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TC Minutes 05-14-1985• • MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING HELD MAY 14, 1985 - 7:30 P.M. The 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 Pro Tem Sheila Davis at 7:41 p.m. A roll call was taken with Clint Watkins, Steve Miller, A.J. Wells, Al Connell, and Don Buick present. Mayor Allan Nottingham was absent. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering/Development Norm Wood, Director of Public Works Larry Brooks, Recreation and Special Events Coordinator Meryl Jacobs, as well as members of the press and public. The Mayor Pro Tem called for Citizen Input. There being no one wishing to be heard, the Mayor Pro Tem closed the discussion. The Mayor Pro Tem stated that, at the afternoon Work Session, Council discussed the National Flood Insurance Ordinance. This ordinance was adopted on first reading, in September of 1983, but was tabled on second reading. It was agreed that the ordinance be heard and discussed on second reading at this evening's meeting. Ordinance No. 83-34, Series of 1983, AN ORDINANCE CONCERNED WITH FLOOD DAMAGE PREVENTION AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. The Town Attorney stated there had been some discussion that afternoon regarding whether Council should take this ordinance, tabled in 1983, and consider it on second reading without re-posting notice of the public hearing. It was Mr. Dunn's opinion that a tabled ordinance could be brought up for consideration at any time. There was concern over whether there was adequate notice to the public. Mr. Dunn stated that there were emergency factors involved in the consideration of this ordinance. He stated that the principle purpose of the ordinance at this time was to qualify residents of the Town for Federal Flood Insurance protection, stating that a private market for flood insurance was also available to residents. However, it would be conceivable, under the circumstances, that the Federal Insurance could be the only insurance available. Councilman Watkins stated that he was not against the ordinance per se', but felt that bringing up ordinances that have been tabled for two years and then passing them on second reading, after two years, without any public hearing notice, was a bad precedent for Council to set. He felt Council should go through the regular procedure, stating there were not any elements of emergency requiring passage of the ordinance at this meeting. Councilman Buick stated, based on Mr. Dunn's earlier advice, that Council should pass the ordinance on second reading. Don Buick moved approval of Ordinance No. 83-34, on second reading, and to approve it as an emergency ordinance. The motion was seconded by Steve Miller. Discussion followed. Councilman Miller felt there was a great emergent need for passage of the ordinance at this meeting. Councilman Watkins felt that this was not an immediate need, nor an emergency situation, and did not feel Council had to pass the ordinance that evening. Councilman Miller stated that every other community has acknowledged what they feel the citizens within their towns might need, and thought this was the first step for Council to do the same thing for its residents. The Town Manager stated that what made this an emergency was the mud slide area, located in the Dowd Junction and Whiskey Creek areas. If these slide areas were to give way, a substantial dam could be created and, with the amount of water anticipated, would cause substantial flooding along the Eagle River, including a portion of Avon. Mr. James stated that residents of property within the one hundred year flood plain would not be able to buy private flood insurance. One of the purposes of the National Flood Insurance was to enable residents within the one hundred year flood plain to buy flood insurance. The Town Attorney recommended that a "Section 4" be added to the ordinance. This "Section 4" would read as followes: "The Town Council finds and declares that an emergency exists in that there is a clear and rising danger of flooding within the Town of Avon. This ordinance is accordingly adopted as an emergency ordinance without further reading." At this point, Councilman Buick amended his motion to include the emergency clause. Steve Miller amended his second. Councilman Wells stated that most of the ordinance deals with new construction, and he was very uncomfortable about that, especially since the Town has to comply with all the federal laws. He stated he would support the ordinance, but only because he was concerned that residents of the flood plain might not be able to buy insurance if Council did not pass the ordinance. He stated that -2- • 0 it does need further study and research by staff. He stated he would support the ordinance so long as it was not put on the shelf and forgotten. The Town Attorney stated that the Section numbers in the ordinance had to be changed from "17.22" to "17.44" throughout the ordinance. Don Buick amended his motion to inlcude that change. The motion was seconded by A.J. Wells, and was unanimously