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HomeMy WebLinkAboutMinutes 10/16/95 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING OCTOBER 16, 1995 Present: James Johnson, Jr. Johnnette Phillips Sara J. Fisher Chairman Corrmissioner Clerk to the Board ABSENT: George "Bud" Gates corrmissioner This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: CONSENT CALENDAR Chairman Johnson stated the next item on the agenda was the consent calendar as follows: 01) BILL PAYING 02) AlVIENDIY1ENT TO WOMEN, INFANTS AND CHILDREN PROGRAM CONTRACT WITH COLORADO DEPAR'I'l'J[ENT OF PUBLIC HEALTH AND ENVIRONlVlENT 03) RESOLUTION CONCERNING APPOINTMENT OF SARA GREGG TO THE EAGLE CEMETERY DISTRICT Kathleen Fornash, Director of Health & Human Services, stated item number two is to purchase office fixtures for the El Jebel annex office. The State grant has not changed but an additional $2,550 was allotted for this purpose. Commissioner Phillips moved to approve the Consent Calendar consisting of three items. Chairman Johnson seconded the motion. Of the two voting commissioners the vote was declared unanimous. Corrmissioner Gates was out of town at meetings. CONTRAcr AND NOTICE TO PROCEED Mike Bradley, Building and Grounds Supervisor, presented a contract and notice to proceed for Vaughn Construction out of Rifle. He stated this contract is for the northwest shop building. Mr. Bradley stated this was the only bid received. Commissioner Phillips asked where the shop was located. Mr. Bradley responded up Highway 131 on Poppy Creek Road and related this in fact is a new shop and not a move of the Eagle Shop. Don Fessler, Road & Bridge Supervisor, asked if the patent for the property and the letter of indemnity had been signed at Board Pending. Mary Jo Berenato, Deputy County Attorney, responded everything was signed and returned to the BLM. Mr. Fessler stated the indemnification agreement was signed a long time ago. Ms. Berenato asked this be continued for five minutes while she looks for the information. Chairman Johnson asked if the building would be completed by June 1, 1996 and asked if there was a provision in the contract. Mr. Bradley responded there are deadline provisions, however there are no rewards if they meet their deadline. Corrmissioner Phillips moved to table a decision on this contract until later in the day. Chairman Johnson seconded the motion. Of the two voting commissioners, the vote was declared unanimous. corrmissioner Phillips moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Chairman Johnson seconded the motion. Of the two voting COmmlssioners, the vote was declared unanimous. 1 c_~ TRAMONTI'S \ Earlene Roach, Liquor Inspector, presented ~-enewal of Hotel and Restaurant license with Extended Hours for JK & ~o~ration, dba/Tramonti's. She stated staff has no complaints w1th this file with the exception the federal tax stamp and sales tax stamp were not posted. Commissioner Phillips moved to approve the renewal of the liquor license for Tramonti's provided they post the required documents. Chairman Johnson seconded the motion. Of the two voting comnissioners, the vote was declared unanimous. EL JEBEL CONVENIENCE STORE Earlene Roach presented a new application for 3.2~ Beer License for El Jebel LLC, dba/El Jebel Convenience Store. She stated this matter was tabled to allow the applicant to provide signatures on the new lease. Bob Loeffler, Ass't. County Attorney, stated the first order of business is to establish the neighborhood. The applicant has not yet stated what he believes to be the neighborhood. He asked if there was a proposal from the applicant. Jim Sirrmons, managing partner of El Jebel, LLC and the Wendy's group, stated they are looking to sell 3.2% been in their convenience store. He stated the neighborhood is a stopping place for people who live in the area and travel elsewhere. Mr. Loeffler responded the law requires there be a showing of a reasonable need and consideration of the neighborhood and it is the applicant's burden to make a showins the reasonable requirements are not being met by the existing licenses 1n the neighborhood and inhabitants of said neighborhood are for the license. Corrmissioner Phillips pointed out there used to me a 3.2 license at the same location. Mr. Loeffler responded it may not be of consequence. Mrs. Roach related the previous boundary used was the El Jebel voting precinct. Commissioner Phillips stated the neighborhood could be the El Jebel proper and/or a two mile radius surrounding the town center. corrmissioner Phillips moved to approve the neighborhood as the intersection of El Jebel Road and Highway 82 and two miles out from that area. Chairman Johnson seconded the motion. Of the two voting Corrmissioners the vote was declared unanimous. Mr. Loeffler continued the requirements of the neighborhood now must be shown and neighborhood inhabitants desire this establishment. Chairman Johnson asked how many other establishments exist in that area at this time? Ms. Roach stated there are ten establishments in the including restaurants. Within a one block area there are establishments, Fitzsimmons Motor Company and City Market Jebeverage and El Jebel Liquors are Reta1l Liquor Stores. would make five. Mr. Loeffler stated it is the applicant's job to show there is a need of the community and not the Board's job. Mr. Simmons stated the convenience factor for the individuals that service their establishment are those who would be stopping for gas and being able to buy beer on Sunday. The other two locations are across the street. Chairman Johnson asked if the residents in the neighborhood would shop elsewhere including El Jebeverage. Mr. Johnson stated his concern of many of the signatures are from outside the El Jebel area and those are transient people who are both gassing up their car and themselves for the drive home. Commissioner Phillips asked if the other licensed premises were there when the Tucker's had this license. Mrs. Roach stated City Market is the only new establishment. The package stores and Fitzsimmons were already there. Chairman Johnson suggested there may have been too many establishments previously. COmmlssioner Phillips spoke to the issue of competition and the fact the existence of the other stores should not imply there is no need. area at this time five package sell 3.2~ Beer, El This establishment 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Mr. Loeffler agreed and stated he recognizes there was an establishment previously. He does not believe the petition has been reviewed thoroughly nor does it provide enough specification as to the purpose for the petition. Many of the signatures appear to be outside of the neighborhood. Commissioner Phillips asked how the signatures were gathered? Mr. Sirrmons responded it was signed by people who came to the establishment. Chairman Johnson questioned the dates on the petition and the fact the establishment did not open until August 16th. Mr. Simmons stated the facility looked ready to open long before it was. There was a lot of drive in traffic. Mrs. Roach related the convenience store is very, very small. Mr. Sirrmons stated it is a very small area of 300 square feet and they are merely attempting to service the needs of the customers. Mr. Loeffler responded the customers may in deed not be inhabitants of the neighborhood and the Board must address that need. Discussion continued on the application and petition establishing need. Commissioner Phillips moved to table the new application for the El Jebel, LLC, dba El Jebel Convenience store until October 24, 1995. Chairman Johnson seconded the motion. Of the two voting commissioners, the vote was declared unanimous. SPLENDIDO AT THE CHATEAU Earlene Roach presented a renewal of a Hotel & Restaurant License for Vista Hospitality, Inc., dba/Splendido at the Chateau. She stated staff's only concern is that the Minor Warning Sign and the tax stamp were not posted and related the minor warning sign must be in place. Don Morris, manager of the establishment, explained during a cleaning the sign had been taken down and thrown away. He related he is picking up a new sign today. Chairman Johnson asked if all employees go through TIPS training. Mr. Morris responded yes they do but this e~loyee has not yet been through that training. He will receive the train1ng in November as will the other staff. Commissioner Phillips moved to approve the renewal for Vista Hospitality, Inc. dba Splendid at the Chateau with the instructions to post the appropriate signage immediately. Chairman Johnson seconded the motion. Of the two voting commissioners, the vote was declared unanimous. TRAPPERS CABIN Earlene Roach presented a renewal of a Hotel and Restaurant license with Extended Hours and Optional Premises for Beaver Creek Food Services, Inc., dba/Trappers Cabin. She stated Staff has no concerns and stated this file and the next five were just recently heard when they came in for modification. Chairman Johnson asked if the applicant had any concerns or had there been any changes. Tamara Underwood, representing the applicant, answered no. Commissioner Phillips moved to approve the renewal of Trapper's Cabin. Chairman Johnson seconded the motion. Of the two voting corrmissioners, the vote was declared unanimous. Ms. Underwood introduced R. G. Jacobs, manager of Trappers Cabin. EAGLE'S NEST RESTAURANT Corrmissioner Phillips moved to approve the renewal of a Hotel and Restaurant License with Extended Hours and Optional Premises for Vail Food Services, Inc., dba/Eagle's Nest Restaurant. Chairman Johnson seconded the motion. Of the two voting commissioners, the vote was declared unanimous. 3 BEANO'S CABIN Corrmissioner Phillips moved to approve the renewal of a Hotel & Restaurant License with Extended Hours and Optional Premises for Beaver Creek Food Services, Inc., dba/Beano's Cabin. Chairman Johnson seconded the motion. Of the two voting commissioners, the vote was declared unanimous. SPRUCE SADDLE RESTAURANT corrmissioner Phillips moved to approve the renewal of a Hotel & Restaurant License with Extended Hours and Optional Premises for Beaver Creek Food Services, Inc., dba/Spruce Saddle Restaurant. Chairman Johnson seconded the motion. Of the two voting corrmissioners, the vote was declared unanimous. Tamara Underwood introduced Robert Coleman, manager of Eagle Nest Restaurant and Steve Dewire, manager of Spruce Saddle Restaurant. MID- VAIL RESTAURANT corrmissioner Phillips moved to approve the renewal of a Hotel & Restaurant License with Extended Hours and Optional Premises for Vail Food Services, Inc., dba/Mid-Vail Restaurant. Chairman Johnson seconded the motion. Of the two voting corrmissioners, the vote was declared unanimous. Tamara Underwood introduced John Warnack, manager of Mid Vail Restaurant. Chairman Johnson explained a few weeks ago at the modification hearinss the Board was able to have their questions answered. He asked about the Slgn posting around Mid-Vail. Mr. Warnack responded via ski racks, natural boundaries and snow fencing they are able to outline the licensed premise. Mr. Warnack stated on the south side (by the Vista Bon) they have snow fencing right next to the ski racks and there are signs as well. On the lower part of the building, it is inaccessible via a rope on the Cook Shack side. The main egress is at the end of the barbecue area and there are four ski racks on each side, making eight all together, as you leave the barbecue area. Mr. Warnack responded he was here for the work session between Vail Associates and Staff. They do realize that they will be under suspension December 11, 12, and 13, 1995. Chairman Johnson asked how many employees work at Mid-Vail Restaurant? Mr. Warnack responded 120 and 98~ are twenty-one or older. Chairman Johnson asked how many people actually serve alcohol. Mr. Warnack responded there would be up to 12 employees on Mid-Vail proper and the staff at Cook Shack. Chairman Johnson asked when they receive their TIPS training. Mr. Warnack responded all the crew leaders receive theirs on November 8th this year and all servers and sellers are TIPS trained before Thanksgiving. commissioner Phillips moved to approve the renewal of a Hotel & Restaurant License with Extended Hours and Optional Premises for Vail Food Services, Inc., dba/Mid-Vail Restaurant. Chairman Johnson seconded the motion. Of the two voting corrmissioners, the vote was declared unanimous. corrmissioner Phillips moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Cha1rman Johnson seconded the motion. Of the two voting Corrmissioners, the vote was declared unanimous. Contract, Notice to Proceed Mary Jo Berenato brought back the contract and notice to proceed for Vaughn Construction, Inc. She stated she has located the indemnification agreement previously discussed. She asked that the Board instruct Chairman Johnson to sign said agreement. She also asked that the Board approve the award of the contract. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Corrmissioner Phillips moved to approve the acceptance of contract and award for bid for Vaughn Construction, Inc. The Chairman shall be authorized to sign the notice to proceed. Chairman Johnson seconded the motion. Of the two voting commissioners, the vote was declared unanimous. CAPTAIN VIDEO, MICHAEL CACIOPPO Mary Jo Berenato presented a petition for abatement for Michael Cacioppo, dba/Captain video. She updated the Board on previous hearings. Commissioner Phillips moved to approve the abatement as presented for Michael Cacioppo, dba/Captain video. Chairman Johnson seconded the motion. Of the two voting corrmissioners, the vote was declared unanimous. There being no further business to come before the Board the meeting was adjourned until October 17, 1995. Attest: C ~~ rP~.A/7~ en - 5