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TC Minutes 01-13-19870 0 MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD JANUARY 13, 1987 - 7:30 P.M. The 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 Allan Nottingham at 7:37 p.m. A roll call was taken with Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis present. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering/Community Development Norm Wood, Director of Public Works, Parks and Recreation Larry Brooks, Chief of Police Joe Olson, Consultant Jim Lamont, as well as, members of the press and public. The Mayor called for Citizen Input. Ted Martin, Managing Director of the Bud Light Mountain Man Triathlon, approached the Council. Mr. Martin updated the Council on the upcoming triathlon. He stated that there were approximately 78 to 80 competitors. He stated that they had just signed the number one triathlete in the world, Scott Molina, and also have signed the ABC Wide World of Sports contract with a tentative air date of March 7, 1987, which would be twenty to thirty minutes of programming on on Wide World of Sports. He thanked the Council for all of their support and help that they had given to the event over the years. Mr. Martin then presented the Council with a hat and a jacket which was donated by Northface, one of the triathlon sponsors. The Mayor and Town Councilmembers thanked Ted Martin. Next on the agenda was the discussion of the Nuclear Free Zone. Mr. Bob Taylor resident of Berry Creek approached the Council. Mr. Taylor, along with other area citizens, were showing their support for the declaration of Avon as a Nuclear Free Zone. Mr. Taylor stated that they would encourage the Council to seriously consider giving support to this matter, and the residents would work with the Council in any way they felt appropriate to examine the implications and potentials to take further action on this matter. The Mayor suggested that possibly a knowledgeable group or groups come in to speak to the Council. Councilwoman Harrison stated that if Council did anything, they should educate themselves to look into an answer. She stated that she does not like to be part of a problem, but that there should be a solution. Councilman Watkins stated that he would like to see some of the different alternatives that were included in the Peace March material, and to see what other alternatives, as far as, action the Council could take and have this information pressented to the Council. Councilman Watkins moved to direct the Town Manager to put together various alternatives, as far as, the language and types of action the Council could take to declare the Town of Avon a Nuclear Free Zone, and that they be presented to the Council at one of the next meetings for Council's consideration. The motion was seconded by Councilman Connell and was unanimously carried. Next on the agenda was the discussion and selection of a developer for the proposed shopping center for Avon. Scott Shenfeld, developer, approached the Council. Mr. Shenfeld stated that last spring he was recommended as the. preferred developer for the shopping center, but over the last few months, it had been open to other developers. He stated that the new group that he was associated with was even stronger than before. He stated that it was not clear as to why he was preferred earlier, and now the Town was asking for other developers to come in. He stated that he felt their financial capabilities have been presented to the Council by the fact that they were able to come through with the financing. He stated that they did not meet the closing date, but within a week, they had closed the deal, and they were ready to move ahead. He stated that they want to build a quality shopping center, and were not looking to build a parking lot where people could get lost. He stated that the group believes that they can get the rents, and get the tenants into the shops, and build a kind of center that people would want to go to. He stated that they were willing to do what they had to, to get the job done. The development group have done numerous Wal-Marts throughout the country. Mr. Shenfeld asked what the amount was that-had to be put up as far as good faith money, and what was refundable. Councilman Miller stated that it was $100,000 good faith, and $50,000 which would not be refundable. Mr. Shenfeld stated that his group was ready to put up that money, so they could move forward. The Town Manager stated that if the two parcels were used, the Town would put in the $1.8 million dollars. He stated that the recommendation to the Council was if they went with the 11.74 acres, the Town would put in the $1.8 million, and if the 6.33 acres were used, the Town would put in $1.5 million dollars. Mr. Shenfeld stated that the time table was,to start March 1, 1987, and that the completion date would be November 1, 1987. It was asked if the Shenfeld Group was willing to negotiate some kind of performance of getting the building completed in relation to sales tax that the Town would generate, or lose, if it was not completed by a certain date. The group agreed that they could negotiate a solution. Lester Colodny stated that they would be willing to negtoiate some kind of completion solution. He stated that they were ready to move on the project. -2- i • Ted Bendelow, developer, approached the Council. He stated that in regard to a time table, the construction schedule would be to start a time table, the construction schedule would be to start construction on November 1, 1987, and completing the project by October 1, 1987. They would then turn it over for tenant finish on October 1, 1987, allowing 45 days for tenant finish, and then would be opened by Thanksgiving. Mr. Bendelow stated that his group received bids from five contractors, that he himself was contacted by a local contractor who had submitted a package reflecting an interest. He stated that one of the five was from Grand Junction, and another had done some work here in Avon. He stated that they would prefer to select the General Contractor first, and then leave the selection of the sub-contractors to the General Contractor. He stated the building would be a 50,000 