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TC Minutes 08-28-19840 F-1 L MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING AUGUST 28, 1984 - 7:30 P.M. The regular meeting of the Town Council of the Town of Avon 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 Clint Watkins, Sheila Davis, A.J. Wells, Al Connell, Steve Miller, and Don Buick present. Also present were Town Attorneys John Dunn and Art Abplanalp, Town Manager Bill James, Planning Director Jim Lamont, Director of Public Works Norm Wood, Superintendent of Public Works Dan Sunday, Chief of Police Joe Olson, as well as members of the Planning and Zoning Commission, press, and public. The Mayor called for Citizen Input. Mr. Joe Macy, with Vail Associates, Inc., approached the Council. Mr. Macy requested that the Town of Avon participate in the cloud seeding program, for Beaver Creek Mountain, for the 84-85 ski season. The purpose of the program being to augment early season snowfall. He stated that the estimated program cost would be $25,856, which would be split as follows: Vail Associates-512,928; Beaver Creek Resort Company-53,258; Town of Avon-59,799. The program would begin November 1, 1984. The funds would be paid on a monthly basis. Mr. Macy stated that this year they were including a "suspension" rate. He stated that, if they do suspend the program for a month, the suspension rate would be reduced to 60% of the normal monthly service cost. After discussion, the Council agreed to support and participate in the program. There was $4,900 in this year's budget that was not used last year for cloud seeding. The balance would be considered in the 1985 budget. The Mayor thanked Mr. Macy for his presentation. Mr. George Rosenberg approached the Council. Mr. Rosenberg is a candidate for County Commissioner for District #2. He stated that he had been talking to different Boards throughout the County, and had some ideas that might have some value. One was that the Federal Government was mandating more and more programs back to 0 0 the local units of government, but not sending the funds back to carry out those programs. Mr. Rosenberg was proposing an Intergovernmental Leadership Conference. This would include all seven Town Boards, County officials, and possibly someone from the State and the Federal Government. This conference would be held once a year to discuss ways to economize and become more efficient. The second idea would be to form an Eagle County Economic Development Board. The County would actually put money behind this Board and make it official. That Board would also discuss efficiency, economy of scale and cost of efficiencies. Discussion followed. The Mayor thanked Mr. Rosenberg for his presentation. Mr. Terry Halverson, representing the Chamber of Commerce, approached the Council. He stated that the Chamber had put an item into their budget for doing an Information Center. The Center would be located someplace off of the Avon Exit. He stated that the Chamber was looking for matching funds of $15,000 from the Town of Avon. The Chamber has put in $15,000. He stated that they have contacted some of the members of the Chamber and have gotten offers of gifts, doing work at cost, etc. He stated that, working with Norm Wood, a figure of $30,000 was arrived at for the construction of an Information Center. The building would be approximately 26' x 26' in size. He stated that VA had offered the Spring House, a historic house, to use as an Information Center. He stated that the Center would be a benefit to the whole community. Councilwoman Davis was concerned about whether the Town could afford the $15,000 contribution. Mr. Halverson stated that the $15,000 would be in addition to the $35,000 for the Directorship that the Town is contributing to the Chamber. The Mayor felt that the Information Center was essential to the area. The Town Manager stated that the request could be taken into consideration, along with all the other requests. He stated he was not concerned about funding it for this year out of the monies for this year, but his concern was carrying the monies forward until next year. Mr. Halverson stated the Chamber was looking for a donation of land to use so they would not have the land cost. Discussion followed. Mr. Halverson stated that they would come back to the Council, at a later date, with more information. Judy Lofland, Chamber Director, stated the Chamber had just received a copy of the ad that was placed in the Colorado Ski -2- Country magazine. The Central Reservations are now set up. Ms. Lofland stated that one of the methods for distribution was going to be 25,000 card requests for information