TC Minutes 07-08-1997C-I
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MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD JULY 8, 1997 - 5:30 P.M.
A regular meeting of the Town Council of the Town of Avon,
Colorado was held in the Municipal Building, 400 Benchmark Road,
Avon, Colorado, in the Council Chambers.
The meeting was called to order by Mayor Jack Fawcett at 5:43 PM.
A roll call was taken with Councilors Jim Benson, Richard Carnes,
Bob McIlveen, and Mayor Protem Judy Yoder present. Councilor
Dave Gilman and Councilor Bus Reynolds, Jr. were absent. Also
present were Town Manager Bill Efting, Assistant Town Manager
Larry Brooks, Town Clerk Patty Lambert, Town Attorney John Dunn,
Town Engineer Norm Wood, Director of Community Development Mike
Matzko, Planner Karen Griffith, and Administrative Assistant
Jacquie Halburnt, as well as members of the press and public.
Ordinances:
Second Reading of Ordinance No. 97-6, Series of 1997, AN
ORDINANCE AMENDING THE CHAPEL SQUARE PUD, (ORDINANCE NO. 96-25),
TO ALLOW INCREASED BUILDING HEIGHT AND INCREASE THE NUMBER OF
COMPACT PARKING SPACES ON TRACTS A & B, LOT 22, BLOCK 2,
BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO, LOCATED EAST OF BEAVER CREEK PLACE
Councilor Judy Yoder expressed a conflict of interest, stepped
down from Council's bench, and left the Chamber prior to the
Ordinance discussion.
Councilor Benson noted he could have possible business dealings
with Palmos Development but, none at this time.
Planner Karen Griffith reviewed Ordinance No. 97-6. Planner
Griffith stated the PUD amendment will do two things; allow
increased building heights and allow a slight increase in the
number of compact parking spaces. Councilor Benson asked, it's
adding two spaces or did it shrink two large spaces to small
spaces? Planner Griffith confirmed that two standard spaces will
be reduced to two compact spaces.
Councilor Carnes asked if Planner Griffith heard anything from
EMD, LTD. Planner Griffith stated nothing further since last
meeting.
Councilor Benson motioned to approve on second reading Ordinance
No. 97-6, Series of 1997. Councilor McIlveen seconded the
motion.
Mayor Fawcett asked for any public input. Hearing none, Mayor
Fawcett called for a roll call vote.
The motion carried with Councilor Yoder abstaining.
Ordinances:
First Reading of Ordinance No. 97-7, Series of 1997, AN ORDINANCE
AMENDING CHAPTER 5.08 OF THE MUNICIPAL CODE OF THE TOWN OF AVON
AS IT RELATES TO APPLICATIONS FOR LIQUOR LICENSES
Town Attorney John Dunn informed in the last session of the
legislature the liquor licensing code was re-written.
The purpose of this Ordinance is to cause the Town's ordinance to-
conform with the amendments to the state law.. The minor changes
are: 1.) in section is the fee has been raised to $500; 2.) in
section 2a the fee,has been raised to $500 and 3.) in section 3d.
the time for issuance of the temporary permit has been lengthened
from three days to five days.
Mayor Fawcett asked, does the legislation, that was passed-at-the
state level, allow the $500 or require it? Attorney Dunn stated
it allows it. Councilor Benson asked what is it for. Attorney
Dunn stated the fee is for processing the application, conducting
the investigation, conducting the public hearing and publishing
and posting the required notices. Councilor Benson asked what
the Town currently charges. Town Clerk Patty Lambert informed
the Town currently charges $350, the maximum that the state did
allow. Councilor Benson asked, so we don't have to charge $500,
we can charge $350, which we are charging right now? Town Clerk
Lambert responded, for the new application and transfer'of
application, the Town does not have to increase the fees.
However, on the liquor license fees, the Town is mandated to
charge the increase. Town Clerk Lambert exampled Bob's Place.
