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HomeMy WebLinkAboutMinutes 12/07/93 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING DECEMBER 7, 1993 Present: George "Bud" Gates James Johnson, Jr. Johnnette Phillips Jack Lewis Jim Fritze Earlene Roach Chairman corrmissioner Commissioner County Manager County Attorney Deputy Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Plat & Resolution Signing sid Fox, PI arming Manager, presented the following plats to be signed by the Chairman: SU-155-93-AF, amended Final Plat, a portion of Eby Creek Mesa. He stated the purpose of this application is to vacate easement affecting lots subject to this Final Plat and establish easements where necessary. John Swanson, applicant, informed the Board, lots 97 and 99 will be vacated. Commissioner Phillips moved to approve SU-155-93-AF, amended Final Plat for portions of Eby Creek Mesa and to vacate easements affecting lots subject to this final plat. Commissioner Johnson seconded the motion. Of the two voting Commissioners the vote was declared unanimous. sid Fox presented file number SM-882-93, Las vistas at Singletree. He stated the purpose of this plat is to create fourteen (14) townhomes located at 0751 Singletree Road, North of Singletree Golf Course. corrmissioner Johnson moved to approve file number SM-882-93, Las Vistas at Singletree. commissioner Phillips seconded the motion. The vote was declared unanimous. Sid Fox presented SM-890-93, lot 10, block 5, Filing #2, Berry Creek Ranch. He stated the purpose of this plat is to subdivide Lot 10 lnto a duplex lot. Commissioner Phillips moved to approve file number SM-890-93, lot 10, block 5, Filing #2, Berry Creek Ranch. Commissioner Johnson seconded the motion. The vote was declared unanimous. Sid Fox presented Resolution 93-149, V & S Excavating, Spring Park Reservoir, Special Use Permit Amendment. Commissioner Phillips moved to approve Resolution 93-149, V & S Excavatin9, Spring Park Reservoir, Special Use Permit Amendment. Commlssioner Johnson seconded the motion. The vote was declared unanimous. Consent to Assigmnent, Vail-Arrowhead, Inc. Jim Fritze, County Attorney, presented a Consent to Assignment for vail- Arrowhead, Inc. Commissioner Philli1?s moved to approve the Consent to Assignment and Assurrption of the Subdivlsion and Off-Site Improvements for Berry Creek and Arrowhead, Inc. 1 commissioner Johnson seconded the motion. The vote was declared unanimous. Resolution 93-150 Allen Sartin, Finance Director, presented Resolution 93-150, Adoption of the 1994 Eagle County Budget and making appropriations for the County of Eagle, State of Colorado, for fiscal year 1994. Jim Fritze stated notice was published as required by State Statute. commissioner Johnson moved to approve Resolution 93-150, Adoption of the 1994 Eagle County Budget. commissioner Phillips seconded the motion. The vote was declared unanimous. 1994 Mill Levies Allen Sartin presented a proposed Resolution establishing the 1994 mill levies for Eagle County. He stated adoption of the mill levies must be done prior to the end of the current year. Discussion followed on the 1?roposed Resolution. The Board of County Commissloners concurred to pull this item off the agenda until a later date. School Land Dedication Fees Jack Lewis, County Manager, stated the next item on the agenda was discussion on the School Land Dedication Fees. He stated the fees proposed may not be realistic. Mr. Lewis informed the Board the two School Districts in Eagle County carmot purchase land for the amounts of fees that have been collected. He stated the $5,000.00 per acre rate was adequate in 1980 but property values have significantly increased. Mr. Lewis related it is very difficult to establish a uniform rate throughout Eagle County, which resulted in the approval of a temporary Resolution raising the 1?er acre price and giving the County and the School Districts more flexibllity. Jim Fritze stated litigation on School Impact Fees defines the powers of Counties. He stated the County has to adopt School Land Dedication Fees as per State Statute, section 30-28-133. Dr. John Lange, Re-50-J School District, explained the need for a 750 student school and two 450 student schools. He stated the 450 student school estimated costs are $10,758,000.00 and $15,555,000.00 for the 750 student school and the School Land Dedication Fees collected are $63,000.00. Mr. Lange informed the Board in order to purchase land they would have to purchase in quantities of 100 acre tracts when only 10 acres are needed to build a school. He related the School District has a severe problem. Jim Williams, Roaring Fork School District, reported they are also severally impacted with the growth in Eagle County. He stated monies drawn from the County was $13,000.00 last year for a $12,000,000.00 school in the Basalt/EI Jebel area. Bill Williams, area developer, stated regulations have not been handled properly over the last twenty (20) years. He related you carmot buy a small piece of unimproved land because you cannot subdivide 1 t . He stated it takes 35 acres to make a legal subdivision and then the property is not considered unimproved land. He stated Senate Bill 35 forced the Counties to put this rule into effect with zoning regulations. Mr. Williams questioned the formulas used to raise the School Land Dedication Fees. Jim Fritze commented the County has incurred much growth over the last fifteen (15) years and schools have drawn from those accounts during that time. He stated money is collected at final plat only. Mr. Fritze reflects the formulas were not changed by the Board and it was the intent of the Department of Comnunity Development to revisit those formulas, which are set out within the regulatlons. Mr. Williams mentioned the County hired Lyons and Collins to perform a complete study in reference to this issue. He stated the formula used was brought out in that study. John Lange informed Mr. Williams all monies drawn from the accounts at Eagle County could be accounted for via pa1?erwork in the files. Jack Berga, representing the School Dlstrict, reported the district currently has a Warranty Deed for Tract "P" in Edwards and the property in 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECi<EL'S 387869 Eagle was sold due to it being on a hillside. Sherry Brandon, Eagle County Treasurer, stated it is the responsibility of the Treasurer's Office to send a letter to the Board of County Commissioners specifying the use of monies drawn. Rick Plyman, Peter Jamar & Associates, commented they would like to see a change in the market value to benefit the School Districts. He questioned how market values were established and supplied information to high sales in various areas of which market value was much higher. Jack Lewis responded on the vast differences in information received by the County. He stated a lot of time and effort was put into the decision including that of various Town Managers. Mr. Plyman responded the values should be updated on an annual basis. James Jouflas, area resident, commented on the values and current system being used to calculate fees. He stated he had concerns in relation to the Bellyache Ridge boundary lines and the possibility of having that boundary changed with the valuatlon of the market. Jim Williams responded, as a School District, they are required to request by Resolution and letter, any monies from the Counties to be deposited into the building fund, where they are segregated and spent per State Statute. Commissioner Johnson commented on the request for public input and the commitment being made by the Board to make any necessary adjustments for the betterment of the program. He stated he felt, as commissioners, the Board should look at the health, safety and welfare as a whole and education deals directly with the welfare of the citizens of Eagle County. He stated he believes there needs to be adjustments made. Further discussion followed on the School Land Dedication Fees. Executive Session Commissioner Johnson moved to adjourn into an "Executive Session" to discuss personnel issues. , Commissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Phillips moved to reconvene as the Board of County Commissioners. commissioner Johnson seconded the motion. The vote was declared unanimous. P.D-291-93-F, River Walk at Edwards Keith Montag, Community Development Director, presented file number PD- 291-93-F, River Walk at Edwards, Phase II, which included two lots. He stated the applicant is Eagle II Developers and informed the Board this application was a final plat for two lots within the PUD. He stated this application places a plat restriction on the plat which will prohibit the sale of issuance of a building permit until such time the public improvements are installed or collateral is issued and accepted by the County to cover the costs of the improvements. Jack Lewis asked if employee housing requirements existed. Mr. Montag responded no on this type of plat. He stated Staff recommends approval of this application. Chairman Gates asked about the off-site Subdivision Improvements Agreement. Mr. Montag stated the plat does require a Subdivision Improvements Agreement to be recorded in conjunction with the plat. Terrill Knight, representing the applicant, discussed the plat restriction and stated the project is almost 85% complete and the applicant intends to collateralize by a }?lat note. Mr. Knight reported he is prepared to pay the school land dedicatlon fees at this time. Mr. Montag stated school land dedication fees were not collected at the time of final plat because it was prior to approval of River Walk PUD, which was based on special use for the bank only. 3 Jim Fritze advised the Board the School Land Dedication Fees fall under the temporary resolution approved by the Commissioners and the applicant will have to pay those fees rather than the old school fees. commissioner Johnson moved to approve file number PD-291-93-F, final plat for River Walk at Edwards, Phase II, Lots 1 and 2, Tract A. commissioner Phillips seconded the motion. The vote was declared unanimous. commissioner Phillips moved to approve the Subdivision and Off-site Improvements Agreement for River Walk at Edwards, Phase II. 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 December 13, 1993. Attest: ~/~ 4