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HomeMy WebLinkAboutMinutes 11/22/93 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL:S 387869 PUBLIC HEARING NOVEMBER 22, 1993 Present: George "Budll Gates Johnnette Phillips Absent: James Johnson, Jr. Jack Lewis Jim Fritze Mary Jo Berenato Sara J. Fisher Chairman conmissioner Corrmissioner County Manager County Attorney Deputy County Attorney Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners: Consent Calendar Chairman Gates opened the hearing with the first item on the agenda, the consent calendar as follows: 01) Bill paying, subject to review by County Mana~er 02) Payroll for November 24, 1993, subject to reVlew by County Manager 03) Change order number one to the 1993 Guardrail contract with Adarand Constructors, Inc. 04) Contract with Midwest Air Traffic Control Service, Inc., for a control tower at the Eagle County Re~ional Airport 05) Skyline Six Area on Aglng Notification of Grant Award for Older Americans Act Title III Funds, Statement of Assurances Certification regarding lobbying, NWCCOG. Commissioner Phillips moved to approve items one (1) through five (5) as presented. Chairman Gates seconded the motion. Of the two voting conmissioners the vote was declared unanimous. corrmissioner Johnson is out of town at a :NACO meeting. Final Settlement, Adarand Constructors Larry Metternick, County Engineer, presented final settlement for Adarand Constructors, Inc. for the 1993 Guardrail Project. He stated notice was published and no claims have been received. Jim Fritze, County Attorney, stated the deadline for filing claims has passed and no claims have been received. Conmissioner Phillips moved to approve final settlement for Adarand Constructors, Inc., for the 1993 guard rail project. The Chairman shall be authorized to sign final settlement. Chairman Gates seconded the motion. Of the two voting Conmissioners the vote was declared unanimous. Resolution 93-140 Phil Scott, Engineering Technician, presented Resolution 93-140, Authorizing Partial Release of Collateral for Cordillera, Filing 6, Phase II. He stated Staff has been on site and made an inspection and found everything to be in order. He recorrmended the Board approve the Resolution. Mr. Scott sta~ed there are currently three letters of credit, one of which is about to explre. Mary Jo Berenato, Deputy County Attorney, informed the Board she has received a faxed copy of a new letter of credit. She requested the Board sign the Resolution with the condition the County Attorney receives a hard 1 \ copy of the letter of credit by Wednesday morning. If the Attorney's Office does not receive the letter of credit, she requested the Board execute the Power of Attorney allowing the County Attorney to draw on the letter of credit. Chairman Gates stated every week the County has one or two releases for Cordillera. Mr. Scott stated there is alot of activity at Cordillera at the present time. Ms. Berenato stated the Board will be releasing $402,057.00. Conmissioner Phillips moved to approve a Resolution authorizing the Partial Release of Collateral for Cordillera in the amount of $402,057.00 with the understanding a letter of credit for $81,000.00 shall be submitted to the County Attorney by Wednesday and will be executed on that day. In the event a letter of credit is not received the Power of Attorney shall be executed to draw on the letter of credit. Chairman Gates seconded the motion. Of the two voting Conmissioners the vote was declared unanimous. Resolution 93-141 Dan Reynolds, Airport Manager, presented Resolution 93-141, Readopting Rules and Regulations for Ground Transportation at the Eagle County Regional Airport . Chairman Gates asked Mr. Reynolds to explain what a consortium booth was. Mr. Reynolds stated the booth would be located within the terminal and would be a Tmllti-user booth, requiring each transportation provider to check in at the booth. He stated this will eliminate some of the solicitation and reduce the congestion within the baggage building. Chairman Gates questioned contracted transportation providers and non- contracted providers both using the facilities. Mr. Reynolds stated the facility is a public use facility and by law a transPOrtatlon provider has the right to meet a pre-booked passenger within that facility. Mr. Fritze stated the Board has the power to regulate how those non- contracted entities pick up a passenger and where they are picked up. Mary Jo Berenato informed the Board a work session was held with the majority of the transJ?Ortation providers. Joe Leavitt, Alplne Sedan/Luxury Limo, stated concerns with costs and use of the booth. He stated he does not want a consortium booth as it allows the Airport to charge any fees to the transportation providers. He requested there be more discussion on this issue before approval. Craig Colby, Beaver Creek Jet Center, stated the costs mentioned covered personnel, construction, insurance and benefits. He stated the Jet Center will hire the individual to sit at the booth to direct traffic. He stated each provider will be billed on a monthly basis and will pay for their time at the booth. He stated if a company decides not to use the booth they are more than welcome to meet their passengers in the parking lot. Mr. Reynolds stated there is not enough room within the baggage building to build as many booths as there are transportation corrpanies. Mark DeQuire, LuxuS( Limo's out of Aspen, stated there should be no soliciting outside the Airport. Steve Vincent, Airlink Shuttle of Vail, stated concerns with the open end financial arrangement being proposed. Harvey Gilmore, Vans to Vail, spoke to rotation of services. He stated the counter space is inadequate. He expressed logistical concerns. Jim Fritze advised if the Board wishes to have further discussion on any part of the Resolution, it needs to be amended to delete that portion and adopt the rest of the Resolution. Jack Lewis stated the attendees of previous meetings have not come to the meeting with the spirit of working together but rather to moan, ~roan and bitch. He informed the Board if the transportation people want to dlscuss the matter a~ain they need to be willing to work to;Jether. Corrmissloner Phlllips moved to ap~rove Resolutlon 93-141, Adopting Rules and Regulations for Ground Transportatlon at the Eagle County Regional Airport and amending to withdraw the consortium counter at this time until further discussion can be held, November 29, 1993 at 10:00 a.m. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Chairman Gates seconded the motion. Of the two voting conmissioners the vote was declared unanimous. Grant Application, Ccmnunity Policing Coordinator Kim Andrea, Eagle County Sheriff's Office, appeared with a grant application for a Conmunity Policing Coordinator. She explained the grant to the Board relating it was a three year application and the cash match moneys would come from the Sheriff's budget over the next three year period. Mary Jo Berenato stated the grant monies cannot be used for overtime or equipment. Corrmissioner Phillips asked what the job was. Ms. Andrea stated the position teaches and trains on crime prevention. A.J. Johnson, Eagle County Sheriff, explained the program to the Board. He stated this individual's job would be evaluation and assessment for the most part, then making a determination on the type of action needed. Chairman Gates stated the program is to try to come up with the facts and action before a crisis occurs. He stated concerns of the situation after the third year if the Board decides not to fund the program any longer. Commissioner Philli~s moved to approve the grant application for the Community Policing Coordlnator. Chairman Gates seconded the motion. Of the two voting Conmissioners the vote was declared unanimous. Resolution 93-142, Water Street Project Jim Fritze presented Resolution 93-142, authorizing a deed to the Town of Red Cliff for Block M, Lot 31, Town of Red Cliff, to be used for municipal purposes. He stated the deed carries a reversionary provision should the property not be used for municipal purposes, for a period in excess of five years. He stated if the property was used for non-municipal purposes, the revisionary clause would corrmence and the property would revert to the County. Commissioner Phillips moved to approve Resolution 93-142, Water Street Project, and grant such deed to the Town of Red Cliff, for Block M, Lot 31, Town of Red Cliff. Chairman Gates seconded the motion. Of the two voting Conmissioners the vote was declared unanimous. Beaver creek Sports Facilities Bands Jim Fritze presented the first amendment to a Trust Indenture, first amendment to Sports and Housing Facilities Financing Agreement, Assignment and Assumption Agreement with regard to the Beaver Creek and vail Sports Facilities Bonds, and a Uniform Conmercial Code, Form III. He stated these agreements need to be executed by the Chairman. Mr. Fritze stated he has reviewed these documents and everything is in order. Conmissioner Phillips moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensin~ Authority. Chairman Gates seconded the motion. Of the two votlng Conmissioners the vote was declared unanimous. Broken Arrow Cafe Mary Jo Berenato t?resented a renewal of hotel and restaurant license for Arrowhead Ski Corporatlon, dba/Broken Arrow Cafe. She stated the County Liquor Inspector has requested this matter be tabled to December 6, 1993 as there are concerns with service of food on the premises. Commissioner Phillips moved to table the renewal of liquor license for Arrowhead Ski Corporation, dba/Broken Arrow Cafe to December 6, 1993. Chairman Gates seconded the motion. Of the two voting Conmissioners the vote was declared unanimous. 