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HomeMy WebLinkAboutMinutes 08/21/2001 PUBLIC HEARING AUGUST 21, 2001 Present: Tom Stone Michael Gallagher Am Menconi Tom Moorhead 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: Consent Agenda Chairman Stone stated the first item before the Board was the Consent Agenda as follows: A) Approval of bill paying for the weeks of August 20 & 27, 2001, subject to review by County Administrator B) Approval of payroll for August 23,2001, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioners meeting of August 7, 2001 D) Renewal of Lease between Eagle County and Travel Vail ofa portion of Condominium 107 in Avon Commercial Center E) Resolution 2001-104, conferring Power of Attorney upon the Attorney's Office to draw on Letter of Credit No 1294 in the amount of $1 04,220.50 for Fender Lane Developers, drawn on Vectra Bank, for Sopris Mesa Subdivision F) System Support Agreement between Eagle Computer Systems, Inc. and the Eagle County Clerk & Recorder's Office for system support from August 1,2001 to July 31, 2002 G) Electrical Service for new building at the Tree Farm. Chairman Stone asked the Attorney's Office if there were any changes to the Consent Agenda. Tom Moorhead, County Attorney, stated there were no changes. Commissioner Menconi asked about item D, the lease renewal with Travel Vail, if that was for one year. Rich Cunningham, Director of Facilities Management, stated it is for one year. Commissioner Menconi asked about the use of the space. Mr. Cunningham stated there is no projection growth for next year. Commissioner Gallagher questioned item F, the System Support Agreement with Eagle Computer Systems. Sara Fisher, Clerk & Recorder, explained that Eagle Computer Systems will be monitoring the Information Technologies Department with the ultimate goal of having that department take over the support. She spoke to concerns with priority setting by Information Technologies and the Clerk's statutory requirements. Commissioner Menconi moved to approve the consent agenda as presented. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Plat & Resolution Signing 1 08-21-2001 Matt Gennett, Planner, presented the following plats and resolutions for the Board's consideration: AFP-00128 - Cordillera Subdivision. Filing No. 24. Lot 40. The purpose of this plat is to amend the previously platted building envelope. Staff findings are as follows: Pursuant to Section 5-290 (G) (1) of the Eagle County Land Use Regulations: (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 AFP-00128, Cordillera Subdivision, filing No. 24, Lot 40, incorporating staff findings and authorizing the Chairman to sign the plat. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2001-105. To Approve A Petition To Grant A Variance From The Improvement Standards Established In Section 4-620.B Of The Eagle County Land Use Regulations For The Arrowhead PUD. Filing No. 27. The Board conducted a public hearing on August 7th, 2001, to consider the applicant's petition. Commissioner Menconi moved to approve Resolution 2001-105, to approve a Petition To Grant A Variance from the Improvement Standards established In Section 4-620.B of the Eagle County Land Use Regulations for the Arrowhead PUD, Filing No. 27 Commissioner Gallagher seconded the motion. The vote was declared unanimous. Commissioner Gallagher moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. Liquor License Consent Agenda Earlene Roach, Eagle County Liquor Inspector, presented the Liquor License Consent Agenda as follows: A) Terrance S. Marcum Shop & Hop #3 This is a renewal of a 3.2% Beer License. This establishment is located along Highway 6 and Eagle-Vail Road in Eagle-Vail. There have been no complaints or disturbances during the past year. B) CNSC, Inc. Main Street Grill This is a renewal of a hotel & restaurant license. This establishment is located in Riverwalk. There have been no complaints or disturbances during the past year. C) Rocky Mountain Enterprises, Inc. Rancho Del Rio This is a renewal of a 3.2% Beer License. This establishment is located 2 08-21-2001 along Trough Road in Bond. There have been no complaints or disturbances for this establishment in the past year. D) Rocky Mountain Enterprises, Inc. Rancho Del Rio This is a renewal of a retail liquor store license. This establishment is located along Trough Road in Bond. The only complaint deals with the recent Show Cause hearing, drinking on premise (8-7-01). E) Findings and Decisions This is the Findings and Decision regarding the hearing and penalty for Rocky Mountain Enterprises, Inc., dba/Rancho Del Rio Liquors Commissioner Gallagher asked if the liquor license holder for C is the same as that for D. Ms. Roach answered yes. Commissioner Gallagher asked if the license for C is a 3.2% Off Premise Beer License. Ms. Roach stated it is. Commissioner Gallagher asked if the two establishments are in the same location. Ms. Roach stated it is the same building with two separate entrances. She stated the two establishments are separated by a half wall. Commissioner Menconi moved to approve the Liquor License Consent Agenda for August 21, 2001 as presented. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Rancho Viejo Earlene Roach presented a new application for a hotel and restaurant license for Rancho Viejo, Inc., d/b/a Rancho Viejo Restaurante & Bar. She stated this establishment is located in the old Champions location. The first order of business is to establish the neighborhood. The applicant used the Edwards area. Hugo Parra, applicant, was present for the hearing. Ms. Roach stated she has an note from Environmental Health stating they will not approve the food license as is, but understands that Mr. Parra is working on those issues. Commissioner Gallagher moved to establish the neighborhood as the Edwards area for Rancho Viejo, Inc., d/b/a Rancho Viejo Restaurante & Bar. Commissioner Menconi seconded the motion. The vote was declared unanimous. Ms. Roach stated the next order of business is to establish the needs of the neighborhood. The applicant has submitted a petition consisting of 122 signatures. Chairman Stone spoke to the breakdown of the signatures and 71 of those being from the Edwards area. Commissioner Menconi moved to establish the needs of the neighborhood as evidenced by testimony and the submitted petition. Commissioner Gallagher seconded the motion. Ms. Roach stated they are assuming that the signatures from outside of the Edwards area are in fact people who work in the Edwards area. Chairman Stone asked for a moment to review the petitions. He asked for questions of the applicant. Ann Malk, representing her own business which is above the previous Champions, stated she also represents the owner of Artistic Designs, a custom framing shop. She stated they are not in favor of the granting of this license because of the experiences with the previous restaurant. She stated their customers use the shared stairway for access to their businesses. She suggested there is some intimidation that came from the previous business. She stated the customers using the restaurant have in 3 08-21-2001 the past overindulged and they use the stairway for other purposes. She stated they feel this is very negative. Chairman Stone apologized for not asking for public comment. Ms. Malk stated the owner of Artistic Designs would have been here but was unable to close her business today. Chairman Stone spoke to the three steps the Board has to go through in reviewing liquor licenses. He stated they would like to proceed with the motion as stated and then resume discussion on this. Chairman Stone called for the question on the motion. The vote was declared unanimous. Chairman Stone spoke to the Colorado Liquor Law and that it is illegal for someone to serve a person to the point of intoxication or to serve a person who is visibly intoxicated. Chairman Stone pointed out that this is a different owner. He asked if the current owner is able to address the issues that caused the previous owner to lose their license, would Ms. Malk be in agreement with the granting of the license. Ms. Malk answered yes. Ed Mallot, the broker assisting in the sale and purchase of the assets of this establishment, stated he has worked with Mr. Parra over the last couple of months. He has found him to be a good listener, which is a good thing. He spoke to Mr. Parra, his wife and his brother all now being TIPS trained. He stated he is of good character and spoke to their commitment to making this a successful operation. He stated he is a strong supporter of Mr. Parra. He related he and his wife were in the bar and restaurant business in Boulder for fifteen years. He stated he has offered to assist Hugo in any way along the way. He stated he will be willing to provide assistance as needed. Mr. Parra stated he has been in the area for fifteen years and in the restaurant business for ten years. He spoke to their TIPS training and that as owners they will be working there. They will try to do their best and now have a better understanding of the liquor service requirements. Chairman Stone asked if the new County Regulations calls for an Alcohol Management Plan. Ms. Roach stated it does. She stated the Alcohol Management Plan was designed for special events. She stated they are trying to adapt those to regular licenses. Chairman Stone stated he would like to see incorporated in the alcohol management plan the education and training that staff are going to receive. Ms. Roach stated they will begin to see the copies of the TIPS cards. Commissioner Gallagher stated he sees no mention of staff training. The TIPS training is non- specific as to the time requirements to become TIPS trained. He suggested that this is going to be a family business but questions if one of them is sick who becomes the responsible party. He spoke to the pool tables and the sketch. He stated he was a cop for more than twenty years and that people who go into a bar to play pool are not usually there to eat. He stated if they want the Viejo to be different than Champions they need to get people there for dinner rather than for pool and to drink. Mr. Parra stated they will try to keep the tables and see how it works. He suggested they will try to do the whole operation different and if it doesn't work right, they will change their way of doing business. Commissioner Gallagher stated this Board has been intolerable of liquor violations and there are not a whole lot of second chances. Commissioner Menconi clarified that Mr. Parra understands what happened to the previous owners and that is why the questions are deeper. Because of the history of this bar it is unclear how much had to do with the location of the bar and how much had to do with the management. He might be inheriting customers that may make it difficult to change the pattern. He asked if that is clear to him. Mr. Parra stated it is. Commissioner Menconi asked about the hours. Mr. Parra stated breakfast, lunch and dinner from 7:00 a.m. to 10:00 p.m. Commissioner Menconi asked about limitations of the hours for service. 4 08-21-2001 Ms. Roach stated with a restaurant license the hours are set from 7:00 a.m. to 2:00 a.m by the State. Chairman Stone stated they are not able to restrict the hours. Tom Moorhead stated as the Local License Authority they are administering the state law. He will receive a license from the State and the hours of operation will be as set by the Legislature. Commissioner Menconi asked if they can condition the hours. Mr. Moorhead stated he doesn't believe they can. Commissioner Menconi asked about the concerns with Environmental Health. Ms. Roach explained Laura met on sight with Mr. Parra this morning and that the kitchen is not up to standards but Mr. Parra is working on it. She stated they can approve the liquor license but ifthey don't get a food license they can't serve alcohol. Commissioner Menconi spoke to the notes on Ms. Roach's comments. Ms. Roach stated she does not want to see the same crowd with the same effects. She spoke to the pool tables and if people start doing that, families will not go there to eat with loud boisterous people. Chairman Stone spoke to the restaurant in West Vail, the Half Moon Saloon. He asked Mr. Moorhead, as he was the Town of Vail Attorney, how they operated that. He asked ifit is with relationship of the management. Mr. Moorhead stated it is the relationship of the management. He spoke to a violation in that location and there were occasions the police were called to respond. He stated the establishment does continue to operate and that there was a change in ownership. With the change in ownership the problems have not been the same. Commissioner Menconi stated that is clearly a bar. He asked if anyone here is contemplating to move forward providing the pool tables are removed from the premises. He suggested if they review the hours that Mr. Parra states he intends to be open and at renewal they can review the integrity. Commissioner Gallagher stated he is not prepared to require Mr. Parra to remove the pool tables. With all of their concerns, they support the business and support the restaurant. He spoke to support by the Sheriffs Office and the relationship Mr. Parra should develop with them. He stated you don't make any money after the food service ends. He suggested shutting down after dinner is a good business decision. Chairman Stone spoke to Champions being the place everybody went after the other bars closed down. He wants Mr. Parra to understand they want his business to be successful, but successful and safe. He spoke to the tragic accident that happened and thinks that it is luck that Champions had not be cited before. Chairman Stone asked how Mr. Parra proposes to address Mrs. Malk's concerns. Mr. Parra stated since he is going to be a working manager and is the owner he doesn't see it happening. Commissioner Gallagher stated if people are over drinking and urinating or vomiting it is a consideration of the management. Chairman Stone suggested Mr. Parra should get to know his neighbors and avoid the violations. He spoke again to Champions and the need to be aware of the Liquor Code beyond TIPS training and making sure the people who work there are adequately trained. He spoke to the financial hardship. Ms. Malk suggested she would like to be a good neighbor. She suggested if removing the pool tables is not an option, perhaps they can be covered. She spoke to children in the restaurant. She suggested some kids games might be an option to make it more of a family restaurant than a bar. Ms. Roach stated this application is in order and all fees have been paid. Commissioner Menconi moved to approve a new hotel and restaurant license for Rancho Viejo, Inc., d/b/a Rancho Viejo Restaurante & Bar. Commissioner Gallagher seconded the motion. The vote was declared unanimous. 5 08-21-2001 Chairman Stone thanked Ms. Malk, Mr. Mallot and Mr. Parra. Commissioner Gallagher asked Ms. Roach to notify the Sheriff s office of the potential opening. Mr. Roach stated she has and they will be working together. The Summit Earlene Roach presented a new application for a hotel and restaurant license for Summit Food and Beverage, LLC, d/b/a The Summit. She stated this establishment is located in Cordillera. The first order of business is to establish the neighborhood. The applicant used Cordillera area. Commissioner Gallagher moved to establish the neighborhood as the Cordillera area for Summit Food and Beverage LLC, d/b/a The Summit. Commissioner Menconi seconded the motion. The vote was declared unanimous. Ms. Roach stated the next order of business is to establish the needs of the neighborhood. The applicant has submitted a petition consisting of 126 signatures. Chairman Stone identified the breakdown of the signatures. Commissioner Menconi moved to establish the needs of the neighborhood as evidenced by testimony and the submitted petition. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Ms. Roach stated this application is in order and all fees have been paid. Joe Petrash, owner, was present for the hearing. Mr. Petrash stated he has been in the food service industry for 25 years in Texas and California. He explained this would be about 1 mile from the clubhouse. It is about 95% use by the club members and their guests. Everyone will be TIPS trained as is the Assistant Manager. He stated the actual clubhouse is currently under construction. Once completed they will file a change of location. Chairman Stone asked if the main building will be part of the license and this will also be the golf course. He asked about the Alcohol Management Plan. Ms. Roach stated there is one, but it was mis-placed. She stated the applicant will fax a copy. Mr. Petrash stated it has all the TIPS certification, requisitioning and storage of product, hours of operation, serving codes, learning how to serve, ingress and egress. He stated there is really one entrance at this point. Chairman Stone asked if they have ever had a problem with a golf course. Ms. Roach stated no. Commissioner Gallagher asked why they have four optional premises and not just one. Ms. Roach explained the street crossing. Commissioner Gallagher asked how does the alcohol get served in the optional premise. Mr. Petrash stated alcohol will only be served from the snack bar. Ms. Roach stated they will have a snack bar about one mile from the club house and the customer will be allowed to take the alcohol with them in the cart. Commissioner Gallagher asked where the snack bar will be located. Mr. Petrash showed the location ofthe snack bar on the map. Commissioner Gallagher spoke to the mark made on the map. He asked if that is within the residential district. Mr. Petrash clarified the location. Commissioner Gallagher moved to approve a new hotel and restaurant license for Summit Food and Beverage LLC, d/b/a The Summit. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. 6 08-21-2001 Commissioner Gallagher seconded the motion. The vote was declared unanimous. Resolution, Red Table Acres Improvement District Chairman Stone introduced the next item on the agenda being the Hearing for the proposed Red Table Acres Public Improvement District and Resolution to approve creation ofthe District and the Resolution adjudicating all questions of jurisdiction and ordering the question of the organization of the "Eagle County Red Table Acres Public Improvement District and the question of the issuance of bonds be submitted to the electors. Chairman Stone explained the timeliness of the issue and the confusion with the communication of the scheduling. Commissioner Gallagher asked about the agenda listing two resolutions to be approved. Tom Moorhead stated item number 10 covers item number 9. Bob Schutlz introduced Brian Pettit, president of the Homeowner's Association. He explained there were three items they were required to meet. The first is that there has been a petition submitted that meets all the Statutory requirements, at least 30% of the homeowners or 200 electors are represented by those petitions and finally that the costs are not inordinate. The costs will not exceed $610,000. Chairman Stone repeated the three requirements before this can go on the ballot. The first being 30% or 200 electors of district whichever is less. 2. That the proposed improvements will confer benefit on the district and 3, that the costs are not excessive as compared with the value of property. Keith Moyer, 1055 Fender Lane, stated he is for the creation of the District as they need water and this is the only way to guarantee that water. Brian Pettit, President of the Association, stated they have been working on this for a couple of years. He stated the water system now has had many breaks. They feel that the PID provides some tax benefits for the people that live there and that for the majority of the people that live there are in agreement. Dave McCullick, 283 Red Table Acres, stated they are not against the system, but the method of financing the water system. He stated that the Board has not followed the covenants and that they have never had a legal meeting with a legal quorum. He spoke to the annual assessment and the variance of payment for property owners. He stated every property should pay its 1/57 value. They are in favor of a LID. He stated that allows people to pay their share. He stated the LID is much more flexible. They did surveys among the subdivision and have 18 signatures of people who prefer other than the PID. He stated they never asked anyone how they prefer to pay for this. He stated everyone had another choice other than the PID. They feel that this has a lot of options and a lot of flexibility. He stated they have surveys signed by those who signed the petitions. He stated they asked for the petitions before they were turned in. He stated they have tried to work with their Board, but they have had no interaction. They asked for the minutes of the last meeting and were told they didn't exist. They asked for the sign in sheet and were told it didn't exist. They are going after votes, that is not what the covenants say. One vote per lot. They would like to go back and come up with a plan that would make the majority happy. Brian Robertson, 0332 Elk Ranch Drive, stated the variance in the amount of money that comes out ofpeople's pockets is over $20,000. He stated there is not any more or greater use ofthe water and it should be equitable and follow the covenants. Chairman Stone asked Mr. Schultz to respond. Mr. Schultz stated they gave a chart as to how this would be funded. He reviewed the checklist. He stated the information was shared with the homeowners. There is not unanimity. The choices vary and there are so many balls in the air. He stated one version of fairness is that everyone pays the same. Another version is based on means. They can break themselves into smaller groups but the overwhelming majority will be best served by this approach. He spoke to compensating with homeowner dues. It is complicated and messy but this is utilitarian. He stated the LID is another option 7 08-21-2001 and there are some things that are attractive. Chairman Stone asked why the Special Improvement District instead of the Local Improvement District. Mr. Schultz stated your saving money on interest and at the tax deductibility. There are houses at the top end that will pay more than the assessment. Chairman Stone asked if they have discussed this among themselves. Mr. McCullick stated they were enlightened about the options, but the Board did not give them the opportunity to voice their desires. Chairman Stone suggested that they get together and talk about this before the next meeting. He stated ultimately if the Board does sees fit to move this forward, the ultimate decision is made at the ballot box. He spoke to the Lake Creek Local Improvement District. He stated if the Board were to put this on the ballot there is still an opportunity to defeat it. Mr. McCullick questioned that approach. Chairman Stone suggested they may have to retain an Attorney. Commissioner Gallagher asked if the objector finds relief in this form or in District Court. Mr. Moorhead stated as far as the covenants that would be in District Court. Commissioner Menconi asked how many people are in the homeowners association. Mr. Pettit stated there are 55 homes. Commissioner Menconi asked how they derived the number. Mr. Pettit stated there should be two electors per home. Commissioner Menconi asked for a breakdown between the LID and the PID. Mr. Schultz asked if that is before or after tax Commissioner Gallagher moved to table the file to September 4, 2001, Red Table Acres Improvements District. Commissioner Menconi 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 4,2001. Ch~. ~ 8 08-21-2001