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HomeMy WebLinkAboutMinutes 04/25/94 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL:S 387869 PUBLIC HEARING APRIL 25, 1994 Present: Johrmette Phillips James Johnson, Jr. George "Bud" Gates Jim Fritze Sara J. Fisher Chairman Commissioner Commissioner County Attorney Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Consent Calendar Chairman Phillips 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) Payroll for 04-28-94, subject to review by County Manager 03) Annual Statement of Receipts and Expenditures, Annual Report of Highway Performance Monitoring System. Commissioner Johnson moved to approve the consent calendar as presented by the Chairman. commissioner Gates seconded the motion. The vote was declared unanimous. Resolution 94-54 Tom Girard, Weed & Pest Coordinator, presented Resolution 94-54, authorizing County Weed and Pest Department to contract with private landowners for weed control. Commissioner Gates moved to approve Resolution 94-54, authorizing the County Weed and Pest Department to contract with private land owners for weed control. Commissioner Johnson seconded the motion. The vote was declared unanimous. JJDP Funds Grant Kim Andree, Eagle County Sheriff's Office, presented an ap~lication for a JJDP Funds Grant, Division of Criminal Justice, Juvenile Justlce and Delinquent Prevention Act. ' Commissioner Johnson asked. if matching funds were needed. Ms. Andree stated no additional funds are needed and the Sheriff's Office is currently looking for an alternative grant. commissioner Johnson moved to approve the application for JJDP Funds Grant, Division of criminal Justice, Juvenile Justice and Delinquent Prevention Act. Commissioner Gates seconded the motion. The vote was declared unanimous. SM-29-92, Old Orchard Plaza Keith Montag, Director of Community Development, presented file number SM-29-92, Old Orchard Plaza II. He stated this application was an amended final plat to consolidate lots 4, 5, 6, 7 and 8 into lot 1. He stated collateral will be provided for on-site and off-site public improvements. 1 Corrmissioner Gates moved to a~prove file number SM-29-92, Old orchard Plaza II, incorporating Staff findlngs and recommendations. commissioner Johnson seconded the motion. The vote was declared unanimous. 1041-025-94, Stage II, Vail Valley/upper Eagle Sid Fox, Planning Manager, presented file number 1041-025-94, Stage II, Vail Valley/Upper Eagle Interconnecting Water Main. He stated Stage I is the pipeline construction project and Stage II is the operations ~roject. Gail Grider, Upper Eagle Valley Consolidated Water Distrlct, discussed the history of the project from 1990. She related the water and sewer lines were going to originally go in with the bike path but the proposed costs came in over the estimate. The pipeline was put on hold for two years until the Town of Vail suggested the Districts participate with them. The water line was then redesigned and is now taking a different route and a current easement is in place. Corrmissioner Johnson asked if the Town of Vail owned the property on the North side where the cabins are. Ms. Grider answered yes, the Town of Vail owns the property on the North side. She stated Up~er Eagle Valley Regional Water Authority and Vail Valley Consolidated Water Dlstrict have entered into an Intergovernmental Agreement providing from mid June through August. Upper Eagle Regional Water Authority will receive 2 million gallons per day from Vail Valley Consolidated Water District. Commissioner Gates asked where the pipeline goes from Cliffside. Ms. Grider stated the pipeline goes from the East side of Cliffside. Commissioner Johnson asked about the flood plain. Ray Merry, Environmental Health Officer, stated the pipeline does not go into a flood plain area. commissioner Johnson asked if comments had been received from the Colorado Department of Health. Sid Fox stated the Department of Health has related they concur with the project and the ap~licant may need a discharge permit associated with construction activlties. Discussion continued on the proposed application. Corrmissioner Gates moved to approve file number 1041-025-94, Stage II, Vail Valley/Upper Eagle Interconnecting Water Main, incorporating Staff findings and recommendations. Commissioner Johnson seconded the motion. The vote was declared unanimous. T-21-94, Nelson Residence Sid Fox presented file number T-21-94, Nelson Residence. He stated this was an application for a Temporary Housing Permit to reside in the existing mobile home while constructing a basement to install a double wide modular on the property. Staff recorrmended approval with the following condition: 01) The existing mobile home must be removed ~rior to the issuance of a Temporary Certificate of