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TC Minutes 02-13-1996MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD FEBRUARY 13, 1996 - 5:30 P.M., regular meeting of the Avon Town Council of the Town of Avon, olorado was held in the Municipal Building, 400 Benchmark Road, von, Colorado, in the Council Chambers. he meeting was called to order by Mayor Albert J. Reynolds at :37PM. A roll call was taken with Councilors Jim Benson, ichard Carnes, Jack Fawcett, Tom Hines, Celeste C. Nottingham, nd Judy Yoder present. Also present were Town Manager Bill ames, Town Clerk Patty Neyhart., Town Attorney John Dunn, Town ngineer Norm Wood, Polite Chief Gary Thomas, Director of unicipal Services Larry Brooks, Director of Recreation Meryl acobs, Fire Chief Charlie Moore, and Director of Community evelopment Mike Matzko, as well as members of the press and ublic. 'itizen Input: Design of Recreation Center (Brian Kolzow) ,rian Kolzow has been a resident in the Town of Avon since 1988 .nd is an employee for Vail Associates in Sales and Marketing. [r. Kolzow expressed disappointment with the exterior of the'Avon :ecreation Center. Mr. Kolzow was surprised that Avon would Lllowed the cinder block building. Mr. Kolzow thought it could .ook attractive and exampled the Avon Post Office. Mr. Kolzow asked if there is a way to change the exterior of the building tnd suggested options of painting and / or stucco. :ouncilor Nottingham echoed Mr. Kolzow's concern, but noted the !xpense of cosmetic purposes. ouncilor- Fawcett thought it looks pretty bad"and noted he is Looking forward to every day - recommendations from our staff as :o what could-be done . . and so we can have options to go Eorward with something. ouncilor Yoder toted-as we get into the second phase, it would De really nice to get.citizen input, such as Mr. Kolzow's. ouncilor Carnes thought it safe to say it will stay the way it is for a while. But, Council is very conscience that we do want to change it. ouncilor Benson stated with phase II he would be very interested in seeing stucco wrapped around it to tie the whole building together. Mayor Reynolds noted all the public hearings and models on display for the public prior to building. Mayor Reynolds asked for more citizen input when Council goes into phase II. Mayor Reynolds noted, he personally is not a stucco fan. Councilor Nottingham added that Council discussed maintenance- free exterior applications and large trees be included in landscaping. Mr. Kolzow closed by stating he just returned home from Mexico, and the Recreation Center is nicer than anything he saw down there.' A gentleman from the audience requested a basketball gym be el .ncluded in phase II of the recreation center. rdinances: econd Reading of Ordinance No. 96-1, Series of 1996, AN RDINANCE GRANTING RENEWAL OF A FRANCHISE TO CABLEVISION VII, NC., D/B/A TCI CABLEVISION OF THE ROCKIES, INC., TO CONSTRUCT, PERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE TOWN OF ,VON, COLORADO; AND APPROVING A CABLE TELEVISION FRANCHISE .GREEMENT 'own Attorney John Dunn reminded that TCI Cablevision of the ,ockies has asked the town to renew TCI's franchise, which was ,riginally granted by ordinance 83-33, adopted in 1983. That ordinance requires Council to conduct a renewal inquiry iroceeding to consider the performance of TCI during the period if it's franchise. And, based upon the information, Council ,hall determine whether: or not the franchise should be renewed. fotice of the renewal inquiry proceeding has been posted. .ttorney Dunn suggested the Mayor solicit public comment. [ayor Reynolds asked if any one present would like to comment on he franchise. Hearing none, the Mayor asked Council for any !omments. 'ouncilor Nottingham commented on page 28, under 6.3 "public bops". There is a necessity to add Avon Elementary School and .heir address to those public buildings. Ir. Stan McKenzie has added Avon Elementary School on his :omputer and suggested Council pencil that in for this evening's ieeting. 'ouncilor Yoder motioned to adopt, on second reading, ordinance lo. 96-1, Series of 1936, including the amendment (under 6.3 public drops" add Avon Elementary School and address). 'ouncilor Nottingham seconded the motion. layor Reynolds called for a roll call vote. ^he motion carried unanimously. ordinances: First Reading of Ordinance No. 96-2, Series of 1996, AN ORDINANCE ZEPEALING AND REENACTING SECTION 2.16.050 OF TITLE 2 OF THE AVON 4UNICIPAL CODE (as it relates to Planning & Zoning Commissioners' Salary) Director of Community Development Mike Matzko stated this irdinance will increase the pay for Planning & Zoning :ommissioners from $50 per meeting to $75 per meeting, not to ?xceed $150 per month. ouncilor Nottingham motioned to approve on first reading, Drdinance No. 96-2, Series of 1996. Councilor Yoder seconded the notion. the Mayor called for a roll call vote. the motion carried unanimously. infinished Business: Item 5e taken from the Work Session schedule = Recreation Center Fees 2 Director of Recreation Meryl Jacobs informed that numerous comments have been received regarding the current fee structure for the fitness programs at the Avon Recreation Center. Director Jacobs outlined what is currently charged and explored options to- consider if Council feels a change in the existing structure