that would be sent out and returned to the Chamber. That way, the Chamber would be able to put together an excellent mailing list. The Mayor thanked Mr. Halverson and Ms. Lofland for their presentation. There being no further Citizen Input, the Mayor closed the discussion. Second reading of Ordinance No. 84-10, Series of 1984, AN ORDINANCE TO PROVIDE FOR THE ESTABLISHMENT OF A SYSTEM TO GOVERN THE ADMINISTRATION OF TRANSFERS AND DIVISIONS OF DEVELOPMENT RIGHTS IN THE TOWN OF AVON, COLORADO, PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND DIRECTING DEVELOPMENT OF A COMMUNITY MASTER PLAN. This was a public hearing. Mr. Jim Lamont briefly reviewed the history of the preparation of the ordinance. Mr. Lamont reviewed the changes and corrections made at the last meeting. Art Abplanalp stated that Section 11 should be deleted because it was repetitious, and that the standard Severability Clause should be inserted into the ordinance. Councilman Wells stated that he had some corrections, as follows: - Page 2, Paragraph E should be deleted " Paragraph 11-B, after the word "chapter", add "which process shall be approved by the Town Council prior to implementation" - Page 3, 1st Paragraph, after the word "of", add "Residential"; after the word "available", add "shall be divided" " Paragraph D, after the word "applicant's", add "elec- tion pursuant to the administrative procedures estab- lished" - Paragraph F, 1st line, after the word "Total", add "maximum"; after the word "Area", add "of units fractionalized under this chapter shall be"; 3rd line, after the word "of", add "Residential" 7th line, after the word "unit", add "fractionalized under this chapter" -3- Paragraph G, 7th line, after the word "being", add "triplexes" " Paragraph H, 2nd line, after the word "project, add "which includes units fractionalized under this chapter" 7th line, after the word "whole", add "Residential" and capitalize "Development Rights" - Page 4, Paragraph 17.08.205, add "or DR" to the title 2nd line, add "or DR" " Paragraph 17.08.265, 2nd line, after the word "room", add "(disregarding a bathroom and closet)" - Page 5, Paragraph 17.08.345, change title to read "Hotel-Lodge Development Right or Hotel-Lodge DR" Paragraph 17.08.585, change title to read "Residential Development Right or Residential DR" 3rd line, after "Residential", change "Development Right" to "DR" - Paragraph 17.08.355, 4th line, change "cooling" to "cooking" 8th Paragraph, add the Severability Clause, to read: "If any part, section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance, and the Town Council for the Town of Avon hereby declares it would have passed this Ordinance and each part, section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more parts, sections, subsections, sentences, clauses, or phrases be declared invalid." Lengthy discussions were included with these changes. Al Connell moved to set Ordinance #84-10 aside for action at the next regular Council meeting. The motion was seconded by Don Buick. It was stated that the ordinance be proof-read before the next meeting, corrected as suggested, and that the public hearing be continued. The Council recessed at 9:55 p.m. and reconvened at 10:00 p.m. Resolution No. SPECIAL REVIEW CHRISTIE LODGE, SUBDIVISION. This resolution 84-30, Series of 1984, A RESOLUTION GRANTING A USE FOR REDUCTION IN PARKING REQUIREMENTS FOR LOT 25, BLOCK 2, BENCHMARK AT BEAVER CREEK was carried over from the August 14th Council -4- 0 • meeting. Dennis Cole approached the Council. He stated that letters were sent to each of the commercial unit owners, on behalf of the Board of Directors, explaining what they were doing in regard to the parking reduction for Christie Lodge. Councilman Connell had concerns about giving the reduction. He stated he would agree to the seven parking spaces, but not the 29 spaces. Councilman Watkins suggested that the wordage be changed in the resolution, as follows: Page 2, 2nd line, delete "substantially"; 4th line, change "is" to "could be". He felt that some amendments should be made to the parking ordinance. Discussion followed. Clint Watkins moved approval of Resolution No. 84-30, Series of 1984, with changes as follows: Page 2, 2nd line, delete "substan- tially"; 4th line, change "is" to "could be". The motion was seconded by Sheila Davis, and was unanimously carried. Mr. Larry Kumpost, Planning and Zoning Commission member, approached the Council. It was agreed by the Town Council that the Planning and Zoning Commission look into amending the parking ordinance, to possibly amend the section on parking reduction to define what would be included in a large lot reduction