carried. The Mayor Pro Tem called for a roll call vote on second reading of the ordinance. Those Councilmembers voting "aye" were: Steve Miller, A.J. Wells, Al Connell, and Don Buick. Councilmember Watkins voted "nay". The motion carried by a 4 to 1 vote. A Preliminary Plat for Suncrest Townhomes, Phase 2, Lot 7, Block 1, Wildridge Subdivision, was presented to the Council. Norm Wood stated that Staff had received a Preliminary Plat for Suncrest Townhomes, Phase 2. He stated that the Plat was received too late for staff review but, under the circumstances, Council might wish to consider approval. The notice of public hearing was mailed to the adjacent property owners and posted, which met all the requirements for Council approval, if they so desire. Steve Wydeveld, developer of the project, approached the Council. He stated that, in 1981, he and his partner were one of the first developers in Wildridge. He stated it had taken almost four years to receive reservation agreements to be able to build in Wildridge. He stated that they are now at the point where they do have the reservation agreements, allowing them to begin to build three units (split six-plex into two tri-plexes). He was requesting Council's assistance in approving the Plat so they could go forth with their project. Mr. Wydeveld stated that they would begin construction within thirty days, if approval was granted. He stated that the bank required an approved Preliminary Plat, and this was also required for pre-sales. He stated they could not go ahead with construction until he had the approved Preliminary Plat. The Town Attorney stated that his firm does represent Mr. Wydeveld, and therefrom stems a conflict of interest. Mr. Dunn withdrew from the discussion. The Town Manager recommended that Council approve the Preliminary Plat, stating that if the staff runs into any problems, the Plat would be brought back to Council. Don Buick moved approval of the Preliminary Plat, Lot 7, Block 1, Wildridge Subdivision, subject to review and approval by the staff. The motion was seconded by Steve Miller, and was unanimously carried. -3- 0 • Gene Larson, General Manager for Heritage Cablevision, approached the Council. Mr. Larson reviewed the history of cablevision since Heritage took over the system, and informed the Council of a rate increase. He stated that Heritage would be adjusting the basic cable service rate, from $12.75 per month to $13.35 per month, effective June 1, 1985. He stated that the Federal Communications Act of 1984 allows cable operators to increase rates by an amount not to exceed 5% per year without local franchise authority approval. Councilman Wells stated that he had expressed concern, when Mr. Larson was before Council some time back, over the fact that the ordinance that was on the books did not coincide with Heritage's current rates. Mr. Wells stated he had no problem with the rate increase and would accept it, but he felt that the ordinance of record should reflect what was actually taking place. Mr. Larson stated he was cautious of making any recommendation to amend the rates listed on the books, only because of impending federal legislation. He stated it was Heritage's feeling that, in two years, systems such as Avon's and Vail's would be totally deregulated at a local level. A.J. Wells moved to acknowledge the rate increase, and to direct staff and the Town Attorney to amend the Franchise Ordinance so it would at least be consistent with federal laws. The motion was seconded by Steve Miller, and was unanimously carried. The Town Attorney reported on the bill from Davis, Graham & Stubbs for work done regarding the Sunroad Group, Ltd., litigation. He stated he had received a breakdown of attorneys' time spent between the Town of Avon and Benchmark. He stated he had no problem with the accounting of the bill. Be it noted that A.J. Wells stepped down due to conflict of interest. After discussion, it was agreed that the Town Manager would send the bill to the insurance company to see if they would reimburse $23,000 for the insurance costs. Mr. James stated he would report back to Council at its next meeting. Councilman Wells then resumed his seat. The Town Attorney reported on the Fair Labor Standards Act. He stated that this Act, adopted in 1966, established a minimum wage. -4- Originally, it was not applicable to municipalities. In February of 1985, the United States Supreme Court overruled that previous decision, and ruled that the Fair Labor Standards Act was applicable to municipalities. Mr. Dunn stated that one of the issues was whether there was an existing obligation to pay overtime retroactive to 1974. Another issue was whether, from the Department of Labor's standpoint, there would be any grace period before enforcement of the Act. He stated that new guidelines would be forthcoming, from the Wage and Hour Division, within the next thirty days. He stated that a grace period would be established by those guidelines. The more difficult issue rests with the fact that the Act gives employees a right of action to recover wages. After discussion, it