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Home My WebLink About1989-12-29 Town Council MinutesMINUTES VAIL TOWN COUNCIL SPECIAL MEETING DECEMBER 29, 1989 3:00 P.M. A special meeting of the Vail Town Council was held on Friday, December 29, 1989, at 3:00 p.m., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor Lynn Fritzlen Jim Gibson Mery Lapin Peggy Osterfoss MEMBERS ABSENT: Tom Steinberg, Mayor Pro Tem Robert Levine TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Mery Lapin was not present at the time the meeting began. Mayor Rose asked that before discussing the resolutions and ordinance on the agenda, he would like general discussion with Ron Phillips and Larry Eskwith concerning the • land purchase. Ron Phillips stated there had been some question of the inclusion of Parcel B, and the question of right of first refusal conveyed to the Town of Vail at the time of closing; the Town would give an access easement to June Creek Ranch if they would give the others. Steve Barwick spoke about the general terms of the note from FirstBank of Vail for two million dollars. He then discussed short-term financing. Larry Eskwith commented he felt things were in reasonably good shape. He then went through the key issues that still existed: 1) the potential dispute over the overlapping boundaries with the Miller Ranch, and 2) the problems with the Parcel 3 deed of trust, because there was no promissory note. There was some discussion by Council regarding the possible dispute on both items. Larry then reviewed the water rights, stating they were not terrific, only adequate, because they were junior water rights only. At this time, Mery Lapin arrived. Larry reviewed the acre feet of water available and needed. He stated it may be necessary, if the Council decided to go forward, that they would have to purchase additional water rights, for the possible cost of $100,000, to insure we would have all the water we needed. There was some discussion of the.worst..an.d.most likely case scenarios, and more discussion regarding the water issue: -Larry--stated the •environmental hazard assessment, done by Woodward -Clyde, was resolved to his satisfaction. He also noted there were numerous easements on the property, all utilities easements. He stated they had such old, bad legal descriptions that a surveyor could not locate them. Larry added this could cause problems, but most likely, not. He then stated the Town had received a letter of commitment from FirstBank for $2 million. Larry stated at this time he would like to go into Executive Session with Council to review possible litigation problems regarding the property. After he answered questions of Council, it was moved to enter into Executive Session for a few minutes. When the meeting reconvened, Larry discussed the revised assignment Council had just received today, and explained the changes from the original assignment document. He then reviewed the restrictions to the Town under the assignment. Larry also noted the intergovernmental agreement had not been executed yet by all the parties. He then explained both resolutions and the ordinance, what they were for and what they would do. The first item on the agenda was Resolution No. 65, Series of 1989, approving an assignment of a purchase contract for the purchase of Berry Creek 5th Filing. Mery Lapin made a motion to approve the resolution, which Jim Gibson seconded. Peggy Osterfoss noted the Council was acting on this because it was important to have a large piece of property secured for use for employee housing. Larry requested Mery ISadd to the motion: On the condition a clause be added to the assignment, if George Gillett fails to exercise his right within six months, the Town of Vail can sell to anyone. Mery amended his motion, and Jim amended the second. Diana Donovan felt there was some land in the Town appropriate for the Town of Vail, and felt the County should be doing this, not the Town. John Slevin noted there were no real estate transfer tax funds used to buy this property, so those are still available for use. Hermann Staufer felt the Council should be concerned with Vail, not the county and down valley. He felt the Council was gambling with the Town's funds; he •would be willing to buy one or two employee housing units as he felt others would, too, but not to share with the county; the Council was not a bank or savings and loan; he felt we could solve our problem internally. Don Welch stated if the county election fails, the Town could sell to George Gillett or someone else, there was no risk. There was some discussion by Council regarding these concerns. Dalton Williams questioned what would happen if the vote failed and George Gillett did not buy the property back; what was the worst case scenario, to which Mery Lapin responded. Al Weiss commented the publicity for this public hearing had been poor and should have been held at night. He also felt the land was too far away for the Town's use, and the lack of enough water was important. He felt the purchase of the Berry Creek property was not a vital issue. Lynn Fritzlen, Mery Lapin, and Mayor Rose responded to Al's concerns. A vote was taken and the motion passed unanimously 5-0. The second item was Ordinance No. 33, Series of 1989, emergency reading, an emergency ordinance approving short-term financing for the purchase of Berry Creek 5th Filing. Mery Lapin made a motion to approve the emergency ordinance, which Jim Gibson seconded. Larry Eskwith asked that a condition be included in the motion, is to not sign the commitment letter until the assignment is executed. Mery amended his motion, and Jim amended the second. Al Weiss stated he felt the proposed ordinance was illegal and in violation of the Charter, as it did not fall under an emergency. Larry responded this was not an appropriation, but was for borrowing . money, and it was impossible to do two readings before the closing January 5, 1990. After some discussion by Council, a vote was taken and the motion passed unanimously 5-0. Since the intergovernmental agreement had not yet been signed by all parties, Resolution No. 68, Series of 1989, was postponed. The last item was Resolution No. 69, Series of 1989, establishing a tax anticipation note fund ("TAN fund") of the Town. Larry Eskwith stated this would establish a tax anticipation note fund required to make the tax anticipation note proper. Steve Barwick answered questions of Council and explained what the fund would do. A motion to approve the resolution was made by Mery Lapin and seconded by Jim Gibson. A vote was taken and the motion passed unanimously 5-0. At this time, Larry Eskwith requested the Council make a general motion waiving any defects in the public notice given to the public. Mery Lapin made a motion to waive any defects given in the public notice presented to the public and ratify as presented. Jim Gibson seconded the motion. A vote was taken and the motion passed unanimously 5-0. • There being no further business, the meeting was adjourned at 5:15 p.m. Respectfully submitted, ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman v \i Crime--� �eZnt . ose, Mayor -2- town of voill% 75 south frontage road vall, colorado 81657 (303) 479-2105 office of town manager PUBLIC NOTICE PUBLIC NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a Special Meeting to be held on Friday, December 29, 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 Creels 5th Filing; and setting forth details in regard thereto. 2. Ordinance No. 33, Series of 1989,, an emergency ordinance approving financing for the purchase of Berry Creek 5th. Filing; and setting forth details in regard thereto. 3. 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