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HomeMy WebLinkAboutMinutes 04/10/12 PUBLIC HEARING April 10, 2012 Present: Peter Runyon Chairman Jon Stavney Commissioner Sara Fisher Commissioner Keith Montag County Manager Bryan Treu County Attorney Teak Simonton Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Resolution 2012 -038 Designating the Week of April 16 — 22, 2012 as Earth Awareness Week Ray Merry, Environmental Health Mr. Merry stated that April 22' is Earth Day and this year would mark the 43 anniversary. He provided some details about the program. Commissioner Fisher spoke about the wall of posters from previous contest winners of the Earth Day Poster Contest. Mr. Merry recognized the Environmental Sustainability team in the audience; Terry Vroman, Monqueesha Walker and Laura Fawcett. He also recognized Ken Whitehead from the Solid Waste program. Waste was buried to bury disease and hopefully much of the other trash was recycled. He recognized John Lewis and Mariya Trifanova for keeping track of paper and encouraging departments to reduce printers in each office. He recognized Kris Friel for her development of Actively Green programs and Adam Palmer and John Gitchell of the Sustainability team. Ms. Friel commended Commissioner Fisher as well for her leadership. Mr. Merry continued with a PowerPoint presentation of some key points and read the resolution. He provided a list of many accomplishments including Energy performance contracting, fuel reduction, Innovate Improvement program, Impact Energy Services monitoring, Low Sulfur Diesel — emission reductions and many more. Commissioner Runyon stated that Eagle County is fortunate to have Mr. Merry at the helm leading these efforts. Mr. Merry spoke about the popularity of the county and how this was actually the biggest threat. Commissioner Stavney spoke about the need to speak more about efforts and to tell the public about what we do as a county on the sustainability fronts. Mr. Montag stated that Ray and his team have earned a gold star on these fronts. He spoke about the concept of a virtual team that brought in a number of community partners and other county departments. RESOLUTION DESIGNATING THE WEEK OF APRIL 16 — 22, 2012 AS "EARTH AWARENESS WEEK" WHEREAS, the decisions we make as individuals and as an organization have direct and indirect impacts on environmental health and sustainability; and WHEREAS, the citizens of Eagle County want the quality of our environment to be sustained for present and future generations; and 1 04/10/2012 WHEREAS, the Board of County Commissioners of Eagle County (hereinafter the "Board ") considers preservation and enhancement of the natural environment a top priority to ensure the health, safety, welfare, and economic well -being of its citizens; and WHEREAS, Eagle County Government is developing an environmental policy and management system to continuously improve our environmental performance by establishing baseline measurements and implementing action plans that reduce our greenhouse gas emissions from fossil fuel consumption; conserve water; reduce paper use; promote waste diversion and recycling; and to incorporate clean, renewable energy to support our county operations; and WHEREAS, Eagle County Government is committed to conduct ongoing monitoring and reviews of our processes as part of our environmental management system to assure our actions align with our environmental objectives; and to remain compliant with all applicable environmental regulations; and WHEREAS, Eagle County Government has established a cross - functional environmental working group referred to as our "Actively Green Team" to implement the environmental management system; and WHEREAS, April 22, 2012 marks the forty- second (42nd anniversary of the first Earth Day, a day established to increase environmental awareness and cause individuals to consider how their individual actions affect the environment; and WHEREAS, there are also global efforts to involve communities in the celebration of Earth Day through special events, media coverage and local efforts; and WHEREAS, designating a week in April as Earth Awareness Week is one of the many ways that Eagle County government can promote environmental awareness and education through community outreach. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the week of April 16 - 22, 2012 be designated Earth Awareness Week. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. Commissioner Fisher read the resolution for the record and moved to approve resolution 2012 -038, designating the week of April 16 — 22, 2012 as Earth Awareness Week. Commissioner Stavney seconded the motion. The vote was declared unanimous. Consent Agenda Chairman Runyon stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of April 9, 2012 (subject to reviewed by the Finance Director) Finance Department Representative B. Approval of Payroll for April 19, 2012 (subject to review by the Finance Director) Finance Department Representative C. Approval of the Minutes of the Eagle County Commissioner Meetings for February 28 and March 13, 2012 Teak Simonton, Clerk and Recorder 2 04/10/2012 D. Resolution 2012 -039 Transferring and Distributing Revenues from the County Forest Reserve Fund, Fiscal Year 2011 John Lewis, Finance E. License Agreement between Eagle County and Alpine Vending and Video, Inc. for Justice Center Automatic Teller Machine Facilities Management Representative F. Resolution 2012 -040 Adoption of the Eagle County Policy Regarding Information Requests and Use of County Resources/Facilities for Campaigning Purposes County Attorney's Office Representative G. Resolution 2012 -041 Approving the Special Use Permit for the Homestake Dam and Reservoir Maintenance and Repair Project (Eagle County File No. ZS -3578) Kris