TC Minutes 04-23-2002•
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MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD APRIL 23, 2002
A regular meeting of the Town- of Avon, Colorado was.h'eld in the Municipal Building, 400
Benchmark Road; Avon, Colorado in the Council Chamber's
Mayor Judy Yoder called the meeting to~ordei at 5:30,PM. A roll call was taken with. Councilors
Debbie Buckley, Peter Buckley, Rick Cuny, Mac McDevitt, and Mayor Protem Buz Reynolds
present. Absent was Councilor Michael Brown. Also present were Town Manager Bill Efting,
Assistant Town Manager Larry Brooks; Town Attorney Johri Dunn, Town Clerk Patty
McKenny, Human Resource Director Jacquie Halbumt, Town Engineer Norm Wood, Recreation
Director Meryl Jacobs, Public Works Director Bob Reed, Transit,.Director Harry Taylor, Comm.
Dev. Director Ruth Borne, as well as`niembers of the press acid public.
Citizen Input
Rick Sackbauer was present to provide an overview of the services provided by Eagle River
Water Sanitation District. An upcoming tax levy increase is proposed for the May election and
he wanted to provide information to the. Council and general public about the ballot' question.
Mr. Sackbauer read into the record the Deed 'of Easement entered into between ERWSD and the
Town of Avon.
Mayor Judy Yoder presented awards to the following employees of Avon for their extra efforts
spent on their job:
■ Police Officer Steve Hodges, Police
■ Gary,Padila, Public Works
LeRoy Roybal, Public Works
■ Ed Ying, Transit
■ Stacy Mays, Human Resources
Ordinances
Town Attorney John Dunn presented Ordinance No. 02-06 referring to it as housekeeping in
nature. It was drafted to address the tax credit issue with regard to the Village at Avon.
Councilor Reynolds moved to approve Ordinance No. 02-06, Series 2002 on first reading, an
Ordinance Amending Title 3 of the Municipal Code of the Town of Avon relating to Tax Credits
within the Village (At Avon).
McDevitt seconded the motion and it passed unanimously by the members present (Brown
absent).
Town Attorney John Dunn presented Ordinance No. 02-07, Series 2002 referring to it as another
housekeeping ordinance. It was written to replace an old application form for exemptions from
the real estate'transfer tax and its current form was streamlined to create a more efficient form.
Councilor Reynolds moved to approve Ordinance No. 02-07 on first reading, an Ordinance
amending Chapter 12 of Title 3 of the Municipal Code of: the Town of Avon relating to forms for
application for exemptions from the Real Estate Transfer Tax.
McDevitt seconded the motion and it passed' unanimously .by the members present (Brown
absent).
Mayor Yoder noted that a public hearing would be held on each Ordinance at the next regularly
scheduled Council meeting on May 14, 2002.
Resolutions
The Buffalo Ridge Housing project is 244 rental units constructed within 15 buildings. The
project, which is being constructed as part of the affordable housing obligation of the Village at
Avon is receiving funding and support from a variety of sources. Assitant Town Manager Larry
Brooks reminded the Council that Resolutions 02-05 and 02-06 authorize funding for the same
project, Buffalo Ridge I & II.
Buffalo Ridge Affordable Housing Corporation was created to oversee the 68 units of Buffalo
Ridge I Apartments Project and is associated with the issuance of bonds identified in Resolution
No. 02-05. This Resolution approves the issuance of 63-20 bonds in an amount up to
$10,500,000. The final pricing had not yet occurred on these bonds.
Buffalo Ridge II LLLP was created to oversee the 176 units of Buffalo Ridge II Apartments
project and is associated with the issuance of bonds identified in Resolution NO. 02-06. This
resolution is the pricing resolution for the Private Activity Bonds (PAB) and were previously
approved by Ordinance. Since the bonds have already been priced, this resolution served to
approve the specific terms of the issuance.
The Council was again reminded that these bonds do not result in any pecuniary liability for the
Town of Avon.
Kim Casey, with Hogan & Hartson, was present to read into the record the two resolutions,
provide a review of the transactions, and answer any questions. Councilor R. Buckley noted one
last time that the taxpayers of Avon would not make any payments on this debt if Council
approved the Resolutions. Ms. Casey responded saying that the debt payments would be made
by the revenues generated by the project.
Councilor Reynolds moved to approve Resolution No. 02-05, Series 2002, A Resolution
Approving the Issuance.By Buffalo Ridge Affordable Housing Corporation 'Of Multifamily
Housing Project Revenue Bonds (GNMA Mortgaged-Backed Securities Program) Series 2002,
In An Aggregate Principal Amount Of $10,500,000; Authorizing A Project Agreement, A
Financing Agreement, A Mortgage And A Mortgage Note; And Authorizing Incidental Action.
Councilor D. Buckley seconded the, motion and the Resolution passed unanimously by those
members present (Councilor Brown absent).
Regular Council Meeting
April 23, 2002
Councilor D. Buckley moved to approve Resolution No. 02-06, Series 2002, A Resolution
Approving Certain Terms Of $15,650,000 Of The Town's Multifamily Housing Revenue
Bonds(GNMA Mortgage-Backed Securities Program - Buffalo Ridge II Apartments Project),
Series 2002, Ratifying The Executing And Delivery Of A Bond Purchase Agreement;
Authorizing Incidental Action; And Repealing Inconsistent Actions.
Councilor McDevitt seconded the motion and the Resolution passed unanimously
Town Engineer Norm Wood presented Resolution No.02-20 - a Final Plat and Subdivision
Improvement Agreement for the Village (at Avon) Filing 2 'submitted by Buffalo Ridge
Affordable Housing Corporation and Traer Creek LLC. The SIA provides for construction for
the public improvements required to serve the proposed subdivision and for the provision of
securities to assure completion of the improvements. Norm noted several minor changes made
to the agreement. A revised copy was distributed that evening. Jeff Spanel, Intermountain
Engineering, was present to answer a few questions from Council.
Councilor McDevitt moved to approve Resolution No. 02-20, Series 2002, A Resolution
approving Final Plat and Subdivision Improvements Agreement for the Village (at Avon) Filing
2, Town of Avon, Eagle County, Colorado.
Councilor D. Buckley seconded the motion and the Resolution passed unanimously by all
members present (Brown absent).
The Council expressed gratitude and appreciation to both Larry Brooks and Norm Wood for all
their, concentrated efforts on this project for the Town.
Other Business
Councilor P. Buckley noted that AT&T Broadband-high speed connection, would be available to
Town of Avon and Eagle-Vail residents beginning June 18th.
Consent Agenda
a) Approval of the April 9, 2002 Council Meeting Minutes
Mayor Yoder asked for a motion on the Consent Agenda. Councilor D. Buckley moved to
approve the Consent Agenda. Councilor Reynolds seconded the motion. The motion was
carried unanimously.
There being no further business to come before the Council, Councilor McDevitt motioned to
adjourn the meeting. Councilor Brown seconded the' motion. The meeting adjourned at 6 PM.
Regular Council Meeting 3
April 23, 2002
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RESPECTFULLY SUBMITTED:
pa-z~y , - ge
LQ-~
Pa Bie le- cKenny, Town Cler cU
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Rick Curly
Mac McDevitt
Buz Reynolds
Judy Yoder
s
Regular Council Meeting
April 23, 2002