HomeMy WebLinkAboutMinutes 07/24/07 PUBLIC HEARING J uly24, 2007 Present: Am Menconi Sara Fisher Peter Runyon Bruce Baumgartner Bryan Treu Robert Morris Kathy Scriver Chairman Commissioner Commissioner County Manager County Attorney Deputy County Attorney Deputy Clerk to the ~ard . This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Special Recognition Awards - Mountain Philanthropy Days Am Menconi, Commissioner The County Commissioners recognized five local nonprofit organizations Tuesday for their participation in the recent Mountain Philanthropy Days . event in Leadville. The commissioners thanked representatives from the Eagle River Youth Coalition, Eagle Care Medical Clinic, Gore Range Natural Science School and Vail Valley Medical Center Foundation for taking the time to attend the event and learn of the of needs and challenges faced bynonprofits in the rural mountain resort region. Consent Agenda Chairman Menconi stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of July 23,2007 (subject to review by the Finance Director) Finance Department Representative B. Approval of the minutes of the Eagle County Board of Commissioners meeting for July 4 and July 19,2007 Teak Simonton, Clerk & Recorder c. Resolution 2007-078 approval of sale exemption to allow sale of Fox Hollow units to Habitat Recipients Attorney's Office Representative D. Reso"~Jtion 2007-079 adopting revised Eagle County Loan Fund .. Attorney's Office Representative E. Agreement between Eagle County and Donald J. Bissett to provide family services Kate Forinash, Health & Human Services F. Agreement between Northwest Colorado Council of Governments Alpine Area Agency on Aging and Eagle County Government for Adult Case Management and information and Referral System Kate Forinash, Health & Human Services G. Agreement between Eagle County and Colorado Legal Services for the Northwest Colorado Legal Services Project Kate Forinash, Health & Human Services H. Agreement between Eagle County and Garfield County for Child Care Licensing Kate Forinash, Health & Human Services 1 07/24/07 I. Public Improvements Agreement - Two Rivers Village Subdivision, Phase ill Greg Schroeder, Engineering J. Professional Services agreement betwen Eagle County and GoGo Creative for county branding campaign K. Minor Type B Subdivision / Southfork Meadows Phase V, Resubdivision of the Future Development Parcel. To further subdivide the Future Development Parcel as delineated by the Brett Ranch PUD, creating eight (8) townhome lots surrounded by 15,034 square foot common space (Eagle County File No. 5MB-00422) Terri Johnson, Community Development Chairman Menconi asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that there were no concerns with the consent agenda. Commissioner Fisher moved to approve the Consent Agenda, Items A-K. Commissioner Runyon seconded the motion. The vote was declared unanimous. Citizen Input There was none Commissioner Runyon moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Fisher seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda A. Blue Sky Restaurant, Inc. d/b/a Full Belly Kitchen and Pub This is a renewal fora Hotel and Restaurant License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's.Office and proof of server training has been provided. B. Summit Food & Beverage, LLC d/b/a The Summit This is a renewal for a Hotel and Restaurant License with Optional Premises in Edwards. There have been no complaitlts or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. c. Extended Family Stone, LLCd/b/a The French Press This is a renewal for a TavemLicense in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. Commissioner Fisher moved that the Board approve the Liquor Consent Agenda for July 24,2007, consisting ofltems A-C. . Commissioner Runyon seconded the motion. The vote was declared unanimous. 2 07/24/07 APPUCANT: EVENT: REPRESENTATIVE: LOCATION: STAFF REPRESENTATIVE: Rocky Mountain Institute 25th Anniversary Celebration Debra Doyle, Event . Coordinator Peace Ranch, 2900 Taylor Creek Road, Basalt CO Kathy Scriver DESCRIPTION: This is a.speciaI events permit application for the Rocky Mountain Institute's 25th Anniversary Celebration on August 10,2007 from 5:00 pm to Midnight. The event is a fundraiser meant to raise funds for RMI's cutting-edge initiatives. STAFF FINDINGS: IgjI This application is in order, all application requirements have been met, all necessary documents have been received, and all fees have been paid. IgjI Public notice has been given by the posting of a sign in a conspicuous place on the premises on July 12, 2007, 11 days prior to the hearing. IgjI There have been no protests filed with the Clerk and Recorder's Office. IgjI An alcohol management plan has been submitted andall servers selling, dispensing or serving alcohol will be server trained. IgjI Event will be catered by Little Nell Hotel CONCERNS I ISSUES: None STAFF RECOMMENDATION: All fmdings are positive and staff recommends approval. DISCUSSION: Commissioner Fisher asked Ms. Doyle if she had coordinated the event previously. Ms. Doyle stated that this was RMI's first event. Commissioner Fisher asked if all of the staff would be TIPS trained Amanda Perkins, Little Nell representative stated that their employees were TIPS trained Commissioner Runyon moved that the Local Liquor Licensing Authority approve the Special Events Permit for Rocky Mountain Institute at Peace Ranch, August 10,2007 from 5:00 p.m. to 12:00 a.m. Commissioner Fisher seconded the motion. The