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HomeMy WebLinkAboutMinutes 07/26/93 RECORD OF PROCEEDINGS 100 Leaves FORM 50 C. F. HOECKEL B. B. 8: L. CO. PUBLIC HEARING JULY 26, 1993 Present: George "Bud" Gates James Johnson, Jr Absent: Johnnette Phillips Jack Lewis Mary Jo Berenato Sara J. Fisher Chairman Commissioner Commissioner County Manager Deputy 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: Cordillera Metropolitan District Squaw Creek Metropolitan District Chairman Gates opened the hearing stating the first item on the agenda was consideration of the service plans for the Cordillera Metropolitan District and Squaw Creek Metropolitan Districts. Keith Montag, Director Community Development, stated this matter was tabled from July 6, 1993 to allow the Board time to consider this application. He stated the Board will need to make findings based on the criteria presented. Jim Fritze, County Attorney, stated the Board of County Commissioners has received two additional pieces of information; one is a letter from Andrew Kane regarding his opinion relating to estimated increased bond costs with one district; two, is a memorandum discussing some of the same issues as in the memorandum from Mr. Fritze to the Board. Gerry Engle, Kensington Partners, summarized the difference between one district verses two districts. He requested the Board permit the formation of two districts for the following reasons: 01) Amendment One, council has advised a single district would be obligated to expend all funds, including needed operating funds. 02) Liability, two districts will protect operations of the district. Chairman Gates questioned if a resolution had been drafted. Jim Fritze stated the proponents have submitted a form resolution for the Board. Jim Ware, Ware, Rosen and Travers, stated he is the Attorney for the Homeowners Association. Mr. Ware stated there will be agreements between the homeowners association and the developer which will protect the homeowners, homeowners association and the developer, whether there is one district or two districts. He believes with two districts it will be less expensive to the homeowners and there will be public accountability. He requested the Commissioners approve the two districts allowing the proponents to go forward with an election. Chairman Gates asked if the Eagle County Master Plan is against proliferation of additional special districts. Keith Montag read from the Master Plan, under Public Services section, stating a proliferation of small districts should be discouraged. New service districts should not be allowed when services are available from an existing district. He informed the Board Staff believes this application is a proliferation of structure in the district. Chairman Gates questioned if Staff had the advice and information currently before the Board would the Master Plan be different. Mr. Montag stated the Master Plan was created ten (10) years ago and did not take Amendment One into consideration. Corrmissioner Johnson moved to approve the Cordillera Metropolitan District, incorporating the powers of the Squaw Creek Metrol?olitan District and to deny the Squaw Creek Metropolitan District. This motion wlll allow one district to provide the services. Commissioner Phillips stated she understands the Master Plan did not take Amendment One into consideration. She stated the homeowners are asking for two districts and are aware of the consequences of two districts but are just asking for an election. She does not believe the Board should say no if the homeowners are requesting two districts. Chairman Gates seconded the motion for discussion. In discussion, Chairman Gates asked if the applicant was stating they will save approximately two (2) million dollars by having two (2) districts. Mr. Engle stated the two (2) million dollars is an estimate. He stated Kensington Partners want approval to move forward and have an election. It does not mean the concept of the two district will pass. Chairman Gates asked if there were corrplications as far as the County servicing two districts rather than one. Allen Sartin, Finance Director, stated the+ewould be two district on the books which would be administered by both the Assessor. and Treasurer, but the administrative work would not be significant. .'. He stated it is the applicants intent to issue bonds every three to four years over;the next twenty-five years. He stated the savings depends on the bond market at the time the bonds are issued. Commissioner Johnson stated he has a problem with creating two districts for the purposes of skirting Amendment One. He stated the voters wanted to have control. He stated he believes if the Board approves this application they will see a proliferation of districts if there is not a challenge in Court. Five Board members would control the proposed Squaw Creek District which in his opinion does not allow for enough taxpayer control. Mr. Engle stated Squaw Creek Metropolitan District cannot float a bond issue. Chairman Gates called for the question on the motion. Corrmissioner Johnson voting yes and Corrmissioners Phillips and Gates voting no. The motion was defeated. commissioner Phillips moved to approve the service plans for the proposed Cordillera Metrol?0litan District and the Squaw Creek Metropolitan District with the following conditlons 01) The assets shall be transferred from the developer without charge as represented in the memorandum dated July 20, 1993 from Gerald Engle. That portion of the proformas attached to the Service Plan would show payment for those assets that are now being transferred without charge, be deleted. 02) All three Board members shall be authorized to sign the proposed resolutions. Chairman Gates seconded the motion. In discussion, Chairman Gates stated he believes Kensington Partners has enough legal advice to request the two districts. Chairman Gates called for the question on the motion. Commissioners Gates and Phillips voting yes and Commissioner Johnson voting no. Consent Calendar Chairman Gates stated the next item on the agenda was the consent calendar as follows: 01) Bill paying subject to approval by County Manager 02) Agreement between Eagle County and Matt McKinney 03) Agreement between Eagle County and Richard Cram, dba/Satellites 04) Agreement between Eagle County and Airborn Duo 05) Agreement between Eagle County and Billy Parker 06) Agreement between Eagle County and Beaver Creek Children I s Theater 07) Agreement between Eagle County and Concert Concepts productions 08) Agreement between Eagle County and John Sandrock 09) Resolution 93-83 concerning County's redemption of certificates of purchase, resulting from erroneous sales of tax liens 10) Application to Bureau of Land Management for Amendment to right-of- way grant for Colorado River Road 11) Ratification of Articles of Association of Northwest Colorado Council of Governments 12) Amendment of Resolution 93-28, authorizing the return of collateral for Leto Subdivision. Corrmissioner Johnson moved to approve items one (1) through twelve (12) on the consent calendar as presented. Chairman Gates seconded the motion. Of the two voting Corrmissioners the vote was declared unanimous. Commissioner Phillips was not present for the afternoon session of the hearing. Commissioner Johnson moved to adjourn as the Board of County Commissioners and reconvene as the Eagle County Local Liquor Licensing Authority. Chairman Gates seconded the motion. Of the two voting Corrmissioners the vote was declared unanimous. Bella Mia Mary Jo Berenato, Deputy County Attorney, presented the modification of premises for Bella Mia, Inc., dba/Bella Mia. She informed the Board this matter was tabled from a previous hearing to allow photographs to be taken of the proposed patio area. She stated Bella Mia was in compliance with the inspection performed before this hearing, with the exception of the food service license and the federal tax starrp not being posted. Howard Gunther, applicant, related why he wanted to include use of the patio for alcohol service. He stated the patio will give him another twenty-four seats. He informed the Board liquor will only be served in the enclosed patio and not on RECORD OF PROCEEDINGS 100 Leaves FORM 50 C. F. HOECKEL B. B. & L. co. the deck. Earlene Roach, Liquor Inspector for Eagle County, explained the difference between the patios for other establishments and the proposed patio for Bella Mia. She stated she contacted Mr. GLmther about the corrplaint of individuals drinking outside the establishment and he was very cooperative and stopped i:r;dividuals ~rom carrying their drinks outside. She expressed concerns of control wlth the patlo area. Ms. Berenato expressed concerns of control and setting precedent of approving a patio and other liquor establishments also wanting a patio to serve alcohol. corrmissioner Johnson stated he would like assurances that customers would not be carrying drinks back and forth from inside to outside, but would rather see only the errployees carrying the drinks., . ,. Mr. Glmther informed the Board only hlS Staff would be the only lndivlduals carrying drinks. Corrmissioner Johnson moved to approve the modification of premises for Bella Mia, Inc., dba/Bella Mia. Chairman Gates seconded the motion. Of the two voting Corrmissioners the vote was declared unanimous. Corrmissioner Johnson moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of Equalization. Chairman Gates seconded the motion. Of the two voting commissioners the vote was declared unanimous. Resolution 93-E-001, Board of Equalization Mary Jo Berenato presented Resolution 93-E-001 regarding the petitions to the Board of Equalization, appointing hearing officers, recommendations and following up with the petitions. She requested the Board approve and sign the Resolution. Commissioner Johnson moved to approve Resolution 93-E-001, regarding petitions to the Board of Equalization, appointing hearing officers and recommendations and follow up with the petitions. Chairman Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Mary Jo Berenato asked the Board how they would like to handle the process of abatement petitions with recommendations from the hearing officer. The Board related they had reviewed the petitions and had no questions. Ms. Berenato read the following schedule numbers for the Board's approval as follows: 16708 18131 23760 09774 09637 13338 22437 11145 14348 29888 09699 09788. 07487 M33893 20312 22182 13738 10095 11540 18204 26808 10830 19756 17129 07964 23190 26279 05516 27795 08365 33082 12720 08560 18189 21123 32771 13867 33122 19526 24611 07493 19756 32501 13501 25909 Corrmissioner Johnson moved to approve the petitions for abatements, schedule numbers a,s read by Ms. Berenato, as recorrmended by Ed Smalley, Hearing Officer. Chalrman Gates seconded the motion. Of the two voting commissioners the vote was declared unanimous. Corrmissioner Johnson moved to adjourn as the Board of Equalization and reconvene, as the Board of County Corrmissioners. Chalrman Gates seconded the motion. Of the two voting Corrmissioners the vote was declared unanimous. brought before the Board the meeting was ~ I,? ~~ft~J~/?' al .