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HomeMy WebLinkAbout1989-12-26 Town Council MinutesMINUTES VAIL TOWN COUNCIL SPECIAL MEETING DECEMBER 26, 1989 3:00 P.M. A special meeting of the Vail Town Council was held on Tuesday, December 26, 1989, at 3:00 p.m., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: MEMBERS ABSENT: TOWN OFFICIALS PRESENT: Kent Rose, Mayor Tom Steinberg, Mayor Pro Tem Jim Gibson Mery Lapin Lynn Fritzlen Robert Levine Peggy Osterfoss Ron Phillips, Town Manager Larry Eskwith, Town Attorney Before items on the agenda were discussed, Ron Phillips reviewed the history of the project for land for recreational and employee housing plans. He gave chronological background information up to date. He then gave a summation of the negotiations • over the last several months up to now. At this time, Larry Eskwith asked for a few minutes to speak to Nola Dyal of Vail Associates, Inc. Mery Lapin commented he appreciated the sign that was put up stating the Village parking structure was full, but still felt there should be a sign directing people to Lionshead parking structure. Ron Phillips stated it would be taken care of. There was then some discussion regarding the number of bus drivers and the Possibility of extended hours of service. It was learned it would not be possible at this time, as the bus department was down several drivers. Council recessed for a few minutes. When the meeting reconvened, Larry Eskwith introduced Jim Kurtz -Phelan, of Berenbaum and Weinshienk, who was helping the Town with the due diligence for the purchase of the Berry Creek 5th Filing property. Larry then noted some conditions included in the assignment which Vail Associates wanted removed, but they agreed the contract would not be signed until the conditions were met. Larry reviewed the conditions, their ramifications, and potential risks to the Town. There was some discussion by Council, and Larry answered questions. Larry stated the Council could not approve .financing at this point, as there was no final draft of the promissory note done. He stated there would have to be another special meeting and recommended Friday, December 29, 1989. He then went over the conditions that needed to be met. After some discussion and questions by Council, Larry then reviewed the conditions the Town would be required to do after the purchase. There was some discussion regarding rezoning the property for employee housing. Jim Kurtz -Phelan answered questions of Council regarding the due diligence and development costs. Larry commented the intergovernmental agreement between the Town of Avon, Eagle County, and the Town of Vail was being worked on, but was not completed yet. There was some discussion by Council regarding a special meeting for Friday and the possibility of no quorum; Mery Lapin was the only one who would have a problem attending. Mayor Rose stated he understood the risks the Council should be aware of, but saw no problem going forward. Larry stated there was no risk putting off the items on the agenda for vote until Friday; the Council would have to wait to vote on the financing until Friday anyway. There was then some discussion regarding the Miller property, and the five acres of the June Creek property (Parcel B) which will, supposedly, be given to the Town of Vail because of access problems. At this time, Ron Phillips suggested the Council act on the assignment without the three conditions - 1) the boundary dispute, 2) the Eagle Association deed of trust, and 3) the right of first refusal. He suggested they approve the assignment with these things: Items C, D, and F on page 2 of the assignment be deleted, and add the condition that we obtain a satisfactory opinion from our special water counsel, Dave Robbins, that there is sufficient irrigation rights to develop the property as we intend to do. Larry Eskwith stated the conditions would have to be satisfied before the Council could executed the assignment, and he would tell Council Friday if the f . I conditions had been satisfied. Mery Lapin made a motion to approve the assignment of the contract between George Gillett and the Town of Vail, without conditions C, D, and F on page 2 of the assignment, but add the condition that approval was subject to obtaining satisfactory opinion from our water attorney, Dave Robbins, that there are sufficient irrigation rights to develop the property as we intend to do, and that the conditions deleted must be met, but would not be a part of the contract, before the contract is signed. Jim Gibson seconded the motion. A vote was taken and the motion passed unanimously 4-0. Mayor Rose announced there would be a special meeting of Council Friday, December 29, 1989, 3:00 p.m., in the Council Chambers, considering the resolutions and financing ordinance for the purchase of Berry Creek 5th Filing. At this time, Jim Gibson remarked the people involved in this should be commended - Jim Stovall, Jerry Davis, John Slevin, Ron Phillips, Larry Eskwith, Don Welch, and Jim Fritze - for their outstanding effort. Larry added that John Slevin had done an incredible effort in the negotiations. There being no further business, the meeting was adjourned at 4:30 p.m. • ATTEST: A. - Pamela... _-BranLt.�N�-� , Town Clerk Minutes taken by Brenda Chesman 0 Respectfully submitted, Kent lt. ose, Mayor WA 0 lowl - 75 south frontage road veil, colorado 81857 (303) 479-2136 PUBLIC NOTICE To be published in THE VAIL TRAIL Friday, December 22, 1989. PUBLIC NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a Special Meeting to be held on Tuesday, December 26, 1989, at 3:00 P.M., in the Council Chambers of the Vail Municipal Building, 75 South Frontage Road West, Vail, Colorado. To be considered at this Special Meeting are the following items: 1. Resolution No. 65, Series of 1989, a resolution approving an assignment of a purchase contract for the purchase of Berry Creek 5th Filing; and setting forth details in regard thereto. 2. Ordinance No. 33, Series of 1989, an ordinance approving financing for the purchase of Berry Creek 5th Filing and the Miller Ranch Parcel; and setting forth details in regard thereto. 3. Resolution No. 66, Series of 1989, a resolution approving financing for the purchase of Berry Creek 5th Filing and the Miller Ranch Parcel; and setting forth details in regard thereto. 4. Resolution No. 67, Series of 1989, a resolution approving the Agreement for the Miller Ranch Purchase Contract; and setting forth details in regard thereto. 5. Resolution No. 68, Series of 1989, a resolution approving an Intergovernmental Agreement between the Town of Avon, Eagle County,, and the Town of Vail, outlining issues such as future public use and financing contingencies for the Berry Creek 5th Filing and the Miller Ranch; and setting forth details in regard thereto. . All members of the public are invited to attend and be heard. TOWN OF VAIL Pamela A. Brandmeyer Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) )) ss. COUNTY OF EAGLE I, ALLEN KNOX do solemnly swear that I am the Publisher of THE VAIL TRAIL that the same is a weekly newspaper printed, in whale or in part and published in the County of Eagle, Sfiate of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than f fty-two consecutive weeks next prior to the first publication of the annexed legal no#+ce or advertisement; that said newspaper has been admitted to the United States mails as second class matter under the provisions of the Act of March 3,1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of AeL4- consecutive insertions and that the first publication of said notice was in the issue of said newspaper dated -�a if-� �� 4D. 19 SE and that the lost publication of said notice was in the issue of said newspaper dated '-�A aD. 19 M/ _ In ness whereof I have hereunto set my hand this day of A.D. 19 9C (f 9 Subscribed and swum to before me, a notary PIPlic in and foil a niy of Eagle, State of Colorado, this 10 --y of 11t A.D. 19 qO ' ,Az07j My commission expires '� -23 -q3 40 a on Deceftw M 1eB9....