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HomeMy WebLinkAboutMinutes 03/26/96 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING MARCH 26, 1996 Present: George "Bud" Gates Johnnette Phillips James Johnson, Jr. Sara J. Fisher Chairman Corrmissioner Commissioner Clerk to the Board 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 Local Liquor Licensing Authority. Mulligan's Earlene Roach, Liquor Inspector, presented a renewal of a hotel and restaurant license with extended hours and optional premises on the golf course for Eagle-Vail Metropolitan District, dba/Mulligan's. She stated all documentation is in order and all fees have been paid. Ms. Roach stated an inspection was made of the premises, there were no problems. The applicant and Staff will meet on site after the snow melts to tour the boundaries of the golf course to determine if additional signage is needed. The applicant has an affidavit dedicating easements across the roads which is currently being reviewed by the Attorney's Office. The Sheriff's Office reports no complaints or disturbances during the past year. Staff recommended approval. Commissioner Johnson questioned the meeting on sight before the golf course opens. Tom McNeil, manager, responded the snow will be there for quite awhile and there will still be some snow when the course opens. Commissioner Phillips moved to approve the renewal of a hotel and restaurant license with extended hours and optional premises for Eagle-Vail Metropolitan District, dba/Mulligan's. Corrmissioner Johnson seconded the motion. The vote was declared unanimous. Blue Creek Grill Earlene Roach presented a renewal of a hotel and restaurant license with extended hours for Fabulous Foods, Inc., dba/Blue Creek Grill. She stated all documentation is in order and all fees have been paid. An inspection was made of the premises and there were no problems. The Sheriff's Office reports no complaints or disturbances during the past year. Staff recorrmended approval. Chris Sapp, owner, was present. Commissioner Johnson asked about TIPS training. Mr. Sapp responded they have hired a wait person who he believes is TIPS trained. Corrmissioner Johnson explained the TIPS program and suggested Mr. Sapp consider implementing TIPS training. Corrmissioner Johnson moved to approve the renewal of a hotel and restaurant license with extended hours for Fabulous Foods, Inc., dba/Blue Creek Grill. Corrmissioner Phillips seconded the motion. The vote was declared unanlmous. Shortstop Earlene Roach presented a renewal of a tavern license with extended hours for Stasmore, Inc., dba/Shortstop. She stated all documentation is In order and all fees were paid. An inspection was made of the premises and there were no problems. The Sheriff's Office reported a fight and removal of 1 an intoxicated person. The fight happened outside the establishment and apparently no one was drunk and the intoxicated person came into the Shortstop and employees called to have him removed. They did not serve this individual. Staff recommended approval. Michael Stascavage, owner, was present for the hearing. corrmissioner Johnson questioned the applicant's consideration of changes to his establishment. He thanked Mr. Stascavage for his decision not to go forward with his plans. Commissioner Phillips moved to approve the renewal of a tavern license with extended hours for Stasmore, Inc., dba/Shortstop. Corrmissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Johnson asked about employees going through TIPS training. Mr. Stascavage responded all employees go through TIPS training. El Jebowl Earlene Roach presented a renewal of a tavern license with extended hours for EI Jebowl, Inc., dba/EI Jebowl. 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. An inspection was not made due to Mr. Crawford's funeral. Corrmissioner Johnson moved to approve the renewal of a tavern license with extended hours for Jebowl, Inc., dba/EI Jebowl. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. Terrace Restaurant Earlene Roach presented a renewal of a hotel and restaurant license with extended hours for Joe D. Cowan, dba/Terrace Restaurant. All documentation is in order and all fees have been paid. The Sheriff's Office reports no complaints or disturbances during the past year. An inspection was made of the premises and the sales tax license was not posted, however the applicant has rectified that issue. Staff recommended a~proval. Commissioner Johnson asked about TIPS tralning. Joe Cowan, owner, explained their severs go through a training twice annually. He stated that they do not give it as serious a look as perhaps they should but they do a low volume in alcohol. Commissioner Johnson suggested they take a proactive stance regardless of the amount of alcohol sold. Corrmissioner Phillips moved to approve the renewal of a hotel and restaurant license with extended hours for Joe D. Cowan, dba/Terrace Restaurant. Corrmissioner Johnson 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 Corrmissioners. Corrmissioner Phillips seconded the motion. The vote was declared unanimous. Resolution 96-27, Cordillera & Squaw Creek Metro Districts Keith Montag, Director of Community Development, presented the First Amendment to the Cordillera and Squaw Creek Metropolitan Districts. He explained the amendment to the Board stating these are two files combined into one. Mr. Montag introduced the representatives and stated the purpose of this hearing is to amend the districts which would allow them to purchase open space. The purchase would be for the exclusive use of the members of the district. The ori~inal service plan did not include recreation and park services to occur withln the districts. The existing mill levy is not expected to change. He referred to the service plan. The Finkel property is within the Cordillera and Squaw Creek districts as well as the Western Eagle county Metropolitan Recreation District. Mr. Montag referred to staff's comments and read them as listed in staff's presentation. There are two sets of findings the Board needs to make. He referred to 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 those listed on page two of staff's presentation. Staff is recorrmending approval as long as the items identified by staff can be achieved. The planning commission recommended denial when heard on March 6, 1996. Those reasons were listed in staff's presentation as 1) duplication of services whereby two districts are capable of providing the same service, 2) property tax will be paid to two districts, 3) why can't the homeowners association proivide the service, 4) the service is proposed as exclusive to the Cordillera property owners rather than to the public,S) non-conformance to the Master Plan relative to the proliferation of districts. Mark Avery, Cordillera and Squaw Creek Metro, introduced Matt Dalton, Stan Bernstein, Jerry Ingle, Chris williams and Tom Metza. He explained the parcel on the map and reviewed the history thus far. The Board pursued the purchase of the property with their owners and residents direction. They approached Western Eagle County Metropolitan District and implemented an Intergovernmental Agreement. The process they went through, public meetings, surveys, and vote is similar to that the county went through with coming up with the County's master plan. The Board feels they are in compliance with the master plan. Chris Williams, Western Eagle County Metropolitan Recreation District, explained they were presented with an lGA and reviewed the possibilities with their attorney. They discussed WEOVJRD would not be able to supply the equestrian activities that are requested. Mary Jo Berenato, Deputy County Attorney, asked who the WEOVJRD's attorney is. Mr. Williams responded Kevin Lindahl. Ms. Berenato asked if WEOVJRD intends to ever provide equestrian services? She stated Cordillera's position has been that WEOVJRD will never provide the service. Matt Dalton stated it is not their position that WEOVJRD is not providing equestrian services. They are talking of the inability for WEOVJRD to provide the services requested within the district. Mr. Dalton referred to the service plan. He referred to the County's standing that once WEOVJRD is in place, they have the exclusive authority to provide the services. He discussed their position. The point is the district doesn't have to do anything. He stated the supreme court has no objection so long as the function is different. They are looking to provide totally localized services to the owners and residents of this area. Another objection is to the funding. The taxpayers are asking the bonds be floated to pay for these services. He referred to the homeowner's association and their limited funding capabilities. Violation of the master plan he does not feel is the case. The master plan discourages separate small districts. They are not forming a new district or eliminating one. Corrmissioner Johnson questioned the statement that WEOVJRD is too large to provide the services. Mr. Dalton responded it is not necessarily too large but perhaps the are not able to provide the service needed. Corrmissioner Johnson asked if they have considered being excluded from the recreation district. Mr. Dalton stated he would assume them to not want to do so. He stated they are trying to do this in a cooperative fashion. Commissioner Johnson stated they are requesting to be able to provide park and recreation services to people who own homes up in that area. He referred to the pocket parks. Maintainin;J the Finkel parcel as open space is what is the desire. They are not suggestlng the Cordillera residents should not pay taxes to WEOVJRD. They are here because they want to see the Finkel parcel maintained. Ms. Berenato referred to the different functions. She asked if they would be providing equestrian service. Mr. Dalton responded they are the same function but they are different because of location. Ms. Berenato questioned the health, safety, welfare issue. Commissioner Phillips suggested if the people requested the service and can support it. She questions the double payment of property tax and the 3 mill levy not changin~. Mr. Dalton explalned the tax base has increased but the mill levy stays the same. Commissioner Phillips questioned Cordillera's non existence when WECMRD began, fourteen years a;Jo. She asked about the tax deductibility? Mr. Dalton stated It comes up all the time. The fees are roughly the same but half are able to be written off as ~art of the district. Chairman Gates questioned their purchaslng the ground outright without being in a district. Mr. Dalton explained the homeowner's association does not have the funding or the tax deductions. The homeowner's association does not have the amenity as does the district or the County. Insurance costs would be excessive. Commissioner Johnson asked what the cost for maintaining the parcel as an equestrian center would be. Mr. Dalton stated 3 million to buy, 1/2 a million to fix it up. Jerry Ingle, Squaw Creek and Cordlllera Metro Districts, explained the o~erating revenues will be in the 280,000 range and expenses 360,000. The dlfference will be 80,000. Mrs. Berenato questioned the applicant if they would intend to do anything else with the property would they be willing to condition this exception. Jerry Ingle surrmarized their position. Sixty points he stated are consistent with the master plan. They do have a difference of opinion but they do have all the bonding and financing. The legal discussion there may be a disagreement on. This is not a unique or new position. Ms. Berenato asked about exclusivity. Mr. Dalton responded Cordillera has plenty of residents to justify the exclusivity. Ms. Berenato questioned the exclusivity again. She asked who the Bond Council is and the response was Dee Wiser at Sherman and Howard. Mr. Ingle returned to his position. The taxpayers of Cordillera can use WECMRD and do so as they chose. He stated they limited the process to every homeowner which is now about 400. The homeowners said they would like the service. He referred to the master plan and stated there are 61 issues that deal with this acquisition and the maintenance of such will allow. Ms. Berenato stated the service plan amendment asks for exclusive use by the residents of Cordillera. Mr. Dalton stated operationally, they will have to be open to the public. They will come in and go through the land use regulations. He stated it is operating as a public business now with many violations. What also is a benefit is a group of homeowner's buying it and conforming to the issues of the master plan. They are looking for new and inventive ways to assure open space. He questions why the process they have followed will not be accepted. He believes this is the best way to keep the property open and usable. He again stated they comply with so much of the land use regulations. They have done all of the analysis and they know the ~roperty. Chairman Gates asked if they are creating a proliferation of dlstricts and that is the big question. Mr. Ingle responded they are not proliferating, they are not multiplying. They are talking about government agencies getting together to figure out the best way to provide services. That is consistent with the master plan. Commissioner Johnson stated there are two special districts Squaw Creek and Cordillera which can purchase the property and the residents could still utilize the tax break benefits for the purchase. He referred to the 80,000 a year subsidy annually. Corrmissioner Johnson suggested the homeowner's association could contract out for the use of the parcel. Mr. Ingle stated there is a hugh government liability issue and capital improvement. The building is in full non-conformance. For them to float bonds, they need this authority. Ms. Berenato stated it is currently being run by a private party. Commissioner Phillips stated if this is an amendment it is not an additional district. It is an additional power. Mr. In;Jle reviewed the history again. When they first set up the district thls was not contemplated. Things change, there are 400 owners now. Today, Mr. Ingle stated there are 400 people who want and need you to do this 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 to approve the facility. Ms. Berenato referred back to the issue that this is not a vacuum and asked if Cordillera would support a mill levy for WECMRD later on. Mr. Ingle stated they are not proliferating districts. He referred to the lGA for fire protection service. Chairman Gates asked Mr. Montag for his input. Mr. Montag responded Mr. Ingle makes some very good points regarding the applicability to the master plan. He stated they are not creating a new district but expanding services. The overlapping of the districts brings it to question. Mr. Montag believes it does conform to the master plan. Corrmissioner Johnson asked if this were a new district coming in and were going to provide all the services they do and additionally, park and recreation, would that be allowed. He asked if they would be able to create a new district that provided those services and more. Mr. Montag stated they would then question the proliferation of services and offer additional options. Ms. Berenato stated their lGA's are not necessarily legal. Mr. Dalton stated case law does not talk about lGA's but they do talk about the duplication of services and taxes. WECMRD has chosen not to supply the services being requested. Commissioner Johnson stated he does not see a different service being provided. An equestrian center is not a separate service. Mr. Dalton stated they are subjecting themselves to County regulations and can do so through the service plan and recording. Mr. Montag responded another option is for the district to purchase the property and then have an agreement with WECMRD to operate. Commissioner Phillips moved to approve and sign Resolution 96-27, First Amendment to the Cordillera and Squaw Creek Metropolitan Districts. Commissioner Johnson seconded the motion. In discussion, Commissioner Phillips stated there are questions she has in her mind about proliferation of districts and understands this to be an additional power. WECMRD is willing to enter into this agreement and would be willing to do so with other entities. She understands the residents and tax payers of the district want this. The equestrian center has been there a long time and a new owner would enhance thin;Js. Commissioner Johnson stated he agreed wlth Commissioner Phillips about providing the services but sees a better way for the homeowner's of Cordillera and Squaw Creek. He referred to statutes. He does not feel it meets the criteria to approve an amendment. Chairman Gates believes more time is needed to come up with a good decision. Chairman Gates called for the question on the motion. Corrmissioners Gates and Johnson voting no and Corrmissioner Phillips voting yes. Commissioner Johnson moved to deny files SD-009-96 and SD-010-96. Commissioner Phillips seconded the motion. Commissioners Johnson and Gates voting aye and Commissioner Phillips voting no. Prime Computer System Bid Mike Bradley, Buildings & Grounds Supervisor, presented the acceptance of the Prime Corrputer System Bid. He explained the bid to the Board. Commissioner Johnson moved to accept the bid from Prime Corrputer Systems. Corrmissioner Phillips seconded the motion for discussion. The vote was declared unanimous. Community Policing position Jim Fritze, County Attorney, presented an application for Grant Funds for the Community Policing position. He explained the Grant Funds to the Board. Commissioner Johnson moved to approve and sign the application for Grant Funds for the Community Policing position. 5 Commissioner Phillips seconded the motion. The vote was declared unanimous. Cordillera and Squaw Creek Metro Districts The Board returned to the item regarding the Cordillera/Squaw Creek Metro districts. Chairman Gates stated the Board is willing to reconsider the previous motion. Commissioner Phillips moved to reconsider the motion to deny this application and at this time table this item for no more than thlrty days. Corrmissioner Johnson seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until April 1, 1996. Attest: L Q. ;;k Clerk to t e Board ~1~--1 /~ 6