TC Minutes 08-08-19890 •
MINUTES OF THE REGULAR TOWN COUNCIL MEETING
HELD AUGUST 8, 1989 - 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 7:35 p.m.
A roll call was taken with Albert Reynolds, Mike Bennett, Emilie
Harrison, Gloria McRory and Jerry Davis present. Councilman Jim Stovall
was absent. Also present were Town Attorney John Dunn, Town Manager
Bill James, Director of Community Development Norm Wood, Director
of Municipal Services Larry Brooks, Town Clerk Patricia J. Doyle, as
well as members of the press and public.
The Mayor called for Citizen Input.
Gerald Bonser with Public Service approached the Council.
He stated that on May 24, 1983, Ordinance No. 83-20 was adopted by the
Town Council which granted a franchise to Public Service Company of
Colorado. He stated that since the Franchise Ordinance was enacted, two
significant provisions have been included within other gas franchises
granted by municipalities which are not contained in Ordinance No.
83-20.
He stated that the Company would like to offer the Town the option of
amending the current franchise to include any of these provisions.
1. To offer three percent Franchise Fee Option. The Company would
pay the Town a sum equal to three percent of all revenues received from
the sale and transportation of gas within the Town.
2. The other provision offered which was referred to as the "most
favored nation" clause. This enables a municipality to implement
certain changes in its franchise based upon future developments in
other gas franchises granted to the Company.
After some discussion, the Mayor stated that staff would contact Mr.
Bonser as to when the amended ordinance could be published for first
and second reading.
The Mayor thanked Mr. Bonser for his presentation.
• 0
Kevin Payne, Executive Director of the Avon/Beaver Creek Resort
Association approached the Council. He discussed the possible purchase
of the Checkmate sculpture. He stated that the Committee met on August
8th. Deane Knox of the Driscol Gallery stated that the organizers
of Cheyenne Frontier Days in Wyoming had expressed interest in
purchasing the second edition of three versions of the Checkmate at a
cost of $195,000.00. Both Deane and Herb Mignery would prefer to
see Avon acquire the second piece and leave it in place at the Rotary
Sculpture Plaza. He stated that it was the recommendation of the
Committee that the community pursue the piece. Mr. Payne stated that
the Committee also suggested that a non-profit corporation be
established to undertake a multi-year-multi-phase program.
The plan of action would be as follows:
1. Undertake community-wide fund raising drive to acquire Checkmate.
2. Use excess funds developed by the above, and continue an annual
fund raising effort, for the purpose of identifying other locations
for publicly accessible sculpture placement, and supporting the cost
of constructing bases in those locations for a 'revolving' sculpture
program.
3. Acquire additional art and provide capital enhancement of placement
areas.
He stated that the market price for the Checkmate #2 was $195,000.00,
less the professional adjustment of $15,000. The total price for the
sculpture would be $180,000.00.
Mr. Payne reviewed the checkmate fund raising plan with the Council
(see attached memorandum to these minutes).
Councilman Davis stated that from a community standpoint, he thought
it was a wonderful endeavor, to put together the funds to purchase the
sculpture, and would support it from a private or personal view. He
stated that from the Town's standpoint, he had some concerns of using
tax money for certain pieces of art. He stated that in the beginning,
the concept was for many podiums for several statues in Avon.
He stated he would prefer to see some effort that the Town purchase the
land or perhaps the podiums for the community for over a longer period
of time, but if they were going to vote as a Council to provide some
funding, then he would request a more detail master plan that would be
laid out so that he would feel that the investment would have a long
term return.
After some discussion, the Town Council had a positive consensus to
pursue the issue.
The Mayor thanked Mr. Payne and Mr. Mignery for their presentations.
•
•
Greg Miller, Committee Member of the Avon Marketing Committee approached
the Council. Mr. Miller discussed the proposed ordinance of an Annual
Business License Fee for all businesses in the Town of Avon. He asked
that Council study the proposed ordinance and the fee chart and to
make note of any questions they may have.
Mr. James would like to set up a scheduled public meeting to receive
public input from the local businesses. He also suggested that this
information be mailed out to all local businesses in Avon to have them
review for input.
