TC Minutes 01-13-2004MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD JANUARY 13, 2004
A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon,
Colorado in the Council Chambers.
Mayor Buz Reynolds called the meeting to order at 5:30 PM. A roll call was taken with
Councilors Debbie Buckley, Peter Buckley, Mac McDevitt, Brian Sipes and Ron Wolfe present.
Michael Brown was absent. Also present were Town Manager Larry Brooks, Town Attorney
John Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Town
Engineer Norm Wood, Finance Director Scott Wright, Community Development Director Ruth
Borne, Police Chief Jeff Layman, Public Works / Transit Director Bob Reed, Recreation Director
Meryl Jacobs as well as members of the press and public.
Citizen Input
Mayor Buz Reynolds announced and distributed the Holiday Contest Award Winners as follows:
✓ Wildridge Residential: 1St place Chris Evans, 2"d place Pat McKenny; 3rd place Tim
Savage
✓ Avon Core Residential: 1St place Kathy & Dave Martinez, 2"d place Buz Didier, 3rd place
Mike & Eileen Petit
✓ Avon Commercial: 1St place Comfort Inn, Fred Gifnor, 2"d place Ranch Central Jim
Clark, 3`d place Mountain Man Nut & Fruit
✓ ABA Commercial: 1St place Comfort Inn
Mayor Reynolds then noted that the following item would be added to the agenda at this time
because the work session timeframe did not accommodate the topic:
Comprehensive Plan Proposals - presentations from two consulting firms were made regarding
Avon's Comprehensive Plan °Request for Proposal". Community Development,_Director Ruth
Borne noted that OTAK pulled its proposal at the last minute due to the time, constraints
required. At this time representatives from RNL Design (Richard von Luhrte, George, Harrison,
Bob Matatall) and EDAW (Doug Dotson, Todd Chase, Tom Baker) spent some. time each
making presentations to the Town Council and audience. Questions by Council were asked of
each group, some of which were related to the involvement of the Village at Avon
representatives as well as the impacts of fiscal & economic development related to
comprehensive plan development. After some dialogue between Council members, a motion
was made; although most agreed that further discussion, about including the 'financial modeling
would be in order with the chosen consultant. Mayor Pro Tern McDevitt moved to select RNL as
the firm to work with the Town in developing the Comprehensive Plan. Councilor Wolfe
seconded the motion and it passed with a 3 to 2 vote (McDevitt, Sipes, Wolfe - aye; D. Buckley,
P. Buckley - nay; Brown absent).
Ordinances
Town Planner Tambi Katieb presented on first reading Ordinance No. 04-01, Series of 2004, an
Ordinance approving the Lot 61 planned Unit Development (PUD) for Lot.-61; Block 2,
Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. He explained
that IDG3 LLC, the owner of Lot 61, has been working with staff over the last year finalizing a
new PUD Development Plan for Lot 61 as part of an extension of the original PUD development
rights. He presented some of the historical aspects of its development to date.. He noted that
the new PUD Plan and accompanying development agreement set fort h basic development
objectives that Town staff and the applicant have concluded as mutually beneficial. The
proposed development standards reflect a thorough analysis by the Town's financial consultant
(Stan Bernstein & Associates), and set both minimums and maximums of development
consistent with these financial projections. In summary Katieb noted that the owner is receiving
a greatly enhanced development package and the Town is receiving an expanded
transportation center location and improved road and circulation system. The plan is consistent
with the goals of vitalizing Town Center, enhancing the Town transportation system and
physically achieving a logical and desired connectivity to the Confluence site. Staff
recommended approval on first reading of Ordinance No. 04-01. Both the applicant Michael
Hazard & consultant Stuart Borne were present.
Council made several comments and requested some of the proposed changes as follows:
✓ Requested a 3-D model of the plan, relative to the adjacent properties, reflecting what
the building envelope looks like.
✓ Staff to provide a Balance Sheet of the project - what are the maximum entitlements,
what is Town getting & giving up as well as that which the developer is getting & giving
up.
✓ Write very clear description of the "development rights".
✓ Provide a final version of the financial analysis that relates to the proposed development
agreement.
✓ Clarify the next step for the project, i.e. that the project must comply with Town's design
guidelines.
✓ With the concern about the 8-year term; most would prefer that the term be 5 years.
✓ In lieu of the earlier presentation at the work session on the proposed gondola system
for Beaver Creek, it is requested that staff conduct another impact analysis as the BCRC
project relates to the transit hub being proposed for Lot 61.
✓ Review the current request for entitlements with the past entitlements and possibly
consider extending this current PUD since it expires in February.
Some members requested another work session to discuss these many questions & open-
ended topics. And with that suggestion, Councilor Wolfe moved to table until the next meeting
on January 27th, on first reading, Ordinance No. 04-01, Series of 2004, an Ordinance approving
the Lot 61 planned Unit Development (PUD) for Lot 61, Block 2, Benchmark at Beaver Creek
Subdivision, Town of Avon, Eagle County, Colorado. Councilor P. Buckley seconded the
motion. It was suggested that Beaver Creek Resort officials be invited to that work session.
Some further discussion ensued regarding the term of the current PUD. Stuart Borne,
representing the applicant, requested that Council consider adding to the motion that the
property somehow not reverts back to the Town Center zoning. Some clarification was made to
the number of extensions already granted the applicant, and it was noted that the current
entitlements expire next month. Town Attorney John Dunn clarified procedure with regard to
what was being requested & the current motion on the table. Mayor Reynolds called the motion
to vote and it was passed unanimously by those members present (Brown absent).
Further discussion ensued about the project and the timing of the PUD expiration dates. It was
decided that Council receive proposed legislation at the next meeting that would allow them to
continue the current PUD if they deemed it necessary. Councilor Wolfe noted that earlier public
comments (at the work session) and a letter submitted by the Avon Homeowner's Association
should receive some dialogue at the next meeting as well.
Resolutions
Public Hearing
Town Engineer Norm Wood presented Resolution No. 04-01, Series of 2004, a Resolution
approving Preliminary Plat for Lot 61, Block 2, Benchmark at Beaver Creek, Avon, Eagle
County, Colorado. He noted that the IDG3 LLC owner's of Lot 61 submitted a Preliminary Plat
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January 13, 2004
for the Resubdivision of Lot 61 and that the subdivision is in conjunction with a proposed PUD
Development Plan and Development Agreement as discussed earlier. All documents provide
for the dedication of a new road right-of-way connecting the Town Center Mall with Benchmark
Road and a Transportation Hub Easement adjacent to Benchmark Road to allow:construction of
a Transportation Center. Staff recommended approval of this Resolution explaining that it was
only a preliminary plat not a final plat.
Mayor Reynolds opened the public hearing. Comments were heard from Dave Nelson, property
manager for The Seasons Building who expressed concerns with traffic impacts and Chris
Jergens, representing Avon Town Square property owner Al Williams, who had concerns that
were outlined in a letter dated 1/13/04 and submitted at the meeting, (i.e. some of which
included setbacks from the road, density, connections to the confluence property, what is the
quantifiable number of square footage). An Avon Center resident addressed the Council
(unable to hear name) with regard to obtaining communication about future development of the
area. Staff noted the several avenues that exist to obtain information, both, required by State
Statute and otherwise. Mayor Reynolds noted that a public hearing would be'-held at 2nd reading
of the Ordinance and comments made would likely be addressed in the future. Fie then closed
the public hearing. After further comments from Staff & Council about the pros & cons on the
possible action on the resolution, a motion was made.
Councilor Sipes moved to approve Resolution No. 04-01, Series of 2004, a Resolution
approving Preliminary Plat for Lot 61, Block 2, Benchmark at Beaver- Creek, Avon, Eagle
County, Colorado. Councilor Wolfe seconded the motion and it passed with a three to two vote
(McDevitt, Sipes, Wolfe - yea; D. Buckley, P. Buckley - nay; Brown absent).
Town Attorney John Dunn presented Resolution No. 03-55, Series of 2003, A Resolution
ordering a Special Assessment Against Tract J, Benchmark at Beaver Creek, noting that this
Resolution was tabled at the 12/9/03 meeting. He noted that an agreement has-been reached,
however he is still waiting for a deed. He therefore suggests tabling this action until the next
meeting. Councilor Wolfe moved to table until the next meeting Resolution No. 03-55, Series of
2003, A Resolution ordering a Special Assessment Against Tract J, Benchmark at Beaver
Creek. Mayor Pro Tem McDevitt seconded the motion and it passed unanimously, by those
members present (Brown absent).
New Business
Community Development Director Ruth Borne presented Appeal of Planning & Zoning Decision
on 12/16/03 to deny fence application and noted that the applicant requested.that this item be
tabled until the next meeting because she was unable to attend the meeting.
Applicant: Marjorie Marks
Legal: Lot 28, Block 3, Wildridge Subdivision
Zoning: Duplex - PUD
Address: 4491 Wildridge Road West
Councilor Sipes moved to table this item until the January 27~' meeting. Councilor D. Buckley
seconded the motion and it passed unanimously by those members present (Browrvabsent).
Town Engineer Norm Wood presented information (that was discussed, atlength,,at'. the earlier
work session with the Town's water attorney Gary Greer) regarding the Amended Restated
Water Lease. The agreement addresses the lease of water rights to Upper Eagle Regional
Water Authority for water consumed by Avon customers. Staff recommended that the Council
approve the amended and restated water lease agreement as submitted by Glen Porzak, and
an amendment to that which was submitted by Gary Greer, the Town's Water Attorney.
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January 13, 2004
Councilor D. Buckley moved to approve the Amended and Restated Water Lease Agreement
with the effective date of January 1, 1998 as submitted by Gary Greer & by Glen Porzak on
January 7, 2004, with the amendment to be drafted by Gary Greer to limit the lease to 348.17
acre feet and adding that the additional water rights will be provided to the Authority if the
Town's analysis of water rights requirements at full build-out indicate such is necessary to meet
the demand. The Town will complete their analysis no later than May 1, 2004. Councilor Wolfe
seconded and the motion passed unanimously by those members present (Brown absent).
Town Attorney Report
Town Attorney John Dunn reported on an earlier letter that was sent Darlene Sisneros, TCMD
regarding the Village At Avon Municipal Services invoice. More specifically related to the
portion of the invoice related to police services. Dunn noted that he received a response to that
letter, he distributed it at that time, noting that the content was disappointing. A
recommendation on this topic would be before the Council at the next meeting.
Consent Agenda
Mayor Reynolds asked for a motion. Councilor D. Buckley moved to approve the consent
agenda. The motion was seconded and passed unanimously by those members present
(Brown absent).
a. Approval of the December 9, 2003 Regular Council Meeting Minutes
b. Resolution No. 04-02, Resolution approving posting locations for the Town of Avon (Patty
McKenny) Identifies locations for posting agendas & public notices for Town of Avon as required
by Colorado State Statutes
c. Colorado Code Publishing Company - Agreement for Municipal Code Republication (Patty
McKenny) Agreement outlining services for Avon Code republication.
d. TV 8 Advertising Contract (Meryl Jacobs) - a contract outlining commercial and interview
advertising for the Avon Recreation Center.
There being no further business to come before the Council, the meeting adjourned at 8:15 PM.
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
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January 13, 2004