TC Minutes 01-14-1997•
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD JANUARY 14, 1997 - 5:30 P.M.
A ,regular meeting of the Town Council of the Town of Avon,
Colorado was held in the Municipal Building', 4,00 Benchmark Road,
Avon, Colorado, in the Council Chambers.
The meeting was called to order by Mayor Jack Fawcett at 5:35 PM.'
A roll call was taken with Councilors Jim Benson, Richard Carnes,-
David Gilman, Bob McIlveen, Buz Reynolds, Jr., and Judy Yoder
present. Also present were Town Manager Bill Efting, Town Clerk
Patty Lambert, Town Attorney John Dunn, Director'of Municipal
Services-Larry Brooks, Town Engineer Norm Wood, Police Chief Gary.
Thomas,.Fire Chief Charlie Moore, Planner Karen Griffith, and
Administrative Assistant Jacquie Halburnt, as well-as members-of
the press and public.
Mayor Fawcett welcomed and introduced the new Town Manager Bill
Efting.
Ordinances:
Second Reading of Ordinance No. 96-22, Series of 1996, AN
ORDINANCE ENACTING REGULATIONS RESPECTING SIDEWALKS; PROVIDING
FOR THE ASSESSMENT OF THE COST OF THE CONSTRUCTION THEREOF; AND
PROVIDING PENALTIES FOR THE VIOLATION HEREOF
Town Attorney John Dunn noted no changes have been made to the
Ordinance since first reading thus, the Ordinance,is ready for
adoption on second reading.
Mayor Fawcett asked for public comment. Hearing no public
comment, Mayor Fawcett asked the Council for comments.
Councilor Yoder motioned to approve on second reading Ordinance
No. 96-22, Series of 1996. Councilor Benson seconded the mot-ion.
Mayor Fawcett called for a roll call vote.
The motion carried unanimously.
Ordinances:
Second'Reading of Ordinance No. 96-23, Series of 1996, AN
ORDINANCE'AMEN_DING CHAPTER 5.08 OF THE MUNICIPAL CODE OFTH_E TOWN
OF AVON AS IT RELATES TO MEETINGS OF THE LOCAL LICENSING
AUTHORITY
Town Attorney Dunn noted this is a housekeeping measure to cause
the Town's code to reflect the reality that the liquor licensing
meetings are held at the same time as regular council meetings.
Mayor Fawcett asked for any public input. Hearing no one, Mayor
Fawcett asked Council for comments.
Councilor Gilman motioned t'o' adopt on'second reading Ordinance
No. 96=23, Series of 1996. Councilor Benson seconded-the motion.
Mayor Fawcett called for aroll call vote.
The motion carried unanimously.
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Ordinances:
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Second Reading of Ordinance No. 96-24, Series of 1996, AN
ORDINANCE AMENDING CHAPTER 9.16 OF THE MUNICIPAL CODE OF THE TOWN
OF AVON-RELATING TO.POSSESSION OF DRUG PARAPHERNALIA; AND
PROVIDING PENALTIES FOR THE VIOLATION HEREOF
Police Chief Gary Thomas stated no changes have been made to the
Ordinance since first reading.
Mayor-Fawcett asked for any public questions. Hearing no one,
Mayor Fawcett asked if Council had any questions.
Councilor Benson motioned to approve on second reading Ordinance
No. 96-24, Series of 1996. Councilor Yoder seconded the motion.
Mayor Fawcett called for a roll call vote.
The motion carried unanimously.
Ordinances:
Second Reading of Ordinance No. 96-25, Series of 1996, AN
ORDINANCE APPROVING A PUD'DEVELOPMENT PLAN FOR AVON MARKET (LOT
22, TRACTS A-AND B, BLOCK 2, BENCHMARK AT BEAVER CREEK -
SUBDIVISION) TOWN OF AVON;'EAGLE-COUNTY', COLORADO, LOCATED-'EAST
OF BEAVER CREEK BOULEVARD-
Councilor Yoder expressed,a conflict of-interest, stepped down
from her seat, and left,the room.
Councilor.Reynolds expressed a.con-flict of interest, stepped down
from his seat, and left'the room.,
Town Planner Karen Griffith reviewed Ordinance No. 96-25,.AN
ORDINANCE REZONING LOT 22, TRACTS A AND B, BLOCK 2, BENCHMARK AT
BEAVER CREEK SUBDIVISION FROM SC (SHOPPING CENTER) ,TO PUD
(PLANNED UNIT-DEVELOPMENT) AND.INCLUDING THE APPROVAL OF A PUD
DEVELOPMENT PLAN FOR CHAPEL SQUARE, TOWN OF AVON, EAGLE COUNTY,
COLORADO, LOCATED-.EAST OF BEAVER CREEK PLACE. Town Planner
Griffith noted revisions from first reading:
name change
- condition 1, sheet 2 =-change date to January 7, 1997
condition 2, = ,the condition is that the owner will provide
eight permanent deed restricted affordable-housing units and the
provisions under that are a.) the sale of the units shall not
exceed the amount - which a family with the Eagle County median
household income for 1996 that's $56,800 or less can qualify,
assuming a 30 year mortgage, a 516 down payment, and an interest
-rate-of 9%. b.) the units are to be occupied as the'primary I place
of the residence of the owners or the tenants. Item c.) the
units shall be occupied by owners or tenants whose income does
not exceed 150% of the Eagle County median household income.- The
units shall be offered for sale based on a phased priority system
where preference will first be given to households whose-incomes-
do not exceed 100% of the Eagle County median household income.
