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Minutes 06/16/09 PUBLIC HEARING June 16, 2009 Present: Sara Fisher Peter Runyon Jon Stavney Keith Montag Bryan Treu Robert Morris Teak Simonton Chairman Commissioner Commissioner County Manager County Attorney Deputy County Attorney 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 There was none. National Association of Counties (NACo) Awards Project Management Representative Tom Johnson spoke to the board. He explained how the awards are determined. 1. Eagle River Preserve Mr. Johnson spoke about the way the preserve was created. Phase one is complete. The official grand opening was last Wednesday. The project preserves a grand piece of nature in an urban area and provides a place for the public to retreat. Eagle County thanked the Vail Valley Foundation, Eagle Land Trust, B & B excavating, Norris Design and American Civil Contractors for their contributions. 2. Red Table Early Learning Center / Gypsum Child Care Center Mr. Johnson stated that the facility allowed the Eagle County School District to offer care for local children and was a joint venture between the school district and the county. It's an excellent example of community partnerships. Chairman Fisher thanked Karen Reid and Glen Healen for their work on the project. She also thanked Cliff Simonton and Cindy Cohagen for their work on the project. Commissioner Runyon felt the awards were terrific. He wondered how many counties competed for these awards. Mr. Johnson stated that there are more than 3000 counties competing for these awards. Commissioner Runyon stated he was particularly pleased with the award for the preserve as he was more involved with that project. Consent Agenda Chairman Fisher stated the fIrst item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of June 15, 2009 (subject to review by the Finance Director) Finance Department Representative 1 06/16/09 B. Approval of the minutes of the Eagle County Board of Commissioners Meeting for May 5 and May 12, 2009 Teak Simonton, Clerk & Recorder c. Agreement between Eagle County and Ideal Fencing Corporation for the 2009 Guardrail Project Road & Bridge Representative D. Resolution 2009-052 Approving the Format for the 2009 Election Intergovernmental Agreement for Political Subdivisions and Authorizing the Chairman of the Board of County Commissioners to Execute the IGAs for Participation in the 2009 Coordinated November Election Teak Simonton, Clerk and Recorder E. Resolution 2009-053 Concerning Appointments to the Eagle County Regional Transportation Authority Board ECO Transit Representative F. Resolution Approving Eagle County Regional Transportation Authority Policy on Fare Increase and Service Changes ECO Transit Representative G. Resolution 2009-054 Approving Eagle County Regional Transportation Authority Policy on Special Services Dollar Cap ECO Transit Representative H. Resolution 2009-055 Releasing Assignment of Certificate of Deposit No. 353-680-6287 for Road Cut Permit No. 3594,4303 Bellyache Ridge Road, ContractOne, Inc. Engineering Representative I. Final Settlement of Agreement between Eagle County and TCD for the Leadville Bus Storage Facility Facilities Management Representative J. Water Lease between Eagle County and Eagle County School District RE-50J County Attorney's Office Representative K. Approval of Ambulance Licensing for Eagle County Ambulance District (ECAD) Anne Robinson, Public Health L. Public Safety Interoperable Communications Program Grant Agreement Barry Smith, Emergency Management M. Resolution 2009-056 Concerning Appointment to the Minturn Cemetery District Board of Directors County Attorney's Office Representative N. Resolution 2009-057 Concerning Appointments to the Board of Directors of the Eagle Riverview Mfordable Housing Corporation Alex Potente, Housing & Development o. Participating Agreement between Eagle County and M&J, LLC for Red Cliff Hazardous Fuel Reduction Proj ect Eric Lovgren, Wildftre Mitigation P. Resolution 2009-058 Denial of the Planned Unit Development Sketch Plan for the Crown Mountain Plaza Planned Unit Development, (Eagle County File No. PDS-00052) Bob Narracci, Community Development 2 06/16/09 Q. Amended Final Plat / Lot 23, Bachelor Gulch Village Filing No.1. The intent of this Amended Final Plat is to reorient the platted building envelope and ski easement to gain privacy from adjacent developed lot. (Eagle County File No. AFP-2070) Bob Narracci, Community Development Chairman Fisher stated that she requested the removal of item F from the agenda for more discussion. Chairman Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that there were no changes with the consent agenda. Commissioner Stavney moved to approve the Consent Agenda, Items A-Q, excluding item F. Commissioner Runyon seconded the motion. The vote was declared unanimous. Chairman Fisher asked to pull Item F off the consent agenda for discussion. Resolution Approving Eagle County Regional Transportation Authority Policy on Fare Increase and Service Changes ECO fair discussion: Commissioner Stavney spoke about the recommendations and proposed budget for fiscal year 2010. He understood that the projected 2010 budget did not show any administrative fee, rather than a reduced administrative fee. He also noticed that the bond payment had been reduced, but he felt it needed further discussion. There was nothing budgeted for marketing and there was a small fee for youth and senior ridership. He felt the discussion related