square feet Wal- Mart store with a 10,000 square foot option, and approximately 30,000 square feet of line shops. He stated that a proposal had been made by City Market for their expansion. He stated that the second parcel had been a devastating issue, and that is was not economical to go with that second parcel. Steve Simanski, also a developer, approached the Council. He too acknowledged the completion date by Thanksgiving. He stated that the Town would not put the $1.5 million in the project until the project was turned over, which would then generate revenue for the Town. He stated that however, if the building was not finished, the Town would not have to put in the $1.5 million dollars. He stated that he would be willing to negotiate as it would relate to the weather delays. He stated that their General Contractor had already generated a line schedule, which has been gone over with Arnie Ray and Bill James that has the building completed by Thanksgiving. Councilman Davis asked Carl Ownby, Mr. Ownby represents Wal-Mart, if there was any problem working with any one of the three developers that had been presented to the Council, in relation to his perimeters as Wal-Mart, and would they be willing to pay the square foot price. Carl Ownby stated that he had negotiated with the three developers that were presented to the Council. He stated that the question would be, who would the Town be comfortable with, and if the Town would be comfortable, Wal-Mart would have to make sure they would be also. He stated that the main objective would be for Wal-Mart to get open as quickly as possible, and under the terms that were originally made with Ted Bendelow. At that point, the Mayor called for further Citizen Input. Jon Brndiar, Postmaster for Avon, approached the Council. Mr. Brndiar had concern of the ongoing problem at the Avon Center. He stated that he has been trying to solve the problem of the ice on the roof and the sidewalks of the Center. He stated it is a dangerous situation and was concerned for the safety of the 1400 to 1500 people that come into the post office every day. Norm Wood stated that he had made contact with the Management Company of Avon Center and would follow up on this matter. It was requested that Norm Wood also check the sidewalks of the Christie Lodge. There seemed to be some concern of ice on the walks at that location also. -3- 0 The Mayor then referred back to the discussion of the shopping center. He stated that he was in favor of a closed session to discuss the selection of a developer for the shopping center. Councilman Connell moved to call an executive session to discuss the negotiations. The motion was seconded by Councilman Davis. Councilman Watkins stated that the Council heard from the developers in public and did not see why the Council could not comment in public. He stated that he didn't know what kind of adverse effect it would have on the Council if they would comment in public rather than in executive session. He felt that it was improper to call an executive session. Councilman Connell stated that there were still negotiations going on, and those negotiations could be held in executive sessions. The Mayor called for a vote on the motion. The motion carried with Councilman Watkins opposing. The Council recessed into executive session at 8:26 p.m and reconvened at 9:05 p.m. Councilman Davis.moved to accept staffs' recommendation as the Bendelow Group for the developer for the shopping center subject to some conditions. The second choice for a developer was Steve Simanski. The conditions were as follows; that within the next two weeks the Council would review the land contract negotiation, the lease with Wal-Mart, the financing, and review a site plan. The motion was seconded by Councilman Connell and was unanimously carried. Second reading of Ordinance No. 86-25, Series of 1986, AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON BY THE ADDITION OF SECTION 9.08.023 AS IT PERTAINS TO MENACING AND PROVIDING PENALTIES FOR VIOLATION THEREOF Councilman Miller moved approval of Ordinance No. 86-25, Series of 1986 on second reading. The motion was seconded by Councilwoman Harrison. The Mayor opened the meeting for public hearing. There being no one wishing to be heard, the Mayor closed the public hearing. Those Councilmembers voting aye were: Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis. There were no nay votes. The motion was unanimously carried. Second reading of Ordinance No. 86-27, Series of 1987, AN ORDINANCE AMENDING CHAPTER 3.32 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO COLLECTION OF AN LIABILITY FOR THE TAX ON THE USE OF TIME-SHARE UNITS AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. This was a public hearing. The Town Attorney stated that Ordinance 86-27 in respect to time-share unit use tax:;: was creating some negative waves. Mr. Dunn recommended that Council table the ordinance. He stated that he had conversed with the attorneys for the new management company for Christie Lodge. He stated that if the ordinance was adopted in the present form, it would possibly be,used to support an argument that the existing ordinance did not by any interpretation, impose liability on the Owners Association to collect the tax, or impose liability for the tax. He stated that there still was an issue of $40,000 of use tax in respect to Christie Lodge, and until that question was resolved, he did not want the proposed ordinance used in that fashion. There being no further discussion, the Mayor closed the public hearing. -4- Councilman Miller moved to table Ordinance No. 86-27, Series of 1986 on second reading. The motion was seconded by Council Watkins and was unanimously carried. Resolution No. 87-1, Series of 1987, A RESOLUTION APPROVING SKETCH PLAN FOR EAGLEWOOD SUBDIVISION AND ESTABLISHING GUIDELINES AND CONDITIONS FOR PRECEEDING TO PRELIMINARY PLAN Norm Wood.stated that the sketch plan for the subdivision of Parcel II of the Meyers Ranch Annexation had been submitted for review and approval. He stated that the sketch had been presented to the Planning and Zoning Commission for review, comment, and recommendation to the Council. The recommendation was