TC Council Packet 03-09-2004STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, WILL BE HELD MARCH 9, 2004, AT 3:30 PM TO BE HELD
AT THE AVON MUNICIPAL BUILDING LOCATED AT 400 BENCHMARK ROAD, AVON,
COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE
FOLLOWING:
3:30 PM - 4:15 PM 1) Executive Session - (Conferring with Town Attorney) - The topic
meets the requirements of C.R.S. 24-6-402-4 (b) - Conference with an
attorney for the local public body for the purposes of receiving legal advice
on specific legal questions.
Discussion with Town Attorney regarding liquor-licensing matters
4:15 PM - 4:45 PM 2) Council Committee Updates - Council members are assigned to several
committees and update their progress.
Water Update (Councilor D. Buckley)
Marketing Update (Councilor P. Buckley)
Fly Summer Vail Update (Councilor Brown)
Swift Gulch & West Avon (Mayor Reynolds)
4:45 PM - 5:15 PM 3) Open Space Tracts & Trails Along the Eagle River (Norm Wood) -
Review map & continue to discuss existing & potential open space /
park / trail development.
5:15 PM - 5:25 PM 4) Staff Updates -
a. Transit Department Update (Bob Reed)
b. Recreation Department Update (Mery Jacobs)
Consent Agenda Questions
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL. THIS MEETING IS
OPEN TO THE PUBLIC.
TOWN OF AVON, COLORADO
BY: Patty McKenny, Town Clerk
Estimated times are shown for informational purposes only, subject to change without notice.
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
MARCH 5, 2004:
? Avon Municipal Building, Main Lobby
? Alpine Bank, Main Lobby
? Avon Recreation Center, Main Lobby
? City Market, Main Lobby
Avon Council Meeting. 04.03.09
MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: MATTERS BEFORE COUNCIL ACTING AS THE LOCAL
LIQUOR LICENSING AUTHORITY
DATE: March 9, 2004
The Town Clerk and I wish to bring to your attention a liquor law violation and to
make a recommendation as to whether the violation should be the subject of a show-cause heari ng.
It has been many years since the council has needed to take such action, and Patty and I therefore
wish to review with you the procedure involved, as well as to discuss some other matters with you.
The issues we plan to discuss with you are as follows:
1. We recommend that the actions you take as the authority be done by consent
agenda. There is no particular reason why each renewal, change of ownership, etc. should take up
the time of the council. Public hearings, of course, would have to remain on the formal agenda. If
at any time you have an issue as to whether a license should be renewed, a separate, public hearing
would in any event be necessary.
2. For your information, you will find in your packet a resolution and show-cause
order recently adopted by the Town of Breckenridge (where I represent the police department in
connection with show-cause hearings). These documents should provide you with insight into
how the process works. Essentially, whenever a violation occurs, the police chief is required by
ordinance to provide the town clerk with a copy, and she and I then discuss it with you in executive
session. It is then necessary that you come out of executive session to take any action.
3. In the event a contested hearing takes place, I cannot represent the police
department in prosecution of the charge and at the same time give you legal advice. It would
therefore be necessary to engage separate counsel to represent the police department.
4. Upon hearing, you may revoke the license or suspend it for a period of up to six
months. If the suspension is for a period of 14 days or less, a fine in lieu of suspension can be
permitted under certain circumstances (first offense, etc.) The amount of the fine is 20% of gross
revenues from the sale of alcohol during the period of suspension. When a first offense is
involved, a disposition of that kind is often agreed to before the hearing. The hearing is then
unnecessary, unless you choose to reject the recommended disposition.
5. Finally, Patty and I will want to review a specific violation with you. A copy of
the incident report will be handed out at the meeting, and we will request that you adjourn into
executive session to confer with the town attorney.
