Loading...
HomeMy WebLinkAboutMinutes 05/16/94 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING MAY 16, 1994 Present: Johnnette Phillips James Johnson, Jr. George "Bud" Gates Jack Lewis Jim Fritze Sara J. Fisher Chairman Commissioner conmissioner County Manager 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) Approval of Minutes, January 11, 1994 through April 26, 1994 03) Agreement with Rocky Mountaln Natural Gas for installation of gas lines to the Airport Hangar Development Area 04) Agreement with Holy Cross Electric Association for installation of services to Airport Hangar Development Area 05) Agreement with Eagle County 4-H Council for Catering the Eagle County Picnic, June 10, 1994. 06) Notice of Award for 1994 Chip Seal Program. Jim Fritze, County Attorney, stated item number five, Agreement with Eagle County 4-H Councl1 has been withdrawn to be scheduled at a later date. Commissioner Johnson moved to approve items 1, 2, 3, 4 and 6 of the consent calendar as presented. Item number 5 has been withdrawn and will be heard at a later date. Commissioner Gates seconded the motion. The vote was declared unanimous. Resolution 94-57 Allen Sartin, Finance Director, presented Resolution 94-57, Adopting a Supplementary Budget and Appropriation for Unanticipated Revenues Fiscal Year 1994. He ex(?lained the Resolution to the Board. Commissloner Johnson moved to approve Resolution 94-57, Adopting a Supplementary Budget and Appropriation for Unanticipated Revenues Fiscal Year 1994. commissioner Gates seconded the motion. The vote was declared unanimous. Contract, Jerane Butters Bob Loeffler, Ass't. County Attorney, presented a contract between Eagle County and Jerome D. Butters, Ruth D. Butters, J. Craig Butters and Brunilda Butters. He stated this contract allows the County to perform work on the road at the Eagle County Fairgrounds. Jack Lewis, County Manager, informed the Board this contract defines those items the County and the applicant orally agreement. Commissioner Gates asked if there was a berm in the agreement. Mr. Loeffler stated there is a berm located at the East end where the old road connects to the new road. Mr. Lewis stated some individuals believe there is still an access in 1 that location, thus the reason for the berm. Commissioner Gates moved to approve the contract between Eagle County and Jerome D, Ruth D, J. Crain and Brunilda Butters. Commissioner Johnson seconded the motion. The vote was declared unanimous. Resolution 94-58 Phil Scott, Engineering Technician, presented Resolution 94-58, authorizing the third partial release of collateral for Red Rock Ranch Partners and commencement of the warranty period. He stated the regrowth is coming along well. Greg Baker, applicant, stated they have s~read top soil which has been reseeded. He stated that item was completed flve days ago. Commissioner Johnson moved to approve Resolution 94-58, authorizing the third partial release of collateral for Red Rock Ranch Partners and commencement of the warranty period. commissioner Gates seconded the motion. The vote was declared unanimous. Jim Fritze stated the County has received a draft in the amount of $1,000.00 from the applicant. Contract, Elam Construction Bob Loeffler presented a contract between Eagle County and Elam Construction for paving of Frying Pan Road. Don Fessler, Road & Bridge Supervisor, stated this was an overlay project for ~art of Frying Pan Road and part of willits Lane. Commissloner Gates moved to approve the contract between Eagle County and Elam Construction for paving of Frying Pan Road. commissioner Johnson seconded the motion. The vote was declared unanimous. Agreement, F.A.A. Dan ReYnolds, Airpart Manager, presented an agreement between Ea;1le County and the Federal Aviation Administration for Control Tower Fundlng. He stated this contract is for reimbursement of expenses for Air Traffic Control Services for the next two years and four months. Chairman Phillips asked about the time frame for reimbursement from the F.A.A. Mr. ReYnolds stated it takes approximately five (5) weeks. commissioner Johnson asked about the $70,000.00 paid for the tower. Mr. ReYnolds stated the County paid for the tower. Discussion followed on the tower and flight service station. Mr. ReYnolds stated the contract amounts are as follows: $148,000.00, September 94 - September 95 $148,000.00, September 95 - September 96 $ 64,300.00, May 1994 - August 1994. commissioner Johnson moved to approve an agreement between Eagle County and Federal Aviation AdhUnistration. Corrmissioner Gates seconded the motion. The vote was declared unanimous. Abatements Allen Black, Eagle County Assessor, presented schedule number 016475, Jean L. Scudder, Holly S. Difani, Charles A. Scudder and CarolYn S. Miller. He stated this abatement is for 1991 and the petitioner is requesting reclassification to Agricultural. The Assessor's Office recommended denial as ~he property is a residential tract and the property has not been agrlcultural Slnce 1988. william Fry, Attorney representing the petitioner, stated the change in classification occurred in 1988, shortly after a residence was built. Mr. Fry stated the property has been continuously grazed with sheep or cattle since 1988 through the present time. He discussed comparables used by the Assessor's Office. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Mary Jo Berenato stated the County can accept the corrparable but submitting it today does not give the Assessor's Office time to review and investigate the sale. She suggested the Board table this matter to a later date. Commissioner Gates moved to table schedule number 016475, Jean L. Scudder, Holly S. Difani, Charles A Scudder and CarolYn S. Miller, to June 13, 1994. Commissioner Johnson seconded the motion. In discussion, Commissioner Johnson asked if the petitioner had other evidence than testimony, i.e. schedule "F",-lease, etc. Discussion followed on possible evidence to prove the property should be classified agricultural. Chairman Phillips called for the question on the motion. The vote was declared unanimous. Allen Black presented schedule number 024316, Gre;1ory Louis and KathrYn J. Moch. He stated $146.29 was asked for by the petitloner and agreed to by the Assessor's Office. He recommended the Board approve the abatement. Commissioner Gates moved to approve an abatement in the amount of $146.29, schedule number 024316, Gregory Louis and Kathryn J. Moch. Commissioner Johnson seconded the motion. The vote was declared unanimous. Allen Black presented schedule number 0025891, Basalt Associates. He stated Staff is recommending a partial abatement for 1993 in the amount of $59.06. . He stated the petitioner claims the property was transferred to Town of Basalt in 1986, but a transfer deed was not made or filed in the Clerk & Recorder's Office until November 1993. Mary Jo Berenato stated there are two questions for the Board to consider: 01) is this a public park owned by the Town of Basalt 02) abatement only for current year and two years prior. Ms. Berenato stated the Town of Basalt has indicated though the park was not properly dedicated, it has been a public park since 1980. Kent Mueller, Town of Basalt, stated this property was considered to be a public park from 1980 and 1985 and was not taxed durlng this time. Ms. Berenato stated this property was omitted from the tax roll in error during that period of time. Mr. Meuller stated the Town of Basalt and Basalt Associates assumed this was a tax exerrpt property. He stated in 1986 an assessment was received and a letter mailed to the Eagle County Assessor indicating the property was a public park belonging to the Town of Basalt. David SIemon, Basalt Associates, stated he had written the letter to the Assessor's Office indicating the property was a public park. Ms. Berenato stated in 1986 the petitioner would have a good argument, but notice was mailed in subsequent years by the Assessor's Office to the petitioner and no response was received. Mr. SIemon stated there was communication as there was other development and a second letter was written to Eagle County reminding them the property was a ~ublic park. D1Scussion followed on the proposed petition for abatement. Conmissioner Johnson moved to table schedule number 0025891, Basalt Associates to receive additional information. Chairman Phillips seconded the motion. In discussion, Allen Black stated the Assessor's Office will subrrdt a map of the ~roperty. Jim Frltze suggested the deed be submitted for review. Chairman Phillips called for the question on the motion. Of the two voting Commissioners the vote was declared unanimous. Allen Black presented a petition for abatement schedule numbers 0025951 and 0~25~78, Basalt Partners and the Elk Run Single Family Owners Assoclatlon. 