is warranted. Director Jacobs noted it comes down to revenue recovery. If revenue recovery is important and there is a need to change the fee structure, there are two options. One option ,is to increase fees minimally across the board and include the fitness clas:;es in the general admittance. Silverthorne chose to include fitness classes in the base rate. The second option is to create a fitn-.:ss rider that is attached on to the passes that people purchase. No changes are recommended until January, 1997. Discussions followed on the two options; cost, control, the time frame to initiate a change, and implementing the fee structure change. Director Jacobs noted that typically, in a public facility, attendees pay additional for classes. However, many are accustomed to private clubs where all is included. Council's consensus was for Director Jacobs to get figures together. Those figures should include both options, as discussed, with membership and drop-ins taken into consideration. Council would like to review the figures in two weeks, with a revenue recovery option. Item 5e taken from the Work Session schedule = Recreation Center Comp Pass Policy Director Jacobs recommended complimentary recreation center passes, be offered for advertising and promotions, at the discretion of the Director of Recreation. Director Jacobs would like to offer guest passes to the area concierges to promote the facility. Council's consensus was for the Director of Recreation to offer complimentary passes, at her discretion, for promotions and advertising., Unfinished Business: Item 5f taken from the Work Session schedule = Special Events Schedule Council's consensus, regarding the calendar of events 1996, was approval and to proceed with it. (See attached Exhibit A). Unfinished Business: Item 5g taken from the Work Session schedule = Refunding Outstanding Debt Town Manager James stated a memorandum was included in Council's packet and intended as FYI. Unfinished- Business : Item 5h taken from the Work Session schedule = County Office Space 3 Councilors Fawcett and Yoder stated the office space has already been discussed, in the executive session, during the work session. New Business: Eagle: Valley Recreation Authority (BerryCreek 5th) / Amendment to the Intergovernmental Agreement Town Manager James informed this is a house cleaning item . . . to reflect the actual purchase price of $1,022,000. Councilor Hines motioned to approve the amendment to the intergovernmental agreement. Councilor Benson seconded the motion and the motion carried unanimously. New Business: Retail Review & Strategy Agreement with Szymanski / Ray Discussion focused on amount of hours and rate of $150 per hour. Town Manager James reminded that $7,500 was approved and the proposed agreement is for $11,300. Town Manager James noted the addition of Item No. 6 was included following Council's direction. Councilor Hines stated when Item No. 6 was requested, no additional fee was mentioned. Mayor Reynolds recalled. Szymanski & Ray included the questionnaires and interviews in the 7,500. Council concurred that Szymanski & Ray should come to a work session and defend their hours in the proposed agreement. Town Manager James stated that Steve Szymanski started the retail business survey. Councilors Benson and Carnes received a business survey. Town Manager James asked if Council wanted the work to stop. Councilor Yoder stated she did not want them to stop working on it. Councilor Carnes suggested they continue and to get the hours and hourly rate questions answered. If Council doesn't like the answers, then they will stop. Councilor Hines agreed. Mayor Reynolds stated he had no problem with them continuing to work. He didn't want them to continue charging what he felt was high rates. Councilor Hines motioned to authorize the Mayor to sign the retail review and strategy agreement with Szymanski and Ray so that we may continue work and contingent upon their adequate response to some of the issues that Council will raise. Councilor Carnes seconded the motion. Councilor Nottingham stated she couldn't support this because it's authorizing these particulars that have been put in front of Council. Councilor Nottingham stated she did not have enough detail on some of them, as far as the necessity of some, and that she was uncomfortable approving the agreement. With Councilors Benson, Fawcett, and Nottingham opposed, the motion tied. The motion carried with Mayor Reynolds voting 'in favor. Councilor Nottingham stated if I was asked to justify hours like that, I would find a way to justify them. If I was asked to lower - reduce a few hours - and lower the fee, I guess I'd be fine with that. So, you have given them direction to work this many hours for that many bucks. End of story. Mayor Reynolds stated no, that was not. I believe, didn't we put in, "with our concerns". Councilor Hines stated, contingent upon Council's . . . Councilor Benson interjected, validation. Councilor Fawcett stated we could dispute'the bill anyway. 