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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: