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HomeMy WebLinkAboutMinutes 11/15/11 PUBLIC HEARING November 15, 2011 Present: Jon Stavney Chairman Peter Runyon Commissioner Sara Fisher Commissioner Keith Montag County Manager Robert Morris Deputy County Attorney Teak Simonton Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Stavney stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of November 14, 2011 (subject to review by the Finance Director) Finance Department Representative B. Approval of the Minutes of the Eagle County Commissioner Meeting for October 18, 2011 Teak Simonton, Clerk and Recorder C. Resolution 2011 -134 Concerning an Appointment to the Minturn Cemetery District Board of Directors Attorney's Office Representative D. Resolution 2011 -135 Regarding Final Release of Collateral and Termination of the Warranty Period for McCoy Creek Cabins PUD Phase 2 Attorney's Office Representative E. Final Settlement for Riverview Apartments Remodel to R.A. Nelson and Associates Attorney's Office Representative F. Resolution 2011 -136 Approval of the Planned Unit Development Preliminary Plan Amendment for the Sweetwater Ranch Planned Unit Development (Eagle County File No. PDA- 3118) Scot Hunn, Planning G. Resolution 2011 -137 Approval of a 1041 Permit to Allow Major New Water and Wastewater Treatment Systems for the Sweetwater Ranch Planned Unit Development (Eagle County File No. 1041 -3149) Scot Hunn, Planning H. Resolution 2011 -138 Approval of a 1041 Permit to Allow for the Installation of a Major New Water Storage and Treatment System for the Bellyache Ridge Subdivision (Eagle County File No. 1041 -3083) Scot Hunn, Planning I. Resolution 2011 -139 Approval of a Waiver for Special Use Permit Associated with the 1041 Permit for a Major New Water and Wastewater Treatment System for the Bellyache Ridge Subdivision (Eagle County File No. 1041 - 3083). Scot Hunn, Planning 1 11/15/2011 Chairman Stavney asked the Attorney's Office if there were any changes to the Consent Agenda. Commissioner Runyon spoke about a delay to appointments to the Minturn Cemetery District, but would now like to appoint Dick Cleveland. Commissioner Fisher asked about the Riverview Apartment complex. Ron Siebert, project manager /facilities management stated that people are happy with their new apartments and the contractor did an excellent job. He stated that the original contract was close to $5.3 million. There were additional modifications to water and sewer lines and mold was discovered in the interior, exterior and stair towers, bringing the total project cost to $6.2 million. Commissioner Fisher added that re- financing was also made available during the remodel period, which would reduce the payments over time. She thanked Mr. Siebert and his staff for making the project exceptional. Commissioner Runyon moved to approve the Consent Agenda, Items A -I. Commissioner Fisher seconded the motion. The vote was declared unanimous. Citizen Input Chairman Stavney opened and closed citizen Input, as there was none. Commissioner Fisher suggested keeping Tom Hyatt and his family in everyone's thoughts and prayers due to the death of Mr. Hyatt's son. John Shipp from the Dusty Boot, Luigi's spoke to the board. He spoke about the Vail Valley Partnership and the board's support for the Sports and Marketing coalition and asked them to continue this support. He spoke about the importance of the Air Alliance to the community's long -term success. He would try to encourage other business owners to commit to these programs. Commissioner Fisher spoke about reducing landing fees to help all airlines. The board was looking for ways to reinvest in the future growth of the airport. Commissioner Fisher moved to adjourn as the Board of County Commissioners and re- convene as the Eagle County Liquor Licensing Authority. Commissioner Runyon seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda A. Connellys, LLC d/b /a E -Town #28- 45422 -0000 Order Approving Stipulation and Setting Penalty B. Feather Petroleum Company d/b /a Stop n Save #18 #04- 41335 -0016 Order Approving Stipulation and Setting Penalty C. Joy's Bella Mia, Inc. d/b /a Bella Mia #05- 43100 -0000 Order Approving Stipulation and Setting Penalty D. DVT, Inc. d/b /a Downvalley Tavern #12- 88492 -0000 Order Approving Stipulation and Setting Penalty 2 11/15/2011 Commissioner Runyon moved that the Board approve the Liquor Consent Agenda for November 15, 2011 consisting of Items A -D. Commissioner Stavney seconded the motion. The vote was declared unanimous. APPLICANT: BC II, LLC DBA: The Metropolitan REPRESENTATIVE: Christina Shipp, owner /applicant LOCATION: 210 Offerson Road, Unit C -201, St. James Place Building Beaver Creek, CO REQUEST: New — Hotel and Restaurant Liquor License STAFF REPRESENTATIVE: Kathy Scriver DESCRIPTION: BC II, LLC submitted an application for a new Hotel and Restaurant Liquor License on October 13, 2011. Ms. Shipp is currently in the restaurant business and has an interest in other restaurant establishments in Eagle County such as, Dusty Boot (Beaver Creek and Eagle) and Luigi's. The Metropolitan is located in the St. James Place Building on the second floor, below the Dusty Boot. The establishment will be a coffee shop /internet lounge and will feature wine and a variety of appetizers. The Metro will be open year around with a short off - season closure in the spring and fall. During the peak winter and summer season the restaurant will be open 7 am — 10 pm. During the off -peak season, the hours will be 7 am -2 pm. ESTABLISH NEIGHBORHOOD: The first order of business is to establish the neighborhood. Staff recommends that the definition of the "neighborhood" include the area within a two -mile radius from the proposed location. Including but not limited to, Beaver Creek Subdivision, Beaver Creek Plaza, Bachelor Gulch, Eagle -Vail, and Avon. MOTION: Commissioner Fisher moved that the Local Liquor Licensing Authority establish the neighborhood to include the area within a two -mile radius from the proposed location. Commissioner Runyon asked about the number of petition signatures crossed out and the reason. Ms. Scriver indicated that the lines were not complete or the signers were not 21 years of age. Mr. Shipp indicated that they had staff circulate the petitions. Commissioner Runyon seconded the motion. The vote was declared unanimous. NEEDS AND DESIRES OF THE NEIGHBORHOOD 1. All members of the Local Licensing Authority have been provided with copies of the petition submitted by the applicant included is a summary provided by the Clerk's Office. 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. Petition circulation was conducted by the applicant. 3 11/15/2011 LIQUOR AUTHORITY CONSIDERATIONS: 1. Whether the licensee shall possess and maintain possession of the premises for which the license is issued by ownership, lease, rental, or other arrangement for possession of such premises. 2. Whether the premises are within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 3. Whether the fees have been paid. 4. Whether the applicants are of good moral character. STAFF FINDINGS: 1. The applicant has filed an application on forms provided by the state licensing authority and provided information as required by the state licensing authority. All applicable requirements have been met, all the proper forms have been provided, and all fees paid. 2. The applicant is 21 years of age and reported to be of good moral character. 3. Public notice has been given by the posting of a sign in a conspicuous place on the premises November 4, 2011 and publication in the Eagle Valley Enterprise on November 3 and 10` 2011. 4. 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. 5. The premises are not within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 6. The applicant has submitted proof of possession of premises. 7. The Planning Department, Environmental Health Department, Sheriff's Department, and Engineering Department expressed no concerns or issues with the application at this time. 8. Staff received no comments concerning this application from the Building Department, Eagle County Treasurer, or Director of Road & Bridge. 9. The applicant has provided an alcohol management plan per the requirements of the Local Licensing Authority. The applicant will insure that all staff that serve, sell, or dispense alcohol will be trained within 30 days of hire. STAFF CONCLUSION: The applicant has met all the necessary requirements for a Hotel and Restaurant liquor license. DISCUSSION: Commissioner Fisher spoke about the comments on the petition, which were all very positive. Mr. Shipp stated that they had worked with the property owner and the need for this type of restaurant and lounge. He did not feel the concept would compete with other establishments in the area. They intended to give back to the community through fund raising and sponsorships. 4 11/15/2011 Chairman Stavney spoke about the positive record of accomplishment of the owners. Commissioner Runyon moved that the Board find that there is a reasonable requirement and desire for the issuance of this license, therefore approve a Hotel and Restaurant Liquor License for BC II, LLC d/b /a The Metropolitan based on the testimony, petitions, and evidence submitted today and incorporating the 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 the Clerk and Recorder's Office to determine that the applicant has complied with the site information provided, as required by the Colorado Liquor Code. Commissioner Stavney 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 Board of County Commissioners. Commissioner Fisher seconded the motion. The vote was declared unanimous. Planning Files PDA -3103 Mount Sopris Tree Farm PUD Amendment (Crown Mountain) Bob Narracci, Planning Department NOTE: Tabled from 6/28/11 & 9/13/11. File to be tabled to 02/07/12 ACTION: The purpose of this Planned Unit Development Amendment is to modify the existing PUD to allow for the construction of a recreation center, associated parking additional trails, and ice rink, covered tennis courts and other improvements described in the PUD document. There is also a request to increase the size of the leased area. LOCATION: 20 Eagle County Drive, El Jebel 1041 -3140 Crown Mountain Park Bob Narracci, Planning Department NOTE: Tabled from 6/28/11 & 9/13/11. File to be tabled to 02/07/12 ACTION: The purpose for this 1041 Permit is to modify the existing PUD to allow for the construction of a recreation center, associated parking additional trails, and ice rink, covered tennis courts and other improvements described in the PUD document. There is also a request to increase the size of the leased area. LOCATION: 20 Eagle County Drive, El Jebel Commissioner Fisher moved to table the files until February 7, 2012. Commissioner Runyon seconded the motion. The vote was declared unanimous. 5 11/15/2011 Work sessions (recorded) Capital Improvements Projects Long Range Planning Tom Johnson, Public Works PanFork Trailer Park Redevelopment — Basalt Colin Laird, Roaring Fork Community Development Corp. There being no further business befor: the meeti , g was adj , ,urned until No - • er 22, 2011. l � ` '� Attest: • -40' L � P ' * i . i t Td O Clerk to the Bo. d cbeQ . 6 11/15/2011