4 i:.14 New Business: Commercial Credit Card Agreement Councilor Nottingham motioned to authorize Mayor Reynolds to execute the agreement for First Bank of Avon in regards to the Town's credit cards. Councilor Fawcett seconded the motion and the motion carried unanimously. New Business: Affiliation with University of Colorado Art Galleries / "CU This Summer" Councilor. Yoder motioned to recommend that Meryl coordinate with Doug Fey at the CU Art Galleries for this art program.. Councilor Hines seconded the motion and the motion carried unanimously. New Business: Transportation Services Agreement / Beaver Creek Resort Councilor Hines motioned to authorize the Mayor to sign the agreement with Beaver Creek Resort Company for the provision of transportation services. Councilor Benson seconded the motion and the motion carried unanimously. New Business: B & B Proposal for Berm at Swift Gulch Concerns discussed were aesthetics, dust control, time frame, re- alignment and access of road, landscaping and irrigation, and the removal of the berm estimated at $40,000 to $80,000. Councilor Benson motioned that the Town works in cooperation with the EMD to look at a screening process of a berm, of some nature, that would be a permanent structure allowing access to the EMD land in the future, with a goal of sometime in mid-August as a completion. The motion died due to lack of a second. Councilor Nottingham motioned that we do NOT authorize the Mayor to execute the agreement with B & B Excavating for construction of a berm at Swift Gulch. Councilor Yoder seconded the motion and the motion carried with Councilor Benson opposed. New Business: Fire Contracts 1.) Smith Creek / Bachelor Gulch Metro 2.) Ute Forest at Squaw Creek Subdivision Councilor Yoder motioned to authorize the Mayor to sign these agreements,subject to the agreements being signed by the President of the Districts. Councilor Benson seconded the motion and the motion carried unanimously. Town Attorney Report: Eagle Park Reservoir Councilor Fawcett motioned to authorize Greer to file a statement of opposition Councilor Nottingham seconded the motion unanimously. our water counsel, Gary to petition No. 95-CW348. and the motion carried 5 Other Business: Councilor Nottingham asked to re-evaluate, at a later date, the 5:30pm Council meeting time. Consent Agenda: a.) Approval of the! January 23, 1996 Council Meeting Minutes b.) Resolution No. 96-2, Series of 1996, A RESOLUTION APPROVING THE FINAL PLAT FOR DEER RIDGE SUBDIVISION, A RESUBDIVISION OF LOT 1, (A RESUBDIVISION OF LOT 89, BLOCK 1, WILDRIDGE SUBDIVISION), TOWN OF AVON, EAGLE COUNTY, COLORADO c.) Financial Matters Councilor Yoder motioned to approve the Consent Agenda. Councilor Benson seconded the motion. Councilor Fawcett said, "I would like to make a comment and I can't do it at any other time so I have to do it now. This relates to in part to the minutes of the meeting page four of our minutes there is a statement that Councilor Nottingham at the top of the page motioned to authorize the Staff to hire Resort Entertainment to assist in the development and assessment of bid packages for the sound system to be used at the Salute and Summer Fest events at the hourly rate of $65 not to exceed $2275. That was passed. We had some discussion on it and that is not' shown. My discussion was Meryl was at the podium and I specifically requested that Meryl talk to Richard Carnes in that he is in part in the music business and.determine whether we needed to spend this much money with Resort Entertainment just to evaluate a sound system. In other words should we spend $2300 for a $6000 rental and I think I asked Meryl that two or three times while she was at the podium. I find now in talking to Richard that that request to discuss it with him was never undertaken and I guess what concerns me most is I sometimes get the feeling that as a member of the Town Council of Avon my comments to Staff go un-heeded and are not listened to and it concerns me because this request was made at one of our open forums. I am also concerned that there is no mention of it in the minutes and although I signed the minutes as written and will agree with them I would request that Patty include my comments tonight in the next set'of minutes. Thank you your honor that's it." The motion carried unanimously. Adjourn: 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 Fawcett. The meeting was adjourned by Mayor Reynolds at 8:12PM. RESPECTFULLY SUBMITTED: Patty eyha , CM t Town Clerk 6 APPROVED : Gw,= E X H I B I T A i CALENDAR OF EVENTS -1996 APRIL 6 EASTER EGG HUNT, IIAM -12:30PM, NOTTINGHAM PARK, AVON. Children 9 and under search for thousands of eggs and prizes. Attendance 2500. JUNE 22 INTERNATIONAL FOOD, MUSIC AND BALLOON FESTIVAL. NOTTINGHAM PARK; AVON. **Proposed**. JULY 4 SALUTE TO THE USA, SPM -10:15PM, NOTTINGHAM PARK, AVON. Largest fireworks display in Colorado and free concert. Attendance 7,500.-15,000. JULY 27 AVON TRIATHLON, Mid-length (800m swim, 18 mile bike, 5 mile run) in and around Avon. JULY 27.28 THUNDERBIRD ARTS FESTIVAL, SEASONS MALL, AVON. Juried southwestern arts festival. Attendance 500 -1000. AUGUST 3.4 TRIPLE CROWN VOLLEYBALL, NOTTINGHAM PARK, AVON. -Amateur grass roots volleyball tournament. Attendance 100-250. AUGUST 10 or 11 EMPLOYEE DAY AT A LOCAL RANCH FOR ALL TOA EMPLOYEES. AUGUST 24 SUMMERFEST, NOTTINGHAM PARK, AVON. A day of fun activities with a headlining "big name" band. Attendance 1000.5000. LABOR DAY FALL FOOTRACE -ASK RUNAROUND NOTTINGHAM LAKE. OCTOBER 26 THE HAUNTING, 6PM - 8PM, CITY MARKET, AVON. A scary fun tour of a haunted house. Attendance 1000 -1200.