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TC Minutes 10-22-1996AFL ~ MINUTES OF'THE REGULAR MEETING OF THE TOWN COUNCIL HELD OCTOBER 22, 1996 - 5:30 P.M. A 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 Albert J. Reynolds at 5:32 PM. A roll call was taken with Councilors Jim Benson, Richard Carnes, Jack Fawcett, and Judy Yoder present. Councilor Tom Hines was absent. Also present were Acting Town Manager Larry Brooks, Town Clerk Patty Lambert, Town Attorney John Dunn, Town Engineer Norm Wood, Police Chief Gary Thomas, Administrative Assistant Jacquie Halburnt, Town Planner Karen Griffith, Planner George Harrison, and Director of Community Development Mike Matzko, as well as members of the press and public. Citizen Input: Public Hearing on 1997 Proposed Budget Mayor Reynolds opened the meeting for public input. Hearing no comments, the Mayor closed the public hearing. Citizen Input: Appeal of P & Z Decision / Retaining Wall Variance Lot 37, Block 3, Wildridge Subdivision (Charles Sawyer) Appeal of P & Z Decision / Retaining Wall Variance Lot 37, Block 3, Wildridge Subdivision (Alison Sawyer) Appeal of P-& Z Decision / Retaining Wall Variance Lot 37, Block 3, Wildridge Subdivision (Fred & Flora Hiller) Charles Sawyer and Alison Sawyer were represented by Mr. Ross Davis, Jr. and Fred & Flora Hiller were represented by Mr. David Tanzer. Mr. Weiland was represented by Mr. Mark Donaldson. Mr. Tanzer requested a continuance due to all parties not being available this evening. Mr. Davis echoed Mr. Tanzer's,request. Mr. Donaldson requested clarification on who filed the appeal. Town Attorney John Dunn understood there were three adjoining property owners who asked the council to review the decision of the Planning and Zoning Commission. Charles Sawyer and Alison Sawyer are separate property owners and would appear to be two appeals and then there is the appeal by the Hillers. There seems to be three appeals. Town Attorney Dunn understood there are three payments of $50.00. Town Clerk Patty Lambert injected there has been no payment received from the Hillers. Mr. Tanzer presented Town Clerk Lambert a check, from Flora M. Hiller, made payable to the Town of Avon for $50.00, dated October 10, 1996. Mr. Donaldson noted he is here tonight and prepared to defend the appeal. He was told all the parties could not be here however, it appears all the parties are here and requested to proceed. Mr. Donaldson added this project has been appealed before to the council, some three years ago. It was upheld unanimously. ..k Mr. Donaldson stated he would like to go on with construction but, the council's wishes would be Mr. Donaldson's pleasure as well. Councilor Fawcett-motioned to table this appeal until the 26th of November. Motion died due to lack of a second. Mr. Tanzer stated everyone is not here this evening. Mr. Tanzer informed he has to be down at the Town of Gypsum for a hearing this evening and the Hiller's engineer is not present. This matter is a different matter than what was up before. That matter lapsed; things started all over again. If we are going to hear arguments on the continuance, Mr. Tanzer stated he would like to have an opportunity to present in a logical fashion. Mr. Tanzer understood we were going to move forward with a continuance. Mr. Tanzer reiterated everyone is not here this evening. Mr. Tanzer stated he has a shortened time frame with trying to present something into a good presentation to the board. Mr. Tanzer reiterated some people aren't here and he has additional information that he would like to make available to the council if a full hearing is to proceed. Mr. Donaldson reiterated what ever the council wishes. Mr. Donaldson added he has been negotiating for thirteen months and they have not reached a conclusion. He has been back through the planning commission process; they are trying to build a house. Councilor Fawcett asked if Mr. Weiland intends to commence construction this season, in other words, next month. Mr. Donaldson stated no. Mr. Donaldson added this process is wearing on them. Councilor Yoder asked if this is delayed until the 26th of November, will it delay the project start date from whenever Mr. Donaldson anticipates. Mr. Donaldson stated no but, he would not be present the 26th. Mayor Reynolds thought all parties should be present for a fair appeal. Town Attorney Dunn noted there is no problem with tabling until December 10, 1996, as long as all parties are in agreement. All parties were in agreement to tabling the appeal until the 10th of December. Mr. Tanzer added that maybe with a little luck the parties can get together and come up with a resolution. Councilor Fawcett motioned to table this appeal until December 10, 1996. Councilor Yoder seconded the motion and the motion carried unanimously. Ordinances: Second Reading of Ordinance