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HomeMy WebLinkAboutMinutes 05/15/95 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING MAY 15, 1995 Present: James Johnson, Jr. Johnnette Phillips George "Bud" Gates Sara J. Fisher Chairman Commissioner Commissioner 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 Calendar Chairman Johnson 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) County Veterans Service Officer's Monthly Report for March, 1995. 03) Notice of Award, 1995 Centerline Marking Project 04) Notice of Award, 1995 Guardrail Project 05) Bid Acceptance for Livestock Barn at Fairgrounds, Shed Roof Addition Commissioner Gates moved to approve the Consent Calendar as read. Commissioner Phillips seconded the motion. The vote was declared unanimous. Resolution 95-53, KIP AND WENDY KOSKI Jim Fritze, County Attorney, presented Resolution 95-53, authorizing drawin~ on the Letter of Credit for Kip and Wendy Koski, Ha:rmony View Subdivlsion. He explained the existing collateral will expire before the warranty period. Mr. Fritze stated the Koski's have not responded to correspondence from Staff. Commissioner Phillips moved to authorize Staff to draw on the Letter of Credit if a new letter has not been submitted prior to May 20, 1995. Commissioner Gates seconded the motion. The vote was declared unanimous. Resolution 95-54, CLASSIFICATION AND COMPENSATION PLAN Jack Lewis, County Manager, presented Resolution 95-54, authorizing adoption of classification and compensation plan for all County employees and amendments to the Personnel Poliey. Chairman Johnson explained he feels the bonus should be able to be taken in one installment as compared to the two payments stated in this new poliey. Commissioner Gates moved to approve Resolution 95-54, authorizing adoption of classification and compensation plan for all county employees and amendments to the Personnel Poliey. Commissioner Phillips seconded the motion. The vote was declared unanimous. VAIL BEAVER CREEK JET CENTER HANGAR Dan ReYnolds, Airport Manager, presented the Vail Beaver Creek Jet Center Hangar, Number 4 site plan approval. Mr. ReYnolds stated he expected Mr. Colby to be present representing the airport operation. Cralg Colby, Vail Beaver Creek Jet Center, described the site application for the proposed new han~er. Mr. Colby explained the proposed hangar is the same size as the existlng hangar and the area between the hangars is exactly the same size as presently, being 418 feet by 250. Mr. ReYnolds reiterated it is the same size as hangar #2. The building is metal and the same colors as the others. He stated entrance into the 1 building will be from the front side with the landscaping bid at approximately $20,000. Mr. ReYnolds stated the original concerns have been addressed. Commissioner Gates moved to approve Vail Beaver Creek Jet Center Hangar #4. Commissioner Phillips seconded the motion. The vote was declared unanimous. Jim Fritze reminded the Board this approval does not negate the need for approval from the Building Department. AGREEMENT, ELAM CONSTRUcrION Don Fessler, Director of Road of Bridge, presented and agreement with Elam Construction for the 1995 paving project. Commissioner Phillips moved to approve the agreement with Elam Construction in the amount of $297,958.25 for the 1995 Paving Project. Commissioner Gates seconded the motion. The vote was declared unanimous. DECLARATION OF COVENANTS, BERRY CREEK RANCH Mary Jo Berenato, Assistant County Attorney, presented the amended and restated Declaration of Restrictive Covenants, Conditions and Restrictions for Berry Creek Ranch Subdivision, Filings 1,2,3 and 4. She referred to article 3, section 4 regarding the restatement, found on page 7 dealing with changes in land use category. She stated the concern is there is no mention of the Board of County Commlssioners or County Regulations. Ms. Berenato suggested this document be rewritten. Kevin Lindahl, Attorney for the applicant, suggested their intention was to allow the homeowner the opportunity to make changes. He believes anyone wanting to change the land use must still go through the County process. He stated they have rewritten this documentation and mailed it out to all homeowners within the Berry Creek Subdivision and to do so again with an amendment would be a costly endeavor. He stated their purpose today is an effort to enforce the mechanisms in place for a homeowners organization. Ms. Berenato explained the new PUD guide will take ninety days to produce. She believes this new document will cause confusion as lt will pre- exist before the new PUD guide is complete. Commissioner Gates asked what the time frame would be if presented separately. Burt Mochel, representing the applicant, stated he believes the association must be up and running