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HomeMy WebLinkAboutMinutes 05/08/2000 PUBLIC HEARING MAY 8, 2000 Present: Tom Stone Johnnette Phillips Michael Gallagher James R. Fritze Jack Ingstad Earlene Roach Chairman Commissioner Commissioner County Attorney County Administrator 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, Older American's Month Chairman Stone stated he would like to amend the agenda and start out with item D, a Resolution proclaiming the month of May as Older Americans Month. Katie Harper, Senior Coordinator, read statements concerning the past, present and future people in the County. Several Older Americans were present, performed a dance and presented the Board with homemade goodies. Chairman Stone read the Resolution into the record as follows: "Whereas, by the year 2030, one in four Americans will be 60 or older; and Whereas, as the face of America grown older, communities need to consider the challenges and growing needs of older citizens; and Whereas, today, more people are living longer, healthier and more active lives; and Whereas, Eagle County works in partnership with her older populations with programs that encourage a healthy active lifestyle, with volunteer services that support seniors and help them to remain in their own homes, with opportunities for community service through the Retired Senior Volunteer Program (RSVP), with help for the payment of property taxes through the Senior Tax Work Off Program, and with efforts to develop supported living alternatives in eagle County; and Whereas, Eagle County wishes to recognize and thank the members of the senior community for their support of the community; and Now Therefore, Be It Resolved By The Board of County Commissioners of the County of Eagle, State of Colorado: That, the Board hereby proclaims the month of May, 2000, to be know as Older Americans Month". The Board thanked the Seniors for coming and for their treats. Consent Agenda Chairman Stone stated the next item before the Board was the consent agenda as follows: A) Approval of bill paying for week of May 8, 2000, subject to review by County Administrator B) Approval of the minutes of the Board of County Commissioners meeting for April 24, 2000 C) Resolution 2000-064 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. WSL890818 for Brett Ranch, in the amount of $30,806.18 to 1 05-08-2000 expire May 13,2000, issued by Key Bank D) Resolution 2000-065 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. WSL890820 for Brett Ranch, in the amount of$124,438.08 to expire May 13,2000, issued by Key Bank E) Resolution 2000-066 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. 361 for MRLD, LLC, in the amount of$634,015.80 to expire May 14,2000, issued by Weststar Bank, Miller's Creek Subdivision F) Resolution 2000-067 transferring and distributing revenues from the County Forest Reserve Fund, Fiscal Year 1999 G) Resolution 2000-068 authorizing the final release of collateral and termination ofthe warranty period for Western Slope Utilities H) Assignment and Bill of Sale between jet Capital, Inc. and Eagle County I) Agreement with the Family Visitor Program for Early Head Start J) Amended Early Head Start Grant Application. Commissioner Gallagher questioned item H, and what the property was. Jim Elwood, Airport Manager, stated the property is a hangar that was in the budget on the North side of the Airport, currently known as the Webster Hangar. It is 75 feet by 75 feet. Commissioner Phillips moved to approve the consent calendar as presented. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Matt Gennett, Planner, presented the following plats and resolutions for the Board's consideration: 5MB-00233. Whiskey Hill. ARe-subdivision of Lot 31. He stated the intent of this Minor Type B Subdivision is to re-subdivide Lot 31 into two (2) Y2 duplex lots, Lot 31A and Lot 3IB. He read staff findings as follows: Pursuant to Section 5-290 (G) (1) ofthe Eagle County Land Use Regulations: 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. Standards for Type A and Type B Subdivision. a) Access, potable water, and sewage disposal on the land to be subdivided are adequate; b. The plat does conform to Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Gallagher moved to approve final plat file number 5MB-00233, Whiskey Hill, a resubdivision of Lot 31, incorporating staff findings. The Chairman shall be authorized to sign the plat. Commissioner Phillips seconded the motion. The vote was declared unanimous. AFP-00078, Eagle-Vail Subdivision, Filing 2 Matt Gennett presented file number AFP-00078, Eagle-Vail Subdivision, Filing 2, Block I, Lot 64. He stated this was an Amended Final Plat, the purpose of which is to vacate existing lot lines in order to consolidate three parcels into one. He stated this item should be on the agenda for next week. Commissioner Gallagher moved to table file number AFP-00078, Eagle-Vail Subdivision, Filing 2, Block 1, Lot 64 to May 15,2000. 