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HomeMy WebLinkAboutMinutes 12/13/93 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING DECEMBER 13, 1993 Present: George "Bud" Gates James Johnson, Jr. Johnnette Phillips Jim Fritze Sara J. Fisher Chairman Conmissioner conmissioner County Attorney Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Corrmissioners for their consideration: Partial Release of Collateral, slUlIIlit vista Chairman Gates opened the meeting stating the first item on the agenda was Fourth Partial Release of Collateral for Summit Vista, Phase II and acceptance of summit Drive for maintenance by the County. Phil Scott, Engineering Technician, stated Staff discovered more money was needed for the ten percent retainage than $1,300.00 originally stated. The amount needing to be held was $16,700.00. He stated the Board needs to recognize the reduction in collateral, start the two year warranty period and accept summit Drive for maintenance. Norm Bachelor, Meldor Partnership, presented a letter of credit in the amount of $16,700.00 and the original letter in the amount of $1,300.00. Jim Fritze, County Attorney, stated the applicant was concerned with the utilities that were installed in 1989 and are currently not under his control. He related he spoke with the applicant and instructed him to obtain letters from the utilities indicating they had accepted the utilities and would not look to the County for security. Conmissioner Johnson asked if 10% was needed if the utilities are not included in the warranty period. He related prior Board I s of County Corrmissioners had not been consistent with collateral. Mr. Bachelor stated he does not have letters from the utility companies as more time is needed to obtain them. He discussed the warranty period for the previously installed utilities. Conmissioner Johnson stated he would agree to reduce the collateral being held to $4,800.00 after receipt of letters from the utility corrpanies indicatin~ the County will not be responsible for those irrprovements. Conmlssioner Johnson moved to approve a Resolution for fourth (4) partial release of collateral for Summit Vista Subdivision, and accept Summit Drive for maintenance. The County shall retain $16,700.00 during the two year warranty period. Commissloner Phillips seconded the motion. The vote was declared unanimous. 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) Approval of minutes for October 25 through November 15, 1993 03) County Veterans Service Officer's monthly report and certification of pay for November. Conmissioner Johnson read changes he would like to see in the Corrmissioner minutes. Conmissioner Phillips moved to approve the minutes of October 25 & 26, 1993 and November 1, 8, 9 and 15, 1993 with corrections as read by Corrmissioner Johnson. Conmissioner Johnson seconded the motion. The vote was declared unanimous. Conmissioner Johnson moved to approve items one, bill paying and three, 1 County Veterans Service Officer's monthly report and certification of pay for November. Conmissioner Phillips seconded the motion. The vote was declared unanimous . Resolution 93-151 Larry Metternick, County Engineer, ~resented Resolution 93-151, authorizing the second extension of Subdlvision Improvements Agreement and Partial Release of Collateral for McGardy Acres/Nottingham Ranch Company. He stated Mr. Nottingham has requested an extension until September 1, 1994 to allow time to complete improvements on the existing bridge. He stated the applicant has also requested a change in collateral. Mr. Metternick stated he had re91ested a new inspection on the bridge due to deterioration and found addltional repairs needing to be corrpleted. He requested the collateral be reduced to the amount needed to complete improvements on the bridge plus 10% for the warranty period plus 10% additional collateral. Conmissioner Johnson stated there is another bridge which was repaired and the County has kept 10% collateral for six years. Mr. Metternick stated the reason for non-corrpletion of irrprovements of this application is of no fault of the applicants. Chairman Gates questioned the dates for the completion of irrprovements and the expiration date on the letter of credit. conmissioner Johnson stated the completed improvements is $295,000.00 and the projected improvements ~lus 10% retainage would be $67,100.00. Jim Fritze stated the Subdlvision Irrprovements Agreement submitted is different than the original. He stated he has not had the opportunity to review the new agreement. He reviewed the Subdivision Improvements Agreement with the Board. Conmissioner