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TC Minutes 09-13-1988• Ll MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD SEPTEMBER 13, 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. A meeting was called to order by Mayor Allan Nottingham at 7:30 p.m. A roll call was taken with Emilie Harrison, Steve Miller, Gloria McRory, Al Connell and Jerry Davis present. Councilman Watkins was absent. Also present were Town Attorney John Dunn, Town Manager Bill James, Engineer Norm Wood, Director of Planning Lynn Fritzlen, Director of Public Works, Parks and Recreation Larry Brooks, Town Clerk Patricia J. Doyle, as well as, members of the press and public. The Mayor called for Citizen Input. There being no one wishing to be heard, the Mayor closed the Citizen Input portion of the meeting. Second reading of Ordinance No. 87-5, Series of 1987, AN ORDINANCE ANNEXING TO THE TOWN OF AVON A PARCEL OF LAND LOCATED IN SECTION 12, T 5 SOUTH, RANGE 82 W. of the 6TH P.M., EAGLE COUNTY, COLORADO; AND SETTING FORTH FINDINGS AND CONCLUSIONS AND OTHER DETAILS THERETO Lynn Fritzlen stated that the applicant, Nottingham Ranch Company, owner of Lot 1, Tract A, and Nottingham Associates, owner of Lot 2 and 3, Tract B, have applied for the following to be approved at the Town of Avon Town Council meeting on September 13, 1988: 1. Approval on second reading of an ordinance to annex Lot 1, Tract A. 2. Approval on second reading of an ordinance to adopt amended zoning for Lot 1,2 and 3, and Tracts A and B. 3. Final Plat approval for the Nottingham Station Subdivision which includes Lots 1,2 and 3, and Tracts A and B. It was brought to the attention of the Planning staff that the proper 12 day requirement posting was not satisfied on ordinance No. 87-9 (amending the zoning map), and therefore was requested that the ordinance be tabled until September 27, 1988. Ms. Fritzlen then reviewed the history of the parcels. She stated that the fees for the Avon Metropolitan District were received. Be it noted that Councilman Watkins arrived at 7:50 p.m. After discussion and review of the documents, Ms. Fritzlen recommended approval of Ordinance No. 87-5; table Ordinance No. 87-9 until the next regular Council Meeting; and adopt Resolution No. 88-18, which was the approval for Final Plat for Nottingham Station Subdivision. • 0 There was discussion and concern of the overhead lines and the question of whether or not those lines were to-be buried on lots 1 and 2. James Wear, Attorney for the applicants, approached the Council. He stated that the development of the property would take place in two distinct phases. Lots 1 and 2 would be developed pursuant to this Subdivision Agreement, and Lot 3 would be developed sometime in the future. He stated that the owners of Lot 3 would have to again approach the Town for a specific development plan. He stated that prior to any development of Lot 3, the overhead electric lines would have to be buried across Lot 1, 2 and 3. Mr. Wear then proceeded to rep ew the map with the Council. Councilman Miller moved approval of Ordinance No. 87-5, Series of 1987 on second reading. The motion was seconded by Councilman Harrison. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. The Mayor entertained Council discussion. It was asked if there was any concern with impact if the grade crossing were to come about. Mr. Wood stated that the one thing that may result with a separated grade crossing when the road actually connects to Avon Road, may actually be moved closer to the river. Mr. Wood stated that Hurd Lane would proceed past Lots 1 and 2, and would stop at Lot 3. He stated that the Subdividers Agreement calls for the road to be extended on through Lot 3, to the easterly line. It does not deal with going across Frank Doll's property making the connection to Eagle Bend at this time. The Mayor entertained a roll call on the motion. 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. Councilwoman Harrison moved to table Ordinance No. 87-9, Series of 1987 until the next regular Council Meeting, September 27, 1988. The motion was seconded by Councilman Miller and was unanimously carried. Resolution No. 88-18, Series of 1988, A RESOLUTION APPROVING A FINAL PLAT AND SUBDIVISION IMPROVEMENTS AGREEMENT FOR NOTTINGHAM STATION, A SUBDIVISION OF A PORTION OF THE EAST HALF OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF AVON, EAGLE COUNTY, COLORADO Lynn Fritzlen read the resolution in its entirety. Councilwoman Harrison moved approval of Resolution No. 88-18, Series of 1988. The motion was seconded by Councilman Connell and was unanimously carried. -2- • The Town Attorney requested an executive session after the adjournment of the meeting. The executive was in regard to the Christie Lodge Litigation. The Council agreed. Next on the agenda was an agreement between the Town of Avon and the Avon/Beaver Creek Resort Association in that the Avon/Beaver Creek Resort Association provide services which would promote economic activity within the Town of Avon, and that the Town of Avon support such. The Town Manager stated that he needed Council's