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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 RESMCTFULLY SUBMITTED: