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TC Minutes 11-11-2012MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD SEPTEMBER 11, 2012 A regular meeting of the Town of Avon, Colorado was held at the Avon Town Hall, One Lake Street, Avon, Colorado in the Council Chambers. Mayor Carroll called the meeting to order at 5:50 PM. A roll call was taken and Council members Present were Dave Dantas, Chris Evans, Kristi Ferraro, Todd Goulding, Amy Phillips and Buz Reynolds. Also present were Town Attorney Eric Heil, Acting Town Manager Patty McKenny, Town Advisor Larry Brooks, Finance Director Scott Wright, Director PW &T Jenny Strehler, Deputy Town Clerk Catherine Mythen, as well as other staff members and the public. APPROVAL OF AGENDA Mayor Carroll added two items to the Community and Citizen Input as follows: (A) Melissa Rewold Thuon, Principal from Avon Elementary School, and (B) Update on the Eagle Valley Land Exchange. COMMUNITY & CITIZEN INPUT ✓ Melissa Rewold — Thuon, Principal, noted that Avon Elementary school was recognized by the National Blue Ribbon Schools program as a school of excellence in America. ✓ Scott Turner introduced himself as a candidate running for District Attorney in the fifth Judicial District. ✓ Jeff Layman introduced himself as running for Eagle County Commissioner in the November election. ✓ Mayor Carroll gave a brief update on the Eagle Valley Land Exchange noting that the open space advisory committee met and recommended that the Eagle County Commissioners fund up to $5.3 Million for the land transactions. He noted that the Town Council would be considering the approvals of some exchange documents in the near future. CONSENT AGENDA a. Minutes from August 28, 2012 Mayor Carroll asked for a motion on item (a) on the Consent Agenda. Councilor Evans moved to approve the minutes from August 28 2012; Councilor Reynolds seconded the motion and it passed unanimously by those present. (Goulding abstained) b. Agreement to Release Second Deed of Trust and Replace Amended and Restated Promissory Note with Second and Amended and Restated Promissory Note (Eric Heil, Town Attorney) Revised paperwork related to Housing Down payment Assistance Program Mayor Carroll asked for a motion on item (b) on the consent agenda. Councilor Dantas moved to approve the Agreement to Release Second Deed of Trust and Replace Amended and Restated Promissory Note with Second and Amended and Restated Promissory Note; Councilor Phillips seconded the motion and it passed unanimously by those present. RECOMMENDATIONS OF PLANNING & ZONING COMMISSION a. Public Hearing on a Preliminary PUD Application for the Brookside Park PUD (Jared Barnes, Planner 1) Owner Riverview Park Associates application submittal for a request to modify the list of permitted uses for Lot 1, Brookside Park PUD, to permit up to twenty-four (24) residential dwelling units in place of existing office uses. Jared Barnes, Planner I, presented the preliminary PUD application for the Brookside Park PUD. The applicant requested to modify the list of permitted uses for Lot 1, Brookside Park PUD, to permit up to twenty -four (24) residential dwelling units in place of existing office uses. He gave a brief review on the application. He noted that the proposed PUD Amendment to allow for potential conversion of the Brookside Center building from commercial to residential is in compliance with both the intent and regulations of the Avon Town of Avon Development Code and the Town of Avon Comprehensive Plan. Frank Navarro, owner representing Riverview Park Associates, gave a presentation on the preliminary PUD amendment application. The review criteria were outlined in the memo and there was some discussion about "public benefit "; it was noted that the applicant satisfied this criteria with its original application. There was some concern from council members about the elimination of the commercial spaces in the project. Mayor Carroll opened the public hearing, no comments were heard and the hearing was closed. Councilor Reynolds moved to approve the Preliminary PUD Application for the Brookside Park PUD Councilor Evans seconded and the motion failed. (Reynolds, Evans, Goulding - eay;Carroll, Ferraro, Dantas, Phillips - nay). Further dialogue ensued about public benefit, and several councilors asked the applicant to address this concern. Councilor Ferraro moved to continue the public hearing on the Preliminary PUD Application for the Brookside Park PUD to September 25`h, with a request that the applicant work with town staff to include some public benefits for the project; Councilor Phillips seconded the motion and it passed with a four to three vote (Carroll, Dantas, Ferraro, Phillip - yea) (Evans, Reynolds, Dantas -- nay). a. Public Hearing on Ordinance No. 12 -10, Series of 2012, First Reading, Ordinance Implementing Settlement Term Sheet to Resolve Pending Litigation on 2008 CV 385 and 2010 CV 