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Minutes 09/10/2002 PUBLIC HEARING SEPTEMBER 10, 2002 Present: Michael Gallagher Am Menconi Tom Stone Diane Mauriello Jack Ingstad Earlene Roach Chairman Commissioner Commissioner County Attorney County Administrator Deputy Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Executive Session Chairman Gallagher stated the first matter before the Board was an Executive Session. Commissioner Stone moved the Board adjourn into an Executive Session for the purpose of receiving legal advice and concerning negotiations with the Berry Creek and Edward's Metropolitan Districts concerning a certain inclusion/exclusion agreement which is an appropriate topic for discussion pursuant to c.R.S. 24-6-402(4), Colorado Revised Statutes. Commissioner Menconi seconded the motion. The vote was declared unanimous. The time was noted at 8:50 a.m. Commissioner Stone moved to adjourn from the Executive Session and reconvene into the regular meeting. Commissioner Menconi seconded the motion. The vote was declared unanimous. The time was noted at 9:00 a.m. Consent Agenda Chairman Gallagher stated the next item before the Board was the Consent Agenda as follows: A) Approval of bill paying for the week of September 9, 2002, subject to review by County Administrator B) Approval of the minutes of the Board of County Commissioner meeting of August 20, 2002 C) Grant Application to the Department of Local Affairs under the Colorado Waste Tire Grant Program D) Agreement between the County of Eagle and the Counties of Garfield, Grant, Jackson, Moffat, Pitkin, Rio Blanco, Routt and Summit, concerning a regional public health preparedness project E) Memorandum of Understanding between the Family Visitor Program and the County of Eagle for the Western Slope Learning Group Evaluation Project F) Agreement between Eagle County Health & Human Services and Carolyn Heltzel G) Agreement between Eagle County Health & Human Services and Shannon Dunn H) Contract with M.A. Mortenson for replacement of bus wash flooring in Building D, Eagle County Regional Transportation Authority. Chairman Gallagher asked if the Attorney's Office had any changes to the Consent Agenda. Diane Mauriello, County Attorney, stated there are no changes. Commissioner Stone moved to approve the Consent Agenda as presented. Commissioner Menconi seconded the motion. The vote was declared unanimous. I 09-10-2002 Appeal Hearing, Property Tax Exemptions Diane Mauriello presented the appeal hearing for the Senior Property Tax Exemption Denials. She stated there are a total of five appeals. Commissioner Menconi moved to adjourn as the Board of County Commissioners and reconvene as the Board of Equalization. Commissioner Stone seconded the motion. The vote was declared unanimous. Chairman Gallagher stated these appeals are for senior citizens who were denied exemption from property tax by the Assessor. They are appealing that denial. Jody Caruthers, Eagle County Assessor, stated the first appeal is from Ed Schorsch. She stated they have determined that Mr. Schorsch purchased his property on February 3, 1992. He did not own the property for a ten year period as of January 1, 2002, but will be able to claim the exemption next year. Ed Schorsch, applicant, stated he purchased the property in 1990 but was not issued a deed until 1992. Chairman Gallagher stated he did not have occupancy until after the deadline in 1992. Mr. Schorsch stated he would like the Board to waive the two months by which he missed the deadline. Commissioner Menconi asked about the contract for purchase of the property and what date did he close on the property. Mr. Schorsch stated February 1992. Commissioner Menconi asked if that date qualifies Mr. Schorsch for the exemption. Ms. Caruthers stated the occupancy and residency must be as of January I, 1992. Commissioner Stone stated this is the first year for this law and the Board is trying to make sure to cross the T's and dot the I's. They must follow the law. Mr. Schorsch asked if you lived here for 30 years you don't qualify but if you have lived here for 10 years and have owned your house for that period of time you do qualify. Chairman Gallagher stated they are bound by the law. Commissioner Stone asked how long this exemption lasts. Ms. Caruthers stated once granted it will remain in effect until the property is sold. Commissioner Stone moved the Board uphold the Assessor's determination for denial of the exemption request for Ed Schorsch, exemption number SE-2002-01, schedule number R030526. Commissioner Menconi seconded the motion. The vote was declared unanimous. Ms. Caruthers stated the next exemption request is for Joseph Darlick. Commissioner Stone asked if the Assessor's Office knew why Mr. Darlick was not present. Bruce Strasinger, Attorney's Office, stated after telephone calls it was determined Mr. Darlick resides in New Orleans. Commissioner Stone asked ifthere can be a representative present. Mr. Strasinger stated with a power of attorney, yes. Commissioner Menconi stated it appears that ifhis residence is in New Orleans he would not qualify for the exemption. Ms. Caruthers stated that is the reason for denial. Commissioner Menconi moved to uphold the Assessor's recommendation and deny the exemption request, schedule number R033185, Joseph Darlick. Commissioner Stone seconded the motion. The vote was declared unanimous. Ms. Caruthers presented an exemption request for Darrell Newman. She stated Mr. Newman's house was not built until 1995 and it must have been his primary place of residence since January 1992. 2 09-10-2002 Prior to 1995 Mr. Newman's mail went to Parker, Colorado. Sandra Newman, applicant's wife, stated they purchased the property in 1966 and a mobile home was on the property. She stated they retired in 1991 and intended on living on the property. She stated the applicant's mother was ill and they had to spend part of the time in Kansas. Ms. Caruthers stated a building permit was issued in 1995. Ms. Newman stated the mobile home was moved off the property in early 1996. Ms. Caruthers stated they have a 1994 tax bill that went to Parker, Colorado. Ms. Newman stated they were in Kansas until March 1993, off and on. When not in Kansas they resided in Eagle County. Chairman Gallagher asked about utility bills if Ms. Newman had any of those. Ms. Caruthers asked where the applicant was registered to vote during those times. Chairman Gallagher suggested the Assessor look into this matter further and requested the Attorney's Office do some research and give guidance on what constitutes residency. Commissioner Menconi asked about voter registration and vehicle registrations and if those were acceptable forms of residency. Ms. Newman stated they were living in Parker in 1991. They were back and forth from Kansas and Eagle County in 1992, taking care ofMr. Newman's