before this next building season is in full force. He pointed out the addendum'S are identical to those approved for Eagle Vail in 1992. He believes there is no conflict as on page 12 it clearly indicates the County loses no control as the ap~roving board. Chairman Johnson questloned some of the vagueness ln the covenants, particularly those concerning animals. He questioned the number of animals a person can have? Mr. Mochel responded it is based on County regulations. He stated it is not a county concern to enforce the covenants. Chai:rman Johnson stated the applicant however, is asking for the Board's approval of the covenants. Jim Fritze stated there are specific restrictions for areas that pertain to fa:rm animals. He went on to applaud the applicant in their efforts and in separating the covenants from the PUD guide. What is not yet clear, however, is who has the power to enforce what is currently in place. In the interim it is iIT1I?ortant they not leave themselves without coverage of enforcement. KeVln Lindahl suggested a statement be added that the enforcement will continue Jim Fritze suggested the hearing be conducted today and the Resolution be postponed to tomorrow so changes can be included. Chai:rman Johnson questioned a second aspect regarding on street parking. Mr. Lindahl stated the more restrictive party would have authority. Chairman Johnson questioned if the homeowners authority would have authority over County roads. Diane Hagan, property owner at Singletree expressed concerns with the protective covenants and believes there are both good and bad aspects. She 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 referred to letters sent to the homeowners and the newspaper articles inferring there has been no authorized committee. She referred to the legal enforcement of an individual should they have a particular problem. Ms. Hagan stated she believes the Design Review Committee already holds the authority and amendments to that committee make the best sense. She believes the power given to a small group of individuals is not appropriate. Ms. Hagan further explained various scenarios which she feels demonstrate potential for abuse. She asked the Board not approve the protective covenants as presented. Mr. Mochel responded the current covenants provide the Design Review Committee be appointed by the Berry Creek Homeowners Association. He stated one of the motivations is the Berry Creek Metropolitan Board's authority does not allow governing powers, nor do the current covenants allow them to appoint the existing Design Review Committee. He stated there are approximately 850 property owners currently. Chairman Johnson asked who was SPI. Mr. Mochel responded Singletree Property, Inc. Chairman Johnson questioned who were the respondents to the mailing. Mrs. Hagan referred to the documents presented her when she purchased the property in filing 4 reflecting the authority of the Design Review Board. Mr. Mochel again stated that because there is no longer a developer, there is difficulty in administering the covenants. Mrs. Hagan again stated her concern with the small number of individuals who will make up the association and have the ability to change rules and regulations. Don Hagan, Singletree homeowner, asked if the Board had seen the cover letter that was sent to the property owners as well as the Bylaws. The Board responded they nor the Attorney's office had seen that information. Mary Ellen Cope, president of the Berry Creek Metropolitan Board, asked the Board approve these covenants and stated the Metro Board enthusiastically supports these measures. Rick Rosa, property owner and developer, believes the covenants in this form are an excellent example of covenants and believes that they will enhance the development. Discussion continued on the proposal. Commissioner Gates moved the Declarations of Covenants for Berry Creek Ranch to table to May 22, 1995. Commissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Phillips moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Gates seconded the motion. The vote was declared unanimous. Fireside Lodge Earlene Roach, Liquor Inspector, presented a renewal of a Hotel and Restaurant License with Extended Hours for Gwendoln Braatz, dba/Fireside Lodge. She stated on October 31st the bartender and the establishment were cited for over service. She stated the applicant has plead not guilty and requested a jury trial which will not be until August 1995. Staff recommended a voluntary two day suspension of the license. Commissioner Phillips questioned the Board asking for a two day suspension before the Courts decide to uphold the citations. GwendolYn Braatz, applicant, stated she feels a voluntary suspension would mean she was guilty before having a chance to tell her side. Bob