and what should be considered in a Special Review Use in order to get the parking reduction. Mr. Kumpost than proceeded with the discussion of Public Access TV. He reviewed the report with the Council. He stated that, after the meeting with the Vail Public Access TV Commission, the two Commissions were in unanimous agreement on all the points covered in the memorandum. Mr. Kumpost discussed the valley-wide use of production facilities and air time, and the function, operation, and funding of Public Access TV. It was suggested to add a 7th item to the summary of recommendations for the Avon Town Council to communicate to the Vail Town Council. The 7th recommendation to read, "Any Public Access TV worth doing has got to be Public Access TV worth watching.". Discussion followed. A.J. Wells moved to authorize the Mayor to sign a letter that covers the six recommendations and the added 7th recommendation. The motion was seconded by Sheila Davis, and was unanimously carried. The Mayor stated that he thought the Council should support the Avon Advisory Board. (See attached memorandum dated 8/24/84 for the Avon Public Access TV Advisory Commission) -5- • Resolution No. 84-34, Series of 1984, A RESOLUTION BY THE AVON TOWN COUNCIL SHOWING APPRECIATION TO THE VAIL INSTITUTE, CHRISTINE MCGINLEY, AND TOM DAVIES FOR THEIR CONTRIBUTIONS THt° THE 1984 BALLOONS, BLUEGRASS, AND BARBEQUE EVENT. Don Buick moved approval of Resolution No. 84-34, Series of 1984. The motion was seconded by Al Connell, and was unanimously carried. Resolution No. 84-35, Series of 1984, A RESOLUTION BY THE AVON TOWN COUNCIL SHOWING APPRECIATION TO MAJOR SPONSORS FOR THEIR CONTRIBUTIONS TO THE 1984 BALLOONS, BLUEGRASS, AND BARBEQUE EVENT. Clint Watkins moved approval of Resolution No. 84-35, Series of 1984. The motion was seconded by Al Connell, and was unanimously carried. Resolution No. 84-36, Series of 1984, A RESOLUTION BY THE AVON TOWN COUNCIL SHOWING APPRECIATION TO BALLOON SPONSORS FOR THEIR CONTRIBUTIONS TO THE 1984 BALLOONS, BLUEGRASS, AND BARBEQUE EVENT. Sheila Davis moved approval of Resolution No. 84-36, Series of 1984. The motion was seconded h~ "teve Miller, and was unanimously carried. Councilman Watkins stated that people spoke very highly of the event and thought it was a great success. Councilman Miller commended the staff on their organizational preparation of the event, and felt it was very well organized. The Town manager reported on Tract P. There was a meeting held Monday, August 27th, with the school district, Benchmark Companies, and the Town of Avon. Mr. James reviewed the map showing the different divisions of the acreage for the proposed joint water treatment plant, recreational facilities, and the school with the Council. Some items that came out of the meeting were" (A) that all three groups have to agree on the Master Plan of the site; (B) the position of all three groups as regards the contracts; (C) that Benchmark Companies made two offers, 1) that if the contract was amended and executed, they want a time certain on when the school would be built; 2) that in five years the school district has to Master Plan what they need for a school and say that they can build. Then, if they don't intend to build on that portion, they have to release the land. If they do intend to build, they then have another ten years to -6- • build, which is a total of fifteen years, plus the ten years original, for a total of twenty-five years. The Town Manager stated that Mr. Schwahn was taking those ideas back to the school district and presenting them at their meeting on September 5th. Councilman Buick felt that the school district should be pinned down to a decision, and that decision should be translated into contractual light so the Town can proceed with its business with the Avon Consolidated Water District. Councilman Connell felt that the Consolidated Water District should also build the recreational facilities. Councilman Watkins stated he had a problem with the whole matter, and with what the Town's rights are. He proposed that the Council spend a little money and get outside counseling to come in, review the documents, and give an opinion as to what the Town's rights may be to Tract P. Mr. Buick stated that, whatever the outside lawyer's opinion may be, the Town would be looking at a court battle. The Town Attorney stated that seeking any additional opinions on the matter would be a waste of time and money. Councilwoman Davis agreed. She stated that the Attorney for the school district concurred; that the two decisions were the same. Councilman Watkins stated he was not willing to just walk away from the Town's rights. He