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HomeMy WebLinkAboutMinutes 08/03/93 RECORD OF PROCEEDINGS 100 Leaves FORM 50 C. F. HOECKEL B. B. &: l. CO. PUBLIC HEARING AUGUST 3, 1993 Present: George "Bud" Gates James Johnson, Jr. Johnnette Phillips Mary Jo Berenato Sara J. Fisher Chairman comnissioner Corrrnissioner Deputy County Attorney Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Corrmissioners for their consideration: comnissioner Phillips moved to adjourn as the Board of County Corrmissioners and reconvene as the Local Liquor Licensing Authority. commissioner Johnson seconded the motion. The vote was declared unanimous. 4-Eagle Ranch Mary Jo Berenato, Deputy County Attorney, presented a transfer of ownership for 4 Eagle Ranch, Inc., dba/4 Eagle Ranch. Tom Bachus, applicant, informed the Board the liquor license was originally in his name and is now being changed into the Corporation'S name, of which he is the sole shareholder. Ms. Berenato stated this relates to the County trying to bring all liquor establishments on line. She stated Mr. Bachus has been very cooperative in working with the County. She requested the Board waive the County's processing fee. Mr. Bachus presented the premises map to the Board stating he is the only one in the County who has a stand alone optional premises license, in which he is allowed to serve anywhere on his 595 acres. Mary Jo Berenato stated the Sheriff's Office shows no complaints or disturbances. She stated there are still back taxes of $222.05. She stated the Denver Water Board owns the property, which would nonnally be a tax exernpt property, but the taxes nm with Mr. Bachus. Ms. Berenato informed the Board the Denver Water Board is challenging the fact the property is taxed at all. Corrmissioner Johnson stated he would prefer to prorate the fees. Corrmissioner Phillips suggested the renewal fees be collected and the processing fees be waived. The Board concurred to pass on this matter until later in the day. Wolcott Liquors Mary Jo Berenato presented a modification of premises for Wolcott Liquors. Jan Jouflas, ap~licant, explained the modification to the Board and stated the modificatlon has already occurred, but she did not know she needed to submit a modification. The Eagle County Sheriff's Office reports no cornplaints or disturbances during the past year. . Commissioner Johnson moved to approve the modification of premises for Wolcott Market, Ltd., dba/Wolcott Market and Wolcott Liquor. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. 4 Eagle Ranch Sara Fisher, Clerk and Recorder, informed the Board Mr. Bachus submitted his transfer of ownership prior to the renewal of liquor license. She recorrmended the annual renewal fee of $128.75 be collected the Board waive the $450.00 for the transfer of ownership. Ms. Berenato stated the other issue before the Board is payment of personal ~ro~erty taxes. COITmlss~oner Phillips moved to approve the transfer of ownership for 4 Eagle Ranch, Inc., dba/4 Eagle Ranch, with the condition the taxes are paid within sixty days. Corrmissioner Johnson seconded the motion. The vote was declared unanimous. Szechuan Gardens, Ltd. Mary Jo Berenato presented a renewal of a Beer and Wine license for Szechuan Gardens, Ltd., dba/Sichuan Chinese Restaurant. Hsueh Wang, applicant, was present at the hearing. Ms. Berenato stated the County Liquor Inspector has visited the site and found the food service license and federal tax stamp was not posted. The inspector was informed these two items would be taken care of. She stated all taxes have been paid and the Sheriff'S Office reports no complaints or disturbances during the past year. Corrmissioner Johnson moved to approve the renewal of a Beer and Wine License for Szechuan Gardens, Ltd.,/dba Sichuan Chinese Restaurant. corrmissioner Phillips seconded the motion. The vote was declared unanimous. Kaivo, Inc. Mary Jo Berenato presented a renewal of Hotel and Restaurant License, with Extended Hours and Optional Premises for Kaivo, Inc. dba/ Bristol at Arrowhead. Jim King, applicant, was ~resent at the hearins. Ms. Berenato stated the L~quor Inspector did v~sit the site and informed the applicant the sales tax license, food service license and federal tax stamp need to be posted in a conspicuous location. Mr. King informed the Board those i terns have been posted. Ms. Berenato stated all property taxes have been paid and the Sheriff's Office re~orts no complaints or disturbances during the past year. Comrrassioner Phillips moved to approve the renewal of liquor license for Kaivo, Inc., dba/Bristol at Arrowhead. corrmissioner Johnson seconded the motion. The vote was declared unanimous. Resort Restaurant Management Limited Liability Company Ms. Berenato presented a renewal of a Hotel and Restaurant license with Extended Hours for Resort Restaurant Management Limited Liability Company, dba.Beaver Trap Tavern. She stated the applicant has paid all personal property taxes. Gladys Funke, representing the owner of St. James Place, stated the taxes were paid by the owner. MS. Berenato stated Beaver Creek Security has contacted the Sheriff's Office complaining about the noise coming from Beaver Trap Tavern. The Eagle County Sheriff's Office investigated, had no further complaints and the issue was dro~ped. Ms. Berenato stated the County Liquor Inspector made an inspect~on of the premises and found three bottles with foreign objects, which the bartender voluntarily discarded. Paul Murray, applicant, stated it was probably mold in the bottles. corrmissioner Johnson moved to approve the renewal of liquor license for Resort Restaurant Management Company, dba/Beaver Trap Tavern. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. Beconta, Inc. Mary Jo Berenato ~resented a renewal and modification of premises of a Hotel and Restaurant l~cense for Beconta, Inc., dba/Opinions Down Valley Bistro. Michael Barca, applicant, was ~resent for the hearing. 1':1s. Berenato stated in the beg~nning the entire Homestead Health Club was l~censed to allow the applicant to serve alcohol. Since that time, Staff has d~scovered they should not be allowed to serve alcohol in the Health RECORD OF PROCEEDINGS 100 Leaves FORM 50 C. F. HOECKEL B. B. &: L. co. Chili, therefore the reason for the modification. Mr. Barca presented the map of the premises to the Board and explained the modification to the Board. Ms. Berenato stated the Cormty Liquor Inspector made an inspection of the premises and formd three bottles with foreign objects floating in the alcohol. The applicant volrmtary discarded the bad bottles. The Sheriff's Office reports no complaints or disturbances during the past year. Commissioner Phillips moved to approve the modification of premises and renewal for Beconta, Inc., dba/Opinions Down Valley Bistro. Commissioner Johnson seconded the motion. The vote was declared rmanimous . Sannenalp Properties, Inc. Mary Jo Berenato presented a renewal of Hotel and Restaurant liquor license with Optional Premises and Extended Hours. Johannes Faessler, applicant, was present for the hearins. Ms. Berenato stated the Cormty Liquor Inspector made an lnspection and formd there was no valid food se:r:vice license, sales tax license, federal tax stamp and the minor warning sign need to be posted. She informed the Board the manager is also not registered with the Cormty. There was one bad bottle of alcohol that was volrmtarily discarded. Taxes have been I;'aid in full and the Eagle County Sheriff's Office reports no complaints or dlsturbances during the past year. Commissioner Johnson moved to approve the renewal of liquor license for Sonnenalp Properties, Inc., dba/June Creek Grill, conditional upon the applicant filing a manasers registration within fourteen days. ,commissioner Philllps seconded the motion. The vote was declared rmanlmous . Commissioner Johnson moved to adjourn into a recess until 10:30 a.m. to allow the remainder of the applicants to appear. Commissioner Phillips seconded the motion. The vote was declared rmanimous . Monet's Tavern, Inc. Mary Jo Berenato presented a renewal of Hotel and Restaurant liquor license with Extended Hours. Ralph Dockery, applicant, was present for the hearing. Ms. Berenato stated the County Liquor Inspector made an inspection of the premises and indicated the federal tax stamp was not posted, the manager needs to be registered with the County, which the applicant is working on. There was one bottle with foreign objects in it which the manager voluntarily discarded. Ms. Berenato stated there are concerns with over se:r:vice in 1992 and 1993. Mr. Dockery stated his bartenders have been through the TIPS course. He stated the old partners were bought out in February 