TC Minutes 09-25-2012MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD SEPTEMBER 25, 2012
A regular meeting of the Town of Avon, Colorado was held at the Avon Town Hall, One Lake Street,
Avon, Colorado in the Council Chambers.
Mayor Carroll called the meeting to order at 5:40 PM. A roll call was taken and Council members
Present were Dave Dantas, Chris Evans, Kristi Ferraro, Todd Goulding, Amy Phillips and Buz Reynolds.
Also present were Town Attorney Eric Heil, Acting Town Manager Patty McKenny, Town Advisor Larry
Brooks, Finance Director Scott Wright, Director PW &T Jenny Strehler, Deputy Town Clerk Catherine
Mythen, as well as other staff members and the public.
APPROVAL OF AGENDA
COMMUNITY & CITIZEN INPUT
a. Commission on Accreditation for Law Enforcement Agencies (Grayson Robinson, CALEA
Commissioner & Arapahoe County Sheriff) Present Certificate of Accreditation to Avon Police
Department
Grayson Robinson, CALEA Commissioner & Arapahoe County Sheriff presented the Certificate of
Accreditation award to the Avon Police Department. He noted that this was a very difficult award to
achieve and congratulated the Police Department for doing such a great job.
b. Metcalf Road Drainage Project Emergency Plan Update (Jaime Pappas, Engineer I) Provide
emergency services plan update/ Memo only
c. Financial Matters (Finance Department) Memo only
d. Budget Retreat Agenda Update for October 9, 2012 (Scott Wright, Finance Director) There was
consensus to change the budget retreat date from October 91h to October 18th beginning at 10 am
until 4 pm at town hall.
CONSENT AGENDA
a. Minutes from September 11, 2012
Mayor Carroll asked for a motion on the Consent Agenda. Councilor Dantas moved to approve the
minutes from September 11, 2012; Mayor Pro Tern Ferraro seconded the motion and it passed
unanimously.
RECOMMENDATIONS OF PLANNING & ZONING COMMISSION
a. Public Hearing on a Preliminary PUD Application for the Brookside Park PUD (Jared Barnes,
Planner I) Owner Riverview Park Associates application submittal for a request to modem the list
of permitted uses for Lot 1, Brookside Park PUD, to permit up to twenty-four (24) residential
dwelling units in place of existing office uses. This hearing is continued from 9 111112 meeting
Jared Barnes, Planner I, presented the preliminary PUD application for the Brookside Park PUD. The
applicant requested to modify the list of permitted uses for Lot 1, Brookside Park PUD, to permit up to
twenty -four (24) residential dwelling units in place of existing office uses. He noted that staff
requested a continuation of the public hearing in order to provide direction to the applicant regarding
including public benefits in their application. Mayor Carroll opened the public hearing, no comments
were heard and the hearing was closed. Councilor Reynolds moved to continue the Preliminary PUD
Application for the Brookside Park PUD to the October 91h regular meeting; Councilor Phillips seconded
the motion and it passed unanimously.
a. Public Hearing on Ordinance No. 12 -10, Series of 2012, First Reading, Ordinance Implementing
Settlement Term Sheet to Resolve Pending Litigation on 2008 CV 385 and 2010 CV 316;
Approving the Consolidated and Restated Annexation and Development Agreement; Approving
Acceptance of Real Property and Equipment; Approving the Acceptance and Conveyance of
Water Rights; Approving an Amendment to Village (at Avon) PUD; Approving a Re plat of Lot 1;
Approving Amendments to Chapter 18 of the Avon Municipal Code; and Taking such other
Actions as Set Forth Herein to Implement the Settlement Term Sheet
Applicant Representatives:
Michael Lindholm, Magnus Lindholm & Marcus Lindholm TCMD & Traer Creek LLC
Dan Leary, President Traer Creek Metro District
Munsey Ayers, Otten Johnson Robinson Neff & Ragonetti, representing Traer Creek LLC
Mary Jo Dougherty, McGeady Sisneros representing Traer Creek Metro District
Brandi Caswell, Faegre Baker Daniels, representing BNP Parribas Bank
Barbara Eppolito, Director in Value Preseratin Group of BNP Paribas
Harvey Robertson, RMTArchitects and consultant to Traer Creek LLC
Pat Peeples, Peeples Ink
Village (at Avon) Topics & Presentations include:
1. Executive Summary & Financial Modeling: Town of Avon Cash Flow Based on Settlement Term
Sheet (Stan Bernstein)
2. Traer Creek LLC & Traer Creek Metropolitan District "Development Plan Application" including
the following items (Developer & Metro District Representatives):
a. Consolidated, Amended and Restated Annexation & Development Agreement for the Village
(at Avon) v 15
b. The Village (at Avon) Amended and Restated PUD Guide v 16 and Map v 11
c. Minor Subdivision Application for the Purpose of Resubdividing Lot 1, Amended Final Plat,
The Village (at Avon) Filing 1 Avon Colorado, Eagle County
3. Review PUD Amendment Application in accordance with Review Criteria and compile Report of
Findings (Town Council)
4. Public Input
5. Review Ordinance No. 12 -10 referenced above (Town Council)
Rich Carroll, Mayor gave a brief overview of the process noting that there would be a presentation
from Town staff, discussion with regarding the outstanding issues and then a public hearing. Mayor
Carroll noted that the financial questions received before the meeting from Avon resident Bette Todd
would be addressed at the next council meeting.