Johnson asked about the completion of improvements excluding the bridge. Mr. Metternick stated all improvements were completed last Spring with the exception of the bridge. . Conmissioner Johnson moved to authorize the second extension of the Subdivision Irrprovements Agreement and partial release of collateral for McGrady Acres, a part of Nottingham Ranch. The letter of credit amount shall be $98,500.00 and the two year warranty period will run from the date the County acce~ts the repairs on the bridge as complete. The Board will then hold a hearlng to find the subdivision complete. conmissioner Phillips seconded the motion. The vote was declared unanimous. Roaring Fork Transit Jim Fritze ~resented an a~reement between Eagle County and Roaring Fork Transit for publlc transportatlon services to Basalt and El Jebel. He explained the agreement to the Board. Mr. Fritze informed the Board this agreement must be approved by Resolution and there is no time to draft a Resolution for 1993. He reconmended the Board adopt the agreement for 1994 and draft a Resolution. conmissioner Johnson stated the Board did bud~et monies for RAFTA in the 1994 budget and related he would like to see this lssue put on the agenda for as early as possible in January. Allen Sartin, Finance Director, stated no payments have been made to RAFTA as of this date. Conmissioner Phillips stated she wonders if Roaring Fork Transit knows County procedure. Discussion followed on the difference between Resolutions and Ordinances. Conmissioner Phillips moved the Board approve an agreement between Eagle County and Roaring Fork Transit Agency for public transportation services to Basalt and El Jebel. Conmissioner Johnson seconded the motion. The vote was declared unanimous. Tax Sale Certificates 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Karen Sheaffer, Deputy Treasurer, present~d,erroneous tax sc;.l.e certificates. She informed the Board tax certlflcates have prevlously been redeemed and the County is in the black. She requested $4,000.00 be deposited in the Treasurer's budget. Corrmissioner Johnson questioned the amount of money being requested by the Treasurer's Office. Ms. Shaeffer stated the Treasurer's Office has to ask for reimbursement monies in thousand dollar increments. Commissioner Phillips asked if this amount was included in the transfers and appropriations. .... Allen Sartin responded the Treasurer's Offlce lS only In the black In terms of approval from the Conmissioners. He stated a large amount is included in the budget each year for these type abatements. Conmissioner Phillips moved to approve the request in the amount of $4,000.00 for redemption of erroneous tax sale certificates. Corrmissioner Johnson seconded the motion. The vote was declared unanimous. Consortilml Booth for Ground Transportation Chairman Gates stated this item has been pulled from the agenda. Dan Reynolds, Airport Manager, stated on November 29, 1993 Staff met with the transportation providers and no agreement was reached. He stated he received proposals and he has reviewed the site for the consortium booth. Mr. Reynolds stated the majority of the transportation providers would rather have an area in the baggage clalm area roped off and be allowed to hold a modest sign for their passengers. He stated there is no need to continue with plans for a consortium booth. The Board concurred the item shall be pulled from the agenda. Resolution 93-153 Allen Sartin presented Resolution 93-153, concerning the 1994 Fiscal Budget Mill Levy. He stated the mill levies do not need to be changed in accordance with Amendment One. Jim Fritze stated Mr. Black has received instruction from the Department of Local Affairs to re-certify the mill levies on Friday the 10th of December. Allen Sartin stated today the Board will be adopting the County mill levy and next week the Board will certify all mill levies to the Treasurer for collection of property taxes. He stated the total levy for 1994 is 10.018 which is lower than last year. commissioner Johnson moved to approve Resolution 93-153 concerning the 1994 Fiscal Budget Mill Levy for Eagle County. Conmissioner Phillips seconded the motion. The vote was declared unanimous. Resolution 93-154 Allen Sartin presented Resolution 93-154, adopting an amended budget and appropriation for fiscal year 1993 and authorizing the transfer of budgeted monies between various s~ending agencies. He stated ex,(?enses were lower in 1993 and revenues were hlgher, resulting in a decrease In spending by most of the departments. Jim Fritze advised the Board any funds not expended are being