PROCEEDINGS OF THE LIQUOR LICENSING AUTHORITY OF THE TOWN OF
BRECKENRIDGE, COLORADO,
ACTING AS THE LOCAL LICENSING AUTHORITY,
COUNTY OF SUMMIT AND STATE OF COLORADO
IN THE MATTER OF THE HOTEL AND
RESTAURANT LIQUOR LICENSE OF BUBBA'S
BONES BBQ, INC. FOR THE LICENSED PREMISES
LOCATED AT 110 SOUTH RIDGE STREET,
BRECKENRIDGE, COLORADO
A RESOLUTION FINDING PROBABLE CAUSE TO BELIEVE THAT BUBBA'S BONES
BBQ, INC. HAS VIOLATED A LAW, RULE OR REGULATION WITH RESPECT TO THE
OPERATION OF ITS LICENSED PREMISES; SETTING A HEARING WITH RESPECT
THERETO; AND DIRECTING THE ISSUANCE AND SERVICE OF A NOTICE OF
HEARING AND ORDER TO SHOW CAUSE AS TO WHY THE HOTEL AND
RESTAURANT LIQUOR LICENSE OF SUCH LICENSEE SHOULD NOT BE SUSPENDED
OR REVOKED
WHEREAS, the Liquor Licensing Authority of the Town of Breckenridge, acting as the
local licensing authority ("Liquor Licensing Authority"), has received a complaint from the
Breckenridge Police Department alleging that on or about October 9, 2003, October 22, 2003
and October 23, 2003 Bubba's Bones BBQ, Inc. d/b/a Bubba's Bones BBQ ("Licensee") violated
Regulation 47-900(A) (Conduct of Establishment) of the regulations promulgated by the
Colorado Department of Revenue, Liquor Enforcement Division ("Liquor Regulations"). Such
complaint alleges that on the dates specified the Licensee or Licensee's employees or agents
permitted activity to occur on or about the Licensed Premises which is offensive to the senses of
the average citizen, to wit: the possession, sale or distribution of cocaine in violation of the
Colorado criminal statutes; and
WHEREAS, the Liquor Licensing Authority, acting pursuant to § 12-47-601, C.R.S., and
Regulation 47-600(A) of the Liquor Regulations, has determined by investigation or otherwise
that the complaint is probably true and that there is probable cause to believe that the Licensee
has violated such laws, rules or regulations as alleged in the complaint as set forth above.
NOW, THEREFORE, BE IT RESOLVED BY THE LIQUOR LICENSING AUTHORITY OF
THE TOWN OF BRECKENRIDGE, COLORADO, ACTING AS THE LOCAL LIQUOR
LICENSING AUTHORITY, as follows:
Section 1. A hearing shall be held before the Town of Breckenridge Liquor Licensing
Authority, acting as the local licensing authority, on Tuesday, December 16, 2003, commencing
at 9:00 o'clock A.M., or as soon thereafter as the matter may be heard, to consider the complaint
against the Licensee as described above. Such hearing shall be held in the Town Council
Chambers of the Breckenridge Town Hall, 150 Ski Hill Road, Breckenridge, Colorado. At such
hearing the Licensee shall appear a show cause, if any it may have, why its hotel and restaurant
liquor license for the licensed premises described as 110 South Ridge Street, Breckenridge,
Colorado should not be suspended or revoked by the Liquor Licensing Authority for one or more
violations of the laws, rules or regulations which govern the operation of the licensed premises,
all as more described in the complaint set forth above.
Section 2. The Town Clerk shall issue and cause to be served upon the Licensee a Notice
of Hearing and Order to Show Cause as required by Regulation 47-600(B) of the Liquor
Regulations. A certified copy of this Resolution shall also be served upon the Licensee along
with Notice of Hearing and Order to Show Cause.
Section 3. The hearing set by this Resolution shall be conducted in accordance with the
provisions of §12-47-601, C.R.S.; Regulation 47-600(B) of the Liquor Regulations; the Rules of
Procedure of the Liquor Licensing Authority; and other applicable law.
Section 4. This Resolution shall become effective upon its adoption.
RESOLUTION APPROVED AND ADOPTED THIS 18TH DAY OF NOVEMBER, 2003.
TOWN OF BRECKENRIDGE LIQUOR
LICENSING AUTHORITY
By
ATTEST:
Mary Jean Loufek, CMC,
Town Clerk and ex-officio Clerk to the
Liquor Licensing Authority
APPROVED IN FORM
Chair
Town Attorney date
PROCEEDINGS OF THE LIQUOR LICENSING AUTHORITY OF THE TOWN OF
BRECKENRIDGE, COLORADO,
ACTING AS THE LOCAL LICENSING AUTHORITY,
COUNTY OF SUMMIT AND STATE OF COLORADO
IN THE MATTER OF THE HOTEL AND
RESTAURANT LIQUOR LICENSE OF BUBBA'S ) NOTICE OF HEARING; AND
BONES BBQ, INC. FOR THE LICENSED PREMISES ) ORDER TO SHOW CAUSE
LOCATED AT 110 SOUTH RIDGE STREET, )
BRECKENRIDGE, COLORADO )
TO: Bubba's Bones BBQ, Inc., Licensee
WHEREAS, on November 18, 2003 the Town of Breckenridge Liquor Licensing
Authority determined that there is probable cause to believe that the Licensee named above has
violated the regulations adopted by the Colorado Department of Revenue, Liquor Enforcement
Division.
NOW, THEREFORE, You, Bubba's Bones BBQ, Inc., the Licensee, are hereby ordered
to appear before the Town of Breckenridge Liquor Licensing Authority on Tuesday, December
16, 2003, at 9:00 o'clock A.M., at the Town Hall, 150 Ski Hill Road, Breckenridge, Colorado
80424, to show cause, if any you have, why your hotel and restaurant liquor license for the
abovedescribed licensed premises should not be suspended or revoked for having violated the
regulations adopted by the Colorado Department of Revenue, Liquor Enforcement Division, as
more specifically alleged below. Your failure to appear may result in the suspension or
revocation of your liquor license without further notice.
YOU ARE FURTHER NOTIFIED that the purpose of the show cause hearing is to
determine whether you have violated the rules, regulations and laws which govern your
operation of the Licensed Premises, as follows:
1. It is alleged that on or about October 9, 2003, October 22, 2003, and October 23, 2003
you violated Regulation 47-900 (A) (Conduct of Establishment) of the regulations promulgated
by the Colorado Department of Revenue, Liquor Enforcement Division, in that, on such date, the
Licensee or Licensee's employees or agents permitted activity to occur on or about the Licensed
Premises which is offensive to the senses of the average citizen, to wit: the possession, sale or
distribution of cocaine in violation of the Colorado criminal statutes.
The hearing in this matter shall be conducted pursuant to Section 12-47-601, C.R.S., and
Regulation 47-600 promulgated by the Colorado Department of Revenue, Liquor Enforcement
Division. You may be represented by an attorney if you so desire.
A copy of the Resolution of the Liquor Licensing Authority finding probable cause to
believe that you have committed a violation of the abovedescribed regulation of the Colorado
Department of Revenue, Liquor Enforcement Division, is served with this Order.
Page 1 of 2
GIVEN BY ORDER OF THE TOWN OF BRECKENRIDGE LIQUOR LICENSING
AUTHORITY.
Dated: November 18, 2003
TOWN OF BRECKENRIDGE LIQUOR
LICENSING AUTHORITY
Mary Jean Loufek, CMC, Town Clerk, and ex-
officio Secretary to the Liquor Licensing Authority
Page 2 of 2
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: March 3, 2004
Re: Open Space Tracts & Trails Along the Eagle River
Summary: The aerial photos depicting open space tracts and trails along
the Eagle River through Avon have been have been revised to reflect more information with
respect to river location and topography as requested in a previous council meeting. We will
be prepared to present the photo and discuss development possibilities for these Tracts at the
Council work session.
Town Manager Comments:
1:\Engineering\Adminisndon\Miscellaneous\Open Space Tracts Memo-2.Doc
Memo
To: The Honorable Mayor and Town Council
From: Robert Reed, Director of Transportation & Public Works
Thru: Larry Brooks, Town Manager
Date: March 3, 2004
Re: Transportation spring/summer route schedules
Summary:
Attached is a newsletter format which contains information with regards to transportation
ridership, transportation surveys, and spring/summer route schedules.
Discussion:
Spring/summer schedules begin with the end of the winter season on April 11, 2004. We
will observe a 6 -week "mud season" in which the Town of Avon will operate one bus
daily with a 30-minute frequency.
Beaver Creek will also go to a "mud season" operation for this same period of time with
one bus servicing the parking lots with 20-minute frequency operating daily.
Summer season will begin on May 23rd with Town of Avon shuttle service returning to
basic Hurd Lane and Town Shuttle 20-minute service daily from 7:00 a.m. to 7:00 p.m.
and combined 30-minute shuttle service from 7:00 p.m. to 11:00 p.m.
