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TC Minutes 02-08-2005MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD FEBRUARY 8, 2005 A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at 6:15 PM. A roll call was taken and Council members present were Debbie Buckley, Kristi Ferraro, Mac McDevitt, Amy Phillips, Brian Sipes and Tamra Underwood. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Town Clerk Patty McKenny, Finance Director Scott Wright, Police Chief Jeff Layman, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works / Transit Director Bob Reed, and Community Development Director Tambi Katieb as well as members of the press and public. Citizen Input The owner of a Mountain Vista employee-housing unit was present to ask why his property taxes increased 130%. After a brief history and discussion of this information, the Council directed the resident to contact either Eagle County or the Mountain Visa Metro District to inquire about specific questions about his tax bill. It was noted that staff conducted some research that found the assessment to be in order. Tim Barton, JMJ Development, addressed the Council with regard to his letter submitted at the meeting and highlighted several of the following items: ■ JMJ Development was not clear on certain building permit requirements. ■ Explained the numerous reasons for the delays in getting the project moving, i.e. lawsuit that materialized at closing. ■ Informed Council that constructions efforts have been mobilized. ■ It was noted that the February 7, 2005 was the deadline for the project to have had some building activity. ■ Reiterated their commitment to the project and introduced others in attendance supporting the project including Pieter van der Hammen (with Equity Investors) and Cal Rossi (the lender). ■ Made the request to extend the building permit final inspection deadline for the Gates at Beaver Creek Project. ■ Noted that JMJ was prepared to put up additional bonds, including $250K cash bond to reassure the final inspection would be successful. ■ A brief review of the project schedule was made. Some comments from Council, staff & developer were made as follows: ✓ Status of legal situation - it was noted that there were no more legal or title issues. The lender acknowledged that funds were approved for the first draw and the lender would not have done so if the title had not been cleared. It was also noted that the project was fully funded. ✓ It was clarified that it was not a full foundation inspection that was required, but rather a "final footings foundation inspection" was required. ✓ A review of exactly what construction has been conducted on the site, i.e. mobilized surveyors, earthwork contractor, created staging area on the site, made way to the first footing, set forms & installed rebar, etc. ✓ It was noted that the construction schedule did not arrive until one week before the inspection was due. ✓ Discussions ensued about the type and amount of the bond the developer would submit to the Town; it was noted that the Town would require adequate funds to at least restore the site. Different amounts were discussed in light of the deposit the developer has already submitted ($60K) and the amount the developer is required to submit as related to the "Employee Housing Impact Fee" as defined in the Development Agreement dated 12/14/04. ✓ It was noted that the Avon Building Official had already authorized one extension on the permit (with other owners) but the Code only allows for one extension, and whenever a building permit is abandoned for 180 days, the resumption of activity is qualified by being at least a final footing inspection. It was also highlighted that there is a default clause in the agreement dated 12/14/04. It was expressed that when the building activity does resume that the activity meets the dates as outlined in the construction schedule. Comments from Council included the idea to either continue supporting the project because the opposite is definitely no better, no project at all; or the consideration that this project is no longer viable or appropriate for the Town based on a new master plan. Some Council members preferred full security of $250K be taken from the developer. Councilor D. Buckley moved to grant an extension up to 6/30/05 and before that time they (the developer) need to have a final footings inspection, that they will give us a cash surety of $250K, and if they don't meet that inspection time, the Town retains the cash; and if the project ,passes the inspection, then they get the cash of $250K back. And it was further clarified that the $250K is in addition to what the Town currently holds on the project. Councilor Sipes seconded the motion. After further discussion about the surety monies and the employee housing impact fee, a fee that was addressed in the new agreement approved by the Town Council in December 2004, the motion was amended. Councilor Buckley asked to amend her motion by adding that if they have met everything, and are entitled to get their $250K back, the Town would return $210K and the remaining $40K would be kept to meet the requirements of the agreement. Councilor Sipes seconded the amended motion and it passed with a five to one roll call vote (Ferraro - nay). Resolution Town Attorney John Dunn presented Resolution No. 05-02, a Resolution rescinding Resolution No. 04-23, series of 2004, declaring the Nottingham Road Improvements (Phase 1) to be in pursuance of a public purpose and authorizing all steps necessary and proper for acquisition of all interests, rights-of-way and/or easements needed to construct such improvements. He noted that the resolution addresses the earlier discussion at the work session related to the Council's direction to stop pursuing certain construction projects on Nottingham Road, i.e. the roundabout. Councilor Sipes moved to approved Resolution No. 05-02; Councilor Buckley seconded the motion and it passed unanimously. Consent Agenda Mayor Wolfe asked for a motion on the Consent Agenda with the condition that letters d) & e) on the agenda be eliminated (items_related to the acquisition of easements for the Nottingham Road Improvement Project). Councilor McDevitt moved to adopt the consent agenda; Councilor Sipes seconded the motion and it passed unanimously. a. Minutes from January 25, 2005 Meeting b. Minutes from February 1, 2005 Special Meeting c. Minutes from Avon Housing Authority Meeting from December 14, 2004 Regular Council Meeting Page 2 of 3 February 8, 2005 There being no further business to come before the Council, the meeting adjourned at 7 PM. RESPECTFULLY SUBMITTED: Patty McKenny, Town Clerk APPROVED: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting Page 3 of 3 February 8, 2005