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Minutes 05/11/10 PUBLIC HEARING May 11,2010 Present: Sara Fisher Peter Runyon Jon Stavney Keith Montag Robert Morris Christina Hooper Teak Simonton Kathy Scriver Chairman Commissioner Commissioner County Manager Deputy County Attorney Assistant County Attorney Clerk to the Board 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: 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 May 3, 2010 (subject to review by the Finance Director) Finance Department Representative B. Approval of Payroll for May 20,2010 (subject to review by the Finance Director) Finance Department Representative c. Approval of the Minutes ofthe Eagle County Commissioners Meeting for April 6 and April 13, 2010 Teak Simonton, Clerk & Recorder D. Colorado Department of Public Health and Environment Tuberculosis Program Amendment for Task Orders No. 1 Anne Robinson, Health & Human Services E. Resolution 2010-049 Conferring Power of Attorney upon Bryan R. Treu, County Attorney, Robert L. Morris, Deputy County Attorney and Christina C. Hooper, Assistant County Attorney to Act as Attorney in Fact for the County of Eagle, State of Colorado, with Respect to Letter of Credit No. SLCPPDX03680 in the amount of$1,751,782.32 for Kummer Development for Frost Creek PUD Engineering / County Attorney's Office Representatives F. Encroachment Easement and License Agreement between Eagle County and the Eagle River Watershed Council for Land Improvements Environmental Health G. Resolution Vacating Amended Final Plat for Fox Run Meadows PUD, Lot 22, at the Request and with Consent of Current Owner of Such Plat so as to Return Such Lot 22 to Its State Immediately Prior to Recording of Such Amended Final Plat Engineering / County Attorney's Office Representatives Chairman Fisher asked the Attorney's Office ifthere were any changes to the Consent Agenda. Robert Morris, Assistant County Attorney stated that Item G should be pulled because the signed request with consent had not been from the applicant. 1 05/11/2010 Commissioner Stavney moved to approve the Consent Agenda, Items A-F. Commissioner Runyon seconded the motion. The vote was declared unanimous. Citizen Input Chairman Fisher opened and closed citizen Input, as there was none. Contract Home Investment Partnerships Program Grant Jill Klosterman, Housing & Development Ms. Klosterman stated that the grant was one that the county was awarded in 2009 in connections with the Riverview apartment's renovation. The grant money, in the amount of$32,000 would be received at closing. This was one of many different funding sources for the renovation. The county must stay in compliance with the grant for 30 years, which means the county must maintain affordability for at least 3 units at or below 50% of area median income. They hope to begin construction by July 1, 2010. Commissioner Runyon wondered if there were any implications if the other funding sources were not available. Ms. Klosterman stated that ifthe grant money were not used by April 30, 2011 it would go back to the state. So if the other funding sources fell though the county would have to re-apply for the grant. Commissioner Stavney moved to approve the Contract for the Home Investment Partnership Program Grant for $432,000 to be used for the acquisition ofRiverveiw Apartments. Commissioner Runyon seconded the motion. The vote was declared unanimous. 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. Grill at Singletree, LLC d/b/a Balata #12-56479-0000 This is a renewal of a Hotel and Restaurant license with 12 - Opt. Premises in Edwards (Singletree). 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. Diamond Five, Ltd. d/b/a Coyote Cafe #04-65986-0000 This is a renewal of a Hotel and Restaurant License in Beaver Creek (plaza). 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. C. Beaver Creek Food Service, Inc. d/b/a Saddleridge at Beaver Creek #04-86494-0000 2 05/11/2010 This is a renewal of a Hotel and Restaurant License in Beaver Creek. 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. D. Gore Range Brewery, LLC d/b/a Gore Range Brew Pub #09-87564-0000 This is a renewal of a Brew Pub License in Edwards. 