TC Minutes 08-22-20000 0
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD AUGUST 22, 2000
A regular meeting 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 Judy Yoder at 5:28 PM. A roll call was taken
with Councilors Jim Benson, Michael Brown, Debbie Buckley, Mac McDevitt and
Mayor Protem Buz Reynolds present. Councilor Rick Cuny was absent. Also present
were Town Attorney Burt Levin, Assistant Town Manager Larry Brooks, Town Clerk
Kris Nash, Finance Director Scott Wright, Police Chief Jeff Layman, Recreation Staff
John Curutchet and Mike Mullins, Town Engineer Norm Wood, Public Works Director
Bob Reed, Transportation Director Harry Taylor, Community Development Director
Michael Matzko, as well as members of the public.
Citizen Input:
Triathlon/Concert Update
Aquatics Advisor John Curutchet updated the Council on the 2000 High Country
Duathlon/Triathlon and Concert Series, which will take place on Sunday, September 10.
Mr. Curutchet stated Hazel Miller will also play a concert in the park at 4:00 and the
Chamber of Commerce will be selling beer.
Citizen Input:
Real Estate Transfer Tax Appeal, Leo Palmos, Chapel Square, Unit 403
Mr. Don Schaper, control of Palmos Development Company, represented Mr. Palmos.
He stated they were denied the exemption for transfer tax and he is appealing under
sections of the Avon Municipal Code, Transfers made pursuant to business organization,
reorganization, or restructuring; Transfers to secure a debt or other obligation, or transfers
of releases of property which is security for a debt or other obligation.
Mr. Schaper stated Chapel Square, LLC is the entity developing Chapel Square. It is
owned by Palmos Development Corp. and Palmos Family. Mr. Palmos owns 100% of
Palmos Development and 85% of Palmos Family, his family owns the other portion.
Mr. Schaper stated they were planning on keeping unit 403 and are in the process of
modifying their construction loan and permanent financing with the lender. They are
requiring that Chapel Square, LLC cannot own the unit, but has to be owned by Leo
Palmos. Chapel Square, LLC cannot take financing on the unit. Chapel Square, LLC
cannot take out a mortgage on the unit, it must be an individual. He stated that they feel
that is a restructuring of their assets. It is a requirement by the lenders. He added that it
is only reasonable that they should not have to pay the transfer tax.
Mayor Protem Reynolds stated he sees no difference in this being a developer building a
house and then buying a unit and getting permanent financing. Town Attorney Levin
stated he does not understand why if the unit is going from one part of the business to
another part of the business, why Mr. Palmos has to pay for the unit. Why can't he just
take a deed to the unit. Mr. Schaper stated the bank has a minimum release price for the
unit.
Mr. Levin stated he did not view it as a business reorganization because a unit was being
sold from the partnership to Mr. Palmos individually. He did not feel it fit within the
exemption.
Councilor Brown stated it appears the lender is calling the shots as far as asking Mr.
Palmos to reorganize.
Mr. Levin asked why is the transfer to him, individually, necessary. Why can't the unit
stay titled in the partnership as it is currently. Council confirmed that the partnership
cannot own the unit according to the lender.
Councilor Brown stated banks are not big on commercial entities taking out mortgages.
They like individual to do so.
Councilor Benson motioned to grant the transfer tax to Mr. Leo Palmos. Councilor
Buckley seconded the motion. The motion carried unanimously.
Citizen Input:
Mr. John Gardner, resident at 5723 Wildridge Road East, approached the Council. He
stated his property is across the street from Lot 12, Block 4, which is going before
Council in Ordinance No. 00-10, Series of 2000.
Mayor Yoder stated that the property owner did request that the ordinance be tabled until
the next meeting when she can be present.
Mr. Gardner stated the Planning & Zoning Commission (P&Z) unanimously declined the
change in zoning. He has also reviewed the Town Attorney's many memos. He stated
one important fact missing is that the protective covenants of Wildridge list this lot as a
single family lot. He does not see that there should be a change of zoning to remedy an
administrative mistake on the part of a town staff person. He stated all the properties
around this lot are very much opposed to the down grading in zoning. On behalf of his
wife, neighbors and himself, Mr. Gardner requested that the ordinance does not get
adopted.