that the site be determined to be suitable-:for the subdivision in accordance with the sketch plan as presented. It was stated that the applicant be directed to include a detailed drainage study addressing all site flows and that all appropriate drainage related easements and setbacks be clearly defined at the preliminary plan stage; that the area located along the Eagle River in the required 30 foot setback from the Mean Annual High Water Line; that the area between that, and the northern boundary of the property be defined as a separate tract from the two lots proposed with the subdivision; and that the allowed uses on this tract be stipulated as Public Open Space, Parks and Drainage, that the applicant consider dedicating this area to the Town for park land. Also that the 140 Residential Development Rights which were previously assigned through the zoning ordinance, be split between Lot 1 and Lot 2, such that, neither lot exceed 25 Development Rights per acre of which was allowed in the RHDC Zone District. He stated that the access to the lots would be subject to the Highway Department approval, and that any related information submitted with the sketch plan would not be a part of the approval. Tim Garton, owner of Lot 2, approached the Council. He stated that he was in favor of the 30 foot setback and the 30 foot uses be it, either a bike path or pedestrian easement. He stated that the-problem was, they had considered the possible use of duplexes on the lot. He stated that it would be easier to have an easement rather than dedicating the parcel, it would mean it would make it easier to sell the lots. Kevin Payne with the Vail Valley Resort Association, approached the Council. He had concern in respect to this project. He stated that after reading the brochure, there was not one mention of Avon, and that it did not identify where the project was located. John Werner with Republic Investments Corporation, approached the Council. He stated that the intent in marketing a project was to market with a name that was very readily identifiable by people who otherwise were not familar with the local geography. He stated the prescience had been established with Eagle-Vail, Arrowhead at Vail, Beaver Creek/Vail. He stated that the parcel was surrounded on three sides by projects that market themselves as Vail. He stated that there was no attempt to leave Avon out. He stated that sales discussions with perspective customers would identify the Town- ship of Avon, the location, and that this was being very adhered to. -5- 0 Councilman Watkins disagreed. He stated that there was no mention of Avon in the brochures. He felt there was an attempt to go around and felt that this would fall under mis-representation. Councilman Davis felt that it was very mis-leading. Mr. Werner stated that they would be more than willing to see that Avon would be identified, and that it would be known that the project was located in Avon. 'He stated that he would see to it that additional sheets would go out with the brochures. It was stated that they had no intentions of making this a time-share project. Don Klinger, resident of Berry Creek, approached the Council. He stated that one of the things that he has pushed has been the promotion of the area, and not the promotion of Vail. He stated that he would make sure in the advertising brochures that if Avon was not mentioned, that the developer could do without his project. After discussion, Councilman Miller moved to table Resolution.No. 87-1, Series of 1987, until Republic Investments Corporation could show their intent that they were going to take advantage of placing the project in the Town of Avon, and indicating so in the brochures that were being presented to people who were interested in the project. The motion was seconded by Councilman Connell. Councilwoman McRory requested that the Council be provided with the additional second sheets that would be going out with the brochures. Mr. Werner agreed. The motion to table was unanimously carried. At that point, The Town Attorney proposed an ordinance which he read by title; Ordinance No. 87-1, Series of 1987, AN ORDINANCE REPEALING ORDINANCE 86-19 AND AUTHORIZING THE OBLIGATION OF THE TOWN TO ACQUIRE A PORTION OF LOTS 23 AND 75, BLOCK 2 BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, FOR USE BY THE TOWN FOR PARKING PURPOSES. He stated that this Ordinance would be indentical to Ordinance 86-19 which was being repealed except as follows: 1. Lot 22 would be deleted from the property covered by the Ordinance. 2. The size of the development site would be changed from 11.74 acres to 6.33 acres. The 6.33 acres would be specifically lots 23 and 75. 3. The name of the developer, would be at this time for purpose of first reading, Edward M. Bendelow and HSW Investments, Inc. 4. The obligation of the Town would be changed to $1.5 million dollars. Furthermore, the Schedule of Performance, which was Exhibit B to the Agreement, which was Exhibit A to the Ordinance, would be changed as follows: 1. Execution of the land purchase contracts on or before January 22, 1987. 2. Execution of the Agreement and delivery of a deposit of $100,000 on January 28, 1987. 3. Completion of the conceptual development plan on or before February 15, 1987. 4. Commitment satisfactory to the Town for Anchor Tenant on February 15, 1987. 5. Commitment satisfactory to the Town for financing on or before March 1, 1987. 