3 David SIemon, petitioner, stated these are corrmon parcels and should not be taxed. He read a letter sent to the Assessor's Office protesting the taxation. No response was received from the Assessor's Office. Mr. SIemon stated a deed was filed in 1993 and the petitioner still received a tax notice in 1994. Mr. Black stated the property was not deeded and there was no dedication shown on the plat. Mr. SIemon stated at that time, Eagle County, the developer and the Town of Basalt felt the transfer of ownership was ade~ate and operative. Commissioner Johnson stated in 1987 the petltioner responded to the assessment but then failed to respond until this abatement period when redeemable certificates are allowed. Chairman Phillips asked if the petitioner felt the letter to the Assessor's Office should have been enough information to stop taxing the common parcels. Mr. SIemon answered yes. He stated they are still receiving tax notices even after filing the deed. Mr. Black stated the Assessor's Office must work from the deeds recorded in the Clerk & Recorder's Office. Commissioner Johnson moved to table the petition for abatement schedule numbers 0025951 and 0025978 to June 13, 1994. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Allen Black presented a petition for abatement schedule number 07423, Charles David and Myra Bailey Smith. He stated the Assessor's Office recommended approval of an abatement in the amount of $3,528.14 due to a change in the valuation. commissioner Johnson moved to approve a petition for abatement schedule number 07423, Charles David and Myra Bailey Smith, in the amount of $3,5228.14. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Allen Black presented a ~etition for abatement schedule number 10540, DBA Investment, Inc., dba/Hollday Inn Chateau Vail. He stated the petitioner is requesting an abatement in the amount of $33,124.12 due to an over evaluation. The Assessor's Office recommended a partial abatement in the amount of $19,257.21 due to an over evaluation. Commissioner Johnson moved to approve a partial abatement, schedule number 10540 in the amount of $19,257.21. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Allen Black presented a petition for abatement schedule number R030579, Seireson-Alcintore. He stated the petitioner is requesting an abatement ln the amount of $4106.08 based on over evaluation. The Assessor's Office recommends a partial abatement in the amount of $2,054.11 based on over evaluation. Commissioner Johnson moved to approve a partial abatement for schedule number R030579, in the amount of $2,054.11. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Allen Black presented a petition for abatement schedule number 013907, Avon Wyndfield Inn, Ltd. He stated the petitioner is requesting an abatement for 1991 and 1993 taxes. The Assessor's Office recommends denial as the valuation is supported by the income method. Jim Fritze suggested this petition be tabled in order to review and additiona~ l~tter received from the petitioner. COmmlSS10ner Johnson moved to table the petition for abatement schedule number 013907 to June 13, 1994. Chairman Phillips seconded the motion. Of the two voting commissioners the vote was declared unanimous. Allen Black presented a petition for abatement schedule number P004191 Beaver Creek Automotive. He stated the petitioner did not file the petitio~ 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 during the filing period. The Assessor's Office recommended denial. Commissioner Johnson moved to deny the petition for abatement schedule number P004191. Chairman Phillips seconded the motion. Of the two voting commissioners the vote was declared unanimous. Allen Black presented a petition for abatement schedule number 006378, V. Jerome Nickerson and Toni S. Hippeli. Mr. Black stated no comparables were submitted to substantiate a lower valuation. The Assessor's Office recommended denial. Commissioner Johnson moved to deny the petition for abatement schedule number 006378. Chairman Phillips seconded the motion. Of the two voting commissioners the vote was declared unanimous. Allen Black presented a petition for abatement schedule number 006379, John Richard and Gay Lyon Steadman. He stated no comparables were submitted to substantiate a lower valuation. The Assessor's Office recommended denial. conmissioner Johnson moved to deny the petition for abatement, schedule number 006379. Chairman Phillips seconded the motion. Of the two voting commissioners the vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until May 17, 1994. Atted.- Q. - J;;~~ Clerk the Board ~ . fJ#I alrman 5