TC Minutes 09-22-1998MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD SEPTEMBER 22, 1998 - 5:30 PM . ,
A regular meeting 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 Jack Fawcett at 5:35 PM. A roll call was
taken with Councilors Jim Benson, Richard Carnes, Bob McIlveen; Buz Reynolds, Sr.,
Buz Reynolds, Jr., and Mayor Protem Judy Yoder present. Also present were Town
Manger Bill Efting, Town Attorney John Dunn, Assistant Town Manager Larry Brooks,
Town Clerk Kris Nash, Community Development Director Mike Matzko, Town Engineer
Norm Wood, Public Relations Specialist Kristin Kenney-Williams, Public Works
Superintendent Bob Reed, and Planner George Harrison as well as members of the press
and public.
Citizen Input:
New Split Rail Fence Around Nottingham Park
Mayor Fawcett announced Darrel Cooter was to make a presentation, but has become ill
and will not be here.
Citizen Input:
Introduction of Jen Brown, Interim Executive Director of Chamber of Commerce and
James Thomason, President of Chamber of Commerce
Mr. Thomason stated Kate Carey, current executive director of the Chamber, is leaving
the Chamber. Jen Brown has been appointed acting executive director. The position is
being advertised. Ms. Brown stated she is available for any questions the Council may
have.
Ms. Brown also announced the Chamber of Commerce annual dinner is October 4' at
Four Eagle Ranch.
Ordinances:
First Reading of Ordinance No. 98-14, Series of 1998, AN ORDINANCE
CONCERNING THE ANNEXATION TO THE TOWN OF AVON, COLORADO (THE
"TOWN'), OF CERTAIN PROPERTY AS DESCRIBED IN THE VILLAGE AT
AVON PETITION FOR ANNEXATION NO. 1 (THE "PETITION FOR
ANNEXATION")
First, Reading of Ordinance No. 98-15, Series of 1998, AN ORDINANCE
CONCERNING THE ANNEXATION TO THE TOWN OF AVON, COLORADO (THE
"TOWN" OF CERTAIN PROPERTY AS DESCRIBED IN THE'VILLAGE AT
AVON PETITION FOR ANNEXATION NO.2 (THE "PETITION: FOR
ANNEXATION")
FirstReading of Ordinance No. 98-16, Series of 1998, AN ORDINANCE APPROVING
THE PLANNED UNIT DEVELOPMENT PLAN AND DEVELOPMENT
STANDARDS (THE PUD PLAN) FOR THE VILLAGE AT AVON WHICH
ESTABLISHES THE ZONING FOR THOSE LANDS ANNEXED TO THE TOWN OF
AVON, COLORADO, AS DESCRIBED IN THE ATTACHED EXHIBIT "A", AND
APPROVING A SITE SPECIFIC DEVELOPMENT PLAN ESTABLISHING A
VESTED PROPERTY RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S.,
TOWN OF AVON, EAGLE COUNTY, COLORADO
First Reading of Ordinance No. 98-17, Series of 1998, AN ORDINANCE APPROVING
THE ANNEXATION AND DEVELOPMENT AGREEMENT (THE "AGREEMENT")
BETWEEN THE TOWN OF AVON (THE "TOWN") AND EMD LIMITED
LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY, PVRT
NOTT I LLC, A COLORADO LIMITED LIABILITY COMPANY, PVRT NOTT II
LLC, A COLORADO LIMITED LIABILITY COMPANY AND PVRT NOTT III LLC,
A COLORADO LIMITED LIABILITY COMPANY (COLLECTIVELY, THE
"OWNER") CONCERNING ANNEXATION OF THE LANDS DESCRIBED IN THE
VILLAGE AT AVON PETITIONS -FOR ANNEXATION NUMBERS 1 AND 2
(COLLECTIVELY, THE "ANNEXATION PETITIONS") AND ORDINANCES
NUMBER 98-14 and 98-15 (COLLECTIVELY, THE "ANNEXATION
ORDINANCES") AND CONCERNING THE DEVELOPMENT RIGHTS AND
RESPONSIBILITIES OF THE TOWN AND THE OWNER WITH RESPECT
THERETO;1AND AUTHORIZING AND INSTRUCTING THE MAYOR OF THE
TOWN OF AVON TO SIGN THE AGREEMENT ON BEHALF OF THE TOWN; AND
APPROVING A SITE SPECIFIC DEVELOPMENT PLAN ESTABLISHING A
VESTED PROPERTY RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S.,
AS AMENDED
Mayor Fawcett stated this is the first reading of the ordinances and; therefore, it is not a
public hearing. Attorney Dunn was asked to educate all those in attendance of the reason
for first reading and why it is not a public hearing.