6. Closing on the land on or before February 15, 1987. -6- 7. Anchor Tenant complete and open for business and 50% of parking on Tract A completed on or before December 15, 1987. He stated that a new Exhibit B(site plan)to the agreement would be brought in as an amendment at second reading of the Ordinance. Councilman Watkins moved approval of Ordinance No. 87-1, Series of 1987 on first reading. The motion was seconded by Councilwoman Harrison. Those Councilmembers voting.aye were: Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory, Al Connell and Jerry Davis. There were no nay votes. The motion was unanimously carried. Councilman Miller moved, that based on the discussion with Tom Glass earlier in the work session, and based on the information that Mr. Glass had given to the Council, Mr. Miller moved to authorize the Town Manager to draft and send a letter to the Regional Forester, in regard to the Western Land Exchange, and that Mr. Glass be copied. The motion was seconded by Councilman Connell and was unanimously carried. Next on the agenda was the discussion of the Singletree Golf Course and/or Berry Creek. The Town Manager gave the Council some brief alternatives that they may want to consider in regard to the Singletree Colf Course purchase. They were as follows: 1. Town of Avon and Berry Creek Metropolitan District purchase the Golf Course. This alternative seems unlikely since the Metropolitan Board has approved the sale to the Town of Vail. 2. Town of Avon and the Town of Vail purchase the Golf Course.. There is some potential left for this alternative and there seems to be good public support. 3. Town of Avon and the Town of Vail, as well as, Berry Creek Metropolitan District purchase the Golf Course. Again, this alternative seems unlikely since the Metropolitan Board had approved the sale to the Town of Vail. 4. Let the Town of Vail purchase the Golf Course and the Town of Avon do nothing. 5. Annex the Singletree/Berry Creek Area into the Town of Avon. This alternative should be viewed not only in terms of a golf course, but also an intergral part of the Avon Community. If a petition is presented to the Town, a feasiblity study would have to be done on the advantages and disadvantages of annexation for both Avon and Berry Creek. The long term potential is significant for both areas. Mr. James felt that #5 was the most preferred. He stated that the long term growth, economic base, and political strength of this area is dependent on continuing all the efforts under one governmental entity. Don Klinger, resident of Berry Creek, approached the Council. He stated that he had discussed this matter with some of the land owners and residents of Berry Creek and they seemed to be in favor of the issue. The Town Attorney stated that an annexation election process was initiated by the filing of a petition for an annexation election, which would require signatures of 10% of the electors, who both reside within, and own property,in the area that was to be annexed. -7- • A hearing would then be set on the petition by the Council as to determine if there was a community interest between that area. Councilman Davis stated that not only should the Council be considering the feasibility or the financial consideration, but also should look at all the areas surrounding the Town of Avon, the costs, etc. Possibly look at Eagle Vail, which has a tax base, as well as, Berry Creek. He stated that the Council should look at it as an overall project. Councilman Watkins moved that if the Town was approached by the residents of Berry Creek regarding the possibility of a petition, that the Town should provide legal assistance and staff assistance to pursue the possible election or feasibility study. The motion was seconded by Councilman Miller and was unanimously carried. It was agreed by the Council that in respect to how the lodging community could work together on this issue of purchasing rounds of golf, etc. that the Chamber of Commerce should handle this issue. The next item on the agenda was the Bus Service to Christie Lodge. The Town Manager stated that Christie Lodge had 4,000 accounts past due or $40,000 in revenue to the Town for recreational fees to pay for bus service. He suggested three alternatives to the Council: 1. Have General Fund subsidize the Transit Fund with more money. 2. Raise the maintenance fees to make up the difference. That would in effect double the fee from $10.00 to $20.00. 3. Cut back on the bus service to Christie Lodge. After discussion, Councilman Miller moved to authorize the Town Manager to give notice to Christie Lodge that if payment was not made,on the past due accounts by 5:00 p.m. January 23, 1987, the Town would stop all bus service to Christie Lodge. The motion was seconded by Councilwoman Harrison and was unanimously carried. Next on the agenda was the discussion of the Nottingham Land - Stockyard Property Annexation Agreement. Norm Wood stated that a revised Annexation Agreement had been submitted addressing most of the concerns of the Council at the previous meeting(See attached to these minutes the five revisions). He stated that the revised Annexation Agreement was recommended for approval subject to the following conditions: 1. Revise paragraph 2.4. 2. Delete the word "private" from the proposed zoning land use designation for Tracts C and D as shown on Exhibit B. Mr. Wood stated that additional Avon Road right-of-way had not been provided for in the agreement. Councilman Watkins stated that he had concerns with the pre-annexation agreements where language was placed in the agreement that would allow all the development abilities setforth on the Exhibit. -8- 0 0 The Council still had concerns of the problem of the widening of Avon Road. They felt that if they don't look at it now, the Council would look at it in a worse position later in the future. It was stated that if property was condemned, the Town would have to pay the value, plus pay for the improvements. Councilman Davis stated that the applicants would like to annex into the Town to enjoy what the Town has to offer, and the least the Council could do for the future of the community would be to provide the necessary right-of-ways for the main through-fare of Avon. He stated that he was concerned about the absence of the language of not addressing the needed right-of-ways, and would like to address this issue of dedicating the land needed for right-of-ways. Michael Blair, Land Planner, representing the applicants of the Nottingham property, approached the Council. He stated that the land owner, Bill Nottingham, felt that all the questions had been answered that had arose from the last Council Meeting, and requested that Council approve the agreement as per recommendation by the Town staff. He stated that in respect to the widening of Avon Road, that since no one knows how much land would be needed for the widening of Avon Road, the owner would not know how much land to provide, either