TC Minutes 07-27-19930
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD JULY 27, 1993 - 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 Albert J. Reynolds at
7:30PM. Aroll call was taken with Councilors Jack Fawcett, John
Hazard, Tom Hines, Celeste C. Nottingham, Jim Roof, and Judy
Yoder present. Also present were Town Manager Bill James, Town
Attorney John Dunn, Engineer Norm Wood, Police Chief Art Dalton,
Fire Chief Charlie Moore, Town Clerk Patty Neyhart, as well as
members of the press and public.
First item under Citizen Input was an Appeal of Planning & Zoning
Commission Decision of 7/6/93 / Automotive Center on Nottingham
Road.
Mr. Chris Williams presented his appeal of the Planning & Zoning
commission approval of the Goodyear Automotive Center. Mr.
Williams pointed out his concerns that he felt were overlooked.
Those three items being the environmental issue of chemicals used
for this industry, traffic on Nottingham Road, and the concerns of
the nearby residents. Mr. Williams realized the property has
been zoned for commercial use. And, expressed concernsof the
size of'this project with costs to run and compared this to the
Peregrine. Mr. Williams wished Council to consider these issues
and put this project back on the drawing board to reevaluate the
issues.
Councilor Fawcett questioned Mr. Williams' specific interest and
if he had a competing business. Mr. Williams informed he has an
automotive station in Eagle-Vail and resides in Eagle-Vail.
Councilor Nottingham-commented she felt badly that Mr. Williams
felt he did not get to say or comment on the subject at the
appropriate time during the Planning and Zoning Commission
meeting, before the vote'. This being an unfortunate situation and
because of that, Councilor.Nottingham motioned to refund the
$50.00 that Mr. Williams-paid for the appeal this evening.
Councilor Hazard requested Mr. John Perkins to respond to the
letter received from Mr. Williams.
Mr. Perkins-apologized for not recognizing Mr. Williams during
the Planning.& Zoning Commission meeting. Mr. Perkins stated Mr.
Williams did not get Mr. Perkins attention, Mr. Perkins called
the vote and after the vote Mr. Williams presented himself and
was allowed to comment then. This particular applicant was
working with the P & Z Commission over a period of 4-5 weeks;
hearing them 3 times. Mr. Perkins added there was a public
hearing onthis issue and Mr. Williams was not present. However,
with Mr. Williams not living in the vicinity he was probably not
notified. -At that hearing comments were heard from the management
of the.residential-complex immediately to the northwest. Planning
& Zoning Commission approved the building and stand by that
approval.
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Councilor Roof questioned the appeal. Councilor Roof felt that
the appeal this evening is not for the P & Z decision of July 6,
1993, but for the Special Review Use approval. Councilor Roof
questioned Mr. Williams and Mr. Williams responded yes.
Councilor Roof questioned when was the Special Review Use
approved.
Mr. Rick Pylman informed Lot 4, Block 1, Benchmark is the 4th lot
up on Nottingham; Coastal Mart being the 1st lot. This lot is
zoned commercial with allowed uses and special review uses. A
gasoline and auto repair station are special review uses. Prior
to 1991, gas and auto repair stations were allowed uses under the
zoning code. Those allowed uses were changed to special review
uses in 1991 merely for the fire department to review gasoline
stations and for P & Z to take a look at traffic concerns. The
applicant came in and received special review use April 20, 1993.
The appeal period for the special review use was over May 20; a
thirty day appeal period. So the land use is set; they can have
an automobile service station on that property. The decision that
P & Z made two weeks ago was a design decision; building, parking,
landscaping,.etc. This appeal is for a design decision; not a
land use decision. Council will be upholding or overturning P & Z
approval of the way the building looks. It sounds like Mr.
Williams' concerns are more land use related and appears he is a
little late in the process.
Councilor Fawcett questioned if all proper notices were placed in
the appropriate locations notifying the public of the meetings
relating to the special use. Mr. Pylman responded notifications
were as per the Town's requirements.
Councilor Fawcett questioned if any other automotive businesses
appeared during the process. Mr. Pylman stated the only public
input came from the managers and residents from the Balas West
Condominiums and a letter from the River Rock Townhouses. And, P
& Z did try to work with these concerns such as incorporating
rubber overhead door rollers instead of metal so the doors won't
rattle so much when they close.
Councilor Hines apologized to Mr. Williams if he felt slighted in
the process. Mr. Williams requested to put this back on the
drawing board to reconsider.
Councilor Fawcett noted problem is procedural. Council does not
have the authority to overturn anything with this appeal. In
other words, the special review use was granted April 20, 1993 and
the appeal period for the special use expired in May. With
respect to this appeal it would appear that Mr. Williams really
did not get a hearing and didn't get a chance to voice his opinion
until after the fact. Because of that, Councilor Fawcett seconded
the motion that Councilor Nottingham made; that Mr. Williams get
a refund of $50.00 of the application fee.
Mayor Reynolds, with a motion and a second, called the vote.
Motion carried unanimously.
Mr. Williams informed he was not told about use rights of the
land in all his back ground checking during the last 2 weeks after
the July 6th meeting. Councilor Fawcett commented the July 6th
meeting did not pertain to the land use rights and that Mr.
Williams was more interested in the April meeting.
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Mayor Reynolds-confirmed with Mr. Williams that he did not want
to appeal the July 6th decision-and with that confirmation, Mayor
Reynolds scratched the appeal off the agenda.
Next item under Citizen Input was a Leave of Absence from Wildwood
Townhomes.
Ms. Colleen Corcoran stated she has forwarded ,a letter to Council
(included in packet) and to the homeowners and is present to
answer any questions.
Council Nottingham questioned if this is within Ms. Corcoran's
rights.
Town Attorney John Dunn reviewed the application and affidavit and
reviewed the relevant documents governing that procedure and
conclude that on its face the affidavit met the requirements of
the procedures established. Attorney Dunn recommends its
approval.
A homeowner questioned who is responsible to follow up on this
matter: Councilor Hines stated we go on the guarantee of the
affidavit that Ms. Corcoran will return in nine months to a year.
Councilor Hines motioned to approve her absence for up to one year
period. The motion was seconded by Councilor Fawcett and carried
unanimously.
Next item under Citizen Input was the Wildwood Townhomes Update.
Mr. Pete Pieters, resident of C-5s thanked the Board for the
opportunity to make this presentation and thanked the Council for,
the opportunity to become first homeowners. In the summer of 1991
the potential homeowners made an agreement with the Town of Avon;
in return for an investment, the homeowners were promised new and
well constructed homes. Since moving into the homes in the Spring
of 1992; the homeowners became aware of structural problems caused
either by construction or design. Staying within the appropriate
channels of communication, the homeowners provided the Town with
punch lists to get these problems taken care of before further
damage could occur. Mr., Pieters feels the homeowners have held
up their part of the agreement. To the dissatisfaction of the
homeowners, these problems have not been taken care of. The
homeowners hold the Council responsible for providing'solutions to
these problems and not to band-aid the problems. An outsider has
already been appointed, more than 90 days ago, to investigate who
is responsible for the.problems. To my knowledge, this person's
input was of no help. We demand the following, as homeowners:
No. 1 All structural problems and related problems must be
fixed-by October 1, 1993
No. 2 Due to the incompetence of the original construction
Company and some other people involved in this
project, we want to provide you with the following
proposal; -
a.) Appoint an elected body which will .include
representation from the town of Avon, the
Homeowners Assn. and an objective third party
-appointed and agreed upon-by you and.us to
oversee that.'all problems are fixed by 10/1/93
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b.) We would provide you bids from three separate
contractors which will be overseen by the
:body just mentioned to finish the work, not
done by the original-construction company.
Or, you can provide us with the money needed
to'complete the project and we will oversee
all repair work.
c.) We also want you to provide us with someone to
communicate with. It seems.like there is
nobody to talk to and nobody to respond to
any of-our requests.
We are all tired and frustrated with finger pointing and lack of
responsibility between you and your staff, the architect, and the
construction company. -Someone needs to step up to the plate and
take responsibility.., We held"up our end of the contract and hold
you as elected_board,responsible for your end by-.October 1, 1993.
We do not want to, and are assured that neither do you, get in a
legal issue about this. If you can not provide us with a
solution-, that-would be our only way out. I ask you to act now,
we have been waiting for eighteen-months for the complete product
we were promised and have yet to be seen. Thank you.
Councilor Hines clarified demands with further comments from Mr.
Pieters.
Councilor Hazard stated that we as the Town fully acknowledge that
we are responsible for fixing this problem. And, this should be
fixed obviously before the winter.
Councilor Fawcett"questioned move in date. Mr. Pieters stated
most people moved in February, 1992, as job was completed.
Councilor Yoder questioned happenings to date from the worksession
last week held over at the Townhomes. Mr. Pieters commented that
was a separate issue, he was not at that meeting. But, from what
he understood, the homeowners proposed to present this case to the
Town, the Town can decide what they are going to do about it.
Somebody else contacted Colorado First to come .in and work in and
get problems fixed and band-aid problem. Ms. Robin Pieters and
Mr. Morgan Murri met Monday morning with Mr. James to postpone
any work until the homeowners could discuss problems-with council.
Too many finger pointings and homeowners wanted to come before
Council with problems.
Discussion followed, with too many people speaking at once,
regarding a letter dated July 21, from Mr. Norm Wood. Date of
receipt of this letter, or mailing time, was questioned and
discussed. This letter detailed items that Colorado First
proposed to fix.
Mayor Reynolds informed the homeowners objected to Colorado-First
painting prior to meeting with Council. Mayor Reynolds suggested
to the homeowners that if they did not want Colorado First there,,
the homeowners should have Mr. James do a stop work order, which
they did.
Mr. Norm Wood gave summary to date. Mr. Wood informed he
entered this project the first of June, 1993. At that time there
was still a lot of.discrepancy about who was responsible for what.
In reviewing the files, the December 28th punch list has'392 items
on it and in June, 1993 that punch list had been reduced to 45
items that were basically tied to leakage problems or water
damage, primarily windows and balconies and heaving at the front
walks.
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A consultant was hired to evaluate the source of the problem and
what should be done to-correct it and who would be responsible for
it. Out of of the 45 items, the warranty items were; the exterior
paint, some landscape work, and a furnace problem. There was also
a freezing water pipe problem. That was the punch list at the
time. From the meetings with the consultant, architect, and
contractor, the contractor committed to do the exterior painting
under warranty provisions. The sub for the landscaping committed
to'come in and do the landscape work and that is believed to be
completed. The painting work was to begin last Monday but was
stopped per the homeowners. While the painters were there trim
was to be pulled off the windows to inspect so as to identify the
leakage problem. Mr. Wilkins, the consultant was there and
inspected the balconies.
Councilor Hines requested Mr. Wood to detail the painting. Mr.
Wood stated the contractor would do repainting in accordance with
the manufacturer's recommendation.
Councilor Hazard requested a representative from Sherman Williams
inspect the paint, if it was in fact Sherman Williams paint that
was used.
Councilor Fawcett questioned number of coats of paint. Mr. Mark
Donaldson stated Sherman Williams recommends different number of
coats with different products. Mr. E.J. Olbright believed two
coats were applied. Mr. Olbright added that he informed the Town
Staff he will rectify the paint problem to the manufacturer's
specifications. Our plan was to go to the site, with the
manufacturer's representative, have him tell us specifically what
to do, invite the Town representative and the architect, and
accomplish that. Councilor Fawcett stated this is different than
the memo stating he had agreed to go and paint the places where it
had peeled, not guarantee the color match, etc. Mr. Olbright
stated another meeting was held with Town Staff since that memo
and the painting solution changed at that meeting. Mr. Olbright
confirmed it is Sherman Williams paint and a representative of
that company will inspect. Councilor Fawcett asked if the Sherman
Williams representative indicates another coat of paint is
required plus redoing-the obvious areas where the paint is,peeled
is that what you will do. Mr. Olbright stated that is correct,
Sherman Williams will be participating in the cost of the work.
Councilor Hines stated until we have some sort of response from
this issue we really can't attack this problem. Mr. Olbright
added the plan was to have the representative here Monday
(yesterday).
Councilor Hazard questioned the punch list. Mr. Olbright stated
we have had numerous punch lists that have been signed off
numerous times by the Town Staff. We have issues outstanding, we
have again met with the Town Staff to come up with solutions to
those problems. We were commencing on the solutions that we have
identified either to complete or to do more inspection to figure
out what should be the proper, course of action, i.e. pulling trim
off to look at the windows to decide what is the best course of
action.. Again,-that was to commence Monday and was put on hold.
Councilor Hazard questioned if.Mr. 'Olbright had seen the latest
punch list to which Mr-. Olbright stated he has. Councilor Hazard
asked it Mr. Olbright is willing to investigate and correct those
things. Mr. Olbright-.stated we have had our contractual things
that we needed to take care of signed off. What I feel we are
responsible for are the things that were not signed off or that
were warranty issues, the leaks and etc. are warranty issues.
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New punch lists, no, we are not willing to at this point in time,
unless we get with Staff and deem it is in our best interest for
all of us to take care of those problems. Councilor Hazard
questioned the inspection and signing off of these punch list
items. Mr. Olbright stated the Town and the individual owners
inspected and signed off.
