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TC Minutes 06-11-1996Or0•4~ MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD JUNE 11, 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 5:33PM. 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 Lambert, Town Attorney John Dunn, Fire Chief Charlie Moore, Police Chief Gary Thomas, Director of Community Services Larry Brooks, Town Engineer Norm Wood, Administrative Assistant Jacquie Halburnt, and Community Development Director Mike Matzko, as well as members of the press and public. Citizen Input: Public Meeting of the Recreation Center, Phase II Mr. Ken Ballard, with Ballard, King & Associates, informed his firm is part of the team that has been assembled to determine the needs and desires for the possible second phase to the Avon Recreation Center. Mr. Ballard introduced Mr. Tad Bonidy, from Zehren & Associates and Mr. Chris Squadra, from ARC. Mr. Ballard requested citizen input to determine the needs and wants regarding the possible addition to the Center and any changes that might be desired to the original portion of the building. Mr. Michael Caccioppo asked if this facility will have the basketball "court in it. Mayor Reynolds responded yes. Mr. Caccioppo asked if this is being built without an increase in taxes. Mayor Reynolds informed it will be bonded. Mr. Caccioppo asked if was going to a vote. Mayor Reynolds stated yes. Mr. Caccioppo asked how many basketball courts will the facility have. Mayor Reynolds stated that is to be determined. Mr. Caccioppo summarized, he wants basketball courts, he wants it to go to a vote, and he wants to know what it's going to cost. A lady in the audience asked why are we doing Phase II of the Recreation Center. Mr. Ballard responded the determination at this point is still up for a debate, depending upon what the desires are from the general public, in terms of what they'd like to see or not see. Anything that is to be done will go to the vote of the people to determine whether that is a priority. Mayor Reynolds encouraged everyone to return the surveys and to participate in the next public session. Mayor Reynolds, Councilor Fawcett, and Councilor Yoder requested the next public hearing, for the recreation center, be at a Mayor's Breakfast or a meeting at 5:00pm in the evening, specifically for discussion regarding the recreation center. Mr. Ballard informed there were a total of 7,000 surveys mailed and only about 150 were received to date. Mr. Chris Squadra, owner's representative of the project, requested direction from Council. The envelope of the entire project's site that is available for a building can be as much as 32,000 square feet. The assumption has been 24,000 square feet, with a, budget of $3.15 million hard construction cost. Mr. Squadra mentioned two alternatives; 1) underground and/or surface parking and 2) add another 7,000 or 8,000 square feet in a second story addition. Mr. Squadra asked Council what options should be explored, keeping in mind, costs will go up substantially, or should we stick to the 24,000 square feet with surface parking. Mr. Squadra stated surface parking is $200,000 and it could be $l. to $1.5 million for underground parking. Mr. Carvelle noted he expanded the ground floor to allow more of a foot print, so there is the capability of approximately-24;000 on the ground and approximately 7,500 square feet available upstairs for potential expansion of cardio vascular and perhaps office space. The underground parking area is in the 52 space range. Mr. Bonidy noted cost for underground parking was estimated to be between $19,500 and $28,000 per space, based on 52 spaces. Discussion followed on expanded square footage, parking alternatives, and costs. Town Manager Bill James thought our plans were to go through a conceptual design process. The Town needs conceptual designs for the recreation center and Swift Gulch. After review of the conceptual design, the Town will get a cost estimate. The cost estimate might not be until mid-July. If Council is interested in pursuing those options, there are some additional expenses to be incurred, up front, with RNL and Zehren, as their fees were based on 24,000 square feet and no underground parking. Councilor Yoder asked if they had enough information to give the Council a recommendation on the size of what the community is asking for. Mr. Bonidy stated not yet. Discussion followed on the surveys and public hearing to follow. Mr. Squadra interjected, Council does not have to decide on the phasing of Swift Gulch this evening . . . we can do that on June 25th. Mr. Squadra thought Council needs to be ready to make the decision on phasing that. Mr. Squadra did not think Council needs to make a decision as to how many square feet to build above ground, but in order to present good concepts on June 25th, Mr. Squadra asked, is it worth pursuing an underground parking structure or not. Should we take a look at it. In the next two weeks, it is not going to cost you a great deal of money to look at that but, if it is an idea that is out of the question, let's