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HomeMy WebLinkAboutMinutes 05/10/99 PUBLIC HEARING MAY 10, 1999 Present: Johnnette Phillips Tom Stone James Johnson, Jr. James Fritze James Hartmann Sara J. Fisher Chairman Commissioner Commissioner County Attorney 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 Phillips stated the first item on the agenda was the consent calendar as follows: A) Approval of bill paying for week of May 10, 1999, subject to review by County Administrator B) Approval of the minutes of the Board of County Commissioners meeting of April 26, 1999 C) Agreement between Stevens Home Care and the Eagle County Board of County Commissioners to provide Lawn Mowing and Trimming Services for Eagle County Facilities D) Agreement between Eagle county and Safety-Kleen, Inc. to conduct household hazardous waste event E) Extension Agreement for Child Care Quality and Improvement Grant. F) Authorization for Eagle County to apply for and Eagle Board of County Commissioner's Chairman to sign application for HUD funding for Riverview Apartments. Commissioner Stone asked that item B be voted on separately as he was not present for the April 28 meeting. Commissioner Johnson asked about item C and if there is a not to exceed number. Rich Cunningham, Director of Facilities Management, stated the not to exceed number was left out but should be $12,500. Chairman Phillips asked if they are actually saving money by subbing out the expense rather than hiring summer help. Mr. Cunningham stated it is a reasonable price. Commissioner Johnson noted the lawns have never looked better. Commissioner Johnson moved to approve the consent calendar as presented, except for item B and amending item C to include the not to exceed figure of$12,500. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to approve item B. Commissioner Stone seconded the motion. Commissioners Johnson and Phillips voting aye and Commissioner Stone abstaining. Plat & Resolution Signing Scot Hunn presented the following plats and resolutions for the Board's consideration: 5MB-00169, Tract A / Lot 9, Riverwalk at Edwards. He stated this was a Minor 1 05-10-1999 "Type B" Subdivision, a resubdivsion of Tract A to create Lot 9, along with certain access, utility, drainage and pedestrian easements. Commissioner Stone moved to approve 5MB-00169, Tract A / Lot 9, Riverwalk at Edwards, incorporating staff findings. Commissioner Johnson seconded the motion. The vote was declared unanimous. 5MB-00170, Lot 13. Cordillera Subdivision, Filing No. 26. He stated this was a Minor "Type B" Subdivision, a resubdivsion of Lot 13 to create two lots, Lot 13 and Lot 13 A. Lot 13 will remain a single-family residential lot. Lot 13 A is a 1350 square foot parcel, to be utilized for access to adjacent Lot 12. No residential uses will be permitted on Lot 13, as the plat clearly identifies Lot 13 A as an "access, drainage and utility easement." Commissioner Johnson moved to approve 5MB-00170, Lot 13, Cordillera Subdivision, Filing No. 26, incorporating staff findings. Commissioner Stone seconded the motion. The vote was declared unanimous. Resolution 99-069.1041-0017. Lake Creek Metropolitan District He stated this was a resolution to approve the 1041 permit for the major extension of existing domestic water and sewage treatment systems and for the efficient utilization of a municipal and industrial water project. The Board considered this file on April 26, 1999. Commissioner Stone moved to approve Resolution 99-069, file number 1041-0017, Lake Creek Metropolitan District Commissioner Johnson seconded the motion. In discussion, Commissioner Johnson asked if Commissioner Stone was going to abstain because he was not at the meeting. Commissioner Stone stated that was his intent. Chairman Phillips called for the question on the motion. Commissioners Johnson and Phillips voting aye and Commissioner Stone abstained. Resolution 99-070. ZS-00043. MTM - Clear Creek Venture East Eagle Telecommunication Site. He stated this was a resolution to approve the Special Use Permit for a multi-user telecommunication facility within the Resource Zone District, in the unincorporated area of Eagle County. The Board considered this file on April 19, 1999. ZS-00043, MTM - Clear Creek Venture East Eagle Telecommunication Site. The Board considered this file on April 19, 1999. Commissioner Johnson moved to approve Resolution 99-070, file number ZS-00043, MTM - Clear Creek Venture East Eagle Telecommunication Site. Commissioner Stone seconded the motion. Commissioners Johnson and Phillips voting aye and Commissioner Stone abstained. Final Settlement, Crystal Springs Rich Cunningham, Facilities Management Director, presented final settlement for Crystal Springs, Eagle County Building, remodel of Basalt and El Jebel Facilities. He stated that all change orders have not technically been completed and though he asked to have it removed, the Attorney's Office has asked that not