HomeMy WebLinkAboutMinutes 05/11/10
PUBLIC HEARING
May 11,2010
Present:
Sara Fisher
Peter Runyon
Jon Stavney
Keith Montag
Robert Morris
Christina Hooper
Teak Simonton
Kathy Scriver
Chairman
Commissioner
Commissioner
County Manager
Deputy County Attorney
Assistant County Attorney
Clerk to the Board
Deputy Clerk to the Board
This being a scheduled Public Hearing, the following items were presented to the Board of County
Commissioners for their consideration:
Consent Agenda
Chairman Fisher stated the first item before the Board was the Consent Agenda as follows:
A. Approval of Bill Paying for the Week of May 3, 2010 (subject to review by the Finance Director)
Finance Department Representative
B. Approval of Payroll for May 20,2010 (subject to review by the Finance Director)
Finance Department Representative
c. Approval of the Minutes ofthe Eagle County Commissioners Meeting for April 6 and April 13, 2010
Teak Simonton, Clerk & Recorder
D. Colorado Department of Public Health and Environment Tuberculosis Program Amendment for Task
Orders No. 1
Anne Robinson, Health & Human Services
E. Resolution 2010-049 Conferring Power of Attorney upon Bryan R. Treu, County Attorney, Robert L.
Morris, Deputy County Attorney and Christina C. Hooper, Assistant County Attorney to Act as Attorney in
Fact for the County of Eagle, State of Colorado, with Respect to Letter of Credit No. SLCPPDX03680 in
the amount of$1,751,782.32 for Kummer Development for Frost Creek PUD
Engineering / County Attorney's Office Representatives
F. Encroachment Easement and License Agreement between Eagle County and the Eagle River Watershed
Council for Land Improvements
Environmental Health
G. Resolution Vacating Amended Final Plat for Fox Run Meadows PUD, Lot 22, at the Request and with
Consent of Current Owner of Such Plat so as to Return Such Lot 22 to Its State Immediately Prior to
Recording of Such Amended Final Plat
Engineering / County Attorney's Office Representatives
Chairman Fisher asked the Attorney's Office ifthere were any changes to the Consent Agenda.
Robert Morris, Assistant County Attorney stated that Item G should be pulled because the signed request
with consent had not been from the applicant.
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Commissioner Stavney moved to approve the Consent Agenda, Items A-F.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Citizen Input
Chairman Fisher opened and closed citizen Input, as there was none.
Contract Home Investment Partnerships Program Grant
Jill Klosterman, Housing & Development
Ms. Klosterman stated that the grant was one that the county was awarded in 2009 in connections with the
Riverview apartment's renovation. The grant money, in the amount of$32,000 would be received at closing. This
was one of many different funding sources for the renovation. The county must stay in compliance with the grant
for 30 years, which means the county must maintain affordability for at least 3 units at or below 50% of area
median income. They hope to begin construction by July 1, 2010.
Commissioner Runyon wondered if there were any implications if the other funding sources were not
available.
Ms. Klosterman stated that ifthe grant money were not used by April 30, 2011 it would go back to the
state. So if the other funding sources fell though the county would have to re-apply for the grant.
Commissioner Stavney moved to approve the Contract for the Home Investment Partnership Program
Grant for $432,000 to be used for the acquisition ofRiverveiw Apartments.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Commissioner Runyon moved to adjourn as the Board of County Commissioners and re-convene as the
Eagle County Liquor Licensing Authority.
Commissioner Stavney seconded the motion. The vote was declared unanimous.
Eagle County Liquor License Authority
Kathy Scriver, Clerk and Recorder's Office
Consent Agenda
Renewals
A. Grill at Singletree, LLC d/b/a Balata
#12-56479-0000
This is a renewal of a Hotel and Restaurant license with 12 - Opt. Premises in Edwards (Singletree).
There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An
Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided.
B. Diamond Five, Ltd. d/b/a Coyote Cafe
#04-65986-0000
This is a renewal of a Hotel and Restaurant License in Beaver Creek (plaza). There have been no
complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol
Management Plan is on file in the Clerk's Office and proof of server training has been provided.
C. Beaver Creek Food Service, Inc. d/b/a Saddleridge at Beaver Creek
#04-86494-0000
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This is a renewal of a Hotel and Restaurant License in Beaver Creek. There have been no complaints or
disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on
file in the Clerk's Office and proof of server training has been provided.
D. Gore Range Brewery, LLC d/b/a Gore Range Brew Pub
#09-87564-0000
This is a renewal of a Brew Pub License in Edwards. There have been no complaints or disturbances in
the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's
Office and proof of server training has been provided.
Other
E. Grill at Singletree, LLC d/b/a Balata
#12-56479-0000
This is a Report of Change/Manager's Registration for Balata Restaurant in Edwards. The applicant
wishes to register Alysson Lincoln as the new manager, replacing Matt Jones. The application is complete
and the necessary fees have been paid. Ms. Lincoln was reported to be of good moral character, based
upon both the Sheriff and CBI reports.
F. Vail Food Services, Inc d/b/a Game Creek Club
#13-32488-0000
This is a Report of Change/Manager's Registration for Game Creek Club on Vail Mountain. The
applicant wishes to register Jennifer Mejia as the new manager, replacing Elizabeth Nilsson. The
application is complete and the necessary fees have been paid. Ms. Mejia was reported to be of good moral
character, based upon both the Sheriff and CBI reports.
Commissioner Runyon moved that the Board approve the Liquor Consent Agenda for May 11, 2010
consisting ofItems A-F.
Commissioner Stavney seconded the motion. The vote was declared unanimous.
APPLICANT:
REQUEST:
EVENT:
DATE OF EVENT:
REPRESENTATIVE:
LOCATION:
STAFF REPRESENTATIVE:
Rink Productions, Inc.
Special Events Permit
Summer Solstice Run
June 19, 2010
Jean Dennison, Event Manager
Creekside Park, Beaver Creek Subdivision
Kathy Scriver
DESCRIPTION:
Rink Productions, Inc., a non-profit corporation, has requested a special events permit for the Summer
Solstice Run, which will start and finish in Creekside Park, a Community Park located in the Beaver Creek
Subdivision. This event will be open to the public and benefit the Vail Valley Charitable Fund. The Dusty Boot
will be providing the food service. Beer will be the only alcohol served. Beaver Creek security and staff will
police the physical boundaries and monitor access points.
STAFF FINDINGS:
1. This application is in order, all requirements have been met, all necessary documents have been received,
and all fees have been paid.
2. Public notice has been given by the posting of a sign in a conspicuous place on the premises on April 30,
2010, 10 days prior to the hearing.
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3. No protests have been filed in the Clerk Office.
4. The applicant has provided proof of server training and an alcohol management plan.
5. Staff has had no problems with events hosted by the applicant in the past.
CONCERNS / ISSUES: None
DISCUSSION:
Ms. Scriver presented the request.
Mike Kloser with Beaver Creek Resort Company stated that the Vail Recreation District ran the event.
The Commissioners thanked Mr. Kloser for his work in the community.
Commissioner Stavney moved that the Local Liquor Licensing Authority approve the Special Events
Permit for the Rink Productions, Inc event being held in Creekside Park, Beaver Creek Subdivision on June 19,
2010, from 4:00 p.m. to 9:00 p.m.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Commissioner Stavney moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene
as the Board of County Commissioners.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Resolution 2010-050 Concerning Assessor Generated Petitions for Abatements and
Refunds of Taxes
Assessor's Office Representative Christina Hooper
Petitioner
Schedule No.
Big Quail Real Estate Holdings, LLC c/o Roitstein US Bank National Assoc
Eagle River Land Co Inc.
Craig Folson
Malia Cox & Leonard J. Nobrega
R05l911
R042611
ROl5165
R059l66
Christina Hooper spoke about the items concerning petitions for abatements and refunds of taxes. She
stated that there were two ways the board received petitions, the Assessor generated the petitions based on an error,
or a petitioner submitted a petition. The first item was a resolution concerning the Assessor generated petitions
which if the board agreed with the Assessor's recommendations then the board could adopt the resolution and
affectively provide for the abetments subject to the state tax administrators review.
Commissioner Stavney moved to approve resolution 2010-050 concerning assessor generated petitions for
abatement and refunds of taxes before the Board of Eagle County Commissioners.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Resolution 2010-051 Concerning the Abatement Settlement Recommendations
Assessor's Office Representative
Ms. Hooper stated that related to this item, the Assessor's Office had come to an agreement with the
petitioner about what the appropriate value for the property should be.
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Petitioner
50l Bachelor Gulch LLC
502 Bachelor Gulch LLC
Robert Shaw, Academy Woods Ltd.
Robert Shaw, Academy Woods Ltd.
James & Patricia Aronstein Trust
Big Quail Real Estate Holdings, LLC
Lowetex Leasing LLC, Micheal & Terry Lowe
M&B Red Sky Prop. No. 37 LLC
Francis McLarney
Frank Medina
Raymond Oglethorpe
Raymond Oglethorpe
Randy Robason, Freedom Family LP
Alex Palmer
Pester Rev Trust Agreement
AJ Robbins
Paul H. Jr. and Catherine L. Slaugh
Weststar Bank (U.S. Bank)
Schedule No.
R053795
R053796
R030206
R030205
R010173
R051911
R057480
R057479
R052l26
R043549
R045610
R045611
R053902
ROl1592
R049838
R049270
R014715
R044532
Commissioner Stavney moved to approve resolution 2010-051 concerning abatement settlement
recommendations of the Eagle County Assessors Office as presented.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Resolution 2010-052 Concerning Hearings on Taxpayer Generated Petitions for
Abatements and Refunds of Taxes
Assessor's Office Representative Christina Hooper
Christina Hooper stated that regarding this item, the board appointed an independent hearing officer to hear
the petitions where the petitioner had decided to go forward with hearing. The hearing officers made
recommendations for the board to review. This resolution would affectively approve the abatements and refunds of
taxes.
Petitioner
Sue Berman
John Boles
Charles Campisi
Neal Cohen
Colorado Family Ventures
Creek Properties, LLC
Bob Dorf
David & Pamela Dove
Thomas & Kimberly Downs
Jim Ellsworth
John R. & Helmke R. Fields
John R. & Helmke R. Fields
Norman Glassberg
Jean Graham
Highline Vail Realty Partners LLC
Robert Kaminski
John & Serena Liew
Walter Loewenstern
Schedule No.
R043064
R014579
R028861
R049672
R048535
R046444
R048569
ROll 733
R041506
R044022
R050746
R050747
R052124
R016275
R060812
R0440 18
R053812
ROll67l
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Luhoff Enterprises
Susan Noble
Ronald & Anna Pavlik
R. Shaw Preserve of Middlefork Farm
R. Shaw Preserve of Middlefork Farm
Marcia & Scott Ryles
R. Shaw, Academy Woods Ltd.
Vincent Sheehy
William Slowikowski
David Yarian
R049654
R053043
ROl1598
R049663
R049664
RO 11602
R040934
RO 11606
R005931
R011576
Commissioner Stavney moved to approve resolution 2010-053 concerning hearings on taxpayer-generated
petitions for abatements and refunds of taxes before the Eagle County Board of Commissioners as presented.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Chairman Fisher opened and closed public comment on the previous files, as there was none.
Planning Files
ZS-2356 Wvlaco Supply Company
Adam Palmer, Planning
NOTE:
File withdrawn by applicant
ACTION:
The purpose of this Special Use Permit is for a metal rebar fabrication and contractor supply yard
on the 21-acre resource-zoned property. If approved, the special use permit would amend the
existing special use on the property for timber milling, supply, and storage.
LOCATION: 005490 Highway 6, Gypsum Area
Mr. Palmer confirmed that the applicant had withdrawn the application. The applicant found a property in
Gypsum and would be vacating the property within an allowable amount of time.
Chairman Fisher expressed concern with the property cleanup. She suggested that a letter be sent to the
property owner requesting that any additional damage and/or existing concerns with river set backs be identified.
Commissioner Stavney believed that at the end of the day this semi industrial use would end up in an area
already zoned for this type of use.
Other
Mr. Palmer spoke briefly about the PACE (property assessed clean energy) loan program. The program,
allows for energy efficient improvements on properties. The payments would be tied to the property as special
assessments. He read a letter received from Fannie Mae. The letter stated that Fannie Mae/Freddie Mac uniform
security instruments prohibited loans that had senior lien status to a mortgage. He believed that the issue was
definition.
Commissioner Runyon believed there needed to be some clarification as to whose definition was correct.
Mr. Palmer stated that the loan would follow the life of the property. This would protect the lender and
eliminate the upfront risk.
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Commissioner Stavney spoke about the risk factors. He believed it was the county's responsibly to air on
the side of caution. He did not want the county to encourage people to be a part of a program that might put them
at risk.
Alex Potente explained that the critical component of these programs was the savings to investment ratio.
If the saving to investment ration were greater and generated surplus cash then it would effectively lower
everyone's risk.
Commissioner Runyon believed there were a lot of variables. The question was how specific the county
needed to be and would this cost the county more to administrate.
Mr. Potente stated that incomes to debt ratios were important to lenders and the intent was to have a full
energy audit upfront.
Mr. Palmer stated that an audit would identify the potential measures and expected cost savings.
Commissioner Stavney asked Mr. Palmer what staffs recommendations were for the interim.
Mr. Palmer stated that applications could still be received but the county would not be finalizing any loan
documents until this issue was clearly resolved. If after a couple of weeks this issue was not resolved, the county
could issue a press release stating that the county would postpone the program until there was clarity on the issue.
Chairman Fisher stated that this program was an individual's determination and there would be no other
recourse or accountable entity. As much as she hoped, the program would move forward she wanted the county to
be cautious and conservative.
Att
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