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HomeMy WebLinkAboutMinutes 05/15/12 PUBLIC HEARING May 15, 2012 Present: Jon Stavney Chairman Pro -Tem Sara Fisher Commissioner Keith Montag County Manager Diane Mauriello Assistant County Attorney Kathy Scriver Deputy Clerk to the Board Absent: Peter Runyon Chairman This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Pro -Tem Stavney stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of May 16, 2012 (subject to review by the Finance Director) Finance Department Representative B. Third Amendment to Master Agreement for Professional Engineering Services between Eagle County and KRW Consulting, Inc. for the Purpose of Providing a Vertical Expansion Design and to Prepare a Revised Landfill Design and Operation Plan Ken Whitehead, Solid Waste & Recycling C. Community Services Block Grant Final Grant Agreement between the State of Colorado Department of Local Affairs and Eagle County Rosie Moreno, Health & Human Services D. Agreement between Eagle County and Eagle County School District for Project Management for System of Care Expansion Planning Sherri Almond, Health & Human Services E. Memorandum of Understanding between Eagle County, Garfield County and Pitkin County for Tri- county Foster Care Collaboration Sherri Almond, Health & Human Services F. Resolution 2012 -053 Final Release of Collateral and Termination of the Warranty Period for the Encroachment Easement and Public Improvements Agreement for Eagle Vail Property Owners Association Eagle -Vail Property Owners Association Eagle -Vail Road Sidewalk Project — Public Way Permit Right -of- Way 10 -09 -3900 Mike Gruber, Engineering G. Resolution 2012 -051 Concerning Appointments to the Eagle County Regional Transportation Authority Tracy Stowell, ECO Transit H. State of Colorado 5304 Agreement with Eagle County for Transit Hub and Park and Ride Study, 1 -70 Corridor Gypsum to Vail 1 05/15/2012 Kelley Collier, ECO Transit I. Agreement between Eagle County, Colorado and Matrix Systems, Inc. for Security Systems Installation Ron Siebert, Facilities Management J. Colorado Department of Public Health and Environment Family Planning Program Task Order Contract Jennie Wahrer, Health & Human Services K. Resolution 2012 -052 Matter of Amending the Eagle County Land Use Regulations (Eagle County File No. LUR -3398) Bob Narracci, Building Ken Whitehead spoke about item B, the Amendment to Master Agreement for Professional Engineering Services between Eagle County and KRW Consulting, Inc. The agreement would start the process of a vertical expansion at the landfill and design an operating manual. The vertical expansion would delay the expansion of the footprint. The public would have the opportunity to weigh in moving forward. Commissioner Fisher moved to approve the Consent Agenda, Items A -K. Chairman Pro -Tem Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Citizen Input Chairman Pro -Tem Stavney opened and closed citizen Input, as there was none. First Quarter Treasurer's Interest Report and First Quarter Public Trustee Report Karen Sheaffer, Treasurer & Public Trustee Ms. Sheaffer stated that there had been only a slight percentage of gain on the corporate bonds. Chairman Fisher asked about the difference from previous years. Mari Renzelman showed a graph that indicated that interest received in 2007 was the highest in recent years. Ms. Sheaffer looked expected some improvement in the future Karla Herridge stated that net revenues for the quarter were $29,492.75. The foreclosure numbers appeared to be the same as last year. There would be a touch screen kiosk available for public use by the end of June. There was also a map with foreclosures data available on the county website. Chairman Pro -Tem Stavney complemented the Treasurer's Office for providing information to the public. Chairman Fisher acknowledged the Treasurer's Office for educating and assisting the community. Ms. Sheaffer stated that 200 properties might be up for Treasurer's deed transfers in 2012, which was the highest number in years. 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. Of the two voting Commissioners, the vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office 2 05/15/2012 APPLICANT: Alpine Arts Center, Inc. TRADE NAME: Alpine Arts Center REPRESENTATIVE: Lauren Merrill, Owner LOCATION: 210 Edwards Village Blvd. A 105 — Edwards, CO Edwards Commercial Park REQUEST: Beer and Wine License DESCRIPTION: The applicant, Alpine Arts Center, Inc. submitted an application for a Beer and Wine license on March 21, 2012. Lauren Merrill owns and operates Alpine Arts Center, which offers art classes & workshops for all ages. She hopes to expand her business with the addition of a liquor license and offer events such as "Cocktails and Canvas" or "Cocktails and Clay ". Finger food will always be available when alcohol is served. ESTABLISH NEIGHBORHOOD: The first order of business is to establish the neighborhood. Staff recommends that the definition of the "neighborhood" include the area within a two -mile radius from the proposed location (210 Edwards Village Blvd.) This area includes but is not limited to Arrowhead, The Reserve, River Pines, Homestead, Old Edwards, and Singletree. Commissioner Stavney 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. NEEDS AND DESIRES OF THE NEIGHBORHOOD 1. All members of the Local Licensing Authority have been provided with copies of the petition submitted by the applicant. 