TC Minutes 11-11-2003MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD NOVEMBER 11, 2003
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 and
Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, and Ron Wolfe present.
Mayor Pro Tern Mac McDevitt was absent. Also present were Town Manager Larry Brooks,
Town Attorney John Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty
McKenny, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works
Director Bob Reed, Finance Director Scott Wright, Police Chief Jeff Layman, Community
Development Director Ruth Borne, as well as members of the press and public.
Citizen Input
Public Hearing on 2004 Town of Avon Budget & Capital Proiect Budget
Finance Director Scott Wright noted that public hearings are required on the 2004 proposed
budget for both the operating budget and the capital projects fund budget prior to final adoption
(which is scheduled for November 25th). Mayor Reynolds opened the public hearing, no
comments were made and the hearing was closed. Councilor Wolfe noted that the 2004 budget
was the topic of a retreat held in early October and a great deal of time has been spent on its
development. Staff was commended on a job well done with the 2004 proposed budget.
Other
Janine Glennon, owner of Vista Restaurant & resident of Avon, addressed the Council on two
topics, 1) signage & 2) her concern about the proposed bar on Metcalf Road. On behalf of the
Avon Business Association's behalf, she wanted to recommend that any signage be sure to
move the visitors around the round-about to the east Avon businesses. Staff was directed to
address their concerns & provide feedback as soon as possible. Councilor Sipes noted that a
study should be conducted to determine the long-term appropriate signage for the Town.
Jon Buchli, resident of Avon, addressed the Council with regard to request from some dog
owners to create a "dog-park" where no leashes are required. He presented a map to that
shows the proposed area, noted that most of the homeowners in the area are supportive of the
idea, and suggested that those people using it would monitor it. Council expressed some
concern about the park being so close to the proposed area and that there is not a fence that
closes in the area. He was directed to move his proposal through the appropriate channels of
Community Development and definitely obtain written support for the surrounding property
owners.
Resolutions
Town Engineer Norm Wood presented Resolution No. 03-45, Series of 2003 - Resolution
Repealing Resolution No. 91-18, Series of 1991, and Ending the Incentive Program for the
Conversion of Solid Fuel Burning Devices to Certified Solid Fuel Devices, Gas Log Fireplaces
and Gas Appliances in the Town of Avon, Eagle County, Colorado. He noted that the resolution
was prepared in response to the capital improvements program prioritization process and
corresponding removal of funding for the incentive program. Councilor D. Buckley moved to
approve Resolution No. 03-45. Councilor Brown seconded the motion and it passed by those
members present (McDevitt absent).
New Business
Community Development Ruth Borne presented an appeal of Planning & Zoning Commission
denial of Special Review Use Application for the proposed Fiasco Restaurant/Tavern, located at
411 Metcalf Road, by Applicant/Owner: David Svabik. She noted that a site tour had been
conducted earlier that day during the work session with all council members, applicant and staff
present. She presented the history on the application, noting that the application has been
submitted and denied three times by Planning & Zoning Commission. Their concerns included
traffic impacts, driveway access, and compatibility with the Comprehensive Plan to name a few.
She pointed out that various letters in support and opposition were included in the packet. Tom
Boni, Terrell Kngiht and the applicant, David Svabik, addressed the Council with regards to the
specifics of the proposal. It was pointed out that the neighborhood of the immediate area was
very supportive of the proposal and that some retail in that area already exists & this proposal
might compliment that use.
Mayor Reynolds opened the public hearing, noted a number of letters that had been received
that afternoon regarding public comments on the proposal. He then allowed for comments from
the public as follows: Jamie Lucas, Mindy Feldham, Jim Lawrence, and Liz Matthews in support
of the project & Jane Leavitt opposing the project. The hearing was closed at this time. Council
submitted their comments and a summary is as follows:
✓ Supported the applicant' s character and his ability to own & manage a restaurant; just
didn't support the location for the proposed restaurant
✓ No public transportation to the establishment
✓ Concern about access to the location, i.e. difficult driveway & Metcalf Road not able to
support such a use
✓ Impacts of traffic with the opening of such an establishment
✓ It was noted that Council's role is to determine if the P&Z Commission did their job
based on the findings to the decision & no new evidence was presented
Councilor D. Buckley moved to uphold the Planning & Zoning Commission of denial of the
Special Review Use for the applicant David Svabik and his proposed restaurant/bar Fiasco.
Councilor Wolfe seconded the motion and it passed by those members present (McDevitt
absent). A few closing comments were made by Terrell Knight, thanking the Council and staff
for consideration of the proposal.
Community Development Director Ruth Borne presented a request from the owner/applicant,
Steven Grow, requesting a permanent easement from the Town on Tract B in order to
accommodate the construction of a carwash located at 710 Nottingham Road. She noted that
the proposed easement is a permanent structural encroachment on Town property, although not
visible after construction is completed. The easement will accommodate the soil nailing that is
essential to build the structural load-bearing walls on the northernmost part of the project - a
necessary part of the building itself. John Perkins, architect on the project, addressed the
Council with regard to the need to make the request. It was noted that permanent easements
were not usually granted, but with some further thought and discussion, staff recommended
approval. After some concerns were expressed by a number of Council members, Councilor
Sipes moved to deny the carwash easement request by Steven Grow. Councilor D. Buckley
seconded the motion and it passed with a four to one vote (D. Buckley, Sipes, P. Buckley, Wolfe
- aye; Brown - nay; McDevitt absent).
Because Councilor Wolfe is a veteran, Mayor Reynolds asked him to read the Veteran's Day
Proclamation.
Regular Council Meeting Page 2 of 3
November 11, 2003
Consent Agenda
Mayor Reynolds asked for a motion. Councilor Brown moved to approve the consent agenda.
Councilor Sipes seconded the motion and it passed unanimously by those members present
(McDevitt absent).
a. Approval of the October 28, 2003 Regular Council Meeting Minutes
b. 2003 Street Repair and Improvements - Change Order #1 Release of Easement on Mountain
Vista Resort Subdivision, 180 W. Beaver Creek Blvd. (Ruth Borne) -
There being no further business to come before the Council, the meeting adjourned at 7:30 PM.
SUBMITTED:
Patty k0cl,~enny
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting
November 11, 2003
Clerk ~t5 OF f
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