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TC Minutes 10-08-19910 n 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. i E 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. -2- • 01 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. -3- • 0 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. -4- n U 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. -5- • • 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. -6- 0 i 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 • 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: E P.2/3 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 0 0 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. 0 • 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