Councilor Hines stated the paint issue is pretty clear, cut and
dry at this point. And, if the homeowners' association agrees,
let's pull the stop work order on that issue; to go ahead and
allow them to inspect. Until we have that information we can't
solve the problem.
Mr. Morgan Murri, president of the Wildwood Homeowners Townhome
Association South and resident of A-1, stated 90%.of the problem
we are having is communications. Mr. Murri, exampled the lack of
communication by stating this evening they are being told they
stopped the inspection, when in fact they stopped the painting of
the trim as this was unsatisfactory. Mr. Murri stated there are
so many people and so many steps involved that to get through this
is impossible.
Councilor Hines asked if Mr. Murri is amenable to allow the paint
inspector. Mr. Murri stated absolutely OK to inspect, but no
work is to be done. Mr. Murri added if they want to paint the
place OK, but not just the trim. Councilor Hines stated let's
proceed with the inspection and when we get the information back
we can proceed from there.
Councilor Nottingham wanted to make sure we are addressing the
paint for whole building and not just the trim. Mr. Olbright
stated he will repaint the areas of the paint that has failed.
Councilor Fawcett questioned Mr. Olbright on an earlier statement
he made; if the Sherman Williams representative stated to repaint
the whole building that Mr. Olbright would paint the whole
building. Mr. Olbright suggested to wait for the Sherman
Williams representative. Councilor Hines stated that if the paint
is failing, the whole building needs to be repainted. Mr.
Olbright agreed if Sherman Williams tells us that the entire
building needs to be repainted, we will repaint it. If they tell
us these pieces of trim or this area needs to be taken care of, we
will do that.
Councilor Hazard questioned the latest punch list and Mr.
Olbright will not comply with this new one as he has already
complied with all the requirements and punch lists and this had
been approved by the Town; is this correct. Mr. Olbright stated
this is correct. Councilor Hazard commented then you are off the
hook. Mr. Olbright responded unless those items are related to
the other items and-some of the items on the list are. I have not
in detail gone to the units and looked at what is on the new list.
I do know that our obligation was to complete the work and get
approval from the owner, the Town that we were working for, and
that was accomplished with the exception of specific items.
Councilor Hazard stated you were cleared by the Town, the Town had
accepted the punch list as you had inspected it and that you had
corrected it. However, there are some other things that you are
willing to correct if it is determined that it is your
responsibility. Mr. Olbright stated this is correct.
Councilor Fawcett questioned the paint; what if Sherman Williams
tells us that only one coat was put on. Mr. Olbright stated then
he will put another coat on the building at Colorado First's
expense.
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Councilor Hazard questioned punch list and responsibility. Mr.
Olbright stated they are in the process of determining
responsibility currently.
Mr. Mark Donaldson informed that prior to painting the building
there are loose boards and trim that need to be refastened. And,
specifications require that all caulking be done prior to the
final coat of painting. Caulking has been an issued in a lot of
the problems we have been exploring-. Sherman Williams warrants
their paint products, they do not warrant the installation.
Mr. John Rummings, resident of B-1, questioned how long before I
get this problem fixed, do I have,to go through another winter.
Mr. Olbright proposed to work under a schedule that is to be
submitted to the Town and acceptable to the homeowners.
Mayor Reynolds questioned the loose boards and would they be
tightened prior, to painting. Mr. Olbright confirmed the boards
will be tightened. Where we have window leaks we will pull the
trim off to see exactly what is going on and install the
appropriate flashing and"take care of the window leaks at the same
time.
Councilor Hines confirmed we will address the loose board issue
and do whatever caulking is necessary before painting. Councilor
Hines questioned windows; if it is determined all windows have
this leaking problem will all windows be corrected. Mr. Olbright
stated yes. Councilor Nottingham commented randomly checking
windows is not good enough and all windows should be totally
sealed and secured. Mr. Wood explained that the windows were not
to be repaired randomly, only to check randomly to determine the
problem. Councilor Nottingham asked after the-windows are
inspected randomly and a common problem determined, than all
windows will receive appropriate applications. Mr. Wood answered
yes.
Councilor Hazard questioned Colorado First on what problems they
are not willing to or feel they are not responsible to correct.
How is this going to be fixed. Mayor Reynolds commented-meetings
are being held to negotiate the responsibility of.these problems.
Mr. Murri stated we are here stating our problems and want the
Council to tell us the deadlines of when the work will be done
satisfactorily. Mr. Murri mentioned communication and requested
a liaison. Mayor Reynolds stated the contact person is Norm Wood
and Mr. James confirmed that the designated Staff person is Norm
Wood.
Councilor Hazard questioned why has it taken so long. Mr. James
stated everyone needs to share in the responsibility.
Mr. Mike Gallagher, resident of Wildwood, mentioned that due to
leakage of windows he has incurred interior damage. Councilor
Hines questioned interior damage related to leakage of windows and
who would be responsible. Mr. Olbright stated his position would
be if going back to the list of items that weren't completed or
warranty items that are not designed related if there is a problem
if we didn't caulk a window correctly it leaked onto the
wallboard, that would be our responsibility to take care of that.
Councilor Hines commented there needs to be some determination as
to what is design related and what is not. Mr. Olbright stated
that is what we have been working through, making I felt, through
the last meetings we've had we've made great progress and we were
on a roll to get up there and get it taken care of.
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Councilor Hazard requested to hear from the Consultant. Mr. Dan
Wilkins informed he first looked at the site on April 27th. On
April 27th he visited the site with representatives of the Town,
the architect, the general contractor and civil engineer. We
inspected the interior'of two units and generally toured the
exterior of all of the units. As agreed that day, I issued a
report within ten days' of that visit. In the report three areas
of concern were identified. The three areas were window leakage,
balcony leakage, and concrete heaving and cracking problems. In
the report, Mr. Wilkins included his preliminary thoughts about
the responsibilities relative to the.architect and contractor.
And, some general recommendations for repair. I expected dialogue
to follow from the architect and contractor. Since then I have
come up here twice to.meet.with the Town, architect, and
contractor. And, one more time, making a total of four visits
now, the most recent was yesterday for the purpose of the balcony
inspection and, we thought the window inspection, that did not
take place for reasons already discussed.' In the report, dated
May 7th, I indicated, with respect to the window leakage first of
all the problem has to be partly if not entirely related to the
gross absence of caulking. The specifications and drawings do
clearly call out caulking between the aluminum window frames and
the wood trim and between that wood trim and the lap siding. But,
there is no caulking anywhere on the buildings that I have been
able to find. And, that is a problem for a number of reasons,
some of which may not be all that obvious. For one reason, these
units are,designed so that some of the upper windows are narrower
than some of the lower ones; the lower windows are wider. The
windows have Z flashing that laps from behind the siding over the
trim. There is nothing between the trim and the window itself
that amounts to any type of moisture barrier. Not all of the Z
flashing is properly installed, some of the window trim is 2X
lumber instead of 1X lumber and in some instances that Z flashing
is not as wide as the trim is so doesn't extend all the way
outdoors. Another problem is the way this type of siding is
installed you put the trim up first, then you cut the lap siding
to fit and butt it tightly against the trim. That is how you
should do it. The specifications do call for caulking between
dissimilar materials and the architect has indicated his intention
is that the pre manufactured siding is a dissimilar material
relative to ordinary lumber. When that type of siding is
installed properly, the caulking is good, but shouldn't be all
that crucial. on some of these buildings, it is crucial because
lap siding wasn't cut very well. There are places where it is
1/2" or more away from the trim. You can see the sheathing or the
building paper beyond. There are places where you have spaces,
for instance, between a sliding glass door and a wall that might
be 11" wide and filling that space approximately is a 1 X 10.
There are boards that have knot holes through which you can see
sheathing behind. What I am getting at here, is caulking alone is
not going to solve all of those problems. Caulking is intended to
supplement tight joints properly constructed, not open spaces that
you can see through so readily. I said and still maintain that
though there can be no assurance that installing the caulking that
was required by the contract documents that that will stop all the
window leakage; it is a good place to start and was at least in
April. I stand on that recommendation. The building ought to be
brought up to what the design called for. Only then can a claim
be rightly made against the designer if appropriate. If the
design has been accomplished and you still have problems, maybe
there is a problem with the design. But, if you haven't tried it
yet, you really can't bring much of a claim against the design.
But, nothing has happened with respect to the caulking since I
made that recommendation.
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The balconies are a more difficult problem to resolve. The
balconies leak chiefly because their waterproofing is entirely
outdoors and.no extension of it benefits the hole through the
wall, namely the door. The design called for at least a 2" step
down. And, I should indicate there is some disagreement on this
issue. But, it is my opinion that the design can only be
interpreted to require a 2" step down from inside to out. The
architect disagrees with me. In any event, there is no step down
on buildings A & B,~the exterior, floor is flush with the interior
floor. Building C has about 3/4" to 1" step down. The drawings
show a 2" step down. Nobody to my knowledge disagrees that at
least a 2" step is required and nobody disagrees that a 2" step
was not provided.
Councilor Roof questioned disagreement between the consultant and
the architect regarding the step down. Mr. Mark Donaldson stated
none of us disagree that a minimum 2" step down is required by the
document and none of us disagree that that was not done. Mr.
Donaldson added both the consultant and architect agree that there
should have been at least a 2" step down.
Mr. Wilkins stated in any event the step down was not built the
way it was designed. I say that because as stated in the report,
I do not think a 2" step down would have been sufficient, it
should have been more. All balconies need to be fixed, none were
built correctly. Buildings A & B have no step down, they're just
flush. These decks slope 1/4" per foot as designed but that is
not going to stop water from going under the door threshold very
well. Building C does have a small step down, but it has no water
proofing against that step down. If you go to any deck on
Building A, and I've gone to all of them, and if you lie down on
the outdoor carpeting and look under the door threshold, and I've
done it on all of them, you'll see the interior plywood sheathing;
bare plywood, no water proofing. Mr. Wilkins recommended to
either abandon the idea of having a sliding glass door; that is,
take the doors out, put in a knee wall and a window instead of a
door. Or, if you must have a door, then it must have a step-up
before you go out, have a smaller door with a step up.
Alternatively, you could enclose the balconies. But you can not
have an exterior balcony open to the weather and not have a
vertical flashing attended to it.
Councilor Hines requested clarification regarding step up. Mr.
Wilkins stated the architect has told us that because of framing
you can't raise the header above the door; you can't take the same
door and just lift it up. In other words, instead of having a
knee wall and window, you would have a door but not as tall as the
one now, so that you would have a place to water proof under the
door.
Councilor Roof questioned Mr. Wilkins identifying cause and
responsibility. Mr. Wilkins stated he has identified the causes
of the problems. I have indicated where the responsibility lies
to the best of my ability. To a certain extent that requires a
legal opinion for which."I am not qualified. But, I have met with
the Town and have told them exactly as I have told Mark
(Donaldson) and E z. (Olbright), not pulling any punches, exactly
what I think both of them.did wrong. I can not put in writing
what the architect should fix and what the contractor should fix.
Councilor Hines questioned alternate solutions for the balconies.
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Mr. Wilkins stated there is a general solution; that is to have a
vertical flashing at the opening. You can't just have a
horizontal extension of the waterproofing; then you'll have a
horizontal extension of the water above the waterproofing. You
have to lift the door up. Basically, you lift the door up by
raising the whole door, and we are told that is not feasible. You
can lift the door up by shortening it, in other words, you lift
it's bottom holding it's head in the same place, not literally,
but effectively when it is done. Another thing is get rid of the
door and put in a window, a different version of the same thing.
Finally, remove the balcony and lower it. Any of these things
would create a vertical flashing that could be made water tight.
And, other alternatives are abandon the balcony altogether or
cover the balcony; put a roof over it.
Councilor Fawcett questioned responsibility. Right now, Mr.
Wilkins indicated that the design by the architect called for 2"
step down and indicated this was not provided." Mr. Wilkins
responded yes. Councilor Fawcett summarized we do not know
whether 2" would have been enough, but we do know it wasn't
provided so presumably the contractor owes at least that 2" step
down or some type of alternative to that. Mr. Wilkins responded
no question. Mr. Wilkins added that he did not know the 2"
weren't provided anywhere until yesterday. On April 20th, Mr.
Wilkins looked at two balconies and assumed that what he saw was
typical; and it was confirmed yesterday. Councilor Fawcett felt
the contractor is responsible for not.providing that 2" step down.
Mr. Wilkins responded absolutely; from every document I have seen
what you just said is precisely correct. The contractor has
indicated on a couple of occasions that there might be another
document that I have not seen. That amounts to a field change,
whereby, the architect says you can do it the way it ended up. I
have never seen the document, but I am aware of that comment.
Councilor Roof questioned contractor of the field change regarding
the 2" step down. Mr.. Olbright believed there is a document and
they need to go through their records to bring this to the table.
