HomeMy WebLinkAboutMinutes 01/10/2000
PUBLIC HEARING
JANUARY 10,2000
Present:
Johnnette Phillips
Torn Stone
James Johnson, Jr.
James R. Fritze
Jack Ingstad
Sara J. Fisher
Chairman
Commissioner
Commissioner
County Attorney
County Administrator
Clerk to the Board
Chairman Phillips called the meeting to order stating the Board would adjourn into "Executive
Session" .
Commissioner Stone moved to adjourn into "Executive Session" to discuss settlement
negotiations with council, Case No. 99CV429, MacMenamin vs. Board of County Commissioners.
Commissioner Johnson seconded the motion. The vote was declared unanimous.
Commissioner Johnson noted the time as being 8:47 a.m.
Chairman Phillips reconvened the meeting stating the Board was returning from "Executive
Session" and noted the time as 9:00 a.m.
Commissioner Johnson moved to reconvene following the "Executive Session".
Commissioner Stone seconded the motion. The vote was declared unanimous.
Jim Fritze, County Attorney, stated the items discussed were settlement negotiations in Case No.
99CV 429 MacMenamin vs. Board of County Commissioners. He stated council was authorized to settle
if the parameters can be met.
Consent Agenda
Chairman Phillips stated the next item before the Board was the consent agenda as follows:
A) Approval of bill paying for week of January 10,2000, subject to review by County
Administrator
B) Approval of payroll for January 13,2000, subject to review by County Administrator
C) Approval of the minutes of the Board of County Commissioners meeting of December
20, 1999
D) Contract with Norris Dullea for development planning services at the Eagle County
Fairgrounds
E) Resolution 2000-004 and Power of Attorney conferring authority on Attorney's Office
to draw on Letter of Credit No. WSL890818 for Brett Ranch in the amount of $30,806.18, Area A, Lake
Creek Village Drive Right-of-Way, to expire January 13,2000, issued by Keybank Denver
F) Resolution 2000-005 and Power of Attorney conferring authority on Attorney's Office
to draw on Letter of Credit No. WSL890820 for Brett Ranch in the amount of $124,438.08, Area A, On
Site Improvements, to expire January 13,2000, issued by Keybank Denver
G) Resolution 2000-006 and Power of Attorney conferring authority on Attorney's
Office to draw on Letter of Credit No. WSL890816 for Brett Ranch in the amount of $42,240. 14, Area
D, On Site Improvements, to expire January 13,2000, issued by Keybank Denver
H) Resolution 2000-007 and Power of Attorney conferring authority on Attorney's
Office to draw on Letter of Credit No. WSL890817 for Brett Ranch in the amount of$21,747.95, Area
D, CDOT Right-of-Way Improvements, to expire January 13,2000, issued by Keybank Denver
I) Resolution concerning appointments
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J) Resolution concerning designation of official legal newspaper
K) Resolution 2000-008, concerning appointments to the Eagle County Fairboard
L) Resolution 2000-009, appointing Eagle County representatives to the Rural
Transportation Authority Policy Committee
M) Resolution 2000-010, concerning appointing Lois Walker to the Cedar Hill Cemetery
District Board
N) Resolution 2000-011, approving a county Qualified Mortgage Credit Certificate
Program.
Commissioner Johnson suggested that items I and J should be done separately as they need to be
discussed.
Jim Fritze recommended that item D be tabled for one week. That contract has been returned but
has not yet been received by the Attorney's office.
Commissioner Stone asked if any of the resolutions and powers of attorney can be withdrawn.
Mr. Fritze stated unfortunately they can't as they have not yet received the supporting
documentation.
Chairman Phillips asked about corrections or additions to the minutes. She stated on page six of
the minutes, next to the last line, Commissioner Stone asked if they could get more detail between 1999
and 2000, please insert the word budget.
Commissioner Johnson suggested the question was the difference between the bid price for the
year 2000.
Commissioner Stone stated the question was if he could get more detail in the bid.
The Board agreed to include the word bid.
Commissioner Johnson moved to approve the consent calendar as presented, incorporating the
change to the minutes, tabling item D for one week and pulling items I and J for discussion.
Commissioner Stone seconded the motion. The vote was declared unanimous.
Chairman Phillip asked Jim Fritze to read the resolution regarding the appointments for the year
2000.
Jim Fritze read the resolution into the record as follows:
"WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado
(hereinafter "the Board"), desires to make certain necessary administrative appointments and designa-
tions for the terms specified herein below; and
WHEREAS, it is necessary that the Board designate official legal depositories for the County of
Eagle, State of Colorado, for fiscal year 2000, pursuant to Sections 24-75-603 and 30-10-708, C.RS.;
and
WHEREAS, the following appointments and designations do not constitute contractual
obligations of the County of Eagle nor of the Board, and the County and the Board are not legally bound
for the respective terms of appointment or designation as specified herein below, the County, by and
through the Board, having the authority, in its sole discretion, to change, add, or abolish such
appointments and designations and to fill vacancies therefor as it sees fit.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, Commissioner Tom C. Stone be and is hereby elected Chairman ofthe Board of
County Commissioners of the County of Eagle, State of Colorado, for a one-year term commencing
today, and continuing until his successor is appointed for fiscal year 2001, in accordance with Section
30-10-307, C.RS.
THAT, Commissioner Johnnette Phillips be and is hereby elected Vice Chairman of the
Board of County Commissioners of the County of Eagle, State of Colorado, to preside, in the absence
of the Chairman, at all meetings of the Board and to sign all County orders concerning matters submitted
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to the Board or connected with its powers and duties, for a one-year term commencing today and
continuing until his successor is appointed for fiscal year 2001.
THAT, in conjunction with the aforesaid statutory authority, the Board acknowledges that it has
established various administrative departments and designated directors thereof deemed necessary by the
Board for the efficient management of the business and concerns of the Eagle County government;
however, the Board finds, determines and declares that the normal appointment of such department
directors, except as otherwise noted herein below, is not necessary nor appropriate since such directors
are under the supervision and direction ofthe County's Administrator who, in turn, is under the direct
control of the Board. The Board reserves the right and authority granted to it by statute to designate,
from time to time, certain County employees to such directorships who shall serve at the pleasure of the
Board while in such positions, to prescribe the duties to be performed by such department directors, and
to pay the same from the appropriate County fund; all of the foregoing being at the sole discretion of the
Board.
THAT, James R. Fritze be and is hereby appointed the Eagle County Attorney for the term
commencing today until further order of the Board, in accordance with Section 30-11-118, C.RS.
THAT, Jack Ingstad be and is hereby appointed the Eagle County Administrator for the term
commencing today until further order of the Board, in accordance with Section 30-11-107, CoRS.
THAT, Jack Ingstad be and is hereby appointed the Eagle County Budget Officer for the term
commencing today until further order ofthe Board, in accordance with Section 30-11-107, C.R.So and
Section 29-1-104, C.RS.
THAT, Brad Higgins be and is hereby appointed the Eagle County Road and Bridge
Supervisor for all roads constituting the County roadway system for the term commencing today until
further order ofthe Board, in accordance with Section 43-2-111, C.RS.
THAT, Kathleen Forinash be and is hereby appointed Eagle County Director of Health and
Human Services for the term commencing today until further order of the Board, in accordance with
Sections 26-1-115 and 26-1-117(1), C.R.S.
THAT, Kathleen Forinash be and is hereby appointed Secretary to the Eagle County Board
of Health and Human Services for the term commencing today until further order of the Board, in
accordance with Section 26-1-117(1), C.R.S.
THAT, Kent Petrie, M.D. be and is hereby appointed the Eagle County Health Officer for the
term commencing today until further order of the Board, in accordance with Section 25-1-601, et seq.,
CoR.S., and Brad Lyons, M.D. appointed as Deputy Health Officer commencing today until further
order of the Board.
THAT, A. J. Johnson be and is hereby appointed the Eagle County Emergency Management
Director for the term commencing today until further order of the Board, in accordance with Section 24-
33.5-707, C.RS.
THAT, Carla Budd be and is hereby appointed the Eagle County Civil Rights Officer for the
term commencing today until further order of the Boardo
THAT, James R. Fritze be and is hereby appointed Eagle County's representative to the
Community Corrections Board for the Fifth Judicial District, until further order of the Board, and
Renee Allee Black is appointed alternative representative until further order of the Board.
THAT, Johnnette Phillips be and is hereby appointed Eagle County's representative and Tom
Stone be and herein is appointed as alternate member to the Northwest Colorado Council of
Governments, for a term continuing until his successor is appointed for fiscal year 2001.
THAT, Tom Stone be and is hereby appointed Eagle County's representative and James E.
Johnson, Jr. appointed as alternate member to the Ruedi Reservoir Water and Power Authority, for
a term continuing until his successor is appointed for fiscal year 2001.
THAT, James E. Johnson, Jr. be and is hereby appointed Eagle County's representative and
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Kathleen Forinash appointed as alternate member to the Board of Directors of the Northwest
Colorado Options for Long Term Care, commencing today until further order ofthe Board, in
accordance with Section 24-33.5-707, C.R.S.
THAT, the County Treasurer of Eagle County be, and hereby is, authorized and approved to
deposit all funds and monies of whatever kind that corne into the Treasurer's possession by virtue of the
office in his/her name as such Treasurer in any legal depository as designated by the current Eagle
County Investment Policy adopted by Resolution No. 98-02 and any amendment thereto subsequently
adopted by the Eagle County Board of Commissioners.
THAT, notice of all meetings of the Board shall be posted no less than twenty four hours prior to
holding of the meeting, at the following locations, unless an alternative place is otherwise designated by
the Board: The bulletin board located at the east entrance to the Eagle County Building and the bulletin
board located outside the Eagle County Room on the third floor of the Eagle County Building. The
posting shall include specific agenda information where possible. The provisions of this paragraph do
not supersede but are in addition to any special statutory or regulatory notice requirements.
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."
Chairman Phillips asked for any discussion regarding any of the appointments. There was none.
Commissioner Stone moved to approve item I, Resolution 2000-012 Concerning Appointments as
read by Jim Fritze.
Commissioner Johnson seconded the motion. The vote was declared unanimous.
Chairman Phillips turned the gavel over to Commissioner Stone.
Commissioner Stone thanked Chairman Phillips for her service and presented her with a gift from
himself, Commissioner Johnson and the Eagle County Government. It was a picture taken of a saddle
bronc rider being bucked offhis horse, named Departures.
Commissioner Phillips extended her thanks and appreciation.
Chairman Stone stated the next item on the agenda was the item J, concerning designation of the
official legal newspaper for Eagle County Government.
Jim Fritze stated as a result of the Board's work session, two resolutions were prepared, one
designating the Eagle Valley Enterprise and the other designating the Vail Valley Times.
Commissioner Johnson moved to approve item J, Resolution 2000-013 Concerning Designation of
Official Legal Newspaper as the Eagle Valley Enterprise.
Commissioner Phillips seconded the motion.
In discussion, Commissioner Johnson stated that last year he voted to have the Vail Valley Times as
the legal paper because of the coverage. He stated because they have gone to a Friday distribution they
actual have a smaller readership than in the past. He suggested that the Eagle Valley Enterprise will
continue to serve the County well.
Kim Burn, General Manager ofthe Eagle Valley Enterprise, thanked the Board on behalf of the
paper and thanked them as well for the positive working relationship.
Chairman Stone called for the question on the motion. The vote was declared unanimous
Plat & Resolution Signing
Keith Montag, Director of Community Development, stated there are no plats or resolutions for
today's meeting.
Colorado Discretionary Aviation Grant Agreement
Jim Elwood, Airport Manager, presented the Colorado Discretionary Aviation Grant Agreement.
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He stated this project has been estimated at approximately $6.3 million dollars. This $200,000 will go
towards Eagle County's share. He thanked the Aeronautics Board for this grant which is one ofthe
largest a single airport has received. They will be opening up for bids next month.
Commissioner Johnson asked ifthere is additional work to be done not covered by this grant.
Mr. Elwood stated there is some grading and asphalt that will be done. He stated he will bring that
schedule forward at a later date.
Commissioner Johnson asked about a 90/10 split.
Mr. Elwood suggested that will be something to be determined at a later date.
Commissioner Phillips asked if this is just an update.
Mr. Elwood stated this contract needs to be executed and needs signature.
Mr. Fritze stated though he feels awkward, there is no conflict of interest concerning this matter. He
stated he is Chairman ofthe Aeronautics Board and therefore did not vote on this issue. He stated Bob
Loeffler, Deputy County Attorney, reviewed the contract.
Commissioner Phillips moved to approve the Colorado Discretionary Aviation Grant Agreement as
recommended by Staff.
Commissioner Johnson seconded the motion. The vote was declared unanimous.
Commissioner Johnson moved to adjourn as the Board of County Commissioners and reconvene as
the Local Liquor Licensing Authority.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Marko's
Earlene Roach, Liquor Inspector, presented a renewal of a hotel & restaurant license for Marko's
Pizzeria of Edwards, Inc., dbalMarko's Pizzeria. She stated this application is in order and all fees have
been paid. The Sheriffs Office reports no complaints or disturbances during the past year. Staff
recommended approval.
Kathy Esteppe, owner, was present for the hearing.
Commissioner Johnson asked about business in Edwards and Gypsum.
Ms. Esteppe stated Edwards is more tourist oriented and Gypsum more local.
Commissioner Johnson asked about the bar clientele.
Ms. Esteppe stated Edwards has a lesser crowd than Gypsum.
Chairman Stone spoke to the determination this morning that more simple matters will not be
corning before the Board in an effort to streamline the processes. He stated the resolution will be
forwarded to all1iquor license clients for their comments.
Commissioner Phillips moved to approve the renewal of a hotel and restaurant license for Marko's
Pizzeria of Edwards, Inc., dba/Marko's Pizzeria.
Commissioner Johnson seconded the motion. The vote was declared unanimous.
Champions Grill
Earlene Roach presented a change in corporate structure and renewal of a hotel & restaurant license
for Monet's Tavern, Inc., dba/Champions Grill. She stated this application removes Dolores Johnson
from the corporation. Cathy Dockery is now the only officer and stockholder. She stated Cathy Dockery
is reported to be of good moral character.
Cathy and Ralph Dockery were present for the hearing.
Commissioner Johnson asked about Dolores Johnson.
Ms. Dockery stated Ms. Johnson wanted out of the restaurant business.
Commissioner Johnson moved to approve the change in corporate structure for Monet's Tavern,
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Inc., dba/Champions Grill, removing Dolores Johnson from the corporate structure.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Commissioner Phillips moved to approve the renewal for Monet's Tavern, Inc., dba/Champions
Grill.
Commissioner Johnson seconded the motion. The vote was declared unanimous.
Vilar Center for the Arts
Earlene Roach presented a managers registration for Frederick Ramage, Beaver Creek Arts
Foundation, dba/Vilar Center for the Arts. She stated this application is in order and all fees have been
paid. Mr. Ramage is reported to be of good moral character. Staff recommended approval.
Mr. Ramage was present for the hearing.
Commissioner Johnson asked Mr. Ramage if he has managed a liquor license prior to this or worked
in the restaurant/alcohol business.
Mr. Ramage stated he has not.
Commissioner Johnson asked him how familiar he is with the Colorado Liquor Code.
Mr. Ramage stated he is becoming very familiar with it.
Commissioner Johnson asked what kind of business they plan on doing.
Mr. Ramage explained it is before the performances and during intermission. He spoke of the
patrons lounge as well.
Commissioner Johnson asked about staffing.
Mr. Ramage stated the staff is provided by Epicurean Catering from Denver, though he supervises
them when they are working the events.
Commissioner Johnson asked ifthey are TIPS trained.
Mr. Ramage stated they are.
Commissioner Phillips moved to approve the managers registration for Frederick Ramage, Beaver
Creek Arts Foundation, dba/Vilar Center for the Arts.
Commissioner Johnson seconded the motion. The vote was declared unanimous.
Chairman Stone stated this would be an example of an item that would still corne before the Board
as it is a new managers registration in Eagle County.
Sato Sushi
Earlene Roach stated the next item was a renewal of a hotel & restaurant license for X Bar Fly, Inc.,
dba/Sato Sushi. She stated the applicant could not be present today would like to table this matter to
next liquor license hearing date.
Commissioner Johnson moved to table the renewal of a hotel & restaurant license for X Bar Fly,
Inc., dba/Sato Sushi.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Commissioner Phillips moved to adjourn as the Local Liquor Licensing Authority and reconvene as
the Board of County Commissioners.
Commissioner Johnson seconded the motion. The vote was declared unanimous.
Roaring Fork River Study, Findings & Recommendations
Mark Fuller, Ruedi Water & Power Authority, presented the next item on the agenda, the findings
and recommendations of the Roaring Fork River multi-objective study. He presented overheads for the
Board's review. He stated this study was initiated in 1995 during the last major flood problems on the
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Roaring Fork River. He spoke of Jack Taylor's involvement in the project. He stated in 1995 and 1996
the Water Conservation Board did the local scoping ofthe project. The decision was to take a broad
water shed management approach to the problem and look at both the Frying Pan and the Roaring Fork
Rivers. There were a number of public scoping sessions within the valley. The studies were to include
river issue rankings. Maintenance and protection of flood plain, provisions of public access to the river,
protection of natural lands and wildlife/river habitat, protection of existing infrastructure, identify
stabilization methods, clarifying regulatory requirements, investigate trans basin diversions, identify
water quality issues. He spoke to the consulting firm they hired, BRW, who performed the actual study
on the river. He showed information on the economic impact of commercial rafting and the tracking
which increases annually and especially so with runoff. He showed the flood history of the Roaring Fork
and the impact of Ruedi Reservoir on the flows. He showed a finding of the river profiles of the Frying
Pan and Roaring Fork Rivers and the distinct differences in the slopes of the rivers. He stated you can
track by looking at this where you can anticipate future instability problems. He showed a hydrology
summary and the contributions of each tributary. He stated these are findings that are new and provide a
pretty good technical data base for determining river hydrology.
The biggest problem on the Roaring Fork is that when the river reaches a certain velocity, you
dissipate the energy by allowing the water to go into the flood plains. Determining when that happens
and how to keep the material in place is the issue. They must define a threshold event and rate it
accordingly. For that, statistics are needed. He showed the bed loan and correlation to discharge. He
spoke of the dominant discharge and showed the ten year event that will move the most amount of
material. That in turn relates to planning decisions. He stated you have to plan to stabilize for the ten
year event. If you plan for issues greater than that, you have increased cost. This is where stability
studies corne into play with land use decisions. He stated then you have to worry about how to stabilize
the river. Flood plains, slope, vegetation, armoring, and meanders and braided pattern are ways of
reducing the slopes. He stated the study goes into detail on alternative structures from the banks of the
rivers to reduce the velocity. He spoke of examples at the Ranch at Roaring Fork. He stated another
example is the drop structure by artificially reducing the slope of the river. He stated there are some
examples just downstream from Basalt. He stated rip rap is another method. He stated the most
important finding of this part of the study is they all have to be built. They can not just be dumped.
There is a structural element to make them successful and they will need some maintenance. He spoke
to the bioengineering aspects, soft controls, which are done by putting in organic kinds of structures to
encourage growth. They work well in slow velocity rivers but not where there is flooding. Another
result of the study was a regional GIS database that compiled data into a single data base which shows
the way the channel has changed over the years, identifying flood plains and zones of instability. He
stated it is a very powerful tool used to locate river problems in relation to potential development. He
stated it is something that can be integrated into planning and can improve the accuracy of analysis. He
spoke to working with the River District to get this information on the Internet to be available in the next
couple of months. He stated there is also a section with historic photographs. He showed one of the
Ranch at Roaring Fork in 1955. In 1991 you could see the development and the encroachment on the
area and that the river had become channeled. It looked much different. He then showed a photo with
the impacts of 1995 and the results of the high water. The comparison gives an interesting perspective
and tips one off to the problems that may been seen in the future.
Chairman Stone asked about Mr. Fuller's familiarity with what the Town of Basalt has done within
the town boundaries. He asked ifthey are embarking on measures to fix the situation?
Mr. Fuller stated he thinks that they are but questions their total commitment. He spoke to the
Midland A venue Bridge and the finding that in order to stabilize they need to slow the velocity and
therefore the drop structures. That is true at the bypass bridge. He stated this is just a sample of the
kinds of findings in this study. He stated Mr. Roussos has a copy and it will be available soon on the
Internet. He thinks it is a good study and the Water Conservation Board is working at expanding it's
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application. Part of the guidance for the study was a steering committee made up of residents
representing different interests. They got a lot of good data and established a local network of well
educated individuals who can talk productively about the issues.
Chairman Stone asked for questions.
Commissioner Johnson asked what type event was 1995.
Mr. Fuller responded thel00 year flood.
Commissioner Johnson asked for the cost effectiveness between a 10 year and 100 year event.
Mr. Fuller stated minor differences may make the difference. An extra row of rocks may do the
trick or larger measures may be required. He stated it must really be done on a site specific process.
Commissioner Johnson asked about the safety issues between the structures, i.e. drop structures and
rafting and the cost effectiveness of soft controls.
Mr. Fuller stated they didn't look at the currents caused by the drop structures. He stated the
bioengineering is easy to wash away. He spoke to the Northstar Preserve east of Aspen and the
meanders that naturally exist. He stated if you can put them in place they are great but there are
relatively few places where those are effective on a long term basis.
Mr. Fuller stated he is very much interested in making this kind or more detailed presentations to the
Planning Staff and would like to take advantage of an opportunity to do such.
Chairman Stone thanked Mr. Fuller for the presentation and for being available as a resource.
Division of Wildlife Manager
Pat Tucker, New area manager for the State Division of Wildlife, stated there are seven field
officers. He stated he has been with the DOW for eighteen years, the last 18 months in Denver working
on TABOR Before that he was a field officer in Durango and before that in Denver. He apologized for
having the flu. He stated one of the things he is interested in is letting local governments know who they
are and how to contact them. He stated not always do they agree or disagree but the communication is
very needed. He stated Eagle County is fortunate as there are good wildlife officers working here. He
stated it is easy being an advocate for wildlife and understands the Boards needs in making decisions.
He handed out his business card and said he was available for questions.
Chairman Stone asked when Mr. Tucker was in Durango.
He responded 1992 to 1998. He compared the similarities of the two areas.
Chairman Stone asked where the division is headed with the reintroduction of the lynx and the
wolverine.
Mr. Tucker stated the Wildlife Commission will be meeting Thursday and Friday to discuss this.
Their recommendation is to continue the program as it has in fact been a success. To the best of his
knowledge, the wolverine has been postponed for a period of time to make sure that they are doing the
right thing with the lynx.
Commissioner Phillips thanked Mr. Tucker for coming and stated that a working relationship makes
good sense. She asked about the mitigation fee that is requested by the local Division of Wildlife.
Mr. Tucker stated he is aware superficially of the existence. He asked if it is working.
Commissioner Phillips stated as long as they don't have regulations in place, it bothers her that they
expect a developer to donate to the fund when they haven't had any information on what happens to the
money. She asked if he would look into that and report back to the Board.