2 05-08-2000 Commissioner Phillips seconded the motion. The vote was declared unanimous. Lease Amendment, Integrity Plumbing and Heating, Inc. Rich Cunningham, Director of Facilities Management, presented a lease agreement between Eagle County and Integrity Plumbing and Heating, Inc., regarding the Eastern half of the building at 218 Cody Lane, Basalt. He stated this amends the current lease to renew for a period of two years with an option of an additional two years. Commissioner Phillips moved to approve the Lease Amendment between Eagle County and Integrity Plumbing and Heating, Inc., regarding the eastern half of the building at 218 Cody Lane, Basalt. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Memorandum of Understanding, Dept of Human Services Kathleen Forinash, Director of Health & Human Services, presented a Memorandum of Understanding with the State of Colorado, Department of Human Services regarding the Colorado Works Program. She stated this serves families with basic cash assistance and various other services to help them return to an economic self sufficient status. She stated this is a standard agreement which sets forth an agreement to work together and abide by certain State rules and regulations. She stated if the County were not in agreement, those differences could be worked out. Commissioner Phillips moved to approve the Memorandum of Understanding with the State of Colorado, Department of Human Services, regarding the Colorado Works Program. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Commissioner Phillips moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner 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) EI Jebowl, Inc., renewal of a tavern license. This establishment is located in EI Jebel. There have been no complaints or disturbances during the past year. B) Gore Range Brewery, LLC, dba/Gore Range Brewery. The establishment is located in Edwards behind Stop and Save. There have been no complaints or disturbances during the past year. C) Daniel's Foods, Inc., dba/Mirabelle's at Beaver Creek. This establishment is located just past the gate into Beaver Creek. There have been no complaints or disturbances during the past year. Commissioner Gallagher moved to approve the Liquor License Consent Agenda for May 8, 2000, as presented. Commissioner Phillips seconded the motion. The vote was declared unanimous. Beano's Cabin Earlene Roach presented a new application for a PRIVATE Hotel & Restaurant license for Beaver Creek Food Services, Inc., dbalBeano's Cabin. This is an existing establishment but the applicant is requesting a private restaurant license. Therefore the neighborhood and the needs of that neighborhood must be established. The applicant used the Beaver Creek PUD as the neighborhood. Commissioner Phillips moved to establish the neighborhood as the Beaver Creek PUD for 3 05-08-2000 Beaver Creek Food Services, Inc., dba/Beano's Cabin. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Ms. Roach gave the Chairman a petition of76 signatures submitted by the applicant. Ofthose 76 signatures 20 believe this establishment should remain public. Max Scott, Oedipus, Inc., presented a report about the gathering of signatures and explained the petition to the Board. He stated the not at homes were at 74%, which is abnormally high. He stated 73% were in favor of this restaurant becoming private. He stated this applicant does not add a new license to the neighborhood but rather changes the existing license from public to private. Carrie O'Neil, Vail Resorts, Inc., stated Beaver Creek Food Services, Inc., would like to make Beano's a private establishment for lunch only. Their intention is to open it up to the public for dinner. She stated this idea will serve the club members. Chairman Stone stated right now to get into Beano's for lunch you have to be a member ofthe club. He stated that seems to be the way this establishment is managed. Ms. O'Neil stated that is not correct. She stated Ms. Roach spoke to her when she first started at Vail Resorts and informed her complaints would not be tolerated. This was a public establishment and the public would be served. She stated she instructed all staff to assure the public would be served. She stated there is a perception that Beano's is private. Chairman Stone stated there is not only a perception, but it has been promoted that only Beaver Creek club members are allowed at lunch time. He stated Real Estate Brokers in that area promote the private status. He questioned ifthe public perception was correct and Beano's is private at lunch. Ms. Roach stated Beano's Cabin is a public restaurant license. There have been problems in the past and Vail Resorts were notified that would not happen this year. Ms. O'Neil asked if there were complaints this year. Ms. Roach stated she has not received any calls this year. Either the applicant is