1993, which he believes was part of the problem. He stated there should be less problems with over se:r:vice from now on. Commissioner Phillips moved to approve the renewal for Monet's Tavern, Inc., dba/Champions Tavern. Commissioner Johnson seconded the motion. The vote was declared unanimous. vail Food Services, Inc. Mary Jo Berenato presented a renewal of Hotel and Restaurant liquor license with Extended Hours for Vail Food Se:r:vices, Inc., dba/Wildwood Shelter. She stated the Sheriff's Office reports no complaints or disturbances during the past year. Commissioner Johnson moved to approve the renewal of liquor license for Vail Food Se:r:vices, Inc., dba/Wildwood Shelter. Commissioner Phillips seconded the motion. The vote was declared rmanimous. Rocky Mountain Enterprises, Inc. Mary Jo Berenato presented a renewal of Retail Liqt.lor Store and 3.2% Beer license for Rocky Monntain Enterprises, Inc., dba/Rancho Del Rio. She stated there have been no corrplaints or disturbances during the past year. Comrrdssioner Phillips moved to approve the renewal of liquor license for Rocky Monntain Enterprises, Inc., dbajRancho Del Rio. Corrmissioner Johnson seconded the motion. The vote was declared nnanimous . Comrrdssioner Johnson moved to adj ourn as the Local Liquor Licensing Authority and reconvene as the Board of Connty comrrdssioners. Comrrdssioner Phillips seconded the motion. The vote was declared nnanimous . Creamery Gulch Ranch Chairman Gates stated the next item on the agenda was a request to extend the Subdivision Irrprovements Agreement for Creamery Gulch Ranch and accept a new Letter of Credit. Phil Scott, Engineerin$ Technician, stated this is a request to reduce the amount of collateral belng held by the County for the }?ublic irrprovements for Creamery Gulch Ranch. He stated the applicant would llke to extend the Subdivision Irrprovements Agreements to corrplete those inprovements which were not cOITl1?lete at the last inspection by Staff. Mr. Scott stated he I?erformed an on-slte inspection and concurred wlth the applicants representatlons on the amonnt of work being done. He recorrmended the Board extend the Subdivision Irrprovements Agreement and reduction of collateral. Ken Long, representing the applicant, informed the Board the irrprovements on Creamery Gulch are not public inprovements but instead are on a private road within a private subdivision. He stated the applicant believes a subdivision irrprovements agreement is not needed. He questioned why the Board needs collateral for a private road. Mary Jo Berenato stated the Attorney's Office will check into the matter. Mr. Scott stated whether private or public, this area is open to the public and the Connty needs to assure the inprovements will be conpleted. Comrrdssioner Johnson stated whether I?ublic or private, the Board has required collateralization and a Subdivislon Irrprovements Agreement. Comrrdssioner Phillips stated there have been }?roblems with incorrplete irrprovements regardless of being a public subdivislon or a private subdivision. Corrmissioner Phillips moved to approve the request to extend the Subdivision Irrprovements Agreement for Creamery Gulch Ranch and accept the new Letter of Credit in exchange for release for present letters of credit, totaling $300,000.00. comrrdssioner Johnson seconded the motion. The vote was declared nnanimous . Comrrdssioner Phillips moved to adjoum as the Board of Connty Comrrdssioners and reconvene as the Local Liquor Licensing Authority. Comrrdssioner Johnson seconded the motion. The vote was declared nnanimous . Yarmony, Inc. Mary Jo Berenato presented a modification of premises for Yannony, Inc., dba/State Bridge Lodge. vicki Dively, aI?plicant, presented the Board with a map of the proposed premises. She explalned the modification to the Board. M~. Berenato stated the inside of the building has a ~apacity for approxlmately 90 people. She stated the Eagle Connty Sherlff's Office has noted over crowding at the Lodge which generally leads to over serving. Ms. Dively stated all her staff keep a close eye on the patrons. She stated she would work out a plan to keep the crowd flowing at the Lodge so they would not all be in the same place at the same time. Comrrdssioner Johnson moved to approve the modification of premises for RECORD OF PROCEEDINGS 100 Leaves FORM 50 C. F. HOECKEL 8. B. 