HomeMy WebLinkAboutMinutes 12/16/96
BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
PUBLIC HEARING
DECEMBER 16, 1996
Present:
George "Bud" Gates
Johnnette Phillips
James Johnson, Jr.
Jim Hartmann
Sara J. Fisher
Chairman
Commissioner
Commissioner
County Administrator
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 Calendar
Chairman Gates stated the first item on the agenda was the consent calendar as follows:
A) Approval of bill paying for the weeks of December 16 & 23, 1996, subject to review by County
Administrator
B) Approval of payroll for December 19, 1996, subject to review by County Administrator
C) Approve the form for Agreement for operation of food and beverage concession at the Eagle
County Airport Terminal
D) Approve Ground Transportation Agreement Form, specifically Colorado Mountain Express
E) Approve Airport Terminal Concession Agreements retail form
F) Approve Airport Terminal Concession agreements car rental form, specifically Hertz, Budget,
Frontier and Avis
G) Second Restated Ground Lease between Eagle County and the Eagle County Airport Terminal
Corporation
H) County Veterans Service Officer's Monthly report for October 1996 and November 1996
I) Agreement between Eagle County and Xerox Corporation a model 5034 Xerox Copier and a
model 7124 Xerox Fax Machine.
Commissioner Johnson questioned the concession agreement, item E.
Bob Loeffler, Asst. County Attorney, stated the concession agreements are usually different regarding the
concessions. They are looking for the Board's approval of the forms they are using. They are specifically looking
for approval with Charlie's. Item F, the sample is with CME but they are looking to use this form with others.
They also have a blank food & beverage form as they have not yet entered into any contract.
Commissioner Johnson stated he doesn't understand why they are approving the forms. Ifthey come
forward with a different contract, they'll have to come back and get approval from the Board.
Mr. Loeffler stated they are looking for consistency in the vendor forms for vendors of similar wares.
Chairman Gates suggested they are just standard forms.
Commissioner Johnson again questioned why the form needs approval. They approve the contracts one by
one.
Mr. Loeffler stated this is a chicken and egg type matter and it will expedite things if they have the format
pre-approved. He suggested it will make it more efficient if they have the terms defined and therefore can proceed.
Commissioner Johnson questioned item #C which offers them no substantive terms. He asked what is
specific to the form.
Mr. Loeffler explained the terms will be constant in any contractual agreement. He stated it might be
semantics but the substance of the relationship remains constant.
Chairman Gates suggested it will keep things more consistent.
Mr. Loeffler stated you must consider the role of the BOCC in approving these contracts. The desire is to
make sure each applicant for concessions is treated similarly.
Commissioner Johnson stated there is a portion within C he is not sure of. That is under 5. 1 (b)(2) and the
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pncmg. Getting a burger at Brenner's and a burger at Mid-Vail offers a variety of prices. This provides an
opportunity for very high prices.
Mr. Loeffler stated the attempt was to keep the prices from being exorbitant.
Commissioner Johnson believes they should reword this section to be not greater than the prices charged for
similar foods west of Edwards.
Commissioner Phillips questioned whether they can dictate the price for a burger or not. They don't
regulate other prices out there.
Mr. Loeffler stated he has seen sample agreements from other airports and it is in all of them.
Commissioner Johnson suggested they pull this one and work on the language.
Commissioner Phillips asked how you will you know if they are charging too much.
Jim Hartmann, County Administrator, stated the contract allows the contracted to identify those they will be
comparing prices to. He stated it is in the proposers hands to bring the fees forward.
Commissioner Johnson moved to approve the consent calendar as presented, pulling item C.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Resolution 96-159, Supplementary Budget
Allen Sartin, Finance Director, presented Resolution 96-158, adopting a revised supplementary budget and
appropriation of unanticipated revenues for fiscal year 1996, and authorizing the transfer of budgeted and
appropriated monies between various spending agencies. He explained the Resolution to the Board.
Commissioner Phillips moved to approve Resolution 96-158, adopting a supplemental budget.
Commissioner Johnson seconded the motion. The vote was declared unanimous.
Commissioner Johnson moved to adjourn as the Board of County Commissioners and reconvene as the
Local Liquor Licensing Authority.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
The Terrace
Earlene Roach, Liquor Inspector, presented a transfer of ownership of a hotel and restaurant license with
extended hours for Beaver Creek Cuisine Corporation, dba/The Terrace. She stated this establishment was
previously owned by Joe Cowan. The applicants are reported to be of good moral character. All documentation is
in order and all fees have been paid. Nancy Hanrahan, applicant, is present for the hearing. Staff recommended
approval.
Commissioner Johnson asked Ms. Hanrahan about her food & beverage background.
Ms. Hanrahan responded.
Commissioner Johnson asked about TIPS training.
Ms. Hanrahan stated she has TIPS training as do many of her employees.
Commissioner Phillips moved to approve the transfer of ownership of a hotel and restaurant license with
extended hours for Beaver Creek Cuisine Corporation, dba/The Terrace.
Commissioner Johnson seconded the motion. The vote was declared unanimous.