Town Attorney Dunn stated the Town's Planning & Zoning Commission (P&Z)
recommended approval of Ordinance No. 98-16 on September V regarding the planned
unit development plan with certain conditions. The Town's planning and zoning code
states any recommendations by the P&Z with respect to proposed rezoning must be
reviewed by the Council and acted upon within 30 days of the recommendation by P&Z.
At the last regular Council meeting the applicant of that ordinance requested it be tabled
for 2 weeks so the 30 day period is extended by 14 days so Council actually has 44 days
to act on the recommendation by the P&Z. Council must consider Ordinance No. 98-16
on second reading at the regular meeting on October 13. In order to do so, Council needs
to adopt the ordinance on first reading at this time. Ordinances 98-14, 98-15 are
conditional'upon approval of the zoning. They must be considered tonight and go to
second reading on October 13 also. Ordinance 98-17, the development agreement, is tied
into the annexation and. the approval of the PUD and; therefore, needs to be adopted by
Council on first reading So all four ordinances as a package can move forward to second
reading on October 13. " Attorney Dunn stated first reading is just procedural to get the
matter before the Council with final decision before Council on October 13.
Mayor Fawcett stated because it is not a public hearing he would like to limit the
comments to those that have not yet spoken or have something new to comment.
Mr. John Dwight read a letter from Jimmie Heuga expressing his support for the Village
at, Avon project.
Mr. Ron Brave, resident of Edwards and representative of the Eagle Valley Homebuilders
Association. stated the Association is in favor of the project. They feel it is a well thought
out and needed project in this valley that fits in the town. He urges Council to show their
support and vote in favor of the project.
Mr. Brian Nolan, resident of Avon and business owner in Beaver Creek, stated the master
plan for both Eagle County and Avon states this is exactly the type of development this
area specifies in the plans. He feels, the burden of employee housing should not be put on
one person; there won't be a traffic problem; there is open space everywhere in the
County; revenue sharing is a good way to go; the interchange on I-70 must be done;
Council needs to know the facts; Council must vote for the good of the Town. What
0
•
happens if this project does not get passed through the Town and goes back to the
County?
Mr. Rick Mueller of Singletree stated his concern is the traffic and the timing the
interchange will be put in on I-70. He stated he spoke with Department of Transportation
employees who stated the fastest they ever heard of an interchange being put in was
eleven years. The Town needs some guarantees the interchange will be put in.
Mr. Brian Widell, resident of Edwards and works in Avon, stated this is a well planned
development that he highly endorses and hopes the Council does so too.
Father Ed Poehhmn, representing the Catholic parish and St. Claire of Assisi in Edwards,
supports the applicant and feels they are doing a good job with the housing situation.
Mr: Peter Zent; resident of Edwards, is in favor of the project and Mr. Forstmann is doing
a great job with the number of employee housing units. He feels the developer has cut
back on the commercial space adequately.
Mr. Seth Marks, resident of Beaver Creek, feels it is a good project that offers a good
plan. - He would not like to see it go back to the County.
Mr. Jason Denhart, resident of Avon, stated this is not the right development because it is
too big and too dense. He is upset by the big open lots for the wealthy and the rest of the
people get crammed into a couple hundred acres stacked on top of each other. He is
concerned about the water treatment plant because it cannot handle the amounts it has to
deal with now.
Mr. Mike Perkin, resident of Eagle-Vail, stated he would rather see the development on
the valley floor than in the mountains. He believes the density should be in the I-70
corridor bottom lands.
Mr. George Mongon, CEO of Steadman Hawkins, is in favor of the project and
encourages the Council to vote in favor of the project.
There being no further comments, Mayor Fawcett asked for action from the Council.
