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HomeMy WebLinkAboutMinutes 04/12/99 PUBLIC HEARING APRIL 12, 1999 Present: Johnnette Phillips Tom Stone James Johnson, Jr. James Fritze James Hartmann Sara J. Fisher Chairman Commissioner Commissioner County Attorney 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 Phillips stated the first item on the agenda was the consent calendar as follows: A) Approval of bill paying for week of April 12, 1999, subject to review by County Administrator B) Approval of the minutes ofthe Board of County Commissioner for March 29, 1999 C) Bid award for purchase of one new Tack Oil Trailer, MacDonald Equipment D) Resolution 99-039 and Power of Attorney conferring authority on the Attorneys Office to draw on Letter of Credit No 6087 in the amount of$815,837.50 for Vail Associates for Bachelor Gulch Village, Filing 1, subdivision to expire 4-15-99 E) Resolution 99-040 and Power of Attorney conferring authority on the Attorneys Office to draw on Letter of Credit No. 6088 in the amount of$I,299,871.16 for Vail Corporation for the benefit of Vail! Arrowhead, Inc. for Bachelor Gulch Filing 2, to expire 4-15-99 F) Resolution 99-041 and Power of Attorney conferring authority on the Attorneys Office to draw on Letter of Credit No. 6289 in the amount of $1,485,927.40 for Vail Associates for Bachelor Gulch Village, Filing 3, to expire 4-15-99 G) Resolution 99-042 and Power of Attorney conferring authority on the Attorneys Office to draw on Letter of Credit No. SLC006086DEN in the amount of$237,119.63 for Vail Corporation for the benefit ofVail!Arrowhead, Inc. for Filing 13, to expire 4-15-99 H) Resolution 99-043 and Power of Attorney conferring authority on the Attorneys Office to draw on Letter of Credit No. SLC006248DEN in the amount of $61,100.00 for Vail Corporation for Arrowhead at Vail filing 18, to expire 4-15-99 I) Resolution 99-044 and Power of Attorney conferring authority on the Attorneys Office to draw on Letter of Credit No. SLC006249DEN in the amount of $8,482,049.50 for Vail Corporation for Arrowhead at Vail Filing 18, to expire 4-15-99 J) Resolution 99-045 and Power of Attorney conferring authority on the Attorneys Office to draw on Letter of Credit No. 03139703 in the amount of$101,151.84 for Kensington Partners, Cordillera Filing 16, to expire 4-16-99 K) Agreement to renew Jail Medical Care and Health Services Agreement with Eagle County Department of Health and Human Services for Nursing Services L) Agreement to renew Jail Medical Care and Health Services with Michael L. Beals, D.O. M) Agreement to renew Jail Medical Care and Health Services with King Campbell, 1 04-12-1999 D.D.S. N) Agreement to renew Jail Medical Care and Health Services Agreement with Colorado West Mental Health 0) Agreement between Eagle County and Columbine Home Health Services P) Program Plan for 1999-2000 Core Services, Health & Human Services Q) Agreement between Eagle County and Eagle-Vail Metropolitan District for the use of the Eagle-Vail Pavilion for Health & Human Services Staff Retreat R) First Amendment to Contract for the grandstands project with Evans Mendal Allison. Commissioner Johnson asked for discussion on the minutes. He stated on page 4, second to the last paragraph. He asked it state that with this proposal it would be come a homeowners responsibility. He stated as well on page 5 where it refers to #7 it is questionable what #7 is. Discussion followed on the minutes and it was agreed a work session will be scheduled to discuss the issues. Commissioner Johnson moved to approve the consent calendar as presented including the changes suggested above. Commissioner Stone seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Scot Hunn, Planner, presented the following plat and resolutions for the Board's consideration: 5MB-00167. Lot 27. Berry Creek Ranch. Filing No.1. He stated this was a Minor "Type B" Subdivision, a resubdivision of Lot 27 to create two lots, Lot 27 A and Lot 27 B, along with an access and parking easement for both lots. The plat contains a duplex-split caveat stating that only one two-family residence may be built on the combined area of the two lots. Commissioner Stone moved to approve final plat file number 5MB-00167, Lot 27, Berry Creek Ranch, Filing No.1, incorporating staff findings. Commissioner Johnson seconded the motion. The vote was declared unanimous. 