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HomeMy WebLinkAboutMinutes 06/17/96 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING JUNE 17, 1996 Present: George "Bud" Gates Johnnette Phillips James Johnson, Jr. Sara J. Fisher Chairman Commissioner commissioner 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 Gates stated the first item on the agenda was the consent calendar as follows: A) Approval of bill paying for June 17, 1996, subject to review by the County Administrator B) Approval of payroll for June 20, 1996, subject to review by County Administrator C) Resolution 96-73, appointing Kenneth Chadwick to the Riverview Cemetery Board of Trustees D) Joint Resolution 96-72, of the City Council of the City of Aspen, pitkin Board of County Commissioners and the Eagle Board of County Commissioners, agreeing to the appointment of an Advisory Director by the County of Eagle to the Board of the Roaring Fork Transit Agency E) Agreement between Eagle County and C & S productions for audio services and lights for the free stage at the 1996 Eagle County Fair & Rodeo F) Lease Agreement between Eagle County and Duane Kinnett for the lease of pasture land G) Approval of bid award for the Eagle County Fairgrounds barn shed rood addition. Commissioner Phillips moved to approve the consent calendar as presented. Commissioner Johnson seconded the motion. The vote was declared unanimous. Cordillera & Squaw Creek Metro Dists Mary Jo Berenato, Deputy County Attorney, presented the Service Plan Amendment to the Cordillera Metropolitan District and the Squaw Creek Metropolitan District. She explained the amendment to the Board. She stated they are in receipt of letters from the appropriate parties regarding their request. She referred to the court cases applicable to this matter. This is a request for consideration and a follow up to the request made previously by the Districts. Chairman Gates asked for the County Attorney's opinion. Ms. Berenato stated it remains the same. Their position is two separate district's cannot provide the same service to the same individuals. Mark Avery, representing the Districts, stated this amendment surrounds the Finkel parcel and the e~estrian facilities located thereon. The developer of Cordillera declded at the price, they could not afford to purchase the property. The homeowner's asked the district's to purchase the property, keeping it as open space and having an equestrian facility. The issue passed by election and then WECRD was asked if they would permit them running their own facility. Mr. Avery asked if the whole reason the County Attorney's office has it's opinion is the IGA.'s have not been litigated. Their legal council has addressed the issues. They are willing to make all necessary mitigation to allow for public use of the facility. Services will be made available to the public at a applicable percentage of the taxes. Commissioner Johnson stated he doesn't understand the taxing rate. 1 Mr. Avery explained the difference between homeowner payments and public payments. He stated there would be an additional assessment of approximately $500.00 per year above and beyond for public use of the facilities. Mr. Avery stated they have tremendous public support. They have agreed to subject themselves to the land use regulations and provide for public use. commissioner Johnson referred to the governmental rights of the special district. He stated the special district does not exist for the pu~ose of recreational uses. Mr. Avery stated this is open space and recreatlon and believes this to be good for the County. Ms. Berenato reminded the Board this is a request for reconsideration of the previous vote. The Board did vote against this originally, but amended the decision and agreed to reconsider based on the information being sent for their consideration. Commissioner Johnson referred to the letter's requested and received. The case law, according to Commissioner Johnson, does not provide for the s~ecial district to take on responsibilities already provided by a special dlstrict within the same boundaries. Mr. Avery stated these things have never been litigated, they have never be sued. They exist and they have IGA's with other special distrlcts. commissioner Johnson stated the ar~ent is not weather or not IGA's are legal. The argument is having two s~eclal district's with the same powers over the same parcel of land. This lS a proliferation of special districts. Mr. Avery stated he does not see it as such. He stated they are not creating a s~ecial district. Commissloner Phillips believes the players have taken all the right steps in pursuing this and it is requested and wanted by the public. She does not see this as bein~ something that should be denled. Keith Montag, COmmunlty Development Director, stated there are a set of findings that have to be made for the approval of a special district. He stated they are available if they Board would like to review them. commissioner Johnson asked to do so. Ms. Berenato explained the criteria the Board needs to consider in making the determination. She stated Cordillera is attempting to take on a whole new power within their district. The district is in place but the powers as they would like to see them, are not listed. This is recreation, it is not a life, health or safety matter. Commissioner Phillips stated she feels the recreation district will not provide the service in that area. Ms. Berenato stated that is the difference in the lssues. It is not a life, health, safety, welfare issue. Mr. Ave::y asked the Board keep in mind that WECRD is not providing the services withln the district and they won't. Ms. Berenato stated just because the WECRD does not provide the service, it does not allow them to spilt the powers. Mr. Avery stated they'll only provide equestrian. Commissioner Phillips asked lf it is a private entity willing to provide a public service. Chairman Gates stated the project itself is probably a good and desirable use. He questions what can be done. Commissioner Johnson referred to a letter from their bonding council. Cordillera could purchase the property but would then no longer eligible for tax exempt status. Mr. Avery stated then it would be strictly private. commissioner Johnson stated that is what they wanted originally and they have the right under private ownership. Chairman Gates asked why they have not gone that route. Mr. Avery stated that doesn't benefit anybody. There are benefits to being a special district, primarily the fundin~ mechanism. He questioned what better means to have recreational facilitles. Ms. Berenato stated the homeowner's do have rights and the mechanism of legal foreclosure. Mr. Avery stated they would inderrmify the County of all liability. Commissioner Phillips stated in reviewing the flndings presented by Mr. Montag she sees compliance. She sees there being a need. She further reviewed the various levels. Commissioner Johnson stated in reviewing the other sections of statute they will be providing the same services within the same district. He stated 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 there are no equestrian powers for a special district. There is no power that provides for only equestrian powers. Mr. Avery stated they would agree to limit themselves to equestrian not recreational. Ms. Berenato stated they can have a recreational district and one of the powers is equestrian. Mr. Avery stated they would again stipulate to only equestrian. Commissioner Phillips again feels because the people want it and WECRD agrees, it should be approved. Commissioner Johnson stated it is not within their powers to make legislative changes. Mr. Avery stated it is a matter of interpretation. Commissioner Phillips does feel the findings allows for this. commissioner Phillips moved to approve the Service Plan Amendment to the Cordillera Metropolitan District and the Squaw Creek Metropolitan District including staff's findings A, B, C and D. Commissioner Johnson seconded the motion. Commissioner Phillips voted aye, Commissioner Gates and Johnson voted no. Commissioner Johnson moved to deny the service Plan Amendment to the Cordillera Metropolitan District and the Squaw Creek Metropolitan District includin~ staff's findings which are found in CRS 32-1-103. Chalrman Gates seconded the motion. Commissioner Gates and Johnson voting aye and Commissioner Phillips voted no. There being no further business to be brought before the Board the meeting was adjourned until June 18, 1996. "I!~ ~ <, .. ...." ---':1c Attest: /UL h~ /..3i::..,w Cler to OBoaJII ...... :", , ~'1d~ al 3