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HomeMy WebLinkAboutMinutes 02/27/95 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING FEBRUARY 27, 1995 Present: James Johnson, Jr. George "Bud" Gates Johnnette Phillips James Fritze Earlene Roach Chairman corrmissioner Corrmissioner County Attorney Deputy Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Corrmissioners for their consideration: Consent Calendar Chairman Johnson stated the first item on the agenda was the consent calendar as follows: 01) Bill paying, subject to review by County Manager 02) Payroll for 3-2-95, subject to review by County Manager 03) 1995 Human Services Grant Agreement with State of Colorado, Colorado West Recovery, in the amount of $10,000.00 04) 1995 Human Services Grant Agreement with State of Colorado and Healthy Beginnings, in the amount of $4,000.00 05) 1995 Human Services Grant Agreement with State of Colorado and Family Visitor Program, in the amount of $2,400.00 06) 1995 Human Services Grant Agreement with State of Colorado and Mountain Valley Developmental Services, in the amount of $10,000.00 07) 1995 Human Services Grant Agreement with State of Colorado and Colorado West Mental Health Center, in the amount of $10,000.00 08) 1995 Human Services Grant Agreement with State of Colorado and Colorado West Mental Health Center, in the amount of $5,000.00 09) 1995 Human Services Grant Agreement with State of Colorado and The Resource Center of Eagle County, in the amount of $5,000.00 10) 1995 Human Services Grant Agreement with State of Colorado and Northwest Colorado Legal Services Project, in the amount of $1,000.00 11) 1995 Human Services Grant Agreement with State of Colorado and Eagle Valley Family Center, in the amount of $5,000.00 12) 1995 Human Services Grant Agreement with State of Colorado and Eagle County Volunteers for Literacy, in the amount of $2,500.00 13) 1995 Human Services Grant Agreement with State of Colorado and Food Resource Center, in the amount of $1,000.00 14) 1995 Human Services Grant Agreement with State of Colorado and Salvation Army, in the amount of $1,500.00 15) 1995 Human Services Grant Agreement with State of Colorado and Aspen Basalt Care Clinic, in the amount of $5,000.00 16) 1995 Human Services Grant Agreement with State of Colorado and EagleCare Medical Clinic, in the amount of $5,000.00 17) 1995 Human Services Grant Agreement with State of Colorado and Mountain Hospice, in the amount of $1,500.00 18) 1995 Human Services Grant Agreement with State of Colorado and Response, in the amount of $3,000.00 . 19) 1995 Human Services Grant Agreement with State of Colorado and Asistencia Para Latinos, in the amount of $2,000.00 20) 1995 Human Services Grant Agreement with State of Colorado and Echo Ranch, in the amount of $2,000.00 21) 1995 Human Services Grant Agreement with State of Colorado and Basalt Lions Club Summer Recreation, in the amount of $1,500.00 22) Annual Eagle County Mileage Report Submittal 23) County Veterans Service Officer's monthly report for December 1 1994 and January 1995 24) Contract with Town of Basalt for animal control 25) Contract with Town of Eagle for animal control 26) Contact with Town of Gypsum for animal control 27) Contract with Town of Avon for animal control 28) Contact with Town of Vail for animal control. Corrmissioner Gates stated all grants have been discussed ~reviously. He stated he objected to some of those grants at that time and stlll objects to those grants. He questioned duplicating efforts. Kathleen Fornash, Director of Social Services, requested item number fourteen be tabled to a later date. corrmissioner Gates moved to table item number fourteen, the Human Services Grant with the Salvation Army. Corrmissioner Philli~s seconded the motion. In discussion, Commlssioner Phillips questioned the grant to the Salvation Army. She questioned if there were grant applications denied. Ms. Fornash stated there were two grants denied. She stated the grants approved directly support Social Services and Nursing Services. She explained the grant process to the Board. Chairman Johnson called for the question on the motion. The vote was declared unanimous. Commissioner Phillips moved to approve the consent calendar, items 1,2,3,4,5,6,7,8,9,10,11,12,13,15,16,17,18,19,20,21,22,23,24,25,26,27,28, as read by the Chairman. Corrmissioner Gates seconded the motion. The vote was declared unanimous. Amendment #2, ISbill & Associates Dan ReYnolds, Airport Manager, presented Amendment #2 to the contract dated May 24, 1993, between Ea$le County and Isbill and Associates, regarding expansion of the aircraft parklng apron. He stated this relates to a proposed proj ect to expand the ramp area. He recorrmended approval contingent upon a~proval of F.A.A. funding. Jlm Fritze, County Attorney, stated that was normal procedure and he will check the contract to assure correct language is provided. Mr. ReYnolds explained the project to the Board and the contract with Isbill and Associates. Corrmissioner Gates questioned the size of the ~roject. Mr. ReYnolds stated the grant is for $1.6 milllon dollars and this project is estimated at $750,000.00. Mr. Fritze recommended the Board approve the amendment subject to review by County Attorney. Corrmissioner Gates moved to approve Amendment #2 to the contract between Eagle County and Isbill and Associates, subject to wording in the contract regarding execution if approved by the F.A.A. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. El Jebel Texaco Phil Scott, Engineering Technician, presented the first amendment to the Subdivision Improvements Agreement for EI Jebel Texaco. He stated there is a need for the County to seek an access permit from the State Department of Transportation. He stated all improvements will be constructed and collateralized by the developer. The County will only be a co-signer. Corrmissioner Gates questioned if this permit will be at the location of the stop light. Mr. Scott answered yes. Corrmissioner Phillips moved to approve the first amendment to the Subdivision Improvements Agreement for the EI Jebel Texaco. Corrmissioner Gates seconded the motion. The vote was declared unanimous. Eby Creek Mesa, Phase I Phil Scott presented Resolution 95-21, third partial release of 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEt:S 387869 collateral for Eby Creek Mesa, Phase I. He stated there is still outstanding work to be completed. Commissioner Gates moved to approve Resolution 95-21, third ~artial release of collateral, Eby Creek Mesa, Phase I. The warranty perlod shall commence at that time. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. Sl.UlIlII.i.t Vista John Althoff, Engineering Technician, presented addendum number five to the Subdivision Improvements Agreement for Sunmit Vista, resubdivided as Sopris view Apartments. He stated this amendment is to add another completed building. Corrmissioner Gates questioned the location of the apartments. Corrmissioner Phillips moved to approve addendum number five to the Subdivision Improvements Agreement for Summit Vista, resubdivided as Sopris View Apartments. Corrmissioner Gates seconded the motion. The vote was declared unanimous. Crawford, County Road 13 Lloyd Powers, Surveyor, presented an agreement with F.B. Crawford and J.A. Crawford for realignment of County Road 13, Upper Cattle Creek Road. Jim Fritze stated there is an agreement and a Warranty Deed to be signed. Commissioner Gates moved to approve the agreement with F.B. Crawford and J.A. Crawford for reali$l1ffient of County Road 13. Corrmissioner Philllps seconded the motion. The vote was declared unanimous. Corrmissioner Gates moved to accept the warranty deed for right-of-way on County Road 13. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. Colorado State University Joe Winstead presented a Memorandum of Understanding with Colorado State University, cooperative extension. He explained the Memorandum of Understandin$ to the Board. Corrmissloner Phillips moved to approve the Memorandum of Understanding between Eagle County and Colorado State University, Cooperative Extension. Corrmissioner Gates seconded the motion. The vote was declared unanimous. Abatements Mary Jo Berenato, Deputy County Attorney, presented a petition for abatement, schedule numbers R032764, 030397 and R032763, George Jouflas. She stated grazing leases were presented to the County Attorney's Office, which cannot be located at this time. She stated contracts have been provided allowing Mr. Campbell to continue grazing his cattle on this property. George Jouflas, petitioner, stated the lease Mr. Campbell has wlth the Bureau of Land Mana$ement has been purged from the records, which happens after a certain perlod of time. Commissioner Gates asked for the recommendation from the Attorney's Office. Ms. Berenato stated the blanks in the lease chain was caused by the Attorney's Office. On the other hand one of the properties was not owned by Mr. Jouflas during 1992. Mr. Jouflas stated the property was still subject to the grazing leases. Mark Chapin, Chief Appraiser, asked if Mr. Jouflas paid the 1992 taxes. He stated Mr. Jouflas is an interested party and can apply for an abatement. 3 He stated he believed the only question was the use of the property. Chairman Johnson stated at the last hearing the matter was tabled to obtain the leases showing agricultural use. Corrmissioner Gates asked if the applicant had to protest the taxes in 1992 and 1993. Ms. Berenato stated if the applicant did not protest the property in those years the petitioner would not be eli$ible for an abatement. Discussion followed on the property belng protested in previous years. Mr. Chapin stated the property was appealed in 1993 by Mr. Tucker. Ms. Berenato stated the appeal in 1993 makes the property ineligible for an abatement. corrmissioner Phillips moved to deny the petition for abatement for George Jouflas, schedule numbers R032763, 030397 and R032764. corrmissioner Gates seconded the motion. The vote was declared unanimous. Mark Chapin presented a petition for abatement for Douglas J. Sterkel, schedule number 008355. ' Douglas Sterkel, petitioner, presented a letter from the County indicating the date of the hearing, which was not the correct date and he missed the hearing. Mr. Chapin stated the basis of the Assessor's valuation is on sales which have occurred. He stated all sales used were for approximately $90.00 per square foot. The Assessor's Office recorrmended the petition be denied. Mr. Sterkel stated he appealed the price, which was lowered to one million dollars for 1994. He stated he is requesting the property value be lowered to one million dollars for 1993. Corrmissioner Gates stated he did not see how the Board can change the valuation for 1993. Corrmissioner Phillips questioned the reason to adjust the valuation of the property for 1994. Mr. Sterkel stated AAMCO owned the property before purchased by himself. He stated the Assessor's Office is using a rental figure and adding demolition and clean up costs to the valuation of the property. He stated during the sale of the property, clean up costs were never included in the sale price. Mr. Chapin stated there was clean up involved after purchase. Chairman Johnson stated after the property sold, environmental clean up was well over the quoted price. Mr. Sterkel stated there was no price quoted for clean up. Corrmissioner Phillips stated the clean up costs were not included in the sale price. Mr. Chapin stated the Assessor's Office must use estimated figures and used the best information available at that time. Mr. Sterkel stated when ~urchased, negotiations were based on the sale of the AAMCO Station at one mlllion dollars. Discussion followed on the valuation of the property in question. Mr. Cha~in pointed out the sale of the Gateway Plaza included clean up costs and exlsting improvements. Commissioner Phillips questioned using figures for clean up as part of the valuation. Chairman Johnson stated he believed the Assessor's Office used some wrong assumptions in valuing this property. commissioner Phillips moved to adjust the property to the lower valuation for schedule number 008355, for a total valuation of $1,000,000.00, Douglas Sterkel. Corrmissioner Gates seconded the motion. The vote was declared unanimous. Mark Chapin presented a petition for abatement for All Seasons Condominiums, schedule numbers R007670, R007640, R007630 and R007111. He stated this matter was tabled to allow the Assessor's Office to research where the determinations were. He read a letter from Allen Black, Eagle County Assessor. He stated the Assessor's Office is recorrmending the petitlons be denied. Fred Otto, Attorney representing the Homeowners Association for All Seasons Condominiums, stated this property has always been owned by the 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Condominium Association, acquired from Vail Associates in 1979. He stated he believes when the Assessor's Office assessed the property they did not make an adjustment for impacts from the common areas. Commissioner Gates questioned how the property was assessed. Mr. Chapin stated the corrmon areas are designated on the plat as units, therefore are taxable. Mr. Otto stated a deed was submitted indicating these areas are common areas. He stated units can be used as corrmon areas with a valuation of zero. Mr. Chapin stated the assessment is at 94%' sales ratio, which is low. Ms. Berenato asked the condominium numbers on the property in question. She stated if the units are to be corrmon areas they must be referred to as such in the condominium declarations. Discussion followed on the petition for abatements and the question of corrmon areas. Mr. Chapin stated accordin$ to the condominium declarations there is no difference in the units, includlng the corrmon areas. Corrmissioner Phillips agreed the managers unit could be sold, but the unit being used for laundry would most likely not be sold. Chairman Johnson stated the two units could be sold separately. Mr. Chapin stated land is critical in the Town of Vail, and parking is valuable. Ms. Berenato stated Mr. Otto can change the declarations to title the units as corrmon areas. Commissioner Phillips stated the Board must have a document indicating the units are common elements. Chairman Johnson agreed with counsel, before adjusting the valuation documents must be received indicating the units are corrmon areas. Commissioner Gates moved to accept the Assessor's recommendations and deny schedule numbers R007670, R007640, R007630 and R007111. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. Mark Chapin presented a petition for abatement for Moffat Coal Company, schedule number 006715. He requested this petition be tabled to sometime after March to allow further research. Commissioner Phillips moved to table the petition for abatement for Moffat Coal Company, schedule number 006715 to sometime after March 1995. Corrmissioner Gates seconded the motion. The vote was declared unanimous. Mark Chapin apologized for the confusion on the Jouflas abatements. Corrmissioner Johnson suggested a formal letter of apology be sent to George Jouflas. There being no further business to be brought before the Board the meeting was adjourned until February 28, 1995. Attest: C 5