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HomeMy WebLinkAboutMinutes 12/19/94 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING DECEMBER 19, 1994 Present: Johnnette Phillips George "Bud" Gates James Johnson, Jr. James R. Fritze Sara J. Fisher Chairman Commissioner Corrmissioner 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: ABATEMENTS Allen Black, Eagle County Assessor, presented a petition for abatement, schedule number 008380, Karin Hillhouse, Newman Halvorson, Sigrid Freese. He stated the petitioner agrees with Staff for a partial abatement in the amount of $3,004.60. commissioner Johnson moved to approve a partial abatement in the amount of $3,004.60, schedule number 008380. Commissioner Gates seconded the motion. The vote was declared unanimous. Allen Black presented a petition for abatement, schedule numbers R032764, 030397 and R032763, George Jouflas. He stated this matter was tabled in September to allow presentation of a lease. He infonned the Board the lease has been submitted. George Jouflas, petitioner, stated the lease was a three year lease by Randy Campbell. Allen Black stated his original recommendation was for denial. Commissioner Johnson stated he would like to see the lease and questioned the term of the lease. Discussion continued on the petition for abatement. Commissioner Gates moved to table the petition for abatement for George Jouflas, schedule numbers R032764, R030397 and R032763. Commissioner Johnson seconded the motion. The vote was declared unanimous. Allen Black presented a petition for abatement for All Seasons Condominium Association, schedule numbers R007670, R007640, R007630 and R007111. Fred Otto, representing the applicant, stated the petitioner believes the four parcels should be considered common elements. He stated a deed has been filed to clear up this matter in the future. Mr. Black stated these parcels are shown as condominiums but labeled as office and laundry. Two of these parcels are the managers unit, one is the laundry and the fourth is the parking lot and is not addressed in any of the property declarations. Mr. Otto stated the condominium declarations were completed in 1965 and the lot not acquired until 1973 from Vail Associates. Corrmissioner Johnson moved to table schedule numbers R007670, R007640, R007630 and R007111. Commissioner Gates seconded the motion. The vote was declared unanimous. Allen Black presented schedule number 007067, Vail Associates. He recorrmended approval of an abatement in the amount of $7,590.42. 1 commissioner Johnson moved to approve an abatement in the amount of $7,590.42, schedule number 007067, Vail Associates. Commissioner Gates seconded the motion. The vote was declared unanimous. Allen Black presented a petition for abatement for William Cox, schedule number 011124. He stated the petitioner is requesting an abatement in the amount of $355.24. The Assessor's Office recommended denial. commissioner Gates moved to deny the petition for abatement for William Cox, schedule number 011124, as recorrmended by the Assessor. Commissioner Johnson seconded the motion. The vote was declared unanimous. Allen Black presented a petition for abatement for Douglas Sterkel, schedule number 008355. He stated sales in the area justify the tax rate. The Assessor's Office recommended denial. commissioner Gates moved to deny schedule number 008355 as recorrmended by the Assessor's Office. commissioner Johnson seconded the motion. The vote was declared unanimous. Allen Black presented a petition for abatement for Dawn H. Stone Mullin, schedule number R019719. The Assessor's Office recommended a partial abatement in the amount of $328.94. commissioner Johnson moved to approve a partial abatement in the amount of $328.94, schedule number R019719. commissioner Gates seconded the motion. The vote was declared unanimous. Consent Calendar Chairman Phillips stated the next item on the agenda was the consent calendar as follows: 01) Bill paying, subject to review by County Manager 02) Payroll for 12-19-94 and 01-05-95, subject to review by County Manager 03) Section 8 Voucher Contract between Eagle County and Colorado Division of Housing 04) Resolution establishing re$"Ular public meet in$" days for the Board of County commissioners and establlshing days and offlce hours for County Offices to transact business, fiscal year 1995 05) County Veterans Service Officers Monthly Report. Chairman Philllps questioned the setting of office hours. Commissioner Gates moved to approve the consent calendar as presented. commissioner Johnson seconded the motion. The vote was declared unanimous. Joint Funding Agreement