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HomeMy WebLinkAboutMinutes 06/28/93 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC H~ARING JUNE 28, 1993 Present: George "Bud" Gates James Johnson, Jr. Johnnette Phillips Jack Lewis Jim Fritze Sara J. Fisher Chairman Commissioner Commissioner County Manager County Attorney Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Resolution & Plat Signing Chairman Gates opened the meeting stating the first item on the agenda was map and plat signing as follows. Sid Fox, Planning Manager, presented filing number SM-857-93, a type "B" Minor Subdivision, duplex split, lot 29, block 1, Filing #2, Eagle-Vail Subdivision. Staff recommended approval according to Eagle County Land Use Regulations. Commissioner Johnson moved to authorize the Chairman to sign the final plat file number SM-857-93. Commissioner Phillips seconded the motion. The vote was declared unanimous. Sid Fox presented file number SM-862-93, Duplex Split, Lot 61, Filing #2, Eagle-Vail Subdivision. Staff recommended approval according to Eagle County Regulations. Commissioner Phillips moved to authorize the Chairman to sign the final plat, file number SM-862-93, Lot 61, Filing #2, Eagle-Vail Subdivision, a duplex split. Commissioner Johnson seconded the motion. The vote was declared unanimous. Paul Clarkson, Planner, presented file number PD-68-93-AF2, 19 Block 2, Filing #2, Eagle-Vail Subdivision. He stated this to a request from the Eagle County Zoning Board of Adjustment. plat to the Board. Discussion followed on river access, drainage and building envelope. Commissioner Johnson moved to authorize the Chairman to sign final plat PD-68- 93-AF2, Lot 19, Block 2" Filing #2, Eagle-Vail Subdivision. Commissioner Phillips seconded the motion. The vote was declared unanimous. final plat for Lot final plat is due He explained the Sid Fox presented file number PD-293-93-F2, Cordillera, Filing #8. He informed the Board the plat was previously approved but Staff had not received the Subdi vision Improvements Agreement. He stated the Subdivision Improvements Agreement has been received and recommended the Chairman sign the plat. Commissioner Phillips moved to authorize the Chairman to sign final plat file number PD-293-93-F2, Cordillera, Filing #8. Commissioner Johnson seconded the motion. The vote was declared unanimous. Sid Fox presented PD-296-93-F, Cottonwood, Filing #1. He stated the final plat was not ready for signature and requested the Board table this matter to July 6, 1993. He stated the mylar has been submitted for review by County Attorney. Mr. Fox stated he has been working with the applicant on this plat. He related the County Engineer is currently reviewing the plans. Commissioner Johnson moved to table file number PD-296-93-F, Cottonwood, Filing #1 to July 6, 1993. Commissioner Phillips seconded the motion. Jim Fritze, County Attorney, stated the Board may wish to discuss some of the other issues and if any changes are necessary those can be dictated on the meeting of July 6, 1993. Chairman Gates called for the question on the motion. The vote was declared unanimous. Sid Fox stated the Planning Commission had concerns with on-site recreation facilities for residents of the development. He informed the Board the proceeds from the Bonds will provide funding for some recreational facilities, i.e. an on- 1 site day care center or a health club. He stated there were concerns with the open space parcel and cash in lieu of School Land Dedication fee. He explained these items to the Board. Consent Calendar Chairman Gates stated the next item on the agenda was the consent calendar as follows: 01) Bill paying subject to review by County Manager 02) Agreement between Eagle County and Town of Avon 03} Annual Wildfire Operating Plan for Eagle County, with wording discussed earlier in the day by the Board of County Commissioners 04) Resolution 93-70, Appointment to Lake Creek Affordable Housing Corp. June 30, 1993. Commissioner Johnson stated he would like item number two (2) pulled for discussion. Commissioner Phillips asked about number three (3) and questioned if the Sheriff had been informed of the Board's discussion. Judy Knight, Ass' t. County Attorney, stated she has not spoken with the Sheriff but stated she believes there will be no problems. Commissioner Johnson moved to approve items one (1), three (3) and four (4) of the consent calendar. Commissioner Phillips seconded the motion. The vote was declared unanimous. Allen Sartin, Finance Director, appeared for discussion on the agreement with the Town of Avon. He stated this grant is in the amount of $21,000.00 to operate the multi-jurisdictional bus system. He stated this amount was approved by the Board of County Commissioners for the 1993 budget. Mr. Sartin stated there is an additional $6,500.00 to be used for work to obtain UMTA Grants, which is not a part of this agreement. Mr. Johnson stated there has been talk recently by Avon Beaver Creek Transit, to allow Cripple Creek to utilize the buses in the summer months. He stated section five (5) of the contract indicated the contractor shall not assign rights or duties with a third party. He questioned if the buses were to be used by another party would that constitute a null and void contract. Judy Knight stated it would not make the contract null and void. Jim Fritze stated, as currently written, the contract states the money shall be used for the purposes of purchasing of buses which will be used for public transportation. At the time proof is submitted, payment will be provided. Commissioner Johnson moved to table item number two (2) on the consent calendar, until July 6, 1993, in order to obtain additional information. Commissioner Phillips seconded the motion. The vote was declared unanimous. Eby Creek Mesa Chairman Gates stated the next item on the agenda was the off-site improvements agreement for Eby Creek Mesa Subdivision. Jim Fritze recommended the Board table this matter due to unresolved issues involving the County Engineering Department to July 6, 1993. Jim Stovall, Attorney representing the applicant, stated there are concerns with the costs of improvements in Phase I. Discussion followed on the issues from the Engineering Department. Jim Fritze informed the Board the County will be accepting a performance bond rather than a letter of credit and all concerns need to be addressed. Wendy Sacks, Treasurer of Eagle River Land Company, Managing Partner of Eby Creek Mesa, stated the insurance company has issued a letter of commitment and stated the applicant disagrees with some of the concerns stated by the County. Jim Fritze stated the Engineering Department has not yet delivered the I unresolved issues to the Attorney's Office. He stated they have related there were issues still being resolved. Ms. Sacks stated the applicant has approximately $750,000.00 in cash monies currently invested in this project. She believes in some ways the applicant is being asked to bear the burden of the past developer who went into default. She asked the Board to sign the Subdivision Improvements Agreement and lift the moratorium pending certain stipulations. The applicant cannot transfer any lots until the moratorium is lifted. Willie Powell, Town of Eagle, stated the Town is approximately 90% of the way to completion. He stated there are three pieces of water works which need to be 2 ~. BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 completed and a water service agreement needs to be signed. Further discussion followed on the items needing to be completed and signing of the plat and Subdivision Improvements Agreement. Commissioner Phillips moved to table the Subdivision and Off-si te Improvements Agreement for Eby Creek Mesa Subdivision to July 6, 1993, at the applicants request. Commissioner Johnson seconded the motion. The vote was declared unanimous. Board of Equalization Mary Jo Berenato, Deputy County Attorney, presented a petition for abatement for Bias Gallegos, schedule number 0000250. She stated a letter was sent to the petitioner offering an abatement in the amount of $36.32 for 1991 and $36.82 for 1992. Ms. Berenato informed the Board the petitioner did not respond and she recommended the Board approve the abatement. Commissioner Johnson moved to approve an abatement in the amount of $36.32 for 1991 and $36.82 for 1992, for a total of $73.14 for Bias Gallegos, schedule number 0000250. Commissioner Phillips seconded the motion. The vote was declared unanimous. Letter of Agreement, Youth Services Mary Jo Berenato presented a Letter of Agreement between Eagle County and Department of Institutions , Division of Youth Services for the Juvenile Jail Removal Project. She recommended the Board conditionally approve the Letter of Agreement based on approval from County Manager with regards to the cost for the additional insured and the cost of the entire grant of $7,200.00. Commissioner Phillips moved to approve the Letter of Agreement between Eagle County and the Department of Institutions, Division of Youth Services, for the Juvenile Hail Removal Project, conditional upon receipt of the cost of additional insurance being approved by County Manager. Commissioner Johnson seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until July 6, 1993. ~- Attest: Jio~^- "'Clerk to he Board 6d-f'd;c-rf, xf/J--- Ctlalr n 3