TC Minutes 11-12-1991•
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD NOVEMBER 12, 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 Pro-Tem. Albert Reynolds
at 7:34p.m. A roll call was taken with Mike Bennett, Charlie
Gersbach, Tom Hines, and Gloria McRory present. Mayor Jerry Davis
and Councilman Hazard were absent. 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, Police
Chief Art Dalton, 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 Pro-Tem called for Citizen In-put.
Ms. Debbie Taylor, secretary for the Goshawk Townhome
Association, expressed the owners' concerns of the Wildwood
Townhomes with regards to height, distance of units from Goshawk,
condition of Goshawk parking lots, and roof change of Wildwood
from shake to asphalt. Ms. Sue O'Neil reiterated above concerns
with respect to lowering Goshawk Townhome property.
Mr. Rick Pylman noted that the repair of the entryway/parking lot
is in the contract and will be repair.
Mr. Mark Donaldson stated that the Wildwood Townhomes setback is
30' from the Goshawk Townhome Unit #1 and the building comes
within inches of the 30' setback at the closest point. This point
may appear closer as the end units are further away.
Mr. Pylman stated that the height does not exceed the building
codes. Mr. Bill James added that occupants of Goshawk will not
see the same views they had prior to Wildwood being constructed.
Conversation was directed as to what the Town might do for the
Goshawk owners. Ms. O'Neill would like to see some type of
segregation between Goshawk and Wildwood Townhomes with the
possibly of a fence and some shrubbery.
Mayor Pro-Tem Reynolds stated that the roofs of the Wildwood
Townhomes will be asphalt. Ms. O'Neill thought it would add to
the whole attractiveness of the mountain if the Wildwood Townhomes
roofs would be shake such as the Goshawk Townhomes. Mayor Pro-Tem
Reynolds added that the main reason asphalt will be used is due to
fire safety.
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Ms. O'Neill mentioned her concern with construction on Sunday.
Mr. Pylman added he will talk with the contractor. It was
mentioned that due to weather constraints and time of year, it may
be difficult at this point for the contractor to stop work on
Sunday. Mr. James stated that he has received a letter from Mr.
Frank Doll in regards to construction on Sunday at the Eaglebend
project and that once Mr. Doll is recuperated he may wish to come
before Council and address his concerns. Mr. Donaldson mentioned
that Arrowhead and BeaverCreek have covenants restricting hours of
construction.
Ms. O'Neill stated the main problem is the height and if Goshawk
could be compensated with fencing and shrubbery with some
irrigation, that might be satisfactory.
Mr. Pylman mentioned that Wildwood Townhomes does have a
landscaping plan and budget that may be moved around; as planned,
there is very little landscaping between Wildwood and Goshawk.
Ms. O'Neill requested to wait and see how high the peaks of the
roofs will be to determine what height the fence should be between
Goshawk and Wildwood.
Mr. James mentioned that the Town will continue to work with
Goshawk owners and that it may be next Spring before a solution
can be put in place. Mr. James added that with the proper
irrigation and shrubbery a fence may not be needed.
Councilwoman McRory questioned the owners if they had anticipated
the property, in front of them, of ever being developed. The
owners responded that the Realtor who sold them the unit had told
them it would not be developed directly in front of them.
Ms. O'Neil mentioned that two units' views will be affected by
the Wildwood Townhomes building; one unit is the Deb & Gordie
Taylor's and the other is Dave Lach's rental unit.
It was agreed that the Town and the owners will continue to work
with each other; wait and see how high the peaks of the roofs will
be; and review possibly in the Spring for fencing or landscaping.
There being no further Citizen In-put, the Mayor Pro-Tem closed
that portion of the Agenda.
Second Reading of Ordinance No. 91-6, Series of 1991, AN
ORDINANCE CONCLUDING A LEASEHOLD AGREEMENT PURSUANT TO SECTION
14.9 (a) OF THE CHARTER OF THE TOWN OF AVON.
Mr. Bill James informed that this is for the space the Town
leases from City Market which houses the Library and the
Avon/Beaver Creek Resort Association. In order to keep the lease
exempt from property taxes, the Town's Charter requires the
passage of this lease by Ordinance. The lease has been in place
approximately 12 months and the County informed the Town must pass
the Ordinance prior to authorizing exemption.
