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TC Minutes 09-27-1988MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD SEPTEMBER 27, 1988 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 7:45 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, 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. Jeff Bowen, a member of the proposed Regional Marketing Advisory Committee for Summer Tourism, in Eagle County, approached the Council. He stated that the Regional Marketing Advisory Committee would be a combination of several entities within the county, which included cities, recreation districts, golf courses, etc. He stated that one of the projects that they had started was a motion picture of a combination of summer activities which would be shown during the winter months, and particuarily, at the World Cup Championships. Rodger Brown and Mike Bennett with Summit Films, were in the process of finishing the filming for the movie, which would be approximately ten minutes in length. This would be sent to travel agents. Mr. Bowen the proceeded to run a film that they had taken of this year's Balloon, Bluegrass Event. Mr. Bowen was requesting a contribution of $10,000 from the Town of Avon for the Regional Marketing Program. Councilman Miller requested that Mr. Bowen return with a written proposal outlining exactly what Avon would receive as far as exposure and film footage for the Town's commitment of the $10,000. Councilman Davis stated that Mr. Bowen had been before the Marketing Committee and had received support for this program. Councilman Davis recommended that Avon support this Marketing Program and that-Avon-contribute the funds. The Mayor thanked Mr. Bowen for this presentation. There being no further discussion, the Mayor closed the Citizen Input portion of the agenda. 0 • Second reading of Ordinance No. 87-9, Series of 1987, AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONING MAP OF THE TOWN OF AVON BY THE INCLUSION OF CERTAIN PROPERTY KNWON AS NOTTINGHAM STATION SUBDIVISION This ordinance was tabled at the September 13, 1988 meeting due to the fact that inadequate publication was given. Lynn Fritzlen stated that the ordinance was continued from.the last council meeting. She stated that on September 13, 1988, the property was annexed into the Town of Avon. Ms. Fritzlen then reviewed the map with the Council. Councilman Miller moved approval of Ordinance No. 87-9, Series of 1987 on second reading. The motion was seconded by Councilman Connell. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. The Mayor opened the meeting for Council discussion. There was discussion of Frank Doll's property, and how the access road could be constructed through to Eaglebend Road. Mauri Nottingham stated that there was an option with Frank Doll to purchase an easement through his property. Councilman Davis had a concern that by zoning the parcel Specially Planned Area(SPA), would the municipality have thr right to require at a later date, the proper width for a road through that parcel. Mr. Wood felt that this matter was dealt with through the Subdivision Agreement process. Councilman Watkins stated that in regard to Lot 3 being zoned SPA per Ordinance No. 82-15, he asked what ordinance 82-15 provided. John Dunn stated that in reference to SPA per Ordinance No. 82-15; Ordinance No. 82-15 was not the rezoning ordinance, but was the annexation ordinance. Mr. Dunn recommended that the matter be tabled until the applicant tender an ordinance that was correct. Councilman Watkins so moved. The motion was seconded by Councilman Miller and was unanimously carried. First reading of Ordinance No. 88-13, Series of 1988, AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON TO REGULATE AMPLIFIED SOUND SYSTEMS AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. Norm Wood stated that ordinance No. 88-13 provided regulations of outdoor use of amplified sound systems which were in accordance with previous direction from the Town Council. He stated that Ordinance No. 88-13 established the permit requirements, basic hours of operation and types of sounds allowed. -2- • • He stated that Resolution No. 88-20 adopts the Administrative procedures and guidelines:for,the reviewand-issuance_Jof permits. The Town Attorney stated that Resolution No. 88-20, should be held over until the second reading of ordinance No. 88-13. Councilman Miller moved approval of Ordinance No. 88-13, Series of 1988 on first reading. The motion was seconded by Councilman Davis. There was discussion of concern of the hours for outdoor operation which were found in the guidelines (10:00 p.m. to 12:00 a.m.). Councilman Davis stated that it was his understanding that the hours would be determined by each individual case. There being no further discussion, the Mayor entertained a roll call. 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. Councilman Miller moved approval of Resolution No. 88-20. The motion was seconded by Councilman Davis. Discussion followed. Councilman Davis had concern of the hours of operation in respect to the Vintage Car Race and the Balloon, Bluegrass Events, which both have loud speakers before 9:00 a.m., and would not be allowed under these procedures. Councilman Davis suggested that the hours be changed to 9:00 a.m. to 10:00 p.m., and anytime after those hours, a permit would be required by the Town Council. Councilman Watkins moved to table Resolution NO. 88-20, Series of 1988. The motion was seconded by Councilman Miller and was unanimously carried. Resolution No. 88-19, Series of 1988, A RESOLUTION APPROVING A FINAL PLAT FOR EAGLEWOOD SUBDIVISION, LOCATED IN THE E 1/2 NW 1/4 AND S 1/2 NE 1/4 SECTION 11 TOWNSHIP 5 SOUTH RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF AVON, EAGLE COUNTY COLORADO. David and Tim Garton, on behalf of Avon Ranch Company, requested approval on final plat for a parcel known as Eaglewood Subdivision. The parcel was approved for preliminary plan on February 10, 1987, by Resolution No. 87-5. Ms. Fritzlen recommended approval of Resolution No. 88-19, Series of 1988. The motion was seconded by Councilman Davis. Discussion followed. There were 140 units assigned to the property. Norm Wood stated that with the plat being subdivided, it would now distribute those units to two different properties, which should conform with the maximum of 25 units per acre. -3- 0 There would be 50 units to the west end of the property, and 90 units to the east end. Norm Wood stated that the Eaglewood Subdivision did not have any amenities proposed. The,Mayor entertained a vote on the motion. The motion was unanimously carried. Mr. Dunn reported on the Christie Lodge Case. He stated that the Trial was set for Monday, October 3, 1988. He stated that there were no settlement negotiations at this time. Councilman Watkins stated that if negotiations would become the issue, he felt that that was one point the Council was not willing to conceive. Councilman Watkins moved to receive the proposed 1989 budget and set the public hearing for October 25, 1988. The motion was seconded by Councilwoman Harrison and was unanimously carried. The TV Translator issue was placed under unfinished business of the agenda. This matter was up for discussion. Be it noted that Al Connell stepped down due to conflict of interest. Cal Thomas stated that Pinnacle Television was eager to continue the program. He stated that they were aware of the time frame. Mr. Thomas stated that they had prepared a suggestion and presented this to the Council for their review. The suggestion read as follows, "That the Town Council consider and approve a motion to make the Translator Television License available to Pinnacle Television Translator Corporation on conditions satisfactory to both parties as contained in a letter of agreement to be drawn up by your legal counsel and Pinnacle". Mr. Thomas reviewed the past discussions that took place between the Town Council and himself. Councilman Davis stated that it was his understanding that the Council wanted the Committee to deal with this issue. He stated that there was no presentation made by Pinnacle Television at those Committee meetings. He felt that it was not in the best interest of this Council to make any awards or any such agreement at this time. Councilwoman Harrison stated that she did not understand how this request or suggestion, would commit the Town of Avon, or the Council, to anything. She stated that it simply allowed Pinnacle to continue with the financing efforts. -4- 0 0 Councilman Davis stated that the request was giving Pinnacle the right to use the TV Translator license if they receive satisfactory agreement with the Town. He stated that he did not understand why the Council would be dealing with private enterprise at this time, when the effort was to go with a Committee, for a community-wide system, to come up with a solution to this issue. He stated that if it was the pleasure of the Council to allow those licenses to be used by this group, and there was a decision made, and that decision was not what the Council wanted, then he felt Council would be given away their rights as far as the licenses go. Councilman Miller stated that if there was another private entity interested, they would have surfaced by now. He felt that this issue needed to move a little faster in solving this problem, and felt that the request made by Pinnacle did not commit the Town to any commitment and was willing to give this a try. Discussion followed. Councilman Watkins felt that the Town could start negotiating and try to come up with an agreement that would indicate that this issue would be pursued. Councilman Miller stated that a motion would not be necessary, but a consensus of the Council that the Council allow Pinnacle Television, and the Town's legal counsel attempt to come up with some form of an agreement. Councilman Watkins stated that as far as generating the paper work, that would have to come from Pinnacle, that Council was not directing the Town Attorney to draft the agreement, but legal Counsel only review the draft agreement. Mr. Thomas stated that they were prepared to draft the agreement. Councilman Davis stated that because of this situation, he asked that Council appoint another Councilperson to the TV Translator Committee. Councilman Miller stated that Council accept Councilman's Davis resignation, and that between now and the next Council meeting, the Council give some thought to appoint another Councilperson to that committee. The Mayor report was next presented to the Council. The Mayor offered to the Council, a Proclamation, which was in respect to "National Family Week". Councilwoman Harrison moved approval of the Proclamation to designate November 20-26, 1988 as "National Family Week". The motion was seconded by Councilman Miller and was unanimously carried. -5- 6 r The Financial Matters were next presented to the Council. Councilman Miller moved approval of the General Fund of Accounts Payable for September 27, 1988. The motion was seconded by Councilwoman Harrison and was unanimously carried. 14, Councilwoman Harrison moved approval of the Reconciliation Sheet of Accounts Payable for September 27, 1988. The motion was seconded by Councilman Miller and was unanimously carried. Councilman Miller moved approval of the September 13, 1988 Council Meeting Minutes as presented. The motion was seconded by Councilman Watkins and was unanimously carried. Councilman Miller presented the Council with a copy of a letter from Bob Knous in reference to the World Cup Championships. Councilman Miller stated that as the Town's respresentative on the Resort Assocation Board, he indicated that he had some information, which he presented to the Council for their review. He asked that they review the information and that it would be discussed at a later date. There being no further business to come before the Council, Councilman Miller moved to adjourn. The motion was seconded by Councilman Watkins. The Mayor adjourned the meeting at 9:05 p.m. CTFULLY SUBMITTED: atricia J„/ Doyl'-~k, Town Cler -6-