The URL can be used to link to this page

Home My WebLink AboutMinutes 05/25/04 Present: PUBLIC HEARING MAY 25, 2004 Tom Stone Michael Gallagher Am Menconi Jack Ingstad Diahe Mauriello Teak Simonton Chairman Commissioner Commissioner County Administrator County Attorney Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: ChaitInafi Stone welcomed back Commissioner Gallagher. Conunissioner Gallagher made a statement regarding his visit to the Mayo Clinic and thanked everyone for their support. Consent Agenda Chairman Stone stated the .first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of May 24,2004, subject t() review by the COU11ty Administrator B. Approval-ofpayroll for May 27, 2004, subject to review by the County Administrator C. Approval of the minutes of the Board of County Comtnissioners Meeting for May 4s 2004 D. AgreemeritwithTrane ahdEagle County for \;lpgrading.the existing TratleDigital Control System to Tracer Summit Control Systep1s. ..... E. Agreement between the Colorado Department of Public Health and EnviroIl1llent and Eagle County - Tuberculosis Program F. Agreement between .Eagle County and Carolyn Sloan BurtoI)., M.D. G. Agreement betWeen Eagle County, Colorado West MentalHealth and the Children's Garden of Learning H. Application to the Uriited Way of the Eagle River Valley for Early Childhood Coaching and Consulting Program .. I. Bid Award 2004 Agreement for Centerline Marking Project, Waming Lites & Equipment, Inc., 632 GunnisonA ve., Grand JU11ction, CO 81505 J.IntergoveI11lllental Agreement betWeen Eagle County, Edwards Metropolitan District and Eagle County School District for the Construction of pedestrian improvements ap,dsignage along West Lake Creek Road, Edwards Villa.ge Boulevard andMeileLafie .. K. Res()lutioJ'l2004-Q~7, approving the Amendment and Resta.tement of Resolution No. 2003-165 in the matter of amending the Eagle County Land Use Regulations to Incorporate Language Pertaining to Updating Eagle County Building Resolution L. Resolution 2004-058, designating Tract I and Tract J, of the Berry Creek/Miller Rahch Planned Unit Development fOr permanent preservation in the Eagle c;ounty Open Space Program and allocating funds from the Open Space Tax for Maintenance of Tract I and Tract J M. Quit Claim Deed betWeen Upper Eagle Regional Water Authority and the County of Eagle for vacation of Utility Easement 20.0" in Width, Berry Creek N. Quit Claim Deed between Upper Eagle Regional Water Authority and the County of Eagle for vacation of Well Tract No.2, Berry Creek. . Chairman Stone asked the Attorney's Office if there were any changes to the Consent Agenda. 1 05--25-2004 Diane Mauriello, County Attorney, asked that items M and N, quit claim deeds betWeen Upper Eagle R.egional Water Authority and the County of Eagle for vacation of utility easement 20 feet in width at Berry Creek, and the quit claim deed for the vacation of Well Tract #2 at Betty Creek. be removed and be reviewed at a later date based on the fact that there will be corresponding easements. Her office would like to reschedule these items with the corresponding easement so all these items could be heard at the sametime. Commissioner Menconi moved to approve the Consent Agenda items A-L. COm1llissioner Gallagher seconded the motion. The vote was declared unanimous. Plat and Resolution Signing Chairman Stone stated there are no plats or resolutions for today's hearing. Resolution 2004-059 Designating the 2004 Polling Place Locations Teak: Simonton, Clerk & Recorder, presented Resolution 2004-059, designating the 2004 polling place locations. She stated that according to state statute the Board must approve polling place locations. She reported that she added some precincts and Exhibit A details the exact locations for each ofthe precincts. She said there are fifteen polling locations for twenty-nine precincts. ' Commissioner Gallagher moved to approve the resolution designating polling places for the precincts for the County of Eagle with the stipulation that physical addresses be added to Exhibit "A" . Commissioner MeJicom seco.nded the motion. The vote Was declared unanimous. PDS..()()'038 Red Sky Ranch Joseph Forinash, Planner, presented file number PDS-00038, Red Sky Ranch. He stated the applicant is requesting this matter be tabled to July 27, 2004. Commissioner Menconi moved to table file number PDS-00038, Red Sky Ran.ch to July 27, 2004, at the applicant's reqilest. COm1llissioner Gallagher seconded the motion. The vote was declared unanimous. Commissioner Gallagher moved to adjourn as the Board of County Commissioners and reconvene as the LodHLiquor Licensing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. Eagle Valley Humane Society Earlene Roach, Liquor Inspector, presented a Special Events Permit for the Annual Harvest Party for the Eagle Valley Humane Society. This event will be held on September 11,2004 from 6:00 p.m. to 10:00 p.m. the map and the alcohol management plan are included in the Board's packets. This application is in order and all fees are paid. As this is ~e fifth event in unincorporated Eagle County and there have been no complaints in the past, staff has no concerns with this application. Staff recommended approval. Char Quinn, applicant, was present for the hearing and answered a few questions from the Board, Chairman Stone asked the applicant ifthere were any changes to this year's event. Ms. Quinn stated that there were no changes. Commissioner Menconi moved the Board approve a special events permit for the Eagle Valley Humane Society for September 11, 2004 from 6:00 p.m. to 10:00 p.m. Commissioner Gallagher seconded the motion. The vote was declared unanimous. 2 05-25-2004 The Summit Earlene Roach presented a manager's registration for Robert Gerrett III, Summit Food and Beverage LLC, d/b/a The Summit. She stated this application is in order. Staff has no concerns with this application. Mr. Gerrett is reported to be of good moral character. Staff recommended approval. . Robert Gerrett III, manager, and Joe Petrash, applicant, were present for the hearing. Commissioner Gallagher asked Mr. Gerrett to give a run-down of his history in operating.a liquor establishment Mr. Gerrert stated that he worked at Cordillera for several years in various positions. He as~ured the commissioners that he had familiarized himself with the Colorado Liquor Code. Commissioner Gallagher moved the Board approve the manager's registration for Robert Oerrett ill, Summit Food Beverage LLC, d/b/a The Summit. Commissioner Menconi seconded the motion. The vote was declared unanimous. Drink! Earlene Roach presented a new application for atetailliquot store license for Drink, In~., dlb/Cl :Drink! This establishmentwillbe in the new EdWards Corner building in Edwards. The,first order of business is to establish the neighborhood. Staff recommends the following: "Ftomthe 1-70 Interchange,.south along Edwards Access Road, spreading eastaIldwest to inc14de Riverwalk Subdivisiqn, RiverfrontSubdivision, South 40 Subdivisi.on and Edwards Village Center arid Homestead Subdivision." Ms. Roach stated this application is in order and all fees have been paid. The applicant is reponed to be of good moral character. . Mr. Irving has been server trained. Thereis currentIXthre<?:.. HquoIstote inEdwards;Soutl1Forty, Riverwalk Wines & Spirits.and Edwards Liquo~. . Secti.on 12-47- 301 (2) (b) of the Colorado Liquor Code reads as follows ".'A locallicensingauthority or the state on statedowned.ptopeI1Y, may ~tly.the i~~uance of any ne~ tavern or retail liquor stOre license whenever such authority deternlines tha~ the issuat1ceofs~qh license would resultinor addtoanundueconcentration of the same class of license and, as aresult, require the use of additional' law enforcement resources." At one time there were four liqllor ,stores in Edwards but on February 24, 1998 the Commissioners ,at that time revoked one of those~ Competition is not areason for denial ofalicense. Staff has no concerns with this application. This matter Was published and the preII1ise was posted. Stafftecommended approval. Conunissionet Menconi asked if Drink, Inc. and Eat, Inc. are related to .each other. Ms. Roachteplied they are not related, the owners are girlfriend and boyfriend. Commissioner :Menconi mentioned that is very usual fot so many people appear for a liquor license hearing. . . ConUnissionet Stone polled the audience to determine if they were at the hearing for Drink; Inc or Eat, Inc. He determined the majority were present to hear Drink, Inc. Conunissioner Menconi moved the Board establish the neighborhood as from the 1-70 Interchange, south along Edwards Access Road, spreading east and west to include Riverwalk Subdivision, Riverfront Subdivision, South 40 Subdivision and Edwards Village Center and Homestead Subdivision for Drink, Inc., d/b/a DrinkL Commissioner Gallagher seconded the motion. The vote was deClared unanimous. Ms. Roach stated the next item would be to establish the needs of the neighborhood. The Chairman has been given a petition submitted by the applicant. Brian Treu stated that Roger Morris was present, representing South Forty Liquors and he had requested the option to cross examine some of the witnesses. . 3 05-25-2004 Ms. Roach stated that in the Board's packet is the petition presented by the applicant, letters from the public, and that all the letters are in favor of the license. Dan Wolfwas present along with Chris Irving, the applicant. He gave a brief presentation to the board. He asked Mr. Irving to speak about his business. Mr. Irving thanked the commissioners for allowing him to apply for the license. He stated that Drink! is a boutique fine wine shop. These wines are currently not found on the shelves in the valley. While he was researching his location over the past year, Edwards was the obvious best location based on. the past growth arid on projected growth. He chose the comer at Edwards based on its dominant . location and traffic control. That corner currently sees 12,000-14,000 cars per day and project to triple in 2015. He told the board that he had 16 years of experience in wine sales, managing liquor locations. He is currently the Director of Business Development at the Vail Valley Chamber and Tourism BUreau. Mr. Wolf added that Statute required that the board consider the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and may deny an application for an undue concentration ofthe same class of liquor license which would result in the use of additional law enforcementtesources. He stated that he did not believe there would be sufficient evidence of this situation. He further clarified that the petition included signatures of support from members of the n.eighborhood. HebeIieves that the reasonable requirements of the neighborhood support the granting of the application. He feels it is important to note that at one point in time there were four retail e'stablisbtnefitsin Edwards, and that the current number is three. It had previously been established that four liquor stores were warranted and there has been subsequent population growth to support at least the samertumber of licenses for the future. He believes that South Forty Liquors is worried about competition, but that this feads unwatTaritedbecause the clients that Drink! will be catering to are not the same clients of South Forty Liquors. He believes there will be a petition introduced by South Forty that was kept at their location to get the signatures of their clients, at1d asked the Board to give it the cOllsideration it' is due; Chainfian Stolle asked for public COt1W1et1t, and asked that thesecort1ments be keptto three minutes. Ann Marie Finn, a btlsiness oWner in Edwards and resident of Homestead, stated she is in support of this \Vine store. She believes there is room for both stores in Edwards. She looks forward to ha.ving a nice selection 'of wines and champagnes available. She owns the Kitchen and linen store and believes that her up-scale clientele would be interested in patronizing a fine wine stOre. Roger Morris representing tarry Eskwith from South FortyLiquors spoke to the board. He aSked to croSs examine witnesses and present his oWn witnesses and petition. He asked Ms. Finn for her addreSs. Ms. Finn responded that she lives on Meile lane. Mr. Morris asked she lived in the neighborhood established for this application. Ms. Finn replied that she lives in arid has a business in the neighborhood Mr. Morris asked ifshe drinks alcoholic beverages and if she was familiar with other stores in the area, and' how many bottles of wine the other stores offer Ms. Finn replied that she does drink alcoholic beverages and is familiar with the storeS, but she does not know how many bottles the other stores offer. Mr. Morris asked if the Current liquor stores offer the wine she is interest in. Ms. Finn replied they do not offer the wines she wants. Mr. Morris asked if she had requested that the current liquor stores would stock the wines she desired. Ms. Finn stated that when she shops for liquor she is looking for instant gratification, and does not desire to make special requests. Mf. Morris asked her how she knew about the needs of the neighborhood, and if she had signed the petition. He wondered ifthe reason for the petition was explained. 4 05-25-2004 She stated that she had not personally signed the petition, but that her staffh~d done so. She also stated that there was a petition against Drink available in Riverwalk Wine and Spirits and there was no explanation offered as to what the reason for the petition was. She further stated that her employees signed the petition and they also lived in Homestead. Gary Spade, Singletree resident, his wife and adult daughter were present in favor of the application. He state<lthat he depends on the wholesalers to educate them as to the products that ate available. He informed the comnrissioners that distributors have to fight for shelf space in current stores. He stated that :none of the local stores have the boutique variety that :Drink!, wouldoff~r. , Mr. Morris asked Mr. Spade ifhe was a member ofthe neighborhood, and as it was determined that he was not a resident or inhabitant he asked that his testimony be eliminated. Mr. Trel.1 suggested that. the testimony be considered. Commissioner, Menconi asked how the geighborhood boundaries are established. Mr. treu stated there are no clear cutprocedllfes, and that is on a case by case basis. Mr. Morris stated thathe objects to any testimony from those residing outside of the neighborhood. He felt these comments were irrelevant and prejudicial. Neil Barham, resident of Homestead, asked the commissiollers to pass the application., He believes that this type of store, would be very nice andth;;t.t people from Vail would ,drive to this store to putchasetheit fine wines. He patronizes a lot of the valley liquor stores. Mr. Morris established ,Mr., J3arham's age, address and, drinldp.ghabits. " B:~,asked Mr. ,Barham severalql.1estioIlS, in particular why he believes that Drink! would be offering differflnt varieties of wmes. Mr. Barhallltepliedthat !)rink! would provi4echeese and the appr9priatewine. He stated that this proposedJicense location would offer other selections than w~recurrentlyavailable. Mr., Morris asked Mr. Barham if he wasawarethat it is illegal for Drink! to sell cheese. Mr. Barhani repliedthatin$idethebuildip.git is. , " ',' ' ,"i' Mr",MorrisaskedmorequestionsaboutvvhY Mr. Barhamwas interested,in tb.ese ,fine wines. He also asked ifMf.Barham had requested th,e other stores to carry the wines that):Ie desired. , Mr. Barhartlstated thatheha~l nQt done so.' . . . ..". ..... '. Sally Eiieton with the Vail Beaver Creek Catalog, resident of Wildridge, spoke to . tJle .:ao~d. She suggested that this type of store would be beneficial to visitor and residentali~e,aJld would offer 1lhique items notcUITeI1tlyavailable. SheJooksforward totheopporttmity for edu<;atiop;.()f1:hepublic. Helen Jones, residentofRiver I?ines, spoke to the board. She works for a family who purchases extensiVe quantities of fme wines and they have not been able to fmdthe wines they desired. She had attempted to order these winesan(,'\the other license holders had not been able to obtain .these wines; She encouraged the board to approve the application. . Mr. Morris asked if she was a resident of the neighborhood. Ms~ Jones statedthatsheis i11,deed a resident. Mr. MotriS stated tbat tbis address is not in the designated neighborhood and asked that the testimony be stricken. David Dowell, business owner in Edwards and resident of Singletree. He is fond of all participants in this hearing today and shops at all of their shops. He believes that free enterprise principles would require the comnrissioners to allow this new license. Mr. Morris asked several questions of Mr. Dowell. Mr. Dowell.stated it was his belief that one of the stores next to the wine store would be a fme cheese store. Mr. Morris asked if Mr. Dowell understood that according to the liquor code there is no such thing as a fine wine store, only a retail liquor store. Mr. Dowell replied he would accept the word of Mr. Morris. 5 05-25-2004 Amy Lewis stated that she lives in East Vail, but would be willing to drive to Edwards to buy wine. Her husband is a chef and loves fine wine and would appreciate the suggestions of an educated sales staff She stated her belief that visitors to the valley will come to this store to buy fine wine. Mr. Morris asked that her testimony be stricken since Ms. Lewis is not a resident of the neighborhood. Paul Comerio, a resident of Horne stead, in Edwards spoke to the board. He is a bar manager and wine buyer in a restaurant in Vail. He supports the proposed business as it will offer selections and education not currently available. . fie believes the owners will make an effort to find unique wines not currently available as well. Mr. Morris asked Mr. Comerio ifhe knew how many wines are offered in Edwards. Mr. Com.erio responded that he believed the number to be around 50,000. Mr. Morris asked if Mr. Comerio had read the liquor license file for this application. Mr. Comerio stated that he had not but he signed the petition and the attachment to the petition. Mr. Morris asked several other questions about the wholesalers who would be selling wine to the proposed neW store. Mr. Cornerio stated that liquor wholesalers could be self-serving and attempt to meet quotas. He was aware that the liquor store would have to go through a wholesaler to purchase any wines that are currently Unavailable. . Mr. Morris stated that all of the wines that are available in Califomiaare notavailable in Colorado. He asked ifMr. Cornerio Was aware that all of the products available would be available to aU liquor stores. Ken Nager, a Homestead resident, spoke to the board. He owns a business in Edwards and is a .bartehder. He is Iidtawine.connoisseur. He is interested in the knowledge that he could gain offi11e Wines front a. fine wine store. He supports the application. .Mr. Morris asked Mr. Nager ifhe had been promised wine classes. Mr. Nager. stated that he thought that such an establishment would offer sorne classes to get a better feel, and that this was pure speculation. Mr. Morris asked ifhe had signed a petition for Drink Inc. and Whether he had been giVei1 an explanationabouttbeneed for the petition. Mr. Nager replied the petition was explained to him when he signed it. Rena Rizzo, not a resident of Edwards, spoke to the board. She is a waitress. She believes that a store that sells only wine is of interest to her. She will be a resident of Miller Ranch in the near future. Mr. Morris asked that her testimony be stricken. Rick Mueller, a resident of Singletree and an Edwards business owner gave the board seVeral interesting statistics. He shared that there are currently 9-10 million cars per year that..travel past Edwards. The future projection is that 33,OOO/day cars would travel through the Edwards intersection where Dtink! is located. He informed the board that several years ago Mr. Eskwith believed therewas plenty of rOOll for an. additional liquor store, but now with 25% growth he doesn't believe this is the case. He believes there is a large market for this type of store. He went on to say that Eagle County with its transientconi1nrinity could support this type of business. Mr. Morris asked if Mr. Mueller was the landlord of this location. Mr. Mueller stated that he was. Mr. Morris asked Mr. Mueller about the 25% increase statistic. Mr. Mueller stated that this number was related to traffic at the adjacent intersection, and the correct percentage is 33%. . Chairman Stone stated that if a person was not a resident, but a business owner, a person would qualify to give testimony. Mr. Mueller stated that the commissioners were aware ofthe traffic study. Mr. Morris stated that it vias in his financial--inte-rest for this application to be approved. Chairman Stone closed public testimony. 6 05-25-2004 Mr. Wolf requested that the contents of the letters received and petition signed be made available to Mr. Morris. Mr. Morris asked for an opportunity to cross examine Mr. Irving. Mr. Treu stated that the liquor code does not require sworn testimony. Mr. Morris plans to cross examine Mr. Irving regarding to the petition, and to object to the petition and the letters. Mr. Morris asked Mr. Irving about his age, residence address and whether he drafted the petition. Mr.. Irving stated that he did not drafted the petition, but that it had been drafted by Eagle County. Reinsured that all the people who had signed the petition were residents ofthe neighborhood and were present when they signed the petition. He did not attach a map of the neighborhood, but asked tliemabdut their address to detennine their qualification. He stated that he explained his business and infonned the signers where they had to live. Mr. Morris asked ifthe petition showed that it was in favor of a retail liquor license. He wondered if any of the signatures on the petition were subsequent to May 10. Mr. Irving stated that the petition did not indicate on the front page that this was in favor of a retail liquor license~ Mr. Treu asked Mr. Morris to move on. Mr. MorriS stated he is trying to prove that the petitions are defective and should be stricken from the record. There ate ten. retail liquor licenses. available under the Colorado Liquor Code which incltldeaVariety of types licenses. He added there.. is nothing in the petition that indicates the reasoh for the petition. He also believes that the neighborhood description is inadequate. He.believes that.ilis imP'ossible from the description of Edwards pfoperis described in the petition doesn't clearly define the neighborhood. Chairman Stone asked Mr. Treu whether 1yIr. Irving circulated a standard petition that is commonly used by Eagle County. Mr.:Roachstated thatthis type of petition had been sufficient in the p~t and had beep provided by Eagle County. Chairman Stone askedMr. Treu'sopinion abouttbe liquorcoderelatedtoformatQ.fpetition, number of validsign.aturesetc; , Mr. Treu responded that the board has wide discretion in weighing evidence and that there is no information in the liquor code about number of'signatures required.. The board mustcon$ider the evidence and not act arbitrarilyot capriciously. Mr. Morris stated that some of the . signatures are.invalid. He statedtbat someofJhe signatures are valid. lie also had'information that one person had signed the petition when they weren't present. . He also would present evidence that if this license were granted. the ratio of liquor stores in the area would be ten times higher than the average in Colorado. He stated he had 67 signatures against the granting of the license. He stated there are also several other defects with relation to posting and dates published forthe hearing. The applicant is required tomeetthe requirements of the li~uor code. Ms. Roach stated that the premise was posted and it was published for May 1St, and that the date was changed. Ms. Roach and Mr. Treu were present on May lSth,but no member ofthe public appeared. Chainnan Stone askedifhe could turn this matter over to the commissioners and wanted to detennine how much testimony to take. Mr. Treu asked Mr. Morris about his intentions. Mr. Morris asked that those present to speak against the license be given the chance. Chairman Stone stated that when he opened it up for public testimony he did not ask for favorable testimony only. Commissioner Gallagher asked if the board anticipated similar opposition to the tavern applicatiun. Mr. Morris stated that they did not intend to object to the tavern license. 7 05-25-2004 Commissioner Menconi wondered if Mr. Morris could handle his side of the testimony in the hext five to ten minutes. Mr. Morris responded that he could not present his case in this time frame. Chairman Stone asked Mr. Morris how much time he felt would be needed. Mr. Morris requested at least an hour, but that he did not want to be limited. Ms. Roach stated that Riverwalk Wine and Spirits is also presentto speak to the board. Chairman Stone stated that he did not desire to inconvenience those who had taken the time to be present He requested that a break betaken before objections are heard. He suggested that the hearing be continued this afternoon after a lunch break. Mr. Eskwithattempted to get a witness to return. Th.eboard discussed the potential schedule for the remainder of the day. This application was poStponed untill :30 pm Eat! Earlene Roach presented a new application for a taverh license for Eat, Inc., d/b/a Eat! This establishment will be in the new Edwards Corner Building in Edwards. Thefirst order of business is to establish the neighborhood. Staff recotnthends the following: "From the 1-70 Interchange, south along Edwards Access Road, spreading east and west to include Rivenvalk Subdivision, Riverfront.Subdivision, South 40 Subdivision and Edwards Village Center and Homestead Subdivision." Chaitman Stone asked for a change to the definition of the neighborhood toinc1ude Singletree, Berty Creek, Miller R.anch, Old Edwards Estates, Homestead, South Forth, Cordillera, Lake Creek. Coffinllssioner Gallagher asked if the neighborhood could be redefined for the "Drink" file Mr. lreu stated that this would indeed be possible. Commissioner Gallagher'lDoved the Board establish the neighborhoodasa.five mile radius from . the proposed. Cdl1:1rt1issioner Menconi seconded the motion. The vote was declared,unanimous. The next item would be to establish the needs of the neighborhood. .The Chairman has been given a petition snbmittedby the applicant; Chainnan Stone stated the petition for Eat! has 97 signatures and that they appear to be within the neighborhood. . Commissioner Menconi moved the Board establish the needs of the neighborhood as evidenced by the submitted petition and testimony atthe hearing for Eat, Inc., d/b/a Eat! COmh1issiouerGallagher seconded the motion. The vote was declared unanimous. Ms. Roach stated this application is in order and all fees have been paid. The applicant, Pollyana Forester, is reported to be ofgo6d moral character. Ms. Forester has been server trained and is a tIPS trainer in the County. There is currently one tavern license in Edwards which is the French Press. Staff recoinnleilds approval. Section 12-47-301 (2) (b) of the Colorado Liquor Code reads as follows: A local licensing authority or the state on stated owned property, may deny the issuance of any new tavern or retail liquor store license whenever such authority determined that the issuance of such license would result in or add to an undue concentration of the same class oflicenseand, as a result, require the use of additional law enforcement resources." At one time there were four liquor stores in Edwards but on February 24, 1998 the Commissioners at that time revoked one of those. . Staff haS no concerns with this application. This matter was published and the premise was posted. Staff recommended approval. Pollyanna Forster, applicant, was present for the hearing. She informed the board that she appreciated the board allowing her to apply. She has been in the Vail Valley for nine years, and has been in the restaurant business for 12 years, an is a certified sommelier and staff trainer for serving wine 8 05-25-2004 and foods. She opened Zino Restaurante and managed the dining room for 4 years. She distributed classic wines in Colorado as well. The proposed business she would liketo open is an artisan cheese and specialtyfood environment, along with exotic spices. She will offer a limited tapas menu from 4:00 pm until 9:00 pm. andwith board approval, wines by the glass. This concept would allow people to taste different wines and cheeses in a European atmosphere. She decided to do a business plan and open this type of store, the demographics and statistics. uncovered a "micropolitan" area. This area is one of the top 8-10 places in the United Stated with a blend of people with high education and the desire to explore the culinary arts. The space is metropolitan and has adequate parking. She is a certified Tips ttail1erand has trained over 380 people. The alcohol management plan presented is very strict. COll1111issionerGallagher inquired whether the wine offered would be complimentary. Ms. Forster stated that this service would not be complimentary~ but that severai wines could be tasted for a small fee. She stated that patrons would have the opportunity to taste before purchasing wine and fine foods. CothIIrissionet Gallagher asked about the "Learn to Serve" training program. Ms. Roachsta.ted that this program had been approved. Chainnan Stone. asked if there were members of the public who wanted to make a statement. There Were none. Commissioner Menconi moved the Board approve anew tavern license for Eat, Inc., d/b/a Eat!. Commissioner Gallagher seconded. the motion. The vote was declared unanitnous. col11rt1issioner Gallagher moved to adjourn as the Local Liquor LicensingAuthority and reconvene as the Board of County Commissioners. COll1111issioner Menconi seconded the motion. The vote was declared. unanimous. AbateOlent.Heatings Jon Harrison, Appraisal Coordinator, presented petitions for aba.tement forCrystallijvet aanch Company,Schedule#: R043329 and RO~621.2. . For schedule R043329, this parcelw~ classified as vacant tesidentia1land and should be agricultural. Investigationfound that this parcelllas been llsedas grazing land. for ca.ttle for a number of years. This parc;el is not individually fenced, has 110 road to it and is in the middle of the ofthe Crystal River Ranch property. Abstract codes werechangeQ. to reflect the agricultural use ofthe property with a corrected value. Pursuant to CRS 39;..10..114 this ~batement should be granted for over valuation. For the 2001 tax year. the assessed value Was $409,990 with a tax a.mourit of$17,045.34, with an abatement of $409,270 and a tax amount of$17,015.40, leaving a balance of $720 with a tax. amount of$29.94. For the 2002 tax. year, the original assessed value was $409,990 with a tax amount of$17,181.04 with an abatement of $409,270 and a tax amount of$17,150.86, leaving abalan9c of $720 with a tax. amount of$30.18. For schedule number R026212, the improvement on this parcel was being carried as a Hunting LOdge. Investigation found that the building was used as a cow camp residelwe about seven to eight months out of the year. Abstract codes were changed along with corrected inventory to reflect the residential use of the property with a corrected value. Pursuant to CRS 39-10-114 this abatement should be gtal1ted for over valuation. For the 2001 tax year, the original assessedyalue was $63,770 with a tax a.mOllilt of $2,651.24, with an abatement of $50,540 and-a tax---amounrnf$2;t6t~20;-ieaving-a-balanc-evf- $13,230 with a tax amount of $550.04. For 2002, the original assesseQ. value was $63,770 with a tax amount of $2,672.36, with an abatement of $50,540 and a tax amount of $2, 117.94, leaving a balance of $13,230 with a tax amount of $554.42. 9 05-25-2004 Commissioner Gallagher moved that the petition for abatement concerning Crystal River Ranch for AbatementJRefund of taxes for schedule numbers R043329 and R0262l2 be approved for the tax year 2001/2002 in the amounts and for the reasons set forth in the Assessor's reco1nmendation. Commissioner Menconi seconded the motion. The vote was declared unanimous. Jon Harrison presented petitions for abatement for On-Air Family Holdings LLC, schedule number Ro,09197. He stated there were three sales in the subject's complex during the 2001/20,02 re- appraisal data collection period, which supports the value given. This abatement should be denied pursuant to CRS 39-10-114. Mr. Harrison presented a petition for abatement, Wintergreen Homes, Brett Ranch Holdings LLC, schedulenumbersR048478 and R048479. He stated for scheduled R048478, the petitioners would like two of their parcels (Tract G and Tract H), classified as open space in the Assessor's records for the tax years 200 land 200,2. They believe that classifying these parcels as open space warrants anotninal value. In actuality, these parcels Were already classified as open space for the tax years 2001 and 20,02. they were valued at the standard Eagle County open space rate of $3,500 an acre, which is based on comparable market sales. OWnership of these parcels changed from Brett Ranch Holdings LLC to Southfork Meadows Homeowners Association Inc. in August of 2003. Property owned by homeowners associations in Eagle County is normally given zero value due to the fact that its value is inherent in the purchase price of each individual unit in theassociation~ Since these parcels were not owned by the homeowners aSsociation in 2001 and 2p02 so they cannot be valued as if they were. For schedule number R048479, the petitioners would like two of their parcels (Tract Gand Tract R), classified as open space in the Assessor's records fO'r the tax years 2001 and 2002. They believe that .. classifying these parcels as O'Pet1space warrants a nO'minalvalue. In adtiality) these parcels were alfeady classified as open space for the tax years 2001 and 2002. They were valued at the standard Eagle County open space rate of $3,500 an acre, which is based on comparable market sales. Ownership O'ftheseparcels changed frO'm Brett Ranch Holdings LLC to' Villas atBrett Ranch RomeownersAssO'cia.tion Inc. in August of2003. Property owned by homeowners associations in Ea.gle 'CoUIity is. nonnallygiven zero value due to' the fact that its value is inherent in the purchase price of each indiVidualunitin the association. Since these parcels were not O'wned by the homeowners association in 2001and 2002 we can not value them as if they were. CO'tn1nissiO'nerMenconi moved that the Petitions fO'r abatement for schedule numbers R009197, R048478, R048419, denied for the tax years 200l/2002inthe amount and for the reasons set forth in the ASSessor; s reco1I1Jl1endatiO'n. Commissioner Gallagher seconded the motion. The vote was declared unanimO'us. Commissioner Gallagher moved to adjourn as the Board of CO'unty Commissioners and reconvene as the Eagle CO'unty Local Liquor Licensing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. Drink! (continued from morning session) Chairman Stone reconvened the hearing fO'r Drink! Inc. He stated he wanted to reconsider the geographic area of the neighborhood due to the testimO'ny given earlier in the hearing, and believed the neighbO'rhood should be much larger area. Commissioner Gallagher agreed that the nature of the proposed business is such that it will draw from a much larger neighborhood than a normal package store. Commissioner MencO'ni stated that statute allows for the neighborhood to be a broad area, and the only restriction is that the neighborhood cannot include the entire county. 10 05-25-2004 Commissioner Gallagher moved that the neighborhood be re-defined as that area within a 5 mile radius of the proposed location. Commissioner Menconi seconded the motion and asked Mr. Treu ifhe had any concernS about this. change. Mr. Treu stated that he did not object to this change. Question was called for onthe; motion. The vote was declared unanimous. Mr. Morris spoke to the board~ He objected to the change to the definition of the neighborhood. He believes that the law is in the board's favor regarding the change in the defmition of the neighborhood, howeVer he objected to the rules being changed in the middleofthe testimony. He asked fot re.consideration. He r~quested that the old neighborhood be reinstated and if that request is d.enied that the entir.e application be stricken in its entirety and the process be started over. Chairman Stone indicated that Edwards proper is well understood locally as including Singletree area, He denied the request of Mr. Morris to discontinue the hearing. He clarified that the petition is only pne part of the application consideration. Mr. Treu confirmed that the board had wide discretion in the process. Mr.Jvforrisstated he is objecting to the substance of the neighborhood at this time, butto the chafige of the neighborhood in therniddle of the hearing. He requested to cross-examine Mr. Irving. He askedabolltthe concept of having a tavern attached to a liquor store. lIe asked about NIt. Irving's understanding of the removal of and/or bringing onto the premises closed or open containers of liquor orttothepremises. Mr. Irving stated that he was clear on these laws. Mr. Morris aske<iMr. Irving when he filed the final financial documents forthis application. Mr. IrVing replied that the documents were filed on Monday, one day ago, specifically an individual history record. . Mr.. Wolf stilted that a part()f a :fi:nancial application was not completed, but has since been completed, . Mr. Morris asked to see a copy of the individual history record. Ms. Roach stated that this record was filed with the application and additionalfinartcial information was filed.on May 24,2004. She informed Mr. Morris that the new information included financing infonnation. . Mr. Morris inquired as to why there was no indication of the license being a retailliquorlice11se on the petition and the sign that posted the premises. Mr. Irving stated that Ms. Roach assisted in the filling out ofthe postings and. applications. Mr. Morris stated that the words ~~retailliqu6r store" appeared. Mr. Irving ansWered he was not aware of that andthat was the type license he was applying for. Chairman Stone asked about the relevancy ofthis issue. Mr. Morris stated that the type of license must be posted as part of the Colorado liquor code. Tbepostingviolated theJiquor code. Mr. Morris stated. that he had never seen a petition that did not refer to the type of the . license applied for. . Chairman Stone stated that these forms had been used for years. Mr. Morris clarified that the information that is filled in on the petition and the posting was incomplete. He offered to show pictures ofthe postings to the applicant. Chairman Stone asked Mr. Morris to highlight the primary points of his objections to the application. Mr. Morris stated 1) needs and desires ofthe neighborhood, 2) sufficiency of posting, 3) application was substantially incomplete, 4) applicant's case and credibility related to the petition, 5) conCerns about undue concentration ofliquor licenses in the neighborhood, and 6) date provided on the publication for the hearing. Chairman Stone asked Mr. Morris to continue with the sufficiency of the application. 11 05-25-2004 Ms. Roach provided the additional information that was required to be filed, but was only filed as of May 24th, 2004, (previous day). She informed the board that the application was originally filed at least 30 days prior to this hearing. There are no loans, but she requested additional information. Mr. Morris stated that this information is required to be part of the application and the fact that it was filed one day prior to the hearing is not acceptable. Mr. Morris continuedcrossMexarnination of Mr. Irving. Mr. Irving stated that he physically walked the neighborhood and introduced himself and requested their signatures. lIe informed Mr. Morristhat everyone knew that he would be opening a Wine shop. He infOmied those who he approached that he would be applying for a liquor license. Mr. Morris asked the applicant how many types of off-premise operations there are; Mr. Irving stated that he assumed there was one. He didn't show the people siglring the petition a map of the approved neighborhood. He provided a copy of the petition, but it was not complete. Mr. Morris gave a copy ofthe petition to Mr. Irving. He asked aboutthesignature from Lee .Tones. Mr. Irving stated that Mr. Jones signed the petition in the Mustang Bar and Grill. ChaimiaI1 Stone asked about the point Mr. Morris was trying to make. He asked Mr. Morris to Wrap up the argwnent related to the petition. Mr. Morris st<itedhe is questioning the credibility of the petition. He called Lee Jones. Lee Jones stated he lives in the Reserve in Edwards. Mr. Morris established that Mr. Jones is over 21 years of age, drinks occasionally, and works in Edwards. Mr. Jones infotrhed the bOard that he had not signed a petition for "Drink! Inc." Restated that his wife works at the Mustang Bat and Grill and was approached to sign the petition, and she signed the petition on his behalf. He was never approached to sign the petition. Commissioner Menconi asked who Mr. Morris was retained by and for whom Mr. Jones worked. Mr. Morris stated that he was retained by Mr. Eskwith of South Forty Liquors. Mr. Jones stated he is employed by part time by South Forty Liquors and his boss is Mrs. EskWith. Mr. Mortis presented a letter that verified that Mrs. Jones had signed the petition for Mr.. Jones and asked that this letter be admitted for the record. Mr. Wolf asked Mr. Jones ifhis wife was present for today's hearing. Mr. Jones replied that she was not. Chairman Stone accepted and read the letter for the record: . "To Whom It MayConcem: In early May I was approached by two persons; one male,. one female, asked me if I would.sign my name on a petition. They stated that the petition was for a cheese and wine tasting shop. After signing my name I asked if I could sign for my husband as he is a real cheese lover. They stated that this would be OK and I went ahead and signed on his behalf. I realize now that r should not have done this as Iwas misrepresenting him and I know that he would not have supported this application for a retail liquor store license in Edwards, signed, Brook Jones, Apartnlent QlOl, TheReSeI'Ve, 39999 Hwy 6, Edwards, Colorado." Mr. Wolf asked the board whether Mr. Jones was present when his wife prepared the letter. Mr. Jones stated that he was present. Mr. Morris asked Mr. Eskwith to step forward. Larry Eskwith, owner of South Forty Liquors, testified that he examined the petition and he confirmed the signatures using the phone book and map quest. He stated that numerous signatures were not from the defined neighborhood as originally defined. Mr. Morris asked Mr. Eskwith to give a copy of the petition to the board. Mr. Eskwith stated the signatures that he has highlighted are not in the original neighborhood. Commissioner Gallagher confirmed that twenty five signatures out of about one hundred have been highlighted. 12 05-25-2004 Mr. Morris stated that the evidence about Mr..Jones was offered to shed doubt on the credibility of the applicant. He indicated that he was finished with.the argument about the petition. Chairman Stone asked Mr. Treu to share with the commission the liquor code related to Mr. Morris's arguments on each point. He asked about the relevancy abouUhe petition including a signature that wassigned fraudulently. Mr. Treu stated that all of these facts speak to the credibility of the applicant and that is for this Board to decide. Mr. Morris wondered if when the decision is reached ifthe newneigh.borhood orthe old neighborhood would be considered. Mr. Treu requested the neighborhood would be considered when deliberations occur. Mr. Morris spoke to the board about the sign posting requirements. He asked Mr. Max Scott to step. forWard. Max Scott, operator of Oedipus, Inc., liquor licensing consultants. He informed the board that he had persona1lyexatnined the posted sign and that the details accordillg to theColor(,ldo.Liqllprcode indicate required sign size and letter size of one inch, and the sign is supposed to provide the type of liceIlse being applied for and the names and addresses of the principals. involved 1J~ listed. He stated that the posted sign is deficient with regards tocertainaspects ofthe liquor code. Most of the lette1'$ are not one inch high. and the type oflicense is not stated. The type oflicense being applied for areincolllplete aifdthe addresses were incomplete, and the sign was not posted in a c;onspicuous space. .. It isms belief thatthe sign does not meet the Colorado liquor code. Mr. Wolfe asked by whom Mr. Scott was hired. Mr. Scott informed the board that he Wa$ hired and was being paid by South Forty Liquors. His hourly rateis $125;00 perhout plus travel costs. . . Mr. Morris offeted;the pictures of the Postings into evidence. . ChairrfianStoIle accepted the pictures into the record. He asked Ms. Roach about who.fllls out thepostings. . Ms. Roach informed the board that she fills out these posted signs~ Chairman Stone asked if there could have been abetter placelJ1entof the sign. Ms. Roach stated that she .usua1ly informs applicants to place the sign .onthe front d()()r, facing out and the.applicant posted the notice where she suggested it be posted. ChaimlanStoIle asked about the relevancy of this issue. Mr. Tteu suggested that the board adjourn into executive Sessionp~uant to 24~6-.402. of Colorado State Statute. Commissioner Gallagher moved to adjourn into executive session toreceiveJegal advice On this matter. ComroissionerMenconi seconded the motion. Tbe vote was declared unanimous. Mr. Treti clarified that the board convened into executive session to receive legal advice onthe notice of hearing. Commissioner Menconi moved to adjourn from executive session. COnnnlssioIler Gallagher seconded the motion. The vote was dechlted. unanimpus. Mr. Treu stated that the Colorado Liquor code is clear regarding the proper posting requirements. - the posting doesn't contain the type of posting required, as it does Ilot include the type of license applied for. He believes all evidence obtained as apart of this meeting be stricken. Mr. Wolf stated he desire thatthis application be handled properly. He agreed that a complete vacation is the best way to go. Mr. Morris appreciates the Commission's indulgence. Commissioner Gallagher moved that due to lack of proper posting required by the Colorado Liquor Code that this meeting be vacated and all evidence presented be stricken from the record. 13 05-25-2004 Commissioner Menconi seconded the motion. The vote was declared unanimous. CoIillniSsioner Menconi moved to adjourn as the Eagle County Liquor license authority and reconvene as the Eagle County Air Terminal Authority. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Eagle County Air Terminal Corporation The next matter was the Eagle County Air Terminal Corporation meeting. Commissioner Menconi moved to approve the minutes from February 24, 2004. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Diane Matlriello, County Attorney, presented an agreement between ECAT and Vail Resorts. Vail Resorts currently displays a BMW automotive at the terminal building. The agreement assesses a good will value for the agreement and it's effectively at ECAT'sdiscretion. Colllmissioner Gallagher moved the Eagle County Air Terminal Corporation approve an agreement between ECA T and Vail Resorts for the display of a BMW automobile. Commissioner Stone seconded the motion. The vote was declared unanimous. Ms. Mauriello presented to the board the Second Amendment to the Advertising Display Concession Agreement between ECA T and TIGA Advertising. .One year agoECA T entered into an agreement with TIGA Advertising effectively on a one year trial basis. This amendment works to extend that agteementto a four year term which would complete the five year term which was the basis ofthe:RFP. Jack Ingstad told the Board that the relationship had improved and the Board Should feel cotrifoftable entering into a longer agreement. Mr. Roeper moved to approve the Second Atnendment to the agreement with TIGA Advertismg. CoIt11hissioner Stone seconded the motion. The vote was declared unanimous. Mr. Roeper spoke about ECAT seasonal comparison revenues. He stated that expenses were down sigtiificantly. Theemplanement numbers were also included. The fee varies depending on destination, departure and stops. Sectlrity savings were achieved based on the new format. Mr. Roeper stated that he had not been able to correlatePFCs. He was unsure whether they represent a charge for both coming and going and whether they are calculated at the originating airport. Mr. Ingstadstated it is a charge, both incoming and departing, calcuhited at the originating . airport. He said.it varies depending on the origination, destination, and connections. Co:rnmissioner Stone asked where money is saved on expenses. Mr. Roeper stated the main area is the security area. . He said they had been provided with three Sheriff s deputies and now there is currently one. Gallagher asked about enlarging the passenger security checkpoint area. Mr. Ingstad stated that he would like to bring Rich Cunningham into the discussion because he has cost estimates related to this project. He believes there are plans to present this project to the board. Chairman Stone stated that he had suggested going to TSA to see if they would be willing to fund part ofth1s project. His concern is that if the county is trying to increase traffic through the airport the level of security service must increase. It had been difficult for passengers to determine which line they were in on busy days. Ovid Seifers stated that there was an approximate cost of$225.00 per square foot. 14 05-25-2004 COn1missioner Stone moved to adjourn as the Eagle County Air Terminal Corporation and re~ convene as the Board of County Commissioners Commissioner Gallagher seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board this meeting was adjourned until Jooe I, 2004. ~ Attest: Clerk to the Board 15 05-25-2004