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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.
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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.
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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.
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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.
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