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. Petition circulation was conducted by the applicant. The results were as follows: • 148 Signatures Favoring Issuance OTHER LIQUOR AUTHORITY CONSIDERATIONS: 1. 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. 2. Whether the premises are within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 3. Whether the fees have been paid. 4. Whether the applicants are of good moral character. 5. Section 12 -47 -301 (2) (b) of the Colorado Liquor Code reads as follows: "A local licensing authority or the state on state 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 3 05/15/2012 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: 1. The applicant has 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 applicant is 21 years of age and reported to be of good moral character. 3. Public notice was given by the posting of a sign in a conspicuous place on the premises May 4, 2012 and publication in the Eagle Valley Enterprise on May 3rd and 10 2012. 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. Staff received no response from the Eagle County Treasurer, or Sheriff s Office. 8. The Eagle County Environmental Health Department, Community Development Department, and Engineering Department expressed no concerns with the application. 9. The applicant has provided an alcohol management plan per the requirements of the Eagle County Local Licensing Authority. DISCUSSION: Ms. Scriver presented the request. She presented the staff findings and stated that the applicant had met all the necessary requirements for a Beer and Wine liquor license. She introduced Lauren Merrill the owner and applicant. Commissioner Stavney asked Ms. Merrill what her expectations were and how the license would interact with her existing business. Ms. Merrill explained that she would like to offer alcohol during adult classes held in the evenings and art events that would be paired with alcohol. Commissioner Stavney asked how she would manage the alcohol service. Ms. Merrill stated that she and the instructors would serve the drinks and for larger events, there would be a bartender. She took the service of alcohol seriously. Commissioner Fisher asked about the alcohol storage. Ms. Merrill stated that the alcohol would be stored in a locked walk -in closet, downstairs. Commissioner Fisher encouraged Ms. Merrill to be vigilant about the responsibilities associated with a liquor license. Commissioner Fisher move that the Board find that there is a reasonable requirement and desire for the issuance of this license, therefore approve a Beer and Wine License for Alpine Arts Center, Inc. d/b /a Alpine Arts Center based on the testimony, petitions, and evidence submitted today and incorporating the staff findings. 4 05/15/2012 Such license is to be issued upon the written findings and decision of this Board and upon a final inspection of the premises to determine that the applicant has complied with the site information provided today and as may be required by the Colorado Liquor Code. Commissioner Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. APPLICANT: Belmont Deli and Jockey Club, LLC TRADE NAME: Belmont Deli REPRESENTATIVE: Michael Rindone, Owner LOCATION: 105 Edwards Village Blvd. C 107 — Edwards, CO Edwards Village Center REQUEST: Hotel and Restaurant License DESCRIPTION: The applicant, Belmont Deli and Jockey Club, LLC submitted an application for a Hotel and Restaurant license on April 2, 2012. The owner, Michael Rindone owns and operates Belmont Deli, which is located in the Edwards Village Center next door to Bottle N' Cork liquor store. The restaurant offers lunch and dinner and is open daily from 8 am to 4 pm, and closed on Sunday. The applicant is considering extending the restaurant hours to 9 pm. daily upon approval of the liquor license. ESTABLISH NEIGHBORHOOD: The first order of business is to establish the neighborhood. Staff recommends that the defmition of the "neighborhood" include the area within a two -mile radius from the proposed location (105 Edwards Village Blvd.) This area includes but is not limited to Arrowhead, The Reserve, River Pines, Homestead, Old Edwards, and Singletree. Commissioner Stavney 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 he motion. Of the two voting Commissioners, the vote was declared unanimous. NEEDS AND DESIRES OF THE NEIGHBORHOOD 1. All members of the Local Licensing Authority have been provided with copies of the petition submitted by the applicant. 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. Petition circulation was conducted by the applicant. The results were as follows: • 99 Signatures Favoring Issuance OTHER LIQUOR AUTHORITY CONSIDERATIONS: 5 05/15/2012 1. 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. 2. Whether the premises are within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 3. Whether the fees have been paid. 4. Whether the applicants are of good moral character. 5. Section 12 -47 -301 (2) (b) of the Colorado Liquor Code reads as follows: "A local licensing authority or the state on state 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: 1. The applicant has 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 applicant is 21 years of age and reported to be of good moral character. 3. Public notice was given by the posting of a sign in a conspicuous place on the premises May 4, 2012 and publication in the Eagle Valley Enterprise on May 3rd and 10 2012. 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. Staff received no response from the Eagle County Treasurer, or Sheriff's Office. 8. The Eagle County Environmental Health Department, Community Development Department, and Engineering Department expressed no concerns with the application. 9. The applicant has provided an alcohol management plan per the requirements of the Eagle County Local Licensing Authority. 10. The applicant has met all the necessary requirements for a Hotel and Restaurant License DISCUSSION: Ms. Scriver presented staff's findings. Staff had no concerns with the request. Commissioner Stavney asked Mr. Rindone about his place of business and his reason for liquor sales. Mr. Rindone explained that his establishment was a small deli. He wanted to offer a beer with a sandwich or a Blooding Mary for breakfast. He believed that liquor sales might only be 10 -15% of his business. He was considering opening on Sundays and extending evening hours. All his servers would be server trained. 6 05/15/2012 Commissioner Fisher encouraged Mr. Rindone and his staff to pay great attention to detail and watch his customers closely. Commissioner Fisher move that the Board find that there is a reasonable requirement and desire for the issuance of this license, therefore approve a Hotel and Restaurant License for Belmont Deli and Jockey Club, LLC d/b /a Belmont Deli 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 Stavney 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. Memorandum of Understanding between Eagle, Pitkin and Gunnison Counties for Administration of Department of Energy Grant and Establishing a Revolving Loan Fund Adam Palmer, Planning Mr. Palmer explained that in 2010 Eagle County was awarded a $4.9 million dollar grant from the Department of Energy for the creation of the Energy Smart Program. Eagle County was the lead representative for the tri- county partnership with Gunnison and Pitkin County. $985,000.00 would be transferred to "Funding Partners" that would administer the program. Joe Rowan, Executive Director of Funding Partners explained that they would facilitate the transfer of capital from other sources and direct it to homeowners and developers that targets affordability. They function as the repository of the funds and originate any loans. Applicants would be able to borrow up to $25,000.00. Ms. Mauriello stated that the county was simply creating the mechanism to make this available to the public. The county would not be making the loans directly. Mr. Rowan stated that they were having discussions with other counties. His company was most interested in driving down the cost of delivering the service. Ms. Mauriello stated that Pitkin and Gunnison County had signed off on the memorandum. Both counties had effectively authorized Eagle County to move forward in terms of Mr. Rowan organization. The contracts would not be finalized without the advice and consent of each separate county. The county would have some ability to make adjustments in the future if required. Mr. Palmer believed this was a historic event in the creation of this revolving loan fund. He believed the program was moving forward. He thanked everyone working on the project. He looked forward to expanding the program. Chairman Fisher was impressed with how far the program had come along and appreciated everyone involvement. She hoped the program would be duplicated across the country. Commissioner Stavney hoped that when the funding ran out the program would continue. Chairman Pro -Tem Stavney moved to approve the Memorandum of Understanding between Eagle, Pitkin and Gunnison Counties for Administration of Department of Energy Grant and Establishing a Revolving Loan Fund. Chairman Fisher seconded the motion. The vote was declared unanimous. Agreement between Eagle County, State of Colorado and Energy Smart Partners LLC for the Purpose of Establishing Third Party Administration of a Revolving 7 05/15/2012 Loan Fund for Department of Energy Grant Funds for Eagle, Pitkin and Gunnison County Residents Adam Palmer, Planning Commissioner Stavney moved to approve the Agreement between Eagle County, State of Colorado and Energy Smart Partners LLC for the Purpose of Establishing Third Party Administration of a Revolving Loan Fund for Department of Energy Grant Funds for Eagle, Pitkin and Gunnison County Residents subject to approval by Pitkin County and authorizing any commissioner to sign the documents. Commissioner Fisher seconded the motion. The vote was declared unanimous. Manager Update (recorded) Keith Montag, County Manager 1. Information Sharing 2. Meetings Attended / Future Meetings 3. Discussion Items 4. Fair & Rodeo Schedule, Tom Johnson 5. Open Space Work Sessions (recorded) "To Be Determined" Colorado Process Chris Romer, Economic Council of Eagle County There being no further business before th- 1O:r41 meeting was adjo -d until y 012. Attest: � Clerk to the Board '= * Chairman 8 05/15/2012