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HomeMy WebLinkAboutMinutes 03/15/99 ~ PUBLIC HEARING MARCH 15, 1999 Present: Johnnette Phillips James Johnson, Jr. James Fritze James Hartmann Sara J. Fisher Chairman Commissioner County Attorney County Administrator Clerk to the Board Absent: Tom Stone Commissioner This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Consent Calendar Chairman Phillips stated the first item on the agenda was the consent calendar as follows: A) Approval of bill paying for week of March 15, 1999, subject to review by County Administrator B) Approval of the minutes of the Board of County Commissioners meeting of February 22, 1999 C) Resolution 99-033 endorsing and committing to Eagle County, being the host county for the National Association of Counties Western Interstate Regional Annual Conference to be held May 2001. Commissioner Johnson spoke to item B and on page 2 of the minutes a correction from Ms. Sante to Mr. Sante. Chairman Phillips spoke to item C and stated she will not be here to help host the conference in 2001. Commissioner Johnson stated this was something that Bud Gates had always wanted to host. He suggested it would be good for the economy. Chairman Phillips stated she is not opposed to it, but knows it is a lot of work. She spoke to the two pages of responsibilities listed in the resolution. Commissioner Johnson moved to approve the consent calendar as presented. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone was not present at this meeting. Plat & Resolution Signing Scot Hunn, Planner, stated there are no plats or resolutions today. Resolution 99-034, Supplementary Budget & Appropriations Terry Lowell, Finance Director, presented Resolution 99-034, adopting a supplementary budget and appropriation of unanticipated revenues for fiscal year 1999 and authorizing the transfer of budgeted and appropriated moneys between various spending agencies. He explained the Resolution to the Board saying 85% is carry forward and 15% is new monies. He explained the carry forward, stating about $2,000,000 is a transfer of funds to participate in the East Brush Creek project. The departments were 1 03-15-1999 . present to answer questions. Commissioner Johnson asked Mr. Montag about the $57,000 to complete the Land Use Regulations. He asked if these amounts will cover the items the Board asked to be completed, the cluster, wildlife, riparian. Keith Montag, Director of Community Development, stated the intent is to do much of it in house but to use the consultant for review and support. He stated this would include the additional lands. The monies will be for facilitation and the expenses for the production. Using the funds for the community plans is not the intent. Commissioner Johnson asked Ms. Forinash about the cell phones. Kathleen Forinash, Director of Health & Human Services, stated they are primarily for the home visitors. Commissioner Johnson asked what kind they are getting. Ms. Forinash stated US West/AirService. Commissioner Johnson questioned the monthly charges. Ms. Forinash stated the two cell phones are $600 and the $360 for monthly charges. Commissioner Johnson suggested they look at what kind they buy. Under Social Services they have one additional cell phone. Ms. Forinash explained. Commissioner Johnson questioned the six new phone lines. Ms. Forinash explained they had to add additional phones for the work stations. It was more economical to purchase than to lease. Chairman Phillips asked about the additional for Head Start. She asked if that was budgeted and if it would be sent from the State. Ms. Forinash explained the budget and that this carries forward the start up costs that will be reimbursed by the state. She stated they will here by May about the grant award. Commissioner Johnson moved to approve Resolution 99-034 adopting a supplementary budget and appropriation of unanticipated revenues for fiscal year 1999 and authorizing the transfer of budgeted and appropriated moneys between various spending agencies, noting that Ms. Forinash will look at the phone hardware. He spoke to the Brush Creek purchase and the collaborative effort with other governments. Jim Hartmann, County Administrator, explained. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Commissioner Johnson moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Pier 13 Liquors Earlene Roach, Liquor Inspector, presented a renewal of a retail liquor store license for Thomas J. Domenico, dba/Pier 13 Liquors. She stated this applicant was suspended in 1998 for four days, two of those held in abeyance for one year. The Sheriffs Office reports no complaints or disturbances during the past year. She stated this application is in order and all fees have been paid. Staff recommended approval. Tom Domenico, applicant, was present for the hearing. Commissioner Johnson spoke to the stable employee base. Mr. Domenico stated they TIPS train any new employees. 2 03-15-1999 Commissioner Johnson commended Mr. Domenico on his efforts and the carding of all liquor purchases. Commissioner Johnson moved to approve the renewal of a retail liquor store license for Thomas J. Domenico, dba/Pier 13 Liquors. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Taste of Vail, Inc. Earlene Roach presented an application for a Special Events Permit for Taste of Vail, Inc. She stated this application is in order and all fees have been paid. The event is for April 9, 1999 from 7:00 a.m. to 6 :00 p.m. and will be held on Vail Mountain. Staff does question alcohol being sold and served at 7:00 a.m. The premise was posted and notice was published. Staff recommended approval. Kate Lewis, event manager, stated the event hours are 12:00 to 3:00 but they begin setting up at 7 :00 and have alcohol on the premises. Commissioner Johnson questioned the location as it stated Vail Mountain. Ms. Lewis read the legal description. She stated it is on top of the gondola and to the east. You must use a people mover to get there. Ms. Roach showed the Board a map of the location of the premises. Commissioner Johnson asked about control of the boundaries. Ms. Lewis explained they build snow castles and then have security walking the perimeter. She stated she has been involved since 1996 and they have had the snow castles since then. Commissioner Johnson moved to approve the special events permit for Taste of Vail, Inc. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Two Elk Restaurant Earlene Roach presented a managers registration for Doug Wooldridge, Vail Food Services, Inc., dba/Two Elk Restaurant. She stated Mr. Wooldridge is reported to be of good moral character. This application is in order and all fees have been paid. Staff recommended approval. Karen Novotny, Legal Council, was present for the hearing and introduced Doug Wooldridge. Ms. Novotny explained the change in trade name and the fact that they were applying for an additional trade name. They did apply for the new trade name but they did not want to extinguish Vail Food Services Inc. She stated it probably would have been best to inform this Board by a letter rather than changing the names. Ms. Roach stated on the 22nd of this month the Board will be asked to rescind the previous motion. Commissioner Johnson asked Mr. Wooldridge's history. Mr. Wooldridge stated he has been in the business for eighteen years. Commissioner Johnson asked if has managed a liquor establishment previously. Mr. Wooldridge stated he worked for Vail Associates last year and has been in Colorado for two years. Commissioner Johnson asked about his familiarity with the Colorado Liquor laws. Mr. Wooldridge stated he is very familiar with the Colorado Liquor Code. Commissioner Johnson asked about serving alcohol during the summer season. Mr. Wooldridge stated they only serve during the winter and right now only beer and wine due to 3 03-15-1999 the fire before the season started. Commissioner Johnson asked about TIPS training. Ms. Novotny stated all employees are all TIPS trained. Discussion continued on service and spring time consumption. Commissioner Johnson moved to approve the managers registration for Doug Wooldridge Vail Food Services, Inc., dba/Two Elk Restaurant. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. Commissioner Johnson moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Phillips seconded the motion. The vote was declared unanimous. SE-00017, Orgish Subdivision Jean Garren, Planner, presented file number SE-00017, Orgish Subdivision. She stated this was a request to create a legally non-conforming lot by means of a subdivision exemption. She stated there were only two issues of concern to staff. One, there did occur in 1998 a change of boundaries and the fact there are existing structures that are encroaching the setbacks. She explained the remedies. Staff recommended approval. Commissioner Johnson moved to approve file number SE-00017, Orgish Subdivision, incorporating staff findings and authorizing the Chairman to sign the plat. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. AFP-00050, Cordillera Valley Club, Lots 12 & 13, Filing 6 Eric McCafferty, Planner, presented file number AFP-00050, Cordillera Valley Club, Lots 12 & 13, Filing 6. He stated this was a request to amend the common lot line shifting the common lot line 20 feet to the west, increasing the size of Lot 13 and decreasing the size of Lot 23. He stated the applicant had intended to follow the review process but one of the land owners did not respond. Therefore it is being reviewed by the Board. Staff recommended approval. Commissioner Johnson moved to approve file number AFP-00050, Cordillera Valley Club, Lots 12 & 13, Filing 6, incorporating staff findings. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. ZS-00003, Gypsum Ranch Sand & Gravel Pit Eric McCafferty presented file number ZS-00003, Gypsum Ranch Sand & Gravel Pit. He stated this was a request to review compliance with Phase 1 approval conditions. He spoke to additional information they have received which is a water supply contract. Commissioner Johnson asked if this is the first review of this type they are going to be seeing. Mr. McCafferty stated on those gravel pits for which this has been required. Mr. McCafferty reviewed the history of this project and spoke to his site visit of February 18. He referred to staff s report and summarized the conditions of Resolution 97-146. Mr. McCafferty read staff s analysis of each of the conditions as contained in staff s report. 4 03-15-1999 Staff is in substantial agreement with the applicant that the 10 approval conditions have been met. Therefore, the applicant should be allowed to commence Phase 1 operations. However, before the Board gives its final authorization in this regard, the following items require further discussion and resolution and perhaps adopted as approval conditions. Commissioner Johnson asked in supplying a new mining plan if it is necessary to submit it to the state. Mr. McCafferty stated that was submitted for approval originally. He thinks it would be helpful for the review of compliance in phase 2. He does not know if that must be submitted to the State, but will find out. Commissioner Johnson suggested the intent ofthe Board was that they would be able to do the preparation in Phase 1 and that when there is a full blown operation the dust abatement program is a good one. John Venegrin, Engineering Department, stated the Engineering Department does not believe that condition #3 has been complied with. The procedure is that they bring in the construction drawings before they do the work. The plans have not been approved nor have the "as built" drawings. He asked that "as built" drawings be submitted and approved. Terrill Knight, Knight Planning, was present for the hearing as was Dick Stevenson and Ed Olszewski to address the water issue. Mr. Knight stated they have made every effort to comply and they agree the site work must be complied with prior to any extraction. He stated the confusion was a wording issue. He stated they will revise the phasing plan to meet their best estimate on the ten year plan. He stated it is his understanding that if they are meeting their conditions, it does not need to be amended. Concerning John Venegrin's comments they did get ahead of themselves. He stated "as built plans" will be submitted. He stated the ones within the Town of Gypsum were approved