for dedication or an easement. Mr. Blair stated that this matter could be resolved through the future design development property rather than the straight subdivision. Lengthy discussion followed. Councilman Davis moved that this issue be tabled until it could be discussed further. The motion was seconded by Councilman Watkins. Mr. Blair felt that they had had an unfair review because of the time factor, and requested that this issue be placed earlier on the next meeting.agenda. He also requested that very specific information be given to them on the road right-of-way so that they could respond. The Mayor stated that Councilman Davis would like more property either for dedication or an easement, and what the Town Planner was saying was that there was a 25 foot setback, that the setback would be unbuildable, but Councilman Davis was requesting that the land be given in case it was needed in the future. The Mayor then called for a vote on the motion. The motion was unanimously carried. Next on the agenda was the discussion of the Town's financial support of the Western Vail Valley Resort Association for the calendar year 1987. It was agreed that this item be tabled until the next Council meeting so further discussion could be pursued. Council agreed. -9- ~ i The Town Logo would be placed on the agenda for further discussion. Council agreed. The E911 System was then discussed. Joe Olson stated that he was requesting that the Town Attorney be directed to review the agreement of the E911 System. If he found that the agreement was satisfactory and in order, then he would request that the Council appoint a respresentative to sit on the Authority Board. He stated that all the incorporated towns, and the fire districts are being asked to form an Emergency Telephone Service Authority Board, to consider implementing an Enhanced 911 telephone system. This system would replace the 911 system currently in place in most of the county. Councilman Miller moved to direct the Town Attorney to review the agreement. The motion was seconded by Councilman Watkins and was unanimously carried. The dissolution of the Avon Metropolitan District was discussed. The Town Manager stated that they would pursue the dissolution of the Avon Metropolitan District and to review the advantages and disadvantages of dissolving the District. The Council agreed. Next on the agenda was a memorandum for the Wynfield Inn for a Highway Sign. The Town Manager stated that Wynfield was requesting a information sign that would be similar to the one at Frisco. They were requesting that the Town participate in putting up a highway sign. Wynfield Inn and Beaver Creek West would pay for the construction of the sign and would pay for approximately 25% of that cost each, and the Town would then pay for the other half of the cost, approximately $700. As other lodges came into the Town, the Town would collect the money back from those lodges. Councilman Davis was not in support of the request. The Council agreed. Next on the agenda was discussion of a Repeater Site. Joe Olson stated that the Town has had continued problems throughout the years with the ability to transmit and receive on the Town radio channels, especially in the Wildridge and Wildwood areas. He stated that they have ran a survey study and found that the top of the water tank that was located in the farthest northwest section of Wildridge was the best location. Chief Olson recommended that Council approve the location of the repeater site, contingent upon the successful completion of an agreement between the Town of Avon, Vail Communications, and Avon Metropolitan Board, and that the Council authorize the Town Attorney to draft said agreement. Councilman Watkins so moved. The motion was seconded by Councilwoman Harrison and was unanimously carried. -10- C~ • The Financial Matters were next presented to the Council. Councilman Miller moved to receive items #1 through #15. The motion was seconded by Councilman Connell and was unanimously carried. Councilman Miller moved approval of the General Fund of Accounts Payable for January 13, 1987. The motion was seconded by Councilwoman McRory and and unanimously carried. Councilman Miller moved approval of the Transit Fund of Accounts Payable for January 13, 1987. The motion was seconded by Councilwoman McRory and was unanimously carried. Councilman Miller moved approval of the Reconciliation Sheet of Accounts Payable for January 13, 1987. The motion was seconded by Councilman Watkins and was unanimously carried. The minutes of the December 9, 1986 Council Meeting minutes were next presented to the Council. Councilman Watkins moved approval of the December 9th minutes as presented. The motion was seocnded by Councilman Miller and was unanimously carried. The minutes of the December 16, 1987 Special Council Meeting was next presented to the Council. Councilman Miller moved approval of the December 16th minutes as presented. The motion was seconded by Council- woman Harrison and was unanimously carried. Councilman Miller stated that he wanted to commend the Town staff and all the groups that were involved with the Icing on the Lake. He stated that is was a very good job and the event was a success. The Council agreed. The Town Manager requested that the Council discuss the TV Translator matter and that it would be placed on the next agenda. The Council agreed. There being no further business to come before the Council, Councilman Miller moved to adjourn. The motion was seconded by Councilman Connell. The meeting was adjourned by Mayor Nottingham at 11:20 p.m. -11- 0 LLY SUBMITTED: tricia J. Do -12- • 0 M E M 0 TO: FROM: DATE: RE: Bill James, Town Manager Norm Wood, Director of Engineering and Community Development January 9, 1987 Nottingham Ranch - Stockyard Property Annexation INTRODUCTION: The Town Council reviewed an Annexation Agreement for the Nottingham Ranch Company Parcel commonly referred to as the Stockyards Property at the November 25, 1986 meeting. Following the review, Council took no formal action, but requested specific changes in the Annexation Agreement. The applicant has submitted a revised Annexation Agreement and related documents addressing the changes previously requested by the Town Council. These revisions are summarized as follows: 1. Delete Paragraph 2.3; Paragraph 2.3 previously contained a provision stating, "owners of the properties shall have no obligation at any time, as part of the annexation or subdivision processes or otherwise, to dedicate to the Town any roadways or other improvements...." This has been revised to, "owners of the Properties agree to dedicate necessary road rights-of-way through the westerly four hundred (400) feet, more or less, of the Properties with platting of the revised proposed subdivision plan (as concurrently submitted herewith) of the Properties." 