mother who was terminally ill. Commissioner Stone moved to table appeal number SE-2002-08, schedule number R029233, Darrell Newman to September 17,2002. Commissioner Menconi seconded the motion. The vote was declared unanimous. Ms. Caruthers presented an appeal for Charles Parks. She stated Mr. Parks has owned the residence for the required ten years however their records show that personal property taxes were charged against this unit indicating it was rented for a portion of that time. She stated Mr. Parks mail has always gone to an address in Denver and Mr. Parks was not registered to vote in Eagle County until 2000. Charles Parks, applicant, stated he was registered in Eagle County since 1978. He stated there are no records in the Clerk & Recorders Office beyond 2000. Chairman Gallagher asked ifMr. Parks lived at this address. Mr. Parks stated he has resided at this property since 1978. He receives his mail in Denver at his office. Chairman Gallagher asked ifhis property was rented in the past ten years. Mr. Parks stated he rented the basement for a period oftime but he still resided in his house. Ms. Caruthers stated they do have a card from Mr. Parks indicating he only rents the apartment in the basement. Chairman Gallagher suggested tabling this matter to determine where Mr. Parks registers his vehicles and is registered to vote, drivers license history, etc. Commissioner Menconi moved to table schedule number RO 18149 to September 17, 2002 to look further into Mr. Parks residency. Commissioner Stone seconded the motion. The vote was declared unanimous.. Ms. Caruthers presented an exemption request for Joan Norris. She stated Ms. Norris has lived in the home for the past ten years but personal property taxes were paid on a rental unit. She stated her office has been informed that Ms. Norris has been operating a bed and breakfast for those time periods but has been living in the residence. In that case the Assessor recommends the exemption be granted. Commissioner Stone moved to approve the appeal for exemption request for Joan Norris, appeal number SE-2002-10, schedule number R009240. Commissioner Menconi seconded the motion. The vote was declared unanimous. 3 09-10-2002 Commissioner Stone moved to adjourn as the Board of Assessment Appeals and reconvene as the Board of County Commissioners. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2002-125, Congratulating Vail Resorts and Beaver Creek Chairman Gallagher stated the next item on the agenda is Resolution 2002-125, congratulating Vail Resorts and Beaver Creek for Ski Resort Excellence as ranked number one and number five respectively by Ski Magazine. George Roussos, Asst. County Administrator, read the Resolutions for the record as follows: "Whereas, "Ski Magazine" conducts an annual survey to identify the top ski resorts in North America; and Whereas, this survey is conducted by an independent research firm hired by the magazine; and Whereas, the October 2002 issue of "Ski Magazine" has ranked Vail as the top ski resort and Beaver Creek as the number 5 ski resort; and Whereas, Beaver Creek has had a particularly impressive climb in the rankings of the top North American ski resorts; and Whereas, Eagle County recognizes the importance of the ski industry to the vitality and economy of Eagle County. Now, therefore be it resolved by the Board of County Commissioners of the County of Eagle, State of Colorado; That, Eagle County congratulates and honors Vail Resort and Beaver Creek for excellence in the ski resort industry as evidenced by their number one and number five rankings in "Ski Magazine." Moved, Read and Adopted by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 10th day of September 2002." Commissioner Menconi moved to approve Resolution 2002-125, congratulating Vail Resorts and Beaver Creek for Ski Resort Excellence as ranked number one and number five respectively by Ski Magazine. Commissioner Stone seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Cliff Simonton, Planner, presented the following plats and resolutions for the Board's consideration: Resolution 2002-126. to Approve a Special Use Permit for the Crawford Commercial Buildine (Eaele County File No. ZS-00101). The Board considered the Applicant's request on September 3rd, 2002. Commissioner Stone moved to approve Resolution 2002-126, to approve a special use permit for the Crawford Commercial Building, file number ZS-OO I 0 I. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Stone 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. Rancho Viejo Restaurante & Bar Brian Treu, Asst. County Attorney, stated as most are aware, there was a hearing on the liquor 4 09-10-2002 license for Rancho Viejo Restaurante & Bar on August 27,2002. The requirements for most liquor license hearings require a notice in the paper and some to post the premises. On a renewal the Statutes require a notice be sent in the mail and the premise be posted. We did not post this premise. Therefore, this is a new hearing in which everything will be again presented as if the first hearing did not happen. Earlene Roach, County Liquor Inspector, presented a renewal of a hotel and restaurant license for Rancho Viejo, Inc., d/b/a Rancho Viejo Restaurante & Bar. This is the first renewal for this applicant. He has owned the establishment for one year. The reason this applicant is coming before the Board is the number of complaints and disturbances reported in a one year period. There are fifteen (15) and there are as follows: 1 report concerning drugs 4 reports of possible over service 3 reports for underaged drinking I report of noise and parking complaint 6 reports disorderly / noise complaints The renewal standards are as follows: C.R.S. 12-47-302 provided that the local license authority may conduct a hearing after proper notice to determine if an application for renewal should be granted. The legislature has given this Board wide discretion to make such a determination based on the facts and circumstances of each particular case. This Board may reject a renewal application for "good cause" which is defined as: a) licensee's violation or failure to comply with the rules and regulations set forth in the Colorado Liquor Code; b) licensee's failure to comply with special terms or conditions that were placed on its license in prior disciplinary proceedings or that arose in the context of potential disciplinary proceedings; and c) evidence that the licensed premises have been operated in a manner that adversely affects the public health, welfare or safety of the immediate neighborhood in which the establishment is located, which evidence must include a continuing pattern of fights, violent activity or disorderly conduct. There is members of the public in attendance, plus statements from those who could not be present. Also included is a statement from the owners of the Amber Building in Riverwalk. Ms. Roach stated fifteen complaints or disturbances in any year is too many. She has spoken with the applicant on three separate occasions and tried to give him ideas on how to control his establishment, i.e minors, staffing, too many customers at one time, not allowing others to hang out in the parking lot, etc. Apparently that has not worked. After speaking with Deputies from the Sheriff s Office staff informed Mr. Parra that things were not going well and he needed to make some changes. Staff has spoken with residents and other business owners in Riverwalk who all seem to have a problem with this establishment. Members of the community and Deputies from the Sheriffs Office are present to speak. Also the applicant has people he would like to have speak. Also included in the Board's packets are letters from those who could not be present today. There is competent evidence of a continuing pattern of fights, violent activity and disorderly conduct at this establishment. This Board has good cause to find that the premises have been operated in a manner that adversely affects the public health, welfare, or safety of the immediate neighborhood and deny the renewal. Staff recommends denial of this application. Chairman Gallagher asked if the applicant and his Attorney have had a chance to review the newest complaints and the letters. Dan Wolf, Attorney representing the applicant, stated he has. Chairman Gallagher asked the Sheriff s Office be the first to testify. Russ Papke, Eagle County Sheriffs Deputy, stated he was currently assigned to area 3, which is the Edwards area. He stated he believes they respond to Rancho Viejo more than any other restaurant or bar in the area. He stated he personally spoken with Mr. Parra on more than one occasion about having 5 09-10-2002 too many people in the establishment at one time. He stated there is a posted limit. He stated he has also spoken with the owner about over service. He stated when taking those out that were fighting, there are hoards of people coming out that have obviously been over served. He stated Mr. Parra has always been cooperative in saying he will fix the problems but they are present again next week. He stated he asked dispatch to run the cad notes and related they have been at the establishment 70 times just on bar checks. Obviously the Officers are seeing a problem. They have had three times as many call outs than the other three bars in the area. Chairman Gallagher asked about the behavior of those individuals coming out of the bar that led this officer to believe they were intoxicated. Deputy Papke stated as an example, he arrested someone for fighting who could not even remember his name or his address. He really could not speak. While he was there were other people coming out indicating they needed water, walking unsteadily, red eyes, etc., a lot of the same things they look for with DUI stops. Mr. Wolf asked on the occasions Deputy Papke was in Rancho Viej 0 and perceived there were too many people, did he ever count the numbers. Mr. Papke answered no. Mr. Wolf asked about possible over service, and if the employees of Rancho Viejo had been witnessed serving someone that was intoxicated. Mr. Papke stated no but he did speak to the owner and an employee, who indicated she had not served that gentleman but had served his friend who had given him the alcohol. He stated that indicates to him that they do not understand the concept of running a bar. They would still be the responsible party. Mr. Wolf asked if it was possible that the employee did not know the alcohol was going to be given to the intoxicated gentleman. Mr. Papke answered yes. Mr. Wolf asked on the bar checks, they are initiated by the Sheriff s Office. Mr. Papke stated yes they are. A bar check does not necessarily go against the bar. It is stopping in to see in everything is fine. He stated he has done more bar checks at Rancho Viejo than any other bar because he perceives it as a problem bar. Mr. Wolf spoke to a fight Mr. Papke responded to and ifhe had witnessed that fight. Mr. Papke answered no. Justin Clark, Eagle County Sheriffs Deputy, stated he has been to Rancho Viejo doing bar checks. One incident he was there for a fight in which the two were in the process of hitting each other and were pretty well beat up. He stated he arrested one gentleman leaving the parking lot who was very intoxicated and related he had been drinking at Rancho Viejo. He stated they go in on nights they have their dances to check it out and let their presence be known. Chairman Gallagher asked if there was reason to believe the two gentleman had been in Rancho Viejo. Deputy Clark stated both gentlemen related they had been in Rancho Viejo drinking. He stated the fight was over a girlfriend. Commissioner Menconi stated part of what the Board is listening to is that there is a problem when the dances are held. He asked if Deputy Clark had worked any of those nights. Deputy Clark stated he has. Commissioner Menconi stated they have heard testimony there is a lot of noise and parking problems when the dances are held. He asked if this was the case. Deputy Clark stated there are some businesses and residents that have units above this establishment who have called to complain about the noise. He stated the complaints are not just for the night of the dances but other nights also. He stated it is definitely a point in the night to make a stop at this establishment. 6 09-10-2002 Commissioner Menconi asked if Deputy Clark also works the Wolcott area and if on Friday's is there the same type of problem at that establishment. Deputy Clark stated the problem comes from management. He stated he cannot remember any responses at the Wolcott area during one of their parties. Commissioner Menconi stated there was another restaurant in the Riverwalk area who used to dances. He asked if they had problems with that establishment. Deputy Clark stated they did not have any problems at Peppers. He stated that owner contracted through the Sheriff s Office to provide security. Mr. Wolf asked if all the times he was called to Rancho Viejo if those were on the nights they were holding a dance. Deputy Clark answered yes. Mr. Wolf asked about the Dill arrest and ifhe knew the disposition of that case. Deputy Clark stated he did not. Mr. Wolf asked if Deputy Clark knew that individual was over served by Rancho Viejo. Deputy Clark answered he did not. Ken Wilson, Captain, Eagle County Sheriff s Office, stated he has not had direct involvement with the establishment but rather with his Deputies and citizen complaints. He stated two months ago the applicant called to complain that the Deputies were harassing him. He stated the Deputies were going into the restroom looking for someone. He stated after further checking, he explained the situation to Mr. Parra and why the Deputies do what they do. He stated Mr. Parra did not believe that the Deputies needed to be in the bar and in particular in the restrooms. He stated Mr. Parra stated he felt he was being picked on because he was a Hispanic businessman. Captain Wilson stated he has had many concerns with the Deputies going into the establishment. Mr. Wolf asked if Captain Wilson had direct involvement with the establishment. Captain Wilson stated he was not on scene but does direct all Deputies. Mr. Wolf stated Mr. Papke has related the Deputies have performed 70 bar checks. Would he say that was an unusually high number. Captain Wilson answered yes. Chairman Gallagher asked why the Deputies do such a high number of bar checks at this estab lishment. Captain Wilson stated because of the activity that goes on in the bar and they need to keep close tabs on activity in the parking lot. Chairman Gallagher asked if that was based on the reports. Captain Wilson stated yes and it is also based on their own observations and those items there are no reports for. Mike Bosley, Sargent, Eagle County Sheriffs Office, stated he first received a call from Mr. Parra to arrange for security and he requested the Deputies on scene at the bar. He stated he explained the procedure and related it would take two deputies, based on the number of people. He stated he also informed Mr. Parra it would be $35.00 per hour. He had related the Officers would be doing a lot of foot patrol both inside and outside of the bar. Initially Mr. Parra had only wanted one Officer. He stated Deputies worked over time at the bar on several occasions. After a period of time he received a call from Mr. Parra indicating he wanted to cut back to one Deputy. It was again explained why two Deputies were needed. It appeared that Mr. Parra wanted more personal type duties rather than law enforcement duties. Mr. Bosley recommended Mr. Parra pursue a private security company. At this point Mr. Parra hired Eagle Access Security Company. Mr. Wolf asked if Mr. Parra contacted the Sheriff s Office to secure some officers for the estab 1ishment. Sargent Bosley answered yes. Mr. Wolf asked if it was the recommendation of the Sheriff s Office that Mr. Parra hire a private 7 09-10-2002 security company. Sargent Bosley answered yes. Chairman Gallagher asked ifhe made that recommendation because they did not want the Deputies there or ifit was not consistent with the Sheriffs mission. Sargent Bosley stated it was his opinion, after speaking with the Deputies, that they had legitimate concerns, the first being Officer safety. That many people in an establishment can be dangerous, especially when alcohol and intoxication are involved. That was a concern. That number of officers working would only go up to make a safe environment. Also, it did not agree with the policies and procedures and they were becoming a private security company rather than enforcement ofthe law. Chairman Gallagher asked how many people is he referring to. Sargent Bosley stated he does not have an exact number but in conversations with officers, it can be dangerous with the numbers of people there. Some have indicated it can be over crowded. Chairman Gallagher asked if they had some reason to believe that the owner of the establishment was less interested in conforming with the law and more interested in the parking lot arrangement. Sargent Bosley stated that was his opinion after four times of being there. He stated the landlord was dissatisfied with the service the Officers were providing. He stated he offered to meet with the applicant and the landlord to discuss the duties of the Officers. He stated that meeting did not happen. Mr. Wolf asked while they were providing security were they being paid by Rancho Viejo. Sargent Bosley answered yes. Mr. Wolf asked if they were off duty. Sargent Bosley answered yes. Chairman Gallagher asked about those present who testified last week and those who were present today to testify. Mr. Wolf stated the applicant has approximately 10 individuals who wish to testify for the applicant. Chairman Gallagher stated he would like to continue this meeting to later in the day. Mr. Wolf stated they would stipulate that those here to testify that spoke at the last hearing, they would accept the testimony from the previous hearing. He stated he is only speaking about those who were at the last hearing. Mr. Treu suggested those people come down and identify themselves for the record and they can be dismissed. Chris Schuck, Eagle Access Security, stated he did speak at the previous hearing. He stated he has witnessed the Sheriff s Department go above and beyond the call of duty to help Mr. Parra out. He stated he takes offense to this being a "working mans bar". He stated he himself is a working man. He stated he provides security at a number of Hispanic dances and nothing occurs like what goes on at this bar. Commissioner Menconi stated at the last hearing Mr. Schuck made the statement that there was a change in relationship between his company and the bar because he had made demands to be paid in cash. Mr. Schuck stated on two separate occasions, his company was contacted while he was out of town. He was under the assumption these were the dances that would be taking place at Riverwalk. He stated he was again contacted and hired by Hans Oberlohr but he was paid by Mr. Parra. He stated there were times when his people were paid in cash but he was not aware of it. Commissioner Menconi asked if he had made demands they be paid in cash. Mr. Schuck stated on the third or fourth occasion they were there, the owner pulled out a check from his pocket that was ripped and tom and looked very old. At that time he related he would not accept that check and wanted cash. He stated they also related they would not be back. Commissioner Menconi stated that is when their work with the applicant was discontinued. Mr. Schuck answered yes, and related the employee who accepted the job no longer works for his 8 09-10-2002 company. Christine Script, Property Manager for Slifer Management Company, stated they are the property managers for Riverwalk at Edwards. She stated they have 59 employee units and they are definitely a working class neighborhood. She stated some of the homeowners have relayed they like the restaurant at Rancho Viejo but there are too many problems with alcohol, parking, intoxication and not letting them live in peace and harmony. Mr. Wolf asked if Ms. Script was aware that Rancho Viejo has ceased holding the dances. Ms. Script answered no. Mr. Wolf asked if there had been complaints from the home owners since August 27, 2002. Ms. Script stated she is still receiving complaints concerning parking. Mr. Wolf asked if she had received any noise complaints. Ms. Script stated she personally does not get the complaints but rather it goes through the Security Company. She stated she has not received any calls. Debbie Christner, stated she is owner of a unit at Riverwalk and also works for Eagle Two Developers. Chairman Gallagher asked if she had any new testimony today. Ms. Christner answered no. Ms. Script stated they have had problems over the past weekend in which people had over imbibed and had to relieve themselves in an ineffective place. Chairman Gallagher stated the hearing will be continued until 1 :30 p.m. today. Savory Inn and Cooking School Earlene Roach presented a new application for a private Hotel & Restaurant License located at the Black Bear Inn, in West Vail. The first order of business is to establish the neighborhood. Staff recommends from the establishment in a 2 mile radius. The next item is to establish the needs of the neighborhood. You have a petition consisting of 124 signatures. Also included is a managers registration for Cindy Clement. The Board has packets containing maps of the premises and the alcohol management plan. Staffhas no concerns with this application. The application is in order. All fees have been paid. All applicants are reported to be of good moral character. Commissioner Stone moved the Board establish the neighborhood as from the establishment in a 2 mile radius. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Menconi was not present at this time. Ms. Roach stated the next order of business is to establish the needs of the neighborhood. She stated she has submitted a petition consisting of 124 signatures. Commissioner Stone moved the Board establish the needs of the neighborhood as evidenced by the submitted petition and testimony given. Commissioner Menconi seconded the motion. The vote was declared unanimous. Ms. Roach stated also included in this application is a managers registration for Cindy Clement. All applicants are reported to be of good moral character. Nancy Hasset, applicant, was present for the hearing. She explained the location of the establishment. Chairman Gallagher asked about Ms. Hasset's experience in the restaurant business. Ms. Hasset stated she has not ever been in the restaurant business. Chairman Gallagher asked if she had any experience in the liquor business. Ms. Hasset stated she did not. Chairman Gallagher stated the County does take the licenses very seriously and holding a liquorn 9 09-10-2002 license is a privilege and not a right. Ms. Hasset stated they essentially are going to be a cooking school and still utilize the rooms for a bed and breakfast operation. She stated they will accept applications to the cooking school from anyone and also guests can participate in the classes. They will be serving things like wine to those participating in the classes and preparing their dishes. Once in a while the public will be invited to a meal that has been prepared by the students. Commissioner Stone stated he met the chef at the Freedom Ranch opening and the food was very good. He stated he has no problem with approving this license with their current plans. He recommended the Alcohol Management Plan speak to TIPS training. He recommended the applicant have a copy of the Colorado Liquor Code on premise. Commissioner Menconi move the Board approve a new Hotel & Restaurant license for Cooking Inns Inc d/b/a Savory Inn & Cooking School. Commissioner Stone seconded the motion. The vote was declared unanimous. Ms. Hasset stated Ms. Clement could not be present today and has worked and lived in this community for several years. She stated she does not have experience with alcohol licenses. Commissioner Stone recommended the applicant continue to work with Ms. Roach and take her recommendations to heart. He stated the County is trying to protect everyone. Commissioner Stone move the Board approve the managers registration for Cindy Clement for Cooking Schools Inc d/b/a Savory Inn & Cooking School. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Menconi seconded the motion. The vote was declared unanimous. Governor's Colorado Cares Volunteer Award Chairman Gallagher stated the next matter before the Board is presentation of the State wide Governor's Colorado Cares Volunteer Service Award. He stated this award is being presented to Ann Muncaster. He stated they are honoring one of the volunteers who is one of eleven volunteers in the state to receive a Colorado Cares Award on the State level. He stated Ann Muncaster has been recognized by the Governor for her volunteer work in the field of Education. During a ceremony at the Governor's Mansion, Governor Bill Owens said "We celebrate your outstanding, service, leadership and civic involvement. On behalf of my fellow Coloradans, especially those who live in the communities which you have served so honorable, thank you for making a difference in Colorado." Commissioner Stone stated unfortunately Ms. Muncaster was unable to attend the ceremony and the Commissioners are honored to present her with her award as well as a bear donated to this year's winners by an organization who won a Colorado Cares Award in 2001 and a t-shirt from the Department of Local Affairs. Ms. Muncaster is a Retired and Senior Volunteer Program volunteer who donates her time and education skills through many non-profit agencies to Eagle County. This former teacher uses her skills to tutor 4th grade students at St. Clair of Assisi School. She also spends countless hours tutoring at the Colorado Mountain College in the English as a Second Language preschool program and the Family Literacy Project. Ms. Muncaster helps to remove obstacles that would otherwise be insurmountable for her students by providing them the extra education they need to succeed. She also finds time to assist elderly persons in the Minturn community and volunteers as a victim's advocate for the Eagle County Sheriff s Department. Ann is an all around great volunteer and Colorado Citizen and is an asset to her state and community. The Board presented Ms. Muncaster with her awards including a certificate from the Sheriffs 10 09-10-2002 Office and dinner for two at Outback Steakhouse. Resolution 2002-127, Patriot Day in Eagle County Chairman Gallagher presented Resolution 2002-127 declaring September 11, 2002 as Patriot Day in Eagle County, specifying that the flag of the United States be display at half staff and recommending that the Eagle County citizens observe a moment of silence in honor of the individuals who lost their lives as a result of the terrorist attacks against the United States that occurred on September 11,2001. Commissioner Stone read the resolution for the record as follows: "Whereas, the tragic events of September II, 200 I resulted in thousands of innocent lives being lost on that day; and Whereas, the events of September II th altered our lives, the life of this Nation and the world; and Whereas, the acts of hatred towards the United States of