TC Minutes 03-23-19930 9
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD MARCH.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 Reynolds at
7:38p.m. A roll call was taken with Councilors Jack Fawcett, John
Hazard, Tom Hines, and'Jim Roof present. Councilors Jerry Davis
and Celeste Nottingham,were absent. Also present were Town
Attorney John Dunn, Town Manager Bill James, Director of
Engineering Norm Wood, Director of Municipal Services Larry
Brooks, Transportation,Director Harry Taylor, Director of
Community Development Rick Pylman, Planner Tom Allender, Police
Chief Art Dalton, Fire Chief Charlie Moore, Town Clerk Patty
Neyhart, as well as members of the press and public.
First item under Citizen Input was Ms. Jessica Rasmussen
requesting funds for.People to People Science Ambassador.
Ms. Rasmussen stated she has been accepted to participate in a
Youth Science Exchange program in Costa Rica to study the rain
forest this June. Ms. Rasmussen needs a total of $3,000 and-has'
received $100 from Vail Associates and $200 from the Rotary Club.
Ms. Rasmussen requested any amount the Town of Avon could donate.
Ms. Rasmussen is a senior at Battle Mountain High and a resident
of Eagle-Vail.
Mr. Bill,James mentioned donations.could come froin'the marketing
budget or special events budget.
Council's consensus was,to discuss this funding request.at the
next regularly scheduled worksession and make a,decision at;the
next regularly scheduled council meeting.
Next item under Citizen Input was-Mr. -Josh Hall representing
Channel #23.
Mr. Hall reminded that the next Town Council Meeting will be
aired on Channel #5.
Next item on the Agenda was the Federal Transit Administration
Section 3 / Grant Application Public Hearing.
Mr. Larry Brooks reminded that the Town of Avon was awarded this
year, through the Federal Transportation Administration (PTA),
Section 3 Bus Grant-for the purchase of 6 new busses. The
application has been prepared and needs to be turned into the FTA
tomorrow. In addition to-the prepared.packet including
Resolutions, etc., there is,an additional "part of that packet;
that part being the public hearing that'we are holding here
tonight. Notices were published in the news apers for this public
hearing. The total grant can go as high as $p 1,338,720.00.--This
grant is 80% federally funded and 20% locally funded. The local
match could"go as high as $267,744.
Of that Avon pays $50,000, Beaver Creek pays '$132,500, and Town of
Vail pays $67,500. By the end of this month,,specifications as '
part of the bid package will be developed. Bids will be evaluated
in August of,1993 and awarded in September. Vehicles will be
received in December and close out of the project is scheduled in
January of 1994. The purpose of this meeting'is to give the
public a chance for their input and to ask any questions they may
have, and to serve notice of the application on file.
Mayor Reynolds opened the meeting for public input. Hearing no
one, Mayor Reynolds closed that portion of the meeting.
First Reading of Ordinance No. 93-3, Series of 1993, AN ORDINANCE
AMENDING TITLE 16 OF THE MUNICIPAL CODE OF THE TOWN'OF AVON AS IT
RELATES TO SUBDIVISIONS AND REQUIRING DEDICATION OF LAND FOR
RECREATION PURPOSES OR PAYMENT OF CASH IN LIEU THEREOF AND THE
ADDITION OF SECTION 16.08.115 PROVIDING A DEFINITION FOR
"PARKLAND, DEVELOPED"
Mr. Rick Pylman reminded that in February, 1992 Council adopted
the Recreation-Master Plan. The Master Plan's Recommendations and
Action,Plan calls for implementation of a recreation land
dedication ordinance. This Ordinance provides for the dedication
of developed parkland.
Mr. Pylman highlighted the Ordinance. The first section
describes the purpose,of the Ordinance; to ensure future
development covers its own impacts on park and recreation
facilities for the Town of Avon. The next-section of the
Ordinance is a formula that allows the Town to determine those.
impacts. Staff has taken national standards for park and -
recreation and fit these standards into the unique demographics of
Avon. The Ordinance describes the manner that land will be
dedicated to the Town.and"addresses, at Council's discretion, cash
in lieu of land. The Ordinance addresses'minimal'acreage to be
accepted as 1/4 acre. Commercial land dedication is to be
accessed at $0.40 per square foot of proposed building. Trails
dedication requirements are addressed-in the Ordinance. Criteria
for land suitability is also mentioned in the Ordinance. And,.
finally the Ordinance adds a definition of "developed parkland" as
-specified in the Recreation Master Plan.
Councilor Roof noted that under the definition'of "parkland;:
developed, the Recreation Master Plan was adopted February 11,
1992; not 1993.
