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TC Minutes 02-27-1996Wr aI , e MINUTES OF TIME REGULAR MEETING OF THE TOWN COUNCIL HELD FEBRUARY 27, 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 5:35PM. A roll call was taken with Councilors Jim Benson, Richard Carnes, Jack Fawcett, Tom Hines, and Judy Yoder present. Councilor Celeste C. Nottingham 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, Fire Chief Charlie Moore, and Director of Community Development Mike Matzko, as well as members of the press and public. Ordinances: Second Reading of Ordinance No. 96-2, Series of 1996, AN ORDINANCE REPEALING AND REENACTING SECTION 2.16.050 OF TITLE 2 OF THE AVON MUNICIPAL CODE (as it relates to Planning & Zoning Commissioners' Salary) Mayor Reynolds announced this is a public hearing. Director of Community Development Mike Matzko stated this Ordinance will increase the pay for Planning & Zoning Commissioners from $50 per meeting to $75 per meeting, not to exceed $150 per month. Councilor Benson motioned to approve on second reading, Ordinance No. 96-2, Series of 1996. Councilor Hines seconded the motion. Councilor Fawcett thought it admirable that Council is increasing the fees for the Planning and Zoning Commissioners and suggested Council look at the fee schedule for Council members and it's Mayor at some time in the near future. The Mayor called for a roll call vote. The motion carried unanimously. Ordinances: First Reading of Ordinance No. 96-3, Series of 1996, AN ORDINANCE REZONING LOTS 45 & 46, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TO PUD, FOR DUPLEX RESIDENTIAL AND TIMESHARE CONDOMINIUM DEVELOPMENT, TOWN OF AVON, EAGLE COUNTY, COLORADO Mayor Reynolds announced that Falcon Point asked that this item be deleted from this evening's agenda. Councilor Hines motioned from this point forward, we direct Staff to change the process into this format . . that any zoning change that should come up within the Town should go through the P & Z process'before coming to the Town Council for first reading. Councilor Yoder seconded the motion. The motion carried with Councilor Benson opposed. Ordinances: First Reading of Ordinance No. 96-4, Series of 1996, AN ORDINANCE CONCERNING GENERAL OBLIGATION REFUNDING BONDS OF THE TOWN OF AVON, COLORADO (THE "TOWN"); AUTHORIZING THE ISSUANCE AND SALE OF THE TOWN'S GENERAL OBLIGATION REFUNDING BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF $4,555,000 FOR THE t>URPOSES OF REFUNDING A PORTION OF THE TOWN '.S EXISTING GENERAL OBLIGATION DEBT; PROVIDING DETAILS, CONCERNING THE BONDS, THEIR FORM, THEIR SALE AND FUNDS RELATING THERETO; PROVIDING FOR THE LEVY OF GENERAL AD VALOREM TAXES TO PAY THE PRIE~'CIPAL OF AND INTEREST ON THE BONDS; RATIFYING ACTION HERETOFORE TAKEN AND RELATING TO SUCH BONDS; PROVIDING OTHER MATTERS RELATING THERETO; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH Town Manager James reminded that during the budget retreat, Council directed Staff to look into the possibility of refunding it's outstanding debt. Mr. David Bell, of Hanifen Imhoff, presented his proposal to Council. Mr. Bell noted the primary insurer will be recommending approval which will get the Town a triple "A" rating - the cheapest insurance premium. Councilor Hines motioned to approve, on first reading, ordinance No. 96-4, Series of 1996. Councilor Yoder seconded the motion. Mr. Stan Bernstein reported that the savings, as of today, are $1,096,000. Mr. Bernstein noted essentially this is locking off two years of debt service and it's not really costing anything. Mayor Reynolds called for a roll call vote. The motion carried unanimously. Unfinished Business: Review Fire Department Computer Fire Chief Charlie Moore stated the Fire Department requested $11,000 in the 1996 budget to upgrade the Department's computer system. Chief Moore solicited proposals and the only one received came in at $38,000. Chief Moore sought more proposals and options. A total of eight vendors have been contacted and only three proposals have been received. Chief Moore requested Council direction and asked if he could exceed the line item. Chief Moore indicated he could go back and do a competitive bid process with the two vendors and come back and get a contractual proposal and have Council approve that. The Town of Avon will pay one third, out of the general fund and the remaining expense will come from the other participating districts. After discussions, Chief Moore summarized that if Council does not have a problem exceeding the line item, he will get a contractual proposal from the cheapest way to go. Mayor Reynolds stated don't go the cheapest way. Go the best way. Councilor Carnes added get rid of the 3861s. Chief Moore noted if he goes with the Windows NT system, the 386's would not have to be upgraded this year. That expense could be deferred until next year. Councilor Benson thought,it worth while now. Councilor Yoder thought Chief Moore should upgrade the 386's now. Mayor Reynolds did not think a motion was necessary. Direction to Chief Moore was to get ,a contractual proposal, including the 386's upgrade. 