Occupancy for the new resldence. Commissioner Gates moved to ap~rove file number T-21-94, Nelson Residence, incorparating Staff findlngs and recommendations. Commissioner Johnson seconded the motion. The vote was declared unanimous. Agreement, Denver & Rio Grande Western Railroad Jack Lewis, County Manager, presented an Intergovernmental Agreement for the purchase and ~ublic ownership of the Aspen branch of the Denver and Rio Grande Western Rallroad right-of-way. He addressed concerns of commissioner Johnson. He stated Garfield County, Town of Basalt and Town of Glenwood Springs have approved the agreement. Carbondale will hearing the matter on May 10, 1994 and pitkin County will hear the matter on April 26, 1994. Jim Fritze, County Attorney, stated the agreement does not address what kind of environmental review and what kind of title is to be obtained. Commissioner Gates asked if a condition could be placed on approval of the agreement. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Mr. Fritze stated in paragraph three, it states the negotiating team are to report back with what has been negotiated before any funds are expended. Commissioner Johnson moved to approve the Intergovernmental A;1reement between Eagle County, Garfield County, City of Glenwood Springs, Pltkin County, City of Aspen, Town of Carbondale, Town of Basalt, Town of Snowmass Village and the Colorado Transportation conmission, concerning the purchase and public ownership of the Aspen Branch of the Denver & Rio Grande Western Railroad Right-of-Way. Commissioner Gates seconded the motion. The vote was declared unanimous. Abatement Allen Black, Eagle County Assessor, presented a petition for abatement, schedule number 0026680, Benedict Land & Cattle Company. He informed the Board this matter has been tabled three times. Mr. Black stated the petitioners Attorney has been contacted and asked for the missing documents. He recommended a partial approval resulting in an abatement of $2,319.68, for 1991 and would not grant the agricultural status for the property. Commissioner Johnson moved to approve a partial abatement in the amount of $2,319.68, schedule number 0026680, Bendict Land & Cattle for the year 1991. This partial approval does not grant the petition agricultural status for their property. Chairman Phillips seconded the motion. Of the two voting commissioners the vote was declared unanimous. Commissioner Gates was out of the room at this time. Bid Acceptance Don Fessler, Road & Bridge Supervisor, ~resented the bid acceptance for the 1994 chip seal program. He stated two blds were received and both were over the budget. Mr. Fessler stated negotiations were started with GMCO Corporation, as they were the low bidder, but felt uncomfortable with changing the scope of work. He informed the Board new bid documents were sent out. Chairman Phillips asked if when the new bid documents were sent out if the scope of work was cut back. Mr. Fessler answered yes, the scope of work was changed in order to fit into the bud;1et. Commissloner Gates stated in the past, the County reserved the right to reject any or all bids. He stated the question is on the change in the scope of work being changed. Chairman Phillips stated a letter has been submitted from Harry's Heavy Haulers, believing the County does have a right to reject any and all bids. The letter shall be accepted into the record. She related a letter has also been submitted from GMCO Corporation indicating they do not believe the County has the right to reject the bids. That letter will also be entered into the record. David Tomasetti, Operations Manager for Harry's Heavy Haulers, was present for the hearing. Commissioner Johnson stated the letter from GMCO Corporation states after the County accepts the bids there should be no changes in the scope of work. Jim Terry, GMCO Corporation, questioned if the commissioners were the individuals to accept or reject the bids. He stated the work was bid at a unit price and there has not been that much of a change in the scope of work. Mr. Tomasetti felt there should be a re-bidding process based on the scope of the changes. Chairman Phillips asked if the two bidders knew the other ones bid. Mr. Tomasetti and Mr. Terry both answered they knew the other bid after they were opened. Mr. Loeffler stated if the Board had accepted the first bids the scope of work nor the reduction of prices could be changed. 3 Commissioner Gates moved to reject the first bids for the 1994 Chip Seal Program. Commissioner Johnson seconded the motion. The vote was declared unanimous. Don Fessler stated the second bid opening will be held April 27, 1994 at 2:00 p.m. There being no further business to be brought before the Board the meeting was adjourned until April 26, 1994. Attest: Jt~ Q tift: Cer tot oar ~ 4