not waste any body's time. Discussion followed on underground parking, alternative parking, and cost. Mr. Squadra thought another $5,000 to $10,000 could be spent on design and estimating for concepts that involve another $1. to $1.5 million more construction. Councilor Fawcett motioned to authorize the expenditure not to exceed $10,000 to review the whole issue of underground or roof top or whatever type parking. Councilor Yoder seconded the motion. The motion carried with Council Benson and Councilor Hines opposed. Citizen Input: Insurance Requirement of Organized Sports for the Recreation Department (Mr. Robert Barr) Mr. Robert Barr, captain and manager of the Lancelot Master Soccer Team, expressed concern of the $1 million general liability insurance policy required by the Town's recreation department when reserving the fields for eight games. Mr. Barr noted that insurance would cost him approximately $300 for all eight games. 2 Mr. Barr added the :insurance would raise the cost, per player between $50 and $80. You would then only have 15 players on the team because, no one is going to come out and pay the money to be told you can't play - we have too many people. Mr. Barr expressed concern of the consistency that everybody, who is in organized sports'in the Town is also required to do it, as this was the first time it was requested of Mr. Barr. Councilor Hines asked for clarification regarding the current policy. Director of Recreation Meryl Jacobs informed it is a recommendation of CT_RSA, which is the Town's insurance carrier, that anybody, that domes in to Nottingham Park to use the premise for organized.sports, is required to have insurance. This policy is for all organized sports. Councilor Hines asked if it was possible to have the team sign a waiver instead of the required insurance. Director of Recreation_ Jacobs responded that CIRSA still recommends these people have insurance. CIRSA offered an option, if insurance is not available, have all participants sign a release holding the Town .harmless. The Town would have to be willing to accept the exposure that is still out there, when people are playing that have not signed the waiver and have no insurance. Attorney Dunn agreed with Director of Recreation Jacobs, that is consistent with his conversations with CIRSA. Councilor Hines asked about other groups and their concerns. Director of Recreation Jacobs noted this is not a new requirement. There might have been some confusion with the paperwork and people did not realize that it applied to some team_ practices. The forms have been revised to make it clearer. Now, there is a check mark under insurance and a copy of the policy is required. Most of the policies have been received. Mr. Barr stated there are teams playing on the fields when the Recreation Department is closed. Mr. Barr added his team played several games last year without insurance and those out of County teams were playing here without insurance and this was all after hours of the Recreation Department. Director of Recreation Jacobs stated one organizer requests field usage for the team. That organizer is requested to secure insurance for the Recreation Department. Fields are reserved and permits are issued, so if someone,is playing on the field without a permit, the team with the permit takes over the field.. Mr. Barr thanked Council for listening. Citizen Input: Request for public rest rooms on lower softball fields (Mr. Michael Caccioppo) Mr. Michael Caccioppo asked for a public rest room in the lower baseball fields, below the lake - the soccer field and the baseball field. Mr. Caccioppo stated there are a lot of girls' teams coming in and some are playing double headers. There schedules are very tight and the location of public rest rooms on the other side of the park is not conducive. Ordinances: Second Reading of Ordinance No. 96-8, Series of 1996, AN ORDINANCE REZONING FROM RHDC TO PUD AND APPROVING A PUD DEVELOPMENT PLAN FOR LOT 1, EAGLEWOOD SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO 3 Mayor Reynolds announced this is a public hearing. Director of Community Development Matzko reviewed Ordinance No. 96-8. Councilor Fawcett motioned approval, on second reading, Ordinance No. 96-8, Series of 1996. Councilor Benson seconded the motion. Mayor Reynolds called for a roll call vote. The motion carried unanimously. Ordinances: Second Reading of Ordinance No. 96-9, Series of 1996, AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE NO. 95-7, NOTTINGHAM STATION, PUD AMENDMENT NO. 2, TOWN OF AVON, EAGLE COUNTY, COLORADO Mayor Reynolds announced this is a public hearing. Mr. Arn Menconi, homeowner at Avon Crossing, requested the Canyon Run project continue,as quickly as possible because of the uncertainty it is creating for Avon Crossing and the property values. Mr. Menconi mentioned Burger King was allowed to build within a few 100' of Avon Crossing and thought there were no scrubbers required for the ventilation system of Burger King. Mr. Rich Teeters, pastor of Vail Bible Church, within a stone's throw of the Canyon Run project, thought