Eagle's Nest Restaurant
Earlene Roach stated the modification of premises for Vail Food Services, Inc., dbalEagle's Nest Restaurant
has been withdrawn.
Wildflower Restaurant
Earlene Roach presented a request to change trade name for Shibui, Inc., dba/Wildflower for the Chairman's
signature. She stated the applicant is changing the name ofthe establishment to Sunflower.
Commissioner Johnson moved to authorize the Chairman to sign the change oftrade name for Shibui, Inc.,
dba/Sunflower Restaurant.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
Commissioner Johnson moved to adjourn as the Local Liquor Licensing Authority and reconvene and the
Board of County Commissioners.
Commissioner Phillips seconded. The vote was declared unanimous.
Abatements
Mary Jo Berenato, Deputy County Attorney, opened the hearing stating that items #C and D should be
tabled to the next hearing at the applicant's request.
Commissioner Johnson moved to table items #C and D.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Mary Jo Berenato stated they have been contacted by Mr. McAdams who understands the decision by the
Assessor's office. She suggests the Board deny the abatement as presented by the Assessor's office.
Commissioner Johnson moved to deny item #L, Charles V. McAdam.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Allen Black, Eagle County Assessor, presented a petition for abatement, schedule number 25090, Billie
Kelly Pirnie. The Assessor's Office recommended denial. The subject property is a vacant tract consisting of280
acres located approximately 10 miles north of Gypsum. The subject property was removed from agricultural
classification for 1995, based upon the belief the property was no longer used agriculturally. The petitioner
returned an Agricultural Land Classification questionnaire to the Eagle County Assessor, attesting to no agricultural
use. The petitioners agent later submitted a lease and affidavit which indicated cattle were being grazed, and that
oats were planted in 1994 and 1995. Several physical inspections through recent years have revealed no indicators
that agricultural use has occurred.
Mr. Pirnie was present for the hearing. He stated the document the Assessor is looking for is not available.
Chairman Gates asked what other documentation is available.
Mr. Pirnie stated there is no intent to subdivide this parcel and the breeding stock will be in this spring. This
is an agricultural, not a vacant piece of property.
Ms. Berenato asked about a livestock or grazing agreement for any current years.
Mr. Pirnie stated they have a lease on sheep for this past summer. They have submitted photographs of the
land being used this summer for lambing.
Mr. Black stated the abatement is of the tax year 1995. The lease they have looked at previously does not
depict the specific land, and it is a lease by Chambers.
Mr. Pimie stated they just took a BLM lease and marked it out. He said it is for dry land.
Ms. Berenato asked who Billy Pirnie is.
Mr. Pirnie stated she is his mother and that she is not really aware of what is going on with the property.
Ms. Berenato asked about a schedule F.
Mr. Pirnie explained his accountants did not separate out that piece of property.
Chairman Gates asked if he can get a written statement signed by Chambers about having rented the space.
Mr. Pirnie stated the only property his mother has is the Dry Lake property . Would the lease then not
suffice.
Ms. Berenato stated there is usually a fee, a description, something that shows what is being done on the
property and by whom. She stated there are many ambiguous answers regarding the property.
Commissioner Phillips asked how long the applicant has.
Mr. Black responded there is no time limit in that respect.
Ms. Berenato suggested maybe a letter from the accountant and a copy of the tax return would be
appropriate.
Commissioner Phillips suggested the livestock grazing agreement be further clarified and gave ideas for
doing so.
Mr. Black asked for the written plan from the Soil Conservation.
Chairman Gates asked for the letter from Chambers and from Frank Ferris regarding the sheep.
Mr. Black stated it won't effect anything for this abatement but maybe in the future.
Commissioner Phillips asked about a correction statement regarding the declaration his mother signed.
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Mr. Pirnie asked for clarification about the letter his mother is to write. He asked about a time frame and
stated he will have the information back in by the end of January.
Ms. Berenato stated they will schedule it after receiving the documentation and try for the first hearing in
February.
Commissioner Phillips moved to table schedule number 25090, Billie Kelly Pirnie.
Commissioner Johnson seconded the motion. The vote was declared unanimous.
Allen Black presented a petition for abatement, schedule number 006733 and schedule number 006734, ,
Monroe Property Company. The Assessor's Office recommended denial. The property was appealed in 1995 and a
notice of determination was mailed by the Assessor denying the appeal. The taxpayer is precluded from filing a
protest and an abatement petition for the same assessment year. Mr. Black stated they are coming back for the same
purpose as before.
Kevin Lindahl, attorney representing the petitioner, stated he accepts Mr. Black's ruling and withdrew those
abatements.
Discussion followed on the billing and abatement process.
Commissioner Johnson moved to table schedule number 006733 and schedule number 006734 for 1996 ,
Monroe Property Company to the January hearing.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Allen Black presented a petition for abatement, schedule number R031573, Highlands Resort. The
Assessor's Office recommended approval as submitted. The subject property is the bus turn around at Highlands
Resort and is owned by the homeowners association.
