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HomeMy WebLinkAboutMinutes 08/22/95 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL:S 387869 PUBLIC HEARING AUGUST 22, 1995 Present: James Johnson, Jr. George "Bud" Gates Mary Jo Berenato Sara J. Fisher Chairman Conmissioner Deputy County Attorney Clerk to the Board This bein$ a scheduled Public Hearing the following items were presented to the Local Llquor Licensing Authority for their consideration: CHAMPIONS TAVERN Earlene Roach, Liquor Inspector, presented a change in corporate structure and managers registration for Dolores Johnson, for Monet's Tavern, Inc., dba/Charrpions. She informed the Board this matter had previously been tabled but the renewal was aPI?roved at the last hearing. Ms. Roach indicated Ms. Johnson settled her case ln court and the only remaining issue will be her sentencing. Staff recommended approval of the change in corporate structure with notice to the applicant if there are any more liquor violations with Ms. Johnson the applicant will be brought back before this Board. Commissioner Gates moved to approve the change in corporate structure and the management registration for Dolores Johnson with the condition as stated. Chairman Johnson seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. conmissioner Phillips was out of town at meetings. RANCHO DEL RIO Earlene Roach presented a renewal of a Retail Liquor Store License and 3 .2%- Beer License for Rocky Mountain Enterprises, Inc., dba/Rancho Del Rio. Staff had no concerns and the Sheriff's Office reports no complaints or disturbances during the past year. Staff reconmended approval. Commissioner Gates moved to approve the renewal of a Retail Liquor Store and 3.2%- Beer licenses for Rocky Mountain Enterprises, Inc. dba/Rancho Del Rio. Chairman Johnson seconded the motion. Of the two voting commissioners the vote was declared unanimous. TRAPPERS CABIN Earlene Roach presented a modification of premises for Beaver Creek Food Services, Inc., dba7TraPI?ers Cabin. She stated the applicant is requesting an outside area surroundlng the cabin be included in the licensed premises. She related this is an area about 12 feet wide around the cabin. Staff's concerns are around the control issue. Staff requested more specific information about the issues of control. Staff has questioned the applicant as to their proposal and does not believe the County should license and area just in case someone walks off the porch with a drink in hand. Staff believes the applicant must control all areas and the proposal does not provide for fencing. Commissioner Johnson questioned Staff's concern with Exhibit A which identifies the methods which the applicant is proposing for control. Tamara Underwood, representing Beaver Creek Food Services Inc., introduced R. G. Jacobs, mana$er of Trappers Cabin. Ms. Underwood stated the request for modification is ln an effort to be on the same page with the County in all respects specifically as it relates to maps. Ms. Underwood asked Mr. Jacobs at what times they have managerial control when there are people at the cabin. 1 Mr. Jacobs indicated Staff is present during all waking hours. Ms. Underwood asked why the 12 foot area was necessary. Mr. Jacobs responded on the East side of the building there is a horse shoe pit the~ would like included in the licensed premises. Commissloner Gates asked if the food service people also serve alcohol. Mr. Jacobs responded yes. Chairman Johnson questioned the portion to the north which is nine feet and is marked receiving porch. He questioned what was located on the western side of the building. Mr. Jacobs responded it was a hillside and gravel. Chairman Johnson asked if the number of Staff vary with the size of the group. Mr. Jacobs stated they can only have ten people maximum in the cabin at one time. Chairman Johnson stated he is satisfied with the request for the southern and eastern sides of the building but does not see a need to license the northern and western sides of the building. Ms. Underwood stated they understand the concerns but the receiving area should be licensed as well although the western side could be eliminated. Ms. Roach informed the Board the porch is a part of the building and is currentl~ licensed. Chalrman Johnson asked if b~ licensing the building the applicant is ln fact licensin$ the deck in questlon. He stated by including the east and southern portlons and requesting those areas be fenced they would be able to provide the opportunity for signage. Ms. Underwood stated they believe they are able to maintain control without the si~age and fence and wish to maintain the mountain exclusiveness that a place llke Trappers provides. Ms. Underwood further stated the purpose of having Staff on premises is to provide an opportunity to spend time with the guests. Mr. Jacobs stated they are planning a fence as Bachelor's Gulch becomes developed probably in 1996. Commissioner Gates stated he can see where a snow fence would detract from the ambiance of the establishment. Chairman Johnson questioned the construction of a new fence in the future. Ms. Underwood indicated they will see to it the fence to be constructed provides more distinct boundaries. Commissioner Gates questioned where that fence will be. Ms. Underwood stated it will be along the east side and does not believe the front entrance will be fenced. Chairman Johnson