Loading...
TC Minutes 02-26-2013TOWN OF AVON, COLORADO � MI NUTES FOR THE AVON REGULAR MEETING FOR TUESDAY FEBRUARY 26, 2013 VTVH N MEETING BEGINS AT 4 PM AVON TOWN HALL, ONE LAKE STREET CALL TO ORDER AND ROLL CALL Mayor Pro Tern Todd Goulding called the meeting to order at 4:05 PM. A roll call was taken and Council members present were Dave Dantas, Jennie Fancher, Buz Reynolds and Jake Wolf. Rich Carroll was initially absent, but arrived at 4:20 PM. Councilor Chris Evans was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager /Town Clerk Patty McKenny, Finance Director Scott Wright, Planners Matt Pielsticker and Jared Barnes, as well as other staff members and the public. APPROVAL OF AGENDA It was noted that there would be WORK SESSION a) MEET WITH PLANNING AND ZONING COMMISSION: PZC members present included Chris Green, Scott Prince, Phil Struve, Paul Anderson, John Minervini, Timothy Losa, and Jim Clancy. The topics reviewed at the meeting are listed and the 201312014 Strategic Plan was reviewed; PZC requested an opportunity to review the work plan at their next meeting. ✓ PZC Roles & Responsibilities. ✓ TOA 2013/2014 Strategic Plan and Work Plan by Quarter ✓ Schedule Next Joint Meeting for Tuesday, August 27, 2013 A TOWN RECEPTION WAS HELD FROM 5:30 PM UNTIL 6 PM FOR RETIRING OFFICER SANTIAGO (JIM) PEREZ IN RECOGNITION OF HIS YEARS OF SERVICE WITH THE AVON POLICE DEPARTMENT. PUBLIC COMMENT There were no public comments at this time. ACTION ITEMS a) RESOLUTIONS i) Resolution No. 13 -05, Series of 2013, Resolution in Appreciation of Police Officer Santiago Perez's Years of Service Chief Ticer presented an award to Officer Perez for his years of service and role as a master police officer. Mayor Carroll read Resolution No. 13 -05 thanking Officer Perez for his service. Councilor Dantas moved to approve Resolution No. 13 -05, Series of 2013, Resolution in Appreciation of Police Officer Santiago Perez's Years of Service. Councilor Wolf seconded the motion and it passed unanimously by those present (Councilor Evans absent). ii) Resolution No. 13 -o6, Series of 2013, Resolution In Appreciation of Recreation Director Meryl Jacobs' Years of Service Mayor Carroll read Resolution No. 13 -o6 thanking Recreation Director Meryl Jacobs for her service. Mayor Pro Tern Goulding moved to approve Resolution No. 13 -o6, Series of 2013, Resolution In Appreciation of Recreation Director Meryl Jacobs' Years of Service. Councilor Reynolds seconded the motion and it passed unanimously by those present (Councilor Evans absent). EXECUTIVE SESSION At 6:30 pm, Mayor Pro Tern Goulding moved to convene to an Executive Session to discuss the following: 1) Discussion to determine positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and /or instructing negotiators, under C.R.S. §24- 6- 402(2)(e) related to Avon Town Council Meeting February 26, 2013 Page i Of 7 TOWN OF AVON, COLORADO MINUTES FOR THE AVON REGULAR MEETING FOR TUESDAY FEBRUARY 26, 2013 AVON MEETING BEGINS AT 4 PM ` " " ^ ° ° AVON TOWN HALL, ONE LAKE STREET economic development The motion was seconded by Councilor Wolf. Prior to meeting in executive session, Michael Cacioppo, Avon resident, provided the following comments about the executive session agenda language: ✓ The Vail Daily advertisement in newspaper font is too small; requested larger font size. ✓ He expressed that he did not think the Executive Session language was transparent enough for the public to understand the topic to be discussed and requested that the town reveal the details to be discussed. At that time, Town Attorney Eric Heil noted that the language was legally appropriate on the agenda and there was no need to explain anything more specifically at this time. The Town Council then met in Executive Session. Mayor Carroll noted that the executive session adjourned at 7:15 pm and they were now reconvened in regular session. He asked if any Town Council member believed that any discussion in executive session was inappropriate and not related to the topic and purpose of the executive session to please state the objections at this time; there were no objections. b) CONSENTAGENDA i) Minutes from February 12, 2013 Councilor Reynolds moved to approve the minutes; Mayor Pro Tern Goulding seconded the motion and it passed unanimously by those members voting (councilor Evans absent). Mayor Carroll presented the Lot 61 Wyndham Vacation Club Development Application noting the following two items be considered by the Town Council at this time on second reading. He noted that both ordinances were approved on first reading on February 12, 2013. Some introductory comments were made summarizing what would be considered with the ordinances and applications. c) LOT 61 WYNDHAM VACATION CLUB DEVELOPMENT i) Public Hearing on Second Reading on Ordinance No. 13 -02, Series of 2013, Ordinance Approving amendments to the Avon Development Code to amend definitions, permitted uses in the Town Center Zone District, and amendments to