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Minutes 07/20/10 PUBLIC HEARING July 20, 2010 Present: Sara Fisher Chairman Jon Stavney Commissioner Keith Montag County Manager Bryan Treu County Attorney Teak Simonton Clerk to the Board Absent: Peter Runyon Commissioner This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Special Recognition — Exceptional Senior Neighbor Mary Jane Hess Kathy Dunn- Lewis, Health & Human Services Ms. Lewis explained that Ms. Hess was nominated for the Governor's Commission on Community Service Award and she read the award. She received a citation from the Governor's office on community service. Chairman Fisher thanked Ms. Hess for her service to the community. 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 July 19, 2010 (subject to review by the Finance Director) Finance Department Representative B. Approval of payroll for July 20, 2010 (subject to review by the Finance Director) Finance Department Representative C. Resolution 2010- 080 Approving the Format for the 2010 Intergovernmental Agreement for Political Subdivisions and Authorizing the Chairman to Execute the Agreement for Participation in the 2010 General November Election Teak Simonton, Clerk & Recorder D. Fourth Amendment to Frequency Reconfiguration Agreement Amendment between Eagle County and Nextel West Corporation Barry Smith, Emergency Management E: Early Head Start Expansion Application Including U.S. Department of Health & Human Services Compendium of Required Certification and Assurances Jennie Wahrer, Health & Human Services F. Amended Final Plat / Johnson Duplex, A Re- subdivision of Lot 55, Block 1, Eagle -Vail Filing No. 2 (Eagle County File No. AFP- 2532), The purpose of this plat is to adjust the internal lot line in a previously existing duplex subdivision so that the sidewalk access to unit B is not encroaching onto lot A. Adam Palmer, Planning 1 07/20/2010 G. Resolution 2010- 081 Approving an Amendment to the Willits Bend Planned Unit Development (Eagle County File No. PDA- 2142), the Applicant requested the amendment of the PUD to revise language regarding definitions, parking allotments, by right uses and FAR distribution Sean Hanagan, Planning Chairman Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that there were no revisions or changes. Commissioner Stavney moved to approve the Consent Agenda, Items A -G. Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Citizen Input Chairman Fisher opened and closed citizen Input, as there was none. Treasurer's Second Quarter Report Karen Sheaffer, Treasurer Ms. Sheaffer stated that this report was an interest report for the quarter. She also presented the 2009 activity report for her office including interest, tax collections, tax notices etc. She was prepared to set up the investment policy review with the board. Unpaid taxes were at an all time high during Ms. Sheaffer's tenure with the county. She hoped conditions improved, as interest rates were as low as they had been in a very long time. When interest rates rise, there could be a lot of money to invest. Chairman Fisher asked what this meant. Ms. Sheaffer stated that the money had to be liquid according to statute. Only excess funds could be invested. Most investments were short term so when interest rates did improve these investments would be liquid and available to invest longer term. Mr. Montag asked to have time to study the information and would ask for clarification in future meetings. Chairman Fisher wondered how far interest was down compared to 2008. Ms. Sheaffer stated that overall, the county was at less than 35% of last year, and last year was not a good year either. The activity report was available to the public. It was currently available both at the front desk and in her office. Resolution 2010 -082 Regarding Petitions to the Eagle County Board of Equalization County Attorney's Office Representative Bryan Treu Mr. Treu explained that this was an intervening year and as such, protests were significantly lower. The protest period was now closed. He introduced Joan McMullen. There were five protests; three of which were adjusted and two were denied. Commissioner Stavney moved to approve the resolution regarding petitions to the Eagle county Board of Equalization. Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Commissioner Stavney moved to adjourn as the 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 unanimous. 2 07/20/2010 Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office APPLICANT: Edwards Rotary Club REQUEST: Special Events Permit(s) EVENT(s): Soccer Event and Concert DATE OF EVENT: August 7 (2 permits) and 8, 2010 REPRESENTATIVE: Joe Peplinski, Event Manager LOCATION: WECMRD Field House — 0450 Miller Ranch Road, Edwards STAFF REPRESENTATIVE: Kathy Scriver DESCRIPTION: Edwards Rotary Club has requested 3 - special events permits for an athletic event and concert being held at the WECMRD field house and outdoor soccer fields east of the field house. The event days and times are as follows: Saturday, August 7 11 a.m. to 8 p.m. (soccer fields) and 6 p.m. to 11 p.m. (field house /concert) and Sunday, August 8 11 a.m. to 8 p.m. (soccer fields) The applicant will offer beer and/or wine, as well as light snacks, soft drinks, and water. Alcohol sales (outdoors) will begin at noon and end at 7:00 p.m. The seating capacity for events held inside the field house is 450 and ticket sales for the event will be restricted to that number. STAFF FINDINGS: 1. This application is in order, all application 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 in both areas on July 9, 2010, 10 days prior to the hearing. 3. There have been no protests filed in the Clerk and Recorder's Office. 4. The applicant has provided an alcohol management plan and provide proof of server training. CONCERNS / ISSUES: None DISCUSSION: Ms. Scriver explained the requests for special events permits. She introduced Joe Peplinski. Mr. Peplinski thanked Ms. Scriver. He explained that they wished to sell beer in an enclosed area during a soccer tournament. Sales would be restricted to those who had provided identification and had received a wristband — and all would be limited to two beers. This was an adult soccer tournament. Chairman Fisher wondered if everyone serving the beer would be TIPS trained. Mr. Peplinski indicated that they would. Chairman Fisher suggested contacting the Sheriff's office for tips about checking IDs. Commissioner Stavney moved that the Local Liquor Licensing Authority approve the Special Events Permits for The Charitable Foundation of the Edwards Rotary Club events being held in the Edwards Field House on Saturday, August 7` 11 a.m. to 8 p.m. and Soccer Fields August 7"' and 8 from 11 a.m. to 8 p.m. Commissioner Fisher seconded the motion. Of the two voting commissioners the vote was unanimous. 3 07/20/2010 APPLICANT: Zino Ristorante II, Inc. d /b /a Zino Ristorante REPRESENTATIVE: Kevin Clair, Owner LOCATION: 27 Main Street #C101 — Edwards, CO REQUEST: Transfer of Ownership STAFF REPRESENTATIVE: Kathy Scriver CONCERNS / ISSUES: None DESCRIPTION: Zino Ristorante II, Inc. has submitted an application to transfer ownership of a hotel and restaurant liquor license from Rick and Kelly's LLC d/b /a Rick and Kelly's to Zino Ristorante II, Inc. The applicant is currently operating under a temporary license issued by the local licensing authority on May 4, 2010. 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; 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 applicant is reported to be of good moral character. 4. The Affidavit of Transfer and Statement of Compliance has been received. 5. The applicant is over 21, fingerprints are on file. 6. Public notice was given by the posting of a sign in a conspicuous place on the premises, July 9, 2010, 10 days prior to the hearing. 7. Publication of the notice is not required for a transfer of ownership. 8. The applicant does not wish to make any physical changes, alterations, or modifications to the licensed premises, which would alter the licensed premises, or the usage of the licensed premises. 4 07/20/2010 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 file. Mr. Claire stated that they opened June 14` averaging over 200 dinners a night. Chairman Fisher congratulated him on the early success. She asked Giusseppe Bosco about staffing. Mr. Bosco explained that the food was fantastic and he's had success staffing. Chairman Fisher thanked them for re- opening. Commissioner Stavney moved that the Local Liquor Licensing Authority, incorporating staff's findings, approve the transfer of a hotel and restaurant liquor license currently held by Rick and Kelly's, LLC d/b /a Rick and Kelly's Bistro to Zino Ristorante 11, Inc. d/b /a Zino Ristorante Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. APPLICANT: Eagle -Vail Original Sports Bar, LLC d/b /a Paddy's REPRESENTATIVE: Robert Swimm, Owner LOCATION: 40801 Hwy 6 — Eagle -Vail, CO REQUEST: Transfer of Ownership STAFF REPRESENTATIVE: Kathy Scriver CONCERNS / ISSUES: None DESCRIPTION: Eagle -Vail Original Sports Bar, LLC has submitted an application to transfer a Hotel and Restaurant liquor license previously held by Eagle -Vail Restaurant Group, LTD d/b /a Paddy's. The applicant is currently operating under a temporary license issued by the local licensing authority on April 27, 2010. • 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; 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: 5 07/20/2010 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 applicant is reported to be of good moral character. 