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. Other E. Grill at Singletree, LLC d/b/a Balata #12-56479-0000 This is a Report of Change/Manager's Registration for Balata Restaurant in Edwards. The applicant wishes to register Alysson Lincoln as the new manager, replacing Matt Jones. The application is complete and the necessary fees have been paid. Ms. Lincoln was reported to be of good moral character, based upon both the Sheriff and CBI reports. F. Vail Food Services, Inc d/b/a Game Creek Club #13-32488-0000 This is a Report of Change/Manager's Registration for Game Creek Club on Vail Mountain. The applicant wishes to register Jennifer Mejia as the new manager, replacing Elizabeth Nilsson. The application is complete and the necessary fees have been paid. Ms. Mejia was reported to be of good moral character, based upon both the Sheriff and CBI reports. Commissioner Runyon moved that the Board approve the Liquor Consent Agenda for May 11, 2010 consisting ofItems A-F. Commissioner Stavney seconded the motion. The vote was declared unanimous. APPLICANT: REQUEST: EVENT: DATE OF EVENT: REPRESENTATIVE: LOCATION: STAFF REPRESENTATIVE: Rink Productions, Inc. Special Events Permit Summer Solstice Run June 19, 2010 Jean Dennison, Event Manager Creekside Park, Beaver Creek Subdivision Kathy Scriver DESCRIPTION: Rink Productions, Inc., a non-profit corporation, has requested a special events permit for the Summer Solstice Run, which will start and finish in Creekside Park, a Community Park located in the Beaver Creek Subdivision. This event will be open to the public and benefit the Vail Valley Charitable Fund. The Dusty Boot will be providing the food service. Beer will be the only alcohol served. Beaver Creek security and staff will police the physical boundaries and monitor access points. STAFF FINDINGS: 1. This application is in order, all requirements have been met, all necessary documents have been received, and all fees have been paid. 2. Public notice has been given by the posting of a sign in a conspicuous place on the premises on April 30, 2010, 10 days prior to the hearing. 3 05/11/2010 3. No protests have been filed in the Clerk Office. 4. The applicant has provided proof of server training and an alcohol management plan. 5. Staff has had no problems with events hosted by the applicant in the past. CONCERNS / ISSUES: None DISCUSSION: Ms. Scriver presented the request. Mike Kloser with Beaver Creek Resort Company stated that the Vail Recreation District ran the event. The Commissioners thanked Mr. Kloser for his work in the community. Commissioner Stavney moved that the Local Liquor Licensing Authority approve the Special Events Permit for the Rink Productions, Inc event being held in Creekside Park, Beaver Creek Subdivision on June 19, 2010, from 4:00 p.m. to 9:00 p.m. Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Stavney moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Runyon seconded the motion. The vote was declared unanimous. Resolution 2010-050 Concerning Assessor Generated Petitions for Abatements and Refunds of Taxes Assessor's Office Representative Christina Hooper Petitioner Schedule No. Big Quail Real Estate Holdings, LLC c/o Roitstein US Bank National Assoc Eagle River Land Co Inc. Craig Folson Malia Cox & Leonard J. Nobrega R05l911 R042611 ROl5165 R059l66 Christina Hooper spoke about the items concerning petitions for abatements and refunds of taxes. She stated that there were two ways the board received petitions, the Assessor generated the petitions based on an error, or a petitioner submitted a petition. The first item was a resolution concerning the Assessor generated petitions which if the board agreed with the Assessor's recommendations then the board could adopt the resolution and affectively provide for the abetments subject to the state tax administrators review. Commissioner Stavney moved to approve resolution 2010-050 concerning assessor generated petitions for abatement and refunds of taxes before the Board of Eagle County Commissioners. Commissioner Runyon seconded the motion. The vote was declared unanimous. Resolution 2010-051 Concerning the Abatement Settlement Recommendations Assessor's Office Representative Ms. Hooper stated that related to this item, the Assessor's Office had come to an agreement with the petitioner about what the appropriate value for the property should be. 4 05/11/2010 Petitioner 50l Bachelor Gulch LLC 502 Bachelor Gulch LLC Robert Shaw, Academy Woods Ltd. Robert Shaw, Academy Woods Ltd. James & Patricia Aronstein Trust Big Quail Real Estate Holdings, LLC Lowetex Leasing LLC, Micheal & Terry Lowe M&B Red Sky Prop. No. 37 LLC Francis McLarney Frank Medina Raymond Oglethorpe Raymond Oglethorpe Randy Robason, Freedom Family LP Alex Palmer Pester Rev Trust Agreement AJ Robbins Paul H. Jr. and Catherine L. Slaugh Weststar Bank (U.S. Bank) Schedule No. R053795 R053796 R030206 R030205 R010173 R051911 R057480 R057479 R052l26 R043549 R045610 R045611 R053902 ROl1592 R049838 R049270 R014715 R044532 Commissioner Stavney moved to approve resolution 2010-051 concerning abatement settlement recommendations of the Eagle County Assessors Office as presented. Commissioner Runyon seconded the motion. The vote was declared unanimous. Resolution 2010-052 Concerning Hearings on Taxpayer Generated Petitions for Abatements and Refunds of Taxes Assessor's Office Representative Christina Hooper Christina Hooper stated that regarding this item, the board appointed an independent hearing officer to hear the petitions where the petitioner had decided to go forward with hearing. The hearing officers made recommendations for the board to review. This resolution would affectively approve the abatements and refunds of taxes. Petitioner Sue Berman John Boles Charles Campisi Neal Cohen Colorado Family Ventures Creek Properties, LLC Bob Dorf David & Pamela Dove Thomas & Kimberly Downs Jim Ellsworth John R. & Helmke R. Fields John R. & Helmke R. Fields Norman Glassberg Jean Graham Highline Vail Realty Partners LLC Robert Kaminski John & Serena Liew Walter Loewenstern Schedule No. R043064 R014579 R028861 R049672 R048535 R046444 R048569 ROll 733 R041506 R044022 R050746 R050747 R052124 R016275 R060812 R0440 18 R053812 ROll67l 5 05/11/2010 Luhoff Enterprises Susan Noble Ronald & Anna Pavlik R. Shaw Preserve of Middlefork Farm R. Shaw Preserve of Middlefork Farm Marcia & Scott Ryles R. Shaw, Academy Woods Ltd. Vincent Sheehy William Slowikowski David Yarian R049654 R053043 ROl1598 R049663 R049664 RO 11602 R040934 RO 11606 R005931 R011576 Commissioner Stavney moved to approve resolution 2010-053 concerning hearings on taxpayer-generated petitions for abatements and refunds of taxes before the Eagle County Board of Commissioners as presented. Commissioner Runyon seconded the motion. The vote was declared unanimous. Chairman Fisher opened and closed public comment on the previous files, as there was none. Planning Files ZS-2356 Wvlaco Supply Company Adam Palmer, Planning NOTE: File withdrawn by applicant ACTION: The purpose of this Special Use Permit is for a metal rebar fabrication and contractor supply yard on the 21-acre resource-zoned property. If approved, the special use permit would amend the existing special use on the property for timber milling, supply, and storage. LOCATION: 005490 Highway 6, Gypsum Area Mr. Palmer confirmed that the applicant had withdrawn the application. The applicant found a property in Gypsum and would be vacating the property within an allowable amount of time. Chairman Fisher expressed concern with the property cleanup. She suggested that a letter be sent to the property owner requesting that any additional damage and/or existing concerns with river set backs be identified. Commissioner Stavney believed that at the end of the day this semi industrial use would end up in an area already zoned for this type of use. Other Mr. Palmer spoke briefly about the PACE (property assessed clean energy) loan program. The program, allows for energy efficient improvements on properties. The payments would be tied to the property as special assessments. He read a letter received from Fannie Mae. The letter stated that Fannie Mae/Freddie Mac uniform security instruments prohibited loans that had senior lien status to a mortgage. He believed that the issue was definition. Commissioner Runyon believed there needed to be some clarification as to whose definition was correct. Mr. Palmer stated that the loan would follow the life of the property. This would protect the lender and eliminate the upfront risk. 6 05/11/2010 Commissioner Stavney spoke about the risk factors. He believed it was the county's responsibly to air on the side of caution. He did not want the county to encourage people to be a part of a program that might put them at risk. Alex Potente explained that the critical component of these programs was the savings to investment ratio. If the saving to investment ration were greater and generated surplus cash then it would effectively lower everyone's risk. Commissioner Runyon believed there were a lot of variables. The question was how specific the county needed to be and would this cost the county more to administrate. Mr. Potente stated that incomes to debt ratios were important to lenders and the intent was to have a full energy audit upfront. Mr. Palmer stated that an audit would identify the potential measures and expected cost savings. Commissioner Stavney asked Mr. Palmer what staffs recommendations were for the interim. Mr. Palmer stated that applications could still be received but the county would not be finalizing any loan documents until this issue was clearly resolved. If after a couple of weeks this issue was not resolved, the county could issue a press release stating that the county would postpone the program until there was clarity on the issue. Chairman Fisher stated that this program was an individual's determination and there would be no other recourse or accountable entity. As much as she hoped, the program would move forward she wanted the county to be cautious and conservative. Att I "D M>vi'- Y7~ '. ~~ 7 05/11/2010