HomeMy WebLinkAboutMinutes 09/23/96
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
PUBLIC HEARING
SEPTEMBER 23, 1996
Present: George II Bud II Gates
Johnnette Phillips
James Johnson, Jr.
Jim Hartmann
Sara J. Fisher
Chairman
Commissioner
Commissioner
County Administrator
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 the week of September 23, 1996,
subject to review by County Administrator
B) Approval of payroll for September 26, 1996, subject to review by
County Administrator
C) Approval of County Veterans Service Officer's monthly report for
August 1996
D) Resolution 96-123 authorizing the Eagle County Buildings and
Grounds Manager to dispose of the Gypsum Road & Bridge Shop building and a
Fairgrounds grain storage shed belonging to Eagle County
E) Approval of Change Order No.2, decreasing the 1996 Guardrail
Contract with Gonzales Construction Company, Inc. to $113,925.00
F) Resolution 96-124, concerning the appointment of Bob McIlveen to
the Eagle County Regional Transportation Authority
G) Resolution 96-125, concerning the appointment of Annie Hite to
the Basalt Regional Library District Board of Trustees
H) Approval of the bid and execution of the agreement with Mountain
Maintenance for crack/seal and asphalt repair at the Eagle County Regional
Airport
I) Approval of the relocation of the temporary air traffic control
tower to the North side of the Eagle County Regional Airport near the old
Flight Service Station
J) Addendum to the Lease Agreement/Memorandum of Understanding for
the Beacon Hill Communications site
K) Application for funds to the Division of Criminal Justice for a
Juvenile Wrap Around Program.
Commissioner Phillips stated she would like to discuss item F briefly.
She stated there are representatives from other areas who have not been
coming. She is hoping they will see the changes.
Chairman Gates asked for clarification on item D. He asked about the
burning of the grain storage shed and asked about the Gypsum road & bridge
shop.
Mike Bradley, Buildings & Grounds Supervisor, explained they will
attempt to do it otherwise but they may be burned.
Commissioner Johnson moved to approve the consent calendar as
presented.
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Commissioner Phillips seconded the motion. The vote was declared
unanimous.
Chamber of Commerce
Commissioner Phillips moved to adjourn as the Board of County
Commissioners and reconvene as the Local Liquor Licensing Authority.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
Earlene Roach, Liquor Inspector, presented a special events permit for
the Eagle Valley Chamber of Commerce. The application is in conformance and
all fees have been paid. This is the Octoberfest and is scheduled for
October 19, 1996 between noon and midnight. She stated in the past there
have been problems with over service and sales to minors. The applicant has
been brought in to discuss these matters in the past. Steve Kafka is to be
the registered manager of this event and has informed Staff he will be on
site at all times during this event to assure these things do not happen.
This being the case, Staff recommended approval.
Commissioner Johnson asked if Steve is unable to be there who would be.
Mr. Kafka responded if he is unable to be there, the Vice President, of
the Chamber will be.
Commissioner Johnson moved to approve the Special Events Permit for
Eagle Valley Chamber of Commerce for October 19, 1996.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
Arlene Quenon, representing the Chamber asked the letter she written be
presented to the Board.
Commissioner Phillips moved to adjourn as the Local Liquor Licensing
Authority and reconvene as the Board of County Commissioners.
Commissioner Johnson seconded the motion and the vote was declared
unanimous.
Intergovernmental Agreement, Town of Basalt
Jim Fritze, County Attorney, stated this matter was discussed in a work
session and they have agreed to an Intergovernmental Agreement between Eagle
County and the Town of Basalt for pre-annexation agreements. He explained
some of the details of the agreement.
Phil Scott, Engineering Technician, stated this came about as a result
of the development called Deer Run. The only access to this development is
through Homestead Drive which is a County road. He stated they did review
the plans and were waiting on collateral from the Highway Department. Basalt
wanted a little more control as they were going to eventually be taking the
road over. The road is surrounded by the Town of Basalt the Division of
wildlife and the Highway Division.
Chairman Gates asked about the Town taking over the roadway.
Mr. Scott stated the development went through the Town1s process and
this road was an issue. He stated there were concerns voiced by the citizens
as to whether Homestead Drive was adequate for fire and safety equipment.
They were concerned that an increase in the volume of traffic would strain
the use of the road. They did review the plans, received comment back from
the fire district, and mitigated accordingly.
Jim Fritze stated as part of the annexation process, this will receive
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
public notification before the hearing. Staff recommended approval.
