HomeMy WebLinkAboutMinutes 12/16/03
PUBLIC HEARING
DECEMBER 16, 2003
Present:
Michael Gallagher
Tom Stone
Jack Ingstad
Diane Mauriello
Teak Simonton
Chairman
Commissioner
County Administrator
County Attorney
Clerk to the Board
Absent:
Am Menconi
Commissioner
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 before the Board was an Executive Session.
Commissioner Stone moved the Board of County Commissioners adjourn into Executive
Session for the purpose of receiving legal advice on specific legal questions regarding the Open Space
Committee and Bair Ranch which are appropriate topics for discussion pursuant to C.R.S. 24-6-
402(4)(b).
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous. Commissioner Menconi was not present at this hearing as he was on vacation.
Commissioner Stone moved that the Board of County Commissioners adjourn from Executive
Session and reconvene into the regular meeting.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
Consent Agenda
Chairman Gallagher stated the next matter before the Board was the Consent Agenda as follows:
A. Approval of bill paying for the week of December 15, 2003, subject to review by
County Administrator
B. Approval of Payroll for the week of December 18,2003 subject to review by the
County Administrator
C. Approval of the minutes of the Board of County Commissioners meeting for
December 9,2003
D. Agreement between Eagle County and Blue Lake Preschool, Inc.
E. Agreement between the Colorado Department of Public Health & Environment and
Eagle County
F. Palin Equipment Agreement for Maintenance and Repair Services for the Joint
Maintenance Service Center Carwash at 3289 Cooley Mesa Road, Gypsum, Colorado
G. Resolution 2003-159 Commendation and Recognition of Public Service for Bob
Schultz
H. Participation Agreement for the Colorado County Officials And Employee Retirement
Plan
I. Resolution 2003-160, Evidencing Appropriation of Rights to Store Water for
Irrigation, Municipal, Industrial, Augmentation and Exchange Uses
J. Resolution 2003-161, Concerning Appointments to the Eagle County Fair Board
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December 16, 2003
K. Agreement Regarding Provision of Professional Services Eagle County Fair & Rodeo
- 2004
L. Agreement between Eagle County and Collett Enterprises, Inc., for equipment lease
M. Agreement concerning District Attorney Employees in Specified Retirement Plans
N. Resolution 2003-162, Establishing Public Meeting Days for the Eagle Board of
County Commissioners for Fiscal Year 2004 and Establishing Days and Office Hours for County
Offices to Transact County Business for Fiscal Year 2004 and Designating Legal Holidays for Fiscal
Year 2004
O. First Amended Agreement for the Operation of the Eagle County Regional Airport
Control Tower Between Eagle County, Colorado and Midwest Air Traffic Control Service, Inc..
P. Resolution 2003-163, Conferring Power of Attorney upon Diane H. Mauriello,
County Attorney, Walter Mathews, IV, Deputy County Attorney, Bryan R. Treu, Assistant County
Attorney and Debbie Faber, Assistant County Attorney, to act as Attorney in fact for the County of
Eagle, State of Colorado, with respect to Letter of Credit No. 101102.1.101103 in the amount of
$292,762.55 for the account ofRemenov & Company drawn on Colorado Business Bank and expiring
on December 31, 2003
Q. Lease Amendment with Hillcara, LLC for the continued lease of the property
described as 882 Chambers Road, Eagle, Colorado
R. Sales Agreement with Eagle Computer Systems
S. 2004 Payroll Schedule
T. First Amendment to the Advertising Display Concession Agreement between Eagle
County Air Terminal Corporation and TIGA Advertising, Inc.
Chairman Gallagher asked the Attorney's Office if there were any changes to the Consent
Agenda.
Diane Mauriello, County Attorney, stated there are no modifications or revisions to the Consent
Agenda.
Commissioner Stone questioned item G, Commendation and Recognition of Bob Schultz, being
on the Consent Agenda.
Keith Montag, Director of Community Development, stated Mr. Schultz could not be in
attendance therefore this Resolution was placed on the Consent Agenda.
Commissioner Stone read the resolution for the record as follows:
Whereas, the Board of County Commissioners of the County of Eagle, State of Colorado
(hereinafter the "Board"), on behalf of the citizens of Eagle County, county officials and employees, wish
to express to Mr. Bob Schultz, their acknowledgment and appreciation for a job well done; and
Whereas, Mr. Schultz has served both the Roaring Fork Valley Regional Planning Commission and
the citizens of Eagle County in the finest tradition of public service; and
Whereas, Mr. Schultz has shown exceptional allegiance, diplomacy and commitment to Eagle
County and its citizens.
Now, therefore, be it resolved by the Board of County Commissioners ofthe County of Eagle,
State of Colorado:
That, Bob Schultz is hereby commended for his six years of loyal public service and for his
contributions to the citizens of Eagle County and to the Roaring Fork Valley Regional Planning
Commission.
That, best wishes are extended to him for good health, prosperity and happiness in the years to
come.
Be it further resolved, that this Resolution be preserved within the public records of the official
proceedings of this Board, and that the original hereof shall be presented to Mr. Bob Schultz in
acknowledgment and gratitude for his six years of outstanding service.
Moved, read and adopted by the Board of County Commissioners of the County of Eagle, State 0
Colorado, at its regular meeting held the 16th day of December, 2003.
