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HomeMy WebLinkAbout1980 01-07 to 10-14Proceedings of the Board of County Commissioners 7th day�ianuary term 19 -8o- REGULAR MFFTING Present: Dale Grant Chairman Dan Williams Commissioner Keith Troxel Commissioner Johnnette Phillips Clerk to the Board Beth Riggert County Attorney Mick Kasher Administrator 139 19 - The following bills were examined, approved and warrants ordered drawn on the proper funds for same in full payment thereof: GENFRAL.FUND Eagle County General Fund Payroll $ 102,193.56 Postmaster, Eagle Post Office Postage 6,000.00 Blue Cross Blue Shield Ins. Premium 12-1 to 12-31-79 3,574.82 Kathy Baker Overtime November 1979 7.01 Philip Biersdorfer Overtime November 1979 58.25 James H. Boni Overtime November 1979 7.33 James H. Cummins Overtime November 1979 19.41 David Manning Overtime November 1979 99.88 Philip Maimone Overtime November 1979 66.36 Santiago Perez Overtime November 1979 51.02 Judith Day Overtime November 1979 77.46 Alexis Johnson Overtime November 1979 9.11 Charlette Pascuzzi Overtime November 1979 20.73 Patricia E Pearce Overtime November 1979 11.35 Elbert Baldrey Overtime November 1979 35.26 Rosemarie Capodieci Overtime November 1979 95.19 Annie Kirby Overtime November 1979 (Auction) 22.62 Katherine Peterson Overtime November 1979 71.17 Jo Ann Deiahan Overtime November 1979 44.81 Nancy C. Morgan Overtime November 1979 36.82 Eagle County Treasurer FICA taxes on November overtime 72.07 Postmaster, Eagle Post Office 3rd Class Bulk Rate Permit 70.00 Michael K. Whitaker Insurance Deduction Refund 315.40 Beth A. Riggert Travel CCAA Seminar 237.70 David C. Manning Travel Jail Admin Class 17.50 Craig T. Colby Travel CETA meeting 31.04 Rosey Capodieci Travel Montrose SD 25.32 Mary Ann Miller Travel 12.93 Terry Lowell Travel 62.92 Mary Morgan Mileage for ZBA Meetings 39.20 Bill Williams Mileaae for ZBA Meetings 16.80 Ann Holland Mileage for ZBA Meetings 63.00 Karin Scheidegger Mileaae for ZRA Meetings 98.56 Eagle Computer Systems Partial Payment -Computer System Contract 12;000.90 Intergovernmental Motor Pool Fund Use of County Motor Pool Vehicles 471.00 Economics Press, Inc 6 Month Subscription 50.34 H R Services Repair parts 183.50 Mechanics Vehicle Repair 5.00 Hometown Supply Supplies 272:90 Melton E. Atwell Reimbursement -Flexible Curve 7.70 Copy -rite Duplicating Paper 320.00 Eagle Valley Enterprise Publication of Deliquent tax list 54,993.16 Eagle Valley Enterprise Publication of hearing notices 162.64 The Denver Post, Inc 3 want ads 31.68' I.A.A.O. Assessor's membership dues 45.00 Johnson, Kunkel & Associates Plat checking 122.32 Solar Engineering Subscription renewal 15.00 Lincoln-Devore Testing Labs Testing -Lake Creek Road 880.00 James Morris Electrical Inspection 102.00' • Ed Hammer Electrical Inspection 1,578.21' Enviromental Design Press Developmental Guide 21.25 Reprographics Open Space Graphics 66.70 Roaring Fork Valley Journal Public Notices 7.28 The Printery at Vail Appraiser's Business Cards 80.75 Glenwood Post Legal Notices 19.14 Pete Honnen Equipment Co Starter Fluid 20.52 Monroe Calculator Co Calculator Ribbon 37.19 Roro-Rooter Clean 2 Floor drains Animal Shelter 60.00 Boise Cascade Supplies 232.14 American Coal Sales, Inc Furnace Soft Stoker Coal 598.00 Rocky Mountain Natural Gas Natural Gas- Airport 9.67 Holy Cross Electric Elictricity 979.44 Rocky Mountain Gas Natural Gas 842.27 Colorado Water Congress 1980 Sustahing Membership dues 114.00 Eagle Volunteer Fire Dept December 1979 faraae Rent 75.00 The Wear House 3Jackets Animal Control 119.85 K & R Repair Service Repair dishwasher 105.50 News 3 want ads & 1Year Subscription 29.95 Mountain Bell Telephone Service 120.96 The Vail Trail Classified charges 31.70 Dan M. Handy and Associates Audit & other 1979 services 22,643.38' Eagle County.T'reasurer - 'Fd CA Taxes_withheld.rDecember 1979 6,264.45 Blue Cross and Blue Shield Insurance Premium 5,522.08 Rocky Mountain Life Life Insurance Premium 311.35 Dale F. Grant Travel Expense 102.16 Dan Williams Travel Expenses 198.81 Kistler-Kwill Invoices 447974 &.447975 602.01 Johnnette Phillips Travel 82.46 Eagle County Clerk & Recorder Reimbursement for Reserve Fund on Printed checks .9.00 3-M Products Sales upplies 1,326.04 Gertsenberger Elderly needs Assessment Study 856.26 (Allen Eagle Valley Enterprises December billing 1,282.00 Ella Bindley Travel Expense 260.90 440 Proceedings of the Board of County Commissioners 7th day_ January __ _term 19-80 _19-_ Gary P. Shields Travel c $ 58.60 Stuart Satsky Travel 50.56 Natioanl Graphics Company Invoices 11985 & 11907 1,476.66 Eagle Computer Systems December 1979 Billing 3,671.97 Johnson & Company Invoice 948 48.93 Garts Bros Sporting Goods Invoices 67157 153.95 Elbert Baldrey Travel 33.08 E -Z Rentals Rental Contract 70.38 Jack D'Orio Reimbursement for paint for Extension Office 26.37 - American Legion Aux Rent for County Judge Office 150.00 The Pittsburg & Midway Coal Mining Co Invoices 3601 & 3937 310.30 The Town of Eagle Trash and Water Service 522.00 Holy Cross Electric Assn Electricity 1,040.56 Williams Energy Comapny Invoices 613618 & 205542 121.47 The Brief Times Reporter Renewal for 12-79to 11-31-80 106.50 Practising Law Instiute Invoice 9RO50213 112.50 Michael J. Kasher Travel 115.93 Mountain Bell Telephone service 371.23 Xerox Corporation Invoice 060399846 305.99 Jack Haynes Travel 148.98 Ernest Simon Travel 11.39 James Cummins Travel 335.10 D. Gregory Ulrick Travel 4.40 General Motors Car Lease payment.. 1,454.18 Eagle Towing Road Service 38.50 Mechanics Job invoice 1055 16.50 Red Crawford's Inc Invoice 2997 & 3455 105.78 West Vail Texaco Invoice 19223 25.00 D.E. Towing Inc Work Order 4802 65.00 Commercial Office Prod6cts Company Invoice 11491860 -IE 20.40 H.R. Services Service 409.57 Collette Enterprises Service 3,456.72 Basalt 66 Service Service 323.80 Eagle Pharmacy Supplies 154.35 Eagle Community Ambulance Assn Ambualnce Service 96.50 Colorado Mountain College Expenses on training 3 officers 720.00 Rocky Mountain Police Supply Invoice RC12957 112.90 Loaf N Jug Invoice 50 4.83 Gerald J Fedrizzi, DMD Billing for Sheriff's Dept 10.00 James Cichantek Reimbursement for purchase of food for.jail 3.72 Center Drugs Balance for Medical Services 17.75 Mountain Linen Service Service for Sheriff's Dept 123.37 Beasleys Super Foods Supplies 568.04 Jefferson Bank and Trust January payment for lease 210.54 Hometown Supply Company Invoice 2485 35.28 Eagle County Trash Company Trash Service for Animal Shelter 54.20 Western Quto Assn Invoice 6440 4.98 Convenient Shoppe Animal Control Invoice 65592 10.13 Jack D'Orio Travle 336.00 The Highsmith Company Inc Service 292.35 Melton E. Atwell Travel 85.42 Case Power & Equipment Supplies 63,967.56 Holy Cross Electric Assn Electricity 20.49 Erik Edeen Travel 136.80 Jo Ann Deighan Travle 19.30 Franklin Associates, Ltd Resource Recovery Consultant Fees 2,842.48 Intergovernmental Motor Pool Use of County Vehicles 26.25 Margie Gates PHN Travel 27.60 Nettie Reynolds Travel 16.54 Virginia P. Holmes Travel 34.14 Cecilia Schmidt Travel 10.20 Jane Merritt Travel 96.70 Material Flow, Inc Invoices 170566 & 172879 232.95 Rio Grande Motor Way Freight Charges- 44.35 Printery at Vail Invoice 91104 44.90 Colo Assoc of Home Health Membership 50.00 Eagle County Nursing Service Reimbursement of Petty Cash Eagle Nurses 20.03 Eagle County Nusing Service Reimbursement fo Petty Cash Vail Nurses 24.54 Vail Valley Medical Center Office rent and Xerox copies 489.90 Terrill Knight Travel 69.58 Lester Douglas TRavel 239.34 Thoams Boni Travel 44.44 Michael Whittaker Travel 30.60 Gerald Best Travel 65.66 James Williams Travel 146.26 Susan Vaughn Travel 74.86 Alfred Gardner Mileage for P.C. meeting 238.00 Glenwood Post Notice of public hearing 9.28 Arnold Nottingahm Mileage for P.C. Meetings 37.80 Burk Land Surveying Plat Checks 75.00 Don Price Mileage for P.C. Meetings 21.28 Stuart Canada Mileage for P.C. Meetings 26.88 Mery Lapin Mileage for P.C. Meetings 295.68 Ann Holand Mileage for P.C. Meetings 140.00 Dieter Sander Mileage for P.C. Meetings 262.50 George Gates Mileage for P.C. Meetings 187.60 Fortunes Pizza Meal for Planninf Commission 26.10 Underground Space Center Conference reg.fee for Gerald Best 95.00 Colorado Chapter I.C.B.O. Registration fee for 2 200.00 Internatinnal Conference of Bldg Officials Invoice C29825 270.00 Business &'Institutional Furniture Invoices�-73986=1 & 73986-0 352.50 Cela Waringer Travel 24.70 Proceedings of the Board of County Commissioners. -day sauary__ #erm 19-8o- 44-1 19 IBM Office Products Invoice HSMB531 $ 92.42 Donna Meineke Travel & Misc Expenses 370.46 Benn Galloway M.D. Autopsies performed 570.00 Thomas G. Johnson Travel -Open Space 129.30 Ulrich Blue Print Engineering Supply Invoice 15679 15.30 Vince Hooper Open Space Consultant 350.00 The Dark Room Invoice 43600 Sheriff's Dept 313.10 Clarks Ammo, Inc . Invoice 1186 1,260.00 _ v1 , TOTAL--------------------------------------------------------------------------------------------$ 320,028.29 ROAD AND BRIDGE Road and Bridge Fund Payroll $ 34,995.92 Blue Cross Blue Sheild Insurance Premium 11,557.14 Kay F. Arnold Overtime November 1979 36.32 Francis Daugherty Overtime November 1979 58.18 James Donough Overtime November 1979 84.45 Vincent Eichler Overtime November 1979 .107.09 John Gatchell Overtime November 1979 243.54 Robert Heron Overtime November 1979 107.59 Brad Higgins Overtime November 1979 96.89 John W. Hill Overtime November 1979 81.83 Glen Kittle Overtime November 1979 112.34 Donald Mathews Overtime November 1979 42.94 Max E. McCoy Overtime November 1979 43.31 Thelma Prange Overtime Novmeber 1979 27.44 David Vroman Overitme November 1979 121.19 Ernest Walcher Overtime November 1979 64.2.0 Robert Williams Overtime November 1979 1.31.36 Eagle County Treasurer FICA taxes withheld 136.51 Doanld R. Mathews Sick Pay for Nov. 2, 1979 46.67 Thelma Prange Salary Adjustment 111.61 Eagle County Treasurer FICA Taxes Withheld 14.61 Eagle River Mobile Home Park Trailer Space rental 120.00 Jefferson Bank & Trust Lease Payment 1,988.10 State Department of Highways El Jebel Hill Rd 8.46 Carbondale Mine Services Repair Service 56.00 Warning Lites Road Signs 782.00 Basalt 66 Service Vehicle Inspections 1.6.50 H R Services Service 38.50 Pete Honnen Equipment Co Repair reparts 392.08 Hanson Equipment Repair Parts 12.43 Central Equipment Repair Parts 33.14 Fred's Radiator Service Radiator repair 35.00 Valley Gas & Welding Demurrage 48.97 Vail Auto Supply Repair Parts 10.38 Eagle Auto Parts Supplies 109.60 Rocky Mountain Natural Gas Heater repair 15.00 Public Service Co Electricity 8.94 Kaman Bearing Repair Part 6.85 Wilson Trailer Sales of CO Repair Parts 15.78 Dan M. Handy and Associates Audit and other 1979 services 1,850.00 Holy Cross Electric Assn Electricity 132.36 Rocky Mountain Natural Gas fas Useage 456.09 The Asphalt Institute Registration Fee 120.00 Helm, Inc Vehicle Shop Manual 13.75 Eagle County Treasurer FICA taxes withheld 2,145.22 Blue Cross Blue Sheild Health Insurance Premium 1,897.28 Rocky Mountain Life Insurance Life Insurance Premium 84.25 Dan Williams . Travel 18.26 W. Keith Troxel Travel 277.67 Ernest L. Cock Travel 136.54 Francis D. Daugherty Travel 70.70 Max McCoy Travel 85.14 Douglas Pilcher Travel 405.50 ATD-American Company Invoice 161179 43.03 Boise Cascade Supplies 179.93 E -Z Rentals, Inc Rental Contracts 139.57 Garfield Welding & Fabricating Invoice 33137 70.00 Berthod Motors Invoice P70677 21.25 Kaibab Industries, Inc Invoice 258 7.58 Central Equipment Company Invoice 28427 128.01 Douglas Pilcher Reimbursement on keys 3.05 Hometown Supply, CO Invoices 3147 & 83055 63.25 Safety-Kleen Coporation Invoice 104740 27.75 Leach's Welding Invoice 2377 287.50 John Gatchell Reimbursement for parts 2.78 Lucksinger Bros Rental of Cinder Stock -Pile 840.00 Western Auto Assoc Invoices 6401 & 6213 15.63 W.W. Grainger, Inc Invoice 216 277211 & 216 279115 151.15 H.W. Moore Equipment Balance due per voucher 25.13 Drive Train Industries Invoices 23245 & 33188 110.57 Jefferson Bank & Trust Lease Payment 1,988.10 Western Slope Surverying Payment for Job 70063.1 460.00 IBM Office Products Invoice 3NTB304 20.60 Respond Invoice 2042640 30.25 Mountain Bell Telephome Service 43.58 Eagle Valley Telephone Telephone Service 143.86 - The Town ofEagle Water and Trash 65.00 - Yampa Valley Electric Assn Electrical Services 176.52 Holy Cross Electric Electricity 188.74 Public Service Company of Colo Electricity 9.52 Eagle County Clerk & Recorder 2 Vehicle; -titles 3.00 Proceedings of the Board of County Commissioners 7th day_ January ___-term 19 80 19__ ATD-American Company Invoice 160666 $ 310.50 Dick Wheeler Lease Payment 204.77. Sun Television and Appliances Invoice G309109 228.00 Jefferson Bank and Trust Lease Payment 2,304.10 Phoenix Mutual Life Insurance Life Insurance Coverage 71.40 UPL, Inc Invoic 07-14836 33.67 Williams Energy Company Invoice 594177 8.87 Hanson Equipment, Inc Invoices 35173 & 35727 24.11 Collette Enterprises Service 5,259.70 Nottingham Sand & Gravel Invoice 1733 .75 TOTAL------------------------------------------------------------------------------------------- $ 63,302.84 Library Fund j Blue Cross Blue Sheild Holy Cross Electric j Lorraine Haslee Eagle County Treasurer Blue Cross Blue Sheild Rocky Mountain Life Insurance j Ronald J. Kupper Thomas Bouregy & Company j Gordon's Books, Inc �i Jostens Library Services jj McGraw Hill Book Company iiPrentice QualityBooks, Inc Regency Press American Econo-Clad Service Baker & Taylor �! Dimondstein Book Express Holy Cross Electric Assn II Mechanics I! Eagle `Road & Bridge Fund j Colorado State University Ij McGraw Hill Publications 11 Catalog Card Corp of America II Audio Visual Services 11 Eagle County Public Library TOTAL-------------------------- LIBRARY FUND Payroll Insurance Premiums Electricity Refund on Insurance deduction FICA taxes withheld Insurance Premium Life Insurance Premium Consultation Services Invoice L10846 Invoice146183, 146198, 148483 Invoices 111800797, 111900797 Supplies Supplies Books: Invoice 001230 Invoice 145389 Supplies Books Electricity Invoice 1754 Gas Consumption on library equipment Invoice 89362 Magazine subscription Invoice 337087 Film Rental Reimburse Petty Cash 5,598.21 138.90 7.64 131.40 343.17 185.98 14.88 300.00 17.75 75.32 13.96 17.70 34.03 155.40 _10.95 86.94 453.59 37.06 22.07 63.95 468.80 25.00 28.50 46.76 84.25 5.91 --------$ 8,368.12 This being the regular meeting for payment of bills and the -first meeting-cii._the new year, appointments were'made°;by-.the"Board, to wit: Commissioner Troxel moved to nominate Dale Grant as Chairman of the Board of County Commissioners for 1980. Commissioner Williams seconded the motion and the vote was declared unanimous. Roberta Depp, Librarian, stated the Library Board recommended, to the Board, the following appointments: 1. Sally J. Metcalf, Eagle resident, - 5 year term 2. Scott Stewart, Gypsum resident, to fill the remainder of a term left vacant due to illness by Pauline Mulnix Ms. Depp stated the members now serving are: Alda Medsker, Vail; Della Otto, Edwards; and Rae Renton, Burns. Commissioner Troxel moved to accept Roberta Dep' 's recommendation for Ms. Metcalf and Mr. Stewart to be appointed to the Library Board. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. The possiblity of a new library building was discussed. Chairman of the Board Library Board Beth Riggert, County Attorney, stated there is a clarification needed pretaining to the retention of Resolution: Fred Otto concerning the Industrial Revenue Bonds the the Beaver Creek Ski Area project. Fred Otto Ms. Riggert presented a Resolution for Retention of Fred Otto. Commissioner Troxel moved to have the Board sign Resolution 8 80-1 Industrial Revenue Bond of Beaver Creek Ski Area project pretaining to Mr. Fred Otto. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. At this time the necessary appointments by the Board continued. Commissioner Williams moved to appoint Keith Troxel as C.O.G. representative. Chairman Grant seconded the motion and the vote was declared unanimous. Commissioner Troxel moved Mick Kasher be named the County Budget Officer for 1980. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams moved to appoint the following as Legal Depositories: 1. First Bank of Eagle County 2. Alpine Federal Savings 3. Bank of Minturn 4. First Bank of Vail 5. Vail Naitonal Bank 6. Bank of Basalt 7. Western Federal Savings Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved to appoint Dan Handy and Associates as the Legal Audity Firm for Eagle County. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous: Commissioner Troxel moved Eagle Valley Enterprise be appointed the Legal Newspaper for Eagle County. Commissioner Williams seconded the motion and the vote was declared unanimous by the Chairman. C.O.G. Representative County Budget Officer Legal Depository Legal Audity Firm Legal News 44-3 Proceedings of the Board of County Commissioners 7t—day_oanuary term 19 -so- _ 19— The Board directed Mick Kasher to write to the three newspapers and explain the qualifications for being the County Legal Newspaper. Minutes Hubert Peterson, County Treasurer, appeared and discussed possible Resolutions. Veteran Service "single quarter housing". Officer Commissioner Troxel moved to appoint Bill Clem as the Veteran Service Officer. / Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Subdivision County Health Commissioner Troxel moved to appoint Thomas I. Steinberg as the County Health Officer. Officer Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Cheif Legal Commissioner Troxel moved to appoint T. Peter Craven, George Rosenberg, Terry Quinn, and Richard Hart Consultant as the Legal Cbnsultants with the designation of Reth Riggert4as County Attorney. to specifications as in the plans. 11 F1 Commissioner Williams seconded the motiona nd the Chairman declared the vote unanimous. a public hearing. Road & Bridge Commissioner Williams moved Doug Pilcher be appointed Road and Bridge Supervisor. to discuss alternative systems. Ms. Riqgert received letters from property owners opposed to discussing Supervisor Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. necessary. The prime concern that generated this meeting was a request by the applicant to provide an Calender 1980 Mick Kasher, Administrator, stated Welfare Day will remain the fourth Tuesday of every month. Tom Boni stated when they went out to look at other improvements that related to the system they Commissioner Troxel moved to adopt the County Calender for 1980, to be placed in -:the meeting room. Mel Atwell, County Engineer, stated he would like to come out of this meeting with a direct set of Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. parties involved. The Board directed Mick Kasher to write to the three newspapers and explain the qualifications for being the County Legal Newspaper. Minutes Commissioner Troxel moved to approve the minutes of November 27 & 28 December 3,10, & 17 as presented by the Clerk & Recorder with the exception of some minor spelling and corrections on the wording of "single quarter housing". Chairman Grant seconded the motion as Commissioner Williams was out of the room. The vote was declared unanimous of the two voting. / Big Hat( Tom Boni, Assistant Planning Director, stated, -in regards to the Big Hat Subdivision, the Staff Subdivision has received a request from the applicant for a revised version of design to provide fire protection service. The Staff reviewed this in conjunction with the Fire Department. Upon site inspection of the property the Staff met with the property owners who had serious objections to any alterations to the plans as were originally presented. Mr. Boni stated the Staff has come before the Board to discuss the status of the improvements associated with the Big Hat Subdivision. The Board previously approved a series of drawings, but there was no collateral issued to the County to cover improvements...Some of the improvements have not been built - to specifications as in the plans. 11 F1 Bill Hodges, representing applicant, stated they were present because they had received a notice of a public hearing. Beth Riggert, County Attorney, stated they had previuosly held informal meetings with the Pattons to discuss alternative systems. Ms. Riqgert received letters from property owners opposed to discussing alternative -systems. Ms. Riggert felt a public hearing, where everyone affected could be present, was ,- necessary. The prime concern that generated this meeting was a request by the applicant to provide an alternative system for fire protection other than the pump'system which was originally submitted. Tom Boni stated when they went out to look at other improvements that related to the system they noticed discrepancies between what is installed and the original plans. Mel Atwell, County Engineer, stated he would like to come out of this meeting with a direct set of specifications and improvements that should be installed that are mutually acceptable between the three parties involved. William Flockhart, property owner, feels the system should be installed, as it was designed, as soon as possible. Mr. Atwell stated he had sent a letter to Mr. Flockhart on April 11, 1979 detailing aspects that did not meet County specifications. He difined what deviates from the specifications as roads, fire protection, and water system. The items have not been installed in the field per drawings. Commissioner Williams stated a public hearing was held that Mrs. Patton had attended and specifications were pointed out as deficiencies. Mr. Flockhart presented two letters to the'Board. The first one dated April 10, 1979 was from Roger Hocking of Eldorado. Engineering explaining why the water plans were not built as per specs. The second letter, dated April 16, 1979, from the Colorado Department of Health, stating this system is unsafe and in direct violation of this departments regulations. Mr. Hodges read a more current letter from the Department of Health stating approval of the water system. Bill Campbell, lot owner, stated when he bought his property, plans and specifications of systems to be installed were shown. But they have not received what they bought and paid for. Mr. Flockhart stated the water is drinkable and meets the State standards but is not -the system they were supposed to receive. Commssioner Troxel questioned if what was expected of the Board was to determine whether they should proceed with the new plans on fire improvements or to say they should stay with their old plans. Tom Boni stated there were concerns from property owners of discrepancies of the water system as built. Todays request is to see what would be acceptable to the parties involved. Commissioner Williams stated he cannot understand what. -.the problem is. Regardless if the State has approved the quality of the water and the fire protection district is willing to testify there is ample protection, the project should be built as previously agreed to. Commissioner Troxel moved on the Big Hat Subdivision matter, the applicant be given 30 days to meet with the County Attorney and Staff to either come up with an amendment to the Subdivision Improvements Agreement as to what has not been done and can be collateralized or if.that'is not done the County is to take legal action against Big Hat Subdivision for improvements not done at this time and agreed upon in 1976. Amendment to the motion that all correspondence will be directed to all affected parties including the property owners. Mel Atwell requested a clarification on what is to be considered in the meeting to take place in 30 days. Commissioner Williams gave his understanding of the motion, being the main object is that everything is to be installed as per the drawings. Not necessarily in 30 days, but a letter of compliance and collateralize that with whatever the.County Engineer thinks it is going to be a reasonable cost to do it. The end goal is to have the project done as designed. Chairman Grant agreed the applicants shall come up with a,letter of compliance. Attorney Hodges stated he did not decipher the motion as Commissioner Williams did. He believes the motion was stated, a letter of compliance in .30 days. Tom Boni stated the basic fundamental thing is to determine how much of this system has been built. That part of the system that has not been built shall be identified and the applicant shall submit a letter stating what they intend to build as per the drawings. To insure that it is done they will submit X numbers of dollars and the Staff will look at the money and improvements to assure the end product is done in compliance with the drawings. The aspects of the system that might not be to the drawings will have to be up -graded in whatever fashion that is suitable. 