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Councilwoman McRory inquired if the parking lot maintenance and
snow removal is included in the lease payment. Mr. James
answered that parking lot and snow removal maintenance is included
as an annual operating expense. Mr. James added that the Town
made a single lease payment of $150,000 for 5 years which is
approximately $6.00 per square foot. Mr. James stated that City
Market has been informed the Town will not be responsible for any
parking lot maintenance due to the fact that City Market applied
asphalt over the cracked concrete base and the Town believes the
asphalt will crack just like the concrete. Snow removal and
electricity is included in the operating budget.
Mayor Pro-Tem Reynolds opened the meeting for public hearing.
There being no one wishing to be heard, the Mayor Pro-Tem closed
the public hearing.
Mayor Pro-Tem Reynolds called for a motion.
Councilwoman McRory moved adoption of Ordinance No. 91-6, Series
of 1991 on Second Reading. Councilman Hines seconded the motion.
Mayor Pro-Tem Reynolds entertained a roll call.
Those Councilmembers voting aye were Gloria McRory, Tom Hines,
Charlie Gersbach, Mike Bennett. There were no nay votes. The
motion carried unanimously.
Resolution No. 91-30, Series of 1991, A RESOLUTION AMENDING THE
1991 BUDGET/APPROPRIATING $300,000 FOR CONSTRUCTION GUARANTEE FOR
WILDWOOD TOWNHOMES.
Mr. Bill James stated that in order to continue construction the
Town needs to guarantee Chrysler another $300,000 for the
construction loan in order to make withdrawals from that loan. So
far the Town has guaranteed $700,000 including this Resolution.
Chrysler has also gone into the project $300,00, bringing it up to
$1{000,000. Mr. James went on to say that potential buyers are
still trying to get qualified. There are 7 qualified buyers and 5
that have been submitted for approval. Once 12 buyers are
qualified, Chrysler has indicated that the Town no longer needs
the construction guarantees. However, the Town is obligated under
the contract to bring Chrysler the total 17 qualified buyers. One
buyer has dropped out and another potential buyer is going through
the processing. We are accomplishing our goal of getting long
term locals and offering affordability with people who are
difficult to qualify. Mr. James added that Colorado First
Construction has agreed not to take 1/2 of their fees, which gives
the Town another $100,000 in terms of additional construction
money.
Councilwoman McRory moved approval of Resolution No. 91-30,
Series of 1991. Councilman Bennett seconded the motion and the
motion carried unanimously.
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Next was Unfinished Business.
Regarding the abandoned foundation on Lot 46/47, Block 1 Benchmark
at Beaver Creek Subdivision, Mr. Mark Donaldson, representing
Phoenix Discovery Group, presented a letter to Council (see
attached). Mr. Donaldson stated that they have not reached any
agreement to proceed with development and have made arrangements
for fill dirt to be brought into the site starting tomorrow
approximately 10:00am. The upper slab of the foundation will be
covered, the end walls of the foundation that are exposed will be
buried, as well as all along the front. The safety fence will be
reinstalled. Safety fence used shall be able to resist a lateral
load of 40 pounds per square foot to meet building codes.
Council thanked Mr. Donaldson for taking care of this matter.
Next under Unfinished Business was the Wildwood Townhomes' change
order. Mr. Rick Pylman stated this change order is actually
number four. Mr. Pylman stated that at last meeting he
instructed Council that the asphalt roof would be at no additional
charge. However, the original contract was for 2401b. asphalt
shingles with a 25 year warranty and does not meet the criteria
that the Planning and Zoning Commission has set. This change
order is for 3001b. asphalt shingles with a 30 year warranty to
meet the P & Z requirements at an additional cost of $10,247.00.
Mr. Pylman summarized change orders:
Number 1 was additional drywall, PVC drainage pipe, and a little
utility work that we understood we were going to have prior to
signing contract in the amount of $5,776.00 fiat (no T & M).
Change Order Number 1 is the only change order approved thus far.
Number 2 was change order for Time and Materials (T & M) of
earthwork. We are still reviewing this and has not been approved.
Number 3 was for cedar shake shingles at additional cost of
approximately $20,000, which was not approved.
Councilman Gersbach mentioned that we now have a situation where
the asphalt shingle has been recommended or at least encourage by
the fire department because of safety. And, we now have a
situation where rather than saving $20,000 we are saving $10,000.
Councilman Bennett added that asphalt shingles are the most
logical and practical with respect to safety and economics.
