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HomeMy WebLinkAboutMinutes 02/07/94 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING FEBRUARY 7, 1994 Present: Johnnette Phillips James Jolmson, Jr. George "Bud" Gates Jim Fritze Mary Jo Berenato Sara J. Fisher Chai:rperson COrmUssioner Commissioner County Attorney Deputy County Attorney Clerk to the Board Absent: This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Consent Calendar Chai:rperson Phillips opened the meeting with the first item on the agenda the consent calendar as follows: 01) Bill paying, subject to approval by County Manager 02) Resolutl.on 94-21 reappointing Pam Holmes-Boyd to Eagle Valley Library District Board of Trustees 03) Certification to the State Department of Transportation for road changes 04) Contract between Easle County and Roy F. Weston, Inc. to conduct additional site characterl.zation activities at the Eagle County Fleet Maintenance Facility. Commissioner Jolmson asked about the contract with Roy F. Weston, Inc. He questioned if the $29,000.00 amount on top of the previous contract. Ray Merry, Environmental Health Officer, stated this is a separate contract and Roy F. Weston, Inc. was the low bidder. Commissioner Jolmson moved to approve the consent calendar as presented. Chai:rperson Phillips seconded the motion. Of the two voting commissioners the vote was declared unanimous. Chairman Gates was not present at this hearing. Resolution 94-22 Jim Fritze, County Attorney, presented Resolution 94-22, First Partial Release of Collateral for Bentgrass at Cordillera, resubdivision of Tract C and Tract C-1. He stated the proposed Resolution reduces the collateral to $35,338.00. Mr. Fritze informed the Board the original collateral was $148,268.00, based on a request from Cordillera and a report from County Engineering. Commissioner Jolmson moved to approve Resolution 94-22, authorizing the First Partial Release of Collateral for Bentgrass at Cordillera, resubdivision of Tract C and Tract C-12. Chai:rperson Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Agreement, Routt County Don Fessler, Road & Bridge Supervisor, presented an Intergovernmental Agreement resarding road maintenance between Eagle County and Routt County. He stated thl.s agreement provides Eagle County will perform maintenance on twelve (12) miles of roads in Routt County in exchange for crushing and stockpiling of gravel for the Colorado River Road. He stated the agreement runs to the year 2001 and the crushed gravel will last for ten additional years. Chai:rperson Phillips stated the County Commissioners in Routt County have indicated they are in favor of this agreement. 1 corrmissioner Johnson moved the Board authorize the Chairperson to sign the Intergove:rnmental Agreement between Eagle County and Routt County regardin9 road maintenance. ChaJ.rperson Phillips seconded the motion. Of the two voting Corrmissioners the vote was declared unanimous. Corrmissioner Johnson moved to adj ourn as the Board of County Corrmissioners and reconvene as the Local Liquor Licensing AuthorJ.ty. Chairperson Phillips seconded the motion. Of the two voting Corrmissioners the vote was declared unanimous. Jet Center Cafe Mary Jo Berenato, Deputy County Attorney, presented a new application for a Tavern License for Jet Center Cafe, Inc., dba/Jet Center Cafe. She stated the County Liquor Inspector and State Enforcement Officer have requested this matter be tabled to March 7, 1994. Corrmissioner Johnson moved to table discussion for a Tavern License for Jet Center Cafe, Inc., dba/Jet Center Cafe, to March 7, 1994. Chairperson Phillips seconded the motion. Of the two voting Corrmissioners the vote was declared unanimous. Cilantro'S Mary Jo Berenato presented an application for a new Hotel and Restaurant license for Orchard Inn Corporation and Papa Howard's, Inc., dba/Cilantro's. Howard Gunther, applicant, was present for the hearing. Ms. Berenato stated the applicant presented a petition consisting of thirty-four signatures of area residents approving of a liguor license at this establishment. She informed the Board they need to fJ.rst establish the neighborhood. Corrmissioner Johnson moved to establish the neighborhood for Cilantro's as the El Jebel voting precinct number eight (8). Chairperson Phillips seconded the motion. Of the two voting corrmissioners the vote was declared unanimous. Ms. Berenato stated the County Liquor Inspector performed an on-site inspection and found no problems or concerns. She stated character checks were performed and there were no wants or warrants. Ms. Berenato questioned the applicant. Corrmissioner Johnson asked Mr. Gunther about his current business. Mr. Gunther stated business has been a disaster without being able to serve alcohol. He requested the Board issue a Temporary License as his business is down approximately $40,000.00 per month. Mary Jo Berenato informed the Board, according to section 12-47-106.5 of the Colorado Liguor Code, only allows a Temporary License to be issued in the event of an expJ.red renewal wJ.thin ninety (90) days or if the application is a transfer of ownership. Corrmissioner Johnson moved to approve a new Hotel and Restaurant liquor license for Orchard Inn Corporation and Pal?a Howard's, Inc. dba/Cilantro's. Chairperson Phillips seconded the motJ.on. Of the two voting comnissioners the vote was declared unanimous. corrmissioner Johnson moved to approve a Temporary Permit for a 21 day period for a total of $250.00. Chairperson Phillips seconded the motion. Of the two voting Corrmissioners the vote was declared unanimous. The Board concurred, if the State denies the application the Temporary Permit will be rescinded. Marko's Pizzeria Mary Jo Berenato presented a new application for a Beer and Wine license for Marko's Pizzeria of Edwards, Inc., dba/Marko 1 s. Mark and Kathy Esteppe, applicants, were present for the hearing. Ms. Berenato stated the applicant did receive a DWAI in 1990. She . questioned the applicant on Colorado Liquor Law. She advised the Board the neighborhood must be established. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 commissioner Johnson moved to establish the neighborhood as the boundaries of the Singletree Subdivision, Lake Creek Subdivision, Homestead Subdivision and Edwards Metropolitan area for Marko's Pizzeria of Edwards, Inc. dba/Marko's. Chairperson Phillips seconded the motion. Of the two voting comrrdssioners the vote was declared unanimous. The Board questioned the applicants on current business. Commissioner Johnson moved to approve a Beer and Wine license for Marko's Pizzera of Edwards, Inc., dba/Marko's. Chairperson Phillips seconded the motion. Of the two voting Comrrdssioners the vote was declared unanimous. Food and Deli Mary Jo Berenato presented a renewal of a 3.2% Beer license for CUstomer Company, Inc., dba/Food and Deli. The applicant was not able to be present and she recommended the application be tabled to March 7, 1993. Commissioner Johnson moved to table renewal of a 3.2% Beer license for CUstomer Company, Inc., dba/Food and Deli. Chairperson Phillips s~conded the motion. Of the two voting comrrdssioners the vote was declared unanimous. FitzsiIm10ns Motor Ccmpany Mary Jo Berenato presented a 3.2% Beer license for Fitzsimmons Motor Company. She stated the application is in order. Peter Fitzsimmons, applicant, was l?resent for the hearing. Ms. Berenato reminded the Board thlS matter was tabled at two previous hearings as the applicant failed to appear. Mr. Fitzsimmons stated he understands and apologizes for not being present at the last two hearing dates. comrrdssioner Johnson moved to approve the renewal of a 3.2% Beer license for Fitzsimmons Motor Company. Chairperson Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Cardinal's Italian Restaurant Mary Jo Berenato presented a renewal application for a hotel and restaurant license with extended hours for J & J Cardinale, Inc., dba/Cardinale's Italian Restaurant. John and Janice Cardinale, applicants, were present for the hearing. Ms. Berenato stated the County Liquor Inspector made an on-site inspection and found the Federal Tax Stamp was not posted and there were two bad bottles which were voluntarily discarded. John Cardinale stated they have attended a TIPPS Program and found it to be very helpful. The Board questioned the applicants concerning their liquor license. comrrdssioner Johnson moved to approve the renewal of a hotel and restaurant license for J & J Cardinale, Inc., dba/Cardinale's Italian Restaurant. Chairperson Phillips seconded the motion. Of the two voting Comrrdssioners the vote was declared unanimous. Beaver Creek Lodge Mary Jo Berenato presented a transfer of ownership for Beaver Creek Lodge Associates, Inc., dba/Beaver Creek Lodge. Jeff Solonberg, General Manager, was present for the hearing. Ms. Berenato explained the reason for the transfer of ownership was to legalize room service in the Beaver Creek Lodge. She stated the application is in order and the County Liquor Inspector did make a on-site inspection and found the sales tax license, food service license, federal tax starrp and 3 minor warning sign was not posted. There were three bad bottles which were voluntarily discarded. Corrmissioner Johnson asked if the errployees are sent through a TIPPS Program. Mr. Solonberg stated he has attended a TIPPS course but his employees have not. He stated he does intend to show all his employees a video tape of different situations showing possible problem situations. Corrmissioner Johnson asked about liquor service to rooms when minors are present or possible over service. Mr. Solonberg stated you have to be of age to obtain a key to the rooms. Corrmissioner Johnson moved to approve a transfer of ownership for Beaver Creek Lodge Associates, Inc., dba/Beaver Creek Lodge. Chairperson Phillips seconded the motion. Of the two voting Corrmissioners the vote was declared unanimous. Conmissioner Johnson moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County corrmissioners. Chalrperson Phillips seconded the motion. Of the two voting Corrmissioners the vote was declared unanimous. 1041 Permit, Vail Associates Ray Merry, Environmental Health Officer, presented the completeness hearing on a 1041 pennit for Vail Associates. He stated Staff has reviewed the application and found it to be complete. He requested the Board set a date for a hearing and approve the application fee of $2,432.00. He stated the purpose of the application was to complete the Vail Mountain snowmaking pipeline and develop a system to deliver water from the Arkansas Well. corrmissioner Johnson asked about the diversion points. Mr. Merry stated the water will either be diverted at the Confluence of Gore Creek at the Eagle River or Beaver Creek. He stated the facilities at Beaver Creek are already in place and would not need modification. corrmissioner Johnson moved the Board find the 1041 pennit application corrplete for Vail Associates, Inc. The estimated fee shall be set at $2,432.00. Chairperson Phillips seconded the motion. In discussion, Jim Fritze advised the Board to include the possibility of a chan~e in fees. COmmlssioner Johnson amended the motion to state, the fees could change to cover actual costs of review and public hearings. Chairperson Phillips seconded the amendment. Of the two voting conmissioners the vote was declared unanimous. Chairperson Phillips called for the question on the motion. Of the two voting Corrmissioners the vote was declared unanimous. Jim Fritze stated he received correspondence from Tim Berry, Lake County Attorney, who has requested he be kept informed of the 1041 process for Vail Associates. There being no further business to be brought before the Board the meeting was adjourned until February 8, 1994. Attest: 4