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TC Minutes 02-26-2002MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD FEBRUARY 26, 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 meting to order at 5:30 PM. A roll call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley; Mac McDevitt, and Mayor Protem Buz Reynolds present. Councilor Rick Curry was absent.-. Also present were Town Manager Bill Efting, Assistant Town Manager Larry Brooks, Town Attorney John Dunn, Town Clerk Kristen Nash, Human Resource Director Jacquie Halburimt, Town Engineer Norm Wood, Public Works Director Bob Reed, Transit Director Harry Taylor, Planner Tambi Katieb, Planning Technician Eric Johnson, Building Official George Hoyt, Detective Mike Leake as well as members of the press and public. Citizen Input: Mr. Tripp Plavic, Tony Sharpf, and the Dantas Brothers approached the Council. Mr. Plavic stated that they are residents and builders in Avon and they are requesting that the Council amend the Design Review Guidelines requiring compliance deposits for construction. After discussion amongst the Council, Mayor Yoder stated that the Council would review the issue at the March 26, 2002 work session. Ordinances: Second 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 Mayor Yoder stated this is a public hearing. Assistant Town Manager Brooks stated that this.ordinance authorizes funding for 176 units of the Buffalo Ridge II housing project. The balance of the units will be funded- at a later date through a separate funding mechanism. This is all part of the obligation of the Village at Avon. The developer is required to supply 100 affordable units. They are developing 244 units, which 176 of the units will be funded through this bond., • • Mr. Brooks stated that these bonds- do not result in debt, indebtedness or financial obligation to the Town of Avon. That is stated in the documents as well as the ordinance. If they default, the Town has the option to pick it up, but is not obligated to do so. Mr. Brooks added that the Avon Town Council is a leader in the valley in affordability. The Town currently has 414 affordably based units. In addition, 622 units are committed for a total of 1,036 affordable units either completed or the Council is thinking about. He stated that this does not include the land trade that the Council is working on at this time. Mr. Brooks commended the Town Council. Councilor Peter Buckley confirmed that these ate employee housing that is open to the public, not restricted. Mr. Brooks stated that there is a tier of eligibility. Mr. Jack Gardner, of Hogan and Hartson,'stated that they are open to the public. He stated that both projects, the 176 units financed with these bonds as well as 68 units that will be financed through a 63-20 non-project'corporation, which is forthcoming in about a month, have been submitted to the Federal Housing and Urban Development Department for approval. Upon approval, •these'borids would be backed by GNMA securities. To get the approval, both projects must submit to affordability criteria. Mr. Gardner stated that purchasers must be employed within the county and this must be their principle residence. Mayor Protem Reynolds asked when the units would become'available on the market. Mr. Gardner stated the closing of the funding would be in mid April with occupancy coming on line beginning in the fall. There being no public comments, Mayor Yoder closed.the public hearing. Councilor Debbie Buckley motioned approval of Ordinance No. 02-03, Series of 2002. Councilor' Brown seconded the motion. Mayor Yoder asked for a roll call. The motion carried unanimously. Resolutions: Resolution No. 02-09, Series of 2002, A Resolution Authorizing a Contract with the Colorado Department of Transportation Relating to the Maintenance of Proposed Roundabouts at Post Boulevard and I-70 Interchange in the Town of Avon Town Engineer Wood stated that the Town has an agreement with the developer of the Village at Avon that the Town will provide maintenance on all streets and roads, including the roundabouts and the interchange at I-70. CDOT wants to take that another Regular Council Meeting February 26, 2002 step farther and have an agreement with theTown that the Town will provide maintenance on the roundabouts as well. It is an overlapping agreement. Staff recommends approval. Mayor Protem Reynolds confirmed what was.included in the maintenance as it is a broad term. Mr. Wood stated what'would be covered and added that the Village at Avon will reimburse the Town for all, costs; -so there is no cost to the Town. He also confirmed that it is the section under the Interstate as well as the roundabouts, but does not include the ramps. Councilor Debbie Buckley motioned approval of Resolution No. 02-09, Series of 2002. Councilor McDevitt seconded the motion. The"motion carried unanimously. Town Manager Report: Town Manager Efting stated that the log cabin would only be open on the weekends for ice-skating, and should last a couple more weekends. Mr. Efting stated that the Public Works department would be working on pothole repairs as weather permits. People can call Mr. Efting to report any potholes. Town Attorney Report: Town Attorney Dunn stated that he would be working to remedy the default by AT&T Broadband to provide high-speed cable internet service south of the railroad tracks and from Burger King to the east, as stated in their franchise agreement with the Town. Mr. Dunn also stated that he has provided a summary on the State Statute on Executive Session. Consent Agenda: a.) Approval of the February 12, 2002 Council Meeting Minutes b.) Resolution No. 02-08, Series, of 2002, A ResolutionA'pproving the Temporary Easement of Lot 30, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado c.) Resolution No. 02-10, Series of 2002, A Resolution Revising Fee Schedule "A" Pertaining to Fees for Building, Mechanical, Plumbing, Grading and Electrical Permits, Town of Avon, Eagle County, Colorado d.) Resolution No. 02-11, Series of 2002, A Resolution Affirming Avon Town Council's Compliance with HB 0152-1006, Concerning the Mandatory Adoption of Local Government Master Plans Regular Council Meeting February 26, 2002 • e.) Resolution No. 02-12, Series of 2002, A Resolution Adopting a Restated and Amended Plan Document for the Town of Avon Public Employees Money Purchase Pension Plan- f.) Resolution No. 02-13, Series, of 2002; A Resolution Adopting a Restated and Amended Plan Document for the Town of Avon Police Employees Money Purchase Pension Plan g.) Resolution No. 02-14, Series'of 2002; A Resolution'Amending a Deferred Compensation Plan . ! . h.) Resolution No. 02-15, ,Series.of 2002, A Resolution Approving and Authorizing Execution of a Pipeline Crossing Agreement with the Union Pacific Railroad Company as Required for Completion of the Metcalf Stormwater Drainage Project in the Town of Avon, Colorado Councilor Debbie Buckley motioned to approve the Consent Agenda as amended (Resolution No. 02-10, Series of 2002, was amended). Councilor Brown seconded the motion. The motion 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 motion carried unanimously and the meeting adjourned at 5:50 PM. Y SUBMITTED: Nash, Town Clerk APPROVED: Michael Brown Debbie Buckley Peter Buckley Rick Cuny Mac McDevitt Buz Reynolds Judy Yoder Regular Council Meeting February 26, 2002 v w -