TC Minutes 07-13-2004MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD JULY 13, 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, Community
Development Director Tambi Katieb, Town Engineer Norm Wood, Finance Director Scott
Wright, 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 thanked everyone, staff and others who helped with the July 4th event, as it
was an extremely successful event. Special Events Coordinator Fraidy Aber introduced Judy
Combs who presented information about the weekend event, Thunderbird Art & Wine Affair.
Aber then presented some final information regarding the past events including July 4th event
and the Triple Bypass event and future event, Friday Night Cinema Night.
Community Development Director Tambi Katieb presented an update to the Avon
Comprehensive Plan process, identifying several dates whereby public input will be sought.
Asst. Town Engineer Anne Martens presented information on the 2004 street improvements for
Avon. Maury Nottingham addressed the Council with a request to save some trees near Pizza
Hut from the proposed improvements in that area that would likely eliminate them. He
presented pictures of the trees that were taken in about 1950 noting the historical importance of
them. Council asked staff to once again to review the proposal and determine whether or not
the trees could be saved.
Resolutions
Community Development Director Tambi Katieb presented Resolution No. 04-25, Series of
2004, Resolution relating to Proposed Amendments to existing Non-Developable Areas in the
Wildridge Planned Unit Development. He noted that the Resolution addresses basic criteria to
proposals in Wildridge that would request a change to existing platted "non developable areas".
He indicated that the intent of the resolution is to provide policy direction to the community and
potential owners of properties in Wildridge that contain platted non-developable areas. He
further explained that unfortunately the policy criteria or basis for amending or altering these
areas was not contained in the PUD or the original Wildridge Subdivision applications. And as a
result, should applications to alter or change these platted areas come before the Town, it is
cumbersome to staff, the applicant, and the Council to qualify a rationale for amending the PUD
and Subdivision from its current configuration. Councilor Sipes and Mayor Pro Tem McDevitt
expressed some concerns about parts of the resolution, requesting that staff revise the
resolution to include a stronger first paragraph and clarify "interested parties" language.
Councilor P. Buckley did not see the need for this action. Further discussion ensued and
Wildridge resident George Ruther commented on the proposed resolution as well. Staff would
return With the changes at the next meeting.
Finance, Director Scott Wright presented Resolution No. 04-26, Series of 2004, Resolution to
amend the 2004 Budget noting what items were included in the budget amendment, i.e. related
to the new special event Lakeside Cinema & copier lease for police department. Discussion
ensued regarding whether or not revenues met expenditures for that event and if that was
referred to as deficit spending. Councilor P. Buckley expressed concern over approving this
resolution because it would mean expenditures exceeded revenues and therefore the budget
would not be balanced. 'Councilor Sipes moved to approve Resolution No. 04-26, Series of
2004, Resolution to amend the 2004 Budget. Mayor Pro Tern McDevitt seconded the motion
and it passed with a five to one vote (P. Buckley - nay noting that he did not vote in favor
because the budget would no longer be a balanced budget).
Ordinances
Town Attorney John Dunn presented on second reading Ordinance No. 04-08, Series of 2004,
An Ordinance amending Chapter 3.12, Title 3, Municipal Code of the Town of Avon, to Provide
a Procedure for the Refund of Real Estate Transfer Tax Paid in Error. At a prior meeting, the
Council requested that legislation be drafted to accommodate a refund for those people who
paid the exemption in error. Some discussion ensued about charging the responsible party for
the error; it was noted that that would be a problematic solution in terms of enforcement. Mayor
Reynolds opened the public hearing, no comments were made and the hearing was closed.
Mayor Pro Tern McDevitt moved to adopt on second reading Ordinance No. 04-08, Series of
2004, An Ordinance amending Chapter 3.12, Title 3, Municipal Code of the Town of Avon, to
Provide a Procedure for the Refund of Real Estate Transfer Tax Paid in Error. Councilor Brown
seconded the motion and' it passed unanimously.
Town Attorney John Dunn presented on first reading Ordinance No. 04-09, Series of 2004, An
Ordinance Authorizing Retail Liquor Stores or Liquor-Licensed Drug Stores in the Town of Avon
to Conduct Alcoholic Beverage Tastings. He noted that the Ordinance addresses the recently
passed legislation at the State that allows tastings at the above referenced establishments. Hen
noted that the local ordinance follows state law exactly and that the tastings are not limited to
just wine, but to spirituous liquors as well. Councilor D. Buckley moved to approve Ordinance
No. 04-09, Series of 2004, An Ordinance Authorizing Retail Liquor Stores or Liquor-Licensed
Drug Stores in the Town of Avon to Conduct Alcoholic Beverage Tastings. Councilor Brown
seconded the motion and it passed unanimously with a roll call vote.
Town Attorney John Dunn presented on first reading Ordinance No. 04-10, Series of 2004, An
Ordinance Amending Title 9, Avon, Municipal Code, as it relates to Possession of Opened
Containers of Vinous Liquor. He noted that the Ordinance addresses the conflict between
Avon's Code and the recently passed legislation at the State pertaining to open containers.
Some discussion ensued about how Police officers would know that the container came from a
restaurant. Mayor Pro Tern McDevitt moved to adopt Ordinance No. 04-10, Series of 2004, An
Ordinance Amending Title 9, Avon, Municipal Code, as it relates to Possession of Opened
Containers of Vinous Liquor. Councilor D. Buckley seconded the motion and it passed
unanimously with a roll call vote. Public hearings would be held on the ordinances at the next
meeting.
New Business
Councilor D. Buckley commented on the opening of the new ECO trail on Thursday.
Attorney Report
Town Attorney John Dunn provided an update on the negotiations regarding the court ordered
mediation that is supposed to occur with the parties involved in Lot 61.
Mayor Report
Again, Mayor Reynolds expressed thanks to staff and everyone responsible for the special
events taking place in Avon.
Regular. Council Meeting Page 2 of 3
July 13, 2004
Consent Agenda
Mayor Reynolds asked for a motion on the Consent Agenda. Mayor Pro Tern McDevitt moved
to adopt the consent agenda. Councilor D. Buckley seconded the motion and it passed
unanimously.
a. Approval of the June 22, 2004 Regular Council Meeting Minutes
b. Avon Public Library Lease
c. Xerox Copier Lease for Police Department
d. Metcalf Basin Drainage Improvements Project (Nottingham Road to 1-70) / Colorado Dept. of
Transportation Utility Permit
e. Resolution No. 04-27, Series of 2004, Resolution approving the Final Plat, Wildridge Bluff
Townhouses, The Final Phase of Suncrest Townhomes, Phase II, A Resubdivision of a Part of
Lot 7, Block 1, Wildridge, Town of Avon, Eagle County, Colorado (3038 Wildridge Road)
There being, no further business to come before the. Council, the meeting adjourned at 7 PM.
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
kegular Council Meeting
July 13, 2004
RECTF ~LkY SUBMITTED:
C
Patty c nny, T n lerk
c~•
Page 3of3