authorization to go ahead and develope an agreement with the Resort Association so that their employees would be employees of the Town of Avon by contractural relationship, so that the Town could provide them with both medical and dental benefits, which were provided to the Town of Avon employees. Mr. James recommended authorization to enter into an agreement subject to final review and approval by the Town Council and the Town Attorney. This agreement would be placed on the September 27, 1988 Council Meeting agenda. Next on the agenda was the report on the regulations of Outdoor Amplified Sound Systems. Norm Wood stated that there were several suggestions in regard to control of outdoor amplified sound systems. He suggested that Council adopt an ordinance which would establish a basic for control of permitting the outdoor sound systems. It would require a permit for all outdoor sound systems, and that it would qualify for certain hours, certain types of use. He stated that they have broken this into three zones: 1. Residential Zone 2. Commercial Zone 3. Nottingham Park The use for non-commercial purposes and residiential areas for a regular permit, would be to permit the hours between 9:00 a.m. to 8:00 p.m. In the commerical zone districts, the hours permitted would be between 8:00 a.m. to 10:00 p.m. In Nottingham Park, 9:00 a.m. to 8:00 p.m. He stated that for special permits, there would be a procedure that would allow special permits for conditions going beyond the regular hours. The special permit would allow a public hearing before the Town Council for approval. Mr. Wood recommended that Council direct staff to prepare an ordinance to implement the regulations and also a resolution to spell out the Administrative procedures. The Council agreed. -3- 0 The TV Translator report was next on the agenda. Councilman Davis reviewed the progress report and the press release that he had drafted. Councilman Davis teviewed the Mission Statement, the Goal Statement, the Engineering, and the Feasibility Study with the Council.(See attached to these minutes). He stated that there was a meeting scheduled for September 22, 1988, that public input was invited. He stated that the issue was not the building and operating of a facility, but it was the issue of where the funding would come from. He stated that the County did not have any intention of being the lead agency for the translator system. He stated that it has been suggested that the County somehow pay for the portion of the County that do not have any Special Districts. He felt that this had to be addressed. He stated that it was not fair to the other entities that were paying for the service, for those people to receive the service for free, without some kind of compensation. He stated that the Council needed to address that matter. He stated that the County needed to keep an open mind, let the committee do the study, to see if there was a feasibility for implement- ing the service. He stated then, at that time, there would be a public hearing, and that the County would have to make their decision. Cal Thomas, representing the Pinnacle Television Translator Corporation, approached the Council. Be it noted that Councilman Connell stepped down due to a conflict of interest. Mr. Thomas stated that about three meetings ago, he had presented the Council with a resolution stating that the licenses that Avon now possessed, would be made available, if the financing was in place. Also, Mr. Thomas had prepared a business plan for Council's review. He stated that his concern was: 1. The financing 2. The time factor. Mr. Thomas then reviewed both of his concerns. Discussion followed. Councilman Davis suggested that the private sector and the Committee work together to try and come up with a solution. Further discussion followed. Councilman Watkins moved to table this matter until the next regular Council Meeting so that they had an opportunity to attend the September 22, 1988 Translator Meeting. The motion was seconded by Councilman Miller and was unanimously carried. -4- • 0 The Financial Matters were next presented to the Council. Councilman Miller moved to receive items #1 through #9. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilman Miller moved approval of the General Fund of Accounts Payable for September 13,1988. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilman Miller moved approval of the Reconciliation Sheet of Accounts Payable for September 13, 1988. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilman Miller moved approval of the August 23, 1988 Council Meeting minutes as presented. The motion was seconded by Councilwoman Harrison and was unanimously carried. Councilman Watkins commented on the letters from Larry Goad, and Jack Hunn, which were placed in the Council's packets. Councilman Watkins requested that the discussion of Fracionalization be placed on a future agenda so that this ordinance could be reviewed. The Council agreed. The Town Attorney stated that the matter of the Beaver View East and West project would not become an issue before the Town until the developer of the project would apply for a building permit. There being no further business to come before the Council, Councilman Miller moved to adjourn into executive session for the purpose of the Christie Lodge Litigation. The motion was seconded by Councilman Davis and was unanimously carried. The meeting was adjourned into executive session by Mayor Nottingham at 9:00 p.m. -5- • 0 PEQTFULLY SUBMI atricia r/ Doyle, Tj6wn Clerk APPROVED: -6- own of Avon P. O. Box 975, Avon, CO 81620 (303) 949-4280 September 12, 1988 Eael.e County Board of Commissioners: P. 0. Box 850 Eagle, Colorado 81631 Re: Eagle County TV Translator System Dear Sirs: We would like to take this opportunity to clarify some apparent misunderstandings regarding the activities and recent actions of the Eagle County TV Translator Committee. The Committee adopted-the attached Mission Statement and Goal Statements at it's last meeting. Please note that these statements do not suggest that Eagle County is to be the funding source for this system or that the system should be operated by any governmental agency. The statements do indicate that the completed engineering feasibility study and financial plan should address what portions of the county can be served by the system and what revenues will be required to install and operate the system. When this work is complete it will then be possible to determine what is the most appropriate structure for the funding and operation of the system or if it is even feasible to install such a system. Apparently there is also some misunderstanding regarding what is required for an engineering feasibility study to determine service area and costs. The authorized study addresses service to virtually all of Eagle County with the exception of the Basalt / E1 Jebel area which is currently receiving signals from Garfield and Pitkin Counties. This type of study requires a sophisticated engineering analysis to determine service area, fringe areas and to avoid problems associated with signal interference. The authorized study includes computor generated contour maps that will identify prime viewing areas as well as fringe areas. This type of generation is necessary to define service areas as well as the type of equipment needed. An incomplete study may well result in areas with severe ghosting of images due to overlap of coverage as well as other areas which may have a much lower quality signal than necessary. • 0 The Committee did not select a consultant for the study based upon cost alone but selected the consultant believed to be the most qualified to provide the service. This is probably the most important phase of all in developing a TV Translator System and a mistake at this point could well be far more expensive than a mistake at the equipment installation stage. The consultant selected was the most qualified of those submitting proposals with the engineering credentials and experience required to complete a study of this nature. The remaining consultants who submitted proposals were highly qualified technicians who would probably be excellent at installing and maintaining a system of this nature. In summary, the committee believes it has acted judiciously in selecting a consultant to perform the engineering feasibility study. We further request that the county commissioners retain an open mind regarding the system until the engineering study and financial plans are complete and the committee has an opportunity to initiate and implement the plans. All translator related proposals or suggestions should be directed to the committee for consideration in developing the feasibility, financial and organizational plans for a system. It is impossible to make a realistic evaluation regarding an organizational structure for the funding or operation of a TV translator system without this input. The Eagle County TV Translator- Committee would like to invite the Eagle Count- Commissioner= and all other interested parties with input or proposals for development of a TV translator system to our next meeting to review the progress made to date and to discuss the goals of the committee. We believe this meeting will provide an opportunity to discuss something that seems to be of importance to a large number of residents of Eagle County considering the broadbased support for funding the engineering feasibility study. The various organizations contributing funds to the engineering feasibility study are shown on the attached list. This meeting will be at the Avon Town Hall on September 22, 1988 at 12:00 Noon. Lunch will be served. We look forward to this opportunity for discussion and want thank you for your cooperation and participation in the past. Sincerely, J ry ~avis, Member Eagle County TV Translator Committee PRESS RELE& • September 12, 1988 EAGLE COUNTY TV TRANSLATOR COMMITTEE In March of 1988 the Eagle County Board of Commissioners, following a request from representatives of various area towns and special districts, agreed to provide matching funds up to $10,000.00 for an engineering feasibility study for a TV Translator Sytem to serve Eagle County. Based upon this commitment