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
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Respectfully submitted,
Kent lt. ose, Mayor
WA
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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
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on Deceftw M 1eB9....