there should be some compassion and asked the Council to think-about that towards Mr. Shapiro. Ms. Jan Nichols, owner of a unit in Canyon Run, thought Council was challenging her decision to make Avon her home. She took a transfer with her job and move to Avon. She is a sales manager at Falcon Point and Council affected her job with their decision last March. Now, Council is affecting her housing. Ms. Nichols thought this was a very honest mistake and requested Council to expedite their decision. Mayor Reynolds interjected there is a new Resolution No. 96-24 proposed. Mayor Reynolds read Resolution No. 96-24 in its entirety. Mr. Michael Caccioppo questioned did they violate a set back or did they knowingly violate an agreement to build further back of the set back. If they didn't violate a minimum set back and without proof of intentional violation of the mutual agreement, a small fine may be appropriate. Mr. Caccioppo stated the delays over the last few weeks have cost the developer a bundle of money, as well as real estate agents who tried to sell the project, and enough is enough. Mr. Caccioppo suggested maybe a $25,000 fine. Keep in mind, they didn't violate a minimum set back law. They violated an agreement. There is no proof that they knowingly did it. With out that proof, Mr. Caccioppo agreed with Pastor Teeters, a little bit of compassion might be in order. Mr. Caccioppo asked Council to reduce the impact. Mr. Rick Haly, with Emmers Construction, stated he has incurred losses of over $50,000 in this delay. With the fines and movement of building D, there is a good chance Council will put him out of business. No set backs have been violated but there is an interpretation of the envelope that was misconstrued that caused this problem. This could cost Mr. Haly up to $400,000- $500,000 in this process. Mr. Haly stated it doesn't go to Shapiro, it goes to him. It doesn't make since that Mr. Haly gets murdered over this. 4 Mr. Haly continued, it's going to him, it's going to the surveyors, and all the local subs who have worked on this project. No one intentionally did anything wrong. There is a misinterpretation. The surveyor can point the facts out as to how it happened. Mr. Sam Ecker, with. Peak Land Surveying of Vail, stated he has been working on this project. Mr. Ecker reiterated there are no violations at this time of any existing set backs. Mr. Ecker noted in reality, there are numerous entities responsible for this current situation. The real problem is that the current plat, that was supposed to have created the envelopes, did not do so. That document doesn't exist. The letter from Johnson and Kunkel states the location shown for the existing envelopes could not be accurately located from the zoning map because of missing information on the map. So, how do we really know where the error is - how much. error there is - whether buildings need to be moved a certain amount or not? Mr. Ecker added how is anyone going to know where the building envelopes are because there is insufficient information in the first place. Mr. Ecker stated he followed all the procedures he could think of to locate these buildings properly, followed everything as far as recorded documents, recorded easements, set backs, anything there is - there is nothing of record. So, as far as Mr. Ecker is concerned, the buildings were placed accurately. Mr. Ecker thought there were a lot of people in the room who should take some responsibility for this error, other than just directly the developers. There were a series of events that caused this error to occur. Bottom line is the correct platted legal documents, that state where these locations need to be, were not created. The approved plat by the Town of Avon - whoever created, failed to create these locations. It is erroneous to just start accessing fees and fines for something that is very questionable as to whether there is even a problem or not. Mr. John Railton, architect not involved in the project, thought common set back restrictions within Eagle County would be helpful. Mr. Railton thought an improvement survey at a particular point when foundations are installed would be helpful. Mr. Railton thought it was an innocent mistake and perhaps a fine would be appropriate. Town Attorney John Dunn pointed out, with respect to Resolution No. 96-24, paragraph 2, at the bottom of the first page, which in effect presents the developer with an alternative - either to modify buildings B and C so as not to extend beyond the building envelopes shown on the zoning plat or pay an impact fee. That choice was added at the request of the developer. Town Attorney Dunn understood, with the addition of that language, the developer will not oppose the adoption of Resolution No. 96-24. Mr. Shapiro stated he was only given an opportunity to see the draft of this Ordinance very late and had very little time to consult with his attorney. Mr. Shapiro appreciated the speed in which Council acted and was not complaining. Mr. Shapiro had no time to talk with the responsible parties and their insurance carriers. Mr. Shapiro noted they don't even know if the insurance carriers will pay the claim as there has been an insertion made, remains to be seen, that the surveyor is innocent because the Town signed a plat that waived the envelopes. Because of the outstanding issues, Mr. Shapiro does not know where any of the insurance remedies stand. Mr. Shapiro added he has never taken the position that somehow that plat makes it OK for the buildings to be in the wrong place. There are people saying they may go out of business over this mistake, because you feel you have to impose this level of sternness to deal with this, they're nervous because they don't know if the insurance companies are going to pay or say no, sue me. There isn't a known end, like an insurance company that just heals everybody's penalty. 5 Mr. Shapiro continued, the reason that language was added was Mi. Shapiro's attorneys advised he needed to preserve the most basic option so that no one would accuse him of giving up that option. It is economically infeasible to move buildings B and C - it would cost millions of dollars so, this is for technical reasons. Mr. Shapiro reminded he came to the town and asked for relief. Mr. Shapiro stated he is certainly not pleased with the degree of consequences associated with the relief that is proposed. Mr. Shapiro stated he is not happy about it but, he is not in a position where he -can argue with Council. Mr. Shapiro informed he is losing $3,000 daily, not counting the general contractor's daily losses. Mr. Shapiro stated he can't afford to argue but, that doesn't mean he doesn't think it is too high. Mr. Shapiro agreed with some of the people that spoke. Mr. Shapiro stated Shapiro Development didn't make the error - they weren't even involved in the staking process. So, the fine and the penalties and the cost associated with Council wanting to send the right message to the public are really going to come down on people who are not in a position to afford the level that Council is imposing. Mr. Shapiro stated he needs relief and if this is the relief Council is offering, he can't really comment except to say you got to do what you got to do. Councilor Fawcett asked Mr. Shapiro if the Resolution is acceptable to him. Mr. Shapiro stated he is not happy about it and he can't, from a technical stand point accept it or reject it, without getting into confusing legal issues. Mr. Shapiro needs relief and he needs it to be as manageable as possible. Council is in charge of setting the degree to which that is manageable, not Mr. Shapiro. It is not like a settlement offer. It is that you have decided that this is the basis under which you will grant the relief. Mr. Shapiro stated it is being imposed on him. Mr. Shapiro is not objecting to it and noted Council heard public comment that it is too strong. Mr. Shapiro agreed, it is too strong but he is sympathetic with why Council is trying to do something strong. Mr. Shapiro never said this was an inconsequential error. Mr. Shapiro felt there are a lot of misstatements in the newspapers and people don't understand. Councilor Hines reminded of all the work that was involved in the process specifying the amended PUD. Mr. Shapiro stated the Town had previously approved a development plan for this site that buildings existed closer to the river than this error even makes. Mr. Shapiro reminded his proposed development plan improved the old plan. It reduced density, it moved buildings back, it made the design of the buildings sensitive to the grading so that it could actually be done in the spirit of what the Town was agreeing to. Mr. Shapiro noted he intended to meet those obligations - a mistake was made but, even the mistake that was made still represents an improvement before Shapiro Development got involved. Councilor Fawcett stated this is not a fine, it is an impact fee. There is a basis for this impact fee - a formula is in existence. Perhaps this item should be tabled so that Mr. Shapiro receives the opportunity to fully understand why this impact fee is being posed. Mr. Shapiro commented he did not what this tabled. This is a very difficult situation that a lot of people are in. Time is as much of a problem as the resolution. Mr. Shapiro understood it to be an impact fee. Mr. Shapiro understood why Council was imposing it and understood the message Council is trying to send to the community. Mr. Shapiro was not happy he was caught in the dilemma the message has to be sent through him or through the people hired to do this job. Mr. Shapiro pleaded that Council act tonight and bring this to a resolution for the reasons Mr. Shapiro has expressed consistently since the problem was discovered and for the reasons that the public has said tonight. 