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
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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.
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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.
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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.
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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
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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.
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There being no further business bef~'theBQa'rti, the mee .
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~ourned until October 4,2005.
Chairman
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