letting the public in or the public has gotten used to not being able to have lunch at Beano's. She stated once the Board approves this application, it will be a private restaurant. The applicant would not have to open at anytime for the public. Ms. O'Neil stated financially they will most likely have to have it open in the evening to the public. Commissioner Gallagher questioned if they were a private license could they still be open for the public. Ms. Roach answered yes. Chairman Stone questioned Allie's Cabin. Ms. O'Neil stated that is a private license. Ms. Roach stated Zach's Cabin and Game Creek Club are also private licenses. Chairman Stone stated he believes although he is annoyed with having not allowed the public in he believes this application makes sense as it has been openly advertised as private for quite a long time. He stated he believes Vail Resorts does most things right. Commissioner Gallagher asked how many private licenses are in Beaver Creek. Ms. O'Neil stated there are currently two and this would be the third. Commissioner Gallagher moved to establish the needs of the neighborhood as evidenced by testimony and the submitted petition. Commissioner Phillips seconded the motion. The vote was declared unanimous. Ms. Roach stated this application is in order and there have been no complaints or disturbances during the past year. Commissioner Phillips moved to approve a new PRIV A TE hotel and restaurant license for Beaver Creek Food Services, Inc., dba/Beano's Cabin. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Ms. Roach presented a managers registration for Robert Battle, Beaver Creek Food Services, 4 05-08-2000 Inc., dbalBeano's Cabin. She stated Mr. Battle is reported to be of good moral character. Commissioner Gallagher questioned Mr. Battle's experience in the alcohol business. Mr. Battle stated he has been in the restaurant business since he was 14 and has been a waiter and/or bartender for 16 years. Commissioner Gallagher asked if Mr. Battle was TIPS trained. Mr. Battle answered yes. Commissioner Gallagher asked how long Mr. Battle has been a manager. Mr. Battle answered with Vail Resorts for 2 and Y2 years. Commissioner Phillips moved to approve the managers registration for Robert Battle, Beaver Creek Food Services, Inc., dbalBeano's Cabin. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Commissioner Gallagher moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Phillips seconded the motion. The vote was declared unanimous. Abatements Max Schlafley, Appraisal Coordinator, presented a petition for abatement for Avon Self Storage, schedule number R014726. He stated the petitioner asked for an abatement for 1997, 1998 and 1999. In 1997 the petitioner filed an appeal so an abatement may not be requested for that period of time. He stated the Assessor's Office felt the expense ratio for this property is in the area of a triple net lease. Commissioner Gallagher asked about the abatement process. Mr. Schlafley stated the petitioner believes the assessment is too high and is asking the Board to abate some of those taxes. He stated they are looking at tax years 1998 and 1999. Chairman Stone stated the petition could be asking the Board to rectify an error. Mr. Schlafley explained the abatement process for the Board. He stated the petitioner generally asks for a refund of taxes. He stated in the valuation of this property, they summarized how the property was valued. He stated under a triple net lease, the tenant pays for taxes, upgrades, etc. He stated this property is owned by a group out of New York. He stated a portion of these rental units are heated and there are more common areas. He stated this property has expenses of 20% to 30% . The Assessor recommended a valuation of $2,405,000.00 for tax year 1998, based on a net income of$283,802.00, which was divided by a cap rate. He stated a capitalization rate is a rate based on sales, which is compared with net income and is expressed as a percent and market value. The Assessor is recommending denial of the abatement for 1997. Chairman Stone related there area several ways to value each property. Commercial properties are not just the value of the structure but rather their business and revenues. If the business were to be sold the valuation comes from what the business is producing in the way of income. Mr. Schlafley stated he measured the income capability of this property and derived the values from that. He stated there was also a sale in Basalt and Eagle and he looked at those. For 1999, the Assessor recommends a value of $2,434,580.00 based on a reported net income of $290,780.00 divided by the cap rate. For 1998 it would be $2,405,100 1998. The abated amount will be $415.18 for 1998 and $9,384.24 for 1999. Commissioner Phillips moved to approve an abatement, schedule number R014726, Avon Self Storage, as recommended by the Assessor, in the amount of$415.18 for 1998 with the tax amount being $47,502.06 for a balance of$47,086.88. For 1999, the abated amount shall be $9,384.24 with the tax amount being $%3,227.30 for a balance of $42,343.06. There will be no abatement for 1997. Commissioner Gallagher seconded the motion. The vote was declared unanimous. 