6 Mayor Reynolds felt Mr. Shapiro was trying to make Council look like ogres. Mayor Reynolds noted he is trying to protect the people of this town and doing it the best he can. Town Attorney Dunn stated Resolution No. 96-24 requires modification of Ordinance No. 96-9. Town Attorney Dunn presented a redraft of Ordinance No. 96-9 indicating the changes. These are independent documents. The Resolution adopts the Ordinance. Rather than adopt the Ordinance by motion, Town Attorney Dunn suggested adopting by Resolution so as to have set forth in writing the additional conditions, the impact fee, and the relocation of Building D. Town Attorney Dunn suggested, after consideration of the changes in Ordinance No. 96-9, that somebody move to amend Ordinance No. 96-9, which was tabled at the last meeting, to reflect changes shown in the hand out. Town Attorney Dunn detailed the changes. Exhibit A is not complete at this point. Exhibit A will have to be approved by Staff to conform with the Ordinance and with the Resolution. Exhibit A is the key in describing the envelopes. Councilor Hines motioned to amend, on second reading, Ordinance No. 96-9, Series of 1996 to read as follows on the second page now therefore be it ordained by the Town Council of the Town of Avon, Colorado that Nottingham Station PUD Amendment number 3 an Amendment to Nottingham Station PUD Amendment,number 2 attached hereto as Exhibit A modifying the building envelopes for Building B and C of Lot 4, Nottingham Station is hereby approved subject to the following conditions; 1.) Building Envelopes B and C be modified as described on Exhibit A, 2.) this PUD amendment approval including Exhibit A is subject to technical corrections by staff in verification of legal descriptions (metes and bounds) of all building envelopes, 3.) substantial changes to landscaping, grading, and drainage be reviewed in accordance with Town design review regulations, 4.) Canyon Run, LLC shall be responsible for insuring this Planned Unit Development as amended complies with all state and federal wetlands and flood plain laws and regulations, 5.) all requirements and restrictions contained in Nottingham Station PUD Amendment number 2. Lot 3, Nottingham Station, Town of Avon, Eagle County, Colorado other than the modifications of the building envelopes for Buildings B and C shall remain unaffected by Nottingham Station PUD Amendment number 3 and shall remain n full force and effect except that PUD note number 8 on the Nottingham Station PUD Amendment number 2 zoning plat, shall be revised to read as follows; the building envelope is defined that such roof overhangs, exterior decks, including on grade patios are to be contained within the envelope, exterior on grade walks and access stairs are not constrained by the building envelopes and on the bottom of page one, item 3 the proposed amendment to the planned unit development as modified herein is consistent with the Town of Avon comprehensive plan. Councilor Fawcett seconded the motion. The motion carried with Councilor Benson opposed. Resolution: Resolution No. 96-24, Series of 1996, A RESOLUTION ADOPTING ON SECOND READING ORDINANCE NO. 96-9 AND ESTABLISHING ADDITIONAL CONDITIONS THERETO Councilor Fawcett motioned to approve Resolution No. 96-24, Series of 1996. Councilor Hines seconded the motion. Mayor Reynolds called for a roll call vote. The motion carried with Councilor Benson opposed. 7 -,A e" Ordinances: Second Reading of Ordinance No. 96-10, Series of 1996, AN ORDINANCE PLACING RESTRICTIONS ON NUDE ENTERTAINMENT AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF Mayor Reynolds announced this is a public hearing. Town Attorney Dunn noted the three changes from first reading. 1.) Section 5 Title has been changed to location special review use, 2.) Section 5A the blank has been filled in with 200, and 3.) Section 5C establishes that nude entertainment shall be operated or maintained only as a special review use. Councilor Hines motioned to approve, on second reading, Ordinance No. 96-10, Series of 1996 with the following amendments paragraph 5 under A insert 2001, B remains the same, and the addition of paragraph C no nude entertainment establishment shall be operated or maintained except as a special review use and after compliance with Chapter 17.48 of the Municipal Code of the Town of Avon. Councilor Benson seconded the motion. Mayor Reynolds called for a roll call vote. The motion carried unanimously. Ordinances: Second Reading of Ordinance No. 96-11, Series of 1996, AN ORDINANCE REZONING, FROM OLD TO IC, TRACT Y, MOUNTAIN STAR FILING NO. 3, TOWN OF AVON, EAGLE COUNTY, COLORADO Mayor Reynolds announced this is a public hearing. Director of Community Development Matzko reviewed Ordinance No. 96-11, Series of 1996. Mr. Peter Jamar, of Peter Jamar & Associates and representing the applicant, gave history of the Mountain Star PUD, Tract Y, and Swift Gulch. Mr. Jamar reviewed the Forest Service land exchange, that included Mountain Star and Tract Y, the environmental assessment, wildlife impacts,.and open space. Mr. Jamar discussed the relationship of Mountain Star and the Town with regards to Swift Gulch and Tract Y. Mr. Jen Wright informed Tract Y is under contract with CME. Councilor Benson motioned to approve, on second reading, Ordinance No. 96-11, Series of 1996. Councilor Yoder seconded the motion. Mayor Reynolds called for a roll call vote. The motion carried unanimously. Resolution: Resolution No. 96-21, Series of 1996, A RESOLUTION APPROVING THE PRELIMINARY PLAT, SECOND AMENDMENT TO THE CONDOMINIUM MAP OF THE SEASONS AT AVON COMMERCIAL CONDOMINIUMS, LOT 63, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO Mayor Reynolds announced this is a public hearing. Director of Community Development Matzko reviewed Resolution No. 96-21, Series of 1996. 