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HomeMy WebLinkAboutMinutes 08/16/11 PUBLIC HEARING August 16, 2011 Present: Jon Stavney Chairman Peter Runyon Commissioner Sara Fisher Commissioner Keith Montag County Manager Bryan Treu County Attorney Kathy Scriver 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: Resolution Designating August 2011 as Child Support Month Kristie Williamson, Health & Human Services This resolution was tabled until August 30, 2011 so staff could attend. Consent Agenda Chairman Stavney stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Weeks of August 15, 2011 (subject to review by the Finance Director) Finance Department Representative B. Approval of Payroll for August 25, 2011(subject to review by the Finance Director) Finance Department Representative C. Approval of the Minutes of the Eagle County Commissioner Meetings for June 14, July 5 and July 6, 2011 Teak Simonton, Clerk and Recorder D. Agreement between Eagle County and Community Concepts Colorado, LLC Relating to the Application for the Wolcott Planned Unit Development Approval Eva Wilson, Engineering E. Resolution 2011 -093 Approving the Amended and Restated Service Plan for Eagle -Vail Metropolitan District County Attorney's Office Representative F. Resolution 2011 -094 regarding Release of Assignment of Certificate of Deposit No. 2291021046 for Road Cut Permit No. 3714 for Bellyache Ridge Metropolitan District County Attorney's Office / Engineering Representative G. Resolution 2011 -095 regarding Release of Assignment of Certificate of Deposit No. 41785 for Road Cut Permit No. 3713 for Lake Creek Metropolitan District County Attorney's Office / Engineering Representative H. First Amendment to Water Main Easement between Eagle County and the Town of Gypsum County Attorney's Office Representative I. Quitclaim Deed between Eagle County and Chase- Paige, LLC 1 08/16/2011 County Attorney's Office Representative J. Eagle County Capital Improvements Project Funding Agreement for El Jebel Road Sidewalks Engineering Representative K. US Department of Transportation Federal Aviation Administration Grant Agreement Part I for Airport Master Plan Study Chris Anderson, Airport L. Resolution 2011 -096 Approval of the Special Use Permit (Clean Energy Collective, LLC) Solar Farm, Eagle County File No. ZS -2756 Scot Hunn, Planning M. Resolution 2011 -097 Approving 8313 Colorado River Road / 3 Island Bridge Road Vacation, Eagle County File No. G -3167 Greg Schroeder, Engineering N. Resolution 2011 -098 Approval of the Schmidt Special Use Permit to Allow Residential Use in the Commercial General Zone District, Eagle County File No. ZS -3055 Bob Narracci, Planning O. Resolution 2011 -099 Approval of an Amendment to the Eagle County Land Use Regulations to Remove the Thirty -Three Percent Cap on Residential Development in the Commercial - General and Commercial - Limited Zone Districts Via Special Use Permit Review, Eagle County File No. LUR -3053 Bob Narracci, Planning P. Corrected Resolution 2011 -100 Vacating the G.R. Webster Rural Home sites Final Plat at Request and with Consent of the Current Owner of Such Plat so as to Return Such Property to its State Immediately Prior to Recording of the Final Plat Bob Narracci, Planning Q. Corrected Resolution 2011 -101 Vacating the E.M. Webster Rural Home Sites Final Plat at Request and with Consent of the Current Owner of Such Plat so as to Return Such Property to its State Immediately Prior to Recording of the Final Plat Bob Narracci, Planning R. Resolution 2011 -102 Approving the Special Use Permit for Rio Grande / Waste Management, Eagle County File No. ZS -3225 Sean Hanagan, Planning Mr. Narracci highlighted items N and O. The applicant had 3 applications, a land use regulation amendment, special use permit, and a finding of no significant impact for a stream setback which the board tabled for further discussion. Chairman Fisher highlighted item J. She was pleased the county was collaborating with the Crawfords to begin work on the sidewalks in El Jebel. The Crawfords would be responsible for the construction and long -term maintenance. She also commented on the item L, the solar farm located on the tree farm property. Commissioner Runyon moved to approve the Consent Agenda, Items A -R. Commissioner Fisher seconded the motion. The vote was declared unanimous. Citizen Input Chairman Stavney opened public input. 