2 New Business: SB-48, The "Water Grab" Bill Town Manager James stated Senate Bill #48 restricts the capabilities of the County to apply their 1041 process. Council has received a letter from Kathy Cole requesting Council oppose SB-48. The County Commissioners are actively lobbying State representatives against SB-48. Town Manager James added that with Council's direction a letter of opposition will be sent to Senator Wattenberg and Representative Jack Taylor, as well as committee members that have proposed SB-48. Councilor Yoder motioned to authorize Staff to write a letter in opposition to Senate Bill 48. Councilor'Benson seconded the motion. Councilor Yoder urged any one else who wants to send a letter to their representative to please write their letters in opposition to this bill. Mayor Reynolds suggested to send a copy to the Governor's office. The motion carried unanimously. New Business: Recommendation for replacement of Cactus Jack Director of Recreation Meryl Jacobs,informed that Adolphson & Peterson is offering to replace Cactus Jack with a modified Morning Glory at no charge. Councilor Benson motioned to accept the proposal from A & P regarding the replacement of Cactus Jack. Councilor Hines seconded the motion. and the motion carried unanimously. New Business: 1995 CDOT Roadway Certification Director of Public Works Larry Brooks informed the annual roadway certification report is required by the Colorado Department of Transportation in order to receive the Town's highway user tax funds. Councilor Fawcett motioned to authorize the Mayor to execute the report to the Colorado Department of Transportation for roadway certification. Councilor Hines seconded the motion and the motion carried unanimously. New Business: Public Works / Propane Lease for Swift Gulch Director of Public Works Brooks informed the municipal services building in Swift Gulch is heated by propane. This lease agreement is for the tank from National Propane, Inc. in Gypsum, Colorado. The lease agreement is for a five year term on a 1,000 gallon above ground tank, with a thirty day escape clause. There are three amendments that need to be made on the agreement: Article 2 = 0; Article 7 = n/a; Article 19 = delete. Councilor Hines motioned to authorize the Mayor to sign the propane tank lease for the Swift Gulch facility, with the following amendments, that under Article 2 ,fee of zero dollars will be instituted, security deposit of zero dollars, under item 7 that is n/a and item 19 we'll scratch as a whole. Councilor Benson seconded the motion and the motion carried unanimously. 3 New Business: RFP Engineering Services Town Engineer Norm Wood informed an RFP was sent out the end of January for the Town's street improvement projects for 1996. This includes asphalt overlays on various streets in town, the parking area across from the fire station and library, some sidewalks between the library and municipal building, and some down by the school site to the water treatment plant. The streetscape project included an over-all design for full development all the way from Avon Road, back to Benchmark Road and construction plans that go from Avon Road to Sunroad. Seven local engineering firms were notified of the RFP and it was published in the local paper. Four proposals were received. town Engineer Wood detailed the four proposals. Staff rated Intermountain Engineering highest and recommended Council accept their proposal. Intermountain Engineering can do soils testing in house and proposed electrical consulting by Yoder Engineering. The other proposals did not include electrical services. Councilor Yoder expressed a conflict of interest and stepped down from her seat as a voting member of Council. Councilor Benson motioned to approve the proposal for engineering services from Intermountain Engineering Limited, not to exceed $19,345. Councilor Hines seconded the motion. The motion carried with Councilor Yoder abstaining. Councilor Yoder returned as a voting member of Council. Town Attorney Report: Case No. 95-CW272 (Application of Aurora & Colorado Springs) Councilor Fawcett motioned to request a statement of opposition in the Town of Avon be filed in connection with Case No. 95- CW272. Councilor Hines seconded the motion and the motion carried unanimously. Mayor Report: Mayor Reynolds read, "Proclamation for Girl Scouts - March 12th, Be Your Best Day", in it's entirety (see attached Exhibit A). Councilor Hines so moved. it carried unanimously. Mayor Report: Councilor Yoder seconded the move and Mayor Reynolds wished Councilor Celeste C. Nottingham a Happy Birthday. Consent Agenda: 3 a.) Approval of the February , 1996 Council Meeting Minutes b.) Financial Matters Councilor Yoder motioned to approve the Consent Agenda. Councilor Fawcett seconded the motion and the motion carried unanimously. 4 Adj ourn There being no further business to come before Council, Mayor Reynolds called for a motion to adjourn. Councilor Benson moved to adjourn. The motion was seconded by Councilor Yoder. The meeting was adjourned by Mayor Reynolds at 6:20PM. -RE~$PECTFULLY SUBMITTED: Patt,Neyh Town Clerk CMC 5 APPROVED: