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TC Minutes 10-22-19910 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD OCTOBER 22, 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 7:31p.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. Mr. Chuck Crist, representing the Vail Mountain Rescue, is requesting $2,000 from the Town of Avon. They have estimated costs totalling $135,000 minimum to run a rescue group in this area if a volunteer group were not available. The $2,000 requested from the Town of Avon would be used for training. Technically the group is directly under the County Sheriff and is not allowed to charge for rescues. However, they do charge certain expenses for hunters to be rescued and if a helicopter is needed. The people rescued sometimes make donations. Other funds come from the Town of Vail, and Jerry Ford Eagle County Community Fund. Some in-kind services come from the Sheriff. Mayor Davis thanked Mr. Crist for his input and stated that his request will be reviewed by Council during the budget process. Next was a Public Hearing on the 1992 Proposed Budget for the Town of Avon. Mayor Davis informed that the 1992 Proposed Budget has been advertised and that it is available in the Town Clerk's office for viewing. Mayor Davis then opened the meeting for public hearing. With no one wishing to be heard regarding the 1992 Proposed Budget for the Town of Avon, Mayor Davis closed the public hearing. There being no further Citizen In-put, the Mayor closed that portion of the Agenda. 0 Resolution No. 91-29, Series of 1991, A RESOLUTION PROCLAIMING OCTOBER 24TH AS BOB DAY. Councilman Gersbach read the Resolution in its entirety and inserted a new paragraph.#4, "Whereas, Bob will remain a resident of Avon and provide service to Avon for many decades; and". Mayor Davis called for a motion. Councilman Bennett moved adoption of Resolution No. 91-29, as presented. Councilman Reynolds seconded the motion. Mayor Davis asked for further discussion. Councilwoman McRory requested Councilman Gersbach to again read the new paragraph #4 that he inserted. Councilman Gersbach read the new paragraph #4. Councilwoman McRory stated, bridge over the Eagle River this was an unofficial name read "this new bridge over by the Avon Town Council as motion. that in paragraph #3 where "this new was named by the Avon council as Bob" and moved to amend paragraph #3 to the Eagle River was unofficially named Bob". Councilman Hines seconded the Mayor Davis asked for a show of hands in favor of the amendment with Councilmen Bennett, Reynolds, and Gersbach opposing. Mayor Davis broke the tie with a nay vote. The amendment did not pass. Mayor Davis entertained another show of hands in favor of Resolution No. 91-29, Series of 1991 as read. The Resolution passed with Councilwoman McRory and Councilman Hines opposing. Next was Unfinished Business. With regards to the discussion of abandoned foundation on Lot 46/47, Block 1, Benchmark at Beaver Creek Subdivision, Mr. Rick Pylman stated that the owner or representative is not in attendance. Mr. Pylman stated that the owners informed him that the previous mentioned sale of the property has not gone thru and it is not expected to close in the next several weeks. The owners mentioned they would present a plan tonight to cover the foundation, install fencing, and do a general cleanup on the property. Councilman Bennett moved to table this discussion until the third item under unfinished business, with hopes of the owner or representative attending later. Council agreed to discuss later in the meeting. Next under Unfinished Business was the Wildwood Townhomes' change orders. Mr. Rick Pylman led the discussion regarding the three change orders. Change Order #1 is for $5,776, representing two contract additions that we were aware of prior to signing the construction contract, but time constraints prevented amending the contract. Additional drywall of $2,253 is included in change order #1. -2- Change Order #3 represents $20,469 addition to construction contract for a roof materials change from asphalt shingles to 1/2" medium Class B Shakes. The original contract price included $26,204 for asphalt singles. Mr. Pylman stated that at one time we assumed we would go to a Woodruff product, with an increase cost of approximately $7,000 above the asphalt shingle cost, however the Woodruff product is no longer manufactured in the