Beaver Creek Parking lot service will consists of I (.minute service from 5:30 a.m. to
7:00 p.m. with 20-minute service after 7:00 p.m.
Recommendation:
The recommendation is to approve the spring/summer Town of Avon shuttle service.
Town Manager Comments: ?,?-.,
Transit News
Jr. ) 1' STnpJ
a
Avon/Beaver Creek Transit - - ---? March 2004
2004 Spring/Summer Shuttle Service
get ready...
get set...
the annual
EOS
End of Season
PARTY...
We will be
celebrating the
end of the
season and
saying good bye
to our down
under drivers
this year with
our fellow
drivers from ECO
Transit and Vail
Transit @ the
Eagle Ranch
Pavilion on
Friday April
16th. Eats,
drinks, and
music will be
provided.
Transportation
is a given so.
GO..
Hope to see
everyone there!!
Spring Routes (April 12,2004 - May 23,2004)
AVON:
One Avon bus - Town Shuttle and Hurd Lane Shuttle conmbined - 30 minute
frequency with hours of operation 7:00 a.m. - 11:00 p.m.,seven days a week.
Beaver Creek:
One Beaver Creek bus - 20 minute frequency with hours of operation
5:30 a.m.- 2:10 a.m.,seven days a week.
Summer Routes (May 24, 2004 - November 19, 2004)
AVON:
Two buses from 7:00 a.m. - 7:00 p.m. - Hurd Lane Shuttle and Town Shuttle -
20 minute frequency. One bus (combined Hurd Lane and Town Shuttle) from 7:00
p.m.- 11:00 p.m. with 30 minute frequency. All buses operate seven days a
week.
BEAVER CREEK:
Two Beaver Creek buses from 5:00 a.m.- 7:00 p.m.with 10 minute frequency.
One bus from 7:00 p.m.- 2:10 a.m. with 20 minute frequency. All buses
operate seven days a week.
RIDERSHIP UP DATES
2003
2003 ridership was up
for all routes save
the Skier Shuttle
which held steady.
Hurd Lane was up a
whopping 42 % with
43,818 additional
passengers. In some
part due to summer
service remaining at
20 minutes. Town
Shuttle was up 7%
with 14,321 new
passengers.
2004
January and February
2004 ridership
indicates increases
in Skier Shuttle
numbers. January saw
an increase of 4,828
passengers over last
year. February saw
an increase of 6,762
passengers over 03.
For Beaver Creek,
parking lots,
January 2004
passenger numbers
were up by 12,335
over January 2003.
We have begun
general on board
passenger surveys;
to date we have 20
Spanish & 27 English
completed surveys.
We will be out on
board buses again
beginning March
10 -17. Survey
results will be done
by season end.
With St. Patrick's Day being one of
the three highest drinking and
driving days of the year, we will
once again offer our TIPSY Taxi
service this year on March 17th.
Radio spots will be on KTUN & KZRY.
Winter 2004 On Board Survey
Avon/Beaver Creek Transit
Survey to be conducted over a weekly time frame in February by office staff.
February 13th - 20th on board buses
Web-Site
Recreation Center
Lodges
Objectives: Profile of ridership
Frequency & Trip Purpose
Current service satisfaction level
Accessability and convenience
Guest transportation needs
In an effort to better serve our passengers, please take a moment to complete this
passenger survey.
Avon/Beaver Creek Transit
Winter 2004 On Board Survey
Sample Questions:
1. Are you in the area as a:
Visitor/tourist { } Seaso nal resident { } Year round Resident { }
2. If you are a visitor/tourist, where are you staying?
Avon { } Beaver Creek { } Vail {I Edwards { } Eagle-Vail { } Other { }
3. If you are a seasonal or year round resident, where are you living?
Avon { } Beaver Creek { } Edwards { } Eagle-Vail { } Other { }
4. If your are a visitor/tourist, how long will your stay be?
1 week { } 2 weeks { } Other { }
5. How long have you been coming to the Avon/Beaver Creek area?
First Time { } 1-3 years { } 4-6 years { } Longer { }
6. If you are a resident, how long have you lived here?
Leas than 1 year { } 2-5 years { } 5-10 years { } Longer { }
7. What is the purpose of this trip?
{ } To / from work { } To / from recreation () Other
{ } To / from shopping { } To / from school/college
{ } Medical Appt. { } Personal business (bank, post office, etc.)
