TC Minutes 11-14-19890 0
MINUTES OF THE REGULAR TOWN COUNCIL MEETING
HELD NOVEMBER 14, 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 Nottingham at 7:40 p.m. A
roll call was taken with David Garton, Albert Reynolds, Mike Bennett,
Gloria McRory, Jim Stovall and Jerry Davis present. Also present
were Town Attorney John Dunn, Town Manager Bill James, Director of
Community Development Rick Pylman, Director of Engineering Norm Wood,
Director of Municipal Services Larry Brooks, Police Chief Art Dalton,
Town Clerk Patricia J. Doyle, as well as members of the press and
public.
The Mayor called for Citizen Input.
Kevin Rice, Senior Vice President of Heritage Cablevision of DeMoines,
Iowa, approached the Council. He discussed the extension of cable
service to serve all of Wildridge Subdivision. He stated that the
issue has always been an economic issue. He stated that they
projected that it would cost $4,127.00 per existing home, as well as,
servicing thirty seven homes who do not have cable, and also the
216 vacant lots in Wildridge. He stated as they re-examined the
project for 1990, they came to the Town to instruct the normal financial
considerations, if the Town of Avon would reconsider their position
on the T.V. Translator issue, and end some financial uncertainties
for Heritage. He stated that there has been some significant changes
since the Town first considered talk of a T.V. Translator System. He
stated that they were working very hard to control their costs. He
stated they have announced that they were freezing the cable rates
for 1990. Mr. Rice stated that they were before the Council to open the
door for conversations about how the Wildridge Subdivision may be
served and to get a feel for the current support for the T.V. Translator
System, and to see how they could get the Wildridge area started with
cable.
Councilman Davis gave a brief history of the cable system in the area,
and the birth of the proposed T. V. Translator System.
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Mr. Rice stated that the economics of television was significantly
different here than in other areas. He stated that more than 50%
of the cable is discounted by hotels, lodges, etc. The basic cable
T.V. is where Heritage receives the 100% pay back. He stated that
because of this area being so transient, people do not subscribe
to the extra service (HBO, Movie Channel, etc.) He stated that
thirdly, Heritage has to import their signals by satellite.
The Mayor thanked Mr. Rice for his presentation and comments.
Greg Kraft approached the Council. He updated the Council on the
progress of the abandoned building in Wildridge Subdivision. He
stated that they had an engineer inspect the present foundation on that
lot and it was determined that the foundation does not have to be
torn down, that the foundation was in good condition. He stated that
they have also had a soils test done. They have had to review and
revise the building plans for FHA approval, which were almost
completed. He stated that they have been waiting for FHA to do
an appraisal. This should be completed within the next thirty days.
He stated that they would not be commencing construction this fall,
but would start construction early spring.
Councilman Stovall asked if it was a fractionalized project.
Mr. Kraft stated it was a four-plex lot and that they were building
eight units on the four-plex lot.
Councilman Stovall had concern that it might violate the prior
Wildridge convenants. He felt that Mr. Kraft would be running into
a road block where those convenants do not provide that type of project.
Mr. Kraft stated that they discussed this matter when they applied
for a building permit in 1986. He stated that they had discussed
this with the Wildridge Committee at that time. Mr. Kraft stated he
certainly would look into it, but felt they did properly address this
issue at that time.
The proposed 1990 Town of Avon Budget was up for public hearing.
The Mayor opened the meeting for public hearing.
Charlie Wick, representing the Committee for Drug Abuse-Free for
Eagle County, approached the Council. Mr. Wick stated that this
program started two years ago by Governor Roy Romer. Mr. Wick gave a
brief history of the program and showed slides. He stated that Governor
Romer had put together a Board of Directors consisting of a number
of Sportsmen, Businessmen. He stated that there were state funds
that go to communities throughout the state to use those funds to attack
those drug use problems.
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He stated that they have received a $33,000 State Grant so as to
hire a high risk counselor to work with the school district and try
to meet the high risk and moderate risk students. Mr. Wick stated
that in Eagle County there was a 10% high risk of students, and a
17% moderate risk that were headed for high risk. Mr. Wick was
requesting that Council consider their request contribution of
$2,500 to help fund this program.
The Mayor thanked Mr. Wick for his presentation and that the Council
would take his request into consideration at the budget work shops.
There being no one else wishing to be heard, the Mayor closed the
Citizen Input portion of the agenda.
Resolution No. 89-37, Series of 1989, A RESOLUTION APPOINTING THE
TOWN COUNCIL AS EX OFFICIO COMMISSIONERS OF THE TOWN OF AVON HOUSING
AUTHORITY.
Bill James stated that the Council has established a Housing Authority
consisting of a group of individuals of the County. After reviewing
the matter further, he suggested that the Council act as the Housing
Authority and appoint a sub-committee to give advise to the Council.
He stated that this resolution appoints the Town Council to be
in charge of the Housing Authority.
The Mayor opened the meeting for public hearing. There being no
one wishing to be heard, the Mayor closed the public hearing.
Councilman Reynolds moved approval of Resolution NO. 89-37, Series
of 1989. The motion was seconded by Councilman Garton and was
unanimously carried.
Resolution No. 89-38, Series of 1989, A RESOLUTION REPEALING RESOLUTION
NO. 84-30.
John Dunn stated that he was directed by the Town Council to draft this
resolution so as to resolve the situation with Buck Creek Plaza,
and the parking spaces leased by C.J., Inc. from the Christie Lodge
Owners Association to satisfy the parking requirements as it existed
at that time. He recommended adoption of Resolution No. 89-38.
Councilman Reynolds moved approval of Resolution No. 89-38, Series of
1989. The motion was seconded by Councilman Garton and was unanimously
carried.
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Update report on the Peregrine Project was next discussed.
Bill James stated that several conversations with Dennis Craig
indicated that some of the clean up work was taking place. There
was a meeting scheduled for November 17, 1989, in which, the thirty
two owners of the building would discuss the painting of the building.
The owners felt that the request of painting the building was too
broad or there was no format. Mr. Craig stated that he would not sign
the letter that was sent to him which, if signed, would agree to the
clean up measures and painting of the building,iintil after the
November 17th meeting of the owners.
Mr. Craig was to notify the Town of the owners response after that
meeting.
No action was taken.
Eagle County School District/Joint Use Agreement on Tract P was next
on the agenda.
Bill James stated that Tract P Agreement which allowed the use of
the school site by the Town of Avon for a recreational facility, open
space and, possibly a football field for the NFL to use as their
training camp, was before the Council for discussion.
He stated that Pat Con4Nran had a couple of concerns.
1. Would there be any fencing around the area that would either
add or detract from the appearance of the site.
2. During the summer months, the Board of Education be responsible
for scheduling of the Battle Mountain High School activities, that the
students have first priority through the school year for night time
practices and activities.
He stated that the Town agreed to pay all and any improvements that
would be necessary for the use of those facilities.
Councilman Stovall moved to authorize John Dunn to draft the agreement,
to take into consideration Larry Brooks' comments, and also the final
comments by Pat Concran which was in her letter dated October 26, 1989.
The motion was seconded by Councilman Bennett and was unanimously carried.
(See memorandum and letter attached to these minutes).
The Agreement for Assumption of Services was next on the agenda.
Bill James stated that this was in respect to the Town of Avon taking
over fire protection services. He stated he has referred this agreement
to the Avon Metropolitan District. He requested that this be held
over until the next meeting.
The Council agreed.
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Tourist Oriented Directional Signs(TODS) was next on the agenda for
discussion.
Larry Brooks stated that the Colorado Department of Highways adopted
rules and regulations for TODS along certain highway right-of-ways.
These rules and regulations apply to highway right-of-ways not on
the interstate system, but within the corporate limits. Highway
6 and portions of Avon Road fall under this category. If Avon
desires to allow such signs, it is required to pass a resolution
to that effect. The department of highways could then receive
applications from businesses for TODS. All applications would be
submitted with the approval of the local board. Mr. Brooks stated
that he was not recommending this program be adopted, but believed
it was important for the Town Council to know that the program
exist(possible options).
No action was taken.
The upstairs remodel of the Municipal Building was discussed.
Bill James stated that $20,000 was budgeted for the expansion of the
log cabin facility last year. He stated that Larry Brooks was not
successful to find anyone to expand the log cabin for that price.
Mr. James stated that he would like to use that money to remodel
the upstairs of the building, to construct counter space at the top
of the stairs, and look at the entire upper level to make it a more
efficient working area. The cost would be approximately $6,500.