Mr.' Olbright noted that 211, 111, 3/4" 2 1/211, isn't going to solve
the problem. The problem is to create a flashing to keep the
water from moving into the unit and that is what we are faced
with. Councilor Roof clarified; the inches are not important
regardless what the architect called for. Mr. Olbright confirmed
and added also according to Dan (Mr. Wilkins). Councilor Roof
commented that Mr. Olbright's company chose to build the
balconies flush., Mr. Olbright stated this to be correct and
understood that was approved. Mr. Olbright added he would need
to produce that document to back this approval up. Councilor Roof
questioned if this was standard construction procedure to have the
door and deck with no step down. Mr. Olbright stated this is
standard. Councilor Roof directed the same question to Mr.
Wilkins. Mr. Wilkins stated unfortunately you see it often, they
almost always leak. Mr. Olbright stated the problem is you have
a tremendous amount of.moisture, snow, water, ice dumping off the
building into-that little tiny corridor which is the entries and
the decks and that's what is causing the problem. Mr. Olbright
stated he had pictures and added that no matter what caulking and
no matter what we do with some of these solutions; and, that is
why I am here saying we'll stand up for our problems. But, you
have some other problems up there that are going to create, no
matter what I ,do or any other contractor would have done, you got
some problems. Too many people speaking at one time thus unable
to transcribe conversation between Councilor Roof and Mr.
Olbright.
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•
Mr. Olbright stated you have a tremendous amount of water coming
into that area that doesn't get sun and it all causes the same
problems; problems with the windows, decks, with the slabs and
heaving, etc.
Councilor Fawcett reiterated regarding the 2" step down, if that
is what is called for in the design and the contractor didn't
deliver it, whether'or not it would have worked is beside the
point. The point is, it is not there. And, if there is a field
order to change that then obviously Mr. Olbright is correct.
And, if there isn't then obviously Mr. Olbright will have to
purpose some solution to provide a 2." step down, even though, that
might in•the end do 'nothing. And, if it really does nothing, then
maybe the homeowners and architect should sax look, if I provide a
2" step down on; everyone of these balconies it is going to cost
me, Colorado First, $ . Consequently, I think you are
throwing your money away by having me do it so here is $
contributed to the pot; do with it as you wish. This is what
should happen if you don't have a field change order. Mr.
Olbright commented that is one solution. Councilor Roof added if
after that solution is.taken care of and you have added the 2"
step down and it is determined the leaking is still present. Mr.
Olbright interjected, -ifit was my money and if I was a homeowner
I wouldn't go for a 2" step because it is not going to solve the
problem. Councilor Roof stated the design says the 2" step down
should solve the problem. Mr. Olbright stated yes, and logically
let's walk through this. The point that Councilor Fawcett made is
that you want to spend your money the best way possible to an
ultimate solution. Councilor Hines stated but to go through the
chain of command, we first need to supply with what the contract
specified. And, then if the problem crops up again, it is another
issue. Can we incorporate the 2" step down. Mr. Olbright stated
he needs to go back through his records to determine if he was
authorized to make that change. Councilor Nottingham asked how
soon could Mr. Olbright supply that field change order. Mr.
Olbright stated it would probably take-through the end of the
week, get something back over here on Friday. Councilor Roof
questioned who issued that field order. Mr. Olbright stated the
architect. Councilor Roof questioned who could authorize that.
Mr. Olbright stated the owner, the Town. Councilor Roof
questioned if we did that.
Councilor Hines interjected a question directed at Mark
(Donaldson); throughout the construction process, did you not
notice that there were no 2" step downs. Mr. Donaldson stated he
had very limited review during the course of.construction. He
reviewed the framing in progress and he noted hundreds of items
during construction and he did not notice that particular problem.
Mr. Donaldson did note the leaking balconies at the beginning of
the punch lists; that the design was not correct and they did not
slope to drain. Mr. Donaldson added that a great deal of thought
was put into the design. The Town reviewed it and it was value
engineered by the contractor. At that point in time there were
dozens of items-considered for value engineering. In the contract
that you have with the contractors the first sentence of one of
the revised drawings pricing clarifications says we have bid the
plans and specifications as provided to us by Victor Mark
Donaldson as further clarified below. There are three pages of
items that they have clarified but there is not one item about
balconies, flashing, windows, caulking, or drainage. The areas
that are being discussed tonight as far as being unworkable I just
absolutely disagree with. I have reviewed my documents, I stand
behind my design, I have performed in the standard of care in my
industry in this region.
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And, until the building is built the way it was designed I can not
take any more blame or accusations on this. The main point is we
are talking as if these are huge roof areas dumping down on these
balconies and in actuality they are very limited and very small.
The roof areas behind the balconies are flat and slopes away to
drain. There is about 8' of roof area on either side that drains
into there. Those balconies were designed to be a protective area
over the entry. The skepers were designed carefully and worked
out with the contractor to drain into the landscape areas. There
are subsurface drainage systems there to carry that water away and
to fall out across the parking lot. And, I stand behind my design
and until I see my design built I don't want to really here
anymore design errors being tossed around.
Councilor Hines confirmed if we were to perform the design specs
we would need-to go in and provide a 2" step down because
according to all three individuals that was specified. Councilor
Hines stated the secondary issue is the moisture that is ending up
on the decks and questioned if there is some way to alleviate the
moisture:coming off roofs. Mr. Donaldson stated the step down is
not the only critical-thing and added there are many balconies
built in this County that have that little or in that range of a
step down that are flashed and waterproofed properly that do not
leak. What is missing on those balconies is not just the step
down, but the flashing that is required and the waterproofing.
Councilor Hazard questioned Mr. Donaldson if he was instructed by
the Town to supervisor the construction. Mr. Donaldson stated
architects do not supervisor, they observe. The agreement with
the Town of Avon, Mr. Donaldson has a minimal role during
construction. Councilor Hazard asked Mr. Donaldson if while
observing he saw some things not exactly to his drawing if he
reported these to the"Town. Mr. Donaldson stated yes, but some
was actually reported in project meetings. During the course of
this construction weekly project meetings were held, which were
attended by Mr. Donaldson, Town of Avon Staff representative and
Contractor's superintendent, etc. A lot of information was
clarified at those meetings and usually written follow-up from the
contractor.
Mr. Wilkins requested to speak again. Mr. Wilkins stated all
have implied in some of the questions that perhaps I have the
answer as to why this is taking so long; I think I do and I am not
here to apologize for my work. Mr. Pieters suggested that I have
been of no avail and some of you think maybe my report wasn't
specific enough; I think it was quite specific. And, I think
these people know what I meant. On April 27th, when we met up
there the fact that there was no 2" step down was patent; it was
in front of everybody, we were standing on it; Colorado First
stood there, a representative of the architect stood there; they
knew it. The representative of Colorado First, John Guenther said
he would look into why there was not a step, down. Mr. Guenther
was sure there was a good reason. I wrote in my report ten days
later, that you have to have a flashing there. I did say the
design was unconservative, I didn't say it was incorrect;
unconservative. And, it would be wasteful to hold the
contractor's feet to the fire and make it 2" instead of 1/2, if
you are going to fix it, do something better than that. I didn't
say if it was 2" it would have leaked; it wouldn't leak as badly
as it does now; you have nothing now, you have no waterproofing-on
Building A, no waterproofing extends to the interior plane of your
building. That water, a lot of it leaks outside right now, but it
is getting the wood wet and is not a good thing. But, the water
goes right through that joint.
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All of that was made clear on May 7th. On the first occasion that
we met, ostensively to discuss my report and clarify it for the
recipients, Colorado First said well you know there might be a
document from the architect saying do it this way. I said then
that would change everything. If I saw that document I'd be
inclined-to agree with you. If the architect said never mind what
I designed,.,you can skip the 2" step down, that would be
important. I was told they would look for it. Nothing happened.
I wrote Norm (Mr. Wood) a letter saying why don't you give them
this letter; I drafted-a letter-for him to send to Colorado First
and the architect demanding an answer to my report that still
hadn't come. And, he sent it to them. And, we got a ten page
answer from the architect; ten page response I should say, hardly
an answer. And, I wrote a response to that, to Norm. Every time
Norm asks me,.to come.to'a meeting or to write a letter I said,
why, I have other things to do; I am charging you by the hour and
you aren't getting anywhere. The second meeting I was asked to
come to, again to discuss my report, I was told again; oh it might
be that document the architect might have told us to build it that
way. Tonight I hear again that it might exist; that's why nothing
has happened. Furthermore, on April 27th and followed up in the
report, I indicated that there was no caulking. Not wrong
caulking, not deficient caulking, not the wrong color caulking,
zero. And, Colorado First said we got paid to put the caulking in
and we didn't; we will fix it. On the first meeting to discuss
the report, Colorado First said we'll fix it: On the second
meeting,_ they said our fault, we'll fix it. Last week they said
yea, we'll fix it, but maybe we ought to look at the windows; pull
some trim off and just make sure we're doing the right thing. I
don't know why that couldn't have been done in the three months
since we looked at this. We decided to have this meeting to look
at the balconies. I brought my own ladder. I went on every
balcony. Neither the architect's representative nor the
contractor's representative did that. I didn't even think I
should on your behalf; you shouldn't have to pax me to do that.
If these guys don't think my comments are true in general; then
look; I looked at two balconies at random; they're not 2" step
downs; I doubt any of them are. It is very offensive than to not
check. I checked, but these guys didn't.
Councilor Hines suggested to move forth. We are told there may or
may not be a document out there. We are told that it may be
provided by the end of the week. If the document is in existence,
then we need to move forward. If the document is not in
existence, Councilor Hines requested Mr. Olbright's response on
what he might propose.
Councilor Yoder echoed Councilor Hines statement of where do we go
from here. Can we get a representative of the homeowners; can we
establish a small group and go forward and not just sit around and
talk about it. Mr. Wilkins commented he sees no reason why we
couldn't have done that in April.
Councilor Nottingham thanked Mr. Wilkins for his presentation and
knowledge. Councilor Nottingham asked for his information on the
concrete and drainage. Mr. Wilkins stated there are a couple of
problems there. First, one problem that is minor in the scheme of
things but wasn't an unavoidable and is regrettable, is cracking
of the concrete slabs at-the entry ways. That is the consequence
of the placement of the control joints. When you pour concrete
you have to expect it will crack as it shrinks.
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It can't just get smaller, which it wants to do since it has so
much water when it is placed. And, then as it dries out it looses
volume and gets smaller. It can't just do that freely because it
is on the ground. The ground restricts it from shrinking and that
restraint upon shrinkage causes stress and it breaks. Happens all
over the place. So, what you try to do is make control joints.
You just tool a joint; that weakens the concrete and the hope is
the concrete will break there where you have planned it as opposed
to breaking somewhere randomly. When you make odd shapes of
concrete, like a "T" shape, like you have at your entry ways; you
have to expect that those cracks will start from those corners,
the corners at the "T"s, unless you provide control joints there.
Control joints weren't provided; you got those cracks. You see,
that's minor in the scheme of things; that's a problem I wanted to
identify.,' But, the big problem is that you get frost heaving of
these slabs. The ground below the concrete is wet; you can't stop
it from getting wet, at least not the way you have the buildings
configured; the roofs drain onto the dirt adjacent to the
concrete. So that dirt will be wet and the dirt under the
concrete by extension will be wet. It will freeze considering
where these buildings are located. When the dirt freezes it
expands and that expansion upon freezing is more than sufficient
to lift 4" to 6" of concrete. In fact it is more than sufficient
to lift the concrete and some non structural materials baring on
the concrete and that is where the problem comes in. The door
thresholds and the door trim on most of these units is
superimposed over your concrete entry way; the flatwork which
should be entirely outdoors. The door and it's trim and it's
threshold and all of the siding and all of the framing for the
houses of the units should be over the foundation wall. The
foundation wall doesn't heave; there is no evidence of any problem
structurally with the foundation. The concrete flat work is non
structural; it is just a shim; a traffic baring surface. But, the
buildings are built in such a way that you have these two elements
conflicting. You have part of the structure overhanging in effect
part of the non structure and when that slab heaves it catches the
door threshold, jams the door, busts the trim, and does other
mischief. The idea behind cutting the concrete free in theory
addresses this; in practice it might not be feasible, you might-
not be able to get close enough to it,to cut it. To address-what
I have just said, and with brute force, one would bust the
concrete up. At that point you would have several options
available to you. one unit owner has already exercised one
option; he busted his concrete before and put sod and round
flagstone pavers in. That solves the problem. You could also
bust the concrete out and repour it in such a way that it is not
under lying the door trim and threshold. Regarding that, if you
do that, you haven't solved the frost heaving problem, but you
have mitigated against the consequential damages of it. You'll
get the concrete heaving, it-will be a tripping hazard, but it
can't then lift your door up and jam it and cause that kind of
problem.
Councilor Nottingham asked if it was designed to be under the
building or not. Mr. Wilkins stated no.. That's another part of
the interpretation of the design that is in dispute currently
The drawings show a detail not for the door but for the side lght
attended to the door. And it shows that side light being on a
curb built up directly over the foundation and clearly free and
separate from the entry way slab.' Now, the type of door that you
have has a side light; the bottom of which is the same as the
bottom of the door. So, that detail would have a door where you
come out and'step down. That's all the drawings show. There are
no'addenda. There is no more information available.
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But I am told both the contractor and architect understand that a
door some where along the line was approved that looks like the
doors you have and that the drawings anticipated a different kind
of door with the side light that was not as tall as the door.
