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HomeMy WebLinkAboutMinutes 04/17/12 PUBLIC HEARING April 17, 2012 Present: Peter Runyon Chairman Sara Fisher Commissioner Keith Montag County Manager Robert Morris Deputy County Attorney Kathy Scriver Deputy Clerk to the Board Absent: Jon Stavney Commissioner This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: County Elected Officials - Alignment 2012 First Quarter Update (recorded) Consent Agenda Chairman Runyon stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of April 16, 2012 (subject to review by the Finance Director) Finance Department Representative B. Second Amendment to Agreement between Eagle County and Meadow Mountain Plumbing and Heating Service, Inc. for On -call Services Ron Siebert, Facilities Management C. Intergovernmental Agreement between Eagle County and the Town of Eagle for Animal Services Shawn Markmann, Animal Services D. Agreement between Eagle County and the Southern Institute on Children and Families for Business Process Analysis and Improvement Rita Woods, Health & Human Services E. Fixed Bid Construction Agreement between Eagle County and Oldcastle SW Group Inc. DBA B &B Excavating for Eagle County State Bridge and Two Bridges Boat Ramps and Site Improvements Rick Ullom, Project Management Rick Ullom spoke about the site improvements at State Bridge and Two Bridges Boat Ramps. The contract was for both projects. The improvements include boat ramps, restrooms and other general improvements. The State Bridge project would begin tomorrow. Of the 5 respondents, B &B Excavating was selected. Chairman Runyon asked about pre - constructed boat ramps. Mr. Ullom stated that B &B excavating would be responsible for the instillation of the boat ramps. The restrooms would be prefabricated similar to those at state parks. Chairman Fisher stated that the funding for the improvements was coming out of the Open Space Fund. She believed the improvements would last for many years. Mr. Sprunk stated that the Bureau of Land Management's (BLM's) Kremmling Field office would be managing the State Bridge property. Commissioner Fisher moved to approve the Consent Agenda, Items A -E. 1 04/17/2012 Commissioner Runyon seconded the motion. Chairman Runyon asked Shawn to explain the contract with the town of Eagle. Shawn Markmann explained that Eagle County Animal Services provided service up and down the valley and had an intergovernmental agreement with each of the incorporated towns. Commissioner Fisher thanked Mr. Markmann and his staff for their hard work. Chairman Runyon called for the vote. Of the two voting Commissioners, the vote was declared unanimous. Citizen Input Chairman Runyon opened and closed citizen Input, as there was none. Resolution 2012 -042 Supporting the Acquisition of the Saltonstall Property Located at 794 Hooks Spur Road, Eagle County, Basalt Colorado Toby Sprunk, Open Space Mr. Sprunk thanked Dale Will, director of Pitkin County Open Space for attending. Mr. Will led the charge for this particular acquisition. The project served the public well and featured a range of conservation recreation values. The property was 150 acres and included an additional 25 -acre conservation easement that would be donated as part of the acquisition. There were a number of partners involved, Pitkin County, Basalt, Mid Valley Trails, Eagle County, and $500,000.00 from Great Outdoors Colorado was possible. The purpose of the resolution was to demonstrate commitment to the project for the GOCO grant application process. This $5 million dollar purchase did not include transaction costs. He provided a map detailing the property location. Town of Basalt ranked Saltonstall as a top open space priority. Chairman Runyon asked about the current access points Mr. Will stated that there were no good access points in the mid- valley, which was why this project had generated enthusiasm from recreation enthusiasts in the valley. Mr. Sprunk spoke about the public access to the trail network. The property was highly visible from Highway 82, Crown Mountain Park, and Missouri Heights. The property contained excellent wildlife habitat, including critical winter range for mule deer. The lower portion could be leased for cattle and hay production. Although the project received wide spread support, he did receive a letter from Michael Davies a local landowner expressing concern for traffic, water usage, and parking. Mr. Davies requested that the board disallow all future development on the property and stand behind the intent of the master plan and zoning. He also spoke about a letter that he received from Brian Davies, Michael's brother. The letter expressed strong support for the Open Space program and property conservation in the valley but expressed concern for long -term impacts. He asked that the board place a requirement on the funding approval that a steering committee for the management of the property be established with representation from the neighborhood. Chairman Runyon expressed a strong support for putting it under a conservation easement as well. Mr. Will believed that the property would be protected from any future conversion, as there would be multiple layers of protection once the fmal transaction was complete. Chairman Runyon asked about the Pitkin County commitment. Mr. Will stated that Pitkin County was investing their funds permanently. Chairman Fisher asked about the parking element. Mr. Will stated there were 20 spaces at the Rio Grande Trail head if additional parking was, there would be options in the future. He stood behind the management planning processes. Chairman Runyon asked about the parcel to the east. Mr. Will stated that it belonged to the Glassier Family. The property was some of the best in the Roaring Fork Valley. They hoped was to see the property preserved in the future. Chairman Runyon explained that there were still a number of issues. The resolution was non - binding. He hoped to work with the neighboring landowners and to discuss the possibility of a conservation easement. He thanked Dale Will for his work and appreciated Pitkin County's efforts in preserving mountain communities. Mr. Sprunk stated that there were a number of items in the purchase contract that gave the county the ability to back out of the purchased. Commissioner Fisher asked about the Davies' request to have two people from the neighborhood sit on the board. 2 04/17/2012 Mr. Will stated that they agreed to the concept. Currently they were focused on acquiring the property. The management plan was an investment once they own it. Commissioner Fisher asked about the RAFTA property and parking. Mr. Will stated that there was currently a dispute between RAFTA and the current owner but they were in constant contact. Mr. Sprunk stated that he would be taking the presentation to OSAC on May 14. Thus far, the comments for OSAC had been supportive of this acquisition. Last Thursday there was a meeting from GOCO as well. Chairman Runyon asked about the time line for GOCO. Mr. Sprunk believed it would be in June. Mr. Will stated that the current contract provided for an October closing. Mr. Montag shared Commissioner Stavney comments on the project. He was in full support. He felt as though this was a "flag ship" project for the Roaring Fork Valley. Commissioner Fisher moved to approve the resolution supporting the acquisition of the Saltonstall property located at 794 Hooks Spur Road, Eagle County, Basalt Colorado Chairman Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Commissioner Fisher moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Local 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 & Recorder's Office Consent Agenda Renewals A. Our dish!, Inc. d/b /a dish! #42 -28106 -0000 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. An Alcohol Management Plan is on file and proof of server training has been provided. B. Rink Productions, Inc. d/b /a Rink Productions #26- 65945 -0000 This is a renewal of an Optional Premise Liquor License in Avon (Beaver Creek). 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 and proof of server training has been provided. Other C. Enterprise Hotels of Colorado, Inc. d/b /a Rocks Modern Grill #25- 39682 -0000 This is a Report of Change / Manager Registration. The applicant wishes to register Kevin Shields as the new manager, replacing Sharon Wright. Mr. Shields was reported to be of good moral character and has no criminal history based on both the Sheriff and CBI reports. 3 04/17/2012 Commissioner Fisher moved that the Board approve the Liquor Consent Agenda for April 17, 2012 consisting of Items A -C. Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. APPLICANT: The Literacy Project REQUEST: Special Event Permit EVENT: Cinco de Mayo Celebration DATE: Sunday, May 6, 2012 REPRESENTATIVE: Colleen Gray LOCATION: Eagle River Center — 0794 Fairground Road, Eagle STAFF REPRESENTATIVE: Kathy Scriver CONCERNS: None DESCRIPTION: The applicant has requested a permit for a beer booth at a Cinco de May Celebration being hosted by NRC Broadcasting. The event is being held at the Eagle River Center. Beer will be served from 12 to 7 p.m. NRC Broadcasting will oversee the security and food service. The event will feature a car show, live music, fashion show, folkloric dancers, and 3 -4 "live" bands. There will be 5 food vendors serving different cultural favorites. STAFF FINDINGS: 1. This application is in order, all application requirements have been met, all necessary documents have been received, and all fees have been paid. 2. Public notice has been given by the posting of a sign in a conspicuous place on the premises April 6, 2012, at least 10 days prior to the hearing. 3. There have been no protests filed with the Clerk and Recorder's Office. 4. The applicant has provided proof of server training and alcohol management plan. 5. Eagle County Sheriff's Office has been notified. DISCUSSION: Ms. Scriver presented the request. Colleen Gray, representative for the applicant spoke. She believed it was a good event because a number of students would be attending. They were not involved in selecting the food vendors. NRC would be overseeing the organizing of the event. Commissioner Fisher explained that it was the applicants responsibility to make sure that there was no other alcohol being served or coming in to the licensed area. She did not think that licensing the kids' area was appropriate. Ms. Gray stated that there would be security people and they would be checking IDs. Commissioner Fisher stated that she was happy to approve the permit with the understanding that everything met staffs satisfaction. Commissioner Fisher moved that the Local Liquor Licensing Authority approve the permit for the Literary Project event being held at the Eagle River Center in Edwards on May 6, 2012, *11:00 a.m. to 8:00 p.m. Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. 4 04/17/2012 *The hours approved in the motion are the hours requested on the application and may not be the actually hours of the event. APPLICANT: Harvey Wang, Inc. d/b /a Asian Spice Bistro REPRESENTATIVE: Suzan Wang, Owner LOCATION: 69 Edwards Access Road, Unit 6 — Edwards, CO 81632 REQUEST: Transfer of Ownership STAFF REPRESENTATIVE: Kathy Scriver CONCERNS / ISSUES: None DESCRIPTION: The applicant has requested the transfer of a Hotel and Restaurant Liquor License. Asian Spice, Inc. d/b /a Asian Spice Bistro currently holds this license. The applicant is currently operating under a temporary permit issued by the local licensing authority, January 10, 2012. LIQUOR AUTHORITY CONSIDERATIONS: 1. Whether the fees have been paid. 2. Whether the applicants are of good moral character 3. If applicant plans to make any physical change, alteration or modification of the licensed premises, whether the premises, and if changed, altered or modified, will meet all of the pertinent requirements of the Colorado Liquor or Beer Codes, including, but not limited to the following factors: a. the reasonable requirements of the neighborhood and the desires of the adult inhabitants; b. the possession, by the licensee, of the changed premises by ownership, lease, rental or other arrangement; c. compliance with the applicable zoning laws of the county; and d. compliance with the distance prohibition in regard to any public or parochial school. STAFF FINDINGS: 1. This application is in order, all applicable requirements have been met, all the proper forms have been provided, and all fees have been paid. 2. The state and local licensing authorities have previously licensed the premises where such alcohol beverages will be sold and such licenses were valid at the time the application for transfer of ownership was filed with the local licensing authority. 3. Based on the evidence provided in the CBI report the applicant is reported to be of good moral character. 4. The Affidavit of Transfer and Statement of Complianc '.has been received. 5. The applicant is over 21 and fingerprints are on file. 6. Public notice was given by the posting of a sign i n a eQn r L uous place on the premises, April 6, 2012, 10 g Y p g � p p p � p � , days prior to the hearing. 5 04/17/2012 7. Publication is not required for a transfer of ownership. 8. The applicant does not wish to make any physical changes, alterations, or modifications to the licensed premises, which would alter the licensed premises, or the usage of the licensed premises. STAFF CONCLUSION: The applicant has met all the necessary requirements for a transfer of ownership and all findings are positive. DISCUSSION: Ms. Scriver presented the application. She indicated that staff had no concerns with the request. Suzan Wang, the applicant spoke. She would be changing the trade name to Gobi in the future. They'd had a great response to the Mongolian grill. She hopes for steady business in the future. Chairman Runyon wished Ms. Wang the best. Commissioner Fisher asked that Ms. Wang remind her staff the responsibility they had with serving alcohol. Commissioner Fisher moved that the Local Liquor Licensing Authority, incorporating staff findings, approve the transfer of the Hotel and Restaurant liquor license from Asian Spice, Inc. d/b /a Asian Spice Bistro to Harvey Wang, Inc. d/b /a Asian Spice Bistro. Commissioner Runyon 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. Of the two voting Commissioners, the vote was declared unanimous. Work Sessions (recorded) Casey Family Programs Child Welfare Systems Assessment Sherri Almond, Health & Human Services Susan Kelly, Casey Family Programs I, There being no further business before the Board, the meeti : as adjourned f ' it April 24, 2012. ° I m 1441.4.N Al Attest: -t=elt C � /h. Clerk to the Boa d f r Chai lk oasix o 6 04/17/2012