vote was declared unanimous. APPLICANT: DBA: REPRESENTATIVE: LOCATION: REQUEST: STAFF REPRESENTATIVE: Adam's Mountain Country Club, LLC Adam's Mountain Country Club Marc Painter, Holland & Hart 1094 Frost Creek Drive in Eagle New Optional Premises License for (private use only) Kathy Scriver DESCRIPTION: This is a new application for an Optional Premises Liquor License (stand-alone) for private use. This establishment is located in unincorporated Eagle. The Optional Premises is separated into four areas. The main licensed area is the Clubhouse with 3 permitted areas (diagram attached) Area 1 and Area 2 will open upon 3 07/24/07 approval of the liquor license and issuance of food service license, then subsequent areas can be opened as completed, or be opened or closed seasonally. The clubhouse is expected to be completed in the fall atthat time the applicant will apply for a modification, which would change the service area. STAFF REPORT AND FINDINGS: ESTABLISHING THE NEIGHBORHOOD The first order of business is to establish the neighborhood 1. Staff recommends the following neighborhood: The neighborhood shall consist .of a two-mile radius surrounding the proposed location for the licensed premises. The n~ighborhood shall also ineIude one mile on each side of Brush Creek Road, beginning at the proposed location and continuing for ten miles towards the Town of Eagle. Commissioner Fisher moved that the Local Liquor Licensing Authority establish the neighborhood to include the area within a two-mile radius surrounding the proposed location for the licensed premises. The neighborhood shall also include .one mile on each side of Brush Creek Road, beginning at the proposed location and continuing for ten miles towards the Town of Eagle. . Commissioner Runyon seconded the motion. The vote was declared unanimous. NEEDS AND DESIRES OF THE NEIGHBORHOOD 1. Alllllembers of the Board have been provided with copies of the petition report submitted by Oedipus, Inc. NO. letters in support of or opposing the issuance of this license have been received. 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. This application is in order, aU application requirements have been met, all necessary documents have been received, and all fees have been paid. 3. Mr. and Mrs. Kummer are reported to be of good moral character. 4. Public notice has been given by the posting of a sign in aconspicuotis place on the premises July 12, 2007 and by publication in the Eagle Valley Enterprise on July 12, and July 19,2007. 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. 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 ยท outlets. The premises are not within 500 feet of any public or parochial school or the campus of anycoUege, university, or seminary. 6. These [mdings have been made known, in writing, to the applicant and other interested parties, five (5) days prior to this hearing. CONCERNS I ISSUES: The applicant has not received a food service license nor has Environmental Health reviewed the applicant's food service pian. 4 07/24/07 STAFF RECOMMENDATION: All findings are positive and staff recommends approval. DISCUSSION: Ms. Scriver presented the application. Chairman Menconi asked if the petition had met with staff's satisfaction. Ms. Scriver stated that she had reviewed the report. There seemed to be some concern with traffic but no opposition to a private license. Marc Painter~ Attorney for the applicant spoke. He stated that the comments on increased road traffic apply to the development itself. The liquor code requires that the objections to needs and desires to be related to alcohol issues. Commissioner Fisher stated that she had reviewed the signatures on the petition briefly. She wondered about the requirements for signing the petition Max Scott ofOedipus~ Inc stated that thestatutesdonotclarify how long you have to be a resident. They do require thatanyone signing be 21 years of age, aUnited-States re~ident and reside at their residence for 30 days. Commissioner Fisher stated that many of the signatures on the petition were illegible and it was not possible to identify who the individuals were. Many of the addresses were illegible as well. . Mr. Scott stated that most jurisdictions don't require that the name be printed. He stated that based on their petition requirements and the people that performed the survey he is sure that the signatures are of those people who live at the addresses listed on the petition. Commissioner Fisher suggested that in the future, a line be added on the petition to allow room for names to be,printed. Commissioner Rqnyon conferred with Commissioners Fisher's concemsregarding the petition. Mr..Scott reviewed their survey procedures and stated that their procedures had remained the same since the early 70'. He surveyed the area personally. The survey figure was higher than normal when meeting the needs and desires of the neighborhood. Commissioner Runyon stated that he had concerns with the type of license. Mr. Painter explained the applicant's desire to open a temporary service area. Once the clubhouse is completed, the temporary service area will cease to operate and the clubhouse will operate asa normal restaurant. Commissioner Runyon asked if the Attorney's Office had any concerns with the type of license being requested by the applicant. Bryan Treu, County Attorney stated that the request for an Optional Premises lic~se is not a unique situation. . There are many golf courses in Eagle County with Optional Premises licenses. Ray Merry of the County Environmental Health Department stated thatthe food code would regulate their service of food. The details could be addressed onqe a food service plan is submitted by the applicant. Commissioner Runyon moved that the Local Liquor Licensing Authority fmd that there is a reasonable requirement and desire for the issuance of this license and that the existing licenses do not adequately satisfy these needs and desires and, therefore, approve a new Optional Premises liquor license for private use fol' Adam's Mountain County Club, LLC d/b/a Adam's Mountain Country Club based on the testimony, petitions~ and evidence submitted today and incorporating the staff findings. Such license is to be issued upon the written fmdings and decision of this Board and upon a final inspection of the premises by our Clerk and Recorder Office to determine that the applicant has complied with the site information provided today and as may be required by the Colorado Liquor Code. Commi~sioner Fisher seconded the motion. The vote was declared unanimous. Commissioner Runyon moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Eagle County Board of Equalization. Commissioner Fisher seconded the motion. The vote was declared unanimous. Resolution 2007-080 regarding petition to the Eagle County Board of Equalization Attorney's Office Representative Commissioner Fisher moved to approve Resolution 2007-079 regarding petition to the Eagle County Board of Equalization. 5 07/24/07 Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Runyon moved to adjourn as the Eagle County Board of Equalization and re-convene as the Eagle County Board of County Commissioners. Commissioner Fisher seconded the motion. The vote was declared unanimous. Planning Files PDA-00065 & ZC-00084& Red Sky Ranch 210 EXDansion Bob Narracci, Planning Department Tabled from 12/19/06,2/20/07,4/3/07, 5/29/07, to be tabled to September 11,2007 PUD Amendment to add 210 acres and 30 single family residential building sites to the west of the existing Red Sky Ranch PUD. A conservation easement of 855 acres separate but concurrent with this PUD Amendment is also proposed. LOCATION: Due west and adjacent to the existing Red Sky Ranch PUD NOTE: ACTION: Commissioner Fisher moved to table file no. PDA-00065 & ZC-00084 & Red Sky Ranch 21 o Expansion until September 11,2007, at the applicant's request. Commissioner Runyon seconded the motion. The vote was declared unanimo\ls. 1041-0067 Red Sky Ranch 210 EXDansion BobNarracci, Planning Department Tabled from 12/19/06,2/20/07,4/3/07,5/29/07, to be tabled to September 11,2007 Feedback from the Eagle County Planning Commission on the 1041 permit application for extension of central water service to a proposed addition of 30 single family residential home sites adjacent to the west of the existing Red Sky Ranch PUD. Each of the 30 additional. home sites is proposed to be served by individual sewage disposal systems that will be designed by a professional engineer to an agreed upon standard and professionally maintained and managed by the Holland Creek Metropolitan District. LOCATION: Due west and adjacent to the existing Red Sky Ranch PUD NOTE: ACTION: Commissioner Runyon moved to table file no. .1041-0067, PDA-00065 & ZC-00084, Red Sky Ranch 210 Expansion until September 11, 2007, at the applicant' s request. Commissioner Fisher seconded the motion. The vote was declared unanimous. PDSP 00025. ZC 00087 & 1041-0070 The WEST END Jena Skinner-Markowitz,. Planning Department NOTE: ACTION: To be tabled to August 14,2007 This application proposes a mixed use development planned unit development which includes multi-family residential dwelling units; employee housing units; and commercial uses including office; restaurant and retail-oriented business units. LOCATION: 34019 and 34129 Hwy 6; Edwards (Commonly known as the Havener/Kemp Parcels) Commissioner Fisher moved to table file no. PDSP 00025, ZC 00087 & 1041-0070, The West End August 14,2007, at the applicant's request. 6 07/24/07 Commissioner Runyon seconded the motion. The vote was declared unanimous. Department Quarterly Report Presentations Finance John Lewis~ Finance Director stated that in summery~ revenues are ahead of budget and sales tax is projected to be about $400,000 above budgeted year-end. Building in~pection permit fees~ etc are projected to be about $200~000 above budget. Property taxes are on budget. Project revenue increases by year-end are approximately $1~000~000. Expenditures were below budget the fIrst quarter and are now somewhat on budget. Unallocated general fund balance is estimated to increase over earlier projections. The CommJ.lIlityDevelopment department is under budget in expenditures. ECO transportation ridership continues to grow with increased fare- box revenue. Landfill revenue should be higher than the budget due to increased disposal volume. Motor Pool replacement values and departmental charges are catching up on inaccurate prior year~ s estimates. They are working towards a solution by accurately calculating replacement values. The total fund balance estimated by the end of the year which is a combination of the unallocated general fund balance and reserve is over and above the 15% reserve. He explained how property taxes affect the general fund. Chairman Menconi stated that he~ d learned a lot over the last couple months about the budget and believes it's a result of Mr. Lewis~s intelligence and passion. Pro iects Rick Ullom~ Construction Manager presented details of projects currently underway. The Golden Eagle- Senior apartment groundbreaking ceremony is scheduled for September 18. The scheduled. completion date is May 2008. Hereported the status of the EI JebelRoad& Bridge Facility. They are currently negotiating with a contractor to ensure they are on track with the budget. He presented highlights related to the de-Icing facility project at the airport and explained the solidification process. The airport runway extension would be complete by the weeks end. The security fence will be near completion in 4-5 weeks. He presented a photo of the retaining wall at the airport and pointed out that the Eagle County logo was not visible and they are considering adding color to it to resemble the standard logo used on county stationary. He spoke about the proposed Leadville bus storage facility. They are ready to submitthe design assuming zoning and other permits are in line. The airport terminal roof will.be underway mid August. The baggage.area would be ready November 31. The Eagle River Preserve watercourse project is expected to move forward August I ~ 2007 once the contract is signed. Peter Fralick, Project Engineer explained the status of the ADA parking at Freedom Park. Commissioner Fisher wondered about the transfer station. Mr. Ullom stated that that project was moving forward as well. He explained the status of the Cooley Mesa road widening and stated that timing of the project was critical. Commissioner Runyon wondered about the width. Mr. Ullom stated that the road would be twice the width of the current road. TyRyan, County Engineer stated the town of Gypsum is reviewing the project as well to,make sure things ..~ sequence. He believes it may be necessary to keep lanes open to Spring Creek and other commercial areas. Chairman Menconi asked Mr. Ullomto provide information on what other projects underway. Mr. Ullom stated that the Colorado River Road bridge project is in the design process. The bridge is 8 miles up the Colorado River Road. The maintenance service center in the fleet department is being considered. The Fairgrounds pump line ditch project is also currently under way. Chairman Menconi wondered if some of the large boulders down by the river could be . moved to provide better access to the river for boaters. Mr. Ullom stated that they would have to consider water rights and they do not want to generate any safety issues. Chairman Menconi stated that he is in favor of enhancing aquatic life. He wondered if there would be any additional requests to the budget for any of the projects presented. Mr. Lewis stated that all the projects were currently on the table. 7 07/24/07 IT Scott Lingle, IT Director presented the 2007 objectives and a mid year status report. The department objections are to improve decision support, risk mitigation, implement new services, build on existing capabilities and strengthen communication. They are currently in the process of implementing a new Financialssystem. They plan to go live October 2007. They are implementing a Human Resource System, with a tentative live date of January 2008. Community Development is currently negotiating terms with a short list of vendors. The Assessors's Office has also requested a new system. The Finance Department system is the only one that is active. The current telecommunication-system is being evaluated. Telephone and voice mail systems continue to operate with significant riS}( of down time. Chairman Menconi wondered about the need of having everything done at the same time. Mr. Lingle stated thatthe projects could be phased in but there maybe challenges to maintaining two systems at the same time. He suggested focusing on the higher risk systems fIrSt. They have engaged a third party to evaluate the existing IT security practices. A draft report on results is due.in August. He stated that when he started working for the county there was an immediate need for storage, backup, and disaster recovery. They are looking at. collaborating with storage vendors. towards . redesigning the existing network stora~e design. There. is also a need to gain business defmition regarding acceptable down time in the event of a disaster. He addressed the need for a facility to provide computer based training to county employees in the OardenLevel Classroom. He explained the benefits and usage possibilities for Electronic Document Management. The Laserfiche system has been successfully piloted by the Attorney's Office and Clerk and Recorder'sOffice. He believes that records retention is an important topic and there needs to be a clear policy. He explained the objectives for moving the server and storage equipment within the Justice Center. Lastly, he explained the security access control project and stated that the funding to address the project is in the works. He concluded that th~ organization chart had been updated and they intend to s.tandardize county procedures for initiating service. Clerk Teak Simonton, County Clerk and Recorder stated that the primary goal in the Clerk's Office is to help with all the customers that come in a daily basis for motor vehicle and recording transactions The mission of the Clerk's Office mirrors the county's mission to enhance.the quality of people's lives and be themodel of excellence for mountain communities while administering elections accurately and efficiently, recording and preserving public documents and providing accurate motor vehicle transactions. She highlighted recent trends, some of which included changing election laws, motor vehicle laws, and the increased scrutiny of elections. The office is experiencing challenges in fmding entry-level staffbut she hopes to be fully staffed by the end of the year. She explained recent changes made in the Clerk's office to improve efficiency. She stated that her office encourages good communication by having meetings with staff on a bi-monthly basis. There is also an in office ne)Vsletterthat comes out quarterly that is an informal way for managers to communicate with all staff members about what's going on. Election accuracy and efficiency are ever important and classes are attended by her and her election staff regularly. The mail ballot plan has been revised. Seasonally appropriate topics are being streamed on ecoTV-18 and published in the Eagle County news section of the paper. Cross training within the department is required for added efficiently. She presented a preview of2008 issues. Such issues included a possible MY software system, statewide voter registration system, and she hope to add 3 new polling places for the next Presidential Election. Commissioner Runyon wondered if Eagle County 'Would be getting another DMY facility due toa population increase~ Ms. Simonton stated that she attempted to bring that service into her office in 2003 but she was told at the time that there was not sufficient support to open an office in our location. She hopes the state will fmd the funds needed to come back to Eagle County. Commissioner Fisher commended her for her work in the election process and wished her the best of luck in 2008. . Treasurer Karen Sheaffer, County Treasurer & Public Trustee stated that the Treasurer's revenues and expenditures were on target with the 2007 estimated budget, except for the Treasurers' commissions. As of June 30,2007,97% of billed taxes had been collected. She expects to collect 100% of the tax revenue for Eagle County and Eagle 8 07/24/07 County Taxing Authorities. Investment revenue is 71% of the budgeted amount. The 2006 Investment revenue totaled $2,217,015. . She believes they will surpass this amount for 2007. In 2006, the Public Trustee's office saw a 5% decrease in foreclosures on timeshare units and 5% increase in real property foreclosures. Some national statistics showed an increase of as much as 43% as of September 2006. Eagle County has only shown a slight increase. Commissioner Fisher wondered if there would be more foreclosures filed in the latter part of the year or a reduction. Ms. Sheaffer stated that towards the end of the year there is typically an increase in foreclosures. It generally depends on those preparing the paperwork. Commissioner Runyon wondered why there was a lull in March. Ms. Sheaffer stated that the fItst half tax deadline is February 28th otherwise most have paid their taxes in January. March is typically a slow time that allows her staff to prepare for the next influx. Commissioner Fisher wondered about their new electronic check procedure. Ms. Sheaffer stated that the new system is much more efficient. Commissioner Fisher wondered if credit cards could be used. Ms. Sheaffer stated that credit cards can be used in the Treasurer's Office but the problem with using them for the county is that the county would have to absorb the conveyance fee. She recently talked to the state treasurer and there is an interest in changing state statutes so the convenience fee could be passed onto the customer. Chairman Menconi wondered how many tax notices are sent out a year. Ms. Sheaffer stated there were approximately 37,000 sent out this year. The number increases every year. Commis~ioner Runyon wondered how many were non real property. Ms. Sheaffer stated there were about 3,000 mobile homes and less personal property. Personal property is a moving target. Sheriff Joe Hoy, Eagle County Sheriff stated that his staff had recently discussed the needs of the county. They see a strong relationship with the community and the community sees a trusted partner that they can turn to in times of need. They see professionalism, care and responsibility as the core of who they are. Some of their department goals include implementing a jail information system, strengthening the partnership with Eagle County schools, and implementing a fully functional highway drug safety program to reduce transportation of illegal drugs. This program is 50% complete. Recently a new training program has been developed for detention officers.. They have implemented a fast tract program to allow officers to move forward more quickly. They provide training for deputies in need of supervisory training and encourage organization members to pursue higher education. They continue to work towards making internet usage safe for youth. This program is 70% complete. This is a difficult program in terms of stress on the investigator. There have been two arrests since the program was initiated. Chairman Menconi wondered how the program was initiated. Mr. Hoy stated that he'd gone to a convention a couple years ago and decided that a program in Eagle County was needed. Since then they ,have continued to move forward. They are developing plans for a public safety training facility. They are developing a mentor program. He is trying to develop a street survival-driving program for new drivers. Lastly, they are looking to develop a program to address underage drinking parties. The program would train deputies to better handle these situations; Attest: 9 07/24/07