HomeMy WebLinkAboutMinutes 05/30/06
PUBLIC HEARING
May 30, 2006
resent:
Peter Runyon
Tom Stone
Am Menconi
Bruce Baumgartner
Bryan Treu
Kathy Scriver
Chairman
Commissioner
Commissioner
County Administrator
County Attorney
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
Commissioner Stone moved that the Board of County Commissioners go into Executive Session for the
purpose of receiving legal advice on Kelley Trucking contractual issues, the Lammert encroachment agreement,
Freedom Park restroom construction issues, and the Build Green adoption resolution all of which are appropriate
topics for discussion pursuant to C.R.S. 24-6-402(4)(b), Colorado Revised Statutes. Commissioner Menconi
seconded the motion, which passed unanimously. At the close of the discussion, Commissioner Stone moved to
adjourn from Executive Session which was seconded by Commissioner Menconi and unanimously approved.
Consent Agenda
Chairman Runyon stated the first item before the Board was the Consent Agenda as follows:
A. Approval of bill paying for the weeks of May 29, June 5 and June 12,2006 (subject to review by the
Finance Director)
Mike Roeper, Finance Department
B. Approval of payroll for June 8, 2006 (subject to review by the Finance Director)
Mike Roeper, Finance Department
C. Agreement between Eagle County and Donald E. Cohen for the purchase of services in the development of
a community report on early childhood issues and model programs for the Early Childhood Initiative
Kathleen Forinash, Health & Human Services
D. Agreement between Eagle County and Eagle Care Medical Clinic for prenatal health services
Kathleen Forinash, Health & Human Services
E. Agreement between Eagle County Health & Human Services and Vail Valley Salvation Army Service
Extension Unit for services to reduce poverty and improve community health
Kathleen Forinash, Health & Human Services
F. Agreement between Eagle County and Luciana Alves to provide family support through parenting support
groups
Kathleen Forinash, Health & Human Services
G. Application for House Bill 1018 Grant Funds / State Fiscal Year 2007
Kathleen Forinash, Health & Human Services
r. Agreement between Alpine Area Agency on Aging and Eagle County for services under Title III, Part B of
the Older Americans Act
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Kathleen Forinash, Health & Human Services
I. Application for United Way of Eagle River Valley grant funding for adult services
Kathleen Forinash, Health & Human Services
J. Agreement between Alpine Area Agency on Aging and Eagle County for nutrition services under the Older
Americans Act
Kathleen Forinash, Health & Human Services
K. Application for state funds for senior services for the fiscal year 2006
Kathleen Forinash, Health & Human Services
L. Application for Volunteer Center 2006 one time funding
Kathleen Forinash, Health & Human Services
M. Intergovernmental agreement for participation in the Colorado Emergency Fire Fund between County of
Eagle, State of Colorado and State of Colorado: Bill Owens, Governor the Board of Governors of the
Colorado State University System Colorado State Forest Service
Barry Smith, Emergency Management
N. Agreement between Eagle County and the United States Department of the Interior for right-of-way
amendment
Road & Bridge Department Representative
O. Agreement between Eagle County and Adarand Constructors, Inc. for guardrail projects
Road & Bridge Department Representative
P. Change order No.2 to the contract with Martinez Western Construction, Inc. for the fairgrounds utility line
extensions
Engineering Department Representative
Q. Encroachment Agreement between Eagle County and Claude L. Seeman and Penny L. Clough
Attorney's Office 1 Engineering Representative
R. Agreement regarding provision of professional services between Eagle County and Temple Glassier
Ellie Caryl, ECO Trails
S. Resolution regarding the matter of amending the Eagle County Land Use Regulations to promote energy
and material-efficient residential construction practices in Eagle County (Eagle County File No. LUR-
0058)
T. Resolution 2006-055 regarding the approval of the Type A Minor Subdivision for the Palmerosa Ranch;
Subdivision and Off-Site Improvements Agreement for the Palmerosa Ranch; and signature of the
Chairman on the Subdivision Plat Mylar (Eagle County File No. SMA-00028)
Joe Forinash, Community Development
U. Resolution 2006-056 regarding the approval of a Petition to Grant a Variance from the improvements
standards established in section 4-620.B of the Eagle County Land Use Regulations for the Palmerosa
Ranch (Eagle County File No. VIS-0029)
Greg Schroeder, Engineering
Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda.
Bryan Treu, County Attorney stated that Item Q, the encroachment Agreement between Eagle County and
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Eagle County Liquor License Authority
Kathy Scriver, Clerk and Recorder's Office
Consent Agenda
Renewals
A. Summit Food & Beverage LLC
The Summit
This is a renewal of a Hotel and Restaurant Liquor License with Optional Premise in Edwards
(Cordillera). There have been no complaints or disturbances in the past year. All the necessary fees have
been paid.
B. Beaver Creek Food Services Inc.
Saddle Ridge at Beaver Creek
This is a renewal of a Hotel and Restaurant Liquor License in Avon (Beaver Creek). There have been
no complaints or disturbances in the past year. All the necessary fees have been paid.
C. Extended Family Stone LLC
The French Press
This is a renewal of a Tavern Liquor License in Edwards. There have been no complaints or
disturbances in the past year. All the necessary fees have been paid.
D. Eat, Inc.
Eat!
This is a renewal of a Tavern Liquor License in Edwards. There have been no complaints or
disturbances in the past year. All the necessary fees have been paid.
Commissioner Menconi moved that the Board approve the Liquor Consent Agenda for May 30, 2006
consisting of Items A-D.
Commissioner Stone seconded the motion. The vote was declared unanimous.
Other Liquor
APPLICANT:
REPRESENTATIVE:
LOCATION:
STAFF REPRESENTATIVE:
CONCERNS 1 ISSUES:
Rink Productions, Inc.
Jean Dennison, Secretary
26 Avondale Lane, Ste 118-C Avon, Colorado
Kathy Scriver
None
DESCRIPTION:
This is an application for an Optional Premises License (stand alone). This license will allow the applicant to
schedule more than 10 days of events in the Beaver Creek Resort Plaza for the Beaver Creek Plaza Concert Series
each year. The applicant has previously applied for special event permits for these events.
STAFF REPORT AND FINDINGS:
ESTABLISIDNG THE NEIGHBORHOOD
The first order of business is to establish the neighborhood. The Board has been provided with a petition submitted
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Claude L. Seeman and Penny L. Clough and Item R, the agreement regarding provision of professional services
between Eagle County and Temple Glassier would be considered at a later date.
Chairman Runyon stated that Item C and Item S would be pulled from the consent agenda and considered
separately.
Commissioner Stone moved to approve the Consent Agenda, Items A-U. Excluding Item C and S which
will be heard separately and delaying Item Q and R to be heard at a later date.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
Resolution 2006-057 regarding the matter of amending the Eagle County Land Use
Regulations to promote energy and material-efficient residential construction
practices in Eagle County (Eagle County File No. LUR-0058)
Adam Palmer, Community Development
Commissioner Menconi moved to approve Resolution 2006-057 regarding the matter of amending the
Eagle County Land Use Regulations to promote energy and material-efficient residential construction practices in
Eagle County.
Commissioner Runyon seconded the motion. The motion passed by a vote of two to one with
Commissioner Stone voting against.
Commissioner Stone stated that he is not in favor of the resolution and believes a Nexus study should have
been performed. He believes the new building program will generate more money than is necessary to implement
the program. Under the laws of Tabor a County may only levy a certain amount of money for their permits and
fees. Over and above those amounts is considered a tax.
Agreement between Eagle County and Donald E. Cohen for the purchase of services
in the development of a community report on early childhood issues and model
programs for the Early Childhood Initiative
Kathleen Forinash, Health & Human Services
Commissioner Menconi moved to approve the agreement between Eagle County and Donald E. Cohen for
the purchase of services in the development of a community report on early childhood issues and model programs
for the Early Childhood Initiative.
Chairman Runyon seconded the motion. The motion passed by a vote of two to one with Commissioner
Stone voting against.
Commissioner Stone stated that he is a big supporter of studying the needs of the County when it comes to
early childhood issues but, he sees this as part of a campaign for something that goes beyond the scope of what was
originally approved. He believes it's irresponsible to spend money on a survey without knowing what the survey is
going to measure.
Citizen Input
There was none
Commissioner Stone moved to adjourn as the Board of County Commissioners and re-convene as the Eagle
County Liquor Licensing Authority.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
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by the applicant and a summary prepared by me.
Staff recommends the following neighborhood: A two mile radius including but not limited to Beaver Creek
nd Arrowhead. Also included in the two mile radius are all unincorporated areas surrounding Avon.
MOTION:
Commissioner Stone moved that the Board establish the neighborhood to include the area within a two mile
radius from the proposed location, but not limited to Beaver Creek and Arrowhead. Also included in the two
mile radius are all unincorporated areas surrounding Avon.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
NEEDS AND DESIRES OF THE NEIGHBORHOOD
1. All members of the Board have been provided with copies of the petition submitted by the applicant along
with various letters in support of and opposing the issuance of this license. The Board will consider the
reasonable requirements of the neighborhood, the desires of the adult inhabitants of the neighborhood and
whether the existing licenses are adequate to meet these needs and desires, per the Colorado Liquor Code,
Section 12-347-301 (2) (a).
2. This application is in order, all application requirements have been met, all necessary documents have been
received, and all fees have been paid.
3. Public notice has been given by the posting ofa sign in a conspicuous place on the premises, May 18th
2006, and by publication in the Eagle Valley Enterprise on May 11 th, and May 18, 2006.
4. The premises are not within 500 feet of a location for which, within 2 years preceding the application, a
license of the same class was denied for the reason that the reasonable requirements of the neighborhood
and the desires of the adult inhabitants were satisfied by existing outlets.
5. The premises are not within 500 feet of any public or parochial school or the campus of any college,
university, or seminary.
6. These findings have been made known, in writing, to the applicant and other interested parties, five (5) days
prior to this hearing.
STAFF RECOMMENDATION:
All findings are positive and staff recommends approval.
DISCUSSION:
Ms. Dennison stated that with the current event schedule for the year they go to 12 day's.
Commissioner Stone moved that the Board find that there is a reasonable requirement and desire for the
issuance of this license, therefore approve a new Optional Premises Liquor License for Rink Productions, Inc.
based on the testimony, petitions, and evidence submitted today and incorporating the staff findings. Such license is
to be issued upon the written findings and decision of this Board and upon a final inspection of the premises by our
Clerk and Recorder to determine that the applicant has complied with the site information provided today and as
may be required by the Colorado Liquor Code.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
Commissioner Stone moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as
.he Board of County Commissioners.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
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Planning Files
PDA-00064 & LUR-0065 Eaele Vail Detached Garaee
Adam Palmer, Planning Department
NOTE:
Request to table indefinitely
ACTION:
The applicant is requesting a change to the definition for a single family home within the Eagle
Vail PUD Guide which, if approved, would allow for construction of a detached garage upon single
family lots in the Eagle Vail PUD where currently all improvements are required to be included in
one building.
LOCATION: 559 Eagle Drive
STAFF RECOMMENDATION:
Approval
Mr. Palmer stated that it is at the applicants request to table File PDA-00064 indefinitely.
Commissioner Stone moved that the Board of County Commissioners table File Number PDA-00064 &
LUR-0065 Eagle Vail Detached Garage indefinitely.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
, the meetins. was adiourned_unU.illl /un 20,2006
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