{ } School / College () Skiing / Ski School
8. Where did you board the bus?
{ } Aspens Mobile Home Park { } Christie Lodge { } Beaver Creek Reception Ctr.
{ } Avon Center { } Comfort Inn { } Eaglebend
{ } City Market { } Avon Recreation Ctr. { } Avon Crossing/Canyon Run
{ } River Edge { } Westgate { } Sheraton Mtn. Vista
9. Where will you get off the bus?
{ } Aspens Mobile Home Park { } Christie Lodge { } Beaver Creek Reception Ctr.
{ } Avon Center { } Comfort Inn { } Eaglebend
{ } City Market { } Avon Recreation Ctr. { } Avon Crossing/Canyon Run
{ } River Edge { } Westgate { } Sheraton Mtn. Vista
10. Will you be transferring to a different bus to reach your destination?
{ } Yes, transferring where
() No, final destination
11. Resident - How often do you ride the bus in an average week?
Visitor - How often will you use the bus system during your stay?
1 2 3 4 5 6 7 8 9 10 More than 10 times (circle answer)
12. Do you have access to a vehicle for your personal use?
{ } Yes, always { } No { } Sometimes
13. If this service did not operate, how would you make this trip?
{ } Personal Vehicle { } Taxi { } Hitch hike { } Would not make trip { } Other { } Walk
14. Do you know who operates this free bus service? () Yes ( ) No
15. Would you be willing to pay for shuttle service to and from Walmart/Home Depot? () Yes () No
16. Please rate the quality of service:
17. Reliability of Bus Service
18. Frequency of Bus Service
19. Safety of Bus Drivers
20. Number of Bus Stops
21. Courtesy/Knowledge of Bus Drivers
22. Quality of Bus Stops
23. Clarity of Bus Schedules
24. Awareness of Bus Service
25. What is your age?
{ } Under 18 [)18-24
26. What is your occupation?
{ } Sales
{ } Managerial/professional
{ } Homemaker
{ } Food Service
Excellent Very Good Good Fair Poor
()25-35 { } 35-44 ()45-54
{ } Construction/Laborer
{ } Technical/Administrative
{ } Unemployed/Retired
{ } Hospitality
{ } 55-64 { } +65
{ } Student
{ } Service/Sales
Additional Comments
Memo
To:
Thru:
From:
Date:
Re:
Honorable Mayor and Town Council
Larry Brooks, Town Manager
Julie Kessenich, Meryl Jacobs
March 4, 2004
Cabin food vendor
Summary: The staff would like to introduce a food vendor outside of the cabin for the
summer months. The vendor would serve a BBQ on the weekends during lunch and possibly
dinner times. The Town of Avon would release an RFP to select the vendor.
Background: Currently the cabin sells popcorn, candy, soda, water and ice cream. We
would like to serve more food items. If we contract with a food vendor we would not have to
add staff and licensing to provide this additional attraction.
Discussion: By providing a food vendor right outside the cabin staff believes that this could
increase our rentals and concession sales. Contracting a food vendor would allow us to create
additional revenue in concession sales as well as enhance the visitors experience at
Nottingham Park. There a few ways we could have the food vendor contract with us. One
would be to charge a flat rate to the vendor for the summer. Another would be to contract for
25% of the sales. The Town would also receive sales tax from the vendor on gross sales.
Financial Implications: Staff is estimating $3000.00 in additional revenue from this
service with no anticipated expenses.
Town Manger Comments:
Attachments:
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
MARCH 9, 2004 - 5:30 PM
MEETING TO BE HELD AT AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, CO
1. Call to Order/ Roll Call
2. Citizen Input
3. Ordinances
Second Reading & Public Hearing
a. Ordinance No. 04-03, Series of 2004, Second Reading, An Ordinance Amending
Title 17, Municipal Code of the Town of Avon, as it relates to Hearings on Zoning
Amendments (John Dunn) - Review of requirements for public hearings in
connection with the approval of planned unit development ("PUD's") and
amendments to PUD's and to suggest any necessary changes to the Municipal Code
relating to public hearings.
