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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 1 01-10-2000 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 2 01-10-2000 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 3 01-10-2000 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. -4- 01-10-2000 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, -5- 01-10-2000 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 -6- 01-10-2000 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 -7- 01-10-2000 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. -8- 01-10-2000 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, -9- 01-10-2000 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 -10- 01-10-2000