8 Councilor Yoder motioned to approve Resolution No. 96-21, Series of 1996. Councilor Fawcett seconded the motion and the motion carried unanimously. New Business: 1996 Road Improvements Bid Town Engineer Norm Wood reviewed the 1996 street repair and improvements schedule. Councilor Yoder requested the expanded parking area south of Benchmark Road for the Avon Library be taken out of the bid. Councilor Yoder thought the additional parking is not needed with the public works department vacating their space at the municipal building and fire "station. Town Engineer wood stated that could be done through a change order. Council concurred, if the additional parking spaces aren't needed, save the money and leave the area as open space. Councilor Hines motioned to authorize the award of contract to B & B Excavating for the 1996 street repair and improvement schedules 1, 2, and 3, based upon the bid of $123,299.85. Councilor Yoder seconded the motion and the motion carried unanimously. New Business: Agreement Between Town of Avon and Colorado.Pacific Construction Ventures, L.L.C. and H & R Contracting Town Manager James informed this is a routine matter the Town goes through to recover expenses associated with an annexation process. With regards to the Chateau St. Claire annexation, the Staff is recommending Council authorize the agreement between the Town and the property owners to recover costs estimated to be $7,500. Councilor Yoder motioned to approve the agreement between the Town and Colorado Pacific Construction. Councilor Benson seconded the motion and the motion carried unanimously. Mayor Report: Mayor Reynolds announced he has received information on a seminar in Grand Junction regarding the InterNet. Other Business: Soft Ball Field Reservations: Councilor Hines mentioned the conflicts that arise over the use of soft ball fields. Town Manager James noted occasionally, the police department has been called to referee who in fact has the right of use. Ms. Gloria McRory suggested a glass, locked box or sign for posting reservation schedules. Councilor Hines suggested bilingual to include English and Spanish. Other Business: 9 Portable Toilet on lower soft ball field: Councilor Carnes asked if the Town can get a portable toilet down on the lower field?.. Director of Recreation Jacobs informed there is usually one down there during the summer and one should be delivered soon. Other Business: Recent Marriage of Town Clerk Town Clerk Patty Lambert informed she was married June 1st and will be changing her name from Neyhart to Lambert. Consent Agenda: Items C and D were removed from the Consent Agenda and dealt with later in the meeting. a.) Financial Matters b.) Travis Creek Fire Contract f.) Resolution NO. 96-19, Series of 1996, A RESOLUTION APPROVING THE FINAL PLAT, CONDOMINIUM MAP OF AVON CROSSING, PHASE III, TOWN OF AVON, EAGLE COUNTY, COLORADO g.) Resolution No. 96-20, Series of 1996, A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 9, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO h.) Resolution No. 96-22, Series of 1996, A RESOLUTION APPROVING THE FINAL PLAT, SECOND AMENDMENT TO THE CONDOMINIUM MAP OF THE SEASONS AT AVON COMMERCIAL CONDOMINIUMS, LOT 63, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO j.) Resolution No. 96-23, Series of 1996, A RESOLUTION APPROVING THE FINAL PLAT FOR THE RESUBDIVISION OF LOTS1 AND 2, NOTTINGHAM STATION, TOWN OF AVON, EAGLE COUNTY, COLORADO Councilor Yoder motioned to approve the Consent Agenda. Councilor Benson seconded the motion and the motion carried unanimously. Consent Agenda: c.) Contracts with Trilogy for Symphonic Performances Councilor Hines motioned to approve the contract with Trilogy for Symphonic Performances. Councilor Yoder seconded the motion. The motion carried with Councilor Carnes opposed.' Consent Agenda: d.) Resolution No. 96-18, Series of 1996, A RESOLUTION AMENDING THE 1996 BUDGET Town Manger James stated Council directed Staff to delete the mural in the Recreation Center. That would change the Recreation Center 1996 amended budget from $937,702 to $932,702. '10 Councilor Hines motioned to of 1996, with the 'following budget the figure should be and that the total general $206,648. Councilor Yoder carried unanimously. Adj ourn : fo approve Resolution No. 96-18, Series change, that under the 1996 amended for the Recreation Center $932,702 fund expenditures be-changed to seconded the motion and the motion There being no further business to come before Council, Mayor Reynolds called fo"r a motion to adjourn. Councilor Benson moved to adjourn. The motion was seconded by Councilor Hines. The ,meeting was adjourned by Mayor Reynolds at 8:43PM. RESPECTFULLY SUBMITTED: Patty Lamb t, CMC Town Clerk 11