5 05-08-2000 Mr. Schlafley presented a petition for abatement for Galena Partners, schedule number R039178. The petitioner is requesting an abatement for 1997, 1998 and 1999. Renee Black, Asst. County Attorney, stated the petitioner has requested the Board enter an administrative denial which will allow them to move on to the next level. Mr. Schlafley stated the petitioner believes 45% open space should be deducted from his appraisal. Commissioner Gallagher asked about appraising this property as commercial. Mr. Schlafley stated you could but this property was assessed as residential. Chairman Stone stated the petitioner restricted the property by covenants and restrictions which will allow only a certain number of homes to be built on a certain portion of land. Commissioner Gallagher moved to deny the petition for abatement for Galena Partners, schedule number R03 9178, at the petitioners request for 1997, 1998 and 1999. Commissioner Phillips seconded the motion. The vote was declared unanimous. Mr. Schlafley presented a petition for abatement for Kensington Partners, schedule numbers R028369 which is now known as schedule R047839. Ms. Black stated the petitioner is requesting an administrative denial for this property also. Commissioner Phillips moved to deny schedule numbers R028369, which is now R047839, Kensington Partners, at the petitioners request for 1997, 1998 and 1999. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Mr. Schlafley presented a petition for abatement for Nicolas John and Anthony Kern, The Paint Bucket, schedule number R020758. He stated the Assessor generated this abatement for 1999. The petitioner requested a review due to a recent appraisal. In the course of the review it was discovered this property was valued incorrectly. The value has been corrected to $396,680.00. The Assessor recommended an abatement of$2,588.50, with a balance due of$5,884.98. Commissioner Gallagher moved to approve schedule number R020758, Nicolas John & Anthony Kern, The Paint Bucket, in the amount of$2,588.50 from an original amount of $8,473.48, leaving a balance due of$5,884.98, for 1999, as recommended by the Assessor. Commissioner Phillips seconded the motion. The vote was declared unanimous. Mr. Schlafley presented a petition for abatement for Ann Ferrell, schedule number R031597. The petitioner is asking for an abatement for 1999. The subject parcel is a vacant parcel on the Roaring Fork River. The Assessor looked at sales in that area and discovered the subject property was sold last year for $300,000.00. He stated the Assessor has this property valued at $210,630.00 which is well below the sales. He stated this property is in line with other sales. The Assessor recommended denial. Commissioner Phillips moved to deny schedule number R031597, Ann Ferrell, as recommended by the Assessor. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Mr. Schlafley presented a petition for abatement for Bridge and Associates, Stan Properties, schedule numbers R044495 and R044496. The petitioner is requesting an abatement for 1999. He stated the Assessor recommended the value be $307,240.00 on schedule number R044495 which results in an abatement of $2,251.74 with a balance of $3,850.26. Commissioner Phillips moved to approve schedule number R044495 an abatement of $2,251.74, tax amount is $6,102.00, leaving a balance of $3,850.26, for 1999, as recommended by the Assessor. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Mr. Schlafley stated schedule number R044496, Bridge and Associates, Stan Properties, is the 6 05-08-2000 same as the previous abatement. The tax amount is $2,530.54, with an abatement of$387.14, leaving a balance of$2,143.40. Commissioner Gallagher moved to approve an abatement for schedule number R044496, Bridge and Associates, Stan Properties, as recommended by the Assessor, tax amount $2,530.54, abating $387.14, leaving a balance of$2,143.40, as recommended by the Assessor for 1999. Commissioner Phillips seconded the motion. The vote was declared unanimous. ASD-00005, Appeal of Staff Decision Keith Montag, Director of Community Development, presented file number ASD-00005, Appeal of Staff Decision. He stated the applicant is appealing the decision that the lot line between two exempted parcels of land where title has merged cannot be changed. Mr. Montag stated the applicant is requesting this matter be continued to May 22, 2000. Commissioner Gallagher moved to table file number ASD-00005, appeal of staff decision to May 22,2000. Commissioner Phillips seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until May 15, 2000. AttestJkfl_ Q r;;~ Clerk to the Bo d c~,~ 7 05-08-2000