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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. 0 • 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. -2- • 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. -3- 0 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. -4- 0 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. -5- • 0 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. a was 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 -6- E 0 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. -7- 9 0 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. -8-