2. Designate Lot 2 as a dedicated public street right-of-way; The area formerly designated as Lot 2 is now designated as Tract A and Tract B with proposed uses of road right-of-way and utilities. 3. Designate the allowed uses for Lot 3 as public open space and drainage with provisions for future dedication as Riverfront park; The area previously designated as Lot 3 is now designated as Tract C and Tract D, with proposed uses of private open space, landscaping, drainage, signage, access and utilities. -TF-ie--fo-llowing Paragraph 2.4 has been added to the Annexation Agreement: 2.4 Nottingham Ranch, the Associates and subsequent owners of the Properties agree to reserve the certain Tracts as shown on the revised proposed subdivision plan (as concurrently submitted herewith) as undeveloped open space, and the Town agrees to allow the said Tracts to have certain utilities, drainage, signage and access facilities located thereon in accordance with a specific plan of details. Nottingham Ranch, the Associates and subsequent owners of the Properties agree to dedicate the said Tracts to the Town at a future date and upon conditions mutually agreeable to said parties. 0 0 Memo to Bill James January 9, 1937 Nottingham Ranch - Stockyard Property Annexation Page 2 of 4. Revise proposed Zoning/Land Use for Lot 4 to SPA conforming with current zoning designation; The area previously designated as Lot 4 is now designated as Lot 3. The proposed Zoning/Land Use for Lot 3 is indicated as SPA/no change this application. 5. Designate the portion of Lot 1 located on the west side of a line between the easterly right-of-way of Avon road at the north right-of-way of the D & RGW Railroad and the easterly intersection of Highway 6 and Avon Road rights-of-way. The Agreement has not been revised to reflect this requested change. The applicant has submitted a letter from Contra Ltd., project engineers, addressing this issue. A copy of this letter is attached to the Annexation Agreement for your information. RECOMMENDED ACTION: The revised Annexation Agreement is recommended for approval subject to the following conditions: 1. Revise Paragraph 2.4 to read: "Nottingham Ranch, the Associates and subsequent owners of the Properties agree to reserve the certain Tracts as shown on the revised proposed subdivision plan (as concurrently submitted herewith) as undeveloped open space, and the Town agrees to allow the said Tracts to have certain utilities, drainage, signage and access facilities located thereon in accordance with a specific plan of details as approved by the Town. Nottingham Ranch, the Associates and subsequent owners of the Properties agree to dedicate the said Tracts to the Town at a future date. Such dedication shall be at no cost to the Town and shall occur prior to or upon acceptance of constructed roadway for maintenance by the Town. 2. The word private should be deleted from the Proposed Zoning/Land Use designation for Tracts C and D as shown on EXHIBIT B. Additional Avon Road right-of-way has not been provided for in this Agreement. Council should evaluate the additional information supplied and make a determination the dedication of this additional right-of-way is appropriate at this time. NW/mml • 8 January '87 Hand Delivered 0 MIKE BLAIR, PLANNER Town Clerk I cr Town of Avon ;j c/o Mr. Norm Wood, Director -r Engineering & Community Development P.O. Box 975 Avon, Colorado 81620 RE: Nottingham Stockyard Property Annexation Petition LAND PLANNING Subdivision Design/Community Planning FEASIBILITY STUDIES Land - Site - Geographic Analysis Phone (303) 328.7744 P.O. Box 993 Eagle, Colorado 81631 As a result of our meeting on 16 December '86 I herewith submit in quadruplicate the following items: 1. Statement of response to the questions raised at the Town Council meeting of 25 November '86. 2. Revised Annexation Agreement. 3. Ordinance for Annexation. 4. Revised Sketch Plan/Rezoning/Land Use Map. 5. Additional names of Avon Station Mobile Home Park property owners: (1) Estate of Pete Roybal c/o P.O. Box 174 Eagle, Colorado 81631 (2) Confluence at Beaver Creek c/o Peter Blunt 8962 E. Hampton, Suite 175 Denver, Colorado 80231 We request that the Annexation Petition be considered and initially acted upon by the Town Council at its meeting of 13 January 1987, If you have any questions regarding the information submitted please call me. Thank you very much for taking the time to meet with me and the owners of the properties (Wm, Nottingham, M. Nottingham, H. O'Brien) and you and Jim Lamont representing the Town. Respectfully, 4' 4 -t 7~ 4 Michael S. Blair for the Owners: Nottingham Ranch Company; Nottingham Associates. cc: W. Nottingham G. Petrie H. O'Brien G. Palmer • .own of Avon P. O. Box 975, Avon, CO 81620 (303) 949.4280 November 26, 1986 Mr. Michael S. Blair P.O. Box 993 Eagle, CO 81631 RE: Nottingham Ranch - Stockyard Property Annexation Dear Mike: The Avon Town Council reviewed the Annexation Agreement for the Nottingham Ranch - Stockyard Property Annexation at the November 25, 1986 regular meeting. The Town Council took no formal action on the Annexation Petition. The Council did request the following changes to the Annexation Agreement: 1. Delete Paragraph 2.3; 2. Designate Lot 2 as a dedicated public street right-of-way; 3. Designate the allowed uses for Lot 3 as public open space and drainage with provisions for future dedication as Ri verfront Park; 4. Revise Proposed Zoning/Land Use for Lot 4 to SPA to conform with current zoning designation; 5. Designate the Portion of Lot 1 located on the west side of a line between the easterly right-of-way of Avon Road at the north right-of-way of the D R RCW Railroad and the easterly intersection of Highway 6 and Avon Road rights-of-way as Avon Road right-of-way. It was also noted that the ownership of Avon Station r4obile Home Park rl was incorrect on the list of property owners to be notified for public purposes. This should be corrected and a proper notice of Public Hearino nailed to the owner of the property. If you have. any questions regarding the. requested modifications to the Annexation Agreement, please contact me. Sincerely, Norm Wood Director of Engineering and Community Development Copy/File William Nottingham George Petre Mauri Nottingham Hugh O'Brien NW/mml • E NOTTINGHAM RANCH ANNEXATION AND REZONING Responses to the Town of Avon as of general meeting on 16 Dec. 1986 As Town of Avon letter of 26 Nov '86, comments and questions 1. Paragraph 2.3 of the proposed Annexation Agreement was not deleted but was revised to provide for dedication of the right-of-way for a future public street. 2. The revised Para. 2.3 provides for dedication of a publc street right-of-way. 3. New Para. 2.4 is added to provide for designation of the riverfront Lots (now Tracts) as open space and for future dedication to the Town. 4. The Proposed Zoning/Land Use for Lot 4 (now Lot 3) has been revised to conform with the current SPA Zoning Designation. 5. After engineers reviews of plans and the site, it was concluded that additional right-of-way for Avon Road need not be designated at this time because -(1) there are no specific designs for any road widening, (2) the widening is not likely to be needed or affordable for many years in the future, (3) the current design studies indicate extra width may not be needed, and (4) construction methods and standard building setback areas will apparently provide for any contemplated future road widening.. Also, as noted, additional property owners names for the Avon Station Mobile Home Park have been researched and added to the list of adjacent property owners to be notified of the Proposed Rezoning. B: Revisions to the Annexation Agreement *2.3 Nottingham Ranch, the Associates and subsequent owners of the Properties agree to dedicate necessary road rights-of-way thru the westerly four hundred (400) feet, more or less, of the Properties with the platting of the revised proposed subdivi- sion plan (as concurrently submitted herewith) of the Properties. Any such right- of-way or road way will be maintained by the current or subsequent owners of the Properties as a private access and may be closed to the general public, by gates and other appropriate barriers and signs, until a constructed road way has been accepted by the Town for maintenance and public access. **2.4 Nottingham Ranch, the Associates and subsequent owners of the Properties agree to reserve the certain Traa:ts as shown on the revised proposed subdivision plan (as concurrently submitted herewith) as undeveloped open space, and the Town agrees to allow the said Tracts to have certain utilities, drainage, signage and access facilities located thereon in accordance with a specific plan of details. Nottingham Ranch, the Associates and subsequent owners of the Properties agree to dedicate the said Tracts to the Town at a future date and upon conditions mutually agreeable to said parties. tote : * Revised paragraph; * Added paragraph. x i • C ogtra • community designers • engineering • surveying prompt effective service Mr. Mike Blair Planner P.O. Box 993 Eagle, CO 81631 December 15, 1986 0 RE: Subdivision Sketch Plan for Nottingham Station, Avon, Colorado. Dear Mike: It is my understanding that the Town of Avon is considering requesting additional right of way on Avon Road to accommodate the construction of a future underpass at the railroad crossing. The following items are in response to this matter: 1. Neither the Town of Avon nor the Colorado Department of Highways is certain when the underpass will be constructed, or if it will be constructed at all. I don't think it is fair to ask for additional right of way for something that may never happen. 2. Even if the Town of Avon was absolutely certain that the underpass would be built, the amount of right of way needed is unknown until the construction plans are final and approved by all parties involved (Town of Avon, Colorado Department of Highways, DSRGRR, etc.). Currently, land prices of $20.00 to $25.00/SF are equal to retaining wall costs of 20 to 25 $/SF. Thus any land dedicated to the Town of Avon is of roughly the same value of a retaining wall built to save that land. Also, since the underpass will presumably all be in cut (no fill required), a lot of dirt will need to be hauled off. During final design of the underpass, it may turn out that retaining walls are cheaper to construct than hauling off the excavation created by cutting slopes back at 2:1, etc. With so many unknowns to be worked out during the design of the underpass, there is no way to say how much right of way should be acquired. I don't think it's fair to ask for any additional right of way when the amount of right of way asked for cannot be determined. 3. I think that it would be more appropriate to deal with the underpass problems when the construction plans are complete and it is definite that the underpass will be built. 