TC Minutes 10-08-19910
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MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD OCTOBER 8, 1991 - 7:30 P.M.
The regular meeting of the Avon 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 Jerry Davis at 7:30p.m.
A roll call was taken with Mike Bennett, Charlie Gersbach, Tom
Hines, John Hazard, Gloria McRory, and Albert Reynolds present.
Also present were Town Attorney John Dunn, Town Manager Bill
James, Director of Engineering Norm Wood, Director of Municipal
Services Larry Brooks, Director of Community Development Rick
Pylman, Fire Chief Charlie Moore, Police Chief Art Dalton,
Sergeant Gary Thomas, Public Relations Officer Teresa Albertson,
Director of Recreation Meryl Jacobs, Town Clerk Patty Neyhart, as
well as members of the press and public.
The Mayor called for Citizen In-put.
Frank Doll, representing the Eagle County Historical Society,
discussed the matter of rebuilding and restoring the original Avon
General Store. Mr. Doll mentioned the building was probably
built in 1890/1900 and was run by Mr. Steven Bivens.
Approximately 1920 it ceased being a store and became housing for
foreign labor. Vail Associates agreed to restore the building and
stored it from the late 1970's until this spring. Then they moved
the building to its new location in the Historical Park in Eagle.
The Historical Society wants to rebuild and restore this building.
The Town of Eagle has agreed to help with excavation. Satterfield
Log Homes in Dotsero has agreed to donate logs to replace the
worn/rotten ones. The building is still in need of a concrete
pad/foundation, new roof, new floor, windows, and inside
restoration. Mr. Allan Nottingham has estimates for the outside
restoration totalling $3,000. This figure includes donated labor
and numerous volunteers. The building is located in Chambers Park
where the regional information center is located. Many people
stop by the museum and information center. Intentions are to put
"Avon Store General Merchandise" on the restored building as it
will become a part of the Eagle County Historical Park. Once the
building is completed, Avon merchants could put their brochures
and information on display, as well as historical information.
Mr. Doll is seeking $3,000 from the Town of Avon.
Mayor Davis thanked Mr. Doll for his presentation and Council
will consider his request as they are in budget sessions
presently.
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Next item under Citizen In-put was an appeal of the Design Review
Board concerning roofing material. Mr. Bruce Kelly, owner and
builder of a custom log home in Wildridge, stated that a week ago
he appeared before the Design Review Board to have a design change
on the roofing material of his home. He stated the Board broke
into a worksession for approximately 1 1/2 hours to determine
guidelines for types of fiberglass and asphalt roofing materials
that would be acceptable in Wildridge. After this discussion, the
Board voted on Mr. Kelly's request and produced a 3 to 3 tie
vote. A tie vote represents denial. Mr. Kelly presented Council
with photos of his home todate and of other log homes with
asphalt/fiberglass roofing. Mr. Kelly also displayed samples of
proposed fiberglass shingle roofing material that he would like to
use. These sample shingles have 340 pound weight per square with
a 30 year guarantee and the other in excess of 400 pound weight
per square with a 40 year guarantee. Mr. Kelly added that the
Design Review Board guidelines included shingles to have a minimum
300 pound weight per square. Mr. Kelly would like to go with a
fiberglass shingle due to safety and economics. Mr. Kelly knows
of two property owners within the last two years that have had to
replace their shake shingles and the fire rating for cedar shake
shingles/Woodruf product is zero. Mr. Kelly does not think that
fiberglass shingles will decrease property value do to their
longevity and fire ratings. Shakes cost approximately $90-$110
per square and fiberglass cost approximately $50-$80.
Councilman Bennett mentioned a concrete based shingle that
resembles a shake. Mr. Kelly added that extra support needed for
the weight of a concrete based shingle is astronomical. The
concrete based shingle was estimated to be $200 per square.
