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HomeMy WebLinkAboutMinutes 11/21/95 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING NOVEMBER 21, 1995 Present: Johnnette Phillips George "Bud" Gates Sara J. Fisher Commissioner comnissioner pro-tem Clerk to the Board Absent: James Johnson, Jr. Chairman This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: 'The Board convened as the Eagle County Local Liquor Licensing Authority. Wildwood Shelter Earlene Roach, Liquor Inspector, presented a change in corporate structure and manager change for Vail Food Services, Inc., dba/Wildwood Shelter. She stated the new manager will be Frederick Sackbauer. 'The change in corporate structure adds Gerald Flynn as Treasurer and Douglas C~swell as Vice-President. All documentation is in order and the Sheriff's Offlce reports all individuals to be of good moral character. Staff recommended approval. Comnissioner Phillips moved to approve a change in corporate structure and managers registration for Frederick Sackbauer for Vail Food Services, Inc. dba7Wildwood Shelter. Chairman Pro-tem Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Eagle'S Nest Earlene Roach presented a change in corporate structure for Vail Food Services, Inc., dbalEagle's Nest Restaurant. She stated the change adds Gerald Flynn as Treasurer and Douglass Cogswell as Vice-President. All documentation is in order and all individuals are reported to be of good moral character. Comnissioner Phillips moved to approve the change in corporate structure for Vail Food Services, Inc., dba/Eagle's Nest Restaurant. Chairman Pro-tem Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Two Elk Restaurant Earlene Roach presented a change in corporate structure and managers registration for Jeff Whiteside for Vail Food Services, Inc., dba/Two Elk Restaurant. She stated the changes adds Gerald Flynn as treasurer and Douglass Cogswell as Vice-President. All documentation is in order and all individuals are reported to be of good moral character. Comnissioner Phillips moved to approve the change in corporate structure and managers registration for Jeff Whiteside, for Vall Food Services, Inc., dba/Two Elk Restaurant. Chairman Pro-tem Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Mid-Vail Restaurant Earlene Roach presented a change in Services, Inc., dbalMid-Vail Restaurant. Flynn as Treasurer and Douglass Cogswell recommended approval. Commissioner Phillips moved to approve the change in corporate structure corporate structure for Vail Food She stated the change adds Gerald as vice-President. Staff 1 for Vail Food Services, Inc., dba/Mid-Vail Restaurant. Chairman Pro-tem Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Broken Arrow Cafe Earlene Roach presented a change in corporate structure for Beaver Creek Food Services, Inc., dba/Broken Arrow Cafe. She stated the change adds Douglass Cogswell as Vice-President. Staff recommended approval. Commissioner Phillips moved to approve the change in corporate structure for Beaver Creek Food Services, Inc., dba/Broken Arrow Cafe. Chairman Pro-tem Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Trappers Cabin Earlene Roach presented a change in corporate structure for Beaver Creek Food Services, Inc., dba/Trappers Cabin. She stated the change adds Douglass Cogswell as Vice-President. Staff recommended approval. commissioner Phillips moved to approve the change in corporate structure for Beaver Creek Food Services, Inc., dba/Trappers Cabin. Chairman Pro-tem Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Inn at Beaver Creek Earlene Roach presented a change in corporate structure for Beaver Creek Food Services, Inc., dba/Inn at Beaver Creek. She related the change adds Douglass Cogswell as Vice-President. Staff recommended approval. commissioner Phillips moved to approve the change in corporate structure for Beaver Creek Food Services, Inc., dba/Inn at Beaver Creek. Chairman Pro-tem Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Beano's Earlene Roach presented a change in corporate structure for Beaver Creek Food Services, Inc., dba/Beano's. She related the change adds Douglass Cogswell as Vice-President. Staff recommended approval. Commissioner Phillips moved to approve the change in corporate structure for Beaver Creek Food Services, Inc., dba/Beano's. Chairman Pro-tem Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Spruce Saddle Restaurant Earlene Roach presented a change in corporate structure for Beaver Creek Food Services, Inc., dba/Spruce Saddle Restaurant. She informed the Board the change will add Douglass Cogswell as Vice-President. Staff recommended approval. commissioner Phillips moved to approve a change in corporate structure for Beaver Creek Food Services, Inc., dba/Spruce Saddle Restaurant. Chairman Pro-tem Gates seconded the motion. Of the two voting Comnissioners the vote was declared unanimous. Beaver Creek Golf Club Earlene Roach presented a change in corporate structure for Beaver Creek Food Services, Inc., dba/Beaver Creek Golf Club Bar and Grill. She related the change adds Douglass Cogswell as Vice-President. Staff recommended approval. commissioner Phillips moved to approve the change in corporate structure for Beaver Creek Food Services, Inc., dba/Beaver Creek Golf Club Bar & Grill. Chairman Pro-tem Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Saddle Ridge at Beaver Creek Earlene Roach presented a change in corporate structure for Beaver Creek Food Services, Inc., dba/Saddle Ridge at Beaver Creek. She related the change adds Douglass C?9swell as Vice-President. Staff recommended approval. Commissioner Philllps moved to approve the change in corporate structure for Beaver Creek Food Services, Inc., dba/Saddle Ridge at Beaver Creek. Chairman Pro-tem Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Game Creek Club Earlene Roach stated the next item on the agenda was a hearing to establish the neighborhood for Vail Food Services, Inc. and 'The Game Creek Club, dba/Game Creek Club. Staff related the applicant is requesting the neighborhood be established from East Vail to Gypsum. However, after several meetings with the Attorney's Office, Staff is recommending the boundaries of the neighborhood be established as the Vail Ski Mountain. Realizing there are no inhabitants in the area, patrons who are residents of Ea9le County utilizing the facilities on that mountain would be allowed to Slgn the petition to be circulated. Staff is also recomnendin9 all employees of Vail Associates and their dependents be excluded from signln9 said petitions. 'The reasoning for excluding employees and their dependents lS part of the benefit package for those individuals is a ski pass for them and their families. Discussion followed on the neighborhood. Commissioner Phillips moved to establish the neighborhood as East Vail to Dowd Junction. Chairman Pro-tem Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Beaver Creek Resort Earlene Roach presented a Special Events Permit for Beaver Creek Resort Company. She stated all documentation is in order. She informed the Board the event will be held on Vail Mountain on December 1 & 2, 1995. Staff recommended approval. Commissioner Phillips moved to approve a Special Events Permit for Beaver Creek Resort Company. Chairman Pro-tem Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Grouse MOuntain Grill Earlene Roach presented a renewal of a Hotel & Restaurant license with Extended Hours for Resort Concepts, Inc., dba/Grouse Mountain Grill. She stated all documentation is in order and all fees have been paid. 'The Sheriff's Office reports no complaints or disturbances during the past year. Staff recommended aPI?roval. Commissioner Phlllips moved to aPI?rove the renewal of license for Resort Concepts, Inc., dba/Grouse Mountain Grlll. Chairman Pro-tem Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Mirabelle I S at Beaver Creek Earlene Roach presented a renewal of a Hotel and Restaurant license with Extended Hours for Mirabelle'S .at Beaver Creek. She stated all documentation is in order and all fees have been paid. 'The Sheriff's Office reports no complaints or disturbances during the past year. Staff recommended approval. Commissioner Phillips moved to approve the renewal of license for Mirabelle'S at Beaver Creek. Chairman Pro-tem Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 3 Village Market Earlene Roach presented a renewal of an Off Premise 3.25 Beer License for Buxman Enterprises, Inc., dba/Village Market. She stated all documentation is in order and all fees have been paid. 'The Sheriff's Office reports no complaints or disturbances during the past year. Staff recommended approval. commissioner Philli~s moved to approve the renewal of license for Buxman Enterprises, Inc., dba/Vlllage Market. Chairman Pro-tem Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Wildflower Earlene Roach ~resented a new application for a Beer & Wine License for Shibui, Inc., dba/Wlldflower. She stated this restaurant is located in the old Linda' s Kitchen sI?ace. All documentation is in order. All fees have been paid. All indi vlduals are reported to be of good moral character. 'The first order of business is to establish the neighborhood. Staff recommended the neighborhood be established as a two mile radius from the location of the establishment. commissioner Phillips moved to establish the neighborhood as a two mile radius starting from the establishment. Chairman Pro-tern Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 'The next order of business is to establish the needs of the neighborhood. commissioner Phillips moved to accept the petition submitted as evidence of need. Chairman Pro-tern Gates seconded the motion. Of the two voting commissioners the vote was declared unanimous. Commissioner Phillips moved to approve the new Beer & Wine License for Shibui, Inc., dba/Wildflower. Chairman Pro-tern Gates seconded the motion. Of the two voting commissioners the vote was declared unanimous. El Jebel Convenience Store Earlene Roach stated the applicant has requested the application for Off Premise 3.2~ Beer License for El Jebel LLC, dba/El Jebel Convenience Store be tabled until 1996. 'The applicant has hired a company to circulate a new petition and need more time in which to do so. Commissioner Phillips moved to table El Jebel LLC, dba/El Jebel Convenience Store until said matter can be rescheduled. Chairman Pro-tern Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. commissioner Phillips moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Chalrman Pro-tern Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Abatement Hearings Sara McNulty, petitioner, stated she and her husband own a ranch in the Roaring Fork area as well as own a gravel pit. She has been handling all the business due to her husband's illnesses. In 1991, without her husband's assistance, she realized she could not manage the pit. In 1992, she leased her equipment to someone from Garfield for about six months. At that point, Eagle County approached her about all the equipment laying around. She had all the equlpment moved off of the place and auctioned off that which was not removed. All along, she says, she has been in touch with Eagle County, the Assessor's office, Community Development, etc. George Lewis, Assessor's Office, was found trespassin9 on her property in 1993. Rather than filing charges, George agreed to asslst her in getting her property straightened out. All along she thou9ht she was able to file this and was just recently informed about a time llmit. She asked for the 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Board's consideration regarding this obligation which is now around $1,600.00. Had she been aware of a deadline, she would have complied. Commissioner Gates stated on behalf of the Board he would have to state it is the petitioner's responsibility to know the law. Ignorance is no excuse and the Assessor's office is responsible for letting the dates be known. Commissioner Phillips stated she has no backup to review other than the letter certifying the date and time of the hearing. Mark Chapin, Assessor's Office, stated this is file number P030280, and the issues around the petition are as presented. Mr. Chapin stated they have been in constant correspondence with Mrs. McNulty. Based on their records, they believe no abatement should be given for 1992 because they were in business during part of that time and the equipment was leased. 'There was no personal property declaration submitted. Mr. Loeffler questioned the filing in March of 1995 and indicated the Board has no I?ower over 1992 because the time table is over. Mr. Chapln stated Mrs. McNulty leased the equipment however no lease was submitted. Since the equipment was in Eagle County on January 1, 1992 it is therefore taxable. In 1993 no personal property record was submitted. All equipment was sold in 1993 but there is nothing that can prove the equipment was not in Eagle County on January 1, 1993. 'They are recommending a partial abatement because the value was found to be high. In 1994 the equipment, to the best of their knowledge, was liquidated except for the loader. 'Therefore they are recommending a partial abatement for 1994 which is payable in 1995. Mrs. McNulty questioned if the personal property is based on the equipment that is running, that which is in operation. Mr. Chapin responded it is the equipment that was on site. Mrs. McNulty stated she pointed out to George Lewis and Debra Garner much of that equipment was not hers. She questions the amount. She stated she found it distressing to have notice served by the Sheriff's office when she has been in contact with the Assessor's office. She realizes she is responsible for the deadlines and she has made every effort to do so. She asked questions of the Assessor's office but believes there was feet dragging. Is she to believe she must continue on to the State if this is not resolved favorably today. Mr. Loeffler stated they are not in a position to abate this petition because of the timing. He suggests Mrs. McNulty consult with an attorney. Commissioner Phillips explained the Assessor's office is recommending an abatement for 1994 and a partial abatement for 1993. Allen Black, County Assessor, stated whether it was in use or not in use is not the question. It was in-fact in Eagle County at the time of assessment. Commissioner Phillips moved to approve the partial abatements for 1993 of $274.94 and 1994 of $2,128.00 as recommended by the Assessor's office. Chairman Pro-tern Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Mark Chapin presented a petition for abatement, schedule number 21893, Eugene Seaman. He stated they are prepared to give a partial abatement for 1994 in the amount of $169.63. 'The petitioner did request an abatement for 1995, however they are not able to do so at this time. Commissioner Phillips moved to approve the partial abatement for 1994 in the amount of $169.63. Chairman Pro-tern Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Mr. Loeffler asked about the refunding of interest on the taxes they have paid. Commissioner Phillips suggested if the petitioner requests the refund it should be granted. Otherwise, if they are unaware of it or don't ask, it not be given. 5 Allen Black presented a petition for abatement, schedule number 011390, Paragon Guides. He stated his office has been assessing this property as though it is in tax area #1 when indeed it is not. It should have been taxed by Edwards Metropolitan District instead of the Avon Metropolitan District. 'The company is represented by Buck Elliott who hopes to go back to 1989. 'The Assessor's office is recommending abatement in 1992 and 1994. Buck Elliott, petitioner, stated when they received the tax notice for 1995 the site location was noted which had never before been the case. Mr. Elliott stated they paid nearly $850.00 to the Town of Avon which should have 90ne to Edwards Metro. Upon appealing, they received a response which lndicates a clerical error. Mr. Elliott stated having read the statutes and listening to this last case he sees he has no leg to stand on. He sees this as an integrity issue. Mr. Loeffler stated though he understands Mr. Elliott's position, the law provides time limitations be imposed. It is not a question of integrity but practicality as recognized by the law. 'This entity does not have the power to abate for older years. Mr. Loeffler stated the property taxes do go to different entities and therefore effect them as well. Mr. Loeffler questioned if he was taxed for being in Avon, which he isn't, and not taxed for Edwards where he is. Mr. Black stated they could abate the entire amount and then re-tax. Chairman Pro-tern Gates reminded Mr. Elliott they do not make the rules and are an arm of the state. Commissioner Phillips moved to approve the abatement for 1993 in the amount of $79.46 and in 1994 of $67.24 rejecting the abatements requested for 1989, 1990, 1991, and 1992. Chairman Pro-tem Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Bob Loeffler presented a petition for abatement, schedule number 23339, Tanavaon Corporation. He stated this was an error in an improvement that was listed on the property but is not. 'The abatements recommended are in 1993 for $909.17 and 1994 in the amount of $633.34. Commissioner Phillips moved to approve the petition for abatement, schedule number 23339, Tanavaon Corporation. Chairman Pro-tern Gates seconded the motion. Of the two voting commissioners the vote was declared unanimous. Ralph Seago, presented schedule number M030851. 'This is regarding a trailer which Mr. Seago believes has been assessed to high. 'The Assessor's office has done an analysis which backs out the detached garage. 'The Assessor's office is recommending an abatement for $18.69. Commissioner Phillips moved to approve the petition for abatement, schedule number M030851, Ralph Seago. Chairman Pro-tern Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Tendertime Day Care P030271 $9.80 Queer P022812 $31.45 Sante P022414 $16.55 Travina P023100 $71.87 'These are all personal properties which were not in the rental property at this time. commissioner Phillips moved to approve petitions for abatements, schedule number P030271, P022812, P0224414 and P023100. Chairman Pro-tern Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 'Thisha and Kevin Craig - 39478 Asked for abatements as they were assessed for a garage which they don't have. 'The assessor's office is recommending abatement for 1993 in the amount of $147.15 and in 1994 of $179.15. Commissioner Phillips moved to approve an abatement for 'Thisha and Kevin Craig, schedule number 39478. 6 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Chairman Pro-tern Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 6715 - Moffat Coal Company 'This was agreed to with the taxpayer and they are coming back to get the correct figures instituted. 'This is a valuation lssue. 'The assessor's office is recommending an abatement in 1992 for $1,006.30 and in 1993 for $4,581.25. Commissioner Phillips moved to approve a petition for abatement, schedule number 6715, Moffat Coal Company. Chairman Pro-tern Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 15646 - Allen Christensen 'This is a request to reclassify this parcel based on the adjacent property being contiguous. 'There is a civil court case regarding this property for 1995 and Mr. Black questioned if a determination should be made. Mr. Black stated the property was not owed by Mr. Christensen on January 1, 1994 and therefore, they do not feel he has a right to an abatement at that time. 'The property was purchased on January 7, 1994. Mr. Allen showed the Board pictures of the property taken in 1995 and improvements that were made to the property in 1995. 'The assessor's office is recommending denial. Commissioner Phillips moved to deny the petition for abatement, schedule number 15646. Commissioner Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Matthew & Tammara Jones - R039192 Mr. Black stated this is a rezoning issue as it was originally zoned commercial, rezoned to residential and then having an office. 'The recommendation by the Assessor's office is recommending an abatement in 1994 for $259.58. 'The records have been changed for tax year 1995. Commissioner Phillips moved to approve the petition for abatement, schedule number R039192. Chairman Pro-tern Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Terry & Melody Kappeli - 028092 'They have only a partial basement and were assessed for a full basement. 'The assessor's office is recommending an abatement for 1994 in the amount of $70.93. Commissioner Phillips moved to approve a partial abatement, schedule number 028092. Commissioner Gates seconded the motion. Of the two voting commissioners the vote was declared unanimous. Bartlett - P030082 'This was a rental property purchased by the Barlett's which changed status. 'They are recommending they be abated $52.40 for the year 1993 and denied that for 1992. Commissioner Phillips moved to approve an abatement schedule number P030082. Chairman Pro-tern Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. DeCesare - P008752 'This is similar to the previous case. It was purchased in May and lS 7 taxable. 'They are recommending denial for 1993 and an abatement in 1994 for $51.97. Commissioner Phillips moved to approve the petition for abatement, schedule number P008752. Chairman Pro-tern Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Hoerning - R029520 'This is a cabin on a life estate parcel. Mrs. Hoerning died and at the time of death it becomes exempt and reverts back to the Forest Service. 'The assessor recommends an abatement of $35.25 for 1994. Commissioner Phillips moved to approve an abatement schedule number R029520. Chairman Pro-tern Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Resolution 95-138 Bob Loeffler presented Resolution 95-138, regarding the matter of adopting the form and terms for on and off Airport Car Rental Agency License and use agreements, and authorizing the Airport Manager to enter into such agreements on behalf of the County. Commissioner Phillips moved to approve Resolution 95-138, as presented authorizing the County Attorney to enter into said agreements. Chairman Pro-tern Gates seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 'There being no further business to be brought before the Board the meeting was adjourned until December 4, 1995. ~ Q- Attest: M ~ L Cler 0 the ar~. ~~1.#~ al . ~ 8