Councilwoman McRory stated that the percentage was missing from the
ordinance, as well as, the cap on the fees.
Mr. James stated that possibly the first part of September could be
set aside for a public meeting.
No action was taken.
Michael Cacioppo, Vail Town Councilmember approached the Town Council.
Mr. Cacioppo requested an executive session with the Town Council in
respect to land negotiations.
Councilwoman Harrison moved approval to recess into executive session.
The motion was seconded by Councilwoman McRory and was unanimously
carried. The Council recessed into executive session at 8:20 p.m.
and reconvened at 8:45 p.m.
Second reading of Ordinance No. 89-8, Series of 1989, AN ORDINANCE
AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENT.
Larry Brooks stated that this ordinance was in respect to the purchase
of a dump truck, sanding unit, and the related attachments. At the
last meeting there was discussion of including the purchase of the
new computer into the purchase agreement. Mr. Brooks advised the
Council to review the new payment schedule which reflected the revised
numbers on purchasing both pieces of equipment.
Councilwoman McRory moved approval of Ordinance No. 89-8, Series of
1989 including, the new payment schedule which included the dump truck
and the computer. The motion was seconded by Councilman Reynolds.
The Mayor opened the meeting for public hearing. There being no one
wishing to be heard, the Mayor closed the public hearing.
The Mayor called for a roll call.
Those Councilmembers voting aye were: Albert Reynolds, Mike Bennett,
Emilie Harrison, Gloria McRory and Jerry Davis. There were no nay votes.
The motion was unanimously carried.
•
P
Resolution No. 89-24, Series of 1989, A RESOLUTION AMENDING THE 1989
BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING
ON THE FIRST DAY OF JANUARY, 1989, AND ENDING ON THE LAST DAY OF
DECEMBER, 1989.
Bill James stated that there were two additional expenditures to the
1989 budget, which were as follows:
1. T.V. Translators in the amount of $1,500 for additional funds for
the election.
2. Centennial Engineering in the amount of $2,500 for a update study
on the Railroad Crossing.
Councilman Bennett moved approval of Resolution No. 89-24, Series of
1989. The motion was seconded by Councilwoman McRory and was unanimously
carried.
The Town Attorney Report was next on the agenda.
Mr. Dunn reported on the Avon Center Out-Lot #3. He had submitted
to the Court, a Motion for Default Judgement which would cause Title
of the Out-Lot over to the Town of Avon, and also obtain Judgement
against the developer for the amount of taxes which were in the amount
of approximately $3,300.
The other issue; Mr. Dunn had received a letter from an attorney who
was representing a interested party for the purchase of Peregrine.
The attorney stated that his client was concerned of what would happen
if his client successfully closed--on the purchase of Peregrine, and
whether or not he would be able to complete the work that the Town Council
desired to have completed(landscaping and painting of the building) within
the sixty day period required by the ordinance which was just about
to end. Mr. Dunn stated that the ordinance did provide a sixty day
extension if work had begun within the initial sixty day period.
Councilwoman McRory felt that if his client was the owner of the property
he could request an extension, but he, at this time, was not the owner.
The Mayor stated by dressing up the area, and painting the building, it
would enhance that sale of the project, and would be moving along
with the completing of the project after the purchase.
Councilman Davis stated that the Town Council had given notice and did
expect that those liens holders complete the requested clean up.
It was the consensus of the Council to request that clean up be completed
in the sixty day time frame.
Next on the agenda was the discussion of an elementary school in Avon,
on Tract P.
• •
Mr. James stated that a meeting was held last week with the parties of
the Eagle County School District and the Town staff in respect to what
the Town's participation could be on that site, if Tract P was selected
as the school site. The participation of the Town would be, maintenance
work, installing additional improvements and to provide several services
and improvements to that area. Mr. James stated that to protect the area
somewhat, a fence was being erected along the railroad tracks. There
would be a pedestrian crossing installed across the railroad tracks.
He stated that possibly within the next three to five years, a separated
grade crossing at Avon Road would be installed. Also the flights at the
Avon STOL-port would be discontinued as of September 7, 1989.
Pat Conran, the new Superintendent of Eagle County Schools approached the
Council. She discussed and reviewed the costs of the proposed school
and also discussed the Bond Election. She stated that they have been
reviewing the plans of the school that were drafted in 1985/1986. She
stated that she needed to know what the additional space was needed
by the Town before it goes to Bond Election.
Larry Brooks reviewed the improvements summary sheet with the Council
(see attached to these minutes).
Discussion followed.
Gary Hendrix, Business Manager for the Eagle County School District
approached the Council. He stated that the current agreement with the
Town of Vail was as such at the Red Sandstone School Gym. The school
district utilizes the gym from 9:00 a.m. to 3:30 p.m., then the Town of
Vail has a morning program, as well as, a afternoon program and adult
programs in the evenings. He stated that the school district maintains
the facility.
Councilwoman McRory stated that she would like to see the Town's money
go toward a swimming pool and to have joint use of the gym facilities
with the school district.
Councilwoman Harrison stated that the Town should take a look at the
cost of the Town having its own facility. She stated that a school
was needed in Avon, and that Avon had to participate and give support
to the district in pursuing a school in Avon.
It was the consensus of the Council to help in its way, as far as the
improvements and maintenance to that area, and to give support.
Councilman Davis moved approval that the Town of Avon would maintain
the grounds around the school, maintain the parking lot, to remove
snow, install a playground area, install a basketball court, a bike path
extension, approval of 1/2 of the parking lot improvements. Also the
Town would pay for the sprinkler system re-design. The motion was
seconded by Councilwoman Harrison and was unanimously carried.
Pat Conran stated that she was recommending to the Board, that Tract P
in Avon as the elementary school site.
The Mayor thanked Pat Conran and Gary Hendrix for their comments.
•
•
Mr. James reported on the Railroad Crossing. He stated that the staff
had met with the group from the Railroad in respect to the crossing
at Avon Road. A meeting has been scheduled for September 14, 1989
for an updated cost funding scenerio.
No action was taken.
Mr. James reported on the Affordable Housing issue. He stated that Mr.
Mayhem recommended that the Town try to provide more affordable housing
in Avon. One of the suggestions was to waive the 2% transfer tax if
the purchaser was a registered voter within the Eagle County, and that
that person be continually registered for a period of one year, that the
purchase be for their primary residence only, and not as an investment
property, that the maximum amount of the purchase price not exceed
$100,000, that the waiver of the 2% transfer tax would be applied just
one time to that property.
Mr. James suggested that this be reviewed at budget time.
The Council had a concern of why the transfer tax be applied for the
one time to the property instead of the purchaser.
Councilman Davis felt that it could be done a little more liberal.
The Council agreed to have the Town Attorney draft an ordinance to the
effect, that the purchase not exceed $100,000 and that the property
be owner occupied.
The Council agreed.
Mr. James reported on the creation of a Housing Authority.
Mr. Dunn presented to the Council, a copy of the petition for a formation
of a Housing Authority. The petition would need twenty five signatures,
a Notice would be published of a public hearing which would be held
ten days after that publication.
Discussion followed.
Councilman Davis suggested that the Town either contract with, or,
ask Mr. Adamski to meet with the Town Council to receive more information
of how to go about creating a Housing Authority, and to pay a consultant
fee so that the Town could get the Authority set up.
The Council agreed to proceed.
Norm Wood reviewed the list of the unsightly trash and zoning violations
throughout the Town, which were brought to the staff's attention.
Mr. James stated that the staff would tour the Town periodically so that
this issue would not have to be addressed to the Council aaain.
n
0
•
Mr. James reported on the Town of Avon's Retirement and Deferred Compen-
sation program.
Mr. James requested that a work session be scheduled for Tuesday,
August 15, 1989 to discuss this program along with some other items.
The Council agreed.
The Financial Matters were next presented to the Council.
Councilwoman Harrison moved to receive items #1 through #10. The
motion was seconded by Councilwoman McRory and was unanimously carried.
Councilwoman Harrison moved approval of the General Fund of Accounts
Payable for August 8, 1989. The motion was seconded by Councilwoman
McRory and was unanimously carried.
Councilwoman Harrison moved approval of the Reconciliation Sheet of
Accounts Payable for August 8, 1989. The motion was seconded by Council-
woman McRory and was unanimously carried.