was agreed to wait for the guidelines, and to have a resolution drafted by the next Council meeting. Development Plan Districts Four and Five were next presented to Council. Steve Miller moved to adopt the Goal Statements for Districts Four and Five as working goals, to be used to evaluate current projects and for public input, to finalize the Development Plan for Districts Four & Five. The motion was seconded by Don Buick, and was unanimously carried. Be it noted that a Town Council/Planning and Zoning Commission joint work shop was scheduled on Thursday, May 16, 1985, at 5:00 p.m., to discuss Goal Statements for Districts Three and Six. The Town Manager reported on the revised Sign Code. Due to the length of the Sign Code and the length of the agenda, he recommended that Council delay action on the Sign Code until the next meeting. Don Buick so moved. The motion was seconded by Al Connell, and was unanimously carried. The Town Manager reported on the parking regulations for Large Lot Reductions. He stated that Council had adopted guidelines for Mixed Use projects at the last meeting. Based on that, Mr. James presented Council with similar standards for Large Lot reductions. These were as follows: 1. Single purpose/use project, such as square feet or more of commercial space; 2. Applies only to projects with 50 or parking; 3. No parking spaces may be reserved; City Market, with 10,000 more spaces of required -5- 4. Reduced parking would only apply transportation or regularly scheduled 5. Reduction allowed only in TC, SC, 6. Adequate snow storage on site; 7. Project can not have less than been applied. 0 in areas served by public private transportation; RHDC, or SPA Zone Districts; 50 spaces after reduction has Parking spaces required would be: 1. Current Code requirements; 2. Allowable reduction of 15% of required spaces, except for handicap spaces. It would not apply to residential projects. Guidelines for Timesharing units were recommended as follows: 1. One space per 600 square feet, but not less than one space per unit. On Mixed Use projects, those standards would apply, plus the allowable reductions. It was suggested that the 15% reduction be deleted. After discussion, A.J. Wells moved to refer the report to the Planning and Zoning Commission, including any suggestions, comments, and changes made by Council. The motion was seconded by Al Connell, and was unanimously carried. The Town Manager stated that Council had requested some research be done in regard to SPA Zoning; how and when does an SPA project have Development Rights? Mr. James stated that the Development Right issue had not been resolved, as yet. Councilwoman Davis asked at what point does a project have Development Rights, if it is zoned SPA. Councilman Wells stated they have Development Rights when they are zoned SPA with density. Mr. James stated that, at this point, staff was forcing developers to come in and maximize their projects. Council discussed this issue at length. Councilman Wells stated that the first Town Engineer and Zoning Administrator decided that the Town had to have different Zone Districts, so that there would be a Town Core, etc... He stated that SPA areas were created so that a developer could do a special plan for an area, have a zero lot line, and not have to have standard easements for drainage, utilities, etc. He stated that Wildridge was developed under that scenario; a Master Plan, and an allocated density. He stated that once the density was established in the SPA area, if the developer then decided to build only half the allowed units, he could then sell -6- 0 his other half to another developer. This would then require the developer to amend his SPA Plan. He stated that a developer in an RHDC Zone could do the same thing. He felt it had to be established that an SPA Zone was no different than any other Zone. There was discussion on whether or not an ordinance was required for any zoning change. After lengthy discussion, Mr. Wells recommended that staff and the Town Attorney do further research on this issue. Bob McIlveen, with Beaver Creek Transit, approached the Council. He stated there were four areas of concern: 1. Additional summer service; 2. The increase in winter service from 15 minute to 10 minute intervals; 3. Increased evening service; 4. Additional buses Councilman Watkins requested a breakdown on the cost savings to the Town if the Avon buses were not run up to the base of the ski area. Councilman Wells stated that any numbers Council might look at would be offset in loss of revenue due to people not staying in Avon. After discussion, A.J. Wells stated that he felt the Town could not justify having the proposed 1985 summer bus service, and moved to turn it down. The motion was seconded by Al Connell, and was unanimously carried. Mr. McIlveen stated he would have to have a decision regarding 10 minute intervals and night bus service by the end of August. A.J. Wells moved to commit to buy one bus now, similar to the two large buses Avon now has. The motion was seconded by Steve Miller, and was carried with Clint Watkins voting "nay". The motion carried by a 4 to 1 vote. Tom Hill, LSW II, team leader for the Colorado West Regional Mental Health Clinic, approached the Council. He stated he had spoken with the Town Manager some time ago on a proposal to provide an Employee Assistance Program for Town of Avon employees. This program would provide up to three counseling visits per year for each Town employee and their immediate family members. Included in the contract would be: 1. Training for supervisors in the use of the EAP tool; 2. Orientation to the program for all employees; 3. Publicity for the program (posters, brochures); as a management -7- 0 • 4. Consultation for supervisors in dealing with troubled employees; 5. Program evaluations and utilization reports. The cost of the program, for the first year, would be $625.00, based on 25 eligible employees. Mr. Hill stated that this proposed program was in addition to their regular program at the clinic. After discussion, Steve Miller moved to approve funds in the amount of $625, for the first year, to go toward the Employee Assistance Program. The motion was seconded by A.J. Wells, and was unanimously carried. The Town Manager stated that Clean-Up Day for the valley was scheduled for May 18th. He also reported on the Avon Open Golf Tournament, which had been rescheduled to September 8th, at Beaver Creek. He stated there should be a date established for this event for the same time every year because of all the traffic on the courses. The Summer Solstice, and the schedule for the event, were also discussed. The Town Manager reported on the Town of Vail's Fireplace Ordinance. He stated that staff was still reviewing the document. So far, they were leaning toward a recommendation allowing one fireplace per Development Right, especially in the Town Core area, but not three to one. Another item for study was the air pollution in the area. Mr. James stated they have not been able to track down those reports as yet. A report would be forthcoming. Mr. James reported on the Avon Event Center. He stated that this was also addressed at the afternoon Work Session. Council basically agreed that the first phase should be in terms of recreational-type uses, aerobics, and meeting rooms. The Council directed Jack Zehren to take a look at a full-size Hockey Rink possibly for Phase I, and a swimming pool, as one alternative for a full build-up plan. Council agreed to eliminate the gymnasium and an auditorium. Mr. James stated that there was a tour planned to Denver, on Wednesday, May 22, to look at some of the Community Centers and Recreational Centers in the Denver area. -8- 0 The Financial Matters were next presented to the Council. Don Buick moved to receive items #1 through #10. The motion was seconded by Steve Miller, and was unanimously carried. Don Buick moved approval of the General Fund Accounts Payable for May 14, 1985. The motion was seconded by Al Connell, and was unanimously carried. A.J. Wells moved approval of the Transit Fund and the Public Works Fund Accounts Payable for May 14, 1985. The motion was seconded by Don Buick, and was unanimously carried. Clint Watkins moved approval of the Reconciliation Sheet of Accounts Payable for May 14, 1985. The motion was seconded by Steve Miller, and was unanimously carried. The minutes of the April 23, 1985, Council meeting were next presented to the Council. Steve Miller moved approval of the April 23rd meeting minutes. The motion was seconded by Al Connell, and was unanimously carried. Steve Miller moved approval of the April 29th Special Meeting minutes. The motion was seconded by Clint Watkins, and was unanimously carried. Steve Miller moved approval of the May 7th Special Meeting minutes. The motion was seconded by Al Connell, and was unanimously carried. It was noted that the World Forum would be held June 21, 1985, at Village Hall in Beaver Creek. The Councilmembers have been invited. The Town's logo was discussed. Charles Moore, Draftsman for the Town, had indicated that, when reducing the logo for brochure work, it was difficult to maintain a good quality and clarity. He had drafted three schemes, for review, that would allow better quality reductions. The Council agreed that scheme four was acceptable. -9- a The Town Clerk reported on the terms of four Planning and Zoning Commission members. After discussion, Council agreed to advertise and interview for those vacancies. Council requested that James Zitsman appear at the May 28th Work Session to interview for the vacancy on the Public Access Television Board. Council agreed to continue to advertise for the vacancy on the Personnel Merit Commission, and for three alternates for that Commission. Councilman Watkins stated he felt that the afternoon Work Session was too lengthy, and felt that some of the items could have been placed on the evening agenda. There being no further business to come before the Council, Steve Miller moved to adjourn. The motion was seconded by Clint Watkins. The meeting was adjourned, by Mayor Pro Tem Sheila Davis, at 11:13 p.m. tfully Submitted atricia J. le, Town erk -10-