TC Agenda 12-13-2005TOWN OF AVON, COLORADO,_ j:
REGULAR COUNCIL MEETING FOR TUESDAY, DECEMBER 13, 2005
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM TAMRA NOTTINGHAM UNDERWOOD
COUNCILORS DEBBIE BUCKLEY
KRISTI FERRARO
MAC MCDEVITT
AMY PHILLIPS
BRIAN SIPES
TOWN STAFF
TOWN ATTORNEY: JOHN DUNN TOWN CLERK: PATTY MCKENNY
TOWN MANAGER: LARRY BROOKS ASSISTANT TOWN MANAGER: JACQUIE HALBURNT
THIS MEETING IS OPEN TO THE PUBLIC'. COMMENTS FROM THE PUBLIC ARE WELCOME
ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE
PLEASE VIEW AVON'S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND COUNCIL MEETING MATERIALS
AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND CITY MARKET
THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH
WORK SESSION AGENDA
MEETING BEGINS AT 1:15 PM
1:15 PM - 3:00 PM 1. EXECUTIVE SESSION (John Dunn, Town Attorney) Executive session pursuant to
CRS 24-6-402(4)(b), conference with attorney for the local public body for the
purpose of receiving legal advice on specific legal questions, includes discussion on
the RICD application, the Gates project and the RR Crossing, and CRS 24-6-
402(4)(e), determining positions relative to matters that may be subject to
negotiations; developing strategy for negotiations', and instructing negotiators,
includes discussion of sponsorship of Salute to the USA.
3:00 PM - 3:15 PM 2. APPROVAL OF WORK SESSION AGENDA & COUNCIL ASSIGNMENT UPDATES
a. Water Update (Councilor Buckley)
3:15 PM - 4:45 PM 3. Review of Avon's Comprehensive Plan as submitted by the Planning &
Zoning Commission (Rebecca Leonard, Design Workshop) Review of the
discussion held at the meeting on 11/22/05 and try to address the proposed vision
statement, land use categories, building heights and attainable housing
4:45 PM - 5:25 PM 4. Transportation Center Update (Steven Speer, Design Workshop & Norm Wood,
Town Engineer) Review of four schematic design layout options for the
Transportation Center plus a schematic design for railroad crossing alternatives.
5:25 PM 5. ADJOURNMENT
Avon Council Meeting. 05.12.13
Page 1 of 3
TOWN OF AVON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, DECEMBER 13, 2005
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
Regular Council Meeting Agenda 70
MEETING BEGINS AT 5:30 PM "
CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
4. CITIZEN AND COMMUNITY INPUT
a. Avon Business Association - Avon Holiday Sale Update, December 16 -18, 2005
5. STAFF UPDATES
a. Eaglebend Drive (Norm Wood, Town Engineer) Update on design work for street improvements
b. Holiday Lighting Contest (Jacquie Halburnt, Asst. Town Manager) Update on when the judging &
awards for the contest will take place
c. Environmental "Green" Award (Jacquie Halburnt, Asst. Town Manager) Staff is looking into creating an
award for Avon business who engage in environmentally friendly practices
d. Colorado State Patrol Bicycle Event Cap (Mike Leake, Acting Police Chief) Review of Colorado State
Patrol's new policy imposing a limit on riders in bicycle races
e. Lot C Joint Work Session Request (Tambi Katieb, Community Development Director) Memo Only
f. Avon Business Registration Update (Patty McKenny, Town Clerk) Memo Only
g. Project Summary & Status Report (Larry Brooks, Town Manager) Memo Only
6. ORDINANCES
Public Hearing
a. Ordinance No. 05-12, Series of 2005, Second reading, An Ordinance approving an Amendment
to the Chateau St. Claire Planned Unit Development (PUD) for Lots 1 and 2, Chateau St. Claire
Subdivision, Town of Avon, Eagle County, Colorado (Tambi Katieb, Community Development
Director) This amendment was directed by Council as a condition of the Memo of Understanding agreed
to on September 26, 2005 between the Town of Avon and CSC Land, LLC
b. Ordinance No. 05-13, Series Of 2005, First Reading, An Ordinance Amending Titles 12 and 16,
Avon Municipal Code, Relating to Fees Charged for Review of Applications for Rights-Of-Way
Permits and Subdivision Approval (Norm Wood, Town Engineer) Repeals the section of the Code
which outlines fees for permits in public rights-of-way and applications for subdivisions, and establishes
them by resolution instead
c. Ordinance No. 05-14, Series of 2005, First Reading, An Ordinance Amending Title 8, Avon
Municipal Code, Prohibiting Smoking In Certain Places, And Providing Fines For The Violation
Hereof (Larry Brooks, Town Manager) Review of legislation that prohibits smoking in certain places, and
providing for fines for the violation thereof
7. RESOLUTIONS
a. Resolution No. 05-52, Series Of 2005, A Resolution Levying General Property Taxes for the
Year 2005, to Help Defray the Costs of Government for the Town of Avon, Colorado, for the
2006 Budget Year (Scott Wright, Finance Director) Final adoption of the proposed 2006 operating
budgets
Avon Council Meeting. 05.12.13
Page 2 of 3
TOWN OF AVON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, DECEMBER 13, 2005
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
RESOLUTIONS - CONTINUED
b. Resolution No. 05-53, Series Of 2005, A Resolution Levying General Property Taxes For The
Year 2005, To Help Defray The Costs Of Government For The Avon Metropolitan District, Avon,
Colorado, For The 2006 Budget Year (Scott Wright, Finance Director) Final adoption of revised
operating budgets for 2005
c. Resolution No. 05-58, Series Of 2005, A Resolution Authorizing the Appropriation and
Adjudication of a Recreational In-Channel Diversion (RICD) Water Right in the Eagle River at
the Town of Avon for a Water Park and Related Facilities (Norm Wood, Town Engineer)
Authorization for appropriation of RICD application as well as acquisition of easements, Right-Of-Ways,
permits, etc.