Councilwoman Harrison moved approval of the July 25, 1989 Council Meeting
Minutes as presented. The motion was seconded by Councilwoman McRory
and was unanimously carried.
Councilwoman Harrison gave her formal resignation from the Avon Town
Council. Her last meeting will be August 22, 1989. She would be
returning to the State of Kentucky.
The Mayor thanked her for all her hard work and dedication on the Council.
He stated that she would be missed.
The Mayor stated that there was a school Board Meeting Wednesday,
August 9, 1989 and that the school board would be making their final
decision for the site of the elementary school. He encouraged all who
had school children to attend.
Councilman Davis suggested that the Planning and Zoning Commission be
notified of the school board meeting.
7
9
L
There being no further business to come before the Council, Councilwoman
McRory moved to adjourn into executive session. The motion was
seconded by Councilwoman Harrison. The meeting was adjourned by Mayor
Nottingham at 10:15 p.m.
The Council then retired into executive session.
APPROVED:
•
Avon/Beaver Creek
Resort Association
MEMORANDUM
•
TO: MAYOR ALLAN NOTTINGHAM, AVON COUNCIL, TOWN MANAGER BILL JAMES
FROM: THE AD-HOC PUBLIC SCULPTURE COMMITTEE
DATE: 8/4/89
SUBJECT: CHECKMATE ACQUISITION AND FUTURE PROGRAMS
Three members of the recently appointed ad-hoc committee to study
possible acquisition of the Checkmate sculpture met this morning with
Deane Knox of the Driscol Gallery to discuss our options. Terry Halverson,
Gloria McRory, and Kevin Payne were in attendance.
Deane reported that the organizers of Cheyenne Frontier Days in Wyoming
have expressed interest in purchasing the second in the edition of three
versions of Checkmate, at a cost of $195,000.00. This would push the cost
of the third and final piece in the edition to $225,000.00. Deane further
reported that he and the sculptor, Herb Mignery, would prefer to see Avon
acquire the second piece in the edition and leave it in place forever
at the Rotary Sculpture Plaza where it now sits.
Deane suggested that the community enter into an option arrangement with
Herb Mignery for a three year purchase of the piece, and has indicated
that Herb is amenable to such an arrangement. The details would need to
be worked out by legal counsel.
It is the recommendation of the members of the ad-hoc committee who
were in attendance that the community pursue this course of action,
per the attached plan for raising funds.
Further, the ad-hoc committee members present suggest that a non-profit
corporation be established to undertake a multi-year, multi-phase program
to establish Avon as a "mecca" for public art, particularly sculpture.
A brief prioritized plan of action:
1. undertake community wide fund raising drive to acquire Checkmate
2. use excess funds developed by the above, and continue an annual
fund raising effort, for the purpose of identifying other locations
for publicly accessible sculpture placement, and supporting the cost
of constructing bases in those locations for a 'revolving' sculpture
program
3. acquire additional art and provide capital enhancement of placement
areas
We believe that the success of the Checkmate and Casey at the Bat program to
date is such that broad community support will greet the above plan of action,
and we urge your support.
P.O. Box 1437 . Avon, Colorado 81620 . 303/949-5189
CHECKMATE FUND-RAISING PLAN
Market Price, Checkmate #2 $195,000
less professional adjustment 15,000
180,000
amortized over three year,
0% interest note annual
obligation 60,000
YEAR ONE FUND-RAISING
Corporate donors 15,000
Major individual donors 7,000
Foundations 5,000
Merchandising (buckle/sculpture) 7,000
Individual contributors 3,000
Town of Avon 30,000
67,000
surplus to endowment, future
phases 7,000
YEAR TWO FUND-RAISING
Corporate donors 15,000
Major individual donors 7,000
Foundations 10,000
Merchandising 15,000
Individual contributors 5,000
Town of Avon 30,000
82,000
surplus to endowment, future
phases 22,000
YEAR THREE FUND-RAISING
Corporate donors 15,000
Major individual donors 7,000
Foundations 50,000
Merchandising 15,000
-Individual contributors 7,500
Town of Avon 30,000
124,500
surplus to endorment, future
phases 64,000
is
endowment balance 93,000
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