No preview available
HomeMy WebLinkAboutMinutes 12/11/2001 PUBLIC HEARING DECEMBER 11,2001 Present: Tom Stone Michael Gallagher Arn Menconi Tom Moorhead Jack Ingstad Sara J. Fisher Chairman Commissioner Commissioner County Attorney County Administrator Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Chairman Stone spoke to the terrorist attacks and this date marking the three month anniversary of the events. He stated it was significant that there was a Board meeting on September 11, 2001 and that Eagle County continued to remain open in the face of the terrorist attacks. He related at that time it was unknown as to the extent of those attacks. At that time there was a moment of silence. He stated the President has asked that this be a day of singing the National Anthem. He stated on the space shuttle that was linked to the Russian space shuttle, they played both the National Anthem and the Russian Anthem. The positive that has come out of the tragedy is the world wide unity that has never been seen before. In response to the President's request, not just looking back on September 11th but in looking forward, the Board will start the day out by saying the Pledge of Allegiance, as they normally do, but will also sing the National Anthem. He stated after the National Anthem, there will be a few minutes of thought and prayer. Consent Agenda Chairman Stone stated the first matter was the Consent Agenda as follows: A) Approval of bill paying for the week of December 10,2001, subject to review by County Administrator B) Approval of payroll for December 13,2001, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioners meeting for November 20,2001 D) Resolution 2001-153, establishing regular public meeting days for the Board of County Commissioners for fiscal year 2002 and establishing days and office hours for County Offices to transact County business for fiscal year 2002 and designating legal holidays for fiscal year 2002 E) Resolution 2001-154 regarding extension of approval of Service Plan for Two Rivers Metropolitan District F) Promissory Note regarding transfer of funds from the general Fund to the Airport Fund G) Annual USGS Gaging Station Funding Agreement H) Eagle Valley Regional Trails Plan Intergovernmental Agreement I) Contract Agreement between Eagle County and David Guinnee, DVM, regarding veterinary animal services for Eagle County Animal Control J) Annual renewal of the Contract with Colorado Department of Public Health and Environment K) Resolution 2001-155, authorizing the Chairman of the Board of County 1 12-11-2001 Commissioners to sign a Change Letter allowing rehabilitation and architectural services for the Riverview Apartments to be extended in time as agreed upon by the State. Chairman Stone asked the Attorney's Office if there were any changes to the Consent Agenda. Tom Moorhead, County Attorney, stated there are no changes. Commissioner Gallagher moved to approve the Consent Agenda as presented. Commissioner Menconi seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Matt Gennett, Planner, presented the following plats and resolutions for the Board's consideration: Resolution 2001-156. To Approve File # ZS-00082. A Special Use Permit For The McFee / Pettet Accessory Dwelling Unit. The Board considered this file at its regular meeting held November 20th, 2001. Commissioner Menconi moved to approve Resolution 2001-156, to approve a Special Use Permit for the McFee / Pettet accessory dwelling unit, file number ZS-00082. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Resolution 2001-157, Canceling Uncollectible Taxes Tom Moorhead presented Resolution 2001-157, canceling certain uncollectible taxes. He stated this was prepared by his office at the request and recommendation of the Treasurer. She has identified taxes that are to be considered un-collectable and it is her position to determine that these taxes are not able to be collected. Karen Schaeffer, County Treasurer stated that these are for items that are un-collectable. Ms. Schaeffer explained that mobile homes have either left the County and the proper paperwork has been done, but the taxes have not come out as pro-rated. Commissioner Gallagher moved to approve Resolution 2001-157 canceling certain uncollectible taxes. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Board of County Commissioners and reconvene as the Eagle County Air Terminal Corporation. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Commissioner Gallagher moved to adjourn as the Eagle County Air Terminal Corporation and reconvene as the Board of County Commissioners. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2001-158, Adopting 2002 Budget Mike Roeper, Finance Director, presented Resolution 2001-158, adopting the Eagle County 2002 budget and setting the County mill levies for 2002. He stated these are actually two resolutions that need to be approved today. He reviewed the figures of the budget totals. Total spending is $71,054,680.00, of which the General Fund is $25,140,852.00, all other funds combined make up the remainder of the total budget. Chairman Stone stated last week they did hold the public hearing and there were comments made by the public at that time. Today is the day required for adoption. He stated he is personally pleased with the budget as it stands right now. He stated he believes they have been conservative in the adoption 2 12-11-2001 but reminded those present there are supplemental budgets available. He stated he spoke with Adam Aaron and they are projecting in the vicinity of a 20% decrease. He did however remark that there is always next year. He hopes that people will get back to flying and spoke of expanding the terminal. He stated he hopes that we can influence the budget. He mentioned that this is a much bigger issue than just Eagle County. Commissioner Gallagher moved to approve Resolution 2001-158, adopting the Eagle County 2002 budget as presented. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2001-159, Adopting the County Mill Levies Mr. Roeper introduced Julie Snyder, Finance Department, who related based on the Assessor's final valuation of $1,968,609,490.00, they proposed the mill levies as 4.450 for general fund, 1.810 for Road and Bridge Fund, .184 for the Social Service Fund, .112 for the Insurance Reserve Fund, .043 for the Capital Expenditure Fund, 04 for the Geo Debt Service Fund. She stated this totals 6.999 mills which is a slight decrease from last year of .08 mills. This decrease will be shown as a temporary mill levy rate reduction. Chairman Stone stated the purpose of showing this as a temporary reduction is because the law reads that it can not be increased without a vote of the people. This allows this Board or a future Board to raise the mill levy if needed. He stated he does think this is significant and complimented the other Elected Officials and Department Heads that the County was able to reduce the mill levy. He stated this shows a commitment to reducing taxes as much as possible. Commissioner Gallagher dittoed that and complimented Jack Ingstad, County Administrator, on his conservative method of running the budget for the past few years and getting the County into the position that they can lower the mill levy a little. Jack Ingstad thanked the Commissioners for sharing the direction and policy of the County. Commissioner Menconi moved to approve Resolution 2001-159, approving and setting the County mill levies for 2002. Commissioner Gallagher seconded the motion. The vote was declared unanimous. AFP-00115, Amended Final Plat, Cordillera Filing 26 Jena Skinner, Planner, presented file number AFP-00115, Amended Final Plat, Cordillera, Filing 26, Lot 11, 0079 Hawley Court. She stated the intent of this plat is to relocate the building envelope on lot 11. Staff findings are as shown on staff report and as follows: Pursuant to Section 5-90.G.2. Standards for Amended Final Plat: Adjacent property. Review of the Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. We have not received any correspondence from adjacent property owners. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed amendment IS NOT inconsistent with the intent of the Final Plat. Conformance with Final Plat Requirements. Review of the Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. Improvement Agreement. 3 12-11-2001 Proposed improvements and/or off-site road improvements agreement ARE adequate. Restrictive Plat Note Alteration. DOES NOT Apply Chairman Stone stated the handout does not seem to show the building envelope. Ms. Skinner stated the map showing the old and new building envelope is attached to staff report. Brent Allmon, applicant, stated they added a small deck to the lower portion of the home and then needed to amend the building envelope. Chairman Stone asked if the home was under construction or already finished. Mr. Allmon stated the deck was added during the construction phase. Chairman Stone asked for public comment. There was none. Commissioner Menconi moved the Board approve File No. AFP-00115, Amended Final Plat, Cordillera, Filing 26, incorporating the findings and authorize the Chairman to sign the plat. Commissioner Gallagher seconded the motion. The vote was declared unanimous. SUF-00004, Valley View Homes Subdivision Matt Gennett presented file number SUF -00004, Valley View Homes Subdivision. He stated the applicant has proposed to subdivide a 5.87 acre site into 17 single-family residential lots. On September 17th, 1998, the Board of County Commissioners approved a Zone Change application (ZC-00025) for Valley View Homes, changing the zoning from Residential Suburban Low Density (RSL) to Residential Suburban Medium Density (RSM). At its regular hearing of April 17th, 2000, the Board of County Commissioners approved a Subdivision Sketch Plan for the Valley View Homes Subdivision (SUS- 00005). At its regular hearing on December 4th, 2000, the Board of County Commissioners approved the Valley View Homes Subdivision Preliminary Plan (SUP-00002). Referral responses are as follows: Eagle County Engineering. All Engineering and Surveyor's comments have been satisfied. Staff findings are as shown on staff report and as follows: Pursuant to Section 5-280.B.5.b.(3) Final Plat for Subdivision - Action by the Board of County Commissioners: 1) This Final Plat for Subdivision conforms to the approval given to the Preliminary Plan for Subdivision. 2) The required improvements are adequate. 3) Areas dedicated for public use and easement are acceptable. Pursuant to Section 5-280.B.3.e Standards of the Eagle County Land Use Regulations: 1) Consistent with Master Plan. The proposed subdivision IS consistent with the Eagle County Master Plan and the FLUM ofthe Master Plan; 2) Consistent with Land Use Regulations. The proposed subdivision DOES comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. An approved Subdivision Improvements Agreement (SIA) shall be executed concurrently with the Final Plat. 3) Spatial Pattern Shall Be Efficient. The proposed subdivision IS located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (a) Utility and Road Extensions. Proposed utility extensions ARE consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions ARE consistent with the Eagle County Road Capital Improvements Plan. (b) Serve Ultimate Population. Utility lines ARE sized to serve the planned ultimatel 4 12-11-2001 population of the service area to avoid future land disruption to upgrade under-sized lines. (c) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-served area. 4) Suitability for Development. The property proposed to be subdivided IS suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. 5) Compatible With Surrounding Uses. The proposed subdivision IS compatible with the character of existing land uses in the area and DOES NOT adversely affect the future development of the surrounding area. Mr. Gennett stated it has been agreed there will be a $14,000.00 off site road improvements fee to which the applicant has agreed. Tom Boni, Knight Planning Services, stated two parcels of land were owned separately and the two owners got together and came up with a cohesive plan to develop both properties. He related there is one access to Valley Road and there is a plat note that states there will be no additional accesses allowed. He stated the set back on the back lot lines will be 25 feet with the exception of lot 12, which will have a 20 foot setback. He stated that was also a condition of the plat. He stated there are 17 lots which range in size from the smallest of 8,200 square feet to the largest is 27,000 square feet. He stated the lots against the Summit Vista boundary are larger and range from 10,000 to 11,000 square feet. He stated the applicant has obtained a 1041 permit to extend water and sewer services to the property. Jason Seigle, one of the owners, was present for the hearing. Chairman Stone asked for public comment. There was none. Chairman Stone read parts of a letter from Paula Smith Jones for the record as follows: "Community Development Department, I'm a neighbor living in the adjoining Summit vista Subdivision and my husband's and my property is directly adjacent to Lot 5 of the Valley View Homes Subdivision. I have attended many of the previous meetings and submitted written comments with regard to the proposed Valley View Homes Subdivision. And, over the past several years, I have tried working with one of the property's owners, Mr. Adrian Vanthoff, on issues that included cutting the dried wild grasses in his open field (a fire hazard); drunken, disruptive renters; and un-permitted, noxious trash fires started by his renters during a season of high fire danger. As you probably know, recently, Mr. Vanthoff" s property was the site of a brutal murder. Given my experiences, I am not hopeful that the subdivision in question will be a significant improvement over the deteriorating, substandard, and partially abandoned collection of buildings currently in place on the property. I truly hope that Mr. Vanthoff is a more conscientious developer than he is a landlord. Therefore, I respectfully request of the Development Department and the Commissioners that the following items be made requirements for approval of the final plat for the Valley View Homes Subdivision: 1. Total of 16, not 17 lots, as Mr. Vanthoff stated in a meeting with the Roaring Fork Planning Commission in November 2000. 2. Immediately remove the inoperable school bus on the property, which has been parked there for months and is currently being used as a dwelling. 3. Immediately raze all buildings and clean up property of noxious trash (i.e. old tires.) In the past, Mr. Vanthoff s site has been a considerable liability to our neighborhood. I look forward to the Valley View Homes Subdivision becoming an asset in the future." 5 12-11-2001 The letter is signed by Paula Joan Smith of Carbondale, Colorado. Chairman Stone stated the Board cannot change the number of lots now as this is a final plat. He asked the applicant to comment on the items stated in the letter. Mr. Seigle stated he does not currently own this portion of the property. He explained as far as the fires, there was a fire permit granted by Eagle County for the burning. He stated it is part of the plat that the current buildings must come down during construction. The utilities that are currently run to those are above ground. He related the gentleman who owns the bus does not live there. He resides in the adjacent house and is currently working on the bus. He will be using it as an RV in the future. He stated all homes have been vacated with the exception of that one. Chairman Stone asked that all old tires be removed from the property and the site cleaned up. Mr. Seigle stated the tires are being removed by a gentleman who is utilizing them for an environmental building. He can only take so many at one time but they are being removed. Commissioner Gallagher suggested the applicant visit with the neighbor to resolve this problem. Commissioner Gallagher moved the Board approve File No. SUF-00004, Valley View Homes Subdivision, incorporating Staffs Findings, and authorize the Chairman to sign the plat. Commissioner Menconi seconded the motion. The vote was declared unanimous. Presentation to the Commissioners Chairman Stone stated he has been told by Dick Kessler, Fair and Rodeo Coordinator, that Eagle County is now being asked by various Counties how to improve their own Fair and Rodeo. He believes it significant. In order to put on that event it takes all three Commissioners working together. He presented belt buckles to Commissioner Gallagher and Commissioner Menconi and thanked them for their help. There being no further business to be brought before the Board the meeting was adjourned until December 18,2001. Attest: Clerk to the B c~-Jp- 6 12-11-2001