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HomeMy WebLinkAboutMinutes 10/12/99 PUBLIC HEARING OCTOBER 12, 1999 Present: Johnnette Phillips Tom Stone James Johnson, Jr. James R. Fritze Jack Ingstad 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 Agenda Chairman Phillips stated the first item before the Board was the consent agenda as follows: A) Approval of bill paying for week of October 12, 1999, subject to review by County Administrator B) Approval of the minutes of the Board of County Commissioners meeting of September 27, 1999 C) Submittal of Engineering Form 4345 to the Corps of Engineers for wetland determination at the Eagle County Regional Airport D) Resolution 99-179, re-establishing the rate of charge for emergency telephone service Commissioner Johnson stated on the minutes he had corrections on page 6, the fourth line from the bottom it says, higher end types, should read higher end wines, and in the following line it should read, higher end wines. Commissioner Johnson moved to approve the consent calender as presented with corrections to the minutes as presented. Commissioner Stone seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Scot Hunn, Planner, informed the Board he will be leaving the County in three weeks going to Beaver Creek as the Director of DesignlReview. The Board offered him their congratulations. Renee Black, Asst. County Attorney, spoke to the resolution on the Cole file. She stated it was signed last week and need not be presented again. Mr. Hunn presented the following plats and resolutions for the Board's consideration: 5MB-00187. Lot 39. Berry Creek Ranch. Filinl: No.1. He stated this was a Minor 'Type B' Subdivision, a resubdivision oflot 39 to create two lots, Lot 39 A and Lot 39 B, along with access and parking easements for both lots. He reviewed staff findings for the Board as follows: Pursuant to Section 5-290 (G) (1) of the Eagle County Land Use Regulations: 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. 1 10-12-1999 1. Standards for Type A and Type B Subdivision. a. Access, potable water, and sewage disposal on the land to be subdivided are adequate; b. The plat does conform to Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Stone moved to approve final plat file number 5MB-00187, Lot 39, Berry Creek Ranch, Filing No.1, incorporating staff findings. Commissioner Johnson seconded the motion. The vote was declared unanimous. 5MB-00196. First & Main Buildine Condominiums. Riverwalk at Edwards. He stated this was a Minor 'Type B' Subdivision, a resubdivision of Lot 4, Riverwalk at Edwards, Phase 4, to create 14 residential condominiums, and 25 commercial condominiums, along with certain common elements. He reviewed staff findings as follows: Pursuant to Section 5-290 (G) (1) of the Eagle County Land Use Regulations: 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. 1. Standards for Type A and Type B Subdivision. a. Access, potable water, and sewage disposal on the land to be subdivided are adequate; b. The plat does conform to Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Johnson moved to approve final plat file number 5MB-00196, First and Main Building Condominiums, Riverwalk at Edwards. Commissioner Stone seconded the motion. The vote was declared unanimous. Resolution 99-177.1041- 0021. Edwards Station. He stated this was a resolution to approve the permit to construct a major extension of existing domestic water and sewage treatment systems, and efficient utilization of municipal and industrial water projects. The Board considered this file on September 27, 1999. Commissioner Stone moved to approve Resolution 99-177, file number 1041-0021, Edwards Station. Commissioner Johnson seconded the motion. The vote was declared unanimous. Y2K Eagle County Budget Jack Ingstad, County Administrator, presented the Y2K Eagle County Budget. He stated they are required by law to present the proposed budget by October 15. He thanked Terry Lowell and Robbie Arndt, Finance Department, for their assistance. He spoke to the letter he composed and distributed to all employees and the press. He stated today's meeting is simply to present it. Public hearings will be held on the last Tuesday of October and first two Tuesdays of November at which time they will be reviewed line by line. He stated he would like the Board to set the public hearing date for the budget for November 22, 1999. Commissioner Johnson moved to accept the Y2K County Budget as presented and set the public hearing date for November 22,1999. Commissioner Stone seconded the motion. The vote was declared unanimous. 2 10-12-1999 Commissioner Stone thanked Jack and staff for their assistance in preparing this and for the collaborative effort. Chairman Phillips echoed his sentiments. Commissioner Johnson stated being able to keep the numbers within the guidelines has been difficult but appreciates all the efforts made. Lake Creek Improvement District - Resolution 99-178 Kirk Rider, Young & Hockensmith, was present to present Resolution 99-178. He spoke to the deposit of the map with the Clerk and Recorder's Office, the range of costs and the specifics about the bonds. He stated he has been told there are four property owners up there who fit the description of an accredited investor which allows them to conserve on costs. What is being approved today makes the worse case assumption of having to use retail sales. The sequence this will follow from this day forward is he will meet with the Investment Banker and the road department to declare an assessment and proceed to issue the bonds. In his discussions he believes the County will still need to approve the level of participation. If they can't get comfortable, they will wait until the project is completed before imposing the assessment and the per lot cost. Commissioner Stone asked if this resolution meets the normal format. Jim Fritze, County Attorney, stated it does except for minor elements of style, but because it needs a change on page 2, they will make the associated style changes as well. If approved, they will have the revised later today for signature. Otherwise it conforms with the normal resolution used in this situation. He pointed out one item they have glossed over and that is the contribution from the County and the work done by Road and Bridge. He does not know if those numbers are being carried in the Road and Bridge draft budget. Mr. Rider stated it involves the engineering which has been done and the rough work is to be done by Road and Bridge. Commissioner Stone asked Mr. Ingstad if that is in this budget. Mr. Ingstad stated he thinks it was contemplated but he doesn't know for sure. Commissioner Stone asked what that figure was. Mr. Rider stated it would be $60,000. Mr. Fritze stated a lot of it would be in kind. Mr. Rider stated the figures were supplied by the Engineering Department. Commissioner Stone suggested if they are not comfortable to do it this way they would wait until the work was done. Mr. Rider stated they would wait until they have a contract with Elam and have the costs figures down. He stated he would not want to proceed with the project until the final assessment was nailed down. Chairman Phillips asked if there are individuals who are opposed to the proposal. Mr. Rider stated he does not know. He stated there are avenues for those who may be opposed to let it be known. Mr. Fritze stated it was advertised for hearing today. Commissioner Johnson stated this is different than the way we've done Metro Districts or Municipal Districts in the past. Mr. Rider reminded the Board the notice of this hearing was advertised a month ago and the program has been on file in the Clerks office. Mr. Fritze stated it is done differently. Mr. Rider stated though they may get a majority of the property owners to sign the petition, they may not all be registered voters. He believes this form should be adopted today so the Clerk can send 3 10-12-1999 out the ballots. Mr. Fritze stated the ballot notices did go to those first identified. Commissioner Stone moved to approve Resolution 99-178, Lake Creek Improvement District with the corrections to be made for signature later today. Commissioner Johnson seconded the motion. The vote was declared unanimous. Jack Ingstad asked for the names of the roads. Mr. Rider listed the names of the roads to be effected. There being no further business to be brought before the Board the meeting was adjourned until October 18, 1999. "-,':. '\ ~ Chairman Attest: 4 10-12-1999