444• Proceedings of the Board of County Commissioners 7th day January ___term 1980 ;F MR,Cy.Y. N0VCFrI CO:. DoYtA,�N9f1,1 Mr. Flockhart determined the clarification to be what was designed to be installed and some kind of deadline put on the installation. Commissioner Troxel stated he wants assurance it will be installed. If not the County will be able to install the improvements. Mel Atwell suggested that the motion state that the amended Subdivision Improvements Agreement in- clude a Statement of Collateral. The amendment to the existing Subdivision Improvements Agreement shall be limited to a Statement of Adequate Collateral to install the system as approved with the original final plat of the Big Hat Subdivisi Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Mel Atwell questioned whether the Staff has any discretion in determining whether or not the installation, as it exists now is acceptable and meeting the specifications that were submitted, The Board concurred the installation of the systems specifications should be only as previously agreed upon. Beth Riggert explained why the public hearing was held so as to get everything finalized. Mr. Flockhart suggested Eldorado Engineer be the inspector of the project as an unbiased party, because they designed the system. The Board agreed to send the final motion to all parties involved. Ms. Riggert volunteered to mail the finalized motion. Charles Langhoff presented a Bond Issue guaranteed by FHA. The County has recieved requested documentation including indemnification of the County against any liability. He stated they are here to request approval of the Bond Issue of 14.3 million dollars. Mr. Langhoff introduced the Bond Council as Jack Gardner, and Willem Mesdag, from the Law Firms of Ballard,Spar, Andrews, and Ingernoll. The Bond Council answered questions concerning liability and expenses incurred by the County. They discussed the legality of the Bonds and opinions as to representation. Walter Kane, Public Financial Officer for First National Bank of Denver, stated he had examined all the documents. Principally what he looked for was to make sure the issue pays for itself and is structured so it would never be an obligation to theCounty. He investigated the projection of cash flow on this project to advise if there is any possibility of defalult. To the hest of his knowledge the project represents no possible indebtness or liability to the County. Jack Gardner explained to the Board the Farmer's Home Association's guarantee to redeem all Bonds. He presented and summarized a resolution supplementing a resolution previously adopted. Commissioner Williams brought up the possibility of a fee to be charged to Beaver Creek and incidental costs to be incurred. He suggested $75,000.00. Commissioner Williams moved to adopt the Resolution supnlementing=a Resolution adopted February 27, 1070, approving a sports facilities Financing Agreement with Beaver Creek Associates, Inc., a Trust Indenture, a note Purchase Agreement and a Bond Purchase Agreement in connection with the issuance of $14,3no,nnn aggregate principal amount of the County's sports Facility Revenue Bonds and authorizing the execution and delivery thereof; authorizing and directing the execution and delivery of such Bonds; providing for the principal amount, numbers,. provisions for redemption and maturity of, and rate of interest on, the Bonds, requesting the trustee to authenticate the Bonds; determining Revenues to he paid for such project; authorizing investments by the trustee; authorizing incidental action; and repealong inconsistent actions. Including a fe®..to be charged in the amount of $75,000 along with incidental costs. Payments to be :made -one thi s'year and- one the `folitowing" year..: .: Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Beth Riggert, County Attorney, presented a Resolution for release of collateral for Randall Guerriero On October 3, 1979 he submitted an irrevocable letter of credit in the amount of $500.00 to guarantee completion of a parking area located in an approved minor subdivision. Tom Boni stated the parking has been installed and recommended release of the collateral. Commissioner Williams moved to sign the Resolution releasing the collateral for Randall nuerriero. Commissioner Troxel seconded the motion: the Chairman declared the vote unanimous and the Resolution was signed. Beth Riggert, County Attorney, presented a Resolution concerning the Personnel Policy,stating the Board needed to formalize the Personnel Policy that was adopted January 15, 1079. Commissioner Troxel moved to sign the Resolution to reratify the Personnel Policy. Commissioner Williams seconded the motion: the Chairman declared the vote unanimous and the Resolution was signed, Beth Riggert, County Attorney, stated the next item was a Resolution for the Adoption of the Eanle County Purchasing Policy. Commissioner Williams moved to sign the Resolution to adopt the Purchasina Policy. Commissioner Troxel seconded the motion; the Chairman declared the vote unanimous and the Resoulution was signed. Beth Riggert, County Attorney, stated Rex Fleminn and Frances Samsoste have submitted their resignations as members of the Board of The Eagle Cemetary Association. Ms. Riggert presented a Resolution commending their service on the Cemetary Board. Commissioner Williams moved to sign the Resolution. Commissioner Troxel seconded the motion; the Chairman declared the vote unanimous and the Resolution was signed. Terrill Knight, Planning Director, stated there is going to be a Joint Review Committee Meeting on January 10, 1980. He discussed with the Board a memo oretainirig to the latest draft of Memo of Understanding. There being no further business to come before the Board on this date the meeting was adjourned until January 14, 1980. 1 G a r Chairman Attest: Cl < to the Boaril 7 Beaver Creek Industeial Bonds Release of Collateral: Randall Guerriero Personnel Policy Purchasing Policy Fleming and Samsoste Proceedings of the Board of County Commissioners idth day—Januaryterm 19_80 Zs -103-79 Nottingham Sand and Gravel) L, SPECIAL MEETIMn Present: Dale Grant Chairman Terrill Knight Planninn Director Keith Troxel Commissioner Susan Vaughn Planner Dan Williams Commissioner Johnnette Phillips Clerk to the Board Beth Riggert County Attorney Susan Vaughn, Planner, advised the Board agenda items 5a, 5b, & 5c have been withdrawn. 445 19— Request: Renewal of Special Use Permit Location: 3 miles West of Eagle on Highway 6 Ms. Vaughn stated the first item to be heard was a continuation of a public hearing concerning Nottingham Sand and Gravel Company's Special Use Permit. Ms. Vaughn located the gravel operation on the plat. The permit was originally granted to Brush Creek and Eagle River Company in November, 1977. The property was sold to Nottingham Sand and r,ravel in June, 1978. The Special Use Permit was transferred in September, 1978.by the County Commissioners At this point Ms. Vaughn requested toincorpbrate into the;, record the following exhibits which had been submitted to the County Attorney: Exhibit #7 - man showing different phases of the SUP including the chanced phases. #6 - map showing Phase I and Phase II including the concrete plant, asphalt Plant, crusher, stock piling, and truck washing. Phase III showed the stock piling and dirt pile. #8 - certified photo copies of Nottingham Sand and Gravel Special Use Permit. #9 - letter dated July 13, 1979 from Rick Oleson, of Soil Conservation Service, to Bob Stemwedel referring to the Landscaping Plan. #11- Activity Report from Colorado Department of Health signed by Eric Edeen dated July 26, 1979. Stating that adequate dust control equipment has not been provided at this facility. #12- Affidavit dated August 1, 1979 signed by Chester Goldman and witnessed by Reba Lee including description of property owned next to Nottingham concrete batch plant and complaints from foldmans concerning dust. #13- Omission permit from Colorado Department of Health issued to Nottingham Sand and Gravel #1, 2, 3, 4, & 5- octures°of the operation. Ms. Vaughn advised the Board that there had been previous complaints about the Special Use Permit. On August 13, 1979 the Board requested the applicant to return to the Planning Commision for review, with all the proper publication notices, to determine if`the SUP should he revoked or allowed to continue in operation. On November 7, 1979 the Planning Commission recommended the gravel operation permitted in the original SUP be allowed to continue in operation with the following conditions: 1. Signal person at crossing during pit operation 2. Road needs to be watered as required by air pollution control 3. Dust control device, or bag house, he installed 4, Permittee needs to give County a Bond for insuring Landscape Plan is done 5. Railroad Signal should be installed In addition, the Enviromental Impact Statement be waived. At that time the Board of County Commissioners decided the County Engineer would need additional time to determine what engineering would insure a safe crossing. The item was continued until today. Ms. Vaughn stated several questions about this permit had been raised. The legal description was thought to be different from the original permit as it was granted by the Mine Reclamation Board. The applicant has given an amendment to the Landscaping Plan. The Staff believes the Landscaping Plan is appropriate. George Petre, attorney representing Nottingham Sand and Gravel, requested to reintroduce the report of Mr Scott, from the Railroad, on traffic control. Ms. Vaughn introduced more exhibits at this time. Exhibit #14 - revegatation Plan as submitted by the Land Design Partnership for Nottingham Sand and Gravel. #15 - Traffic Reportdone by Lee.Scott dated November 7, 1979. The conclusion of the traffic repor is the addition of a recommended traffic sign will optomize traffic safety at this crossing under the traffic loading conditions anticipated. #16-- General Warranty Deed from Brush Creek and Eagle River Company to Nottingham Sand and Gravel, which incorporates the legal description. Commissioner Grant questioned the Planning Department as what criteria is used to review a Special Use Permit 6f this kind. Susan Vaughn stated the first criteria is to determine whether or not the requirements in the Zoning Resolution had been followed. The second being to determine whether or not the design has been organized to minimize the impact to surrounding areas. Terrill Knight, Planning Director, read the requirements of a'Special Use Permit. Mr. Petre stated he could divide the problems with this item into groups. The first problem being air pollution which was primaril- a result of an operation Pencrest and Mobile Mix had. The second problem was the revegatation plan which has been completely redone. Mr. Petre believes the issue of the legal description was blown out of proportion. The only difference between the time of the original permit and renewal of the permit was the property was surveyed to include a survey description. This did not change the property. Mr. Petre stated the plans did not state that buildings and plants would be located exactly where they were showniin the phases. Mr. Petre stated he felt the most difficult problem of the question on the railroad crossing should not be before the Board. He stated the plant can be utilized in the present location. The Problem is this crossing is the only way to get out of the plant. He stated if the crossing is unsafe it should be closed down and if it is safe anyone should be allowed to use it. Mr. Petre feels the Railroad brought the County into the matter and he feels confident if the Railroad was in a sound legal position they would not have Pressed the issue. It is not feasable to Put a flashing crossing at this time because of the expense. In an effort to address the problem Nottingham's determined the sight distance down the track and also asked an engineering firm in Denver to evaluate the crossing. Don Kriss, Mountain Mobile Mix, stated Scott Miller form Omission Control, was at the site. in September, 1979. He observed a batch truck and advised it complied with the regulations. He also commented if the silo is too full it will blow over. Mr. Miller explained they will be using a bag house which is not complete, but will be before they get more concrete. Mr. Petre stated there was an Omission Control Permit issued to Nr. Nottingham. Phil Scott, Traffic Engineer, physically inspected the crossing in late October or early November, 1979. Mr. Scott stated a number of measurements were made at the crossing. The conclusion of the evaluation was the present stop sign traffic control at the crossing is adequate in view of train activity, vehicular activity, and sight distance with the excention of recommending a traffic control sign be posted for South bound traffic before crossing the track - 446 Proceedings of the Board of County Commissioners 141h day January __term 19 8D —_—__ 19___ Mr. Scott discussed the criteria used in determining safety of the crossing. Discussion followed on the number of trains passing in 24 hours and the speed of the train. Mr. Scott indicated in the report the maximum estimated amount of traffic generated by the site. In an average day there are 24 vehicular crossings. Bob Stemwedel questioned if Mr. Scott was present at the hearings where it was stated that proffessional drivers were running stop signs. Mr. Mike Kenyon, Assistant Cheif Engineer of Denver Rio Grande, requested to enter, as an exhibit,�,a copy of the Colorado Railroad Highway and Grade`Crossingodata State Highway System dated May, 1978 which contains the footnote included in Mr. Scott's letter in respect to the need for a railroad crossing. Commissioner Williams questioned the length to the Ston sign, the width of the decelleration and ex- celleration lanes, and the distance of the stop sign on either side of crossing from the track. time. Mr. Petre questioned Bill Nottingham on the number of trains actually crossing during any neriod of Mr. Nottingham stated he had counted the trains from 7 A.M. to 5 P.M. for 28 working days and there is an average of 2.78 or 3 trains per day. The most being 6 trains. Mr. Nottingham stated he had never witnessed a second train on the passing track. The passing track is anproximately 1 miles long with approximately 11� mile east and one mile west of the crossing. Mr. Nottingham stated noc-gravel operation can stand the expense of a signalized crossing. If an asphalt plant was built the average of trucks on the crossing would be over 100 per day. Mr. Petre explained the crossing could not he enforced by the Railroad to install a signalized crossing. The problem cannot be resolved here and in Court as Mr. Goodman has filed suit in Denver County in this matter. Mr. Stemwedel stated the litigation taking place in Denver has nothing to do with legal access. The litigation is because Mr. Goldman was not given an onportunity to prepare or he present as he received no notice of the hearing in Denver. Susan Vaughn stated the original permit was an anprovaL of a variety of uses -that were nronosed for this site. Ms. Vaughn read a section of the regulations concerning the question of access as safe and adequate. Mel Atwell, County Engineer, had been requested, by the Board, to review requirements of signalization on the crossing -of Nottingham.Sand and Gravel operation of D & RG•.W Railroad. Mr. Atwell stated he has reviewed the submitted reports and had called Jack Ryer, resident expert of the Public Utilities Commission, concerning his recommendations. Mr. Atwell stated regardless of.traffic volume a hazard will be created and is in existance now, if the passing track is occupied by another train. Sight distance presents increase of traffic increasing the hazard. Discussion followed on the passing track. Mr. Chester Goldman stated that on an average of three times a week this past summer he could not get across the track because it was blocked by two trains. Steve Nottingham stated if there are trains on the passing track no one can get past anyway, so sight distance was not a hazard on the passing track. Mr. Atwell stated he had gone through the grade crossing book to find examples pretaininn to this item. He found all crossings had red lights, but all did not have gates. George Petre stated the passing track was used primarily to allow trains to pass. He questioned if private parties had ever furnished funds for a crossing. Mr. Kenyon stated he had been approached by private developers who had out up the expense when they had built a crossing at the Treehouse Development in Steamboat Springs. Susan Vaughn stated the Planning Staff recommends the SUP be continued because the leaal description, which was the original question, is correct and does show the site as it exists. The amended revegetation plan submitted is appropriate, a signal must be installed at the crossing and an air pollution control device must be installed. Bob Stemwedel recapped the history of the transaction. The objection is the significant departure from the site plan submitted, poll,ution control, and non -watered roads. Mr. Erik Edeen, Health Officer, stated the latest information he has from talking to Mr. Scott Miller is the conditions that are required; installing the bag house to control cement dust. Mr. Edeen stated they have gotten the bag house on the silo in process on connection. Other areas of concern are maintaining the haul roads and dust control. Shaw Construction was setting up operation under Mr. Nottingham's permit as subcontractors. There have been on violations observed. Mr. Nottingham contridicted Mr. Edeen's statement advising the Roard that the Shaw Construction trailer had-beldnged to.him for two years. Jim Seabry was sworn in by the County Clerk and testified to the accuracy of pictures entered as nhotos taken in his presence. Steve Isom, Denton -Gutting Architects, discussed the revegatation plan submitted and problems involved. Commissioner Williams stated the crossing is the paramount problem. Legal access has been determined. He stated he did not know how many vehicles will be using the crossing and is concerned whether the future use of the site will increase traffic.. Chairman Grant questioned, if a train is not on the passing track, can it be considered safe. Commissioner Troxel moved Zs -103-79 he approved to continue, with an annual review, with the following conditions: 1. A signal person be at the crossing when pit or plant is in operation 2. Road be watered when pit or plant is in operation 3. Air control shall be monitored 4. Concrete not be loaded or unloaded unless there is dust control installed 5. Landscape Plan submitted and approved 6. Because of safety questions involved, any other uses listed in the original permit that have not been utilized (ie. asphalt plant, prestressed concrete) or any other will not be allowed to ,continue until.. an,en.viromental. .impa'ct:statement on these uses are accepted by the County. 7. A bond shall be submitted to the County.to insure the completion of the revegatation plan. Commissioner Williams seconded the motion. The motion was opened to discussion. Fred Collett stated the hazard at the crossing still exists. He questioned if there should be a signal person only when Nottingham's trucks are crossing or'when anyonecrosses the track. Commissioner Troxel advised hi,m the County only has control on the SUP for Nottingham Sand and Gravel. Mr. Petre questioned having a flag person working when trains are not passing. Bob Stemwedel reminded the Board of a previous hearing at which they susnended the Special Use Permit. Commissioner Williams questioned if the motion would he enforced. Terrill Knight responded affirmative stating the SUP will revoked if not followed. The Chairman declared the vote unanimous. Request: Zone change for 36.765 acres form Resource to Agricultural Residential Location: 3 Miles south of Edwards on West Lake Creek road, the SE;,"Section 19, T5S, R82W Susan Vaughn, Planner, introduced the next item as a request from William Stark for a zone change from Resource to Agricultural Residential in the Lake Creek Area. Mike Balir, speaking for the applicant, stated the land in question is presently zoned Resource. The applicants wish to change this to a Agricultural Residential zone to allow a minimum of 10 acre lots which would be divided into not more than 3 lots to make a density of 12 acres per unit. Zc-116-79 William Stark 44'` Proceedings of the Board of County Commissioners 14th. day January term fg 80 fg_ All information available has been submitted and reviewed and there are no geologlkal:.hazards. Discussion.followed on the slope and flood plains. Mr. Blair advised earlier studies in the area could, as far as land use, be developed at a density of 1 unit per 10 acres. Ms. Vaughn stated there was a letter in the file from William Stark to the Board of Commissioners which affirmed the inadequacy of the access road. They did have plans to unarade the road. The Planning Commission. failed to pass a motion at their meeting so they had no recommendation. The Planning Staff recommended denial stating the road condition is unable to withstand additional traffic. Terrill Knight, Planning Director, stated this zone is inappropriate until there is a schedule for improving the road. Bill Stark discussed the vacation of the Tenderwild Subdivision and the problems with the road. Dick Nelson, Lake Creek property owner, stated he is opposed to the rezoning because of the substandards of the road. He feels if the zone change is granted it will lead to the rezoning of the entire 200 acres. Dr. Melzer, Lake Creek property owner, stated he would like to see it zoned as he owns land above this. Mr. Minor, property owner, presented pictures of the changes being made in the area and stated three lots would not impact to any degree. He is dedicated to correcting and improving the road. Phil Definy, property owner, stated he would not like to see additional traffic on lower Lake Creek until the road is corrected. Mike Blair discussed the differences between Lake Creek and Squaw Creek. B.J. Britton, East Lake Creek property owner, stated he had spoken to neighbors and they were of the opinion they would like to see the zoning remain the same until there is a need to change. Commissioner Troxel stated it is the policy of the Board not to spot zone particular areas. The applicant cannot prove an economic hardship. Commissioner Troxel moved the zone change from Resource to Agricultural Residential be denied as spot zoning is not appropriate at this time. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Lc-:'Zc2114-79 Eagle Bend Su -130-79-S Eagle Bend Amendmendment to Eagle Couny Zoning Resolu- tion Use by Right in Commercial Ltd Zone Leila Mosher Resolution Double -C Subdivision Improvments Agreement Request: Zone change for 31.9 acres from Resource to Residential Suburban Medium density and Residential Multiple Family Location: North of Eagle River at Avon, between the river and the railroad, near the Stolport, in Section 7. T5S, R81W and Section 12, T5S, R82W Susan Vaughn, Planner, stated the next item was a request from Eagle Bend for a zone change from Resource to Residential Suburban Medium density and Residential Multiple Family. She located the area on the plat. Guy M. Gregg, co -developer, discussed the access to the Property, the project and what will be built on the property. Mr. Gregg read the following letters into the record: 1. Letter from Eagle Vail Metropolitan District concerning water service , 2. Letter from Upper Eagle Valley Sanitation concerning sanitation. 3. Letter from Mr. Gregg to Morrie Nottingham concerning access. 4. Letter from Frank Doll to Mr. Gregg stating his willingness to grant easement through his property. Mr. Gregg stated he had recieved no objections from adjouning land owners. Discussion followed on the green space. Ms. Vaughn stated the Planning Commission had failed to pass a motion because of the high densi.Cy. The problem of the noise factor of the railroad and airplanes has not been shown it can be mitigated.' The Staff discussed the problems they had with the item and recommended denial. Terrill Knight, Planning Director, stated the Open Space Plan recommended buffers be between higher density developments. He discussed an Avon Town meeting he had attended. Commissioner Williams moved to approve the zone change. The motion died for lack of second because of the high density. Commissioner Williams moved to table the zone change application to no later than March 10, 1980 as verbally requested by, -the applicant to allow the applicant to submit additional legal descriptions and allow those descriptions to be advertised. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Sketch Plan review for a 32 acre parcel into 31 lots ranging from duplex to multi -family Location: North of Eagle River at Avon, between the river and the railroad, near the Stolport, in Section 7, T5S, R81W, and Section 12, T5S, R82W Commissioner Williams moved to table Su -130-79-s until March 10, 1980. Commissioner Troxel seconded the motion and the Chariman declared the vote unanimous. Terrill Knight, Planning Director, stated the next item was a continuation from the November 13, 1979 Public Hearing.This concerns an amendment to the Eagle County Zoning Resolution for a break down between 2 acres and 10 acres. Discussion followed on the changes of the Zoning Resolution. The Board concurred the new zone would not solve the problem and they should not designate one particular zone. Commissioner Williams moved to- notadd a new zone of Agricultural Residential Medium to the Zoning Resolution. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Terrill Knight stated the next item was also tabled from the November 13, 1979 public hearing, concerning Uses by Right in Commercial Limited Zone.'. -Discussion followed on a possibility of adding a zone in the future. - Commissioner Williams moved to deny adding to the Zoning Resolution the Uses by Right in Commercial Limited Zone because it will take 6 months to a year to complete the document. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Terrill Knight, Planning Director, stated he had requested Beth Riggert, County Attorney, to draw up a Resolution commending; Leila Mosher for her service to Eagle County. Commissioner Troxel moved the Resolution commending Leila Mosher be signed. Commissioner Williams seconded the motion; the Chairman declared the vote unanimous and the Resolution was signed. Terrill Knight, Planning Director, stated the last item was Double -C Subdivision Improvements ement which needed to be finalized. Commissioner Will.iams moved to approve and sign the Double -C Subdivision Improvements Agreement. Commissioner Troxel seconded the motion; the Chairman declared the vote unanimous and the agreement signed. 448 Proceedings of the Board of County Commissioners--i-4-th day ianuarY__ term 19 80 _.—_19— ` Beth Riggert, County Attorney, presented a new lease for W. F. Stevens with an option of extending the W.F. Stevens agreement for 5 years. Lease Commisisoner Williams moved to approve the lease. Commissioner Troxel seconded the motion; the Chairman declared the vote unanimous and the lease was signed. Sheriff Jack Haynes appeared and introduced to the Board, Sheriff Harold Bray of Jefferson County, Sheriff's Wayne Patterson, Under Sheriff and Director of Correction of Denver County, and Jim O'Neil, Director of Department: County Sheriff's of Colorado. New Jail Sheriff Haynes stated they were present because he had requested the Chairman of th& Jai`.A and Detention Committee to do more studies on Eagle County's present jail facilities and make recommendations. Jim O'Neil advised the Board it would take 3 or 4 years for a new ,jail. The main concern of the Sheriff is the safety and security of the inmates and staff on duty. Mr. O'Neil had looked at and discussed with Sheriff Haynes the manning of the jail. Mr. Patterson discussed the law suits that can be brought aqainst Sheriff Departments.' Two thinas which must always be exercised in a ,jail are at least one person awake and alert around the clock. The second being that female prisoners only.be handled by female deputies. Commissioner Grant asked Mr. Patterson his opinion on a regional jail for Eagle, Garfield, and Pitkin County, Mr. Patterson discussed the expense of transporting prisoners and stated a lot of work',and study would have to be done before it could be considered a good solution. Sheriff Bray discussed the law suits that have been filed aqainst the Board of County Commissioners and Sheriff in Jefferson County. He discussed the type and capability of the staff. Commissioner Williams questioned if a set of standards are available in planning a new jail. Mr. Patterson explained the studies in progress for the minimum statndards and the. costs to the Counties. He stated no minimum has been determined yet so the National Standards are being used. Mr. O'Neil stated when a new jail is built the set standards will be mandatory. The discussion ended with the Board thanking the gentlemen for appearing. There being no further businees to come before the Board this date the meeting was adjourned until January 23, 1980. ha�rman I , //- S o i / a Proceedings of the Board of County Commissioners 23r:d day January term 19 80 Su -108-80-F1 & F'e Berry,Creek Final Plats 1 Su -3-80-F Vail Inter -c'^ mountain Swim & Tennis Condo Zi SPECIAL MEETING Present- Dale Grant Chairman Keith Troxel Commissioner Dan Williams Commissioner Beth.Riggert County Attorney Susan Vaughn Planner Tom Boni Assistant Planning Director Johnnette Phillips Clerk to the Board 449 19__ This being the first day for planning matters to be presented to the Board, the following items were heard, to wit: .- Request: Final Plat review for 2.00 and 514 units Location: Berry Creek PD Phase 3 and 4, Section 33, 34, T4S, IB2W Tom Boni, Assistant Planning Director, presented the first item for Berry Creek Final Plat Filinn 3 and 4. Mr. Boni stated the applicant isrequesting final plat approval of 190 units on the third filing and 514 units on the fourth filing. Mr. Boni advised the Roard the preliminary plan was approved for the purpose of zoning. He located, on the plat, the property in question and the previously approved property. Questions were answered on access with Mr. Boni stating there is still a question about road right- of-way easements. Discussion followed on the concerns of the cut and fill of roadways and driveways to lots, road maintenance easements, and clearance from the water courts. Dick Bailey, from June Creek Ranch Comnany, answered the landscape questions. Beth Riagert, County Attorney, questioned who will he resnonsible if damaqe occured to the landscape. Fred Otto stated they could make a modification to the easement agreement to dispose of County liability for anv vegitation, revenitation, or landscape plan. Fred Preen stated Ms. Riggert's concern --has some validity but the County responsibility can be clarified easily. Tom Boni.stated the concern is related to a release of liability that was incorporated into a Road Maintenance Agreement. Mel Atwell, County Engineer, requested to define the reason for discussing the easement. Doug Pilcher, Road and Bridge Supervisor, discussed the nroblems he had concerning the easements and the right-of-ways. The Concept as indicated in the regulations is complying only minima!lly,.at this time. Mr. Green responded the Road Maintenance Agreement is not a new concent. Road Maintenance Easements are marked on the plat as it is in other cases in Eagle County. The only difference in this case is they have gone further than ever before and recorded a supplemental document that further defines the rights and responsibility of the County. Commissioner Williams discussed the easements and snow removal. Mr. Atwell explained the reasons he did not want an easement for a maintenance agreement. Mr. Preen stated there is already a maintenance agreement and a Rinht-of-way Easement is not included. Mr. Atwell stated for the reasons of simplicity, precedence, and taxes he feels a maintenance agreement is not necessary or acceptable. Mr. Pilcher stated he does not narticulary anree with the form. The right-of-way needs to be adjusted to within reason which is an Potion of the developer. With semi=ownership of the property the land owners will have to pay taxes on it should it be approved. It should he stated on the plat instead of on a'seperate document so a new owner will he aware of what it involves. Terrill Knight, Planning Director, stated usually roads -and right-of-ways are not an issue at final plat stage but in this case it was specicically put on at the final plat stave by agreement of both sides because there were some questions and is the the only question remaining on preliminary stage. Mr. Boni stated on this issue the 'particular concern is the set backs from cut and fills. There are problems of slope stability. The right-of-way should incorporate rather than the easement. Commissioner Troxel requested the Staff recommendations. Tom Boni stated one other issue to be addressed is the water. The Planning Commission recommended annroval with the following conditions:' 1. Agreement from County that the remaininq.opposition to the Berry Creek plan for augmentation appears to he inconsequential nature 2. Final wording of the maintenance agreement for that nortion of Single Tree Road impacted by the H.W. ditch that has been anreed to. 3. The final form of the Road Maintenance Easement should be placed on the face of the plat to control land from toe of slope to top of cut. Mr. Boni related to the Board a decision on the water from the Water Board. Scott Balcomb advised the Board the project has 25% more water than needed to serve the contemplated development. There is no need to wait until the augmentation plan is completed. He believes everything is in order and there is no realistic reason to hold up the plan until they have a court decision. Fred Green stated they have spent $13,000 on the water system and augmentation plan. It would cause a hardship on the development to be allowed to proceed on Filing #1 and #2 and then not be allowed to proceed with Filing # 3 and #4 because of a plan of augmentation. Commissioner Troxel requested a written statement from Mr. Balcomb on his opinion. If they can not get water who will be responsible if it is not approved. He then discussed the Road Maintenance Easement as a problem and he could not approve it. He does not feel he can accept roads for maintenance until over half of the lots are sold. Mr. Green summarized the argument on the right-of-way easement and maintenance easement. He believes these problems have arisen because of adversary attitudes between the Staff and the applicant. Commissioner Williams stated several methods to solve the problem. When people look at the plat there should he no question of determining on the plat where the set backs are to build the house. Commissioner Troxel moved Su -108-80-F1 and Su -108-80-F2 be tabled,for a period not to exceed 60 days, at the request of the applicant, to further meet with the Staff concerning the Road Miantenance Easement Seperate Agreement. Commissioner Williams seconded the motion. Commissioner Troxel amended his motion to include a building permit restriction until there is water in the lines and that roads will not be accepted for maintenance until at least 50% of the lots are sold. Commissioner Williams seconded the amended motion. The Chairman declared the vote unanimous. Request: Final Plat review of 4 dwelling units Location: Block 4, Vail Intermountain adjacent to Kinniknick Road Tom Boni, Assistant Planning Director, stated the next item was a request for final plat review of four dwelling units from Vail Intermountain Swim and Tennis Condo's. The Planning Commission -recommends approval. Commissioner Troxel moved Su -3-80-F be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Proceedings of the Board of County Commissioners 23rd day_January ____term 19 80 Request: Final Plat review of 12 condominium units Su -112-80-F Location: Section 12, T5S, R81W across Gore Creek from Vail Village West #2 Spruce Creek #1 Tom Boni, Assistant Planning Director, stated the next item was a final plat review for 12 condominium units from Spruce Creek Townhouses Filing #1. The Planning Commission recommends approval with the condition a bike Path he put on the final plat. Commissioner. -Williams moved Su -112-80-F be approved. Commissioner Troxel seconded the motion and Chairman declared the vote unanimous. Request: Subdivide duplex in Eagle -Vail Location: Lot 57, Block 1 Eagle -Vail #1 Commissioner Troxel moved to approve the Alfred Connell Minor Subdivision. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: Subdivide duplex in Eagle Vail Location: Lot 33, Block 1, Eagle -Vail #2 Commissioner Troxel moved to approve the Commissioner Williams seconded the motion Hertzoa Minor Subdivision. and the Chairman declared the vote unanimous. Request: Subdivide duplex in Eagle -Vail Location: Lot 16, Block 1, Eagle -Vail #2 Commissioner Troxel moved to approve the Mountain High Enterprise Minor Subdivision. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: Subdivide duplex in Eagle -Vail Location: Lot 18, Block 1, Eagle -Vail #1 Commissioner Troxel moved the Arrow Investor Minor Subdivision be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: Subdivide duplex in Eagle -Vail Location: Lot 37, Block 4 Eagle -Vail #2 Commissioner Troxel moved Lechner Minor Subdivision be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: Sketch plan review of 8 homesites Location: Tract 56, Section 26, T4S, R84W, 3 miles east of Eagle (Diamond J property) Tom Boni, Assistant Planning Director, stated the next item was a sketch plan review of eight homesites for D -J Group. He located the area on the plat. Mr. Boni stated the driveway concerns have been addressed with the driveway to be relocated. Bill Phillips, attorney for the project, addressed and explained the plat revisions. The driveway will be on the plat as a private drive and indicated as part of the common area. Mr. Boni feels if it is placed on the plat it would solve the Problem. Harold Denton discussed the plat and lots. Commissioner Troxel questioned the common cost Oer homeowner and the covenants and regulations for dog control. Commissioner Williams questioned the size of the lots. Chairman Grant stated the applicant for item Su -114-80-P1 requested to be heard after 2:00 P.M. Request: Sketch Plan Review for 42 condominium units and 2 single family units Location: Section 12, T5S, R82W (immediately west of Eagle -Vail) Tom Boni, Assistant Planning Director, addressed the next item as a sketch plan review for 42 condomini units and 21 family sites for River Oaks. Mr. Boni located the area on the plat along with the other property zoned RSMD and.;multiDle family. He stated he had met on the site with the owner, Mr. Reichert, and the architect, Mr. Allen Butler. Susan Vaughn, Planner, stated she had calculated the maximum density two different ways. The applicant disagreed on the formula as to the way the Staff had interpreted the regulations. Ms. Vaughn pointed out the area the Staff considered 40% slone, or non -developable land, and came up with seven dwelling units and 26 total. units in the RMS zone. The second figures presented nine dwelling units and 27 total units. Basically 34 or 37 dwelling units may be annropriate on the site. Mr. Butler explained how they arrived at 44 units. They are only requesting 12 new units. Tibort Reichert, Gamma Development Corporation, questioned why the determination of developable land. He had hired an attorney to go specifically by the regulations and he is willing to go by the Staff recom- mendation. Tom Boni stated interpretation of the regulations is the Problem. Commissioner Williams moved,"for-the purpose of idenfifying the number of dwelling units in file # Su -134-80-S, the Board concur that Staff's form of measurment is accurate and did agree with:.the Zoning Resolution 2.20.56 on page 8. The dwelling units will be indentified as those indentified by the Staff in a letter dated January 22, 1980. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Mr. Boni stated the second problem is the road with a steep cut into the hillside. Staff feels this type project should be a cluster development and not a used Portion of the lot. Mr. Allen stated they have agreed to limit the lots in the roadway on the upper area. This presents a problem of putting them under RSM zoning as a cluster and lowers square footage requirements .her unit. Staff agreed 9 units on RSM zone and 27 units RFS zone would be appropriate. Request: Preliminary Plan review of 21 condominium units Location: Section 11, T5S, R81W, (adjacent to Vail Village West #2) Tom Boni, Assistant Planning Director, stated the next item was Imperial Development. He pointed out the location on the plat as being in the West Vail area. The Planning Commission reviewed thisan.d recommended approval of the preliminary plan subject to the Eastern parcel being left as open space on the final plat so as to leave a parcel of ground that is severly constrained. On the initial sketch plan there were 24 units clustered on the Eastern site. John Perkins, representing the developer, stated that on the initial Plans the buildings were closer to the creek but were shifted to allow 50 foot set backs. The bike path location has been somewhat of an issue. Location of the bike path was discussed. Commissioner Williams moved Su -127-80-p be approved to proceed to final Plan. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Tom Boni, Assistant Planning Director, stated the next item on the agenda was the Scottsville area: Ken Long, from Johnson and Kunkel land Surveyors, stated he was hired by property owners to resolve problems of lot lines with direction from the Board. He located,, on the plat, where -new brass cans have been set by the government on the property. Sm -132-79 Alfred Connell Sm -159-79 Hertkog Minor Subdivision Sm -163-80 Mountain High Enterprise Sm -164-80 Arrow Investors Sm -165-80 Lechner Su -132-80-S D -J Group Su -114-80-P1 The Ridge Su -134-80-S River Oaks Su -127-80-P Imnerial Develop- ment Scottsville Area 451 .. Proceedings of the Board of County Commissioners day Janu r_y--_ teen 19.