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TC Minutes 09-22-1998MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD SEPTEMBER 22, 1998 - 5:30 PM . , A regular meeting 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 Jack Fawcett at 5:35 PM. A roll call was taken with Councilors Jim Benson, Richard Carnes, Bob McIlveen; Buz Reynolds, Sr., Buz Reynolds, Jr., and Mayor Protem Judy Yoder present. Also present were Town Manger Bill Efting, Town Attorney John Dunn, Assistant Town Manager Larry Brooks, Town Clerk Kris Nash, Community Development Director Mike Matzko, Town Engineer Norm Wood, Public Relations Specialist Kristin Kenney-Williams, Public Works Superintendent Bob Reed, and Planner George Harrison as well as members of the press and public. Citizen Input: New Split Rail Fence Around Nottingham Park Mayor Fawcett announced Darrel Cooter was to make a presentation, but has become ill and will not be here. Citizen Input: Introduction of Jen Brown, Interim Executive Director of Chamber of Commerce and James Thomason, President of Chamber of Commerce Mr. Thomason stated Kate Carey, current executive director of the Chamber, is leaving the Chamber. Jen Brown has been appointed acting executive director. The position is being advertised. Ms. Brown stated she is available for any questions the Council may have. Ms. Brown also announced the Chamber of Commerce annual dinner is October 4' at Four Eagle Ranch. Ordinances: First Reading of Ordinance No. 98-14, Series of 1998, AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN OF AVON, COLORADO (THE "TOWN'), OF CERTAIN PROPERTY AS DESCRIBED IN THE VILLAGE AT AVON PETITION FOR ANNEXATION NO. 1 (THE "PETITION FOR ANNEXATION") First, Reading of Ordinance No. 98-15, Series of 1998, AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN OF AVON, COLORADO (THE "TOWN" OF CERTAIN PROPERTY AS DESCRIBED IN THE'VILLAGE AT AVON PETITION FOR ANNEXATION NO.2 (THE "PETITION: FOR ANNEXATION") FirstReading of Ordinance No. 98-16, Series of 1998, AN ORDINANCE APPROVING THE PLANNED UNIT DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS (THE PUD PLAN) FOR THE VILLAGE AT AVON WHICH ESTABLISHES THE ZONING FOR THOSE LANDS ANNEXED TO THE TOWN OF AVON, COLORADO, AS DESCRIBED IN THE ATTACHED EXHIBIT "A", AND APPROVING A SITE SPECIFIC DEVELOPMENT PLAN ESTABLISHING A VESTED PROPERTY RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S., TOWN OF AVON, EAGLE COUNTY, COLORADO First Reading of Ordinance No. 98-17, Series of 1998, AN ORDINANCE APPROVING THE ANNEXATION AND DEVELOPMENT AGREEMENT (THE "AGREEMENT") BETWEEN THE TOWN OF AVON (THE "TOWN") AND EMD LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY, PVRT NOTT I LLC, A COLORADO LIMITED LIABILITY COMPANY, PVRT NOTT II LLC, A COLORADO LIMITED LIABILITY COMPANY AND PVRT NOTT III LLC, A COLORADO LIMITED LIABILITY COMPANY (COLLECTIVELY, THE "OWNER") CONCERNING ANNEXATION OF THE LANDS DESCRIBED IN THE VILLAGE AT AVON PETITIONS -FOR ANNEXATION NUMBERS 1 AND 2 (COLLECTIVELY, THE "ANNEXATION PETITIONS") AND ORDINANCES NUMBER 98-14 and 98-15 (COLLECTIVELY, THE "ANNEXATION ORDINANCES") AND CONCERNING THE DEVELOPMENT RIGHTS AND RESPONSIBILITIES OF THE TOWN AND THE OWNER WITH RESPECT THERETO;1AND AUTHORIZING AND INSTRUCTING THE MAYOR OF THE TOWN OF AVON TO SIGN THE AGREEMENT ON BEHALF OF THE TOWN; AND APPROVING A SITE SPECIFIC DEVELOPMENT PLAN ESTABLISHING A VESTED PROPERTY RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S., AS AMENDED Mayor Fawcett stated this is the first reading of the ordinances and; therefore, it is not a public hearing. Attorney Dunn was asked to educate all those in attendance of the reason for first reading and why it is not a public hearing. Town Attorney Dunn stated the Town's Planning & Zoning Commission (P&Z) recommended approval of Ordinance No. 98-16 on September V regarding the planned unit development plan with certain conditions. The Town's planning and zoning code states any recommendations by the P&Z with respect to proposed rezoning must be reviewed by the Council and acted upon within 30 days of the recommendation by P&Z. At the last regular Council meeting the applicant of that ordinance requested it be tabled