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.
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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.
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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.
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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.
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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
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