TC Minutes 10-22-1996AFL ~
MINUTES OF'THE REGULAR MEETING OF THE TOWN COUNCIL
HELD OCTOBER 22, 1996 - 5:30 P.M.
A regular meeting of the 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
5:32 PM. A roll call was taken with Councilors Jim Benson,
Richard Carnes, Jack Fawcett, and Judy Yoder present. Councilor
Tom Hines was absent. Also present were Acting Town Manager
Larry Brooks, Town Clerk Patty Lambert, Town Attorney John Dunn,
Town Engineer Norm Wood, Police Chief Gary Thomas, Administrative
Assistant Jacquie Halburnt, Town Planner Karen Griffith, Planner
George Harrison, and Director of Community Development Mike
Matzko, as well as members of the press and public.
Citizen Input:
Public Hearing on 1997 Proposed Budget
Mayor Reynolds opened the meeting for public input. Hearing no
comments, the Mayor closed the public hearing.
Citizen Input:
Appeal of P & Z Decision / Retaining Wall Variance Lot 37, Block
3, Wildridge Subdivision (Charles Sawyer)
Appeal of P & Z Decision / Retaining Wall Variance Lot 37, Block
3, Wildridge Subdivision (Alison Sawyer)
Appeal of P-& Z Decision / Retaining Wall Variance Lot 37, Block
3, Wildridge Subdivision (Fred & Flora Hiller)
Charles Sawyer and Alison Sawyer were represented by Mr. Ross
Davis, Jr. and Fred & Flora Hiller were represented by Mr. David
Tanzer.
Mr. Weiland was represented by Mr. Mark Donaldson.
Mr. Tanzer requested a continuance due to all parties not being
available this evening. Mr. Davis echoed Mr. Tanzer's,request.
Mr. Donaldson requested clarification on who filed the appeal.
Town Attorney John Dunn understood there were three adjoining
property owners who asked the council to review the decision of
the Planning and Zoning Commission. Charles Sawyer and Alison
Sawyer are separate property owners and would appear to be two
appeals and then there is the appeal by the Hillers. There seems
to be three appeals. Town Attorney Dunn understood there are
three payments of $50.00. Town Clerk Patty Lambert injected
there has been no payment received from the Hillers. Mr. Tanzer
presented Town Clerk Lambert a check, from Flora M. Hiller, made
payable to the Town of Avon for $50.00, dated October 10, 1996.
Mr. Donaldson noted he is here tonight and prepared to defend the
appeal. He was told all the parties could not be here however,
it appears all the parties are here and requested to proceed.
Mr. Donaldson added this project has been appealed before to the
council, some three years ago. It was upheld unanimously.
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Mr. Donaldson stated he would like to go on with construction
but, the council's wishes would be Mr. Donaldson's pleasure as
well.
Councilor Fawcett-motioned to table this appeal until the 26th of
November. Motion died due to lack of a second.
Mr. Tanzer stated everyone is not here this evening. Mr. Tanzer
informed he has to be down at the Town of Gypsum for a hearing
this evening and the Hiller's engineer is not present. This
matter is a different matter than what was up before. That
matter lapsed; things started all over again. If we are going to
hear arguments on the continuance, Mr. Tanzer stated he would
like to have an opportunity to present in a logical fashion. Mr.
Tanzer understood we were going to move forward with a
continuance. Mr. Tanzer reiterated everyone is not here this
evening. Mr. Tanzer stated he has a shortened time frame with
trying to present something into a good presentation to the
board. Mr. Tanzer reiterated some people aren't here and he has
additional information that he would like to make available to
the council if a full hearing is to proceed.
Mr. Donaldson reiterated what ever the council wishes. Mr.
Donaldson added he has been negotiating for thirteen months and
they have not reached a conclusion. He has been back through the
planning commission process; they are trying to build a house.
Councilor Fawcett asked if Mr. Weiland intends to commence
construction this season, in other words, next month. Mr.
Donaldson stated no. Mr. Donaldson added this process is wearing
on them. Councilor Yoder asked if this is delayed until the 26th
of November, will it delay the project start date from whenever
Mr. Donaldson anticipates. Mr. Donaldson stated no but, he would
not be present the 26th.
Mayor Reynolds thought all parties should be present for a fair
appeal. Town Attorney Dunn noted there is no problem with
tabling until December 10, 1996, as long as all parties are in
agreement. All parties were in agreement to tabling the appeal
until the 10th of December. Mr. Tanzer added that maybe with a
little luck the parties can get together and come up with a
resolution.
Councilor Fawcett motioned to table this appeal until December
10, 1996. Councilor Yoder seconded the motion and the motion
carried unanimously.