Class B fire retardant form. Our choices were to go back to an asphalt shingle or go to wood shake roof. Class B wood shake roof will cost $43,825 for a price increase of $17,621, plus application of bond and fee. Changer order #2 is an open ended request for time and materials related to a claim for changed conditions. Colorado First Construction has submitted a claim for approximately $43,460 for work required to strip and stockpile excess topsoil, to import, place, shape, and compact 3772 cubic yards of additional structural fill and for miscellaneous expenses incurred for these changed conditions. The Staff has not completed reviewing this claim and recommends this claim be referred to the Town Attorney. Mayor Davis ask Council if they had any questions regarding Changer Order #1. There being no questions, the Mayor called for a motion regarding Change Order #1. Councilman Bennett moved approval of Change Order #1. Councilman Hines seconded motion and the motion was unanimously carried. Mayor Davis stated that Change Order #3 is for an additional $20,469 and the purpose of the shake shingles is to meet the covenants in Wildridge. Mayor Davis ask Council for further discussion. Councilman Bennett asked Fire Chief Charlie Moore how long a wood shake roof will retain its Class B fire rating when it is installed according to the manufacturer. Chief Moore estimated 3 to 7 ears and added fire rating on an asphalt roof is good for the life of the roof, approximately 30 to 40 years. Mr. Pylman mentioned that the asphalt roof they were looking at had a 30 year manufacturers warranty and the wood shake roof has no manufacturers warranty. Chief Moore mentioned that W and also weather has a tendency to leach the chemical out of the wood shakes and approximately 3 to 7 years you need to retreat the wood. Chief Moore added that the wood Class B is a moderate fire safety and Class A is the best. Councilman Hazard questioned Council considering safety before the ruling of the Covenants Committee. Mayor Davis stated that in higher density units there is more concern for safety. Councilman Bennett added that if after discussion he were to vote for asphalt shingles it would be primarily for safety. Councilwoman McRory stated she is concerned with the safety of the shake roof and is also concerned with the cost. -3- • 0 Councilman Gersbach asked if asphalt shingles were presently allowed in other areas of the Town of Avon. Mr. Pylman answered that they were allowed in other areas of the Town of Avon, including Eaglebend where homes range in the $120,000-$300,00. Mr. Pylman added that the Town of Vail allows asphalt shingles and requests a heavy weight shingle of minimum 300 lb. per square (the same product that we were originally proposing for the Wildwood Townhomes). Mr. Pylman added that Eagle-Vail Design Review Board now allows asphalt shingles due to responses from their citizens. Councilman Gersbach added that in light of the answers just received and in light of the safety issues, plus the cost factor he looks upon this change order in a negative sense. Councilman Hines questioned who picks up the cost of maintenance of the wood shakes with regards to reapplying the fire retardant chemical every 3 to 7 years. Mr. Pylman informed it would be the homeowners. Mr. Pylman mentioned that the original contract is $26,204 for 300 lb. per square asphalt shingles. Mayor Davis asked if anyone would like to approve Change order #3. There being no response, Mr. Pylman was directed to proceed under original contract with regards to roofing. Change Order #2, Mayor Davis stated that this was not a change but that Staff was requesting additional time to review. Councilman Hazard suggested we table for one day the decision on Change order #3 and to meet with the Covenants Committee and explain the reasons for this. Mayor Davis mentioned that the Covenants Committee has just recently been activated. Mayor Davis added that the Council would be pleased to meet with the Covenants Committee and suggested to meet at next Council meeting which is November 12, 1991, 4:30pm. Mayor Davis suggested that this meeting include the citizens of Wildridge and that letters will be sent to notify the property owners in Wildridge. Next under Unfinished Business was the Landscaping Plan for Avon Road. Mr. Norm Wood updated Council on the conceptual plans from Edaw. These plans were sent to the Highway Department for their input. The Highway Department requested that the trees, between the sidewalk and curb, be moved behind the sidewalk for safety reasons. Next was Mayor Report. Mayor Davis reminded Council, in response to a letter from the Avon/Beaver Creek Resort Association (attached) stating they accept our proposal, that no decision has been reached as they were discussing this matter in a worksession where no decisions can be determined. -4- 0 • Next was Other Business. Town Attorney, John Dunn proposed an Ordinance 91- , An Ordinance Concluding a Leasehold Agreement Pursuant to Section 14.9 (a) of the Charter of The Town of Avon, regarding two reasons: firstly the Town Charter requires that any long term lease be concluded by Ordinance and secondly upon submission of sufficient evidence to the County Assessor we may get the area that is being used by the Town pursuant to the lease exempted from the property tax. One requirement that the Assessor is making, related to the statue, is that the lease be approved by Ordinance. Mr. Dunn ask Council to adopt this Ordinance on first reading, with public hearing next regular meeting. Councilman Bennett moved to adopt Ordinance 91- , an Ordinance Concluding a Leasehold Agreement Pursuant to Section 14.9 (a) of The Charter of The Town of Avon on first reading. Councilman Hines seconded the motion. Mayor Davis entertained a roll call. Those Councilmembers voting aye were Charlie Gersbach, John Hazard, Tom Hines, Albert Reynolds, Mike Bennett, and Gloria McRory. There were no nay votes. The motion was unanimously carried. Next was Continuation of Unfinished Business with regards to the abandoned foundation on Lot 46/47, Block 1 Benchmark at Beaver Creek Subdivision. Mr. Pylman announced that the property owner or representative is not in attendance. Mr. Pylman suggested tabling till next Council meeting so that they may appear before Council and submit their ideas accurately. Councilman Bennett moved to table to next meeting. Councilman Reynolds was told by the property owner that their intentions were to cover it up and that they would be in attendance at this meeting. Councilman Bennett amended his motion that the property owner will submit a litigation plan to review at next meeting. Councilman Reynolds seconded motion and the motion was unanimously carried. The Financial Matters were next presented to Council. Councilwoman McRory moved to receive items #1 through #5 and approve items #6 and V. The motion was seconded by Councilman Reynolds and was unanimously carried. Councilwoman McRory moved approval of the October 8, 1991 and October 15, 1991 minutes as presented. The motion was seconded by Councilman Reynolds. Councilman Bennett moved to amend the minutes of October 8, 1991, page 5, bottom of the page, the motion to adopt Resolution 91-27. The motion was to delete note #2, which was to eliminate the second access by adoption of the Resolution. The Resolution called for abandonment of the entrance and Councilman Bennett intended to delete that abandonment from the Resolution. Mr. Norm Wood injected that it was note #3 that Councilman Bennett wanted deleted from the Resolution, which was the number that referred to the access. The motion with amendment was unanimously carried. -5- i i Mayor Davis called for a motion to adjourn to executive session. Councilman Reynolds moved to enter into executive session. Councilman Bennett seconded motion and the meeting adjourned to executive session at 8:25p.m. RESPECTFULLY SUBMITTED: Patty Neyh Clerk -6- 0 ,B~VER • Q r ri x RESORT ASSOCIATION Tye, 5-~1 k'FST VAtI.Va Arrowhead Mmturn Eagle-Vats Edwards MEMO: Bill James - Avon Town Manager RE: ABCRA funding from the Town of Avon SIR: At the October 22, 1991 Board of Directors meeting of the ABCRA, the board agreed to accept the proposal for funding from the Town _ of Avon. -$103,000 for funding b special events 40,000 for Visitor's Center and Chamber office Performance will be based on: -Clearer accounting -Direction from Staff and Council -More and clearer information to Council -Avon as Presenter on all PR material -Review of Chamber functions and goals -Operation of Visitor's Center Thank you for your consideration and co-operation during this budget session. It is much appreciated. Kindest regards, Donald Orrell Events Director ABCRA Post Office Box 1437 Avort, Colorado 81620 303.949.5189 FAX 303.949.9139