for 2 weeks so the 30 day period is extended by 14 days so Council actually has 44 days to act on the recommendation by the P&Z. Council must consider Ordinance No. 98-16 on second reading at the regular meeting on October 13. In order to do so, Council needs to adopt the ordinance on first reading at this time. Ordinances 98-14, 98-15 are conditional'upon approval of the zoning. They must be considered tonight and go to second reading on October 13 also. Ordinance 98-17, the development agreement, is tied into the annexation and. the approval of the PUD and; therefore, needs to be adopted by Council on first reading So all four ordinances as a package can move forward to second reading on October 13. " Attorney Dunn stated first reading is just procedural to get the matter before the Council with final decision before Council on October 13. Mayor Fawcett stated because it is not a public hearing he would like to limit the comments to those that have not yet spoken or have something new to comment. Mr. John Dwight read a letter from Jimmie Heuga expressing his support for the Village at, Avon project. Mr. Ron Brave, resident of Edwards and representative of the Eagle Valley Homebuilders Association. stated the Association is in favor of the project. They feel it is a well thought out and needed project in this valley that fits in the town. He urges Council to show their support and vote in favor of the project. Mr. Brian Nolan, resident of Avon and business owner in Beaver Creek, stated the master plan for both Eagle County and Avon states this is exactly the type of development this area specifies in the plans. He feels, the burden of employee housing should not be put on one person; there won't be a traffic problem; there is open space everywhere in the County; revenue sharing is a good way to go; the interchange on I-70 must be done; Council needs to know the facts; Council must vote for the good of the Town. What 0 • happens if this project does not get passed through the Town and goes back to the County? Mr. Rick Mueller of Singletree stated his concern is the traffic and the timing the interchange will be put in on I-70. He stated he spoke with Department of Transportation employees who stated the fastest they ever heard of an interchange being put in was eleven years. The Town needs some guarantees the interchange will be put in. Mr. Brian Widell, resident of Edwards and works in Avon, stated this is a well planned development that he highly endorses and hopes the Council does so too. Father Ed Poehhmn, representing the Catholic parish and St. Claire of Assisi in Edwards, supports the applicant and feels they are doing a good job with the housing situation. Mr: Peter Zent; resident of Edwards, is in favor of the project and Mr. Forstmann is doing a great job with the number of employee housing units. He feels the developer has cut back on the commercial space adequately. Mr. Seth Marks, resident of Beaver Creek, feels it is a good project that offers a good plan. - He would not like to see it go back to the County. Mr. Jason Denhart, resident of Avon, stated this is not the right development because it is too big and too dense. He is upset by the big open lots for the wealthy and the rest of the people get crammed into a couple hundred acres stacked on top of each other. He is concerned about the water treatment plant because it cannot handle the amounts it has to deal with now. Mr. Mike Perkin, resident of Eagle-Vail, stated he would rather see the development on the valley floor than in the mountains. He believes the density should be in the I-70 corridor bottom lands. Mr. George Mongon, CEO of Steadman Hawkins, is in favor of the project and encourages the Council to vote in favor of the project. There being no further comments, Mayor Fawcett asked for action from the Council. Councilor Benson motioned to approve on first reading Ordinances 98-14, 98-15, 98-16, and 98-17, Series of 1998. Councilor McIlveen seconded the motion. Councilor Carnes questioned where the applicant stands on the issues that the Planning & Zoning Commission has stated in their recommendation. Mr. Peter Jam r, representing the applicant, commented on the 15 