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Minutes 05/12/09 PUBLIC HEARING May 12, 2009 Present: Sara Fisher Peter Runyon Jon Stavney Keith Montag Bryan Treu Robert Morris Teak Simonton Kathy Scriver Chairman Commissioner Commissioner Acting County Manager County Attorney Deputy County Attorney Clerk to the Board 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 There was none. Consent Agenda Chairman Fisher stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of May 11,2009 (subject to review by the Finance Director) Finance Department Representative B. Approval of payroll for May 21,2009 (subject to review by the Finance Director) Finance Department Representative c. Resolution 2009-044 Conferring Power of Attorney upon Bryan R. Treu, County Attorney, Robert L. Morris, Deputy County Attorney, Christina C. Hooper, Assistant County Attorney and Kyle L. Weber, Assistant County Attorney, to act as Attorney In Fact for the County of Eagle, State of Colorado, with respect to Letter of Credit No. l225 in the amount of$47,539.23 for the Account of Woodward Construction, Inc. for the Edwards Design and Craft Center County Attorney's Office Representative D. Application for Federal Assistance for Early Head Start American Recovery and Reinvestment Act Cost of Living Allowance and Quality Improvement Jennie Wahrer, Children & Family Services E. Trench, Vault and Conduit Agreement between Eagle County and Holy Cross Energy for WECMRD Field House Tom Johnson, Public Works F. Agreement between Eagle County and B & B Excavating for trail paving in Edwards and near Gypsum and Eagle Ellie Caryl, ECO Trails G. Resolution Approval of a Site Specific Development Plan for the Western Eagle County Metropolitan Recreation District Field House Located in the Berry Creek / Miller Ranch Planned Unit Development, (Eagle County File No. PR-2167) Bob Narracci, Community Development 1 05/12/09 Chairman Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that item C should be pulled because the letter of credit had been extended. Commissioner Runyon moved to approve the Consent Agenda, Items A-G. Commissioner Stavney seconded the motion. The vote was declared unanimous. Resolution 2009-045 Designation of May 2009 as Older Americans Month "Living Today for a Better Tomorrow" Danaleigh Sheehan, Aging and Adult Services Gail Zink from Health and Human Services stated that there was a party in Gypsum to celebrate Older Americans. They hope to expand this event in the future. Seniors across the country are being honored this month. Commissioner Stavney read the resolution and moved to approve the resolution designating May 2009 as Older Americans Month "Living Today for a Better Tomorrow" Commissioner Runyon seconded the motion. The vote was declared unanimous. Chairman Fisher thanked everyone for their kindness and forward thinking in keeping Eagle County's seniors engaged. Commissioner Runyon moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Stavney seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office APPLICANT: EVENT: REPRESENT ATIVE: Central America Foundation, Inc. "Campout for the Cause" Event Kelley Brupbaker, President Scott Stoughton, Event Manager Ranch Del Rio - 4199 Trough Road, Bond Kathy Scriver LOCATION: STAFF REPRESENTATIVE: DESCRIPTION: Central America Foundation, Inc., a non-profit organization dedicated to helping undeveloped communities in Central America, has requested a special event permit for a two-day music event at Rancho Del Rio on May 24, 2009 from 4 p.m. to 1 a.m. and May 25, 2009 from 11 a.m. to 6 p.m. The applicant hopes to attract 500 concertgoers. Rancho Del Rio is currently a multi-use recreation facility located along the Colorado River on 20 acres of private land. The facility offers rental cabins, a liquor store, convenience store, camping area, and various rafting and outdoor activities. The proposed licensed area will not include The Boater's bar (KK's BBQ) or Rancho Del Rio liquor store. STAFF FINDINGS: 1. All fees have been paid. 2 05/12/09 2. Public notice was given by the posting of a sign in a conspicuous place on the premises on April 30, 2009, II days prior to the hearing. 3. No protests have been filed in the Clerk Office. 4. The applicant has provided a detailed alcohol management plan and diagram. 5. The applicant has provided proof of server training. 6. The applicant has coordinated this event with the County Community Development Department, the Department of Environmental Health and the Eagle County Sheriff s Office and is in the process of obtaining a Mass Gathering Permit since the premises has not been previously approved to accommodate 500 + people. STAFF CONCERNS / ISSUES: The applicant has applied for a Mass Gathering Permit for the event but at this time, the permit has not yet been granted. Community Development anticipates that the applicant's application for a Mass Gathering Permit will likely be granted. . Eagle County Land Use Regulations require property owners to obtain a Mass Gathering Permit for events of 500 or more persons held at venues other than those previously designated and approved specifically to accommodate such events. STAFF RECOMMENDATION: Staff recommends approval of the application with one (1) condition. SUGGESTED CONDITION: 1. The applicant must obtain a Mass Gathering Permit to proceed with the event as described in the Alcohol Management Plan attached to the special events permit application; and In the event a mass gathering permit has not been obtained, attendance at the