d. Resolution No. 05-59, Series Of 2005, A Resolution Approving Final Subdivision Plat and
Subdivision Improvements Agreement for Dry Creek PUD, A Resubdivision of Lot 44, Block 2,
Wildridge, Town Of Avon, Eagle County, Colorado (Norm Wood, Town Engineer) Blue Bird
Meadows, LLC submitted final documents for approval
e. Resolution No. 05-60, Series of 2005, A Resolution Approving Final Subdivision Plat for a
Resubdivision of Lot 106, Block 1, Wildridge, Town of Avon, Eagle County, Colorado (Norm
Wood, Town Engineer) Duplex subdivision of developed lot at 3055 Wildridge Road, creating duplex lots
106A & 106B
8. NEW BUSINESS
a. Service Agreement with Eagle County Ambulance District (Bob Reed, Transit Director) Annual
agreement with ECAD for fleet maintenance services
9. OTHER BUSINESS
10. UNFINISHED BUSINESS
11. TOWN MANAGER REPORT
12. TOWN ATTORNEY REPORT
13. MAYOR REPORT
14. FUTURE AGENDA ITEMS
Agenda For January 10, 2006: Eagle Valley Alliance for Sustainability Funding Request presented by Matt
Scherr, Updated Fee Schedule
15. CONSENT AGENDA
a. Minutes from November 22, 2005 Regular Council Meeting
b. Renewal of Hotel and Restaurant Liquor License for Columbine Bakery, Inc. d/b/a Columbine Bakery, 51
Beaver Creek Place, Avon (Patty McKenny, Town Clerk)
c. Renewal of Retail Liquor License for Benchmark Liquors, Inc. d/b/a Beaver Liquors, 110 E. Beaver Creek
Blvd, Avon (Patty McKenny, Town Clerk)
d. 2006 Street Improvements - Program Summary & Design Services Proposal Award (Norm Wood, Town
Engineer)
e. Representation Agreement (John Dunn, Town Attorney) Revised Fee Agreement for Professional Legal
Services
16. ADJOURNMENT
Avon Council Meeting. 05.12.13
Page 3 of 3
STATE OF COLORADO ) 11V O IY
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON
DECEMBER 13, 2005, AT THE TOWN OF AVON MUNICIPAL BUILDING
FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF THE
FOLLOWING ORDINANCES:
Ordinance No. 05-12, Series of 2005, An Ordinance approving an
Amendment to the Chateau St. Claire Planned Unit Development
(PUD) for Lots 1 and 2, Chateau St. Claire Subdivision, Town of
Avon, Eagle County, Colorado
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town
Clerk, and may be inspected during regular business hours, Monday through Friday, 8 AM
- 5 PM.
Following this hearing, the-Council may consider final passage of this Ordinance. This
notice is given and posted by order of the Town Council of the Town of Avon, Colorado
TOWN OF AVON, COLORADO
BY: Patty McKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON ON DECEMBER 1, 2005.
✓ AVON MUNICIPAL BUILDING, MAIN LOBBY
✓ ALPINE BANK, MAIN LOBBY
✓ AVON RECREATION CENTER, MAIN LOBBY
✓ CITY MARKET, MAIN LOBBY
TOWN OF AVON
ORDINANCE NO. 05-12
SERIES OF 2005
AN ORDINANCE APPROVING AN AMENDMENT TO THE
CHATEAU ST. CLAIRE PLANNED UNIT DEVELOPMENT
(PUD) FOR LOTS I & 2, CHATEAU ST. CLAIRE
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,
COLORADO.
