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TC Minutes 11-22-2005MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD NOVEMBER 22, 2005 A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at 5:30 PM. A roll call was taken and Council members present were Debbie Buckley, Kristi Ferraro, Mac McDevitt, Amy Phillips, Brian Sipes and Tamra Underwood. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Town Clerk Patty McKenny, Finance Director Scott Wright, Town Engineer Norm Wood, Public Works / Transit Director Bob Reed, and Community Development Director-Tambi Katieb, as well as members of the press and public. Approval of Agenda The Smoking Ban Legislation would be included under Unfinished Business as carried over from the earlier work session. Disclosure of Potential of Conflict of Interest Town Attorney John Dunn asked if any member had ex parte communication regarding the application of CSC Land, LLC for the PUD amendment agenda item; members indicated they had none. Citizen Input Roger Benedict, owner of Rugs Benedict on Metcalf Road, addressed the Council with regard to the Comprehensive Plan, specifically that upon reviewing it he did not see any references to a policy on the "delivery of goods", a topic he thought should receive some attention in the document. It was agreed that this issue should be addressed for not only the Metcalf Road area, but as it relates to all areas of the town. Ordinance Tambi Katieb, Community Development Director presented on first reading Ordinance No. 05- 12, Series of 2005, An Ordinance approving an Amendment to the Chateau St. Claire Planned Unit Development (PUD) for Lots 1 and 2, Chateau St. Claire Subdivision, Town of Avon, Eagle County, Colorado. It was noted that CSC Land, LLC proposes an amendment to the Chateau St. Claire PUD, an amendment that would extend the vesting period and final completion date of the project. The current agreement calls for a certificate of occupancy to be issued no later than the second anniversary date of approval or no later than December 14, 2006. He noted that the Planning & Zoning Commission approved a resolution on November 1, 2005 approving the amendment and that this ordinance does require a public hearing. Town Attorney John Dunn acknowledged the Memo of Understanding ("MOU") agreed to on September 26, 2005, which extended the building permit for the Gates to 12/13/05, the next council meeting with the requirement that CSC adequately demonstrates funding to complete the project. Staff recommended Council approve this ordinance on first reading, and recommended the following conditions be included in the ordinance for second reading as follows: 1. Ordinance be effective January 10, 2006 if an only if the Town has received proof of funding of the proposed loan by U.S. Bank, the proof to be in the form of a copy of a recorded mortgage or deed of trust securing a loan in at least the amount of $36,179,397, 2. That funding must include a completion bond running in favor of the lender, 3. The amended and restated and accepted development agreement, which is under negotiation, will have to be complete at the time of second reading, and be attached to and incorporated into the ordinance by reference Dunn and staff recommended that before Council consider the ordinance on 2nd reading, the following must be met: 1. The town must have received a loan agreement between CFC Land, LLC and U.S. Bank, 2. The Loan agreement must include completion bond running in favor of U.S. Bank, 3. A development agreement must have been finally agreed to between the' Town & the developer, and that development agreement includes a satisfactory resolution of the potential impact of the change in unit mix from time-share to whole ownership. Again, it was noted that funding documentation must be received prior to consideration of second reading. Staff also noted that the $36M was the building construction total cited in documents related to the project. Chris Payne, Ballard, Spahr, Andrews & Ingersoll, representing CSC Land, LLC and Tim Barton spoke on behalf of the applicant, noting that the above items were indeed included in the conversations that had been taking place. Payne asked for procedural guidance on how to proceed with negotiating the final development agreement. He also noted that they should have the loan documents by 12/10/05, but that executed documents may not be executed by 12/13/05. Dunn noted that that raised a concern for the Town, as noted in the "MOU", (he cited the sections of the MOU), and noted that the building permit is slated to expire if the funding is not in place by 12/13/05. Discussion took place on some business points of the development agreement, as follows: 1. The affordable housing impact fee and if the project defaults the questions asked is what happens to those funds, will the funds be used for future housing projects or will the monies become unrestricted, 2. The Definition of "excusable delay", and the schedule should reflect completing the project as soon as possible, 3. Review remedies provision in order to work through any "nuclear threats" to the project CSC Land, LLC addressed the above 3 points noting their preferences to each. Dunn noted that the Town would not change any language with regard to the employee housing monies, they would become unrestricted funds, there would be no change to the language pertaining to excusable delays, but the Town would consider revising the language with regard to the remedies, subject to further negotiations and brought back to Council on 12/13/05. Councilor Buckley noted that an Executive Session would be in order after the meeting to discuss some possible "remedies". Some discussion ensued on the final deadline set for the project since two different dates were noted in the documentation; it was noted that March 30, 2008 was the outside and drop-dead date. Payne asked that Council consider a commitment letter as confirmation of funding; Dunn wasn't sure what a commitment letter meant. It was noted that December 15, 2005 was the lender's anticipated closing date. Mayor Wolfe opened the public hearing, no comments were made and the hearing was closed. Mayor Wolfe moved to approve on first reading Ordinance No. 05-12, Series of 2005, an Ordinance approving an Amendment to the Chateau St. Claire Planned Unit Development (PUD) for Lots 1 and 2, Chateau St. Claire Subdivision, Town of Avon, Eagle County, Colorado with the following conditions: 1. Ordinance be effective January 10, 2006 if an only if the Town has received proof of funding of the proposed loan by U.S. Bank, the proof to be in the form of a copy of a recorded mortgage or deed of trust securing a loan in at least the amount of $36,179,397, 2. That funding must include a completion bond running in favor of the lender, 3. The amended and restated and accepted development agreement, which is under negotiation, will have to be complete at the time of second reading, and be attached to and incorporated into the ordinance by reference Councilor Sipes seconded the motion and it passed unanimously with a roll call vote. Regular Council Meeting Page 2 of 4 November 22, 2005 Resolutions Scott Wright, Finance Director, presented Resolution No. 05-50, Series Of 2005, A Resolution Summarizing Expenditures And Revenues For Each Fund And Adopting A Budget For The Town Of Avon, Colorado, For The Calendar Year Beginning On The First Day Of January, 2006, And Ending On The Last Day Of December, 2006. He noted that this was action for final adoption of the proposed 2006 operating budgets. He highlighted some fund balances for each of the funds. Councilor Sipes moved to approve Resolution No. 05-50; Councilor McDevitt seconded the motion and it passed unanimously with a roll call vote. Scott Wright, Finance Director, presented Resolution No. 05-51, Series Of 2005, Resolution Summarizing Expenditures And Revenues By Fund And Amending The 2005 Budget For The Town Of Avon, Colorado, For The Calendar Year Beginning On The First Day Of January, 2005, And Ending On The Last Day Of December, 2005. He noted that this was action for final adoption of revised operating budgets for 2005. Councilor Ferraro moved to approve Resolution No. 05-51; Councilor Phillips seconded the motion and it passed unanimously with a roll call vote. Scott Wright, Finance Director, presented Resolution No. 05-55, Resolution Summarizing Expenditures and Revenues and Amending the 2005 Capital Projects Fund Budget for the Town of Avon, Colorado for the Calendar Year Beginning on the First Day of January 2005, and Ending on the Last Day of December, 2005. He noted that this was action for final adoption of revised CIP budget for 2005, including the RICD water rights application revisions to the budget & long-range plan. Some discussion ensued about how these changes impact future years and future council decisions. Councilor Sipes moved to approve Resolution No. 05-55; Councilor Ferraro seconded the motion and it passed with a four to one roll call vote (Buckley nay). Norm Wood, Town Engineer, presented Resolution No. 05-56, Series of 2005, Resolution Approving Final Plat for a Resubdivision of Lot 96, Block 1, Wildridge, Town of Avon, Eagle County, Colorado. He noted that Philip Matsen, owner of Lot 96, Block 1, Wildridge Subdivision, submitted a Final Plat to resubdivide Lot 96, Block 1, Wildridge Subdivision, Eagle County, Colorado. This is a Duplex Subdivision of a developed lot, creating Duplex lots 96A and 96B with a street address of 2360 Old Trail Road. Councilor Buckley moved to approve Resolution No. 05-56; Councilor Sipes seconded the motion and it passed unanimously with a roll call vote. Norm Wood, Town Engineer, presented Resolution No. 05-57, Series of 2005, Resolution approving amended Condominium Map of Avon Commercial Center, Level 2, A Resubdivision of Units 218 and 230, Avon Center at Beaver Creek, Town of Avon, Eagle County, Colorado He noted that Stuart Borne, owner of Units 218 and 230, has submitted a Third Amended Condominium Map of Avon Commercial Center Level 2, A Resubdivision of Units 218 and 230, Avon Center at Beaver Creek, Town of Avon, Eagle County, Colorado. He noted that this was an amended condominium map whereby the property owner requests approval to create or relocate walls within condominium units of the Avon Commercial Center. Councilor Buckley moved to approve Resolution No. 05-57; Councilor McDevitt seconded the motion and it passed unanimously with a roll call vote. Other Business Councilor McDevitt informed both council and the public that if anyone is interested in ringing the bell on behalf of the Salvation Army to call Dave Pierce at 926-4575. Regular Council Meeting Page 3 of 4 November 22, 2005 Unfinished Business Town Manager Larry Brooks presented this topic; the council packet included draft legislation from Eagle County. He noted that the County's ordinance is slated to go before the Commissioners on January 6, 2006. He reviewed a couple business points of the draft. Council asked staff to obtain some information on policies of the lodging industry / timeshare lodging on this topic. Discussion ensued on including spaces such as outdoor areas, parks, ski lifts, ski lines, nursing homes, etc. Town Manager Report Consent Agenda Mayor Wolfe asked for a motion on the Consent Agenda below. Councilor Sipes moved to adopt the consent agenda; Mayor Pro Tern Underwood seconded the motion and it passed unanimously. a. Minutes from November 8, 2005 Regular Council Meeting b. Resolution No. 05-54, Resolution Amending Resolution 05-13 to allow the Appointment of Karen Nagel to the Historical Preservation Committee in the Town of Avon, Eagle County, Colorado c. Renewal of Hotel and Restaurant Liquor License for Vail Valley Mexican Foods, LLC d/b/a Agave, 106 W. Beaver Creek Blvd., Avon d. Renewal of Tavern Liquor License for NOVA Entertainment, LLC d/b/a Loaded Joe's, 82 E. Beaver Creek Blvd, Avon e. Engagement Letter with Sherman & Howard, RICD Application f. Eaglebend Drive Streetscape Improvements - Inter-Mountain Engineering, Ltd. Proposal for Additional Services g. Parking Lot Service Agreement with Beaver Creek Metro District There being no further business to come before the Council, the regular meeting adjourned at 7 PM. Councilor Sipes moved to convene into Executive Session for a discussion with the town attorney pursuant to CRS 24-6-402(4)(b), conference with attorney for the local public body for the purpose of receiving legal advice on specific legal questions, another brief discussion about the Gates project. Councilor McDevitt seconded the motion and it passed unanimously. The executive session adjourned at 7:15 PM. RESPECTFULLY SUBMITTED: Patty McKenn , To n Clerk APPROVED: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwooc Ron Wolfe Regular Council Meeting November 22, 2005 Page 4 of 4