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TC Minutes 02-23-1988• MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD FEBRUARY 23, 1988 - 7:30 P.M. The regular meeting of the Town Council of the Town of Avon, Colorado, was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado, in the Council Chambers. The meeting was called to order by Mayor Allan Nottingham at 7:30 p.m. A roll call was taken with Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering/Community Development Norm Wood, Director of Public Works/Parks and Recreation Larry Brooks, Director of Public Safety Joe Olson, Town Clerk Patricia J. Doyle, as well as, members of the press and public. The Mayor called for Citizen Input. The Mayor noted that Ruby's had withdrawn their application for discussion. The Town Manager stated that Ruby's did not have any intention of putting in Ruby's and Deluca's in Avon Center. Bill Perkins approached the Council. Mr. Perkins is a Boardmember of the non-profit corporation of the Vail Community Television(VCTV). He stated that he was representing the Board of Directors for the Public Access Television for the valley. He stated that Public Access was to provide a community with access to the airways. He stated that they have been working on the funding to make this public access work. He stated that at this point they have gotten Vail and Heritage to agree to some funding. He stated that they were now asking Avon to give the same percentages to the funding of that operation on a limited three year basis, and then review it at that time. He stated that after several months of negotiations with the Vail Community Television Board, they have reached an agreement which they jointly endorse and request the Town of Avon to consider and authorize. The terms of their agreement are as follows: 1. Heritage will agree to an increase in Franchise Fee in the Town of Avon, concurrent with our renewed Franchise Agreement in the Town of Vail, from 3 percent of gross revenue as presently defined to 5 percent of gross revenue with the additional 2 percent to be earmarked for the VCTV. • 2.. Separate from, and in addition to the revenue generated from the Franchise Fees above, Heritage will fund a grant to the VCTV in the form, of paying all lease expenses, common area fees and required insurance on the present studio space. 3. VCTV will take responsibility for all repair, maintenance, equipment replacement and operating expenses for locally produced or originated programming and will oversee programming on the designated public access channel on the valley cable TV System. 4. Heritage will donate all studio equipment to VCTV. 5. This entire arrangement is subject to the periodic review and reconfirmation or revocation by the Town under any process or procedure they wish to establish and VCTV and Heritage agree to be bound by the reconfirmation or revocation as it occurs.(See letter dated February 22, 1988 which is attached to these minutes). Councilwoman Harrison moved approval to amend the Franchise Agreement with Heritage Cable, to conform with the memorandum to the Town of Avon as of February 22, 1988. The motion was seconded by Councilman Miller and was carried with Councilman Davis abstainina. Wayne Townsend with Slifer Designs approached the Council. Mr. Townsend was requesting a modification of the Mechanical Code to allow gas fire- places. He stated that they were in the process of opening up a Design Showroom in the sourth end of the building of Christie Sports. He stated that they would like to install a gas fireplace in the show- room. He stated that it would be a gas circulating fireplace with a gas ignition. After some discussion, it was the consensus of the Council that the Mechanical Code be modified, and that an ordinance be drafted showing the modification to allow gas fireplaces in the Town of Avon. The ordinance will be placed on the next council aqenda. Councilman Miller stated that he was representing Kevin Payne,as well as, Council's representative of the Board of :the Board of the Resort Association, and also representing the Rotary Club in respect to the upcoming Auction, which would be held March 30, 1988. He stated that there was twenty one applications for requests for funding. He stated that they agreed on ten of the recipients, two of which are in the Rotary Club, which related to their International Club and their Scholarship Program. He stated that the next highest sum that the Rotary Club would attempt to make, would go to the Avon/Beaver Creek Resort Association. He stated that he and Kevin Payne have requested that the money go toward a Sculpture Park in Avon. The funds would go toward creating a base for the Sculpture, landscaping and lighting. He stated that there were two sites mentioned; 1. was the location on the south-west corner of the exist ramp. 2. was the corner of Avon Road and Beaver Creek Boulevard by