TC Minutes 11-23-19930 0
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD NOVEMBER 23, 1993 - 7:30 P.M.
The regular meeting of the Avon 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 Albert J.'Reynolds at
1:32PM. A roll call was taken with Councilors Jack Fawcett, John
Hazard, Tom Hines, Celeste C. Nottingham, Jim Roof, and Judy
Yoder present. Also present were Town Manager Bill James, Town
Attorney John Dunn, Director of Community Development Steve
AMsbaugh, Director of Municipal SErvices Larry Brooks,
Transportation Director Harry Taylor, Fire Chief Charlie Moore,
Police Chief Art Dalton, Town Clerk Patty Neyhart, as well as
members of the press and public.
First item added to the Agenda under Citizen Input was Wildridge
Telephone Service.
Ms. Holly McCutcheon, resident of Wildridge on June Creek Trail
informed of the lack of phone service in her area. When Ms.
McCutcheon moved in mid-October she was informed there were no
more available lines in the area and the waiting time was
estimated to be as late as Mid-November. Ms. McCutcheon ordered
her phone service approximately 7 weeks ago and was told there
should be no problem obtaining phone service. She later found
out there was a problem and that U.S. West expected to have the
problem taken care of by November 15th. 'Today, November,23rd,
there is still no phone service. Ms. McCutcheon stated she, is
now being told they may get phone service by December 15th and
that it could even be as long as February, 1994. Ms. McCutcheon
questioned if developers are responsible for.providing utilities
before lots are sold.
Mayor Reynolds stated the telephone lines are up there; other
people in the area have phone service. The problem is.not with
the developers, it is the phone company's concern.
Councilor Fawcett stated there are not enough numbers and / or
lines available for Wildridge. This is basically due to an
incorrect estimate by the phone company, as to the number of new
homes to be built and the number of new telephone lines required.
Mr. Bill James and Mr. Larry brooks have been in contact with the
phone company. Mr. James stated he has spoken with Mr. Ken
Freeman of the phone company. Mr. Freeman informed they are
short of lines in Wildridge. They were trying to-get another 150
pair installed by November 15th. Part of the problem was that
they were taking equipment out of Beaver Creek to use in
Wildridge. They got behind. Their-new schedule estimates
everything in place by December 15th.
Councilor Nottingham questioned the trenching the Town did a few
months ago to provide service in Wildridge. Mr. James informed
the area requiring the trenching did not have the phone lines in
the ground to the various lots; in Block 4. The Town worked with
the phone company to put in the service lines to each one of the
lots. Mr. James continued; that was a separate problem. The
phone company has to be able to have so many pairs going into the
area, in order to be able to get phone service to all the lots.
The phone company has been short of lines for approximately the
last year.
Mr. Darwin McCutcheon stated he has received different stories.
The last woman he spoke with informed that service may not be
available until February 15th.
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Mr. McCutcheon expressed concerns of safety for his family. Mr.
McCutcheon asked if the Town would talk with the phone company or
write a letter in the hopes of pushing them a litter harder. Mr.
McCutcheon noted he was referred to Mr. Randy Sutton, of the
phone company, which he hasn't been able to reach.
Councilor Fawcett questioned cellular service. Mr. McCutcheon
stated the phone company has stated they can not help with
cellular service. The phone company has made two separate
companies, so they would not be able to offer discounted air time
or free cellular service.
Councilor Fawcett questioned party line service. Mr. McCutcheon
will inquire and added he thought the phone service felt they are
remedying the situation by offering residents two months free
phone service and free hook up.
Councilor Roof questioned what the Town could do to expedite this
service.' Attorney Dunn stated the phone service franchise is
state wide, they are not franchised by the Town. Unlike other
utilities, the Town has no control over the telephone company.
Steve Thompson, a resident in Wildridge since November 5th,
informed he was told it was a privilege to have phone service and
not a right. Mr. Thompson stated he has received different
answers from a lot of different people. Mr. Thompson heard from
one person that there are 40-50 installation requests that have
been put on hold. Another person called a week after Mr.
Thompson and has already received phone service. Mr. Thompson
mentioned a life safety issue without phone service.
Councilor Hazard suggested writing a letter to the phone company,
firm but polite.
Mr. McCutcheon mentioned P.T.I., the down valley phone service
company. P.T.I. expressed interest in purchasing this area. Mr.
McCutcheon questioned if the Town might pave the way for P.T.I.
to come in, should U.S. West not be able to meet the demands of
the area. Attorney Dunn stated the Town does not have that
option and suggested writing the letter.
Councilor Nottingham questioned PUC and their legal obligation to
provide utility service. Attorney Dunn stated the phone company
is regulated under the PUC.and suggested a letter of complaint to
PUC. Mr. Stewart Sellar, resident on June Creek Trail, stated
the PUC can't do anything. Mr. SEllar noted he has heard the
equipment is in, however one key part is missing. Mr. Sellar
stated cellular service is nonexistent; it won't work on June
Creek Trail.
Discussions followed.
Council directed Mr. James to
residents to the worksession
14th, approximately 5/5:15pm
invite U.S. West and Wildridge
scheduled for Tuesday,' December
to get straight answers.
Resolution No. 93-40, A RESOLUTION CHANGING THE NAME OF BUCK
CREEK ROAD TO MOUNTAIN STAR.
Mr. Larry Brooks stated Mountain Star Limited Liability Company
has requested to change the name of Buck Creek Road to Mountain
Star. The reasoning behind the request is that it will be easier
to.identify.the development are by the travelling public. Staff
has no problem with this requested change.
