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HomeMy WebLinkAboutMinutes 03/21/94 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING MARCH 21, 1994 Present: Johnnette Phillips James Johnson, Jr. George "Bud" Gates Jack Lewis Jim Fritze Mary Jo Berenato Sara J. Fisher Chairman Commissioner commissioner 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 for their consideration: Resolution 94-30 Jim Fritze, County Attorney, ~resented Resolution 94-30, regarding Eagle County (Eagle Valley Llbrary Distrlct) General Obligation (Limited Tax) Library Bonds, Series March 1, 1994. Stan Bernstein, Financial Advisor, stated the bonds were approved by the voters in November. He spoke of ratings on the bonds and interest rates. Mr. Bernstein stated the bonds are for a twenty year period. Maria Preploff, Attorney, stated the bonds are the general obligation of the District but must be issued by the County. Commissioner Gates asked if the County was lending in name only and not liable in any way. Ms. Preploff stated the bonds are only the duty of the District. Mr. Fritze asked if by lending Eagle County's name would it limit the County in any way in future years. Ms. Preploff stated the Libra~ District is an entity of its own and the County will not be affected by lendlng its name. , commissioner Gates moved to ap~rove Resolution 94-30, re;1arding Eagle County, (Eagle Valley Library Distrlct) General Obligation (Llmited Tax) Library Bonds, Series March 1, 1994. Commissioner Johnson seconded the motion. The vote was declared unanimous. 1041 pennit Amendment, Vail Valley Consolidated Water District Sid Fox, Planning Manager, presented an amendment to a 1041 Permit for Vail Valley Water District. He informed the Board this application was a joint hearing before the Commissioners and the Planning commission, of which Kathy Heicher, Lou Meskeman and Jeff Forbes were present. He stated the 1041 Permlt was issued in 1992 to extend a twelve inch water line which would connect the water systems in the Vail area with the water systems serving Avon and Eagle-Vail. He stated the applicant is present today to amend the permits to place the water line underneath the Eagle River rather than on the bike path bridge. He informed the Board this amendment would be amending Stage I of the proposal and related Staff currently has an application for Stage II of the project, which would connect and operate the two water systems. Staff recommended approval with the following conditions: 01) Compliance with Section 404 of the Clean Water Act. 02) CO!TIf?liance with the Colorado Department of Transportation utility permit WhlCh includes erosion control. 03) Compliance with the u.S. Forest Service Special Use Permit. 04) All disturbed areas shall be reclaimed to prevent soil erosion 1 and to mitigate visual scaring. Both temporary and long term erosion control shall be implemented. 05) All construction staging areas shall be designed to contain incidental and accidental fuel and lubricant spills. Jim Fritze asked if the applicant was also seeking to modify the construction period. Mr. Fox answered yes, the construction period would be modified. Mr. Fritze stated it needs to be made clear this hearing was being held jointly between the Board and the Plannin;1 Corrrnission. He stated after the lnformation has been presented, the Plannlng Commission will deliberate and make a recorrmendation to the Board. Robert Weaver, Hydrosphere Resource Consultants, reminded the Board of previous hearings. He presented a map of the area showing Stage I extending from the South side of the Eagle River to the West to the end of the Frontage Road. He stated most of the pipeline has been completed with the exce~tion of the Stream crossin$ of the Eagle River. Mr. Weaver stated the origlnal permit issued was to lnstall the pipeline in the bike path bridge which would span the Railroad right-of-way and the Eagle River. He explained the proposal to the Board. Commissioner Gates asked what happens to the bicycle bridge if the water lines goes under the Eagle River. Mr. Weaver stated the bike path bonds have been restored. Gail Crider, vail Valley Consolidated Water District, stated the Town of vail applied for funding for a bike path from Dowd Junction going East to connect into Vail, for approximately $870,000.00. Ms. Crider stated when the actual costs were figured it was found the brid;1e for the bike path alone would cost almost $800,000.00. She stated the lntent of the Town of Vail was to phase the bike path in several different phases. Commissioner Gates asked from the North side of Eagle River to the South side of Highway 6, will the bike path dead end at the present time. He stated he understands at a later date the bike path will continue on in to Avon. Mr. Weaver stated that was correct and informed the Board the bike path could not be completed without the Commissioners approval. Lou Meskeman, Planning Corrmission, stated the delay which did not create a misplacement of funds but created a loss of funds, was by the District. He stated the redesign of the water main delayed the construction of the bridge. He stated after all the delays he now discovers the bike path is going to cost an additional $450,000.00. Mr. Meskeman stated he has a hard time approving an amendment when all entities have co-operated in the bike path and the District has delayed construction. He asked what guarantee is there that construction will be complete by June 15, 1994. Jim Fritze stated ap~roval is pursuant to the 1041 Permit Criteria, which has nothing to do wlth compensation. Gail Crider stated the contract has been signed with the contractor. Ms. Crider stated the Colorado Department of Transportation has placed a condition on their permit all construction must be final by June 30, 1994. Commissioner Johnson asked if the Division of Wildlife have any concerns. Mr. Fox stated Staff has received no comments from the Division of wildlife. Kathy Heicher, Planning Commission, asked what conservation issues have been enacted to insure the most efficient use of the structure. Mr. Weaver stated a water conservation program was irrplemented in 1990 or 1991. Discussion continued on the proposed amendment. The Board of County Commissioners adjourned to allow the Planning Commission to deliberate on the proposed amendment to the 1041 Permit previously approved for Vail Valley Consolidated Water District. Lou Meskeman moved to approve file number 1041022/93, amendment with Staff recorrmendations and conditions. The right-of-way coming across the biqcle bridge is too restrictive. The Department of wildlife shall be notlfied concerning the crossing of the stream. Jeff Forbes seconded the motion. The vote was declared unanimous. The Board of County Commissioners reconvened. Sid Fox informed the Board the Planning commission made a recommendation for approval for the amendment to the 1041 Permit of Vail Valley Consolidated 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Water District, adopting Staff's recommendations and conditions. conmissioner Johnson moved to table the amendment to the 1041 Permit for Vail Valley Consolidated Water District to March 22, 1994 at 9:00 a.m. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Gates had left the meeting. Consent Calendar Chairman Phillips stated the next item on the agenda was the consent calendar as follows: 01) Bill paying, subject to review by County Manager 02) Intergovernmental Agreement with Town of Red Cliff 03) Bid Acceptance for Magnesium Chloride 04) Service Agreement with HaYnes Trane. Commissioner Johnson moved to approve items 1 - 4 of the consent calendar as presented. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Agreement, Healthy Beginnings Jim Fritze presented a Grant Agreement between Eagle County and Healthy Beginnings in the amount of $2,500.00. He stated the contract has not been submitted and suggested this matter be tabled. conmissioner Johnson moved to table the Grant Agreement between Eagle County and Healthy Beginnings to March 28, 1994. Chairman Phillips seconded the motion. Of the two voting commissioners the vote was declared unanimous. Grant Agreement, Family Visitor Program Jim Fritze ~resented a Grant Agreement between Eagle County and Family Visitor Program ln the amount of $2,500.00. He stated this was a grant recommended by the Human Resources Council and approved by the Board during the budget process. conmissioner Johnson moved to approve a Grant Agreement between Eagle County and Family Visitor Program in the amount of $2,500.00. Chairman Phlllips seconded the motion. Of the two voting commissioners the vote was declared unanimous. Resolution 94-31, Cordillera, Filing #9 Jim Fritze presented Resolution 94-31, acceptance of Letter of Credit as collateral for Filing 9 of Cordillera Subdivision. He stated the Subdivider is requesting a release of a plat restriction and substituting a Letter of Credit in the amount of $1,265,495.67. Commissioner Johnson moved to a~prove and acce~t a Letter of Credit in the amount of $1,265,495.67 for Cordlllera Subdivislon, Filing #9. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Agreement, Derringer Jim Fritze presented an agreement between Eagle County and Derringer for a performance at the 1994 Eagle County Fair and Rodeo on August 6, 1994. Commissioner Johnson moved to approve an agreement between Eagle County and Derringer for a performance at the 1994 Eagle County Fair and Rodeo. Chairman Phillips seconded the motion. Of the two voting commissioners the vote was declared unanimous. 3 Commissioner Johnson moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authorlty. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Shortstop Jim Fritze presented a renewal of a Tavern License with Extended Hours for Stasmore, Inc., dba/ Shortstop. Michael Stascavage, applicant, was present for the hearing. Mr. Fritze stated there was a concern with approximately fourteen (14) disturbances during the past year. Chairman Phillips asked lf the errployees of the Shortstop have been involved in a TIPS program. Mr. Stascavage stated approximately half of the employees have been through a TIPS l?rograms. He stated he has also attended a TIPS program but it has been awhlle. Commissioner Johnson stated after reviewin;1 the Sheriff's reports, he believes the Board should hold the renewal appllcation over for a public hearing. Chairman Phillips stated she believes the Sheriff's Office should be contacted for discussion concerning these disturbances. Commissioner Johnson moved to hold over for public hearing the renewal application for Stasmore, Inc., dba/Shortstop. Chairman Phillips seconded the motion. Of the two voting commissioners the vote was declared unanimous. El Jebowl Jim Fritze presented a renewal of a Tavern License with Extended Hours for EI Jebowl, Inc., dba/EI Jebowl. William Steckbein, owner, was present for the hearing. Mr. Fritze stated all fees have been paid and an inspection was performed by the County Liquor Inspector. Mr. Steckbein stated they have looked for the Federal Tax Stamp to post but cannot find it at this time. He stated they will look further. Mr. Fritze stated the only incident reported by the Sheriff's Office was a DUI where the person stated he had just had two beers at EI Jebowl. commissioner Johnson moved to approve the renewal of a Tavern License with Extended Hours for EI Jebowl, Inc., dba/EI Jebowl. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Terrace Restaurant Jim Fritze presented a renewal of a Hotel and Restaurant license with Extended Hours for Joe D. Cowan, dba/Terrace Restaurant. He stated the County Liquor Inspector made an on-site inspection and found the Federal Tax Starrp was not posted. Mr. Fritze stated there have been no corrplaints or disturbances during the past year. Joe D. Cowan, applicant, was present for the hearing. commissioner Johnson moved to approve a renewal of a Hotel and Restaurant license with Extended Hours for Joe D. Cowan, dba/Terrace Restaurant. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. commissioner Johnson moved to adj ourn as the Local Liquor Licensing Authority and reconvene as the Board of County commissioners. Chalrman Phillips seconded the motion. Of the two voting commissioners the vote was declared unanimous. Eby Creek Mesa Jim Fritze stated the next item on the agenda was a decision on the Eby Creek Mesa Subdivision Appeal. He stated the Board conducted a hearing and a draft letter of opinion has been prepared, denying the appeal by Eby Creek 4 BOARD OF COUNTY COMA1ISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL:S 387869 Mesa. Commissioner Johnson moved to deny the appeal by Eby Creek Mesa Subdivision. The Board shall sign a letter of opinion which shall be mail to all property owners. Chairman Phillips seconded the motion. Of the two voting commissioners the vote was declared unanimous. Commissioner Johnson stated Staff has been directed to work with all owners in EbY Creek Mesa to find possible solutions to the problems. Commissioner Johnson moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authorlty. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Taste of Vail Jim Fritze presented a Special Events Permit for the Taste of Vail. He stated the event will be held on lWril 9, 1994 beginning at 8:00 a.m. He stated all documents appear to be ln order. Debra Ramsey, Taste of Vail, was present for the hearing. She sl??ke to control and the location of the event. Ms. Ramsey stated the event wll1 be held on Vail Mountain, West of Eagle'S Nest and is a ticketed and gated event. Conmissioner Johnson asked about the servers of alcohol. Ms. Ramsey stated professional servers have been hired. commissioner Johnson moved to approve the Special Events Permit for Taste of Vail. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. commissioner Johnson moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Chalrman Phillips seconded the motion. Of the two voting commissioners the vote was declared unanimous. Resolution, Motor Pool Policy Jim Fritze presented a proposed Resolution adopting the Eagle County Motor Pool Poli9Y. He stated the Attorney's Office and outside Council has reviewed the pOlley. Chairman Phillips stated the Eagle County Sheriff has informed her his office was excluded from this policy. Bill Smith, Motor Pool Supervisor, informed the Board the Sheriff's Office has their own Motor Pool Policy. Chris Armstead, Human Resources Director, stated the Attorney's Office drafted the Resolution and did not exclude the Sheriff's Office. Mr. Fritze stated there are special vehicles assigned to different departments, but are all owned by Eagle County. Commissioner Johnson moved to table the proposed Resolution regarding the Motor Pool Policy to March 28, 1994. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Agreement, Valley Resource Management Jim Fritze presented an Intergovernmental Agreement for Vail Valley Resource Management. Commissioner Johnson asked if Garfield County was going to participate in this agreement. Don Fessler, Road and Bridge Supervisor, stated monetarily no, voting no but yes in all other aspects. Jack Lewis, County Manager, asked if entities do not participate monetarily do the programs continue as planned or are they cancelled. Mr. Fessler stated he is t~ing to move forward and do those programs with or without other participatlon. 5 Discussion followed on the proposed agreement. Commissioner Johnson moved to table the Intergovernmental Agreement with Valley Resource Management to March 28, 1994. Chairman Phillips 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 22, 1994. Attest: C ~~ 6