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HomeMy WebLinkAboutMinutes 05/21/13 PUBLIC HEARING May 21, 2013 Present: Jon Stavney Chairman Sara Fisher Commissioner Jill Ryan 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: Manager Update Keith Montag, County Manager - Communications Update,Kris Friel - Information Sharing - Team Updates - Meetings Attended/Future Meetings - Discussion Items 1. Eagle River Preserve,Toby Sprunk Attorney Update Bryan Treu, County Attorney Executive Session Homestead sidewalks Discussion of Cattleman's Club Request for variance from improvement standards Legal advice pertaining to the appointment of Eagle County and RFVRPC planning commission members Consent Agenda Chairman Stavney stated the first item before the Board was the Consent Agenda as follows: 2. Approval of Bill Paying for the Week of May 20, 2013 (Subject to Review by the Finance Director) John Lewis,Finance 3. Approval of Payroll for May 30,2013 (Subject to Review by the Finance Director) John Lewis,Finance 4. Eagle County Airport Renewal Proposal for Airport Liability Insurance with Chartis from Aon Risk Solutions Kathy Lawn,Airport 5. Intergovernmental Agreement between Eagle County and the Western Eagle County Ambulance District for CPR Education and Training 1 05/21/2013 Jessie Mosher, Sheriff's Office 6. Ratification of Agreement for Professional Services between Justice Benefits, Inc. and Eagle County for Professional Services in Assisting in the Application Process for the State Criminal Alien Assistance Program Jessie Mosher, Sheriff's Office 7. Agreement between Eagle County and Vision Security, LLC for Fire and Security Alarm Monitoring, Testing,Inspection and Repair Ron Siebert,Facilities Management Commissioner Ryan asked Ron Seibert about item 7. He explained that it would be an appropriation change rather than a supplemental request. Commissioner Fisher moved to approve the Consent Agenda for May 21, 3013,as presented. Commissioner Ryan seconded the motion. The vote was declared unanimous. Jessie Mosher,with the Sheriff's office explained the State Criminal Alien Assistance Program Grant process. Commissioner Fisher stated that she wanted to find the correct term for those in the country without documents, or illegally. Commissioner Ryan believes that"undocumented worker"was a better way to refer to these individuals. Citizen Input Chairman Stavney opened and closed citizen Input, as there was none. Commissioner Ryan moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Local Liquor Licensing Authority. Commissioner Fisher seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office 8. APPLICANT: X-Bar Fly, Inc. TRADE NAME: Sato Sushi REPRESENTATIVE: Peter Mueller, Owner LOCATION: 56 Edwards Village Blvd. Suite 120,Edwards-CO REQUEST: Change of Location STAFF REPRESENTATIVE: Kathy Scriver DESCRIPTION: The applicant has requested a permit to change the location of their Hotel and Restaurant Liquor License from Edwards Corner to 105 Edwards Village Blvd. E-101 &E-102 in the Edwards Village Center. Sato's remains a popular,well established local restaurant.The location change puts the restaurant back near its original location where it first opened in 1998. STAFF REPORT AND FINDINGS 2 05/21/2013 The first order of business is to establish the neighborhood. The Board has been provided with a petition submitted by the applicant and summary prepared by the Clerk's Office. ESTABLISHING THE NEIGHBORHOOD: Staff recommends the following: All areas with a five-mile radius from the proposed location, including but not limited to Arrowhead, The Reserve,River Pines,Homestead, Old Edwards Estates,Singletree and Cordillera. MOTION: Commissioner Ryan moved that the Board establish the neighborhood as recommended by staff. All areas within a five-mile radius from the proposed location, including but not limited to Arrowhead, The Reserve,River Pines,Homestead, Old Edwards Estates,Singletree and Cordillera. Commissioner Fisher seconded the motion. The vote was declared unanimous NEEDS AND DESIRES OF THE NEIGHBORHOOD: 1. All members of the Board 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. Public notice has been given by the posting of a sign in a conspicuous place on the premises May 10, 2013 and by publication in the Vail Daily,May 11, 2013 and Eagle Valley Enterprise,May 16,2013. 3. The location complies with distance requirements and applicable zoning laws of the county. 4. These findings have been made known, in writing,to the applicant and other interested parties, five(5) days prior to this hearing. 5. All documentation is in order and all fees have been paid. CONCERNS/ISSUES: Staff has no concerns with this request. DISCUSSION: Ms. Scriver explained that the business was moving due to the opportunity to own the new space. All paperwork and requirements had been submitted,but the diagram would be slightly different. The new location would take three spots E101, E 102 and E 103 as well as the patio area. There was much discussion about the reasonable boundary for the neighborhood considerations. Commissioner Fisher wondered why the distance had changed. Ms. Scriver explained that with past files a five-mile radius was allowed. Commissioner Fisher expressed that before making a decision the board should be informed. Chairman Stavney asked about the boundary and how it would be enclosed. Peter Mueller explained that it would be a concrete enclosure and fencing between the two spaces. Ms. Scriver showed the commissioners the new boundary for the proposed service area. Chairman Stavney suggested approving the change of location conditioned upon the formal submission of a boundary map satisfactory to the staff. Commissioner Fisher asked to see the detail of the patio enclosure along with exit possibilities. She suggested using the Down Valley Tavern example for reference. 3 05/21/2013 Commissioner Ryan moved that the Local Liquor Licensing Authority approve a Change of Location for X-Bar Fly, Inc. d/b/a Sato Sushi,having considered the reasonable requirements and desires of the neighborhood, the evidence submitted and incorporating staff findings. Such permit shall be issued upon the written findings and decision of this Board and upon a final inspection of the premises by our Clerk and Recorder's Office to determine that the applicant has complied with the site information that will be provided to staff and as may be required by the Colorado Liquor Code Commissioner Fisher seconded the motion. The vote was declared unanimous. Commissioner Fisher moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Ryan seconded the motion. The vote was declared unanimous. Planning Files 9. VIS-4065 Cattleman's Club Request for Improvements from Variance Standards Ben Gerdes, Engineering Carmen Weiland: Cattleman's Club Homeowner's Association,Applicant Tracy Kinsella: Garfield&Hecht,P.C.,Representative Note: Tabled from April 30,2013 Action: On February 19,2013 the Board of County Commissioners voted unanimously to approve with conditions a request from the Cattleman's Club HOA for Variances to Improvement Standards for Dual Access,Emergency Vehicle Turnaround Areas and Road Improvement Standards. One of the conditions of approval required the applicant to improve a secondary emergency egress. It has become evident that this condition cannot be met. The applicant is requesting that the BoCC consider their request for a Variance to Improvement Standards without the condition of approval that would require a secondary emergency egress. Location: West Lake Creek Reference: Staff Report in April 30, 2013 meeting minutes Commissioner Ryan moved to table file no.VIS-4065 Cattleman's Club Request for improvements from variance standards until May 28,2013. Commissioner Fisher seconded the motion. The vote was declared unanimous. Work Sessions (recorded) 10. Castle Peak Senior Care Update Jill Klosterman,Housing Open Session Design and Entitlement Update Financing Update Executive Session Discuss negotiations concerning fundraising 4 05/21/2013 Legal advice regarding the following draft agreements: Right of First Refusal, Ground Lease, and Development Services Agreement 11. Capital Improvements Projects Update Tom Hyatt,Finance Ken Whitehead,Public Works There being no further business before the ard, e meeting was adjourned until May 28, 2013. soake Attest: c z', ,� , - y� �`' K jLe.c.� ` Clerk to the Board � * * Chairman 5 05/21/2013