Ordinances:
Second Reading of Ordinance No. 96-16, Series of 1996, AN
ORDINANCE ANNEXING TO THE TOWN OF AVON A PARCEL OF LAND LOCATED
IN THE NW,1/4 SE 1/4, SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST
OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO DESCRIBED
ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF; AND
PROVIDING FOR PLANNED UNIT DEVELOPMENT ZONING
Mayor Reynolds announced this is a public hearing.
Town Attorney Dunn understood the applicants, for annexing,
desire to move forward at this time. Town Attorney Dunn
understood the closing of the purchase of the property was held
yesterday. Town Attorney Dunn reviewed the matter with the title
company and reviewed the transfer documents and at this time it
appears the property to be annexed into the Town is owned by
Chateau St. Claire, LLC, Grace Jenkins White, Edward F. Rogers,
and Paul F. Pensabean. Town Attorney Dunn stated George Roberts
has powers of attorney from Grace Jenkins White and Edward F.
Rogers. Chateau St. Claire is present and represented by Danny
Brose.
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Town Attorney Dunn's only concern was to Paul Pensabean. Mr.
Pensabean is represented by Mr. Bruce Chapman, an attorney in
Vail. Mr. Chapman had not had an opportunity to review anything
and was not able to say if Mr. Pensabean had agreed or disagreed
with annexation. Town Attorney Dunn recommended Council rely
upon the representation of the representatives of Chateau St.
Claire - that they have the authority from Mr. Pensabean to
proceed. Town Attorney Dunn prepared a ratification agreement to
be signed by Chateau St. Claire and the other Property owners.
It would be necessary for them to sign this ratification
agreement in order to proceed. Town Attorney Dunn added this
annexation has proceeded on petition of 100% of the property
owners. when the petition was filed with the town, 1000 of the
property owners signed the petitions. Since then there has been
a purchase of the land and there has been some change in property
ownership which reflects investment in the project. So, the
ownership is beyond what it was when the annexation petition was
filed. Because of that, we need to have the annexation
agreement, which was signed by the petitioners, ratified.
Discussion followed regarding the consent of annexation by Mr.
Pensabean. Attorney Dunn stated that the persons who actually
petitioned for annexation and who owned 1000 of the property at
that time are here and ready to proceed. There is some
uncertainty as to a small interest in the property who, according
to Danny Brose, has authorized this to move forward. The only
issue now is the authority of the minority shareholder to sign
the annexation agreement. If the property is annexed, based upon
the representation that he is joining in the annexation
agreement, Attorney Dunn thought he was bound by it- Once the
Ordinance is adopted, the property is annexed. The Ordinance is
not based upon the annexation agreement, it is based upon the
petition for annexation. If there was a dispute, it would be
between the individual interest owners. Attorney Dunn informed
Attorney Chapman was aware the matter would be before the Council
this evening and Attorney Chapman did not have time to deal with
it.
Councilor Yoder motioned to approved on second reading Ordinance
No. 96-16, Series of 1996. Councilor Fawcett seconded the
motion.
Mayor Reynolds called for a roll call vote.
The motion carried unanimously.
Ordinances:
Second Reading of Ordinance No. 96-17, Series of 1996, AN
ORDINANCE APPROVING A PUD DEVELOPMENT PLAN FOR CHATEAU ST. CLAIRE
ANNEXATION, TOWN OF AVON, EAGLE COUNTY, COLORADO, LOCATED SOUTH
OF HIGHWAYS 6 AND 24 AND EAST OF AVON ROAD
Mayor Reynolds announced this is a public hearing.
Town Planner Karen Griffith reviewed the proposed planned unit
development.
Discussion focused on Lot 2 being deeded to the Town for open
space. Councilor Fawcett recommended donation to Eagle County
Land Trust. Attorney Dunn informed the Town•has spent a fair
amount of money redeeming open space from tax sale and would like
to avoid that from happening again. Attorney Dunn thought the
liability is not great, the Town is insured, and ensuring taxes
are paid offsets the liability issue.
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Discussion focused on the bike path. Town Planner Griffith noted
it is best not to ;specify the width of the path at this time
until we get the final engineering plans. The bridge over Beaver
Creek may constrain the width of the path in some areas. The
path may cut into the landscape strip in front of the
development. Town Planner- Griffith added that a representative
from the Eagle County Trails Committee may have a comment on the
bike path. A representative had planned to be at this evening's
meeting however, no one was present representing Eagle County
Trails Committee.
Mr. Steve Isom, representing Chateau St. Claire, voiced concerns
about condition #17 of the Ordinance - no parking spaces reserved
other than handicapped. Mr. Isom proposed underground parking or
covered parking to be 75% reserved. There are a total of 217
parking spaces. 11.3 are underground parking spaces and 75% of
113 would allow approximately 84 reserved underground spaces.
Director of Community Development Mike Matzko noted an option
would be to include parking requirements in the subdivision plat
and questioned if it was necessary to include in the.PUD. Matzko
suggested, if Council wants to allow reserved spaces, to strike
condition #17 from the Ordinance and include parking requirements
in the preliminary plat.