4. Resolutions
5. New Business
6. Other Business
7. Unfinished Business
8. Town Manager Report
9. Town Attorney Report
10. Mayor Report
11. Consent Agenda
a. Approval of the February 24, 2004 Regular Council Meeting Minutes
b. Resolution No. 04-08, Series of 2004, A Resolution approving the Final Plat, a
Resubdivision of Lot 52, Block 1, Wildridge, Town of Avon, Eagle County, Colorado
(Norm Wood) Located at 2470 Saddleridge Loop
12. Adjournment
Avon Council Meeting. 04.03.09
MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: REQUIREMENT OF PUBLIC HEARINGS IN
CONNECTION WITH PUD'S
SECOND READING & PUBLIC HEARING FOR
ORDINANCE NO. 04-03
DATE: March 4, 2004
The purpose of this memorandum is to outline the requirements for public hearings
in connection with the approval of planned unit developments ("PUD's") and amendments to
PUD's and to suggest any necessary changes to the municipal code relating to public hearings.
Section 17.20.110, Avon Municipal Code, provides that applications for approval of
a PUD are first forwarded to the Planning and Zoning Commission. Section 17.12.100 establishes
the notice requirements for the hearing before the Commission, posting twelve days before the
hearing and mailing to property owners within 300 feet of the property involved in the application.
That section fails to set forth what the notice requirements are for a hearing before the town
council.
Section 17.20.110(C)(3) next provides that, after "formal hearing," the staff report
and the Planning and Zoning Commission findings and recommendations are transmitted to the
council and that the council "shall consider the special development district [sic] in accordance
with Section 17.28.050." That section in turn provides that the recommendation "shall be
scheduled for a public hearing before the town council in accordance with Section 17.12.100" no
later than thirty days following commission action. But, as I have said above, that section says
nothing about the notice requirements for hearings before the council. At best the code is
ambiguous as to notice requirements, and at worst, by implication, the notice requirement for
hearings before the council should be the same as for hearings before the planning and zoning
commission.
As you are aware, the Town's Charter provides for a public hearing on second
reading of all ordinances. The notice requirement for that public hearing is different from the
notice requirement contained in Section 17.12.100, being only a requirement that the ordinance be
posted at least seven days before second reading. Notwithstanding that difference, it has been the
practice in Avon (and, in my experience, in Vail, which has the same Charter and ordinance
provisions for notice) to hold only the public hearing required for second reading of all ordinances.
The question was raised at your last meeting whether it is an absolute requirement
that there be a public hearing, even if the recommendation of the planning and zoning commission
is to be rejected. Given the mandatory language of Section 17.28.050, that a public hearing "shall
be scheduled," it is my opinion that the requirement is an absolute one.
It is my recommendation that Section 17.12. 100 be amended to provide for a notice
procedure in connection with hearings by the council on zoning amendments, including PUD's.
Such an amendment will resolve the ambiguity of that section and will provide the council with
greater flexibility upon consideration of the recommendation of the planning and zoning
commission. In essence, the council will conduct a hearing on the recommendation of the
commission, rather than a hearing on the ordinance. At that time, depending on all the
circumstances, the council may or may not wish to adopt an ordinance on first reading. A public
hearing will still be required on second reading of the ordinance, however, in the event the
ordinance is adopted on first reading.
The proposed ordinance, which accompanies this memorandum, also corrects the
error contained in Section 17.20.110(C)(3).
JWD:ipse
TOWN OF AVON, COLORADO
ORDINANCE NO. 04-03
SERIES OF 2004
COLORADO:
AN ORDINANCE AMENDING TITLE 17, MUNICIPAL
CODE OF THE TOWN OF AVON, AS IT RELATES TO
HEARINGS ON ZONING AMENDMENTS
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
Section 1. Amendment. Section 17.12.100, Chapter 12 of Title 17, Avon
Municipal Code, is amended by the addition of a new subsection C as follows:
"C. The town council shall hold a public hearing on any recommendation of the planning
and zoning commission, and notice of such public hearing shall be published at the expense of
the applicant in a newspaper of general circulation within the town, or posted in at least three
public places within the town, in addition to posting at the office of the town clerk, at least six
days prior to the hearing date."
Section 2. Amendment. Subsection C of Section 17.12.100, Chapter 12 of Title
17, Avon Municipal Code, is amended to be Subsection D.
