TC Minutes 01-11-1994MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD JANUARY 11, 1994 - 7:30 P.M.
The regular meeting of the Avon Town Council of the Town of Avon,
Colorado was held it the Municipal Building, 400 Benchmark Road,
Avon, Colorado, in.the Council Chambers.
The meeting was called to order by Mayor Albert J. Reynolds at
7:32PM. A roll call was taken with Councilors Jack Fawcett, Tom
Hines, Celeste C. Nottingham, Jim Roof, and Judy Yoder present.
Councilor John Hazard was absent. Also present were Town Manager
Bill James, Town Attorney John Dunn, Director of Community
Development Steve Amsbaugh, Town Engineer Norm Wood, 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 on the Agenda under Citizen Input was a Public Hearing
on the FTA Transportation Grant / Section 3 / Purchase of Six
Buses.
Transportation Director Harry Taylor informed the purpose of this
public hearing is in regard to the FTA Section 3 Grant
Application for the purchase of six additional transit coaches to
operate in the regional bus system. The public hearing is an FTA
requirement, for any project being solicited for federal funds,
seeking public input. The proposed project is based on sharing
the buses between different communities; we will use the buses
during our peak winter season and the other communities will use
them during their.'peak summer season. Those other communities,
that have expressed an'interest, are Central City and Estes Park.
The result is year-round use of the vehicles and maximization of
federal funds.
Mr. Taylor informed that we received a 1993 grant for six buses,
based on the formula that we have sixteen vehicles in the
regional system. Given the demand in the winter and the demand
for services in the summer, Avon/Beaver Creek Transit (ABCT)
qualifies for six vehicles, for year-round service. The
remaining ten do not qualified under FTA guidelines. That puts
the burden of replacement on ABCT. Sometime in 1993, there was
direction taken to look for unique and innovative ways to find a
method of replacing those ten vehicles. That is where the idea
was born of sharing, with other communities, during their peak
time. Given that scenario, hopefully FTA will give merit to the
project.
Councilor Nottingham thought FTA had already given us merit for
this project. Mr. Taylor stated we have received positive feed
back on the proposed project as it stands today, but"no funding
mechanism has been approved by FTA. We are in a waiting period
to see whether the project will be funded for 1994. Mr. Bill
James reminded that we received a grant'in 1992 to purchase six
buses. Those six buses have been ordered. All the funding is in
place for those six buses. Given the conditions of the buses and
with the encouragement of the participants in ABCT, we are going
after another grant for six more buses. The lobbyists in
Washington DC are trying to get this additional grant. What has
happened through the process is that the line item appropriations
are no longer happening with discretionary money, so the
lobbyists were unable to get it through the committee. The
lobbyists suggested to go through the application process, which
we have sent directly to the Director of FTA. The scenario is
80/20. The grant application, that we have made, requires us to
go through this public hearing process.
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Councilor Hines questioned sharing cost of grant money,
maintenance of vehicles, time frame of sharing vehicles. Mr.
Taylor answered that the details or mechanics of the system
haven't been work out with the other communities. Central City
and Estes Park have committed in theory, but not in contractual
form. Mr. Taylor added there are items to be worked out, but
felt it is worth the effort to try to secure the money since it
is an 80/20 FTA grant. Mr. James added, as far as we know, this
is the first time this has been tried; trying to share equipment
and there are items to be worked out.
Councilor Hines questioned how this would affect the charter
business in the summer. Mr. Taylor stated it will impact the
charter business, but no figures or just how it will affect it
are known.
Councilor Roof questioned if Central City or Estes Park does not
wish to participate, how would that affect this grant. Mr.
Taylor stated other communities would be solicited; we do need
participation for the year-round project.
Councilor Fawcett questioned next step. Mr. Taylor stated the
next step is when FTA indicates whether we are successful in the
grant or not. FTA, at that time, could then outline what needs
to happen in order for this to become a valid funding project.
Mr. James confirm FTA's procedure.
With no further comments or public input, Mayor Reynolds closed
the public hearing.
Next item added to the Agenda under Citizen Input was Mr. Rich
Howard, member of the Eagle County Open Space Committee.
Mr. Howard informed that Eagle County Open Space Committee is a
newly formed committee consisting of 13 members through out Eagle
County. Two members will be appointed from each of the three
districts and one member from each of the communities within the
districts. Mr. Howard was selected by the Eagle County
Commissioners to represent Avon. The first organizational
meeting was held this morning. The,goals expressed among the
committee members thus far are some of the following; balance
open space with development, recommend a funding mechanism for
acquisition of open space, coordinate county wide plans that each
of the municipalities may have and also the county may have in
regards to open space, ensure access to public lands, and address
county wide major land developments. Mr. Howard responded to
various questions from Council. Council suggested Mr. Howard
secure the Town of Avon's Comprehensive Master Plan and
Recreation Master Plan from the Town Clerk. Mr. Howard stated he
would continue to keep the Council updated as to what is going on
in the committee.