2 08/16/2011 Jerry Kokes stated that he had a T- hanger at the Eagle County airport. Last year he requested that his lease be extended. The property value taxation that started in 1990 had been over charged. He had on several occasions, appealed the value and in 2005, it was corrected. However, he had paid thousands of dollars to the county. He read from a letter received from the county in 1992, exempting him from taxation. Chairman Stavney asked Mr. Kokes what he was requesting. Mr. Kokes believed he had overpaid approximately $30,000 and asked that the county extend his lease at the airport for a few years and allow him to recoup his loses. Chairman Stavney explained that the airport terminal corporation and the county were two different legal entities. The taxes were paid to the county for general fund purposes and lease dollars stayed at the airport. Mr. Kokes stated that the initial agreement was through the county as it was before ECAT had been created. Mr. Anderson stated that Mr. Kokes had a land lease with an initial term of 25 years, which would expire in 2015. Commissioner Stavney encouraged Mr. Kokes to discuss his lease extension with airport staff. Mr. Treu stated that he did not want the board to assume that taxes were overpaid. He'believed that currently the Assessors were taxing hanger improvements. Commissioner Runyon explained the division of taxes and explained that Eagle County only Y p p g Y Y received a portion of the taxes paid by Mr. Kokes. Mr. Kokes stated that he spoke to airport staff and his proposal was rejected. Commissioner Runyon encouraged Mr. Kokes to get legal counsel. Mr. Kokes hoped that the problem could be resolved out of court. Chairman Stavney closed public comment. Resolution 2011 -103 Approving Appropriation for the Purchase of Property Located at 5572 Highway 6, Eagle County, Colorado from Howard Allen Beck and Authorizing any of the Eagle County Commissioners to Execute all Documents Necessary to Effectuate the Closing of the Purchase Diane Mauriello, Attorney's Office Ms. Mauriello stated that the resolution would authorize the use of general funds for the purchase of property at 5572 Hwy 6, thus allowing the process to move forward. The funds were included in the last supplemental budget. Staff would pursue the open space funding and reimburse the general fund. Commissioner Fisher believed that purchase of this property complimented the last open space purchase. Chairman Stavney spoke about the value of preserving the view corridor from Dotsero to Gypsum. Commissioner Runyon agreed with Chairman Stavney and believed it was important to maintain the open space between Gypsum and Dotsero. Commissioner Fisher moved to approve the resolution approving appropriation for the purchase of property located at 5572 Hwy 6, Eagle County, Colorado from Howard Allen Beck and authorizing any of the Eagle County Commissioners to execute all documents necessary to effectuate the closing of the purchase. Commissioner Runyon seconded the motion. The vote was declared unanimous. Resolution 2011 -104 Adopting a Fourth Supplementary Budget and Appropriation of Unanticipated Revenues for Fiscal Year 2011, and Authorizing the Transfer of Budgeted Monies between Various Spending Agencies John Lewis, Finance Mr. Lewis presented the request. 3 08/16/2011 Commissioner Runyon spoke about the intersection in El Jebel that CDOT considerations. He asked about the line item for contingencies. Mr. Lewis state that only $100,000 had been used out of the $500,000. EXHIBIT A 8/16/2011 Department Description Amount GENERAL FUND Revenues: Bureau of Land Management grant 20,000.00 1001 - 172 - 4349.99 (20905) Colorado State Forest Service grant 5,279.00 1001- 1725- 4350.99 (20905) Airport Project Management Fee 350,397.00 1001 - 191 - 4417.15 Supplemental Contingency 45,913.00 1001- 149 -6611 Unallocated Fund Balance 3,250,000.00 Total Revenue 3,671,589.00 Expenditures: Planning Forest Health project additional funding 25,279.00 1001- 172 - 4349.99 (20905) Finance Reimbursement of Airline Subsidies 380,000.00 1001- 149 - 9100.42 Attorney Additional BOE wages 15,675.00 Engineering Airport interchange design 635.00 Attorney East Lake Creek land purchase 3,250,000.00 1001 - 121 - 8000.80 Total Expenditures 3,671,589.00 AIRPORT FUND Federal grant contra entitlements 902,500.00 1160 - 450- 4347.20 CDOT State Grant 19,158.00 1160 - 455- 4367.99 (31712) Transfer in from GF for Airline Subsidies 380,000.00 1160 -149- 4910.10 Unallocated Fund Balance increase (351,658.00) Total Revenue 950,000.00 Expenditures: AIP 48 $ 1160 - 455- 8260.99 (31712) 4 08/16/2011 950,000.00 Total Expenditures 950,000.00 PUBLIC HEALTH FUND Unallocated Fund Balance 23,970.00 Total Revenue 23,970.00 Expenditures: Storage unit for required EPR material 23,970.00 1209 - 505 -73 -5110 Total Expenditures 23,970.00 OPEN SPACE FUND Revenues: Unallocated Fund Balance 3,500.00 Total Revenue 3,500.00 Expenditures: Miller Ranch open space 3,500.00 1442- 620 - 6141.98 Total Expenditures 3,500.00 CAPITAL IMPROVEMENT FUND Revenues: Unallocated Fund Balance increase 24,365.00 Total Revenue 24,365.00 Expenditures: ENG Airport Interchange design (635.00) 2150- 305- 8905.99 (31407) ENG SH82 /E1 Jebel Rd Intersection Study 25,000.00 2150- 305- 8150.99 (xxxxx) Total Expenditures 24,365.00 SUMMARY All Funds General Fund $ $ Additional Revenue 1,297,334.00 375,676.00 Previously Funded Purchase $ Contingency Fund 45,913.00 5 08/16/2011 • Unallocated Fund Balance used for $ $ additional appropriations 2,950,177.00 3,250,000.00 Designated Fund balance Restricted Peg Fund Balance Transfers In 380,000.00 $ $ Total Appropriations 4,627,511.00 3,671,589.00 Commissioner Fisher moved to approve the resolution adopting a fourth supplementary budget and appropriation of unanticipated revenues for fiscal year 2011, and authorizing the transfer of budgeted monies between various spending agencies. 