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TC Minutes 11-23-2004MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD NOVEMBER 23, 2004 A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon, Colorado in the Council Chambers. The meeting came to order with the Town Clerk reading the list of newly elected Council Member as Kristi Ferraro, Amy Phillips, and Tamra Nottingham Underwood. Other Council members present were Debbie Buckley, Mac McDevitt and Ron Wolfe: Brian Sipes was absent. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Finance Director Scott Wright, Police Chief Jeff Layman, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works / Transit Director Bob Reed and Senior Planner Eric Heidemann as well as members of the press and public. The Honorable Judge Buck Allen asked that the new members repeat the "Oath of Office" and Kristi Ferraro, Amy Phillips, and Tamra Nottingham Underwood were sworn in as Avon's new council members. The first order of business was to elect a ,temporary chairman; a motion was made by Debbie Buckley to nominate Mac McDevitt. The motion was seconded and passed unanimously by those members present (Sipes absent). At this time each Council member noted reasons as to whether or not he/she were interested in the mayoral position, and if so why and what he/she could bring to the position. Ron Wolfe, Mac McDevitt and Debbie Buckley all expressed interest in the position. The ballots were counted and the Town Clerk announced that Ron Wolfe would be Avon's Mayor. Mayor Wolfe then thanked everyone, made some brief opening comments and then proceeded to the topic of selecting a Mayor Pro Tem. Mac McDevitt, Tamra Underwood and Debbie Buckley expressed interest in the position. The results of the votes cast for Mayor Pro Tem are as follows: Mayor Pro Tem Selection Debbie Buckley Mac McDevitt Tamra Underwood 1 st Ballot Count: Two Votes One vote Two votes 2"d Ballot Count: Two Votes Three votes Town Attorney Dunn again noted that four votes are required for this selection and the Charter is very clear about the Mayor not having a vote in this matter (he indicated that this is somewhat of a flaw considering the situation at hand). An alternative might be to defer this decision until the next meeting. Councilor Phillips moved to table the election of the mayor pro tern until all members of Council are present. The motion was seconded and passed unanimously by those members present (Sipes absent). Resolutions Town Attorney Dunn presented Resolution 04-38, Series of 2004, Reappointing C.G. Allen, III as Municipal Judge. Per the Town's Charter this action is required once a new council is seated. Councilor D. Buckley moved to approve Resolution 04-38 Reappointing C.G. Allen, III as Municipal Judge; Councilor McDevitt seconded the motion and it passed unanimously by those members present (Sipes absent). Mayor Wolfe expressed appreciation on behalf of the Town for the years of public service of the outgoing members by reading Resolution No. 04-44, A Resolution in Appreciation of Albert D. Reynolds, Resolution No. 04-45, A Resolution in Appreciation of Michael Brown, Resolution No. 04-47, A Resolution in Appreciation of Peter Buckley. Councilor Buckley moved to approve Resolution No. 04-44 in appreciation of Buz Reynolds; Councilor McDevitt seconded the motion and it passed unanimously by those members present (Sipes absent). Councilor Buckley moved to approve Resolution No. 04-45 in appreciation of Michael Brown, Councilor Phillips seconded the motion and it passed unanimously by those members present (Sipes absent). Councilor McDevitt moved to approve Resolution No. 04-46 in appreciation of Peter Buckley, Councilor Underwood seconded the motion and it passed unanimously by those, members present (Sipes absent). Ordinances Senior Planner Eric Heidemann presented Ordinance No. 04-20, Series of 2004, First Reading, An Ordinance Providing for the Amendment of Ordinance No. 98-6, Amending the Chateau St. Claire PUD Development Plan and Development Standards, Lot 1 and 2, Chateau St. Claire Subdivision, Town of Avon, Eagle County, Colorado. He noted that the applicant, Parkhill-lvns Architects, representing the owners of the Chateau St. Claire PUD (aka the Gates on Beaver Creek) proposes an amendment to the Chateau St. Claire PUD (Ordinance No. 98-6). The proposed amendments includes the removal of the 6 deed restricted housing units as required by Ordinance 98-6 to be replaced by 3 fractional ownership units. He noted that the applicant agrees to enter into a development agreement with the Town which will include the following: 1. Payment of an in-lieu fee (impact fee) of $100,000 to the Town of Avon's Affordable Housing Program; 2. Establishment of a time share amenity fee; 3. 