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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. 1 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 2 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 3 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. ,""""......"""'. ,f!,~' ~ t ~ 't'li. d $,' 'i;':...--.:, '.." -- J il~r;; ~~k~' \'~\ i'"J' ;.,\,.,,,.\ \~.. - '_~' ;'j,} i ,~.';: -'~:: 1C~~ti - ' .' -~- Attest, .. _Jl€l Q ~i.t~>'i'. v':""".' .1,..1 1 k - - '. '\.' . . /',~j C er to the Board .......',...c,J',.,j/ ',t \~~,t'O:", ~J/A~L C al an 4