from Eagle County the following towns, special districts and organizations contributed a total of $8,250.00 in funds to complete the study. Town of Avon Town of Eagle Town of Minturn Town of Vail Arrowhead Metropolitan District Avon Metropolitan District Berry Creek Metropolitan District Edwards Metropolitan District Lake Creek Meadows Homeowners Association Representatives from each of the general areas contributing to the study plus the Eagle Valley Television Corp. and the Town of Redcliff were appointed to provide direction and oversee the feasibility study. A Request for Proposals was sent out on June 16, 1988 and five proposals were received by the July 8, 1988 deadline. Following a review of the Proposals, all five applicants were interviewed and HarTech, Inc. was selected to perform the engineering feasibility study for a maximum fee of $16,000.00. .1im Hart of HarTech began work on the study August 29, 1988. The initial phase consisted of visting potential translator sites and gathering information on existing translators and translator licenses available for use within the system. Subsequent phases will include a computor generated analysis of the potential service area covered by individual translator sites, an evaluation of existing equipment and sites, recommendations for the most effective use of existing equipment and licenses, projected service area utilizing existing equipment and licenses, recommendations for additional equipment and licenses required to serve remaining populated areas of Eagle County and cost estimates for required capital equipment as well as annual operating and maintenance costs. This study should be complete by mid December 1988. Completion of the Engineering Feasibility Study is only the first step toward the implementation of a county wide TV Translator System. As noted in the attached Eagle County TV Translator Committee Goal Statements additional steps include developing a financial plan, establishing funding sources and developing an organizational structure to manage, operate and maintain the system. All this is necessary before construction can be started. • 0 The Eagle County TV Translator Committee would like to invite the Eagle County Commissioners and all other interested parties with input or proposals for development of.a TV translator system to our next meeting to review the progress made to date and to discuss the goals of the committee. We believe this meeting will provide an opportunity to discuss something that seems to be of importance to a large number of residents of Eagle County considering the broadbased support for funding the engineering feasibility study. The various organizations contributing funds to the engineering feasibility study are shown on the attached list. 0 • EAGLE COUNTY TV TRANSLATOR COMMITTEE August 29, 1988 Mission Statement To develop a business plan for the construction, operation and tax base funding of a five (5) channel Television Translator System to serve majority of Eagle County residents and businesses (I-70/ Eagle River/ Colorado River Corridors). Goal Statements 1. Engineering Feasibility Study a. obtain money for study (complete) b. finalize study (December 15, 1988) C. interpretation of study (January 15, 1989) 2. Financial Plan/Funding Sources a. tax based plan (February 15, 1989) (special districts through inter-governmental agreements/ newly created special authority/ county) b. financing alternatives such as lease purchase of capital equipment (February 15, 1989) 3. Organizational Structure a. how will organization work? (March 15. 1989) b. determination of lead agency (contact Pitkin and other counties) (March 15, 1989) C. pooling of licenses for county wide system (March 15, 1989) d. outside contracts vs. in house management and operation (March 15, 1989) Note: Organizational structure and recommended funding sources will be guided by Engineering Feasibility Study and Financial Plan. 4. System Construction a. equipment specifications & bid documents (April 15, 1989) b. award construction (installation) contract (June 1, 1989) C. construction complete and system operational (September 1, 1989) E • EAGLE COUNTY TV TRANSLATOR COMMITTEE Engineering Feasibility Funding Participants: Town of Avon Town of Eagle Town of Minturn Town of Vail Arrowhead Metropolitan District Avon Metropolitan District Berry Creek Metropolitan District Edwards Metropolitan District Lake Creek Meadows Homeowners Association Eagle County Committee Members: Susan Vaughn Glen Ewing Mike Metcalf Merv Lapin Darrell Weigert Loraine Lopez Kevin Whelan Jerry Davis Alternate Members: Lee Metcalf Willie Powell Eric Afeldt Bill James Eagle County Town of Eagle Eagle Valley Television Corp. Town of Vail Town of Minturn Town of Redcliff Edwards / Arrowhead Town of Avon Eagle County Town of Eagle Town of Vail Town of Avon M E E T I N G Eagle County TV Translator Committee September 22, 1988 12:00 Noon - Avon Municipal Building A G E N D A 1. Review Project with County Commissioners and Public 2. Adopt Mission Statement 3. Adopt Goal Statement 4. Review Status Report from Hartech, Inc.