When Bob came in for renewal he noticed he no longer pays for
extended hours. The state raised all on premises liquor license
fees by $175 and eliminated the extended hours license. The
state charged $170 and the Town charged $30 for the extended
hours license. Thus, Bob's hotel and restaurant liquor license
fees were decreased. The fees for a new application and a
transfer of application are one time fees that the state is now
allowing the municipalities to raise from $350 to $500.
Discussion followed on renewal fees. Town Clerk Lambert exampled
if she were to apply for a liquor license, she would pay the one
time fee for the new application of $500, plus the liquor license
fees. At her yearly renewal, she would pay only the liquor
license fees.
Councilor Benson asked if there was a reason to.increase the one
time fees from $350 to $500. Town Attorney Dunn noted it,has
been $350 for approximately twenty years.: The theory of the fee
is to reimburse the Town for the cost of processing new liquor
licenses.
Councilor Yoder motioned,to approve on first reading,- Ordinance
No. 97-7, Series of 1997.' Councilor McIlveen.seconded the
motion.
Mayor Reynolds called for a roll call vote.
With.Councilor Benson and Councilor Carnes opposed and Councilor
McIlve_en and Councilor Yoder in favor, the vote resulted in a
tie. The motion carried with Mayor Fawcett voting in favor.
Town Manager Report:
Town Manager Efting announced Council's work session of July 15th
will be rescheduled to July 17th at approximately 4:00 P.M.
Town Attorney Report:
Town Attorney Dunn announced that at the
elected Vice Chairman of the Attorney's
next year he will become Chairman of the
basis, he will be meeting with the Front
CML conference he was
Section for one year and
Section. On a monthly
Range City Attorneys.
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Town Attorney Dunn suggested, with respect to the minutes of June
24th, Council amend the minutes to reflect the two abstentions.
So far as the technical problem with the agreement, the agreement
will be brought back on the consent agenda at the next meeting.
Mayor Report:
Mayor Fawcett thought the Town staff did a wonderful job for the
4th of July. Mayor Fawcett congratulated the special events
folks and specifically Meryl Jacobs and Dana Maurer. Mayor
Fawcett thought the police force did a great job in terms of
traffic control. Overall he heard nothing but excellent
comments. Councilor Benson gave kudos to the State Patrol. Town
Manager Efting commended Larry Brooks and the public works staff
for all their efforts on July 4th and even the next day.
Consent Agenda:
a.) Approval of the June 24, 1997 Council Meeting Minutes
b.) Acceptance of dedication of Tract A, Eaglebend Subdivision,
Filing No. 1 - Open Space
c.) Approval of Contract Modification Orders - 1 through 9
d.) Master Deed Restriction Agreement for the Occupancy and
Resale of Chapel Square
e.) Financial Matters
Councilor Yoder motioned to take the minutes out of the consent
agenda and that we delete item b from the consent agenda.
Councilor McIlveen seconded the motion. With Council's unanimous
consent the minutes of June 24th were removed from the consent
agenda.
Councilor Yoder motioned to approve the minutes of the June 24th
meeting with the following change, that on page 4, in the 4th
paragraph, it says, "Councilor Gilman motioned to approve
Resolution No. 97-37, Series of 1997, with the change in the
agreement as testified by the Town Attorney. Councilor Benson
seconded the motion and the motion carried unanimously", and I
would add, "with Councilor Yoder and Councilor Reynolds
abstaining". Councilor Benson seconded the motion and the motion
carried unanimously.
Councilor Benson motioned to approve the consent agenda with the
removable of item b. Councilor Yoder seconded the motion and the
motion carried unanimously.
There being no further business to come before Council, Mayor
Fawcett called for a motion to adjourn. Councilor Yoder moved to
adjourn. The motion was seconded by Councilor Benson. The
meeting was adjourned by Mayor Fawcett at 6:05 PM.
Patty Lamb
Town Clerk
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RESPECTFULLY SUBMITTED:
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