TC Minutes 12-14-1993MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD DECEMBER 14, 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
7:34PM. 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,
Assistant Town Attorney Diane Herman, 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. Town Attorney John Dunn
arrived at 8:30PM.
First item on the Agenda under Citizen Input was skipped due to
Town Attorney Dunn not in attendance.
Next item added to the Agenda under Citizen Input was Mr. Jen
Wright representing Mountain Star.
Mr. Wright, a,developer of Mountain Star, presented a symbolic
check in the amount of $400,000 representing the amount of
transfer fees to be paid to the Town. Mr.. Wright thanked the
Town of Avon for all the help.
Next item added to.the.Agenda under Citizen Input was Ms. Arleen
Montag, representing First American Heritage Title Company.
Ms. Montag stated First American Heritage Title Company is the
only title company located in Avon, gave background on the
company., and solicited the'Town of Avon's business.
Council's consensus was to check with the Town Attorney and
suggested to use Avon businesses whenever possible.
Next item added to the Agenda was Mr. Josh Hall, regarding the
Council Chamber lighting.
Mr. Hall thanked Mr. Larry Brooks and the Public Works Department
for the new lights. Mr. Hall added that the new lights are
flexible and can be adjusted.
Resolution No. 93-44, A RESOLUTION CANCELLING A REGULAR TOWN
COUNCIL MEETING.
Mr. Bill James reminded that every year the last Council Meeting
in December is cancelled due to the Holidays. This Resolution
cancels the'December 28th meeting.
Councilor Nottingham motioned to approve Resolution No. 93-44.
Councilor Hazard seconded the motion and the motion carried
unanimously.
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Resolution No. 93-45, A RESOLUTION AMENDING THE 1993 BUDGET.
Mr. James stated there is a concern with the transportation
budget. Every year, Beaver Creek may require additional service
hours and this year the task force added additional service hours
to the Lakecreek Apartments. The Town of Avon makes up for that
in terms of revenue, practically a no cost item, but our
expenditures will be more under the transportation department.
At this point; we do not have a real good feel for this amount.
Mr. James suggested Council table this until later in the evening
so that he may meet with Mr. Harry Taylor to get correct figures.
Mr. James added that the 1994 budget is OK.
Resolution No. 93-46, A RESOLUTION ADOPTING THE 1994 BUDGET
Mr. James stated the 1994 budget shows total expenditures of all
funds to be $18,558,823. Mr. James detailed expenditures and
revenues.
Councilor Fawcett motioned to adopt Resolution No. 93-46.
Councilor Hines amended the motion to amend the Public Works Fund
expenditures by a total of $48,000 less to a total of $8,978,600
for total expenditures of $18,518,823. Councilor Fawcett
seconded the amendment and the amendment carried unanimously.
Councilor Roof seconded the original motion. The motion carried
unanimously.
SPECIAL NOTE: Please see page 4 of these minutes for an
amendment to the amendment correcting the above figures.
Resolution No. 93-47, A RESOLUTION APPROVING THE FINAL
CONDOMINIUM MAP FOR THE SEASONS AT AVON, COMMERCIAL CONDOMINIUMS
ON LOT 63, A RESUBDIVISION OF LOTS 62, 63, AND 64,. BLOCK 2,
AMENDMENT NO. 4, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF
AVON, EAGLE COUNTY, COLORADO.
Mr. Steve Amsbaugh stated there are two separate Resolutions this
evening for The Seasons at Avon; one for the commercial
condominiums and the other for the residential condominiums,
representing the two separate final plats for this condominium
project. Maps were displayed on the wall. After extensive
reviewing, staff recommends approval of both Resolutions, subject
to the two conditions written into the Resolutions.
Councilor Fawcett suggested changing the word of "owners" to
"users" within the first condition of the Resolutions regarding
parking. Mr; Amsbaugh noted there will be.no reserved spaces and
the management of spaces is left up to The Seasons at Avon.
Councilor.Hines motioned to approve-Rdsolutiori No. 93-47 with
this approval made conditional upon Declarant's providing
supervision and management of on-site parking to assure that
parking spaces. are available at all times for both residential
and commercial users-'Such obligation shall be binding upon
Declarant's-successors' and assigns. And, the completion of
technical corrections as identified by the Town Staff. Councilor
Roof seconded the motion and the motion carried unanimously.
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Resolution No. 93-48, A RESOLUTION APPROVING THE FINAL
CONDOMINIUM MAP FOR THE SEASONS AT AVON, RESIDENTIAL CONDOMINIUMS
ON LOT 63, A RESUBDIVISION OF LOTS 62, 63, AND 64, BLOCK 2,
AMENDMENT NO. 4, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF
AVON, EAGLE COUNTY, COLORADO
Mr.._Amsbaugh informed this Resolution is for the residential
units, essentially 103 one, two and three bedroom condominium
units. Staff has reviewed all the documents and recommends
approval of Resolution No. 93-48 with the two conditions written
into the Resolution.
Councilor Nottingham motioned to approve Resolution No. 93-48 and
this approval is conditioned upon Declarant's providing
supervision and management of on-site parking to assure that
parking spaces are available at all times for both residential
and commercial users. Such obligation shall be binding upon
Declarant's successors and assigns. And, the completion of
technical corrections as identified by the Town Staff. Councilor
Hines seconded the motion and the motion carried unanimously.
Resolution No. 93-49, A RESOLUTION APPROVING THE FINAL PLAT FOR
RAVENRIDGE TOWNHOMES, A RESUBDIVISION OF LOT 102, BLOCK 1,
WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
Mr. Amsbaugh displayed the map of the property on the wall and
discussed. The plat will provide for four townhome units.
Planning and Zoning Commission has review this project. This
project is currently nearing completion. Staff has reviewed and
recommends approval of this townhouse final plat, subject-to the
conditions written into the Resolution.
Councilor Yoder motioned to approve Resolution No. 93-49.
Councilor Hines seconded the motion and the motion carried
unanimously.
Resolution No. 93-50, A RESOLUTION APPROVING THE AMENDED FINAL
PLAT FOR LOTS 1 AND 2, AVON TOWN SQUARE A RESUBDIVISION OF LOT 1,
BLOCK 1, THE LODGE AT AVON SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO
Mr. Amsbaugh informed this is a commercial tract within our town
center zoning, across from the Peregrine Building (The Seasons at
Avon) between the railroad tracks and Benchmark, right on Avon
Road. They are amending the center lot line between Lot 1 and
Lot 2 of this subdivision, moving it twelve feet to the south to
increase the square footage on Lot 1 to 37,000 square feet from
33,000 square feet and reducing Lot 2 down to 77;000 square feet
to better accommodate a commercial development proposed on Lot 1.
Planning and Zoning has approved final design review.
Councilor Hines motioned to adopt Resolution
Councilor Hazard seconded the motion and the
unanimously.
Resolution NO. 93-51, A RESOLUTION APPROVING
AMENDMENT NO. 5 FOR A RESUBDIVISION OF TRACT
AMENDMENT NO. 3, EAGLEBEND SUBDIVISION, FILL
AVON, EAGLE COUNTY, COLORADO
No. 93-50.
motion carried
THE FINAL PLAT
B, BLOCK 1,
vG NO. 2, TOWN OF
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Mr. Amsbaugh stated this Resolution and final plat will amend
Tract B, basically further reduce it in size and create lots 11,
12, and 13 which are single family lots in Eaglebend Subdivision
No. 2. This continues to implement the single family housing
program, right along the railroad track. Staff has reviewed and
recommends approval of this Resolution, subject to conditions
written into the Resolution.
Councilor Nottingham motioned,to approve Resolution No. 93-51.
Councilor Hines seconded the motion and the motion carried
unanimously.
Continued under Unfinished Business was the Citizen Input of
First American Heritage Title from Town Attorney Dunn.
Town Attorney Dunn stated he has worked with Ms. Arleen Montag in
the past and complimented her work. Attorney Dunn noted that
when a title company is needed for the Town, he would keep First
American Heritage Title in mind, since they are an Avon business.
Continued under Unfinished Business was the Liquor Licensing
Authority.
Mayor Reynolds informed that two renewals were approved, subject
to Town Attorney Dunn's approval. Attorney Dunn approved both
renewals and informed Town Clerk Neyhart.
Continued under Unfinished Business was Resolution No. 93-46, A
RESOLUTION ADOPTING THE 1994 BUDGET.
Councilor Hines stated he made a mathematical mistake when making
the amendment to the motion.
Councilor Hines motioned to amend the amendment under public
works fund that figure should be $8,970,600 and under total
expenditures that should be $18,510,823.' Councilor Roof seconded
the motion and the motion carried unanimously.
Unfinished Business included further'discussio_n on Resolution No.
93-451 A RESOLUTION AMENDING THE 1993 BUDGET.
Mr. James requested.,more time to go through the Transportation
budget in more detail.
Councillor Hines motioned to table Resolution No. 93-45 and bring
it back to the table Monday, December 20th at 12pm. Councilor
Roof seconded the motion.
