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HomeMy WebLinkAboutMinutes 01/27/04 PUBLIC HEARING January 27, 2004 Present: Tom Stone Michael Gallagher Jack Ingstad Diane Mauriello Teak Simonton Chairman Commissioner County Administrator County Attorney Clerk to the Board Absent: Am Menconi Commissioner This being a scheduled Public Hearing the following items was presented to the Board of County Commissioners for their consideration: Executive Session Chairman Stone stated the first matter before the Board was an Executive Session. Commissioner Gallagher moved that the Board go into Executive Session for the purpose of receiving legal advice and instructing negotiators regarding the purchase of real property located at 1125 Chambers Avenue and contract negotiations with URS Corporation and for the purpose of receiving legal advice concerning the Legacy Contract for the 800 MHZ system (911 Board) and finally for the purpose of receiving legal advice concerning communication with and Cordillera's proposed Wildfire regulations all of which are appropriate topics for discussion pursuant to C.R.S. 24-6-402(4)(a) and (b). Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. At the close ofthe discussion, Commissioner Gallagher moved to adjourn from Executive Session and reconvene into the regular meeting. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. Consent Agenda Chairman Stone stated the next matter before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of January 26,2004, subject to review by County Administrator B. Approval of the Minutes of the Eagle Board of County Commissioners Meeting for January 6, 2004 C. Cooperative Extension Memorandum of Understanding D. Cooperative Extension Supplemental Memorandum of Understanding E. Agreement between Eagle County and Colorado Department of Public Health and Environment for Immunization Services F. Agreement between Eagle County and The Cooper Institute G. Agreement between Eagle County and Tina Fleishman H. Agreement between Eagle County and Anderson Western Colorado Camps, Ltd. 1. Community Services Block Grant Application for 2004 - 2005 J. Resolution 2004-012, for Adoption of an Investment Policy K. First Amendment to the Intergovernmental Agreement Creating the Partnership for Education L. Grant of Easement between Remonov & Company, Inc. and the Robin E. Hernreich Foundation (Acceptance) 1 January 27,2004 .... M. Review and potential counter proposal for the purchase of real property located at 1125 Chambers Avenue, Eagle, Colorado N. Affleck Photography Agreement O. Resolution 2004-008, Increasing Landfill Tipping Fees. Chairman Stone asked the Attorney's Office ifthere were any changes to the Consent Agenda. Diane Mauriello, County Attorney, stated that item M, review of the counter proposal for the purchase of property at 1125 Chambers Avenue, Eagle, Colorado, should be removed and be addressed by the Board in the afternoon session of the hearing. Commissioner Gallagher moved to approve the Consent Agenda with the exception ofItem M, which has been deleted. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Menconi could not be present at this meeting due to personal business. Plat & Resolution Signing Cliff Simonton, Planner, presented the following plats and resolutions for the Board's consideration: Resolution 2004-009 to approve an amendment to the Elliot Ranch Planned Unit Development, Eagle County file number PDA-00043:. The Board considered the Applicant's request on September 16, 2003. Commissioner Gallagher moved to approve Resolution 2004-009, to approve an amendment to the Elliot Ranch PUD, file number PDA-00043. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Resolution 2004-010, to approve a site specific development plan for Phase 2 Recreation Fields on Tract C of the Berry Creek I Miller Ranch Planned Unit Development, Eagle County file number PR-00024. The Board considered the Applicant's request on September 30,2003. Commissioner Gallagher moved to approve Resolution 2004-010, approving a site specific development plan for Phase 2 Recreation Fields on Tract C ofthe Berry Creek I Miller Ranch PUD, file number PR-00024. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. Resolution 2004-011, Appointments to Home Buyers Assistance Committee K. T. Gazunis, Housing Director, stated the next matter before the Board was Resolution 2004- 011, concerning appointments to the Eagle County Home Buyers Assistance Committee. Jean Klein represents Habitat from Humanity, Candy Spade and Carol Carlson will be filling the two vacant at large groups. These are the three new members. Leslie Isom and Elizabeth Malasco are asking to be re- appointed to serve throughout 2004. The Board will also be ratifying the list of those who are currently serving and wish to continue to serve throughout 2004. Chairman Stone asked for a recap of achievements to date from the committee. Ms. Gazunis stated they adhere to the guidelines and make recommendation to the Board for the payment of assistance funds. They will also be submitting recommendations for the maximum purchase price and terms for the loan standards concerning the down payment assistance program. They are also active participants in the first time home buyers committee. Commissioner Gallagher expressed his gratitude to these citizens for their time and commitment. Chairman Stone concurred. Commissioner Gallagher moved to approve Resolution 2004-011, concerning appointments to the Eagle County Home Buyers Assistance Committee. 