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Home My WebLink AboutMinutes 03/21/95 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING MARCH 21, 1995 Present: James Johnson, Jr. George "Bud" Gates Johnnette Phillips Bob Loeffler Earlene Roach Chairman Corrmissioner Corrmissioner Ass't. County Attorney Deputy Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Corrmissioners for their consideration: corrmissioner Phillips moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Chairman Johnson seconded the motion. The vote was declared unanimous. City Market Earlene Roach, County Liquor Inspector, presented an application for a new 3.2%' Beer License for City Market, Inc., dba/City Market #33. She informed the Board this store was located at 19250 Highway 82, EI Jebel. Ms. Roach stated the application is in order and an inspection was made of the premises which was as indicated on the map. She related this matter was tabled from March 13, 1995 to allow the applicant to be present. Staff recorrmended approval. Commissioner Phillips moved to establish the neighborhood as a three mile radius of the EI Jebel proper. Corrmissioner Gates seconded the motion. The vote was declared unanimous. Discussion followed on the necessity of a petition to establish needs of the neighborhood. corrmissioner Gates moved to table this application for a few minutes for further research on the necessity of the petition. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. Bella Mia Earlene Roach presented a renewal of a Hotel and Restaurant License for Bella Mia, Inc., dba/Bella Mia. She stated this matter was tabled from March 13, 1995 to allow the applicant to be present. Ms. Roach stated the Sheriff's Office reports no complaints or disturbances during the past year. An inspection was made of the premises and all was in order. Staff recorrmended approval. Corrmissioner Gates moved to approve the renewal of a Hotel and Restaurant License with Extended Hours for Bella Mia, Inc., dba/Bella Mia. corrmissioner Phillips seconded the motion. The vote was declared unanimous. City Market Chairman Johnson stated the application for City Market would now continue. Bob Loeffler stated a petition to establish need is not necessary and related the Statutes only require the local authority make a finding as to the reasonable needs of the neighborhood. Chairman Johnson asked about the requirements establishing need in a license other than 3.2%' Beer. Commissioner Phillips stated the petitions in the past really did not make a big difference in approving licenses. Chairman Johnson questioned Staff on the number of 3.2%' Beer 1 establishments and population in the area. Tom Bell, manager of City Market, stated two 3.2%' Beer establishments in one area he does not believe is too many. He stated there is also numerous vehicles traveling Highway 82. Chairman Johnson stated he believes the testimony is sufficient to establish need. Corrmissioner Gates moved to approve the 3.2%' Beer License for City Market, Inc., dba/City Market #33. Corrmissioner Gates seconded the motion. The vote was declared unanimous. corrmissioner Phillips moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Corrmissioners. Corrmissioner Gates seconded the motion. The vote was declared unanimous. PD-296-94-F2, Wildhorse SUbdivision PD-296-94-F3, Wildhorse SUbdivision Kathy Eastley, Planning Technician, presented file number PD-296-94-F2 and PD-296-94-F3, wildhorse Subdivision, Filings 1 & 2. She stated this was a request for a final plat to create 22 single family lots and four tracts designated future development of 51 multi family dwelling units on a total of 85.767 acres. Also a request for final plat to create a Golf Course and Clubhouse on 213.16 acres. She stated these files were tabled from March 14, 1995. Mary Jo Berenato, De~uty County Attorney, stated at the last hearing there were issues concernlng collateral. She explained the $443,000.00 would reclaim the road if the subdivision went defunct. She stated the remaining collateral was for sewer, water and on-site improvements for the proposed subdivision. Kevin Lindahl, Attorney representing the applicant, questioned the collateral being required. He stated he believes what is being required is different policy as what has been required in the past. He stated collateral is required to protect the public. In this application there are two different sets of public, public for Beard Creek Road and buyers for property within the subdivision. If the subdivision is completed there will be an increase in traffic. Mr. Lindahl stated the developer has requested a plat note be put on the plat and no lots be sold until a letter of credit or other acceptable collateral has been supplied to the County. He stated the County will be ~rotected in both instances. He stated this process has been used ln the Cordlllera Subdivision. Mr. Lindahl stated the County is now requesting collateral for the road plus collateral for the road after the new subdivision is completed. He suggested there is not a reason for improvements to the road if the subdivision is not developed. Commissioner Gates asked if Mr. Lindahl did not believe the County has asked for collateral in other subdivisions. Mr. Lindahl stated he remembers the County using plat notes in the past and now for some reason want to change the POllCY. Jim Fritze, County Attorney, stated the discussion and disagreement is not the same as when this matter was tabled. He stated subsequently another Subdivision Improvements Agreement has been prepared requiring