regulations concerning time shares and fractional ownership ii) Public Hearing on Second Reading on Ordinance No. 13 -03, Series of 2013, Ordinance Approving a Rezoning Application from the Planned Unit Development (PUD) Zone District to the Town Center (TC) Zone District, for Lot 1, a Resubdivision of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County; Approving a Major Development Plan Application; Approving an Alternative Equivalent Compliance Application; and Approving a Development Agreement for "Wyndham — Lot 61 ", located on lot 1, a Resubdivision of 61, Block 2, Benchmark at Beaver Creek. Jared Barnes, Planner I, presented Ordinance No. 13 -02, the code text amendment in response to issues brought forth at the December 18th, 2012 Planning and Zoning Commission meeting with regard to the legality of timeshare uses within the Town Center zone district. It was noted that Ordinance 13 -02 proposed Code Text Amendments that would amend the following portions of Title 7, Development Code: Chapter 7.08, Definitions; Section 7.24.040, Table of allowed uses; Table 7.24 -1, Table of allowed uses; Section 7.24.050, Use - specific regulations; and, Section 7.24.060, Special review uses. He noted that there were no changes to the ordinance from first reading and the proposed legislation addressed the following items: ■ an amendment to AMC Chapter 7.08, Definitions, is to establish definitions for "Hotel, Motel, and Lodge" and "Vacation Club ". Avon Town Council Meeting February 26, 2013 Page 2 of 7 TOWN OF AVON, COLORADO No '� MINUTES FOR THE AVON REGULAR MEETING FOR TUESDAY FEBRUARY 26, 2013 �V U N MEETING BEGINS AT 4 PM AVON TOWN HALL, ONE LAKE STREET • an amendment to AMC Section 7.24.040, Table of allowed uses, and Table 7.24 -1, Table of allowed uses, is to establish a use type of "Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership /Vacation Club Ownership" and its allowance within each zone district. • an amendment to AMC Section 7.24.050, Use - specific regulations, is to establish specific limitation and conditions for "Dwelling, Timeshare, Interval Ownership or Fractional Fee Ownership ( "timeshare ") ". • an amendment to AMC Section 7.24.o6o, Special review uses, is to establish a special review use process for any conversion of an existing dwelling to a "timeshare" use. Mayor Carroll opened the public hearing, no comments were made, and the hearing was closed. Mayor Pro Tern Goulding moved to approve Ordinance No. 13 -02, Series of 2013, Ordinance Approving amendments to the Avon Development Code to amend definitions, permitted uses in the Town Center Zone District, and amendments to regulations concerning time shares and fractional ownership. Councilor Wolf seconded the motion and it passed with a six to one vote by those present (Councilor Reynolds — nay; Councilor Evans absent). Mayor Pro Tern Goulding move to waive the application fee for the Code Text Amendment application. Councilor Wolf seconded the motion and it passed unanimously by those present (Councilor Evans absent). Mayor Carroll presented the next agenda item, Ordinance No. 13 -03, and noted that the staff report summarized the development application components related to "Wyndham - Lot 61" and that all would be considered as one ordinance. He explained that the owner of the lot, Wyndham Vacation Resorts, Inc. ( "Owner ") was seeking approval of a fifty -eight (58) unit timeshare project, with supporting retail space. In addition, he noted that the Ordinance was drafted to include all items relevant to the project such as the Rezoning, the Major Development Plan, the Alternative Equivalent Compliance ( "AEC ") application (collectively the "Application "), and related Development Agreement for Lot 61. Dominic Mauriello, Mauriello Planning Group, noted that there were no additional comments; he did provide some slides that showed a revised site plan, revised Level 1 plan, revised parking level plan, and revised west elevation slide. There was a summary of how the trash containers would be on the lower level and trash will be removed in the underground parking area and around the building; smaller truck would remove the trash. Matt Pielsticker provided an update on the following items which were reviewed at the February 12, 2013 meeting and required some follow -up, information provided in staff memo: 1. Development Agreement and Development Plan shall be amended to not permit trash removal on Lettuce Shed Lane. Staff Response: This condition has been verified in both the Development Agreement and the Development Plan. The widened path and trash truck exhibit have been removed from the Development Plan drawings (Attachment A). This condition is also made abundantly clear in Section 6.1(b) of the Development Agreement. 