Valdez, Planning Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney spoke about the adoption of the campaign policies. He explained that this represented some revisions and additions to the resolution. Signs were allowed at certain places only and there would be restrictions as to timing and size of signs. Commissioner Fisher spoke about locations where polling took place and there was a 100 foot limit. Chairman Runyon spoke about private property and their control of political sign placement — these were not our responsibility, but that of the individual owners. Mr. Treu stated that the county was allowing signs, with a few restrictions, on our road right of ways. Signs also could not be too high to block lines of sight. Mr. Johnson spoke about the ATM request by the Sheriff s Office. It would make dues and fee collection much easier. Commissioner Stavney moved to approve the Consent Agenda, Items A -G. Commissioner Fisher seconded the motion. The vote was declared unanimous. OTHER Mr. Merry stated that everything pointed to having a very dry year. Regression analysis showed a shift in seasons a bit. Eagle Park Reservoir existed to get the county through a three year sustained drought. Water conservation efforts were very important this year to keep the maximum amount of water in the streams and rivers and protect fish and wildlife. Chairman Runyon asked about other senior water calls affecting local water suppliers. Mr. Merry spoke about the Shoshone Call and believed it would operate as if it were on call. Homestake reservoir was dry currently and he hoped they would be able to start their construction work earlier. Commissioner Stavney spoke about the fact that last year was so good, and that peak runoff would likely occur in April. This would be good for anglers in terms of water levels, but the temperature of the streams could be an issue. Vail Resorts was very concerned about wildfires as well. Mr. Merry spoke about Eagle County's current fire ban. Commissioner Fisher spoke about the transient traffic and educating people travelling through the county. Citizen Input Chairman Runyon opened and closed citizen Input, as there was none. 3 04/10/2012 Commissioner Fisher moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Local 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 Consent Agenda Renewals A. Nastrovia, LLC d/b /a Woody's Full Belly Kitchen and Pub #42 - 59626 - 0000 This is a renewal of a Hotel and Restaurant Liquor License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. B. Malibu, LLC d/b /a Malibu Restaurant & Bar #15- 72176 -0000 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. An Alcohol Management Plan is on file and proof of server training has been provided. C. Cordillera Golf Club d/b /a Timber Hearth Grill #28-641 78-0003 This is a renewal of a Hotel and Restaurant License with 4 -Opt. Premises in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. D. Cordillera Golf Club d/b /a The Summit #28-641 780-0005 This is a renewal of a Hotel and Restaurant License with 4 -Opt. Premises in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. E. The Bookworm of Edwards, Inc. d/b /a The Bookworm This is a renewal of a Tavern License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file and proof of server training has been provided. Commissioner Stavney moved that the Board approve the Liquor Consent Agenda for April 10, 2012 consisting of Items A -E. Commissioner Fisher seconded the motion. The vote was declared unanimous. APPLICANT: Eagle Valley Chamber of Commerce REQUEST: Special Event Permit EVENT: 2012 Western Slope Home Show DATE: Friday — April 27, 2012 REPRESENTATIVE(S): Janet Thrasher and Holli Snyder LOCATION: Eagle River Center — 0794 Fairgrounds Road, Eagle STAFF REPRESENTATIVE: Kathy Scriver CONCERNS: None 4 04/10/2012 DESCRIPTION: Eagle Valley Chamber of Commerce has requested a permit for the 5th Annual Western Slope Horne Show. The event will take place in the Eagle River Center, April 27 and 28 The applicant has requested a permit for the Wine & Design event being held on Friday from 3 -9 pm. Old Kentucky Tavern will sell cheese plates, finger sandwiches, and salads. NRC staff will oversee the venue and Eagle Valley Chamber volunteers will oversee the wine bar. 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. Staff has had no problems in the past with events held by the applicant. 3. Public notice has been given by the posting of a sign in a conspicuous place on the premises March 30, 2012, at least 10 days prior to the hearing. 4. There have been no protests filed with the Clerk and Recorder's Office. 5. The applicant has provided proof of server training and alcohol management plan. 6. Eagle County Sheriff's Office has been notified. DISCUSSION: Ms. Scriver introduced Michelle Friedman who provided details for the event. It would be a small and relaxed event. Commissioner Fisher wondered who the restaurant operators were. Ms. Freidman indicated that this would be the new restaurant in the previous Broadway Cafe location on Broadway. Commissioner Fisher moved that the Local Liquor Licensing Authority approve the permit for the Home Show Wine & Design event being held at the Eagle River Center on April 27, 2012, *3:00 to 9 :00 p.m. Commissioner Stavney seconded the motion. The vote was declared unanimous. *The hours approved in the motion are the hours requested on the application and are not necessarily the hours of the event. APPLICANT: 4 Eagle Ranch, LLC d/b /a 4 Eagle Ranch REPRESENTATIVE: Glen Heelan and Michael Barry, Owner (s) LOCATION: 4098 Hwy 131 — Wolcott, CO 81655 REQUEST: Transfer of Ownership STAFF REPRESENTATIVE: Kathy Scriver CONCERNS / ISSUES: None DESCRIPTION: 4 Eagle Ranch, LLC has requested the transfer of an Optional Premises liquor license. The license is currently held by 4 Eagle Ranch, Inc. The applicant is currently operating under a temporary permit issued by the 5 04/10/2012 local licensing authority, December of 2011. The applicant also wishes to modify the licensed premises, and remove the potions of the property that cross Hwy 131 and Muddy Creek Road. As noted on the diagram; there will be a 10 -foot buffer from the edge of the road and the licensed boundary. 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. Based on the evidence provided in the CBI report 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 and fingerprints are on file. 6. Public notice was given by the posting of a sign in a conspicuous place on the premises, March 30, 2012, at least 10 days prior to the hearing. 7. Publication is not required for a transfer of ownership. 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 request. The applicant was currently operating with a temporary permit. She received the map late. This was also a modification of the premises. The license would stay on the east side of the road and would include a 10 -foot barrier to the road. 6 04/10/2012 Glen Heelan, owner was present. They are doing many events with local youth. All of the profits go to the 4 Eagle Foundation benefitting youth in the valley. Commissioner Fisher thanked him for his efforts. She appreciates the reconfiguration of the ranch house. Mr. Heelan indicated that they are open to hosting other non - profit entities. Ms. Scriver indicated that with an Optional Premises there was no food requirement. She added that the owner would not need a Special Use Permit to host events over 500. Mr. Narracci explained that in the early 90's, 4 Eagle Ranch was granted a Special Use Permit to allow all those types of activities. Ms. Scriver indicated that non - profits could not apply for a separate special events permit. Mr. Narracci stated that 4 Eagle Ranch has a Special Use Permit which allows a large number of people to be present for an event. Commissioner Fisher moved that the Local Liquor Licensing Authority, incorporating staff findings, approve the transfer of an Optional Premises liquor license from 4 Eagle Ranch, Inc. to 4 Eagle Ranch, LLC d/b /a 4 Eagle Ranch and the applicants request to modify the licensed premises. Commissioner Stavney seconded the motion. 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. The vote was declared unanimous. Planning Files PDA -3103 Mount Sopris Tree Farm PUD Amendment (Crown Mountain) Bob Narracci, Planning; Greg Schroeder, Engineering; Davis Farrar, Western Slope Consulting; Mark Fuller, Crown Mountain Park and Recreation District NOTE: Tabled from 6/28/11, 9/13/11, 11/15/11 & 2/7/2012. To be tabled to 5/22/12 ACTION: The purpose of this Planned Unit Development Amendment is to modify the existing PUD to allow for the construction of a recreation center, associated parking additional trails, and ice rink, covered tennis courts and other improvements described in the PUD document. There is also a request to increase the size of the leased area. LOCATION: 20 Eagle County Drive, El Jebel Mr. Narracci stated that the applicant had requested that the files be tabled. Commissioner Stavney moved to table file no. PDA -3103 Mount Sopris Tree Farm PUD Amendment and file 1041 -3140 Crown Mountain Park's permit to May 22, 2012 in El Jebel. Commissioner Fisher seconded the motion. The vote was declared unanimous. 1041 - 3140 Crown Mountain Parks Bob Narracci, Planning Department NOTE: Tabled from 6/28/11, 9/13/11, 11/15/11 & 2/7/2012. To be tabled to 5/22/12 ACTION: The purpose for this 1041 Permit is to modif r.the existing PUD to allow for the construction of a recreation center, associated parking additional trails, and ice rink, covered tennis courts and other improvements described in the PUD document: Them is also a request to increase the size of the leased area -� 7 04/10/2012 LOCATION: 20 Eagle County Drive, El Jebel Commissioner Stavney moved to table file no. 1041 -3140 Crown Mountain Parks to May 22, 2012 in El Jebel. Commissioner Fisher seconded the motion. The vote was declared unanimous. • OTHER Commissioner Fisher spoke about the board's recent trip to Jefferson County to request funding from Great Outdoors Colorado to supplement open space dollars for purchasing of land along the Colorado River. Commissioner Stavney clarified that the finalists for the GOCO River initiative grants. The county would learn whether they were successful in their bid by June at the latest. Chairman Runyon stated that they were the only entire board present, which highlighted the enthusiasm and endorsement for the projects. The board tries to leverage its money in purchases of open space. There is so much recreational development and yet driving up the Colorado River Road gives the impression that one is driving on a road 60 years ago. Opening up the river in that area allows locals and tourists to see what the county used to be like. He was cautiously optimistic about the county's chances to win the grants. Commissioner Stavney stated that the GOCO board was very familiar with the area in question. Manager Update (recorded) Keith Montag, County Manager 1. Information Sharing 2. Meetings Attended / Future Meetings 3. Discussion Items 4. CIP quarterly update, Tom Johnson 5. Lake Creek donated units, Jill Klosterman 6. Open Space Attorney Update (recorded) Bryan Treu, County Attorney A. Open Session B. Executive Session 1. Discussion regarding electronic communication 2. Consideration of applicability of EcoBuild to private activity on public land 3. Consideration of issues involved in restructuring of OSAC There being no further business before the B..ard, the meeting w. • . djourned until ,.ril 17, 2012. sMate _ ►� 1 .4 -r- \ L "4,11 Attest: .r Clerk to the Boa d * Chairm. 8 04/10/2012