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Minutes 02/11/14 PUBLIC HEARING February 11, 2014 Present: Jill Ryan Chairman Kathy Chandler-Henry Commissioner Sara Fisher Commissioner Keith Montag County Manager Ms.Ayres-Oliver Assistant County Attorney Kathy Scriver Deputy Clerk to the Board This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Ryan stated the first item before the Board was the Consent Agenda as follows: 1. Approval of Bill Paying for the Week of February 3, 2014(Subject to Review by the Finance Director) John Lewis,Finance 2. Approval of Payroll for February 20,2014(Subject to Review by the Finance Director) John Lewis,Finance 3. Colorado Petroleum Storage Tank Fund Reimbursement Application Harry Taylor,Fleet Services 4. Grant Recipient Agreement between Eagle County and Valley Life for All for Support of Programs to Aid People with Disabilities Rachel Oys,Administration 5. Grant Recipient Agreement between Eagle County and Crown Mountain Park and Recreation District for Construction of a Shade Structure at Crown Mountain Park Rachel Oys,Administration 6. Grant Recipient Agreement between Eagle County and Aspen Camp for the Deaf and Hard of Hearing for General Operating Support Rachel Oys,Administration 7. Grant Recipient Agreement between Eagle County and Aspen Center for Environmental Studies for Environmental Science Education Rachel Oys,Administration 8. Grant Recipient Agreement between Eagle County and Roaring Fork Outdoor Volunteers for the Young Stewards Initiative Rachel Oys, Administration 9. Grant Recipient Agreement between Eagle County and Walking Mountains Science Center for General Operating Support Rachel Oys,Administration 10. Grant Recipient Agreement between Eagle County and WindWalkers for Therapeutic Riding and Mental Health Programs Rachel Oys,Administration 1 02/11/2014 11. Grant Recipient Agreement between Eagle County and Aspen to Parachute Dental Health Alliance for Expansion of Smiles to Students Dental Health Program Rachel Oys,Administration 12. Resolution 2014-007 Approving the Ute Forest Lots A-1 and C-3 Variance from Improvement Standards (Eagle County File No. VIS-4434) Taylor Ryan, Engineering Commissioner Chandler-Henry spoke about the grant recipients on the agenda and the county's excitement to be making the investment into community projects through non-profits. Commissioner Fisher moved to approve the Consent Agenda for February 11, 2014, as presented. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Chairman Fisher spoke about the Up with People group visiting the valley. There were around 100 people visiting from all over the world. There would be a performance held at the Eagle Valley High School at 7:00 pm. She encouraged everyone in the community to open their hearts, minds and ears in welcoming them. Citizen Input Chairman Ryan opened citizen input. Barbara Allen believed the valley must be saved from being inundated with pot. She wondered if the citizens really wanted pot sold to 300,000 guests coming to the valley. She wondered if the county really wanted to be a global tourist pot market. She spoke about the guards needed at the grow facilities in Denver. She asked the board if they were aware of the water and land pollution caused by the growing pot in California. She would rather see the number of alcohol stores double in Edwards around the schools rather than to see one recreational marijuana dispensary. Alcohol had at least 50 years of education and regulation. She asked Commissioner Fisher who gave her permission to give up. Marijuana data was growing day to day and the county needed to keep up with what was going on in Denver and California before making decisions that would hurt the county. People in the community were saying that the county's reason for approving marijuana was for money and the county would not change their minds on having marijuana in Edwards until there was a fatality. Chairman Ryan closed citizen input Commissioner Chandler-Henry 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 13. Special Event Permits APPLICANT: Chill Foundation REQUEST: Special Event Permit(s) EVENT: 2014 Burton US Open Snowboarding Championships DATE: March 5, 6, 7, and 8, 2014 REPRESENTATIVE: Peggy Wolfe, Event Manager LOCATION: Vail Mountain, Gold Peak-Near Chair 12 STAFF REPRESENTATIVE: Kathy Scriver CONCERNS: None 2 02/11/2014 DESCRIPTION: This is the second year that the applicant has requested permits for this event. The event will be held on Vail Mountain-outside the Town of Vail and beyond the Vail Resorts liquor boundary. Within the licensed boundary there will be a tent staffed and serviced by Vail Resorts. Lonestar Security will work in conjunction with Vail Mountain Security to monitor alcohol sales and traffic in/out of the area. The liquor boundary will be defined by natural and man-made banks of snow. The event will be held March 3-9,2014 8 am-4 pm and alcohol service will be March 5-8 from 11 am-4 pm. 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 on the premises January 31, 2014, at least 10 days prior to the hearing. 3. There have been no protests filed with the Clerk and Recorder's Office. 4. The applicant has provided an alcohol management plan. 5. Eagle County Sheriff's Office has been notified. DISCUSSION: Ms. Scriver presented the request. She indicated that staff had no concerns with the application. Peggy Wolfe provided the details of the event. Last year's event was very successful and this year was the first year after the Olympic boycott. They expected a bigger draw with international media. Commissioner Chandler-Henry asked for an overview of the Chill Foundation. Ms. Wolfe stated that the Chill Foundation was Burton's non-profit that helped at risk youth access snowboarding. Commissioner Fisher asked if food service would be available. Ms.Wolfe stated that Vail Resorts would provide the food sales with alcohol. Commissioner Fisher was challenged by the purpose of the event and the need for alcohol sales in multiple locations. Ms. Wolfe stated that based last year's event; it wasn't a big drinking festival. Commissioner Fisher encouraged Ms. Wolfe to be mindful of recycling. Commissioner Fisher moved that the Local Liquor Licensing Authority approve the permit(s) for the Chill Foundation event being on Vail Mountain,March 5, 6, 7, and 8,2014 from 9 am to 8 pm daily with alcohol service restricted from 11:00 am to 4:00 pm. Commissioner Chandler-Henry 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. 14. Transfer of Ownership APPLICANT: Timbers BG Beverage,LLC TRADE NAME: Timbers Bachelor Gulch REPRESENTATIVE: Gregory Spencer. Chief Operating Officer 3 02/11/2014 LOCATION: 100 Bachelor Ridge Trail,Avon(Bachelor Gulch)—CO 81620 REQUEST: Transfer of Ownership STAFF REPRESENTATIVE: Kathy Scriver CONCERNS/ISSUES: None DESCRIPTION: The applicant has requested the Transfer of a Private Hotel and Restaurant Liquor License from Ritz- Carlton Hotel Company, LLC&.The Ritz-Carlton Development Company d/b/a The Ritz-Carlton Club-Bachelor Gulch. The applicant is currently operating under a Temporary Permit issued by the Local Licensing Authority October 29,2013. 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 reports 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,January 31,2014, at least 10 days prior to the hearing. 7. Publication 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 that would alter the usage. 4 02/11/2014 STAFF CONCLUSION: The applicant has met all the necessary requirements for a transfer of ownership. DISCUSSION: Ms. Scriver presented the application and indicated that based on the CBI report,the applicant was of good moral character and staff had no concerns with the request. Gregory Spencer stated that they took over operations effective the 1st of November. Since that time they increased staffing by about 20%. There had been about a 25-30%increase in value. They have had refresher training for 5 of their managers and 2 of their line staff. They did not have a bar but did special events throughout the week. They were gearing up for a$6-7.5 million dollar renovation this spring. Commissioner Fisher spoke about the Habitat for Humanity home store and hoped they would consider donating any furnishings. Commissioner Chandler-Henry moved that the Local Liquor Licensing Authority approve the transfer of a Private Hotel and Restaurant liquor license from Ritz-Carlton Hotel Company,LLC&The Ritz-Carlton Development Company d/b/a The Ritz-Carlton Club Bachelor Gulch to Timbers BG Beverage,LLC d/b/a Timbers Bachelor Gulch. Commissioner Fisher seconded the motion. The vote was declared unanimous. 15. New License APPLICANT: Connelly's,LLC DBA: E-Town Colorado REPRESENTATIVE: Kevin Egan, Owner LOCATION: 0295 Main Street Unit C-104 Edwards (Riverwalk) REQUEST: New—Hotel and Restaurant Liquor License STAFF REPRESENTATIVE: Kathy Scriver DESCRIPTION: E-Town Colorado is an established restaurant located in Riverwalk-Edwards. They opened in 2006 and were issued a liquor license the same year,the 16th of August. Since that time the owners have operated a successful business having only failed one compliance check in 2011. They were ordered to a fourteen day suspension and served two days of active suspension. The reason for this request is that the owner submitted a renewal application more than ninety days after the expiration of the license and per the State Liquor Code(12-47- 302 (2)(b)C.R.S),must apply for a new license. ESTABLISH NEIGHBORHOOD: The first order of business is to establish the neighborhood. Staff recommended that the definition of the"neighborhood"include the area within a two-mile radius from the proposed location. Commissioner Fisher moved that the Local Liquor Licensing Authority establish the neighborhood to include the area within a two-mile radius from the proposed location. Commissioner Chandler Henry seconded the motion. The vote was declared unanimous. NEEDS AND DESIRES OF THE NEIGHBORHOOD 5 02/11/2014 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. The Petition was circulated by the applicant. 3. Staff reviewed the petition and approximately 152 signatures were collected favoring the issuance of the license. 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. Compliance with applicable zoning laws of the county. 4. Whether the fees have been paid. 5. Whether the applicants are of good moral character. 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 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 January 31, 2014 and publication in the Eagle Valley Enterprise on January 30 and February 6,2014. 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. These findings have been made known, in writing,to the applicant and other interested parties, five(5)days prior to this hearing. 7. The applicant has submitted proof of possession of premises. 8. The Planning, Environmental Health, and Engineering Departments expressed no concerns or issues with the application at this time. 9. Staff received no comments from the Sherriff s Office, Building Department, or County Treasurer. 10. The applicant has provided an alcohol management plan and will insure that all staff serving, selling, or dispensing alcohol will be server trained within 30 days of hire. 6 02/11/2014 STAFF CONCLUSION: The applicant has met all the necessary requirements for a Hotel and Restaurant liquor license. DISCUSSION: Ms. Scriver presented the request. Staff had no concerns. Kevin Egan stated that it was a mistake and they would like to re-implement the service as quickly as possible. Ms. Scriver stated that the application had already been reviewed by the state and everything was as it should be. If the board approved the application E-Town could be back in business by evening. Commissioner Fisher moved that the Board find that there is a reasonable requirement and desire for the issuance of this license,therefore approve a Hotel and Restaurant Liquor License for Connelly's,LLC d/b/a E- Town Colorado 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, as required by the Colorado Liquor Code. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Work Sessions (recorded) 16. Freedom Park Parking Lot Design Taylor Ryan and Eva Wilson, Engineering 17. Board of Health Quarterly Update Jennifer Ludwig,Health&Human Services There being no further business before t ►s w -eting was adjourned u :ebruary 18, 2014. • . . _Ar Attest: .• =a � ' _ _ Clerk to the Board C j an 7 02/11/2014