1 An agreement that should a certificate of occupancy not be issued by the second anniversary of the effective date (2006), the Town will retain a $60, 000 cash deposit; the building permit shall be cancelled and no further development shall be permitted under existing approvals (i.e. all approvals will be null and void, including the PUD and the Design Review approvals). He highlighted the enclosures in the council packet and noted that Planning & Zoning recommended approval with some conditions also outlined in the memo. Further discussion ensued on the fractional ownership concept, the possible need to include a clause on "property liens", how the agreement would be enforced, and the possibility of including a collateral assignment. Town Attorney Dunn noted that the Town and the developer were already discussing some revisions to the agreement. He proceeded to outline some of the changes, i.e. including the revision to add more security, revise language in CPI calculation, and include temporary certificate of occupancy rather than final certificate of occupancy. A question was asked about the $100,000K to be paid to Avon's Affordable Housing and Town Manager Brooks commented that his recommendation would be to forward that money to the EagleBend Affordable Housing Corporation to make capital improvements to the EagleBend apartment buildings. Ultimately the Town Council would vote on where the monies would be spent. Applicant Mike Stomello, architect for the project, addressed Council with regards to the submittal and what benefits exist for the Town. Councilor Buckley moved to approve Ordinance No. 04-20, an Ordinance Providing for the Amendment of Ordinance No. 98-6, amending the Chateau St. Claire PUD Development Plan and Development Standards, Lot 1 and 2, Chateau St. Claire Subdivision noting that she would prefer to spend money on existing affordable housing projects. Councilor Phillips seconded the motion and it passed unanimously with a roll call vote by those members present (Sipes absent). A public hearing would be held at the next meeting on December 14, 2004. New Business Senior Planner Eric Heidemann presented the appeal of the Carwash Building Permit Extension for the applicant Steve Grow for the property described as Lot 30, Block 1, Benchmark at Regular Council Meeting Page 2 of 3 November 23, 2004 Beaver Creek Subdivision, 710 Nottingham Road. He reviewed the Council packet materials noting the letter dated November 12, 2004 submitted by Steve Grow making the request for the appeal. The historical dates of the application were reviewed, with the reminder that the original permit was issued in June 2003, and the first extension in December 2003. Both Steve Grow and John Perkins, architect, addressed Council with the reasons behind the request, noting that some of the delays were related to town staff. After some discussion about the lack of activity on this site and possible restoration methods, a motion was made by Councilor McDevitt to deny the appeal request to extend the building permit. Councilor Buckley seconded the, motion and it passed unanimously by those members present (Sipes absent). Town Manager Report It was noted that the Town offices would be closed on Thursday & Friday for Thanksgiving Holiday. Mayor Wolfe thanked Assistant Town Manager Jacquie Halbumt for compiling the orientation packet for new council members. Town Attorney Report Town Attorney John Dunn noted that nothing has been done regarding the Lot 61 litigation. It was noted that the recent buyers were no longer interested and that the current owners do not seem interested in moving forward,with the development. Mayor Report Mayor Wolfe noted that a liquor board meeting would immediately follow this meeting. Consent Agenda Mayor Wolfe asked for a motion on the Consent Agenda. It was determined that the three current members would vote on the minutes. Councilor Buckley moved to adopt the consent agenda; Councilor McDevitt seconded the motion and it passed unanimously with Buckley, McDevitt and Wolfe voting yea. a. Minutes from November 9, 2004 Meeting There being no further business to come before the Council, the meeting adjourned at 6:45 PM. RWECgUI~Y SUBMITTED: Patt Kenny, Tow k APPROVED: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting November 23, 2004 J- Page 3 of 3