2. Development Agreement shall provide that on the west side of the building, Town shall fund, construct and maintain the Lettuce Shed Lane pedestrian path and landscaping to the west side of path. Town and Applicant shall coordinate landscaping on Lettuce Shed Lane to insure consistency in planting. Staff, Response: This has been demonstrated in both documents. Staff will continue to coordinate the construction in this area prior to a certificate of occupancy for the project. 3. Applicant shall agree to provide a mock -up of exterior materials, which shall be reviewed by Avon Planning and Zoning Commission with the right to appeal to the Town Council in accordance with the Avon Development Code procedures. Staff Response: This condition has been added to Ordinance 13 -03. Staff is comfortable facilitating the successful implementation of this condition with PZC if the project moves forward. Avon Town Council Meeting February 26, 2013 Page 3 of 7 TOWN OF AVON, COLORADO MINUTES FOR THE AVON REGULAR MEETING FOR TUESDAY FEBRUARY 26, 2013 AVON MEETING BEGINS AT 4 PM AVON TOWN HALL, ONE LAKE STREET 4. The Development Agreement shall be amended to provide that testing of the generator shall occur no more frequently than once a month and shall define hours of testing. Staff Response: After learning more about the timing and frequency that the generator(s) behind the louvers would be utilized, the Council was comfortable with the location of the louvers (near the transit stop underneath the sales center) as long as it was called out in the approval. The Development Agreement now includes language verifying that the generator will be tested no more than once per month. 5. The Development Plan shall be amended to define location and type of bench. Staff Response: The location of the "Landscape Forms, Chase Park Bench in Olive Powder Coat finish" is now indicated on the attached (revised) Landscape Plan. See Page 70 of the attached (revised) Landscape Plan in Attachment A. 6. Town Staff shall verify financial assumptions with Applicant for real estate transfer tax. Staff Response: The Town Council requested clarification on the predicted collections for real estate transfer tax, based on the model that was presented jointly by the Applicant and Scott Wright, Finance Director, at the last hearing. This issue is that the percent of interests sold in the timeshare project total more than loo %. For example, in year 3 it is anticipated that 70% of the interest (points) would be sold and then in year 4 there is another 50% being sold, for a total of 12o %. As the Applicant indicated at the meeting and now verified by Wyndham, this is due to the anticipation of points that are returned to Wyndham due to foreclosures and similar returns (i.e. voluntary returns). Those interests are then resold by Wyndham and thus, in some cases, trigger another taxable event. Staff is comfortable with the model as presented and feels that it reasonably predicts this particular revenue stream, based on Wyndham's professional experience with this product type. Eric Heil, Town Attorney, noted revisions to the development agreement as follows: 1. Development Agreement and Development Plan shall be amended to not permit trash removal on Lettuce Shed Lane. [Applicant added language in Section 6.1(b) which is acceptable]. 2. Development Agreement shall provide that on the west side of the building, Town shall fund, construct and maintain the Lettuce Shed Lane pedestrian path and landscaping to the west side of path. Town and Applicant shall coordinate landscaping on Lettuce Shed Lane to insure consistency in planting. [Language has been revised in Sections 5.2(b) and (c) and Sections 6.1(b) and (c) to incorporate this direction.] 3. Applicant shall agree to provide a mock -up of exterior materials which shall be reviewed by Avon Planning and Zoning Commission with the right to appeal to the Town Council in accordance with the Avon Development Code procedures. [This provision is addressed in the Ordinance as a condition]. 4. The Development Agreement shall be amended to provide that testing of the generator shall occur no more frequently than once a month and shall define hours of testing. [Applicant added language in Section 6.3. The proposed language provides flexibility to test generator outside of established timeframes when Owner for emergencies, equipment failure and other events determined by Owner. The language is acceptable to me because 1 believe such a provision practically only establishes a guideline, some flexibility must be allowed for emergencies and unforeseen circumstances and strict enforcement would be difficult.] 5. The Development Plan shall be amended to define location and type of bench. [This provision is addressed in the Development Plan]. 