Loeffler, Assistant County Attorney, stated the option would be for the Local Liquor Licensing Authority to call Braatz back in for a show cause hearing, which would allow her to tell her story. Mr. Johnson summarized his opinions and stated he does not believe it is in the Board's best judgement to authorize a renewal to any applicant who has a hearing pending regarding over service. He suggested the Board deny the 3 renewal of this application until a show cause hearing can be scheduled. Ms. Braatz volunteered to suspend the sale of liquor for the next two days. .. d h" f th . . d CommlSSloner Gates move to approve t e Llquor Llcense or e FlreSl e Lodge, notin~ the ap~licant has agreed to a voluntary two day suspension. Commissloner Phllli~s seconded the motion. Commissioner Phillips and Gates voting aye and Chalrman Johnson voting no. Splendido's Earlene Roach presented a change in corporate structure for vista Hospi tali ty, Inc., dba/ Splendido ' s . She stated the applicant is changing presidents and the new applicant is of good morale character. commissioner Phillips moved to approve the Change in Corporate Structure for Vista Hospitality, Inc. dba/Splendido's. Commissioner Gates seconded the motion. The vote was declared unanimous. El Jebowl Earlene Roach presented a renewal of a Tavern License with Extended Hours for El Jebowl, Inc., dba/El Jebowl. She stated the application is in order, all fees have been paid, an inspection was made of the premises and all was in order. She info:rmed the Board the kitchen is currently being leased to another individual and stated Staff does not have a concern as long as food is being served while the establishment is open. Glen Harris, applicant, stated the lease agreement between himself and the lessee of the kitchen does require food service at all times. Commissioner Phillips moved to approve the renewal of a tavern license for El Jebowl, Inc., dba/'El Jebowl. Chairman Johnson seconded the motion. Commissioners Johnson and Phillips voting aye and commissioner Gates abstaining. Shrine MOuntain Inn Earlene Roach stated the next item on the agenda was a renewal for Gore Range Foodworks, Inc., dba/Shrine Mountain Inn. She stated there is a problem with the lease and the applicant is requesting this matter be tabled to June 5, 1995. Commissioner Gates moved to table the renewal of liquor license for Gore Range Foodworks, Inc., dba/Shrine Mountain Inn to June 5, 1995, at the applicants request. commissioner Phillips seconded the motion. The vote was declared unanimous. Mulligan's Earlene Roach presented a renewal of a Hotel and Restaurant License with Extended Hours and Optional Premises for Ea~le-Vail Metropolitan District, dba/Mulligans. She stated the ap~lication lS in order. An inspection was made of the premised and all was ln order. Ms. Roach stated Ray Merry, Environmental Health Officer, has requested this application be approved conditional upon a re-inspection by his office. Ray Merry, Environmental Health Officer, stated at the last inspection there were items needing changed. He stated the Manager of the establishment has info:rmed his office those items have been taken care of, but he would like the opportunity for his Staff to re-inspect the facility. Chai:rman Johnson suggested the file be tabled to next week. Commissioner Gates moved to approve the renewal of the liquor license conditional on a positive inspection of the facility by Environmental Health. Commissioner Phillips seconded the motion. The vote was declared unanimous. Eagle'S Nest Restaurant Earlene Roach stated the next item on the agenda was a modification of premises for Vail Food Services, Inc., dba/Eagle'S Nest. She explained the 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 proposed changes to the Board. Tamara Underwood and Jim Mandel, counsel for the applicant, clarified the areas of the facility to be licensed. Mrs. Roach explained Staff's concern with the open area and recommended the proposed outside area be fenced with one opening. Ms. Underwood stated the ambiance of the area does not lend itself to fencing. She implied there is adequate staffing to control the area. Bob Loeffler suggested that perhaps restricting that area during the proposed summer use would help. Jim Mandel su~gested the last thing he would like to do is look for an optional premise llcense. He stated he believes the restriction of a fence would severely hinder the o~eration of the area. Commissioner Phillips lndicated she believes that signage would be an appropriate means of controlling the premises. Chai:rman Johnson asked what the difference would be between this application and an application with optional premise. Bob Loeffler questioned if this application was for summer use only. Ms. Underwood answered yes and explained in winter the liquor consumption is virtually kept to the third floor location. Sara Fisher, County Clerk & Recorder, spoke to two concerns regarding this liquor license, the first being the licensing of the premise on a year round basis as control is an issue and question the need for an optional premise license for the area previously known as the Dog Haus site. Commissioner Johnson stated he believes this application is what he considers a true optional premise. Commissioner Phillips moved to approve the modification of premises for Vail Food Services, Inc., dba/Eagle'S Nest with the condition there be signage every fifty feet on the outside area. Commissioner Gates seconded the motion. Commissioners Gates and Phillips voting aye and Commissioner Johnson voting no. Beaver Creek Food Service, Inc. Earlene Roach presented a change in corporate structure for Beaver Creek Food Services, Inc. She stated the applicant is replacing Chris French with Beth Sloan. She stated the Sheriff's Office reports Ms. Sloan is of good moral character as reported by the Sheriff's department. Commissioner Gates moved to approve the change in corporate structure for Beaver Creek Food Services. Commissioner Phillips seconded the motion. The vote was declared unanimous. Cordillera Golf Club Earlene Roach presented a new application for Hotel and Restaurant License with Extended Hours and Optional Premises for Gemsa Corporation, dba/Cordillera Golf Club. She stated her only concern is with control on the golf course but related the applicant has assured Staff all areas of the licensed premises will be controlled. Mark Avery, Vice President of GEMSA Corporation and the manager of the golf club showed colored photographs of the area and related the golf course will be separated into four separate licensed premises. He indicated signage will be obvious at the crossings which will in turn allow for ample control. Bob Loeffler spoke to the issue of the public roads which will be crossed regularly. Commissioner Phillips questioned the fact this is a private golf course. Ms. Roach stated the golf business can be private but the liquor business must be public. Chairman Johnson suggested the neighborhood be established as the Cordillera PUD. Commissioner Phillips moved to approve the established area as the Cordillera PUD. Commissioner Gates seconded the motion. The vote was declared unanimous. 5 Commissioner Gates asked about the proximity of the Club House to the Pro Shop. Mark Avery explained the location as well as the map of the premises. Chai:rman Johnson questioned the need to license the office space. Mr. Avery explained often members chose to go the manager's office with a drink in hand. Commissioner Gates moved to establish need based on the petition submitted. Commissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Gates moved to approve a hotel and restaurant license with extended hours and optional premises for GEMSA Corporation, dba/Cordillera Golf Club. Commissioner Phillips seconded and the motion. Commissioners Phillips and Gates voting aye and Commissioner Johnson voting no. Eagle Springs Golf Club Earlene Roach presented an application for hotel and restaurant license with extended hours and optional premises for Eagle Springs Golf Club. She related the only concerns of Staff was the control issue on the golf course. Allen Dill, Attorney for the applicant, presented petitions signed for dete:rmining the need. Commissioner Gates asked if the Wolcott planned area could be used to establish the neighborhood. Commissioner Gates moved to establish the neighborhood as the Wolcott planned area. Commissioner Phillips seconded the motion. The vote was declared unanimous. Mr. Dill explained the applicant would like to open the premise based on the outlined maps. Mike Siner, manager, explained the diagrams submitted. Mr. Loeffler questioned the optional premises in respect to the golf course area. He asked if it was the applicants proposal to provide at least 48 hours notice before each use. Chai:rman Johnson questioned the public'S use of the facility as well as the licensin~ of the entire facility. Commissloner Gates moved to establish the needs of the neighborhood based on the petition submitted. Commissioner Phillips seconded the motion. The vote was declared unanimous. commissioner Phillips moved to approve an application for hotel and restaurant license with extended hours and optional premises for Eagle Springs Golf Club. Also approval of the manager Fred Green. commissioner Gates seconded the motion. Commissioners Phillips and Gates voting aye and Chairman Johnson voting no. commissioner Phillips moved to approve Mark Avery as the Manager of GEMSA Corporation. Commissioner Gates seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until May 16, 1995. 6