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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