Rick Pylman noted that for approximately two years the Planning
Commission has been operating under a policy of acceptable and
unacceptable roofing materials in Wildridge. This policy is to
not allow asphalt shingles in Wildridge. Previously to that
policy, Mr. Pylman added, there are three homes in Wildridge that
have asphalt shingle roofs. Presently, numerous applicants are
requesting the Commission to accept other roofing products. The
Fire Chief, Charlie Moore spoke to the Commission of his concerns
of using wood shake shingles and landscaping styles for potential
wildfires. Mr. Moore's recommendation was that wood shake
shingles in the Wildridge area are not desirable and recommended a
fire rated product such as asphalt shingles. Mr. Pylman stated
that at the last Design Review Board meeting there were three
items on the agenda all pertaining to roofing materials in
Wildridge. The Board decided to change their policy and allow
asphalt shingles in Wildridge with a minimum 300 pound per square
with an adequate textured appearance. The Board approved two out
of the three requests for asphalt roof materials. Mr. Kelly's
request ended with a tie vote which resulted in denial. The three
nay votes cast were decided as one denying due to covenants in
Wildridge not allowing asphalt roofing material and the other two
denying due to aesthetics of architecture of log home.
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Mr. Albert Reynolds, Jr., a resident and builder in Wildridge for
approximately 11 years voiced his concerns with a wood product
that he was forced to put on that he knew would not last.
Approximately four years ago he had to repair his roof and some
interior drywall due to the best quality shakes, at the time he
built his house, failing. Mr. Reynolds has concerns with,his
fireplace as to sparks and ashes falling on his roof and igniting
and added that the samples brought by Mr. Kelly carry a class A
fire rating.. Mr. Reynolds mentioned he has built two houses with
asphalt shingles that have a 30 year warranty and with the relief
in them they are similar to cedar shingles. Mr. Reynolds
requested the use of asphalt shingles in the Wildridge area with
colors that would match the weathered cedar product. As a
builder, Mr. Reynolds feels more comfortable installing an
asphalt roofing material than the wood products.
Ms. Rhoda Schneiderman, who is presently building a log home in,
Wildridge, stated two basic issues are being discussed. One being
freedom of choice (or lack of in the Town of Avon) and the other
is appropriateness of asphalt products on log homes. Ms.
Schneiderman feels the Town is much too restrictive in building
materials. One style of roof does not go with every style, of
architecture. Shake roofs are not native to Colorado, Easterners
.brought the shake roofs in the 701s. History of log homes is mud
roofs, tar paper, tin,.'and asphalt. Ms. Schneiderman feels the
Town needs to give people more choice and look at products that go
with individual homes.
Rick Pylman added that the Planning Commission Design Guidelines
give them the latitude,to make decisions on allowing asphalt
roofing materials. The Design Guidelines do not specifically
state that asphalt shingles are or are not allowed, the Guidelines
areevery general.
Councilman Hazard mentioned that the Wildridge Covenants Committee
has been reactivated and anybody with questions regarding roof and
other modifications could address themselves to the Covenants
Committee. (See letter from Mr. Jack Hunn attached).
.Councilman Bennett asked what the procedure is to be appointed to
a Covenants Committee- Councilman Hazard added that the Covenants
Committee was reestablished by the original people who had
developed Wildridge. Town Manager Bill James added that Wildridge
Development Company had a Covenants Committee all along but most
of the people on the Committee had moved out of the area and they
have now appointed a new Covenants Committee.
Councilman Bennett mentioned that if the Council overturns the
Planning and Zoning Commission's decision to allow asphalt roof
material to be used it does not clear the builder or the homeowner
from'any legal obstacles with the Covenants Committee; it is just
one less hurdle for the builder and the builder would still need
to deal with the Covenants Committee. Mr. Pylman added that
Eagle County Planning Department will not issued a building permit
until they have Eagle-Vail, Berrycreek, etc.; Covenant approval.
Mr. Kelly.stated that through his entire process with the Avon
Planning and Zoning Commission he had heard of the Covenants
Committee and that it was disbanded.