Councilor Hazard motioned to adopt Resolution No. 93-40.
Councilor Fawcett seconded the motion and the motion carried
unanimously.
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Resolution No. 93-41, A RESOLUTION APPROVING THE FINAL PLAT FOR A
RESUBDIVISION FOR LOT 4, BLOCK 5, WILDRIDGE SUBDIVISION, TOWN OF
AVON, EAGLE COUNTY, COLORADO.
Mr. Steve Amsbaugh stated this is a final plat for Lot 4, Block
5,, Wildridge. Organ Development Company is proposing final plat
for three townhome lots. Maps were displayed on the wall. This
is basically half an acre in size, it will be divided, it is on
West Wildwood Road just to the west of the upper units of
Wildwood Townhomes. 'This is nearing completion. Planning and
Zoning Commission reviewed this project and gave approval on July
6, 1993. Staff has reviewed and recommends approval of this
Resolution.
Councilor Roof motioned to adopt Resolution No. 93-41. Councilor-
Fawcett seconded the motion and the motion carried unanimously.
Resolut-ion No. 93742, A RESOLUTION APPROVING THE FINAL
CONDOMINIUM MAP FOR RIDGELINE CONDOMINIUM BUILDING "A" FOR LOT 4,
BLOCK 1, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,
COLORADO.
Mr. Steve Amsbaugh stated this is a modular unit complex. This
Resolution would grant final condominium plat approval for a four
unit building, Building A, in a two building complex, Ridgeline
Condominiums. Building B has already been approved. THis
project is-nearing completion with C.O. to possibly be requested
later this week. Staff has reviewed and recommends approval of
this Resolution.
Councilor Hines motioned to adopt Resolution No. 93-42.
Councilor Yoder seconded the motion and the motion carried
unanimously.
Resolution No. 93-43, A RESOLUTION TO SET. MILL LEVIES FOR THE
1994 BUDGET LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 1993, TO
HELP DEFRAY THE COSTS OF GOVERNMENT FOR,THE TOWN OF AVON,
COLORADO FOR THE.1994 BUDGET,YEAR.
Mr. James stated final notification for assessed valuation has
been -received from the County. The 1993 valuation for assessment
is $38,218,400. The mill levies are the-same as they-were last
year. For the general fund it will be 12.776 mills and for the
debt service fund it will be 12.797 mills.
Councilor Fawcett motioned to approve Resolution No. 93=43.
Councilor Roof seconded the motion and the motion carried
unanimously.
Next Item added to the-Agenda under New Business was an update on
NWCCOG.
Councilor Hines informed there is a NWCCOG meeting in Granby on
December 9th, from 1-4pm.
'Under the Mayor's Report, Mayor Reynolds announced that the
December CAST meeting will be held in Avon at the Christie Lodge.
DAtes are December 9 and 10, 1993.
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Next item added to the Agenda under Other Business was the
Aquatic / Recreation Center Agreement.
Mr. James noted the proposed agreement between Adolfson &
Peterson and the Town of Avon for part 1 agreement for
preliminary design and budgeting for the aquatic / recreation
center. Mr. James requested Council's approval to enter into
this agreement. This contract amount is approximately $188,000.
Right now-there is only a letter of intent. Staff has reviewed
the contract, as well as Attorney Dunn. Mr. James asked approval
be subject to review of the final document by the Town Attorney.
The only change is under 9.5.1 where interest is applied to past
due payments. This 1 1/2% per month interest is to be deleted.
Mr. James noted that under 9.3.1 there is a maximum amount
allowable for reimbursements.
Discussions followed as to time constraints, schematic plan,
weight, aerobics and climbing wall inclusion. Mr. James stated
this agreement does not include the weight, aerobics and climbing
wall and added Council needs to determine whether to include
these or not. Mr. James reminded that the estimate is $500,000
and $100,000 is additional for equipment. Mr. James suggested
Council take formal action and then the agreement may be adjusted
to include, the weight, aerobics and climbing wall.
During discussion time, people were talking away from the
microphone, there were too many conversations at one time, and a
tapping noise made this portion,of the tape difficult to
transcribe.
Councilor Nottingham motioned to approve the weight and aerobics
facility including a climbing wall for our aquatic / recreation
center. The motion was seconded by Councilor Roof and carried
unanimously.
Councilor Yoder and Councilor Hazard cited conflicts of interest
and informed they would abstain from voting on the agreement.
Councilor Fawcett motioned to approve the agreement part 1
entitled preliminary-design and budgeting between the'Town of
Avon and Adolfson and Peterson, Inc. for the Avon aquatics center
facility including a weight and aerobic room subject to final
review by Town Council, by Chris Squadra, and by our Town
Attorney John Dunn. Councilor Roof. seconded the motion and the
motion carried with Councilors Hazard and Yoder abstaining.
The Financial Matters were next presented to Council.
Councilor Yoder motioned to receive items #1 through #3 and
approve items #4 through #5. The motion was seconded by
Councilor Hines and carried unanimously.
Next presented to Council were the Council Meeting Minutes.
Councilor Roof motioned approval of the November 9, 1993 Regular
Council Meeting Minutes as presented. Councilor Fawcett seconded
the motion and the motion carried unanimously.
There being no further business to come before Council, Mayor
Reynolds called for a motion to adjourn. Councilor Hines moved
to adjourn. The motion was seconded by Councilor Yoder. The
meeting was adjourned by Mayor Reynolds at 8:55pm.
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APPROVED:
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RESPECTFULLY SUBMITTED:
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Patty Ney art, T r Clerk
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