4. The Affidavit of Transfer and Statement of Compliance has been received. 5. The applicant is over 21, fingerprints are on file. 6. Public notice was given by the posting of a sign in a conspicuous place on the premises, July 9, 2010, 10 days prior to the hearing. 7. Publication of the notice is not required for a transfer of ownership. 8. The applicant does not wish to make any physical changes, alterations, or modifications to the licensed premises, which would alter 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 explained the request. She introduced Robert Swimm. Mr. Swimm explained that things were going well, the reception has been good, and the public had been very supportive. They have done some minor remodeling and redone the kitchen. Chairman Fisher stated the establishment has been a great neighborhood place, which was a plus and a minus. She wished him well. Mr. Swimm stated that they were trying to get their staff well trained and up to speed with a new establishment. Commissioner Stavney moved that the Local Liquor Licensing Authority, incorporating staff's findings, approve the transfer of a hotel and restaurant liquor license from Eagle -Vail Restaurant Group, LTD d/b /a Paddy's to Eagle -Vail Original Sports Bar, LLC d/b /a Paddy's. Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Mr. Swimm asked about the patio being covered as part of the licensed premise. Ms. Scriver stated that the patio was not included in the licensed premise. Mr. Treu stated that the board could only approve the previously licensed premises. He suggested that Ms. Scriver review the old file. Ms. Scriver indicated that a modification would need to be approved. Chairman Fisher clarified that Mr. Swimm could not continue to serve on the patio until a modification was approved. 6 07/20/2010 APPLICANT: The Eighth Day, Inc d /b /a Wolcott Yacht Club REPRESENTATIVE: Jan Jouflas, Owner LOCATION: 27190 Hwy 6 — Wolcott, CO REQUEST: Transfer of Ownership STAFF REPRESENTATIVE: Kathy Scriver CONCERNS / ISSUES: None DESCRIPTION: The Eighth Day, Inc. has submitted an application to transfer a Tavern liquor license previously held by Destiny Hospitality Partners, LLC d/b /a The Wolcott Yacht Club. The applicant is currently operating under a temporary license issued by the local licensing authority on April 20, 2010. 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; 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 applicant is reported to be of good moral character. 4. The Affidavit of Transfer and Statement of Compliance has been received. 5. The applicant is over 21, fingerprints are on file. 6. Public notice was given by the posting of a sign in a conspicuous place on the premises, July 9, 2010, 10 days prior to the hearing. 7. Publication of the notice is not required for a transfer of ownership. 7 07/20/2010 8. The applicant does not wish to make any physical changes, alterations, or modifications to the licensed premises, which would alter 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 explained the request for transfer of ownership. Jan Jouflas explained that the start had been a little difficult, but many people were happy to have the location open again. The Club would be open from 7:00 in the morning, but breakfast would only be served inside. They were getting a nice afternoon crowd but not as significant as in the past. Commissioner Stavney moved that the Local Liquor Licensing Authority, incorporating staff's findings, approve the transfer of the tavern liquor license held by Destiny Hospitality Partners, LLC d/b /a The Wolcott Yacht Club to The Eighth Day, Inc. d/b /a Wolcott Yacht Club. Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Commissioner Stavney 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 unanimous. Planning Files ZS -2629 State Bridge Sean Hanagan, Planning Department NOTE: To be tabled to August 17, 2010 ACTION: The purpose of this Special Use Permit is for a Resort Recreation Facility to allow the State Bridge property to regain its former use as a lodge and music event facility. The proposal is to maintain the historic use of the lodging component on the property including the existing nine cabins and six 1 yurts and to establish a new outdoor concert/event venue in the general location of the previous lodge building which burned down in 2007. LOCATION: 127 Trough Road, Historic State Bridge Property Commissioner Stavney moved to table file ZS -2629 State Bridge until August 17, 2010. Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. There being no further business before the ' i* Meet ing was adjourned until July 27, 2010. '' ''�' ,' ,_ Attest: ��' �� - % *.. '� e ill; �},� /Chairman Clerk to the Board C P 8 07/20/2010