conditions made by the P&Z Commission for approval. They have worked with the staff and have come to an agreement on all but three of the conditions. The applicants have agreed that the design review guidelines will be submitted to the Town for their review and approval. The three that we are in disagreement on are 1) the extension of Swift Gulch Road to the interchange, which they are working on a compromise 2) the request to delete lots 1 through 5 of the plan. We have agreed to delete lots 1 and 5, but leave lots 2 through 4. Staff feels it is an environmental and wildlife sensitive area because of the pond 3) Calculation of commercial floor area, whether or not the thickness of the outside walls of the buildings are counted as floor area. Community Development Director Mike Matzko stated that there are details on all of the conditions, but they have reached a general agreement. Regarding the housing issue and the appreciation cap, the applicant proposes 5 we want 3. They have agreed to sign a master housing agreement, which we feel is one of the largest issues. Regarding removing the lots, the area is a lush valley and any house put in will be great for the homeowner, but bad for the valley. As a complete system, the valley makes a logical unit 3 to keep in tact. It will be a private pond for the homeowners if homes are built there. Mr. Matzko suggested the Council take a site tour. Mayor Protem Yoder asked Mr. Matzko his stand on the Urban Land Institute (ULI) definition of gross leasable area versus the applicant. Mr. Matzko stated the ULI is a clearing house for-informatiori for development. It is the leading authority on nationwide development information. They include the outside walls in their model zoning code to build in a cushion. Mayor Protem Yoder stated she is concerned that we had a public meeting on September 2°a and heard over and over that people had problems with access, revenue sharing, size and density, and does not feel those have been adequately addressed. She wants to see these passed on first "reading to see if we can come to anything in the next three weeks, but at this point she is not looking positively toward it on second reading. Mr. Bill Post, representing the applicant, stated we have been working very hard with the Town staff on the PUD and to answering the 15 issues that P&Z came up with. We have listened to the citizens and are doing our best to contact everyone concerned so they can understand the project, the funding, the size, etc. We would then like to request a,public worksession with the Council before the final hearing. We have put ads in the newspapers for people to contact us about their concerns and to educate them. We have also sent notices out to every registered voter in the town. Mayor Fawcett asked for a roll call. The motion carried unanimously. Ordinances: Second'Reading of Ordinance No. 98-19, Series of 1998, AN ORDINANCE AMENDING CHAPTER 2.24 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO THE PERSONNEL MERIT SYSTEM Mayor Fawcett stated this is a public hearing. There being no comments, Mayor Protem Yoder motioned to approve on second reading Ordinance No. 98-18, Series of 1998. Councilor Reynolds, Jr. seconded the motion. Mayor Fawcett asked for a roll call. The motion carried unanimously. Resolutions: Resolution No. 98-56, Series of 1998, A RESOLUTION OF THE TOWN OF AVON, EAGLE COUNTY, COLORADO APPROVING THE CONSOLIDATED SERVICE PLAN FOR CONFLUENCE METROPOLITAN DISTRICT AND AVON STATION METROPOLITAN DISTRICT Mayor Fawcett stated this is a public hearing. Mr. Gary White, representing the applicant, gave to the Town Clerk copies of publishers affidavits and certificates of mailing of notices, and a copy of the errata sheet provided to Council earlier today and requested be made part of the record. Mr. White stated a service plan dated September 4 was submitted and requested this heari ng. That service plan has,been modified as of September 21 (black line draft) and request the black line draft be made part of the record as well as the errata sheet. We are requesting approval of the September 4 service, plan as modified by the September 21 draft and the errata sheet. 