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URA Agenda & Minutes 08-28-2007AVON URBAN RENEWAL AUTHORITY TUESDAY, AUGUST 28, 2007 AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD AUTHORITY AGENDA MEETING BEGINS AT 4 PM 1. CONVENE MEETING 2. APPROVAL OF AGENDA 3. NEW BUSINESS a. Avon Urban Renewal Authority Overview & Board Orientation (Anne Ricker, Leland Consulting) Review of Authority powers and functions, responsibilities of commissioners and other general issues b. Depfa Bank Term Letter and Presentation of Proposed Timetable & Terms for issuing Tax Increment Revenues Bonds (David Bell, Stifel Nicolaus) Review details of Tax increment financing 4. RESOLUTIONS a. Resolution No. 07-01, Series of 2007, A Resolution to approve the Bylaws of the Avon Urban Renewal Authority (Scott Wright, Asst. Town Manager Finance, Randy Funk, Sherman & Howard) Attached are the proposed bylaws of the Avon Renewal Authority which set forth terms and requirements to effectuate certain provisions of Colorado State Statutes and Urban Renewal Law b. Resolution No. 07-02, Series of 2007, A Resolution to appoint certain officers and agents of the authority, A Resolution appointing Sherman & Howard L.L.C. as General Counsel to the Authority and appointing Stan Bernstein and Associates, Inc. as financial consultant to the Authority (Scott Wright, Asst. Town Manager Finance, Randy Funk, Sherman & Howard) The respective engagement letters from each firm set forth the scope of their engagement, hourly rates and other matters c. Resolution No. 07-03, Series of 2007, A Resolution to approve a Cooperation Agreement between the Town of Avon, Colorado and the Avon Urban Renewal Authority (Scott Wright, Asst. Town Manager Finance, Randy Funk, Sherman & Howard) The cooperation agreement between the Avon Urban Renewal Authority and the Town of Avon sets forth several key financial and operating policies regarding the two entities Resolution No. 07-04, Series of 2007, A Resolution to designate a public place within the boundaries of the Authority where notices of meetings of the Authority's Board of Commissioners shall be posted (Scott Wright, Asst. Town Manager Finance, Randy Funk, Sherman & Howard) This resolution designates the public places whereby meeting notices will be posted during 2007; adopted annually at the first regularly scheduled Authority meeting of each calendar year 5. ADJOURNMENT AT 5:15 PM Avon Council Meeting. 07.08.28 Page 2 of 4 MINUTES OF THE AVON URBAN RENEWAL AUTHORITY HELD AUGUST 28, 2007 The Avon Urban Renewal Authority meeting was held at the Avon Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at 4:30 PM. A roll call was taken and Council members present were Rich Carroll, Dave Dantas, Amy Phillips, Brian Sipes and Tamra Nottingham Underwood and Kristi Ferraro. Also present were Town Attorney John Dunn, Town Manager Larry Brooks, Administrative Services Director Patty McKenny, Administrative Services, Justin Hildreth Town Engineer. Town Manager Finance Scott Wright, Community Development Director Eric Heidemann, Public Works/Transportation Director Jenny Strehler, and Community Relations Officer Becky Lawlor, as well as members of the press and public. NEW BUSINESS Scott Wright, Asst Town Manager Finance, presented the Avon Urban Renewal Authority Overview & Board Orientation explaining the Authority powers and functions, responsibilities of commissioners and other general issues. He commented on the Urban Renewal Plan & Area that was adopted at an earlier meeting, the process leading up to the adoption of the plan, the adoption of the Blight Study, the designation of state statutes driven titles for those serving on the Authority and serving the Authority, and when meetings take place, including special meetings. After some discussion about the topic of ethics & code of conduct, Council asked that an "ethics policy" be drafted for consideration at a later date. Discussion also ensued on whether or not to include an interest accrual on the bond funds. Further items that would need Authority action included a 2008 budget, certification of property taxes, and review of initial projects for the implementation of the Avon Town Center West Plans. David Bell, Stifel Nicolaus, explained the Depfa Bank Term Letter and presented the proposed Timetable & Terms for issuing Tax Increment Revenues Bonds. Some items that were reviewed included the details surrounding tax increment revenue bonds, variable rate financing, and details of the proposed letter of credit facilities. He noted final decisions related to the financing are slated for late 2007 and bond issuance taking place spring 2008. The implementation & phasing of the Town Center West projects were described as well. RESOLUTIONS Rich Carroll asked to recuse himself from voting on Resolution No. 07-02 due to a conflict of interest with the topic (due to a family relationship with legal counsel). Randy Funk, Sherman & Howard, presented the following resolutions: A review of Resolution No. 07-01, Series of 2007, A Resolution to approve the Bylaws of the Avon Urban Renewal Authority was made. The resolution adopts the proposed bylaws of the Avon Renewal Authority and sets forth terms and requirements to effectuate certain provisions of Colorado State Statutes and Urban Renewal Law. Councilor Underwood moved to approve Resolution No. 07-01, Series of 2007, A Resolution to approve the Bylaws of the Avon Urban Renewal Authority with revision to Article IV, Section 3 removing last part of sentence. Mayor Pro Tern Sipes seconded the motion and it passed unanimously. It was noted that the Chairman may vote on matters. Councilor Carroll left the room for this vote. A review of Resolution No. 07-02, Series of 2007, A Resolution to appoint certain officers and agents of the Authority, A Resolution appointing Sherman & Howard L.L.C. as General Counsel to the Authority and appointing Stan Bernstein and Associates, Inc. as financial consultant to the Authority. It was noted that the respective engagement letters from each firm set forth the scope of their engagement, hourly rates and other matters. Councilor Ferraro moved to approve Resolution No. 07-02, Series of 2007, A Resolution to appoint certain officers and agents of the authority, A Resolution appointing Sherman & Howard L.L.C. as General Counsel to the Authority and appointing Stan Bernstein and Associates, Inc. as financial consultant to the Authority. Councilor Underwood seconded the motion and it passed unanimously by those members present (Carroll recused due to conflict of interest). Councilor Carroll returned to the podium at this time. A review of Resolution No. 07-03, Series of 2007, A Resolution to approve a Cooperation Agreement between the Town of Avon, Colorado and the Avon Urban Renewal Authority was made. The cooperation agreement between the Avon Urban Renewal Authority and the Town of Avon sets forth several key financial and operating policies regarding the two entities was reviewed. Councilor Ferraro moved to approve Resolution No. 07-03; Councilor Phillips seconded the motion and it passed unanimously. A review of Resolution No. 07-04, Series of 2007, A Resolution to designate a public place within the boundaries of the Authority where notices of meetings of the Authority's Board of Commissioners shall be posted was made. It was noted that this resolution designates the public places whereby meeting notices will be posted during 2007; adopted annually at the first regularly scheduled Authority meeting of each calendar year. Councilor Carroll moved to approve Resolution No. 07-04; Councilor Phillips seconded the motion and it passed unanimously. Mr. Funk noted that the requirement at this time was Authority approval of the package presented before them by Mr. Bell. Councilor Carroll moved to authorize the Chairman and Secretary to approve the term sheets by executing the Depfa letter; Councilor Ferraro seconded the motion and it passed unanimously. Councilor Underwood asked about whether or not there was formal follow up to the Eagle County comments; it was noted that typically there are no formal responses, but rather the comments are just included with the materials. There being no further business to come before the Council, the regular meeting adjourned at 5:15 PM. RESPECTFULLY SUBMITTED: Patty McK uthority Clerk APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting Page 2 of 2 URA 07-08-28