TC Minutes 01-23-1996MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD JANUARY 23, 1996 - 5:30 P.M.
A 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
5:34PM. A roll call was taken with Councilors Jim Benson, Jack
Fawcett, Tom Hines, Celeste C. Nottingham, and Judy Yoder
present. Councilor Richard Carnes was absent. Also present were
Town Manager Bill James, Town Clerk Patty Neyhart, Town Attorney
John Dunn, Town Engineer Norm Wood, Police Chief Gary Thomas,
Director of Municipal Services Larry Brooks, Director of
Recreation Meryl Jacobs, and Fire Chief Charlie Moore, as well as
members of the press and public.
Ordinances:
Second Reading of Ordinance No. 95-24, Series of 1995, AN
ORDINANCE REZONING LOTS 45 & 46, BLOCK 2, BENCHMARK AT BEAVER
CREEK SUBDIVISION, TO PUD, FOR MULTI-FAMILY RESIDENTIAL AND
TIMESHARE CONDOMINIUM DEVELOPMENT, TOWN OF AVON, EAGLE COUNTY,
COLORADO
Mayor Reynolds announced this is a public hearing.
Town Manger Bill James understood there is a new proposal from
Falcon Point, in regards to their project. If this is a'
significant change, Staff would recommend that the applicant go
back through the entire process.
Mayor Reynolds asked if Falcon Point representatives were going
to give Council a new product. Mr. Larry Doll stated, yes.
Mayor Reynolds reiterated that the procedure is to go through the
Planning & Zoning (P & Z) first.
Mr. Doll felt they have come back with a new project that meets
the objections as they know them today. Mr. Doll questioned
Council if they had a concern with the project being a timeshare
project. Mr. Doll stated he has significantly reduced the number
of units - down to twenty. So, the total use on the site would
be twenty eight instead of thirty one - that it's currently zoned
for. They have moved back from the park. They have tried to
preserve view corridors. Mr. Doll met with Mr. Bennett today.
Mr. Doll reiterated his question to Council about any concerns
they may have about a timeshare project. Council concurred there
was not a problem with the project being a timeshare project.
Council's consensus was, because this was a new proposal, it be
sent back to P & Z for their review and recommendation.
Councilor Nottingham motioned to deny on second reading,
Ordinance No. 95-24, Series of 1995. Councilor Fawcett seconded
the motion.
The Mayor called for a roll call vote.
The motion carried unanimously.
Councilor Hines understood that Council left the tool in place
for the applicant, without a totally new submittal. Council's
consensus was,no, this will be a new application. Councilor
Hines asked if new fees are due. Town Attorney John Dunn stated
it seems to him it really should start anew, with new fees paid
and notice given.
Mayor Reynolds asked how
be around $600-$700.
Councilor Hines asked if
notification so that the
6th. Town Manager {James
submit an applicatic)n qu
to the Town tomorrow.
Ordinances:
much the fees are. Matzko guessed it to
there is time to allow for proper
project may come before P & Z February
stated, yes - Mr. Doll would need to
ickly. Mr. Doll stated he would get that
First Reading of Ordinance No. 96-1, Series of 1996, AN ORDINANCE
GRANTING RENEWAL OF A FRANCHISE TO CABLEVISION VII, INC., D/B/A
TCI CABLEVISION OF THE ROCKIES, INC., TO CONSTRUCT, OPERATE AND
MAINTAIN A CABLE TELEVISION SYSTEM IN THE TOWN OF AVON, COLORADO;
AND APPROVING A CABLE TELEVISION FRANCHISE AGREEMENT
Town Attorney Dunn stated Heritage Cablevision received franchise
for cablevision in 1983. That franchise was amended in 1988 and
added 2% to the franchise fee to fund local cable. Cablevision
VII, Inc., in 1991 assumed management responsibility. There is a
provision in ordinance 83-33 that requires, before renewal, there
be a public hearing which goes beyond the scope one might expect
on second reading of an ordinance and gets into the issue of
service of the community, at the present time, under the existing
franchise. Attorney Dunn stated he will prepare a notice for
that hearing, which will describe the public hearing, in terms of
the 1983 ordinance.
Mr. Stan MCKihzie stated he has been working on the three items
Council requested of him at Council's last work session. Those
three items were to 1.) clean up the franchise agreement and
insert addresses of the public buildings and schools, 2.) capital
funds for the public access channel - Channel #5, and 3.) up to $
.50 pass through to the customer for education, public access or
whatever Council determines it to be, in a similar type of area.
Mr. McKinzie commented all three items have been taken care of.
Regarding the capital funds, Mr. McKinzie offered a side letter
agreement to say that "upon the Town passing the fifteen year
franchise proposal, T.C.I. will commit to annual contributions to
the public access channel, currently Channel #5. The annual
contribution will be in the amount of $10,000 for capital
purchases and will be paid annually for the fifteen year
franchise term, as long as the Town of Avon continues to support
the channel financially". These three items shall be included in
the franchise agreement for second reading of this Ordinance.
Councilor Yoder motioned to approve, on first reading, ordinance
No. 96-1, Series of 1996. Councilor Benson seconded the motion,
Mayor Reynolds called for a roll call vote.
The motion carried unanimously.