America strengthened our Nation's resolve and determination, which resulted in a renewed Spirit of Patriotism; and Whereas, these horrific events affected all Americans, who with courage carried on with the regular activities of their lives. Now, therefore be it resolved by the Board of County Commissioners of the County of Eagle, State of Colorado; That, the Eagle County Board of County Commissioners declares September 11, 2002 Patriot Day in honor of the individuals who lost their lives as a result of the terrorist attacks against the United States that occurred on September II, 2001. That, the Eagle County Board of County Commissioners display the flag of the United States at half-staff on Patriot Day in honor of the individuals who lost their lives as a result ofthe terrorist attacks. That, the Eagle County Board of County Commissioners recommend its citizens observe a moment of silence on Patriot Day in honor of the individuals who lost their lives as a result ofthe terrorist attacks against the United States that occurred on September II, 2001. Moved, read and adopted by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 10th day of September 2002." Commissioner Stone moved to approve Resolution 2002 -127 declaring September 11,2002 as Patriot Day in Eagle County, specifying that the flag of the United States be display at half staff and recommending that the Eagle County citizens observe a moment of silence in honor of the individuals who lost their lives as a result of the terrorist attacks against the United States that occurred on September II, 200 I. Commissioner Menconi seconded the motion. The vote was declared unanimous. Rancho Viejo Restaurante & Bar Chairman Gallagher stated the Board will now resume the renewal application for Rancho Viejo, Inc., d/b/a Rancho Viejo Restaurante & Bar. Marguarite Day, area resident and business owner, stated she has businesses directly above Rancho Viejo. She stated she has had nothing but problems since this establishment opened. She stated her problems relate to parking, noise and restaurant patrons. She stated the patrons will sit outside in their cars and will park behind the building in the private parking spots. In the lease they were to have no live music but they do anyway. She stated she has had pictures fall off her walls because ofthe bass in the music they play. She stated she has had encounters with the owner about parking situations. Before this restaurant opened Mr. Parra agreed to keep his patrons out ofthe four parking spaces in front that are for the businesses on the upper level. Ms. Day stated she has had a confrontation with the owner. She stated the music gets so loud she cannot stay in the building. She stated she highly disapproves of the restaurant and how it is managed. The powership and the control over the music is 11 09-10-2002 terrible. She related Mr. Parra will not listen when you ask to turn down music or move cars. She asked the Board not renew the license. Chairman Gallagher asked Ms. Day to describe the confrontation. Ms. Day stated a customer came to her frame shop and said that somebody had told her she could not park in front of the building. She had an arm load of stuff and was approximately 60 years old. She related she immediately went to Rancho Viejo and related the four parking spaces were for the upstairs units. There were only three cars in the parking lot when Mr. Parra told her she could not park there. Commissioner Menconi asked about Ms. Day's hours. Ms. Day stated she also owns Sticky Green. She stated she helps customers during the day and gets the work done at night. Commissioner Menconi asked if most ofthe problems are in the day or at night. Ms. Day stated they are at night. Commissioner Menconi asked if she owned her businesses when the previous restaurant was there. Ms. Day answered yes. Commissioner Menconi asked about the difference between the two restaurants. Ms. Day stated everything is different. She stated the music, the bass beat penetrates through the floor. Commissioner Menconi asked about the music at night. He stated he is trying to establish if this is going on from the time they open their doors to when they close or are there certain times. Ms. Day stated sometimes during the day they will turn the music up and it is usually on Saturday. She stated when Champions was there she did not have problems. Mr. Wolf asked about her Sticky Green business. Ms. Day related it was a head shop. Mr. Wolf asked if she lives at this business. Ms. Day answered she is there 12 or 13 hours per day. Mr. Wolf asked if she had seen a copy of the lease for Rancho Viejo. Ms. Day answered no. Mr. Wolf asked if she knew that it guarantees Rancho Viejo 14 parking spots. Ms. Day stated there are 18 parking spaces in front and then the entire other side of the parking lot. Mr. Wolf stated he would take that as a no. He asked if she would like to see Rancho Viejo closed. Ms. Day answered yes. Mr. Wolf stated he is going to invite the supporters to come forward and speak, then he will have closing comments. Rick Adams, Lone Star Security Services, stated they are the company that took over after Eagle Access Control. He stated they were originally hired for the parking lot issues. He stated they handled that quite quickly and efficiently. After a certain issue they also became the security force for inside the restaurant. He stated the incidents either diminished or decreased rapidly. He stated one of the Deputies he has seen only three times and one of the other ones he has never seen. He stated there are other Deputies who indicate they do a good job and those were not present today. He related Mr. Parra is trying to make sure he is abiding by the rules to become a member of the community. Chairman Gallagher asked if Mr. Adams was telling the Board that there have been no offenses or illegal activity at that establishment in June, July and August. Mr. Adams stated he is not saying there have been no incidents but that they have dropped dramatically. He stated there was a comment in the paper that this establishment was worse than Champions. That is not true. They have had only two incidents and numerous ones that did not happen. There is not the altercations that there were in the past. He stated his officers inside the establishment 12 09-10-2002 did not see a bottle hitting someone as indicated in the report. He stated there are things being said that are not true. Chairman Gallagher asked if Mr. Adams was accusing the Deputies of lying. Mr. Adams related no. He stated the Deputies are trying to find out what happened by speaking with several individuals. What he is saying is that his officers never saw a bottle. Chairman Gallagher asked about Mr. Adams law enforcement background. Mr. Adams stated he has been involved with private security for about 14 years, and prior to that in