Town of Avon Regular Council Meeting
August 22, 2000
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Mayor Protein Reynolds questioned why he is opposed to the rezoning. Mr. Gardner
stated he does see a drop in the value of his home, primarily because of traffic. He stated
many duplexes in Wildridge have a parking problem. This lot is very steep and he does
not know how they are going to get access.
Mayor Yoder stated if the ordinance is tabled tonight, the first reading will be held
September 12, with the public hearing on September 26. She added that if Mr. Gardner
would like to go on the record, September 26 would be the time for him to speak.
Ordinances:
First Reading of Ordinance No. 00-10, Series of 2000, An Ordinance Approving an
Amendment to the Wildridge PUD for Lot 12, Block 4, Wildridge Subdivision, Town of
Avon
Mayor Yoder stated that the owner of Lot 12 has requested to table the ordinance.
Mayor Protem Reynolds motioned to table Ordinance No. 00-10, Series of 2000, to
September 12, 2000. Councilor Benson seconded the motion. The motion carried
unanimously.
Resolution No. 00-37, Series of 2000, A Resolution Authorizing the Use of a Previously
Approved Governmental Lease-Purchase Master Agreement Dated May 19, 1999 and
Approving a Supplement Thereto and Related Documents and Certificates
Finance Director Wright stated this resolution adopts a supplement to the 1999 Master
Lease Purchase Agreement with Wells Fargo Bank for the financing of 2 pumper trucks
for the fire department. The supplement is in the amount of $676,686 at an interest rate
of 6.15% over 7 years.
Councilor Buckley motioned approval of Resolution No. 00-37,. Series of 200.
Councilor McDevitt seconded the motion. The motion carried unanimously.
Resolution No. 00-38, Series of 2000, A Resolution to Amend the 2000 Town of Avon
Budget
Finance Director Wright stated this resolution amends the budget for the fire operations
fund for $180,000 for salaries for Wildridge fire station staffing, the replacement of the
wrecked pumper, and to also update the fund balance in the fire operations fund from the
1999 audit. It also amends the general fund budget for receipt of proceeds from CIRSA
for the wrecked pumper truck for $298,299, and off setting contributions to the fire
protection district to help get them underway. Finally, it updates the fund balance
amounts to the 1999 audit for the general fund.
Town of Avon Regular Council Meeting
August 22, 2000
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Mayor Protem Reynolds motioned approval of Resolution No. 00-38, Series of 2000.
Councilor Brown seconded the motion. The motion carried unanimously.
Town Manager Report:
Assistant Town Manager Brooks stated that he will be in Glenwood Thursday, August
24, from Sam - loam.
Town Attorney Report:
Town Attorney Levin stated that he will be on vacation all of next week.
Consent Agenda:
a.) Approval of the August 8, 2000 Council Meeting Minutes
b.) Approval of the Coordinated Election Intergovernmental Agreement with
Eagle County
c.) Resolution No. 00-36, Series of 2000, A Resolution Approving the Final
Plat, A Resubdivision of Lot 41, Block 1, Wildridge, Town of Avon,
Eagle County, Colorado
d.) West Beaver Creek Blvd. - Change Orders
e.) Resolution No. 00-39, Series of 2000, A Resolution Approving an
Amendment to the Agreement and Plan for Dissolution of the Avon
Metropolitan District
f.) Financial matters
Councilor Buckley motioned approval of the Consent Agenda. Councilor Benson
seconded the motion. The motion carried unanimously.
There being no further business to come before the Council, Councilor Benson motioned
to adjourn the meeting. Councilor McDevitt conded the motion. The motion carried
unanimously and the meeting adjourned at 5:7 PM.
Y SUBMITTED:
T
Town of Avon Regular Council Meeting
August 22, 2000
APPROVED:
Jim Benson
Michael Brown
Debbie Buckley
Rick Curly
Mac McDevitt
Buz Reynolds
Judy Yoder
Town of Avon Regular Council Meeting
August 22, 2000