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HomeMy WebLinkAboutMinutes 11/15/93 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING NOVEMBER 15, 1993 Present: George "Bud" Gates James Johnson, Jr. Johnnette Phillips Mary Jo Berenato Earlene Roach Chairman corrmissioner Corrmissioner Deputy County Attorney Deputy Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County conmissioners for their consideration: Consent Calendar Chairman Gates opened the meeting with the first item on the agenda, the consent calendar as follows: 01) Bill paying, subject to review by County Manager 02) Bid acceptance for Delivery of 9,000 tons of 3/4" Road Base to Gypsum Creek and Cottonwood Pass Road 03) Grant Application for Victim Assistance and Law Enforcement. Mary Jo Berenato, Deputy County Attorney, requested item number two (2) be pulled for discussion. Kim Andrea, Eagle County Sheriff's Office, appeared and reviewed item number three for the Board. She stated it is the same grant as obtained every year for victim services. Mary Jo Berenato informed the Board the Attorney's Office has reviewed the grant and reconmend approval. conmissioner Phillips moved to approve items one (1) and three (3) on the consent calendar, as presented. conmissioner Johnson seconded the motion. The vote was declared unanimous. Ms. Berenato spoke of item number two (2) on the consent calendar. She stated the documents have not been drafted as of this date. She requested the Board approve the bid acceptance and authorize the Chairman to sign the documents when presented. Conmissioner Johnson moved to approve item number two on the consent calendar, bid acceptance for delivery of 9,000 tons of 3/4" road base to Gypsum Creek and Cottonwood Pass Road. The Chairman shall be authorized to sign said documents when submitted. Conmissioner Phillips seconded the motion. The vote was declared unanimous. Resolution 93-134 Matt Hogan, Ballard, Spahr, Andrews & Ingersoll, presented Resolution 93-134, authorizing an amendment to the Trust Indenture, Finance Agreement and other documents, relating to the Sports Facilities Revenue Refunding Bonds for Beaver Creek and vail Associates. He stated the amendment does not change the structure and all bonds are held by one investor. commissioner Johnson stated the Commissioners have received no back-up information on this matter and would like time to review the information. Mary Jo Berenato stated the County Attorney has reviewed the information and has no concerns. Commissioner Phillips moved to approve Resolution 93-134, authorizing an amendment to the Trust Indenture, Finance Agreement relating to the Sports Facilities Revenue Refunding Bonds for Beaver Creek and Vail Associates. Chairman Gates seconded the motion. conmissioners Phillips and Gates voting yes and conmissioner Johnson abstained. 1 Resolution 93-135 Mary Jo Berenato presented Resolution 93-135, Reduction of Collateral and Substitution of Collateral for Phase I, Filing 16, Arrowhead at Vail. John Althoff, Project Engineer, informed the Board the streets will be privately maintained and the utilities are in. Conmissioner Johnson moved to approve Resolution 93-135, Reduction of Collateral and Substitution of Collateral for Phase I, Filing 16, Arrowhead at Vail. The collateral shall be reduced to $49,779.40. Commissioner Phillips seconded the motion. The vote was declared unanimous. Final Settlement, GMCO Corporation Mary Jo Berenato presented Eagle County Chip Seal program. claims have been received. She amount of $13,144.57. Conmissioner Phillips moved to approve final settlement Corporation in the amount of $13,144.57. Conmissioner Johnson seconded the motion. The vote was unanlmoUS. final settlement for GMCO Corporation for the She stated public notice was given and no informed the Board final settlement is in the for GMCO declared Final Settlement, GMCO Corporation Mary Jo Berenato presented final settlement for GMCO Corporation for the Eagle County Magnesium Chloride contract. She stated notice was published and no claims have been received. She stated final settlement is in the amount of $681.82. commissioner Johnson moved to approve final settlement for GMCO Corporation for the Eagle County Magnesium Chloride contract, in the amount of $681.82. commissioner Phillips seconded the motion. The vote was declared unanimous. Lease Agreement, Friends of A.A. Mary Jo Berenato presented a lease agreement between Eagle County and Friends of A.A. She stated the applicant is using the modular located next to the exhibit hall at the Eagle County Fairgrounds and the proposed lease will expire October 1, 1994. She stated there have been no problems or complaints. conmissioner Johnson suggested the lease expire December 31, 1994 rather than October 1, 1994. conmissioner Phillips moved to approve the lease agreement between Eagle County and Friends of A.A. with the expiration date being changed to December 31, 1994. conmissioner Johnson seconded the motion. The vote was declared unanimous. Resolution 93-136 Phil Scott, Engineering Technician, ~resented Resolution 93-136, Partial Release of Collateral, Kip and Wendy Koskl, Harmony View Subdivision. He stated the Engineering Department has inspected the improvements and are satisfied with the results in accordance with the terms of the Subdivision Improvements Agreement. He stated the original collateral was $34,330.00, with a reduction to $3,370.00. Conmissioner Johnson moved to approve Resolution 93-136, Partial Release of Collateral, Kip and Wendy Koski, Harmony View Subdivision. The County shall continue to hold $3,370.00 for a two year warranty period. conmissioner Phillips seconded the motion. The vote was declared unanimous. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEl'S 387869 Hyatt Regency Beaver Creek conmissioner Phillips moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Conmissioner Johnson seconded the motion. The vote was declared unanimous. Mary Jo Berenato presented a renewal of a Hotel and Restaurant Liqt.l-or License with Extended Hours for Colorado East West Partners, Inc., dba/Hyatt Regency at Beaver Creek. She stated Heimo Brandstetter, Food and Beverage Director, was present for the hearing. Ms. Berenato reminded the Board this matter has been tabled twice as the applicant had not appeared. Ms. Berenato questioned Mr. Brandstetter concerning problems in the past. Mr. Brandstetter related he does keep a copy of the Colorado Liquor Code on premises and he does intend to become more familiar with that code. Conmissioner Phillips moved to approve the renewal of Hotel and Restaurant Liquor License with Extended Hours for Colorado East West Partners, Inc., dba/Hyatt Regency at Beaver Creek. Conmissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Conmissioner Phillips seconded the motion. The vote was declared unanimous. Eagle County 1994 Budget Jack Lewis, County Manager, stated the next item on the agenda was a public hearing concerning the 1994 County Budget. Allen Sartin, Finance Director, highlighted certain parts of the budget for the Board. Maurice Nottingham, "We Recycle", appeared to discuss the budget for "We Recycle". He stated approximately $300.00 has been budgeted for staff education, but no monies have been budgeted for flyers and publication. He stated normally those type items are provided free of charge. Discussion continued on the "We Recycle" program. Dan ReYnolds, Airport Manager, appeared to discuss public restrooms at the County Airport. He stated the cost was so high it was decided to look into the possibility of sharing the costs with the enities currently using the Airport facilitles. Further discussion followed on the 1994 County Budget. Resolution 93-137 Mary Jo Berenato presented Resolution 93-137, Partial Release of Collateral for Homestead, Filing 1, Block 11. She stated the Board had a first Deed of Trust in the amount of $2,615,000.00, covering lots 27, 28, 29 & 30 of block 1 and lots 1 through 45 of block 11, Filing #1. She stated Mr. Warner is requesting a release of all lots except Lots 44 and 45, which have a retail value in excess of $100,000.00. Ms. Berenato stated the applicant has provided an apt?raisal valuing the lots at $51,111.00. Larry Metternlck, County Engineer, stated Staff has inspected the premises and agrees with the reduction of collateral. He stated si~ge, reve~etation, final grading work, drainage and other miscellaneous ltems needlng to be completed, worth approximately $20,000.00. He stated the total of collateral to be retained would be $67,100.00. He stated the collateral is in the form of a first deed of trust on two lots. He reconmended the Board approve the Resolution for reduction of collateral. conmissioner Johnson moved to approve Resolution 93-137, Partial Release of Collateral for Homestead, Filing 1, Block 11, retaining lots 44 and 45, which are in excess of the amount of remaining improvements. Conmissioner Phillips seconded the motion. The vote was declared unanimous. 3 Resolution 93-138, Temporary Land Use Regulations Resolution 93-139, School Land Dedication Requirements Jack Lewis, County Manager, presented Resolution 93-138, adopting Terrporary Land Use Regulations relating to School Land Dedication Fees, and Resolution 93-139, Establishing fees in Lieu of School Land Dedication Requirements. He stated the current Resolution stated the fees shall be the same throughout the County, which will now be deleted to allow Staff to access different fees for different areas. Mr. Lewis stated the School District is currently looking to purchase property in the Eastern end of Eagle County and that property is well in excess of $5,000.00 per acre. Dr. Lang, Eagle County School District, appeared and gave a brief presentation on the increased value of land throughout the County. He reviewed the anticipated growth for the schools and stated three additional school sites are needed. Mr. Lan~ stated currently the School District has one parcel of land secured but stlll needs two additional sites. He stated the secured ~arcel is Tract P in the Town of Avon. Conmissloner Johnson asked what the School District considered the upper valley. Dr. Lang stated the school district considered Wolcott and East the upper valley. conmissioner Johnson asked if the School District would rather have the land or the money. Dr. Lang stated the District would like to have the option to look at the land to see if it was suitable. Peter Jamar, area developer, stated the developers believe the fees need to be raised but the proposed increase is ten fold. He stated the developers would like to know how the changes were derived and believes the County and the School District are trying to make up for lost time. Jack Lewis explained how the new fee schedule was arrived at. conmissioner Phillips moved to approve Resolution 93-138, adopting terrporary Land Use Regulations relating to School Land Dedication Fees, In order to delete current language in the Re$Ulations. Conmissioner Johnson seconded the motlon. The vote was declared unanimous. conmissioner Johnson moved to table Resolution 93-139, establishing fees in lieu of School Land Dedication requirements, to allow additional time for discussion on the fees. conmissioner Phillips seconded the motion. In discussion, Jack Lewis stated a substantial application could be presented to the County tomorrow and the land would be at the $5,000.00 per acre fee, which is the current fee. He suggested the Board could approve the Resolution and amend it at a later date if they so desire. Bob Warner, area developer, stated this is an impact fee and the County should corrpare projects with high and low density. He stated he believes the current proposal wlll not address the problem. Mr. Lewis stated using the proposed formula the developers with high densities will pay more than those with low densities. Commissioner Johnson withdrew the motion. conmissioner Phillips withdrew the second. conmissioner Johnson moved to approve Resolution 93-139, Establishing Fees in Lieu of School Land Dedication Requirements, pursuant to 3-28-133, CRS, and 2-18-01 Eagle County Land Use Regulations. He directed Staff to schedule a meeting for December 6, 1993 for discussion on the fees for School Land Dedication Requirements. Commissioner Phillips seconded the motion. The vote was declared unanimous. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Open Meeting Bob Warner appeared and requested a meeting concerning the validity of preliminary plans and suggested all sides be present. The Board concurred to discuss the issue on November 23, 1993 at 8:30 a.m. There being no further business to be brought before the Board the meeting was adjourned until November 22, 1993. Attest: C ~A-,dk 5