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HomeMy WebLinkAboutMinutes 11/13/2001 PUBLIC HEARING NOVEMBER 13, 2001 Present: Tom Stone Michael Gallagher Arn Menconi Tom Moorhead Jack Ingstad Earlene Roach Chairman Commissioner Commissioner County Attorney County Administrator Deputy 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 Stone stated the first item before the Board was the Consent Agenda as follows: A) Approval of bill paying for the week of November 12,2001, subject to review by County Administrator B) Approval of payroll for November 15,2001, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioners meeting of October 30,2001 D) License Agreement between the Buckholz Family Partnership and Eagle County for the maintenance of a tower and transmission equipment by the Eagle County Sheriff s Department E) Event Producer, Eagle County Fair and Rodeo. Chairman Stone asked the Attorney's Office if there were any changes to the Consent Agenda. Diane Mauriello, Deputy County Attorney, stated there are no changes. Commissioner Menconi moved to approve the Consent Agenda as presented. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Matt Gennett, Planner, presented the following plats and resolutions for the Board's consideration: 5MB-00286. Berry Creek Ranch Filing No.1. A Resubdivision of Lot 11. The intent of this Type B Minor Subdivision is to re-subdivide Lot 11 in order to create two Y; duplex lots, Lots llA and I1B, as well as an access and parking easement as depicted on the plat. Staff findings are 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. 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, 1 11-13-2001 policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Gallagher moved to approve final plat file number 5MB-00286, Berry Creek Ranch, Filing No.1, a resubdivision of Lot 11, incorporating staff findings. Commissioner Menconi seconded the motion. The vote was declared unanimous. Settlement Stipulations Diane Mauriello stated there is one stipulation for James Miller, schedule number R043679. Jody Caruthers, Eagle County Assessor, stated there is a typo under item number 4. She related the improvement value should be $1,240,980.00. She informed the Board the figure shown is the after stipulation amount of$I,245,980.00. Commissioner Menconi moved to approve the stipulation of value for schedule number R043679, James Miller, as presented, including the change as noted by the Assessor. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Bid Award, Bedding Material to Landfill Brad Higgins, Director of Road and Bridge, presented the bid award for 200 I for supplying and hauling of approximately 2,700 tons of type L Rip Rap, 800 tons of 3" bedding material to the Eagle County Landfill. He stated the materials will be used for a drainage way that is in Landfill design. The contract is for hauling and stock piling materials on site. County crews will place those this winter. The low bidder was Harry's Heavy Haulers. Commissioner Gallagher asked about Type L Rip Rap. Mr. Higgins stated Type L is 15" average angular Rip Rap. Commissioner Gallagher moved to approve the bid award to Harry's Heavy Haulers for 2001, for supplying and hauling of approximately 2,700 tons of type L Rip Rap, 800 tons of3" bedding material to the Eagle County Landfill. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Board of County Commissioners and reconvene as the Eagle County Air Terminal Corporation. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Eagle County Air Terminal Corporation and reconvene as the Board of County Commissioners. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Resolution 2001-135, Supplementary Budget Mike Roeper, Finance Director, presented Resolution 2001-135, adopting a third supplementary budget and appropriation of anticipated revenues for fiscal year 2001, and authorizing the transfer of budgeted and appropriated moneys between various spending agencies. He stated the total is $3,556,824.00. The major items are the provisions for depreciation, which were not included in the original budget of$I,445,000.00, $450,000.00 for a transfer from the general fund to the Airport Fund, for the A VI system and parking lot relocation. Other major items are $207,500.00 for transfer to the Capital Improvement Funds for the Tree Farm irrigation project. He stated those funds will come from the Conservation Trust Fund which is an annual appropriation received as part of the Lottery proceeds. This portion of the project qualifies for those funds. Engineering Services for the Edwards Spur Road 2 11-13-2001 will receive funds from the General Fund. Commissioner Menconi questioned the transfer of monies out of the Airport fund of $450,000.00 and if those were to be reimbursed. Mr. Roeper answered yes and it is actually a transfer from the General