Ray Merry, Environmental Health Officer, presented a Joint Funding Agreement between Eagle County and the u. S. Geological Survey for October 1, 1994 through September 30, 1995, in the amount of $3,880.00, for operation and maintenance of the Gaging Station on the Eagle River near Minturn. He stated Environmental Health does carry the monies in the budget and is reimbursed by Paramont Communications. Commissloner Johnson moved to approve thee Joint Funding Agreement with the u.S. Geological Survey as presented. Chairman Phillips seconded the motion. Of the two voting commissioners the vote was declared unanimous. commissioner Gates was out of the room at this time. Lease, Town of Minturn Jim Fritze, County Attorney, presented a Business Lease Agreement between Eagle County and the Town of Minturn for space at 302 pine Street for the Public Nurses Office. He stated the County will be resJ?Onsible for taking care of the leased area and pay for thelr own utilitles. He stated 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 the lease is at no cost to the County. He recommended the lease be approved. commissioner Johnson moved to approve the Business Lease between Eagle County and Town of Minturn. Chairman Phillips seconded the motion. Of the two voting Corrmissioners the vote was declared unanimous. corrmissioner Gates abstained as he was not present for the presentation. Resolution 94-206 John Althoff, Engineering Technician, presented Resolution 94-206, release of collateral and commencement of warranty period for Old Orchard Plaza II. He stated an inspection was made and everYthing was in order. Jim Fritze stated the Attorney's Office has received a new Letter of Credit which expires on December 31, 1995. Commissioner Johnson moved to approve Resolution 94-206, release of collateral and commencement of warranty period for Old Orchard Plaza II. Corrmissioner Gates seconded the motion. The vote was declared unanimous. Resolution 94-207 John Althoff presented Resolution 94-207, acceptance of Lake Creek Village Drive. Jim Fritze stated this matter was heard previously but no Resolution was prepared. Commissioner Gates moved to approve Resolution 94-207, acceptance of Lake Creek Village Drive. Commissioner Johnson seconded the motion. The vote was declared unanimous. Cordillera, Filing 11 John Althoff stated the next collateral for Cordillera, Filing Jim Fritze stated substitute requested this matter be tabled. Corrmissioner Johnson moved to table the Cordillera, Filing 11. Commissioner Gates seconded the motion. unanimous. item on the agenda was substitution of 11. collateral has not been received and he substitution of collateral for The vote was declared Resolution 94-208 Jim Fritze presented Resolution 94-208, concerning appointment to the Usage Committee for the Golden Eagle Senior Center. Commissioner Gates moved to approve Resolution 94-208, concerning appointment to the Usage Committee for the Golden Eagle Senior Center. Corrmissioner Johnson seconded the motion. The vote was declared unanimous. Agreement, Securus, Inc. Paul Gregg, Buildings and Grounds Supervisor, presented an addendum to the agreement between Eagle County and Securus, Inc. for equipment purchase and installation. He stated this agreement is to install a new card reader at the main entrance. , commissioner Gates asked if there would be any credit from the old card reader. Mr. Gre$"g answered no. Discusslon followed on the agreement. Commissioner Johnson moved to approve the addendum to the agreement between Eagle County and Securus, Inc. 3 Commissioner Gates seconded the motion. The vote was declared unanimous. Colorado Department of Transportation Dan ReYnolds, Airport Mana$"er, presented a Certificate for Colorado Department of Transportation, Dl vision of Aeronautics. He stated the County needs to sign the Certificate in order to receive a State Grant, pertaining to limitations and ramifications of Amendment One. commissioner Gates moved to aPI?rove the Certificate for the Colorado Department of Transportation, Divislon of Aeronautics. commissioner Johnson seconded the motion. The vote was declared unanimous. COPS Fast Grant Jim Fritze I?resented the COPS Fast Grant. He stated this grant is for one officer and lS exempt from Amendment One restrictions as it is a Federal Grant. Kim Andree, Eagle County Sheriff's Office, stated this grant was set aside as a budgetary request. She stated this was the second application. Commissioner Johnson moved to approve the COPS Fast Grant. Commissioner Gates seconded the motion. The vote was declared unanimous. Resolution 94-209 Jim Fritze presented Resolution 