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Minutes 02/26/2002 PUBLIC HEARING FEBRUARY 26,2002 Present: Michael Gallagher Am Menconi Tom Stone Tom Moorhead 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: Executive Session Chairman Gallagher stated the first item on the agenda was an Executive Session. Commissioner Stone moved to adjourn into an Executive Session to receive legal advice on pending litigation which is an appropriate topic for discussion pursuant to C.R.S. 24-6-402 (4)(b), Colorado Revised Statutes. Commissioner Menconi seconded the motion. The vote was declared unanimous. Consent Agenda Chairman Gallagher stated the first item before the Board was the Consent Agenda as follows: A) Approval of bill paying for the weeks of February 26, 2002 and March 4,2002, subject to review by County Administrator B) Approval of payroll for March 7,2002, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioners meeting of February 5,2002 D) Resolution 2002-024, ratifying appointment of Michael L. Gallagher, David Carter and Michael Roeper to the Board of Directors of the Mountain Glen Housing Corporation E) Resolution 2002-025, ratifying appointment of Tom C. Stone, David Carter and Michael Roeper to the Board of Directors of the Eagle Riverview Affordable Housing Corporation F) Resolution 2002-026, ratifying appointment of Michael L. Gallagher, Am M. Menconi, Tom C. Stone, Jack Ingstad and Michael Roeper to the Board of Directors ofthe Eagle County Air Terminal Corporation and appointing Eddie Storer as the non-voting member ofthe same Board G) Resolution 2002-027, ratifying appointment of Am M. Menconi, James Fitzpatrick, David Carter and Rob Levine to the Board of Directors of the Lake Creek Affordable Housing Corporation H) Resolution 2002-028, endorsing a locally preferred option for a monorail I) Berry Creek Miller Ranch Design Contract with Peak Engineering J) 2002 Over the Road Tractor, trade-in $6547, 1996 International Tractor K) (1) 2002 Dodge 3500 Regular Cab, 1 ton Cab and Chassis 4X4 L) (2) 2002 1 ton Heavy Duty 4X4 Club Cab and Chassis with 8' steel flat bed, trade-in #6617,1996 Dodge 3/4 ton Pickup, #6293,1994 Ford 1 ton flat bed M) 2002 Hydro Seeder N) (2) 2002 Dodge Intrepid Four Door Sedan, trade-in #6563, 1995 Dodge Intrepid, #6098, 1992 Ford Taurus 1 02-26-2002 0) (3) 2002 ~ Ton regular cab Pick Up, trade-in #7593, 1999 GMC #7762, 1999 Ford Ranger #7783, 1999 Ford Ranger P) 2002 1 ton Crew Cab, trade-in #7027, 1997 GMC Crew Cab Flat Bed Q) (3) 2002 1/4 ton Quad Cab Pick-Up, trade-in #6566, 1996 Ford Ranger, #7291, 1998 Ford Ranger, #6580, 1996 Ford Ranger R) (1) 2002 2500 4X4 quad Cab Pickup, trade-in #6613, 1996 Dodge 3/4 ton pickup S) (1) 2002 Lowboy Trailer, trade-in #6148, 1993 Trail King Lowboy Trailer T) Agreement with William Brummett Architects for the new Eagle County Assisted Living Complex U) Agreement with Fox and Company for the new Eagle County Assisted Living Complex V) Agreement with Vail Electronics for fire alarm and security systems monitoring, test, inspection and repair services W) Application for Federal assistance, Early Head Start Grant Modification X) Application for State Tobacco Education and Prevention Partnership Y) Resolution 2002-029, concerning appointments to the Basalt Library District Board of Trustees Z) Resolution 2002-030, concerning appointments to the Cedar Hill Cemetery District Board of Directors AA) Resolution 2002-031, concerning appointments to the Eagle County Zoning Board of Adjustments BB) Resolution 2002-032, concerning appointments to the Emergency Telephone Service Authority Board CC) Resolution 2002-033, concerning appointments to the Eagle County Down Payment Assistance Committee DD) Resolution 2002-034, concerning appointments to the Eagle County Weed Advisory Board EE) Resolution 2002-035, concerning appointments to the Eagle County Extension Advisory Board FF) Resolution 2002-036, concerning appointments to the Eagle County Building Board of Appeals GG) Resolution 2002-037, concerning to the Roaring Fork Planning Commission HH) Resolution 2002-038, concerning appointments to the Junior Livestock Sales Commission II) Resolution 2002-039, concerning appointments to the Eagle Cemetery District Board of Directors. Chairman Gallagher asked to remove item H, endorsing the monorail system from the Consent Agenda. He asked the Attorney's Office if there were any other changes to the Consent Agenda. Tom Moorhead, County Attorney, asked that items N and Q, having to do with equipment purchases, be removed from the agenda. Chairman Gallagher noted that Commissioner Stone was not present for the hearing as he had left for the NACO Conference in Washington, D.C. Commissioner Menconi moved to approve the Consent Agenda as presented being items A through II except for items H, Nand Q. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Chairman Gallagher spoke to item H, the Resolution endorsing a locally preferred option for the monorail system. He stated there was an error omission, "terminating at the Eagle County Regional 2 02-26-2002 Airport" is added to the Resolution. He stated all of the 1-70 corridor improvements involving pavement stop at the tunnel. He stated the monorail then carries on from Vail. They then want to go from the Union Pacific Railroad to Eagle County Airport. Yet to be determined is what they do through Dowd Canyon. They are stating by this resolution to CDOT it is the County's preferred option they do the monorail all the way to the Airport. Commissioner Menconi moved to approve Resolution 2002-028 endorsing a locally preferred option for a monorail. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. He stated Commissioner Stone left the meeting for Washington D.C. Settlement Stipulations Tom Moorhead presented the following Settlement Stipulations for the Board of Assessment Appeals. He stated there are two today, the first for schedule number R009655, Johnfry, LLC. The total assessed value is $1,648,000 and the stipulated value is $824,670. The second is schedule number R040881 for 2655 Fenno Ranch LLC. The total assessed value is $1,738,690 and the stipulated value is $1,436,740. Commissioner Menconi moved to approve the settlement stipulations as presented. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Election Precinct Map - Resolution 2002-40 Sara J. Fisher, Eagle County Clerk & Recorder, presented a proposed Resolution and precinct map concerning changes in the election precincts for Eagle County. She stated the changes are in the boundary line between Precinct 17 and Precinct 18. She stated due to voter registration numbers the Clerk's Office is forced to make this change. There can only be 1,500 registered voters in a precinct. She stated she does not have a mylar as the changes in the Representative and Senate Districts only occurred on February 22, 2002. She stated the map will also reflect the new precinct numbering system, which will reflect the Congressional District, Senate District, Representative District, Commissioner District and precinct numbers. She requested the Board approve the changes and authorize the Commissioners to sign the mylar when completed. Chairman Gallagher asked if there was a requirement that the district boundaries match the district boundaries. Ms. Fisher stated they are supposed to but are based on different figures, one on population and the other is based on registered voters. It would have been nice if the Commissioner District lines followed precinct boundary lines. Chairman Gallagher questioned the changes in the numbering system. She stated there will be no further changes in the boundary lines only the numbering system. Commissioner Menconi asked about the basic purpose of the precincts. Ms. Fisher stated in a practical sense they contribute to the Caucus process. It is a division of a manageable number of people in a surrounding area. She stated the delegates that go to the County Assembly are chosen based on the number of precincts and the number of voters in those precincts. Commissioner Menconi moved to approve Resolution 2002-040 allowing for the changes in the precincts and legal descriptions and approval of the Election Precinct Map as presented and said map shall be the current election map used. The Board shall be authorized to sign said map when complete. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 3 02-26-2002 Plat & Resolution Signing Matt Gennett, Planner, presented the following plats and resolutions for the Board's consideration: Resolution 2002-042 to approve a special use permit for the Spur Subdivision, Eagle County File No. ZS-00078. The Board considered this application on September 18, 200l. Chairman Gallagher asked why it took five months for the file to come back before the Board. Mr. Gennett stated this is at the applicant's request as they desired to review the draft ofthe resolution to assure he understood the conditions. Commissioner Menconi moved to approved Resolution 2002-042, approving a special use permit for the Spur Subdivision, Eagle County File No. ZS-00078. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Abatements Max Schflaley, Chief Appraiser, presented a petition for abatement for Eagle Lodge and Suites, LLC, schedule number R045883. The Assessor recommended an abatement based on the valuation was based on a greater number of units than there actually there. For 1999, the original assessed value was $653,950.00 with a tax amount of $33,453.48, with an abated amount of $27,420.00 and a tax amount of $1,402.72, leaving a balance of$626,530.00 and a tax amount of $32,050.72. For 2000, the original assessed value was $653,950.00 with a tax amount of$33,762.14, with an abated amount of $27,420.00 and a tax amount of$1,415.64, leaving a balance of$626,530.00 and a tax amount of$32,346.50. Chairman Gallagher asked what the other six rooms are used for. Mr. Schflaley stated they just had the wrong number of rooms. Chairman Gallagher asked to clarify the file number. Mr. Schflaley stated it is schedule number R045883. Commissioner Menconi moved to approve the Petition for Abatement, schedule number R045883, Eagle Lodge and Suites, LLC, as recommended by the Assessor. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Max Schflaley presented a petition for abatement for Gregory H. and Sharron Finch, schedule number R044028. The Assessor recommended denial as the subject property sold on October 14, 1998 for $300,000.00. The owners relinquished the right to a caretakers unit and a golf membership. He stated an adjustment was made in 1999 resulting in a reduction in the value as a result of the sales information. The value was adjusted to $297,500.00 for 2000. Pursuant to C.R.S. 39-10-114, an abatement cannot be filed for the same year that a protest is filed. Commissioner Menconi asked if this is an Arrowhead parcel. Mr. Schfla1ey replied it is the Beardon Parcel in Cordillera, Lot 13 Commissioner Menconi asked since this is property only, if the petitioner relinquished his rights to build the caretaker unit and the golf course membership. He asked. if Mr. Finch was directed to come back next year and file a petition for abatement. Mr. Schflaley referred to the Notice of Determination and stated they adjusted the value already and that is why the abatement is denied for 2001. Commissioner Menconi asked ifhe could have made a claim for 2000. Mr. Schflaley stated he believes in April it had been adjusted to $297,500 in 1999 and that would have reflected on the 2000 tax bill. He stated it may have occurred in the 2000 Appeals tax period. 