college as a doorman. Chairman Gallagher asked Mr. Adams how long he had been in Colorado. Mr. Adams answered four years. Chairman Gallagher asked about his familiarity with the Colorado Liquor Code. Mr. Adams stated he is somewhat familiar with it but not as familiar as Ms. Roach is. Ms. Wolf asked during the time Mr. Adams spent at Rancho Viejo has he seen anyone being over served alcohol. Mr. Adams stated he has not. Mr. Wolf asked if he had ever seen a minor being served. Mr. Adams answered no. Commissioner Stone asked by what basis does Mr. Adams have for knowing when someone has been over served, i.e TIPS training. Mr. Adams stated he has been TIPS trained and has worked in this industry for the past 14 years. He stated some of the items stated by Mr. Schuck were less than truthful. He wants the truth to be known and that is why he is here. Chairman Gallagher stated he is calling one of the former witnesses a liar. Mr. Wolf stated he has not prompted this witness and he is here on his own behalf and offering the testimony that he sees that is appropriate. Bo Faulkner, area resident, stated he lives above the establishment. He stated there are three other apartments and he does not have a problem with the noise. He stated he was doing security at the time when Mr. Adams was hired. He stated he was trying to be security for the inside. He stated he has noticed that the incidents have decreased. He does not have a problem with the noise. He stated he has no complaints as long as the security company is there. Miguel Blanco, stated he is the DJ. for Rancho Viejo and also has a Spanish radio station. He asked what will happen if this establishment is closed. The Sheriffs Office will become busier because there will be nothing for the Spanish community. Everyone will be having their own parties rather than having everyone having a good time in one place. He stated he has not seen any big problems. They would like to live in peace. He stated since Rancho Viejo why have all the businesses started complaining. He stated Rancho Viejo is the only one there that is open late. He asked where the other Deputies were that like Rancho Viejo and think they are doing a good job. He did not see them here. He stated there were problems at Peppers but others say there is no problem. He stated he is not against anyone but is against the rules. What will happen to our community. He stated the revenue ofthe alcohol is 80% of his income. Chairman Gallagher asked about not renewing the license and having more problems. He asked what kind of trouble there will be. Mr. Blanco stated at Rancho Viejo they can go to be with other people but it is harder for younger people to drink. If they are going somewhere on their own, everyone will start drinking more. He stated there will be fights, people will be drinking more. The problems will happen at Eagle River Village. He stated the problems there have stopped since Rancho Viejo opened. Chairman Gallagher stated his question is should the problems all be at Rancho Viejo rather than some other place. Mr. Blanco stated yes. All the problems should be at one place. There are no problems because 13 09-10-2002 there is security there and they know what then can and can't do. Chairman Gallagher asked what the community did before Rancho Viejo. Mr. Blanco stated there used to be social parties at the Fairgrounds. He stated because they have a different culture and are used to partying until 4:00 a.m. or 5:00 a.m. He stated they can't use the Fairgrounds because there was a lot of complaints and they are not allowed to continue until they want but have to close at 9:30 p.m. Chairman Gallagher asked ifhe thought it was a good idea to close at midnight. Mr. Blanco stated yes and to not have the Sheriff s Officers abusing their powers. He stated he has seen some Sheriff s Deputies abusing their powers. He gave an example. Chairman Gallagher asked ifhe recommended ifthe license was renewed should Rancho Viejo should close at midnight. Mr. Blanco answered yes. He stated as far as noise complaints, he bought certain equipment that does not allow the noise to go outside. Antonio Parra, bartender at Rancho Viejo, stated they did take TIPS classes and does not believe they have over served since they opened. He stated they turn away drunks at the door. He stated he has not seen any fights but will not argue. He stated since he has been there he has not over served anyone. He stated it is a great place. They try to get everyone to come in. He stated he has spoken with several people and they believe it is a great place. There will always be people who do not like us but that is the way it is. Since they hired the new security company the problems have decreased. He stated they have been trying hard. He stated they will keep working harder and harder. He stated they do not want to hurt anyone. Chairman Gallagher asked for the diagram of the premises. He asked Mr. Parra what problems there were before. Mr. Parra stated ifthere were any fights that would be why they hired the security people. Chairman Gallagher stated if there were fights Mr. Parra did not see them. Mr. Parra stated he did not see any fights. Chairman Gallagher asked how many wait staff they have. Mr. Parra stated two or three, a busser and two security people. Chairman Gallagher asked how many people do they employ that take drinks from the bar to the tables. Mr. Parra answered one, sometimes two. Mr. Wolf stated maybe the owner is better equipped to answer these questions. Chairman Gallagher thanked Mr. Wolfbut his questions relate to what the bartender can observe. Of the twenty tables, how many can Mr. Parra see. Mr. Parra stated they do not have any tables in the bar side but have them on the other side. He stated there is a dance. Mr. Wolf stated when the dances are being held, the non booth tables, the other tables are removed from the premises. Chairman Gallagher asked if the tables are only removed on the nights of the dances. Mr. Parra answered yes. Chairman Gallagher asked if Mr. Parra knows if an underaged person was drinking in the other room. Mr. Parra answered he did not serve an underaged person. Chairman Gallagher asked ifhe knew what happened on the other side. Mr. Parra stated when they are ID'd at the door, they are given a wrist band ifthere are old enough to drink. Chairman Gallagher asked when that started. Mr. Parra answered since they started having dances. Mr. Wolf asked while Mr. Parra has been the bartender at Rancho Viejo, has he ever over served 14 09-10- 2002 anyone. Mr. Parra answered no. Mr. Wolf asked if Mr. Parra had ever served a minor alcohol. Mr. Parra answered no. Carla Haggart, employee of the Clerk's Office, introduced herself and related she was present as an interpreter. Elsa Parra, employee of Rancho Viejo, was present and spoke. Her testimony was translated as