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HomeMy WebLinkAboutMinutes 07/11/94 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING JULY 11, 1994 Present: Johnnette Phillips George "Bud" Gates James Jormson, Jr. Mary Jo Berenato Sara J. Fisher Chairman Commissioner Commissioner Deputy County Clerk Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners: Plat & Resolution Signing Ellie Caryl, Planning Technician, presented a final plat file number SU- 276-94-AF, Lot 2, River Ranch. She stated the purpose of the plat is to increase the building envelope setback from thirty feet to fifty feet. Staff recommended the final plat be approved. commissioner Gates moved to approve final plat file number SU-276-94-AF, Lot 2, River Ranch, incorporating Staff findings and recommendations. Commissioner Jormson seconded the motion. The vote was declared unanimous. Patti Haefeli, Planning Technician, presented Resolution 94-92, file number PD-293-94, Cordillera PUD Amendment, amending the current PUD Guide. She stated this amendment was approved by the Board on June 14, 1994. Commissioner Johnson moved to approve Resolution 94-92, PD-293-94, Cordillera PUD Amendment. Commissioner Gates seconded the motion. Commissioners Phillips and Gates voting aye and Commissioner Johnson abstaining. Ms. Haefeli presented Resolution 94-93, file number ZS-350-94, Special Use Permit for Cellular One Telecommunications Facility. She stated this file was approved by the Board on June 28, 1994. Commissioner Gates moved to approve Resolution 94-93, file number ZS- 350-94, SUP for Cellular One Telecommunications Facility, located on Shrine Pass. Commissioner Johnson seconded the motion. The vote was declared unanimous. Ms. Haefeli presented Resolution 94-94, file number ZS-351-94, Special Use Permit for Cellular One Telecommunications Facility, located near East Vail. She stated this application was approved by the Board on June 28, 1994. Commissioner Johnson moved to approve Resolution 94-94, file number ZS- 341-94, SUP for Cellular One Telecommunications Facility, located near East Vail. Commissioner Gates seconded the motion. The vote was declared unanimous. Bellyache Homeowners Covenants Art Alpenalbp, Attorney representing the Bellyache Homeowners, ex.!?lained the request to the Board. He stated the covenants for Filing #1, requlre the Commissioners approve any amendments to the covenants. He related they have received approval from eleven of the ei9hteen members. Commissioner Gates questioned the lnvolvement of the County. Mary Jo Berenato, Deputy County Attorney, stated these covenants were 1 created in the 1970's and the County was involved with various subdivisions. commissioner Jormson moved to approve the amended consolidated restatement of covenants for Bellyache Ridge Subdivision. Commissioner Gates seconded the motion. The vote was declared unanimous. PD-138-93-S, Adams Rib Keith Montag, Commmity Development Director, presented file number PD- 138-93-S, Adams Rib. He stated this was a proposal for the Adams Rib Golf Course and Subdivision Sketch Plan. Mr. Montag stated the schedule of public hearings are attached but are subject to change. He stated a site visit is scheduled for July 26, 1994. Jim Fritze, County Attorney, asked if it was Mr. Montag's intent to operate off of the tabling or if this matter was going to be re-advertised. Mr. Montag stated he is operating off the tabling. Mr. Fritze advised the Board to only refer to the first date. Commissioner Johnson moved to table file number PD-138-93-S, Adams Rib Golf Course and Subdivision to September 26, 1994 6:30 p.m. Commissioner Gates seconded the motion. The vote was declared unanimous. Eagle County Commissioner Johnson moved to direct Staff to fly all flags on all County Buildings at half mast for fourteen (14) days or as lon$ as the Governor indicates, whichever is longer, in honor of the fireflghters who lost their lives fighting the fire in Glenwood Springs. Commissioner Gates seconded the motion. The vote was declared unanimous. Consent Calendar Chai:rrnan Phillips stated the next item was the consent calendar as follows: 01) Bill paying, subject to approval by County Manager 02) Change order number one to 1994 Guardrail Project 03) Agreement with Eagle Valley Chamber of Commerce 04) Agreement with C & S Productions for Audio Services 05) Agreement with Ea$le Valley School District 06) Agreement with Vall Associates for Communications 07) Agreement with Eagle Eye Photos for photographic services 08) Agreement with Lost Art for entertainment 09) Agreement with Kenny Rhea for entertainment 10) Agreement with John McEuen for entertainment 11) Agreement with Dawnia Carlson for entertainment 12) Agreement with Kerry Robinson for entertainment 13) Agreement with Rich Reinert for entertainment 14) Agreement with Julie Hunter for entertainment 15) Agreement with Westernaires for entertainment 16) Agreement with Silver Buffalo Band for entertainment 17) Agreement with Roysten Davenport for entertainment 18) Agreement with Brlan Carasik for entertainment 19) Agreement with Dennis Davidson for judging 20) Agreement with Chris Uphoff for judging 21) Agreement with Sharon Nieslandik for judging 22) Agreement with Kenny Reah for jud~ing 23) Agreement with Violet Mooney for Judging 24) Agreement with Craig Bair for judging 25) Agreement with Carol Beber for judging 26) Agreement with Bill Ekstrom for judging 27) Agreement with Leigh Struble for jud$ing 28) Agreement with Jeanie Weeks for jud$lng 29) Agreement with Bev Sheldon for jud$lng 30) Agreement with Bob Klenda for jud~lng 31) Agreement with Iris Franklin for ~udging 32) Agreement with Jean Wood for judglng 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 33) Agreement with Rose Dembrowski for judging Mary Jo Berenato requested items 24, 14, 5, 18, be ~ulled from the a$enda and the Chairman be authorized to sign the followlng contracts after slgned by the applicant, items 17, 16, 15, 13, 12, 11, 10, 9, 8, 7, 4, 6, 33, 32, 26, 27, 3. Ms. Berenato stated Eagle Eye Photos requested a free concession booth for the Eagle County Fair but were denied. Commissioner Gates stated he would like to see liquor service be restricted to certain areas during the Eagle County Fair. Ms. Berenato explained the contract between Eagle County and the Chamber of Commerce to the Board. Commissioner Jormson asked about item number 2, the 1994 Guardrail Project increase. John Althoff, Engineer, stated Don Fessler, Road & Bridge Supervisor, is securing funds to reimburse for this work from the individual who will incur the expense of fixing the damaged guardrail. Commissioner Johnson moved to approve the consent calendar as presented with changes as read by County Attorney. The Chairman Pro-tem shall be authorized to sign said contracts in the absence of the Chai:rrnan, and in the absence of the Chairman Pro-tem the Commissioner present shall be authorized to sign the contracts. Commissioner Gates seconded the motion. The vote was declared unanimous. Contract, State of Colorado Jim Fritze presented a contract between Eagle County and the State of Colorado for Environmental Health Services. He stated this contract increases the amount of compensation to be received by the County in the amount of $282.29. Mr. Fritze stated the Board will need to authorize the Chairman to sign the contract. Commissioner Gates moved to authorize the Chai:rman to sign a contract between Eagle County and the State of Colorado increasing the amount of compensation to be received by the County in the amount of $282.29. Commissioner Johnson seconded the motion. The vote was declared unanimous. Contract, State of Colorado Jim Fritze presented the 1994-95 EPSDT Contract between Eagle County and the State of Colorado for the use and benefit of the Department of Health. He stated this was an annual contract to provide early screening and diagnosis and treatment. Commissioner Johnson moved to approve the 1994-95 EPSDT Contract between Eagle County and the State of Colorado for the use and benefit of the Department of Health. Commissioner Gates seconded the motion. The vote was declared unanimous. Resolution, Willits Lane Intersection Jim Fritze presented Resolution 94-95, approving the contract between the County of Eagle and the State of Colorado for upgrade of willits Lane Intersection. He stated this contract is required by the State. Commissioner Johnson asked if this project would be completed in 1995 or if this contract was supplemental for willits Lane. Mr. Fritze stated it was supplemental. Commissioner Johnson expressed concern with the County obligating itself to 100%' of the cost but stated there are funds available for reimbursement. commissioner Gates moved to approve Resolution 94-95, approving the contract between Eagle County and the State of Colorado for upgrade of the willits Lane Intersection. Commissioner Jormson seconded the motion. The vote was declared unanimous. 3 Resolution, Alpine Bank Building Jim Fritze presented Resolution 94-96, accepting improvements as complete in regard to the Alpine Bank Building in EI Jebel and authorizing the release of collateral. He stated the Building Department has related all landscaping improvements have been completed. Commissioner Johnson moved to approve Resolution 94-96, accepting improvements as complete in regard to the Alpine Bank Building in EI Jebel and authorizing the release of collateral. Commissioner Gates seconded the motion. The vote was declared unanimous. Resolution, Blue Lake II Phil Scott, Engineering Technician, presented Resolution 94-97, authorizing full release of collateral, Blue Lake Filing II. He stated there have been paving failures. He recommended the Board approve the full release of collateral. Commissioner Johnson stated he believed the Certificate of Deposit should be changed to reflect the change in the amount held by the County. Commissioner Johnson moved to approve Resolution 94-97, authorizing the full release of collateral for Blue Lake Filing II. The Resolution shall reflect the change to the amount. Commissioner Gates seconded the motion. The vote was declared unanimous. Resolution, Planning Catmission Jim Fritze presented Resolution 94-98, concerning appointments to the Eagle and Colorado Planning commission, Roaring Fork Valley Planning Commission, Zoning Board of Adjustments and the Building Board of Appeals as follows: Eagle & Colorado Valley Plannin$ Commission Alternate Member: Jorm Mllligan Al ternate Member: patricia Hamon Roaring Fork Valley Planning commission Regular Member: Peter Delany Zoning Board of Adjustment Alternate Member: Diane Milligan Alternate Member: Bruce Hasbrouck Building Board of Appeals: Regular Member James Morter Alternate Member: Larry McKinzie Alternate Member: Andrew Beck Alternate Member: Dave Stanish Commissioner Gates moved to approve Resolution 94-98, concerning appointments to the Eagle & Colorado Planning commission, Roaring Fork Valley Planning Commission, Zoning Board of Adjustments and the Building Board of Appeals. commissioner Johnson seconded the motion. The vote was declared unanimous. Resolution, Social Services Jim Fritze stated the next item on the agenda was a Resolution authorizing the Eagle County Department of Social Services to execute Small Provider Contracts. He requested this matter be pulled from the agenda as there are modifications pending. Carol Dahlinger, Supervisor, stated they would like the Director of Social Services to be able to negotiate and sign the contracts with individual therapists. Commissioner Gates moved to table the proposed Resolution for Social Services, item "G" on the agenda. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Commissioner Jormson seconded the motion. The vote was declared unanimous. Commissioner Gates moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensin$ Authority. Commissioner Jormson seconded the motlon. The vote was declared unanimous. Bristol at Arrowhead Earlene Roach, County Liquor Inspector, presented a renewal of a Hotel and Restaurant License with Extended Hours and Optional Premises for Kaivo, Inc., dba/Bristol at Arrowhead. She stated an inspection was performed and everythin$ was in order. COmmlssioner Jormson asked if the applicant checks the liquor stock periodically. The applicant answered yes. Commissioner Gates moved to approve the renewal of a Hotel and Restaurant License with Extended Hours and Optional Premises for Kaivo, Inc., dba/Bristol at Arrowhead. Commissioner Jormson seconded the motion. The vote was declared unanimous. Opinions Down Valley Bistro Earlene Roach presented a renewal of a Hotel and Restaurant License with Extended Hours for Beconta, Inc., dba/Opinions Down Valley Bistro. She stated an inspection was conducted of the premises and all was in order. Commissioner Johnson moved to approve the renewal of a Hotel and Restaurant License with Extended Hours for Beconta, Inc., dba/Opinions Down Valley Bistro. Commissioner Gates seconded the motion. The vote was declared unanimous. Buss' Place Earlene Roach presented a renewal of a 3.2%' Beer License for Robert & Sherry DeHerrera, dba/Buss' Place. She informed the Board this license was previously tabled to determine if this establishment was an on-premise or off-premise license. She stated the Colorado Department of Revenue has now changed the license to an off-premise license. Ms. Roach stated an inspection was made of the premise and all was in order. Robert DeHerrera, applicant, stated he prefers an off-premise license. Commissioner Johnson asked if anyone consume's alcohol on premises. Mr. DeHerrera stated on-premise consumption occurred ten years in the past but does not happen now. Commissioner Gates moved to approve the renewal of a 3.2%' Off-Premise Beer License for Robert & Sherry DeHerrera, dba/Buss' Place. Commissioner Jormson seconded the motion. The vote was declared unanimous. Beano's Earlene Roach presented a Modification of Premises and Manager's Registration for Beaver Creek Food Services, Inc., dba/Beano's. She stated the new manager is Bruce Deimel and the modification is to add an Optional Premise. Commissioner Johnson questioned the boundary of the OJ?tional Premise. Ron Baker, representing the applicant, stated the Optlonal Premise is at the base of the Centennial Express Chair Lift. Commissioner Johnson asked about the distance between Beano's Cabin and the Optional Premises. Mr. Baker stated there is approximately two miles between the two. Commissioner Johnson voiced his objectlon to the Optional Premises as he 5 believes each establishment should have a se~arate and distinct license. Jim Fritze requested the Board table thlS matter to investigate the Optional Premise boundary as compared with the County's Optional Premise Resolution. commissioner Jormson moved to approve the Manager's Registration for Bruce Deimel as manager of Beano's Cabin. Commissioner Gates seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to table the Modification of Premises for Beaver Creek Food Services, dba/Beano'S Cabin to July 12, 1994 at 1:30 p.m. Commissioner Gates seconded the motion. The vote was declared unanimous. Inn at Beaver Creek Earlene Roach stated the next item on the agenda was a Transfer of Ownership for Beaver Creek Food Services, dba/Inn at Beaver Creek. She stated the applicant has withdrawn this application. The Board acknowledged the withdrawal of the application. Saddleridge at Beaver Creek Earlene Roach presented a transfer of ownership application for a Hotel and Restaurant License with Extended Hours for Beaver Creek Food Services, Inc., dba/Saddleridge at Beaver Creek. She stated this matter was previously tabled to allow the applicant time to research the outside area of the establishment. She stated an inspection was made of the premises and all was in order. She stated also included in the application is a Manager's ( Registration for Jeff Papp, who has no criminal history as reported by t~ Eagle County Sheriff's Office. ~ Commissioner Gates moved to approve the transfer of ownership for Beaver Creek Food Services, Inc., dba/Saddleridge at Beaver Creek. Commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Gates moved to approve the manager's registration for Jeff Papp. Commissioner Johnson seconded the motion. The vote was declared unanimous. Splendido Earlene Roach presented a transfer of ownership for Vista Hospitality, Inc., dba/Splendido. She stated there is a managers registration for Gregory Cheval. She stated an inspection was conducted of the premises and all was in order. Discussion followed on the Clerk's Office being contacted by employees concerning liquor sales going on without a license. Michael Sheffler, applicant, explained once they were informed they could not sell alcohol it was immediately stopped. Commissioner Johnson moved to approve the transfer of ownership for Vista Hos~itality, Inc., dba/Splendido. cormussioner Gates seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to approve the Managers Registration for Gregory Cheval, manager of Vista Hospitality, Inc., dba/Spendido. Commissioner Gates seconded the motion. The vote was declared unanimous. Linda I s Kitchen Earlene Roach stated the next item on the agenda was a new Hotel and Restaurant license for Linda M. Little, dba/Linda'S Kitchen. She stated the applicant is not present at this time. Commissioner Johnson moved to table Linda's Kitchen to 4:30 p.m. today 6 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 to allow the applicant time to appear. Commissioner Gates seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Gates seconded the motion. The vote was declared unanimous. Eagle County Fires A.J. Johnson, Eagle County Sheriff, reported on the forest fire located in the Sheephorn area on private property. He informed the Board the Sheriff's Office has exceeded the agreement with the Forest Service and are into an expense issue. Mr. Jormson stated the cost of this fire is averaging between $40,000.00 and $60,000.00 per day. Commissioner Johnson asked how large the fire was at the current time. Mr. Johnson stated the fire has consumed approximately fifteen (15) acres and is proceeding to increase. Commissioner Johnson asked the Sheriff to estimate how many days it will take to put out this fire. Mr. Johnson stated it could take approximately four to five more days. He reiterated the fire is currently on private property but is threatening Forest Service property. Commissioner Gates questioned the Emergency Fire Fund. Phil Bowden, Forest Service, stated air tankers were under mutual aid and will be paid for by the Forest Service. Commissioner Johnson asked what amount the County would be participating in. Mr. Johnson stated the County would be putting in approximately $10,000.00 per day. Chairman Phillips asked if the County had a choice. Mr. Johnson stated the County does have an agreement and a responsibility to help in the costs. Commissioner Johnson moved to authorize the County Sheriff the leway to spend an additional $50,000.00 to fight the Sheephorn fire. The County Manager shall be authorized to approve any additional funds. commissioner Gates seconded the motion. The vote was declared unanlmous. Commissioner Johnson moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authorlty. Commissioner Gates seconded the motion. The vote was declared unanimous. Linda's Kitchen Earlene Roach presented a new application for a Hotel and Restaurant License for Linda M. Little, dba/Linda's Kitchen. She stated Ms. Little still owes approximately $800.00 in back ~roperty taxes and the County Environmental Health Office has some remalning concerns but other items have been taken care of. She informed the Board Ms. Little has related she would not be present for this hearing. Chairman Phillips stated she has concerns with Ms. Little not being present for this hearing and property taxes not being paid. Commissioner Johnson stated the agreement for back taxes was a monthly payment schedule. Chairman Phillips asked what would happen if the Board denied this application. Ms. Roach stated if the Board denies the license application Ms. Little could serve food but not alcohol as of this date. Commissioner Gates spoke with Ms. Little today and she informed him if her license was not renewed she would be forced to close. Commissioner Johnson stated if the applicant were present it would be 7 easier. He questioned the checks given the County to pay for her liquor license that will not clear the bank at the current time. Further discussion continued on the liquor license for Linda M. Little. Commissioner Gates moved to deny the new application for Hotel & Restaurant license for Linda M. Little, dba/Linda's Kitchen. Commissioner Johnson seconded the motion. In discussion, commissioner Johnson stated he understands the circumstances and has difficulty denying a license without the applicant present. Discussion followed on the liguor license for Linda M. Little. Commissioner Gates withdrew hlS motion. Commissioner Johnson withdrew his second. Commissioner Johnson moved to table a new Hotel and Restaurant license for Linda M. Little, dba/Linda's Kitchen, to July 12, 1994 at 1:30 p.m. Commissioner Gates seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Gates seconded the motion. The vote was declared unanimous. Resolution, Cordillera Filing 10 Mark Avery, representing Cordillera, presented Resolution 94-99, authorizing the substitution of collateral for Cordillera, Filing 10. He explained the Resolution to the Board. Mr. Avery stated a Letter of Credit in the amount of $1,600,000.00 has been submitted. Commissioner Gates moved to ap~rove Resolution 94-99, authorizing the substitution of collateral for Cordlllera, Filing 10. Commissioner Jormson seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until July 21, 1994. Attest: 8