5MB-00168. Villas at Brett Ranch. Phase II. He stated this was a Minor "Type B" Subdivision, a resubdivision of Lot 101 to create forty-eight (48) residential condominium units within eight buildings. Commissioner Johnson moved to approve final plat file number 5MB-00168, Villas at Brett Ranch, Phase II, incorporating staff findings. Commissioner Stone seconded the motion. The vote was declared unanimous. Resolution 99-046.1041-0019, Town of Eagle 1041 Permit. He stated this was a resolution to approve the permit to construct a major extension of existing domestic water treatment, storage, and distribution system to serve areas referred to as The Town of Eagle. Commissioner Stone moved to approve Resolution 99-046, file number 1041-0019, Town of Eagle 1041 Permit. Commissioner Johnson seconded the motion. The vote was declared unanimous. Resolution 99-047. ZS-00003, Gypsum Ranch Sand & Gravel Pit. He stated this was a resolution to approve the Permit to Proceed for Phase 1 of the Gypsum Ranch Sand & Gravel Pit, within a Resource Zone District, in the unincorporated area of Eagle County. The Board considered this file on March 15, 1999. Commissioner Johnson moved to approve Resolution 99-048, ZS-00003, Gypsum Ranch Sand & 2 04-12-1999 Gravel Pit. Commissioner Stone seconded the motion. The vote was declared unanimous. Resolution 99-048. ZS-00041. Piney Valley Ranches Trust. He stated this was a resolution to approve the Special Use Permit for a 55 acre site to allow for (a) uses permitted in the Resource Zone District regulations and (b) for a Recreational Facility / Sporting Clays Shooting Range in conjunction with the on-going Guiding and Outfitting uses of the subject tract. The Board considered this file on September 14, 1998. Commissioner Johnson asked why it took so long for this resolution to get back. Eric McCafferty, Planner, stated he had been working on this and just recently discovered that the resolution had not been submitted. Commissioner Stone moved to approve Resolution 99-048, ZS-00041 Piney Valley Ranchs Trust. Commissioner Johnson seconded the motion. The vote was declared unanimous. Cordillera Valley Club Mr. McCafferty stated today was the day to approve the Cordillera Valley Club. He explained more time is needed and asked the Board extend the approval date at least two weeks. Commissioner Johnson moved to continue the file for the west entrance to the Cordillera Valley Club for three weeks. Commissioner Stone seconded the motion. The vote was declared unanimous. Resolution 99-049, Eagle County Election Precincts & Plat Sara J. Fisher, Eagle County Clerk & Recorder, presented Resolution 99-049, concerning the new Eagle County Election Precincts and a plat showing the new precinct boundary lines. She explained only two areas, EI Jebel and Basalt and the area up Brush Creek in Eagle were changed. She explained the changes to the Board. She stated when the precincts were redrawn in 1997, there was feed back concerning those lines from the residents. Due to that feedback those areas have now been redrawn. She stated the Salt Creek residents have been pulled back into the Eagle precinct and the Town 0f Basalt residents have been put back into the Basalt precinct. She recommended the Board approve the changes. Chairman Phillips questioned if Ms. Fisher had feedback from the residents concerning the proposed changes. Ms. Fisher stated there has been positive feedback from the residents and the Republican & Democrat parties. Commissioner Stone questioned the statutory requirement for splitting precincts. Ms. Fisher stated the requirement to split a precinct is 1,500 active registered voters. When the active voters reach that number the precinct must be split. She stated the number in the Avon precinct will change from clean up of the election files. She stated she does not plan on making changes until after the 2000 elections unless necessary. These precinct boundary lines were done in anticipation of the 2000 census. Commissioner Johnson questioned changes in the Commissioner Districts? Ms. Fisher stated after the 2000 census is complete she will then start realigning the Commissioner boundaries. Commissioner Stone moved to approve Resolution 99-049 and the plat for the Eagle County Election Precincts. 3 04-12-1999 Commissioner Johnson seconded the motion. The vote was declared unanimous. Tax Lien Certificates Karen Sheaffer, Eagle County Treasurer, presented the next item on the agenda, the write off of tax lien sale certificates 15 years and older. She explained the certificates to the Board stating it is a statutorily required item. She stated the County hold list is for those thirty years or older. The investors list are those that are fifteen years or older. There are four County held certificates and there are two and a half pages on the investors list. She suggested researching them may not prove anything. She explained the law and the changes therein. Commissioner Johnson moved to approve the write off of tax lien sale certificates 15 years and older, as presented by the Treasurer. Commissioner Stone seconded the motion. The vote was declared unanimous. Contract, Intermountain Sweeper Jim Elwood, Airport Manager, presented a contract between Eagle County and Intermountain Sweeper Company for the purchase of an airport runway regenerative air sweeper with high speed pick up ability. He explained the purchase to the Board stating it will be used to remove FOD, (foreign object debris), from the runways. Commissioner Stone moved to approve the contract with Intermountain Sweeper Company for the purchase of an airport runway regenerative air sweeper with high speed pick up ability. Commissioner Johnson seconded the motion. The vote was declared unanimous. IntergovernnmentalAlgreenment Jim Hartmann, County Administrator, presented an Intergovernmental Agreement regarding ownership and disposition of public lands in the Brush Creek Area near Eagle, between Eagle County, Town of Eagle and the Department of Natural Resources. He asked that this again be continued after meeting with the Deputy Director of State Parks on Friday. He stated there are more items to be agreed on and requests this be pulled and re-agended when it is ready to come forward. Chairman Phillips questioned if the seller will continue to hold this property without a contract. Mr. Hartmann explained it is in effect until Wednesday. He explained they need to continue to work on the IGA in case a sooner closing is scheduled. Chairman Phillips directed staff to re-agenda the item when appropriate, pertaining to the Intergovernmental Agreement regarding ownership and disposition of public lands in the Brush Creek Area near Eagle, between Eagle County, Town of Eagle and the Department of Natural Resources. Proclamation, Victims of Holocaust Commissioner Johnson stated the next item on the agenda was a proclamation declaring the week of April 11 through April 18, 1999 as Days of Remembrance for the Victims of the Holocaust. He explained the proclamation to the Board stating he saw Fran Goldman and Jackie Padow on television explaining this. B'nai Vail was represented by Don Sigman, who explained that this has been sponsored as an interfaith program and involves bringing survivors into the schools as well as other programs to remember the victims. He stated Daniel's Story will be told and celebrated. He stated they appreciate 4 04-12-1999 the proclamation and the awareness of what is going on all over the World and the acknowledgment is appreciated by all. Commissioner Johnson reminded the audience ofthe atrocities that have gone on since the Holocaust and are going on today. He thanked Mr. Sigman for reminding us all today. Commissioner Stone moved to approve the Proclamation, proclaiming the week of April 11 through April 18, 1999 as days of remembrance for the victims of the Holocaust. 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 Stone seconded the motion. The vote was declared unanimous. Toscanini & Vilar Center for the Arts Earlene Roach, Liquor Inspector, presented a modification of premises for Beaver Creek Food Services, Inc., dba/Toscanini & Vilar Center for the Arts. She stated the applicant proposes to eliminate the Vilar Center from their liquor license boundary. This application is in order and all fees have been paid. Staff recommended approval. Karen Novotny, Legal Council, was present for the hearing. She introduced Charlie Pucket, manager of Toscanini. Commissioner Johnson moved to approve the modification of premises for Beaver Creek Food Services, Inc., dba/Toscanini & Vilar Center for the Arts. Commissioner Stone seconded the motion. The vote was declared unanimous. Ms. Novotny asked that the modification removing the Vilar Center be delayed until after the 2nd of Mayas they have a commitment for the facility before then. Ms. Roach stated she will hold off on sending this to the State as it is not final until that approval. Vilar Center for the Arts Earlene Roach presented a new application for an arts license for Beaver Creek Arts Foundation, dba/Vilar Center for the Arts. She stated the applicant is taking over the Vilar Center and will have