the same posting as the original Subdivision Improvements Agreement with the difference of collateral being submitted rather than a plat note. He stated the Subdivision Improvements Agreement mentions prior agreements with Cordillera, but should be referring to agreements with Squaw Creek Development. He stated the discussion last week was the $400,000.00 letter of credit and when it was to be submitted. At this hearin$ the collateral being referred to is the remaining collateral for on-site lmprovements. He suggested the County Engineering Department speak on road improvements and the retaining wall. John Althoff, Engineering Technician, stated it was assumed the road and the retaining wall would be constructed at the same time at a 10%' value. Chai~ Johnson asked if the road and retaining wall must be built at the same tlme. corrmissioner Phillips asked if Staff believes the $450,000.00 would be enough collateral for the road and retaining wall improvements. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Mr. Althoff stated the road and the wall must be built at the same time and the collateral proposed would be enough to complete that project. Mr. Lindahl stated the applicant will submit what the County requires but would like to have their concerns heard. He stated there is no need to post a reclamation bond until construction starts. Chairman Johnson asked counsel if the proposed requirements were actually a change in Eagle County policy. Mr. Fritze stated most projects reviewed by the Board do not have off- site improvements to this magnitude. He stated on those rare occasions the Board has required collateral be submitted. Chairman Johnson stated this Board has required off-site improvements be collateralized. Mr. Fritze stated that is correct but reiterated previous Board's have required different collateral. Commissioner Phillips stated at times it is better to have a plat note rather than a letter of credit. Mr. Lindahl stated Cordillera has performed off-site improvements with no submittal requirements other than a I?lat note until lots are to be sold. Gerry Engle, representing the appllcant, spoke to transferring the property before and after improvements are collateralized. He stated the County can restrict the sale of lots until collateral has been submitted. Chairman Johnson stated the Board needs to determine which Subdivision Improvements Agreement they prefer to sign. Commissioner Gates stated he felt the County was asking for a letter of credit in the amount of $450,000.00. Commissioner Phillips stated she believes the Board should sign the Subdivision Improvements Agreement indicating a plat note would be required. Chairman Johnson stated he believes the 1.5 million dollar collateral should be posted. Mr. Engle discussed Cordillera being the managing partner in the corporate structure. Corrmissioner Gates moved to adjourn into an "Executive Session". Corrmissioner Phillips seconded the motion. The vote was declared unanimous. The Board reconvened from the "Executive Session". Commissioner Phillips moved to approve PD-296-94-F2 with a letter of credit for $450,000.00 and a plat note indicating lots cannot be sold until a letter of credit for those improvements has been submitted. Corrmissioner Gates seconded the motion. The vote was declared unanimous. Commissioner Gates moved to approve PD-296-94-F3, wildhorse Subdivision, with a letter being submitted in the amount of $450,000.00 and a plat note indicatin$ lots cannot be sold until collateral has been submitted. Corrmlssioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Phillips moved to approve the reclamation agreement submitted for the golf course. Corrmissioner Gates seconded the motion. The vote was declared unanlmous . Agreement, Town of Eagle Agreement, RNL Design Keith Montag, Corrmunity Development Director, presented an Intergovernmental Agreement between Eagle County and the Town of Eagle for the Eagle area community plan. He also presented an agreement between Eagle County and RNL Design for the Eagle area corrmunity plan. He stated these documents are set up to where the County is the lead agency and will enter into a contract with the consultant and will be responsible for the relationship with the consultant. He stated the community plan will include Brush Creek area, Eby Creek area and the Eagle River valley on both sides of the town of Eagle. Mr. Montag stated the contract is expected to be completed in seven months, as stipulated and for a total amount of $90,000.00, which is to be split equally between the Town and the County. He 3 related RNL Design will sub-contract with Clarion Associates. corrmissioner Phillips stated this consultant will work with the property owners in the area. Discussion followed on the proposed agreements. Mr. Monta$ informed the Board the first item of business will be to appoint an advlsory corrmittee. He stated the Town of Eagle will appoint four members, the County will appoint four members and then jointly the Town and the County will appoint five members. He related there is four advisory corrmittee meetings and four community meetings scheduled. Corrmissioner Gates moved to approve an Intergovernmental Agreement between Eagle County and the Town of Eagle for an Eagle area commmity plan. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. corrmissioner Phillips moved to approve the agreement between Eagle County and RNL Design for an Eagle community plan contract. Corrmissioner Gates seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until March 27, 1995. 4