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TC Minutes 01-02-19900 40 MINUTES OF A SPECIAL TOWN COUNCIL MEETING HELD JANUARY 2, 1990, 5:15 P.M. A Special meeting of the Town Council of the Town of Avon, Colorado, was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado, in the Council Chambers. The meeting was called to order by Mayor Nottingham at 5:20 p.m. A roll call was taken with David'Garton, Albert Reynolds, Mike Bennett, Gloria.McRory and'Jerry Davis present.- Councilman Jim Stovall was absent. Also present were Town Manager Bill James and Town Clerk Patricia J. Doyle. 'Item on the agenda was discussion of the Intergovernmental Agreement between County of Eagle, Town of Vail and the Town of Avon in regard to the purchase of the Berry Creek Subdivision, 5th Filing. In addition to that, the purchase of the Miller Ranch located near Edwards, Colorado. The Town of Vail was working on the purchase of the property. The County was to hire bond counsel and a financial consultant relating to the financing of the Betty Creek and/or the Miller parcels, and also they were to hire a planner to give advise to the parties regarding the planning and development of either the Berry Creek or the Berry Creek and Miller parcels for recreation and employee housing. The County was to hold an election in March of 1990 on whether or not to increase the County's general fund mill levy. If the election was approved the County would then purchase the parcel or parcels from the Town of Vail for the purchase price equal to the price paid by the Town of Vail, plus, loan carrying costs(loan fees, debt service, etc.) and other direct costs incurred by the Town of Vail (and Avon) to purchase and held either the Berry Creek parcel or the Berry Creek and Miller parcels. If the voters of Eagle County do not approve the increase in the County's general fund mill levy, then the County., would have no obligation to purchase the parcel or parcels. However, the County and the Town of Avon may purchase an interest in the parcel, or parcels whichever would be applicable: 1. If either the County or the Town of Avon wish to purchase the property without contribution from or participation by the other, then the purchasing government shall be obligated to purchase a fifty percent interest in the property as a tenant=inn-common. 2. If both governments wish to purchase interests in the property, they would be obligated to purchase one third interest each as tenant-in-common.. The Town Council agreed that they would participate in the carrying costs. Avon would have five years in which to consider a purchase share in the parcel or parcels. In the event the Berry Creek parcel was owned by more than one government, each owner would appoint two representatives to form a committee to manage and develop the property. After discussion-, the Council agreed there should be some change to the agreement: 1. Paragraph 9 (D) clarify to read: "Avon wanted 60 days prior to date-•of _purchase-.of property share. 2. Paragraph 10. Clarify to read: that there should be a waiting period - possibly until after the election'to start development.,of the property. 3. Paragraph 11. After the word "annexation" add, "or inclusion of any other Metropolitan Districts". Sentence to read, "No owner shall have the right to.sign any petition for an annexation or inclusion of any other Metropolitan Districts" or an annexation election without the mutual consent of all owners". It'was suggested that these items of change be-given to John Dunn and would have him work with the other attorneys. Bill James `reported that George Gillett announced that he had an interest in.the Benchmark Mobile Trailer Park along with Jeff Bowen. He also announced-that there.may be.a quieter alternative to the current bus transportation system from the entrance to Beaver Creek to the village. Mr. James. also reported on the Avon Station. He stated that VA was not going- to, make `an offer 'on Avon Station. Mr. James was to talk to Mike Shannon in this regard to see where VA stood on this issue. Mr. James requested a;"j,oint meeting to_be held on January 25, 1990 with the County Commissioners; Beaver,Creek Metropolitan District, the Avon Town Council to address the final plans for the Railroad crossing. Mr. James reported on the BMB Developers and the Lodge of Avon Site. He stated that there were three options that the Council could consider. 1. That Council do nothing.-. 2., That the developers had asked that the Town contribute 50% of the sales tax dollars back off of the project for a period of three years. Mr. James stated that they have excluded the movie theater from the project, and they were going with 47,000 square feet of commercial space. 3. Would the Town be interested if the developer to construct a commercial building and that the Town help with the parking until the lift was built. Parking would be for approximately 200 hotel rooms. -2- 0 10 The Town Council was willing to give up some sales tax revenue if the developer would build the parking and accomplish what they were forecasting from a standpoint of density. Mr. James suggested that they could have paid parking or lease - parking. Mr. James stated that Ron Phillips, Town Manager of the Town of Vail had called and asked that the Avon Town Council share in the cost of a Silver Corporate Table for the Betty Ford Benefit Center for Special Education. This would be in conjunction with the Grand Opening of the Hyatt Hotel on January 27, 1990. The Council agreed by a 3 to 3 vote the expenditure of $1,750.00 for a Silver Corporate Table. There being no further business to come before the Council, Councilman Davis moved to adjourn. The motion was seconded by Councilman Garton. The meeting was adjourned by Mayor Nottingham at 7:20 p.m. -3-