HomeMy WebLinkAboutMinutes 04/10/2000
PUBLIC HEARING
APRIL 10, 2000
Present:
Johnnette Phillips
Michael Gallagher
James R. Fritze
Jack Ingstad
Sara J. Fisher
Chairman Pro-tem
Commissioner
County Attorney
County Administrator
Clerk to the Board
Absent:
Tom Stone
Chairman
This being a scheduled Public Hearing the following items were presented to the Board for their
consideration:
Consent Agenda
Chairman Pro-tem Phillips stated the first item was the consent agenda as follows:
A) Approval of bill paying for week of April 10, 2000, subject to review by County
Administrator
B) Approval of the minutes ofthe Board of County Commissioners meeting of March 27,
2000
C) Resolution and Power of Attorney conferring authority on the Attorney's Office to
draw on Letter of Credit No. S80 1524 for C & B Development Co, LLC for Road Cut Permit No. 2495,
in the amount of $2,000.00 to expire April 17, 2000
D) Easement Deed between Eagle County School District RE-50-J and Eagle County for
a trail easement
E) Resolution 2000-048 concerning appointment of Floyd Duran to the Minturn
Cemetery Board
F) Resolution 2000-049 concerning appointment of Linda Crossland to the Basalt
Regional Library District Board of Trustees
G) Purchase of (1) one Piranha Hydraulic Ironworker, Model P50
H) Bid Award 2000 for approximately 5,000 tons of screened material to Landfill
stockpile, contract to Bogue Construction and approval for Chairman to sign
I) Eagle Computer Systems Contract Services.
Jim Fritze, County Attorney, stated item C be pulled, having received communication from
Engineering that the road cut had been completed satisfactory.
Commissioner Gallagher stated he has questions about items G, Piranha Ironworker, H, Bogue
Construction for screened material, and I, Eagle Computer Systems contract. He asked what those are.
Brad Higgins, Road & Bridge Director, stated the Piranha Ironworker is for fabricating and
maintaining things from welding.
Commissioner Gallagher asked what is the purpose of stockpiling screened materials at the
Landfill.
Mr. Higgins explained it can be used as fill, but must be covered for preparation.
Commissioner Gallagher asked about item I and the last page of the sales agreement. He
questioned the payment of the contract with 30% on signing, 50% on delivery and 20% next year.
Renee Black, Assistant County Attorney, referred to the statement not withstanding any other
provision, it validates only with prior approval.
Jim Fritze stated there are two ways to do this, one with a provision or the other to reserve the
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funds out of this year's budget.
Commissioner Gallagher stated on page 24 of the minutes after the last highlighted "will not", it
reads "Commissioner Gallagher stated he does believe it is not in conformance with the master plan".
He stated it should read "Commissioner Gallagher stated he does not believe it is in conformance with
the Master Plan". The word not should be added to that sentence.
Chairman Pro-tem Phillips stated on page 17 it states "presentation form" and should read
"presentation from". On page 18 eliminate one ofthe mores in more natural setting.
Commissioner Gallagher moved to approve the consent calendar with changes to the minutes as
stated above, pulling item C.
Chairman Pro-tem Phillips seconded the motion. Of the two voting Commissioners vote was
declared unanimous.
Plat & Resolution Signing
Matt Gennett, Planner, presented the following plats and resolutions for the Board's signature:
Resolution 2000-0S0, File Number 1041-0026
Mr. Gennett stated this Resolution reflects approval of a permit to construct a major extension of
an existing domestic water and sewage treatment system, and efficient utilization of a municipal and
industrial water project. The Board conducted a public meeting on March 27th, 2000, to consider the
application.
Commissioner Gallagher moved to approve Resolution 2000-050, 1041-0026, approval ofa
permit to construct a major extension of existing domestic water and sewage treatment system, and
efficient utilization of a municipal and industrial water project.
Chairman Pro-tem Phillips seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
Commissioner Gallagher moved to adjourn as the Board of County Commissioners and
reconvene as the Local Liquor Licensing Authority.
Chairman Pro-tem Phillips seconded the motion. Of the two voting commissioners, the vote was
declared unanimous.
Liquor License Consent Agenda
Earlene Roach, Eagle County Liquor Inspector, presented the liquor license consent agenda as
follows:
A) Zino Ristorante, Inc., change in corporate structure, located in Edwards
Ms. Roach stated this is a change in the corporate structure adding Dan Sidner as a 20% owner of
the corporation. She related Mr. Sidner will also be the manager.
B) Atlas Pizza, LLC, dba/Atlas Pizza, renewal of beer and wine license, located in EI
Jebel.
Commissioner Gallagher moved to approve the liquor license consent agenda as presented, items
A and B.
Chairman Pro-tem seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
Alpinista Pizzeria, Ltd
Earlene Roach presented a new application for a hotel & restaurant license for Alpinista Pizzeria,
Ltd. She stated the first order of business is to establish the neighborhood and the needs of that
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neighborhood. She stated the applicant used the Edwards area as the neighborhood.
Commissioner Gallagher moved to establish the neighborhood as from the establishment in a two
mile radius for Alpinista Pizzeria, Ltd.
Chairman Pro-tem Phillips seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
Ms. Roach presented a petition submitted by the applicant with a total of74 signatures.
Chairman Pro-tem Phillips asked how many people will be working in the establishment.
Kelli Ferro, applicant, was present for the hearing and stated they will start with about ten and
hope to grow to twenty.
Commissioner Gallagher asked how many hotel licenses are within Riverwalk.
Ms. Ferro responded there are four.
Commissioner Gallagher suggested there are more on the other side of the road.
Commissioner Gallagher moved to establish the needs of the neighborhood as evidenced by
testimony and the submitted petition.
Chairman Pro-tem Phillips seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
Ms. Roach stated this application is in order and all fees have been paid. The applicants are
reported to be of good moral character.
Chairman Phillips asked about TIPS training.
Ms. Ferro stated she is TIPS trained as is her partner and all her employees will be TIPS trained.
Chairman Phillips asked about the type of service.
Ms. Ferro responded they will focus mostly on beer and wine but will have other alcohol
available upon request.
Commissioner Gallagher asked Ms. Ferro about her familiarity with liquor license
responsibilities.
Ms. Ferro replied they are moving their business here from Leadville where she has held a
license, and has had no problems previously. She explained she has been in the business for a number of
years.
Commissioner Gallagher moved to approve a new hotel and restaurant license for Alpinista
Pizzeria, Ltd.
Chairman Pro-tem Phillips seconded the motion. Ofthe two voting Commissioners the vote was
declared unanimous.
Blue Creek Grill
Earlene Roach presented a modification of premises for Fabulous Foods, Inc., dba/Blue Creek
Grill. She stated the applicant was not present and would like this matter to be tabled.
Commissioner Gallagher moved to table the modification of premises for Fabulous Foods, Inc.,
dba/Blue Creek Grill for next week iftime is available, otherwise to the 24th of April, 2000.
Chairman Pro-tem Phillips seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
Commissioner Gallagher moved to adjourn as the Local Liquor Licensing Authority and
reconvene as the Board of County Commissioners.
Chairman Pro-tem Phillips seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
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Proposed Settlement, Eagle Woodworking, DaD Call
Renee Black presented the submission of a proposed settlement for the appeal from the Building
Board of Appeals for Dan Call, dba/Eagle Woodworking. She stated the Chief Building Official made a
decision about a building permit on the charges that the building started before the permit was secured.
She stated the appellants went before the Building Board of Appeals who made a ruling. Mr. Call chose
to appeal the ruling. Mr. Stanek, Chief Building Official, suggested that he might have a different
avenue for this. He suggested that perhaps they could approach this as a separate application for the
retaining wall rather than for the entire building. She stated that she has worked with Mara
Kleinschmidt, Attorney representing the applicant, in this matter.
Mara Kleinschmidt was present along with her clients, the Calls. She stated a building permit
application was submitted on June 17 of last year. She spoke to the waiver. She stated the Calls have
done good business in the valley, they called and got a verbal ok, and began work. The work done was
42 yards of concrete. It was red tagged on August 1, 1999, but they were told that further work could
occur. She spoke to a second red tag and a letter mailed. She spoke to the size of the fine which was
$34,000. She stated it is the authority of this Board to work with Mr. Stanek to allow this to be permit
specific to the work that was done. She referred to the sign offs and the lack of damage to any
individual.
Dan Stanek stated in reviewing this it came to his attention that a retaining wall could be broken
apart separately and the charge be allocated to the retaining wall alone.
Ms. Black stated if this settlement is not accepted, the Board would hear the appeal as heard by
the Building Board of Appeals.
Commissioner Gallagher asked if it would be inappropriate for them to hear the facts.
Ms. Black concurred. She stated the settlement is to accept the separation of the retaining wall
from the entire project calculating the difference and refunding it to the Clays accordingly.
Commissioner Gallagher asked for a ball park figure.
Ms. Kleinschmidt stated the permit fee is calculated in the Building code which basically totals a
fee of just under $4000.00 for the four times fee. She asked if they will also have to reapply for another
building permit or will it be amended accordingly. She stated otherwise the applicant would be paying
twice.
Mr. Stanek stated they can amend it accordingly.
Commissioner Gallagher moved to approve the negotiated settlement for the appeal from the
Building Board of Appeals for Dan Call, dba/Eagle Woodworking.
Chairman Pro-tem Phillips seconded the motion. Of the two Commissioners the vote was
declared unanimous.
Ms. Kleinschmidt stated they will work out the details with Mr. Stanek.
There being no further business to be brought before the Board the meeting was adjourned until
April 17, 2000.
Attest:
Clerk to the Boar
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Chairman
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