an arts license. This application is in order and all fees have been paid. All officers are reported to be of good moral character. Staff recommended approval. Tony Roaring, Holme, Roberts & Owen, was present for the hearing on behalf of the Vilar Center. He introduced Shelly Nottingham and Don Beaumont. Commissioner Johnson moved to establish the neighborhood as the Beaver Creek PUD for the license for Beaver Creek Arts Foundation, dba/Vilar Center for the Arts. Commissioner Stone seconded the motion. The vote was declared unanimous. Ms. Roach explained the next item is the petition showing the need for the facility. She explained there are a total of 70 signatures, consisting of 18 business owners and 52 residents. Commissioner Johnson asked why the need to change the control of the license. Mr. Roaring explained though they have had excellent service from Toscanini, it is a consolidation of efforts of the Art Foundation. Chairman Phillips asked about food service. Mr. Roaring stated Epicurean Catering will be providing the food. Commissioner Stone moved to establish the needs of Beaver Creek Arts Foundation, dba/Vilar Center for the Arts as evidenced by the submitted petition.c 5 04-12-1999 Commissioner Johnson seconded the motion. The vote was declared unanimous. Chairman Phillips questioned when this liquor license is in effect, if it is only during the functions. Mr. Roaring explained when there are visual and performing art functions. Chairman Phillips asked about the staff. Mr. Roaring explained they will come from Epicurean Catering. He also stated that Don was a peace officer for ten years and is very familiar with the legal requirements. Commissioner Johnson moved to approve the new arts license for Beaver Creek Arts Foundation, dbalVilar Center for the Arts. Commissioner Stone seconded the motion. The vote was declared unanimous. Zino Ristorante Earlene Roach presented a managers registration for Zino Ristorante, Inc. She stated the new manager is James Morgan who is reported to be of good moral character. This application is in order and all fees have been paid. Staff recommended approval. Commissioner Johnson asked how long Mr. Morgan has been in the restaurant/bar business. Mr. Morgan stated 19 years in food service and 14 years in the bar business. When asked about his experience, he explained he was the floor manager at Sweet Basil and then moved to Zino Ristorante. He stated he is familiar with the liquor code and will keep his code book handy. Chairman Phillips asked about his time at Zino Ristorante. Mr. Morgan explained. Commissioner Stone moved to approve the managers registration for James Morgan, Zino Ristorante, Inc. Commissioner Johnson seconded the motion. The vote was declared unanimous. Cordillera Golf Club Earlene Roach presented a managers registration for GEMSA Corporation, dba/Cordillera Golf Club. She asked it be tabled to April 26, 1999 at 11 :30. Commissioner Johnson moved to table the managers registration for, GEMSA Corporation, dba/Cordillera Golf Club to April 26, 1999 at 11 :30. Commissioner Stone seconded the motion. The vote was declared unanimous. Eagle County Government Earlene Roach presented an application for a special events permit for Eagle County Government. She stated this permit is for the Rocky Mountain Oyster Feed to be held May 1, 1999, from 4:00 p.m. to 1 :00 a.m.. The applicant will be licensing the entire fairgrounds area. Staff recommended approval. Commissioner Johnson asked how the premises will be controlled. Mike Millsaps, Facilities Management, stated he will meet with the Sheriffs Office tomorrow and review the services they have provided in the past. He stated there will also be volunteers from the Fair Board. Commissioner Johnson asked who will be serving the alcohol. Mr. Millsaps stated he believes it will be members of the Fair Board. Commissioner Johnson asked if they are TIPS trained. Mr. Millsaps stated he has had alcohol awareness training but is not currently TIPS trained. 6 04-12-1999 . Ms. Roach explained that Lori had Kim Andree do some training with those serving alcohol. Commissioner Johnson asked who is in charge ofthe alcohol service. Mr. Millsaps stated he will be. Commissioner Stone moved to approve the special events permit for Eagle County Government to be held on May 1, 1999, from 4:00 p.m. to 1 :00 a.m.. Commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner 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 April 19, 1999. Attest: ~ Clerk to the Boar 7 04-12-1999