Councilor Benson motioned to approve on second reading Ordinance
No. 96-17, Series of 1996 with the following amendment to
striking condition #17. Councilor Carnes seconded the motion.
Mr. Danny Brose interjected that Mr. Pensabean has agreed to the
annexation. Mr. Brose added that he will have the agreement in
within the next couple of business days.
Mayor Reynolds called for a roll call vote.
The motion carried unanimously.
Ordinances:
First Reading of Ordinance No. 96-19, Series of 1996, AN
ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE NO. 83-21, PUD
DEVELOPMENT PLAN, BENCHMARK SUBDIVISION, (WILDWOOD RESORT) TO
ALLOW SEASONAL GARDEN CENTER THROUGH APRIL OF 1997 AND THE
STORAGE OF TREES AND NURSERY STOCK THROUGH OCTOBER OF 1997 ON LOT
2, WILDWOOD RESORT, TOWN OF AVON, EAGLE COUNTY, COLORADO
Town Planner Karen Griffith reviewed the Ordinance.
Mr. Marty Jones informed Mountain Star has called twice with
complaints about cleanliness of Lot 2. Mr. Jones added Mountain
Star has been one of his biggest clients and.he wants to keep
them happy.
Mr. Jones noted his hang-up with the Edwards property is highway
access. The property is just opposite of the Edwards Building
Center, north of Highway 6. There is not enough property in
Edwards for tree storage. Mr. Jones noted he will probably have
to go close to Eagle for storage.
Councilor Yoder motioned to approve on first reading Ordinance
No. 96-19, Series of 1996. Councilor Benson seconded the motion.
Mayor Reynolds called for a roll call vote.
The motion carried unanimously.
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Resolutions:
Resolution No. 96--41, Series
PRELIMINARY SUBDIVISION PLAT
TOWN OF AVON, EAGLE COUNTY,
of 1996, A'RESOLUTION APPROVING
FOR CHATEAU ST. CLAIRE SUBDIVISION,
COLORADO
Mayor Reynolds announced this is a public hearing.
Matzko suggested, to address the parking, to say that as a
condition of approval of this preliminary plan, that the
condominium map reflect any assigned parking spaces and that no
unit be allowed to be assigned more spaces than are allowed by
the Town's standards.
Town Planner Griffith reviewed the Resolution.
Councilor Benson motioned approval of Resolution No. 96-41,
Series of 1996 with Staff's recommendation along with number 4
condo map to reflect the assigned parking places and no unit
shall have more spaces than allowed by the municipal code.
Councilor Yoder seconded the motion and the motion carried
unanimously.
New Business:
Agreements - Eagle Park Reservoir / 5th Addendum to Water_ Service
Agreement / Side Agreement
Councilor Yoder motioned to approve the Eagle Park Reservoir
Agreement, the 5th Addendum to the water service agreement, and
the side agreement. Councilor Benson seconded the motion and the
motion,carried unanimously.
Mayor Report:
Mayor Reynolds announced he attended the CAST meeting.
Town Attorney Report:
Attorney Dunn informed he just spoke with Bruce Chapman. Mr.
Chapman spoke with Mr. Pensabean. Mr. Penssabean has agreed with
everything and is ready to sign the power of attorney tomorrow.
Other Business:
Councilor Carnes asked if a county commissioner candidate's
statement - the Town had been given instructions from the County
Attorney's office recommending the Town no longer sign any
governmental agreements - was correct. Attorney Dunn stated it
didn't make any sense - the County Attorney does not recommend to
the Town.
Consent Agenda:
a.) Approval of the October 8, 1996 Council Meeting Minutes
b.) MK Centennial Engineering/Engineering Services Agreement
on Roundabouts/Ratification of Technical Services Agreement
c.) Resolution No. 96-44, Series of 1996, A RESOLUTION ADOPTING
AN INVESTMENT POLICY
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d.) , Resolution No. 96-45, Series of 1996,,A RESOLUTION ADOPTING
A POLICY REGARDING THE ROLES AND RESPONSIBILITIES OF THE
FINANCE COMM]:TTEE
e.) Change Order: #2 & #3 for Street Improvements
f.) Ourston & Doctors Roundabouts Design Agreement
g.) Financial Matters
Councilor Yoder motioned to approve the Consent Agenda.
Councilor'Benson :seconded the motion and the motion carried
unanimously.
Adjourn:
There being'no further business to come before Council, Mayor
Reynolds called for a motion to adjourn. Councilors Benson and
Fawcett moved to adjourn. The motion was seconded by Councilor
Yoder. The meeting was adjourned by Mayor Reynolds at 6:47 PM.
RESZECTFULLY SUBMITTED:
Patty Lamb
Town Clerk
APPROVED :
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CMC