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Town Attorney John Dunn stated that the Covenants Committee or any
property owner in Wildridge can bring court action to enforce the
covenants. It is independent from the Town; the Town has one
process and the covenants establish another process and the only
difference is in the Town you have to follow the Town's rules to
get a building permit. The building permit is absolutely
essential, you can't do anything without a building permit. In
the case of the covenants there is no sort of self enforcing
procedure like this; you take your risk. Mayor Davis added that
people buy property with certain restrictions or covenants on the
title.
Councilman Gersbach asked how one changes the covenants. Mr.
Dunn responded that the procedure is established in the covenants
for amendment of them. Councilman Hazard added there are seven
members in the covenants committee and the first task is to
address all of the people, including Mr. Kelly, who has a problem
to try to solve that problem as quickly as possible and to change
and modify alot of the rules that are no longer applicable with
the time.
Councilman Gersbach motioned to overrule the Planning and Zoning
Commission and allow Mr. Kelly to go ahead with the product which
is presented and to resubmit the color for approval of the
Planning and Zoning. Councilwomen McRory seconded motion.
Councilman Bennett reiterated that Council is not overriding any
Covenants Committee and applicant will still have to deal with any
Covenants Committee that may be there as the Committee will
probably have the right to stop construction or sue if you do not
adhere.
Councilman Hazard assured Mr. Kelly that the Committee will
consider his request very favorably because this has been
something that is going to be changed in the covenants.
Mayor Davis then entertained a show of hands of Council in favor
of the motion. The motion carried with Councilman Hazard
opposing.
Next item under Citizen In-put was a 1992 funding request for The
Eagle County Library. Ms. Judy Yoder, member of the library
board, presented library cards to all councilmembers. She is
requesting $25,585 from the Town of Avon to help in the purchase
of computers and printers and security system for the new Avon
branch. Eagle County is major contributor of $330,00 for all
three branches. Mayor Davis asked Ms. Yoder to report back the
amount of funds from mill levy, what the mill levy is set at and
what procedure to increase mill levy and how would they generate
additional funds and how is the funds divided among the three
libraries; who makes that decision. The Town of Avon has donated
the facility/space, heating, and lighting. Friends of the Library
has raised approximately $80,000.
Mayor Davis thanked Ms. Yoder and advised that Council will
consider her request during this budgeting time of year.
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Next item under Citizen In-put was a request for 1992 funding for
Colorado Municipal College. Ms. Kay Saulsberry is requesting
$5,000 from the Town of Avon to fund student tuition, teacher
training, and the marmot system.
There being no further Citizen In-put, the Mayor closed that
portion of the Agenda.
Resolution No. 91-26, Series of 1991, A RESOLUTION ADOPTING THE
STREETSCAPE AND URBAN DESIGN GUIDELINES PLAN FOR THE TOWN OF AVON
Mr. Rick Pylman stated that the Town has entertained three public
hearings on the draft of the Streetscape and Guideline Plan. All
comments received, including architects' comments have been very
positive. It is now before Council to request adoption.
Mayor Davis called for a motion.
Councilwoman McRory moved adoption of Resolution No. 91-26,
Series of 1991 and was seconded by Councilman Hazard. The motion
was carried unanimously.
Resolution No. 91-27, Series of 1991, A RESOLUTION APPROVING A
PRELIMINARY PLAT FOR THE FIRST AMENDMENT TO THE SUNROAD
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO AND SPECIFYING
CONDITIONS FOR PRECEDING TO FINAL PLAT
Mr. Norm Wood read the Resolution in its entirety with his
explanations and presented drawings and maps for further detail.
Mr. Chris Eddy of Sunroad stated that curb cut issues needed to
be dealt with in the subdivision process. The lot was subdivided
with the U.S. Postal Service office in mind. First Bank will
loose one access, making 5 acres with 6 curb cuts.
Mr. Terry Halverson of First Bank mentioned he is not happy about
loosing the East entrance to the bank and would like to keep all
options. Mr. Halverson wants to ensure easy access from the Bank
to the Post office and easy pedestrian access.
Discussion followed.
Mayor Davis opened the meeting for public hearing. There being no
one wishing to be heard, the Mayor closed the public hearing.
Further discussion followed regarding First Bank's access.
Mayor Davis called for a motion.
Councilman Bennett moved adoption of Resolution No. 91-27, Series
of 1991, as amended by plans of Alpine Engineering of October 3rd
and revised October 8, 1991, which does include note #2 that
eliminates the second access, actually third access to Lot #1 in
the event the U.S. Postal Service doesn't purchase Lot #1 and
eliminate #3 which leaves the option open to review at access
point when First Bank brings in their development plan for Lots #5
& #3, redevelopment plan for those two lots. The motion was
seconded by Councilwoman McRory and was unanimously carried.
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The Council then recessed at 9:32p.m. and reconvened at 9:48p.m.
Resolution No. 91-28, Series of 1991, A RESOLUTION TO AMEND THE
1991 TOWN OF AVON BUDGET.
Mr. Bill James stated that we are still in the process of getting
qualified buyers for the 17 units in Wildridge as they were
supposed to be in place by September 15th. Unfortunately during
the process our lender that we were working with lost his approval
from HUD to be the lender for this project and have had to switch
lenders. We have resubmitted and given all the applications to
the new lender which is Alpine Independent Mortgage Company. In
order to continue construction for another month, we had to give a
construction guarantee to Chrysler. They agreed to pay for the
first $100,000 of the loan and this Resolution allows us to draw
down the construction loan another $300,000, but would like to
increase that to $400,000 to gain another week. We are still
working with the buyers to get them all qualified and hope to have
them set by end of next week. This is a temporary fix until the
buyers are qualified.
Councilman Reynolds motioned to approved Resolution No. 91-28
amending the 1991 budget appropriating $400,000 for construction
guarantee for Wildwood Townhomes. Councilman Bennett seconded
motion and the motion was carried unanimously.
Next was Mayor Report.
Mayor Davis announced the Ribbon Cutting for Bob is scheduled for
October 24, 1991, 11:15am. Lunch for those invited at Noon.
Mayor Davis is unable to attend the CAST meeting in Steamboat
October 10 and 11 should anyone like to attend in his absence.
Mayor Davis is unable to be a judge for the Homecoming festivities
in Minturn scheduled for October 18th. Possibly Councilman
Reynolds will be able to attend.
Mayor Davis appointed Councilman Gersbach to the Berryereek 5th
Authority.
Next was Other Business.
Councilman Hazard read and submitted the attached memo after his 8
hour tour of duty with Police Officer John Dobson.
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Public Relations Officer Teresa Albertson has met with Nissan and
they have offered cars to drive across the Bob as well as fund a
Bob-be-cue. Volunteers would be needed to cook and serve the food
donated by Nissan. During the ribbon cutting scheduled for
October 24th, Nissan would like to present the Town with a safety
award for doing the project in the first place and eliminating the
potential danger of cars versus trains. In exchange, Nissan is
seeking publicity. Ms. Albertson expects national press as the
naming of the bridge received. It was decided that Nissan park
and display their cars near the Bob-be-cue but is not appropriate-
that the"cars carry the dignitaries. It is hoped that the
merchants will volunteer to help with the Bob-be-cue and even do
advertising/sales themselves. Let the merchants decide what time
to do the Bob-be-cue, possibly the night before the ribbon cutting
ceremony, and keep the luncheon scheduled for Noon for the invited
guests. At 12/Noon, October 24th the bridge will be'open.
The Financial Matters were next presented to Council.
Councilwoman McRory moved to receive items #1 through #11 and
approve items #12, #13, #14 and #15. The motion was seconded by
Councilman Reynolds and was unanimously carried.
Councilwoman McRory moved approval of the September 24,1991
minutes as presented. The motion was seconded by Councilman
Gersbach and was unanimously carried.
Mayor Davis mentioned that next Tuesday at 5:00pm we will have a
meeting here'in'-the Municipal Building with the.Avon Council, Vail
Council, and County Commissioners to discuss cooperative.issues
and after that we will discuss special events.
There being no further business to come before Council, Councilman
Bennett moved to adjourn. The motion was seconded by Councilman
Reynolds. The meeting was adjourned by Mayor Davis at 10:14p.m.
^"SPECTFU Y SUB ITTED:
Patty Ne hart Town clerk
OCT 08 '91 16:04 BEAVER CREEK 303 949-5750 EX3012
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October 8, 1991
Mr. Bill James, Manager
Town of Avon
P.O. Box 975
Avon, CO 81620
RE: Lot 57, Block 3
Wildridge Subdivision
Dear Bill:
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On October 1, 1991, the Avon Planning and Zoning Commission (P&8)
granted its approval for the installation of an asphalt roofing
product on the subject property at the request of the owner of the
property, Jan Livergood.
Pursuant to Paragraph 04 of the protective covenants of Wildridge
Subdivision, this letter shall serve to notify the Town of Avon and
the subject property owner that the covenants committee must object
to the P&Z's decision of October 1, 1991. The approval of an
asphalt roofing product represents a variance from the protective
covenants and design guidelines of Wildridge Subdivision.
The covenants committee is prepared to meet with the subject
property owner in the near future to review and approve or deny the
proposed variance, as called for in Paragraph Nos. 5 and 6 of the
covenants.
The subject
request and
address any
property owner will need
arrange for a mutually
request for a variance.
to contact the committee to
convenient time to most and
;he Wildridge Covenants Committee
D
cc: Jan Livergood
Covenants Committee:
- John Hazard
Dave Yoder
Jack Fawcett
- Peter Monroe
Barbara Harris
Jim Stovall
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MEMO TO : HONORABLE MAYOR AND COUNCIL MEMBERS
FROM JOHN HAZARD
DATE OCTOBER 8, 1991
RE POLICE DEPARTMENT
On Friday 20, September 1991, I accompanied Officer John
Dobson on an 8 hr tour of duty, from 7:30 p.m. to 3:30 a.m.
The purpose of this exercise, was to familiarize myself with
some of the duties and responsibilities of our Police
department.
After a visit of the facilities by Chief Dalton, needless to
say that I was impressed with the quiet efficiency and
neatness of the Department.
It did not take long, riding in the patrol car with officer
Dobson, to realize that chasing speeding cars was not a
priority of the Department, even though it is a necessary
duty in order to prevent injuries'to the offender and
possible third party.
Patrolling the entire area of Avon is by no means an easy
task, but to a neophyte such as myself, it is as tedious as
it is a thorough and meticulous task which requires a
trained eye and constant vigilance. I watched Officer Dobson
check the lock of every front and back doors of stores and
offices, check every back alleys, every bus stops, walk
through houses and commercial project under construction.
This is only part of officer Dobson duties. Bar checks is
another part of his duties which are performed in a polite
and courteous manner.
His log is constantly updated so that it will reflect a
maximum of details and accuracy. The radio keeps him in
constant touch with the dispatch center in Vail. This is the
life line of every patrol cars.
Several times during the night, officer Dobson rendered back
up assistance to Sheriff patrol cars. Everyone operates not
only as an individual but as a team doing their job quietly
and most efficiently.
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MEMO TO : HONORABLE MAYOR AND COUNCIL MEMBERS
TUESDAY, 8 OCTOBER 1991
PAGE TWO
Even when a call came at 2 o'clock in the morning to assist
a driver who had a flat tire, Officer Dobson rushed to
answer the call and changed the tire as if it were just
routine. What a fantastic public relation image!.
We are indeed fortunate to have such a Police Department.
They are an integral part of our community which they serve
so diligently. They are the reflection of the best
we have to offer in Avon.
Next time you see one of them, why don't you smile and wave
at him. Believe me, you will make his day.
I respectfully request that this memo be
minutes of the Council as a recognition
appreciation to our Police Department.
entered in the
of our respect and
John Hazard
councilman