WHEREAS, CSC Land, LLC, has applied for an amendment to the existing Chateau St.
Claire PUD and Development Agreement, as more specifically described in the application dated
October 11, 2005; and
WHEREAS, the application proposes to amend Ordinance 04-20 and the associated
Development Agreement in order to extend the current project completion date; and
WHEREAS, the proper posting, publication and public notices for the hearings before
the Planning & Zoning Commission of the Town of Avon were provided as required by law; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public
hearing on November 1, 2005, at which time the applicant and the public were given an
opportunity to express their opinions and present certain information and reports regarding the
proposed PUD Amendment; and
WHEREAS, following such public hearing, the Planning & Zoning Commission
forwarded its recommendation for conditional approval on the PUD application to the Town
Council of the Town of Avon through Resolution 05-13; and
WHEREAS, after notices provided by law, this Council held a public hearing on the
day of , 2005, at which time the public was given an opportunity to
express their opinions regarding the proposed PUD Amendment; and
WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the
Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows:
1. The hearings before the Planning & Zoning Commission and the Town Council
were both extensive and complete and that all pertinent facts, matters and issues
were submitted at those hearings.
2. That the PUD and Development Agreement are consistent with the goals and
objectives of the Town's Comprehensive Plan, and is compatible with
surrounding neighborhood and the public interest.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, THAT:
The Amendment to the Chateau St. Claire PUD and Ordinance 04-20, as more
specifically described in the application dated October H, 2005 is hereby approved, subject to
the following conditions:
1. The Employee Housing Impact Fee collected is fully dedicated to the Town
irrespective of the project outcome, however, should the applicant seek an increase in
density or future amendment to the PUD allowed uses, a new impact Fee may be
assessed.
2. In no event will the building permit or construction schedule be extended past
December 14, 2008.
3. A Performance and payment bond for project completion must be in place and
complete financial backing must be demonstrated to the Town no later than
December 13, 2005.
4. The Development Agreement language is amended to the satisfaction of the Town
Attorney.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this day of 2005, and a public hearing shall be held at the
regular meeting of the Town Council of the Town of Avon, Colorado, on the day of,
2005, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
Mayor
ATTEST:
Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED the day of , 2005.
"['own of Avon, Colorado
Town Council
Mayor
ATTEST:
Town Clerk
APPROVED AS TO
FORM:
Town Attorney
STATE OF COLORADO)
COUNTY OF EAGLE) SS
TOWN OF AVON)
NOTICE IS HEREBY GIVEN THAT THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO ADOPTED ON THE 13TH DAY OF DECEMBER
2005 THE FOLLOWING ORDINANCE:
Ordinance No. 05-12, Series of 2005, An Ordinance approving an Amendment to
the Chateau St. Claire Planned Unit Development (PUD) for Lots 1 and 2, Chateau
St. Claire Subdivision, Town of Avon, Eagle County, Colorado
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town
Clerk, and may be inspected during regular business hours, Monday through Friday, 8 AM
- 5 PM.
This notice is given and posted by order of the Town Council of the Town of Avon,
Colorado
TOWN OF AVON, COLORADO
BY: Patty McKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON ON DECEMBER 16, 2005
✓ AVON MUNICIPAL BUILDING, MAIN LOBBY
✓ ALPINE BANK, MAIN LOBBY
✓ AVON RECREATION CENTER, MAIN LOBBY
✓ CITY MARKET, MAIN LOBBY
STATE OF COLORADO ) o
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON
DECEMBER 13, 2005, AT THE TOWN OF AVON MUNICIPAL BUILDING
FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF THE
FOLLOWING ORDINANCES:
Ordinance No. 05-12, Series of 2005, An Ordinance approving an
Amendment to the Chateau St. Claire Planned Unit Development
(PUD) for Lots 1 and 2, Chateau St. Claire Subdivision, Town of
Avon, Eagle County, Colorado
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town
Clerk, and may be inspected during regular business hours, Monday through Friday, 8 AM
- 5 PM.
Following this hearing, the -Council may consider final passage of this Ordinance. This
notice is given and posted by order of the Town Council of the Town of Avon, Colorado
TOWN OF AVON, COLORADO
BY: Patty McKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON ON DECEMBER 1, 2005.
✓ AVON MUNICIPAL BUILDING, MAIN LOBBY
✓ ALPINE BANK, MAIN LOBBY
✓ AVON RECREATION CENTER, MAIN LOBBY
✓ CITY MARKET, MAIN LOBBY