TC Minutes 03-11-2003MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD MARCH 11, 2003
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 Buz Reynolds called the meeting to order at 5:30 PM. A roll call was taken with
Councilors Michael Brown, Debbie Buckley, Peter Buckley,_ Brian Sipes, Ron Wolfe and Mayor
Pro Tern Mac McDevitt present. Also present were Town.Manager Larry Brooks, Town Attorney
John Dunn, Town Clerk Patty McKenny, Human Resource Director Jacquie Halburnt, Town
Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works Director Bob Reed,
Transit Director Harry Taylor, Finance Director Scott Wright, . Police Chief Jeff Layman,
Community Development Director Ruth Borne, as well as members of the press and public.
Citizen Input
Don Cohen and Am Menconi, Eagle County Commissioner, were present to address the
Council about the formation of the Vail Valley Economic Council. The Council is the outgrowth
of many meetings engaging community leaders that have taken place throughout the Valley
corridor. Don Cohen presented the business plan of the economic council and expressed
interest in. getting Council feedback. He noted that the Council would serve as an organization
that would provide a more strategic role in economic development. He spent some time
explaining the mission, vision and objectives of the organization as well as describing a unique
economic model for the valley. He indicated that the funding sources would be targeted at
primarily the private sector as well as, hopefully, some funding from the public sector. The
Town Council -showed support for the formation of the Vail Valley Economic Council by
providing some seed money for its initial development.
Ordinances
Public Hearing - Second Reading
Town Attorney John Dunn presented Ordinance No. 03-05, an Ordinance refunding bonds for
the Kroger Company noting that no changes had been made. He again reminded the Council
that the passage of this Ordinance did not present any potential liability to the Town. Mayor
Reynolds opened the public hearing, no comments were made and the hearing was closed.
Councilor McDevitt moved to approve Ordinance No. 03-05, Series of 2003, on first reading, an
Ordinance Authorizing The Issuance Of Not To Exceed $2,745,000 Adjustable Rate Demand
Industrial Development Revenue Refunding Bonds, Series 2003 (The Kroger Co.) Of The Town
Of Avon, Colorado (The "Issuer"), The Proceeds Of Which Shall Be Loaned To The Kroger Co.
For The Purpose Of Providing Funds For The Refunding Of Bonds Previously Issued By The
Issuer To Refinance Costs Of A "Project" Within The Meaning Of The Colorado County And
Municipality Development Revenue Bond Act; Authorizing A Loan Agreement And Trust
Indenture Appropriate For The Protection And Disposition Of Such Revenues And To Further
Secure Such Bonds; Authorizing A Bond Purchase Agreement And Tax Regulatory Agreement
And. Authorizing Other Actions In Connection With The Issuance Of Such Bonds. Councilor
Sipes seconded the motion and it passed unanimously.
Town Engineer Norm Wood presented Ordinance No. 03-06 - An Ordinance Authorizing
Conveyance of Lots 2, and 3, Resubdivision of Lots 1,2,3,4, and 5 McGrady Acres for second
reading. He noted that the Resubdivision of Lots 1, 2, 3, 4 and 5 along with reconfiguration of
public road rights-of-way has resulted in various lot lines and road rights-of-way overlapping lot
lines and rights=of--way in the original subdivision. This has created potential conflicts of
ownership between the old and new property lines. The Bargain and Sale Deeds (included in
the packet) resolves these ownership issues and clarifies title to the properties conforming to
the current subdivision and lot lines. The Ordinance authorizes the Town to execute the
Bargain and Sale Deed conveying Lots 2 and 3, McGrady Acres to Traer Creek-RP, LLC.
Mayor Reynolds opened the public hearing, no comments were made and the hearing was
closed. Councilor D. Buckley moved to approve Ordinance No. 03-06 on second reading, an
Ordinance Authorizing Conveyance of Lots 2, and 3, Resubdivision of Lots 1,2,3,4, and 5
McGrady Acres. Councilor Brown seconded the motion and it passed unanimously.
Resolutions
Public Hearing
Town Engineer Norm Wood presented Resolution No. 03-12, Series Of 2003, A Resolution
Approving The Preliminary Condominium Map, Barrancas, A Resubdivision Of Lot 40, Block 1,
Benchmark At Beaver Creek - Amendment No. 7, Town Of Avon, Eagle County, Colorado
(0491 Metcalf Road). He informed the Council that Barrancas, LLC, owners of the property
above, submitted a Preliminary Condominium Map to resubdivide the property, a condominium
subdivision of a lot being developed, creating 18 condo units. Staff has mailed Public Hearing
notices to the adjacent property owners. He noted that the Resolution had been tabled at the
last meeting. Mayor Reynolds opened the public hearing, no comments were made and the
hearing was closed. Councilor D. Buckley moved to approve Resolution No. 03-12, Series of
2003, a Resolution Approving The Preliminary Condominium Map, Barrancas, A Resubdivision
Of Lot 40, Block 1, Benchmark At Beaver Creek - Amendment No. 7, Town of Avon, Eagle
County, Colorado (0491 Metcalf Road). Councilor Brown seconded the motion and it passed
unanimously.
Town Attorney John Dunn presented Resolution No. 03-13, Series of 2003, A Resolution
Authorizing a Petition for Exclusion of EagleBend Subdivision from Eagle Vail Metropolitan
District and Agreeing to Provide to EagleBend the Service now provided by Eagle-Vail
Metropolitan District. He referred to his memo (included in the packet)" that outlined the steps
required in order to exclude EagleBend from Eagle-Vail. Adequate water rights remain an
issue. Councilor P. Buckley asked about the estimated costs required to resolve the situation.
John Dunn indicated that that costs is still estimated between $55K and $80K. The Court could
determine that the town cover these costs and determine the price as well. Some discussion
occurred regarding the creation of a special improvement district to pay for the costs involved
and whether or not that would occur prior to the town approving the resolution. There were no
EagleBend property owners present to discuss the status of the situation. Councilor D. Buckley
moved to table Resolution No. 03-13, Series of 2003. Councilor Sipes seconded the motion
and it passed unanimously.
Town Manager Report
Larry Brooks reminded the Council of the invitation to the open house on Friday for the opening
of the Buffalo Ridge Multifamily housing project.
Mayor's Report
Mayor Reynolds noted that the meeting scheduled for Thursday would begin at noon at Beaver
Creek Lodge and those invited included Town of Avon, Town of Vail, Beaver Creek Metro
District and the Eagle County Commissioners.
Consent Agenda
Mayor Reynolds asked for a motion on the Consent Agenda items. Councilor D. Buckley
moved to approve the consent agenda (included only prior meeting minutes). Councilor
McDevitt seconded the motion and it passed unanimously.
Regular Council Meeting Page 2 of 3
March 11, 2003
There being no further business to come before the Council, the meeting adjourned at 6 PM.
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting Page 3 of 3
March 11, 2003
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