0 4 0 i 0 We are proposing the formation of two districts. They will service the Avon Station area and the Confluence area that was conditionally annexed last month based on a detailed development agreement being negotiated and executed by October 31. We request that the service plans be approved on that same condition. Following that date, the service plan will be amended to conform with the development agreement. We believe the plan meets the technical requirements of the statute, we also acknowledge that the plan will need amendment. The process for amendment will be that following execution of the development agreement we will again tender a service plan in a modified form conforming with that development agreement. There will again be publication of notice and full hearings on the matter. We are requesting approval of the service plan conditioned upon execution of the development agreement by October 31 and then conditioned upon amendment of the service plan thereafter. Upon successful approval tonight, a reformatted version will be forwarded to Attorney Dunn containing the changes in the September 21 draft and the errata sheet as well as any changes requested at tonight's hearing. Mayor Fawcett asked Attorney Dunn if the resolution enables Council to do all of the future amendments as indicated by Mr. White. Attorney Dunn stated it would after Councilmember Yoder amends it. Mayor Protem Yoder motioned to approve Resolution No. 98-56, Series of 1998, with the following change: page two, number two to read - The Town Council of the Town of Avon, Colorado does hereby approve the consolidated service plan for Confluence Metropolitan District and Avon Station Metropolitan District as submitted conditioned on execution of a development agreement for the property within the districts by October 31, 1998 and amendment of the service plan to conform to the development agreement. Councilor Benson seconded the motion. Councilor McIlveen stated he would abstain from the vote. The motion carried unanimously. Resolutions: Resolution No. 98-59, Series of 1998, A RESOLUTION IN APPRECIATION OF ANDREW KAROW Mayor Fawcett read the Resolution in full. Mayor Fawcett asked for any comment. There being no comment, Mayor Fawcett asked if all Council was if favor. All Council was in favor and the Resolution passed unanimously. Resolutions: Resolution No. 98-60, Series of 1998, A RESOLUTION APPROVING THE PRELIMINARY PLAT, CONDOMINIUM MAP, LODGE AT BROOKSIDE, A RESUBDIVISION OF LOT 2, BROOKSIDE PARK AMENDMENT II, TOWN OF AVON, EAGLE COUNTY, COLORADO Mayor Fawcett stated this is a public hearing. Councilor Benson motioned to approve Resolution No. 98-60, Series of 1998. Mayor Protem Yoder seconded the motion. The motion carried unanimously. 5 Unfinished Business: Councilor Reynolds, Jr. questioned the list for delinquent assessments for Wildridge. It was confirmed that they were on the list because they have not yet paid the annual assessment included in the property taxes. Town Manager Report: Town Manager Efting reported that flyers were hand delivered today for the September 25, 1998 meeting in Wildridge and park dedication. Consent Agenda: a.) Approval of the September 8, 1998, Council Meeting Minutes b.) Resolution No. 58, Series of 1998, A RESOLUTION CERTIFYING DELINQUENT ASSESSMENT PAYMENTS FOR LOCAL IMPROVEMENT DISTRICT NO. 1990-1 (WILDRIDGE SPECIAL IMPROVEMENT DISTRICT) FOR COLLECTION BY EAGLE COUNTY TREASURER c.) Resolution No. 98=61, Series of 1998, A RESOLUTION APPROVING THE FINAL PLAT, CONDOMINIUM MAP, LODGE AT BROOKSIDE, A RESUBDIVISION OF LOT 2, BROOKSIDE PARK AMENDMENT II, TOWN OF AVON, EAGLE COUNTY, COLORADO d.) Agreement with Vail Resorts Development Company for Reimbursement to Town of Avon e.) Change Order # 29 1998 Street Repair and Improvements / Swift Gulch Road f.) Financial Matters Mayor Protem Yoder motioned to approve the Consent Agenda. Councilor McIlveen seconded the motion. The motion carried unanimously. There being no further business to come before the Council, Councilor Benson motioned to adjourn the meeting. Mayor Protem Yoder seconded the motion. The motion carried unanimously. The meeting was adjourned at 7:30 PM. Y SUBMITTED: 0 0 Town Clerk. APPROVED: