TC Minutes 10-12-19931-1
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD OCTOBER 12, 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
7:30PM. 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, 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 Real Estate
Transfer Tax Exemption Request from Randall Guerriero.
Mr. Guerriero stated last month he applied for an exemption of
the transfer tax for rental property. Mr. Guerriero intends to
provide this rental unit to moderate income people in the valley:
Mr. Guerriero cited 3.12.060 N of the Municipal Code as the basis
for his request. Mr. Guerriero understood that he would still
pay some transfer tax; the exemption is only for $80,000.
Councilor Fawcett questioned date of closing and date of
application. Mr. Guerriero stated the application was submitted
one day prior to closing. Mr. Guerriero added the title company
is holding the transfer tax money in escrow in lieu of a decision
by Council. Application date was 9/24, closing was 9/25.
Discussion followed on the two dates.
Councilor Fawcett questioned the intent of the Code; whether a
single unit or a project, such as Eaglebend. Mr. Guerriero
agreed that the Code does say units and questioned if the Town
wants an individual rental housing unit for employees in the area.
Mr. Guerriero said it is one thing to provide a big block of
properties and stuff all the employees in there, but to sprinkle
employees out through the community has some merit as well. Do
you want all the employees shipped off to one area and held in
that area and then you'll give the benefits to the big developers
only? Or, are you willing to deal with individuals who are
willing to meet your criteria and provide affordable housing for
the working people of the valley?
Councilor Roof questioned how the Town would monitor low or
moderate housing. Mr. James stated the Town would need to go
through a similar process as Eaglebend with deed restrictions that
would allow and make sure the property remain as affordable
housing. Rent would need to be verified on a regular basis.
Councilor Roof commented this monitoring would be very difficult,
especially if there were a lot of these individual units.
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Mr. James noted that Council would need to determine what is low
income and moderate priced housing; those guidelines are not in
place right now; except those projects the Council has approved in
terms of affordable housing projects. Mr. James felt, in terms
of an overall policy for the Town, it should be projects that we
are approving; not individual units.
Mr. Guerriero is agreeable to meeting the other affordable
housing requirements; stay within a reasonable amount of what they
are charging.
Councilor Hines understood this to mean projects; not individual
units.
Councilor Nottingham questioned if Vail has a similar ordinance.
Mr. Guerriero stated he has had a rental unit in Vail for
approximately 22 years and he has not come across this in Vail.
Councilor Yoder stated the intent is for projects or buildings and
if we are to get involved with individual units we need to start
from scratch with a set of rules.
Attorney Dunn stated the application on its basis is an improper
application. The section requires that the parties shall agree to
appropriately restrict the future use of the property to low and
moderately priced housing units by recorded agreement, etc. The
application was not accompanied with any proposed deed
restriction. Without that, and the transaction having closed; it
could not even be considered.
Councilor Fawcett motioned the application of Mr. Randall
Guerriero, that his application for an exemption from the Avon
real estate transfer tax be denied. Councilor Yoder seconded the
motion and the motion carried unanimously.
First item under Unfinished Business was the Eaglebend Subdivision
Improvements Agreement Release.
Mr. Larry Brooks reminded, at last Council meeting, Mr. Norm
Wood presented and recommended the release of the Eaglebend
Subdivision Improvements Agreement. The item of concern was the
bike path. Earlier this evening at the Worksession, discussions
focused on the bike path issue. It was determined that the bike
path requirement had been dropped from the Agreement. Thus, it is
recommended to approve the release agreement at this time.
Councilor Nottingham motioned to approve the release agreement
regarding the Subdivision Improvements Agreement between Eaglebend
and the Town of Avon. Councilor Roof seconded the motion and the
motion carried unanimously.
Next item under Unfinished Business was the Wildridge Public Works
Facility / Architectural Renderings.
Mayor Reynolds noted the Mr. John Perkins addressed Council at
the earlier Worksession.
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Next item under Unfinished Business was the Christmas Tree Lights.
Mr. Bill James offered two options for lighting the Christmas
Tree. Option A is for numerous, various sized lights and a
lighted star for the top. Option B includes Option A, plus
lighted deer figurines. Option A is $1,110 and Option B is
$2,700.
Councilor Yoder moved to accept option A. Councilor Roof seconded
the motion and the motion carried unanimously.
Next item Added to the Agenda under Unfinished Business was
discussion of a letter from Mr. Jack Hunn.
Councilor Fawcett mentioned the letter from Mr. Jack Hunn, a
member of the Planning and Zoning Commission. Councilor Fawcett
requested to discuss this with Mr. Hunn at a worksession.
Council's consensus was to discuss this with the entire Planning
and Zoning Commission, at a joint session. Suggested date was
after budgeting, around the first of the new year.
First item under New Business was the Mountain Star Utilities &
Road Construction Update.
Mr. Brooks and Mr. Wood gave an update on Mountain Star's work
with regards to utilities and road construction. They presented
various maps showing what has been completed and what is left.
Mr. Brooks noted that overall, they are right on schedule.
Next item on the Agenda was the 1/2% Sales Tax Increase Update /
County Wide Bike Path System.
Mayor Reynolds stated Ms. Ellie Caryle, from Eagle County, was
going to make a presentation, however she is not present this
evening.
Next was the Mayor's Report.
Mayor Reynolds informed the Postmaster stated a new post office in
Avon is #4 in the Country. Mayor Reynolds added the Postmaster
informed him of home mail petitions being circulated.
Mayor Reynolds stated he has a CAST meeting in Glenwood Springs
this Friday. Also, Avon will host the CAST meeting in December.
Councilor Fawcett stated Councilor Hines is being honored at a CML
District meeting this Friday for completing the CML requirements.
The Financial Matters were next presented to Council.
Councilor Yoder motioned to receive items #1 through #8 and
approve items #9 through #10. The motion was seconded by
Councilor Hines and carried unanimously.
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Next presented to Council were the Council Meeting Minutes.
Councilor Hines motioned approval of the September 28, 1993
Regular Council Meeting Minutes as presented. Councilor Fawcett
seconded the motion and the motion carried unanimously.
Mr. James announced that next Tuesday there will be a Worksession
to discuss budgets at Village Hall in Beaver Creek starting at
approximately 3:00pm, could be as early as 2:00pm.
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 Nottingham. The
meeting was adjourned by Mayor Reynolds at 8:18pm.
RESPECTFULLY SUBMITTED:
Patty Ne hart, Town Clerk
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