TC Minutes 07-27-20041MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD JULY 27, 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 as well as members
of the press and public.
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 presented once again the resolution with some
revisions from the last meeting and explained 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. Councilor Sipes moved to approve Resolution No. 04-25, Series of
2004, Resolution relating to Proposed Amendments to existing Non-Developable Areas in the
Wildridge Planned Unit Development with an amendment to Section 2 to state "the basic area is
traded on a greater than or equal to a one-to-one basis so that the land designation is not
reduced or diminished: and" etc. Councilor Wolfe seconded the motion and it passed with five
to one roll call vote (P. Buckley - nay).
Community Development Director Tambi Katieb presented Resolution 04-28, Series of 2004, a
Resolution approving revised Town of Avon Residential, Commercial and Industrial Design
Review Guidelines - Procedures, Rules and Regulations as adopted November 6, 2001. He
noted that the Resolution proposes several revisions to the Design Review Guidelines as a
result of meetings with the Council and the Building Community wherein an exchange of how to
improve & revise the process would benefit both parties. He summarized some of the revisions.
Some discussion ensued about submittal requirements and whether or not the definition of
building height was clear enough to all. Councilor Sipes moved to approved Resolution 04-28,
Series of 2004, a Resolution approving revised Town of Avon Residential, Commercial and
Industrial Design Review Guidelines - Procedures, Rules and Regulations as adopted
November 6, 2001 with a minor revision to page 13 (council packet memo) Section 6 -
Application & Processing in the Sketch Plan Review, #3 would still include the floorplans
requirement. Councilor Brown seconded the motion and it passed unanimously with a roll call
vote.
Town Engineer Norm Wood presented Resolution No. 04-29, Series of 2004, Resolution
Approving and Accepting the Public improvements Installed and Constructed in Accordance
with Subdivision Improvements Agreement of the Village (At Avon) Filing 2 and Establishing
Warranty Period for said Improvements Avon, Eagle County, Colorado. He noted that the
improvements generally consist of extension of Swift Gulch Road, bike path, storm drainage,
debris flow basins, water main extensions, sewer main extensions and shallow utilities to serve
the Buffalo Ridge Housing project. He noted that the construction is complete & all required
materials and certifications have been submitted. He explained that the resolution also
establishes a one year warranty period and allows release of the security deposit with a dual
oblige bond to provide security for the warranty period. Councilor P. Buckley moved to approve
Resolution No. 04-29, Series of 2004, Resolution Approving and Accepting the Public
improvements Installed and Constructed in Accordance with Subdivision Improvements
Agreement of the Village (At Avon) Filing 2 and Establishing Warranty 'Period for said
Improvements Avon, Eagle County, Colorado. Councilor D. Buckley seconded the motion and it
passed unanimously with a roll call vote.
Ordinances
Town Attorney John Dunn presented on second 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. He 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. Mayor Reynolds opened the public
hearing, no comments were made, and the hearing was closed. Councilor Brown 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 D. Buckley seconded the motion and it passed unanimously with a roll call vote.
Town Attorney John Dunn presented on second 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 Reynolds opened the public hearing, no comments were made, and the
hearing was closed. Councilor. Sipes 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 Wolfe seconded the motion and it passed unanimously
with a roll call vote.
Town Attorney John Dunn presented Ordinance No. 04-11, Ordinance Amending Title 8, Avon
Municipal Code, to Establish Regulations and Standards Regarding, the Protection of Wildlife
and Providing Penalties for the Violation Hereof. He explained that the legislation is a result of
Avon's problems with bears. He noted that Town of Vail & Town of Blue River have adopted
legislation that he reviewed to draft Avon's ordinance as well as some discussion with Bill
Andre, Division of Wildlife. Discussion ensued with regard to the details of Sections 8.32.030-
Residential Refuse Disposal & 8.32.050 - Construction Site Refuse Disposal as well as the
differences between "bear-resistant & bear-proof containers". Councilor Wolfe moved to
approve Ordinance No. 04-11, Ordinance Amending Title 8, Avon Municipal Code, to Establish
Regulations and Standards Regarding,the Protection of Wildlife and Providing Penalties for the
Violation Hereof with three changes as follows:
1. 8.32.030 - Letter A - include only "fully enclosed and secured structure"
2. 8.32.030 - Letter B - include "before the end of the same day" instead of 7 pm.
3. 8.32.050 - include "or such refuse shall be removed from the site by the end of each
day.
Mayor Pro Tern McDevitt seconded the motion and it passed unanimously with a roll call vote.
A representative from a Sold Waste Systems out of Parker, Colorado was present to display two
different types of refuse containers and explain to the Council the products his company offers.
A Wildridge resident expressed concern about the enforcement of this legislation; he noted that
the leash law seemed never to be enforced in Wildridge. Some discussion ensued about his
concern; some Council members expressed their concern about the safety for the community
because of these bears roaming the area.
Regular Council Meeting Page 2 of 4
July 27, 2004
Community Development Director Tambi Katieb presented Ordinance No. 04-12, Series of
2004, An Ordinance Amending Title 16 and 17 of the Avon Municipal Code of the Town of Avon
as it relates to review of Planned Unit Development Zone Districts, 'Definition' of Building Height,
and Parking. He noted that several revisions to both the Zoning & Subdivision Codes pertaining
to some of the following topics:
✓ Building height definition
✓ PUD Submittal Requirements & PUD Amendment Procedures
✓ Development Agreements & PUD Applications
✓ Coordination of Public Notice provisions with Preliminary subdivision applications
✓ Clarification of existing parking standards for Commercial Land Use
✓ Revised SPA % PUD definition and notice provision in the Subdivision Regulations
There was some concern and discussion regarding the timing of the public notices, the
completion of the staff report and, when it is given to the applicant, in that, the applicant can then
table consideration of the application. Several ideas were addressed, extending more time in
the process, creating an interim draft report, none of which seemed to be an ideal solution.
Some discussion also ensued about the definition of a "complete application" and everyone
agreed that the language drafted was adequate (as well as agreed to by the Town Attorney).
Everyone then agreed' that staff drafts a process that would address this timing scenario and
include language for second reading. Councilor Wolfe moved to approve Ordinance No. 04=12,
Series of 2004, An Ordinance Amending Title 16 and 17 of the Avon Municipal Code of the
Town of Avon as it relates to review of Planned Unit Development Zone Districts, Definition of
Building Height; and Parking with the following direction to staff at second reading we further
rework the timing of submission and P&Z hearings as discussed that meets staff approval.
Councilor D. Buckley seconded the motion and it passed unanimously with a roll call vote. A
public hearing would be held at the meeting on August 10, 2004.
Town Engineer Norm Wood presented Ordinance No. 04-13, Ordinance Amending Section
8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour
Limitations Under Certain Conditions. He noted that this. Ordinance was proposed to address
future construction projects that may have less impact if certain activities are performed outside
the limited construction hours stipulated in Section 8.24.085 of the Code, i.e. such as work done
in areas such as Avon Road. He explained that this legislation would provide some needed
flexibility for certain construction activities while maintaining . protection intended in the current
code. Councilor Sipes moved to approve Ordinance No. 04-13, Ordinance Amending Section
8.24.085 of the Avon Municipal Code to Allow the Grant of an Exception to Construction Hour
Limitations Under Certain Conditions. Mayor Pro Tem McDevitt seconded the motion and it
passed unanimously with a roll call vote.
New Business
Town Clerk Patty McKenny presented a Permit Application for Outdoor Use of Sound
Amplification System submitted by applicant John Osurio, American Crown Circus, Inc. July 29,
2004; 2 shows, 6 PM - 8PM & 8 PM - 10 PM. She noted that per the Town Code, a permit
requires a public-hearing & Council approval for amplified sound after 8 PM in Nottingham Park.
Mayor Reynolds opened the public hearing, no comments were made and the hearing was
closed. Councilor D. Buckley moved to approve the Permit Application for Outdoor Use of
Sound Amplification System submitted by applicant John Osurio, American Crown Circus, Inc.
for July 29 . Councilor Brown seconded the motion and it passed unanimously.
Regular Council Meeting Page 3 of 4
July 27, 2004
Other Business .
Town Clerk Patty McKenny highlighted some notable election dates for the .following month.
She noted that qualified persons could obtain Election packets/Nomination Petitions from the
Avon Town. Clerk's office beginning Tuesday, August 3, 2004 with a deadline date for submitting
nomination petitions to the Clerk's office no later than 5 pm on Monday, August 23, 2004.
Mayor Report
Mayor Reynolds commented on the recent 1-70 Corridor Coalition Meeting that he and Town
Manager Lary Brooks attended recently.
Consent Agenda
Mayor Reynolds asked for a motion on the Consent Agenda. Mayor Pro Tern McDevitt moved
to adopt the consent agenda. Councilor Brown seconded the motion and it passed
unanimously.
a. Approval of the July 13, 2004 Regular Council Meeting Minutes
b. Renewal of Hotel/Restaurant liquor license for China Garden, 100 W. Beaver Creek Blvd, Avon,
Colorado
c. Nottingham Road Improvements - (Phase 1) Easement Appraisals - Valuation Consultants, Inc.
Appraisal Services Proposal
d. Nottingham Road Improvements (1-70 to Buck Creek Road) Intermountain Engineering, Ltd.
Additional Engineering and Contract Administration Services Proposal
e. Resolution No. 04=30, Series of 2004, A Resolution Consenting To Participation By The Eagle
Valley Library District In The Colorado Intergovernmental Risk Sharing Agency
f. Resolution No. 04-31, Series of 2004, Resolution Approving the Final Plat, A Resubdivision of Lot
72, Block 4, Wildridge, Town of Avon, Eagle County, Colorado (5350 Ferret Lane)
g. Polling Place Agreement - Eagle County Clerk & Recorder
There being no further business to come before the Council, the meeting adjourned at 7 PM.
.YISUBMITTED~." ~O'~ '
Patty MoKeony, T
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
Regular council Meeting
July 27, 2004
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