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HomeMy WebLinkAboutMinutes 09/25/2000 PUBLIC HEARING SEPTEMBER 25,2000 Present: Tom Stone Johnnette Phillips Michael Gallagher James 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: Executive Session Chairman Stone stated the first item on the agenda was an "Executive Session". Commissioner Phillips moved to adjourn into an "Executive Session" to discuss the following: 1) Sitting alternately as the Board of County Commissioners and the Board of Directors of Eagle County Air Terminal Corporation, discuss commercial terminal negotiations 2) Receive legal advice regarding scheduling of land use approval files, specifically Adam's Rib Frost Creek Preliminary Plan application 3) Discuss settlement of RFRHA access dispute with Sanders Ranch 4) Discuss the Allen Estate litigation. Commissioner Gallagher seconded the motion. The vote was declared unanimous. The time was noted at 8:40 a.m. Commissioner Gallagher moved to adjourn from the "Executive Session" and reconvene into the regular meeting. Commissioner Phillips seconded the motion. The vote was declared unanimous. The time was noted at 9:37a.m. Commissioner Gallagher moved to adjourn into "Executive Session" for the purpose of discussing negotiations with the Vail Valley Jet Center. Chairman Stone seconded the motion, noting the time was I :44 p.m. In discussion, Jack Ingstad, County Administrator, stated after speaking with the County Attorney's Office, they have a meeting scheduled they would like to hold before the "Executive Session" and they would also like Commissioner Phillips to be present. Commissioner Gallagher withdrew his motion. Chairman Stone withdrew his second. Renee Black, Asst. County Attorney, stated the Board does not need to table this file but continue with the regular agenda. Consent Agenda Chairman Stone stated the first item before the Board was the Consent Agenda as follows: A) Approval of bill paying for week of September 25, 2000, subject to review by County Administrator B) Approval of the minutes of the Board of County Commissioners meetings for September 11 & 12, 2000 1 09-25-2000 C) Resolution 2000-135, concerning appointment to the Minturn Cemetery Board D) Resolution conferring Power of Attorney up the Attorney's Office to draw on letter of Credit No. SCLDDEN00326 in the amount of $370,082.00, for the account ofthe Vail Corporation (Bachelor Gulch Village Filings 2 & 3), drawn on US Bank, to expire October 1,2000. E) Contract between Eagle County and the Department of Public Health and Environment for Women's, Infant and Children's nutrition services (WIC). Chairman Stone asked if the Attorney's Office had any items to be pulled. Renee Black, Asst. County Attorney, stated item D can be pulled. A new letter of credit has been received. Commissioner Gallagher moved to approve the consent calendar as presented, pulling item D. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Phillips was not present at this time as she was attending a funeral. Plat & Resolution Signing Matt Gennett, Planner, presented the following plats and resolutions for the Board's consideration: 5MB-000239. Whiskey Hill. ARe-subdivision of Lot 33. He stated the intent of this Minor Type B Subdivision is to re-subdivide Lot 33, Whiskey Hill Subdivision to create two (2) 'l2 duplex lots, Lot 33W and 33E. Staff findings are 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 file number 5MB-000239, Whiskey Hill, a resubdivision of Lot 33, incorporating staff findings and authorize the Chairman to sign the plat. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unanImous. 5MB-00250. Riverwalk Diamond Building Condominiums. He stated this was a Minor Type B Subdivision, the purpose of which is to re-subdivide Unit G001 in the Riverwalk Diamond Building to create two units: G001 and COOL Staff findings are as follows: Pursuant to Section 5-290 (G) (1) of the 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. 2 09-25-2000 Commissioner Gallagher moved to approve final plat file number 5MB-00250, Riverwalk Diamond Building Condominiums, incorporating staff findings. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Resolution 2000-136 to Approve A Special Use Permit For Remonov & Company (Taco Trucks) - File No. ZS-00063. The Board considered this file on July 31 st, 2000. Commissioner Gallagher moved to approve Resolution 2000-136, approving a special use permit for Remonov & Company, Taco Trucks, File No. ZS-00063. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Agreement, the Concrete Works of Colorado Jim Elwood, Airport Manager, presented an agreement between Eagle County and The Concrete Works of Colorado, for the south ramp apron expansion at the Eagle County Regional Airport. He stated the bids were good and he explained the different pieces of the expansion. The project also includes snow storage and lighting. One of the key points is they are going forward without the federal grant in place. The grant is in Conference Committee and they are presuming it will be approved. He stated the reason it is before the Board today is to get the project completed before the upcoming ski season. Chairman Stone asked if there were any guarantees the federal monies would be coming. Mr. Elwood stated if they do not, the County will have funded the project. He stated they have done a cash flow analysis on the budget and the County can fund this