Councilor Benson motioned to approve on first reading Ordinances 98-14, 98-15, 98-16,
and 98-17, Series of 1998. Councilor McIlveen seconded the motion.
Councilor Carnes questioned where the applicant stands on the issues that the Planning &
Zoning Commission has stated in their recommendation.
Mr. Peter Jam r, representing the applicant, commented on the 15 conditions made by the
P&Z Commission for approval. They have worked with the staff and have come to an
agreement on all but three of the conditions. The applicants have agreed that the design
review guidelines will be submitted to the Town for their review and approval. The three
that we are in disagreement on are 1) the extension of Swift Gulch Road to the
interchange, which they are working on a compromise 2) the request to delete lots 1
through 5 of the plan. We have agreed to delete lots 1 and 5, but leave lots 2 through 4.
Staff feels it is an environmental and wildlife sensitive area because of the pond 3)
Calculation of commercial floor area, whether or not the thickness of the outside walls of
the buildings are counted as floor area.
Community Development Director Mike Matzko stated that there are details on all of the
conditions, but they have reached a general agreement. Regarding the housing issue and
the appreciation cap, the applicant proposes 5 we want 3. They have agreed to sign a
master housing agreement, which we feel is one of the largest issues. Regarding
removing the lots, the area is a lush valley and any house put in will be great for the
homeowner, but bad for the valley. As a complete system, the valley makes a logical unit
3
to keep in tact. It will be a private pond for the homeowners if homes are built there. Mr.
Matzko suggested the Council take a site tour.
Mayor Protem Yoder asked Mr. Matzko his stand on the Urban Land Institute (ULI)
definition of gross leasable area versus the applicant. Mr. Matzko stated the ULI is a
clearing house for-informatiori for development. It is the leading authority on nationwide
development information. They include the outside walls in their model zoning code to
build in a cushion.
Mayor Protem Yoder stated she is concerned that we had a public meeting on September
2°a and heard over and over that people had problems with access, revenue sharing, size
and density, and does not feel those have been adequately addressed. She wants to see
these passed on first "reading to see if we can come to anything in the next three weeks,
but at this point she is not looking positively toward it on second reading.
Mr. Bill Post, representing the applicant, stated we have been working very hard with the
Town staff on the PUD and to answering the 15 issues that P&Z came up with. We have
listened to the citizens and are doing our best to contact everyone concerned so they can
understand the project, the funding, the size, etc. We would then like to request a,public
worksession with the Council before the final hearing. We have put ads in the
newspapers for people to contact us about their concerns and to educate them. We have
also sent notices out to every registered voter in the town.
Mayor Fawcett asked for a roll call.
The motion carried unanimously.
Ordinances:
Second'Reading of Ordinance No. 98-19, Series of 1998, AN ORDINANCE
AMENDING CHAPTER 2.24 OF THE MUNICIPAL CODE OF THE TOWN OF
AVON RELATING TO THE PERSONNEL MERIT SYSTEM
Mayor Fawcett stated this is a public hearing.
There being no comments, Mayor Protem Yoder motioned to approve on second reading
Ordinance No. 98-18, Series of 1998. Councilor Reynolds, Jr. seconded the motion.
Mayor Fawcett asked for a roll call.
The motion carried unanimously.
Resolutions:
Resolution No. 98-56, Series of 1998, A RESOLUTION OF THE TOWN OF AVON,
EAGLE COUNTY, COLORADO APPROVING THE CONSOLIDATED SERVICE
PLAN FOR CONFLUENCE METROPOLITAN DISTRICT AND AVON STATION
METROPOLITAN DISTRICT
Mayor Fawcett stated this is a public hearing.
Mr. Gary White, representing the applicant, gave to the Town Clerk copies of publishers
affidavits and certificates of mailing of notices, and a copy of the errata sheet provided to
Council earlier today and requested be made part of the record. Mr. White stated a
service plan dated September 4 was submitted and requested this heari ng. That service
plan has,been modified as of September 21 (black line draft) and request the black line
draft be made part of the record as well as the errata sheet. We are requesting approval of
the September 4 service, plan as modified by the September 21 draft and the errata sheet.
