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HomeMy WebLinkAboutMinutes 09/10/96 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKE~S 387869 PUBLIC HEARING SEPTEMBER la, 1996 Present: George "Bud" Gates Johnnette Phillips James Johnson, Jr. James Hartmann Sara J. Fisher Chairman Commissioner Commissioner County Administrator 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 Phillips moved to adjourn as Commissioner and reconvene as the Local Liquor Commissioner Johnson seconded the motion. unanimous. the Board of County Licensing Authority. The vote was declared Saddleridge at Beaver Creek Earlene Roach, Liquor Inspector, presented a modification of premises for Beaver Creek Food Services, Inc., dba/Saddleridge at Beaver Creek. She stated the applicant is proposing to add a service bar to their current projection room. The application is in compliance and all fees have been paid. Staff recommended approval. Tamara Underwood, appearing for the applicant introduced the manager of Saddleridge, Barrie Holt. Commissioner Phillips moved to approve the modification of premise for Beaver Creek Food Services, Inc., dba/Saddleridge at Beaver Creek. Commissioner Johnson seconded the motion. The vote was declared unanimous. Broken Arrow Cafe Earlene Roach presented a modification of premises for Beaver Creek Food Services, Inc., dba/Broken Arrow Cafe. The applicant is proposing to add a swimming pool to their current licensed boundary. There is no change in the boundary lines. The application is in conformance with all rules and regulations governing modifications. All fees have been paid. Staff recommended approval. Tamara Underwood introduced Tom Poznanski manager of Broken Arrow Cafe. She explained the change in the premise. She also introduced Beth Sloan, Director of Beaver Creek Food Services. Mr. Poznanski, explained the pool will come down for the winter season and be restructured for next summer. Commissioner Johnson moved to approve the modification of premises for Beaver Creek Food Services, Inc., dba/Broken Arrow Cafe. Commissioner Phillips seconded the motion. The vote was declared unanimous. Hyatt Regency, Beaver Creek Earlene Roach presented a managers registration for Robert Dallain, 1 Rosestar southwest, LLC, dba/Hyatt Regency Beaver Creek. She stated there have been no complaints or disturbances during the past year and Mr. Dallain is reported to be of good moral character. The application is in conformance with all rules and regulations governing mangers registrations. All fees have been paid. Staff recommended approval. Commissioner Johnson asked Mr. Dallain about his food and beverage history. He asked about TIPS training. Scott Allen, Food and Beverage director at the Hyatt, stated they do TIPS training twice annually. Commissioner Phillips moved to approve the managers registration for Robert Dallain, Rosestar Southwest, LLC, dba/Hyatt Regency Beaver Creek. Commissioner Johnson seconded the motion. The vote was declared unanimous. Edwards Liquor Mart, Inc. Earlene Roach presented an application for new Retail Liquor Store License for Edwards Liquor Mart, Inc. She stated the first order of business is a Motion to Strike Hearing Date, submitted by Dill, Dill, Carr, Stonbraker and Hutchings. She stated they are requesting the Board reschedule the hearing for this application. Bob Loeffler, Ass't. County Attorney has reviewed this motion and will advise the Board. Bob Loeffler, County Attorney, stated the County does not have a procedure for motions to strike and accordingly the technical answer is there is nothing to do with response to it. Mr. Loeffler stated if the application goes forward, if this person is eligible to state an objection, they may do so. There is however, no procedural formula currently. John Stonbraker, appearing on behalf of Larry Eskwith, stated he believes it is within the Board's realm to determine whether the application was complete or not. Wendell Porterfield, appearing on behalf of the applicant, stated the motion is on behalf of Larry Eskwith, an opposed applicant. He stated there is a signed lease with the Edwards Pharmacy. He stated Mr. Eskwith does not have the right to appear in front of this authority as he is outside the neighborhood. Mr. Loeffler stated the correct course of action is to proceed with this application. Chairman Gates stated the motion to strike will not be taken into consideration. Mr. Loeffler stated if Mr. Eskwith is found to have the right to voice an objection he can then enter the motion as evidence. Commissioner Johnson asked what the bottom line is. Ms. Roach explained the filing of the two different applications and explained the change from one Riverwalk location to another. Commissioner Johnson clarified the reason they are hearing this argument is because they have two competing applications. Mr. Loeffler explained that Mr. Eskwith is taking the position that changing the location is the start of a new application. Commissioner Phillips questioned the thirty days. Ms. Roach stated there is a thirty day waiting period. Chairman Gates asked for an explanation regarding the change of location. Terry Benedict, applicant, stated Inspector, they were working with Bill Ms. Roach informed her the change must in discussion with the County Williams to move from CI05 to be made before any posting or Liquor CI08. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 advertising takes place. She clarified that no notice or advertising takes place until ten days before the hearing. Commissioner Phillips questioned if there are two establishments at this time. Earlene Roach stated the neighborhood she suggested the applicant use was starting from the establishment and extending out in a two mile radius. The petitions were before the Board. Commissioner Phillips moved to establish the neighborhood as, starting from the proposed establishment and proceeding in a two mile radius. Commissioner Johnson seconded the motion. The vote was declared unanimous. Mr. Loeffler asked the applicant about the site plan and the area marked in yellow. CIA is the area next to the grocery store. Originally, the applicant was going to go into CI05 which is next door to the chosen spot. Chairman Gates asked about the signatures on the petitions. Ms. Benedickt stated she circulated the petitions personally primarily in front of the post office and then in the surrounding neighborhoods. She stated she explained the petition to the individuals who signed. Mr. Loeffler stated parties of interest are allowed to ask questions and they need to establish whether the are a party of interest. Mr. Stonbraker stated Mr. Eskwith does have an interest as he is an applicant for a license in the same area. Mr. Porterfield stated Mr. Eskwith is not a owner of a business in the area at this time. He is not a resident. Mr. Jay Peterson is being represented by Mr. Stonbraker as well. Mr. Peterson is not present today and they have no proof that he is indeed a resident or an interested individual. Mr. Loeffler explained the requirements. He stated there is nothing that requires Mr. Peterson to be here today. Mr. Stonbraker asked when the petitions were circulated. Ms. Benedickt responded in late July and early August. Mr. Stonbraker asked what was the latest date. Commissioner Johnson stated the latest date he sees is August 17. Mr. Stonbraker asked what the date of location change was. Ms. Benedickt stated August 22nd was when they the agreement was signed and August 23rd was when the County was notified. Mr. Stonbraker stated the petition signers then signed a petition for the previous establishment. Ms. Benedict stated they referred to putting an establishment in the Riverwalk area only. She stated she did not specifically state an address or unit number. Chairman Gates asked if the Board sees that as a significant change. Mr. Loeffler stated Mr. Stonbraker's point is that perhaps the petition does not establish a need for a liquor establishment in CIA because at the time they were thinking of being next door. Commissioner Johnson stated the statute asks if there is a need within the neighborhood, not within a particular location. Commissioner Johnson stated the concern he has is that there have been petitions circulated based on the present liquor establishments within the same neighborhood. His concern is whether there is a need for two liquor stores within the same neighborhood. Ms. Roach reminded Commissioner Johnson they are only considering one at this time. Commissioner Phillips stated as they are hearing this particular one at 3 this time, she does not believe the change from one unit to another was in error. Commissioner Johnson stated he has no problem with the moving of the establishment. He stated there is a larger issue before them, is there a need for two additional liquor stores within this neighborhood. Mr. Stonbraker stated they object to the petitions and their introduction into this hearing. Based on the dates and the location referenced they do not feel the petitions were complete. Mr. Loeffler asked if the cover sheet and the petitions are received by the Board. Commissioner Phillips asked how many people read the cover sheet. Ms. Benedict stated when they learned it was proposed for Riverwalk, they wanted it there. She related no one read the cover sheet. Commissioner Johnson referred to a second sheet that explained some of the applicant's reasons for proposing the store. He asked if there is a need for a third liquor store. Mr. Loeffler asked the cover sheet become part of the petition package. Commissioner Phillips asked if the petition stated a specific unit. Chairman Gates asked the cover sheet and petitions be entered into the record. He opened the hearing up for public comment. Glen Knot, with Riverwalk, showed a rendering of the Riverwalk project. Mr. Knot stated as part of the lease, they agreed to the transfer from one spot to another. He explained the entrance into Riverwalk. He showed the proposed site and explained they are now paved throughout the access area. Commissioner Phillips asked about the drug store moving. Mr. Knot stated the space is not vacant yet. The Benedicts will be assuming the lease from the drug store, with their approval. He feels his access is much smoother for traffic flow. One of the reasons for change is that nobody was aware the drug store might be available, it obviously was a much more attractive site. As a representative of Riverwalk, they would like to see approval. Mr. Porterfield asked some questions regarding the PUD and the use by right. Mr. Knot explained where the initial northeast corner of the Crystal Building. rentable unit for another entity. Larry Brooks, an emergency room physician in the valley, stated the location for this proposed liquor store is ideal. He stated he applied for a license but did not complete it. He stated there is a need in the Edwards area for another liquor store. He stated there is a need for competition in the liquor store business. He pointed out to the Board the next license being applied for is by the husband of a current license owner. Dr. Brooks spoke to Mr. and Mrs. Benedict being the right kind of people to operate a liquor store. Mr. Stonbraker asked if Dr. Brooks is a party of interest under the statute. Dr. Brooks stated he was a property owner in Singletree until August 23rd. Mr. Stonbraker asked the testimony be stricken as Mr. Books is no longer a party of interest. Mr. Loeffler stated the Board could receive the testimony and weigh it accordingly. Ellie Wyatt, of the Benedicts. She consider's Ms. location was as being in the That space became a better resident in Singletree, stated she is She sees this as being a location of Benedict to be a personal friend and testifying on behalf personal convenience. of the highest 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKELS 387869 character. Kurt Acre, resident of Edwards stated this is a new liquor store, not another liquor store. He asks the Board review each application on its merits and questions if a third or forth liquor store necessary. Mr. Acre stated he is concerned about a lawyer here today representing another lawyer. He asked the application be reviewed on its on merit. He stated he has known Mr. Benedict for thirty years and he would like to welcome them. Jeannie Huff, Edwards resident, stated she was not excited about the liquor store going into the drug store location. She doesn't want to see a liquor store in this family area with the movie theater being there. She does not like the location in the heart of Riverwalk. Chairman Gates closed public comment. Terry Benedickt entered exhibits into the record. She explained the exhibits to the Board, an assignment of the lease as well as photographs of the entrance. She reviewed the information submitted and discussed the growth within the area. She further explained the layout of the store, security measures, and training. They are planning a November opening. She referred to the posting of the location and public notice. Ms. Benedickt stated the poster went into the store on Friday, August 30th. Publication was made in the Eagle Valley Enterprise on August 29 and September 5. Mr. Porterfield asked about Ms. Benedickt's business background. Ms. Benedickt explained their background and business experience in Eagle County. She stated with their business backgrounds she believes they are quite capable of running the store. Chairman Gates asked if there were objections. Mr. Stonbraker asked to look at the lease assignment. Hearing no objections, the items were entered into the record. Commissioner Johnson moved to establish the need within the neighborhood for an additional liquor store, based on testimony and the submitted petitions. Commissioner Phillips seconded the motion. The vote was declared unanimous. Ms. Roach stated staff is recommending approval. Commissioner Phillips moved to approve the application for a Retail Liquor Store license by Edwards Liquor Mart, Inc. to be located at the Riverwalk development. Commissioner Johnson seconded the motion. The vote was declared unanimous. Edwards Liquors Earlene Roach presented a Retail Liquor Store application for Larry Eskwith, dba/Edwards Liquors. She stated this application is in order and all fees have been paid. The applicant is reported to be of good moral character. The first order of business is to establish the neighborhood. Staff recommended the applicant use the proposed premises and proceed in a two mile radius. She stated the location is across from the Texaco next to the 1-70 interchange. Mr. Stonbraker called Doug Petito, Singletree resident. Mr. Stonbraker asked about his patronage and his familiarity with the proposed location. Mr. Petito stated he has lived in Singletree for 13 years and would like to have a location closer to those in Singletree. He feels there is too much traffic around the Edwards intersection. 5 Mr. Stonbraker asked about the need and the desires for an additional liquor store. Mr. petitio stated the intersection will only get worse. Ms. Jean Huff stated she feels there is a need for the proposed liquor store. She feels the north side of the highway is booming and she feels there is a need for those residents. Mr. Porterfield asked about Ms. Huff's previous testimony. Ms. Huff stated she is not opposed to the Benedicts but she is opposed to the new location. Mr. Porterfield asked about the Northstar Center and if Ms. Huff was a fried on the Eskwiths. Ms. Huff responded yes. Mr. Porterfield asked if she knows they have an interest in another Edwards Liquor store. Ross Jansen, a Homestead resident since 1989, stated he sees a need for a liquor store in that location. Max Scott, Oedipus, Inc., presented his report to the Board. He stated the petitions were previously submitted. Mr. Stonbraker asked Mr. Scott for his credentials. Mr. Scott explained their process for distributing the petition and securing signatures. He explained the stat sheets they submit as well and the briefing sheets. The map showed only this license application. Mr. Scott stated he ran this particular crew. He stated they went to the existing site location and the location of the previously heard application. Then they went door to door and took responses. He further explained their signature collection process and the history of their organization in collecting signatures. He stated the survey results were exceptionally good for an off premise license. Mr. Stonbraker asked the petitions be admitted into the record. There were no objections. Mr. Stonbraker asked about the document labeled Edwards Liquor. He asked Mr. Scott to explain. Mr. Scott explained the document regarding traffic counts. Mr. Stonbraker asked the information be entered into the record. Commissioner Johnson asked where the count was taken on that particular Spur Road. Mr. Scott explained his understanding. many cars are getting on and off the exit. Commissioner Johnson stated depending on where the counter was placed, there may be an indication of what the counts mean. Mr. Scott stated part of the need would come from the transient public. 60% comes from repeat trade, 40% from transient public. Chairman Gates asked if there are objections. There were none and the report was submitted into the record. Mr. Porterfield questioned Mr. Scott. Chairman Gates asked if there is additional testimony. Larry Eskwith, applicant, described his personal and professional background. He has been a resident of Eagle County since early 1970's. Mr. Stonbraker asked about his application and the lease. Mr. Eskwith described the store and his desire to provide a wide selection of wines in addition to the standard brands, but a wide selection of imported beers and microbrews. Mr. Stonbraker asked about hours of operation. Mr. Eskwith stated the business would be six days a week a.m.. Friday and Saturday they would close at 10:00 p.m. and He stated all they know is how opening at 9:00 other days at 6 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKE!:S 387869 9:00 p.m. Mr. Eskwith explained his training plans, the creation of a manual for training and education, TIPS training and seminars, etc. Mr. Eskwith stated there is certainly a need. First of all, there is no business on the north side of the valley. This store would service Singletree and Old Edwards Estates. It would generally service a neighborhood which has grown tremendously. He stated South Forty Liquors is extremely crowed and the other store is presently closed. Chairman Gates asked how many licenses the family should hold within the same area. Mr. Eskwith stated as a separate individual, he can hold a license in his name as long as he has no interest in his wife's store. He stated he has never worked in that store. His wife will have absolutely no interest in his store whatsoever. Chairman Gates suggested that perhaps by being married she will have indirect results. Mr. Loeffler stated he is unaware of any husband wife teams and as long as they are separately owned they can hold two separate license. Mr. Loeffler stated the law looks only at ownership. Mr. Stonbraker read from the liquor code and referred to case law. Mr. Stonbraker stated he would like the Board to take administrative notice of the hearing previously. Wendell Porterfield asked about the lease of the Northstar center and occupancy. Mr. Eskwith stated they should be in their space mid April to mid June. Mr. Porterfield asked if the petition distributer asked signers that there would be a delay in possession. Mr. Porterfield asked about the current zoning. Mr. Eskwith stated a liquor store is a use by right. Mr. Porterfield asked about ownership of the premises. Mr. Eskwith stated at some time he might consider ownership. Mr. Porterfield asked who picked up the application. Mr. Eskwith responded either he or Carl Deitz. Ms. Roach stated it was Mr. Deitz. Mr. Porterfield asked about Ms. Eskwith's ownership interest. Mr. Porterfield asked if she might sell her interest in South Forty and join with Mr. Eskwith. He asked about his Charles Schwab account. He continued to question Mr. Eskwith. Ms. Roach stated Carl Deitz owns 60% of South Forty liquors and Cindy Eskwith owns 40%. Neither are listed on this application. Terry Benedickt stated they determined the poster for the store should have gone up no later than August 31. Mr. Eskwith sated he believes the sign went up on the 28th of August. Ms. Benedickt stated there were a number of days the poster could not be seen because of equipment in front of it. She asked if the pictures could be brought into evidence. Ms. Benedict stated the code states the sign should be conspicuous. Commissioner Phillips asked to see the pictures. Ms. Roach stated unless Mr. Eskwith drove the machines, it was beyond his control. Chairman. Gates asked if there are any objections to the photos being entered into the record. Commissioner