It was the consensus of the Council to proceed with the remodel of
the upper level of the building.
The Settlement Agreement between the Upper Eagle Regional Water
Authority, the Avon Metropolitan District, Eagle-Vail Metropolitan
District, and the Town of Avon was next on the agenda.
The Agreement was in respect to the Nottingham Lake maintenance.
John Dunn stated that both he and Norm Wood were not comfortable with
the wording in Section 1. This agreement would be brought back to
Council for further review.
John Dunn stated that they had received a letter from John Caldwell,
Director of Real Estate for City Market in which Mr. Caldwell indicated
that the expansion of the City Market looked encouraging. They were
proceeding to build a financial model to predict return on the
proposed construction investment. This would be ready for presentation
to their parent company in the next few weeks. They would also
like to present to the parent company, a draft of the proposed contract
between City Market and the Town of Avon.
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Councilman Garton moved to direct the Town Attorney to prepare
first draft agreement between City Market and the Town of Avon
regarding the expansion of the City Market in Avon. The motion
seconded by Councilman Reynolds and was unanimously carried.
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John Dunn reported on the Out Lots of Avon Center. He had received
two letters from the County Assessors Office. He stated there seemed
to be some confusion between the two lots. The amount of taxes
due in respect to Out Lot #3 was in the amount of $2,488.80. Also,
he was given a letter for the back taxes on Out Lot #2 which were
in the amount of $1,011.06. Mr. Dunn was requesting that Council
authorize the payment of the taxes on both of those lots. It would
be important to the integrity of the Avon Center Mall to have those
taxes paid.
Councilman Garton moved to authorize payment of the back taxes for
Out Lot #2 and Out Lot #3 of the Avon Center. The motion was seconded
by Councilman Reynolds and was unanimously carried.
The Mayor reported on the 1990 Census. He suggested that this
be advertised in the paper to see if the Town could hire some numerators
to conduct the upcoming Census. He suggested having numerators from
the community as they would be familar with the area. It was suggested
to possibly supplement a payment for the workers.
Norm Wood would coordinate with the Denver Office.
The Financial Matters were next presented to the Council.
Councilwoman McRory moved to receive items #1 through #9. The motion
was seconded by Councilman Stovall and was unanimously carried.
Councilwoman McRory moved approval of the General Fund of Accounts
Payable for November 14, 1989. The motion was seconded by Councilman
Stovall and was unanimously carried.
Councilwoman McRory moved approval of the Reconciliation
Accounts Payable for November 14,1989. The motion was
Councilman Stovall and was unanimously carried.
Sheet of
seconded by
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Councilwoman McRory moved approval of the October 24, 1989 Council
Meeting Minutes as presented. The motion was seconded by Councilman
Stovall and was unanimously carried.
Councilman Davis reminded the Council of the upcoming Turkey Bowel,
which would be held Thursday, November 16, 1989.
Councilman Davis requested some input in regard to the T.V. Translator
System issue. He stated that there was a letter prepared to send
out to the County Commissioners asking them that this be a valid
issue on the next special election. He asked for direction of whether
to send this letter out now, or have the Translator Committee send it
out.
It was the consensus of the Council to send the letter out to the
County Commissioners.
Councilman Davis stated that since Kevin Payne has now resigned, there
was a vacancy on the Vail Valley Marketing Committee. He stated that
there has been three interested parties wanting that position, Ted
Martin, Bruce Kendall, and Tom Britz. After some discussion, Councilman
Garton moved to appoint Tom Britz to the Vail Valley Marketing Committee
to fill the seat of Kevin Payne. The motion was seconded by Councilman
Bennett and was unanimously carried.
Councilman Bennett stated that Bruce Kendall, President of the Avon/
Beaver Creek Resort Association asked him to relay a few things to
the Council, as far as choosing a new Director. They were proceeding
to advertise in the local papers, Steamboat, Aspen, Denver, and the
Wall Street Journal. They were requeEting that the applicants send
a cover letter, resume, and references and to mail this to the
Resort Association.
The Mayor reminded the Council of the Grand Opening of "The Annex"
on Saturday, November 18, 1989 from 12:00 noon to 3:00 p.m.
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There being no further business to come before the Council, Councilman
Bennett moved to adjourn. The motion was seconded by Councilman
Garton. The meeting was adjourned by Mayor Nottingham at 9:10 p.m.
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