2 ... January 27,2004 Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. Commissioner Gallagher moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. Liquor License Consent Agenda Earlene Roach, Liquor Inspector, presented the Liquor License Consent Agenda as follows: A) Fabulous Food, Inc. Blue Creek Grill This is a renewal of a hotel & restaurant license. This establishment is located in the new Crawford building in El Jebel, along El Jebel Road. There have been no complaints or disturbances during the past year. B) RHF Food Enterprises LLC Alpinista Pizzeria This is a renewal of a hotel & restaurant license. This establishment is located along Main Street in the Riverwalk Center in Edwards. There have been no complaints or disturbances during the past year. C) Ski Resort Concepts LLC Grouse Mountain Grill This is a renewal of a hotel & restaurant license. This establishment in located along Scott Hill Road in the Pines at Beaver Creek. There have been no complaints or disturbances during the past year. D) Fitzsimmons Motor Company This is a renewal ofa 3.2% off premise beer license. This establishment is located along Highway 82 in El Jebel. There have been no complaints or disturbances during the past year. Commissioner Gallagher moved to approve the Liquor License Consent Agenda for January 27, 2004, as presented. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. Ducks Unlimited Earlene Roach presented an application for a special events permit for Ducks Unlimited for February 28,2004 from 5:00 p.m. to 12:00 a.m. at the Eagle County Fairgrounds exhibit hall. She stated this application is in order and all fees have been paid. As this is an annual event and there have not been any problems, staff has no concerns. Staff recommended approval. Wendy Sacks, applicant, was present for the hearing. She told the Board that this was an annual event with a dinner, silent auction and live auction. She assured the Commissioners that she and Bob Doyle would supervise the serving staff. She told the Board that she is TIPS trained and qualified to do this. Commissioner Gallagher moved the Board approve a special events permit for Ducks Unlimited for February 28,2004 from 5:00 p.m. to 12:00 a.m. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. 3 January 27,2004 The Lodge and Spa at Cordillera Earlene Roach presented a transfer of ownership of a hotel and restaurant license with optional premises for Colorado Hotel Operator, Inc. and Fandango Cordillera LLC, d/b/a the Lodge and Spa at Cordillera. The previous owner was Kensington Management Company, d/b/a Lodge at Cordillera. Also included in this application is a manager's registration for Paul Pastoor. Mr. Pastoor was also the manager of the Lodge for Kensington Management. Staffhas no concerns with this application. Everything is in order and all fees have been paid. This application is in conformance with all applicable State and County Regulations. All applicants are reported to be of good moral character. Staff recommended approval. Alan Dill, Attorney representing the applicant, stated that this application is also under concurrent with the State, who have approved the application and are awaiting local approval. They are requesting a joint license between the owner and the management company. Harold (Harry) Rosenthal stated that he is the managing member of both entities. He is present at the location about once a month. He stated that the purchase transaction had been completed. He stated that he had personally reviewed the alcohol management plan. Mr. Dill continued to question Mr. Rosenthal concerning ownership and management of the proposed operation. Commissioner Gallagher asked Mr. Rosenthal where he resides. Mr. Rosenthal stated that he resides in Utah and is not aware of the Colorado liquor code in great detail. He has familiarized himself with the requirements that apply to their operation. Chairman Stone thanked the applicant for the detail with which they prepared their plan and presentation. He informed Mr. Rosenthal that Mr. Pastoor had a good reputation. Commissioner Gallagher moved the Board approve a transfer of ownership of a hotel and restaurant license with optional premises for Colorado Hotel Operator, Inc., and Fandango Cordillera LLC, d/b/a The Lodge and Spa at Cordillera. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. Commissioner Gallagher moved the Board approve a manager's registration for Paul Pastoor, Colorado Hotel Operator, Inc., and Fandango Cordillera LLC, d/b/a the Lodge and Spa at Cordillera. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. Commissioner Gallagher moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Abatement Hearings Jon Harrison, Appraisal Coordinator, presented a petition of abatement for A. Luc Pols, schedule number R042726. ??? stated the quality of construction was corrected to make it consistent with the other half of the duplex, per a site inspection of the subject property. Pursuant to CRS 39-10-114, this abatement should be granted. For 2002 tax year, the original assessed value was $145,300.00 with a tax amount of$6,376.64, with an abatement of$50,840.00 and a tax amount of$2,231.16, leaving a balance of $94,460.00 with a tax amount of$4,145.48. Mr. Luc Pols, petitioner, was present for the hearing. He did not understand the calculation regarding the fair market value. He stated that the calculation did not seem logical. Mr. Harrison stated that the Assessor's Office collects sales from 2001 and the first six months of 2002 to determine the assessed value for 2004, according to statutory requirements. 