6. Town Staff shall verify financial assumptions with Applicant for real estate transfer tax. [This provision is addressed in Town Staff memorandum]. There were additional revisions addressed by the Town Attorney that were noted in the council packet memo provided. Mayor Carroll opened the public hearing. He noted that there were letters included in the materials as follows: 1) Ticino owner Charles Frey dated October 29, 2012, and 2) Johnson & Repucci LLP from Eben Clark dated 12/13/12 representing Avon Center at Beaver Creek. No other comments were heard that evening and the hearing was closed. Avon Town Council Meeting February 26, 2013 Page 4 Of 7 TOWN OF AVON, COLORADO '� MINUTES FOR THE AVON REGULAR MEETING FOR TUESDAY FEBRUARY 26, 2013 V 0 N MEETING BEGINS AT 4 PM AVON TOWN HALL, ONE LAKE STREET There were some additional Council comments that addressed the following: ➢ Councilor Reynolds expressed a need for more retail for the project especially in that area and was concerned about setting a precedent in that area about not having retail. ➢ Councilor Dantas also requested more retail on the main floor, but expressed concerned about the ability for the business to be sustainable. ➢ Councilor Wolf didn't want to deter the project from happening and suggested asking the group to sponsor events in the mall area to generate the synergy. ➢ Both Mayor Pro Tem Goulding and Councilor Fancher were supportive of the project. ➢ Mayor Carroll praised the applicant and staff who worked so diligently to complete the application and move through the process. Mayor Pro Tern Goulding moved to approve Ordinance No. 13 -03, Ordinance Approving a Rezoning Application from the Planned Unit Development (PUD) Zone District to the Town Center (TC) Zone District, for Lot 1, a Resubdivision of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County; Approving a Major Development Plan Application; Approving an Alternative Equivalent Compliance Application; and Approving a Development Agreement for "Wyndham — Lot 61 ", located on lot 1, a Resubdivision of 61, Block 2, Benchmark at Beaver Creek. . Councilor Dantas seconded the motion. At this time Town Manager Virginia Egger noted that a site walk was completed by staff and that the width of lettuce shed lane might be better served with benches and pedestrian amenities. She suggested that the town would redesign the walkway to create a more attractive area. She suggested language that might address this in the development agreement. Dominic Mauriello noted that the applicant would be favorable as long as there were no impacts to the east side of the project since it was currently in the design phase. It was suggested that the language be included in Section 5.2 with some lettering revisions. Dominic Mauriello noted that he wasn't certain about having to go through the process again; he would prefer that the design changes not have to come back to the town council. Mayor Pro Tern Goulding amended his motion to include the following language in Section 5.2: Town and Owner agree that areas A, B and C may be redesigned to include seating and other pedestrian amenities. Town will be responsible for recommending at its option, to Owner in a timely manner such changes and upon Owner's agreement the redesign shall proceed to PZC for design approval. Councilor Wolf seconded the amendment to the motion and both passed with a five to one vote by those members present (Councilor Reynolds — nay; Councilor Evans absent). Councilor Reynolds left the meeting at 8 pm. d) VILLAGE (AT AVON) SETTLEMENT IMPLEMENTATION i) Public Hearing on Resolution No. 13 -02, Series of 2013, Approving Amendments to Traer Creek Metropolitan District Service Plan — Action to continue to the regular Council Meeting of March 12, 2013 ii) Public Hearing on Resolution No. 13 -03, Series of 2013, Approving Amendments to The Village Metropolitan District Service - Action to continue to the regular Council Meeting of March 12, 2013 Eric Heil, Town Attorney, presented an update regarding the many settlement documents pending final review and execution per the memo update in the council packet. Mayor Carroll opened the public hearing on Resolution No. 13 -02, no comments were made, and the hearing was closed. Mayor Pro Tern Goulding moved to continue the public hearing for the Amendments to the Traer Creek Metropolitan District Service Plan to March 26, 2013. Councilor Fancher seconded the motion and it passed unanimously by those present. (Councilor Evans and Councilor Reynolds absent). Avon Town Council Meeting February 26, 2013 Page 5 of 7 TOWN OF AVON, COLORADO MINUTES FOR THE AVON REGULAR MEETING FOR TUESDAY FEBRUARY 26, 2013 MEETING BEGINS AT 4 PM AVON TOWN HALL, ONE LAKE STREET Mayor Carroll opened the public hearing on Resolution No. 13 -03, no comments were made, the hearing was closed. Mayor Pro Tern Goulding moved to continue the public hearing for the Amendments to the Village Metropolitan District Service Plan Amendments to March 26, 2013. Councilor Fancher seconded the motion and it passed unanimously by those present. (Councilor Evans and Councilor Reynolds absent). e) Public Hearing on Second Reading of Ordinance 13 -04, Series of 2013, Ordinance Amending Section 2.02.010 of Town of Avon Municipal Code to Establish a Parks and Recreation Department and Eliminate the Human Resources and Transportation Administrative Departments (Virginia Egger, Town Manager) Virginia Egger, Town Manager, presented Ordinance No. 13-04 noting that there would be further review of whether or not a Public Works Director would be hired in light of thorough analysis of how each of the divisions operate. She welcomed any council input on the topic. There was a request to review the number of employees reporting to a manager so as not to get out of line with that ratio. Mayor Carroll opened the public hearing, no comments were made and the hearing was closed. Councilor Dantas moved to approve Ordinance 13 -04, Series of 2013, Ordinance Amending Section 2.02.010 of Town of Avon Municipal Code to Establish a Parks and Recreation Department and Eliminate the Human Resources and Transportation Administrative Departments. Mayor Pro Tern Goulding seconded the motion and it passed with a four to one vote by those present (Councilor Wolf — nay; Councilor Evans and Councilor Reynolds absent). f) Action on Resolution No. 13 -07, Series of 2013, Resolution Adopting the Town of Avon Strategic Statement and 2013 Strategy developed at the January 14th Council Retreat (Rich Carroll, Mayor) Mayor Carroll noted the final paragraph of the resolution to include a more flexible review schedule. There was strong support for the strategic plan and Mayor Pro Tern Goulding moved to approve Resolution No. 13- 07, Series of 2013, Resolution Adopting the Town of Avon Strategic Statement and 2013 Strategy developed at the January 14th Council Retreat with the addition in the last "Whereas paragraph" as follows: WHEREAS, the Town Council has committed to timely review of the 2013 -14 Strategic Plan and 2013 Work Plan, with an opportunity for the Avon Town Council to meet during the 3rd quarter of 2013, or as may be determined, to evaluate and amend these plans accordingly. Councilor Dantas seconded the motion and it passed unanimously by those present (Councilor Evans and Councilor Reynolds absent). g) Action on Amendment to Town Manager Employment Agreement (Virginia Egger, Town Manager) Town Manager Virginia Egger noted that the amendment to the town manager agreement was drafted as a result of council retreat. There was some discussion about the timing of the review which would determine if it were an "outgoing" or an "incoming" town council. Council addressed numerous topics during the discussion as follows: ✓ Timing of the manager's review ✓ What type of review will occur ✓ How long with the review process take ✓ When will the rest of the organization be reviewed ✓ How does this coincide with the budget process Avon Town Council Meeting February 26, 2013 Page 6Of7 TOWN OF AVON, COLORADO'S MINUTES FOR THE AVON REGULAR MEETING FOR TUESDAY FEBRUARY 26, 2013 �V O N MEETING BEGINS AT 4 PM AVON TOWN HALL, ONE LAKE STREET After this discussion, there was consensus to revise Section 5.0 Performance Review and a motion was made by Mayor Pro Tern Goulding to approve the "Amendment to Town Manager Employment Agreement with Virginia Egger" with revision to the language as follows: 5.0 PERFORMANCE REVIEW. The Town Council shall review the performance of Manager CILIFiRg the ^k of jbily Q 2ei3 and +" ^r^- fteF during the first week of October secon d week of November of each calendar year. The Town Council also may require a performance evaluation at any time a majority of the Council deems a review is necessary. Councilor Wolf seconded the motion and it passed unanimously by those present (Councilor Evans and Councilor Reynolds absent). h) Action on Performance Evaluation Process and Criteria for Town Manager (Rich Carroll, Mayor) Mayor Carroll presented this topic. There was clarification about the use of the "ad hoc" committee in that the meaning includes the "organizers of the process ". There was consensus to think about the information and talk about it again on March 12th WORK SESSION - CONTINUED b) Committee and Board Meeting Updates i) Meeting with Chris Romer, Vail Valley Partnership (Councilor Fancher) Virginia Egger met with Chris Romer and became very informed about the group and the kinds of programs they oversee. ii) Meeting with Ceil Folz, Vail Valley Foundation (Councilor Fancher & Councilor Reynolds) Councilor Fancher provided an update on the meeting with VVF which addressed many topics, such as the town's role with 2015, how the town can identify opportunities, etc. It was noted that town staff would be meeting about this topic as well. c) Financial Matters (Kelly Huitt, Budget Analyst) Memo Only MAYOR REPORT 1) Future Agenda Items were discussed noting that March 12th would include meeting with Eagle County Commissioners and March 26th would include Village at Avon Service Plans. There being no further business to come before the Council, the regular meeting adjourned at g PM. APPROVED: Rich Carroll Dave Dantas Chris Evans Jennie Fancher Todd Goulding Albert "Buz" Reynol Jake Wolf RESPEC�TFULJLY SUBMITTED: C Patty McKenn)(io jvn Clerk Avon Town Council Meeting February 26, 2013 Page 7 of 7