Perhaps the door was always going to be flush with the exterior,
that is at least horizontally, and that the side light was going
to be up on a curb but not the door. In any event, the drawings
clearly certainly did not allow the trim and threshold to overhang
the entry way slab, it shouldn't be that way. The change in the
door wouldn't create the overhang. The change in the door would
eliminate the curb. The door should be over the foundation and
not over the slab. Councilor Roof asked if this was a design or
construction fault. Mr. Wilkins stated you have elements of
both. The consequential damages, the busted trim and jammed
doors, extend from the fact that the threshold overhang the entry
way slabs. Clearly, that is the contractor's fault, in my
opinion. The contractor will say, OK maybe so, but the fact that
it heaves isn't my fault, I just poured the concrete where I was
told. So, if it is heaving, that is a design problem.
Ms. Robin Pieters, resident of C-5, asked if Mr. Wilkins could
associate those problems with the fact, do we have a decent water
drainage system. Should we.have gutters or does this system
actually work where the.roof and the sidewalls meet up. Is that a
system in your opinion-that works in the mountains. Mr. Wilkins
stated this is two different questions. The-fact that the roof
and sidewall meet up is another way of saying you don't have an
overhang. If you had an overhang, that wouldn't change this
problem. Water would still end up adjacent to the concrete. To
answer it there is nothing wrong with doing it that way; you can
as far as not having an overhang is concerned. It does create
more problems if you have things like siding that doesn't fit
tight and if the windows aren't watertight without a protective
overhang. So that is an element of the design that I have
characterized as unconservative, not incorrect. The other things
that affect how wet the dirt gets is, one thing the dirt itself,
you don't have an impervious layer of material next to the
concrete. An alternative design here would have been to make the
concrete 5' wide, never mind making a "T", never mind making it 3'
then 51; make it 51, make it fill the whole space there so that
you wouldn't have so much opportunity for water to get under it.
Whether gutters would solve the problem is questionable. They
might in fact create another problem you wouldn't like because
gutters will collect and discharge water from the roof. If you
discharge the water on the parking lot on top of the asphalt that
is as far as it will go, it will freeze. If you have heat tape
you'll get it that far. And, that may be a worse problem.
Councilor Hazard asked how Mr. Wilkins would solve these problems
if he were in Councilor Hazard's shoes. Mr. Wilkins stated he
has had that question in mind all along and has been acting upon
his answers implicitly. In my letters to Norm, I have advised
what you should do. And, most recently you ought to make a demand
upon the architect and the contractor for response of what they
are doing to do. And, if it is nothing, fine put it in writing;
And if it is we're going to fix the caulking because after all it
is our problem, fine tell us when, give us a time table. Now,
when I say a demand letter, I mean that from a layman's point of
view. It might be time to write one from an attorney's point of
view, have your Council write a demand letter in terms he
recognizes as legally binding. Councilor Hazard asked Mr.
Wilkins again, what would you do.
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Mr. Wilkins stated he hesitates as the question has legal
implications as well as engineering implications. I can't give
you legal advice, but it may be time you had some. I believe you
take these.problems one at a time. With respect to the window
problem,'I still firmly maintain that you start by getting what
the design called for. Now admittedly this is a parametric
approach, you are changing one thing and it might not be
sufficient. And, that might sound horrid now that we are closer
to winter than we were when I first made the proposal. But, I
still think,,none the less with the lost time, it is the right
thine to do. I would in fact put in the caulking that is
required. Now I would not caulk over knot holes. And, I wouldn't
caulk over 1/2" or 3/4" spaces; I would replace wood that has knot
holes and replace wood that is too narrow for the space it covers.
I would make sure the Z flashing is properly installed and
actually overlapped that which they flash and I would install the
caulking. Then I would continue to monitor the problem. You
might then find that some windows still leak. But, if you do then
you know why. I think it will get rid of a lot of problems, if it
is done right.
Councilor Fawcett stated the contractor has indicated they would
saw/cut the concrete, if we are to be relieved of all future
liability. Mr. Wilkins indicated earlier that saw cutting may or
may not help; would concreting the entire area be a better answer.
Mr. Wilkins stated maybe doing both. The saw cutting is
consistent with my complaint about the construction. If somebody
had a tool that could get right up close to the threshold and cut
it thoroughly so it would act independent of the rest of the slab
than you would have pretty much removed my complaint; if there is
only a small piece of concrete under the threshold it probably
wouldn't have enough stiffness and the soil wouldn't get wet
enough to lift the door trim and jam the door anymore. Whether
you can get that close, I don't know, I doubt it. If you cut it a
foot away that is not going to solve the problem. If you concrete
the whole area, that ought to keep the soil under the slab from
getting as wet as it gets now. These problems are problematic;
there is no knowing in advance whether it will work. With respect
to both the concrete problem and the deck problem I think the
homeowners ought to be involved in any decisions before you
proceed further. With respect to the windows, I am sure they just
don't want them to leak. And, they own caulking. With respect to
the balcony and concrete, the best solution might involve a
different configuration.
Councilor Fawcett directed Mr. Wilkins back to the slabs and
questioned if the stress lines were in the design and not
performed by the contractor. Mr. Wilkins stated the drawings
show one control joint extending off of one corner of the T but
not two. The construction includes no control joints extending
off the corner of the "T". There should have been two if you
insist on building it that way. Or alternatively, make an
expansion joint between the two slabs; the narrow slab and wider
slab be separated so that there is no opportunity for force to be
transmitted between the two. Mr. Wilkins stated that if the
slabs didn't heave°no one would worry too much about diagonal
cracks. Mr. Olbright added it is pointless cutting the slabs
from the building and does not accept responsibility. Mr.
Olbright agreed, is an effort to resolve this problem, to go in
and make those cuts. Mr. Olbri,ght suggested to take a look at
what the other homeowner did; remove the concrete. The control
joints aren't the problems; thelroblem is it is frost acceptable
soil in a situation with water dumping on it. In Mr. Olbright s
opinion, concrete slab was not the right design.
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Ms. Susan O'Connor, resident of B-4, requested, for the record,
someone to accept responsibility for the door jams. Ms. O'Connor
stated she is the homeowner that cut the concrete out. She stated
those door jams have been permanently damaged as a result; the
doors are all off kilter.
Mayor Reynolds requested to hear from some of the homeowners.
Mr. Neil Henzler, resident of A-3, stated it has become obvious
to him throughout this meeting that a lot of the problems are due
to a lack of oversight on the construction of the project by
whoever was in charge of the project from the Town of Avon. A lot
of our problems with the Town have come from a lack of
communication and response through the Town's representatives.
Mr. Henzler stated, for the public record, that he thinks the
performance of the Town of Avon representatives, Mr. Rick Pylman,
Mr. Jim Curnutte, Mr. Tom'Allender, Mr. Bill James, in a lot of
respects has been fairly dismal as far as their attention to these
problems and their priorities in taking care of these things. We
have gone through all this, related to you all of our problems
last Monday at our Worksession and we have tried very hard to get
this taken care of and we are still doing the same thing; we are
still getting the run around; pointing fingers. And, we are still
no closer to a solution; yeah, we are a little closer.
Councilor Hines felt like progress was being made. Councilor
Hines felt we are there with the paint, the caulking, the-loose
boards, the window problem. In terms of the porches, there may be
an outstanding document. If the document is not in existence, the
contractor has stipulated that he agrees to try to rectify the
problem. The only thing still not solved so far is the concrete
issue. What we are trying to do right here, right now is to walk
through each and every one of these problems that you are bringing
before us. So far, we have done just that; headway has been made.
Lets continue and get all the problems out and continue this
positive process.
Mr. Henzler agreed some progress has been made. Our frustration
is in dealing with the concrete and everything; no one has ever
asked the homeowners for solutions; we live there and see it
everyday. Mr. Henzler sees it as simple; we deal with the water,
we manage the water- drainage away from those buildings. We manage
it off the roofs and prevent the water from piling up on those
decks. In the winter time the ice melts off the roof and piles up
on those decks. Mr.- Henzler stated he personally chiseled 6" of
ice from his deck last winter as the water was leaking in his
door. No one.has come up with,a.solution for that; I say put a
roof over-those decks and lets stop.the water from getting on them
in the first place. Another point I want to bring up, regarding
why we are at this-point in the first place; we have been
cooperating with the Town Staff and have been getting the run
around. The homeowners-association, Wildwood South, met with Rick
Pylman and Bill James.last November, to express concerns that
nothing was being done.- Nothing became of this meeting and we
threatened to take this to the Council. Bill James called my wife
at work and threatened her and said if you take this to the Town
Council you will not get any cooperation from the Town Staff.
That is why we are here today.
Mr. Bill James requested to respond. Mr. James stated he does
not remember that conversation; she can say whatever she wants to;
that is not the case. I can't remember any conversation even
coming close to that type of conversation with Robin.
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I remember the letter that you sent out by the homeowners
association and the other letters to put more pressure on Bill
James and Rick Pylman to do this and do that and I think that was
the call I made to Robin. I did not appreciate those type of
approaches to try to solve these problems. Mr. Henzler stated to
look at it from our point of view; we are trying to solve these
problems because it wasn't getting done. Mr. James added I think
we are too. And, after we had that meeting, the homeowners came
up with another 392 items that over the last several months the
Staff has tried to address and keep a focus on that project and
keep narrowing it down. That has been our objective and I think
we have done a pretty good job. Rather than bringing up the past,
like councilor Hines stated lets concentrate on the future.
Councilor Roof stated he thought it was determined that the
construction around the windows is not up to par; we need to get
the flashing in place, get the proper size boards cut in and
caulking in before the paint goes on. Problem solved as far as
the leaks, we hope, time will tell. As far as the decks, we can
determine what it will cost to get that 2" below the decks and the
responsibility without'that document is Colorado First. If they
can p:.bduce a document that says Mark Donaldson OK'd the change,
then there is a different responsibility. Nonetheless, to solve
the problem, determine cost and bring it back to the homeowners
and.ask for their input in solving this; lower the decks or put
roofs on; your choice. Determine responsibility and move ahead.
As far as the slab cut, determine who is responsible, and come to
a conclusion as to who will pay for this but nonetheless, Mr.
Olbright stated he would be willing to come in at their cost and
cut those slabs and determine what that cost may be. Rather than
cut those slabs out with that cost perhaps add some more paving
stones as another homeowner has done. We need to come up with
some solutions and a time table that-the homeowners are going to
appreciate and feel comfortable that,it is going to get done. We
can't sit back here and say well you did it and you did it and you
did it; let's move on.
Mr. Henzler stated just one more thing on the concrete slabs.
Most of them are cracked. And, they are going to have to"be
replaced anyway, cutting them will not fix the cracks in them.
Councilor Roof.suggested eliminating the concrete, taking them
out. Again, in that situation it is tough to figure the cost. If
the Council would agree, we could bare some of that responsibility
if it can not be determined if it is a design flaw or construction
flaw. Just to get this finished we can negotiate with the
architect and contractor as to maybe a percentage of
responsibility. It is not going to get solved if all we are doing
is trying to figure out who is responsible. Mr. Henzler stated
that is his point exactly.
Councilor Hazard asked Mr. Wilkins if he would undertake the
supervision of all these repairs. Mr. Wilkins responded no; the
Town does not have a scope of work, I don't supervise, and the
Town does not want to afford that. Councilor Hazard stated we
need a supervisor and should have had one from day one.
Councilor Nottingham stated the homeowners have come to this
meeting and suggested we listen to these homeowners.
Mr. Pieters purposed to the Town to have Dan (Mr. Wilkins) be
involved. Mr. Pieters stated we would like for Dan to set up a
committee consisting of the Town of Avon, homeowners association
representative, Dan, Colorado First, and the architect.
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Give us a deadline in two weeks time this is what the problems
are, this is what we.are going to do about them, this is the
responsibilities from each individual. So in two weeks time we
know exactly who is responsible-and when it is going to be done
and by who.. Councilor Hazard stated one week. Councilor
Nottingham requested the letter be produced by Friday.
Councilor Fawcett stated the homeowners are better off if we go
forward with the schedule we have, which relates to the painting,
the step down, the Friday deadline in producing the document
relating to the change order on the step down. As opposed to
another committee that will likely slow the process, Councilor
Fawcett. suggested to go forward as is and stated Council will keep
track of what is happening on the Town's part. Councilor- Fawcett,
responded to.the_,gentleman indicating no solutions for the porch,
reminded we were given approximately four different solutions; one
being the step down being more than 2-311, but it seems better to
roof it or give you a door that is higher or enclose it. Progress
is being made and we should go forward on the basis we are
discussing tonight. Councilor Fawcett,invited homeowners to call
any council member. Mr. Morgan Murri requested, when a decision
is made, to bring the homeowners in and keep them involved.
Councilor Hines stated homeowners will be included in anything
that takes place from here on out. Councilor Hines questioned if
the homeowners are fairly comfortable with where we are going
right now. Too many people speaking at once; some homeowners
agreed and some did not. Councilor Hines questioned why they are
not.
Mr. Pieters asked Mr. Wilkins how long it will take to determine
who is responsible for what. Too many people speaking at once;
discussions related to trying to determine if it is Mr. Wilkin's
responsibility. Mr. Wilkins stated he indicated everything he
knows on the issue two and a half months ago.