Councilman Bennett expressed his concerns and respect towards the
Covenants Committee and Goshawk owners, but feels asphalt shingles
are the way to go. Mayor Pro-Tem Reynolds agreed with Councilman
Bennett.
Mr. James stated that with approval of this $10,247.00 change
order, our contingency fund will be left with approximately
$20,000 from an initial $60,000.
Councilwoman McRory moved approval of Change Order Number 4. Mr.
James interjected that Change Order Number 4 may be reduced due to
the roof being less expensive. Mr. James added that what is
being approved is Change Order Number 4 up to $10,247.00 for
asphalt shingles. Councilman Gersbach seconded the motion and the
motion was unanimously carried.
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Next was Other Business.
Councilman Bennett requested further discussion on a moratorium
regarding the Wildridge Covenants Committee and roofing products.
Councilwoman McRory questioned how the moratorium would affect the
people waiting to build now. Mr. Pylman stated that it would not
affect any approvals already given and that building is winding
down due to weather constraints. The moratorium would allow the
Planning and Zoning Commission and the Wildridge Covenants
Committee to work together and set compatible guidelines over the
winter months in preparation of the spring building season.
Councilwoman McRory voiced concerns about people getting caught in
the moratorium and suggested dates of December 1, 1991 to April 1,
1992. Councilman Bennett responded that those people who will get
caught are the people who have not applied or submitted an
application yet. Mr. Pylman added that today is the deadline for
applications to be submitted for placement on the P & Z agenda and
there are no roof issues scheduled for the last P & Z meeting in
November.
Councilman Bennett made a motion to approve the language of a
Resolution at the next meeting that has the following and
basically it is in anticipation of the revision of the Wildridge
Covenants that we should effect a moratorium on approval of
asphalt roof materials for Design Review Applications submitted
after November 1, 1991 and for this moratorium to expire April 1,
1992.
Councilman Gersbach seconded the motion.
Councilman Bennett added that by Resolution the Council may change
its mind at anytime. Town Attorney John Dunn confirmed.
The motion was unanimously carried.
The Financial Matters were next presented to Council.
Councilwoman McRory moved to receive items #1 through #12 and
approve items #13, 14, and #15. The motion was seconded by
Councilman Hines and was unanimously carried.
Councilwoman McRory moved approval of the October 22, 1991 minutes
as presented. The motion was seconded by Councilman Gersbach and
was unanimously carried.
Mayor Pro-Tem. Reynolds questioned the 1992 Contributions List.
This was tabled until next meeting to further discuss items such
as Colorado Mountain College, Avon General Store, and the Mountain
Bike Path Map.
There being no further business to come before Council, Mayor
Pro-Tem Reynolds called for a motion to adjourn. Councilman
Bennett moved to adjourn. The motion was seconded by Councilman
Hines. The meeting was adjourned by Mayor Pro-Tem Reynolds at
8:42pm.
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RESPECTFULLY SUBMITTED:
Patty Neyh rt, own Clerk
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303/949-5200
FAX/949-5205
~.t .CIS ,1 "a
VICTOR MARK DONALDSON ARCHITECTS, P.C.
ARCHITECTURE • PLANNING • INTERIORS Box 5300 • Avon, Colorado 81620
November 12, 1991
AVON TOWN COUNCIL
Town of Avon
Avon, Colorado
Re: Abandonded Building
Lot 46/47, Block 1
Benchmark at Beaver Creek Subdivision
Avon, Colorado
Dear Avon Council Members:
Since last meeting with you, we have determined that we do
NOT have a viable development schedule that would meet your
needs for our approved development plan. We appreciate your
patience with our situation and know that we must now pursue the
alternative solution as outlined below.
In accordance with our previous discussions before you, we
are hereby commiting to resolve the above noted "abandonded
building" problem as follows:
1) Provide fill dirt to cover the upper concrete slab, the
endwalls of the building and the lower exposed building walls.
2) Rebuild the safety fence surrounding the upper portion
after the placement of fill dirt.
These items will be completed within thirty days from
today. We are working with Longs Excavating to perform this
work and are pursuing a variety of sources for fill dirt.
Again, we thank you for your patience in this matter and
look forward to resolving this problem with you tonight. Please
let us know if have any questions regarding our development.
R spe, fifAilly Submitted,
~y L ..,Mark Donaldson,
PHOkNIX DISCOVERY GROUP
General Partner
cc: Arlette Weber