the Avon Center Sign. Councilman Miller stated that it was requested by the Rotary Club that the Park be named,"Rotary Sculpture Park in Avon". There was no Council action. -2- 9 • First reading of Ordinance No. 88-2, Series of 1988, AN ORDINANCE AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENT. Town Manager stated that in the 1988 Budget, there was $51,000 provided for a purchase of a new tractor for the Parks Department. The tractor has a number of functions and attachments, which are; a mower, a turf aeriator, turf sweeper, snow plow and a snow blower. He stated that the Town cannot participate in the Lease Purchase Program. However, Chrysler Corporation, who purchased the Bonds, had given the Town the best interest rate at 7.750. The equipment would be purchased over a two year period of time. Councilman Miller moved approval of Ordinance No. 88-2, Series of 1988 on first reading. The motion was seconded by Councilman Davis. Those Councilmembers voting aye were: Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis. There were no nay votes. The motion was unanimously carried. Resolution No. 88-5, Series of 1988, A RESOLUTION APPROVING THE FINAL PLAT FOR THE AAA DUPLEX, A RESUBDIVISION OF LOT 19, BLOCK 2, EAGLEBEND SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO Norm Wood stated that a Plat had been submitted for AAA Duplex, Lot 19, Block 2, Eaglebend Subdivision. The Lot was located immediately east of the Cluster Homes in Eaglebend. He stated that the plans have been approved by the Planning and Zoning Commission. He stated that Resolution No. 88-5 approves the final plat for the AAA Duplex subject to: 1. Submittal of a party wall agreement for the duplex subdivision for review by the Town Attorney; and 2. Completion and execution of all Certificates in a manner satisfactory to the Town Attorney prior to filing with the Clerk and Recorder of Eagle County. Councilman Miller moved approval of Resolution No. 88-5, Series of 1988. The motion was seconded by Councilman Connell and was unanimously carried. Next. on the agenda was an agreement between the Town of Avon and Payco- General American Credits, Inc. Joe Olson stated that in respect to the out-of-district fire and medical response collections, they were attempting to aet the bills out as quickly as possible, then there would be two follow-up notices sent to those out-of-districts residents that elected not to pay. He stated that chances of collecting the fees would possibly be null after the third notice. -3- • • Mr. Olson was recommending that they turn those bills over to a collection agency. The rates quoted by Payco-General American Collection Agency were 33 1/3o if there were no legal preceedings, and if there were legal preceedings, the rates would be 50% to the agency. Councilman Miller had a concern of using the collection agency. Mr. Olson stated that there would be the three attempts to collect those monies, and stated that the Public Safety Department was not a collection agency. He felt it was better to turn this over to professionals. Discussion followed. Councilwoman McRory suggested that the changes on the contract should be initialed. Councilman Watkins was not convinced that the Public Safety Department needed a collection agency to collect unpaid bills. He stated that it should be used as a final solution. Mr. James suggested that staff bring back to the Council, a draft policy of a collection process which the Council could approve, and possibly include a penalty and interest charge. Council agreed. The Parks and Recreation Action Plan would be brought back to the Council after the final meeting of the Task Force. The Council would then endorse the Plan. The softball field on Tract P. Mr. James stated that Benchmark Companies have agreed to the conditions to dedicate that land for a softball field to the Town of Avon, and if a school were to be built on Tract P, then the Town would dedicate the land back to the school district for school facilities and town facilities. The Transportation Study. A staff committee has been appointed, as well as, an executive committee to address how to provide transportation between Avon/Beaver Creek. The Council's representatives consists of Steve Miller, Al Connell and Jerry Davis. The TV Translators. Mr. James stated that they have set up a meeting with various communities and districts with the County Commissioners at 9:00 a.m. on March 15, 1988 to address the County Commissioners, that they should be the ones responsible for paying for the engineering study and for the overall administration of the County-wide TV Translator System. -4- 0 E The Financial Matters were next presented to the Council. Councilman Miller moved approval of the Cosgriff, Dunn & Abplanalp statement for January billing. The motion was seconded by Councilwoman Harrison and was unanimously carried. Councilman Miller moved approval of the