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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 1 04-10-2000 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 2 04-10-2000 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. 3 04-10-2000 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 ,'/~"""'-'~'~";"" ~~~ Chairman 4 04-10-2000