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HomeMy WebLinkAboutMinutes 05/21/96 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING MAY 21, 1996 Present: Johnnette Phillips James Johnson, Jr. Sara J. Fisher Commissioner commissioner Clerk to the Board Absent: George "Bud" Gates 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 Local Licensing Authority. Shrine Mountain Inn Hyatt Regency Beaver Creek Eagle Springs Golf Club Sara J. Fisher, Clerk & Recorder, stated the first three licenses on the agenda, Shrine Mountain Inn, Hyatt Regency Beaver Creek and Eagle Springs Golf Course, need to be tabled to June 4, 1996 at 9:00 a.m. Commissioner Johnson moved to table the liquor licenses for Shrine Mountain Inn, Hyatt Regency Beaver Creek and Eagle Springs Golf Club to June 4, 1996 at 9:00 a.m. Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Chairman Gates was out of town. Ranch at Berry Creek Sara J. Fisher presented a new application for an Optional Premise License for Equestrian's, Inc., dba/Ranch at Berry Creek. The application is in order and all fees have been paid. The applicants are reported to be of good moral character. This application is to allow alcohol to be sold during all events at the equestrian center. An inspection was made of the premises and all was in order. Staff recommended approval. Gail Grider, applicant, explained the premises to the Board. She explained their desire to have the optional premise license so there is greater flexibility for use. The Board questioned the boundary line being the same as that used by the school and the 500 foot limit requirement. They also questioned the service of food, a lease amendment indicating the landlord agrees to liquor service at all times not just for special events. Jim Fritze, County Attorney, stated as this is a new license and a stand alone license, many of the issues apply but differently. He explained the requirements that do apply and the one he is concerned about is knowing the distance from the Berry Creek School. Discussion followed on the proposed application. commissioner Johnson moved to table the Optional Premise License for Equestrians, Inc., dba/Ranch at Berry Creek to May 28, 1996 at 9:00 a.m. Chairman Pro-tern Phillips seconded the motion. In discussion, Jim Fritze questioned the issues that were pointed out by Bob Loeffler, Ass't. County Attorney, those being the lease amendment, control and licensed boundary. Chairman Pro-tem Phillips called for the question on the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Johnson moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Chairman Pro-tern Phillips seconded the motion. Of the two voting Corrmissioners the vote was declared unanimous. 1 1989 Treasurer's Tax Certificate Mary Jo Berenato, Deputy County Attorney, presented a request to purchase a 1989 Treasurer's Tax Certificate. She explained the certificate to the Board. She stated the purchase ~rice is $124,009.49. Ms. Berenato stated Mr. Forier did sign the indemniflcation agreement. She explained the process the tax certificate will follow. Karen Shaeffer, Eagle County Treasurer, stated she believes the Board's resolution comes first, the certlficate is signed, notice is published and a letter is sent to the tax administrator. She read from State Statute. She sees the certificate being signed today and payment to be made. At that time public notice will be made. John Forier, proposed purchaser, stated since these certificates are being challenged, they researched exactly how this must be done. Vail Associates' involvement has determined this. The intention is to publicize next week. Ms. Berenato suggested he make payment with the understanding it still requires State approval. Mr. Forier stated this is not optimal. He would like to know the State has approved it prior to the payment. Ms. Berenato stated the County will issue the certificate and the State will then approve it. Ms. Shaeffer stated the only time they have done this they followed the similar process. Mr. Forier asked how long it will take. Ms. Shaeffer stated she does not know exactly but it could be upwards of two months. Ms. Berenato stated the $124,009.49 is only good until May 1, 1996. Chairman Pro-tern Phillips questioned Mr. Foyer if there is a right-of- way to allow for possession. Mr. Forier stated some think there could be access problems but Glen Miller believes it to be otherwise. Commissioner Johnson questioned if Mr. Foyer believes he is purchasing 120 acres of service rights. Mr. Forier stated the surface right in his mind, if he adds another building, he might have the right under this agreement to construct a new building under the surface right. Ms. Berenato stated the certificate covers only the buildings, no surface right, nothing else. Mr. Foyer believes it to be different. Ms. Berenato stated the Board is authorizing the certificate of purchase. Terri Schall, Treasurer's Office, stated they have a listing of whatever is covered. Mr. Forier asked if it references the Deed. Ms. Shaeffer stated it does not reference the Deed. Commissioner Johnson stated he doesn't know if what they are doing now is research. He stated the Board needs to determine if they will approve this purchase. Chairman Pro-tern Phillips stated all they are doing is conveying the Treasure's Certificate. Ms. Shaeffer affirmed that and stated the law changed in 1992. Commissioner Johnson moved to approve the Resolution 96-61 authorizing the request to purchase a 1989 Treasurer's Tax Certificate for the personal property located in Gilman. Chairman Pro-tern Phillips 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 May 28, 1996. Attest: d~-'-,4#~ 2