Resolution No. 96-1, Series of 1996, A RESOLUTION AMENDING THE
1996 BUDGET.
Town Manager Bill James informed this Resolution amends the 1996
budget in the following accounts; General fund ~ deleting $6,300
for the Sister City contribution and adding $25,000 for special
counsel in regards to the Railroad; Public Works Fund = adding
$10,000 for Nottingham Station inspections (to be offset by
revenues from Canyon Run, LLC) and adding $6,700 to the Public
Works Facility budget; and adding the Avon Metropolitan
District's Water Enterprise Fund of $1,878,460.
2
A,r•t
Councilor Yoder motioned
1996. Councilor Benson
carried unanimously.
to adopt Resolution No. 96-1, Series of
seconded the motion and the motion
New Business: Authorization to proceed with advertisements for
upcoming vacancies on Planning & Zoning Commission
Council concurred that, due to Bill Sargis's resignation,'the
Town Clerk should advertise and set interviews as soon as
possible, so that Council may fill the position, as soon as
possible. The new appointee will fulfill Bill Sargis's term,
with the term expiring May, 1996.
Councilor Benson motioned to authorize the Town Clerk to
advertise the position of Planning & Zoning Commission and we
would conduct interviews in three weeks from today, our next
Council meeting. Councilor Hines seconded the motion and the
motion carried unanimously.
New Business: Authorization to change time of August 13, 1996
Council Meeting and 1? & Z Meeting of November 5, 1996 to
accommodate elections
Councilor Hines motioned to authorize the Town Clerk to make
appropriate arrangements to change the time of Council's August
13th meeting from 5:30pm to 7:30pm, which is one night we have to
do it.back on the old time and P & Z's November 5, 1996 meeting
from 7:30pm to 8:00pri. Councilor Nottingham seconded the motion.
With Councilors Benson, Fawcett, and Yoder voting nay, the motion
failed.
Councilor Fawcett motioned to inquire of the library board,
whether their facility will be available on these dates.
Councilor Benson seconded the motion. The motion carried with
Councilor Hines opposed.
New Business: Recreation Center / Adolfson & Peterson Request
for Release of Escrow
Councilor Nottingham motioned to authorize the Mayor to sign the
release of certificate of deposits in the amount of $150,000,
thereby reducing retainage from $200,000 to $50,000. Councilor
Benson seconded the motion and the motion carried unanimously.
New Business: Canyon Run LLC / Letter of Credit Reduction I
Nottingham Station Subdivision Improvements
Councilor Yoder motioned to approve reduction in the Letter of
Credit by $386,997, in accordance with the Subdivision
Improvements with Nottingham Station PUD Amendment Number 2.
Councilor Benson seconded the motion and the motion carried
unanimously.
New Business: Swift Gulch Sewer Main Extension
Councilor Benson motioned to authorize the Mayor to sign the
Sewer Line Easement and Sewer Main Conveyance Agreement.
Councilor Fawcett seconded the motion and the motion carried
unanimously.
3
New Business: Recreation Center / Sound System Development &
Assessment
Councilor- Nottingham motioned to authorize the staff to hire
Resort Entertainment to assist in the development and assessment
of bid packages for the sound systems to be used at the Salute
and Summer£est events at the hourly rate of $65, not to exceed
52,275. Councilor Yoder seconded the motion and the motion
carried unanimously.
New Business: Addendum to Fire Services Agreement (Town of Avon
and Avon Metropolitan District)
Councilor Yoder motioned to authorize the Mayor to execute the
Addendum to Fire Services Agreement. Councilor Fawcett seconded
the motion and the motion carried unanimously.
Town Attorney Report:
Tows. Attorney Dunn introduced Attorney R.C. Stephenson., a new
member of the firm Dunn, Abplanalp & Christensen. Attorney Diane
Herman will continue to do municipal court and she recently
became a share holder of the firm.
Other Business:
Director of Recreation Meryl Jacobs detailed the warranty items
at, the Recreation Center that are still being reviewed. Those
concerns are:
- tar substance leaking/dripping from tht roof
- snow load on flat roof
- fire alarm panel
- slight bow to the diving board
- slip factor of floor in certain areas
- sauna - continually needs to be reset
- high humidity
- ceiling moisture problem
- paging system
- concrete heaving at the child care door
- roof leaks
- glycol leak
- large crack in the ceiling of the men's locker room
- pipes freezing
snow guards knocked down
cactus jack needs to be looked at
resin coming through tiles in the steam room
rusting on bottoms of lockers
It was noted the roof has a ten year warranty.
Council's consensus was that Staff ask for replacement options of-
the cactus jack water feature.
Operational comments and suggestions were discussed. Director of
Recreation Jacobs is compiling the list, responding with
immediate changes on those that are possible, and retaining a
list of others for future considerations.
4
Consent Agenda:
a.) Approval of the January 9, 1996 Council Meeting Minutes
b.) Financial Matters
Councilor Hines motioned to approve the Consent Agenda.
Councilor Fawcett seconded the motion and the motion carried
unanimously.
Adj ourn :
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 Benson. The
meeting was adjourned by Mayor Reynolds at 7:18PM.
CTFULLY SUBMITTED:
Patty Neyhar CMIC
Town Clerk
APPROVED: