HomeMy WebLinkAboutMinutes 09/20/05 PUBLIC HEARING September 20, 2005 Present: Am Menconi Peter Runyon Tom Stone Keith Montag Bryan Treu Teak Simonton Chairman Commissioner Commissioner . Acting 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: Executive Session Commissioner Runyon moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice, discussing matters subject to potential negotiations, and discussing personnel matters relating to reclamation efforts at the Eagle River Preserve, bankruptcy filings of Delta and Northwest Airlines, the vacant county administrator position, and potential RICD filings, all of which are appropriate topics for discussion pursuant to C.R.S. 24-6-402(4)(b), (e) and (f), Colorado Revised Statutes. Commissioner Stone seconded the motion and it passed unanimously. Commissioner Stone moved to come out of executive session which was seconded by Commissioner Runyon. Consent Agenda Chairman Menconi stated the first item before the Board was the Consent Agenda as follows: \. Approval of Bill Paying for the Week of September 19,2005 (Subject to review by the County Administrator) Mike Roeper, Finance Department B. Approval of Payroll for September 29,2005 (Subject to review by the County Administrator) Mike Roeper, Finance Department C. Approval of the Minutes of the Eagle Board of County Commissioners Meetings for August 23 and 30, 2005 Teak Simonton, County Clerk and Recorder D. Second Amendment to Public Improvements Agreement for Frost Creek PUD Roadway Grading Permit No. MI-12007 Attorney's Office Representative E. Agreement Establishing the Obligations of Crown Mountain Park and Recreation District Regarding the Installation of Underground Electric Facilities at the Mt. Sopris Tree Farm Property, Eagle County, Colorado Attorney's Office Representative F. First Amendment to Lease Agreement between Eagle County, Colorado and Crown Mountain Park & Recreation District Attorney's Office Representative 1 9/20/05 G. Memorandum of Understanding between Eagle County and the Colorado Department of Human Services for the Implementation of the Colorado WORKS Program at Eagle County Kathleen Forinash, Health & Human Services I. Grant Application for Early Head Start Kathleen Forinash, Health & Human Services I. Task Order Agreement between Eagle County and the Colorado Department of Public Health and Environment for Material and Child Health Services Kathleen Forinash, Health & Human Services J. Agreement between Eagle County and Northwest Colorado Council of Governments - Alpine Area Agency on Aging Kathleen Forinash, Health & Human Services K. Agreement between Eagle County and Rippy Contractors, I11c., for Construction Project Name: Golden Eagle Senior Center Renovation Jason Hasenberg, Facilities Management L. Resolution 2005-119 Authorizing the Chairman of the Board of County Commissioners to Execute the Grant Agreement with the State Board of the Great Outdoors Colorado Trust Fund for Funding of the Hooks Lane Spur Trail Attorney's Office Representative Chairman Menconi asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that Item A, the approval of bill paying should be for both September 19th and 26th. Commissioner Stone moved to approve the Consent Agenda, Items A through L, Item A being modified to pprove both September 19th and 26th. Commissioner Runyon seconded the motion. The vote was declared unanimous. Planning and Land Use Resolution Consent Agenda Jena Skinner-Markowitz, Community Development There were no Planning or Land Use Resolutions for the Board's consideration this week. Minor Subdivision Plat Signing Jena Skinner-Markowitz, Community Development A. 5MB-00374, Hummingbird Condominiums; Tract W Bachelor Gulch Village Filing 3 - Tracts. A final plat which will subdivide Tract W, Bachelor Gulch Village Filing 3 - Tracts into 18 residential condominium units and associated common elements. This plat will also identify the Hummingbird Condominiums expansion property on said Tract W. Commissioner Runyon moved to approve file 5MB-00374, Hummingbird Condominiums; Tract W Bachelor Gulch Village Filing 3- Tracts and authorized the Chairman to sign the plat. Commissioner Stone seconded the motion. The vote was declared unanimous. 