316; Approving the Consolidated and Restated Annexation and Development Agreement; Approving an Amendment to Village (at Avon) PUD; Approving Amendments to Chapter 18 of Avon Municipal Code; and Taking such other Actions as Set Forth Herein to Implement the Settlement Term Sheet (The topic for review includes the PUD Guide v16, the Final PUD Application for a Mixed Use Development known as the Village at Avon related to Implementation of the Settlement Term Sheet dated October 7, 2011 entered into by Town of Avon, BNP Paribas, Traer Creek Metropolitan District, Traer Creek LLC, Traer Creek - RP LLC, Traer Creek Plaza LLC, EMD Limited Liability, Traer Creek -HD LLC and Traer Creek -WMT LLC) Eric Heil, Town Attorney, gave a brief overview of the process noting that there would be a presentation from Town staff, presentation by the applicant, presentation by the school district, some discussion and then a public hearing. The following people commented: ✓ Marcus & Michael Lindholm, Traer Creek LLC, spoke on behalf of the project. ✓ Harvey Robertson of RMT Architects, representing the applicant gave a brief presentation on planning areas A & D. • Brandi Caswell, Faegre Baker Daniels, representing BNP Parribas Bank, introduced Ford Frick with BBC Research & Consulting who made some comments. • Ford Frick, Managing Director of BBC Research & Consulting, spoke about resort development economics, and the benefits of development to the community, etc. ✓ Tom Braun, Braun and Associates, representing the Eagle county School District gave a presentation about the proposed school dedication and future student projections. There was a request to wait until a future date to make decisions about school land dedication in light of the Regular Council Meeting Page 2 of 4 Minutes 12.09.11 district not yet needing land and the fact that there are so many other project issues facing the town council. Mayor Carroll opened the Public Hearing and the following comments were heard: ✓ Marcus and Michael Lindholm, developers, noted that they want to continue working with the neighbors, and that an email was sent to the residents on Hurd Lane addressing the issue regarding planting trees along the road. ✓ Tamera Underwood, resident, read a letter from Howard Levitt an Avon resident who was not present. She also commented on the following topics related to the Staff Reports, PUD Guide, the Subdivision Code, Master Developer, Commercial Uses, Industrial Uses, and Commercial Density. ✓ Mike Cassioppo, resident, commented on his support of the developer and the project and that the town needed to settle and commit to the earlier obligations made with the developer. ✓ Bette Todd commented that the process must continue to include the citizens, and that everyone needs to understand the documents. ✓ Walter Dandy, resident, had concerns with building heights. ✓ Carol Kruger, resident, addressed an email that was sent from Avon residents that was not in favor of the PUD guide and development of the project as written. ✓ Paul Maloney spoke about some concerns related to the fact that the plan is ambiguous ✓ Kristen Texler, resident, spoke about the need to support settling the disputes. ✓ Mary Bochain, resident, concerned about the lawsuits, and supports development, but need to understand what business will become part of the project ✓ Neil Masters, resident, spoke about the need to move forward ✓ Roger Wilkensen, resident, concerned about uses and heights ✓ Ron Wolfe, resident, spoke about confusion with the process The public hearing was closed. The council members made some comments and reiterated the need to have a complete package of final documents. There were some comments related to the need to have a package that only mirrors the settlement term sheet. The Mayor thanked the public for its input. The schedule was also reviewed for the next few meetings. Councilor Reynolds moved to approve continuing the Public Hearing on Ordinance No. 12 -10, Series of 2012, First Reading, Ordinance Implementing Settlement Term Sheet to Resolve Pending Litigation on 2008 CV 385 and 2010 CV 316; Approving the Consolidated and Restated Annexation and Development Agreement; Approving an Amendment to Village (at Avon) PUD; Approving Amendments to Chapter 18 of Avon Municipal Code; and Taking such other Actions as Set Forth Herein to Implement the Settlement Term Sheet to the September 25th Town Council meeting. Councilor Phillips seconded the motion and it passed unanimously. The public hearing was continued until the next meeting. Regular Council Meeting Page 3 of 4 Minutes 12.09.11 There being no further business to come before the Council, the regular meeting adjourned at 10:35 PM. APPROVED: Rich Carroll Dave Dantas Chris Evans Kristi Ferraro Todd Goulding Amy Phillips Albert "Buz" Reynolds RESPECTFULLY SUBMITTED: Catherine Mythen, Deputy Town Clerk Regular Council Meeting Page 4 of 4 Minutes 12.09.11