Mr. Tucker stated they are a referral agency not a regulatory agency. He stated land use issues are
always contentious. He stated he will try to understand that more thoroughly.
Commissioner Johnson stated he would like to get an update of the report they have previously
received which shows where the money goes and how it is used.
Mr. Tucker referred to Bill Heicher and Bill Andree and stated he will touch base with them. He
stated he would like to corne back to make a presentation in that regard.
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Chairman Stone suggested there is quite a large amount in that fund.
Commissioner Johnson suggested there are a couple of funds and the report did give an explanation.
He agreed it would be valuable for them to corne back.
Chairman Stone thanked Mr. Tucker again.
Commissioner Johnson asked for a copy of the comments the DOW made for the Forest Plan.
Mr. Tucker stated they have been asked to have the Board submit a written request to Denver.
PDS-00015, Kodiak Park PUD Sketch Plan
Mr. Clarkson apologized for the delay and stated he has just received notice that an adjacent
property owner has not received notification of the hearing.
Mr. Fritze stated in addition to the fax from the Fultons, their office received a phone call from a
number of individuals, David Meeker, Barbara Brunetti, Terry Brucker, and Debbie Weatherhood saying
they wish to testify for this part of the project but understood the meeting was in El Jebel. They are there
and would like this meeting to be tabled so they can testify.
Commissioner Phillips asked if they received notification.
Mr. Clarkson stated they were at the Planning Commission hearings and knew the date.
Chairman Stone stated the first issue is the property owner and whether they were or were not
notified. He suggested they may have to start over.
Mr. Clarkson deferred to Mr. Fritze.
Mr. Fritze stated their message is they were not notified and would like to review the plan. He
suggested he would want to speak with them and find out what they are looking for.
Commissioner Phillips asked if they had received anything beforehand from any of those named.
Mr. Clarkson spoke to a previous case where an owner was left offthe list.
Commissioner Johnson stated he would like for the individual to have the opportunity to corne
before the Board.
Mr. Clarkson stated the regulations state a minimum often days. He believes the applicant would
very much like to have the Fulton's included in this process.
Chairman Stone asked about two individuals present.
lB. McCarthy and his friend who work for Ace Lane were present to hear the process. Also present
was the project engineer for the project.
Commissioner Johnson asked Mr. Clarkson his recommendation.
Mr. Clarkson stated he is sympathetic to the applicant but believes notice to the Fultons must be
made.
Mr. Fritze suggested tabling for two weeks to include the Fultons
Glen Rappaport and Glen Horn were present for the hearing. Mr. Horn stated they would not want
to do anything that would violate due process but do not want to jeopardize any actions to be taken. Mr.
Rappaport stated at the Planning Commission hearing there were three home owners that were present
and there was good representation. He stated it is a lot of effort to get their project engineer up from
Denver.
Chairman Stone suggested they could table it and not hear anything or they could hear part of the
file and then table.
Commissioner Johnson suggested they may have a complaint from the public if they were not able
to hear the entire file.
Jim Fritze concurred. He stated he has no way of knowing whether this person is someone who
should have received notice.
Commissioner Johnson stated unfortunately to take into consideration the applicant's best interest
they should table this for two weeks.
Commissioner Johnson moved to table PDS-00015 Kodiak Park PUD Sketch Plan until January 24,
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2000.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Paul Clarkson pointed it out that it was not the fault of the applicant for notice not being given.
Jim Fritze stated in addition to the Fultons, they will get notice to David Meeker, Barbara Brunetti,
Terry Brucker, and Debbie Weatherhood who also were unable to attend as they thought the hearing was
to be held in El Jebel.
Two individuals came into the room and were questioned by Chairman Stone as to their purpose.
They responded they were here as public to participate in the hearing.
Chairman Stone informed them the hearing was tabled until the 24th of January.
Jim Fritze noted for the record that the hearing did not actually commence.
There being no further business to be brought before the Board the meeting was adjourned until
January 18, 1999.
~e~
Cha1rman
Attest:
Clerk to the Bo
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