music event for which the special events permit is being issued must be limited to less than 500 people. DISCUSSION: Ms. Scriver presented the application. The event is scheduled for Sunday May 24th and Monday, May 25th, The mass gathering permit required has yet to be approved which would allow attendance of 500 people or more. Mr. Narracci explained that a mass gathering permit is to provide provisions for parking, medical services, food services, and rest rooms when 500 or more people are expected to attend an event. Ms. Scriver introduced the applicants. She provided some photos of the property as well. Chairman Fisher asked Mr. Treu if permit had been applied for this type of event in the past and denied. Mr. Treu stated that he didn't think anything had ever occurred at this site. Mr. Stoughton agreed that nothing had happened in the past. The owner of Rancho Del Rio has done a lot of work on the property to create a desirable location for events and weddings. The event that they are trying to put on will have no more than 500 people. Chairman Fisher wondered about the Sheriffs office involvement in the permit process. Mr. Narracci stated that they had been asked however, no response had been received. Mr. Stoughton indicated that his interactions with the Sheriffs department had been positive. 3 05/l2/09 Chairman Fisher wondered about the timing since advertising had already taken place and she asked what would happen if approval is denied. Mr. Stoughton acknowledged that he had been a bit late in getting the process started, but they took the chance with early advertising since it was the best way to be successful if approvals were obtained. He understood the risk. Commissioner Stavney stated that he thought it was an ambitious event and wished the applicant good luck. Commissioner Runyon spoke about his concerns related to over service and the tricky road home. He wondered about any highlights the applicant could provide related to this possibility. He wondered about the control issue. Mr. Stoughton stated that he understood this issue and felt that he had safeguards in place including more security than was required with a mass gathering permit. He felt that when people see a lot of eyes on the event they are better behaved. They intend to provide a shuttle too. There would be information points all around the facility. The Sheriffs department would be on hand to help during the evening. Commissioner Runyon asked about parking arrangements. Mr. Stoughton explained his plan. They propose tight control with adequate security. Commissioner Runyon asked about people changing their minds about camping and getting in their cars to leave at 1 a.m. Mr. Stoughton stated that he cannot physically restrain anyone, but would notify the Sheriffs department if necessary. In 15 years, he has only been faced with this situation one time. They intend to be very proactive. Commissioner Fisher hoped that the first experience would be positive. Commissioner Stavney moved that the Local Liquor Licensing Authority approve the Central America Foundation's application for a Special Events Permit for the "Campout for the Cause" Event to be held at Rancho Del Rio on May 24th and 25th, 2009 with one (1) condition as presented in the staff report. Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Runyon moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Stavney seconded the motion. The vote was declared unanimous. Citizen Input Chairman Fisher opened and closed citizen Input, as there was none. Economic Stimulus Projects Update Tom Johnson, Public Works Mr. Johnson provided information about Department of Local Affairs and their distribution of the funds. The Sheriff s department has provided an updated spreadsheet. Work Session - 2009 Small Community Air Service Development Grant Chris Anderson, Airport Recorded Work Session - Form Based Code Adam Palmer, Community Development Recorded 4 05/12/09 Planning Files PDS-00052 - Crown Mountain Plaza Bob Narracci, Planning Department Tabled from 7/22/08, 8/26/08,10/28/08, & 3/3/09. To be tabled to 9/11/09 NOTE: ACTION: The purpose of this PUD is to create a new, mixed-use Planned Unit Development with: ground level commercial; second floor commercial and residential uses; and residential on the upper levels (3rd and 4th stories). The majority of parking will be found underground; some limited street parking will also be anticipated. The applicant seeks an approval for this PUD Sketch Plan that presents pedestrian streetscape design; proposes new, neighborhood commercial opportunities; and offers a mix of free-market and onsite local resident housing (Affordable Housing) opportunities. LOCATION: Ol8800 Hwy 82, El Jebel (former Fitzsimmons parcel); adjacent to Valley Road and the Mt. Sopris Tree Farm DISCUSSION: Mr. Treu and Mr. Narracci spoke about the reasonable nature of continuing to allow tabling of this file. Mr. Treu stated that the Planning Commission and staff both recommended denial. Chairman Fisher wondered what the board's options were. Mr. Treu stated that the board could deny the request for tabling and the file would be called up and subsequently the request could be denied. Commissioner Stavney stated that he believed the parcel in question should be master planned due to its strategic location in the area. Commissioner Runyon moved to deny the tabling of file no. PDS-00052 - and deny the file for Crown Mountain Plaza. Commissioner Stavney seconded the motion. The vote was declared unanimous. Attest: 5 05/12/09