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HomeMy WebLinkAboutMinutes 09/19/06 PUBLIC HEARING September 19,2006 resent: Peter Runyon Tom Stone Bruce Baumgartner Bryan Treu Robert Morris Kathy Scriver Chairman Commissioner County Administrator COUl1ty Attorney Assistant County Attorney Deputy Clerk to the Board Absent: Am Menconi Commissioner This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session There was no Executive Session COJlsent Agenda Chairman RUl1yon stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of September 18,2006 (subject to review by the Finance Director) Mike Roeper, Finance Department Approval of the minutes of the Eagle County Board of Commissioners meetings for July 17 and July 25, 2006 Teak Simonton, Clerk & Recorder C. Final Settlement of Agreement between Eagle County and American Civil Constructors, Inc Facilities Management Department Representative D. Colorado Department of Public Health & Environment for the Children and Youth with Special Health Care Needs Kathleen Forinash, Health & Human Services E. Software license and service agreement between Government Technology, LLC and the Office of the Eagle County Public Trustee Karen Sheaffer, Treasurer and Public Trustee F. Eagle to Gypsum Trail ~ BLM Right of Way Grant Ellie Caryl, ECO Trails G. Customs and Border Protection Memorandum of Agreement User Fee Airport Program Chris Anderson, Airport H. Tenth Amendment to Fixed Base Operator Concession and Lease Agreement between the County of Eagle, State of Colorado and the Vail Valley Jet Center County Attorney's Office Representative Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. 1 9/19/06 Bryan Treu, County Attorney stated that there were no changes to the consent agenda. Commissioner Stone moved to approve the Consent Agenda, Items A-H. Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote wad declared unammous. Citizen Input Tom Zinna, Catholic Charities advocate spoke. He explained the results of the services they provide to the community. Darleen Montana spoke. She sees many people in her office because they aren't being paid by their employers. Many are undocumented workers. She explained the mitigation process between workers and their employers. She stated that there were many organizations involved in the process. She has also been involved in the Health Care Taskforce. Catholic Charities hopes to provide dental care some day. She also works with a group of attorneys to educate immigrants of their rights. Mr. Zinna explained the recent changes to immigration laws, documentation and benefits. He stated that he has witnessed a lot of fear and misunderstanding concerning the new laws. He believes it is a federal problem and a lack of follow through. Commissioner Stone stated that the County could no longer fund their program due to the recent changes to house bill 10..23. The bill clearly states that county funds cannot be spent on illegal immigrants. He would like to continue providing workspace for Ms. Montana and comply with the law to provide many of the services that are currently being provided. He suggested seeking legal council from the County Attorney's Office. Ms. Montana's stated that even though she assists undocumented workers she assists other people as well. Chairman Runyon stated that the law must be recognized. Commissioner Stone moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Frites, LLC d/b/a Frites This is a renewal of a Hotel and Restaurant Liquor License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. n. Kotobuki, Inc. d/b/a Sushi Ya Go Go This is a renewal of a Hotel and Restaurant Liquor License in EI Jebel. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. C. Ritz Carlton Hotel Company, LLC d/b/a Ritz Carlton Club, Bachelor Gulch This is a renewal of a Hotel and Restaurant Liquor License-Private in Avon (Beaver Creek). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. D. Golden Eagle Inn, Inc. d/b/a Golden Eagle This is a renewal of a Hotel and Restaurant Liquor License in Avon (Beaver Creek). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. E. Vail Food Services d/b/a Mid-Vail Restaurant 2 9/19/06 This is a renewal of a Hotel and Restaurant Liquor License with Optional Premise in Vail (Vail Mountain). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. " Vail Food Services d/b/a Eagle's Nest Restaurant This is a renewal of a Hotel and Restaurant Liquor License with Optional Premise in Vail (Vail Mountain). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. G. Beaver Creek Food Services d/b/a Inn at Beaver Creek This is a renewal of a Hotel and Restaurant Liquor License with Optional Premise in Avon (Beaver Creek). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. H. Feather PetroleuIll Company d/b/a Stop and Save #18 This is a renewal of a 3.2% Beer (Off Premise) License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. I. Edwards Discount Liquors d/b/a Bottle 'N Cork This is a renewal of a Retail Liquor Store License in Edwards. There have been no complaints or disttltbances in the past year. All the necessary fees have been paid. J. Vilar Center for the Arts FoundationlVail Valley Foundation Vilar Center for the Arts This is a renewal of a Arts Liquor License in Avon (Beaver Creek). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. ther .consent K. Eagle Valley Humane Society This is a request for a Special Event Permit. The Humane Society will be holding its ahrtual Fund Raising Benefit October 14,2006 at the Eagle-Vail Pavilion in Eagle-Vail from 6:00 pm to 10:00 pm. All fees have been paid, no protests have been filed, and the proper posting has been performed. Records indicate that staff has had no problems with events held by this applicant in the past. Commissioner Stone suggested that all new applicants requesting special event permits not be placed on the consent agenda. Commissioner Stone moved that the Board approve the Liquor Consent Agenda for September 19, 2006, consisting ofItems A-K. Commissioner Runyon seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Other Liquor APPLICANT: DBA: REPRESENTATIVE: The Rumpus Room, Inc. The Rumpus Room William (Bill) Woodruff, Owner/Manager Sterling Bradbrook, Owner 1140 Edwards Village Plaza II B201-203 in Edwards Kathy Scriver None LOCATION: T AFF REPRESENTATIVE: ONCERNS / ISSUES: DESCRIPTION: 3 9/19/06 This is a request for the Transfer of a Hotel & Restaurant Liquor License. This license is currently held by Tavolaccio, Inc d/b/a Tavolaccio and is located in Edwards. The applicant currently possesses a Temporary Perm.it issued by the Board on June 27, 2006. CONCERNS/ISSUES: Staff has received complaints from area residents. The complaints involve noise levels emitting from the restaurant when there are live bands, tailgate parties, trash strewn about the neighborhood and loud patrons leaving late at night. Staff is concerned with the complaints, however there have been no recent reports of incidents by the Sheriff's Office nor have any citations been issued from Environmental Health. STAFF REPORT AND FINDINGS ESTABLISIDNG THE NEIGHBORHOOD This step is not necessary under the rules for a transfer of ownership. NEEDS AND DESIRES OF THE NEIGHBORHOOD This step is not necessary under the rules for a transfer of ownership. OTHER FINDINGS ~ This application is in order, all application requirements have been met, all the proper forms have been filled out, and all fees have been paid. ~ The premises where the alcoholic beverages will be sold are currently licensed by the state and local licensing authorities and were valid as of the date of receiving the application for transfer. ~ The applicant is reported to be of good moral character. ~ An affidavit of transfer and statement of account for all alcohol beverages sold has been filed and signed by both parties. ~ The applicant is over 21, fingerprints are on file, and his Personal History Record is on file. ~ Public notice has been given by the posting of a sign in a conspicuous place on the premises on August 16th, 2006. Publication of the notice is not required for a transfer of ownership. ~ 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. ~ The premises are not within 500 feet of any public or parochial school or the campus of any college, university, or seminary. ~ The applicant has submitted a mitigation plan that addresses the concerns of the area residents. ~ Pursuant to Colorado Code of Regulations 47-900, Conduct of Establishment, the licensee shall not permit rowdiness, undue noise, or other disturbances or activity offensive to the senses of the average citizen, or to the residents of the neighborhood in which the licensed establishment is located. ~ Pursuant c.R.S. 12-47-411 (a) Restaurants shall sell malt, vinous, and spirituous liquors as provided in this section only to customers of such restaurant and only if meals are actually and regularly served and provide not less than twenty-five percent of the gross income from sales of food and drink of the business of the licensed premises. STAFF RECOMMENDATION: Staff recommends approval of the license. However, the applicant should acknowledge the necessity to comply with applicable Commercial and Industrial Performance Standards of the Eagle County Land Use Regulations, Section 4-520, Noise and Vibration Standards, which states, "Every use shall be operated such that the noise level produced does not inherently and recurrently exceed sixty (60) decibels, during the hours 4 9/19/06 of 7:00 A.M. to 7:00 P.M., or fifty-five (55) decibels from 7:00 P.M. to 7:00 A.M." Any future noise violations may be dealt with through code enforcement actions or show cause hearings. eISCUSSION: Ms. Scriver presented the application. She read the amended staff recommendation and indicated that staff recommended approval of the transfer of ownership. Chairman Runyon asked the applicant if they were comfortable with the staffs recommendation. William Woodruff, owner/manager spoke. He stated that he believed they are in compliance with all the regulations governing their type of liquor license. He doesn't believe they are violating any noise or sound vibration codes. They submitted a petition with several signatures of people supporting their establishment. They have taken many measures to enforce trash issues. Sterling Bradbrook, owner/manager spoke. He presented a sign that would be posted at the Rumpus Room that read, "Please be considerate to our neighbors, leave quietly and do not litter". He also held up aT-shirt, worn by staff that read, "Please be considerate of the neighborhood". Mr. Woodruff stated that after that meeting he tried to contact the people who spoke against granting a transfer. He sent a letter to Mr. Howard urging him to work with them. He provided the Board with an Eagle County Sheriff Office service report. The report indicated that the noise was barely audible. Chainfian Runyon opened public comment. Laura Howard, Homestead homeowner spoke. She read a letter from Bethany Johnson and Barb Minervini and Christie Herman, Stag's Leap homeowners. Both letters indicated concerns for noise, trash and unruly patrons. Todd Brokenshire, Cisco sales representative spoke. He stated that he sells food to the Rumpus Room and lives behind them at 823 Edwards Village Blvd. He sees no difference in the noise or activities of the Gore Range Brewery. He considered his homes proximity to commercial property before he purchased his home. He sells them a.bout $1200-1500, wholesale, worth of food a week and believes they are selling a lot of food. They are constantly ying to find better items to sell their customers. Steve Trush, Elk Meadows resident spoke. He believes that the Rumpus Room is abar and not a restaurant. Conunissioner Stone requested that the file be tabled because he would not be voting for the approval of the tranSfer. His decision is based upon his interpretation of the law. He believes there would be problems with the establishment in the future because the bar sales will increase and food sales would not. Mr. Woodruff stated that they have taken overt measures to work with the community. Mr. Treu stated that the law states that you must run a true restaurant. Commissioner Stone remains unconvinced they are operating as a bona fide restaurant. Mr. Bradbrook stated that there have not been any violations. He believes thatthey comply with the law. Commissioner Stone stated that he doesn't believe that a transfer of a Hotel and Restaurant is the appropriate license. He recommended tabling the file until there was a full Board. Mr. Woodruff stated that they're not interested in a tavern license. They would like to operate as a Hotel and Restaurant because they want an establishment that is open daily from 11 a.m. to 2 a.m. Mr. Bradbrook stated that they have a large kitchen and purchased a great deal of kitchen equipment and the time of purchase. They would like to serve food and provide a place for people to eat and see a great show. Commissioner Stone stated that obtaining a tavern license would not preclude them from doing more food service. Ile believes it would be in their best interest and would allow them more flexibility. Mr. Bradbrook stated that their intent was to purchase a restaurant and transfer a Hotel and Restaurant license. He believes that they understand the needs of the neighborhood. He wondered if revising their business strategy or adding tables would make a difference. Chairman Runyon suggested they adjourn into executive session. Commissioner Stone moved to go into executive session for the purpose of receiving legal advice regarding the Rumpus Room liquor license application, which is an appropriate topic for discussion, pursuant to C.R.S 24-6- 02 (4)(b), Colorado Revised Statute. Chairman Runyon seconded the motion, which was unanimously approved. Commissioner Stone moved to adjourn following discussion, which was seconded by Chairman Runyon and unanimously approved. 5 9/19/06 Mr. Treu stated that the legal requirements associated with the transfer of a Hotel and Restaurant license were discussed in the executive session. The statues read that the Local Licensing Authority shall consider only the requirements of 12-47-307 when dealing with a transfer of ownership. A bona fide restaurant must maintain on tl-4a. premises, adequate personnel, food and other necessary facilities, equipment and supplies for the preparation and -~ serving of meals in addition to the 25% requirement, discussed earlier. His opinion to the board was that their discretion in this matter is curtailed but would concur with the staffs recommendation that the license be approved but the applicant be made aware of the requirements and understands that the county will be monitoring the 25% food sales in the future. Commissioner Stone stated that although he will make a motion to approve the license, he hopes the applicant understands very clearly that he objects to the transfer. He believes that it is a change of use. COIllhlissioner Stone moved that the local licensing authority approve the Transfer of Ownership of the Hotel and Restaurant license from Tavolaccio, Inc. d/b/a Tavolaccio to The RUlnpusRoom, Inc. d/b/a The Rumpus Room. Chairman Runyon seconded the motion. ChaifiIlan Runyon stated that he has huge concerns. He does appreciate the efforts being made by the applicant but feels that it is an inappropriate use and the Board will be watching to make sure the owners remain in compliance. Of the two voting commissioners, the vote was declared unanimous. Commissioner Stone moved to adjourn as the Eagle County Liquor Licensing Authority and fe-convene as the Board of County Commissioners. Commissioner Runyon seconded the motion. The vote was declared unanimous. PresentatioIl .. Application for Early Head Start 2007 continuatioIl funding Kathleen Forinash, Health & Human Services Ms. Forinash presented a PowerPoint presentation that presented an overview ofthe application for continuation fUl1ding of the early head start program. The guidelines call for the Governing Board-Board of COUhty Commissioners; to make decisions about the application in conjunction with members ofthe policy council. Rosie Moreno, family services coordinator spoke. She stated that currently there were 45 families participating in the program. The program provides home visits and group socialization. This allows an opportunity for the children and parents to meet one another. The program gives families an opportunity to meet their goals. She explained the programs benchmarks and plans for the future. Several parents spoke about how they have benefited from the program and how the program has provided a safe environment and a chance to meet other parents with similar needs. Commissioner Stone thanked the parents for their testimony. Chairman Runyon asked the total amount of funds being requested. Ms. Forinash stated that half of the non-federal share is provided by the county. Early Head start is the most intensive early childhood family based program, therefore the most expensive. 90% of the recipients are at or below the federal poverty level. The bottom line for the county is approximately $99, 860.00 Commissioner Stone moved to approve the application for continuation funding for the Early Head Start program for the calendar fiscal year of2007. Chairman Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. 6 9/19/06 r-- Ilannil1g Files PDS"00048 Ute Creek Industrial Service Park Expansion PUD Bob Narracci, Planning Department NOTE: Tabled from 8/1/06 - Request to table to 10/31/06 ACTION: Plahhed Unit Development Sketch Plan to add 88 aCres to the Ute Creek Industrial Park. The application includes the total of 160 acres which encompasses the original Ute Creek Storage Planned Unit Development inclusive of the proposed additional 88 acres located to the south and east of the existing development. Minor changes are proposed from the original layout of the Ute Creek Storage PUD. The additional land area included in this application is similar in character to the land in the original PUD' Due to strong market demand, the originally approved 72-acre PUD is nearing full utilization. As proposed, the project includes 40% open space. Additionally, one on-site caretaker's unit is proposed. Also, the development is to be gated to control acceSs. LOCATION: 0220 Ute Creek Road! Accessed from Hwy 131 via the Eagle Cotihty Landfill Road (EC Road S.. 49). Approximately two miles northeast of Wolcott. Commissioner Stone moved that the Board table file PDS-00048 Ute Creek Industrial Service Park Expansion PUD at the applicant's request until October 31,2006. Chairman Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. PilS-00050 TavaciPUn Joe Forinash, Planning Department NOTE: Tal>led from 8/15/06 - Request to Table to 10/10/06 ACtION: Mixed-use development consisting of 245 residential units (single family, duplex and multi-family) and 93,854 square feet of commercial/retail on a199.8 acre parcel. LOCATION: 19355 Hwy 82 (El Jebel, NE ofHwy 82, east ofEI Jebel MHP and Blue Ridge PUD) Commissioner Stone moved that the Board table file PDS-00050 Tavaci PUD at the applicant's request until October 10, 2006. Chairman Runyon seconded the motion. Ofthe two voting commissioners, the vote was declared unanImous. #'~&';t~ There being no further business befo~f~e:~~f~~ meeting was adjourned until ties!~}t &~~:;~/t{ff?~1 ~ 7 9/19/06