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HomeMy WebLinkAboutMinutes 07/23/13 PUBLIC HEARING July 23, 2013 Present: Sara Fisher Chairman Jill Ryan Commissioner Kathy Chandler-Henry Commissioner Keith Montag County Manager Christina Hooper Assistant County Attorney Kathy Scriver Deputy Clerk to the Board This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: 1. Joint Meeting with Summit County Commissioners 208 E. Lincoln Ave., Third Floor Breckenridge, Colorado Consent Agenda Chairman Fisher stated the first item before the Board was the Consent Agenda as follows: 2. Approval of Bill Paying for the Week of July 22, 2013 (Subject to Review by the Finance Director) John Lewis,Finance 3. Approval of the Minutes of the Eagle County Commissioner Meetings for May 20,May 21 and May 28, 2013 Teak Simonton, Clerk and Recorder 4. Second Amendment to Agreement between Eagle County and Heinrich Marketing, Inc. for Estoy Sano! Program Marketing Katie Haas,Health&Human Services 5. Colorado Department of Transportation Division of Transit and Rail FTA Section 5311 Grant Agreement with Eagle County for the Purchase of Two Buses Kelley Collier, ECO Transit 6. Agreement between Eagle County and LSC Transportation Consultants,Inc. for a Transit Hub Park and Ride Study and Needs Assessment Kelley Collier, ECO Transit 7. Resolution 2013-064 Final Release of Collateral and Termination of Warranty Period and Subdivision Improvements Agreement for Eagle Valley Religious Foundation Ben Gerdes,Engineering 8. Resolution 2013-065 Appointing Referees for the 2013 County Board of Equalization Christina Hooper, Attorney's Office Kelley Collier spoke about item 5,the 5311 grant agreement with CDOT. It was a capital grant for the purchase of some vehicles. They were awarded$663,200 for the upcoming coming year. Item 6 was agreement with a firm in conjunction with a design workshop study. 1 07/23/2013 Katie Haas spoke about the Estoy Sano Program. The goal of the program was to improve access to healthy foods for the Spanish speaking Latino population in Eagle County and increase awareness of healthy foods. The program aired on ECO TV-18. Commissioner Chandler-Henry asked if the revision to the contract within the original grant funding. Ms.Haas stated that they received additional grant funding. Ms.Hooper provided a brief on item 8. This year there had been about 1,000 appeals to the Board of Equalization. Colorado law allows the Board of County Commissioners to appoint appraisers to hear each of the appeals on the board's behalf and make recommendations. The referees for 2013 session were Mark Young and Angelo Loria. All the recommendations were scheduled to come before the board on August 2, 3013. Commissioner Chandler-Henry moved to approve the Consent Agenda for July 23, 2013, as presented. Commissioner Ryan seconded the motion. The vote was declared unanimous. Citizen Input Chairman Fisher opened and closed citizen Input, as there was none. 9. SD- 4378: Board of County Commissioners to Set Hearing Date for Timber Springs Metropolitan District Service Plan Scot Hunn,Planning Mr. Hunn was present. The proposed date was August 6, 2013. Chairman Fisher stated that she would not be present for that hearing and to notify the applicant that there would be two commissioners. Commissioner Chandler-Henry moved that the Board of County Commissioners set the hearing date for file no. SD-4378 Timber Springs Metropolitan District Service Plan,the hearing to be conducted August 6, 2013. Commissioner Ryan seconded the motion. The vote was declared unanimous. Commissioner Ryan moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Local Liquor Licensing Authority. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Other Liquor Business 10. APPLICANT: Wind Rose Properties,LLC TRADE NAME: The Summit REPRESENTATIVE: Dan White,Registered Manager LOCATION: 190 Gore Trail—Edwards (Cordillera) REQUEST: Transfer of Ownership STAFF REPRESENTATIVE: Kathy Scriver CONCERNS/ISSUES: None DESCRIPTION: 2 07/23/2013 The applicant has requested the Transfer of a Hotel and Restaurant Liquor License with 4 Optional Premises (golf course). Cordillera Golf Club, LLC d/b/a The Summit currently holds the license.The applicant is currently operating under a temporary permit issued by the local licensing authority,April 16,2013. 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 Compliance 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 in a conspicuous place on the premises,July 12, 2013, 10 days prior to the hearing. 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. 3 07/23/2013 DISCUSSION: Ms. Scriver presented each of the files. Dan White,Controller for Wind Rose Properties, LLC was present. He spoke about the addition of the Trail Head facility to the Timber Hearth Grill license. The facility was an asset that the new ownership gave to the Cordillera Home Owners Association. They would most likely provide mainly wine and beer. They hoped to keep the family oriented atmosphere. Commissioner Ryan moved that the Local Liquor Licensing Authority, incorporating staff findings, approve the transfer of the Hotel and Restaurant liquor license with 4 Optional Premises from Cordillera Golf Club, LLC to Wind Rose Properties, LLC d/b/a The Summit. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 11. APPLICANT: Wind Rose Properties, LLC TRADE NAME: The Chaparral REPRESENTATIVE: Dan Fitchett Jr.,Registered Manager LOCATION: 0101 Legends Drive—Edwards(Cordillera) REQUEST: Transfer of Ownership—Trade Name Change STAFF REPRESENTATIVE: Kathy Scriver CONCERNS/ISSUES: None DESCRIPTION: The applicant has requested the Transfer of a Hotel and Restaurant Liquor License with 4 Optional Premises (golf course). Cordillera Golf Club, LLC d/b/a 9 Iron Grill currently holds the license. The applicant is currently operating under a temporary permit issued by the local licensing authority,April 16, 2013. As stated by Mr. Fitchett at the prior hearing,the applicant looked forward to getting the company re-established and moving forward on a constructive basis. 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:. 4 07/23/2013 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 Compliance 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 in a conspicuous place on the premises,July 12, 2013, 10 days prior to the hearing. 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. Commissioner Chandler-Henry moved that the Local Liquor Licensing Authority, incorporating staff findings,approve the transfer of the Hotel and Restaurant liquor license with 4 Optional Premises from Cordillera Golf Club, LLC d/b/a 9 Iron Grill to Wind Rose Properties,LLC d/b/a The Chaparral. Commissioner Ryan seconded the motion. The vote was declared unanimous. 12. APPLICANT: Wind Rose Properties, LLC TRADE NAME: Timber Hearth Grill REPRESENTATIVE: Patrick Wilhem, Registered Manager LOCATION: 655 Clubhouse Drive—Edwards(Cordillera) REQUEST: Transfer of Ownership—Modification to add an Optional Premises STAFF REPRESENTATIVE: Kathy Scriver CONCERNS/ISSUES: None DESCRIPTION: The applicant has requested the Transfer of a Hotel and Restaurant Liquor License with 4 Optional Premises (golf course). Cordillera Golf Club,LLC d/b/a Timber Hearth Grill currently holds the license. The applicant is also requesting the addition of an optional premises called the Trail Head. The Trail Head area consists of a building and pool area. The area is fenced. The area will be serviced by a food cart/mobile unit. The applicant is currently operating under a temporary permit issued by the local licensing authority,April 16,2013. LIQUOR AUTHORITY CONSIDERATIONS: 5 07/23/2013 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 Compliance 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 in a conspicuous place on the premises,July 12, 2013, 10 days prior to the hearing. 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. Commissioner Ryan moved that the Local Liquor Licensing Authority, incorporating staff findings, approve the transfer of the Hotel and Restaurant liquor license with 4 Optional Premises from Cordillera Golf Club, LLC to Wind Rose Properties, LLC d/b/a Timber Hearth Grill and approve the addition of an optional premises known as the Trail Head. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 6 07/23/2013 Commissioner Ryan moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Work Sessions (recorded) 13. CDOT Traffic and Revenue Study Update Ralph Trapani and Joseph Karcum,Parsons Corporation Eva Wilson,Engineering 14. CenturyLink Presentation on New PRISM Service Abel Chavez and Al Davis, CenturyLink Manager Update Keith Montag, County Manager Communications Update Discussion Items Information Sharing Meetings Attended/Future Meetings Boulder Recycling Facility Tour Update,Ken Whitehead 15. Planning Commission Interview Process, Bob Narracci There being no further business before l `,- meeting was adjourned until July 30,2013. , , It IrP) Attest: , ` � J * rLu41 it j,la A CI- lerk to the Boar, Chairman 7 07/23/2013