Councilor Hazard mentioned, for purpose of clarification, Staff
had presented fictitious examples, and questioned if those
examples would be used. Mr. Pylman informed examples will be
distributed to the developers in a packet of information and is
not appropriate to include in the ordinance.
Councilor Hines moved to approve Ordinance No. 93-3, Series of
1993, on first reading. Councilor Roof seconded the motion.
Mr. Peter Jamar commented on
overall support of such. Mr.
in need of refinement.. First
of several issues,.such as the
section 16.50.020.
the proposed Ordinance and expressed
Jamar noted several items are still
item mentioned was the clarification
last paragraph on page 1, under
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Mr. Jamar suggested this is too broad and needs criteria to
identify on what basis should the Council decide that the
dedication of parkland does not accomplish the purpose of the
chapter. Mr. Jamar noted that developed parkland refers to the
Recreation Master Plan and there does not appear to be a specific
definition of developed parkland in the Recreation Master Plan.
Mr. Jamar suggested defining developed parkland in the ordinance.
Mr. Jamar exampled Mountain Star development; their focus on
passive recreation with open space to include picnic areas and
questioned if this passive recreation would qualify for any credit
under this Ordinance. Mr. Jamar questioned fees relating to cash
in lieu of; to what extent is the parkland to be developed; and
regarding commercial dedication requirements, questioned what
portions of the building; and added $0.40 per square foot of
proposed building seems high. Also, there is no option for cash
in lieu of for commercial dedication. Mr. Jamar noted an
inconsistency between the Ordinance quoting $0.40 square foot fee
for commercial buildings, yet the Recreation Master Plan quotes
1%-3% of the total appraised value of the developed commercial
space. Mr. Jamar questioned appropriate time to pay cash in lieu
of fees.
Councilor Fawcett stated that the fees are scheduled to be paid at
time of subdivision so the developer is responsible for payment
and not the individual homeowners.
Mr. Jamar added that on a large residential subdivision the time
to figure out whether you can provide parkland or not is certainly
at a time when you are subdividing and you might set aside a part
for a park. However, if you aren't going to provide land and it
is determined that you are paying cash in lieu of a park, then
really the time to probably pay that cash is at the time that you
are actually building. Vail attaches a square footage fee called
a recreation amenity fee on to each building permit. In the
commercial areas, the fee is to be paid at the building permit
stage, with no option of parkland dedication.
Mayor Reynolds requested Mr. Pylman's response.
Mr. Pylman stated that the last paragraph on page 1 is pretty
broad. If we describe exactly what developed parkland is, we will
have a bunch of cookie cutter parks exactly the same and there is
a broad range of what is acceptable to the Town. Mr. Pylman
noted where there is a commercial area, such as the Stolport, that
the Recreation Master Plan indicates a park in that area, the Town
would only require the $.040 per square foot cash; not park and
land. Mr. Jamar suggested the Ordinance be made clearer. Mr.
Pylman informed as the ordinance is written, no credit would be
given for open space/passive recreation. Mr. Pylman noted the
Recreation Master Plan is a guide and the Ordinance is the
specific tool that implements such. These will not always mess,
thus the discrepancy of the Commercial fees.
Mayor Reynolds suggested maybe the response is to table this and
discuss later at a worksession.
Councilor Hines reminded that there is a motion to approve on
first reading, with a second on the floor.
Attorney Dunn stated a motion to table would be in order.
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Councilor Hazard motioned to table Ordinance No. 93-3, Series of
1993 on first reading. Councilor Hines seconded the motion and
the motion carried unanimously.
Councilor Hazard motioned for recess. The motion was seconded by
Councilor Hines and carried unanimously.
Council recessed at 8:41pm and reconvened at 8:49pm
Resolution No. 93-16, Series of 1993, A RESOLUTION TO AMEND
RESOLUTION NO. 91-17
Councilor Hines motioned to approve the following Resolution (No.
93-16), "Resolved that Resolution No. 91-17 be amended to provide
that it not be applicable to lots as to which design review
approval was received before the effective date of said
Resolution". The motion was seconded by Councilor Roof. The
motion carried unanimously.
First Reading of Ordinance No. 93-4, Series of 1993, AN ORDINANCE
AMENDING THE WILDRIDGE SPA PLAN BY AMENDING THE LAND USE
DESIGNATION OF LOT 2, BLOCK 5, WILDRIDGE SUBDIVISION FROM A SIX
UNIT MULTI-FAMILY USE TO TWO DUPLEX LOTS.
Mr. Tom Allender informed the owners of Lot 2, Block 5, Wildridge
are requesting to amend the PUD of Wildridge. That amendment
would change Lot 2, Block 5 from a sixplex lot to a 4 unit duplex
designation. As part of the process, the applicants are pursuing
the subdivision of the lots into two separate lots. The
Resolution that would approve the subdivision will be presented to
council concurrently with the second reading of the Ordinance
amending the PUD, assuming the PUD gets thru the first reading.
This design review was brought to the Planning& Zoning Commission
on September, 1990. In June, 1991 the Resolution, that was just
amended, passed. The owners of the lot appeared before Council,
requesting to be allowed to proceed through the subdivision and
rezoning process, and the Council gave direction to proceed. On
March 16, 1993 the PUD was presented to the Planning Commission
that was passed unanimously. The reasoning for passage was the P
& Z felt the proposed use was more appropriate than the one
allowed; that the design review preceded the verbal resolution
that was discussed; and that they were trying to correct a
hardship of financing that was really not the fault of the
applicants. Public notices have been completed and the adjoining
property owners have been notified; with no comments received.
The Ordinance is condensed as; the Wildridge SPA Plan shall be and
is hereby amended by the designation of Lot 2, Block 5, Wildridge
Subdivision as two duplex lots, to be known as Lot 1, Foxx 4
Subdivision and Lot 2, Foxx 4 Subdivision, a resubdivision of Lot
2, Block 5, Wildridge Subdivision.
Councilor Hines requested to add a few items to the Ordinance.
Councilor Hines said, "Under the third whereas, after section 2,
I'd like to add in another whereas, in conjunction with section 2.
Section 2 reads, as deemed compatible with surrounding land uses
and uses in the area and I would like to add in, and whereas the
project received design review approval before the adoption of
Resolution No. 91-17."
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Councilor Hines continued, "And, then I would like to go down
further and after the paragraph that Tom (Allender) just read, I
would like to add in the sentence of following a resubdivision of
Lot 2, Block 5, Wildridge Subdivision, it is the condition of such
amendment that the project proposed for said lot be completed no
later than two years from the effective date of this Ordinance."
Councilor Roof motioned approval of Ordinance No. 93-4, Series of
1993 with Tom's additions (Councilor Hines' additional requested,
items in the above paragraphs) on first reading. Councilor Hines
seconded the motion.
With no further discussion, Mayor Reynolds entertained a roll
call.
Those voting aye were Councilors John Hazard, Jack Fawcett, Jim
Roof, Tom Hines. Motion carried unanimously.
Second Reading of Ordinance No. 93-2, Series of 1993, AN
ORDINANCE AMENDING CHAPTER OF 5.08 OF THE MUNICIPAL CODE OF THE
TOWN OF AVON RELATING TO LIQUOR LICENSES
Attorney Dunn informed this is second reading; was adopted on
first reading without amendment at last meeting and is presented
to Council accordingly without change for final consideration.
Mayor Reynolds opened the meeting for public input. Hearing-none,
Mayor Reynolds closed that portion of the meeting.
There being no further comments, Mayor Reynolds called for a
motion.
Councilor Fawcett motioned to adopt Ordinance No. 93-2, Series of
1993ton second reading. Councilor Hines seconded the motion.
With'no further discussion, Mayor Reynolds entertained a roll
call.
Those voting aye were Councilors Jim Roof,:Tom Hines, Jack
Fawcett, John Hazard. Motion carried unanimously.
Resolution No. 93-15, Series of 1993, A RESOLUTION AMENDING THE
1993 BUDGET
Mr. Bill- James informed Resolution No.' 93-15 amends the Public
Improvements Fund by $32,000 for trenching to be able to put the
Wildridge phone lines in,'and $105,045 +:$721000 final
landscaping, street Improvements; and.condeianation of land for the
railroad project; reappropriating funds from last year to this
year.
Councilor Roof motioned to approve Resolution No. 93-15,'Series
of 1993. Councilor Hazard seconded the motion and the motion
carried unanimously.
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First item added to the Agenda under New Business was the
Contracts to purchase the Miller Ranch.
Councilor Fawcett motioned, "that the officers of the Town be
authorized to enter into option contracts to purchase parcels A
and C as shown on exhibits A and C attached to these option
contracts on the Miller Ranch in Eagle County, Colorado
substantially in the form as the Option Contracts #1 and #2 which
have been filed in our minutes of today's meeting appear. However
with such changes in form as may be approved by the Town Manager
and our Town Attorney, John Dunn." Councilor Roof seconded the
motion and the motion carried unanimously.
The Financial Matters were next presented to Council.
Councilor Hines motioned to receive items #1 through #6 and
approve items #7 through #8. The motion was seconded by Councilor
Fawcett and was unanimously carried.
Next presented to Council were the Council Meeting Minutes.
Councilor Hines motioned approval of the March 9, 1993 Regular
Council Meeting minutes as presented. The motion was seconded by
Councilor Fawcett 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 9:08pm.
RESPECTFULLY SUBMITTED:
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Patty Ne art, Town Clerk