questioned without a fence to control the area the Board needs to know what signage they intend on using and where it is to be placed. Ms. Underwood stated a sign would be placed on the northeast corner and one on the southeast corner of the licensed area. The southwest corner will be closed off with a stack of wood to provide a barrier. Ms. Berenato asked how much space was between the proposed signs. Ms. Underwood stated it would be 56 feet. Ms. Berenato asked about the area in front of the building. Mr. Jacobs stated it is a view corridor with aspen trees. Chairman Johnson questioned a sign on the south side for 60 feet. Ms. Underwood stated she believes one sign could suffice for both sides. Ms. Roach stated without signage or some type of fence there is not a distinct or definite boundary. Disc~ss~on continued on the application. COmmlSS10ner Gates moved to table the modification of premises for Beaver Creek Food Services, Inc., dba/Trappers Cabin to September 12, 1995 at 9:00. ,Cor:missioner Johnson seconded the motion. Of the two voting COmmlSS10ners, the vote was declared unanimous. SPRUCE SADDLE RESTAURANT ,Earlene Roach presented a modification of premises for Beaver Creek Food Serv~ces, In?, dbalSpruce Saddle Restaurant. She stated the area being applled for lS 2.2 acres. Staff has suggested with an area this large there 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 is concern with control. The applicant has indicated the~ intend to move around the boundary markings season to season. Staff belleves with an area this large it should either be fenced as a licensed premise or the applicant apply for an optional premises license and notify Staff as to when it will be used. Chairman Johnson asked if the applicant has a definite and distinct boundary could the applicant chose to limit the area in which alcohol is served. Ms. Roach responded yes. Ms. Underwood introduced Stephen Rose, manager of Spruce Saddle. She stated perhaps an application for a optional premises for the enlarged area would be more appropriate. She suggested this matter be tabled and they return with at a later date. Commissioner Gates moved to table the modification of premises for Beaver Creek Food Services, Inc., dba/Spruce Saddle Restaurant to September 12, 1995 at 9:00 a.m. Conmissioner Johnson seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. 'lWO ELK RESTAURANT Earlene Roach presented a modification of premlses for Vail Food Services, Inc., dba/Two Elk Restaurant. Tamara Underwood introduced Mike Fryery, manager of Two Elk, who showed the Board where fencing and signage is located on the premises. He indicated he also has employees outside of the area during the day to monitor sales and service. commissioner Gates asked if Camp One was included in this application. Ms. Underwood stated the modification was to clean up the maps for both the licensed premises and the optional premises which includes Camp One, Wok and Roll and the Dog Haus. Ms. Berenato asked about the operations in the winter. Mr. Fryery stated the operation is a winter operation and is not used in the sumner. Chairman Johnson asked if the area east of the Dog Haus was being requested for license only for the purpose of transporting alcohol. Ms. Underwood indicated some of the boundaries have been squared off to show distinct boundaries on the map. Wok-n-Roll's map was reviewed and Mr. Fryery indicated it is fenced and signed. Mr. Johnson questioned the western portion of the facility. Camp One is the last portion of the premise in question and it is also signed and fenced. Ms. Roach stated after the applicant's presentation, and the efforts they have made towards signage and fencing, Staff recommended approval. Commissioner Gates moved to approve the modification of premises for Two Elk Restaurant including the optional premises. Chairman Johnson seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Chairman Johnson commended Mike for the efforts he has made on the premises under his responsibility and thanked him for the information he provided to the Board. SADDLERIDGE AT BEAVER CREEK Earlene Roach presented a modification of premises for Beaver Creek Food Services, Inc., dba/Saddleridge at Beaver Creek. She stated the applicant is requestin$ to add an outside area to the premises. Staff has only one concern wlth the open end of the proposed area. Staff recommended approval with the installation of some type of permanent boundary. Jeff Papp, General Manager of Saddleridge, stated the opening is approximately 20 feet and it is posted with signage. He indicated the only entrance to the area is through the library located in the building. Chairman Johnson stated he does not see a need for the boundary being constructed as long as it is properly signed. 