No. 96-16, Series of 1996, AN ORDINANCE ANNEXING TO THE TOWN OF AVON A PARCEL OF LAND LOCATED IN THE NW,1/4 SE 1/4, SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF; AND PROVIDING FOR PLANNED UNIT DEVELOPMENT ZONING Mayor Reynolds announced this is a public hearing. Town Attorney Dunn understood the applicants, for annexing, desire to move forward at this time. Town Attorney Dunn understood the closing of the purchase of the property was held yesterday. Town Attorney Dunn reviewed the matter with the title company and reviewed the transfer documents and at this time it appears the property to be annexed into the Town is owned by Chateau St. Claire, LLC, Grace Jenkins White, Edward F. Rogers, and Paul F. Pensabean. Town Attorney Dunn stated George Roberts has powers of attorney from Grace Jenkins White and Edward F. Rogers. Chateau St. Claire is present and represented by Danny Brose. 2 Town Attorney Dunn's only concern was to Paul Pensabean. Mr. Pensabean is represented by Mr. Bruce Chapman, an attorney in Vail. Mr. Chapman had not had an opportunity to review anything and was not able to say if Mr. Pensabean had agreed or disagreed with annexation. Town Attorney Dunn recommended Council rely upon the representation of the representatives of Chateau St. Claire - that they have the authority from Mr. Pensabean to proceed. Town Attorney Dunn prepared a ratification agreement to be signed by Chateau St. Claire and the other Property owners. It would be necessary for them to sign this ratification agreement in order to proceed. Town Attorney Dunn added this annexation has proceeded on petition of 100% of the property owners. when the petition was filed with the town, 1000 of the property owners signed the petitions. Since then there has been a purchase of the land and there has been some change in property ownership which reflects investment in the project. So, the ownership is beyond what it was when the annexation petition was filed. Because of that, we need to have the annexation agreement, which was signed by the petitioners, ratified. Discussion followed regarding the consent of annexation by Mr. Pensabean. Attorney Dunn stated that the persons who actually petitioned for annexation and who owned 1000 of the property at that time are here and ready to proceed. There is some uncertainty as to a small interest in the property who, according to Danny Brose, has authorized this to move forward. The only issue now is the authority of the minority shareholder to sign the annexation agreement. If the property is annexed, based upon the representation that he is joining in the annexation agreement, Attorney Dunn thought he was bound by it- Once the Ordinance is adopted, the property is annexed. The Ordinance is not based upon the annexation agreement, it is based upon the petition for annexation. If there was a dispute, it would be between the individual interest owners. Attorney Dunn informed Attorney Chapman was aware the matter would be before the Council this evening and Attorney Chapman did not have time to deal with it. Councilor Yoder motioned to approved on second reading Ordinance No. 96-16, Series of 1996. Councilor Fawcett seconded the motion. Mayor Reynolds called for a roll call vote. The motion carried unanimously. Ordinances: Second Reading of Ordinance No. 96-17, Series of 1996, AN ORDINANCE APPROVING A PUD DEVELOPMENT PLAN FOR CHATEAU ST. CLAIRE ANNEXATION, TOWN OF AVON, EAGLE COUNTY, COLORADO, LOCATED SOUTH OF HIGHWAYS 6 AND 24 AND EAST OF AVON ROAD Mayor Reynolds announced this is a public hearing. Town Planner Karen Griffith reviewed the proposed planned unit development. Discussion focused on Lot 2 being deeded to the Town for open space. Councilor Fawcett recommended donation to Eagle County Land Trust. Attorney Dunn informed the Town•has spent a fair amount of money redeeming open space from tax sale and would like to avoid that from happening again. Attorney Dunn thought the liability is not great, the Town is insured, and ensuring taxes are paid offsets the liability issue. 3 Discussion focused on the bike path. Town Planner Griffith noted it is best not to ;specify the width of the path at this time until we get the final engineering plans. The bridge over Beaver Creek may constrain the width of the path in some areas. The path may cut into the landscape strip in front of the development. Town Planner- Griffith added that a representative from the Eagle County Trails Committee may have a comment on the bike path. A representative had planned to be at this evening's meeting however, no one was present representing Eagle County Trails Committee. Mr. Steve Isom, representing Chateau St. Claire, voiced concerns about condition #17 of the Ordinance - no parking spaces reserved other than handicapped. Mr. Isom proposed underground parking or covered parking to be 75% reserved. There are a total of 217 parking spaces. 