Stan Bernstein from Bernstein and Associates gave a review of the financial modeling. He reviewed the
following items:
➢ Projected Cost to provide services to Village at Avon
➢ Funding Sources to provide services to Village at Avon
➢ Traer Creek Metro District Analysis of what year the 87 M bonds might be retired
Eric Heil, Town Attorney noted that Ordinance 12 -10 would approve certain actions to implement the
Settlement term sheet related to litigation with Traer Creek LLC, Traer Creek Metro Politian District and
BNP Paribas. The following items were discussed:
➢ PUD Guide version 16
➢ Condominium Plat
➢ School Site Dedication
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Minutes 12.09.251" R utes 12
➢ Closing Escrow Agreement
➢ CARADA version 15
➢ Conveyance Documents
Munsey Ayers, Otten Johnson Robinson Neff & Ragonetti, representing Traer Creek LLC was available for
comment on these items.
Dee Wiser, Sherman and Howard Special Counsel to the town and the water Authority was available for
comments.
Mayor Carroll opened the public hearing
The following people commented:
✓ Michael Cassioppo commented on cost of the legal fees to the town and Avon residents and all
the benefits the Developer brought to the town.
✓ Paul Mulroney noted that the application was very vague
✓ Nancy Nottingham thanked the council and Planning and Zoning for the time that they have all
spent reviewing the documents provided. She also commented on the original agreement and
the school site
✓ Bette Todd read into the record a letter from Avon residents that are concerned with the
development
✓ Walter Dandy commented that he was pleased that the, Developer was willing to provide a
"trees screen" on Eaglebend Drive
✓ Ron Wolfe commented on the litigation and the length of time it was taking to come to an
agreement; he noted that the parties should continue to work through the agreement and was
not in favor of going to trial. He also commented on the dedicated school site.
✓ Bette Todd also agreed with Ron Wolfe's comments about the agreement
✓ Mark Shelby commented on developing in Avon
✓ Carol Kruger was not in favor of the settlement agreement
✓ Tamra Underwood was not in favor of the settlement term sheet
✓ Bette Todd read into the record information regarding the modification of district services
✓ Brandi Caswell, Faegre Baker Daniels representing BNP Parribas Bank, made general comments
about the community involvement
The public hearing was closed.
Mayor Carroll asked when the deadline was to extend the letter of credit to the applicant. Brandi
Caswell, Faegre Baker Daniels representing BNP Parribas Bank, noted the bank would need to notify the
applicant by October 12`h. The council members made some comments and reiterated the need to have a
complete package of final documents. Councilor Dantas, Evans and Goulding supported the settlement
agreement based on the terms and conditions of the agreement but needed to see a complete
application before they would consider approving the ordinance. Councilor Phillips, Reynolds, Mayor
Pro tem Ferraro & Mayor Carroll did not support the settlement and also noted that they need to see a
complete application.
Mayor Carroll moved to convene into Executive Session at 11:30 PM; Councilor Dantas seconded the
motion and the town council moved to another office for confidential discussions.
The Regular meeting reconvened at 11:45 pm with the Mayor who thanked the public for input. The
schedule was also reviewed for the next few meetings. Councilor Evans moved to approve continuing
the Public Hearing on Ordinance No. 12 -10, Series of 2012, First Reading, Ordinance Implementing
Settlement Term Sheet to Resolve Pending Litigation on 2008 CV 385 and 2010 CV 316; Approving the
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Minutes 12.09.25Miaote° ''u x.99.'' r
Consolidated and Restated Annexation and Development Agreement; Approving an Amendment to
Village (at Avon) PUD; Approving Amendments to Chapter 18 of Avon Municipal Code; and Taking such
other Actions as Set Forth Herein to Implement the Settlement Term Sheet to the October 9th Town
Council meeting. Councilor Reynolds seconded the motion and it passed unanimously. The public
hearing was continued until the October 9th regular meeting. Mayor Carroll noted that the applicant
had until Friday September 29th at 5:00 PM to submit a completed application to Staff.
There being no further business to come before the Council, the regular meeting adjourned at
12:10 AM.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Kristi Ferraro
Todd Goulding
Amy Phillips
Albert "Buz" Reynolds
RESPECTFULLY SUBMITTED:
Catherine Mythen, Deputy Town Clerk
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Minutes 12.09.25 ""'^� ,nte� '°:'