Mayor Reynolds stated he would like to see the painting get going
within the next few days. Mr. Olbright stated you don't want to
paint the entry ways until you rip the concrete out of there. Mr.
Olbright stated the Sherman Williams representative could be
brought up immediately.. Mr. Pieters requested Mr. Wilkins to
say this-is the responsibilities, before we start anything; you
are responsible for this, and this is how we are going to do it;
so we know. Mr. Murri suggested steps, a schedule. Mr.
Olbright stated the window caulking, trim and window flashing and
all that could be going on. Councilor Roof stated in the
meantime, we can determine the most appropriate way to address the
decks.
Ms. Susan O'Connor stated she wants the work to start
immediately, She does not want to hear about all the discussions
with the contractor, blah, blahs blah. As we said before, this is
not our problem. We just want it fixed. We are the-ones that
ripped up the concrete, but it was still after the fact, we
already heaved. Ms. O'Connor, for the record, wanted to add on
the paint job that not one or two coats, there are actually bare
boards. Ms. O'Connor added she feels good with the progress.
Councilor Hazard reiterated he wants a site-superintendent on the
job to verify what is done exactly as it should be.
-19-
Councilor Roof pointed out that currently there is a stop work
order in place. Mr. Murri stated he was one who requested the
stop work order and consider the stop work order cancelled. Start
work tomorrow.
Ms. Robin Pieters does not want Colorado First up there. Before
we start work tomorrow, we want to know who will be up there
supervising as I don't trust these guys and the homeowners are not
real secure with this situation. Ms. Pieters stated you
shouldn't be either because I an going to come back here next year
at this time and say guess what everyone of my windows leaks now
and all of my'stuff is falling out of my windows and you are going
to fix it and it is going to cost you three times as much. So you
better think very very wisely about who you are going to choose or
who we are going to choose collectively to do this work whether it
is them or not and who is going to watch this work being done and
who is going_to.come up later and inspect it to make sure it was
done correctly: Because"I will be back here next year if it is
not done right.
Mr. Pat O'Conner, resident of B-4, stated he realizes this is new
to Council; a lot of these problems have just been brought to
light to you people,-however we have been living with them for
over a year. And, we are quite disgusted with Colorado First, the
sub contractors they have had on sight, and just in general the
work that has been done. Mr. O'Connor is in the construction
trade and stated he could go on and on. Mr. O'Connor stated let
me just make this brief, we don't want to hear about this anymore,
we want it fixed. We'bought these places from you, the Town of
Avon, we voted you into office, we want satisfaction and we don't
care how you do it and how you pay for it; we want it done.
Councilor Hines understood the concerns of the residents regarding
Colorado First. Councilor Hines stated we wish to take care of
the problems, if you will let us pursue this progress that is
being made this evening.
Mr. Mike Gallagher, resident of A-6, stated his unit is not
finished yet, although the Town signed off on it, supposedly with
owners' approval. I still can't use my tub because it was cracked
when Colorado First worked on the walls around it. I can't use
the sink because water leaks out from the hot and cold water
valves. And, I don't want to be really retrospective as to why
maybe those things were not taken care, but they are not done yet.
And, in fairness to Bill, I must point out that when we were
having problems getting the punch list items completed, both as a
board and as individuals, I went to Bill James and he is the only
person who got things done for us. He was very prompt and very
active in seeing that most of our punch list items were completed.
And, I think he did a great job in helping us. I would like to
get my unit finished. And, in spite of the fact that somebody
from the Town signed off on it; it is not finished and I'd like to
get my unit done, so I can use my tub in my master bedroom, so I
can use my sink and so on and so forth. Secondly, I have been
working with landscape and irrigation since about 1975. I was
asked by Jim Curnutte and I think Rick Pylman to come up and take
a look at the sprinkler system when it was installed. We turned
around and made some comments as a board relative to the sprinkler
system that it was installed wrong and recommended that the
manufacturer be contact for further comments. As it is now one
section of every individual sprinklers are put approximately 1/2
through the garden Iand aimed at the walls, which in my experience
is incorrect.
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I am not sure if this has been punch listed but seems like it
could contribute to excessive water running down the wall, around
the foundation and premature damage to the wood siding. And, on
the portion of the sprinklers that are outside ranging from 1/3 to
1/2 of the garden those parts aren't going to be irrigated at all,
so if you plant anything outside of this one section you will have
to hand water, which a lot of people are doing right now. The
sprinkler installation needs to be addressed and corrected. And,
I would like to get my unit finished. I want to make sure, with
the stop work order and everything else, that it does get done.
Councilor Nottingham questioned the defected bath tub and whoever
was putting this in needs to be responsible for that. Mr.
Gallagher stated it is the downstairs, master bedroom tub. When
it was installed, it had approximately a 1 & 1/2" hole and some
cracks in it. The answer from the Town and the construction
company was that well it can be patched and that is the standard
procedure to do that. And, then later in the warranty period,
some more hairline cracks appeared in the tub. I don't use it, I
use the upstairs tub; my wife weighs about 90 pounds, she didn't
crack it. So again, the answer was to have a guy come in and
patch it. Then, when we had some work done in an attempt to
square up our bathroom, which was way out of square, we discovered
alone the bottom edge of the tub painted wood molding. That
molding is not supposed to be there, it is a cover up for
approximately 3-4 holes ranging from 1" to 211. I took pictures of
those holes. Basically, we were sold a tub that was cracked and
had at least 4 holes in it when it was installed. Councilor Hines
questioned whether the tub moves any. Mr. Gallagher stated-no,
the tub itself doesn't move. I was told it would be too much of a
hassle to replace the tub. And, this goes back to the first time
it was put in, we were told since there is only one hole and just
a crack it would be better to patch it and we were talked into
accepting that, and not knowing better said yes. We discovered
the other holes this spring when we had the contractor come back
in to do some other work. They had to tear out the floor and
remove that piece of wood molding across the bottom of the tub;
that's when we discovered the other holes. 'The cracking looks
like someone stepped on it real hard. It is in the interior of
the tub. This is the second set of cracks. The first one was
covered by a patch guy. The second set appeared while they were
working on the tub because we inspected the tub real thoroughly
when we first discovered the holes along the floor. Councilor
Hines stated it sounds like a defective tub and the manufacturer's
problem. Mr. Gallagher stated it was supposed to be warranted.
We were told the option on that was to patch it. And, it was said
that the holes appeared when the molding was taken off that we
discovered glue inside the holes which you can see in one of the
pictures, so those holes were there when the molding was glued on.
The tub itself is stable. Councilor Fawcett questioned if the tub
leaks. Mr. Gallagher stated we didn't want to use the tub again,
because we were afraid it might leak.
Councilor Hazard motioned that we approve a construction
supervisor as from the time we start working in which I hope will
be as quickly as possible so that all work will be supervised and
someone will be directly someone who has the knowledge because
then they could report to us exactly as is. So basically my
motion is that I would like the Council to approve and make a
motion that we approve a construction site supervisor as quickly
as possible.
Councilor Nottingham seconded the motion.
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Mayor Reynolds agreed with Councilor Hazard that we need a
superintendent out there and questioned how to go about it.
Mr. Rob Crawford, resident of C-4, stated that what we've seen of
Colorado First, we don't want to see anymore. Once we find out
who is liable and negligent for each and everything, would it be
possible to get rid of them, fire them; then have Colorado First
pay a competent contractor to do all that and then you would have
your supervisor. We know Colorado First is not competent.
Mayor Reynolds stated Colorado First is responsible for these
warranties. Mayor Reynolds stated they did Eaglebend and did a
good job over there. Mayor Reynolds added he has confidence in
Colorado First; if E.J. says he will do it, he has always come
across.
Mr. Rob Crawford stated we have walls up there 1" out of plumb;
that's not competent; it is ridiculous, they rushed through it,
they shouldn't be in business after that.
Councilor Roof commented that instead of passing the motion right
now, we need to find out a lot more information. First, what is a
site supervisor going to cost. We need to find out who is going
to make these repairs; obviously the homeowners don't want
Colorado First. I feel it is Colorado First's financial
responsibility to make these repairs. If we don't allow them to
make these repairs then do we incur the cost of finding someone
else to do it. Sure we do. We have to give them an opportunity.
Councilor Fawcett agreed with Councilor Roof as to taking the time
now to hire a supervisor to oversee what is going on. I think
that might be another weeks delay, maybe longer, and I am not sure
who we can get. Frankly, the dollars we might spend on a
supervisor, I would much rather see go for repairs in the units.
I would hope the Town, Norm, and so on would certainly be taking a
good look as the matters progress. And, I would certainly think
that you folks will be out there overseeing. Ms. Olsen commented
she knows nothing about construction and that is why an expert is
needed. Councilor Fawcett stated you seem to know enough and one
of you who is in construction; that might be the ideal person.
Councilor Fawcett felt things will just be delayed; things could
get going within the next day or two whereas otherwise if we are
waiting on a' supervisor to be appointed whoever that may be you
are just stepping yourself back, spending money that could be
spent on you, etc. Now to address the concern of dislike for
Colorado First, from a legal standpoint, obviously, the Town is
working with Colorado First and Mark Donaldson. We have too, if
we want to have any recourse over and against these parties in the
future; we have to give them a chance. By the same token, you
working with the Town, in'order to have recourse against us have
to let us go in and fix it the way we think is best. If that
fails, then obviously you have a claim against us. The problem
with having a claim against us is we could be sitting around
talking and litigating and arguing for five years and nothing gets
done; that's not want anybody wants. Council's consensus seems to
be in total support of fixing the problems you have, whether it
costs the Town direct money or not. But, first we have to see
whether these fellows can do the job and if they can't do the job
in the manner that we all think is the correct one, then we have
to get someone else to-finish it off or redo it. But, at this
stage, it seems to me, the quickest way to go forward is with
these people. In terms of hiring the supervisor, I am really
leery at this point as it is doing nothing but slowing us down.
-22-
• •
Ms. Pieters stated one last comment on that; I disagree with
that. I think if it takes another week to find someone than we
are willing to probably give it a week. Let us attempt to find
somebody we feel comfortable with. That is something we can try
to do. Councilor Fawcett stated we are spending Avon taxpayers'
money; we can't just say to one group, look we have 3,000 citizens
in Avon and here 50 are going to tell us how to spend the money.
On the other hand, I don't have any objections to our looking into
who might and what the cost might be. I just think it.is going to
slow you down. Ms. Pieters thought this not to be a problem.
Slowing us'down, yes, but I don't think it is a big issue now. I
think we can give it two weeks to find someone and I think it is
worth it for all of us owners for some kind of security up there
to know that someone is going to be overseeing this work.
Because, already you have someone who may or may not have put one
coat of paint on when.they said they put two coats of paint on.
We don't know that yet, but that could be the situation, so are we
now going to trust them to come up the second and third time with
kind of a bad attitude after all this and fix these things. Are
we-supposed to be comfortable with people out there doing this
when-we have been through all this and name calling, etc. I want
the security of knowing that someone is up there watching this
work. Mr. Murri interjected you say give it a chance, we've
given it a chance. Mr. Murri continued they had their chance to
caulk it, they had their chance to paint it correctly, they had
their chance to put in the right bath tub. The chances have been
there. Ms. Pieters interjected I still have frozen pipes with
heat tape on them and that was supposed to be fixed, I don't know
how long ago. I don-It even know if that is going to be fixed yet
and that is on the punch list, as supposedly to be fixed. Mayor
Reynolds stated that particular item is going to be fixed. Ms.
Pieters questioned when. Mayor Reynolds stated it was to be
tested Monday. Ms. Pieters stated no one contacted her. Mayor
Reynolds informed Mr. Wood stated they were going to find out the
cause of this freezing. Ms. Pieters stated they did come up to
the unit and supposedly go inside, which there is nothing to see
as all of the pipe is in the ceiling. We know how to access that
piping but that is it. Beyond that they want to run some heating
through the heat room, through the wall, cut some things out, lah,
lah, lah. Fine, if they want to take care of it that is fine, but
I have heard nothing, there is nothing in writing, I have had no
phone calls. And, gee this was on my punch list last December,
folks. Mayor Reynolds requested Mr. Wood to respond. Mr. Wood
stated we have met with Colorado First on it, they have committed
to go in, open it up to see what is causing the problem and do
whatever insulation or so forth is needed so that it doesn't
require the heat tape. I don't their schedule. I have asked for
at least 24 hours notification for any work like that that is
scheduled so we can verify what is going on. I have not heard of
any schedule. Ms. Pieters stated she has typically called
Colorado First herself in the past regarding her punch list items;
because I know I am going to be home or I am tired of waiting.
And, I was tired of trying to go through the Town to get those
answers. So I got the number myself, I called the guy at Colorado
First, the top dog and said when are you coming up here to fix
this. And, when I called him, he would come up. When I went to
the Town, nothing happened. OK, that's water under the bridge. I
know now what I need to do. But, I am tired of calling Colorado
First trying to get these problems fixed. And, you guys paid for
my frozen water pipes three or four times. Now, are we going to
wait; are you going to have to call Colorado First or am I going
to have to call them or are we going to have to have frozen pipes
again and you are going to have to pay for that again.
-23-
So, alright this is a situation that will probably be taken care
of. But, back to my main comment, that is I am not comfortable
having Colorado First up there to do any work on my unit unless
there is someone overseeing this work and I am willing to wait a
week or two till we find someone that can do that. Now, there is
also another option here, maybe our homeowners associations can
help fund this. I didn't want.to say this tonight because we
don't have a lot of money; we are an affordable housing unit; we
don't have a lot of money in our pockets to spend on this. But,
maybe we can come up with a compromise that says fine, maybe we
can held fund some of this. Maybe we can find someone - you know
Rob is in the-business. Maybe he wants to do it. Maybe he can be
out there on a Friday afternoon when they are taking care of the
caulking and all that. I think to say that we can't have anybody
there is a mistake. There are options that we should probably
look at instead of saying no way.
Councilor Nottingham stated maybe Mike (Mr. Gallagher) can help
us with the sprinkler system. Councilor Nottingham questioned Mr.
Olbright on the quality of people he will be sending up there to
do repairs and the quality of workmanship. Mr. Olbright stated
the person he would have come to do this work hasn't worked on the
project to date; he wouldn't have an attitude problem. He is a
competent person, he built the Annex shopping center in Town. He
is out of the Glenwood area and has no involvement with this
project and is more than capable of handling this work. The
problems related to things not being taken care of properly and I
am here tonight saying we are going to take things. We have been
going back and forth what has been and what hasn't been and mostly
how it hasn't happen; I apologize to these people for the problems
and we are here to try and solve the problems. That is all I can
do; if you guys want to take it into your own hands, it goes to
litigation, you have major problems and I have major problems. We
are here to solve the problems, to try and work with you, to move
forward on the problems. I have competent people who have built a
lot of projects in the mountains. The project up the hill has had
it's problems and we are sorry about those problems. All we can
do is go up there and get after it and get it taken care of with
qualified people. The gentleman I am proposing to do it is more
than qualified; I would be happy to show you his resume.
Councilor Nottingham questioned the idea of having a supervisor.
Mr. Olbr-ight stated he works for the Town of Avon; whatever you
want to do; do; it will not change the way we are going to
approach the job.
Councilor Hazard stated the reason he is insisting on a
construction site supervisor is because it should have been done
in the first place and now to satisfy our owners and Council. We
need an expert so none of us worry and we know exactly where we
stand. Councilor Hazard reminded there is a motion on the floor.
Councilor Yoder agreed that Colorado First has to have the
opportunity to fix these problems. Councilor Yoder felt if a
couple of names of qualified people who could supervise were
submitted to the Council, the Council would be willing listen to
who these people are and take it from there.
Councilor Hines felt it all falls into a step by step process. No
doubt there have been problems in the past; things have fallen
through the cracks. I think that Colorado First went back to subs
because generally all the work done there was through sub
contractors. The questionability
might of those subs is very high and
be when and where the problem arises with the unhappiness of
Colorado First.
-24-
i
I think we have had a good indication from E.J. (Mr. Olbright)
that he is very willing to try to rectify the problems. I
understand the need to have that security in having this work
done. But, I concur with Councilor Fawcett; we have to go through
our due process; we.have to let Colorado First do what they can.
I am not against looking to find somebody that will oversee this
project. I do not want to see us lose the momentum that I think
we've achieved tonight. I am not even sure-how we would go about
that process or whether anybody is available; that would entail
further discussion from Council. I think a lot of progress has
been made and we can at least have the paint inspected. There are
certain issues that I think we can be moving on at this point that
don't entail a supervisor. Let's move forth with this.
Ms. Pieters made some comments away from the microphone and am
unable to transcribe.
Councilor Hines stated we have heard some solutions tonight.
Whether these solutions are remedial or whether they will endure
for the long term are questionable. I think we have to go through
the process; let Colorado First do the things they say they are
going to do. I don't know where we proceed from there, but we do
have to go through that process and allow them to do what they
have to do. Ms. Pieters suggested they submit a list of items
that Colorado First could do tomorrow without anybody watching
over. And, then a list of "we're not so sure of's" that can we;
is this conceivable that we can get someone to watch the painting
for that day or two. Can we get someone to watch over the
caulking and the windows. Yes, there are some situations where we
do not have to have someone up there. I can pull out my cement if
I want to; they can do that. But, I am not so sure about these
bigger items that in the long run are going to effect us if it is
not done correctly. Councilor Hines agreed; let's move forward on
what items you feel comfortable allowing them to proceed with. In
terms of who is going to oversee the painting and whatever
transpires with the decks, we are looking at an individual that
has a very well rounded scope of experience. And, I am not sure
where you find that individual. I would hate to see us lose
anything trying to find that person. Mr. Pieters commented why
look for one specific person; get a painting expert to oversee the
painting; get a caulking expert to oversee the caulking. Mr.
Pieters. stated have Colorado First put a list together; scope of
work so we know what and when to get the expert. We'll get him;
we'll pay for him to go sit there and watch them.
Councilor Hazard reminded there is a motion on the floor.
Councilor Roof stated he does not think it is appropriate to
commit to a site supervisor right now. We need to find out more
information; find out who is available. I'm not saying a site
supervisor is not required here. As far as Colorado First, we
have to give them the opportunity to meet their warranties.
Several homeowners agreed with that statement. Mr. Murri
interjected,.we just.want them to be supervised. Councilor Roof
thought we could-come up with 'a satisfactory program where the
homeowners will see the results they want to see. Ultimately,
that is what we are after. I,think we can get that done through
Colorado First construction with the site supervisor. I am just
saying the motion onthe floor right now is to commit right now to
a site supervisor and I do not think we have the information to do
that yet.
-25-
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Mr. Murri suggested to take the key issues, the problems, and
have someone like Dan (Mr. Wilkins) who is on the payroll
determine steps we need to take to solve the problems without
pointing any blame; this problem needs to be addressed first, this
problem second and so on and so forth. Bring Colorado First in;
let them do the work. As they do the work, bring someone in again
like Dan (Mr. Wilkins) or someone to come in and say, today the
caulking was done, I inspected the caulking, it is correct. Not a
supervisor, not somebody watching to make sure that every board
gets squirted on, but that somebody goes up afterwards and says I
checked the caulking and the caulking is OK; I checked the paint
and the paint is OK. Councilor Hines agreed with Mr. Murri; I
think we are not talking supervisor; we are talking quality
control. Councilor Hines added, not a person to be on the job
throughout the project. Mr. Murri agreed. Have a person inspect
the work and say it has been done in a workmanlike accordance.
Mr. Murri agreed and thought Colorado First will come in and do a
great job. Mr. Murri stated he doesn't want to be the guy to
determine that; I want somebody who's background I can trust to
say I looked at that work and it is correct. Fine. Mayor
Reynolds stated he would like to see someone from the Town; Mr.
Wood. Mr. James suggested an independent quality control person.
Mr. Murri agreed with Mr. James; an independent.
Councilor Hazard stated what a big deal this is to get a
supervisor; everybody is busy in town. The first thing you do
before you start to be negative, you grab the phone and you get on
the phone and you get some action. OK. All I want is for this
thing to be done right and to have somebody who is responsible,
who is quality control, who can do it. We have not done it the
first time; let's do it now before we have to do it again, and
again, and again.
Ms. Susan Scanlan, resident of C-3, stated she agrees to allow
Colorado First to do the work and added they should have done it
right the first time. Ms. Scanlan asked if Colorado First
doesn't do it right the first time will the Town take the
responsibilities to see that it gets done correctly in the future.
I have a couple of concerns to earlier comments. E.J. (Mr.
Olbright) commented they would address the issues on our punch
lists that related to previous punch lists that they had or to
warranty items. A lot of the items on my personal punch list are
a result of the water damage that occurred this past spring. 'Now,
that wasn't on a previous punch list because it didn't occur until
this spring. Councilor Hines interjected that E.J. (Mr.
Olbright) stated he would take care of that. Ms. Scanlan stated
she is trying to sell her unit and stated she would like to tell
potential buyers any problems that have not been corrected to date
will in fact be corrected. Ms. Scanlan stated with regards to
the balconies; if the sliding glass door comes out as a method to
correct the problem, I can't get my queen size bed or my couch out
of my unit. This should be taken into consideration when planning
a solution.
Councilor Hines wished to amend the motion. Councilor Hazard
stated there is a motion on the floor; let's vote on that first.
Councilor Hines stated his comment maybe does not need to be an
amendment; it's not supervisor, let's say quality control. I am in
favor of the Town trying to find somebody who is qualified; to not
oversee the project on a day to day basis. But, look into an
independent source to go out there perform quality control; not a
supervisor. Councilor Hines noted I would like to make that an
amendment to the motion. Council's consensus was to resolve the
first motion.
-26-
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Councilor Fawcett called the motion. Mayor Reynolds stated we
have a motion and a second for a supervisor. Mayor Reynolds
called for the vote. Those voting in favor were Councilor Hazard.
Those opposed were Councilor Fawcett, Hines, Nottingham, Roof, and
Yoder. Motion failed.
Councilor Hines motioned that the Town pursue hiringa quality
control inspector; an independent outside source to inspect the
work and make sure it is done in a workmanlike manner on this
project. Councilor Fawcett seconded.
Councilor Hazard asked what the.difference is between a site
supervisor and aquality control. Councilor Hines stated that a
site supervisor is a person who is on site that supervises the
workmen on site." A quality control is more of an inspection type
of thing. Councilor Hazard asked if-he would be on the site.
Councilor Hines stated I don't think we need to have somebody on
site full time. I get a very positive feeling out of E.J. (Mr.
Olbright) that-Colorado First is going to perform the work that
needs to be done. I,think that what-the homeowners want is
somebody to come in-after the fact and make sure the work is done
correctly. Mr. Murri agreed.
Councilor Nottingham suggested someone be there for some of the
process; maybe not watching tear all the concrete out. But, on
some of the more in depth things that you can not tell what
happened underneath after it is totally done; I think they need to
be there then.
Mr. Murri asked to use Dan (Mr. Wilkins) to determine a list of
how things are going to happen and when that professional may be
required to interact with that. We would certainly accept his
judgement. Mayor Reynolds stated Mr. Wilkins doesn't do this for
nothing and he lives in Boulder. Mr. Murri stated someone that
knows the field, as Mr. Wilkins, can determine without being up
there what the process is and when you need involvement and when
you don't. Mr. Murri stated we are not asking for a supervisor,
we are asking for a flow chart; where do we start. Mr. Wilkins
stated he does not provide supervision. The-contractor provides
supervision. Superintendents work for contractors; they don't
work for engineers or architects. When I thought Colorado First
was going to start caulking, I fully expected someone to ask me to
come up and see what they were doing. I intended yesterday to
pull the trim off myself, if necessary, and see if we could
determine a more definitive scope of work for them. So we could
say, by recaulk we mean the following; with maybe a couple of
sketches. This is what we expect you to do. I assumed that if we
got that far and Colorado First proceeded someone would ask me to
come look at it sometime during the job. And, I would make sure
that they were doing what we agreed to do. I am not quitting, I
am still happy to do all that. But, I do not want to be here full
time and you don't want me to. I have had jobs where people have
decided that they do want a full time inspector. You need to be
careful of that; it is a very expensive type of security and is
often a false security. Unless you have a one to one ratio,
nobody is seeing everything. A lot of this has to be done from a
ladder and only one guy can be on the ladder at a time. Maybe you
have the guy do the work, he comes down, and the inspector goes
up. This will slow the work down and make it very very costly. I
have had situations where people struck a good compromise. They
hire'somebody who is not really an expert, but is knowledgable and
trainable, can understand a few things.
-27-
• •
I go out with him and look at it with him and say, look this is
very simple, this is what the guy is doing, this is right, this is
wrong, you understand and after a while that's it; he is my eyes.
I come up two or three times but he is there more often and he can
call me and keep me informed to make judgements. You get what you
are aiming for, for a lot less cost. Mr. Wilkins stated in
reference with the caulking at the window. You take the trim off,
some of the caulking goes between the sheathing and the window
frame and you put the-trim back on. Then the caulking goes
between the trim and the window. If someone comes up later he can
only see the latter., riot ,the former. He can't see the caulking
that should be behind the trim. It is counter productive for him
to tear it off and check. -So, you won't get all of it inspected.
The smart money is you get somebody started doing it, you achieve
an understanding of what they are going to,do, you-inspect some of
it and and not all of it, and the contractor has absolutely no
reason to screw it up again. I would not spend my money having a
full time inspector make sure they get it right this time. By
quality control, maybe a Town employee who knows what to look for
because I have been up there with him:once or twice and isn't
there all - the time;, nobody is making representation that he sees
all the caulking that goes in. That can work with respect to the
windows. With respect'to the balconies; who knows, because you
still haven't decided what you are going to do. Councilor Hines
asked what role Joe McGrath might be able to fulfill; he has the
working knowledge to be that person in respect to what he already
does for the Town. Councilor Hines added this is not our
independent outside source. Mr. Wilkins noted you are still 1/2
step ahead of yourselves. You must address everything. When I
say caulking, I fall into this trap myself too often; I keep
addressing the windows as if that is the only place the caulking
belongs,.but, it isn't. There are other places that you need
caulking and I earlier this evening addressed the issue of siding
that in my opinion is improperly installed. I wouldn't have
accepted it; you can't cut the siding so that it doesn't abut the
trim and then caulk it. That's bad. But, I didn't design them.