to these issues should be a more public meeting in the near future. Harry Taylor, Director of ECO transit spoke. He stated that he did not object to a future public meeting to discuss these issues. Commissioner Runyon agreed that further and more formal discussion would be helpful. He wondered about the printing time for fare cards. Mr. Taylor stated that July 1 was the initial target but it could be pushed back further, knowing that the increase in revenues would not be realized until the fares were increased. Chairman Fisher did not object to the future hearing format. She spoke about the future board meetings and requested that Kelly Collier forward any public comments she had received about bus service. Annie Butler, member of the public thanked the board for scheduling a future meeting for the public to attend. Chairman Fisher clarified that Ms. Butler lived in Lake County and worked in Beaver Creek. Ms. Butler stated that this was a huge service for the community and she had hoped that all the cards would be put on the table and that fares would be economically feasible. She believed that a reduction in ridership would be moving in a negative direction. Commissioner Stavney spoke about educating the public about the new fares and the reason the changes in fares were determined. He provided some ideas for reduction in service routes and the possible savings that could be realized. Ms. Butler asked that specific information be made available to the public. Commissioner Stavney spoke about the Leadville route. The national average was about 17% for fare box returns, and Eagle County is higher. The Leadville route actually has about 50% fare box return. He wondered about employers paying for these fees. Mr. Taylor requested that the future meeting be scheduled for two weeks in the future. He stated that the money to operate the program has to come from somewhere. Commissioner Runyon asked ifMr. Taylor had considered handing out a flyer to bus riders about the upcoming meeting. Chairman Fisher stated that the board would be talking to the Lake County Commissioners about the program. She didn't want the entire burden to fall on the riders, but it needed to be determined whose burden it was. She believed it was part of a much broader discussion with other mass transit authorities about the future. Ms. Butler asked that all of the information be made available in Spanish as well. Commissioner Stavney wondered about other possible future cuts. Mr. Taylor asked to defer those suggestions to the future meeting. 3 06/16/09 Chairman Fisher spoke about the fact that bus passes would be part of the discussion. She stated that people purchasing bus passes were using them much more than was originally anticipated. She explained the difference in current and future pass rates and procedures. She wondered if the increase was unreasonable. Mr. Taylor spoke about some of the impacts. The Highway 6 route carried about 75% of the people. Chairman Runyon moved to table the discussion for two weeks Commissioner Stavney seconded the motion. The motion passed unanimously. Commissioner Runyon moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Stavney seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. 131 Smokehouse, LLC d/b/a 131 Smokehouse #26-66613-0000 This is a renewal of a Hotel and Restaurant License in Bond. 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. EagleN ail Restaurant Group d/b/a Paddy's #04-64279-0000 This is a renewal of a Hotel and Restaurant License in Eagle/Vail. 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. Commissioner Stavney moved that the Board approve the Liquor Consent Agenda for June 16, 2009 consisting ofItems A-B. Commissioner Runyon seconded the motion. Chairman Fisher asked about 131 Smokehouse. Ms. Scriver stated that they have maintained their license even though they have not been open lately. The vote was declared unanimous. APPLICANT: TRADE NAME: REPRESENTATIVE: LOCATION: REQUEST: STAFF REPRESENTATIVE: X-Bar Fly, Inc Sato Sushi Peter Mueller, Owner 56 Edwards Village Blvd. Unit 117 Edwards, CO Change of Location Kathy Scriver DESCRIPTION: The applicant, X-Bar Fly, Inc d/b/a Sato Sushi has requested a permit to change location of their Hotel and Restaurant Liquor License from 0105 Edwards Village Blvd. in the Edwards Village Center to 56 Edwards Village Blvd. Unit 117 in Edwards Corner. The new location, formerly known as Ray's, held a hotel and restaurant liquor license since 2003 until the licensee (Ray's X-Bar Fly, Inc) allowed it to expire in December of2008. Sato's is a popular, well established local restaurant and this change of location will provide additional dining area, better visibility and a much larger kitchen. 4 06/16/09 STAFF REPORT AND FINDINGS ESTABLISHING THE NEIGHBORHOOD: The neighborhood has been previously established. NEEDS AND DESIRES OF THE NEIGHBORHOOD: The needs and desires of the neighborhood will be the same based on findings previously made. STAFF FINDINGS: 1. All documentation is in order and all fees have been paid. 2. The premises where the alcoholic beverages will be sold has been previously licensed by the state and local licensing authorities. 3. The applicant is reported to be of good moral character. 4. Compliance with distance requirements and applicable zoning laws of the county. 5. Public Notice has been given by the posting of a sign in a conspicuous place on the premises, June 4th and by publication in the Eagle Valley Enterprise and Vail Daily on June 4th and June 11 t\ 2009 6. Public Notice has been given. No one has opposed the proposed move. CONCERNS / ISSUES: None DISCUSSION: Peter Mueller spoke to the board. He explained that they hoped to move into a larger and better facility. He stated that they had been open for 10 years and were open for lunch and dinner. Commissioner Stavney moved that the Local Liquor Licensing Authority approve a change of location permit for X-Bar Fly, Inc d/b/a Sato Sushi, having considered the reasonable requirements and desires of the neighborhood, the evidence submitted and incorporating staff fmdings. Such permit shall be issued upon the written findings and decision of this Board and upon a final inspection of the premises by our Clerk and Recorder's Office to determine that the applicant has complied with the site information provided today and as may be required by the Colorado Liquor Code. Commissioner Runyon 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 Stavney seconded the motion. The vote was declared unanimous. Citizen Input Chairman Fisher opened and closed citizen Input, as there was none. 5 06/16/09 Resolution 2009-059 Authorizing Execution of all Legal Documents Necessary for Applying for and Closing on Green Retrofit Grant Housing & Development Representative Mr. Potente spoke about the document. It represented all documents needed to apply for a million dollar grant. If this was awarded it could be used for green retrofit expenditures. The monies would be used for the Riverviewapartments. He noted that the grant was extremely competitive and it's very possible that the grant would not be awarded to Eagle County. Commissioner Stavney moved to approve Authorizing Execution of all Legal Documents Necessary for Applying for and Closing on Green Retrofit Grant. Commissioner Runyon seconded the motion. The vote was declared unanimous. Resolution 2009-060 adopting the Third Supplementary Budget and Appropriation of Anticipated Revenues for Fiscal Year 2009 and Authorizing the Transfer of Budgeted and Appropriated Monies between Various Spending Agencies Finance Department Representative, John Lewis Mr. Lewis explained the requests. They have anticipated an additional 855,000 of revenue along with other transfers. He summed up the major areas. In the general fund there were total allocations requested of 3,013,000 of which 1,275,000 was coming from the unallocated fund balance and 1,696,113 from the contingency fund. Much of this covered the forgiveness of administrative fees to the various departments. The Sheriff's department was requesting 4 staff to work in the new detention center. He detailed some of the other requests. Commissioner Runyon asked about the purchase of the horse pasture. He wondered if it was fee simple and without restriction. Mr. Treu indicated that this was correct. Mr. Lewis spoke about the departments requesting supplemental funds. Commissioner Runyon added that some money would be provided for the right of way acquisition at the airport in the amount of$710,000. Mr. Lewis spoke about the housing loan fund program. They were receiving a grant from First Bank. Chairman Fisher asked about the grant from First Bank for the down payment assistance. She wanted to be sure the community understood the generosity of this grant. Mr. Lewis stated that the Eagle River Preserve was separated from the Open Space Fund. He spoke about each fund and the justification for the requests along with the funding mechanisms. Mr. Lewis explained that there were still adequate funds available in the contingency fund. Chairman Fisher spoke about the 1.2 million budgeted for the purchase of the Forest Service property. It represented the ftrst of two purchases in West Eagle. The board was in discussion with the Town of Eagle about a future vision for the entire area. Commissioner Stavney asked Mr. Lewis to review the unallocated fund balance and the reserve. Mr. Lewis stated that there was 10,415,000 projected in the unallocated fund balance along with a Tabor Reserve of more than 2,000,000. When estimating needs there would still be approximately 600,000 left in the reserve fund. There will be a net surplus of 7,000,000 more than the required 15%. Commissioner Runyon added that the 35% reserve could be used for unforeseen emergencies. Commissioner Runyon moved to approve the resolution adopting the Third Supplementary Budget and Appropriation of Anticipated Revenues for Fiscal Year 2009 and Authorizing the Transfer of Budgeted and Appropriated Monies between Various Spending Agencies. Commissioner Stavney seconded the motion. The vote was declared unanimous. Economic Stimulus Projects Update Tom Johnson, Public Works 6 06/16/09 Mr. Johnson stated that all of the information was out on the Tiger grant, but that wasn't due until September. He stated that a small grant of $3000 was received for Health and Human Services. He showed the Recovery.gov site for the public's information. Commissioner Runyon felt better about the possibility of the airport interchange. Chairman Fisher wondered if Red Cliff had received any stimulus money. Mr. Johnson stated that he hadn't heard anything yet. He hoped to have more information shortly. Budget Update - Work Session John Lewis, Finance and Tom Johnson, Public Works Recorded Planning Files There were none. Attest: ~ furth~ business befor~ meetiug was adjourned un:une 23,2009. ~ ~1l)~ s];/l~ Q /w}... Clerk to the Board ~ ('\ .. *. Chairman OlOff,"'ff' 7 06/16/09