3 commissioner Gates moved to approve the modification of premises for Beaver Creek Food Services, Inc., dba/Saddleridge at Beaver Creek. commissioner Johnson seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Sarah Miller, parale$al for Vail Associates, stated she was hired in March of 1995 and would llke to respectfully request some movement be made towards additional regulations and rules be provided by the County. Chairman Johnson stated that is something he feels can be accomplished and they will strive towards that. PICASSO.S Earlene Roach presented a modification of ~remises and managers registration for Kensington Management Corporatlon, dba/Picasso's. She stated the reason for this hearing is based on the show cause hearing previously heard by the Board. The intent of this modification is to include those areas which were previously excluded. She stated the current sisnage, natural boundaries and fencing allow for complete control of the facillties. Mark Avery, applicant, explained what and where Whittaker Cabin is. Chairman Johnson asked how far Tract T is from the Lodge. Ms. Roach responded approximately 2 miles. Rick Rosen, legal counsel, stated you could drive to Tract T in your private vehicle but it will not be a seven day a week operation and wlll be used on a reservation basis only. Chairman Johnson asked if the County will be advised on an as use basis. Rick Rosen responded yes they would either on a weekly basis or on a monthly basis. Chairman Johnson asked about control. Mr. Rosen stated only during scheduled events will there be liquor service available. Chairman Johnson asked about the use of the tennis courts. Mr. Avery stated there will be service available to the tennis courts to serve alcohol whenever alcohol is available. Mr. Johnson questioned how the alcohol will be controlled. Mr. Rosen stated the natural and distinct boundary is such there is heavy rock and cliffs all around and the only way to get there is through the Lodge. Alcohol will not be allowed to the tennis court area when staff is not be present. commissioner Gates moved to approve the modification of premises for Kensington Management, Inc. dba Picasso's. Commissioner Johnson seconded the motion. In discussion, Chairman Johnson stated although he has a concern with optional premises in general, he believes it in the best interest of the applicant and the Board that he approve this application. Chairman Johnson called for the question on the motion. Of the two voting commissioners, the vote was declared unanimous. . Earlene Roach introduced Perry Allen Churchill as the new manager of Plcasso's. Mr. Churchill stated he has been in the food and beverage business in Utah for eighteen years. Chairman Johnson asked if Mr. Churchill is familiar with the Colorado Liquor Laws. Mr. Churchill stated yes he is. Commissioner Gates moved to approve the manager's registration for Perry Allen Churchill for Kensington Management, Inc. dba Picasso's. Commissioner Johnson seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. CORDILLERA GOLF CLUB Earlene Roach presented a managers registration for Stephen Shelman, GEMSA Corporation, dba/Cordillera Golf Club. She stated the Sheriff's Office reports Mr. Shelman to be of good moral character. Chairman Johnson asked Mr. Shelman how long he has been in the food and beverage business. Mr. Shelman stated he has worked in the food indust;ry for 22 years. Chairman Johnson asked if Mr. Shelman and Mr. Churchlll have had TIPS 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 training. Both answered yes and they will again attend on September 19, 1995. Commissioner Gates moved to approve the manager's registration for Steve Shelman. Chairman Johnson seconded the motion. Of the two voting Corrmissioners, the vote was declared unanimous. Commissioner Gates moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Chairman Johnson seconded the motion. Of the two voting commissioners the vote was declared unanimous. 1994 F:mmNCIAL AUDITORS REPORT Burt Bondi, representing Bondi and Company, presented the 1994 Financial Auditors Report. He referred to the cover letter in the packets and explained the financial condition of the County for 1994 stating it has shown improvement over 1993 because the assets have gone up and the liabilities have gone down. He referred to the statement of revenues and expenditures and explained the infonnation contained in that section. He discussed the budget comparison. Mr. Bondi introduced the Management Letter Report which contains subjective reports based on their experience as the auditor's for Eagle County in 1994 and in years past. He stated the County has shown good positlve financial progress. ABATEMENT HEARINGS Mary Jo Berenato stated the next item on the agenda was abatement hearings. She presented the first petition for abatement for Weatherstone Development Corporation. She stated the petitioner is requesting an abatement in the amount of $11,923.32. Jay Peterson, representing the applicant, stated they are in agreement with the recorrmendation from the Assessor. Commissioner Gates moved to approve schedule number 009640, Weatherstone Development Corporation, in the amount of $11,923.32. Chairman Johnson seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Mark Chapin, Eagle County Assessor's Office, presented a petition for abatement, schedule number 026625, Richard and Bonnie Nichols. He stated this is regarding the KOA in Basalt and the petitioner is asking for an abatement in the amount of $8,000.00. The Assessor's office has recorrmended denial based on fact the 94 value is below the appraised value. Rich Nichols, petitioner, stated he questions the valuation as placed by the Assessor's office in that he has nothing to document the $730,000 value and why has he not received that documentation. Ms. Berenato asked to see the valuation for 1994. She stated the $939,490 is the amount that it is being valued in 1994. Mr. Nichols again stated he has nothing to indicate a reevaluation. Ms. Berenato asked if Mr. Nichols appealed to the Assessor's office. Mr. Chapin stated Mr. Nichols did not appeal in a timely manner. He asked if this matter could be tabled to allow the Assessor's office to further research the matter. Chairman Johnson stated this abatement will be continued to later ln the day. Mark Chapin presented a petition for abatement for Ca~tain Video, schedule number P004266. He stated the Assessor's office lS recorrmending denial of the abatement. He related during 1988 through 1992 the equipment used for rental was eliminated from consideration. The petitioner is claiming the equipment was assessed during that time. Michael Cacioppo, petitioner, stated the timeliness of the filing is not to be questioned. He was told by Allen Black, County Assessor, his abatement 5 could be faxed on December 30th, which he did in fact do. Mary Jo Berenato stated the court will accept a faxed copy as long as an original is received in a timely manner. She related it is her opinion receivin$ the original four months later is not timely. Chalrman Johnson stated if something is stamped as received in the office it would seem to be accepted by that office. Mr. Chapin indicated the agreement with Mr. Black was the Assessor's Office would accept the fax only if it was followed by a signed original. Ms. Berenato advised the Board if they are going to accept this as a timely filed report, they do so only in thlS particular matter and not as a matter of general practice. commissioner Gates indicated there is an implied acceptance and in this case he would not argue the point. The Board concurred to accept this particular document as having been filed in a timely manner. Mr. Cacioppo stated at no time had it been indicated that an original must be provided and feels that he followed Mr. Black's instructions to the letter. He stated the second issue of disagreement is the 1988-1992 documents were filed by the petitioner. Mr. Cacioppo stated they were filed by his former accountant, not by himself. His former accountant, he stated, was unaware of the law change. Mr. Cacioppo asked if equipment rented less than thirty days was non-taxable. Mr. Cha~in answered that was correct. Mr. Cacloppo stated in 1991, his tax preparer erroneously sent a statement and paid the tax. He stated in 1994, when he became aware of the overpayment, he asked for it to be returned. When told he could not get the refund, because of not requesting it during the statutory period, he conceded and was willing to take the $700.00 loss. Mr. Chapin stated in September of 1991 the Assessor's Office eliminated the equipment as designated by the petitioner as rental ~roperty. Mr. Chapin stated the list dated June 11, 1991 presented by the petltioner, and the revised list used by the Assessor's office, shows no rental equipment was assessed. Ms. Berenato explained the applicability of taxing based on the most recent infonnation held by the Assessor. Mr. Cacioppo reviewed the law and his interpretation. He stated it is not a question of valuation. commissioner Gates indicated thou;rh the petitioner made an error, he seems to be holding the County responslble for that error. Chairman Johnson questioned the timeliness of filings. Mr. Cha~in stated the valuation change for 1994 and 1995 was based on the infonnatlon provided by the petitioner. Discussion continued on the requested abatement. Mr. Cacioppo proposed a fair resolution would be taking the number based on 1994 which was listed as $7,500.00 and working backwards increasing the value to approximately $8,500 for 1993 and $10,000 for 1992. But that he would agree to $12,000 for 1992 and $10,000 for 1993. Ms. Berenato attempted to clarify the chain of events and indicated once the newly filed document was provided, Mr. Cacioppo'S evaluation was lowered. Chalrman Gates stated he is sympathetic to the petitioner but feels he must abide by the law. Commissloner Gates moved to deny the petitioner'S application. Chairman Johnson asked if Commissioner Gates would consider a tabling. commissioner Gates answered no. Chairman Johnson seconded the motion. commissioner Gates voting yes, Chairman Johnson voting no. commissioner Gates moved to table this item until there are three Commissioners available to vote on the issue. Chairman Johnson seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Richard and Bonnie Nichols (continued) Mark Chapin presented the continuation of schedule number 026625, Richard and Bonnie Nichols. He stated the total value assessed of $775,830 will be abated but the item must be rescheduled for the assessor's office to be able to prepare the abatement. 