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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 C:ADocuments and Settings\nwood\Local Settings\Temporary Internet Fi1es\0LK2\L52B1 WRRes04O8.doc