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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. • 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. 2 • r 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. 3 • CC 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. 4 • • 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. 5 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 6