First Reading of Ordinance No. 94-1, Series of 1994, AN ORDINANCE
AMENDING TITLE 16 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT
RELATES TO ANNEXATIONS AND REQUIRING DEDICATION OF LAND FOR
SCHOOL PURPOSES.
Mr. James stated that recently Eagle County updated their school
land dedication requirements. The Town held off updating local
ordinances to coincide with the County's update. This Ordinance
follows the County's guidelines. It also establishes a value in
lieu of land of $50,000 per acre for raw land in Avon for any new
areas that may be annexed. Mr. James noted that the Town, the
School District, and Eagle County have worked closely together on
this and are hopefully standardizing this process through out the
County.
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Ms. Diane Paradis, director of finance for the school district,
thanked the Council for considering this proposal. Ms. Paradis
informed that, with Amendment 1 in place, the funding that this
would provide is critical for the school district. Ms. Paradis
noted that in the last eighteen years the school district has
collected a little over $200,000.
Councilor Yoder questioned method of payment. Ms. Paradis stated
payments are made to Eagle County and are drawn from Eagle County
when the school district has a need. Mr. James stated the
ordinance states payment will be made to the school district.
Mr. James noted this should be changed in the Ordinance.
Councilor Fawcett questioned why this has taken so long when such
a small amount has been collected over a period of time. Ms.
Paradis stated the previous per acre amount was $5,000. Ms.
Paradis added that this is an Eagle County ordinance and the
school is currently working with them:
Councilor Nottingham asked if there are changes in the zoning"or
whatever, after the amount has been paid, is there an adjustment
for the amount. Mr_..Steve Amsbaugh stated the County, at the
time of final plat,"assesses the fee. -The County does, not assess
at annexation, but at subdivision. Discussions followed on the
timing of the fees. Mr. James noted that we need to clarify when
to collect the fees..
Councilor Nottingham expressed concerns of the statement
"reasonably necessary" when determining cash in lieu of land.
Mr. Jack Berga, representing Eagle County school district, stated
the County prefers land. Only if the subdivision is so small,
the County would consider cash in lieu of. Councilor Hines
suggested changing the statement "reasonably necessary" as this
statement is confusing.
Councilor Hines questioned formula and the reasoning of it being
so low for multi-family. Mr. Berga stated this was discussed
with the County and mentioned the third part of the equation was
mobile homes, which is not part of Avon's Ordinance. Mr. Berga's
reasoning was that several years ago single family generated more
students than multi-family did. The County is studying this
change and once they update the master plan the County will
probably update the school land dedication ordinance again. The
school district is also doing a subdivision study to see if those
student generation rates are still valid or not. Mr. Berga added
that these are state formulas, as well as the County's.
Councilor Nottingham expressed hesitation on adopting this
Ordinance and then having to update it again with the multi-
family rate. Councilor Nottingham asked Attorney Dunn if he had
a different way of stating "reasonably necessary". Attorney Dunn
suggested he discuss this further with Staff.
Ms. Paradis asked if the Town could hold the fees and then
distribute as the school district needs. Mr. James suggested,
that due to Amendment 1, the Town send the fees directly to the
school district.' Councilor Nottingham questioned capitol outlay
items. Ms. Paradis felt that capitol outlay was for buildings,
an addition, or a remodel. Councilor Yoder questioned computers.
Ms. Paradis stated the wording in the State does say capitol
outlay. Councilor Yoder mentioned a control issue; will Avon's
monies be spent in Avon or elsewhere in Eagle County. Mr. James
commented that if the goal is for Avon's monies to be spent in
Avon then we should maintain control. If the goal is to provide
the entire school district with the basis to provide education
for the entire school district on a county-wide or district wide
basis, then the money should go to the district to spend that
money for educational purposes.
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Mr. James added that if the Council _is interested in ensuring a
school is built, or that improvements are made in the schools in
Avon then we should keep the money and then give it to the school
district at such time.
With-further discussions needed, Council's consensus was to table
this Ordinance.
Councilor Hines motioned to table Ordinance No. 94-1, Series of
1994. Councilor Roof seconded the motion. The motion carried
unanimously.
Resolution No. 94-1, Series of 1994,- A RESOLUTION APPROVING THE
PRELIMINARY PLAN 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 public hearing to hear a
preliminary plan application for a ,preliminary condominium plan
on Lot 1, The Lodge at_.Avon subdivision. An application has been
submitted for this preliminary condominium-plan for a retail
commercial building of approximately 25,600 square feet. The
building will b'e in three levels, including a basement level.
Maps and plans were displayed on the wall. The P & Z Commission
approved the final design on December 7, 1993. On December 14,
1993, Council reviewed an amended final plat for the land
subdivision, which are Lots 1 and 2. Lot 1 is where most of the
development will occur. This falls within the Town Center
zoning. Lot size is 37,300 square feet. The building proposed
is approximately 37 feet maximum height. Minimum landscape area
of 20% has been provided. The building actually covers 23% of
the site. A special review use application has been approved
relating to parking to allow off site or another property for a
portion of their parking requirements; they have 45 spaces on Lot
1 and 30 spaces on Lot 2 proposed. The site plan has been
reviewed and meets technical requirements. Access is through a
shared driveway off of Benchmark Road. Landscaping includes six
sculpture pedestals; one of the tenants will be an art gallery
and they propose to include outdoor sculpture through out the
sight. The foot print of the building is approximately 8,600
square feet. Mr. Amsbaugh described the proposed building. The
Town of Avon subdivision regulations provide for the review of a
proposed preliminary plan on significant projects by the Council.
The Council shall hold'a public hearing on a preliminary plan
application and may approve, approve with conditions, or
disapprove a plan. The preliminary plan shall be evaluated based
upon its conformance with the Town's plans, codes, and
regulations. Staff and the P & Z Commission have reviewed this"
proposal and is in general conformance with these plans and
regulations. With that in mind, Staff recommends approval of
Resolution No. 94-1. Mr. Amsbaugh requested to add an additional
condition; that it be conditioned upon the recording of the
amended final plat that you approved on December 14th so that
they tie together.
Councilor Fawcett motioned to approve Resolution No. 94-1, Series
of 1994 with addition of paragraph #2, which will read upon
recording-of final amended plat, as approved by Town Council on
December 14, 1993. Councilor Roof seconded the motion and the
motion carried unanimously.
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Resolution No. 94-2, Series of 1994, A RESOLUTION APPROVING THE
FINAL PLAT FOR THE RESUBDIVISION OF LOT 30/31, BLOCK 1, BENCHMARK
AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
Mr. Amsbaugh displayed a map, on the wall, of this final plat
application. Mr. Amsbaugh stated the property is located on
Nottingham Road just before the intersection with Metcalf Road.
Basically, the applicants wish to resubdivide this property back
to its original configuration; a few years ago they combined into
one. Staff has reviewed the application and finds this to be in
accord with subdivision regulations of the Town. Staff
recommends approval of Resolution No. 94-2.
Councilor Yoder motioned to~adopt Resolution No. 94-2,,Series of
1994. Councilor Hines seconded the motion and the motion carried
unanimously.
Resolution No. 94-3,,,Series of 1994, A RESOLUTION ESTABLISHING A
MARKET VALUE FOR LAND IN ASSOCIATION WITH ORDINANCE,NO.';94-1,
SCHOOL LAND DEDICATION
Mayor Reynolds suggested tabling ,this Resolution since Ordinance
No. 94-1 was tabled.
Councilor Fawcett motioned to table Resolution No. 94-3, Series
of 1994. Councilor Hines seconded the motion and the motion
carried unanimously.
Next Item on the Agenda under New Business was the ARC
Construction Management Contract.
Mayor Reynolds stated this has been put off for two weeks.
Next on the Agenda was Other Business.
Council gave updates on Committees.
Councilor Nottingham informed that Channel #5 is offering a
Sunday night, January 23rd informational type of presentation on
anything that might be of interest. Councilor Yoder suggested
Staff present some of the recreational programs that are in place
for the balance of the winter season.
Councilor Hines mentioned the next NWCCOG meeting, which is a new
member orientation, in Frisco on Thursday, January 27th.
Councilor Fawcett gave an update on the Eagle Valley Recreation
Authority / Berrycreek 5th filing. The Authority has basically
approved the investigation of a site for the School District,
either elementary or middle school.
The Financial Matters were next presented to Council.
Councilor Nottingham motioned to receive items #1 through #10 and
approve items #11 through #12. The motion was seconded by
Councilor Hines and carried unanimously.
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Next presented to Council were,the Council Meeting Minutes.
Councilor Fawcett motioned approval of the December 14, 1993
Regular-Council Meeting Minutes as presented. Councilor Roof
seconded the motion and the motion carried unanimously.
Councilor Nottingham motion approval of the December 20, 1993
Continued Council Meeting Minutes as presented. Councilor Yoder
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 9:09PM
RESPECTFULLY SUBMITTED:
Patty Neyhlrt; o Clerk
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