And, I didn't buy them, and I don't get to say so. I think you
need to ask the architect if that is acceptable. It is his
design; he's the final interpreter of it. Get his input into
this; get a scope of work with his involvement too. I am not
saying it is his fault that it got built that way. Not at all.
But, he ought to be asked what the design called for and what the
basis of his opinion for that interpretation is. Because, if he
thinks it is close enough for him that-caulking would be
sufficient; then do it. It is not close enough for me, Dan
Wilkins, but it might be close enough for Mark (Donaldson). And,
you need to get over that hurdle first; that's what we have been
trying to do in the meetings we've been having. But, we haven't
got anywhere yet. So, you are not ready for a quality control
inspector. You are not ready for Colorado First to go out with
caulking guns, because you don't have a scope of work defined.
Mr. Murri interjected, that goes back to what I was saying, we
need a time line from someone on how to proceed. Councilor
Fawcett thought a scope of work had been defined to a certain
extent. Colorado First had indicated getting the Sherman Williams
expert up there to determine how many coats were put on, determine
whether it was a paint failure, and so on; but, not paint. In the
meantime the windows; the siding would be pulled off and so on.
Inspections would be made to determine where the leakage was and
those repairs would proceed which would include cutting boards to
fit properly and, then caulk properly. At least this was my
understanding. I thought we did have some kind of procedure in
terms of caulking and water damage and so on.
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Councilor Fawcett continued, also, you folks seem to think Dan
(Mr. Wilkins) has done a good job or at least seem to believe he
could be a great assistance to you. As far as I am concerned, I
have no objection of having someone up there from time to time.
Now, Dan (Mr. Wilkins) in turn needs somebody, and maybe it
should be till (Mr. James) and town staff member I'm not sure,
but at least just to be kind of a liaison. You show them what to
look for and that person, living in town instead of Boulder, can
get up there more often to look and if there is a problem call you
right away. I think that might be an excellent solution at this
point; to use your services in conjunction with someone locally.
Mr. Pieters asked Mr. Wilkins for a scope of work. Councilor
Fawcett stated the scope of work depends on the contractor saying
now I am going to be able to get these people or in this case he
has someone from Glenwood Springs coming in. We can't just say
you have to come on this day. Mr. Pieters stated no, but, he can
not do anything until Dan (Mr. Wilkins) tells him you have to fix
this first, before you fix this, before you fix this, etc.
Because if you fix this first it means you might have to break it
down and fix it again. Councilor Fawcett stated he has a scope of
work that is probably what Dan (Mr. Wilkins), from this whole
discussion,' would come up with, but that is fine, Dan (Mr.
Wilkins) can write it down. Mr. Wilkins stated he cannot because
he has failed in his attempts to. I have been up here three times
meeting with the architect and contractor for that very purpose-
I didn't design these and I don't want to pick up the design in
mid stream. I didn't design lap siding abutting trim; I am not
going to tell you whether it should abut it tightly or not; ask
the architect he is still here. Ask him to come-up here and tell
you. Maybe he can inspect this. If he is telling you it didn't
get built right maybe he or somebody from his firm can inspect it
so he can tell you if it is installed correctly or incorrectly.-
Mark (Mr. Donaldson) has disagreed with my interpretation of his
design and he is the author of it. It is important to understand
what he is telling you, what he designed for,you; what his
expectations were for you; what you were going to get for your
money. It is more important than mine for this purpose.
Councilor Hines interjected I feel like we are loosing all the
ground we have gained. From what I heard tonight, I got some
great indications out of one individual and I understand what you
are saying; if the architect will sign off on this lah de dah, lah
de dah. I don't want us to loose ground.. No doubt there has to
be a scope of the work needed to be done. I think that scope of
work is fairly well understood. There are some outstanding things
that need to be resolved; one paint; two 2" step down; three. I
think there are some questions that need,to be answered as to
whether it is the paint manufacturer that did this; what is the
solution in terms of the deck. I think we all understand what the
problems are, what the solutions may be, and as of what we can
require of Colorado First. To me it seems you have to get those
things out of the way because those are the things we can deal
with. I heard discussion tonight the 2" step down may not be the
adequate solution, but if by contract-they were required to
provide it then we should-move forward with that and somehow get
them to provide that:. If that is still a problem, then I guess we
address that down the road. I understand your concerns that there
has not been any progress. I hope that out of this meeting
tonight it is not all for nothing and we are going to start all
over again. From what I heard a lot of those issues were
addressed tonight by the parties involved. Let's go forth; here's
the work that needs to be done-, here's the order, and I guess what
we can attack realistically.
-2.9-
Mr. Donaldson requested to address earlier comments. First of
all, I was cut out of the loop at some point in time. I did
complete interior inspections, I redid them and redid. I have
never been asked to do an exterior inspection; I can do that.
However, since these problems have arisen and the paperwork has
begun we have focused on these three main problems. Regarding the
wood siding and the trim and the windows there are very clear
specifications in the contract documents that tell you about
tightness of the joints, the acceptance level of joint
construction from one material over another. We have referenced
the American Wood Institute manual for standards and Chapter 25 of
the Unified Building Code recites standards. The caulking
manufacturer gives standards of the maximum width of a joint their
product may be used for. All these standards exist. They are
part of the documents. The first letter I wrote I asked these
things be accomplished; I wanted to know a complete list of the
problems, I wanted to know where the problems existed for the
windows, the balconies, the sidewalks, everything. I have not
received a response to any of the questions I have asked. I asked
these questions ninety days ago and, I have no answers. I don't
feel it is my job to go up and crawl upon ladders and inspect work
that is in place. Maybe you can ask me to now and we will have to
consider who is going to do what portion of the construction
review. But, there are standards that are in your contract
documents that are enforceable that set the limits of these
tolerances for joints, for caulking, and everything. A lot of the
things that have been put in writing has gone over people's heads.
When I am asked a very specific question about our contract
documents, all I can do is reference the information we provided
in those documents. And, sometimes it is very lengthy and
sometimes it is very technical, but those are the documents, those
are the industry standards, and that is what I live and die by.
And, I am standing behind those documents. We designed this
building. Roofs pitch on front porches all over this county.
Sidewalks walk up to front doors all over this county. We are not
dealing with anything unique that has not been done successfully.
This is an affordable housing project. There were certain budget
limitations. And, there was value engineering done. Some of
these things are coming home to roost. But, for the issues that
we are dealing with tonight, everything is quantifiable.
Councilor Hines stated he had heard from E.J. (Mr. Olbright)
earlier that he agreed to conform to that in respect to the
windows, the caulking; am I under some misconception that you are
not. Mr. Olbright stated no, you have it correct. Councilor
Hines stated I hear-from the contractor that it will be done
according to what the contract specified.
Councilor Hines stated so back to the motion. Councilor Roof
requested clarification of the motion. Mayor Reynolds stated he
made a motion for a quality control person. Councilor Roof asked
how are we going to decide-his involvement. Councilor Hines and
Councilor Roof both agreed we need someone. Councilor Fawcett
stated that Dan (Mr. Wilkins) has already agreed to act as one in
a certain capacity. 'Mr. Wilkins appreciated Councilor Hines
optimistic-outlook.- Mr. Wilkins hoped Councilor Hines has the
right view and he has'the wrong one. Mine is not so optimistic.
I haven't heard one word or one phrase tonight that I didn't hear
on April 27th. Nothing has changed. I am telling you this is not
progress; you haven't accomplished anything tonight. The
contractor has said since April 27th he'll fix the caulking; but
you don't have any caulking on the building.
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The architect said in writing there are long lasting industry
standard solutions available to your problems; but he hasn't
articulated any of them yet. Nothing has been accomplished.
Councilor Hines is hoping from this point forth we have some sort
of momentum to proceed. I guess the question put forth is do you
wish to participate in the QQ (quality control) or do we pursue
this with somebody else. I think it is a spot inspection type of
thing. Mr. Murri stated all we are asking is that somebody with
more expertise than us go up there and look at it and say yes,
this looks correct. Councilor Fawcett stated you the homeowners
recommended Dan (Mr. Wilkins). Too many speaking at once to
transcribe. Mr. Wilkins stated he indicated his willingness to
continue with the job he has started here. And, what I can do for
you is inspect work once the scope of work is arrived at. I have
said, regarding the windows, that you want to start at a minimum
with installing the caulking. At that point, having installed the
caulking around the perimeter of the windowst it would be my
opinion, that.you have brought the construction up.to.what the
design called for. If they leak then, it is my opinion,.that it
is either the window itself or the design that is implicated
there. It is Mark's (Donaldson) opinion that that is not
necessarily true; that his design calls for more than caulking.
And, I do not want to be involved and you shouldn't want to either
be involved with an exercise where Mark (Donaldson) says something
like that; leaves it in those words and what he has put in
writing. So,' the contractor goes up,,and caulks around the window
and I say yea, he caulked-around the-window all right. And then
it leaks and I say now it is a design problem. And, Mark says no,
no, no, you should have, while you had the trim off, you should
have interrupted'in the following-way and then we have a spillage
of details regarding what he thought we should have done. And, we
have to start all over again because he says it's not my fault,
you didn't do it right yet. I want everybody involved; I want
everybody to agree OK; I designed the.building, I built the
building and here is what we agree should have happened and it is
going to happen now.` You get that, fine, I'll go along with it.
I'll be the mediator and I'll say yes these guys are doing what
they agreed to do. Councilor Hines asked if this is amenable to
the two of you (directed at Mr. Olbright and Mr. Donaldson).
Mr. Donaldson stated personally I wish he'd stay in Boulder. I
don't know how to be any more clear. I have not added anything in
my letters that is not in contract documents. I don't know what
else to say. He disagrees with me; he thinks the windows need
caulking and I think they need what the window manufacturer
requires. That is what I required in the documents and that is
what I am requiring tonight. Mr. Wilkins asked Mark (Mr.
Donaldson) to write a scope of work and added he would be happy to
inspect the scope of work he writes. But, the scope of work can't
be whatever the manufacturer requires; we went through this at our
last meeting. Mark (Mr. Donaldson) shows what the window
manufacturer requires; it requires the word flashing; what is
that, a guy in a rain coat. It could be anything, it doesn't say
how big it is. Mr. Donaldson commented in his specifications it
states the specific gauge of flashing and questioned what is so
unclear about that. Mr. Wilkins asked how wide is it. Mr.
Donaldson stated the width the manufacturer recommends. We agreed
to that as a value engineer item; it was brought on board-as an
acceptable window product; it has been used in the mountains and
does not leak in other installations. There is something wrong
with these installations. And, I stand behind my work product.
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i •
Mr. Rummings interrupted and stated this is B.S. Mr. Rummings
stated I have a motion for the Avon townhome owners, let's sell
our house back to Avon. That's how ridiculous it sounds for him
and him and him to fight while my house is leaking and nothing is
getting done. Tell me, nothing is getting done. When I walked in
here this evening, I hoped something was going to get done. Tom
is trying to get something done, it sounds like its getting
something done, Mark doesn't want to take responsibility, E.J. is
trying to help a little. E.J., you can work on the outside of my
house but you can't come on the inside of my house. Mark, I want
to know the truth, did we have a 2" or 3" flashing or did E.J. go
ahead and change it and say no, let's just put it flush. That's
where this meeting is going. Councilor Hines asked not to
deteriorate any further. Mr. Olbright stated it seems we have
worked out a reasonable approach to solve the problems. I am here
telling you we are ready to go to work on those items. When you
folks can decide how you want to handle it, please call us and
we'll jump on it. I:am committed to solving the problems, getting
this behind us. You have my word on this; I am sincere and'I can
make this happen. Mr. Rummings interjected so then do I have to
call you on the-phone-And say E.J. come fix my windows or do I
have to go through the Town of Avon which I am trying to do right
now. Mr. Olbright stated you have to go through the Town of
Avon. Mr- Rummings stated so here I am Town of Avon, are you
going to hire-a-supervisor for me or do we have to hire a
supervisor. Councilor Hazards stated I requested it. Mr.
Rummings stated OK, that's where we are going. It looks like E.J.
wants to do the work, so let's go. Do you want to take the
individual homeowners, like I; I just allowed E.J. to fix the
outside of.,ky house and to not go inside my house. Then, the
Pieters; how do you feel about Colorado First, would you let them
in your house or just the outside of your house.
Mr. Pieters stated this is not the issue right now. Ms.. Pieters
suggested letting the Council discuss what has been discussed this
evening. Then you come back to us with a proposal and we will
tell you if we will accept"it or not. You need to decide what you
want to do. It is getting late and we are not getting anywhere;
take a night to think about it. Councilor Roof stated we.are the
contractors on this and ultimately we have a responsibility to you
as the purchasers of this project. Our responsibility still is to
make the proper financial decision for the Town. And, I don't
think we can dispense with different things this way and that way
as you see fit. Because again, we are the owners of the project
and we should decide finally on how we are going to proceed.