Commissioner Phillips moved to approve schedule number R031573, Highlands Resort, as recommended
by the Assessor.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Allen Black presented a petition for abatement, schedule number R011673, Miller Family Partnership. The
Assessor's Office recommended a partial abatement.. There have been three sales of comparable properties within
neighboring areas during the appropriate time frame. Mr. Black recommended an abatement for $2276.16.
Mr. Miller stated he was given the opportunity to accept this and gave a counter proposal which was denied.
He came up with an appraisal of the neighboring home for 1995. He asked that be included with the Board's
documentation. Mr. Miller suggested he introduce a summary of the times they've met, what they've talked about,
etc.
Ms. Berenato stated it is up to the Board if they want to accept the copy of the appraisal.
Mr. Black stated he would object to any more information being submitted. The last time it was tabled for
the Assessor's office visiting the property, and they have done that. He would not object to the summary being
introduced.
Commissioner Johnson stated they can accept it but they may not consider it. He questioned accepting the
appraisal at all.
Ms. Berenato recommended they not accept it as it is not for his property but a neighboring property.
The consensus of the Board was to not take any new evidence. They will accept the summary.
Mr. Black summarized saying the original request was for $2647.34 and they are offering $2276.16.
Mr. Miller stated he is not willing to accept the amount being offered. Mr. Miller stated he does not believe
they are taking into consideration the structural damage. He spoke to the detailed summaries he has provided. Mr.
Miller stated he will keep on with the process as long as it takes as he feels he is not being treated fairly.
Chairman Gates stated Mr. Miller has other avenues if it is denied.
Mr. Miller stated he is not coming in Willy Nilly. He stated he is presenting hard fact evidences. He
suggested they not confuse the Assessor's office with facts.
Mr. Black stated the structural damages were not there 1/1/95 and that is the date they have to consider.
Commissioner Johnson does not believe there to have been erroneous assessment. There was some
confusion with the number of fireplaces and the naming of the various rooms. The water damage was submitted
outside of the time frame to be considered. He does not see how much further they can go. He does not believe the
Assessor to have been incorrect in the assessment of the property.
Mr. Miller stated he was not familiar with the process. This is the first time he has felt he deserved to go
through this process. He stated he did not understand what would be considered as relevant. He stated one of the
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BOARD OF COUNTY COMMISSIONERS
EAGLE, COLORADO
RECORD OF PROCEEDINGS
FORM 50 HOECKEL'S 387869
problems they have is there is no house exactly his size. He stated the comparable units are half the size of his.
Commissioner Johnson moved to deny schedule number ROl1673, Miller Family Partnership.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Allen Black presented a petition for abatement, schedule number R031575, Highlands Resort. The
Assessor's Office recommended approval as submitted. The subject property is the land on which the swimming
pool and spa are located at the Highlands Resort in Beaver Creek. The property is owned by the homeowners
association.
Commissioner Phillips moved to approve schedule number R03l575, Highlands Resort, as recommended
by the Assessor.
Commissioner Johnson seconded the motion. The vote was declared unanimous.
Allen Black presented a petition for abatement, schedule number 025280, Alpine Bank, Basalt. The
Assessor recommended an abatement different than requested. The building is a converted railroad depot. The
building has been remodeled several times and suffers from some physical and economic obsolescence. Based on
income analysis and to equalize the subject property with other similar commercial properties in the area, the value
has been adjusted.
Commissioner Johnson moved to approve schedule number 025280, Alpine Bank, Basalt, as recommended
by the Assessor, in the amount of$2065.65.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Allen Black presented a petition for abatement, schedule number R030732, Blue Lake Owners Association.
The Assessor's Office recommended approval as submitted. The subject property is a common interest parcel,
located in the Blue Lake Subdivision, owned by the Homeowners Association. The Assessor's Office valued the
common area separately for 1995, in error, creating a double assessment. The value ofthe common area is inherit
in each individual lot in the subdivision.
Commissioner Phillips moved to approve schedule number R030732, Blue Lake Owners Association, as
recommended by the Assessor in the amount of$3496.97.
Commissioner Johnson seconded the motion. The vote was declared unanimous.
Allen Black presented a petition for abatement, schedule number R03l408, Blue Lake Owners Association.
The Assessor recommended denial. The subject property is commonly known as the Blue Lake Community Center.
The lower level is used as a community center, while the main level is leased for purposes of operating a day care
center. The Assessor's Office has valued only the main level and a deck extending offthe main level, which is also
used by the Day Care Center. The Day Care Center is a private for profit entity, operated as any other business
venture, and is therefore taxable.
Commissioner Johnson asked about a proportional evaluation.
Ms. Berenato explained the KIOWA.
Discussion continued on the petition for abatement.
Commissioner Phillips moved to deny schedule number R031408, Blue Lake Owners Association, as
recommended by the Assessor's Office.
Commissioner Johnson seconded the motion. The vote was declared unanimous.
There being no further business to be brought before the Board the meeting was adjourned until December
17, 1996.
Attest:
Clerk to the Board
~~~~
.. Chairman
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