reserved so the limits are not decreased under Amendment One. Commissioner Phillips moved to approve Resolution 93-154 adopting an amended budget and appro~riation for fiscal year 1993 and authorizing the transfer of budgeted monles between various spending agencies. Conmissioner Johnson seconded the motion. The vote was declared unanimous. Abatements 3 Allen Black, Eagle County Assessor, presented an abatement for Philip and Deb Schechter, schedule number 19579. He stated the petitioner believes the value of the property for 1992 is too high. Philip Schechter, petitioner, stated he did not understand the appraisal process and believes the sales prices indicates his value is too high as there is extensive water damage due to faulty construction. He informed the Board his next door neighbor had to reduce the price of his house one hundred thousand dollars because the market is not there. Allen Black stated the time frame being used to establish values was 1989 and the first half of 1990. He stated the sale of the house in question was $750,000.00. Mr. Black informed the petitioner if he would like to change the property transfer declaration from $750,000.00 to $720,000.00 he may do so. He asked if the physical condition of the house was the same in 1992 as it is today. Mr. Schechter stated the problem with the house is a leaking roof and damage is extensive throughout the entire structure, which is due to a construction error and was present at the time of purchase. Mr. Black requested the Board table this matter to allow an appraiser to inspect the ~remises. Conmissloner Phillips moved to table the petition for abatement for Philip & Deb Schechter, schedule number 19579, at the applicants request, to January 3, 1994, to allow time for an inspection. Conmissioner Johnson seconded the motion. The vote was declared unanimous. Allen Black presented a petition for abatement from Seattle First National Bank, schedule numbers 32994, 32989, 32992, 32995, 33000, 34004, 34005, 30770, 30773, 05300, 30788, 33703. He stated he believes this matter should be tabled as no one is prepared to go forward. He informed the Board there is a law suit pending with the Eagle County Treasurer concerning this property. conmissioner Johnson asked the applicant when he would be able to go forward. Joe Monson, applicant, requested the Board table to January 3, 1993. Jim Fritze stated he had spoken with the Attorney representing Mr. . Monson, who indicates he would like to resolve this issue. conmissioner Phillips moved to table the petition for abatement for Seattle First National Bank, at the applicants request, to January 3, 1994 to allow the petition time to prepare. conmissioner Johnson seconded the motion. The vote was declared unanimous. Allen Black presented a petition for abatement for Vail International, schedule number 30473. He reconmended approval as there was an error made in the square footage of the property. Conmissioner Johnson moved to ap~rove a petition for abatement for Vail International, schedule number 30473 In the amount of $2,598.49. Conmissioner Phillips seconded the motion. The vote was declared unanimous. Allen Black presented a petition for abatement for Douglas P. White, schedule number 019471. He stated the applicant has requested this matter be tabled as he could not be here at this time. Conmissioner Johnson moved to table the petition for abatement for Douglas P. White, schedule number 019471, at the applicants request to January 3, 1994. Conmissioner Phillips seconded the motion. The vote was declared unanimous. Allen Black presented a petition for abatement for Delphine M. Patterson, schedule number P020589. He stated the petitioner is requesting an abatement on the household furnishings in the rental unit for 1993. He stated the Board cannot proceed as those amounts have not yet been established. Mr. Black stated the Assessor's Office has a value of $2,600.00 on the furnishings and the petitioner believes they are only worth $200.00. conmissioner Phillips moved to deny schedule number P020589, Delphine M. Patterson, regarding personal property for the rental unit in Vail. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 According to section 39-10-114, CRS, there is no basis for the abatement. Conmissioner Johnson seconded the motion. The vote was declared unanimous. Wester.n Eagle County Ambulance District Ron Foss, District President, appeared for discussion on a possible lease of property at the Eagle County Airport. He stated the Board had requested previously the Ambulance District consider adding on to their current facility and report back to the Board. He related the District would like to construct a building isolated from the ARF building. Mr. Foss stated he has brought along the Architect to explain the design to the Board. Lar~ McKensie, Architect, stated he had contacted the architect for the ARF buildlng who indicated the price of the building was $85.00 per s~are foot. Mr. McKensie stated the Ambulance District needs to build a bUllding of a~proximately 4,000 square feet to meet their current needs. He presented drawlngs for a proposed building which will run approximately $60.00 per square foot. Chairman Gates asked if it was feasible for the District to construct this building and if the design would fit in with other buildings at the Airpo~~: McKensie answered he believed the building will fit in with current designs at the Airport. He described the building, its colors and siding choices. Jim Fritze stated the land would have to be leased to the Ambulance District or have the property appraised and sell the land for 90% of the appraised value. Mr. Foss stated the District has $200,000.00 budgeted and hopes to spend no more than $220,000.00. Mr. Fritze stated the County Manager has expressed concerns with the cost estimates. Mr. McKenzie stated there are other buildings in the County that were built for $58.00 per square foot. Jim Fritze stated the County would have to contact the F.A.A. to obtain their opinion on the Ambulance District leasing a portion of property in a different location than where they are currently, and discuss the possibility of a minimal lease amount. Discussion continued on the proposed buildin~ of the Ambulance District. The Board concurred to continue this discusslon at a later date after obtaining information on all possibilities. Open Meeting Chairman Gates stated the next item on the agenda was the open session of this meeting. Gary Bemis, Bemis Plumbing and Heating, appeared to discuss a potential problem with the Lake Creek Apartments. He stated there is a problem with a stewter vent. Mr. Bemis stated the building is not vented and residents will be sick from sewer fumes. He informed the Board Bob Kohrman, Eagle County Plumbing Inspector, attended the Spokane meeting. Mr. Kohrman allowed the stewter vent to be used in the Lake Creek Apartments. Mr. Bemis stated the only one who can change the State Plumbing Code is the State Examining Board. Conmissioner Phillips asked if the gases backing up in the sewage system could be fatal. Mr. Bemis stated when an individual applies for a job at a sewage treatment plant they must take all known shots before startin~ work. conmissioner Johnson stated he appreciated Mr. Bemis comlng forward and updating the Board on the situation. He stated if this type system is going to make individuals sick the Board will look into the matter. Jim Fritze informed eve~one the project is not owned by Eagle County. Mr. Bemis stated he reallzed Eagle County did not own the project but they are the ones who are approving and allowing these vents to be installed. Gerry Best, County Building Inspector, stated he stopped the project as soon as Mr. Bemis informed him of the problem. He related a meeting was held 5 with all parties and it was decided this system was an approved system and could be used. The Board concurred to schedule a work session with all involved parties to resolve this issue. Ga~ Hill, area resident, appeared and informed the Board the covenants in the Slngletree Subdivision are not being enforced. Chairman Gates asked if the covenants were ado~ted by the Homeowners Association, and if so, they would have more authorlty. Jim Fritze stated covenants are a contract between individual property owners and the Subdivision. He stated the Board of County Conmissioners cannot enforce private covenants. Mr. Hill stated the covenants state the Board of County conmissioners can institute proceedin~s to correct the problem. conmissioner Philllps questioned the ~ssible violations. Mr. Hill stated dumpsters are placed lnappropriately and ~rtable toilets are against the covenants. He stated vegetation is belng destroyed. Mr. Hill stated this is a young commmi ty and nothing is being done. He stated he s~oke with one contractor who did not care about the area at all. Mr. Frltze stated the document Mr. Hill presented to the Board is not covenants but is the PUD Control Document. conmissioner Phillips suggested the County Building Department make an on-site inspection to see if there are any County violations. There being no further business to be brought before the Board the meeting was adjourned until December 14, 1993. Attest: 6