11.3 are underground parking spaces and 75% of 113 would allow approximately 84 reserved underground spaces. Director of Community Development Mike Matzko noted an option would be to include parking requirements in the subdivision plat and questioned if it was necessary to include in the.PUD. Matzko suggested, if Council wants to allow reserved spaces, to strike condition #17 from the Ordinance and include parking requirements in the preliminary plat. Councilor Benson motioned to approve on second reading Ordinance No. 96-17, Series of 1996 with the following amendment to striking condition #17. Councilor Carnes seconded the motion. Mr. Danny Brose interjected that Mr. Pensabean has agreed to the annexation. Mr. Brose added that he will have the agreement in within the next couple of business days. Mayor Reynolds called for a roll call vote. The motion carried unanimously. Ordinances: First Reading of Ordinance No. 96-19, Series of 1996, AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE NO. 83-21, PUD DEVELOPMENT PLAN, BENCHMARK SUBDIVISION, (WILDWOOD RESORT) TO ALLOW SEASONAL GARDEN CENTER THROUGH APRIL OF 1997 AND THE STORAGE OF TREES AND NURSERY STOCK THROUGH OCTOBER OF 1997 ON LOT 2, WILDWOOD RESORT, TOWN OF AVON, EAGLE COUNTY, COLORADO Town Planner Karen Griffith reviewed the Ordinance. Mr. Marty Jones informed Mountain Star has called twice with complaints about cleanliness of Lot 2. Mr. Jones added Mountain Star has been one of his biggest clients and.he wants to keep them happy. Mr. Jones noted his hang-up with the Edwards property is highway access. The property is just opposite of the Edwards Building Center, north of Highway 6. There is not enough property in Edwards for tree storage. Mr. Jones noted he will probably have to go close to Eagle for storage. Councilor Yoder motioned to approve on first reading Ordinance No. 96-19, Series of 1996. Councilor Benson seconded the motion. Mayor Reynolds called for a roll call vote. The motion carried unanimously. 4 Resolutions: Resolution No. 96--41, Series PRELIMINARY SUBDIVISION PLAT TOWN OF AVON, EAGLE COUNTY, of 1996, A'RESOLUTION APPROVING FOR CHATEAU ST. CLAIRE SUBDIVISION, COLORADO Mayor Reynolds announced this is a public hearing. Matzko suggested, to address the parking, to say that as a condition of approval of this preliminary plan, that the condominium map reflect any assigned parking spaces and that no unit be allowed to be assigned more spaces than are allowed by the Town's standards. Town Planner Griffith reviewed the Resolution. Councilor Benson motioned approval of Resolution No. 96-41, Series of 1996 with Staff's recommendation along with number 4 condo map to reflect the assigned parking places and no unit shall have more spaces than allowed by the municipal code. Councilor Yoder seconded the motion and the motion carried unanimously. New Business: Agreements - Eagle Park Reservoir / 5th Addendum to Water_ Service Agreement / Side Agreement Councilor Yoder motioned to approve the Eagle Park Reservoir Agreement, the 5th Addendum to the water service agreement, and the side agreement. Councilor Benson seconded the motion and the motion,carried unanimously. Mayor Report: Mayor Reynolds announced he attended the CAST meeting. Town Attorney Report: Attorney Dunn informed he just spoke with Bruce Chapman. Mr. Chapman spoke with Mr. Pensabean. Mr. Penssabean has agreed with everything and is ready to sign the power of attorney tomorrow. Other Business: Councilor Carnes asked if a county commissioner candidate's statement - the Town had been given instructions from the County Attorney's office recommending the Town no longer sign any governmental agreements - was correct. Attorney Dunn stated it didn't make any sense - the County Attorney does not recommend to the Town. Consent Agenda: a.) Approval of the October 8, 1996 Council Meeting Minutes b.) MK Centennial Engineering/Engineering Services Agreement on Roundabouts/Ratification of Technical Services Agreement c.) Resolution No. 96-44, Series of 1996, A RESOLUTION ADOPTING AN INVESTMENT POLICY 5 d.) , Resolution No. 96-45, Series of 1996,,A RESOLUTION ADOPTING A POLICY REGARDING THE ROLES AND RESPONSIBILITIES OF THE FINANCE COMM]:TTEE e.) Change Order: #2 & #3 for Street Improvements f.) Ourston & Doctors Roundabouts Design Agreement g.) Financial Matters Councilor Yoder motioned to approve the Consent Agenda. Councilor'Benson :seconded the motion and the motion carried unanimously. Adjourn: There being'no further business to come before Council, Mayor Reynolds called for a motion to adjourn. Councilors Benson and Fawcett moved to adjourn. The motion was seconded by Councilor Yoder. The meeting was adjourned by Mayor Reynolds at 6:47 PM. RESZECTFULLY SUBMITTED: Patty Lamb Town Clerk APPROVED : 6 CMC