happen. Renee Black, Asst. County Attorney, stated this matter was published and no claims have been received. She asked if there are additional claims. Mr. Cunningham explained that there is still a change order that has not been completed. Ms. Black stated the purpose of advertising is to find out if there are any claims by others that are 2 05-10-1999 still outstanding. Discussion continued on the process. Ms. Black stated the County is protected. Commissioner Stone moved to approve final settlement for Crystal Springs. Commissioner Johnson seconded the motion. The vote was declared unanimous. Resolution 99-071, Bond Financing Jack Gardner, Bond Council, stated they are serving as bond council for this financing. He stated this is for an affordable housing expansion. He stated as far as structure, it is precisely that used for the River Edge project. Jack Lewis, representing the applicant, stated the project exists of a complete remodel of the Tarnes building which is about 20 years old. He stated additionally they are going to build two new buildings similar in the interior but a little different on the exterior. He stated they have plans to build 76 units, 202 new beds. He explained the Rivers Edge is the most popular product that Vail Resorts has to offer. He stated they are very desirable and with the financing they can add additional product. They are doing this in conjunction with Vail Valley Medical Center. With this they have the ability to have real money help them build. He spoke to the seasonal positions and that it is a real win win situation for the Hospital and Vail Resorts. Jack Gardner asked they consider the resolution, approving the issuance of the bonds, and in connection the housing facilities agreement be approved, the execution and delivery of a housing facilities financing agreement, a trust indenture, and related documents: authorizing and directing the execution and delivery of such bonds; making certain determinations with respect thereto; providing for redemption and tender and maturity of, and rates of interest on, the bonds; requesting the trustee to authenticate the bonds; authorizing investments; authorizing incidental action; and repealing inconsistent actions. He stated these are not to be considered debt to the County. being the Tarnes at Beaver Creek, LLC. He stated the partners in that entity are Vail Associates and the Vail Valley Medical Center. Commissioner Johnson asked if there is a cap on the number of bonds to be issued. Mr. Gardner stated these bonds are taxable and they do not count against the cap. Commissioner Johnson asked if there is a way a co-op of smaller employers could access this process as well. Mr. Gardner stated they are available to anyone. He explained how that could happen. He stated there is always an issue of credit acceptance. In this case the bond holders get the benefit of two letters of credit. They are low interest bearing. Commissioner Johnson asked if there is an opportunity for smaller employers to participate in the projects with Vail Resorts. He explained the dilemma of smaller employers. Jack Lewis explained that partnering with the hospital is a nice deal. There is a way that they may be able to do a co-op and break it down into a per bed cost and look at that on an individual basis. He guesses the next project they will be looking at they will be considering that exact thing. Commissioner Johnson spoke to the buddy pass as well. Cliff Eldridge was introduced and in turn introduced Sean Scanlon, CFO and Stan Anderson, Director of Support Services. Gerry Flynn, representing Vail Resorts, was also present and thanked the Board for adding staff to Community Development to help with the backlog. Jack Lewis asked for clarification on the employee housing . Jim Fritze stated that was not appropriate for this meeting as it is a building issue and must be scheduled into a work session or for another time. Commissioner Johnson moved to approve Resolution 99-071, authorizing and directing the 3 05-10-1999 issuance of up to $11,000,000 of the County's taxable housing facilities revenue bonds, the Tarnes at Beaver Creek, LLC project. Commissioner Stone seconded the motion. The vote was declared unanimous. Abatements Had Foundation Bob Loeffler, Dept. County Attorney, presented a petition for abatement for The Had Foundation, schedule number 041639. This file was pulled. Avon Commercial Center Mark Chapin, Assessor's Office, presented a petition of abatement for Avon Commercial Center, schedule number R022673 recommended an abatement different than that requested. He stated this is the parking area of the Avon Center. He stated based on a newspaper article that was in error in late 1997, they changed the classification and valuation. Reportedly the property had gained new zoning. The rezoning has occurred but was not approved until late 1998, early 1999. They have revalued the property. The Assessor recommended an abatement in the amount of$13,158.37. Stewart Borne was present for the hearing representing the petitioner. They are accepting ofthis solution. Commissioner Johnson moved to approve an abatement different than that requested for schedule number R022673, Avon Commercial Center, in the amount of$13,158.37, as recommended by the Assessor. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone asked about them taking this action off of a newspaper article. He stated he understands the newspaper is a good place to get information but follow up is needed as well. Mr. Chapin thanked them for their input. Commissioner Stone clarified this is just for tax year 1998. PDF -00032, Juniper Townhomes Terry Bernath, Planner, presented file PDF-00032 Juniper Townhomes stating this is a request for final plat which subdivides Parcel A into twelve 12 town home lots and creates common area Parcel G and access easements. Staff recommended approval. Commissioner Johnson asked how the applicant got confused about the process. Ms. Bernath stated they did not use a planner as most do. That may have been part of the problem. Commissioner Stone moved to approve PDF-00032 incorporating the findings. Commissioner Johnson seconded the motion. The vote was declared unanimous. AFP-00064 Berry Creek Ranch, Lots 8 & 9, Block 1, Filing 4 Jean Garren, Planner, presented file AFP-00064 Berry Creek Ranch, Lots 8 & 9, Block 1, Filing 4, Amended Final Plat to Adjust Lot Lines. She stated this amended final plat moves the lot line between Lot 8 and Lot 9 approximately 20 feet to the east. It removes approximately 3,932 square feet from Lot 8 and increases the size of Lot 9 by the same amount. Both lots as so adjusted, each retaining approximately one-half acre, remain well within the minimum lots sizes required. The original drainage and utility easement between the two lots remains in place and is not proposed to be moved or removed. She read staff findings for the record as follows: 4 05-10-1999 Pursuant to Section 5-290.B.3 Amended Final Plat ofthe Eagle County Land Use Regulations; a) The proposed Amended Final Plat IS part of a previously approved Final Plat; b) The proposed amendment to the Final Plat IS NOT INCONSISTENT with the intent of the Final Plat; c) The proposed amendment to the Final Plat DOES NOT adversely affect adjacent property owners d) The proposed amendment to the Final Plat DOES NOT create a new lot or lots; Pursuant to Section 5.290.1, Minimum contents of Application of the Eagle County Land Use Regulations; a) The Final Plat ofthe proposed amendment IS in conformance with Final Plat Requirements; b) The land included within the proposed amendment IS PROPERTY ZONED for the proposed use, AND CONFORMS with existing zoning on the property; c) All lots HAVE DEMONSTRATED legal and physical access to a public street or rights-of- way by conventional vehicle; d) All lots HAVE DEMONSTRATED the existence the existence of a legal, physical, adequate and dependable water supply for each lot; e) All lots HAVE DEMONSTRATED the existence of a waste water disposal system, or other lawful means of disposing of human wastes, which complies with all applicable public health laws; f) Each proposed lot HAS DEMONSTRATED adequate fire protection; g) Satisfactory evidence EXISTS that all site conditions associated with the subdivision will not create hazards and all lots will contain safe, adequate building sites; h) Site plat, not applicable i) A subdivision Improvements Agreement off-site road improvements agreement or other agreement IS NOT REQUIRED; j) A copy of the protective covenants, declaration, party wall agreements or other restrictions placed on the subdivision HAS BEEN PREVIOUSLY RECORDED in the office of the Clerk & Recorder; k) It has been demonstrated that all applicable schooll~d~dication or cash-in -lieu requirement ,jl'~. . ~'c; have he~n~~~~~:~t property owners of public record HAt:- ,B!EN ~TIFIED; RegUla:.::;mnt to Section 5.290.G.2, Standards for Ame~inal.~;1 of the Eagle County Land Use a) The proposed amendment to the Final Plat DOES NOf'''adversely affect adjacent property owners; b) The proposed amendment to the Final Plat IS CONSISTENT with the intent of the Final Plat; c) The Amended Final Plat proposed DOES CONFORM to the Final Plat requirements and other applicable regulations, policies and guidelines d) Improvements Agreement is not required; e) Restrictive Plat Note Alteration, not applicable Staff recommended approval. 5 05-10-1999 Commissioner Johnson asked how all the different file numbers came about. Ms. Garren explained that the first two were her error. The errors between 64 and 69 she is not sure. Commissioner Johnson moved to approve AFP-00064 Berry Creek Ranch, Lots 8 & 9, Block 1, Filing 4, Amended Final Plat to Adjust Lot Lines incorporating staff findings as attached. Commissioner Stone seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until May 17, 1999. Attest: ~ Q lJerk to the Bo d - [Jc~ 6 05-10-1999