0 4 0
i 0
We are proposing the formation of two districts. They will service the Avon Station area
and the Confluence area that was conditionally annexed last month based on a detailed
development agreement being negotiated and executed by October 31. We request that
the service plans be approved on that same condition. Following that date, the service
plan will be amended to conform with the development agreement. We believe the plan
meets the technical requirements of the statute, we also acknowledge that the plan will
need amendment. The process for amendment will be that following execution of the
development agreement we will again tender a service plan in a modified form
conforming with that development agreement. There will again be publication of notice
and full hearings on the matter. We are requesting approval of the service plan
conditioned upon execution of the development agreement by October 31 and then
conditioned upon amendment of the service plan thereafter. Upon successful approval
tonight, a reformatted version will be forwarded to Attorney Dunn containing the changes
in the September 21 draft and the errata sheet as well as any changes requested at
tonight's hearing.
Mayor Fawcett asked Attorney Dunn if the resolution enables Council to do all of the
future amendments as indicated by Mr. White. Attorney Dunn stated it would after
Councilmember Yoder amends it.
Mayor Protem Yoder motioned to approve Resolution No. 98-56, Series of 1998, with the
following change: page two, number two to read - The Town Council of the Town of
Avon, Colorado does hereby approve the consolidated service plan for Confluence
Metropolitan District and Avon Station Metropolitan District as submitted conditioned on
execution of a development agreement for the property within the districts by October 31,
1998 and amendment of the service plan to conform to the development agreement.
Councilor Benson seconded the motion. Councilor McIlveen stated he would abstain
from the vote.
The motion carried unanimously.
Resolutions:
Resolution No. 98-59, Series of 1998, A RESOLUTION IN APPRECIATION OF
ANDREW KAROW
Mayor Fawcett read the Resolution in full.
Mayor Fawcett asked for any comment. There being no comment, Mayor Fawcett asked
if all Council was if favor. All Council was in favor and the Resolution passed
unanimously.
Resolutions:
Resolution No. 98-60, Series of 1998, A RESOLUTION APPROVING THE
PRELIMINARY PLAT, CONDOMINIUM MAP, LODGE AT BROOKSIDE, A
RESUBDIVISION OF LOT 2, BROOKSIDE PARK AMENDMENT II, TOWN OF
AVON, EAGLE COUNTY, COLORADO
Mayor Fawcett stated this is a public hearing.
Councilor Benson motioned to approve Resolution No. 98-60, Series of 1998. Mayor
Protem Yoder seconded the motion.
The motion carried unanimously.
5
Unfinished Business:
Councilor Reynolds, Jr. questioned the list for delinquent assessments for Wildridge. It
was confirmed that they were on the list because they have not yet paid the annual
assessment included in the property taxes.
Town Manager Report:
Town Manager Efting reported that flyers were hand delivered today for the September
25, 1998 meeting in Wildridge and park dedication.
Consent Agenda:
a.) Approval of the September 8, 1998, Council Meeting Minutes
b.) Resolution No. 58, Series of 1998, A RESOLUTION CERTIFYING
DELINQUENT ASSESSMENT PAYMENTS FOR LOCAL
IMPROVEMENT DISTRICT NO. 1990-1 (WILDRIDGE SPECIAL
IMPROVEMENT DISTRICT) FOR COLLECTION BY EAGLE
COUNTY TREASURER
c.) Resolution No. 98=61, Series of 1998, A RESOLUTION APPROVING
THE FINAL PLAT, CONDOMINIUM MAP, LODGE AT BROOKSIDE,
A RESUBDIVISION OF LOT 2, BROOKSIDE PARK AMENDMENT
II, TOWN OF AVON, EAGLE COUNTY, COLORADO
d.) Agreement with Vail Resorts Development Company for Reimbursement
to Town of Avon
e.) Change Order # 29 1998 Street Repair and Improvements / Swift Gulch
Road
f.) Financial Matters
Mayor Protem Yoder motioned to approve the Consent Agenda. Councilor McIlveen
seconded the motion. The motion carried unanimously.
There being no further business to come before the Council, Councilor Benson motioned
to adjourn the meeting. Mayor Protem Yoder seconded the motion. The motion carried
unanimously. The meeting was adjourned at 7:30 PM.
Y SUBMITTED:
0 0
Town Clerk.
APPROVED: