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,
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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.
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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
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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
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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.
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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
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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
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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.
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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.
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Chair n
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