6 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Mr. Nichols questioned the evaluation for 1995 of $848,000 which included $40,000 of mobil homes which should have been assessed separately. Ms. Berenato stated she can prepare an adjusted stipulation which can be prepared and done without another hearing. For 1994, the assessed value is $775,803. commissioner Gates moved to approve the stipulation of the assessed value in the amount of $775,830 and the Chairman being authorized to sign that stipulation once prepared. Chairman Johnson seconded the motion. Of the two voting Corrmissioners, the vote was declared unanimous. Faith Partners - Charles Merrywheather Wendall Porterfield, representing the applicant, presented schedule number R016310, Faith Partners, Charles Merrywheather. He stated this is not an issue of valuation but of classification. He stated in 1993 the property classification was changed. Mr. Porterfield stated they received notice only yesterday and therefore requested this item be tabled until he is able to have someone present to testify. Commissioner Gates moved to table schedule number R016310. Chairman Johnson seconded the motion. Of the two voting Corrmissioners, the vote was declared unanimous. Stephanie Gibson The next schedule was 010944, Stephanie Gibson. The Assessor's office recorrmended this abatement be denied based on the fact there is no infonnation to substantiate the applicant's claim. Commissioner Gates moved to deny 010944 for Stephanie Gibson. Chairman Johnson seconded the motion. Of the two voting Corrmissioners, the vote was declared unanimous. Stephen I. Katz Mr. Chapin presented a petition for abatement, schedule number 016828, Stephen I. Katz. He stated Staff did visit the property and discussed the situation with an engineer in the area. Ms. Berenato reminded the Board of where the location is. Mr. Chapin stated the condition of the property was present at the time the petitioner made the purchase. Mr. Chapin introduced photographs and maps into the record. Commissioner Gates moved to deny the abatement for 016828. Chairman Johnson seconded the motion. Of the two voting Corrmissioners, the vote was declared unanimous. Kurt E. and Diane F. VogelIDan Mr. Chapin presented a petition for abatement, schedule number R031536, Kurt and Diane Vogelman. He stated the petitioner is asking for an abatement but the comparable sales of properties indicates an abatement is not appropriate. Commissioner Gates moved to deny schedule number R031536. Chairman Johnson seconded the motion. Of the two voting commissioners, the vote was declared unanimous. HORSE MOUNTAIN RANCH METROPOLITAN DISTRIcr Keith Montag, Director of Community Development presented, the service plan for Horse Mountain Ranch Metropolitan District. He reminded the Board this application was taken under advisement from August 7, 1995 with the statement there would be no other public comment being taken. Jim Fritze ~rovided copies of the statutory criteria regarding the review of this flle. Ms. Berenato reminded the Board of the exclusions pennitted by this 7 Board. Those permitted exclusions are Mr. McNett and Mr. Erickson. Mr. Fritze reminded the Board Commissioner Phillips was not present today and Chairman Johnson, who was not present at the last hearing has reviewed the tapes and the submittal's from the last hearing. commissioner Gates stated he has not had an opportunity to review the information just presented him. He asked if there would be any objections to continuing this until a full Board is present. The ap~licant asked if a date could be provided. Mr. Frltze stated a continuance request must come from the organizers of the petition and they must waive their rights to the twenty day decision as this could not be heard within that time. Chairman Johnson stated he believes the application will need to be continued as there are some questions he would like to have addressed. The applicant requested a continuance and the Board waive the 20 day decision making requirement. Mr. Fritze asked the request be continued to August 29, 1995 and allow the Board until the following Monday to make their decision in writing. commissioner Gates moved to continue this hearing to August 29, 1995. The applicant has waived the twenty days and understands a written resolution will be made by September 5th. Commissioner Johnson seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Title Setting, Resolution 95-101 The meeting reconvened with the Board sitting as the Title Setting Board for the pu~ose of passing Resolution 95-101 Jim Frltze stated they have drafted two alternate proposals and recorrmended adoption of the first. This proposal does include Amendment One de-brucing language. Mr. Fritze explained the De-Brucing question, exhibit B, and the simplified language he is proposing. The Board concurred with the language of Exhibit "B". Jim Fritze returned to exhibits A and read them as presented. The first read included the de-brucin$ language adopted by the Board. Exhibit B, he explained, covers this tax lf approved. He belleves from a legal standpoint, without this message, the full extent of the desire is not expressed and it may impede the bonding of any and/or all monies relating to the transportation tax. Chairman Johnson asked if there is case law to support Mr. Fritze's opinion. Mr. Fritze responded there is little case law re$arding TABOR. Commissioner Phillips indicated she would think lt a shame to go again to vote and to not fully accomplish the objective of the measure. Chairman Johnson stated he still has concern with the law out of the text and the transportation portion has to be made more ~rominent. He suggested the words "for mass transportation, not includlng air", be inserted in the first line following the word annually. Commissioner Gates moved to approve Resolution 95-101 for the Eagle County Title Setting Board with the changes as suggested. Commissioner Phillips seconded the motion and the vote was declared unanimous with the four members of the Board voting. There being no further business to be brought before the Board the meeting was adjourned until August 28, 1995. Attest: ~~ 8