Second priority shall be given to households whose incomes range
from 100% to 120% of Eagle County median household income. Third
priority shall be given to households with income ranges from
121% to 140% of the Eagle County median household income. Fourth
priority shall be given to households whose incomes range from
141% to 150% of the Eagle County median household income.
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Item d.) units may be rented with approval by the Town for the
owner's cost of the unit, including principal and interest,
taxes, property insurance, condominium or homeowners'
assessments, utilities in the owners name, plus-a $20 a month
administrative fee and a reasonable security deposit.
condition 3; = prior to issuance of building permit, the
owner shall dedicate to the Town of Avon, a public right of way
through Tracts A and B and Lot 22, between Beaver Creek Place and
the eastern property boundary of Lot 22.
condition 4., = prior to issuance of building permit, a
vehicular access easement shall be provided for the proposed
parking lot driveway at the eastern boundary of the City Market
property and Lot 22-.
- condition 5, = provide a facade on the Wal-Mart building.to
match buildings B and C in conjunction with the western expansion
'of the existing Wal-Mart building approved as part of this PUD or
within 2 years of the date of issuance of a Temporary Certificate
of Occupancy to the last building constructed, whichever occurs
first.
condition 6, = the PUD plan is approved subject to
completion of technical corrections identified by staff.
Discussion centered on condition 2, c.) regarding Eagle County
median household income. Councilor Gilman recommended the
following language, "over 120% and up to and including 14001".
Discussion centered on condition 2, d.) regarding reasonable
security deposit. Councilor Benson suggested a one month
security deposit.
Mayor Fawcett opened the meeting to public input.
Mr.. Bruce P. Moncrieff, pastor of the Episcopal congregation in
the valley, stated he was representing Carl Walker, the pastor of
the Lutheran congregation of the'Mt. of:the Holy Cross,and'Pastor
Coldwell, of the.Minturn Presbyterian Church:, Pastor Moncrieff
asked if the development included an inter-faith chapel. Mr. Gus
Nicholson, who-is associated with Palmos Development in that he
is involved with-the.rental and sales and also a member of,the
Beaver Creek Religious Foundation, stated the chapel will -be'
Greek Orthodox but it will be open and available to all faiths.
Mr. Mark Mathews, representing Slifer Management who-manages the-
Avon Annex, voiced concern about the humber`of'parking spaces, as
well as linkage of adjacent properties. Mr. Mathews mentioned
the project is short 27 parking spaces and thought Council should
reevaluate the number of parking spaces that are allocated for
the project.
Mr. Rick Pylman, with Peter Jamar & Assoc. and representing EMD
LTD, noted Mr. Leo Palmos-did a great job in Vail on the Gateway
Building. Mr. Pylman mentioned condition #3, that talks about
the public right of.way through Tracts A & B and Lot 22; it does
not specify the width of that is that a 10' sidewalk or a two
lane road or exactly what is the width or intention of the right
of way. Mr. Pylman thought it would be helpful'to clarify in the
Ordinance. To.better phrase; what is the width of the requested
right of way through A & B and Lot 22? Discussion followed. Mr.
Braun stated that his'and staff's intent was that would remain a
two lane road. Town Planner Griffith stated there would be a
separate document dedicating this right- of way, prior to issuance
of building permit.. Planner Griffith noted it does need to be
able to accommodate the two way traffic and the improvements.
Mayor Fawcett directed Planner Griffith to keep in touch with EMD
LTD, through Rick Pylman, since they are starting their planning.
Planner Griffith noted she anticipates the right of way to meet
the Town's standards of a local street. Council suggested that
be added to the Ordinance. Mr: Pylman agreed.
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Town Planner Griffith stated condition 3 will.-be amended to read,
"prior to issuance of building permit owner shall dedicate to the
Town of Avon, a public right of way meeting Town of Avon local
street standards through Tracts A and B, and Lot 22 between
Beaver Creek Place and the eastern property boundary of Lot 22".
Mr. Tom Braun voiced concern about the amended verbiage and asked
if condition 3 could read, "sufficient to accommodate that street
design".
Discussion followed on 40' or'50' for the-'width of..the right of
way. Town Planner Griffith.thought that using the Avon local
street standards would give a little more flexibility.
