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HomeMy WebLinkAboutMinutes 06/27/17 PUBLIC HEARING June 27, 2017 Present: Jillian Ryan Chairman Kathy Chandler-Henry Commissioner Jeanne McQueeney Commissioner Bryan Treu Interim County Manager Beth Oliver Interim County Attorney Christina Hooper 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: Commissioner Updates Commissioner Chandler-Henry thanked the county staff who helped Habit for Humanity in building duplexes at Stratton Flats in Gypsum. She also gave a shout out to all the organizers of Eagle Flight Days. She reminded everyone to start getting their entries ready for the Eagle County Fair that would begin,July 19th Commissioner McQueeney thanked everyone involved in the Tree Farm file. She was inspired by the teamwork and the response from the community. She believed the Board was thoughtful and prepared for every meeting. Chairman Ryan added her thanks. She felt honored to work with an amazing group of professionals. There were over 300 letters received from the public. She thanked the communities of El Jebel and Basalt for their input. She gave an update on the Colorado Department of Transportation(CDOT)Wildlife Protection Summit. CDOT had started to prioritize wildlife protection and was working to reduce conflicts between motor vehicles and wildlife on the highways. A study was being conducted to determine the hot spots and assist in creating a priority list for underpasses and overpasses. The structures were expensive but marvelous. Consent Agenda 1. Agreement between Eagle County and Old Castle SW Group,Inc. for the 2017 Overlay Project Nicole Trujillo,Road&Bridge 2. Intergovernmental Agreement Northwest Colorado Regional Collaborative Shared Regional Eligibility Technician Kathleen Lyons,Human Services 3. Second Amendment to Agreement between Eagle County, Colorado and Regents of the University of Colorado for the WorkWell Collaborative Grant Project Katie Haas,Public Health and Environment 4. Eagle County Schools Community Engagement and Early Childhood Roadmap Project Aric Otzelberger,Administration 5. Dry Lake Management Plan-Restrictive Covenant Toby Sprunk, Open Space 6. Approval of Lease between Town of Gypsum and Rocky Mountain Sport Riders for use of the Dry Lake Open Space Toby Sprunk, Open Space 1 06/27/2017 7. Amendment#2 for IGA between CDOT and Eagle County for the El Jebel Road Roundabout Improvements Taylor Ryan, Engineering 8. Agreement for the 2017 Overlay Project between Eagle County, Colorado and Kilgore Companies,LLC d/b/a Elam Construction Nicole Trujillo,Road&Bridge 9. Agreement for the 2017 Crack Fill Project between Eagle County, Colorado and Mountain Maintenance and Asphalt Nicole Trujillo,Road&Bridge 10. Option letter for participation in State of Colorado Digital Trunked Radio System upgrades Barry Smith,Emergency Management 11. Memorandum of Understanding between Rural Consortium Workforce Development Board, Colorado Rural Workforce Board of Local Elected Officials, Colorado Department of Labor and Employment, Division of Employment and Training and the Board of County Commissioners for the County of Eagle, Colorado Kathleen Lyons,Human Services 12. Temporary Construction Easement with Trinity RED for Eagle to Horn Ranch Trail Kevin Sharkey,ECO Trails 13. IGA with Town of Eagle for the Eagle to Horn Ranch Trail Kevin Sharkey,ECO Trails 14. Preconstruction and Construction Services Agreement with Ewing Trucking&Construction for the Eagle to Horn Ranch Trail Project Kevin Sharkey,ECO Trails 15. Resolution Appointing Referees for the 2017 County Board of Equalization Crystal Sturt,Administration 16. AFP-6669 Highland Meadows Lot 19A Encroachment Agreement Nicole Mosby,Engineering 17. AFP-6669 Highland Meadows Lot 19B Encroachment Agreement Nicole Mosby, Engineering 18. Agreement between CDPHE and Eagle County Public Health&Environment-Contract for Retail Food Denise Matthews, Public Health Chairman Ryan stated that Item 15 would be pulled from the consent agenda and handled separately. Commissioner McQueeney asked Aric Otzelberger if he would highlight Item 4. Aric Otzelberger stated that the Board had appropriated funds for these efforts in the 2017 budget. Shelly Smith, Director of Early Childhood Education stated that the first meeting would be held on July 12th. Their mission was to have a comprehensive and robust early childhood system for the county. Chairman Ryan stated that the partnership was much appreciated. Toby Sprunk, Open Space Director, spoke about the lease between Town of Gypsum and Rocky Mountain Sport Riders(RMSR)for use of the Dry Lake Open Space. An approval would allow the RMSR to start track development on a portion of the property for motorized recreation; 115 acres would be placed under a conservation easement. All of the property was owned by Gypsum. 2 06/27/2017 Taylor Ryan with the Engineering Department spoke about the Amendment#2 for IGA between CDOT and Eagle County for the El Jebel Road Roundabout Improvements. The roundabout was near completion.The project would improve traffic along Hwy 82 and El Jebel Road. Approximately$400,000 was made available from CDOT to move the project forward. Chairman Ryan stated that the county invested around$1 million dollars into this project. Kevin Sharkey, ECO Trails,provided an update on the Eagle to Horn Ranch Trail.The trail was almost seven(7)miles,beginning in Eagle and ending at Horn Ranch eventually. The trail hit the Governor's top list and was the top scoring GOCO Grant recipient. Barry Smith,Emergency Management Director, stated that the option allowed the State to pay for the first round of software grades. This was first of five(5)option letters. There were over 1,000 subscribers in Eagle County. The statewide system allowed for communication across the state. Kathy Lyons,Human Services, spoke about the Memorandum of Understanding between Rural Consortium Workforce Development Board, Colorado Rural Workforce Board of Local Elected Officials, Colorado Department of Labor and Employment and Division of Employment and Training was regarding the Workforce Innovation Opportunity Act which was signed into law in 2014.This required the memorandum be signed by all parties that were considered required partners. The Colorado Works program served families with children ages 0 — 18. Ray Merry,Environmental Health, spoke about the Agreement between CDPHE and Eagle County Public Health&Environment for Retail Food Public Health. His office conducted nearly 1,000 inspections annually.This contract identified the scope of work for conducting the food protection program. Chairman Ryan moved to approve the Consent Agenda for June 27, 2017, excluding item 15, as presented. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Commissioner McQueeney moved to adjourn as the Board of County Commissioners and reconvene as the Board of Equalization. Commissioner Chandler-Henry seconded. The vote was declared unanimous. Board of Equalization Resolution 2017-032 Appointing Referees for the 2017 County Board of Equalization Crystal Sturt,Administration Bryan Treu stated that the resolution appointed hearing officers who would be responsible for reviewing taxpayer petitions for refund or abatement of property taxes. Commissioner Chandler-Henry moved to approve the resolution appointing referees for the 2017 County Board of Equalization. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Commissioner Chandler-Henry moved to adorn as the Board of Equalization and reconvene as the Board of County Commissioners. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Constituent Input Chairman Ryan opened constituent input. Joanne Rock spoke about a book An American Sickness by Elisabeth Rosenthal. She would be completing a review and highlighting some suggestions in the near future. She would like to be included in the July 12`h meeting about childcare and low income solutions. Chairman Ryan closed constituent input. 3 06/27/2017 Business Items 1. Resolution 2017-033 of Approval and PUD Guide for Frost and Salt Creek PUD Amendment,PDA-5941 Kris Valdez, Planning Chairman Ryan recused herself because her husband was the engineer on the file, and she would not be voting. Ms.Valdez presented the details of the PUD amendment. Eagle County staff had worked with the applicant to create conditions that were satisfactory to all parties. The public hearing was held in January. Commissioner McQueeney moved to approve the resolution of approval and PUD Guide for Frost and Salt Creek PUD Amendment,PDA-5941. Commissioner Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Commissioner McQueeney moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Liquor License Authority. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Liquor License Authority 1. New Liquor License Application Outlaw Ranch, LLC d/b/a Vail Stables APPLICANT: Outlaw Ranch, LLC DBA: Vail Stables REPRESENTATIVE: Kym S. Luck, Owner LOCATION: Sec. 5,T. 5 S,R. 80 W, 6th Principal Meridian,Vail REQUEST: Optional Premise Liquor License STAFF REPRESENTATIVE: Kathy Scriver DESCRIPTION: The applicant submitted an application for a new Optional Premise Liquor License on May 16, 2017 which permits the sale of beer, wine, and spirits at a recreational facility for on premise consumption. This type of license does not require food service but does require that light snacks be available during hours of service. Ms. Luck has operated Vail Stables for 16 years. The Stables offered goat yoga, equine therapy classes, horseback riding, pony rides and more. Beverages and snacks would be sold from a building above the corrals called the "Broken Spur Saloon". The proposed hours of service were 12:00 PM— 10:00 PM daily. ESTABLISH NEIGHBORHOOD: The first order of business was to establish the neighborhood. Staff recommended the following neighborhood: The neighborhood shall consist of a two (2) mile radius surrounding the proposed location for the licensed premises. FIRST MOTION-Establishing the Neighborhood: Commissioner Chandler-Henry moved that the Local Liquor Licensing Authority establish the neighborhood to include the area within a two (2) mile radius surrounding the proposed location for the licensed premises. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 4 06/27/2017 NEEDS AND DESIRES OF THE NEIGHBORHOOD: 1. Per Section 12-47-301 (2)(a) of the Colorado Liquor Code - The Local Licensing Authority shall 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. 2. A petition was circulated by the applicant. • 27 Signatures Favoring Issuance • 0 Signatures Opposing Issuance 3. Staff did receive a call from the Property Manager of Spraddle Creek Estates indicating that there were homeowners in opposition,but as of June 19, 2017,no letters or emails had been received. OTHER LOCAL LICENSING 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 have been paid. 2. The applicant is 21 years of age and reported to be of good moral character based on his Colorado Bureau of Investigation background report. 3. Public notice has been given by the posting of a sign in a conspicuous place on the premises June 14, 2017 and publication in the Eagle Valley Enterprise on June 15 and June 22, 2017. 4. The premises are not within 500 feet of a location for which, within two 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 issuance of the license. STAFF CONCLUSION: 5 06/27/2017 The applicant has met all the necessary requirements for an Optional Premise Liquor License. Kathy Scriver presented the application.The applicant Kym Luck submitted an additional 35 signatures and two(2)letters of support. Staff received some letters of opposition from the Spraddle Creek Estates residents. The property manager petitioned the area as it was a gated community. Commissioner McQueeney asked the applicant to explain her plans. Ms. Luck stated that she'd been operating for 15 years. The Forest Service gave her a resort permit that allowed multiple uses of the property. This year she added a few additional activities such as goat yoga, escape games and slumber parties with horses. Ms. Scriver stated that the applicant had detailed the activities in the alcohol management plan due to some of the concerns. Commissioner Chandler-Henry asked about the hours of operation ending at 10 PM. Ms. Luck stated that 10 PM was a buffer in case there were corporate team building events. She anticipated these types of events to be a rare occasion. Most days' staff was gone by 5 PM. They were proposing to license a small area. There was a small structure with a window that staff would be serving from. They had four staff servers that were TIPS certified. There would be ropes,hitching rails, fencing, and signage to designate the licensed area. Commissioner Chandler-Henry asked if the license was for beer and wine. Ms. Scriver indicated that the license allowed for beer,wine and spirits but the applicant was only proposing beer and wine service as there was no electricity the structure at this time to prepare mixed drinks. Ms. Luck stated that she was no stranger to risk,responsibility and regulations. She had no insurance claims in 15 years. Commissioner Chandler-Henry asked about the permit for the operation and whether someone could currently bring their lunch and a beer and drink it on the property. Ms. Luck stated that this was the case,and this was a way to regulate those activities. Christina Hooper stated that one of the considerations was whether the needs of the neighborhood were being met by existing outlets. Ms. Luck believed that nearest destination would be about a mile. Chairman Ryan opened public comment. Bill Esrey,resident of Spraddle Creek Estates, spoke. He was the president of the HOA. Spraddle Creek was 13 dwelling units and immediately adjacent to the Vail Stables. The homeowners were opposed to the request. The idea of introducing alcohol with horses was not a good idea. The Stables website indicated that they were encouraging sleepovers, crazy bachelorette parties,which may lead to crazy bachelor parties. As a quiet residential community,these type of activities were not in the community's best interest and inappropriate. George Gillett spoke. He'd lived in Vail for 33 years and had known the applicant for a number of years. They'd had meetings, some good and some hostile. There had not been a resident of their small community that hadn't had an incident with Ms.Luck or her employees. He and his wife had been driven off the road by regular folk riding horses. There seemed to be a tension that they hadn't been able to talk out. He believed the process should give special preference to the folks that live within the radius. He looked forward to reviewing the alcohol management plan. He had issues with erosion. He believed it would be more comforting to know that this was a beer and wine license. He and his wife were concerned with riders not wearing helmets. Chairman Ryan asked Mr. Gillett to keep his comments to what the Board could consider. Mr. Gillett stated that he thought the Board would be deeply concerned with safety. New New Walace spoke. She totally respected the last two speakers. The ranch was simply trying to enhance the outdoor experience. The last thing they want to do was get wild and crazy. The trail was hot and dusty and people wanted to sit down after the ride and have a cold drink. She offered her cell number if anyone had trouble, day or night. They were horse people with safety first and fun a close second. They provided an amazing service and Ms. Luck was a great horse and business woman. She supported the request. Chairman Ryan closed public comment. 6 06/27/2017 Ms. Luck believed the"crazy bachelorette parties"listed on the website were being misunderstood, so she removed it from the website. She stated that she had only met Mr. Gillett once. Chairman Ryan asked the county attorney what could be done if there were any complaints related to alcohol. Ms.Hooper stated that violations of the liquor code were handled by the Eagle County Sheriff or State Liquor Enforcement. In terms of the county resolution, if there was a complaint that a license holder was not complying with the plan as approved, further investigation by the county could be warranted. If it became clear that there was a violation of the license as approved,the Board had the authority to call a license holder in to answer any questions. Commissioner McQueeney asked once a premise was licensed, if guests could bring their own alcohol. Ms. Scriver stated that as a licensed premise guests could not bring their own alcohol. Commissioner McQueeney stated that she believed that safety was important and erosion was important but the venue for that conversation was with the Forest Service. Commissioner Chandler-Henry wondered if there was a way to limit the license to beer and wine. Ms. Hooper did not believe there was an option to do that. Ms. Scriver stated that the alcohol management plan indicated that they wished to serve beer in cans no larger than 16 oz. and wine served in cups.Any changes to the plan would require the licensee to update its plan. Mr.Treu clarified that a beverage such as Mike's Hard Lemonade would be permitted under the current plan. Commissioner Chandler-Henry echoed Commissioner McQueeney's comments about safety and erosion; they were certainly concerns but not connected to the application. The county does what it can to support local small business. The license seemed like a good addition to the business, and she was ready to vote in favor. Commissioner McQueeney felt that the applicant met the requirements of the liquor license. The neighbors seemed to be concerned with the potential for issues. With the history of the business owner, she did not see that as being as very likely. Chairman Ryan stated that this was the type of facility was eligible for this type of license and all findings by staff were positive. She appreciated Mr. Esrey and Mr. Gillette expressing their concerns. She encouraged ongoing communication with one another, and suggested if there were any concern that they contact the county. Commissioner Chandler-Henry stated that the alcohol management plan was on the website for public view. Commissioner McQueeney moved that the Local Liquor Licensing Authority find that there is a reasonable requirement and desire for the issuance of this license and therefore approve the Optional Premise Liquor License for Outlaw Ranch,LLC d/b/a Vail Stables based on the testimony,petitions, and incorporating staff's findings. Commissioner Chandler-Henry seconded the motion. Commissioner McQueeney moved to adjourn as the Eagle County Liquor Licensing Authority and re- convene as the Eagle County Housing and Development Authority. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Eagle County Housing and Development Authority 1. Resolution 2017-034 Approving Documents Associated with the Lake Creek Village Apartments Residing Project and Authorizing Signature thereof by the Eagle County Housing and Development Corporation as Manager of Lake Creek Village LLC Jill Klosterman,Housing Ms.Klosterman stated the building siding at Lake C;eek Village was over 20 years old and needed replacement. RA Nelson would be putting on new siding ancVw.i tlowsrpatio doors and spray foam insulation. It was about a$7.5 million dollar project,and all the funds would **nil on l Wells Fargo loan insured by HUD. The load would be repaid through revenue from the Lake Creek Vile.•„ a.4$ f 7 06/27/2017 Commissioner Chandler-Henry moved to approve the resolution approving documents associated with the Lake Creek Village Apartments Residing Project and authorizing signature thereof by the Eagle county Housing and Development Corporation as Manager of Lake Creek Village LLC Commissioner McQueeney seconded the motion. The vote was declared unanimous. Commissioner McQueeney moved to adjourn as the Eagle County Housing Authority and re-convene as the Eagle County Board of County Commissioners. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Resolution 2017-035 Concerning Hearings on Taxpayer Generated Petitions for Abatement and refund of Taxes Claire Wilson,Administration Mark Chapin, Eagle County Assessor, stated that a property owner in a living trust owned a property in which he purchased a property out of foreclosure and believed the value should not exceed his purchase price. His office considered the sales that were available and the original value was adjusted down to $1,390,000 from $1,466,800 generating an abatement of$382.72 for tax year 2014. Commissioner Chandler-Henry moved to approve the resolution concerning hearings on taxpayer generated petitions for abatement and refund of taxes. Commissioner McQueeney seconded the motion.The vote was declared unanimous. Planning File Chairman Ryan was not present 1. PDA-6408 Roundup River Ranch PUD Amendment Kris Valdez,Planning Ms.Valdez stated that on Monday,June 26th Eagle County received a complaint from a neighbor of Roundup River Ranch that on Friday,June 23, 2017,there was allegedly a sewer-like odor coming from the camp. The applicant was notified by staff and requested additional time to investigate the odor and asked for a continuance of the hearing set for June 27th at 5:30 PM. The applicant formally requested the hearing on this matter be tabled to August 8, 2017 at 5:30 PM. Commissioner McQueeney stated that the applicant was requesting an amendment to their PUD and one of the standards was that the request did not adversely impact the neighbors. She believed it was important that the problem get resolved. Commissioner McQueeney moved to table Eagle County File No.PDA 6408,based on the request of the applicant,to the date at time certain of August 8,2017 at 5:30 P.M. Commissioner Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. There being no further business b- -wig},! :oard,the meeting was adjourned until Ju 2017. 0e Attest: 19---14-&,--11-44 (.X7 t'L 4 j• •* _/ Cl- k to the Board • oR�. C,r4r an 8 06/27/2017