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HomeMy WebLinkAboutMinutes 10/23/2000 PUBLIC HEARING OCTOBER 23,2000 Present: Tom Stone Johnnette Phillips Michael Gallagher James R. Fritze Jack Ingstad Sara J. Fisher Chairman Commissioner Commissioner County Attorney 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: Executive Session Chairman Stone stated the first order of business was an "Executive Session". Commissioner Gallagher moved to adjourn into an "Executive Session" to discuss: 1) Proposed BAA stipulations for Logan & Logan 2) Discuss 2000 appeal of State BOE possessory interests order 3) Discuss potential claims against the County re road work 4) Discuss procedural issues regarding liquor license hearings 5) Discuss procedural issues regarding hearing Adams Rib - Frost Creek special district application arising from notice problem. Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Chairman Stone was at another meeting at this time. The time was noted at 08:38 a.m. Commissioner Gallagher moved to adjourn from the "Executive Session" and reconvene into the regular meeting. Commissioner Phillips seconded the motion. The vote was declared unanimous. The time was noted at 9:16 a.m. Consent Calendar Chairman Stone stated the first item before the Board was the consent agenda as follows: A) Approval of bill paying for the week of October 23, 2000, subject to review by the County Administrator B) Approval of the minutes of the Board of County Commissioners meetings of October 2 & 10,2000 C) Memorandum of Understanding between Eagle County and Aspen Community Theater D) Agreement between Eagle County and alternative Recycle LLC E) Resolution 2000-144 amending Resolution 00-138 relating to the issuance by Mountain Glen Housing Corporation of Multifamily Housing Project Revenue Bonds (GNMA Mortgages Backed Securities Program), Series 2000 F) Resolution 2000-145 proclaiming October 23 & 31, 2000 as Red Ribbon Week. Commissioner Gallagher stated he would like to pull item F, Red Ribbon Week, of the Consent 1 10-23-2000 Agenda to be discussed separately. He stated on Item C, Memorandum of Understanding, he would amend the last paragraph by striking the words "passing some" and substitute "east of'. Chairman Pro-tern Phillips asked if this is the road behind the houses. Rich Cunningham, Director of Facilities Management, stated the agreement was wrong when referring to the existing road. The new alignment, which they are using as of this morning, is east about 500 feet and off Valley Road. It runs across Forest Service property until the County can build their own road next spring. Chairman Pro-tem asked if this is now the temporary entrance. Mr. Cunningham stated it is and that it looks real good. Brad Higgins, Director of Road & Bridge, stated there is a gravel surface and both sides are fenced. Chairman Pro-tern asked how long they will be using the other road. Mr. Cunningham stated they have rights until June. Commissioner Gallagher asked about Item D, the agreement with Recycle LLC. He asked ifthis is a contract to eat up big pieces of wood and make chips. He asked if they pay $3.50 a yard, the County is then the owner of the chips and then sell them to the sledge pond post. Mr. Higgins stated historically they have given to Upper Eagle Valley to use as compost on the Landfill site as needed for re-seeding and replanting. He stated they plan on using the wood chips on the interior roads to help with the pitting. Commissioner Gallagher asked if the compost is sold commercially. Mr. Higgins stated he believes it is. Commissioner Gallagher moved to approve the consent calendar as presented excluding item F. Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Resolution 2000-145, Red Ribbon Week Resolution 2000-145 Proclaiming October 23 - October 31,2000 as Red Ribbon Week. Jack Ingstad, County Administrator, read the Resolution into the record. Commissioner Gallagher asked if they sent out a press release. Commissioner Gallagher moved to approve Resolution 2000-145, Proclaiming October 23 - October 31, 2000 as Red Ribbon Week. Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Gallagher stated he would also like to encourage County employees who work with the public to wear the ribbon in support of this important effort. Plat & Resolution Signing Matt Gennett, Planner, presented the following plats and resolutions for the Board's consideration: 5MB-00253. Berry Creek Ranch. Filine No.4. Lot 7. Block 3. He stated this was a Minor Type B Subdivision, the intent of which is to re-subdivide Lot 7 into two (2) Y2 duplex lots, Lots 7 A and 7B. Staff findings are shown on staff report and as follows: Pursuant to Section 5-290 (G) (1) of the Eagle County Land Use Regulations: 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director 2 10-23-2000 shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. Standards for Type A and Type B Subdivision. a) Access, potable water, and sewage disposal on the land to be subdivided are adequate; b. The plat does conform to Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Gallagher moved to approve final plat file number 5MB-00253, Berry Creek Ranch, Filing No 4, Lot 7, Block 3, incorporating staff findings and authorizing the Chairman Pro-tern to sign the plat. Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 5MB-00254. Ea~le-Vail Subdivision Filin~ No.1. Lot 20. Block 6. He stated this is a Minor Type B Subdivision, the intent of which is to re-subdivide Lot 20 into two (2) lIz duplex lots, Lots 20A and 20B. Staff findings are as shown on staff report and as follows: Pursuant to Section 5-290 (G) (1) of the Eagle County Land Use Regulations: 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. Standards for Type A and Type B Subdivision. a) Access, potable water, and sewage disposal on the land to be subdivided are adequate; b. The plat does conform to Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Gallagher moved to approve final plat file number 5MB-00254, Eagle- Vail Subdivision, Filing No.1, Lot 20, Block 6, incorporating staff findings and authorizing the Chairman Pro-tern to sign the plat. Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 5MB-00257. Berry Creek Ranch. Filin~ No.2. Lot 18. Block 6. He stated this is a Minor Type B Subdivision, the intent of which is to re-subdivide Lot 18 into two (2) lIz duplex lots, Lots 18A & 18B. Staff findings are as shown on staff report and as follows: Pursuant to Section 5-290 (G) (1) of the Eagle County Land Use Regulations: 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. Standards for Type A and Type B Subdivision. a) Access, potable water, and sewage disposal on the land to be subdivided are adequate; b. The plat does conform to Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Gallagher moved to approve final plat file number 5MB-00257, Berry Creek Ranch, Filing No.2, Lot 18, Block 6 incorporating staff findings and authorizing the Chairman Pro-tern to sign the plat. 3 10-23-2000 Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Resolution 2000-146 A Resolution To Approve An Amendment To The Planned Unit Development Guide Of The Chadwick PUD (In partial fulfillment ofthe requirements of File No. PDF-00033). The Board considered this resolution at its regular meeting on October 16th, 2000. Commissioner Gallagher asked if this had been open space and they are authorizing a utility easement. Mr. Gannett responded that is correct. Commissioner Gallagher moved to approve Resolution 2000-146 To Approve An Amendment To The Planned Unit Development Guide Of The Chadwick PUD. Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Resolution 2000-147 A Resolution To Approve A Petition To Grant A Variance Permit From The Improvements Standards Established In Section 4-620 Of The Eaele County Land Use Regulations For The Two Rivers Villaee Subdivision & The Two Rivers Estates Subdivision (File No. VIS-0009). The Board considered the Applicant's petition at public hearings on August 28th and September 18th, 2000. Commissioner Gallagher moved to approve Resolution 2000-147, To Approve A Petition To Grant A Variance Permit From The Improvements Standards Established In Section 4-620 Of The Eagle County Land Use Regulations For The Two Rivers Village Subdivision & The Two Rivers Estates Subdivision (File No. VIS-0009) Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Final Settlement, Elam Construction Renee Black, Asst. County Attorney, presented final settlement for Elam Construction, Inc., for the Frying Pan Road overlay project. This matter was published and no claims have been received. Commissioner Gallagher moved to approve final settlement for Elam Construction, Inc., for the Frying Pan Road overlay project. Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Final Settlement, Searl Construction Renee Black presented final settlement for Searl Construction, LLC, for construction of an asphalt surfaced trail, pedestrian bridge abutments and associated improvements in Edwards. This matter was published and no claims have been received. Commissioner Gallagher asked if this concludes everything for the trail that was just completed. Ellie Caryl, Trails Department, was present for the hearing and stated the project was completed on time and in budget. Commissioner Gallagher moved to approve final settlement for Searl Construction LLC, for construction of an asphalt surfaced trail, pedestrian bridge abutments and associated improvements in Edwards. Chairman Pro-tern Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 4 10-23-2000 Commissioner Gallagher moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Phillips seconded the motion. The vote was declared unanimous. Sato Sushi Earlene Roach, Liquor Inspector, presented a show cause hearing for X-Bar Fly, Inc., dba. Sato Sushi. She stated this is the result of a under aged compliance check performed by the Sheriff s Office, in which the applicant sold to a minor. Peter Mueller, owner, was present for the hearing. Ms. Roach stated for this applicant staff is recommending the Board find they did violate the Colorado Liquor Code and County rules and regulations. Staff believes the Board should suspended the license for a period of four days, but hold all four days in abeyance for a period of one year. A suspension sign should still be posted at the establishment for a two day period. Chairman Stone spoke to having amended the rules to place a fine in lieu of suspension. Ms. Roach stated they would have to find there was a violation, there must be a motion made accordingly, the applicant would then request a fine rather than suspension. But as staff is not recommending a served suspension the applicant will not be requesting to pay a fine in lieu of. She is still requesting that the sign be posted for two days. Commissioner Phillips asked how that would impact business. Commissioner Gallagher asked who is Pete Mueller and if he is the owner. Mr. Mueller stated he is the owner. Commissioner Gallagher asked what they are doing now to prevent sales to minors and why they didn't do so in the past. Mr. Mueller stated they got lax with the carding because most of their clientele are older. He stated because the didn't see it as much of a problem they were caught off guard. He stated all of their employees are now TIPS trained for alcohol awareness as well. He spoke to their e-mail and their weekly employee newsletter. They've posted signs for ID checking for anyone under 35. He stated it hit home and they have really gotten it into their heads how important this is. It is a small establishment with a small staff. They've taken the effort to learn not only about carding but about alcohol awareness as well. He stated it is partly his fault with getting lax. He stated they are doing a benefit for DARE and hope to be able to pay back the community for their mistake. Chairman Stone asked if they have an issue about posting the premises. Commissioner Gallagher stated if they are going to suspend they do so and post. He suggested if they are going to hold in abeyance perhaps a press release would be sufficient. Commissioner Phillips asked if they had the sting because there were under age people drinking. Mr. Mueller stated this is an isolated incident. This person came in and had befriended the sushi chef. He should have carded. He doesn't see that as a problem. They do get a few young people but they card thirty five and under now. Ms. Roach stated the Sheriff s deputies were present for the hearing. Commissioner Gallagher stated he understands the license holder has pled guilty. Ms. Roach stated this is their first violation and they have been open over a year. Commissioner Phillips asked if they felt that this was a problem and they had heard people were drinking under age. Officer Scott Hunter, Eagle County Sheriffs Office, stated the reason they did the sting is that a few days previously there had been a reported sexual assault. Those who were part of this said they had been to Sato Sushi and had a few drinks they then went to Gore Range Brewery and then returned to Sato Sushi and closed the place. He stated they claimed to have smoked marijuana. He stated that is what prompted the sting. He stated they have gotten no other complaints from either of these 5 10-23-2000 establishments. Commissioner Phillips stated she recognizes that stings are set up but they are a wake up call for anyone. Chairman Stone asked if they have only one choice for the fine. Ms. Black stated it is a set fine and the license holder has to ask for it. Commissioner Gallagher asked if it is only in lieu of suspension. Commissioner Gallagher asked if they were able to come to any conclusion as to wether the incidents had taken place as reported. Officer Hunter stated they did admit that they had been served there and there was marijuana smoked. Commissioner Gallagher questioned why they are not hearing the previous offense today. Ms. Roach stated there were no citations. Commissioner Phillips moved to suspend the liquor license for X-Bar Fly, Inc., dba/Sato Sushi, for a period of four days, all four days being held in abeyance for a period of one year. A suspension sign shall be posted at the establishment for two days, October 25 & 26, 2000. Commissioner Gallagher seconded the motion for discussion. Commissioner Gallagher stated he has a problem with giving the applicant four days in abeyance and still posting the suspension sign. Discussion followed on the proposed sign and it was decided to post a sign that relates to the suspension of the establishment and to indicate that all days will be held in abeyance. Commissioner Phillips included that in her motion. Commissioner Gallagher included it in his second. Chairman Stone called for the question on the motion. The vote was declared unanimous. Gore Range Brewery Earlene Roach presented a show cause hearing for Gore Range Brewery LLC, dba/Gore Range Brewery. Same as above. Jim Errant, owner, was present for the hearing. Commissioner Gallagher asked Mr. Errant what they have done since the sting to change procedures and at the same time help them understand why they didn't do it before. Mr. Errant stated there is no good reason for not having done this. He stated he has been in the business for 25 years with thirteen restaurants and he has never had a situation like this. He stated he has never gone after the younger generation. The Gore Range attracts families and older adults. He stated there is a low percentage of young adults that come in and try to obtain alcohol. He stated it hadn't been an issue in the past and they had not taken preventive action. Mr. Errant stated the night that he received the call from Doug Winters, Eagle County Sheriffs Officer, telling him what had happened he was in shock. He stated the programs included in the Board's packets were literally put into place in two days. He spoke to his employees taking a zero tolerance. He stated new employees are greeted with this. They address it in the mini meetings. They have put in large signs in the restaurant. He spoke to the stickers on the payroll checks. He stated from the owner to the manager they want everyone to be responsible for alcohol service. He spoke to their sting operations so far. He stated Greg, the bartender, has been through TIPS training and is now responsible for training each new employee with a TIPS type program. He is responsible for doing that with each new employee. They post the year and date on the bulletin board. He stated he feels worse than anyone and knows the consequences of losing a license. He stated they have taken immediate steps to assure this will not happen again. Commissioner Gallagher stated that he appreciates the work they have done to correct the problem and keep their liquor license. He stated this has been a huge wake up call and it is not just 6 10-23-2000 underage. The last thing he wants is to find out someone has died because of their alcohol service. He is concerned about over serving as well. It is not worth it. Commissioner Stone asked for a motion. Commissioner Phillips moved to find the applicant was in violation of the Colorado Liquor Code and suspend the liquor license for Gore Range Brewery LLC, dba/Gore Range Brewery for a period of four days, all of which are to be held in abeyance for a one year period. A sign shall be posted at the establishment on October 25 & 26, 2000. The sign shall state the license has been suspended but all days will be held in abeyance. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Commissioner moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. 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 October 24, 2000. Attest: Clerk to the B ~.~ Chairman 7 10-23-2000