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HomeMy WebLinkAboutMinutes 01/10/94 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING JANUARY 10, 1994 Present: George "Bud" Gates James Johnson, Jr. Johnnette Phillips Jack Lewis Jim Fritze Sara J. Fisher Chainnan corrmissioner corrmissioner County Manager 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: Consent Calendar Chainnan Gates opened the meeting with the first item on the agenda, the consent calendar as follows: 01) Bill paying, subject to review by County Manager 02) Agreement between Eagle County and The Resource Center for Healthy Babies and Families Program 03) Maintenance Agreement between Eagle County and Aviation Systems Maintenances, Inc. for navigational aid 04) Lease Agreement between Eagle County and State of Colorado for airport rescue firefighting vehicle for use of the State's ARFF vehicle should Eagle County become out of service 05) Certlfication of Completion for Hillcrest Drive Bridge. Commissioner Johnson asked for clarification on item number four (4). He questioned if the Resolution should be included with the agreement. He questioned item number five (5), if it was a cash contribution or was there in-kind services as well. Lloyd Powers, Surveyor, stated the contribution was cash. Commissioner Johnson moved to approve the consent calendar, items one (1) through five (5). Number four (4) includes the authorization for the Chainnan to sign the Resolution included in the lease agreement. Comnissioner Phillips seconded the motion. The vote was declared unanimous. commissioner Phillips moved to adjourn as the Board of County Corrmissioners and reconvene as the Local Liquor Licensing Authority. Corrmissioner Johnson seconded the motion. The vote was declared unanimous. Mulligan's Mary Jo Berenato, Del?uty County Attorney, presented a managers registration for Eagle-Vall Metropolitan District, dbajMulligans. She stated the new manager will be Thomas E. McNally, who was present at this hearing. Ms. Berenato questioned Mr. McNally on past experience in the liquor industry. John Nichols, president of the Eagle-Vail Metropolitan District, explained the reason for the delay in processing the managers registration. Ms. Berenato stated all documents were in order and recomnended the Board approve the aPl?lication. Comnissioner Phlllips moved to approve the managers registration for Thomas E. McNally for Eagle Vail Metropolitan District, dba7Mulligans. Comnissioner Johnson seconded the motion. The vote was declared unanimous. 1 Broken Arrow Cafe Mary Jo Berenato presented a transfer of ownership and managers registration for Beaver Creek Food Services, Inc., dba/Broken Arrow Cafe. She stated the manager is Craig Carrpbell who is present at this hearing. Ms. Berenato questioned Mr. Carrpbell on his past experience in the restaurant business. Ron Baker, Paralegal for Vail Associates, explained the transfer of ownership for Broken Arrow Cafe. He stated Vail Associates purchased Arrowhead Ski Corporation, which included Broken Arrow Cafe. Ms. Berenato stated the County Liquor Inspector made an on-site inspection of the establishment and has worked out an agreement with the applicant for operations to continue with construction of a full kitchen facility. She read conditions reconmended by the County Inspector as follows: 01) The establishment shall close after the end of ski season, April 3, 1994 and construction will inmediately begin on the kitchen facility. The kitchen facility shall be operational by the beginning of the 1994 Skl season or re-opening of the establishment, whlchever occurs first. 02) All three hand sinks shall be used for their proper usage not for supply storage. 03) Some food may be catered but only from another establishment licensed by Vail Associates, with approval from Environmental Health. 04) No mops, buckets, brooms, etc. shall be kept in the kitchen area. commissioner Johnson stated he would like to add another condition: 05) No alcohol shall be served without having a limited or mini menu approved by the County Liquor Inspector. This menu shall be available for all hours of operation. Commissioner Johnson moved to approve the transfer of ownership for Beaver Creek Food Services, Inc., dba/Broken Arrow Cafe with the following conditions: 01) The establishment shall close after the end of the ski season, April 3, 1994 and construction shall begin on the kitchen facility. This facility shall be co~lete and operational before the re-opening of ski season or the re-openlng of the establishment, whichever is first. 02) All three hand sinks shall be used for their proper usage, rather than storage of supplies. 03) Some foods may be catered, but only from another Vail Associates licensed establishment, with approval from Environmental Health. Some food shall be prepared as discussed. 04) No mop buckets, mops, brooms, etc shall be kept in the kitchen area. 05) A limited or mini menu shall be approved by the County Liquor Inspector and shall be available during all times of alcohol service. commissioner Phillips seconded the motion. The vote was declared unanimous. commissioner Phillips moved to approve and authorize the Chairman to sign a managers registration for Craig Carrpbell, manager of Beaver Creek Food Services, Inc., dba/Broken Arrow Cafe. Commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to adj ourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Phillips seconded the motion. The vote was declared unanimous. Resolution 94-05 Karen Shaeffer, Deputy Treasurer, presented Resolution 94-05, notification to the State Treasurer to Distribute Federal Mineral Leasing Funds. She explained the Resolution to the Board. commissioner Philli~s moved to approve Resolution 94-05, notification to the State Treasurer to dlstribute Federal Mineral Leasing Funds. Commissioner Johnson seconded the motion. The vote was declared unanimous. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Resolution 94-06 Mary Jo Berenato presented Resolution 94-06, authorizing the first partial release of collateral for Cordillera, Filing #3. She stated the applicant is requesting a reduction by $350,771.67, which leaves a balance remaining of $94,098.32. Ms. Berenato stated the original letter of credit was in the amount of $444,869.99. She stated the applicant has submitted a new letter of credit. Phil Scott, Engineering Technician, stated alot of the work in Filing #3 has been completed and the base and paving is the remaining improvements. He stated Staff concurs with the retainage and recommended the Board approve the reduction of collateral. conmissioner Johnson moved to approve Resolution 94-06, authorizing the first ~artial release of collateral for Cordillera Subdivision, Filing #3, releaslng $350,771.67, leaving a balance of $94,098.32. Commissioner Phillips seconded the motion. The vote was declared unanimous. Resolution 94-07 Mary Jo Berenato presented Resolution 94-07, authorizing the third partial release of collateral for Cordillera Subdivision, Filing #7, Phase I and II. She stated the original letter of credit was in the amount of $271,183.27. Ms. Berenato stated the applicant is requesting a reduction of $210,084.32, leaving a balance of $61,098.95. She stated a letter of credit has been submitted. Phil Scott stated Staff agrees with the reduction of collateral and recommend the Board approve the Resolution. conmissioner Phillips moved to approve Resolution 94-07, authorizing the first partial release of collateral for Cordillera Subdivision, Filing #7, Phase I, releasing $210,084.32, leaving a balance of $61,098.95. Conmissioner Johnson seconded the motion. The vote was declared unanimous. Resolution 94-08 Mary Jo Berenato presented Resolution 94-08, authorizing the first partial release of collateral for Cordillera Subdivision, Filing #7, Phase II. She stated the original letter of credit was in the amount of $661,899.41. Ms. Berenato stated the applicant is requesting a reduction of $351,367.77, leaving a balance of $310,531.64. She informed the Board the applicant has submitted a new letter of credit. conmissioner Johnson moved to approve Resolution 94-08, authorizing the first partial release of collateral for Cordillera Subdivision, Filing #7, Phase II, the amount to be released is $351,467.77, leaving a balance of $310,531.64. Commissioner Phillips seconded the motion. The vote was declared unanimous. Resolution 94-09 Mary Jo Berenato presented Resolution 94-09, authorizing the first partial release of collateral for Cordillera Subdivision, Filing #8. She stated the original amount of collateral was $1,683,367.07. She stated the subdivider is requesting a release of $344,191.87, leaving a balance of . $1,339,175.20. Ms. Berenato stated a new letter of credit has been submitted. Commissioner Phillips moved to approve Resolution 94-09, authorizing the first ~artial release of collateral for Cordillera Subdivision, Filing #8, releaslng $344,191.87, leaving a balance of $1,339,175.20. . Conmissioner Johnson seconded the motion. The vote was declared unanlmous. 3 Resolution 94-10 Mary Jo Berenato presented Resolution 94-10, authorizing the first partial release of collateral, Cordillera Subdivision, Filing #5, Golfcourse. She stated the original letter of credit is in the amount of $252,000.00 and the applicant is requesting a reduction in the amount of $226,800.00, leaving a balance of $25,200.00. Ms. Berenato stated a new letter of credit has been submitted. corrmissioner Johnson moved to approve Resolution 94-10, authorizing the first partial release of collateral, Cordillera Subdivision, Filing #5, Golfcourse, reducing the collateral by $226,800.00, leaving a balance of $25,200.00. corrmissioner Phillips seconded the motion. The vote was declared unanimous. Resolution 94-11 Mary Jo Berenato presented Resolution 94-11, authorizing substitution of collateral for Cordillera Subdivision, Filings #1 and #2. She stated the Board originally accepted collateral in the amount of $692,000.00. Ms. Berenato stated the applicant is requesting a release of a certain certificate of deposit, which will be substituted by a letter of credit in the amount of $182,000.00. Corrmissioner Phillips moved to approve Resolution 94-11, authorizing substitution of collateral for Cordillera Subdivision, Filings #1 and #2, releasing certificate of deposit number 804202 and replacing it with a letter of credit in the amount of $182,000.00. corrmissioner Phillips seconded the motion. The vote was declared unanimous. Eagle COlUlty Ambulance Parmi. t Mary Jo Berenato presented a request for the Eagle County Ambulance Permit. She stated the Nursing Office and Dr. Philip Freedman, Eagle County Health Officer have inspected the ambulances. She stated this is the same contract as entered into in previous years. Corrmissioner Johnson questioned the expiration date on the 1993 contract and asked if the Ambulance District was currently operating without a license. Ms. Berenato stated the ambulance district has continued to operate since October 1993. corrmissioner Johnson moved to approve the Eagle County Ambulance Permit Licensure, good through October 1994. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. Agreement, Regis Uni versi ty Mary Jo Berenato presented a Nursing Affiliation Agreement between Eagle County Department of Nursing and Regis University. She stated this contract is the same as the agreement in 1993, which basically allows the Nurses to obtain ~erience at Ea~le County. Cormussioner Philllps moved to approve the Nursing Affiliation Agreement between Eagle County Department of Nursing and Regis University. Corrmissioner Johnson seconded the motion. The vote was declared unanimous. Lease, Western Eagle COlUlty Ambulance District Mary Jo Berenato presented a lease agreement between Eagle County and Western Eagle County Ambulance District. She stated the lease was submitted to Mr. Ron Foss and has not been returned at this date. She requested the Board authorize the Chairman to sign the agreement upon its return to the Attorney's Office. Corrmissioner Johnson stated he would like to review the lease agreement upon its return. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 conmissioner Johnson moved to table the lease agreement with Western Eagle County Ambulance District to January 18, 1994, to be placed on the consent calendar. Conmissioner Phillips seconded the motion. The vote was declared unanimous. Open Meeting Chairman Gates stated the next item on the agenda was the open portion of this hearing. Corrmissioner Phillips moved to adjourn as the Board of County Corrmissioners and reconvene as the Local Liquor Licensing Authority. Conmissioner Johnson seconded the motion. The vote was declared unanimous. Paul Taddune, Attorney representing Orchard Inn Corporation and Papa Howard's, Inc. dba/Cilantro's, spoke concerning a temporary liquor license for Cilantro's. He stated there is a dispute with the State De}?artment of Revenue concerning the expiration of the Orchard Inn's liquor llcense. He stated prior to the expiration to the old license a check and the renewal application was sent to the Department of Revenue, which was returned to the individual who prepared the sales tax applications for the corporation. He requested the Board approve the issuance of a temporary license conditional upon the Department of Revenue agreeing due to unique circumstances. conmissioner Phillips asked if the Department of Revenue has kept the check and sent only the renewal application back. Mr. Taddune answered yes, only the renewal application was returned. Mary Jo Berenato stated the address was not corrected when the renewal was sent to the Department of Revenue the first time. She informed the Board this happens frequently with several liquor license applicants. Conmissioner Phillips asked if the temporary licenses were only local issues. Gary Bates, State Liquor Enforcement Officer, stated yes a temporary license 1S issued at the County level. Howard Gunther, applicant, stated on November 10, 1993 he became a partner in cilantro's. He explained his participation in the establishment since that time. Mary Jo Berenato asked what was the State's responsibility if the Board of County Corrmissioners decided to issue a temporary permit for this establishment. Mr. Bates stated if that were to happen the establishment would be dispensing alcohol without a legal license and the State would take the appropriate action to stop the dispensing of alcohol. Conmissioner Johnson asked how Mr. Gunther was associated with the establishment. Mr. Gunther stated he was a 50% partner. Mr. Bates stated no documentation was filed as required by law. He stated the applicant cannot submit a transfer of ownership without a valid liquor license being present. Corrmissioner Johnson stated the applicant has contacted the Attorney General and has not $otten anything settled. Corrmissioner Ph1llips moved to adjourn into "Executive Session" to discuss the issuance of a temporary permit. Corrmissioner Johnson seconded the motion. The vote was declared unanimous. After discussion, the Board reconvened from the "Executive Session." Corrmissioner Johnson stated he believes the Board cannot a}?prove a temporary permit for Cilantro's as ownership changes were not f1led and the old liquor license has been expired too long. Commissioner Phillips stated she has a problem with the hardship the applicant will incur due to the non-service of alcohol. The Board concurred to not issue the temporary permit but advised the applicant if they can submit a letter from the Department of Revenue indicating they concur with the issuance of a temporary, the Board of County Commissioners will consider it at that time. 5 Corrmissioner Phillips moved to adjourn as Authority and reconvene as the Board of County Corrmissioner Johnson seconded the motion. unanimous. the Local Liquor Licensing Corrmissioners. The vote was declared Arline Bartling, area resident, appeared to discuss a possible violation of the County Land Use Regulations because of his office in his home. He stated his business only uses telephones or fax machines. He stated no one comes to his home. Paul Clarkson, Planner, stated Mr. Bartling was in violation of the County Land Use Regulations. He informed the Board a Special Use Permit needs to be submitted and reviewed. He stated Staff does not know of all of the home occupations in the County. Jim Fritze, County Attorney, read the definition of home occupations from Eagle County Land Use Regulations. He advised the Board, if they feel changes are needed, look into the matter and amend the current regulations. The Board concurred and directed Staff to look into the matter and report back to the Board. Discussion continued on home businesses in Eagle County. There being no further business to be brought before the Board the meeting was adjourned until January 11, 1994. / ('"""." /~/, d '. /{:/. (~-d.,'u!/i../l).' ....~?t:. C~L/{/ /1 y:,~ ,/' i ' ~ J::// ~/ " Attest: ; C/ttLL/~ a?( U~Z erK to the Board 7 ~7W~ 6