General Fund of Accounts Payable for February 23, 1988. The motion was seconded by Councilman Connell and was unanimously carried. Councilman Watkins moved approval of the Reconciliation Sheet of Accounts Payable for February 23, 1988. The motion was seconded by Councilman Connell and was unanimously carried. The minutes of the February 9, 1988 Council Meeting was next presented to the Council. Councilman Miller moved approval of the February 9, 1988 minutes as presented. The motion was seconded by Councilman Watkins and was unanimously carried. Councilman Davis moved to adjourn into executive session on a personnel matter. The motion was seconded by Councilman Connell and was unanimously carried. The meeting was adjourned into executive session by Mayor Nottingham at 8:27 p.m. SPEC)TFULLY SUBl1ITTE a2t'tl r ~6 - ( .1'~lC c d t icia J. Doyle, T w ler -5- C•' February 22, 1988 Mr. William D. James, Town Manager Town of Avon P.O. Box 975 Avon, CO 81620 Dear Bill: Heritage Communications, In 2195 Avenue Des Moines, Iowa 50312 515-246-1440 After several months of negotiations with the Vail Community Television board we have reached an agreement which we jointly endorse and request the Town of Avon consider and authorize. The terms of our agreement are as follows: 1. Heritage will agree to an increase in franchise fee in the town of Avon, concurrent with our renewed franchise agreement in the Town of Vail, from 3 percent of gross revenue as presently defined to 5 percent of gross revenue with the additional 2 percent to be earmarked for the VCTV. In addition we will jointly seek an amendment to the existing Minturn franchise to increase their franchise fee to 5 percent for the same purpose. Heritage's support of those amendments is limited to amending franchise fee percentages only. Heritage will also voluntarily commit 2 percent of the basic service revenue from all areas served in Eagle County outside of the three incorporated towns to VCTV for its operating budget. All fees would be paid within 45 days of the end of each quarter. The 2 percent was calculated in our 1988 rate structure and would not be added on to the present rate or treated as a separate pass through. We also will pay on all revenue retroactively to January 1, 1988. We estimate the above formula will produce approximately $44,000 in revenue for VCTV in calendar year 1988. 2. Separate from, and in addition to the revenue generated from the franchise fees above, Heritage will fund a grant to the VCTV in the form of paying all lease expense, common area fees and required insurance on the present C•2 Mr. William D. James, Town Manager February 22, 1988 Page 2 studio space; or in lieu of the above and concurrent with the cancellation or transfer of the lease to a third arty, a cash grant of $16,000 per year. This grant period would be concurrent with the remaining lease term, from 12 noon February 1, 1988 to and expiring on 12 noon February 1, 1992. This cash payment, if selected, would be made on February 1, 1988; 1989; 1990; and 1991. Any cash payments will be reduced by a pro rata amount equal to 1/12th of $16,000.00 for each month of each year until Heritage is released from its lease obligation if VCTV elects to move the public access studio and production facilities. 3. VCTV will use its existing fund deposited with the Town of Vail and the 2 percent franchise fee revenues plus any lease abatement payments as an operating budget. VCTV will take responsibility for all repair, maintenance, equipment replacement and operating expenses for locally produced or originated programming and will oversee programming on the designated public access channel on the Vail valley cable TV system. At the present time the designated channel is 23. Heritage will make available a signal from C-SPAN II (Senate television coverage) to fill any hours VCTV elects not to program. 4. As soon as practical, and with the mutual understanding that such time will be most advantageous to Heritage from a financial point of view, Heritage will donate all studio equipment to VCTV. It is anticipated the event could occur concurrently with the roll-over of the limited partnership which owns the Vail cable TV system or at the end of the depreciable life of the equipment. 5. This entire arrangement is subject to the periodic review and reconfirmation or revocation by the Town under any process or r ~ Mr. William D. James, Town Manager February 19, 1988 Page 3 procedure they wish to establish and VCTV and Heritage agree to be bound by the reconfirmation or revocation as it occurs. I sincerely appreciate the consideration by you and the Town Council of this request. I believe this is a highly washable agreement that gives locally produced and programmed television its best chance for success. Sincerely, HERITAGE COMMUNICATIONS, INC. Kevin L. Rice Senior Vice President KLR/sls cc: Gene Garton - Heritage Jerry Davis - VCTV