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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. • i 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. 2 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. 3 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. 4 APPROVED: 0 a RESPECTFULLY SUBMITTED: 1 Patty Ney art, T r Clerk 5