No preview available
HomeMy WebLinkAboutMinutes 12/10/19 PUBLIC HEARING December 10, 2019 Present: Jeanne McQueeney Chairman Kathy Chandler-Henry Commissioner Matt Scherr Commissioner Jeff Shroll County Manager Holly Strablizky Assistant County Attorney Kathy Parker Assistant County Attorney Kathy Scriver Deputy Clerk to the Board This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Commissioner Updates Commissioner Chandler-Henry gave a shout out to the First United Methodist Church in the town of Eagle for providing food pantry services for 40 years through a volunteer program. The operation would be turned over to the Community Foundation and the Community Market. The Community Market would have food available every Monday night at the Methodist Church. Commissioner Scherr reminded everyone that today was Colorado Gives Day. Eagle County was number two in the State for Colorado for its giving. He believed a lot of the credit went to the way the local non-profits worked together. Chairman McQueeney stated that it was 28 degrees when she drove by some people in the round about promoting their non-profits. She stated that she went to the One Book One Valley kick-off last night. The book this year was I Am Not Your Perfect Mexican Daughter. The book was available at the Bookworm in Edwards. County Manager Updates Jeff Shroll thanked everyone for their efforts on Colorado Gives Day. He announced that there were more storms coming in and reminded everyone to be careful and mindful of the snowplow operations. Consent Agenda 1. Subdivision and Off-Site Improvements Agreement between Eagle County and Murray Road Property LLC (Fox Hollow)PDF-009042-2019 Rickie Davies,Engineering 2. Seventh Amendment to Agreement between Eagle County and Miller Engineers,Inc. dba Souder,Miller& Associates Mandi Nolan, Solid Waste&Recycling 3. Third Amendment to Agreement between Eagle County and Menendez Architects P.C. Mandi Nolan,Project Management 4. State County Agreement for Cooperative Wildfire Protection Birch Barron,Eagle County Emergency Management 1 12/10/2019 5. Contract Amendment for Public Health Emergency Preparedness between the State of Colorado,Office of Emergency Preparedness and Response and Eagle County Public Health Jacquelyn L Hammel,Eagle County Public Health&Environment 6. 2020 FTA Section 5311 Administration and Operating Grant Contract Jaren Barnes, ECO Transit 7. Resolution 2019-088 of Approval for Special Use Permit-Accessory Dwelling Unit on Mosher Lane- ZS-9013 Morgan Landers,Community Development 8. Approval of the Minutes for the Board of County Commissioner Meetings for October 22, October 29, and November 21,2019 Kathy Scriver, Clerk&Recorder's Office Commissioner Chandler-Henry moved to approve the Consent Agenda for December 10,2019 as presented. Commissioner Scherr seconded the motion. The vote was declared unanimous. Constituent Input Chairman McQueeney opened and closed constituent input, as there was none. Business Items 1. Resolution 2019-089 Approving New Members to Animal Services Advisory Committee Nathan Lehnert,Animal Shelter& Services Executive Summary: The submitted resolution confirms terms for the new and continuing members of the Animal Services Advisory Committee. Carrie Marsh-Schultz,Cookie Murphy-Pettee, and Caroline Davis have all been appointed to the committee. Mr. Lehnert,Field Services Manager for the Animal Shelter, stated that the resolution was approved annually to approve new members and existing members for their three year terms. Caroline Davis was present and would be added. Commissioner Chandler-Henry thanked everyone for their work on the committee. The assistance and connection with the community was appreciated. Commissioner Scherr moved to approve the resolution approving new members to Animal Services Advisory Committee. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 2. Resolution 2019-090 Concerning Appointments to the Minturn Cemetery District Board of Directors Abby Dallmann, County Manager's Office Executive Summary: After public postings through the Vail Daily, the Minturn Cemetery District wishes to appoint Stephen Jones to its Board of Directors. 2 12/10/2019 Commissioner Chandler-Henry moved to approve the resolution concerning appointments to the Minturn Cemetery District. Commissioner Scherr seconded the motion. The vote was declared unanimous. Commissioner Scherr moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Liquor Licensing Authority. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Eagle County Liquor Licensing Authority 1. Application to Transfer Ownership of a Hotel&Restaurant License-Boardroom Cafe LLC DBA Boardroom Market&Deli Kathy Scriver,Clerk&Recorder's Office APPLICANT: Boardroom Café,LLC TRADE NAME: Boardroom Market&Deli REPRESENTATIVE: Brad Trumpower LOCATION: 280 Main Street C-103, Edwards,CO 81632 (Riverwalk) REQUEST: Transfer of Ownership STAFF REPRESENTATIVE: Kathy Scriver CONCERNS/ISSUES: None The applicant submitted an application to transfer ownership of a Hotel& Restaurant liquor license. High Country Pizza, LLC d/b/a Local Joe's Pizza currently holds the license. The location has been licensed since November 2010. The applicant was issued a Temporary Permit on October 1St allowing him to operate during the period in which the application to transfer ownership of the license is pending. Ms. Scriver presented the request. She indicated that the applicant had met all the requirements for the transfer of Hotel&Restaurant Liquor License. Brad Trumpower stated that his establishment was located across from the Bookworm and the Kind Bike Shop. He was excited to create his own market and deli and provide some craft beers. Commissioner Chandler-Henry moved to approve the transfer of a Hotel& Restaurant liquor license from High country Pizza LLC to Boardroom Café LLC d/b/a Boardroom Market&Deli. Commissioner Scherr seconded the motion. The vote was declared unanimous. 2. Application for a NEW Lodging&Entertainment Liquor License-Marriott Resort Hospitality Corporation Kathy Scriver,Clerk&Recorder's Office APPLICANT: Marriott Resort Hospitality Corporation OWNER: Marriott Ownership Resorts,Inc. REPRESENTATIVE(S): Jon Stonbraker,Attorney,Dill&Dill David McDaniel,Marriott Resort Corporation GM Max Scott, Oedipus LOCATION: 2284 S Frontage Road,West Vail, CO 81657 REQUEST: Lodging&Entertainment Liquor License STAFF REPRESENTATIVE: Kathy Scriver 3 12/10/2019 DESCRIPTION: The applicant submitted an application for a NEW Lodging & Entertainment Liquor License on October 16, 2019 which allows for the sale of beer, wine, and spirits for consumption on the licensed premise. The license also requires there be sandwiches and light snacks available during regular business hours. ESTABLISH NEIGHBORHOOD: The first order of business is to establish the neighborhood for petitioning purposes. Staff recommended that the neighborhood consist of a two (2)mile radius from the proposed location. FIRST MOTION-Establishing the Neighborhood: Commissioner Scherr moved that the Local Liquor Licensing Authority establish the neighborhood to include the area within a two(2)mile radius surrounding the proposed location. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. NEEDS AND DESIRES OF THE NEIGHBORHOOD: 1. The Local Licensing Authority shall consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants of the neighborhood and whether the existing licenses are adequate to meet these needs and desires,per the Colorado Liquor Code, Section 44-3-301 (2)(a). 2. A petition was circulated by Oedipus,Inc., a petitioning company hired by the applicant. • 196 Signatures Favoring Issuance • 0 Signatures Opposing Issuance OTHER LOCAL AUTHORITY CONSIDERATIONS: 1. Whether the licensee shall possess and maintain possession of the premises for which the license is issued by ownership, lease,rental,or other arrangement for possession of such premises. 2. Whether the premises are within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 3. Whether the fees have been paid. 4. Whether the applicant is of good moral character. STAFF FINDINGS: 1. The applicant has filed an application on forms provided by the State and Local Licensing Authority. All applicable requirements have been met and the correct fees paid. 2. The applicant(s) are all over 21 years of age and reported to be of good moral character based on the Colorado Bureau of Investigation(CBI)background report. 4 12/10/2019 3. Public notice has been given by the posting of a sign in a conspicuous place on the premises November 25, 2019 and by publication in the Eagle Valley Enterprise on November 28th and December 5th,2019. 4. The proposed premise is not within 500 feet of a location for which, within two years preceding the application, a license of the same class was denied for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by existing outlets. 5. The proposed premise is not within 500 feet of any public or parochial school or the campus of any college, university,or seminary. 6. The applicant has submitted proof of ownership. 7. The applicant has provided an alcohol management plan per the requirements of the Eagle County Local Licensing Authority and proof of server training; additional certificates will be provided upon issuance of the license. STAFF CONCLUSION: The applicant has met all the necessary requirements for a Lodging&Entertainment Liquor License. Ms. Scriver presented the application. Max Scott with Oedipus,Inc. explained the petitioning process and summarized the results of the survey. David McDaniel,Marriott Resort Corporation General Manager explained that they wished to provide wine tastings to their guests on a complimentary basis. Commissioner Chandler-Henry asked about the 10 deleted signatures in the petition. Mr. Scott stated that the signatures were deleted because they weren't business owners or managers. Jon Stonbraker,Attorney,Dill&Dill asked the applicant to testify that all of the servers were server trained and that the applicant would be operating in compliance with the state and local liquor laws. SECOND MOTION-Approval of the Application and Issuance of the License: Commissioner Chandler-Henry moved that the Local Liquor Licensing Authority find that there is a reasonable requirement and desire for the issuance of this license and therefore approve the Lodging and Entertainment Liquor License for Marriott Resorts Hospitality Corporation based on the testimony, petitions, and incorporating staff's findings. Commissioner Scherr seconded the motion. The vote was declared unanimous. Work Session - Eagle County Room 1. Presentation of the Eagle County Government 2020 Budget 1.United Way Grants Update Planning File - Eagle County Room 1. ZS-6883 Stumpy's Firewood Special Use Permit Morgan Beryl, Community Development 5 12/10/2019 Executive Summary: The applicant proposes to use one acre of a conforming 47 acre Resource zoned property to process raw timber into firewood and to support delivery and pickup. Morgan Beryl presented the application. She provided photos of the operation on site and a site map that identified the access,parking, and turnaround area. There was a condition requiring a porta-potty on site for employee use. Ms.Beryl reviewed the approval standards and indicated that all the standards had been met. Staff recommended approval with conditions. Condition three required that the Eagle County Engineering Department evaluate the access should the operation move to another area of the property.This type of application had a low impact and was in conformance with the standards. Commissioner Chandler-Henry asked if the Town of Eagle was a referral agency. Ms.Beryl stated that she believed the Town had weighed in but wasn't certain. The applicant,Theresa Thissen, stated that she had nothing to add. Chairman McQueeney opened and closed public comment, as there was none. Commissioner Chandler-Henry believed this was a much needed resource and the conditions were appropriate. Commissioner Scherr concurred with Commissioner Chandler-Henry comments. Chairman McQueeney believed the proposal met the standards. Commissioner Chandler-Henry moved to approve File No. ZS-6883, incorporating staff's findings and recommended conditions,because the application, as conditioned, meets the standards for approval of a Special Use Permit. Commissioner Scherr seconded the motion. The vote is declared unanimous. Work Sessions - Eagle County Room 1. Lake Creek Village Apartments Property Improvements and Rental Rate Increase in 2020 2. Eagle County Affordable Housing Guidelines update Phase 2 discussion 01.EAG( . h�P OGZ There being no further busine ; .: - : id,the meeting as adjourned until December 7,2019. eotoRA00 / g- /' ��� Attest: Pi 1/ to the Board Chairma 6 12/10/2019