8041 K P11n9 straat Arvada. Colorado 80005 (303) 431-0303 P.O. Boa 97 Edward; Colorado 81832 (303) 949.1810 E 0 Until then, I believe that permanent structures could be situa appropriately on Lot 1 so that if and when the underpass built, the required additional right of way could accommodated. The Town of Avon can review the location permanent structures during the planning and zoning review proposed developments on Lot 1. ted is be of of If you have any questions or need further information, please call. Sincerely, Glenn Palmer, P.E. cc: Bill Nottingham 0 ANNEXATION AGREEMENT PARTIES: Nottingham Ranch Company, a Colorado Limited Partnership P .O. Box a Avon, Colorado 81620 Nottingham Associates, a Colorado Partnership P.O. Box 1000 Avon, Colorado 81620 Town of Avon, a Colorado Municipal Corporation P.O. Box 975 Avon, Colorado 81620 DATE: 9 %1gnLAr1,fY 'Ct, RECITALS: 0 ("Nottingham Ranch") ("Associates") ("Town") A. Nottingham Ranch is the owner of certain real property in Eagle County, Colorado, more particularly described in Exhibit A, attached hereto. B. Nottingham Ranch has filed a petition to annex the Property to the Town. C. Nottingham Ranch desires that the Property,be developed as hereinafter described. D. The Town is willing to annex the Property and authorize its development on the terms and conditions of this Agreement. E. Nottingham Associates is the owner of certain real property within the Town and adjacent to Nottingham Ranch, more particularly described in Exhibit At attached hereto. F. Nottingham Ranch, and Associates, have submitted concurrently with this Agreement a request for Rezoning and for Subdivision Sketch Plan approval, as illustrated in Exhibit B, attached hereto (the "Map"). G. The purpose of the proposed subdivision is to revise and to reseparate ownership of the Property by the Parties in order to independently and separately in the future resubdivide and develop the properties. AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Simultaneous Processing. 1.1 within a reasonable time after the Annexation Petition is filed, the Town will either find that the Petition is valid under C.R.S. § 31-12-107 (1973) or indicate the ways in which it is not valid and, in either case, promptly communicate such determination to Nottingham Ranch. If and when the Town has made a finding that the Petition is valid under C.R.S. § 31-12-107 (1973), the Town shall, in accordance with the applications concurrently submitted by Nottingham Ranch, and Associates, promptly commence and prosecute procedures under its ordi- nances to subdivide and to zone the Property NC-Neighborhood Commercial and SPA- Specially Planned Area and permitting, at a minimum, the uses shown on the Map attached hereto as Exhibit B, such zoning and subdivision approval to occur simul- taneously with annexation, all as authorized in C.R.S. § 31-12-115(l) (1973). 1/4 ; Y NI J, Z:~. Y 1.2 The Town shall withhold final passage of the annexation ordinance pending completion of all procedures preparatory to final passage of the ordi- nance(s) or resolution(s) subdividing and zoning the properties as NC and SPA and permitting at least the minimum Development. 1.3 If and when all procedures preparatory to final passage of the ordinance(s) or resolution(s) subdividing and zoning the properties NC and SPA and permitting at least the minimum Development have been completed, the Town shall consider said ordinance(s) or resolution(s) on a final reading at the same meeting and on the same date as it considers the annexation ordinance on final reading, and shall consider the annexation and zoning ordinances and resolutions simultaneously in a single reading subject to one vote. 1.4 Nothing contained in this Agreement shall be deemed to limit the Town's discretion in processing and passing on the proposed annexation, zoning classification and subdivision plans as hereinbef ore stated. The purpose of this article is merely to prevent annexation of the Property, unless, upon annex- ation, the Property can be developed in a manner meeting at least the Minimum Development as illustrated on the Exhibit B, the Map, or as otherwise mutually agreed to by the Parties. 2. Development Conditions. If the Property is annexed as hereinabove provided, the provisions of this Paragraph 2 shall apply: 2.1 No future subdivision, resubdivision, precise plan or development plan procedures or approvals shall be required, unless and until an actual devel- opment, subdivision or resubdivision of the properties may be proposed, in which event the Town's generally applicable subdivision and zoning procedures and req- uirements shall apply, except as provided in paragraphs 1.1 and 2.3 herein. 2.2 Neither the annexation of the Property nor any term contained herein shall obligate the Town to improve or maintain any roads or improvements located on the property unless and until such roads or improvements are dedicated to, and accepted by, the Town. 2.3 Nottingham Ranch, the Associates and subsequent owners of the Properties agree to dedicate necessary road rights-of -way through the westerly four hundred (400) feet, more or less, of the Properties with the platting of the revised proposed subdivision plan (as concurrently submitted herewith) of the Properties. Any such right-of-way or roadway will be maintained by the current or subsequent owners of the Properties as a private access and may be closed to the general public, by gates and other appropriate barriers and signs, until a constructed road- way has been accepted by the Town for maintenance and public access. 2.4 Nottingham Ranch, the Associates and subsequent owners of the Properties agree to reserve the certain Tracts as shown on the revised proposed sub- division plan (as concurrently submitted herewith) as undeveloped open space, and the Town agrees to allow the said Tracts to have certain utilities, drainage, signage and access facilities located thereon in accordance with a specific plan of details. Nottingham Ranch, the Associates and subsequent owners of the Properties agree to dedicate the said Tracts to the Town at a future date and upon conditions mutually agreeable to said parties. 3. Miscellaneous. 3.1 This Agreement shall supercede all prior agreements between the parties and shall constitute the whole agreement of the parties as they are herein combined. 3.2 This Agreement shall be enforceable at law or in equity. 2/4 0 • The Parties have executed this Agreement as of the date first above written. ATTEST : Patricia J. Doyle Town Clerk Nottingham Associates, a Colorado Partnership By: _ Maurice M. Nottingham general partner STATE OF COLORADO ) ss. COUNTY OF EAGLE ) TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION BY: Mayor Nottingham Ranch Company, _ a Colorado limited partnership By: William E. Nottinghafn, Jr general partner The foregoing instrument was. acknowledged before me this _ Of , 198 , by , as Mayor, and Patricia J. Doyle, as Town Clerk, of the Town of Avon. 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