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Minutes 05/19/09 PUBLIC HEARING May 19, 2009 Present: Sara Fisher Peter Runyon Keith Montag Christina Hooper Teak Simonton Chairman Commissioner County Manager Assistant County Attorney Clerk to the Board Absent: Jon Stavney Commissioner 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 18, 2009 (subject to review by the Finance Director) Finance Department Representative B. Resolution 2009-046 Authorizing the Eagle County Clerk and Recorder to Conduct the November 3,2009 Election by Mail Ballot in Accordance with C.R.S. 1-7-5-l0l et seq., the "Mail Ballot Elections Act" Teak Simonton, Clerk & Recorder c. Resolution 2009-047 Concerning Appointments to the Roaring Fork Valley Regional Planning Commission Bob Narracci, Community Development D. Colorado County Officials and Employee Retirement Association Plan and Trust Agreement Diana Kafka, Human Resources E. Approved Amendment to Task Order Contract between Eagle County an the Colorado Department of Public Health & Environment for Nurse Family Partnership Services Jennie Wahrer, Children & Family Services Chairman Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. Christina Hooper, Assistant County Attorney stated there were non changes. Commissioner Runyon moved to approve the Consent Agenda, Items A-E. Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanImous. Resolution 2009-048 Concerning Adoption of Revisions to the 2009 Eagle County Local-Resident Housing Guidelines Alex Potente, Director of Housing & Development 1 05/19/09 Mr. Potente stated that these guidelines were a document for new development in unincorporated Eagle County. There were two effective components - one for new development and the other for existing home stock which, was deed restricted. Deed restrictions that pre-date the guidelines would not be affected. The guidelines deal with income level and procedures for new stock. The changes presented were those required by the Federal Housing Administration, because FHA loans have become much more common in this segment of the buyer's market. FHA had different requirements than other lender options. The first change was that an applicant could not own another house in the county and the second was that the seller would be entitled to 2% sales commission added to the sales price in order for them to not have to absorb the total cost of the commission. In the current market, it could take up to a year or longer to sell a property. Chairman Fisher stated that this was the reliance on the funds in order to purchase a deed-restricted unit. She spoke about the sales commission. Mr. Potente indicated that the 2% sales commission would be able to be added to the sales price. Commissioner Runyon wondered if these guidelines were sufficient for the FHA. Mr. Potente indicated that there were several facets to the document, the title was appropriate to the contents. Commissioner Runyon wondered why the document was a guideline and not a regulation. He wondered if there would be flexibility. Mr. Potente stated that he did not believe there would be a problem. Commissioner Runyon indicated that the board had requested some flexibility because rules and regulations could not anticipate all future situations. Chairman Fisher stated that the document covered many issues, but that she was in favor of the changes. Commissioner Runyon moved to approve the Resolution Concerning Adoption of Revisions to the 2009 Eagle County Local-Resident Housing Guidelines Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Commissioner Runyon moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Liquor Licensing Authority. Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office APPLICANT: EVENT: DATE OF EVENT: REPRESENTATIVE: LOCATION: STAFF REPRESENTATIVE: CONCERNS: Rink Productions, Inc. Summer Solstice Trail Run Event June 20, 2009 Jean Dennison, Event Manager Creekside Park, Beaver Creek Kathy Scriver None DESCRIPTION: Rink Productions, Inc., a non-profit corporation, has requested a special event permit for the Beaver Creek Summer Solstice Twilight running race. The race will start and finish in Creekside Park. The park is a private community park located in the Beaver Creek Subdivision. This event will be open to the public and benefit the Vail Valley Charitable Fund. Moe's BBQ will be providing the food service and the applicant will be selling/serving the beer, other beverages such as water and soda will also be available. STAFF FINDINGS: 2 05/19/09 1. This application is in order, all requirements have been met, all necessary documents have been received, and all fees have been paid. 2. Public notice has been given by the posting of a sign in a conspicuous place on the premises on May 7, 2009, II days prior to the hearing. 3. No protests have been filed in the Clerk Office. 4. The applicant has provided proof of server training and an alcohol management plan. STAFF RECOMMENDATION: All findings are positive and staff recommends approval. DISCUSSION: Ms. Scriver presented the application. Chairman Fisher asked Jean Dennison to speak to the board. Ms. Dennison stated that the event was a new athletic event and would be held on Saturday, June 20, it would include a walking / running race as well as kid's activities. The start time for the race was 5:00 p.m. and would end no later than 8:00 p.m. The event would benefit the Vail Valley Charitable Fund. Chairman Fisher asked that all staff be TIPS trained. Ms. Dennison stated that all staffwas server trained and the only alcohol available would be beer. Commissioner Runyon moved that the Local Liquor Licensing Authority approve the Special Events Permit for the Rink Productions, Inc event held to be held in Creekside Park, Beaver Creek on June 20,2009, from 4:00 p.m. to 9:00 p.m. Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unammous. APPLICANT: EVENT: REPRESENTATIVE: LOCATION: STAFF REPRESENTATIVE: CONCERN: Mule Deer Foundation/Buckhorn Chapter Annual Fundraiser Ted Archibeque, Event Manager Eagle River Center, 794 Fairgrounds Road-Eagle Kathy Scriver None DESCRIPTION: The Mule Deer Foundation is requesting a special event permit for their annual fundraising banquet on June 6, 2009 from 2:00 p.m. unti1l 0:00 p.m. at the Eagle River Center in Eagle. Cowboy Catering Co. of Gypsum will cater the event. Beer, wine and mixed drinks will be available for purchase. The applicant anticipates approximately 200 attendees. STAFF FINDINGS: 1. This application is in order, all requirements have been met, all necessary documents have been received, and all fees have been paid. 2. Staff has had no problems with events hosted by the applicant in the past. 3. Public notice has been given by the posting of a sign in a conspicuous place on the premises on May 7, 2009, II days prior to the hearing. 3 05/19/09 4. No protests have been filed in the Clerk and Recorder's Office. 5. The applicant has provided proof of server training and an alcohol management plan. STAFF RECOMMENDATION: All findings are positive and staff recommends approval. DISCUSSION: Ms. Scriver presented the application and stated that all findings were positive. Chairman Fisher asked Ted Archibeque to speak about the event. Mr. Archibeque stated that last years event set a record in Colorado raising over $55,000. They also set a record for Eagle County conservation events and were named "Conservationist of the Year" by the Eagle County Conservation District. He hoped to have another successful event this year. He expected the gathering to begin at 2:00 pm. and dinner service to begin at 5:00 pm. Chairman Fisher asked about ticket sales. Mr. Archibeque stated that tickets were available by calling Sharon Wilmore. Cowboy Catering would be catering the event and providing the bartenders and servers all of which were server trained. Lone Star security would be providing security for the event. Commissioner Runyon thanked Mr. Archibeque for all the good work he did. Commissioner Runyon moved that the Local Liquor Licensing Authority approve the Special Events Permit for The Mule Deer Foundation fundraising event to be held on June 6, 2009, from 2:00 p.m. to 10:00 p.m. at the Eagle River Center. Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unammous. APPLICANT: DBA: REPRESENTATIVE: LOCATION: REQUEST: STAFF REPRESENTATIVE: CONCERNS / ISSUES: Falcon & Falcon, LLC Cafe Milano Owners, Michael Cavett and Dustin Aipperspach 429 Edwards Access Road, Edwards (Northstar Center) Transfer of Ownership Kathy Scriver None DESCRIPTION: Falcon & Falcon d/b/a Cafe Milano has applied for the transfer of a Hotel and Restaurant liquor license from Cafe Milano, Inc d/b/a Cafe Milano. The applicant is currently operating under a temporary license issued by the local licensing authority on March 17,2009. LIQUOR AUTHORITY CONSIDERATIONS: 1. Whether the fees have been paid. 2. Whether the applicants are of good moral character 3. If applicant plans to make any physical change, alteration or modification of the licensed premises, whether the premises, and if changed, altered or modified, will meet all of the pertinent requirements of the Colorado Liquor or Beer Codes, including, but not limited to the following factors: a. the reasonable requirements of the neighborhood and the desires of the adult inhabitants; 4 05/19/09 b. the possession, by the licensee, of the changed premises by ownership, lease, rental or other arrangement; c. compliance with the applicable zoning laws of the county; and d. compliance with the distance prohibition in regard to any public or parochial school. STAFF FINDINGS: 1. This application is in order, all applicable requirements have been met, all the proper forms have been provided, and all fees have been paid. 2. The state and local licensing authorities have previously licensed the premises where such alcohol beverages will be sold and such licenses were valid at the time the application for transfer of ownership was filed with the local licensing authority. 3. The applicants are reported to be of good moral character. 4. The Affidavit of Transfer and Statement of Compliance has been received. 5. The applicants are over 21, fingerprints are on file. 6. Public notice has been given by the posting of a sign in a conspicuous place on the premises, May 7, 2009, 11 days prior to the hearing. 7. Publication of the notice is not required for a Transfer of Ownership. 