suggested instituting a quiet title action on the property and let Judge Jones decide what is right. Councilman Buick stated he did not think it was worth taking that step. Discussion followed. Councilman Buick stated that the Council would know a lot more about the matter at the September 12th Council meeting. No action was taken. The Town Manager stated that an outline had been drafted regarding work for the Master Plan and what would be accomplished in the next few months. Mr. Lamont reviewed the outline with the Council. (See memorandum dated 8/24/84 from Jim Lamont, Planning Director) The Town Manager stated that he now has job descriptions for 99% of all Town employees. They would be filed in the Town Offices for the Council's review. Mr. James stated that there was an Accounts Payable, for a Mr. Joe Buckley, in the amount of $578.00. Mr. Buckley put together a revenue manual for the Town which defines each one of the revenue sources; giving a description, legal reference, and the current -7- • 0 fees for those revenues. He stated submitted along with the budget. scheduling requests for contributions from various organizations, for the n Rocky Mountain Airways would also Session. that the manual would be Mr. James stated he was and donations from the Town, ext Work Session. be scheduled for the Work The Financial Matters were next presented to the Council. A.J. Wells moved to receive items #1 through V. The motion was seconded by Al Connell, and was unanimously carried. Don Buick moved approval of the General Accounts Payable for August 28, 1984. The motion was seconded by Clint Watkins, and was unanimously carried. Clint Watkins moved approval of Capital Projects Fund and the Transit Fund of Accounts Payable for August 28, 1984. The motion was seconded by Don Buick, and was unanimously carried. Don Buick moved approval of the Reconciliation Sheet of Accounts Payable for August 28, 1984. The motion was seconded by Sheila Davis, and was unanimously carried. It was agreed to consider sharing monies with Avon National Bank when they become competitive. The minutes of the July 24th Council meeting were next presented to the Council. Don Buick moved approval of the July 24th minutes with the following correction: Page 7, let it be known that Clint Watkins voted "nay" for the continuation of the July 24th meeting. With that correction, Al Connell seconded the motion and it was carried, with A.J. Wells abstaining due to his absence from that meeting. Councilman Miller commended the Avon Police Department. He felt that it was one of the best Avon has had for a long time. -8- 0 • Councilman Connell stated, in regard to the Avon Golf Tournament, that he wanted to thank everyone who participated in the tournament for making it a success. There being no further business to come before the Council, Don Buick moved to adjourn. The motion was seconded by Steve Miller. The meeting was adjourned by Mayor Nottingham at 11:40 p.m. Respectfully Submitt icia J. Do e, Town C erk -9- • • MEMO TO: Honorable Mayor and Town Council FROM: Avon Public Access TV Advisory Committee On Thursday, August 9, 1984, this Committee attended a meeting of the Vail Cable TV Access Advisory Board at the Vail Town Offices. The purpose of this meeting was to establish a dialogue between the Advisory Boards of the two communities. After one meeting, our Committee is not in a position to provide the Avon Town Council with detailed recommendations for how a "Public Access" television station should be run. However, we have all agreed on several major points. The following is a summary of our observations and conclusions: VALLEY-WIDE USE OF PRODUCTION FACILITY AND AIR TIME There was general agreement, of members of both Boards, that two separate systems (i.e.: A Vail Station and an Avon Station) was not justified, and that the two communities would derive mutual benefit by combining efforts. This would also apply to other com- munities currently being served by Heritage Cable TV. There was further agreement that a formula could be developed, based on res- idential and commercial cable TV hook-ups, that could establish each community's proportional share of responsibility. This pro- portional share concept raises several,questions, as follows: 1. Does a proportional share of financial responsibility by a community mean that proportional use of the pro- duction facility is guaranteed if requested? 2. Does a proportional share of financial responsibility insure that a proportional use of air time is guaran- teed if requested? 