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TC Minutes 07-03-1990r • CONTINUED COUNCIL MEETING FROM JUNE 26, 1990 HELD JULY 3, 1990 - 11:00 A.M. The continued Council Meeting of the Avon 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 Allan Nottingham at 11:14 a.m. A roll call was taken with David Garton, Mike Bennett, Gloria McRory, and Jerry Davis present. Councilmember Reynolds arrived at 11:16 a.m. Councilmember Stovall arrived at 11:17 a.m. Also present were Town Attorney John Dunn, Town Manager Bill James, Director of Engineering Norm Wood, Director of Municipal Services Larry Brooks, Town Clerk Patricia J. Doyle, as well as, members of the press and public. The Mayor stated that this was a continued meeting from June 26, 1990. The Town Manager stated that a couple of the agends items would be deferred until later in the meeting. Mr. James reported on the Special Improvement District. He stated that they had received four proposals from Bond Underwriters. He recommended that the Town hire Caughlin and Company. Stan,.Bernstein, hired finance consultant for the Town, stated that Caughlin and Company being a small firm and owners and credit committee, they felt comfortable with the transaction. Mr. James stated that the Bond Purchase Agreement would be presented -to Council in two weeks. Mr. James reported on the utilities contracts for the Wildridge Subdivision. The contracts were with Public Service Company and Heritage Communications, Inc. In regard to Public Service, there would be a maximum amount of one million sixty one thousand dollars to build a natural gas line. Mr. James stated that Mr. Bonsor with Public Service stated that if the work exceeds the amount quoted and if the project would run into spring, Public Servi3ce would pay the difference. Mr. James stated that Heritage Communications, Inc. agreed to the same agreement. Mr. James stated that the current residents could be excluded from both utilities if desired. Discussion followed. 0 0 Mr. James reported on the Avon Road Railroad Crossing. The Council was presented with a Scope of Service Agreement and Final Design from Centennial Engineering. Mr. James requested that Council authorize John Dunn and himself to enter into an agreement with Centennial Engineering upon final review. The total amount for the service was a maximum of $484,000. Councilman Reynolds moved to authorize John Dunn and Bill-James to enter into a contract with Centennial Engineering for the expenditure of $484,000 for the Separated Grade Crossing subject to Town Attorney review. The motion was seconded by Councilwoman McRory and was unanimously carried. Mr. James stated-that he had received a draft contract from the State in respect to the Railroad Crossing. The contract would be reviewed and ready for the next Council meeting. Mr. James reported on a Land Negotiator and'an Appraisor in respect to the Railroad Crossing. He stated that in order for the project to get off on dead-center on the cost of the right-of-way, the Town should consider hiring an appraisor. Mr. James recommended Jeff Maddox from Valuation Consultants, Inc. It was stated that possibly add a penalty clause in the agreement in regard to the time frame, possibly a $100.00 a day fine if not completed on.a certain date. The agreement would be brought back-to the-Council for final review. Mr. James reported on the Land,Negotiator. -He recommended the Firm of Western State Land. He felt that a contract should be entered into with this firm to help the staff in respect to the Railroad Crossing on Avon Road. Councilman Garton moved to authorize staff to enter into a contract with Western State Land subject to Council's final review. The motion was seconded by Councilman Reynolds and was unanimously carried. Mr. James reported on the Eagle County Transportation Study. He stated that the County Commissioners were scheduled for the July 10, 1990 Council work session.to discuss the Special Election which was scheduled for August 14, 1990 to put forth to the voters an increase of 1/2 cent sales tax to be used for funding the Transportation System. Discussion followed. No action was taken. -2-- C7 • Mr. James reported on the Air Service at the STOLport. He stated that he had not heard 4rom any of the involved parties. Mr. James reported on the Grand-On-Avon and the Avon Town Square projects. He stated there were concerns of both of these projects competing for the same lease holders. He stated that both projects were asking for assistance in financing from the Town of Avon. He felt that if the Town helped one project, then the Town should help other projects that request assistance. Councilman Garton felt that these projects would come on line even if the Town did not help with the financing. He felt it was like throwing money away when they would come into Avon anyway. He did not want to see a policy where the Town gave handouts. Mr. James stated that he did not mind giving projects assistance in tax breaks for a period of time. Councilman Davis stated he was opposed for any monies going to private enterprises. He stated that the Council may want to consider a policy where the Council'could establish a policy that people could apply for, and receive, some type of tax break for a period of time. Councilman Stovall stated that he did not want to see a hard vest policy. Councilman Davis suggested that the Council consider any proposal on a case by case basis. He stated that as far as Grand-On-Avon, he felt the Council needed more information-to determine if this was a valid project. The Council.•.needed to see a five year projection, and a five year sales tax projection, and until then, the Town would not consider any financing help. The motion was seconded by Councilman Garton and was unanimously carried. As far as the Promissory Note for the Real Estate Transfer Tax for the Grand-On-Avon, the Council would extend the time until August 1, 1990. The Note would then be due in full at that time, plus an annual interest rate of 10% on the basis of the actual number of days elapsed. It was the consensus of the Council to send a letter to the Grand-on-Avon to that effect. Next on the agenda was discussion on the purchase of the Checkmate Statue. Mr. James requested authorization to negotiate with Dean Knox. He would' come back with,a contract by July 10, 1990, that the Town would agree to purchase the Checkmate Statue at $30,000 per year,-and to work out some type of program so that the Town would own 51% of Checkmate. The payments of $30,000 per year would be made until it was paid in full in the amount of $170,000. -3- 0 0 The Council appointed Councilmembers Stovall and McRory as representatives to the Recreation Task Force Committee. Mr. James stated that the Fire Consultant would be present at the next Council Meeting. Rob LeVine from the Town of Vail, approached the Council. He discussed and reviewed the Vail Valley Visitors Bureau Program with the Council. Mr. LeVine was requesting a contribution of $1,000 to go toward the program for a Study. After some discussion, Councilman Stovall moved approval for the expenditure of $1,000 for the Vail Valley Visitors Bureau Program Study. The motion was seconded by Councilman Reynolds and was unanimously carried. The Council appointed Councilman Davis as the Town's representative to the Vail Valley Visitors Bureau Committee. Next on the agenda was discussion of the access easement roadway for the Hardee's Restaurant. The Council discuss and reviewed plans of the alternatives of the access easement through Tract Q. After discussion and review of the plans, Councilman Davis requested an executive session to discuss this issue. The motion was seconded by Councilman Garton and was unanimously carried. Andy Daly with Beaver Creek Resort Association approached the Council. Mr. Daly discussed the Eagle County Transportation Study and the upcoming Special Election. The Council reconvened at 1:08 p.m. to adjourn the meeting. Councilwoman McRory moved to adjourn. The motion was seconded by Councilman Garton. The meeting was adjourned by Mayor Nottingham at 1:10 p.m. -4-