project. Commissioner Gallagher stated he did not see schedule 5 on the graph. Mr. Elwood stated on the older sections ofthe ramp there have been some fractures. They now need to be individually removed and replaced. He stated that part of the project was budgeted in the airport budget. He related there is also a possible bonus for the contractor of $56,000.00 if they use the correct grade of concrete. He stated the FAA requires a certain grade on these projects. Chairman Stone asked how the money will be split. Mr. Elwood stated it will be a 90/10 split. Chairman Stone asked about jets being parked on the apron area now. Mr. Elwood stated they can park medium and small jets on this area currently. Commissioner Gallagher moved to award the bid to Concrete Works of Colorado and approve the agreement between Eagle County and The Concrete Works for the south ramp apron expansion at the Eagle County Regional Airport. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Resolution, Mountain Glen Housing Revenue Bonds David Carter, Housing Director, and Jack Gardner, Bond Counsel, presented a Resolution approving the issuance by Mountain Glen Housing Corporation of Multifamily Housing Project Revenue Bonds (GNMA Mortgage Backed Securities Program) Series 2000, in an aggregate principal amount of $10,165,000, authorizing a Project Agreement, a Financing Agreement, a Mortgage, a Mortgage Note and a Residual Receipts Note, and authorizing incidental action. Renee Black stated the Board need not open the file and related it will be on the agenda for October 2, 2000. 3 09-25-2000 The Board concurred to not open the file. Agreement, Right to Operate Commercial Terminal Jim Fritze, County Attorney, presented an Agreement to Purchase the Right to Operate a Commercial Terminal and Seventh Amendment to Concession Agreement and Lease. Chairman Stone stated Commissioner Phillips was not present at this time so he would entertain a motion to table. Commissioner Gallagher moved to table items 7 & 8, Eagle County Air Terminal Corporation Board of Directors meeting and Agreement to purchase the right to operate a commercial terminal and Seventh Amendment to Concession Agreement and Lease, until later in the day. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unanImous AFP-00089, Bachelor Gulch Village, Filing 3 Matt Gennett presented file number AFP-00089, Bachelor Gulch Village, Filing 3, reconfiguration of Tracts J & P-2. He stated this as an Amended Final Plat, the intent of which is to reconfigure Tract J and Tract P-2 in order to increase the area of Tract J. Geri Arnold, Vail Resorts, stated in order to install a handicap ramp and hot tub in settlers Lodge, the property boundary line had to be moved. She stated the PUD Guide does allow for line adjustments for development. Chairman Stone stated Tract J will be increased and P2 gets smaller. Ms. Arnold stated Tract J is the lodge and P2 is for facilities, which is planned to be a park. Chairman Stone stated the increased size will not result in any new structures or buildings added. Ms. Arnold stated there may be part of a hot tub on the new property but no buildings. Commissioner Gallagher asked about the restrictions. Ms. Arnold stated the County Building Department asked for this change due to fire standards. She stated Vail Resorts has agreed to retain ownership of Tract P2 so that no other buildings can be built on this property. Chairman Stone asked what could be built on Tract P2. Ms. Arnold stated only a park. Staff findings are as shown on staffs report and as follows: Pursuant to Section 5-290.G2 ofthe Eagle County Land Use Regulations, the Community Development Director has considered the following in the review of the Amended Final Plat: a. Adjacent Property. The proposed amendment does not adversely effect adjacent property owners; b. Final Plat Consistency. The proposed amendment is not inconsistent with the intent of the Final Plat; c. Conformance with Final Plat Requirements. The proposed amendment conforms to the Final Plat requirements and other applicable regulations, policies and guidelines; d. Improvements Agreement. An improvements agreement is not applicable; and e. Restrictive Plat Note Alteration. A restrictive plat note alteration is not applicable. Commissioner Gallagher moved the Board approve File No. AFP-00089, Bachelor Gulch Village, Filing 3, reconfiguration of Tracts J & P-2., incorporating staff findings and authorize the Chairman to sign the plat. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unanImous. 4 09-25-2000 Executive Session Commissioner Gallagher moved to adjourn into "Executive Session" to discuss the Agreement to Purchase the Right to Operate a Commercial Terminal and Seventh Amendment to Concession Agreement and Lease. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unammous. The time was noted at 2:40 p.m. Commissioner Gallagher moved to adjourn from "Executive Session" and reconvene into the regular meeting. Commissioner Phillips seconded the motion. The vote was declared unanimous. The time was noted at 3:12 p.m. ECAT Resolution Terminal Expansion, Tax Exempt Bonds Commissioner Phillips moved to adjourn as the Board of County Commissioners and reconvene as the Eagle County Air Terminal Corporation Board. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Bob Loeffler, Deputy County Attorney, stated this was being heard in anticipation of approving the contract for acquisition of the terminal business and expand terminal A to accommodate all the airlines. It is appropriate to adopt a resolution that anticipates approximately 16 million in tax exempt bonds. He stated the resolution was distributed to the Board this morning. Commissioner Gallagher moved to adopt the Eagle County Air Terminal Corporation Resolution regarding the terminal expansion and the anticipation of approximately 16 million dollars in tax exempt bonds. Commissioner Phillips seconded the motion. The vote was declared unanimous. Jim Fritze, County Attorney, stated they are trying to keep the funds down and until further meetings with the airlines they will not know the exact amount of the improvements at the Airport. Mr. Fritze stated the County had negotiated and was in a prior agreement to purchase the terminal and the business but was unable to come to agreements with the airline terminal and their leasees. He stated after a number of stumbling points, the agreement was finally negotiated. He stated this will allow the Vail Valley Jet Center to keep the existing building and the County to keep the business and a good portion ofthe parking lot. He stated the bonds can be sold for the entire project. In addition to the purchase of the terminal business and the parking lot, the County also agrees, subject to the ability to finance the purchase ofthe terminal and parking lot from the Vail Valley Jet Center. Mr. Fritze stated the Eagle County Air Terminal Board shall approve and authorize its president to sign the contract. Commissioner Phillips moved the Eagle County Air Terminal Board approve the agreement to purchase the right to operate the terminal and also the Seventh Amendment to the Concession Agreement and Lease. Chairman Stone seconded the motion. In discussion, Mr. Loeffler stated there are two documents to be approved, one of which was indicated in Commissioner Phillips motion. The Eagle County Air Terminal Board is approving this single document. Mr. Elwood asked if the motion covered the matter adequately. Mr. Elwood called for the question on the motion. The vote was declared unanimous. Commissioner Phillips moved to adjourn as the Eagle County Air Terminal Board and reconvene as the Board of County Commissioners. Commissioner Gallagher seconded the motion. The vote was declared unanimous. 5 09-25-2000 Mr. Fritze stated there is one issue that has not been resolved in the 7th Amendment, the question of whether the County is willing to lease an additional parking lot to the South of Terminal Hangar 2. The Jet Center in addition to everything in the 7th Amendment, would like to lease this ground and have it incorporated into their Fixed Base Operations Agreement. If the Board deems it appropriate and wishes to grant that part of the request and authorize the Chairman to sign an 8th Amendment, once drafted, to incorporate this property into the Vail Valley Jet Center Lease, subject to the provisions it be used for parking for customers, employees and tenants and their employees and tenants. Chairman Stone asked if it would be appropriate to discuss the nature of that amendment. Jim Allen, Chairman of the Jet Center, was present for the hearing. Chairman Stone stated this was an issue that was not considered previously. He stated it is an area where it was paved and the Jet Center has been using it since 1998. Mr. Allen stated this parking lot has been open to anyone who uses the terminal. Chairman Stone stated what makes sense in this situation is to lease that property immediately. He expressed concern with parking problem. He stated the County currently is trying to eleviate some of the parking mess and he would like the Board to enter into an agreement to enforce parking only where they should be parking. Employees of the Jet Center would only park in a certain area and everyone else must park in the County's parking area. Mr. Allen stated they are agreeable to that. Mr. Fritze stated the Board could authorize the Chairman to sign an 8th Amendment once that is prepared within the next ten days. Commissioner Phillips asked what is different in the 8th Amendment. Mr. Fritze stated the 8th Amendment only has to do with the parking lot and will be a less complicated document. Commissioner Phillips moved to approve the Agreement to Purchase the Right to Operate a Commercial Terminal and the 7th Amendment to the Concession Agreement and Lease to be signed by the Chairman of the Board, the President of the Board of the Eagle County Air Terminal Corporation and Mr. Allen. The Chairman shall be authorized to sign the 8th Amendment to the Concession Agreement and Lease after it is prepared by County Attorney. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Chairman Stone thanked the Vail Valley Jet Center for their cooperation and forthright manner during these negotiations. Commissioner Phillips stated she is happy to see this has finally become a realization and with one big roof over the entire complex it will make a better impression for the visitors to Eagle County. Commissioner Gallagher stated he is glad it has happened. He thanked Tom Stone for helping make this project happen. Mr. Allen thanked the Board for the straight forward nature of these negotiations and related they have strong ties to the community. There being no further business to be brought before the Board the meeting was adjourned until October 2, 2000. y~~ Chairman 6 09-25-2000