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December 16, 2003
Commissioner Stone moved to approve the Consent Agenda as presented.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
Resolution 2003-164, Radio Maintenance Agreement
Jack Ingstad, County Administrator, presented a Radio Maintenance Agreement for a County-
wide 800 MHz system. He requested the Board authorize the Chairman to sign the agreement.
Chairman Gallagher stated the County's current contract is with Motorola and expires at the end
of this month.
Commissioner Stone asked if they are looking to continue with a similar agreement.
Chairman Gallagher stated they are not looking at dramatic changes but are looking for ways to
maintain the level of service of corporate support and hopefully saving some dollars.
Mr. Ingstad stated there may be some additional costs that could be passed onto the County to
provide that level of service. There has been some dissatisfaction from the user group on the amount of
hours available on service calls and service of the radios. There is also concerns with over charging by
some of the providers. There are quite a few different options that the Chairman and the user group
have come up with. They hope to have all those issues on the table and come back with something like
they had last year but taking into consideration the concerns of the user group to have 40 hours per week
and to provide service to the radio system. The agreement does maintain the wishes of the Board. The
County is going to support the 800MHZ system. He stated the County will continue to subsidize to a
certain amount to keep the users on the system.
Commissioner Stone stated with that explanation he has no concerns with the agreement.
Commissioner Stone moved to authorize the Chairman to execute a Radio Maintenance
Agreement for a County-wide 800 MHz system not to exceed appropriated dollars.
In discussion, Mr. Ingstad asked that the words appropriate dollars be removed from the motion.
He stated it may exceed appropriated dollars. He would like the words that the agreement will be
brought back before the Board for ratification. If the Board decided not to ratify the contract, this
agreement would end.
Commissioner Stone withdrew his motion.
Commissioner Stone moved to authorize the Chairman to execute a Radio Monitoring &
Maintenance Agreement for a County-wide 800 MHz system, with a final ratification to be brought
before the Board at a later date.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
Plat & Resolution Signing
Cliff Simonton, Planner, presented the following plats and resolutions for the Board's
consideration:
Resolution 2003-165, In The Matter of Amending The Eagle County Land Use Regulations
To Incorporate Language Pertaining To Updating The Eagle County Building Resolution. (Eagle
County File No. LUR-0046). The Board considered the Applicant's request on December 9th, 2003
Commissioner Stone moved to approve the Resolution 2003-165, in the matter of Amending the
Eagle County Land Use Regulations to incorporate language pertaining to updating the Eagle County
Building Resolution, file number LUR-0046.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
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December 16, 2003
2004 Office Supply Bid
Jamaica Stump, Finance Department, presented the 2004 Office Supply Bid. She stated after
running the Request for Bid in the paper for three weeks, they sent out bid packages to seven vendors
who either requested a package or sent in a bid last year. Out of those seven packages they received
four proposals as follows:
Paperwise out of Glenwood Springs
Corporate Express out of Denver
Scullys out of Avon
Corporate Express Imaging out of Denver
Staff recommended they use three vendors with the lowest bids, this again will mean splitting the
bid. They will use Corporate Express for general office supplies, Paperwise for copy paper and
continuous feed paper and Corporate Express Imaging for toners, cartridges, diskettes, tapes and CD's.
By using the three recommended vendors the County will see an average savings of 45.69% on general
office supplies and 30.49% on toners, ink cartridges and recordable supplies. Paperwise is able to
supply all paper products on pallets within two business days to all office locations.
Commissioner Stone moved to approve the 2004 Office Supply Bid as presented.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
Certification of Mill Levies
Julie Snyder-Eaton, Finance Department, presented the Certification of Mill Levies. She stated
the document before the Board represents the certification of mill levies for all taxing districts, seven
towns and three school districts, one junior college and Eagle County Government. Per State Statute,
the County is required to complete this Certification of Levies and Revenue form, which complies and
summarizes all certifications received and return it to several Colorado State Departments and Divisions
by December 22,2003.
Commissioner Stone moved to approve the Certification of Mill Levies as presented.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
PDA-00048 Cordillera 11th PUD Amendment
Bob Narracci, Senior Planner, stated the next matter was file PDA-00048, Cordillera 11 th PUD
Amendment. He stated the applicant has withdrawn this file.
The Board acknowledged the withdrawal.
SE-00035 Temple Property Exemption
Cliff Simonton, Planner, presented file number SE-00035, Temple Property Exemption. He
stated this action will create a legal lot for the purpose of constructing a single family home. He stated
the purpose of this application is to verify the suitability for development of a 3.869 acre parcel of land
located south of Interstate 70, west of the Union Pacific Railroad right-of-way and east of the Colorado
River in the rural community of Dotsero. The parcel is non-conforming in the Resource Zone District,
which requires a minimum lot size of 35 acres, and is intended to support a single family residence. The
lot in its present configuration was created by the acquisition of land on its east side by the Denver and
Salt Lake Western Railroad Company (now known as the Union Pacific Railroad) in 1932 and the
acquisition of land on its northern side by the Colorado Department of Transportation in 1978. These
real estate transfers effectively isolated the property from its parent parcel.
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December 16, 2003
Access is from Cotton Lane, a dirt road accessed from Highway 6 just east of the green bridge
that crosses the Colorado River at Dotsero. From Cotton Lane, a driveway parallels the railroad tracks
to the south as they pass beneath the east and west bound lanes ofInterstate 70 to the subject property.
Water would be by private well, sewage disposal would be by Individual Sewage Disposal System.
The chronology ofthe application is as shown on staff report and as follows:
No land use application predates this file. A building permit for a storage barn was issued on
this property in the fall of2001.
Referral responses are as shown on staff report and as follows:
Eagle County Engineering (November 21st, 2003)
No Comments at this time meet applicable drainage re~uirements.
Eagle County Environmental health (November 25t , 2003)
Measures to control erosion and sediment transport both during and after construction will be
required as a part of any application for a Building Permit.
The plat should include a note that indicates that the water supply to this property is a surface
water diversion that may require treatment prior to drinking.
The site will need to be evaluated for the appropriate placement ofISDS systems given its
restricted nature and its proximity to the Colorado River. The plat should indicate both a primary and an
alternate site for absorption beds for the system.
Gypsum Fire Protection District November 25th, 2003
The property access is listed as a 12' easement along the railroad. The Uniform fire code
specifies that access roads should be 20' with an unobstructed vertical height of 13.6'.
The right-of-way agreement with the railroad specifies a locking gate will be required, and that it
will be kept locked when the easement is not in use. This may compromise emergency response.
The Uniform Fire Code specifies a water supply/fire flow requirement of 1000 gallons per
minute for a single family home smaller than 3600 square feet, and the application of Appendix III-A
(additional water required) for buildings in excess of 3600 square feet.
Colorado Geological Survey (letter of 12/05/03)
There is sufficient room on the property to build a structure outside the floodplain and floodway
of the Colorado River.
There are no indications of active bank erosion or channel migration in the area. Historic aerial
photos could be used to study the response of the river in this area during high water events (spring
runoff).
If moisture sensitive soils are found within three feet of footing foundations, they should be pre-
wetted and thoroughly compacted as a part of earthwork preparation.
Grading around structures should provide positive slopes to prevent the ponding of water.
Basement construction is not recommended given the potential for ground water seepage.
Perk tests should be performed in the coarse grained alluvial material at the 7 foot depth, as well
as at the three foot depth. The ISDS should be designed with consideration of the sensitive environment
this close to the river.
Holy Cross Energy (letter of 11121/03)
Holy Cross has adequate power to supply the site.
Colorado Department of Transportation (fax of 11/17/03)
No direct access to US Highway 6 will be allowed
Union Pacific Railroad (phone conversation 12/02/03 w/ Susan Grabler, UPR)
The license agreement for access is valid
The license agreement for access is non-transferable. A new agreement would be required ifthe
property were to change ownership.
Other referral agencies, not responding: Eagle County Attorney, Eagle County Sheriff, Eagle
County School District, Qwest/PTI, Public Service Company.
CONCERNS AND ISSUES:
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December 16, 2003
Conformance with applicable provisions of the Uniform Fire Code related to the construction of
a single family home, as discussed in the memo from the Gypsum Fire district dated November 25,
2003, will be addressed at application for a Building Permit.
Pursuant to Section 5-270 Subdivision ExemDtion ofthe Eagle County Land Use Regulations,
findings are as follows:
STANDARD: Section 5-270.A1.a, Pre-existinl! Lots - Were created and established in the
records of the Clerk and Recorder prior to August 22, 1984 notwithstanding compliance with Eagle
County Land Use Regulations in existence at the time of the creation of the parcels.
The lot in question was created by the conveyance of land by a previous owner to the Denver and
Salt Lake Western Railroad Company (now known as the Union Pacific Railroad), creating the eastern
property line (1932), and to the Colorado Department of Transportation creating the northern property
line (1978). The Colorado River forms the property line to the west and south. The lot in its present
configuration was created after April 6, 1964 and prior to August 22, 1984.
[+] FINDING: The lot in question WAS created prior to August 22, 1984, notwithstanding compliance
with Eagle County Land Use Regulations in existence at the time of its creation.
STANDARD: Section 5-270.B1.a, Survey - A certified survey of the parcel which meets the
minimum requirements of a Land Survey Plat pursuant to 38-51-106 C.R.S. Additionally, all record and
apparent rights of way, easements shall be indicated on the Plat. Monumentation shall be shown
pursuant to 38-51-108 C.R.S.
[+] FINDING: A certified survey ofthe parcel, meeting the above criteria, HAS been submitted.
STANDARD: Section 5-270.B1.b, Access - Demonstration that the proposed exemption has
legal and physical access to a public street or right-of-way by a conventional vehicle.
The Applicant has submitted a copy of the private way license that allows him to use a portion of
the Railroad ROW to travel under the Interstate and access this property. In their referral response of
11/25/03, the Gypsum Fire Protection District voiced concern that the access agreement specified a 12'
width, far short ofthe 20' width required by the Uniform Fire Code for an access road. The applicant
has since submitted information indicating that the available physical width for a car or truck traveling
though the underpass is 19 feet, with a vertical clearance of 14.5 feet (letter from Fox and Company
dated 12/05/03).
While the uniform fire code lists a 20' width standard for access "roads", the approach to this
property from Cotton Lane under the Interstate 70 bridges is a driveway to the lot. Eagle County Land
Use Regulations do not specify a minimum width for residential driveways, although 10 to 12 feet
would seem common in residential development.
The Fire Department also expressed concern that the access license issued by the Railroad
required the Applicant to construct a gate at the start of his driveway that would be kept locked when
the access was not being used. The Applicant has represented that he will supply the fire department
with the access key/code for the gate to his property feet (letter from Fox and Company dated 12/05/03).
[+] FINDING: Access by a conventional vehicle HAS been demonstrated.
STANDARD: Section 5-270.B1.c, Water SUDDlv - Demonstration that the land proposed for
exemption has a legal, physical, adequate, and dependable potable water supply.
The Applicant has submitted a copy of a well permit issued by the Colorado Division of Water
Resources, permit # 238023 for his property. Laboratory tests indicate that the water should be treated,
and the Applicant plans to install a sediment pre-filter and ultraviolet (UV) system to assure a
dependable water supply (letter from Fox and Company dated 12/05/03)
While this standard does not specifically address adequate amounts of water for fire fighting, the
Gypsum Fire Department has listed this as a concern. As represented by the Applicant, the close
proximity of his property to the Colorado River would allow for direct pumping from the river in the
event of an emergency. Also, Eagle County maps indicate a wildfire rating for the property oflow.
[+] FINDING: The land proposed for exemption HAS a legal, physical, adequate, and
dependable water supply.
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December 16, 2003
STANDARD: Section 5-270.Bl.d, Wastewater Disposal- Demonstration that the land
proposed for exemption has a wastewater disposal system, or other lawful means of disposing human
wastes that complies with all public health laws.
Percolation tests have been performed by Eagle County Environmental Health, and an ISDS
Permit, # 2244-02, can be issued pending the approval of this file.
[+] FINDING: The land proposed for exemption CAN accommodate a wastewater disposal
system, or other means of disposing human wastes that complies with all public health laws.
STANDARD: Section 5-270.B1.e, Hazards - Satisfactory evidence demonstrating that the
exemption will not create hazards and the lot will contain a safe adequate building site.
Wildfire Hazard Rating Maps indicate that this area has a low rating.
Soil testing has been done by Church and Associates, Inc. (08/07/00) indicating that soils are
suitable for structures. In their referral response of 12/05/03, the Colorado Geological Survey indicated
that there is room outside the floodplain of the Colorado River on the site for a single family home, and
stated that no active bank erosion or channel migration had been observed in the area. Positive drainage
around structures was recommended, as was detailed percolation testing for ISDS, given the close
proximity to the river.
Sensitivity to the location of an ISDS on the site was also listed as a concern in the referral
response from Eagle County Environmental Health (11/25/03). Both a primary and an alternative leach
field site should be indicated on the site plan submitted for a Building Permit.
Engineered foundations will be required as a part the application for a building permit.
Percolation tests were conducted by Eagle County Environmental Health in October of 2002 (copy
submitted with application).
[+] FINDING: Satisfactory evidence that the exemption will not create hazards and that the site
contains a safe adequate building site HAS been demonstrated.
Chairman Gallagher asked if the applicant is seeking subdivision exemption.
Mr. Narracci stated that was correct.
Chairman Gallagher asked why they would be subject to subdivision.
Mr. Narracci stated they are able to go through subdivision exemption as the property was
created prior to 1984.
Commissioner Stone asked if this was approved today, they are only approving a single family
home and nothing else.
Mr. Narracci stated that was correct.
Sid Fox, representing the applicant, was present for the hearing.
Chairman Gallagher asked for public comment. There was none. He closed public comment.
Commissioner Stone moved the Board approve File Number SE-00035, Temple Property
Exemption, incorporating the Staff findings and conditions.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
Bair Ranch - Applicant referral to Eagle County Open Space Advisory Committee
Bryan Treu, Assistant County Attorney, stated the next matter before the Board was Bair Ranch.
He stated the purpose of to day's hearing is to determine if the Board wants the applicant, Bair Ranch, to
be referred to the Eagle County Open Space Advisory Committee for consideration of funding. In 2002,
the voters of Eagle County passed an open space tax, the collections to start in 2004. In July ofthis
year, the Board agreed to conditionally contribute $2 million dollars to the Bair Ranch Conservation
Easement. This contribution come from the general fund. At the time there was a necessity to have this
matter closed in October of this year. There have been unforeseeable circumstances and the contract
between the two brothers has fallen through. The County now has an Open Space Committee formed
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December 16, 2003
for the applicant to go through. He stated if the Board agrees to send the applicant to the Open Space
Committee a motion will be needed.
Chairman Gallagher stated this session today is at his request. He believes this is appropriate
because they were told they were up against a deadline and he believed the Bair Ranch acquisition was a
good thing for Eagle County. He stated the transfer of land did not occur. They have since formed the
Open Space Committee. He related he is not withdrawing his support ofthe project only re-directing the
applicants to the Open Space Advisory Committee. Based on the recommendation from the Open Space
Committee, the Board will consider acquisition ofthat property.
Commissioner Stone stated he wanted to emphasize that Board action today withdraws the $2
million dollar commitment and there will be no purchase until the Open Space Committee brings the
matter back before the Board. They are directing that if interested parties are wanting to receive monies
from the Open Space Tax they must now go before the Committee.
Chairman Gallagher stated he agrees. He still believes the Bair Ranch Conservation Easement is
a good thing for Eagle County.
Chairman Gallagher called for public comment. There was none. He closed Public Comment.
Commissioner Stone stated because the agreement has changed he does not believe the interested
parties could meet the conditions that were approved by the Board.
Commissioner Stone moved the Board of County Commissioners withdraw the conditional
approval and contribution of $2 million dollars from general fund dollars for the Bair Ranch
Conservation Easement and further direct the applicant to seek funding from the open space tax dollars
in accordance with the applicable procedures as set forth in the ballot question and resolution. The
Board will consider a contribution of open space tax dollars to this project upon receipt of a
recommendation from the Open Space Citizens Advisory Board.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
Resolution 2003-166, Sixth Supplementary Budget
Mike Roeper, Director of Finance, presented Resolution 2003-166, adopting a Sixth
Supplementary Budget and appropriation of anticipated revenues for fiscal year 2003, and authorizing
the transfer of budgeted and appropriated moneys between various spending agencies. He stated part of
this is to provide for the additional sales tax revenues for the Roaring Fork Valley, a few transportation
costs for additional fuel, repairs and working area modification.
Commissioner Stone moved to approve Resolution 2003-166, adopting a Sixth Supplementary
Budget and appropriation of anticipated revenues for fiscal year 2003, and authorizing the transfer of
budgeted and appropriated moneys between various spending agencies.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
2004 Payroll Schedule
Diane Mauriello stated item S on the Consent Agenda, the 2004 Payroll Schedule, there was an
error on a Bi-weekly Payroll date. She asked the Board make a motion to amend the date to reflect the
pay date of 11-10-04 rather than 11-14-04.
Commissioner Stone moved to amend the Bi-weekly payroll date of 11-10-04 to 11-14-04, item
S on the Consent Agenda.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote wastdeclared unanimous.
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December 16, 2003
Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as
the Local Liquor Licensing Authority.
Chairman Gallagher 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) Gashouse, Inc.
Gashouse Restaurant
This is a renewal of a hotel & restaurant license. This establishment is located
along Highway 6 in Edwards. There have been no complaints or disturbances
during the past year.
B) Vail Food Services, Inc.
Two Elk Restaurant
This is a renewal of a hotel & restaurant license. This establishment is located on
Vail Mountain. There have been no complaints or disturbances during the past
year.
C} Vail Food Services, Inc.
Game Creek Club
This is a renewal of a hotel & restaurant license. This establishment is located on
Vail Mountain. There have been no complaints or disturbances during the past
year.
D) Boulder Beaver LLC
Dusty Boot Saloon
This is a renewal of a hotel & restaurant license. This establishment is located in
the ST. James Building in Beaver Creek along Offerson Road. There have been
no complaints or disturbances during the past year.
E) Boulder Beaver LLC
Rendezvous Bar & Grill
This is a renewal of a hotel & restaurant license. This establishment is located at
the base of Beaver Creek Mountain at 15 W. Thomas Place. There have been no
complaints or disturbances during the past year.
F) Ritz-Carlton Hotel Co LLL
Ritz-Carlton Development Company Inc.
Ritz-Carlton Club Bachelor Gulch
This is a renewal of a hotel & restaurant license. This establishment is located at
100 Bachelor Ridge Trail in Bachelor Gulch. There have been no complaints or
disturbances during the past year.
G) IDR West LLC
Cranberry Isles Seafood Company
This is a renewal of a hotel & restaurant license. This establishment is located in
the Inn at Riverwalk along Main Street. There have been no complaints or
disturbances during the past year.
H) Edwards Station LLC
Edwards Station
This is a renewal of a 3.2% off premise beer license. This establishment is
located along Edwards Spur Road. There have been no complaints or
disturbances during the past year.
I) Marko's Pizzeria of Edwards, Inc.
Marko's Pizzeria
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December 16, 2003
This is a renewal of a hotel & restaurant license. This establishment is located
along Edwards Access Road in Edwards. There have been no complaints or
disturbances during the past year.
Commissioner Stone moved to approve the Liquor License Consent Agenda for December 16,
2003, as presented.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
Mulligan's at Eagle Vail
Earlene Roach presented a transfer of ownership of a hotel & restaurant license with optional
premises for Eagle-Vail Metropolitan District, d/b/a Mulligans at Eagle-Vail. Also included in this
application is a managers registration for Mark Kizzire. She reminded the Board that this applicant held
a liquor license for this establishment in the past and there were no problems. Staffhas no concerns
with this application. This application is in order and all fees have been paid. All applicants are
reported to be of good moral character.
Chairman Gallagher asked who the current owner of the license was.
Ms. Roach stated it was Boulair, Inc. who is in the process of quitting business.
Chairman Gallagher asked how long it has been since the applicant has held this license.
Walter Allen, applicant, stated it has been two years.
Chairman Gallagher asked if the manager was present.
Kim Ahmad, applicant, stated Mr. Kizzire could not be present today. She related he will be
manager only until the restaurant re-opens in April. They will then hire and register a new manager.
Ms. Roach stated the applicant needs a registered manager in the interium.
Commissioner Stone moved the Board approve a transfer of ownership of a hotel & restaurant
license with optional premises for Eagle-Vail Metropolitan District, d/b/a Mulligan's at Eagle-Vail.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
Commissioner Stone moved the Board approve a manager's registration for Mark Kizzire,
Eagle-Vail Metropolitan District, d/b/a Mulligan's at Eagle-Vail.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
Show Cause Hearings
Stop & Save
Village Market
Bryan Treu stated the next item is to authorize the Chairman to sign show cause notices for
Feather Petroleum Company, d/b/a Stop & Save #18 and Buxman Enterprises, Inc., d/b/a Village
Market. He stated the background is an alleged violation of the Colorado Liquor Code in which these
establishments failed an under age compliance check by selling alcohol to a 20 year old cooperating
individual working with the Eagle County Sheriff s Office.
Chairman Gallagher stated the Sheriff s Office sent a warning letter before the "sting" operation
took place.
Commissioner Stone moved that the Eagle County Liquor License Authority authorize the
Chairman to sign an order to shown cause and notice of hearing in the matter of Feather Petroleum
Company d/b/a Stop and Save #18 and Buxman Enterprises, Inc., d/b/a Village Market, for alleged
violations of the Colorado Liquor Code occurring on December 4,2003.
Chairman Gallagher seconded the motion. Ofthe two voting Commissioners the vote was
declared unanimous.
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December 16, 2003
Gashouse Restaurant
Earlene Roach presented a managers registration for Andrew Powell Guy. She stated Mr. Guy is
currently the manager for the Gashouse, has worked for Vail Resorts, Cordillera and Beaver Creek Fine
Wines. Mr. Guy is reported to be of good moral character. Staffhas no concerns with this application.
Chairman Gallagher asked if the manger was present.
Ms. Roach stated he was to be here but apparently could not make it. She suggested the Board
table this matter.
Commissioner Stone moved the Board table the manager's registration for Andrew Powell Guy,
Gashouse, Inc., d/b/a Gashouse Restaurant.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
Commissioner Stone moved to adjourn as the Local Liquor Licensing Authority and reconvene
as the Board of County Commissioners.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
Resolution 2003-167, Modification of Miller Ranch Housing Guidelines
Diane Mauriello presented Resolution 2003-167, modification of Miller Ranch Housing
Guidelines. She stated notice of this hearing was sent to property owners and published in the Vail
Daily. She stated as currently drafted the guidelines do not allow for homeowners to receive credit for
certain improvements. Those items are carpet, cabinets, flooring, etc. She stated permitted capital
improvements are items that are not subject to appreciation. The items that are subject to appreciation
are those that are completed by the owner who keeps receipts that could be tacked on to determine
maximum sale price in the future. She referred to the revisions that appear on Exhibit A as follows:
1. The term "Permitted Capital Improvement" as used in the Agreement shall onlv include the
followine:
a. Improvements or fixtures erected, installed or attached as permanent, functional, non-
decorative improvements to real property;
b. Improvements for energy and water conservation;
c. Improvements for health and safety protection devices;
d. Improvements to add and/or finish permanent/fixed storage space; and/or
e. Improvements to finish unfinished space;
f. The cost of adding decks and balconies, and any extension thereto;
g. Except where the Homeowners' Association maintains building exteriors (from basic dues and
not special assessments), the following major maintenance items may be included as "Permitted Capital
Improvements" with an appropriate reduction for the life of the improvements:
i. Exterior painting, to be amortized over three (3) years. (i.e. In the first year the full cost
of painting could be added as a permitted capital improvement; in the second year two-thirds of the cost
could be added, in the third year one-third could be added and after three years none of the cost could be
added. )
ii. Roof to be amortized over 10 years.
iii. Exterior windows to be amortized over 10 years.
h. Upgrades offered by the developer as part of the original construction of the unit and approved
by County as Permitted Capital Improvements. The County will maintain a list of approved upgrades
and this list may be obtained from the Eagle County Housing Division;
i. Improvements required to repair, replace and maintain existing fixtures, appliances,
plumbing, and mechanical fixtures, interior painting, carpeting, flooring and similar items;
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December 16, 2003
j. Permanent landscaping and fencing; and
k. Jacuzzi, saunas, steam showers and other similar items.
2. Permitted Capital Improvements as used in this Agreement shall NOT include the following:
a. Upgrades or addition of removable decorative items, removable window coverings and other
similar items.
3. STRUCTURAL UPGRADES BY DEVELOPER. The following structural upgrades offered
by the developer as part of the original construction and sale shall be included in the purchase price for
purposes of calculating maximum resale price and not as permitted capital improvements:
a. Basements;
b. Garage;
c. Carport;
d. Optional bath;
e. Optional bedroom wall;
f. Electrical for ceiling fan; and
g. Space Saver Microwave.
4. STRUCTURAL UPGRADES BY OWNER. The following structural upgrades which may be
installed by an Owner after closing may be included in the purchase price for purposes of calculating the
maximum resale price and not as permitted capital improvements (Note: finishes to such structural items
shall be deemed to be permitted capital improvements pursuant to paragraph 1 ofthis Exhibit A):
a. Garage;
b. Carport;
c. Optional bath;
d. Optional bedroom wall;
e. Electrical for ceiling fan; and
f. Space Saver Microwave.
In order for the items set forth in this Paragraph 4 to qualify for inclusion in the purchase price,
the Owner must furnish to County the following information:
i. Original or duplicate receipts to verify actual costs expended by Owner;
ii. Owner's affidavit verifying that the receipts are valid and correct as of the time of
purchase;
iii. True and correct copies of any building permit or certificate of occupancy required to
be issued by the Eagle County Building Division. Work performed without the issuance of a required
building permit shall not be considered for inclusion in the purchase price. The allowance of such
structural items in this paragraph 4 of Exhibit A should not be deemed approval of associated work by
County. Any work must be conducted in compliance with Miller Ranch Association Documents and all
applicable State, County and local regulations;
iv. Only Owner's actual out of pocket costs and expenses shall be eligible for inclusion.
Such amount shall not include an amount attributable to Owner's labor.
5. All Permitted Capital Improvement items and costs as well as structural upgrades shall be
approved by County staff.
a. As more fully set forth in Paragraph III B of the Guidelines and the Deed Restriction
Agreement for the Occupancy and Resale of Miller Ranch, the value of Permitted Capital Improvements
shall not exceed ten percent (10%) of the purchase price for each ten years of ownership and do not
increase the purchase price and thus are not subject to appreciation.
b. The value of structural upgrades as identified in paragraphs 3 and 4 of this Exhibit A may be
included in the purchase price and may appreciate as set forth in the Deed Restriction Agreement for the
Occupancy and Resale of Miller Ranch.
6. In the event there are any questions as to whether an item will qualify as a Permitted Capital
Improvement or as a structural upgrade contact the Eagle County Housing Division.
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December 16, 2003
Ms. Mauriello stated there is a list of upgrades that are being offered by the developer that would
be considered capital improvements as follows:
a. electric washer
b. electric dryer
c. stackable washer and dryer
d. cabinet upgrades
e. carpet upgrades
f. hard surface flooring upgrades
g. counter top upgrades.
She stated the owners were not allowed to get credit for certain items. Under the current
guidelines, those cosmetic guidelines were not allowed. If the resolution is approved those items would
be allowed for credit. A through G remain unchanged. She stated they have included permanent
landscaping and fencing. Sub paragraph K, Jacuzzis, saunas and hot tubs have also been included.
Decorative items and removable drapes will not be included. Paragraph 5 is to clarify permitted capital
improvements as compared to other items. The value of capital improvements will not exceed 10% over
19 years and is not increasing the purchase price.
Paragraph 3, the developer is offering certain structural upgrades, and they can be subject to
appreciation.
Paragraph 4, is items the owner may choose to do after closing on their own. They include a
basement that could be done after construction but would be extremely difficult. So that owners are
aware the County will require basic information for adding those items, like submitting receipts,
complying with the applicable law and building permits.
Ms. Mauriello stated there are a number of units that have already closed at Miller Ranch and
those owners have already signed a Memorandum of Acceptance acknowledging that the unit is subject
to the guidelines and restrictions. If this resolution is passed, she recommends a letter be sent to the
owners indicating what these changes mean. For those who have not closed they can clarify the
guidelines at the time of closing.
Chairman Gallagher asked for public comment.
Mark Renna, area resident, stated he will close on his house on December 18,2003. He stated he
has been in construction his whole life. He wanted to build his garage himself and he is confused on
how that will factor in. He stated he is also a tile contractor and would like to put in a steam shower.
Ms. Mauriello asked ifhe is purchasing the home without a garage and will then build one later.
Mr. Renna stated that was correct.
Ms. Mauriello stated he must bring the receipts to the County and they will be reviewed. She
stated those will then accumulate and when he wants to sell his home those monies will go into the mix
and will appreciate 3% to 6%. She stated the cost ofthe owners labor is not permitted. Moving forward
with these improvements and structural upgrades is a balance of creating affordability while allowing
folks to maintain and have a great home.
Chairman Gallagher stated the cost of the materials and not the labor would be permitted.
Commissioner Stone stated everything appreciates but there is no appreciation on sweat equity.
Mr. Renna stated a house with a garage is around $300,000. He questioned ifhis property
should start at the same price once his garage is completed.
Chairman Gallagher stated it will start and appreciate at the actual cost level.
Commissioner Stone stated there are so many what ifs there is no way to account for them all.
What it will cost to construct a garage today is not what it will cost 10 years from now. He stated what
Mr. Grenna is asking is why not give him the same equity as ifhe would have bought the house with a
garage.
Mr. Renna stated if you did the garage 10 years from now that house would be worth more.
Commissioner Stone stated the problem is to come up with rules and regulations that fit the most
people.
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December 16, 2003
Chairman Gallagher stated between the Attorneys Office and the Housing Office they are willing
to sit down with each individual owner to work these things out.
Commissioner Stone stated they have struggled with these. They did put a majority ofthe
conditions into this document rather than the deed restriction. He stated they are using County taxpayer
dollars to subsidize this project. They have a responsibility to do things that benefit the County as a
whole. He is trying to get as many people as they can to get their foot in the door. This will be a great
place to live. One of the things they over reacted to is there is always a way for someone to get around
the rules and regulations. He stated they will never achieve the perfect level but rather the fair level.
Mr. Renna asked if they are going on a case by case basis for assessing the homes.
Chairman Gallagher stated he is offering staffs time to help each individual to arrive at a
purchase price and the 10% cap.
Commissioner Stone stated everyone will be better served if they know in advance all the rules
and regulations. He stated they need to continue to look at the regulations. He stated they pushed to
have this meeting today because they felt it was affecting a lot of people. He stated the Board is trying
to be fair.
Mr. Renna stated he may have to go back to R. A. Nelson and have them build the garage also.
Mr. Ingstad stated if the owner decides to build or upgrade a garage, they are entitled to give the
County the receipts for the actual expenses incurred to build that garage, that amount will be tacked on
to the purchase price and they will start getting a 3% to 6% appreciation every year. He stated when the
owner goes to sell the home he will have less invested in the home than his neighbor because he did not
spend as much on the initial purchase.
Chairman Gallagher stated appreciation will begin at date of closing.
Jamie Meirowsky, property owner, thanked the Board for considering the changes. She asked if
she decided to not have the developer do the upgrades and put those in themselves, would that be
considered an upgrade by owner.
Chairman Gallagher stated they have two categories of improvements, structural, which is part of
the purchase price and appreciates, the other is capital improvements which do not appreciate but are
part of the 10% cap, which you get credit for at the time of resale.
Ms. Mauriello stated Exhibit A, Paragraph 1, sets forth all of those items that would be
considered capital improvements. She stated ifthey are planning a particular project, feel free to give
the Attorney's Office a call and they can let them know if that is covered or not. She stated there are
two main points of contact, the Attorneys Office and the Housing Department.
Rob Pierangeli, property owner, asked if it is a structured approval process.
Ms. Mauriello stated in Exhibit A there is a requirement that the original receipts be submitted
and they will have to sign a document that the receipts are a true and accurate representation of what
was spent on the improvements.
Mr. Pierangeli thanked the Board for the re-consideration of these improvements. He asked
about the 10% over ten years. If someone purchased the property next year they would they also be able
to use the 10%.
Ms. Mauriello stated that was correct.
Commissioner Stone stated it is per owner and not per unit. That is one of those examples of
getting around the rules and regulations.
Mr. Pierangeli stated he found the wording in the deed restriction document to be somewhat
confusing and he is not sure that is being addressed. '
Doug Runckel, current owner, stated he has a lot ofthe same concerns. He stated the documents
that were available were very confusing. He stated there were opportunities to break the sales contract.
He stated he asked questions of ASW Realty and has yet to receive written responses. He stated he
appreciates the upgrades. The house was assessed on the upgrades that were in the house at the time of
closing.
Commissioner Stone asked if the Board approves the changes, will that resolve the problem.
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December 16, 2003
Mr. Runckel stated it could for some, but the condominiums and townhomes do not require
outside maintenance so they will be at a different level.
Commissioner Stone stated they did recalculate everyone's property and Mr. Runckel's new
Memorandum total will be $291,710 which means the ten percent if$29,171.00. The permitted capital
improvement costs are $9,805.00.
Mr. Runckel stated the landscaping is now permitted and things now seem fair.
Jamie Pappas, property owner, echoed another thank you for the changes. He asked if a space
saver microwave would count towards the purchase price and appreciate with the home, however a
ceramic counter top would count towards the purchase price of the home but would not appreciate.
Ms. Mauriello stated that was correct.
Commissioner Stone stated the microwave is also an appliance. He stated they have a perfectly
workable counter space in place and he sees a distinction between the two.
Mr. Pappas stated then they should take the counter top tiles with them.
Commissioner Stone stated the Board does not appreciate the comment of taking the counter
tiles. He would like to hear from the owners if they find there are some problems. He stated he has a
problem with a minimum household size. He stated they originally had a minimum ofthree and that
could be a problem in the future.
Chairman Gallagher asked staff to look at the closing documents concerning base price versus
purchase price.
Commissioner Stone moved to approve Resolution 2003-167, approving a modification of the
Miller Ranch Housing Guidelines.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
Commissioner Stone moved to approve the List of Upgrades Offered by the Developer as
permitted capital improvements.
Chairman Gallagher seconded the motion. Of the two voting Commissioners
Commissioner Stone moved to adjourn as the Board of County Commissioner and reconvene as
the Eagle County Air Terminal Corporation.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
Eagle County Air Terminal Corporation
Vice-President Stone brought up item T of the Board of County Commissioners Consent
Agenda.which was the First Amendment to the Advertising Display Concession Agreement between
Eagle County Air Terminal Corporation and TIGA Advertising, Inc. He stated that was erroneously
placed on that agenda.
Ms. Mauriello asked for a motion to allow the Vice President to sign said agreement.
Board Member Gallagher moved to approve and authorize the Vice Chairman to sign the
Advertising Display Concession Agreement between Eagle County Air Terminal Corporation and TIGA
Advertising, Inc. once that Agreement is signed by Tiga Advertising.
Board Member Roeper seconded the motion. The vote was declared unanimous.
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December 16, 2003
Board Member Gallagher moved to adjourn as the Eagle County Air Terminal Corporation and
reconvene as the Board of County Commissioners.
Vice President Stone seconded the motion. The vote was declared unanimous.
There being no further business to be brought before the Board the meeting was adjourned until
January 6, 2003.
Attest:
Clerk to the Bo
~~
Chairman
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December 16, 2003