Mr. John Hailey, representing City Market, spoke in favor of the
project.
Mr,. Charlie Gersbach, with'Slifer, Smith Frampton Vail'
Associates Real'Estate,.informed this development was planned ten
years ago and.with- tenacity, • is coming on line.-:..
Ms. Kate Carey, representing the Chamber of Commerce, stated the
developer of this project has offered the Chamber a fairly below
market rate on leasing 2,500 square feet. 'Ms. Carey offered her
support to the project.
Mr. Peter Koliopoulos, architect and resident of Avon, thought
the project is very strong--from a design standpoint. Mr.
Koliopoulos liked the mixed use and architecture:
Mr. Steve Riden,.architect and an Eagle County resident,
commended Palmos Development on the design for the project.
Hearing no further,public comments, Mayor Fawcett asked Council
for any comments.
Councilor Gilman motioned to adopt on second reading Ordinance
No. 96-25, Series of 1996 with the amendments as revised.'
Councilor Benson seconded the motion.
Mayor Fawcett called for a roll call vote.
The motion carried with Councilor Reynolds and Councilor Yoder
abstaining.
Ordinances:
First Reading of Ordinance No. 97-1, Series of 1997, AN ORDINANCE
AMENDING TITLE 13 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT
RELATES TO WATER SERVICE CHARGES; TO METHODS OF AMENDMENT: AND TO
OTHER MATTERS
Town Attorney Dunn reviewed the Ordinance. Highlights of the
Ordinance; 1.) to reduce the water rates from $2.60 to $2.35.per
thousand gallons and 2.) to permit future amendments to the
appendices by Resolution.
Councilor Benson motioned to approve on first reading Ordinance
No. 97-1, Series-of 1997. Councilor Yoder seconded the motion.
Mayor Fawcett called for a roll call vote.
The motion carried unanimously.
Resolutions:
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'Resolution No. 97-1,. Series of 1997, A RESOLUTION APPOINTING
WILLIAM S. EFTING AS TOWN MANAGER OF THE TOWN OF AVON
Mayor Fawcett read Resolution No. 97-1, Series of 1997 in its
entirety.
Councilor Reynolds motioned to adopt Resolution No. 97-1, Series
of 1997. Councilor Gilman seconded the motion and the motion
carried unanimously.
Resolutions:
Resolution No. 97-7, Series of 1997, A RESOLUTION IN APPRECIATION
OF LARRY BROOKS
Mayor Fawcett read Resolution No. 97-7, Series of 1997 in its
entirety.
Councilor Yoder motioned to approve Resolution No. 97-7, Series
of 1997. Councilor Reynolds seconded the motion and the motion
carried unanimously.
Mayor Fawcett presented Mr. Larry Brooks a plaque in gratefully
appreciation of his services to the town.
Consent Agenda:
a.) Approval of the December 10, 1996,Council Meeting'Minutes
b.) Colorado West Regional Mental Health Employee Assistance
Contract
c.)- RNL Contract / Swift Gulch Public Works Facility
d.) Resolution No. 97-2, Series of 1997, A RESOLUTION
AUTHORIZING PARTICIPATION IN THE COLORADO SURPLUS ASSET
FUND TRUST ("CSAFE")
e.) Resolution No. 97-3, Series of 1997, A RESOLUTION
AUTHORIZING PARTICIPATION IN THE COLORADO COOPERATIVE LIQUID
ASSET SECURITIES SYSTEM ("Colorado CLASS").
f.) Resolution.No. 97-4, Series of 1997;,A RESOLUTION
AUTHORIZING THE INVESTMENT IN FEDERATED MONEY-MARKET FUNDS
g.) Resolution No. 97-5, Series of 1997,,A RESOLUTION APPROVING
THE AMENDED FINAL CONDOMINIUM PLAT OF AVON PLAZA,.LOT 24,
BLOCK 2, BENCHMARK AT BEAVER CREEK, TOWN'OF,.AVON, COUNTY OF
EAGLE, STATE OF-COLORADO
h.) Resolution No. 97-6, Series of 1997, A RESOLUTION APPROVING
THE FINAL PLAT, A RESUBDIVISION OF LOT 29,. BLOCK 2,
WILDRIDGE SUBDIVISION, TOWN-OF AVON, EAGLE COUNTY, COLORADO
i.) Authorization for-recording of Lot 46, Block 2•, Benchmark at
.Beaver Creek, Lakeside Subdivision, Final Plat until
February 28, 1997
j.) Financial Matters
Councilor Yoder motioned to approve the Consent Agenda.
Councilor Benson seconded the motion and the motion carried
unanimously.'
There being no further business to come before Council, Mayor
Fawcett called for a motion to adjourn. Councilor Benson moved
to adjourn. The motion was seconded by Councilor Yoder. The
meeting was adjourned by Mayor Fawcett at 6:25 PM.
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FULLY SUBMITTED:
Patty Lambe CMC 2~
Town Clerk