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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. • • 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. -2- 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. -3- 0 0 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. -4- 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. -5- 0 0 RESPECTFULLY SUBMITTED: Patty Neyh rt, own Clerk -6- 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