94-209, authorizing the Town of Avon to develop, maintain and operate $"round mass transportation within Eagle County. He stated this grant of authorlty will expire October 1, 1995. Commissioner Gates moved to approve Resolution 94-209, authorizing the Town of Avon to develop, maintain and operate a ground mass transportation system within Eagle County. Said authorization shall expire on October 1, 1995. Commissioner Johnson seconded the motion. The vote was declared unanimous. Town of Vail Jim Fritze stated the proposed Resolutions for the Town of vail to develop, maintain and operate a ground mass transportation system need to be tabled to December 20, 1994. commissioner Johnson moved to table the Resolutions for the ground mass transportation system for Town of Vail, to December 20, 1994. Commissioner Gates seconded the motion. The vote was declared unanimous. Collins SUbdivision Jim Fritze presented a plat for the Collins Subdivision, property which was sold to the Town of Gypsum. He requested the Chairman be authorized to sign the I?lat. COmrnlssioner Gates moved to authorize the Chairman to sign the plat for Collins Subdivision. Commissioner Johnson seconded the motion. The vote was declared unanimous. Resolution 94-210 Dan ReYnolds, Airport Manager, presented Resolution 94-210, adopting the form and terms for an on and off airport car rental agency license and use agreements, and authorizing the Airport Manager to enter lnto such agreements on behalf of Eagle County. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEt:S 387869 Resolution94-211 Phil Scott, Engineering Technician, presented Resolution 94-211, acceptance of roads for maintenance for Eby Creek Mesa, Phase I. He informed the Board the body of the Resolution refers to winter maintenance only as there are outstanding issues needing cOIl1!?letion. He related some of the construction cannot take place until Sprlng. Jim Fritze stated normally the Board would not consider acceptance until all items are complete but due to snow fall the developer has requested winter maintenance only at this time. Les Finkelstein, applicant, stated he understands there are Engineering concerns which are currently being resolved. Don Fessler, Road & Brldge Supervisor, stated he is willing to perform winter maintenance on the roads in Eby Creek Mesa, Phase I. Commissioner Johnson moved to approve Resolution 94-211, acceptance of roads in Eby Creek Mesa, Phase I, for winter maintenance. Commissioner Gates seconded the motion. The vote was declared unanimous. Commissioner Gates moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensin$" Authority. commissioner Johnson seconded the motlon. The vote was declared unanimous. Marko's Pizzeria Earlene Roach, County Liquor Inspector, presented a renewal application for a Beer and Wine License for Marko's Pizzeria of Edwards, Inc., dba/Marko'S. She stated all fees have been paid and there have been no complaints or disturbances during the past year. Kathy Goulet Esteppe, applicant, stated they have taken the TIPS course and business is good. Commissioner Gates moved to approve the renewal of a Beer and Wine License for Marko's Pizzeria of Edwards, Inc., dba/Marko'S. Commissioner Johnson seconded the motion. The vote was declared unanimous. Broken Arrow Cafe Earlene Roach presented a renewal application and manager's registration for Beaver Creek Food Services, Inc., dbajBroken Arrow Cafe. She stated the new manager requested is Robern Russ. Ms. Roach stated this is a hotel and restaurant license with extended hours and optional premises. She related Mr. Russ received a DUI in July of 1994. Commissioner Johnson questioned the Alpine Club on the optional premises being a private club. Mr. Russ stated there are snow shoeing tours on a bi-weekly basis. Bob Loeffler, Ass't. County Attorney, questioned the tours being under the sponsorship of Beaver Creek Associates. Ms. Roach stated all hotel and restaurant licenses must be open to the public. Commissioner Johnson stated there is a sign on the mountain which states the Alpine Club is a private club. Mr. Russ answered yes there is a sign indicating Alpine Club is private. Mr. Loeffler stated the Alpine Club cannot be included on the licensed premises if it is a private club. Discussion continued on the liquor license for Broken Arrow Cafe. Corrmissioner Johnson moved to approve the renewal of a hotel and restaurant license for Beaver Creek Food Services, Inc., dba/Broken Arrow Cafe. This approval does not include the optional premise boundaries. Commissioner Gates seconded the motion. Cha~~ Phillips asked how the Board could approve only a portion of the appllcatlon for renewal. Mr. Loeffler stated the Board can approve the hotel and restaurant 5 license and deny the optional premise portion if they so choose. He stated the applicant can also be asked if they wish the license to stand as is. Ms. Underwood stated the applicant will withdraw the application at this time to further review the optional I?remise boundary. commissioner Johnson withdrew hlS motion. commissioner Gates withdrew his second. commissioner Johnson questioned the DUI issued to Mr. Russ. Mr. Russ stated this was his first offense so sentencing was deferred for two years. Commissioner Johnson questioned if Mr. Russ was familiar with the Colorado Liquor Laws. Mr. Russ answered yes. Discussion continued on the licensed premise includin$" the deck. Commissioner Gates moved to approve the manager's reglstration for Robern Russ. Commissioner Johnson seconded the motion. The vote was declared unanimous. Two Elk Restaurant Earlene Roach presented a modification of premises for Vail Food Services, Inc., dbajTwo Elk Restaurant. She stated the modification was to include an optional premise area with a mobile restaurant known as the Dog Haus. Staff's major concern was this mobile restaurant has been moved off a licensed I?remise in the past and cannot be moved again. Ms. Roach explained this appllcation is before the Board today but related the applicant has been serving alcohol for twenty-one days. Paul Golden, Food & Beverage Operations, explained how the mix-up came about and alcohol was served. He stated a junior supervisor thought the license had previously been obtained and allowed the service of alcohol. Tamara Underwood related reasons for moving the mobile restaurant to the Two Elk site. She stated there is more control as this site is closer to Two Elk Restaurant. Ms. Roach questioned which establishment had control of the Dog Haus prior to it's removal and if a modification had been filed for that establishment. Discussion continued on the modification of premises. Commissioner Gates moved to table this application for further review. Commissioner Johnson seconded the motion. The vote was declared unanimous. Food & Deli Earlene Roach presented a renewal of a 3.2% Beer License for CUstomer Company, Inc., dba/Food and Deli. She stated there have been no complaints or disturbances during the past year and all fees have been paid. Staff recommends aI?proval. Commissloner Johnson moved to approve the renewal of a 3.2% Beer License for CUstomer Company, Inc., dba/Food and Deli. commissioner Gates seconded the motion. The vote was declared unanimous. Legends Restaurant Earlene Roach presented a renewal of a Hotel and Restaurant License with Extended Hours for Robert Y. Prigmore, dba/Legends Restaurant. She stated all fees have been paid and there were no complaints or disturbances during the past year. Staff recorrmended approval. COrrmlssioner Gates moved to approve the renewal of a Hotel and Restaurant License with Extended Hours for Robert Y. Prigmore, dba/Legends Restaurant. commissioner Johnson seconded the motion. The vote was declared unanimous. 6 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Fiesta's New Mexican Deli Earlene Roach presented a renewal of a Hotel and Restaurant License with Extended Hours for Marquez Restaurants, Inc., dba/Fiesta's New Mexican Deli. She stated the Sheriff's Office reports no complaints or disturbances during the past year. All fees were paid and all documentation is in order. Staff recorrmended approval. Chairman Phillips asked the applicant if the employees have attended a TIPS Course. Debbie Marquez, applicant, stated all employees have attended a TIPS Course. commissioner Johnson moved to approve the renewal of a Hotel and Restaurant License with Extended Hours for Marquez Restaurants, Inc., dba/Fiesta'S New Mexican Deli. Conmissioner Gates seconded the motion. The vote was declared unanimous. Fitzsimnons Motor Company Earlene Roach presented a renewal of a 3.2% Beer License for Fitzsimmons Motor Company. She stated all documentation is in order and all fees have been paid. The Sheriff's Office reports no complaints or disturbances during the past year. Ms. Roach reported the current lease is due to expire in thirty days. The applicant must submit a new lease at that time. Commlssioner Gates moved to approve the renewal of a 3.2% Beer License for Fitzsimmons Motor Company. Commissioner Johnson seconded the motion. The vote was declared unanimous. Village Market Earlene Roach presented a new application for a 3.2% Beer License for Buxman Enterprises, Inc., dba/Village Market. She stated the first order of business was to establish the boundaries and needs of the neighborhood. Commissioner Johnson moved to establish the neighborhood as the Edwards Community. commissioner Gates seconded the motion. The vote was declared unanimous. John Buxman, applicant, submitted a petition with signatures of those approving of 3.2% Beer being sold in the Village Market, as evidence of need. The Board reviewed a map of the premises, Commissioner Gates moved to approve the petition submitted as evidence as need. commissioner Johnson seconded the motion. Discussion followed on signatures submitted being from other areas. Chairman Phillips called for the question on the motion. Commissioners Gates and Phillips voting aye, Commissioner Johnson voting no. Discussion continued on the application. Commissioner Gates moved to approve the application for a 3.2% Beer License for Buxman Enterprises, Inc., dba/Village Market. Commissioner Johnson seconded the motion. commissioners Gates and Phillips voting aye and Commissioner Johnson voting no. Grouse MOuntain Grill Earlene Roach stated the next requested this matter be tabled to Commissioner Johnson moved to 9, 1995 at 2:45 p.m. Commissioner Gates seconded the motion. unanimous. item is Grouse Mountain Grill. She January 9, 1995. table Grouse Mountain Grill until January The vote was declared Commissioner Gates moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. 7 Commissioner Johnson seconded the motion. The vote was declared unanimous. Application, Consent to Assign Bob Loeffler presented an Application for Consent to Assign Aviation Related Car Rental Business Agreement and Lease to Cooley Mesa Leasing, LLC. He questioned leasing to car rental agencies as well as the FBO doing the same. Brad Ghent, applicant, discussed his concerns and plans for this application. Jeff Ross, representing the FBO, stated it is the objective to provide better facilities at the Eagle County Airport. Dan ReYnolds, Airport Manager, stated this matter was brought to the County's attention but not at a 70% investment level. He expressed concerned with majority ownership of a business by another business at the Airport, is not in the best interest of the users or the taxpayers, on a long term basis. He stated competition and service is most important to the user. Mr. ReYnolds infonned the Board the Hertz Agency has written a letter indicating they also would like to build a similar building and related they are a SU- lease of the FBO. He stated he believes the intentions are good but the philosophy does not agree. Discussion followed on the proposal at the Eagle County AirPOrt. Commissioner Johnson expressed concern with the proposal. Mr. Loeffler asked if the applicant explored a formal financing arrangement. Mr. Ross stated he is an equity investor not a bank. Mr. ReYnolds stated when this ldea was formulated it was the applicants desire to create a facility that would be rental and service. Mr. Loeffler stated the standards are being drafted. He stated the concept of cross control has not been discussed. Ted White, Attorney for Cooley Mesa Leasing, stated there was no discussion of the 5%' fees in the lease with Mr. Ghent and informed the Board his contract was assignable. Mr. Loeffler stated the lessor has the ability to guestion who the contract is to be assigned to. He questioned if flnanClal records have been submitted and who were the directors/shareholders of the FBO. He stated there are three issues: 01) cross ownership and the principal of the situation 02) if Eagle County is to accept the assignment, the identity and where with all must be made part of the record and all agreements understood. 03) the draft of the assignment would restrict any future transfers in excess of S%' without the County's consent. Commissioner Johnson moved the Board not agree to the assignment and assumption of concessions in the interest in leased property and consent thereto. commissioner Gates seconded the motion. In discussion, Chairman Phillips stated she feels at this time there is not a need for this criteria and there are not alot of businesses being bought by the owners of the FBO. She stated she believes this decision by the Board is interfering with free enterprise. Commissioner Johnson stated when the constitution was drafted there was not a need for all ten, but those were included to protect individuals from what could happen. Chairman Phillips called for the question on the motion. commissioners Johnson and Gates voting yes and Chairman Phillips voting no. There being no further business to be brought before the Board the meeting was adjourned until December 20, 1994. Attest: 8