Commissioner Phillips moved to approve the Intergovernmental Agreement
between Eagle County and the Town of Basalt, for pre-annexation agreements.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
Plat & Resolution Signing
Kathy Eastley, Planner, presented the following plats and resolutions to
be signed by the Board:
5MB-00002, Berry Creek Ranch, Filing 1, Lot 47. She stated this
was a Minor Type B Subdivision, a resubdivision of Lot 47 to create Lots 47A
and 47B. This plat does contain a duplex split caveat which states only one
two family structure may be constructed on the combined area of these two
lots. Staff recommended approval.
Commissioner Johnson moved to approve file number 5MB-00002, Berry
Creek Ranch, Filing 1, Lot 47.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
5MB-OOOOS, Red Tail Townhomes, Phase III. She stated this was a
Minor Type B Subdivision, a resubdivision of Tract B of Phase II, to create
seven townhome units in this final phase of development. This is Lot 6,
Filing 3 of the Homestead PUD for zoning purposes. Staff recommended
approval.
Commissioner Phillips moved to approve file number 5MB-00005, Red Tail
Townhomes, Phase III
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
5MB-00007 West Court Townhomes. She stated this was a Minor Type B
Subdivision, a resubdivision of Lot 8, Block 5 of the Eagle-Vail Subdivision,
Filing No 1 to create 4 townhome units.
Commissioner Johnson moved to approve 5MB-00007 West Court Townhomes.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
Resolution 96-126, LUR-018-96 Land Use Regulation Amendment. She
stated this resolution provides for the extension of Sketch plan approvals
within the Eagle County Land Use Regulations.
Commissioner Phillips stated she asked that this item be reintroduced
after last week's hearing because Commissioner Johnson moved for approval and
then voted against it.
Chairman Gates asked Jim Fritze for his advice.
Jim Fritze stated the Board has never adopted Robert's Rules
specifically though they have loosely conducted business accordingly. He
stated he can leave the decision to the Chairman. He further explained
motions to reconsider and the limitations. He stated a motion to reconsider
can be made by one who originally voted in favor or an individual who was not
present. He stated there is an underlying motion of the Board to pass which
directed Staff to bring a Resolution forward. He stated the intent of
Robert's is to see that the will of the majority is observed. He stated the
Board can reconsider this item if Chairman Gates or Commissioner Johnson
moved to do so.
Chairman Gates stated in the past items were not brought before the
Board because there might not be consensus because a Commissioner might not
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be present. He stated since he voted in favor to instruct staff to prepare a
resolution he would at this time move to bring it back up for consideration.
Commissioner Johnson seconded the motion.
Commissioner Phillips asked if the motion was appropriate.
Jim Fritze stated yes it is appropriate to vote as to whether they
should reconsider or not.
Chairman Gates called for the question on the motion. Commissioner
Phillips and Chairman Gates voted aye. Commissioner Johnson voted no.
Commissioner Phillips moved to approve Resolution 96-126.
Commissioner Johnson seconded the motion for discussion.
In discussion, Commissioner Johnson stated he voted they same way that
he voted originally.
Commissioner Phillips stated she knew that Commissioner Johnson knew
that his vote would kill the item and did so accordingly. Commissioner
Phillips and Commissioner Johnson argued about the intent of the proposal.
Chairman Gates suggested in the future that staff be aware not to
schedule potentially controversial items unless all members of the Board
would be present.
Jim Hartmann confirmed staff will take that responsibility.
Chairman Gates called for the question on the motion. Commissioner
Phillips and Commissioner Gates voted yes and Commissioner Johnson voted no.
Jim Fritze stated the Board has two kinds of matters they consider, one
as a legislative body and as a quasi-judicial manner. He stated as far as
things in the legislative arena, they are subject to parliamentary
procedures.
Resolution 96-127, PD-343-96 & ZC-277-96, St. Clare of Assisi. She
stated this resolution is for the approval of a zone change and preliminary
plan for a comprehensively planned, campus style development to include a
church, elementary school, rectory, early learning center and 30 units of
employee housing. This application was presented to the Board on September
17, 1996.
Commissioner Johnson moved to approve Resolution 96-127, file numbers
PD-343-96 and ZC-277-96, St. Clare of Assisi.
Commissioner Phillips seconded the motion. The vote was declared
unanimous.
Resolution 96-128, 1041-040-96, Extension to Upper Eagle Regional
Water Authority System and Upper Eagle Valley Consolidated Sanitation
District Wastewater Collection to serve the St. Clare of Assisi Parish. She
stated this resolution is for the approval of extension of water and
sanitation service to the St. Clare of Assisi site on Highway 6 at Squaw
Creek. This application was presented to the Board of County Commissioners
on September 17, 1996.
Commissioner Phillips moved to approve Resolution 96-128.
Commissioner Johnson seconded the motion. The vote was declared
unanimous.
There being no further business to come before the board, they adjourned
until September 30, 1996.
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