4 02-26-2002 Commissioner Menconi asked if the Petitioner should come in again. Mr. Schflaley stated this was a 2001 Appeal. lody Caruthers, Eagle County Assessor, stated this year they are using the same basis as was used in 2001. Chairman Gallagher asked if he will be able to appeal in 2002. Commissioner Menconi moved to deny the Petition for schedule number R044028, Gregory H. and Sharron Finch, as recommended by the Assessor. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Max Schfla1ey presented a petition for abatement for FirstBank of Vail, schedule number P000843. The Assessor recommended an abatement different than requested. The original assessed value was $350,230.00 with a tax amount of$16,595.65, with an abated amount of$219,820.00 and a tax amount of$10,416.17, leaving a balance of$130,410.00 assessed and a tax amount of $6,179.48 for 1998. Commissioner Menconi moved to approve a partial approval of the Petition for Abatement for schedule number P000843, FirstBank of Vail, as recommended the Assessor. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Max Schflaley presented petition for abatement for Galena Partners, schedule number R039178. The Assessor recommended an abatement different than requested with an original assessed value of$1,305,380.00 with a tax amount of$99,553.50, with an abatement of $93,240.00 with a tax amount of$7,110.86, leaving a balance of$1,212,140.00 and a tax amount of $92,442.64. Commissioner Menconi moved to approve the Petition for Abatement for schedule number R039178, Galena Partners, as recommended by the Assessor. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Max Schflaley presented a petition for abatement for Kensington Partners, schedule number R047839. The Assessor recommended approval. The original assessment was $966,940 with a tax amount of$73,742.72, with an abated amount of $69,070.00 with a tax amount of $5,267.56, leaving a balance of $897,870.00 with a tax amount of$68,475.16. Commissioner Menconi moved to approve Petition for Abatement for schedule number R047839, Kensington Partners, as recommended by the Assessor. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Max Schfla1ey presented a petition for abatement for Lakeside Terrace Condominium Association, Inc., schedule number P027030. The Assessor recommended an abatement different than requested. The original assessed value was $175,770.00 with a tax amount of$11,060.86, with an abatement of $54,260.00 with a tax amount of$3,414.47, leaving a balance of$121,510.00 with a tax amount of$7,646.39. Commissioner Menconi moved to partially approve Petition for Abatement for schedule number P027030, Lakeside Terrace Condominium Association, Inc., schedule number P027030, as recommended by the Assessor. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 5 02-26-2002 .. Max Schflaley presented a petition for abatement for Andrew J. Rafuse, schedule number R009239. The Assessor recommended denial as the taxes have not be levied erroneously or illegally for 1999 and 2000. Commissioner Menconi moved to deny Petition for Abatement for schedule number R009239, Andrew J. Rafuse, as recommended by the Assessor. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Max Schflaley presented a petition for abatement for Segal Brobecker Properties LLC, schedule number R048550. The Assessor recommended approval. The original assessed value was $39,490.00 with a tax amount of $2,643.78, with an assessed abatement of$16,300.00 with a tax amount of$1,091.26, leaving a balance of$23,190.00 and a tax amount of$1,552.52. Commissioner Menconi moved to approve Petition for Abatement schedule number R048550, Segal Brobecker Properties LLC, as recommended by the Assessor. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Max Schfla1ey presented a petition for abatement for Kensington Land Investment Partners, dba/Cordillera Spa and Lodge, schedule number R031529. The Assessor recommended approval to comply with the recommendation of the Board of Assessment Appeals. The original assessed valuation was $2,310,010.00 with a tax amount of$179,681.82, with an assessed abatement of$509,100.00 with a tax amount of $36,600.60, leaving a balance of$1,800,900.00 and a tax amount of$140,081.22. Commissioner Menconi moved to approve Petition for Abatement for schedule number R031529, Kensington Land Investment Partners, dba/Cordillera Spa and Lodge, as recommended by the Assessor. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. PDP-00022, Woodland Hills PUD Preliminary Plan ZC-OOOSO, Woodland Hills Zone Change 1041-0040, Woodland Hills Jena Skinner, Planner, presented file numbers PDP-00022 and ZC-00050, Woodland Hills Pud Preliminary Plan and Zone Change. She stated the applicant is requesting this matter be tabled to March 26, 2002. 6 02-26-2002 Chairman Gallagher asked if these files had been tabled before. Ms. Skinner stated they have been tabled to accommodate the Planning Commission tabling. Commissioner Menconi moved to table file numbers PDP-00022 and ZC-00050, Woodland Hills PUD Preliminary Plan and Zone Change, and 1041-0040, Woodland Hills to March 26,2002, at the applicants request. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until March 12,2002. 7 02-26-2002