3. Perhaps the most important question is: Does a pro- portional share of financial responsibility mean that each community will have a proportional say in the initial decisions as to the function, operation, and. funding of the facility? It is the opinion of this Committee that the answer to all three questions listed above should be "yes". Proportional participation of the affected communities should insure both proportional use and representation. The third question, above, lists three major areas of concern, as follows: 1. Function 2. Operation 3. Funding All three of these areas of concern are interrelated. However, we have addressed each one separately for your consideration. 1 FUNCTION What is "Public Access TV"? There seem to be two divergent answers to this question. One concept, as proposed by the majority of the Vail Advisory Board, is that the facility should be used by anyone who would- like to, for any purpose (within certain legal and moral con- straints) as long as there is no use of the material outside of the facility and there is no financial gain possible. The second concept would allow payment for the use of the facility, as a source of revenue, and subsequent rr:arketinq of the product for financial gain. This could potentially be a source of additional revenue for the facility by establishing a percent- age of royalties owned by the local Public Access station, for programming produced at the facility. This concept is not intend- ed to imply that a commercial TV station, that has advertisements on the air, be considered. The decision as to which concept should be used requires an answer to the following question: What level of program quality is desired? In the opinion of this Committee, the answer may lie in the com- bination of both concepts. The training of local residents will be an important requirement in developing and maintaining, a Public Access station. The potential for a Producer, to be compensated for time expended on a production, and the possibility of profit (by the ability to market the final product) should have a posi- tive effect on the level of program quality. The potential for the Public Access station to share in revenues could help fund the operation, including the training of local residents. While the potential to generate revenue will not insure self-sufficiency, this should be a goal to strive for. OPERATION In the opinion of this Committee, the use of the Public Access station and the production facility should be controlled by a Regional Board, comprised of representatives of each participa- ting community. Representation should be proportional to the number of cable subscribers in each community. This Regional Board should be separate from local governmental control. While we recognize the government's role, and in particular the Town of Vail's role, in the establishment of Public Access TV, we do not feel that government control of the operation is desirable, especially in the year 1994. We recommend that this Regional Board be formed prior to any conclusive determination of the function or method of funding, since all the communities parti- cipating should have the ability to help shape the basic nature of the facility and its use. 2 FUNDING This is perhaps the most complex issue to be resolved. In our opinion, the method of funding will directly affect the level ~4J of program quality. The current position of the majority of the Vail Cable TV Access Advisory Board is to request $100,000.00 per annum funding from Heritage Cable TV, in addition to the estimated $50,000.00 per annum cost of maintaining the current facility. We feel that this method of funding will ultimately be paid by the cable subscriber, and as such should be consider- ed as a form of taxation. This method of funding may have a negative affect on the level of program quality if it is the only source of revenue. If funding is automatic, there is less incentive to provide qual- ity programming, since there is no requirement to justify the existance of the facility. While this form of funding may be necessary in the initial stages of development, the Public Access TV organization should strive towards self-sufficiency. Public Access TV worth doing should be Public Access TV worth watching. We do not feel that local government has a responsibility to pro- vide free access of TV facilities to a relatively small number of people at the expense of the consumer. If this method of funding is pursued as the permanent and sole source of funds, we feel the cable subscriber should have some say in the matter. Who would want to pay for a facility that does not have an incentive to pro- duce a level of programming worth watching? This Committee would also offer the following information for the Council's