8. The applicants have made no physical change, alteration, or modifications to the licensed premises, which alters the licensed premises, or the usage of the licensed premises. STAFF CONCLUSION: The applicant has met all the necessary requirements for a transfer of ownership and all findings are positive. DISCUSSION: Ms. Scriver presented the application and the staff findings. She stated that all staff findings were positive and staff recommended approval of the transfer. Chairman Fisher asked Mr. Cavett how everything had been going since the issuance of their temporary permit. Mr. Cavett stated that everything was going well. He believed they'd established a local loyal client base. Chairman Fisher asked his intent in growing the business. Mr. Cavett stated that he had looked at different methods of advertisement. He believed that a liquor license would held them grow their business considerably. Chairman Fisher explained the responsibility held with serving alcohol and the importance of preventing over service. She wished the applicants well in their endeavors and hoped that their business would be a success. Commissioner Runyon expressed concern with Dustin Aipperspach's police record related to driving under the influence. Mr. Aipperspach stated that he had one DUI in 1998 and he had not been charged with any DUI's since. He found a lot of errors on his incident report and was working towards correcting some of the charges listed on the record. He stated that he was married now and had a son and was trying to stay on the right track. Christina Hooper, Assistant County Attorney stated that the CBI report had listed arrest records but did not include the dispositions or whether the cases were dismissed. Mr. Aipperspach did provide letters, which included a description of the charges and stated that they were dismissed. She stated that the board should consider the 5 05/19/09 applicant's moral character at the time of the hearing and whether there had been any rehabilitation from past incidents. Commissioner Runyon stated that he was fine with that. He asked if there had been any incidents or issues. Mr. Cavett stated that there had been no incidents whatsoever. Commissioner Runyon move that the Local Liquor Licensing Authority, incorporating staffs findings, approve the transfer of the Hotel and Restaurant liquor license from Cafe Milano, Inc d/b/a Cafe Milano to Falcon & Falcon, LLC d/b/a Cafe Milano. Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unammous. APPLICANT: DBA: REPRESENTATIVE: LOCATION: REQUEST: STAFF REPRESENTATIVE: Mountain Thyme Wine, LLC Mountain Thyme Wine Owners, Ann Wilson, and Elizabeth (Betsy) Wilson 360 Carterville Road, Cordillera (Edwards) Retail Liquor Store License Kathy Scriver DESCRIPTION: Mountain Thyme Wine, LLC submitted an application for a Retail Liquor Store License on April 3, 2009. The proposed location is in the Cordillera Town Center, which currently houses the Post Office. The applicant wishes to provide a convenient place for residents and guests of Cordillera to purchase fine wines, specialty beers, and spirits. The applicant has also requested a tasting permit; this permit, if approved will be valid upon approval of the license by the state licensing authority and shall be valid for one year from the expiration date of the applicant's liquor license. ESTABLISH NEIGHBORHOOD: The first order of business is to establish the neighborhood. Staff recommends that the definition of the "neighborhood" includes the area within a two-mile radius from the proposed location (360 Carterville Road). LIQUOR AUTHORITY CONSIDERATIONS: 1. 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. Whether the licensee shall possess and maintain possession of the premises for which the license is issued by ownership, lease, rental, or other arrangement for possession of such premises. 3. Whether the premises are within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 4. Whether the fees have been paid. 5. Whether the applicants are of good moral character. 6. Section 12-47-301 (2) (b) of the Colorado Liquor Code reads as follows: 6 05/19/09 "A local licensing authority or the state on stated owned property, may deny the issuance of any new tavern or retail liquor store license whenever such authority determines that the issuance of such license would result in or add to an undue concentration of the same class of license and, as a result, require the use of additional law enforcement resources. " STAFF FINDINGS: l. The applicants have filed an application on forms provided by the state licensing authority and provided information as required by the state licensing authority. All applicable requirements have been met, all the proper forms have been provided, and all fees paid. 2. The applicants are 21 years of age and reported to be of good moral character. 3. Public notice has been given by the posting of a sign in a conspicuous place on the premises May 7, 2009 and publication in the Eagle Valley Enterprise on May 7 and l4, 2009. 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. The applicant has submitted proof of possession of premises. 7. There are currently no retail liquor stores in Cordillera or within the two-mile radius from the proposed location. 8. Staff has received no responses from the Eagle County Sheriffs Office, Community Development, Environmental Health Department, Building Official, Eagle County Treasurer, or Director of Road & Bridge. 