3 Two-Elk Restaurant Mary Jo Berenato presented a renewal of a hotel and restaurant liquor license for vail Food Services, Inc., dba/Two Elk Restaurant. She stated the County Liquor Inspector did not perform an inspection as the establishment is closed and there was no liquor on site. She stated there have been no complaints or disturbances during the past year and all documents seem to be in order. She reconmended the Board approve the renewal. conmissioner Phillips moved to approve a renewal of hotel and restaurant liquor license for Vail Food Services, Inc., dba/Two Elk Restaurant. Chairman Gates seconded the motion. Of the two voting Conmissioners the vote was declared unanimous. Stop and Save Mary Jo Berenato presented a renewal of 3.2%' Beer License for S and M Petroleum Properties, Inc., dba/Stop and Save. Scott Medsker, applicant, was present for the hearing. Ms. Berenato stated the Liquor Inspector did perform a liquor inspection and there were no problems. She stated there have been no complaints or disturbances during the past year. conmissioner Phillips moved to approve a renewal of liquor license for S & M Petroleum Properties, Inc., dba/Stop and Save. Chairman Gates seconded the motion. Of the two voting Conmissioners the vote was declared unanimous. picasso's Restaurant Mary Jo Berenato presented an application for renewal of a hotel and restaurant liquor license for Kensin~on Partners, Inc. dba/Picasso's Restaurant. She stated the County Llquor Inspector ~erformed an inspection, citing three concerns. Mr. Berenato explained a valld sales tax license was not posted, the federal tax stamp was not posted and a minor warning sign was not posted. She informed the Board there was one bad bottle which was voluntarily discarded. Bruce Kendall, Vice President at the Lodge at Cordillera, was present for the hearing. He stated he will make sure all items are conspicuously posted. Ms. Berenato stated the Sheriff's Office reports no complaints or disturbances during the past year. She recorrmended the Board approve the license. conmissioner Phillips moved to approve the renewal of liquor license for Kensington Partners, Inc., dba/Picasso's Restaurant. Chairman Gates seconded the motion. Of the two voting conmissioners the vote was declared unanimous. Mirabell's at Beaver Creek Mary Jo Berenato presented a renewal of liquor license for Mirabelle's at Beaver Creek. She stated the County Liquor Inspector did perform a site inspection and found there was no valid State license posted, no sales tax license posted, no federal tax stamp posted and no minor warning sign was posted. She informed the Board there was no liquor stock available as the establishment was closed for the season. Anu Jordie, manager, was present for the hearing. He stated everYthing was posted at the present time. Ms. Berenato stated there were no complaints or disturbances during.the past year. She reconmended the Board approve the renewal. conmissioner Phillips moved to approve the renewal of liquor license for Mirabelle's at Beaver Creek. Chairman Gates seconded the motion. Of the two voting conmissioners the vote was declared unanimous. Chadwicks at the Chateau Mary Jo Berenato presented a renewal of hotel and restaurant liquor license for Chadwicks Restaurant, Inc., dba/Chadwicks at the Chateau. She 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 stated the County Liquor Inspector performed an inspection and found everything to be in order. Chad Scothorn, applicant, stated the federal tax stamp has been paid for but has not arrived as of this date. He stated as soon as he receives it he will post it in a conspicuous location. Ms. Berenato stated the Sheriff's Office reports no complaints or disturbances during the past year. Commissioner Phillips moved to a~prove a renewal of liquor license for Chadwicks Restaurant, Inc., dba/Chadwlcks at the Chateau. Chairman Gates seconded the motion. Of the two voting conmissioners the vote was declared unanimous. Gashouse Restaurant Mary Jo Berenato presented a renewal of hotel and restaurant liquor license for the Gashouse, Inc., dba/Gashouse Restaurant. Jim Kerns, manager, was present at the hearing. Ms. Berenato stated the County Liquor Inspector did visit the site and related the sales tax license, food service license and federal tax stamp were not posted. She stated there was also one bad bottle that was voluntarily discarded. She