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Minutes 08/12/14 PUBLIC HEARING August 12, 2014 Present: Jill Ryan Chairman Kathy Chandler-Henry Commissioner Keith Montag County Manager Ms. Ayres-Oliver Assistant County Attorney Kathy Scriver Deputy Clerk to the Board Absent: Sara Fisher Commissioner This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Ryan stated the first item before the Board was the Consent Agenda as follows: 1. Approval of Bill Paying for the Week of August 11, 2014 (Subject to Review by the Finance Director) John Lewis,Finance 2. Approval of Payroll for August 21,2014(Subject to Review by the Finance Director) John Lewis,Finance 3. First Amendment to Agreement between Eagle County and Citadel Security and Investigations,LL,C for On-Call Security Services Ron Siebert,Facilities Management 4. Emergency Mutual Aid and Assistance Agreement for Local Colorado Public Health Agencies Jennifer Ludwig,Public Health and Environment Commissioner Chandler-Henry moved to approve the Consent Agenda for August 12,2014, as presented. Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Citizen Input Chairman Ryan opened and closed citizen Input, as there was none. Commissioner Chandler-Henry moved to adjourn as the Eagle County Board of County Commissioners and re-convene as the Eagle County Local Liquor Licensing Authority. Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 1 08/12/2014 Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals 5 Let the French Begin,LLC d/b/a Gore Range Brewery #42-94084-0000 Renewal of a Brew Pub 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. 6. Mountain Dreams,LLC d/b/a Café Milano #47-01978-0000 Renewal of a 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 and proof of server training has been provided. Other 7. Ritz-Carlton Hotel LLC &Bachelor Gulch Operating Company d/b/a Ritz-Carlton Bachelor Gulch #41-17214-0000 Report of Changes/Modification—The applicant wishes to remove two interior areas from the licensed premise. See application and Exhibit A for full description of proposed changes. Commissioner Chandler-Henry moved that the Board approve the Liquor Consent Agenda for August 12, 2014, as presented. Commissioner Ryan seconded the motion. The vote was declared unanimous. Other Liquor Business 8. Special Event Permit- Eagle Valley Humane Society APPLICANT: Eagle Valley Humane Society REQUEST: Special Event Permit EVENT: Canine Crawl DATE: Sunday—September 7, 2014 REPRESENTATIVE: Char Quinn, Eagle Valley Humane Society LOCATION: Eagle-Vail Pavilion Lawn—538 Eagle Road,Avon STAFF REPRESENTATIVE: Kathy Scriver CONCERNS: None DESCRIPTION: The applicant has requested a permit for an event being held at the Eagle Vail Pavilion Lawn Area on September 7, 2014. The Property Owners Association is organizing the event. There will be a short trail for people to walk their dogs, different pet vendors, and live music. Food vendors include Eagle River Pizza and Moe's BBQ. This is a family event.Beer will be available to registered participants. STAFF FINDINGS: 2 08/12/2014 1. The 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 August 1, 2014, at least 10 days prior to the hearing. 3. The applicant has provided alcohol management plan and proof of server training is pending. 4. Eagle County Sheriff's Office and other Emergency Service Providers have been notified. DISCUSSION: Ms. Scriver presented the request. She indicated that staff had no concerns with the application. Char Quinn stated that the event would benefit the Eagle Valley Humane Society. The event allowed people to bring their dogs. There would be a lot of different vendors. Commissioner Chandler-Henry moved that the Local Liquor Licensing Authority approve the permit for the Eagle Valley Humane Society event being held at the Eagle-Vail Pavilion on Sunday—September 7, 2014 from 3:00 pm to 8:00 pm. Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. *The hours approved in the motion are the hours requested on the application and are not necessarily the hours of the event. 9. New Liquor License Application/Private Tavern License- Beaver Creek Food Services, Inc., DBA Bachelor Gulch Club APPLICANT: Beaver Creek Food Services,Inc. DBA: Bachelor Gulch Club-Lounge REPRESENTATIVE: Katherine Moriarty, General Manager LOCATION: 130 Daybreak Ridge Road REQUEST: Private Tavern Liquor License and Retail Warehouse Storage Permit STAFF REPRESENTATIVE: Kathy Scriver DESCRIPTION: The applicant,Beaver Creek Food Service,Inc. submitted an application for a PRIVATE Tavern Liquor License and a Warehouse Storage Permit on June 8,2014.The applications are contingent upon the approval of the request for modification by Ritz-Carlton Hotel Company,LLC&Bachelor Gulch Operation Company. The Club is private and requires a pass card. All food is catered. The area is used primarily during the summer and winter months. 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. MOTION: 3 08/12/2014 Commissioner Chandler Henry moved that the Local Liquor Licensing Authority establish the neighborhood to include the area within a two-mile radius from the proposed location. Commissioner Ryan seconded the motion. The vote was declared unanimous. NEEDS AND DESIRES OF THE NEIGHBORHOOD 1. 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. The Petition was circulated by Oedipus, Inc. (Attached) OTHER 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. 5. Whether issuance of such license would result in or add to an undue concentration of the same class of license. a. Section 12-47-301 (2) (b)of the Colorado Liquor Code reads as follows: "A local licensing authority or the state on stated owned property, may deny the issuance of any new tavern or retail liquor store license whenever such authority determines that the issuance of such license would result in or add to an undue concentration of the same class of license and, as a result, require the use of additional law enforcement resources." b. Tavern Liquor Licenses issued in unincorporated Eagle County; 1. The Bookwork, Riverwalk at Edwards 2. Cordillera Mountain Club,Beaver Creek 3. Eat!, Edwards Corner 4. El Jebowl,El Jebel 5. Old Forge Pizza Company, Riverwalk at Edwards 6. Rimini,Beaver Creek Plaza 7. The Rose,Riverwalk at Edwards 8. State Bridge,Bond 9. Wolcott Yacht Club,Wolcott 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 applicants are 21 years of age and reported to be of good moral character. 4 08/12/2014 3. Public notice has been given by the posting of a sign in a conspicuous place on the premises August 1, 2014 and publication in the Eagle Valley Enterprise on July 31 and August 7,2014. 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 applicant has provided an alcohol management plan per the requirements of the Eagle County Local Licensing Authority and proof of server training will be provided upon license approval. STAFF CONCLUSION: The applicant has met all the necessary requirements for a Private Tavern Liquor License. DISCUSSION: Ms. Scriver presented the request. Max Scott with Oedipus was present would explain the petition process and present the findings. Kate Moriarty with Beaver Creek Food Service stated that the establishment was a private social club for the homeowners in the area. It had been open since 2002 and was located in the Ritz Carlton Hotel. Mr. Scott presented the original reports to the board. Page 5 of the report showed the designated neighborhood. Page 2 of the report indicated that they did what they were asked to do under their agreement letter. There were 72 business favoring issuance of the license, and none against. There were 109 residences favoring issuance of the license and one against, expressing abhorrence of alcohol. Commissioner Chandler-Henry asked about the survey area and why they chose to survey residences on Deer Blvd. rather than the homes in Beaver Creek. Mr. Scott stated that there were lock out neighbors on the mountain where they were restricted from getting in. Commissioner Chandler-Henry asked Mr. Scott if he had any reason to believe the lock out neighborhoods would be in opposition to the license. Mr. Scott stated that they had done several petitions in the past and were able to access the areas. He did not have any reason to believe there would any problem. He stated that the county posted the premises and published a notice.He didn't believe they had never had a license opposed. Commissioner Chandler-Henry asked the applicant if they had heard any opposition from local neighbors. Ms.Moriarty stated that she had not heard any opposition. Ms. Scriver presented the findings and stated that the applicant had met all the necessary requirements for a private tavern liquor license. Commissioner Chandler-Henry moved that the Board find that there is a reasonable requirement and desire for the issuance of this license,therefore approve a Private Tavern Liquor License and Retail Warehouse Storage Permit for Beaver Creek Food Services,Inc.d/b/a Bachelor Gulch Club 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. Chairman Ryan seconded them motion. Of the two voting Commissioners,the vote was declared unanimous. 5 08/12/2014 Commissioner Chandler-Henry moved to adjourn as the Eagle County Liquor Licensing Authority and re- convene as the Board of County Commissioners. Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Eagle County Housing and Development Authority 10. Agreement for Procurement and Installation Services between Lake Creek Village LLC and R&A Enterprises of Carbondale,Inc.for Energy Efficient Exterior Lights Dan Murray and Jill Klosterman,Housing Mr. Murray explained that the lights would be replaced in the garages, entryways and doorways. The old yellow lights would be replaced with energy efficient lighting. The total replacement cost was $36,991.50. They applied for a$15,000 ECO Build Grant, dropping the total to $21,991.50. He estimated the break event point to be in 3.14 years. The new lights were estimated to last 10-15 years. Chairman Ryan complimented the Housing Department for leveraging all the funds and considering the safety aspect of the improvements. Commissioner Chandler-Henry expressed her thanks for taking on the project. Commissioner Chandler-Henry moved to approve the agreement for procurement and installation services between Lake Creek Village LLC and R&A Enterprises of Carbondale, Inc. for energy efficient exterior lights. Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Commissioner Chandler-Henry moved to adjourn as the Eagle County Housing and Development Authority and re-convene as the Board of County Commissioners. Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 2014 Pro Cycling Challenge Update Adam Lueck,Vail Valley Foundation Mr. Lueck stated that this was the fourth year hosting the local organizing committee for the valley stages. As the local organizing committee they represented the community in bringing the race to the valley. The tour changed the route every year so the event staging changed as well. There were 16 teams, eight riders per team. There was a mix of pro levels. Saturday,August 23 was stage 6. He spoke about the logistics for spectators. Activities would begin in Vail at 11:00 am. There would be various road closures at 11:30 with roads reopening at approximately 4:30. He suggested that people attending the event get an early start. Costumes were welcome. There would be bus shuttle services for spectators from the lower lots beginning at 10 am. Anyone interested in volunteering could visit the website; USAProChallenge.com. There would be two hours of live television coverage and the final stage would be aired on NBC. 6 08/12/2014 Work Sessions 11. Board of Health Jennifer Ludwig,Public Health and Environment 12. Eagle County Land Use Regulations Regarding Oil and Gas Bob Narracci,Planning Barbara Green, Sullivan, Green, Seavy LLC There being no further business bef• eq.- •:. •, e meeting was adjourned until Au: st 19, 2014. G All. Attest: • �' * / - Clerk to the Boa d ��ORAVQ C ,4man 7 08/12/2014