9. The applicants have provided an alcohol management plan and proof of server training. STAFF CONCLUSION: The applicant has met all the necessary requirements for a Retail Liquor Store License and staff findings are positive. DISCUSSION: Ms. Scriver stated that the proposed location was in the Cordillera Town Center, the same building that currently houses the Post Office on Carterville Road in Cordillera. The applicant wished to provide a convenient place for residents and guest of Cordillera to purchase fine wines, specialty beers, and spirits. The applicant also requested a tasting permit. This permit, if approved would be valid upon approval of the license by the state licensing authority and would be valid for one year from the expiration date of the applicant's liquor license. Commissioner Runyon asked about the previous business. Betsy Wilson stated that there had been other proprietors and most recently, it operated as cafe. Her business would be more of a prepared food market, which would include sandwiches, crepes, and one hot item Monday through Friday. There would be two separate businesses, Mountain Thyme Market, and Mountain Thyme wme. Chairman Fisher stated that there might be some challenges as far as wine service and catering. 7 05/19/09 Ms. Wilson stated that they would provide the catering at their home and alcohol would be purchased directly from the store. Chairman Fisher asked Ms. Wilson about her catering background. Ms. Wilson stated that she was currently a real estate agent and had more of a business background than a food industry background. She is very passionate about food but had no catering experience. She has hired a chef. Chairman Fisher asked if there would be any offsite storage for alcohol. Ms. Wilson stated that all storage would be stored within the licensed premises. Ms. Scriver stated that the board needed establish the neighborhood. Staff recommended that the definition of the "neighborhood" include the area within a two-mile radius from the proposed location. A motion had been provided in the staff report. Commissioner Runyon moved that the Local Liquor Licensing Authority establish the neighborhood to include the area within a two-mile radius from the proposed location. Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Ms. Scriver stated that currently there were no retail liquor stores in Cordillera. The applicants did their own petitioning. The applicants had met all the necessary requirements for a Retail Liquor Store license and staff findings were positive. Ms. Wilson stated that overall, the response was unanimous, and everyone was in favor. She believed it was a good fit. Ms. Scriver stated that there were some concerns with securing the premises because the business was located in the same building as the post office, which is open 24/7. However, the applicant had addressed the problem by modifying the gate to insure that no one would be able to climb over the gate or get under the gate. Ann Wilson stated that Cordillera had its own security and they did checks in and around the building each night. The licensed premises would be located between the security office and the fire department so she was confident they would not have any loiters. Betsy Wilson stated that she believed that they had done everything possible to secure the premises and security made regular rounds. She also stated that their hours would be 8:30 am to 4:30 pm and she believed it was unlikely anyone would buy a bottle of wine and attempt to drink it on the premises. However, if someone did attempt this, there would always be someone with in view to control any potential thing that might arise. Chairman Fisher wished them well in their endeavor and hoped they did well do to the remote location. Commissioner Runyon asked if any effort was made to contact the existing license holders. He was concerned whether there was sufficient public notice. Ms. Scriver stated that the only requirement is that there be posting, publishing and a public hearing. Betsy Wilson stated that she had spoken to some business owners in Edwards and all were supportive. Commissioner Runyon moved the Board find that there is a reasonable requirement and desire for the issuance of this license; therefore approve a Retail Liquor Store License for Mountain Thyme Wine, LLC d/b/a Mountain Thyme Wine 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 the Clerk and Recorder's Office to determine that the applicant has complied with the site information provided today and as may be required by the Colorado Liquor Code. Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Commissioner Runyon moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unammous. 8 05/19/09 Citizen Input Chairman Fisher opened and closed citizen Input, as there was none. Planning Files PDA-2142 Willits Bend PUD Amendment Sean Hanagan, Planning Department NOTE: Tabled to 6/23/09 The purpose of this PUD amendment is to change language within the text to include "residential" as a by right use as well as change language regarding mezzanines and how they are counted toward Floor Area Ratio. ACTION: LOCATION: Willit's Bend, El Jebel Mr. Hanagan stated that the tabling was at the applicant's request. This was their first request to table the file. Commissioner Runyon moved to table file number PDA-2142 Willits Bend PUD Amendment until June 23, 2009. Commissioner Fisher seconded the motion. Of the two voting commissioners, the vote was declared unanImous. Attest: dU10 Q- !;J...... _ Chairman 9 05/19/09