TC Minutes 02-12-20020
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MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD FEBRUARY 12, 2002
A regular meeting of the Town of Avon, Colorado was held in the Municipal Building,
400 Benchmark Road, Avon, Colorado in the Council Chambers.
Mayor Judy Yoder called the meeting to order at 5:30 PM. A roll call was taken with
Councilors Michael Brown, Debbie Buckley, Peter Buckley, and Mac McDevitt present.
Councilor Rick Cuny and Mayor Protem Buz Reynolds were absent. Also present were
Town Manager Bill Elting; Town Attorney John Dunn, Assistant Town Manager Larry
Brooks, Town Clerk Kristen Nash, Human Resource Director Jacquie Halburnt, Police
Chief Jeff Layman, Town Engineer Norm Wood, Public Works Director Bob Reed,
Transportation Director Harry Taylor, and Community Development Director Ruth
Borne as well as members of the press and public:
Citizen Input:
Ms. Martha Miller, Mr. Cliff Thompson,, and Mr. Ken Rhoads of the Eagle County Trails
Committee approached the Council. Ms. Miller stated that it is the goal of the trails
committee to connect the bike path from Vail Pass to Glenwood Canyon. She stated that
the next section that they are working on'is the Dowd Junction to Avon section. She
stated that they estimate that section to cost $3.5 million. She stated that the most
expensive part of that section would be the area-by the River Run Apartments. Ms.
Miller stated that the committee has appreciated all of the Town's efforts in the past to
support trails. She said that tonight they are here to talk to the Council about the trail on
the north side of I-70, which will connect to the trail in Dowd Junction. She said that
they have secured the easement on the south side through the Village at Avon, and. are
now looking at the north side. They are asking the Town, while reviewing plans for the
Village at Avon, that they possibly secure an easement or a financial contribution from
the developer for the north side of I-70.
Assistant Town Manager Brooks will discuss the issue with Mr. Bill Post, of the Village
at Avon, at their meeting tomorrow.
Ordinances:
Second Reading of Ordinance No. 02-02, Series of 2002, An Ordinance Repealing' and
Reenacting Provisions of Chapter 15.36 of the Avon Municipal Code
Mayor Yoder stated this is a public hearing.
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Comm. D& v. Director Bome stated that this ordinance would update the building code to
be in compliance with the Division of Housing's new rules and regulations. It also
updates the code so the language is correct.
There being no comments from the public, Mayor Yoder closed the public hearing.
Councilor McDevitt motioned approval of Ordinance No. 02-02, Series of 2002.
Councilor Brown seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
First Reading of Ordinance No. 02-03, Series of 2002, An Ordinance Authorizing and
Directing the Issuance of up to $15,305,000 of the Town's Multifamily Housing Revenue
Bonds (GNMA Mortgage-Backed Securities Program - Buffalo Ridge II Apartments
Project), Series of 2002, the Execution and Delivery of a Financing Agreement, a Trust
Indenture, a Bond Purchase Agreement, and Related Documents; Authorizing and
Directing the Execution and Delivery of Such Bonds; Making Certain Determinations
with Respect Thereto; Providing for the Principal Amount, Numbers, Provisions for
Redemption and Tender and Maturity of, and Rates of Interest on the Bonds; Requesting
the Trustee to Authenticate the Bonds; Authorizing Investments; Authorizing Incidental
Action; and Repealing Inconsistent Actions
Mr. Calvin Hanson of Sherman and Howard, special counsel to the Town to review the
documents on the Town's behalf, stated that this is a private activity bond issue for a
multifamily housing project, largely'directed at employee'housing. The maximum
principal amount is $15,305,000. He stated that the borrower is a partnership called
Buffalo Ridge II, LLP, and they are applying for an FHA HUD insured mortgage, which
will finance the project. The proceeds of the bonds will be used to purchase certain pass
through securities, which gives the Town an interest in the mortgage. That mortgage will
pay off the bondholders. From a private activities point of view;. it is a very secure
transaction. The borrower has submitted their proposal to FHA HUD and they are in the
review process now, which is moving along-contemporaneously with.the Town's
.approval.
Mr. Hanson stated that the.bonds are issued under an Act that allows the Town to issue
the bonds on behalf of a private entity: The Town has no debt or financial obligation on
the bonds; they are strictly paid from project revenues.
Councilor Peter Buckley confirmed that the Avon taxpayer is not at risk. Mr. Hanson
confirmed.
Regular Council Meeting
February 12, 2002
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Mr. Hanson -stated that the Town will enter into a financing agreement, which is basically
a loan instrument with the borrower and they are obligated to make payments under that
loan.
Councilor Peter Buckley confirmed that the reason the Town is doing this is to provide
more affordable housing and not put the Avon taxpayer at risk in the process.
Councilor Brown motioned approval of Ordinance No. 02-03, Series of 2002 on first
reading. Councilor Debbie Buckley seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
Resolutions:
Resolution No. 02-04, Series of 2002, A Resolution Authorizing a Contract with the
Colorado Department of Transportation Relatirig~to'the Maintenance of a Proposed
Roundabout Intersection at Post Boulevard and State Highway 6 in' the Town of Avon
Town Engineer Norm Wood stated that CDOT (Colorado Department of Transportation)
has requested that the Town accept maintenance responsibilities of the proposed -
roundabout at Post Blvd. This.agreernent is similar,to the agreement of 'the Avon Road
roundabouts, in which they did-not want to maintain them either. 'In this case, the Town
has a cost recovery with Traer Creek that essentially the, Town will be responsible and
Traer,Creek will reimburse the cost associated with street maintenance. Staff
recommends approved.
Councilor Debbie Buckley motioned approval of Resolution No. 02-04, Series of 2002.
Councilor McDevitt seconded the motion. The motion carried unanimously.
Other Business:
Councilor Peter Buckley stated that the new date for the permanently assigned Postmaster
has been changed to March 11, 2002.
Also, Mr. Buckley stated that the FAA no longer allows commercial mail to go on
commercial aircraft from the US Postal Service so mail that leaves here is now going by
truck.
Consent Agenda:
a.) Approval of the January 22, 2002 Council Meeting Minutes
Regular Council Meeting
February 12, 2002
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b.) Approval of the January 8, 2002 Housing Authority Meeting
c.) Resolution No. 02-03, Series of 2002, A Resolution Approving the Final Plat,.
a Resubdivision of Lot 6, Block 3, Wildridge, Town of Avon, Eagle County,
Colorado
d.) Resolution No. 02-07, Series of 2002, Notice of Meetings
Councilor Debbie Buckley motioned approval of the Consent Agenda. Councilor Brown
seconded the motion. ' The motion carried unanimously.
Therebein_ g no further business to come before the Council, Councilor McDevitt
motioned to adjourn the meeting. Councilor Brown seconded the motion. The motion
carried unanimously and the meeting adjourned at 5:44 PM.
Y SUBMITTED:
n Nash
To\ain Clerk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Rick Cuny
Mac McDevitt
Buz Reynolds
Judy Yoder
Regular Council Meeting 4
February 12, 2002