Phillips believes as long as it was posted, it was fine. Ms. Roach stated notice was also published in the Eagle Valley 7 Enterprize. Mr. Stonbraker stated they don't have any objections about the photos being entered but can provide testimony as to the length of time the equipment was parked there. Chairman Gates entered the pictures into the record. Mr. Stonbraker called Mr. Jansen for testimony. He asked Mr. Jansen if he as a routine measure had seen vehicles parked in front of the signs. The photos are dated and at least three days are depicted by the pictures. Chairman Gates closed public comment. Commissioner Phillips moved to establish the neighborhood as being a two mile radius from the proposed location at Northstar Lumber. Commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Johnson asked if there is another area within Eagle County that provides four liquor stores within such a close proximity. Ms. Roach stated not of retail liquor store licenses. Commissioner Phillips stated she feels this is unique since it is right on the interstate and since it doesn't include an established community center. She believes the need takes in a different area. Chairman Gates questioned whether the petition signers knew this is for an additional liquor license. Commissioner Phillips stated this is close to a service station and the roadside park. Ms. Roach stated staff is recommending approval of this application. Commissioner Johnson asked how many hours were taken to get signatures. Mr. Scott responded 20 hours more or less. Mr. Loeffler asked about the briefing sheet and whether the people had it explained that both licenses could be granted and that there might then be four. Mr. Scott responded they made if very clear this is a different location and there is another application pending and they were being heard on the same day. He stated this is something they deal with frequently. Mr. Scott stated there were signers on both petitions. Commissioner Johnson asked how many licenses have been granted by this Board where they knew they would sit dormant for six to eight months. Ms. Roach responded none for a Retail Liquor Store license. She stated a license will be granted but not issued until the store is ready for occupancy. Mr. Loeffler stated licenses have been approved for hotel/restaurant licenses were the building has not yet been finished. Mr. Loeffler stated the license gets approved but is not issued until there is a premise. Ms. Roach stated Game Creek Club and Cordillera were two restaurants approved before they were complete. Mr. Loeffler stated it is not necessary to have a specific motion on need. Mr. Stonbraker cited a case in regards to the number of outlets within an area. Commissioner Johnson stated he appreciated that and it was taken into consideration the density of population. Commissioner Phillips stated competition is good for the consumer. Mr. Loeffler stated they are supposed to take into account the neighborhood's opinion and the resident's opinion on desire. He stated the number of liquor licenses is not the determinative. These are not things they should consider. 8 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKELS 387869 Commissioner Phillips moved to establish a need for an additional liquor store in the Edwards area and approve the application of Larry Eskwith, dba/Edwards Liquors for a Retail Liquor Store license. Commissioner Johnson seconded the motion for discussion. In discussion, Commissioner Johnson stated he does not believe that a need has been established and feels a hearing date closer to the completion of the building would be better. Chairman Gates called for the question on the motion. commissioners Phillips and Gates voting aye and Commissioner Johnson voting no. Commissioner Johnson moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Phillips seconded. The vote was declared unanimous. Plat & Resolution Signing Kathy Eastley, Planner, presented the following plats for the Board's approval and signature: 01) TC-00002, Cordillera Subdivision, Filing No. 16. She stated this was a technical correction plat of the Northern Parcel. The sole purpose of this plat is to correct the addresses of Lots 37, 54 & 55. Commissioner Johnson moved to approve and authorize the Chairman to sign final plat, file number TC-00002, Cordillera Subdivision, Filing No. 16. Commissioner Phillips seconded the motion. The vote was declared unanimous. 02) SM-10s6-96, Riverwalk Theater Building. She stated this was a Minor Type B Subdivision, a resubdivision of the Condominium Map to create Units 2A and 2B. Commissioner Phillips moved to approve final plat, file number SM-1056- 96, Riverwalk Theater Building. Commissioner Johnson seconded the motion. The vote was declared unanimous. 03) 5MB-00003, Eagle-Vail Subdivision, Filing 1, Lot 85, Block 3. She stated this was a Minor Type B Subdivision, a resubdivision of Lot 85 to create Lots 85A and 85B. This plat does contain a duplex split caveat. Commissioner Johnson moved to approve final plat, file number 5MB-00003, Eagle-Vail Subdivision, Filing 1, Lot 85, Block 3. Commissioner Phillips seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until September 16, 1996. ~,f$~ Chair n 9