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 Air Terminal Corporation. Commissioner Fisher seconded the motion. The vote was declared unanimous. Eagle County Air Terminal Corporation Chris Anderson, Airport 1. Approval of meeting minutes from June 14, 2011 meeting Ms. Fisher moved to approve the minutes of the ECAT June 14, 2011 meeting. Mr. Stavney seconded the motion. The vote was declared unanimous. 2. Consideration of TSA Supplemental Lease Agreement for Reimbursement of Space Improvements. Mr. Anderson stated that there was currently a lease set to expire in November of this year. This would be an amendment to the lease adding some much needed space adjacent to TSA checkpoint. The lease agreement provides the county to conduct improvements on the space for TSA at reimbursement, not to exceed $120,000. Chairman Fisher asked about the access to the proposed area. Mr. Anderson stated that they would access the area from the joint use hallway near the United Airline offices. Commissioner Runyon wondered who revised the lease. Mr. Anderson stated that General Services Administration drafted the lease and then it was reviewed the county attorney's office prior to presentation by the board. Mr. Montag moved to approve the TSA supplemental lease agreement for reimbursement of space improvements. Mr. Runyon seconded the motion. The vote was declared unanimous. 3. Consideration of Change Order No. 2 — Amendment to Agreement for Professional Services between Eagle County Air Terminal Corporation and BNP Associates, Inc. for Design Services and Construction Management related to Eagle County Regional Airport Checked Baggage Inspection System. Mr. Anderson stated that the amendment would add scope items to the consulting agreement for the design of the inline baggage system. It would add the ability to provide the engineering and design services to upgrade the existing electrical where the upgrades would take place. It would also address scheduling changes that had occurred since the start of the project. 75% would be covered under TSA grant funds. Commissioner Runyon asked about the 20% increase in the contract amount. 6 08/16/2011 Mr. Anderson stated that original agreement was $491,000 and included a caveat that there would be an immediate change order with the agreement for sub consultants at $105,000. The original agreement was about $596,000. He found the amount to be fair. Mr. Runyon moved to approve the amendment to the agreement for professional services between ECAT and BNP Associates, Inca for design services and construction management related to the airport checked baggage inspection system. Ms. Fisher seconded the motion. The vote was declared unanimous. 4. New Business Ms. Fisher suggested that there be a timeline to review the Airport Master Plan binder and thata work session be scheduled in the near future. Mr. Anderson stated that there were 3 chapters, the introduction, the existing facility's inventory, and the aviation activity forecast. He suggested that the board consider the air service opportunities. Mr. Montag stated that Javiation presented some information a couple weeks ago and the information was available in the binder. Javiation would also be providing periodic updates. Mr. Anderson stated that the strategic plan provided direction to implement a three -year landscaping plan for with the board about the landscaping, green spaces, parking islands, airport. He encouraged a discussion wit t e boa d , and � g p g,�' p p g signage. Ms. Fisher wondered why the area was dry and sad looking. Mr. Anderson stated that it had not been part of the focus over the last couple of years. Commissioner Runyon moved to adjourn as the Eagle County Air Terminal Corporation and re- convene as the Eagle County Liquor Licensing Authority. Commissioner Fisher seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Rearden Restaurant, LLC d/b /a Blue Moose Pizza #09- 92706 -0000 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. B. Adam's Mountain Country Club, LLC d/b /a Adam's Mountain Country Club #15 -59226 -0000 This is a renewal of an Optional Premises license with 3 -Opt. premises in Unincorporated Eagle County. 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. The Eighth Day, Inc. d/b /a Wolcott Yacht Club #28- 66970 -0000 This is a renewal of a Tavern license in Wolcott. 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. Vilar Center for the Arts Foundation d/b /a Vilar Center for the Arts #18- 18611 -0000 7 08/16/2011 This is a renewal of an Arts 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. Other E. South Central Trading Company d/b /a Market Wine & Spirits #42- 95740 -0000 The applicant has requested a Tasting Permit to allow them to conduct in -store tastings. The permit will be valid until the expiration of the applicants' liquor license. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. F. Doog Properties SB, LLC d/b /a State Bridge #25- 57457 -0000 Resolution 2011 -105 approving the application submitted by Doog Properties SB, LLC for a Tavern Liquor license in Bond. These are the official findings of the board, as mandated by the Colorado Liquor Code. G. South Central Trading Company d/b /a Market Wine and Spirits #42- 95740 -0000 Resolution 2011 -106 approving the application submitted by South Central Trading Company for a Retail Liquor Store license in Beaver Creek. These are the official fmdings of the board, as mandated by the Colorado Liquor Code. H. The Take Out at State Bridge, LLC d/b /a The Take Out at State Bridge #25 -59762 -0000 Resolution 2011 -107 approving the application submitted by The Take Out at State Bridge, LLC for a Retail Liquor Store license in Bond. These are the official findings of the board, as mandated by the Colorado Liquor Code. I. Vilar Center for the Arts Foundation d/b /a Vilar Center for the Arts #18- 18611 -0000 This is a Report of Change / Manager Registration. The applicant wishes to register Gena Buhler as the new manager, replacing Martha Brassel. Ms. Buhler was reported to be of good moral character based on both his Sheriff and CBI report. Commissioner Fisher moved that the Board approve the Liquor Consent Agenda for May 3, 2011 consisting of Items A -I. Commissioner Runyon seconded the motion. The vote was declared unanimous. APPLICANT: WVR Colorado, LLC d/b /a The Terrace REPRESENTATIVE: Michael Lange, General Manager LOCATION: The Charter at Beaver Creek - 120 Offerson Road, Avon REQUEST: Temporary Permit STAFF REPRESENTATIVE: Kathy Scriver CONCERNS / ISSUES: None DESCRIPTION: The applicant has applied for the transfer of a Hotel and Restaurant liquor license from The Resort Company and has requested a Temporary Permit to allow them to operate during the period in which the application to transfer ownership of the license is pending. The applicant has submitted all of the required documents and associated fees for the transfer. All current employees of the restaurant and hotel will remain, including the general manager, Michael Lange. 8 08/16/2011 STAFF FINDINGS: 1. The premises where the alcoholic beverages will be sold have been previously licensed by the state and Local Licensing Authorities, and were valid as of the date of receiving the application. 2. The applicant has applied on forms provided by the Department of Revenue and includes the name and address of the applicant, the names and addresses of the president, vice - president, secretary and managing officer, the applicant's financial interest in the proposed transfer, and the premises for which the Temporary Permit is sought. 3. A statement that all accounts for alcohol beverages sold to the applicant are paid has been filed. 4. The application for the Temporary Permit has been filed no later than thirty (30) days after the filing of the application for the transfer of ownership and the appropriate fees have been paid. DISCUSSION: Ms. Scriver presented the request. Mr. Lange stated that the parent company was purchased by a division of Wyndham Resorts and they formed a new corporation, WVR Colorado which would run the management of the Charter. The Terrace was located within the Charter that did primarily breakfast and catering. He had been the manager since 1997. Chairman Stavney wondered if there would be a name change. Mr. Lange stated that the trade name would not be changed and it was business as usual. Commissioner Runyon moved that the Local Liquor Licensing Authority approve the issuance of a Temporary Permit to WVR Colorado, LLC d/b /a The Terrace which will be valid until such time as the application to transfer ownership of the license is granted or denied or for one hundred twenty (120) days, whichever occurs first; except that, if the application to transfer the license has not been granted or denied within the one- hundred- twenty day period and the transferee demonstrates good cause, the local licensing authority may extend the validity of said permit for an additional period not to exceed sixty (60) days. Commissioner Fisher seconded the motion. The vote was declared unanimous. Commissioner Runyon moved to adjourn as the Eagle County Liquor Licensing Authority and re- convene as the Board of County Commissioners. Commissioner Fisher seconded the motion. The vote was declared unanimous. Work Sessions (recorded) Denman Health Insurance Numbers Lisa Ponder, Human Resources Jim Breitbach, Rusti Pfaffenhauser, Nick Dominguez; Denman Consulting Services, Inc. Policy Governance Keith Montag, County Manager There being no further business before the Board, the mee ' g wa adjourned unf 1 u; st 23, 2011. r Attes rap Clerk to the Boa d * * Cha . \ _ A po 08/16/2011