Discussions followed regarding availability of Council.
Councilor Hines changed his motion to Tuesday.
Discussions followed regarding availability of Council.
Councilor Hines withdrew the motion.
Council's consensus was to continue this meeting to Monday,
December•20, 1993 at 5:00pm.
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Next Item on the Agenda under New Business was the Intermountain
Engineering Contract for Benchmark Road Relocation.
Mr. James stated the.relocation of Benchmark Road is tied
directly to the construction of the Avon Aquatics Center. One
key date is February 14th, when the final bid package for the
road and utility relocates is sent out for bids. The design
services need to be put in place to have the bid package ready.
Councilor Nottingham motioned to authorize the Mayor to execute
the agreement between the Town of Avon and Intermountain
Engineering for design services for Benchmark Road. The motion
was seconded by Councilor Roof and carried unanimously.
Next Item on the Agenda under New Business was the Intermountain
Engineering Contract for Design of Tennis Court Relocation and
Parking.
Mr. James stated with the construction of the Aquatic Center it
will be necessary to relocate the tennis courts down in front of
the water treatment plant on Tract P. Four new tennis courts
will be constructed with,the possibility of expanding to six. In
addition to the tennis courts, this contract also provides design
for 88 parking spaces. The bid package will be ready to go out
February 14th and hopefully Council may award the bid contract on
March 8th. Mr. Larry Brooks will be the project coordinator.
The target date for the opening of the newly constructed tennis
courts is,the first of July.
Councilor Yoder motioned to authorize the Mayor to execute the
agreement between the Town of Avon and Intermountain Engineering
for design services for relocation of the tennis courts and
,related parking. Councilor Hazard seconded the motion and the
,motion carried unanimously.
Next item Added to the Agenda under New Business was the
Agreement between the Town of Avon and Intermountain Engineering
.for Relocation of Utilities for the Library Contract.
Mr. James stated in keeping with the schedule, this bid package
will be put out to bid on February 14th so that we may start on
this project as soon as possible after April 1st. Intermountain
Engineering has proposed design services for relocation of
utilities in the amount of $4,840. Since we are not relocating
the sanitary sewer design, we can deduct $1,000 from the contract
making it $3,840. The Town will take care of the relocation of
the utilities and this amount will be deducted from the.$50,000
of the library's.
Councilor Fawcett motioned to authorize the Mayor to execute-an
agreement between In Engineering and the Town of Avon
'for utility relocation for the Avon Library-site, Tract G,
Benchmark at Beaver Creek and however we delete the sanitary
sewer design for $1,000 making the total,estimated cost
'$3,840.00. Councilor Roof seconded the motion and the motion
:carried unanimously.
Next Item on the Agenda under New Business was the Lease
Agreement with the Library.
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Mr. James stated the agreement is to lease the building envelope
for construction of the library for ninety nine years. There are
a few changes;-article 1, paragraph-2, a minimum of 20 parking -
spaces has been deleted and under paragraph 5, 'language has-been
added, "All costs if-any-of relocating the sewer main line in
addition to its other obligation for utility relocation".
Attorney Dunn added that article 4, paragraph 1 indemnification,
the last sentence in that paragraph should be deleted.
Councilor Nottingham motioned to authorize the Mayor to execute
the agreement between the Town of Avon and the Eagle Valley
Library District subject to final review by Town Attorney and the
Town's Insurance Company and with the deletion of article 4,
section 1, the last sentence, "However, such indemnification
shall not extend to claims based on acts or omissions by the
Town, its agents or employees". Councilor Hazard seconded the
motion and the motion carried unanimously.
Next on the Agenda was Other Business.
Council gave updates on Committees.
Councilor Nottingham gave an update on Channel #5 and made a plea
for donations to help the family that the Town of Avon employees
have adopted through the Adopt-A-Family program.
Councilor Fawcett gave an update on the Eagle Valley Recreation
Authority / Berrycreek 5th filing. The Authority has basically
;approved 13 acres for the School District.
The Financial Matters were next presented to Council.
Councilor Hines motioned to receive items #1 through #11 and
approve items #12 through #13. The motion was seconded by
Councilor Nottingham and carried unanimously.
Next presented to Council were the Council Meeting Minutes.
Councilor Nottingham motioned approval of the November 23, 1993
Regular Council Meeting Minutes as presented. Councilor Roof
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 Fawcett. The
meeting was adjourned by Mayor Reynolds at 9:50PM '
RESPECTFULLY SUBMITTED:
yk\k
Patty Neyh rt, own Clerk
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