8: L. CO. Yannony, Inc., dba/State Bridge Lodge. Commissioner Phillips seconded the motion. The vote was declared nnanimous . Commissioner Jormson moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Corrmissioners. corrmissioner Phillips seconded the motion. The vote was declared unanimous. Partial Release of Collateral, Cordillera Phil Scott presented a request for partial release of collateral for Cordillera, Filing #6. He infonned the Board Staff has made site inspections and find part of the irrprovements have been corrpleted. He stated the applicant is requesting the Board accept a contract with the utility corrpanies as collateral. Mr. Scott stated the amonnt of collateral being requested to be released, without acknowledging the proposed contracts as part of the collateral, the irrprovements fell short of the amonnt of money being requested to be released. The original amonnt being requested to be released was $1,353,850.00, which Staff was able to verify an amonnt slightly over that figure, accepting the contracts. Debbie Duley, applicant, stated the request has been revised reducing the amonnt of the contract to only include work corrpleted and not proposed work included on the contract. corrmissioner Jormson asked about the actual amonnt the Board would be releasing. Phill Scott stated the amonnt the Board would be releasing would be $1,353,850.00. Ms. Duley presented a letter from Chris Williams indicating all vaults and conduits to provide the electrical and telephone service have been installed as per plans and specifications. Jim Fritze asked if the County was retaining sufficient collateral to finish the irrprovements. Mr. Scott answered yes. Commissioner Phillips moved to approve the of collateral for $1,353,850.00 for Cordillera, Commissioner Jormson seconded the motion. nnanimous . request for partial release Filing #6. The vote was declared Town of Gypsum, Animal Control Bob Schlegel, Animal Control, presented an Intergovernmental Agreement between Eagle Connty and the Town of Gypsum for animal control. He stated the contract is for a total amonnt of $3,600.00 with the nnderstanding that amonnt applies to the activities for the remaining months of this year. Commissioner Jormson moved the Board approve the acceptance of the Intergovernmental A$reement with the Town of Gypsum for a total amonnt of $3,600.00. The Chall:man shall be authorized to sign said contract. . Commissioner Phillips seconded the motion. The vote was declared nnanimous . SU-10S-93-Fl, Highland Woods at Highland Meadows Sid Fox presented file number SU-105-93-F1, final plat approval for Highland Woods at Highland Meadows. He stated this matter was tabled at the previous hearing to allow Staff time to review the Subdivision Irrprovements Agreement. Staff recommended tabling this matter to August 10, 1993 to make last minute corrections to the plat and Subdivision Irrprovements Agreement. Commissioner Jormson moved to table file number SU-105-93-F1, Highland Woods at Highland Meadows to August 10, 1993, at the applicants request. Commissioner Phillips seconded the motion. The vote was declared nnanimous . Commissioner Phillips moved to adjourn as the Board of Connty Corrmissioners and reconvene as the Board of Equalization. Chairman Gates seconded the motion. Of the two voting Corrmissioners the vote was declared unanimous. Corrmissioner JOImson had left the meeting. Board of Equalization Mary Jo Berenato presented Resolution 93-E-4, concerning the decisions of the Board of Equalization Hearing Officer. She read the schedule numbers as follows: 12293 12294 17131 25102 16100 32989 8813 7195 14726 16458 16459 16461 16464 16466 9490 11888 11681 11682 33610 29291 26203 10393 39690 6603 16330 17299 31904 11552 12738 32323 31654 310 19223 12202 32472 12201. Corrmissioner Phillips moved the Board approve the schedule numbers as read by Deputy County Attorney, at the recorrmendation from the Board of Equalization Hearing Officer. Chairman Gates seconded the motion. Of the two voting corrmissioners the vote was declared unanimous. 17228 10526 15190 16462 8390 29294 6317 18304 8035 10443 19222 8793 8814 16457 16463 29293 29292 8320 26193 POl1451 13095 39586 There being no further business to be brought before the Board the meeting was adjourned until August 9, 1993. Attest: ~ _ A ---;0.-1 -:// .// -. / .a:-{~ .~ .. "y A--/