4 January 27,2004 Bryan Treu, Assistant County Attorney, clarified that the abatement was for 2002, and so the comparative dates would be different. Chairman Stone explained the assessment process for Mr. Pols. He stated that the appraisal is based on sales that happened from June 30 ofthe proceeding year and back 18 months. This takes into consideration a historical perspective. He further explained that the purchase price would be included with other properties of comparable value during the 18 month period that would be used. Mr. Harrison explained that the legislature set the system up this way to anticipate a normal upward cycle of home valuation. Chairman Stone commended the owner for coming forward to speak to the Board. Mr. Pols asked about the 2003 tax bill. He wondered if the same steps would have to be taken regarding this assessment. Mr. Harrison stated that the 2003 value was based on 2001 and the first half of2002. The new 2003 valuation reflects approximately 100,000 less than the recommended abatement. Chairman Stone suggested that the applicant sit down with the Assessor with a pen and paper and build a timeline to better understand the procedure. Commissioner Gallagher moved to approve a petition of abatement for A. Luc Pols, schedule number R042726, as recommended by the Assessor. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. Jon Harrison presented a petition of abatement for Roy S. Walzer, schedule number R00841O. He stated due to a physical inspection of the subject property and a review of appropriate comparable used in determining the value, the Assessor is recommending approval of the abatement. For 2001 tax year, the original assessed value was $592,440.00 with a tax amount of$$25,787.14, with an abatement of$154,270.00 assessed value with a tax amount of$6,714.92, leaving a balance of$438,170 assessed value with a tax amount of$19,072.22. For 2002 tax year, the original assessed value was $592,440.00 with a tax amount of$27,165.16, with an abatement of$154,270.00 with a tax amount of$7,073.76, leaving a balance of$438,170.00 assessed value with a tax amount of $20,091.40. Jon Harrison presented a petition of abatement for 115, LLC, schedule number ROl 0240. He stated this abatement is due to a physical inspection of the property. The improvements are agreed to be of scrapper value at approximately $65.00 per square foot of living area. There is no change in land value. The Assessor recommended approval of the abatement. For 2002 tax year, the original assessed value was $376,000.00 with a tax amount of$17,240.72, with an abatement of$80,690.00 and a tax amount of$3,699.88, leaving a balance of$295,310.00 with a tax amount of$13,540.84. For 2001 tax year, the original assessed value was $376,000.00 with a tax amount of$16,366.16, with an abatement of $80,690.00 and a tax amount of$3,512.20, leaving a balance of$295,310.00 with a tax amount of $12,853.96. Jon Harrison presented a petition of abatement for Monroe M. And Rella S. Rifkin, schedule number R018187. He stated this property value was adjusted in 2001 after being appealed, based on an adjustment in construction quality. After review of sales in the subject neighborhood it was found that the subject property was over valued. Pursuant to CRS 39-10-114, this abatement should be granted for over valuation. For 2002 tax year, the original assessed value was $292,250.00 with a tax amount of $20,762.32, with an abatement of $24,540.00 and a tax amount of$I,743.40, leaving a balance of $267,710 with a tax amount of$19,018.92. Jon Harrison presented a petition of abatement for Fury Partnership LLP, schedule number R048739. He stated an interior inspection and exterior measurement of the property was performed at the request of the owner. Based on this inspection the Assessor's record for the subject property has 5 January 27,2004 been updated. This update includes changes to square footage and building attributes. The change in value indicated in this abatement is based on the updated record and sales of similar property in the neighborhood. Pursuant to CRS 39-10-114, this abatement should be grated for over valuation. For tax year 2001, the original assessed value was $115,010.00 with a tax amount of$13,025.18, with an abatement of$42,120.00 and a tax amount of$3,539.26, leaving a balance of$112,890.00 with a tax amount of$9,485.92. For tax year 2002, the original assessed value was $155,010.00 with a tax amount of $12,570.24, with an abatement of$42,120.00 and a tax amount of$3,415.64, leaving a balance of $112,890.00 with a tax amount of$9,154.60. Commissioner Gallagher moved to approve the petitions of abatement for Fury Partners LLP, schedule number R048739, Roy Walzer, Schedule No. R008410, Monroe M. and Rella S. Rifkin, Schedule No. R018187, 115 LLC, Schedule No. ROI0240 as recommended by the Assessor. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. Commissioner Gallagher asked about "scrapers". Mr. Harrison stated the scraper value is for the older properties based on the age built and not remodeled. Those properties sell for not a great deal more than the land value. For the most part they will be torn down as a general rule and a new residence built. Jon Harrison presented a petition of abatement for Diane D. Writer schedule number R008887. He stated the subject's improvements are valued at a minimum scrapper value of approximately $65.00 per square foot of living area per an analysis of comparable sales. Improvement values were stipulated to in previous appeals and are only valued for that particular re-appraisal period. This abatement should be denied pursuant to CRS 39-10-114. Jon Harrison presented a petition of abatement for Pamela S. and Richard H. Bard, schedule number R054062. ??? stated the subject property for 2003 is currently Lot 10 of the Red Sky Ranch Subdivision and is 2.749 acres. This parcel was originally two adjacent lots, 10 and 12, which were combined by the current owner. The owner purchased Lot 10 on December 18,2001 for $695,000.00 and Lot 12 on July 26, 2002 for $695,000.00. The value for each lot in the 2001 tax year was $48,060 which was based on the original create of the property by the developer. The value for each lot in 2002 was $560,000.00. This value was based on market data from January 1, 1999 through June 2000. This time frame is mandated by Colorado Revised Statute. The two lots were combined on November 1, 2002; therefore the owner received one tax bill for 2002 based on the combined value of the two lots. It is worth noting that the 2001 taxes for both lots were paid by the developer which is Vail Resorts. Also, the current owner did not own Lot 12 in 2001 and does not have the right to abate 2001 taxes for that lot. The values placed on these parcels for the 2001 and 2002 tax years are fair and equitable. Pursuant to CRS 39-10-114 this abatement should be denied. Commissioner Gallagher moved to deny the petitions for Abatement / refund of taxes for the following individuals and Schedule Numbers be Denied for the tax years and for the reasons as set forth in the Assessor's recommendation sheets, such recommendations being incorporated into this hearing by reference: Diane D. Writer, schedule no. R008884 and Richard and Pamela Bard, schedule no. R054062. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unanImous. 6 January 27,2004 ZS-00072 T -Mobile lena Skinner-Markowitz, Planner, presented file number ZS-00072, T-Mobile. She stated the applicant is requesting this matter be tabled to February 17, 2004. She stated during the Planning Commission hearing there were two items that came up that needed investigation, one being that Cordillera produced information that the site was being located on a conversation easement, the other was that the applicant needed additional time to confer with the Cordillera Homeowners Association and work through some issues. Commissioner Gallagher moved to table file number ZS-00072, T-Mobile, to February 17, 2004 at the applicant's request. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. 5MB-00326, Riverwalk at Edwards, Phase 10 Joe Forinash, Planner, presented file number 5MB-00326, Riverwalk at Edwards, Phase 10. He stated this was a final plat which will subdivide Tract A into Lot 12 and Lot 13 to facilitate further development ofRiverwalk at Edwards. Mr. Forinash displayed maps and details of the area in question. Pursuant to Section 5-290.G.2 ofthe Eagle County Land Use Regulations the Community Development Director has determined the following in the review of this Type B Minor Subdivision: a. Access, Water and Sewage. The access, potable water, and sewage disposal on the land to be subdivided IS adequate; b. Conformance with Final Plat Requirements. The subdivision IS in conformance with the Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. Improvements Agreements. A Subdivision Improvements Agreement is NOT applicable to this application. Staff recommended approval. Commissioner Gallagher moved the Board approve file number 5MB-00326, Riverwalk at Edwards, Phase 10, and authorize the Chairman to sign the plat. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. Consent Item M, Purchase of Property Brian Treu reviewed the potential counter proposal for the purchase of real property located at 1125 Chambers Avenue, Eagle, Colorado. He reviewed the progress on the negotiations for the property. The seller countered with a price of $1.4 million for the property and agreed with all other conditions. Commissioner Gallagher stated that he is inclined to renew the original offer and give the seller until the end of the week to respond. Chairman Stone stated that there is no immediate need for the property but it is close to the Justice Center and might be valuable to the County in the future. He requested that the seller be informed that the original offer was the best offer with very few contingencies. He concurred that the offer of$1.1 million be re-submitted to the seller. He also requested that a response be received no later than 5:00 PM on Friday, January 30,2004. 7 January 27,2004 Commissioner Gallagher moved to make an offer to the seller of $1.1 million with the stipulation that a response be received no later than 5:00 PM on Friday, January 30,2004 Chairman Stone seconded the motion. Ofthe two voting Commissioners the vote was declared unammous. There being no further business to be brought before the Board the meeting was adjourned until February 3, 2002. ~~ Chairman Attest: Clerk to the Bo 8 January 27,2004