informed the Board while the Liquor Inspector was at the site the applicant posted the food service license and the sales tax license. Mr. Kerns stated they are currently waiting for the tax stamp to arrive and when it does it will be posted immediately. Mary Jo Berenato stated the Sheriff's Office report no complaints or disturbances during the past year. Commissioner Phillips moved to approve the renewal of liquor license for Gashouse, Inc., dba/Gashouse Restaurant. Chairman Gates seconded the motion. Of the two voting conmissioners the vote was declared unanimous. Trappers Cabin Mary Jo Berenato presented a renewal of hotel and restaurant liquor license for Beaver Creek Food Services, Inc., dba/Trappers Cabin. She stated the Sheriff's Office reports there have been no complaints or disturbances during the past year. Ms. Berenato indicated the County Liquor Inspector has not made a site visit as the establishment is closed. She stated the Inspector will visit the site as soon as practically possible. She reconmended the Board approve the renewal. conmissioner Phillips moved to approve the renewal of liquor license for Beaver Creek Food Services, Inc., dba7Trappers Cabin. Chairman Gates seconded the motion. Of the two voting conmissioners the vote was declared unanimous. Beano I s Cabin Mary Jo Berenato presented a renewal of hotel and restaurant liquor license for Beaver Creek Food Services, Inc., dba/Beano'S Cabin. She stated the County Liquor Inspector did not make an on-site inspection as the establishment was closed but an inspection will be made as soon as possible. The Eagle Sheriff's Office reports no complaints or disturbances during the past year. She reconmended the Board approve the renewal. conmissioner Phillips moved to approve the renewal for Beaver Creek Food Services, dba/Beano'S Cabin. Chairman Gates seconded the motion. Of the two voting conmissioners the vote was declared unanimous. Spruce Saddle Restaurant Mary Jo Berenato presented a renewal of a hotel and restaurant liquor license for Beaver Creek Food Services, Inc., dba/Spruce Saddle Restaurant. She stated the County Liquor Inspector did not have an opportunity to visit 5 the site but will make an inspection as soon as possible. The Eagle County Sheriff's Office reports no complaints or disturbances during the past year. She recorrmended the Board approve the renewal. conmissioner Phillips moved to approve the renewal for Beaver Creek Food Services, Inc., dba/ Spruce Saddle Restaurant. Chairman Gates seconded the motion. Of the two voting conmissioners the vote was declared unanimous. Mid-Vail Restaurant Mary Jo Berenato presented a modification of premises for vail Food Services, Inc., dba/Mid-Vail Restaurant. She requested this matter be tabled to December 6, 1993 as the applicant could not be present at this hearing. conmissioner Phillips moved to table the modification of premises for vail Food Services, Inc., dba/Mid-Vail Restaurant to December 6, 1993. Chairman Gates seconded the motion. Of the two voting conmissioners the vote was declared unanimous. conmissioner Phillips moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County conmissioners. Chalrman Gates seconded the motion. Of the two voting Conmissioners the vote was declared unanimous. Highland Woods, Consent of Assigmnent Mary Jo Berenato presented a Consent of Assignment for Highland Woods, a resubdivlsion of Highland Meadows, Lot 33. She stated the Subdivision Improvements Agreement will be assigned to three individuals, Elie OUaknine, Don Everett and David Irwin. She stated a letter of credit has been submitted to cover the cost of improvements. conmissioner Phillips moved to a~prove the Consent of Assignment and Assumption for Hi~hland Woods, resubdlvision of Lot 33 Highland Meadows and Lots 34 and 35, Hlghland Park. Chairman Gates seconded the motion. Of the two voting conmissioners the vote was declared unanimous. Lease for Basalt Office Space Mike Bradley, Buildings and Grounds Manager, appeared with a lease between Eagle County and Cody Lane Partnership, regarding office space for Social Services in the El Jebel/Basalt area. He stated the building is located across the street from the stoplight on Highway 82, near the Integrity Plumbing Building. He stated monthly rent wlll be $1,634.00 and is a two year lease. Commissioner Phillips moved to approve the lease agreement between Eagle County and Cody Lane Partnership, a two year lease in the amount of $1,634.00 per month. Chairman Gates seconded the motion. Of the two voting conmissioners the vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until December 6, 1993. /~ ('.<./:;.t! a~ xl. ~:...L--<t>E/ // Attest~;,r(.~~_.c/~.#c~ ~~4 ~[;:; , erlc to t e oa " ~~ 6