Fund to the Airport Fund. Chairman Stone questioned having an agreement in place. Mr. Roeper stated the Attorney's Office is working on the agreement. Ms. Mauriello stated she will make sure that agreement is signed. Chairman Stone stated the agreement must be signed before the money is disbursed. Commissioner Menconi questioned the Conservation Trust Fund. Mr. Roeper stated the County annually receives approximately $150,000.00 per year in Lottery proceeds. The Tree Farm qualifies for use of those funds. No other projects had been ear marked in that fund and if the moneys are not spent the State might think about the allocation of those funds. Commissioner Menconi asked what the total of that fund was. Mr. Roeper stated there is approximately $250,000.00, which will leave a balance of approximately $50,000.00. Commissioner Menconi asked for comment from those departments included in the Supplemental Budget request. Commissioner Menconi moved to approve Resolution 2001-135, adopting a third supplementary budget and appropriation of anticipated revenues for fiscal year 2001, and authorizing the transfer of budgeted and appropriated moneys between various spending agencies. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Annexation Agreement, National Guard Diane Mauriello stated the next matter was the Annexation Agreement for the National Guard Facility to be annexed into the Town of Gypsum. She stated this matter needs to be tabled to November 20,2001. Commissioner Gallagher moved to table the Annexation Agreement, annexing the National Guard Facility into the Town of Gypsum to November 20,2001. Commissioner Menconi seconded the motion. The vote was declared unanimous. Annexation Agreement, Cooley Mesa Road Diane Mauriello stated the next item was the Annexation Agreement for the 2nd Cooley Mesa Road annexation into the Town of Gypsum. She stated this matter needs to be tabled to November 20, 2001. Commissioner Menconi moved to table the Annexation Agreement for the 2nd Cooley Mesa Road annexation into the Town of Gypsum to November 20,2001. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Resolution 2001-136, Splitting Eagle County, Reapportionment Process Commissioner Gallagher stated the next item was Resolution 2001-136, opposing the splitting of Eagle County into two or three Districts during the reapportionment process for the House of Representatives District. He stated this matter was discussed with the other Commissioners and it was decided to bring the Resolution forward. Chairman Stone stated this does not endorse anyone of the proposed plans. Commissioner Gallagher stated it does not. He suggested, in the first paragraph where it reads "to reduce the number of districts to which Eagle County is being divided" adding the words "to one if 3 11-13-2001 possible". Commissioner Menconi stated in a prior meeting it was discussed leaving the Roaring Fork area in a different district and try to maintain the Eagle County River Valley area in one district. He asked if the suggested wording would have Eagle County remain as it is, in one district. Commissioner Gallagher stated it is his desire to have Eagle County in one district however he does not disregard the interest from the Roaring Fork Valley When working with Legislators it is better for one Board to represent all portions of Eagle County rather then two different Board's. Commissioner Menconi stated he believes this is a movement in the right direction for representation. He prefers to see it divided but would like to move this forward. Chairman Stone stated he agrees with Commissioner Menconi and believes the Roaring Fork Valley should be a separate district because it would be more of a community in interest. Commissioner Menconi stated he has heard that a lot of people are trying to get Summit and Eagle County together as far as the House District is concerned, for representation for the resort communities. Commissioner Menconi moved to approve Resolution 2001-136, opposing the splitting of Eagle County into three Districts during the reapportionment process, including the additional wording as suggested by Commissioner Gallagher. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Commissioner Gallagher moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. Liquor License Consent Agenda Earlene Roach, Liquor Inspector, presented the Liquor License Consent Agenda as follows: A) Feather Petroleum Company Stop and Save This is a renewal of a 3.2% Beer license, off premise. This establishment is located at the corner of Edwards Village Blvd and Highway 6 in Edwards. There have been no complaints or disturbances during the past year. Commissioner Menconi moved to approve the Liquor License Consent Agenda for November 13,2001 as presented. Commissioner Gallagher seconded the motion. The vote was declared unanimous. The Terrace Earlene Roach presented a transfer of ownership of a hotel and restaurant license for The Resort Company, d/b/a The Terrace. She stated this used to be the Pacific Ranch which was located on the basement level of the Charter at Beaver Creek. She stated this application is in order. All applicants are reported to be of good moral character. The applicant has scheduled TIPS training and have ordered their Colorado Liquor Code Books. Mike Lange, General Manager of the Charter, and Robert Milne, owner of the Resort Company, were present for the hearing. Commissioner Gallagher asked who the license was being transferred from and to. Ms. Roach stated it is going from Flo's Restaurant, Inc., dba/The Pacific Ranch, to The Resort Company, dba/The Terrace. 4 11-13-2001 Commissioner Gallagher asked if the premises have been changed. Ms. Roach stated it will be the same premises as before. Mr. Milne stated their long term plan is to eventually lease the restaurant out but for now felt it was best to hold the liquor license. Chairman Stone asked about the applicants experience. Mr. Milne stated he has been involved with KB Ranch in Vail for a number of years. Commissioner Menconi asked about the restaurant. Mr. Lange stated at this time it will be only for breakfast and special bookings. Commissioner Gallagher moved to approve the transfer of ownership of a hotel and restaurant license from Flo's Restaurant, Inc., dba/The Pacific Ranch to The Resort Company, d/b/a The Terrace. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Abatements Max Schflaley, Appraisal Coordinator, presented an abatement for Lion Square Condominium Partnership, schedule number R009079. The petitioner references the sale of unit 286 in December 1998 as a comparable. He stated this sale does not apply as it is not within the appropriate time frame. The Assessor recommended the abatement be denied. Keith Mumby, Partner of Lion Square Condominium Partnership, stated he is present mostly out of frustration. He stated when the 1999 valuation was set he appealed and received all the comparable sales, pulled all computer date and went home to work up an argument on the comparables he was given. He stated he was allowed to do so by telephone. He stated he was then told the comparable's he was given were not the ones that were used. He stated he could not address those used as he was given the wrong comparables. He stated he did not appeal the taxes the next year as there was no notice of valuation sent out. He stated this year the valuation came in at $476,000, up about $72,000.00. He stated he came to appeal the valuation using the sale that they would not let him use the last time. He stated he was once again told the sale he was using was not in the appropriate time frame. He stated he cannot believe that there is only a six month window every two years being considered. Mr. Schflaley stated they did use two other sales which were for $510,000.00 and $562,000.00. The third unit used for comparables was $428,000.00. He stated the comparable presented by Mr. Mumby is not within the time frame. Chairman Stone asked if there was a 6 month window that gets missed. Jody Caruthers, Eagle County Assessor, stated in the non re-evaluation year there is a statement included with the tax notice that if the owner does not receive a notice of valuation the valuation on the property will remain the same. Chairman Stone spoke to the comparable sales used. Mr. Mumby stated you cannot compare an 800 square foot basement unit with an 1,100 square foot penthouse unit. They are not comparable. Chairman Stone stated there are ways to use the comparables adjusting for the differences in the units. Mr. Schflaley stated a smaller unit would sell for a greater price per square foot. Mr. Mumby asked about the difference in square feet. Chairman Stone asked if there was an increase in value in the unit. Mr. Mumby stated yes the unit has increased in value. 5 11-13-2001 Commissioner Gallagher stated the Board is bound by law and cannot use sales outside the window. He asked why the Commissioners are hearing this matter rather than the Board of Assessment appeals. Commissioner Gallagher moved to deny schedule number R009079, Lion Square Condominium Partnership, as recommended by the Assessor. Commissioner Menconi seconded the motion. The vote was declared unanimous. Mr. Schflaley presented an abatement for George O. Sanders, schedule number R026016. The petitioner states there will be a highway going through his property rendering it worthless. He stated the Assessor recommended denial as there are no current plans for a highway to go through the subject property . Chairman Stone stated the petitioner was not present. He questioned the location of the property. Mr. Schflaley stated this property is located along Highway 6 in Gypsum. Commissioner Menconi moved to deny schedule number R026016, George O. Sanders, as recommended by the Assessor for 1999 and 2000. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Mr. Schflaley presented an abatement for Tim W. Nagel, schedule number R031108. The petitioner stated after reviewing sales in the area he finds they have lower per square foot costs. He purchased the property after the time frame and recommended a value change. The Appraiser recommended a value change to $330.00 per square foot. The Assessor is recommending an abatement, with an original assessed valuation of $133,440.00, taxes of$7,199.62, with an abatement amount of $33,670.00 and a tax abatement amount of$I,816.63, leaving a balance owed of $99,077.00 assessed value and tax amount of $5,382.99. Chairman Stone asked if the petitioner had been notified of the adjusted amount. Mr. Schflaley stated he was sent a letter and agrees with the value. Commissioner Gallagher moved to approve schedule number R0311 08, Tim W. Nagel, as recommended by the Assessor. Commissioner Menconi seconded the motion. The vote was declared unanimous. Mr. Schflaley presented abatements for River Dance Association, schedule numbers R048450, R048445, R048440, R050633, R050634 and R0050641. The petitioner is asking for an abatement as the property is deeded as open space. He stated, however, this property was never deeded to the Homeowners Association and therefore cannot be considered open space. The Assessor recommended denial Chairman Stone stated after the property is deeded to the Homeowners Association it can be zeroed out. Commissioner Menconi moved to deny schedule numbers R048450, R048445, R048440, R050633, R050634 and R050641, River Dance Association, as recommended by the Assessor. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Mr. Schflaley presented an abatement for Phoenix of Basalt, Inc., schedule number R048115. The petitioner relates this area is open space as per the PUD Document. He stated the property was not deeded over in the appropriate time frame. The Assessor recommended an open space value of $3,500.00 for the year 2000, and is recommending the abatement be approved as there was a clerical error made. The original assessed valuation was $30,880.00, the tax amount of $2,069.30, with the abatement amount of $29,860.00 and a tax amount of $2,000.95, leaving a balance assessed value of $1,020.00 and a tax amount of$68.35. This property was considered as a developable common lot when 6 11-13-2001 restrictions were enforced as per the PUD Agreement. Commissioner Gallagher moved to approve an abatement for schedule number R048115, Phoenix of Basalt, Inc., as recommended by the Assessor. Commissioner Menconi seconded the motion. The vote was declared unanimous. Mr. Schflaley presented an abatement for Berriedale Corporation, schedule number R029896. The petitioner The Assessor found the property was assessed as a commercial unit and should have been assessed as a residence. The Assessor recommended denial of the abatement for 1999 and approval for 2000. Commissioner Gallagher asked about assessing property for the actual use or according to the permitted use. Mr. Schflaley stated they assess property for its use as Colorado is an In-Use State. Commissioner Menconi moved to deny the abatement for 1999 and approve the 2000 abatement, for $24,570.79 file number R029896, Berriedale Corporation, as recommended by the Assessor. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Mr. Schflaley presented an abatement for Stuart and Rebecca Green, schedule number R031559. The Assessor found errors in the process. For 1999 the original assessed value was $154,110.00 with a tax amount of$11,187.76, with an abatement of$25,920.00 and a tax amount of $1,881.68, leaving a balance assessed value of$120,190.00 and a tax balance of$I,306.08. For the year 2000, an assessed valuation of$154,11O.00 with a tax amount of$11,753.04, with an abatement of $25,920.00 with a tax amount of$I,976.76, leaving a balance assessment of$128,190.00 and a balance tax amount of $9,776.28. Commissioner Gallagher moved to approve schedule number R031559, Stuart and Rebecca Green, as recommended by the Assessor for 1999 and 2000. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Gallagher asked the Board only be supplied with the abatement record rather than the large amount of paper. AFP-00132, Beaver Creek Subdivision Jena Skinner, Planner, presented file number AFP-00132, Beaver Creek Subdivision. She stated the applicant has requested this matter be tabled to December 4,2001. Commissioner Menconi moved to table file number AFP-00132, Beaver Creek Subdivision, to December 4,2001 at the applicants request. Commissioner Gallagher seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until November 20,2001. ~,~ Chairman 7 11-13-2001