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HomeMy WebLinkAboutMinutes 02/22/99 PUBLIC HEARING FEBRUARY 22, 1999 Present: Johnnette Phillips Tom Stone James Johnson, Jr. James Fritze James Hartmann Sara J. Fisher Chairman Commissioner Commissioner County Attorney County Administrator Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Consent Calendar Chairman Phillips stated the first item on the agenda was the consent calendar as follows: A) Approval of bill paying for week of February 22, 1999, subject to review by County Administrator B) Approval of payroll for February 25, 1999, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioner meetings for January 25, 1999, February 1 & 8, 1999 D) Resolution 99-023, final release of collateral and termination of the Subdivision Improvements Agreement for Eby Creek Mesa Subdivision, Phase III E) Resolution 99-024, notifying the State Treasurer to distribute Federal Mineral Leasing Funds in accord with the provisions of Section 34-63-102, C.R.S. F) Resolution 99-025, appointing James E. Johnson, Jr. as Eagle County's voting Director to the Roaring Fork Transit Agency G) Resolution 99-026, appointing Laura Anderson to the Basalt Regional Library Board of Trustees H) Bid award for the 1999 Gravel Haul and Supply Agreement for approximately 39,8330 tons from Harry's Heavy Haulers, Rifle, Colorado I) Bid award for the 1999 Magnesium Chloride Supply and Application Agreement for approximately 596,797 gallons from Harry's Heavy Haulers, Rifle, Colorado J) Bid award for replacement of one 1993 International Plow Truck, #6214 with plow and sander to Hanson Equipment and Kois Brothers for Road & Bridge Department K) Bid award for replacement of one 1991 Dodge 15 passenger Maxi Van, #5591 to Formby Ford for Senior Services. Commissioner Johnson spoke to item F and asked if John Freeman should be listed as the alternate for the Roaring Fork Transit Agency. Bob Loeffler, Deputy County Attorney, responded he is not sure what the policy has been in regards to an alternate. George Roussos, County Engineer, stated the purpose of the resolution is for the voting director which is restricted to elected officials. Commissioner Johnson moved to approve the consent calendar as presented. Commissioner Stone seconded the motion. In discussion, Chairman Phillips stated she was not present on the 8th of February and asked the 1 02-22-1999 other Commissioners if they had any questions or concerns with the minutes. Commissioners Stone and Johnson answered no. Chairman Phillips called for the question on the motion. The vote was declared unanimous. Plat & Resolution Signing Scot Hunn, Planner, presented the following plats and resolutions for the Board's consideration: 5MB-00155. Lot 19. Berry Creek Ranch. He stated this is a Minor "Type B" Subdivision, a resubdivision of Lot 19 to create two lots, Lot 19 E and Lot 19 W, along with an access easement. This plat does contain a duplex split caveat stating that only one two-family residence may be built on the combined area of the two lots. Commissioner Stone moved to approve final plat file number 5MB-00155, Lot 19, Berry Creek Ranch, incorporating staff findings. Commissioner Johnson seconded the motion. The vote was declared unanimous. 5MB-00160. River Pines Condominium Map. He stated this was a Minor "Type B" Subdivision, a resubdivision of Lot 1, River Pines, to create 72 condominium units, a "Future Expansion Unit", limited and general common elements and utility easements. Commissioner Johnson asked what the "future expansion unit" is. Mr. Hunn explained this is a combination of condominium units and air space. Mr. Loeffler stated the condo, called the expansion, is four or five units in number and was recently approved by the Board. Mr. Sante, project coordinator of River Pines, explained it is for five more condominium units. Commissioner Stone asked if that is stated anywhere. Mr. Loeffler answered it is in the condominium declaration. Commissioner Johnson moved to approve final plat file number 5MB-00160, River Pines Condominium Map, incorporating staff findings. Commissioner Stone seconded the motion. The vote was declared unanimous. Mr. Sante thanked the Board and reminded them the people of Lone Pine will be seeing more money as a result of this closing. Diamond S. Ranch Bob Loeffler spoke to the Floodplain Development Permit for Diamond S Ranch for construction of a new bridge. He stated he has the information but does not see it on the agenda. He suggested it could be time sensitive. The Board concurred to hear this matter at 1 :30 today. Final Settlement, Site Resource Management Ellie Caryl, Regional Transportation Authority, presented final settlement for Site Resource Management for construction of bridge abutments and bridge installation at Lake Creek. She stated this matter was published and no claims have been received. Staff recommended approval. Commissioner Stone moved to approve final settlement for Site Resource Management, for construction of bridge abutments and bridge installation at Lake Creek. Commissioner Johnson seconded the motion. The vote was declared unanimous. 2 02-22-1999 FAA Application, Airport Improvement Project Jim Elwood, Airport Manager, presented the Federal Aviation Administration Application for Airport Improvement Project Grant Funding, AlP 3-08-0020-26. He explained the overlay project to the Board. He explained some of the issues surrounding the work to be done. He stated he will come back and explain the project in detail once it has been scheduled. He recommended the Board approve the application. Commissioner Johnson asked if Congress doesn't give out appropriations, what are the options. Mr. Elwood stated this project would not happen. He explained some of the other alternatives and the entitlement money they still have to work with. Commissioner Stone questioned the apron. Mr. Elwood explained. Commissioner Johnson moved to approve the FAA Application for Airport Improvement Project Grant Funding, AlP 3-08-0020-26. Commissioner Stone seconded the motion. The vote was declared unanimous. Intergovernmental Agreement, Jules Drive Extension Jim Hartmann, County Administrator, presented an Intergovernmental Agreement regarding Jules Drive extension and the Eagle County Joint Vehicle Maintenance Center, better known as the maintenance service center. He explained some ofthe history of the IGA and the modifications recently received. He recommended approval and asked the Board to authorize the Chairman to sign the final document when it arrives. Commissioner Stone questioned the additional changes. Mr. Hartmann explained. Commissioner Stone moved to approve the Intergovernmental Agreement regarding Jules Drive extension and the Eagle County Joint Vehicle Maintenance Center. The Chairman shall be authorized to sign the final document when received from the Town of Gypsum. Commissioner Johnson seconded the motion. The vote was declared unanimous. 1041 Permit - Town of Eagle's Water Treatment Facility Ray Merry, Environmental Health Officer, presented a 1041 Permit completeness hearing for a major extension of an existing water treatment system and the efficient utilization thereof for the Town of Eagle's expansion of their water treatment facility. The tentative hearing dates are 3/17 and 3/29. Mr. Merry stated the Town is allowed to ask for a waiver of a special use permit as it would serve no planning tool. The estimated fees are $1535.00. Commissioner Johnson moved to accept and find the 1041 Permit application complete and set the estimated fees at $1535.00. The special use permit requirement shall be waived. Commissioner Stone seconded the motion. The vote was declared unanimous. AFP-00048, Edwards Village Center Terri Bernath, Planner, presented file number AFP-00048, Edwards Village Center. She stated this was a request to abandon existing property line and vacate common easements. Staff recommended approval. 3 02-22-1999 Commissioner Stone moved to approve file number AFP-00048, Edwards Village Center, incorporating Staff findings. Commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Stone seconded the motion. The vote was declared unanimous. EI Jebowl Earlene Roach, Liquor Inspector, presented a renewal of a tavern license for El Jebowl, Inc., db aiEl Jebowl. She stated the application is in order and all fees have been paid. The Sheriff s Office reports no complaints or disturbances since the show cause hearing in March of 1998. At that time this establishment was suspended for four (4) days. Commissioner Stone asked what a show cause hearing is. Ms. Roach explained the process and the results of the last hearing. Commissioner Johnson asked how things have been. Glen Harris, applicant, explained and stated Shim still comes in but she is not allowed to drink alcohol on the premises. Commissioner Stone moved to approve the renewal of a tavern license for El Jebowl, Inc., dba/El Jebowl. Commissioner Johnson seconded the motion. The vote was declared unanimous. Eagle Springs Golf Club Earlene Roach presented a renewal of a private hotel and restaurant license for Eagle Springs Golf Club. She stated this application is in order and all fees have been paid. The Sheriffs Office reports no complaints or disturbances during the past year. Staff recommended approval. Tina Doran-Boyd, representing the applicant, was present for the hearing. Commissioner Stone moved to approve the renewal of a private hotel and restaurant license for Eagle Springs Golf Club. Commissioner Johnson seconded the motion. Commissioners Phillips and Stone voting aye and Commissioner Johnson voting no. Commissioner Johnson stated he does not agree with private hotel and restaurant licenses which is the reason he voted no. Vail Food Services, Inc. Beaver Creek Food Services, Inc. Earlene Roach presented a change in corporate name for Beaver Creek Food Services, Inc. and Vail Food Services, Inc. The new name will be Beaver Creek Mountain Dining Company and Vail Mountain Dining Company. The application is in order and all fees have been paid. Staff recommended approval. Karen Novotny, general council for Vail Resorts, was present for the hearing and was available to answer any questions. Commissioner Johnson asked why they are changing the name. Ms. Novotny stated it sounds better. Commissioner Johnson moved to approve the change in corporate name from Beaver Creek Food Services, Inc. to Beaver Creek Mountain Dining Company. 4 02-22-1999 Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved to approve the change in corporate name from Vail Food Services, Inc. to Vail Mountain Dining Company. Commissioner Johnson seconded the motion. The vote was declared unanimous. Broken Arrow Cafe Earlene Roach presented a modification of premises for Beaver Creek Food Services, Inc., dbalBroken Arrow Cafe. She stated the applicant proposes to delete Anderson Cabin from their optional premises. This application 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 Johnson moved to approve the modification of premises for Beaver Creek Food Services, Inc., dba/Broken Arrow Cafe. Commissioner Stone seconded the motion. The vote was declared unanimous. Gundy's Camp Earlene Roach presented a modification of premises for Beaver Creek Food Services, Inc., dba/Gundy's Camp. She stated the applicant is proposing to add an optional premise to this establishment. This application 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. Ms. Roach stated this optional will be Anderson Cabin, which is closer to Gundy's than Broken Arrow Cafe. Vito Caiati, manager, was present for the hearing. Commissioner Johnson asked how they will control the premises. Mr. Caiati explained there is signage and they will be able to be there every day. There is a cabin host on site daily who is TIPS trained. Commissioner Stone moved to approve the modification of premises for Beaver Creek Food Services, Inc., dba/Gundy's Camp. Commissioner Johnson seconded the motion. The vote was declared unanimous. Shortstop Earlene Roach presented a renewal of a tavern license for Stasmore, Inc., dba/The Shortstop. She stated this license was suspended for four (4) days in August 1998. She stated she has included a list of Environmental Health concerns with the Board's packets. She reviewed those concerns. Mr. Stascavage has started clean up of several items and has related he will continue with the list. She showed pictures taken by Environmental Health. Ms. Roach related herself and Michelle Curran from Environmental Health will be making several on-site inspections until the establishment is entirely cleaned up. Then inspections will continue on a frequent basis to assure the establishment stays clean. Commissioner Johnson asked if the Liquor Board should enforce health issues. He stated he remembers there were issues previously with Fiesta's and at that time the Liquor Board could not enforce those. Renee Black, Asst. County Attorney, stated there is now a tie between the food license and the liquor license and this Board can enforce those regulations at places where the establishment services food. Ms. Curran provided some pictures of an area that has now been repaired. She was there last Tuesday. Ms. Roach stated she will also be going back. 5 02-22-1999 Commissioner Johnson questioned the pictures and the "easy access" of rodents. Ms. Curran explained. She stated that she has spoken with the repair people and that the major concerns have been repaired. She explained she will visit the location more frequently until convinced that it is being well maintained. Ray Merry stated they take their food protection program very seriously and it is not an issue just for the residents but for those passing by. He explained that he would expect any further visits to be taken seriously and that every effort made to conform to the food protection criteria. He suggested within the last couple of weeks they have seen substantial improvements and hopes that this relationship will continue to maintain a healthy environment. Commissioner Johnson spoke to the additional remedies at his disposal. Mr. Merry confirmed that and suggested the next step would be a visit to the Board of Health. Commissioner Stone confirmed the importance of the program. Mike Stascavage, applicant, stated they have never had a complaint or a food service concern in the last ten years. Commissioner Stone stated he understands what it takes to keep a clean place. Mr. Stascavage stated they are only serving lunch Monday through Friday, but have microwaveable sandwiches on site at all times. Commissioner Johnson asked about the liquor service. Mr. Stascavage stated they have tighter controls and the bartender who over-served is no longer there. Commissioner Johnson moved to approve the renewal of a tavern license for Stasmore, Inc., dba/The Shortstop. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Johnson seconded the motion. The vote was declared unanimous. Resolution 99-027 - Diamond S Ranch - Floodplain Development Permit FDP-0002 John Venegrin, Engineering Department, explained the applicant John Barasa has applied for this permit. It was heard by the Planning Commission and then by the Board on February 16, 1999. This resolution is for approval with conditions. Mr. Venegrin asked if this needs to reflect the meeting today. Commissioner Johnson explained it does not. It was continued only so the resolution could be drafted. Commissioner Stone moved to approve Resolution 99-027, file number FDP-0002, Diamond S Ranch. Commissioner 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 March I, 1999. Attest: Clerk to the Boar 6 02-22-1999