and met the standards. He believes they can meet that requirement. He stated they are requesting approval to move forward with Phase 1. Commissioner Johnson asked if they are talking about permanently changing where they will be delivering water from 1 G. Mr. Olszewski explained this paragraph allows them to deliver from alternate sources. Commissioner Johnson asked about 6B and the termination of contract. He stated if there is going to be a change or a termination of the agreement that the Board be advised. He asked that be substituted for staffs recommended condition #3. Commissioner Johnson moved to approve the commencement of Phase I and to accept staff s report for that phase incorporating recommended condition # 1. Condition #2 to read if there is a termination of the water supply contract that the Board of County Commissioners be notified immediately and Condition #3 reading that an "as built" plan be submitted to the Engineering Department and the Colorado Department of Transportation for their approval. Chairman Phillips seconded the motion. In discussion, Bob Loeffler, Deputy County Attorney, stated if CDOT and/or the Engineering Department don't approve the plans, they will make the changes necessary for approval. Chairman Phillips called for the question on the motion. Of the two voting Commissioners the vote was declared unanimous. ZS-00043, MTM Clear Creek Telecommunications Site Terri Bernath explained that the public notice advertised in the Eagle Valley Enterprise was actually advertised in error stating the date of April 19. Therefore this matter needs to be pulled. Mac Neumann, representing Mountain Top Management, explained they had hoped the 5 03-15-1999 procedures had be followed properly and they are concerned with the delay. Commissioner Johnson asked if they can expedite this. Ms. Bernath explained the building permit can be submitted. She explained they have a certain time period in which they can construct. Mr. Neumann explained ifthey have no other concerns they may be able to start before May 15. Chairman Phillips asked if they have heard from anyone that they may attend this hearing. Ms. Bernath explained she has not heard from anyone. Chairman Phillips stated it is unfortunate that they have to postpone this. Commissioner Johnson apologized and suggested they take the building permit application to be ready if and as soon as it is approved on April 19. Chairman Phillips suggested the applicant meet with Ms. Bernath to get settled any outstanding issues that may need to be taken care of beforehand. Mr. Loeffler spoke to the reclamation agreement. The Board concurred to pull this item. ZC-00026, PDSP-00007, Ranch House PUD Terri Bernath presented file numbers ZC-00026 & PDSP-00007, Ranch House PUD. She stated this was a request to create a mixed-use PUD, six dwelling units, contractor storage, agriculture and home office on a 1.7 acre parcel at the eastern intersection of US Highway 6 and the Reserve Bridge. She explained the different components. Open space has been designated as 30-40' strip of land along the Eagle River. This area is to be dedicated to the residents of the PUD for recreation. Other open areas within the PUD have been described as common area for use by residents. Access to the property is proposed from the Reserve Bridge through a private driveway. Water is to be provided from an on-site well for Units 1 and 2. Ms. Bernath reviewed the history and stated that staff had recommended denial but after various changes by the applicant, staff has come to accept the application with the considerations the applicant is willing to make. Ms. Bernath reviewed those mitigations. She stated the Planning Commission shared concern with the same issues and the appropriateness of the site for the variety of uses proposed. They recommended conditions regarding permanent screening and a review by the Avon Fire Department as well as erosion conditions. Staff is now recommending approval with conditions as listed on Staff s report. She reviewed items #8 and #9 concerning the berms and the control fence. #10 and #11 are standard conditions for development review. Chairman Phillips asked what an erosion control fence is. Ms. Bernath explained they are plastic control fences that are buried in the ground. Ray Merry, Environmental Health Officer, further explained they are silt fences that allow water to pass through but not the silt. Chairman Phillips explained when they visited there was plenty of vegetation on the berm. Mr. Merry explained the location. Ken Long, Isom and Associates, stated they may have a problem with #2.but thinks they can work that out with staff. He stated for him to get his CO his water comes through under the proposed units and needs a permit to finish that before he can get a CO. Ms. Bernath stated they are concerned that this garage has been built for some time and the sewer hook up is not up yet. Staff would want evidence that it could be accomplished. Mr. Long stated the district has approved all that has been done and the question is now to cover them up and put a building on top. Mr. Loeffler asked ifthe condition is they have to have a CO by a date certain it would accomplish the goal for both. 6 03-15-1999 Mr. Long responded they have to go through final plat first. He suggested by July 1 they should have everything completed. Ms. Bernath suggested that is somewhat ambitious. She suggested by the end of this year. Mr. Loeffler suggested fixing it to a fixed date, like within two months of final plat. Commissioner Johnson suggested a date certain in case they don't come in for final plat. All agreed on October 1, 1999. Commissioner Johnson moved to table file number PDSP-00007, Ranch House PUD to March 22, 1999 stating he is not ready to vote for this plan at this time. Mr. Loeffler asked for public comment for the record. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unammous. Commissioner Johnson moved to continue file number ZC-00026, Ranch House PUD to March 22, 1999. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanImous. There being no further business to be brought before the Board the meeting was adjourned until march 22, 1999. .,\;, 7 03-15-1999