Hopefully that will be satisfactory to you. Let's step back and
let us take a moment and see what we as owner/contractor what we
can really do. Ms. Pieters reminded of opening statement,
approximately 3 1/2 hours ago, was that we will give you until
October 1st to correct all of our problems. That means between
now and lets say two weeks, you have two weeks to come to us with
ideas that we will say hey that's great we can help you, we can
throw in our two cents, we have other bids we can get you,
whatever you want we are willing to work with you guys. We want
to give you sufficient time to get together at a worksession,
maybe that is what you need after tonight, maybe you need to get
together with the architect, maybe you need to give him a call.
This is something you people need to do. You have heard what we
want and what we expect. And, we are willing to give you the time
to get together and discuss it. So, maybe we should just leave it
tonight. We will have some representatives out of our townhomes
get together with you at another meeting. And, then we will go
from there.
-32-
Councilor Roof stated there are so many homeowners it is difficult
to get a consensus as to what each of you want to do. Some of you
might want your deck-lowered to 2",-some of you might want a roof
put on. Several homeowners stated we'll cross that bridge.
Councilor Roof.added those decision need to be made as soon as
possible so,we can move as quickly as we can once the scope of
work is determined. Ms. Pieters suggested settinga date right
now. We'll get together, you get together and we will have
another meeting and hammer out some of these specific issues.
Hopefully we will have an answer as to who is going to help us
with these issues along the way. I would like to see Mark (Mr.
Donaldson) up there saying hey, that's not right but that's water
under the bridge; what is it going to take to make it right.
Councilor Hines stated there are some outstanding questions that
do need to be addressed. One, I think the paint does need to be
inspected. -I think in terms of the decks, I certainly would like
to see Colorado First produce the document they say they have; if
not, then we know wherein it needs'to be done to fulfill at least
the contract specs. There are certain things we can move forward
with. We can ask them to pursue. In terms of tabling this and
discussing at another point in time; I am amenable to that and I
would ,at this time call the question on the motion that was made
and I would motion that we table this to a later date.
Too many people talking at once. Discussion centered on next
meeting date; Friday, Monday, Tuesday. Mr. Murri stated the
homeowners are getting together as a group and suggested Council
to meet again and then both croups should get together.
Discussion centered on starting work tomorrow. Council and
homeowners seemed to be in consensus; start some work tomorrow.
Councilor Fawcett stated we should get Colorado First up there to
do some of the things like the Sherman Williams paint inspection.
You guys should take a good look at the 2" step down; apparently
lowering the deck is not the answer but Colorado First isn't
required to do any more than that. So what will they contribute
towards correcting your problem and how do you want to correct it.
Things of that sort; do you want your pavement broken up or do you
think there is a better solution. These are things we need to
know from you but in the meantime. Mr. Murri interrupted by'
stating we feel confident in solving our problems, but are a
little more concerned about you guys in getting together and
solving concerns. Too many people talking at once. Councilor
Hines stated I call the question. Mr. Murri stated the stop work
order is off; they can go up there and do things and inspect and
get the paint guy up there and that stuff can happen. Ms. Susan
Scanlon asked if Council was going to demand a dead line from
Colorado First on the paint problem. Councilor Roof stated we are
going to require a deadline on all the problems. Ms. Scanlon
restated her question; I mean about the inspection being done with
this expert. Nothing was mentioned when this expert was going to
come. Councilor Fawcett stated they indicated almost immediately
and that we will ask for a deadline; we aren't going to go around
demanding. Ms. Scanlon suggested one week deadline. Mr. James
stated the reason we had the aint inspector scheduled yesterday
was so that Dan (Mr. Wilkins could be here to go through the
paint process. Too many people speaking at once. Councilor Hines
called the question on the motion made 45 minutes ago on the
quality control. At this point in time, Councilor Hines withdrew
the motion.
-33-
Councilor Hines motioned that we instruct Colorado First to please
contact the Sherwin Williams guy, get him up here so that we can
get that inspection done as soon as possible. Do we need to
coordinate Dan (Mr. Wilkins) to be up here at that time; I
suspect so. Is that what we wanted. Mr. Wilkins stated not if
that is all; if you are just going to have the paint guy come up,
he is going to assure you probably that it is not his problem.
Councilor Fawcett asked if he can tell if one or two coats have
been applied. Mr. Wilkins stated he will tell that there are all
kinds of problems that aren't his. He'll probably say there is
moisture behind the wood and maybe improper application. I
promise you he'll tell you it is not Sherwin Williams fault. You
can devise some thickness; in some of the really bad areas nobody
can tell because it is all gone. He can go to an area that is not
completely peeled off, if he knows what he is doing, and he can
measure the dry film thickness; not with amicrometer but with an
appropriate instrument he can.
Councilor Hines stated as I was reminded this is not a motion but
a direction that Council wishes to have undertaken. So; I
recommend that Staff contact Colorado First, have Colorado First
pursue getting the paint inspector up here. I would also ask that
Staff coordinate with the parties some sort of a scope of-work.
Councilor Roof suggested to direct Staff to come up with some sort
of inspection program for the work as it proceeds. Council's
consensus was agreement with the above direction.
Councilor Fawcett.stated if Colorado First can go forward with
anything else, for example removing wood to determine water damage
around the sills; they have to check that out to see what caused
it and why. And, that should be done with this representative,
which may be our Town representative, or somebody else, or Dan,
just somebody to look to see if Colorado First is identifying the
real problem.
Councilor Hazard questioned Council if they agree to comply with
the request of the owners that we will be done and finished by
October 1st: Council's-consensus was unable to comply, but to
try.
Mr. Gallagher stated for the record, should it become an issue
and it may not, neither myself nor my wife ever told Colorado
First to leave and to not come back and do the work on our unit.
Mr. Murri questioned are we going to get together again, and
when. Mayor Reynolds answered tentatively Monday, but I don't
know whether it is for Council to meet or a meeting with the
homeowners. Councilor Hines suggested to.get back to the
homeowners on that. Councilor Hazard suggested setting a date
now. Ms. Pieters stated that maybe on Monday we will have
answers for you as to who wants cement ripped out and who doesn't;
OK, so that can proceed. Some suggestions of who wants a roof or
who wants other options. Councilor Hazard requested Mayor
Reynolds to ask the rest of Council if Monday is an agreeable
meeting date. Councilor Fawcett suggested setting it for Tuesday,
even if we don't have anything certain scheduled for that
worksession, then we can meet later with the homeowners.
Mr. Gallagher stated from the sounds of it, between Mark
(Donaldson) and E.J. (Mr. Olbright) between the standards not
being met, etc., E.J. seems amenable to working to bring things
up to standard. And between the two of them they can accomplish a
whole lot of what we are trying to accomplish.
-34-
And, they have already talked on the side and said they are
willing to do it and I think if we take that'approach it will get
done promptly. We can do it in conjunction with them and it will
happen.
Mayor Reynolds stated we will set up a meeting for Monday,
whatever time it might be. And will probably meet with you
sometime during the week. Discussions centered around next-
meeting date. Mayor Reynolds stated we will do the best we can to
get with you as soon as possible.
First Reading, Ordinance No. 93-6, Series of 1993, AN ORDINANCE
AMENDING CHAPTER 3.08 (SALES TAX) OF THE MUNICIPAL CODE OF THE
TOWN OF AVON TO EXEMPT THE TAXATION OF SALES BY CHARITABLE
INSTITUTIONS.
Attorney Dunn in that Council may quickly pass this
ordinance on first reading and discuss further at the next
regularly scheduled meeting.
There being no further comments, Mayor Reynolds called for a
motion.
Councilor- Yoder motioned approval of Ordinance No. 93-6, Series
of 1993, on first reading. Councilor Roof seconded the motion.
With no further'discussion, Mayor Reynolds entertained a roll
call. Those Couricilors voting in favor were Jack Fawcett, John
Hazard, C.C. Nottingham, Jim Roof,..and Judy Yoder. The motion
carried with Councilor Hines opposing.
Resolution No. 93-27, Series of 1993, A RESOLUTION APPROVING A
FINAL PLAT-AMENDMENT NUMBER 4 OF EAGLEBEND SUBDIVISION'FILING
NUMBER 2,_ A_RESUBDIVISION OF LOTS 8 AND TRACT B, BLOCK 1,
AMENDMENT NUMBER 3, TOWN OF AVON, EAGLE COUNTY, COLORADO.
Mr. Norm Wood stated this is a resubdivision of Lot 8 and Tract B
to create three single family lots; leaving four parcels. Staff
has review and recommends approval.
Councilor Fawcett motioned approval of Resolution No. 93-27
Series of 1993. Councilor Hines seconded the ;notion and the
motion carried unanimously.
Resolution No. 93-28, Series of 1993, A RESOLUTION APPROVING A
DUPLEX FINAL PLAT FOR LOTS 33-A, B AND C, BLOCK 3, WILDRIDGE
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
Mr. Wood stated this is a duplex lot with two duplex units; the
third lot'C is a common access lot and part of the flag lot. Only
half the duplex has'been built. They are requesting to subdivide
in order to sell the first half of the duplex and use the funds to
build the second half.. This is noted in section 2 of the
Resolution.
Councilor Hines motioned approval of Resolution No. 93-28, Series
of.1993.. Councilor Nottingham seconded the motion and the motion
carried unanimously.
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Resolution No. 93-29, Series of 1993, A RESOLUTION APPROVING A
CONDOMINIUM FINAL PLAT FOR RIDGELINE CONDOMINIUMS, LOT 4, BLOCK 1,
WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
Mr. Wood stated this is a condominium plat for four condominium
units on an eight unit approved site plan. This is phase 1.
Staff has reviewed and recommends approval.
Councilor Nottingham motioned approval of Resolution No. 93-29,
Series of 1993. Councilor Fawcett seconded the motion and the
motion carried unanimously.
First item added to the Agenda under unfinished Business was
Discussion on the "Basket Dance" Statue Pedestals.
Councilor Nottingham questioned if the pedestal for "Basket
Dance", the three ladies, will be ready by August 1st. Mr. James
informed we are having.a very difficult time finding anyone to
build the pedestal. Everyone is so busy, however, Gallegos may be
able to do it. Mr. James added he is looking into doing both
pedestals. There is no way the pedestal will be ready by August
1st.
First item under New Business was an Elevator Inspection Program
Councilor Hines read a letter ofagreement from Northwest Colorado
Council of Governments, "Background:. In 1992, Building Inspectors
in Region XII approached the NWCCOG Board of Directors and
requested the implementation of a regional elevator inspection
program".- Councilor Hines added there is currently not one in
place. "The purpose of the program will be to enforce the
American National Standards Institute A17.1-1 Safety Codes for
elevators, escalators, dumbwaiters, and.moving walks. After
analyzing the need, costs and safety value of the program the
NWCCOG Board decided that regional sponsorship is appropriate and
the program will be-,a Valuable-.service to our membership": The
burden of inspection has fallen on-those installing the elevators
and concerns arose of those inspections not actually being done.
500 elevators have already been inspected. The Town of Avon is
being requested to adopt Section A17.1-1 into our Building Codes
so that there is enforceability. The fee will go directly back
into the program to fund it. In accordance with public health,
safety, and welfare we should support this program. A letter of
intent is also requested from the Town, along with passage of the
Ordinance. NWCCOG has hired William Hulse as the Elevator
Inspector.
Discussions followed regarding fees, elevator inspector, and other
communities that have accepted this.
Attorney Dunn mentioned the Town could send a letter of intent
contingent on final adoption of the Ordinance.
Mayor Reynolds questioned notifying people in Town that have
elevators since-they are the ones responsible for payment once the
Ordinance is passed. Councilor Hines noted NWCCOG will do that
for the Town. Councilor Hines informed the Town, according to
NWCCOG, has 22 elevators.
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Councilor Hines suggested tabling the reading-of the ordinance for
this evening, sending a letter of intent to NWCCOG, and discussing
further with NWCCOG the procedure to educate the people involved.
Council's consensus was to send the letter of intent to NWCCOG and
directed'Attorney Dunn to so. Councilor Hines volunteered to
contact-Linda with NWCCOG for help in educating the people.
Next item added to the. Agenda under New Business was an Early
Learning Update.
Councilor'Nottingham mentioned the invitation, from the Early
Learning,Center Project, to take a tour. The tour is to Leadville
August 26th and Councilor Nottingham reminded all to R.S.V.P. 'if
interested.
Also, .4 meeting -is scheduled here for Thursday to discuss a
possible center in Avon within the next year or two.
The Financial Matters were next presented to Council.
Councilor Nottingham motioned to receive items #1 through #3 and
approve items #4 through #5. The motion was seconded by Councilor
Hines and carried unanimously.
Next presented to Council were the Council Meeting Minutes.
Councilor Roof motioned approval of the June 27, 1993 Regular,
council meeting minutes as presented. The motion was seconded by
Councilor Hines. The motion carried unanimously.
There being no further business to come before Council, Mayor
Reynolds called for a motion to adjourn. Councilor Hazard moved
to adjourn. The motion was seconded by Councilor Fawcett. The
meeting was adjourned by Mayor Reynolds at 12:52am.
RESPECTFULLY SUBMITTED:.
Patty N
Clerk
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