Section 3. Amendment. Paragraph 3 of Subsection C of Section 17.20.110,
Chapter 20 of Title 17, Avon Municipal Code, is amended to provide as follows:
"3. An application for a PUD approval must be submitted to the department of
community development at least thirty days prior to a regularly scheduled meeting of the
planning and zoning commission. A report of the community development staff s findings and
recommendations shall be made at the initial formal hearing before the planning and zoning
commission. A report of the planning and zoning commission, stating its findings and
recommendations, and the staff report shall then be transmitted to the town council. The town
council shall consider the PUD district in accordance with Section 17.28.050 of this code."
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 24th day of February, 2004, and a public hearing on this ordinance
shall be held at the regular meeting of the Town Council on the cll-' day of
2004, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road,
Avon, Colorado.
r?ert D. Reynolds, Mayo
ATT S .
r
,
{
Patty cK y, To er a ;
n P h
1`. V t
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the day of , 2004.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
Ordinance No. 04-03 Hearings on PUD
Page 2 of 2
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD FEBRUARY 24, 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 Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, Ron Wolfe and Mayor
Pro Tern Mac McDevitt present. 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 Reynolds noted that the application associated with Ordinance No. 04-02 had been
withdrawn per a letter from the applicant's attorney. The ordinance pertained to an Amendment
to the Wildridge Planned Unit Development (PUD) for Lots 21 and 30, Block 2, Wildridge
Subdivision, Town of Avon, Eagle County, Colorado, located at 2631 Bear Trap Road & 2967
June Creek Trail. Applicants Formations LLC & George Plavec were seeking a PUD
Amendment to the Wildridge PUD for creating 10-single family lots in Wildridge.
Police Chief Jeff Layman was present to introduce new employees - who were unable to make
the meeting, as well as mention that one police officer, Steve Ford, would be leaving for Iraq to
train police officers.
Chris Kontogiannis, CSC Land Development of Eagle, Colorado, was present to address the
Council with respect to the Geneva Crown Club project (formerly known as L'Auberge &
Chateau St. Claire), located at 3874 Hwy 6 & 24. He noted that he had been before the Council
in January and had since then provided a bond instrument to cover the costs of restoring the
site if the project did not proceed. It was noted that staff deemed that the instrument was not
acceptable and therefore rejected it. The applicant informed Council he had spoken with the
Town Manager who requested a more adequate instrument in the form of a letter of credit or
cash bond be submitted. He asked the Council if it would be acceptable if he submitted the
cash bond or letter of credit within 30 days, would he be able to get another extension on the
building permit. He noted that he would be securing the financing in the next 14 days. After
some further Council questions and discussion addressing the proposed timeframe of the
extension and the status of the building permit, a motion was made.
Councilor Wolfe moved that the developer of the Chateau St. Claire PUD be granted an
extension to and including March 29, 2004 to comply with the Council's motion adopted on
January 27, 2004, by providing a letter of credit or cash in the amount of $60K. Sipes seconded
the motion. Wolfe continued by stating that that the compliance with the motion adopted on
1/27/04 includes the provision that the building permit has been reinstated by virtue of that
language. All agreed, as well, that no work would be performed on the project until the Town of
Avon received the letter of credit or cash. The motion was approved unanimously. The
applicant again asked and it was confirmed that the building permit be reinstated.
Ordinances
Town Attorney John Dunn presented Ordinance No. 04-03, Series of 2004, on first reading, An
Ordinance Amending Title 17, Municipal Code of the Town of Avon, as it relates to Hearings on
Zoning Amendments. He reviewed the some of the requirements for public hearings in
connection with the approval of planned unit development ("PUD's") and amendments to PUD's
and outlined the recommended changes to the municipal code relating to public hearings. He
reiterated that this applies to only those applications submitted for zoning changes. Some
further discussion ensued and a motion was made. Councilor P. Buckley moved to adopt
Ordinance No. 04-03, Series of 2004, on first reading, An Ordinance Amending Title 17,
Municipal Code of the Town of Avon, as it relates to Hearings on Zoning Amendments. Mayor
Pro Tern McDevitt seconded the motion and it was approved unanimously by a roll call vote.
Public Hearing and second reading on the Ordinance were set for March 9, 2004.
Town Manager Larry Brooks addressed the Council regarding allegations made by Shane
Bohart regarding the attention his PUD application received by Town staff throughout the
process. The applicants, Formations LLC & George Plavec, were seeking a PUD Amendment
to the Wildridge PUD for creating 10-single family lots in Wildridge. Brooks noted that he
conducted a thorough investigation regarding the allegations made about the mishandling of the
application and in summary, found no evidence of mishandling of the application. Town
Attorney John Dunn also referred to the letter from Munsey Ayers (Often, Johnson, Robinson,
Neff & Ragonetti P.C.), attorney for the applicants, which indicated the formal withdrawal as well
as a request that Council consider waiving the application fees if a re-submittal occurs.
Councilor Wolfe did not see that it would be acceptable to waive any fees, since the original
fees covered the work completed on an application that was withdrawn. All Council agreed with
this position. Mike Dantas, resident, made a few comments regarding the process on this
application.
Resolutions
Finance Director Scott Wright presented Resolution No. 04-07, Series of 2004, A Resolution to
amend 2004 Budget. He noted that the budget amendment is proposed for the General Fund,
Transit Enterprise Fund, Fleet Maintenance Fund and the Equipment Replacement Fund for
various changes since the 2004 budget was adopted in November. The memo submitted in the
Council packet outlined the changes that were included in the amendments. Councilor Wolfe
asked about the position addition in Community Development; Town Manager Larry Brooks
explained the justification for the position as well as the role of the planner one position.
Councilor D. Buckley noted a conflict of interest with regard to action on this resolution due to
her contract with the Town on website development. Councilor Sipes moved to approve
Resolution No. 04-07, Series of 2004, A Resolution to amend the 2004 Budget. Councilor
Brown seconded the motion and it passed unanimously by those voting (D. Buckley abstained
from voting).
Consent Agenda
Mayor Reynolds asked for a motion on the Consent Agenda. Mayor Pro Tern McDevitt moved
to approve the consent agenda; Councilor D. Buckley seconded the motion and it passed
unanimously.
a. Approval of the February 10, 2004 Regular Council Meeting Minutes
b. Xerox Lease Agreement for copier in Community Development (Scott Wright)
Regular Council Meeting Page 2 of 3
February 24, 2004
There being no further business to come before the Council, the meeting adjourned at 6 PM.
RESPECTFULLY SUBMITTED:
Patty McKenny, Town Clerk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting
February 24, 2004
Page 3 of 3
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Anne Martens, Assistant Town gineer
Date: March 1, 2004
Re: Resolution No. 04 - 08, Approving the Final Plat, A Resubdivision of Lot 52, Block 1,
Wildridge, Town of Avon, Eagle County, Colorado (2470 Saddleridge Loop)
Summary: Stephen Olson of A.S.S.O Inc., owner of Lot 52, Block 1, Wildridge, has
submitted a Final Plat to resubdivide Lot 52, Block 1, Wildridge, Town of Avon, Eagle County,
Colorado. This is a Duplex Subdivision of a developed lot, creating duplex lots 52A and 52B.
The Subdivision is in conformance with the Title 16 of the Avon Municipal Code,
Subdivisions.
Recommendations: Staff recommends approval of Resolution No. 04 - 08, Series of
2004, A Resolution Approving the Final Plat, a Resubdivision of Lot 52, Block 1, Wildridge,
Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be
approved by staff.
Town Manager Comments: ,
CADocuments and Settings\nwood\Local Settings\Temporary Internet Fi1es\0LK2\L52B1WR.doc
TOWN OF AVON
RESOLUTION NO. 04 - 08
Series of 2004
A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 52,
BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, A.S.S.O. Inc. have submitted a Final Plat for a Resubdivision of Lot 52, Block 1,
Wildridge, Town of Avon, Eagle County, Colorado; and
WHEREAS, the Final Plat has been reviewed by the Town Staff; and
WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the
Avon Municipal Code; and
WHEREAS, the proposed subdivision complies with the requirements for consideration as a
Final Plat.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Final Plat for a Resubdivision of Lot 52, Block 1, Wildridge, Town of
Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to:
The completion of technical corrections as identified by Town Staff.
ADOPTED THIS DAY OF
, 2004.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
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