consideration: Avon, and the other unincorporated areas served by Heritage Cable TV, currently receive a similar service, at a similar cost, as is provided to the Town of Vail. Heritage Cable TV has indi- cated their intention to unite the systems and their desire to provide an identical service at an identical cost to the consumer. If you accept the idea that the cost of Public Access TV, if fund- ed by the cable company, is passed on to the consumer than you arrive at the. conclusion that we will be paying our share of the cost of Public Access TV, and are already paying our share of the cost of the existing facility. We feel that this observation should be carefully considered by all the communities served by Heritage Cable TV, and also feel that this point supports our rec- ommendation for forming a Regional Board. 3 In summary is a list of our recommendations for the Avon Town Council to communicate to the Vail Town Council. 1. A Regional Advisory Board for Public Access TV for all areas served by Heritage Cable TV. 2. The Regional Advisory Board should be independent and separate from any government operation. 3. The Regional Board should be comprised of repre- sentatives from all areas. 4. Facilities and equipment should be shared by all areas. 5. Funding of Public Access TV should strive toward self-sufficiency. 6. The Regional Board should hold public hearings in the evening, when it will be easy for the public, particularly the cable subscriber, to attend. The location of these meetings should rotate among the participating communities. RESPECTFULLY SUBMITTED: Avon Public Access TV Advisory Committee Larry Kumpost Jerry Davis Al Connell ATTACHMENTS LK/brj 8-24-84 0 9 PROPOSED EXPENSES OF COMMUNITY ACCESS STUDIO 4. " M-. See Assumptions Director Salary & Benefits Expenses Studio Expenses Office Supplies Tapes Additional Capital Eqpmt Small Item Denrec. Misc. Props-General Advertising/Promotion including ads, direct mail, etc. Special Grants ?Miscellaneous $3,650 100 25 350 Soo 100 50 500 1,250 500 $7,325 x 12 = 07,900 0 0 MOTION To: Vail Town Council From: Vail Cable TV Access Advisory Board Re: Recommendations on franchise negotiations and the organi- zation of a non-profit corporation to run cable public access operations. 1. We recommend that the franchise agreement between Town of Vail and Heritage Cablevision include the provision for $8,000. per month to be paid directly to a non-profit organization (NPO). It is necessary to pay this fee directly to the NPO to avoid any legal complications. The per-month sum is a reasonable monetary expectation based on a survey compiled at the recent national Federation of Local Cable Programmers in Denver, Colorado, for a closed system of our size. In the event of any rate increase to subscribers, a provision should be made for.the same percentage increase to be given to Public Access. 2. `'e recommend that the Town of Vail originate the NPO by naming a seven member Board of Directors, five voting and two non- voting, and issuing a $2,500 grant to the NPO Board to incorporate, obtain necessary liability- insurance, and search for a full-time cable access director. The terms of the Board meribers should be for staggered durations with elections by the total to~%n electorate coinciding ~,,ith the bi-yearly city- council elections. This will enable the to\cn council To give the initial direction of the public access without retaining control or legal exposure. The original appointments by the town council for voting members should be for T~,.o 2-year terms and three 4-year terms. The non-voting members are appointed by the town council and the cable franchisee, respectively, and do not have to have specific time durations for service on the Board. These members serve as liaison between the town council and the franchisee. 3. To make cable access a succes in the Tovin of Vail, it will be necessary to plan for the surrounding towns' use and funding of the facility's operation. 1',e recommend that the people initially chosen for the Board of Directors have the philosophy of allowing any area in the Vail Valley to negotiate use of the facility by paying their share of the expenses based on the following formula: (percentage of applicant's total subscriber base to Town of Vail's total subscriber base) n (1006 of Vail Public Access Annual Budget) = Yearly Fee Example: Applicant area has one-fifth the subscriber population of Town of Vail. If Vail's Public Access budget is currently $100,000 per year, then applicant pays $20,000 per year to have use of the facility for their total population. The new budget for Public Access would then be $120,000 per year.