2 9/20/05 Final Settlement - Agreement between Eagle County and American Civil Constructors, Inc. for Provision of All Labor, Tools, Materials and Services for Construction of the Multi-Use Pond, Tract C, Berry Creek / Miller Ranch PUD and Related Outfall and Overtopping Structures, Pond Liner, Perimeter Treatments, Sedimentation Pond and Related Structures, Piping of Ditch Walkways, Relocation of Water Lines and Fine Grading and Seeding County Attorney's Office Representative, Bryan Treu Mr. Treu stated that this was the final settlement. Commissioner Stone moved to approve the Final Settlement- Agreement between Eagle County and American Civil Constructors, I11c. Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Runyon moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Stone seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent A2enda Renewals A. Big Sky Restaurant Company, LLC d/b/a Beaver Creek Chophouse This is a renewal of a Hotel and Restaurant Liquor License with Optional Premises, in Beaver Creek. This was one of the establishments that failed the State's compliance check in March. This is Beaver Creek Chophouse's first violation. State has administered a Show-Cause Hearing for the penalty and penalties have been served. As such, staff recommends that the renewal be approved. All documentation is in order and all fees have been paid. B. Rearden Restaurant, LLC d/b/a Blue Moose Pizza This is a renewal of a Hotel and Restaurant Liquor License, in Beaver Creek. This was one of the establishments that failed the State's compliance check in March. This is Blue Moose Pizza's first violation. State has administered a Show-Cause Hearing for the penalty and penalties have been served. As such, staff recommends that the renewal be approved. All documentation is in order and all fees have been paid. Other Consent C. Rearden Restaurant, LLC d/b/a Blue Moose Pizza This is a request for a Change in Location Permit, in Beaver Creek. This establishment will be moving from its current location in The Plaza, Beaver Creek to the Swiss Stubli location in the Posted Montane building at 76 Avondale Lane in The Plaza, Beaver Creek. Public notice has been given. No one has opposed the proposed move. All documentation is in order and all fees have been paid. 3 9/20/05 Commissioner Runyon moved that the Board approve the Liquor Consent Agenda for September 20,2005, consisting of Items A-C Commissioner Stone seconded the motion. The vote was declared unanimous. .ther Liquor A. Sleepy Hollow Restaurant, LLC d/b/a Foxnut New Hotel and Restaurant Liquor License APPLICANT: DBA: REPRESENTATIVE: LOCATION: YEAR LICENSE ISSUED: STAFF REPRESENTATIVE: CONCERNS 1 ISSUES: Sleepy Hollow Restaurant LLC Foxnut Brian Nolan 120 The Plaza, Beaver Creek NIA Kathy Scriver None DESCRIPTION: This application is for a new Hotel and Restaurant liquor license. This establishment will be located in the Blue Moose Pizza location in The Plaza, Beaver Creek. STAFF REPORT AND FINDINGS ESTABLISIDNG THE NEIGHBORHOOD: Staff recommends the following neighborhood: A two mile radius including but not limited to Beaver Creek and Arrowhead. Also included in the two mile radius are all unincorporated areas surrounding Avon. Commissioner Stone moved to approve the two mile radius from the proposed location of Foxnut including, but not limited to, Beaver Creek and Arrowhead. Also included in the two mile radius are all unincorporated areas surrounding Avon. Commissioner Runyon seconded the motion. The vote was declared unanimous. NEEDS AND DESIRES OF THE NEIGHBORHOOD: 1. All members of the Board have been provided with copies of the petition submitted by the applicant. The Board will 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 12-347-301 (2) (a). 2. There are currently 22 Hotel and Restaurant licenses issued in Beaver Creek. There are no provisions in the Colorado Liquor Code for denial based upon undue concentration, however. 3. Mr. Nolan has been server trained, is reported to be of good moral character, and is over 21 years of age. 4. Public notice has been given by the posting of a sign in a conspicuous place on the premises and by publication in the Eagle Valley Enterprise on September 1, and September 8, 2005. 5. The premises are not within 500 feet of a location for which, within 2 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. 4 9/20105 The premises are not for the sale of fermented malt beverages at retail where, within one year preceding the date of the application, a license has been denied at the same location for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by existing outlets. The premises are not within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 6. These findings have been made known, in writing, to the applicant and other interested parties, five (5) days prior to this hearing. 7. No concerns about this application have been received from the following Eagle County Departments: Sheriff, Community Development, Environmental Health, Building, Road & Bridge, and Engineering. 8. All documentation is in order and all fees have been paid. STAFF RECOMMENDATION: All findings are positive and staff recommends approval. DISCUSSION Brian Nolan spoke to the board as owner of several existing restaurants in Beaver Creek and stated that this new restaurant would be serving Asian food including Sushi. They are attempting to fill the need for family style dining in Beaver Creek. Commissioner Runyon moved to approve the new Hotel and Restaurant liquor license for Sleepy Hollow Restaurant LLC d/bla Foxnut base on the testimony, petitions, and evidence submitted today and incorporating staff findings. Such license is to be issued upon the written findings and decision of this Board and upon a final inspection of the premises by our Clerk and Recorder to determine that the applicant has complied with the site "nformation provided today and as may be required by the Colorado Liquor Code. Commissioner Stone seconded the motion. The vote was declared unanimous. B. Reardon Restaurant, LLC d/bla Blue Moose Pizza Manager Registration APPLICANT: DBA: REPRESENTATIVE: LOCATION: STAFF REPRESENTATIVE: Rearden Restaurant, LLC Blue Moose Pizza Brian Nolan and Edward Kruse, Manager 76 Avondale Lane Beaver Creek, CO Kathy Scriver DESCRIPTION: The applicant seeks to register Edward Kruse as its Manager for the Blue Moose Pizza. STAFF FINDINGS: )0> This application is in order, all application requirements have been met, and all fees have been paid. )0> The applicant is reported to be of good moral character, based upon Sheriffs reports. )0> Mr. Kruse has been server trained. CONCERNS 1 ISSUES: None ffiCOMMENDATION: Approval 5 9/20/05 DISCUSSION: Edward Kruse introduced himself to the board. Commissioner Stone wondered why Mr. Nolan requested these individuals to be at the hearing. Mr. Nolan stated that both of his restaurants had failed a Department of Revenue sting operation and he wanted to disclose this fact. One of the reasons that they are switching managers is due to the need for increased management of the law. Commissioner Stone reiterated the need for the liquor code to be followed. The owners of the restaurant carry the burden of responsibility for any infractions. Mr. Nolan stated that he is aware of this fact. Commissioner Stone stated that the board knows that Mr. Nolan is of good character, but that liquor violations are taken seriously none the less. C. Big Sky Restaurant Company d/b/a Beaver Creek Chophouse Manager Registration APPLICANT: DBA: REPRESENTATIVE: LOCATION: STAFF REPRESENTATIVE: Big Sky Restaurant Company, LLC Beaver Creek Chophouse Brian Nolan and John Westerhaus, Manager 15 W. Thomas Place Beaver Creek, CO Kathy Scriver DESCRIPTION: The applicant seeks to register John Westerhaus as its Manager for the Beaver Creek Chophouse. .TAFFFINDINGS: ~ This application is in order, all application requirements have been met, and all fees have been paid. ~ Mr. Westerhaus's CBI record indicated an alcohol related traffic offense in 2004. This information was also provided on the applicant's individual history record. ~ Mr. Westerhaus has been server trained. CONCERNS / ISSUES: None RECOMMENDATION: Approval Commissioner Stone moved to approve managers' registration for Edward Kruse of Rearden Restaurant, d/b/a Blue Moose Pizza and John Westerhaus of Big Sky Restaurant Company, LLC d/b/a Beaver Creek Chophouse.LLC Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Runyon seconded the motion. The vote was declared unanimous. -../4,;.0:,::" -,~,._-j';/_~ There being no further business bef~'theBQa'rti, the mee . .; ,..".' "-.,,-,".. '-".,} t/',::. 'ttest:~B}; ~.\}~ ~ourned until October 4,2005. Chairman 6 9/20/05