follows by Ms. Haggart: "When Rancho Viejo was doing the dances she worked the door and did not see any problems. Since they have started the dances they made sure there was always security present and she did not see any problems. They always had security inside and out. The Sheriffs Officers speaking today she has not seen at the establishment." Carmen Parra, wife of the applicant and chef, was present for the hearing and had her testimony translated. Her testimony is as follows: "Laura, the health inspector had inspected the kitchen and related it was very clean. She was present to let the Board know this." Commissioner Menconi informed the applicant the submitted proposal for possible changes was not acceptable to him. Closing two hours early was not going to make a difference. The Board concurred to take a break and allow the applicant and his attorney time to confer. After a brief conference, Mr. Wolf related they will stipulate the hours of operation will be from 7:00 a.m. in the morning and close at 10:00 p.m. seven days per week. They are not sure that will leave a viable business but they are willing to give that their best efforts. He stated they cannot imagine there would be problems. He asked they be allowed to get the license back and stipulate a condition being attached. He stated this will give the Board a show cause mechanism. Commissioner Stone asked what are the conditions the Board can hold a show cause hearing. Ms. Roach stated the Board can hold a show cause for any violation or disturbance. Mr. Treu stated it can be one incident and it can also be a violation of the stipulation. Commissioner Stone asked ifMr. Parra understood the question. He stated the Board cannot give a license for a shorter period of time as they are issued for a one year period. However, the Board can hold a show cause hearing for one incident. Mr. Parra stated he does understand. He stated those hours mean the establishment will become a family restaurant like Fiesta's. It will not be a bar any more. At this time in the hearing the recording machine ran out of tapes and the Clerk to the Board was testifying and could not put in a new tape. Commissioner Stone stated in the interest of trying to work with the applicant, that would be a significant enough of a change to give the applicant a rare second chance. He stated ifthere is any incident that would prompt a show cause hearing, the applicant can guess what the outcome will be. Just because the hours are changing, the owner must make sure that no further incidents happen. He asked about the other stipulations the applicant was proposing. Mr. Wolf stated the other stipulations are not needed given the early closure of 10:00 p.m. The Board concurred. Commissioner Stone moved the Board approve the renewal of a hotel and restaurant license for Rancho Viejo, Inc., d/b/a Rancho Viejo Restaurante and Bar, with the stipulation the operating hours, as offered by the applicant, will be from 7:00 a.m. in the morning until 10:00 p.m. seven days a week. Commissioner Menconi seconded the motion. In discussion, Chairman Gallagher informed the applicant the hours being limited only apply to alcohol service. They are welcome to keep the restaurant open past 10:00 p.m. if they choose, but without alcohol. Chairman Gallagher called for the question on the motion. The vote was declared unanimous. 15 09-10-2002 Commissioner Stone moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 1041-0043, Donovan Cliff Simonton presented file number 1041-0043, Donovan. He stated as you recall, the Board made positive findings at its meeting of July 30,2002, but closed the file without approval pending a change in the means by which sanitary sewer would be handled for the project. The Applicant had proposed 20 individual grinder pumps and a low pressure sewer system maintained by the Homeowner's Association, the Board instead suggested a single lift station maintained by the Eagle River Water and Sanitation District. The Applicant has since found a way to serve the site with a gravity flow sewer system, utilizing existing easements through the Logan Park PUD to the west. No lift station will be required. This same sewer line will eventually serve the Logan Park PUD, and the property owner, Mr. Oran Palmateer, has agreed in principle to its installation. The Eagle River Water and Sanitation District has reviewed the proposal, and has granted conditional approval to the new construction drawings. Leslie Hope, representing the applicant, reviewed the new system for the Board and stated she has met the the Upper Eagle River Water & Sanitation and the slopes on the site meet their requirements. Chairman Gallagher asked for public comment. There was none. Commissioner Gallagher asked if there was interference with the bridge. Helen Migchelbrink, County Engineer, replied there were no problems. They have worked closely together and there will be no problems with the bridge. Commissioner Stone moved the Permit Authority approve File No. 1041-0043, Donovan, incorporating Staffs findings, with the following conditions: I. Except as otherwise modified by the Permit, all material representations of the applicant in this permit application, correspondence, and public meetings shall be adhered to and considered conditions of approval unless otherwise amended by other conditions. 2. Development of the site must adhere to provisions of the Stormwater Management Plan dated February 21,2002 and amended June 20, 2002. 3. Development of the site must adhere to recommendations for site landscaping submitted by Rick Olsen, Natural Resources Conservation Service, dated 4/17/02. 4. Development of the site must adhere to recommendations set forth in the memoranda dated May 8,2002 from Northwest Colorado Council of Governments and dated July 17, 2002 from Eagle County Engineering. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. LUR-0038, Local Resident Housing Requirements LUR-0039, Inclusionary Housing LUR-0040, Residential Employee Housing Linkage LUR-0041, Commercial Employee Housing Linkage Rebecca Leonard, Senior Planner, presented file numbers LUR-0038, Local Resident Housing Requirements, LUR-0039, Inclusionary Housing, LUR-0040, Residential Employee Housing Linkage and LUR-0041, Commercial Employee Housing Linkage. Commissioner Stone requested these items be tabled due to the lack of time to properly hear 16 09-10-2002 these files. Ms. Leonard replied October 22, or November 12 would be an appropriate time for these files. Commissioner Stone moved to table files LUR-0038, Local Resident Housing Requirements LUR-0039, Inclusionary Housing, LUR-0040, Residential Employee Housing Linkage, LUR-0041, Commercial Employee Housing Linkage to October 22, 2002. Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until September 17,2002. Attest: Clerk to the Boa U (/ /// 17 09-10-2002