-8o_ 19— Mr. Long stated the property owners are requesting to keep boundaries as they are on the ground and write new legal descriptions. Gail Newman, property owner, questioned going through the subdivision process and asked what alternatives action could be taken. Commissioner Williams gave possibilities of what could be done but stated the Board would not tell them how to proceed. Stone Creek Tom Boni, Assistant Planning Director, stated the next.item was Stone Creek Meadows- Tracts J -K -G Meadows Tracts Eagle -Vail #1. He located the position of the 'property on the plat. J -K -G Jim Bailey explained to the Board the plat and discussed the requested approval of 250 residential units. He discussed the Parking, building heights, and access. Tom Boni stated the Staff would like to see some emphasis put-on-greensspace. Ken Wentworth read the size of the lots from the figures they had presented to the Board. (see Exhibit) Mr. Boni stated the numbers of 250 units were acceptable to the Staff. Discussion followed on which guidelines or regulations should he used. Terrill Knight, Planning Director, suggested accepting the;^sheet^read as a guideline. Susan Vaughn, Planner, stated the Planning Commission wanted a church included on the property. • Commissioner Troxel stated because of his previous stand on density he could not`.make a comment to the density and he could not second a motion on this item. Commissioner Williams moved to accept this proposal and plan along with the maximum dwelling unit number of 250 units as well as the sheet presented to the Board entitled Stone Creek Meadows. (see Exhibit) as guidelines and site not be precluded from a possible church site in the future. Chairman Grant seconded the motion. The vote being two in favor with Commissioner Troxel voting "no". Su -114-80-P1 Request: Preliminary Plan review of 6 townhouses and 3 duplex and 1 single family Ridge.Phase 4 Location: Far eastern portion of "The Valley PUD" (Lions Ridge Loop) Tom Boni, Assistant Planning Director, addressed the next item as the Ridge Phase 4. Pam Hopkins, architect, pointed out the access and lots. Dan Kirkland discussed the Staff's recommendation on the road. Commissioner Williams suggested a plat restriction to identify how it would remain as a private road. Tom Boni read a letter from the Planning Commission recommending approval conditional upon the following: 1. A commitment from the owners of the Valley to limit the total development to 150 units and 185,000 square feet. 2. Aminity package should be addressed with the Board of County Commissioners Mr. Boni discussed the problems that need to be resolved. Jim Cunningham discussed units and floor area ratio. Commissioner Troxel moved, in regards to the Valley PUD, the maximum amount of buildings be 144 units and the maximum allowable square feet, excluding garages, be 2001000 square feet. Commissioner Williams seconded the motion and the Chariman declared the vote unanimous. Susan Vaughn, Planner, discussed the land exchange and believes the land has to be rezoned. She advised the Baord may want to wait until hearing the Selby rezoning. Jim Williams discussed the original aminities. The Board suggested a plat and deed restriction to the aminities. Commissioner Williams moved to table this item until February 11, 1980 as the Board does not have the technical ability to approve the preliminary plan with the existing zoning problem. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Mark Donaldson Tom Boni, Assistant Planning Director, stated the applicant for the item of Mark Donaldson -Edwards Post Office had not appeared. Employment of Beth Riggert; County Attorney, presented a contract of employment of Mary Merklin as official reporter Mary Merklin for the County of Eagle. The contract states Ms. Merklin will attend all public hearings. She will return two planning meeting transcripts. Any other requested transcripts will cost $1.95 per page. Her rate of services will be $35.00 per half day with a minimum monthly payment of $300.001 Commissioner Williams moved -the Chairman sign the contract for Employment of Mary Merklin. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous.and signed the contract. Entertainment Beth Riggert, County Attorney, presented her next item as a contract for Entertainment at the County at the County Fair. Fair Commissioner Troxel moved the Chairman sign the contract for Entertainment at the Eagle County Fair. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Distribution of Beth Riggert; County Attorney, presented a Resolution for the Distribution of Receipts from the Mineral Receipts from Leasing Funds in the amount of $24;420,10 to be transferred to the County Road and Bridge Fund. Mineral Leasing Commissioner Troxel moved the Chairman sign the Resolution. Funds Commissioner Williams seconded the motion. The Chairman declared the vote unanimous and signed the Resolution. Town of Vail Beth Riggert, County Attorney, presented a Lease Agreement with the Town of Vail for the lease of the Lease Agreement Old Vail Shop for the County Maintenance crew. The cost is $15,000 a year for one year which may be extended.. Commissioner Williams moved the Chairman sign the Lease Agreement. Commissioner seconded the motion. The Chairman declared the vote unanimous and the signed the Lease Agreement. Sopris Gas Beth Riggert, County Attorney, presented an agreement and suit Claim Deed between Sopris Gas Station Station in E1 Jebel and the County. Ms. Riggert discussed the agreement with the Board. Appeal: Terrill Knight, Planning Director, introduced Mark Marcus, representing Beaver Creek who presented a Beaver Creek letter pretaining to the adoption of the building code. Mr. Knight stated there is enough difference in impact they would have to return to their architects and designers to ask them to take time and money to re-evaluate the project in order to comply with these codes. It would cause a hardship and further delays to re-evaluate under a new building code. The applicants requested a 90 day extension on the six projects in question. Mr. Knight advised the Board they could extend the time or deny the request. Les Douglas* Buildi.ng Inspector, stated he did not see a drastic change in the building code requirements. If this request i.s allowed others will be requesting an extension. Commissioner Troxel suggested the Board adopt a policy that all applicants will have until July 1, 1980 before the new building code applies. Beth Riggert, County Attorney, advised the Board an amendment could be added to the 1979 building code concerning the cut off date. Chairman Grant suggested the Resolution should state the applicant work with the County Attorney to handle present projects at planning stage. 452 Proceedings of the Board of County Commissioners—nrd day ianua_ry__ term 19 8o The Board concurred to hear the Building Code Amendments in April and make effective date after July 1, 1980. Terrill Knight stated if this is passed as a policy it should be advertised and letters sent to con- tracotrs to amend the previous letter that was sent. The Board concurred.and directed the Staff to send letters to those effected. Commissioner Troxel moved to approve the appeal request from Beaver Creek Associates. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Tom Boni, Assistant Planning Director, stated the next item was Larry Eskwith, representing Park Meadows. Mr. Boni requested discussion on the issue of an additional employee housing unit on Park Meadow prope Larry Eskwith presented the background on what happened at Park Meadows. He stated Steve Nelta had called the electrical inspector and the inspector had red tagged the project because there were no building permits. Mr. Eskwith stated his clients have spent considerable amounts of money on this project and there is a need for the complex. They are requesting one unit for space for two maids to live while employed,at Park Meadows. The applicant requested an amendment to the zoning resolution to allow caretaker units. Commissioner Williams suggested a SUP, for that type of problem, might be appropriate. Other options that were available were discussed. Susan Vaughn, Planner, presented a letter from Colorado Ute regarding their SUP. One of the conditions on the Special Use Permit of October 29, 1979 was the County will develope a cooperative agreement with the BLM to moniter and inspect lines on private land. It has come to the attention of Colorado Ute, the Planning Staff, and the Board this type of agreement can not be made with the BLM. Colorado Ute is requesting the Board amend the SUP either resolving or deleting it. Colorado Ute recommends the Eagle County Engineer, Mel Atwell, be designated as inspector for Eagle County on this project and Colorado Ute will reimburse the County for expenses incurred. Commissioner Williams moved to amend the SUP for Colorado Ute in regards to the inspector thereof any inspections necessary for County purposes be made by County Engineering Department and expenses be reimbursed by the applicant. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. There being no further business to come before the board the meeting was adjourned until January 29, 1 Chairman 0. Park Meadow .mployee Housing Colorado -Ute SUP II ST ONE CR E E Y. ME ADOWS Total Safe - 26.79Acres 1,166,92 sq. ft. Density - 8.7 unifs Per nue Total GR FA - 310,292 sq. ft. ( excluding vroge crsd decl s) 2796 of total site Tajo[ Ruildang Coverage - 164, 132 sq, ft. ( inc_ludir.g garage) 14% of total site Totoi Paving - 284,400 sq, ft. 2.4% of Total site Total Impervious Material - 448,532 sq. ft. 38% of Iola[ site Total Green Space - 718,440 sq. rt. 62% of total site Total Paricang - 559 total spaces Total Parking required - 558.50 tctalspaces Total Height - 32'-0" ( Unit "A") 1/22/80 milli sa, s RUSSELL P KRAMER°'` THOMAS T. CALKINS, KRAMER, GRIMSHAW & HARRING GRIMSHAW, P.C, RICHARD L. MARRING VICTOR LEE WALLACE It ALAW PARTNERSHIP INCLUDING GORDON F GARRETT ROBERT LKIRBY PROFESSIONAL CORPORATIONS RALPH POUCHE R. P C. POUCHER, S S. BAILEY, SUITE 1900. FIRST NATIONAL BANK BUDGIN IL JOHN J iI PTON. P C G EP SEVENTEENTH STREET GILBE RTF MrNEISM DENVER, COLORADO BD253 RICHARD E STODDARD. PC. WAYNE B SCHROEDCR TELEPHONE 13031 629n 500 OF COUNSEL T ELECOPIER MICHAEL E REIDY 13039 E23 -City July 21, 1980 Board of County Commissioners Eagle County Eagle, Colorado 81631 Gentlemen: RD'GERA LANDHO , MMITNA B. T*T O IMERpT H LYNCH NAAD L. VAN SCO" BRUCE E OI1ACOR: T EDOVARD ICERDGLE DAVID M BE RRETT CHINSTOPIRR F DOWNS C RRCNA[L 94YRE. K IE S Mr J LIKYEY KEEPER IRKL, THDMA! TALE" tp ILI WIH RLELS DANIEt EL. C IRME LSPACN • ADMRTED M: MASSACHUSETTS DISTRICT OF COLUMBIA ANOTEXAS Re: Service Plan for the Proposed Edwards Water District This letter is written in my capacity 'as the attorney for the Lake Creek Meadows Water District. The Proponents of the Proposed Edwards Water District met with representatives of the Lake Creek Water District and discussed in detail the feasability of service being provided to the Proposed service area of the Edwards Water District Lake Creek Water District. by It was determined by the Parties that at this time such service was not, in fact, feasible, and that it would not be in the best interest of the Lake Creek Water District to attempt to provide that service. Consequently, Lake Creek Water District declines to attempt to provide service for the proposed Edwards Water District service area. However, the Lake Creek Water District asks that the County Commissioners retain the provisions currently existing in the service plan of the proposed Edwards Water District relative to consolidation of the two districts at such time as it becomes feasible and, additionally, that the County Commissioners request of the proponents of the proposed Edwards Water District that they instruct their engineers, upon their formation, to sit with the engineer for the Lake Creek Water District in order that facilities planning be undertaken in a manner that would be compatible with a ,future consolidation. Best regards. Cordially, C NS, R, IMSHAW & w HARRING .,FX /3a James . Bailey r. 45 Proceedings of the Board of County Commissioners- 29th day January term 19m— 19— SPECIAL MEETING Present: Dale Grant Chairman Jo Ann Deighan Health Assistant Dan Williams Commissioner Nancy Morgan Health Officer Secretary Keith Troxel Commissioner Johnnette Phillips Clerk to the Board Eric Edeen Health Officer This being the day for Welfare matters to be presented to the Board the following items were heard to wit: ISDS Regulation The first item on the agenda was a public hearing on the ISDS, Regulations and Individual Sewage Disposal System Regulations. The proposed changes were discussed and changes, suggested by the Board, were made. Eric Edeen, Health Officer, stated the fee for a new septic tank will be raised to $75.00. Jo Ann Deighan discussed the procedure for obtaining a repair permit for a septic tank. Discussion followed on the depth of placing the septic tank. r Commissioner Troxel moved to adopt the new ISDS Regulations and the proposed changes dated January 29, 1980. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Abatement: Ella Bindley, County Assessor, appeared to present an abatement for Mervin Lapin:on Tract A-4 in Mervin Lapin Lion's Ridge. Mr. Lapin stated he had paid the taxes on the land for about four years. He explained how he had acquired the land and stated the assesment had dropped in .the last two years. When he filed for the Treasurer's Deed, after three years, it became obvious his taxes had gone down. I Ella Bindley explained the previous owners were complaining the piece of land could not he developed so she dropped the evaluation to represent a green belt.. Mrs. Bindley recommended, that in view of the fact it was incorrectly assesed the first two years he had owned it, the abatement be granted. Commissioner Williams moved to allow the abatement on Tract A Lions''Ridge. Commissioner Troxel seconded the motion; the Chairman declared the vote unanimous and the abatement was signed. Mr. Lapin discussed the tax certificate of 1972 that was lost. He stated he has given the Treasurer an indemnification for tax certificate. The Board concurred this would be allowed. Manager of Mick Kasher, Administrator, discussed a new manager for Data Processing with a salary of $21,000.00 Data Processing per year. Commissioner Troxel moved in,'this particular instance, the Board allow Mr. Kasher to advertise and hire a Data Computer Systems Manaaer at a salary not to exceed $21,000.00 a year. Commissioner Williams would not second the motion as it does not comply with the personnel policy. Chairman Grant seconded the motion. After discussion the Chairman declared the vote unanimous. Memorandum of Terrill Knight, Planning Director, presented an original of Memorandum of Understanding which is the Understanding agreement to participate in the joint review process for Adams Rib. He stated these are the originals for Adams Rib signed by Tom Evans. The Board has copies of the final draft. Mr. Knight advised the Board it does not state the Board will approve or disapprove. It includes a preliminary list of concerns pretaining to the enviromental impact of the ski area. The Staff encourages the Board to make a motion to approve and sign the Memorandum of Understanding. Commissioner Williams moved the Memorandum of Understanding between the Forest Service, the County, HBE Corporation, and the State of Colorado be approved and signed by all three commissioners. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous and signed the Memorandum of Understanding. Vail Inter=n :; Tom Boni, Assistant Planninq Director:,..stated Stan Cole, one owner of Vail Intermountain Swim Club, mountain Swim requested permission to change some of the labeling on the final plat. Club Mr. Cole stated Trans America Title Company wanted the change because it was incorrectly written as GCE (General Common Element). This should be erased and LCE( Limited Common Elements) put in its place. The Surveyors certificate should state specifically the map was performed following substantial completion of the improvements. Commissioner Troxel moved the applicants request be approved. Commissioner Williams seconded the motion. Commissioner Troxel amended his motion to read the Board approve the changes on the buildings. The numbers and numerals were deleted from the buildings entirely and between the buildings the letter L was inserted rather than the letter G to make it LCE. Also there is a sticker on the bottom of the surveyors certificate, which has been approved by the Board of County Commissioners, to state this map was prepared following substantial completion of the improvements shown. Commissioner Williams seconded the amended motionland the Chairman declared the vote unanimous. Resolution Commissioner William stated he has a request tochange the Resolution on Overtime. He can not find re-examination any where in the personnel policy which adequatly addresses the terms Proffessional, Technical, and Supervisor) His problem is not paying overtime to Deputy Sheriffs. Commissioner Williams contends if overtime is paid no department should be exempt. Commissioner Williams moved to re-examine the entire Resolution. If the County continues not to pay overtime to the Deputy Sheriffs they should be identified as Proffessionals. Commissioner Troxel seconded the motion to re-examine the Resolution and the Chairman declared the vote unanimous. Commissioner Williams stated Sheriff Haynes requested a letter to determine why overtime is not paid to Sheriff Deputies. Commissioner Williams advised the letter would not be sent until the Resolution has been re-examined by the Personnel Committee. Commissioner Troxel believes the Resolution is a letter of explanation. There being no further business to come before the Board the meeti(n adjourned until February 4, 1980. `was C�ai rman �T Attest: lerc to the Boar 454 Proceedings of the Board of County Commissioners--4xb--day—EabrU4ry term 19 8o REGULAR MEETING, Present: Dale Grant Chairman Keith Troxel Commissioner Dan Williams Commissioner Beth Riggert County Attorney Johnnette Phillips Clerk to the Board .19_ _ This being the regular day for the County Commissioners to meet the following items were heard, to wit: Roy Mosher appeared and discussed a road in his subdivision where the County has not begun maintaining it. It has been dedicated to the County for maintenance with the condition gravel will be put on before maintenance begins. This has not been done. The Board directed Doug Pilcher, Road and Rridge Supervisor, to wing back the road in.assistance to Mr. Mosher, but regular maintenance will not begin until the roads have been gravelled as stipulated when accepted for County Maintenance. Leonard Sinclair appeared as a private citizen rather than a member of the Airport Commission. He requested discussion concerning authority and responsibility of the Airport Commission. In his opinion the Airport Commission does not need authority but should be allowed to accept more responsibility. Mr. Sinclair feels that meeting only once a month is presenting a Problem. Commissioner Troxel suggested having the Airoort Commission authorize a few people to be an executive committee to meet and deal with the daily problems not including the major decisions. Discussion followed on requests for building hangers and procedures that are being followed. There have been requests for a set of guidelines on how it should he handled. Accidents that might occur and a contingency plan on how to proceed was discussed. Mr. Sinclair advised the Board that since additional tie -down fees are being charged people who fly in and have their planes tied down expect additional services. Commissioner Williams discussed the Board meeting with the Airnort Commission to determine what needs to be done. Mr. Sinclair stated the Airport Commission is unhappy with the airport appraisal done by Mr. McTaggert. They have had problems getting the report made, pictures are reversed and names are misspelled. Discussion continued on the appraisals. The Board thanked Mr. Sinclair for appearing. Beth Riggert, County Attorney, appeared and advised'the Board by statute there has been a Petition, filed with the Clerk and Recorder's Office, and a Service Plan for a proposed district entitled Edwards Water District. Ms. Riggert stated they have paid their fees and she proposed to set a hearing date of March 3, 1980 at 1:30 P.M. Commissioner Williams moved to sign the Resolution to set up a public hearing. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Mick Kasher, Administrator, presented two agreements for the Eagle County Nursing Service. He stated the only problem he has with the agreements is the fee per hour has not been inserted. The agreements state when physical or speech therapy is needed the County will supply it. Commissioner Williams moved to sign the contracts contingent upon completion of filling in the hourly rate. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Mick Kasher presented the proposed nominees for the Jail Advisory Committee with a request for the Board to make additions and deletions at their decretion. Mr. Kasher then presented a letter Written -to Sheriff Haynes in regards to the Visa cards he has requested. Mick Kasher stated he has received one application for Glen Miller requesting appointment as a member on the Eagle Cemetary Board. Commissioner Williams moved Glen Miller be appointed to the Eagle Cemetary Board. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved Adelaide Leto be appointed to the Basalt Library Board for Eagle County Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Mick Kasher, Administrator, stated he has recieved calls from Sam Yantzer, Eagle Ambulance: Len Morgan, Vail Ambulance; and Ken Wilson, Eagle Fire Chief for the Emergency Medical Service Advisory Board for Eagle County; Commissioner Williams suggested tabling this item until they have had a chance to get applications from other areas of the County. Terrill Knight, Planning Director, stated he had met with the applicant for Berry Creek, Fred Green, and discussed the points where they differ. The first difference being the roads. At a meeting of February 20, 1979 the Board of County Commissioners approved the preliminary plan of Berry Creek Phase II subject to the final wording of the Resolution concerning this matter. It is understood that prior to final platting the road plan will he worked out to the satisfaction of the Board of County Commissioners. Staff's opinion is, the item<of the roads was left to be a final plat item although it should have been delt with in preliminary plan. The Staff has had some disagreement with the applicant about a need for some redesign of roads to make better lot situation. Staff recommendsoot approving until some redesign is done. The second difference with the applicant is the road should be within a right-of-way dedicated by the County. The applicant is requesting an easement. The third question is whether water and sewer has to be installed before issuance of a building permit. The Staff feels this is a cut and dried case although they did not come to a resolution. Mr. Green responded to the idea of water having to be in the lines and the sewer in operation. He believes this should not be a policy. He gave an example of the fact this summer they plan to build the Golf Course Club House and would like to be building the lines while constructing the building. Commissioner Williams stated he was the one that added this item to the motion because he did not want anyone to move into a house without water. Mr. Green stated he wanted to distinguish between design and the Road Maintenance Agreement. He discussed the problems the Staff has and presented a plat with the agreement on it. The problems of revegitation and set backs have been addressed. He feels the applicants have designed this subdivision in compliance with the preliminary plan approval in a Drofessional-manner. Mr. Knight advised that the drawings vary somewhat on preliminary Plan from the one presently submitted. The Staff recommends the easement not be done. They recommended the density on the upper slopes not he as high. i Roy Mosher Leonard Sinclair Airport Commission Edwards Water District Eagle County Nursing Service Nominees for Jail Advisory Committee Glen Miller Cemetary Roard Basalt Library Board EMC Advisory Board Berry Creek Lake Creek Road Eric Edeen Septic Sludge Proceedings of the Board of County Commissioners 4th day February term 19_80 FM 19— Mr. Green stated the first time he had heard about redesign was at a meeting a week ago. Tom Boni, Assistant Planning Director, stated the discrepancies that caused the Staff to suggest redesign were on the cut and fill slopes on the preliminary plan. The Staff contends there were changes made in the road cuts and fills. Mr. Green is stating no changes have been made. LeRoy Tabler, Engineer, advised the Board the soils report stated cuts should he 1z to 1 or 2 to 1. Cuts are shown 12 to 1 all fills are to be 2 to 1. The difference on the final plat were because of the cuts on a sloping line. Curved lines cannot he shown on the plat. Mel Atwell, County Engineer, stated he thought the Board was going to look at variances on alignment of the road and determine if variances are acceptable. Mr. Knight stated the driveways and sight distance are problematic of the over all design. The design did not change to eliminate driveways on the steen slopes. Commissioner Williams stated the concept of the easement is no nrohlem as long as there is 12 foot easements on the right-of-way. He would like to understand all variances to the road design. Mr. Tabler explained the listed variances and stated he would like to see the road plans he the granting of the variance. Mr. Green stated he feels they have complied and are entitled to be approved. Mr. Atwell detailed the differences between the preliminary plan and the construction drawing submitted with the fianl plat for Filing 3 and 4 as the following: 1. Right-of-way vs maintenance agreement 2. Cut and fill slopes on final construction drawing are in variance with preliminary plan in regards to curvature of the road on filing 3 and 4 3. Variances on vertical site distance have not changed. Commissioner Troxel recommended, with recent impass, the Board would have to go with the Staff recommendation or the applicant. Commissioner Williams does not believe any variances were approved. Discussion followed on the variances and differences of the Staff and the applicant. Terrill Knight stated the Staff recommended tabling this item until the problems are worked out. The differences between the Staff and the applicant cannot be resolved. A work session should be set UD directly with the Board of County Commissioners to discuss the variances. Commissioner Williams moved to table this item for a work session, at the earliest convenience of the Board and the applicant, to specifically go over the road plan and the variances being asked for within those road plans for filing 3 and 4 Berry Creek. Roads may be constructed with an easement as identified in the plans presented today within a 12 foot setback. He amended his motion to state. it was decided at the session by the Board as the satisfactory variances to not be changed with out the permission of the Board of County Commissioners . Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Terrill Knight stated the applicant will meet Monday with the Staff so they could have the work session on February 7 at 10:30. Commissioner Williams moved to have a work session February 7 at 10:30 A.M. Commissioner Troxel seconded the motion and the Chairman declared the vote uanimous. Mel Atwell, County Engineer, appeared and requested if construction gets to the point, on Lake Creek Road, where they would need a construction contractor he would like to hire Jim Nimon as inspector. Commissioner Williams requested to be able to know the reasons when the road work slows down, if it should. Commissioner Williams moved to appoint Mel Atwell Project Coordinator for the Lake Creek Road and allow Mr. Atwell to hire Mr. Nimon when needed. Chairman Grant seconded the motion and declared the vote unanimous of the two voting as Commissioner Troxel was out of the room. The Board directed Mr. Atwell to furnish a weekly progress report. Eric Edeen, Health Officer, appeared to discuss the problem of septic sludge disposal. He had called a representative of BLM who had advised him the current lease with the County will allow dumping of septic sludge at the landfill, but they would need to revise the operating plan. Mr. Edeedihad discussed this with other sanitation treatment plants butnone would take sludge. The Upper Eagle Valley Sanitation District have accepted septic tank pumpings on an emergnecy basis. The Board directed Mr. Edeen to meet with Upper Eagle Valley Sanitation to set a rate and draft.an agreement. Mr. Edeen then asked for the solution for Upper Eagle Valley Sanitation for the processed sludge. Commissioner Troxel suggested Eric Edeen and Mick Kasher work with Upper Eagle Valley Sanitation District to accept septic tank sludge and get the sanitation district to process the sludge. There being no further business to come before the Board the meeting was=ad,iourned until February 11, 1980. test: C k= o�ahe oar Chairman 456 Proceedings of the Board of County Commissioners_ 7th day_February __term 19 11 REGULAR MEETING Present: Dale Grant Chairman Dan Williams Commissioner Keith Troxel Commissioner Mick Kasher Administrator 19 - This being the day set aside for bill paying the following bills were examined, approved and warrants drawn on the proper funds for same in full payment thereof: GENERAL FUND County General Fund Payroll $ 106,361.86 Jackie Phillips Wages December 1979 196.25 First Bank of Eagle County Federal W/H Taxes 129.73 Eagle County Treasurer State W/H Taxes 17.81 Eagle County Treasurer FICA Taxes 44.90 Eagle Electric Invoice 0008 21700.00 Eagle Computer Systems, Inc 300 LPM Printronix Printer 5,980.00 Dan E. Williams Meals chg'd to BCIRB 46.00 Mary Ann Miller December Overtime 51.94 Jo Ann Deighan December Overtime 20.80 Charlette Pascuzzi December Overtime 20.73 Benjamin Cram December Overtime 73.87 Judith Day December Overtime 77.47 Jean A. Green December Overtime 91.30 Patricia Pearce December Overtime 16.25 Elbert Baldrey December Overtime 55.21 Michal E. Day December Overtime 25.29 Rosemarie Capodieci December Overtime 78.94 Katherine Peterson December Overtime 65.89 Barbara Fenno December Overtime 27.14 Martye Shankel December Overtime 6.15 Alene Sutton December Overtime 20.08 La Donna Wade December Overtime 6.35 Mary Walker December Overtime 22.77 Kathy Baker December Overtime 19.28 Philip Biersdorfer December Overtime 120.97 Jim Cichantek December Overtime 72.95 Jim Cummins December Overtime 138.46 Alan Hart December Overtime 28.28 Steven Hecksel December Overtime 87.70 Randy Parker December Overtime 134.04 Santiago Perez December Overtime 42.14 Phyliss Robison December Overtime 12.47 Ernest Simon December Overtime 162.59 Dan Sparkmana December Overtime 153.40 D. Gregory Ulrick December Overtime 39.42 Dan Williams December Overtime 46.56 First Bank of Eagle County December Overtime Fed'] W/H Taxes 657.17 Eagle County Treasurer State W/H Taxes 118.74 Eagle County Treasurer FICA Taxes December Overtime 325.78 Radio Shack of Vail Cassette Tapes 375.96 Sears Metal Storage Shed 207.61 Eagle Valley Enterprise Legal Notices, Planning Dept. 220.07 Kistler-Kwill Sheriff & Jail Dept. 363.11 Eagle Valley Telephone Telephone for Sheriff's Dept. 236.13 Joyce M. Swanson R.N. BA J. Krieger & Octaviano Montano -Sheriff Dept 20.00 Mountain Bell Telephone Sheriff Dept 133.74 Pat Carlow Plane wreck Pictures Film for Cleta Class Picture 28.50 West Vail Texaco Invoice 14124 83.00 Phillips Petroleum Company Invoice 681551 Sheriff Dept 63.61 Rose Marie Faulkner Travel Expenses for Oct. Nov. & Dec 229.30 Mountain Linen Service December Linen Bill Jail 40.37 Basalt Drug Company Film and Batteries 23.78 Aspenalt Lodge Room Bill charges 481.94 Sea Quest Divers Divers and Equipment 1,425.00 A-1 Diving Company Divers and Equipment 214.02 Metal Arts Divers and Transporation charges 451.50 Basalt 66 Service Invoices 3161, 3183, 1367 603.04 Reudi Pan Store Gas & Oil 6.31 Fitzsimmons Motor Co Invoice 3366 216.00 City Market Invoices 23978 and 35006 31.03 Fayes Restaurant Invoices 535.99 The Vail Trail Invoices 909, 4931, 5047, 5048, 5148, 5147 61.20 Daily Sentinel Ads 24.96 Johnson, Kunkel & Associates Billing for Assessor and Planning Dept 2,970.59 Intergovernmental Motor Pool Billing for Building and Resource Recovery Dept 443.85 Beverly Sheldon Mileage for Fairboard Meetings 100.80 H.R. Meininger Co Invoice 11754 29.70 Daryl Tye Richardson Billing of 12/31/79 60.00 Glenwood Post Ads for December 21.00 IBM Office Products Lease agreement payment 243.60 Kier Laboratories, Inc Eagle County Coroner Account 40.00 Rocky Mountain News Ads Planner 23.80 Mountain Services Invoice 1087 15.00 Monroe, The Calculator Company Invoice N277792 285.84 Coca Cola Bottling Invoices 658, 730, 890, and 945 114.00 Claude L. Gerard Travel Expenses for December 320.28 Wear House Invoice 46 25.00 Doyle Allmon Fairboard Travle 77.00 Mary J. Merkling C.S.R. Reporters Transcript 37.50 Mountain Electric & Refrigeration Invoice 1277 99.50 Lindsay's Inc invoices 6189, 5889 and 5926 85.45 Fortunes Pizza Invoice 21 35.90 Hometown Supply Invoices 3381, 3424, and 3474 77.54 Williams Energy Eagle County Land Fill Dept 62.05 Proceedings of the Board of County Commissioners 7th day__ February-_ term 19__80 Max Billow Lucile Lieber Raymond the Printer Uarco Inc Equipment Guide- Book Co Kier Laboratories Roaring Fork Valley Journal First Bank of Eagle County Jack D'Orio Copy -Rite Paper Inc IBM Office Products U.P.L. Inc Pittsburg & Midway Coal Mining Co United State Postmaster Denver Post Paradise Kennels & Feed Company Steve Scott, Deputy Coroner Charles H. Martschinske John Wiley & Son Kaman Bearing & Supply Chen & Associates Dan Sparkman Doug Foster, Deputy Coroner Glenwood Medical Associates Beasleys Super Food Burk Land Surveying Company Judith Day The Mechanics City County Recruiter American Coal Sales Virginia Rose Olympic Sales Company News Office of the District Attorney Eagle Sanitation District Computer Election Systems Eagle County Trash Company Mid -American Research Chemical Allied Surgical Supply Eagle County Telephone Company Roaring Fork Valley Journal Charlette Pascuzzi Boise Cascade Bob Havener Rocky Mountain Natural Gas Vail 66 Service Dale F. Grant National Assn of Counties Michael E. Day First Bank of Eagle County Eagle Coutny Treasurer Eagle County Treasurer Club 20 Vail Village Travel Agency Cecilia Schmidt Mary C. Waringa First Bank of Eagle County Eagle County Treasurer Eagle County Treasurer Eagle County Treasurer Eagle County Treasurer Blue Cross Blue Sheild Rocky Mountain Life Insurance Adirondack Direct Janice M. Carney Gary P. Sheilds Stuart Satsky Ruth Shelton Starr Doll, Registar 3-M Business Products C.F. Hiedkel Blank Book & Litho Johnnette Phillips Uarco Inc Dale F. Grant Dan Williams Donna Meineke Steve Scott, Deputy Coroner Kier Laboratories Colorado West Information Service Valley View Hospital David E. Wagner Eagle Pharmacy Collett Enterprise Tuxall Uniform Company Eagle County Clerk and Recorder Beth A. Riggert Top Drawer Office Supplies American Legion Aux Unit 194 Office of the District Attorney Michael Kaher Colorado State University Judith Rude Colorado Assn of Fairs and Shows Jack D'Orio Mileage=Community Driver - - Mileage for Dec and Lunch for 3 persons Billing for 12/12 12/22 12/26 Invoice 539083 Invoice 37632 Invoice 33183 and 33226 Planning Dept Safe Deposit Box Rent Travel Expenses Invoice 1647 Auditron Key Invoice 07-15293 Invoice 4530 Box rent for lyr for Eagle Cemetary Ads December rental fee Mileage Prisoner Board fee(Lisa Hover) Invoice x09773 Invoice 551046 Invoice 578 -GS Mileage for December Inv. of Death Sheriff Dept December billing Statement of /1/7/80 Telephone Expense Invoices 1713 One year subscription Invoice 6414 Secretary Service and Mileage Invoice 41030 Ads and Public notices Payroll and Expenses Sewer Service Payment for Election Voting Machines Trash Service Invoice 9243 Eagle County Nursing Service December billing One year subscription for Planning Dept Reimburse for Postage Supplies Mileage for Fairboard Meeting Gas Invoice 27 Meal Expense Registration fees for 4 persons Wages for January plus 16.75 Annual pay Federal Taxes withheld State Taxes withheld FICA Taxes Dan Williams registration Invoice 0833 January wages January wages Federal Taxes withheld State taxes withheld FICA taxes FICA Taxes Retirement withheld Insurance Premium Insurance Premium Invoice 811736 Room rental for Appraiser Travel Expense Travel Expense Travel Expense Registar's Fees Supplies Payment on Statements Travel Expenses Invoice 583589 Travel Expense Travel Expense Travel Expense Invest of Death Ref. 33352 Billing for January Billing Lab -Raymond Wands Invest. of Death Invoice 7 and 42 Service Supplies fee for annual meeting Money advanced to Treasurer for postage Travel Expense Invoice G52068 Office rent Payroll and Expenses Travel Expenses Invoice D92333 Travel Expense 1980 Membership dues Travel Expense 45 19 42.56 180.28 349.37 43.06- 204.00 85.00 15.00 7.50 259.59 176.00- 32.65 23.98 252.23 5.00 64.76 180.00 55.60 260.00 27.41 32.91 330.00 133.40 25.00 26.10 483.29 45.00 2.55 268.82 16.00 318.40 74.36 260.40 55.70 5,891.58 165.00 15,000.00 35.40 61.72 92.32 3,257.19 10.00 .54 161.62 66.64 1,009.97 11.60 15.07 40.00 881.05 122.30 333.00 135.36 30.00 546.00 633.69 403.58 136.80 35.30 6,519.93 163.64 25.34 6,251.72 311.35 366.64 15.00 65.28 70.84 45.98 10.50 1,154:02; 3,204.91 106.86 1,324.36 149.52 164.74 93.62 25.00 40.00 295.20 70.00 30.00 51.67 3,899.53 880.99 2,374.45 19.16 3.40 150.00 5,891.58 77.50 12.75 18.70 25.00 329.04 458 Proceedings of the Board of County: Commissioners---J-th-day-Eebruary __ term 19--80- 19 Hugh Glassier Travel Expense $ 46.20 Club 20 Annual dues 1,000.00 National Assn. of Counties Annual dues 200.00 Eagle County Treasurer Interest on late FICA Filing 119.48 Holy Cross Electric Assn Electricity 57.29 Rocky Mountain Natural Gas Gas for Airport 75.61 Mountain Steel and Welding Invoice 9718 50.00 Jefferson Bank and Trust Lease payment 210.54 Road and Bridge Dept Payment for Animal Control for supplies 230.67 Mountain Bell Phone Service 302.27 Judy E. Day Reimbursement for Purchase for animal control 19.91 Eagle Animal Clinic T-61 for Animal Control 70.87 John E. Park Jr. 10 Vaccination certificates 70.00 Williams Energy Invoice 343119 206.50 Eagle County Clerk and Recorder Recording of Chattel and Title 3.50 Eagle County Trash Trash Service 46.75 Vail Valley Medical Office rent and xerox copies 515.10 Nettie Reynolds Travel Expense 29.14 Cecilia Schmidt Travle Expenses 16.00 Cela Waringa Travle Expenses 45.70 Patricia McCollum Travel Expenses 45.14 Virginia P. Holmes Travel Expenses q 26.26 Jane Merritt Travel Expenses 118.16 Hazel Higgins Travel Expenses 4.00 Margie Gates PHN Travel Expenses 274.26" Eagle County Nursing Service Reimburse Petty Cash 15.00 Kistler-Kwill Supplies 1,099.96 Commercial Office Products Supplies 26.64 Coca-Cola Bottling Co Invoice 173 36.00 Copy -Rite Paper Co Invoice D166O 28.00 Eagle Valley Telephone Telephone Service 3,415.91 Montrose Daily Press Ads 17.90 Raymond the Printer Payment for billing 773.10 Eagle Valley Enterprise Ads 231.23 Rose Capodieci Travel Expense 45.00 Glenwood Post Ads 59.55 Pitney Bowes Invoice 969515 82.50 Roaring Fork Journal Want ads 10.00 Vail Trail Ads 33.10 Eagle Electric Invoice 0008 883.62 Benedeck-Central, Inc Invoice 68043 65.10 Elbert Baldrey Travel Expenses 56.94 GEX Colorado, Inc Invoice 10201 164.70 Boise Cascade Supplies 67.67 Terrill Knight Travel Expenses 159.79 Thomas Boni Travel Expenses 53.46 James Williams Travel Expenses 61.40 Cramer's Invoice 131999 13.23 Fortunes Pizza Invoice 33 21.80 Business & Institutional Furniture Invoice 00170-0 52.14 Burk Lnad Surveying Company Plat Check 45.00 - Eagle Computer Service January Billing 6,906.46 Lester Douglas Travel Expenses 31.48 Gerry Best Travle Expense 72.41 Michael Whitaker Travel Expenses 115.25 Susan aughn Travel Expenses 115.05 Ed Hammer Electric Inspections 1,545.79 W.E.B.C.O. Publishing Subscription 15.00 The Broadmoor Lodging for Gerry Best -Energy meeting 80.11 Erik W. Edeen Travel Expenses 152.66 Printery at Vail, Ltd Invoice 91371 57.15 Johnson, Kunkel And Associates 1 set of 4 Eagle USGS Maps 9.00 Nancy C. Morgan Travel Expense 17.54 Jo Ann Deeghan Travel and Misc 28.37 ERik W. Edeen Travel and Misc. 45.91 Vince Hooper Travle Expenses 92.00 Lynde 0. Gilliam Open Space Consultant Fees 510.00 D.E. Towing Inc Work Order 5127 45.00 Basalt 66 Service Invoice 1081 47.50 Glenwood Toilet Rentals Wolcott Dump 115.00 Holland Auto Parts Invoice D1993O and D23262 115.09 Wagner Equipment Company Supplies 1,601.44 Lucile Lieber Coordinator fee, Travel 244.86 Gladys Nunn Community Driver fees 8.96 Pearl A. Henderson Community Driver fees 79.76 Eagle County Nursing Service Reimbursement Petty Cash -Eagle 26.05 TOTAL-------------------------------------------------------------------------------------------- $220,570.88 ROAD AND BRIDGE FUND Road and Bridge Payroll $ 31,113.80 Russell. D. Carter December Overtime 3.89 Ernest L. Cook December Overtime 37.93 Francis D. Daugherty December Overtime 54.50 James E. Donough December Overtime 37.92 Vincent M. Eichler December Overtime 25,97 John D. Gatchell December Overtime 56.87 Robert Heron December Overtime 9.67 Brad Higgins December Overtime 33.92 Jack Hill December Overtime 46.17 Glen Kittle December Overtime 70.71 Donald Mathews December Overtime 16.88 Mae McCoy December Overtime 61.20 Proceedings of the Board of County Commissioners 7th day February term 19 8o 19 - TOTAL--------------------------------------------------------------------------------------------- $205,892.87 LIBRARY FUND Library Fund Dean Railsback December Overtime $ 15.38 Invoice P22025 Timothy A. Tunnell December Overtime 44.64 19.67 David E Vroman December Overtime 15.39 Blue Cross Blue Sheild Ernest S. Walcher December Overtime 29.75 Life Insurance Premium Robert Williams December Overtime 61.51 1.98 Mountain States Ford Truck Sales Invoice 7578 20',555.00 Grolier Educational Corp First Bank of Eagle County Federal Taxes withheld from overtime Dec. 135.30 Books Eagle County Treasurer State taxes withheld 32.61 299.25 Eagle County Treasurer FICA taxes withheld 103.16 Doubleday-& Company Johnson, Kunkel and Associates Topographical Mapping of Lake Creek Road 5,113.59 1 copy of Smith Experiance plus del and hdlg Rocky Mountain Natural Gas Gas 639.76 5.00 Jefferson Bank and Trust Lease Payment 2,304.10 Political Research Inc Glen Schmidt Payment for balance on 2,000 tons of gravel 726.63 Invoice 021580-11 Eagle Valley Telephone Co Telephone billing 146.90 Lawson Products Invoice 1938070 1,168.05 Fleet Service Invoices F19899, 19900, G1280 624.68 Big "R" Manufacturing & Dist Invoices 31626 and 31293 10,836.22 Williams Energy Company Invoice 611450 12.87 Supplies Unlimited Invoices.11115, 11457, 11474 241.60 Douglas Pilcher Travel Expense 12.05 A.T.O. American Invoices 161246 and 161565 234.70 Holland Auto Parts Supplies 2,430.84 Yampa Valley Electric Assn Statement of billing 27.74 Basalt Sanitation District Sewer Service 45.00 Town of Basalt. Water Service 60.75 Eagle Sanitation District Sewer Service 15.00 Boise Cascade Supplies 567.86 Williams Energy Company Invoice 857101 20.11 Kister-Kwill Invoice 447974 5.44 Eagle Valley Enterprise Invoice of December 7, 1979 5.50 Eagle County Treasurer FICA taxes withheld 1,907:25 Blue Cross Blue Sheild Insurance Premium 1,778.61 Rocky Mountain Life Insurance Life Insurance Premium 99113 Dan Williams Travel Expense 16.98 Commercial Office Products Invoice 11675980 -IE 1.78 Top Enterprises Invoice 69571 6,300.88 Boise Cascade Supplies 18:57 Rocky Mountain Natural Gas Billing 24.72 Douglas Pilcher Travel Expense 33.50 Dick Wheeler Inc Lease Payment 204.77 Yampa Valley Electric Association Service 161.80 Douglas Pilcher Travel Expense 30.20 Mountain Bell Telephone Service at Basalt 31.97 Country Boise Cascade Invoices 24539 and 24500 63.99 H.R. Services Invoice 13683 12.00 Kistler-Kwill Invoice 452484 44.36 IBM Office Supplies Invoice HF95915 864.00 A.T.D. American Company Invoices 162040 and 162133 116.90 Eagle Electric Upgrade of electrical service at County shop 4,545.00 Kline Construction Concrete Installation 18,000.00 Jefferson Bank and Trust Loan Payment 1,988.10 Collett -Enterprise Service 14,659.53 Venta, Inc Invoice 042520 952.20 Eagle Auto Parts Invoice 4493 & 4570 23.17 Valley Gas & Welding Supply Invoices 15200 and Rental of tanks 52.97 Public Service of Colorado Service 15.10 W.W. Grainger - v. Invoi.oess.216-283097 and 216-28.1320 49.72 Dick Wheeler, Inc Security deposit for lease 200.00 Big "R" Manufacturing and Dist. Invoices 31899 and 31375 2,967.40 Wagner Equipment Company Supplies 2,656.83 Shavano Oil Company Invoice 12435 1,033.00 Western States Industries Invoice 80118 336.00 Case Power & Equipment Invoices 00292 and 00314 66,213.68 MacDonald Equipment Company Invoices A 33484 and A 33421 438.16 Mountain States Ford Truck Sales Invoices 200913 and 36968 99.27 ` Holland Auto Parts Supplies 1,493.78 Max McCoy Reimbursment forrpurchase of building supplies 442.71 Ernest Cock Travel Expenses 76.12 K.F. Arnold Travel Expenses 21.68 Francis D. Daugherty Travel Expenses 52.52 Max McCoy Travel Expenses 58.08 Power Motive Invoice C00855 4.,88 TOTAL--------------------------------------------------------------------------------------------- $205,892.87 LIBRARY FUND Library Fund Payroll $ 6,419.77 Brodart, Inc Invoice P22025 96.14 Cromars Phot & Sound Invoice 131158 19.67 Eagle Sanitation District Sewer Service 15.00 Blue Cross Blue Sheild Insurance Premium 361.56 Rocky Mountain Life Insurance Life Insurance Premium 18.60 Eagle Pharmacy Invoice 17 1.98 Main Line Book Company Invoices 63718, 64546, 65015 1,835:32 Grolier Educational Corp Invoices AX79-7433 & AX79-10518 578.00 Associated Libraries Books 2,238.05 Three Rivers Library System Invoice dated January 21,1980 299.25 East-West Learning Corp Invoice EW -16291 213.62 Doubleday-& Company Invoices J54347 and J50451,J54851 385.08 Smithsonian Expositian Books 1 copy of Smith Experiance plus del and hdlg 16.76 Rocky Mountain Magazine Subscription 5.00 Prentice -Hall, Inc Supplies 50.14 Political Research Inc Invoice 0645582 225.00 Wall Street Journal Invoice 021580-11 55.00 460 Proceedings of the Board of County Commissioners —__7th day_Februarv_ Garland Publishing Inc Gordon's Books Inc Jende-Hagen Co Eagle County Public Library American Econo-Clad Services Baker & Taylor Thomas Bouregy & CO Dimondstein Book Express Denver Public Library Mountain Bell Minturn Branch Library Mountain Plains Bookbinding Invoice 5-094-688 Invoice 152399 Invoice 3190 Reimburse Petty Cash Invoices 147291 & 148674 Invoices M19°=6426, M28-6304, Invoice 6425 Invoice 011553890 term 19 8o A06-6113 Invoices G95,96,E67,68,69, E80, 81 Telephone Reimburse petty cash Invoice 07127 19 15.00 112.17 4.12 18.06 168.78 117.63 17.75 20.71 31.75 15.79 5.14 32.00 TOTAL---------------------------------------------------------------------------------------------- $ 13,392. Proceedings of the Board of County Commissioners 11th day February _term 19_60 461 19 Minutes Approved Commissioner Troxel moved to approve the minutes of December 21, 26, January 7, 14 with minor correction! 11 Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Zs -109-80 Request: Special Use Permit to allow construction of a 230,000/345,000 volt electrid transmission line Public Service Location: From Basalt to an area near Meredith, generally along an existing right-of-way through the Co./Colorado Frying Pan River Valley Ute Electric Fred Witsell, Attorney for Public Service Company, representing applicant, stated this is an application for a Special Use Permit under the regulations of Eagle County. The proposal is for transmission line construction of a power line. Dave Howard, Supervisor of Land Use for Public Service Company, stated they are seeking a SUP to upgrade a 115 volt line to a 230 volt line which will be erected to safety standards. He pointed out the location on the plat stating it was near the east end of the Basalt sub station. Kirk Douglas, Land Use Planner for Public Service, pointed out the lines on the plat and discussed the approved electric transmission line proposal and prior proposals. He advised the Board all concerned individuals in the area had been contacted by phone, letter, or in person. Mr. Douglas discussed the Health effects of a power line and studies that had been done. He advised the Board the number of private property owners and the number of miles involved. He discussed the structure to be used and presented photos to show the structure. Vic Wires, U.S. Forest Service, stated that to date there is no new data to warrant changing the proposal. On February 6, 1980 Pat Doby, Pitkin County Engineer; Mark Fuller, Pitkin County Planner; and Himself=;- were requested to appear before KSNO Radio Station in Aspen to recieve public response. After their presentation no calls were received at the radio station. Ed Grange, General Manager of Holy Cross Electric, stated by being the distributor of power that is transmitted over Public Service and Colorado Ute lines makes them directly interested in the project. Mr. Grange discussed the new customers in the area, the power lines, and the outages. Holy Cross concerns are the capacity and reliability. The following were entered into the record as exhibits: Exhibit #1 Map, by the proponent, representing the alternative location in the Cap -K Ranch #2 Map of alternative location in Seven Castles area #3 General map of location from Basalt to Malta #4 Electrical diagram presented by Mr. Coolmier #5&6 Power pole structure #7 Diagram of Holy Cross power useage area #8 Alternative analysis #9&10 Photos of examples of line structure #11 Letter from Thomas Evans, Forest Service Supervisor for White River National Forest #12 Letter from Pitkin County Board of County Commissioners signed by Chairman Joseph Edwards #13 Letter from William Crank, Basalt Town Manager #14 Letter from John Lackney, Landscape Architect in Carbondale #15 Letter from Nancy Werthiemer to Jack Alice - opposed #16 Letter from Steve Customborder - opposed #17 Letter from Kenneth Cutt - opposed #18 Letter from Robert McAdams, Dean at Division of Social Sciences at the University of Chicago - opposed #19 Letter from Karen Batista - opposed #20 'Letter from Jeffrey Jacobson - opposed #21 Letter from Molly Forow'- opposed, #22 Letter from Ribert J. Free - opposed #23 Letter from Benjamin and Susan Foster - opposed #24 Memorandum from Pat Doby - opposed #25 Letter from Pat Doby to County Commissioners - opposed #26 Memorandum of conversation of Howard Barnes from Pat Doby #27 Letter from Jill Free - opposed #28 Saturday Review Magazine article entitled "The Invisible Threat" #29 Photo submitted by Dieter Sander at Planning Commission meeting #30 Letter from Priscilla Merrick - opposed #31 Letter from Sandra Gardner - opposed #32 Letter from Caroline Southwell — opposed #33 Letter from William D. Holly M.D. - opposed #34 Letter from Belinda Mathers - opposed #35 Letter from D.J. Roundsfell - opposed #36 Pages of petition opposing construction of the transmission line #37 Letter from Barbara Johnston - opposed #38 Telegram from John Denver - opposed #39 Letter from Mr. & Mrs. C.H. Bowman - in favor #40 Second letter from C.H. Bowman - in favor #41 Letter from Virginia Hinderlighter - in favor #42 Letter from Mr. Nolan Nichols - in favor #43 Copy of various maps that show different alternatives #44 Letter from Ruth Adams, Editor of Bulletin of Atomic Science #45 Population study completed by the Staff Susan Vaughn, Planner, stated the Staff had evaluated the alternatives of Gypsum Creek, Frying Pan and Wolcott through Minturn. The Staff has reviewed the application and finds it is complete and addressed the enviromental concerns required. The Staff recommends approval of the alternative line going through Frying Pan, Seven Castles, and Cap -K Ranch. They believe Eagle County must be a part of helping their neighbors to supply adequate power. It is an upgrading and modernization of an existing line. The Forest Service recommends the Frying Pan alternative as they believe the other routes do not supply the power the County needs. They recommend approval as presented. The Planning Commission recommends approval of this alternative with the stipulation the County Commissioners identify an agency to monitor the project as done with the Colorado Ute line. Howard Phillips, Supervisor for Public Service, explained the line voltage and population of the area where the line will be. Ashley Anderson, Attorney in Aspen and member of an association called STOP (Stop the Overhead Powerline) li SPECIAL MEETING Present: Dale Grant Chairman George Rosenberg Attorney Keith Troxel Commissioner Susan Vaughn Planner Dan Williams Commissioner Mick Kasher Administrator Tom Boni. Assistant Planning Director Johnnette Phillips Clerk to the Board This being the day set aside for Planning matters to be heard by the Board of County Commissioners the following items were presented: 461 19 Minutes Approved Commissioner Troxel moved to approve the minutes of December 21, 26, January 7, 14 with minor correction! 11 Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Zs -109-80 Request: Special Use Permit to allow construction of a 230,000/345,000 volt electrid transmission line Public Service Location: From Basalt to an area near Meredith, generally along an existing right-of-way through the Co./Colorado Frying Pan River Valley Ute Electric Fred Witsell, Attorney for Public Service Company, representing applicant, stated this is an application for a Special Use Permit under the regulations of Eagle County. The proposal is for transmission line construction of a power line. Dave Howard, Supervisor of Land Use for Public Service Company, stated they are seeking a SUP to upgrade a 115 volt line to a 230 volt line which will be erected to safety standards. He pointed out the location on the plat stating it was near the east end of the Basalt sub station. Kirk Douglas, Land Use Planner for Public Service, pointed out the lines on the plat and discussed the approved electric transmission line proposal and prior proposals. He advised the Board all concerned individuals in the area had been contacted by phone, letter, or in person. Mr. Douglas discussed the Health effects of a power line and studies that had been done. He advised the Board the number of private property owners and the number of miles involved. He discussed the structure to be used and presented photos to show the structure. Vic Wires, U.S. Forest Service, stated that to date there is no new data to warrant changing the proposal. On February 6, 1980 Pat Doby, Pitkin County Engineer; Mark Fuller, Pitkin County Planner; and Himself=;- were requested to appear before KSNO Radio Station in Aspen to recieve public response. After their presentation no calls were received at the radio station. Ed Grange, General Manager of Holy Cross Electric, stated by being the distributor of power that is transmitted over Public Service and Colorado Ute lines makes them directly interested in the project. Mr. Grange discussed the new customers in the area, the power lines, and the outages. Holy Cross concerns are the capacity and reliability. The following were entered into the record as exhibits: Exhibit #1 Map, by the proponent, representing the alternative location in the Cap -K Ranch #2 Map of alternative location in Seven Castles area #3 General map of location from Basalt to Malta #4 Electrical diagram presented by Mr. Coolmier #5&6 Power pole structure #7 Diagram of Holy Cross power useage area #8 Alternative analysis #9&10 Photos of examples of line structure #11 Letter from Thomas Evans, Forest Service Supervisor for White River National Forest #12 Letter from Pitkin County Board of County Commissioners signed by Chairman Joseph Edwards #13 Letter from William Crank, Basalt Town Manager #14 Letter from John Lackney, Landscape Architect in Carbondale #15 Letter from Nancy Werthiemer to Jack Alice - opposed #16 Letter from Steve Customborder - opposed #17 Letter from Kenneth Cutt - opposed #18 Letter from Robert McAdams, Dean at Division of Social Sciences at the University of Chicago - opposed #19 Letter from Karen Batista - opposed #20 'Letter from Jeffrey Jacobson - opposed #21 Letter from Molly Forow'- opposed, #22 Letter from Ribert J. Free - opposed #23 Letter from Benjamin and Susan Foster - opposed #24 Memorandum from Pat Doby - opposed #25 Letter from Pat Doby to County Commissioners - opposed #26 Memorandum of conversation of Howard Barnes from Pat Doby #27 Letter from Jill Free - opposed #28 Saturday Review Magazine article entitled "The Invisible Threat" #29 Photo submitted by Dieter Sander at Planning Commission meeting #30 Letter from Priscilla Merrick - opposed #31 Letter from Sandra Gardner - opposed #32 Letter from Caroline Southwell — opposed #33 Letter from William D. Holly M.D. - opposed #34 Letter from Belinda Mathers - opposed #35 Letter from D.J. Roundsfell - opposed #36 Pages of petition opposing construction of the transmission line #37 Letter from Barbara Johnston - opposed #38 Telegram from John Denver - opposed #39 Letter from Mr. & Mrs. C.H. Bowman - in favor #40 Second letter from C.H. Bowman - in favor #41 Letter from Virginia Hinderlighter - in favor #42 Letter from Mr. Nolan Nichols - in favor #43 Copy of various maps that show different alternatives #44 Letter from Ruth Adams, Editor of Bulletin of Atomic Science #45 Population study completed by the Staff Susan Vaughn, Planner, stated the Staff had evaluated the alternatives of Gypsum Creek, Frying Pan and Wolcott through Minturn. The Staff has reviewed the application and finds it is complete and addressed the enviromental concerns required. The Staff recommends approval of the alternative line going through Frying Pan, Seven Castles, and Cap -K Ranch. They believe Eagle County must be a part of helping their neighbors to supply adequate power. It is an upgrading and modernization of an existing line. The Forest Service recommends the Frying Pan alternative as they believe the other routes do not supply the power the County needs. They recommend approval as presented. The Planning Commission recommends approval of this alternative with the stipulation the County Commissioners identify an agency to monitor the project as done with the Colorado Ute line. Howard Phillips, Supervisor for Public Service, explained the line voltage and population of the area where the line will be. Ashley Anderson, Attorney in Aspen and member of an association called STOP (Stop the Overhead Powerline) li 462 Proceedings of the Board of County Commissioners 11th day Februarv_.___term 19 80 _ _ 19 stated they are not against overhead powerlines or power of public service. They are against the power line in the Frying Pan area. He questioned how the Frying Pan alternative was reached. Mr. Anderson stated the Forest Service does not like the topography with the line in Gypsum Creek. The health issue is not a Forest Service problem in regards to their studies. Dr. Dennis Creager, Doctor of Natural Medicine in Carbondale, stated he is no expert on high voltages, he has just gathered conclusions from the literature presented. Dr. Creager gave examples of safety factors caused by a high power electric transmission line. After hearing the research presented he feels there is a definite risk of exposure and the length of exposure to health. Dr. Creager advised the Board that approximately 800 feet from the center line would be the safe dis- tance from a 345 KV line. The information and studies done by Dr. Creager were presented as Exhibit #46. Jack Alpi presented an opinion from Dr. Nancy Wertheimer which stated these lines could propose a cancer risk. Max Everly stated they have received a good documentation from the EPRI (Electric Power Research Institute) which was created by the power industry. They have selected a number of medical reports with the final report giving the names of Doctors who introduced them and the results of the studies. The report concluded there are health dangers with transmission lines and an alternative line is needed. Mick Kasher, Administrator, stated that in a telephone conversation with Dr. Marino, concerning power lines, Dr. Marino stated just as many health hazards exist in all power lines from 110 KV as 765 KV. The safe distances from a 345 KV line are 250 to 300 feet. Ashley Anderson stated he does not think Public Service has met the safety regulations. Bruce Gabo, Frying Pan property owner, discussed the scenic beauty of the powerlines. He stated most studies are done in the summer and he is concerned about noise pollution and scars created by construction. Mr. Gabo discussed the possibility of the wildlife in the area being affected. He feels the study is not complete and it is an obligation to the constituents to get complete studies. Ruth Adams requested to make a general comment about the citizens right to participate in decision . making. One area in which this process is being abused is that citizens are volunteers and they do not have the time or expertise to put into a study. The Commissioners can request additional study or a special grant of money for a more in-depth study. She feels it is hard to accept study when there are no names listed of the people who did the studies. Ms.Adams concluded by summarizing the questions involved: 1. Risks involved with radioactivity 2.. How to make a risk assessment Her final question was directed against the utility company 3. What information they used for the energy forecast for the next 20 years. Murray Pope read a statement from the Roaring Fork group of the Sierra Club which constitutes sufficient denial of the application. Dan Goodier pointed out contridicting and inconsistant statements made on this issue. He stated there was a credibility conflict as the Commissioners had turned down the Public Service application on Oct 24 to find alternative routes. Two meetings were held on October 31 and November 5 but no alternatives were discussed. Mr. Anderson presented petitions containing 807 signatures in opposition. The Basalt Chamber of Commerc was opposed also. Dieter Sander, resident of Frying Pan Valley, stated the vast majority of people in the area are against the line. After reading the material presented Mr. Sander concluded this proposal has more to do with the National energy situation than the needs of the Frying Pan area. Mr. Sander feels the Planning Commission's recommendation of approval may be illegal because all the information was not available at that time. Another concern of his about the Planning Commission recommendation is that in the final Enviromental Impact Statement there is a letter wherin the EPA suggested a public workshop be set to work out the problems. The Planning Commission was not aware of this at the time. In his opinion Basalt and Roaring Fork can do with out this line because the purpose of the line is to supply power outside of Eagle County and Colorado. He questioned why it was built to such capacity. Mr. Sander is concerned about the value of his own property if the line is built and questioned if the value goes down, will the taxes be reduced. He discussed the Frying Pan Road with $50,000,000 of construction on it. Ms. Vaughn entered the petitions presented by Mr. Anderson as Exhibit # 47, the two volumes from the EPRI as Exhibit #48, and a copy of Murray Cope's statement as Exhibit #48. Slides of the scenic views of the area in question were shown. Sandra Gardner stated metal has a lot to do with reception of a power line such as fillings in your teeth. Also mowing your lawn, when it is damp, can be a hazard under power lines. Connie Harvey, Aspen Wilderness Workshop, presented her statement as Exhibit #50. She stated she would like to see what the power line would look like in the landscape. She is concerned that she has not seen any comments from the Division of Wildlife. Ms. Harvey stated she had spoken to the Pitkin County officials who indicated they needed more time and would like to work with the County Commissioners to the this right. Carol Southwell advised the Board there are several people present who are not making comments because they do not want to repeat themselves but they feel very strongly this line should be built away from the population. Fred Witsell stated the continued theme throughout the testimony has been a desire for more study. He requested the Board keep in mind this project has been in the planning stage since 1972. In their opinion-the.studies.are complete. r Mr. Witsell entered a document on the health issue as Exhibit #51. Mr. Douglas explained the document which included approximately seven or eight studies of different types stating there were no health changes to the men tested. The National Academy, of Science reported there were no adverse health effects from transmission lines. The World Health Orginization issued a paper stating there are no health hazards in the range proposed. At this time the Board waived further testimony from the floor. Commissioners Williams questioned the applicant if there was any precendent whereby a permit of this nature was denied for health reasons. The applicant responded -negative. Commissioner Troxel questioned the applicant if the Forest Service requested at any time to give alternatives away from population centers. Commissioner Williams questioned if the people would be satisfied with the existing line if this proposal was denied. Chairman Grant stated the Board had met with the Forest Service on three occasions and Tom Evans discussed the routes. The Board would not consider a route through a high density area. The Board tried to get an understanding of everyones concerns and the political side of the issue. Chairman Grant stated he had been to a meeting where the Consultant to President Carter on Engineering and the Alaskan officials were present. Chairman Grant stated he has an understanding of what is needed in our country and feels the power line is a minor problem. Proceedings of the Board of County Commissioners 11th day February term 19_Bo_ 463 19—_ Zs -113-79 Commissioner Williams stated he does not feel a study of visual impact is necessary. It appears people Vail Zone- are saying they would rather have low voltage through their land than a high vol'tage-line off" their..droperty. Change Location: Immediately west of Vail Ridge Subdivision and north of I-70, Lots 16, 19, and 21, Nw`, of Sec'14 He does not feel there is any conclusive evidence°at this time that there is any detriment in regards T5S, R81W to health. He would not make a motion at this time. to Residential Suburban Medium located in :the west Vail area. Commissioner Troxel believes alternatives have not been explored and does not want a high voTtage-,line Commissioner Williams requested the record reflect John Kidna, applicant, had been at his home through a highly poulated area. committments. Commissioner Troxel moved Zs -109-80 be denied because of the section in the Zoning Resolution which Commissioner Troxel advised he had lunched with the applicant. reads "County Commissioners may deny any request for Special Use based on the lack of physical seperation comments received were; the density was too high and that Planned Unit Developments were not looked on in in terms of distance from similar uses on the same or other lots the impact on traffic volume and safety.or favor by the County Commissioners. on utilities or any impact of the Special Use which it deems injurious to the established character of consisting of nine single units and 51 townhouses in a cluster approach with amenities in front. the neighborhood or zone district in which such Special Use is proposed to be located." ' Commissioner Williams would not second the motion because if the application was denied the Board would agreement being drafted for signatures contingent upon the Board's approval of the project. have to take the obligation to identify a proper corridor. He feels the Board has an obligation as The Planning Commission had suggested leaving some viable open space. custodians of Land Use Planning in the County to accomodate certain things such as roads and powerlines. Hans Seebacher, partner in the project, presented a petition with 20 signatures approving the development. Discussion followed on the motion. Commissioner Troxel questioned what the wording on -,the head of the petition stated. Chairman Grant stated he has a difference of opinion on the easement because he has always honored T signed being residents and property owners in West Vail have no objections to the property known as Westwood time -old easements. The only reason he has for wanting to table this application is to go over the Lot 16, 19, and 21 located in NW, of Section 14 T5S, R81W of the 6th P.M. Eagle County Colorado being information from the Enviromental Impact Statement which has only been available for a short time. Susan Vaughn stated a slope analysis to determine how many units would be acceptable is needed. Commissioner Troxel withdrew his motion,at this time. Mr. Kidna advised a complete slope analysis had been done. 123 units had been determined under the Commissioner Williams felt there were two things that could be done. The first being to table the Commissioner Williams questioned if the applicant could testify to the fact that they could provide application for re-examination and then make a decision or to deny the application accompanied with access to this property in the nature of densities in the zoning resolution they are requesting. something to identify the basic framework of the legality of the motion. not suitable for high density and the request is inconsistant with the town master plan. Commissioner Troxel requested an executive meeting to confer with the attorney to get the motion The Staff recommended denial of the project because the County master plan suggests that density shall technically and legally correct. The Staff believes the layout of the slopes is not appropriate for this high density. In addition, the When the Board returned from executive session Commissioner Troxel moved Zs -109-80 be continued 45 days Staff believes legal and physical access is a problem. Ms. Vaughn pointed out the area in question. until March 18, 1980 at 9:00 A.M.. New items have been added to the 51 exhibits and the Board has not Tom of Vail requested denial. reviewed these sufficiently to give a decision at this time. The Staff feels development should not be approved for variances along the road. If roads cannot be con- Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. The applicant advised that -,the Planning Commission had sent'a letter to him recommending denial conditiona The Board advised Mr. Anderson if any meet ingsoare to be held with the Public Service or the Forest - Service he will be notified. Zs -105-79 2. Cluster units on buildable area Request: Special Use Permit to allow seasonal campers (tabled from December 10 meeting) B &'B Location: NE% SE', NW; of Section 5, T5S, R82W of the 6th P.M. Excavating Susan Vaughn, Planner, stated the next item was a request for a Special Use Permit for, seasonal campers at B&B gravel pit. She pointed out the location on the plat stating there is an existing gravel permit which has a Special Use Permit. Ms. Vaughn advised that on December 10, 1979 the Board approved a Special Use Permit for a night watchmans trailor conditional upon the following: 1. Adequate water and sanitation be provided 2. Revegitation plan for the site be submitted 3. Bond be submitted to insure the reclamation will be completed. The Board had tabled this item for the seasonal campers. There has been no additional information submitted. Ms. Vaughn stated there is a technical problem, as it was tabled until February 12 but this is a holiday. Commissioner Troxel moved Zs -105-79 be continued until February 27, 1980 as the applicant was not February 12 was a holiday. (aware Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Zs -113-79 Westwood at Vail Zone- Request: Zone change for 47.71 acres from Resource to Residential Suburban Change Location: Immediately west of Vail Ridge Subdivision and north of I-70, Lots 16, 19, and 21, Nw`, of Sec'14 T5S, R81W Susan Vaughn, Planner, stated the next item was a request for a zone change of 47 acres from Resource to Residential Suburban Medium located in :the west Vail area. Commissioner Williams requested the record reflect John Kidna, applicant, had been at his home previously, to show him the map, .in the presence of Byron Brown and Dick Hughes at which time he made no committments. Commissioner Troxel advised he had lunched with the applicant. John Kidna stated he had previously presented a PUD including 120 units based on zoning. The comments received were; the density was too high and that Planned Unit Developments were not looked on in favor by the County Commissioners. Mr.. Kidna stated they have done extension work on the road layout and are now proposing 60 total units consisting of nine single units and 51 townhouses in a cluster approach with amenities in front. Discussion on the amenities followed. Mr. Kidna stated they are negotiating with West Vail Water and Sanitation District. There is an agreement being drafted for signatures contingent upon the Board's approval of the project. The Planning Commission had suggested leaving some viable open space. Mr. Kidna presented pictures of the proposed bridge and townhouses. Hans Seebacher, partner in the project, presented a petition with 20 signatures approving the development. Commissioner Troxel questioned what the wording on -,the head of the petition stated. Terrill Knight, Planning Director, advised the petition read, "Westwood Zoning Change: We the under- signed being residents and property owners in West Vail have no objections to the property known as Westwood Lot 16, 19, and 21 located in NW, of Section 14 T5S, R81W of the 6th P.M. Eagle County Colorado being rezoned Residential Suburban Medium Density commensurate with the zoning and density of Vail Ridge Subdivision' Susan Vaughn stated a slope analysis to determine how many units would be acceptable is needed. - Mr. Kidna advised a complete slope analysis had been done. 123 units had been determined under the zoning regulations. Commissioner Williams questioned if the applicant could testify to the fact that they could provide access to this property in the nature of densities in the zoning resolution they are requesting. Susan Vaughn stated the Planning Commission recommended denial of this zone change because the land is not suitable for high density and the request is inconsistant with the town master plan. The Staff recommended denial of the project because the County master plan suggests that density shall be at areas where density already is, but also on areas that possess a suitable topographical configuration. The Staff believes the layout of the slopes is not appropriate for this high density. In addition, the Staff believes legal and physical access is a problem. Ms. Vaughn pointed out the area in question. Ms. Vaughn read a letter from the Town of Vail opposing the rezoning and resubdivision request. The Tom of Vail requested denial. The Staff feels development should not be approved for variances along the road. If roads cannot be con- structed without variances the development should'be denied. The applicant advised that -,the Planning Commission had sent'a letter to him recommending denial conditiona ' upon: 1. Density be reduced 2. Cluster units on buildable area 3. Provide useable open space 464 Proceedings of the Board of County Commissioners 11th day February __term 19 80 - __19___ 4. Adress drainage impacts Jim Reiben, representing the Town of Vail, stated he had never seen the map. He questioned whether it should be before the Board before going to the Planning Commission. Tom Boni, Assistant Planning Director, advised that the Planning Commission recommended denial of the sketch plan, however, they did list some concerns they had with exceptions. If the applicant submitted a revised plan he would have some indication of the items the Planning Commission were concerned with. Mr. Boni stated he' had not seen this plan prior to this meeting and is not sure all problems have been mitigated. Ms. Vaughn stated the site plans submitted with the zoning request are merely an indication and not a definite proposal that is before the Board. Mr. Reuben stated he understood there was a trade of land because of development costs and practicality of development in that area. The Town of Vail feels there has been no justification given for considering anything besides Resource. Dennis Walcher questioned the number of cars that would be adding to the impact. Bill Wilto, Vail Town Council, stated this subdivision is inappropriate because of upzoning. Rosey Wilts, West Vail resident, stated when the developers bought the land they knew the permitted density. She does not understand increasing the allowable density. Susan Boyd feels it is too high of density. Mike Phillips stated the road will not tolerate more traffic than it has now. Karen Shedager stated this land is not appropriate for this proposal. Byron Brown discussed the water system and the economics involved. He stated the water system is adequate to supply the water needed. Commissioner Troxel was concerned that having a zoning change to the requested density the property could be sold, at a later date, as Residential Suburban which makes it elligable for 123 units. He also stated access in the winter would be unsafe. Commissioner Troxel moved Zc-113-79 be denied as it is inappropriate at this time to zone to a higher degree. The applicant does not possess proof of his testimony for access. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: Review of sketch plan for 73 units Location: Immediately west of Vail Ridge Subdivision and north of I-70, Lots 16, 19, & 21, NW; of Sec 14 T5S, R81W Commissioner Williams moved the Board take no action on the sketch plan. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Zone change for .3866 acres from Resource to Commercial General Location: Northeast corner of intersection of U.S. Highway 6 and Avon Blvd. in the NW', SE'„ Section 12 T5S, R82W Susan Vaughn, Planner, stated the next item was a request for a zone change for .3866 acre from Resource to Commercial General. Ms. Vaughn pointed out the location as having 17,000 square feet. Ms. Vaughn stated the Staff recommended denial of the request. A set back from the creek of 30 feet, 75 feet from the rear property line, and 50 feet from the front, leaves a very small building envelope. The Staff believes it is inappropriate to rezone a property and thereby create an automatic variance situation. Commercial General is too high use for this property. Commissioner Williams moved Zc-117-79 be denied on the grounds that Commercial General zone would be inappropriate for that particular area. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Zone change for 23.06 acres from Resource to Residential Suburban Low Density Location: North of "The Valley" proposed subdivision, west of Lion's Ridge #1 in lots 20 and 21, Sec 1, T5S, R81W Susan Vaughn, Planner, introduced the next item as a zone change request for 3.06 acres from Resource to Residential Suburban Low Density. Jeff Selby, applicant, appeared and explained the rezoning request. Ron Todd located the property on the plat and advised the Board where the developable land and density would be. Allen Gerstenberger answered questions as to how he had calculated the net developable acres. Mr. Selby explained the design criteria of the road. Mr. Gerstenberger discussed the impact report hd had prepared. Mr. Selby gave his final comments and explained his reasons for feeling rezoning was appropriate. Ms. Vaughn entered into the record, the followinq exhibits: Exhibit # 1 Letter from James.LaMont,;.?,. ... . # 2 Letter from Rod Slifer, Mayor of Vail - opposed # 3 Letter from Richard Capland, Vail Town Manager - opposed # 4 Letter from Charles Rosenquist - in favor # 5 Letter from Richard Brown -in favor # 6 Letter from Peter Calkus, Lamar Properties, - in favor # 7 Letter from William Miller, Valley Condo Assn. - in favor # 8 Letter from Richard M. Topo - in favor # 9 Letter from J.P. Eddington, Repa Corp.- in favor #10 Letter from J.P. Eddington on behalf of himself - in favor #11 Letter from William Miller - in favor #12 Letter from David Terrill - in favor #13 Letter from Derik Moug - in favor #14 Letter from Dwaine Karling - in favor #15 Letter from Richard Tofee -in favor #16 Letter from Ronald Reynolds - in favor #17 Letter from Dwaine Karling & Thomas McKee - in favor #18 Letter from Payno Ceaser - in favor #19 Letter from owner of one of Telemark Townhouses - in favor #20 Letter from David Green - in favor #21 Letter from Sharon Green - in favor #22 Letter from Richard Gustovson, West Vail property Owners Assn. - in favor #23 Letter from Thomas McKee - in favor Ms. Vaughn stated the Staff recommends approval of this RSO zone. The Staff believes the configuration of this property, access from Buffer Creek Road, location in the middle of the Valley, and the proposal of 18 single family developments would show this project would not have a significant impact on the roads or utilities. Planning Commission recommended approval of this application. Bill Wilto stated opposition with the restrictions as suggested but stated the applicant has followed a good planning process. Commissioner Williams moved Zc-118-80 be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Su -128-79-S Westwood at Vail Sketch Plan Zc-117-79 W.M.C.O. Rentals Zc-118-80 Jeff Selby Zone Change 1 Proceedings of the Board of County Commissioners lith day February term 19_80 '6 19— Su-122-79-S Request: Sketch plan review for 15 lots Selby Sketch Location: North of !The Valley" proposed subdivision, west of Lion's Ridge #1 in lots 20 & 21 Sec 1 T5S, R81V Plan Tom Boni, Assistant Planning Director, presented the Jeff Selby sketch and pointed out the location on the plat. Mr. Boni discussed the problem with the road and the access. Mel Atwell, County Engineer, discussed his problems with the roads concerning site, width, and right-of-way. After reviewing the sketch plan the Board had the following comments: 1. Roads shall follow minimum County standards 2. Applicant should work with the Staff on the upper lots 3. Applicant needs to address off-site impacts to roads. Commissioner Williams moved to sign the Resolution vacating a portion of the northerly line of Parcel A, Lion's Ridge Subdivision Filing #2. Su -114-80-P1 Request: Preliminary Plan review of 6 townhouses and 3 duplex and 1 single family The Ridge Location: Far Eastern portion of "The Valley PUD" (Lion's Ridge Loop) Tom Boni, Assistant Planning Director, discussed the base of the roads, the shoulders, and the pitch of the Ridge. Commissioner Williams moved to:.approve the preliminary plan of the Ridge with the condition, before final plat stage a financial commitment to the road be made. Commissioner Troxel seconded the motion and the Chairman declared the vote uannimous. Zc-119-80 Request: Zone Change for 362 acres from Resource to Rural Residential and sketch plan review for 128 tw, Midway Manage- homesites ment Corporation 'Location: Parts of Sections 19,20,29,30 T4S, R84W (2 miles north of Eagle) Susan Vaughn, Planner, addressed the next item as a request from Midway Management Corp. for a zone change for 362 acres from Resource to Rural Residential. She pointed out the location on the plat. Steve Isom, Denton Gutting Architect, presented the zone change and subdivision proposal. Water,sewer, and access were discussed. Harold Denton located on the map other proposed developments and the location of the property in conjunction with the Town of Eagle. Ms. Vaughn stated the Planning Commission recommended approval of this request at their meeting of January 2, 1980. On January 15, 1980 Ms. Vaughn went before the Town of Eagle to discuss this development. The Town is in the process of doing a water study but have not made a firm committment to the water for their project. The Town of Eagle feels the impact of the water would require cash donations. The Staff recommends approval of this development. Terrill Knight, Planning Director, underlined the importance of what the Staff is doing in relation- ship to the town. The Town has no workable master plan. David Kunkel explained the water studies in progress to determine the amount of water needed. Gerald Rose, Brush Creek Resident, stated his concerns relating to the sewer because it is being put on a domestic water source. He is also concerned about the capability of the road and questions.'wheO t will be improved. Harold Denton agreed Mr. Rose's concerns were legitimate and stated a solution would be reached. The Board concurred paving would be necessary before building permits oould be issued. Loren Chambers, area property owner, stated his concerns about an irrigation ditch that runs through the subdivision. Mr. Isom agreed the ditch would be protected and maintained. Dave Hort, Division of Wildlife, advised this area has a high deer density. He feels 120 units would put the deer in jeopardy. He is also concerned about dog control. Dave Kunkel suggested having a no dog policy. He then discussed maintaining open corridors. Commissioners Williams moved to table this item until the Town of Eagle has given their comments on this development and mitigation of the wildlife. Mr. Isom stated this item has been taken to the Town and given -an opportunity for input. Commissioner Williams withdrew his motion. Commissioner Troxel moved Zc-119-80 be approved. Commissioner Williams seconded the motion with reservation. Stating there are some serious items to be discussed at preliminary stage. The Chairman declared the vote unanimous. Tom Boni, Assistant Planning Director, stated there was an additional item of the Midway Management sketch plan to discuss. Mr. Boni read a letter from the Division of Wildlife stating there is a major problem of severe impacts on the deer that cannot be mitigated. Mr..Boni also had a letter from the Water and Soil Conservation questioning maintenance and cost of irrigation. The Planning Commission reviewed this item on January 16, 1980 and had the following comments: 1. Recreational impacts should be addressed in conjunction with the Town 2. Road standards be local 3. Eby Creek Road required to upgrade collective status. 4. Wildlife impacts. 5. Detailed soil suitibility 6. Septic systems 7. Loop roads After reviewing the sketch plan the Board had the following comments: 1.•There should be a -"no dog provisionin-the covenants. 2. There shall be no variances to the County's minimum road standards 3. Any existing dwelling unit impacted by the development, and especially by the sanitation_ system, must be protected by mitigating the -:impact. 4. Be certain that ditch easements are wide enough to accomodate maintenance by machine Zc-120-80 Request: Zone change for 21.5 acres from Resource to Residential Suburban Medium Density C..Craig Location: Immediately east of Avon, south of Highway 6, in the NW4, SE„ Sec 12, T5S, R82W Folson Susan Vaughn, Planner, addressed the next item as a request by C. Craig Folson for a zone change for 21 acres from Resource to Residential Suburban Medium located at Avon. Steve Isom, developer, identified the property in Avon and explained the request. Ms. Vaughn stated the Staff does not have any letters on file in reference to this. The Planning Commission recommended approval of this zone change. The Staff is recommending approval as Avon is identified as a major urban community and this land falls in the Town's sphere of influence. Commissioner Williams moved Zc-120-80 be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. 46 Proceedings of the Board of County Commissioners 11th day February term 19 80 19 Request: Create long term lease for industrial use Location: Wolcott, Colorado Tom Boni, Assistant Planning Director, stated the next item was a request to create a long term lease f industrial use for Orrison Distributors. Originally the applicant requested a lease for a long period for purposes of a refrigerated beer warehouse. At that time it was determined this area was not in the rural center. Mr. Boni stated the plat was checked by Johnson and Kunkel. The Lease agreement had been reviewed by t County Attorney. Corrections have been made to the agreement and are being made on the final plat by the developers engineer. The Staff feels at this time, providing the easement as shown is the access, the request should be approved. Commissioner Williams questioned how the lot size was determined. Tom Boni explained this is not a saleable lot but must come through a subdivision process if creating a long term lease situation. Dennis Hogerty explained the property and access. Commissioner Troxel moved Sm -166-80 be approved with the condition the County Attorney finalize and check the lease agreement and the legal description of the parcel that is to be leased. Commissioner Williams seconded the motion. Commissioner Troxel amended his motion to read the Engineer will check the roads. Commissioner Williams seconded the amendment and the Chairman declared the vote unanimous. Susan Vaughn, Planner, stated the next item was a review of a Special Use Permit which was granted February 14, 1978. It was reviewed in 1979 and approved for another year. * Mr. Schmidt is requesting an annual review for the permit to remain in effect in 1980. The Staff has received no comments or objections to this Special Use Permit. The Staff recommended approval. Commissioner Williams moved to approve the permit to remain in effect in 1980. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Terrill Knight, Planning Director, stated the next item involves the Post Office site at Edwards. Staff had eecommended the applicant do more research to see what parking standards are necessary to insure the total parking requirements are met. The Staff has not received any research submittals. Robert Barr, representing Larese/Oberlohr Construction, read a letter from the United States Post Office in Grand Junction stating nine parking spaces are sufficient. Commissioner Williams moved in regards to the Post Office site at Edwards the Larese/Oberlohr Construction, Inc. that nine spaces for parking be alloted as per the letter from the Postal Service. In the event the Postal Service requires more spaces Mr. Oberlohr will submit a letter of agreement. Nancy Morgan, representing Erik Edeen, Health Officer, discussed with the Board amendments and revisions to the I.S.D.S. Resolution. Commissioner Williams moved to sign the Resolution. Commissioner Troxel seconded the motion; the Chairman declared the vote unanimous and the Resolution was signed. Susan Vaughn, Planner, read a letter from Fritz Schmidt requesting a hearing to apply variances previously received on lots 13 and 14 Block 2 Vail Dashone for a duplex project on the two lots. He received variances to required front yard set backs and maximum curb cuts for each of the two lots due to the steepness of the site. His desire is to vacate the lot line between lots 13 & 14 and to build a duplex on the two lots. He believes it is necessary to transfer the variances to the duplex project. Mr. Schmidt, present, stated he will submit a new application if necessary. Ms. Vaughn stated the Staff has a problem as there was a variance granted on the basis of this particular configuration for single family and Staff beleives a duplex is different than two single family units. Terrill Knight stated the technical matter is that the variances are non -transferable. Commissioner Williams suggested the applicant return to the Zoning Board of Adjustment, who granted the original variance, to get it changed. Commissioner Troxel advised that technically the Board of County Commissioners cannot over rule the decision of a quasi Judicial Board. Mr. Schmidt was directed to submit a new application. Commissioner Williams moved the Chairman sign the Reynolds Minor Subdivision plat. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous and signed the plat Terrill Knight, Planning Director, presented the next item as appointments to the Zoning Board of Adjustments. Commissioner Williams moved that the members that currently hold office on the Zoning Board of Adjus continue to do so until the Commissioners have time to review the letters and make new appointments. Susan Vaughn, Planner read a letter from Russell Scott who is going to apply for a license to continue to operate and maintain a minor hydro electric power plant at Woods Lake. This plant in transission will supply electric power for private residential use. Commissioner Williams moved the applicant be allowed to continue to operate and maintain a hydro electric plant at Woods Lake. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. There being no further business to come before the Board the meeting was adjourned until February 26, le, 11 Attest. erk to the Boa d - L Z r° Chairman Sm -166-80? Orrison Distribu- tors Glenn Schmidt Renewal of SUP Post Office Site at Edwards ISDS Regulations Fritz Schmidt Reynolds Minor Subdivision Zoning Board of Adjustments Russell Scott Proceedings of the Board of County Commissioners 26th day February term 198o SPECIAL MEETING Present: Dale Grant Chairman Beth Riggert County Attorney Dan Williams Commissioner ';Crai.g Colby Personnel Director Keith Troxel Commissioner Johnnette Phillips Clerk to the Board Mick Kasher Administrator 4671 19__ This being the day set aside for Welfare matters, the morning was spent with the Board of County Commissioners discussing Welfare items. Dog'Control When the Board reconvened in the afternoon Beth Riggert, County Attorney, advised the Board the Town Contract of Avon.has requested'the.County enter into an Inter -governmental Contract concerning the control of dogs. This is a basic contract the Board has used for other incorporated towns. Ms. Riggert advised that Judy Day, Animal Control Officer, had reviewed the contract and has no problems with it. Commissioner Williams questioned who would be liable for dog control in the Town of Avon. Beth Riggert replied,Judy Day had stated, when the Town first incoporated there was an informal agreement that the County would still be r4sponsible for dog control in the Town of Avon until this contract was entered into. Commissioner Troxel moved the Board sign the Resolution pretaining to the County patroling the Town of Avon for dog control. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous and the Resolution was signed. Commissioner Troxel advised if the Town of Avon's population gets large -enough to need additional personnel the Board feels some monitary contribution to the County from the Town of Avon may be necessary. Lost Tax Sale Beth Riggert, County Attorney, presented a Resolution granting substitute Tax Sale Certificates for Certificates a number of lost Tax Sale Certificates. Commissioner Troxel moved to sign the Resolutions pretaining to the lost Tax Sale Certificates for (John Siverely, Raltob Properties, Vail Securities, Inc._ , and Trevor T. Bradway. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. The Resolutions were signed. Northwest COG Beth Riggert, County Attorney, stated the Board had previously instructed her to respond to a letter from Northwest COG in which they stated they were aware of preliminary discussions between the Water and Power Resource Service concerning water for Green Mountain Resevoir. Ms. Riggert advised her letter stated the County would request advance notice of all meetings 6 scheduled as to these proposed sales. Commissioner Williams moved to sign the letter. Commissioner Troxel seconded the motion; the Chairman declared the vote unanimous and the letter was signed. EMS Advisory Mick Kasher, Administrator, stated he had a conversation with Steve Smith of Northwest COQ concerning Board Eagle County representation on the Emergency Medical Service Advisory Board. Mr. Kasher advised there is presently one position open. He presented a letter from Mr.Smith requesting he be appointed to the Board. Commissioner Williams moved Steve Scott be appointed to the Northwest Colorado Council of Governments Emergency Medical Service Advisory Board District 12. Commissioner Troxel seconded the motion and the Chairman declared -the vote unanimous. Purchase Order Chairman Grant advised the next item pretains to Purchase Orders sent to the Board by Sheriff Jack Sheriff Dept. Haynes. Beth Riggert, County Attorney, discussed vouchers which had been submitted and advised the Sheriff the vouchers could not be approved for payment because the Purchase Order numbers are not authorized by the Eagle County Purchasing.,Pol.icy. Ms. Riggert advised until the orders comply with the Purchasing Policy they will not be signed, although, the Sheriff could directly request the Board to issue P.O. numbers. Sheriff Jack Haynes at this time, requested the Board to issue P.O. numbers for the vouchers in question. Ms. Riggert advised that by.the Purchasing Policy there are procedures within which the Board has the right to look at the amount expended for the bills and determine if they could be purchased at a cheaper price. This process could take up to ten days for a decision to be made of approving or disapproving these vouchers. Sheriff Haynes advised the Board he would stay within his budget but would not comply with the Eagle County Purchasing Policy. There being no.further business to come before the Board the meeting was adjourned until February 27, 1980 Chairman Attest: erk to the Boa d 468 Proceedings of the Board of County Commissioners_ 27th day February_ __terra 19 80 _ __. 19__ SPECIAL MEETING Present: Dale Grant Chairman Dan Williams Commissioner Keith Troxel Commissioner Tom Boni Assistant Planning Directoi Susan Vaughn Planner Linda Hatton Secretary to the Clerk This being the day set aside for Planning matters to be heard the following items were presented, to wit: Tom Boni, Assistant Planning Director, stated the first item on the agenda was a confirmation of ex- tension of the final plat filed February 21, 1980 for Aspen at Streamside. Mr. Hogstad, representing the applicant, discussed the conference call he had previously with the Board advising them 90 days had expired from the time of the application until recordation because of problems getting the final plat in order. At that time he had requested an allowance to record the plat after the expiration date. Commissioner Williams advised that Terrill Knight, Planning Director, at the time of the conference call, advised the Board that the final plat had been signed and met all County regulations. Commissioner Williams moved to reratify the final plat of Aspen at Streamside. Chairman Grant �secohded'the'mati•on7and 'declared' the 'Vote unanimous of the two 'voting. Commissioner' Troxel being out of the room. Request: To subdivide a 5.00 acre parcel into two lots Location: Approx. 3.5 miles south of Gypsum Tom Boni, Assistant Planning Director, located the Jack Davis Minor Subdivision as being south of Gypsum. Mr. Boni advised that the applicant is in the proper rural residential zone. The applicant had previously submitted a minor subdivision application. The Staff advised him he was required to obtain adequate water and dedicate a proper right-of-way to the County. Since that time the applicants have obtained a committment from the Town of Gypsum for water and a surveryor added a 25 foot right-of-way along the west side of the property. Mr. Boni stated the Staff recommends approval. Commissioner Troxel questioned if it is a County road. Tom Boni stated it is not currently a County road. Commissioner Troxel moved Sm -116-79 be approved with a plat restriction that parcels shall not be subdivided. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: Split of a duplex Location: Lot 31, Block 3, Eagle Vail Filing #1 Commissioner Williams moved Sm -150-79 be_approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Split of a fourplex Location: Lot 5, Block 2, Eagle -Vail #2 Commissioner Williams moved Sm -162-80 be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Split of a fourplex Location: Lot 20, Block 3 Eagle -Vail # 1 Commissioner Williams moved Sm -167-80 be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Split of a duplex Location: Lot 4, Block 3 Eagle -Vail #1 Commissioner Williams moved Sm -168-80 be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote uanimous. Request: Split of a duplex Location: Lot 10, Block 2, Eagle -Vail #2 Commissioner Williams moved Sm -169-80 be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Split of a duplex Location: Lot 5, Block 4, Eagle -Vail #2 Commissioner Williams moved Sm -171-80 be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Split of .8 condominium units Location: Lots 40 and 41, Block 4, Eagle -Vail #2 Tom Boni, Assistant Planning Director, pointed out the location of the Tee & Ski Condominium. Mr. Boni advised that -the Planning Commission recommended approval four to one. One objecting to the curb cut. Bill Post, representing the applicant, advised he had spoken to the owners and they had been directed to have the cut at least 50 feet off the lot line. Plans have been ammended and resubmitted. At this time the cement has been poured and the cut is in. Mr. Boni stated this was a new aspect of the situation as the Staff was not aware the cement had been poured. The Staff believed it would have been a minor change to move the road, if the cement was not in. Mr. Boni stated the Planning Commission recommended approval of this project. Commissioner Williams moved Sm -170-80 be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Preliminary Plan review for 14 townhouse units in the RSM zone Location: Parcel F, Lion's Ridge Subdivision #2 Tom Boni, Assistant Planning Director, stated the next item was a request for preliminary plan review of 14 townhouse units in RSM zone and a request to vacate two existing lot lines. Mr. Boni advised this application had been before the Planning Commission three times at sketch plan to consider the visual impacts. Mr. Boni pointed out the location of the project on the plat. Dick Peterson, applicant, stated their approach was to take three lots and determine the best development. Landscape, drainage, access, and the radius of the curves were discussed. Mr. Boni advised the Planning Commission had suggested a sign be posted at the end of the cul-de-sac stating it is not a public maintained right-of-way. Tom Boni read a letter from the Town of Vail's Engineer concurring with the access arrengement. Aspen at Streamside Sm -116-79 Jack Davis Sm -150-79 Wagner Sub- division Sm -162-80 Sundeck Condominiums Sm -167-80 Fairway Town - Homes Sm -168-80 Master Built Sm -169-80 Sun Design,b Sm -171-80 William Fairchild Sm -170-80 Tee & Ski Su -125-80-P Briar Patch 469 Proceedings of the Board of County Comm�sioners 27th day—Eebrua_rY_term 19_8o- 19— The Town of Vail's concern is wanting a very detailed revegetation plan. Mr. Boni advised the Board the Staff recommended approval with the condition that guardrails be installed by the developer. Commissioner Troxel moved Su -125-80-P be approved with a stipulation on the final plat that the private road, if ever to be a County road, will be brought up to County standards by the property owners and not the County. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. The Board directed the applicants to present a Resolution to vacate the lot lines in question. Su -119-79-P Request: Preliminary Plan review of 24 units Fairwaye Location: Farmhouse Exception (Eagle -Vail Central) Green Tom Boni, Assistant Planning Director, stated the next item was a preliminary plan review of 24 units. Mr. Boni located the project on the plat. Stuart Brown, representing the applicant, advised he was before the Board to request a continuance. Fred Otto stated the property in question is encumbered with a deed restriction which limits it to one family residence on the whole five acres. ` Mr. Brown.gave the history of the proposed development and discussed the pending litigation on the deed restriction. He does not feel this opposition is legal grounds for suspending these proceedings. Commissioner Troxel moved Su -119-79-P be tabled until March 26, 1980. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Jerald H. Jim Williams, Zoning Inspector, stated the next item was a request for a refund of a building permit fee. Hassler Mr. Williams advised that on May 30, 1979 an application for a permit was submitted on Lot 8 Blk 4 Eagle -Vail #1. On November 30, 1979 the permit expired as work had not begun. At this time the applicant, Great Divide Properties, requested a reinstatement of the building permit. On December 26, 1979 the Board of County Commissioners denied the appeal but waived a new building permit fee. In leiu of this, the applicant submitted a new plan check fee with their subsequent plans. Mr. Williams advised the Staff recently received a letter from the applicant stating they had decided not to pursue a building permit..They are requesting.refund:on.the.part of the permit not used to date. Mr. Williams advised the Board the applicant had submitted a second plan check fee for the second set of plans but have stopped payment on.the check. Commissioner Troxel moved the applicants request for a refund of 855.50 be denied. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved the Board instruct the County Attorney to pursue action on the check for $427.75 so the lot will be legally restricted. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Gallegos . Tom Boni, Assistant Planning Director, stated the next item was the Gallegos Subdivision. Minor Sub- Mr. Boni stated the Staff had received a letter from Mr. Ross Davis including a Declaration of division Covenants. The minor subdivision duplex.lot in Lake Creek has been approved and signed by the Board of County Commissioners but it has expired. Commissioner Williams moved the final plat be checked on more time to make sure it is correct then filed. Commisisoner Troxel seconded the motion and the Chairman declared the vote.unaimous. .Berry Creek Tom Boni, Assistant Planning Director, stated the next item was Berry Creek Final Approval for Filing Filing #3 &4 #3 & #4. Mr. Boni advised that at a work session on February 7, 1980 the Board of County Commissioners reviewed Filing #3 & #4 and were in favor of approval with the following conditions: 1. Speed limit of entire project be posted at 20 mph by the developer 2. Lot slope of 30% or more requires special review by the Board of County Commisioners prior to issuance of a building permit. 3. Developer commit to guarantee the exi:stance of 150 foot site distance at any intersection on access out of a public road. 4. Developer include an improvements agreement statement that he would cut, gravel, and revegitate Mr. Boni read the changes stating given -the understanding the County is not liable to enforce all of . the restrictions --and conditions on the project but onlythose portions they so choose, the Staff has no problems with this aspect of the document. Toe previous comments of the Board and how they have been incoporated into the agreement were discussed. Commissioner Williams moved that Berry Creek 'Filing#3 & #4 be approved conditional upon the following: 1. Note presented by Mr. Otto stating the Book and Page where the defination of the Road Maintenance Easement:could be found be added to the final plat. 2. 10% grade limit on driveways be added to the plat. Commissioner Troxel seconded the motion and the Chairman declared the vote uanimous. Commissioner Williams moved the County Attorney draft a Resolution stating the Board's options to enforce only those things of the Berry Creek PUD guide Filing #3 & #4 that relate directly to current County regulations. Commissioner Troxel seconded the motion and the Chairman declared the vote uanimous. Les Douglas Les Douglas, Building Inspector, requested the Board's opinion on declaring Beaver Creek as a'Special Beaver Creek Inspection District to cover special hazards that will be occuring in the core area. Commissioner Troxel questioned if the applicant could be charged an additional fee to cover the expense of the structural engineer's salary. Beth Riggert, County Attorney, stated at the time Beaver Creek came in, the County had requested a special inspector would be employed by the County and paid by Beaver Creek. Ms. Riggert sugge.§ted!=;the applicant pay the County. The money shall be put into the Professionel and Consulting Fund and then taken out to pay the engineer. She suggested a simple contract stating the terms. Mr. Douglas presented a rewritten Building Resolution which needs to be checked for errors and approved. Sheriff's Beth Riggert, County Attorney, presented a Resolution, the Board had previously directed her to draft, Department pretaining to compliance with the Eagle County Purchasing Policy. Mick Kasher, Administrator, discussed a letter Terry Lowell, Accountant, had drafted to Sheriff Jack Haynes. The letter explained what the Sheriff will have to do to get the vouchers, he has presented, paid. Ms. Riggert stated she is concerned if the Board does pay these bills, just because the Sheriff shows evidence of proper procedures and does not comply with the Purchasing Policy what will be the rational next month if he requests the same thing again. The Board directed Mr. Kasher to contact the vendors in question regarding the Sheriff's vouchers to explain the situation and advise them if they feel there has been disallowance of a claim they may come before the Board of County Commissioners. Discussion was held on the Resolution. Commissioner Williams moved to sign the-Resolution-:pretaining to Compliance with the Eagle County Purchasing Policy. Commissioner Troxel seconded the motion. the Chairman declared the vote unanimous and the Resolution was signed. 4(0 Proceedings of the Board of County Commissioners zzth day February ____term 19 80 —19-- A list of names were presented to the Board for consideration for appointments to the Jail Advisory Board. After discussion, Commissioner Troxel moved the following be appointed to the Jail Advisory Committee: Sheriff Jack Haynes Mick Kasher, representing the Board of Mary Hoza Chet Budz Judge William Jones Terrill Knight Ned Oyler Stan Berstein Floyd Crawford John Perkins Tom Steinberg Tom Hunt County Commissioners Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Terrill Knight, Planning Director, advised there were positions open for alternates to the Planning Commission. The current alternate members were previously reappointed until permanent members could be appointed. The current members are Bud Gates, Arnold Nottingham, Alf Gardner, Dick Turgeon, and Stuart Canada. Mr. Knight advised the Planning Department has received letters from George Rosenberg, Don Welsh, and Alf Gardner requesting positions as alternates for the Planning Commission. Commissioner Troxel moved Bud Gates be appointed as alternate for 1980 to the Planning Commission. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved David Green be appointed as the Vail alternate for the Planning Commisssion. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. The Board directed Terrill Knight to contact Arnold Nottingham and Dick Turgeon to request their response as to -whether they wish to remain as alternates. The Board extended Mr. Nottingham's, Mr. Turgeon's, and Mr. Gardners position until a later date. Commissioner Williams moved to readvertise in Basalt for the alternate position. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Terrill Knight, Planning Director, stated the next item was appointments to the Zoning Board of Adjustments. Mr. Knight advised that the by-laws of the Planning Commission require one member of the Planning Commission to be on the ZBA Board. .The Planning Commission recommended reappointing Ann Holland. Commissioner Williams moved Ann Holland be reappointed to the Zoning Board of Adjustments to represent the Planning Commission with her term ending in 1982. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Mr. Knight advised there was one additional opening for Chairman. Applications have been received from David Green, George Rosenberg, and Hubert Peterson. Commissioner Williams moved to reappoint Hubert Peterson with his term ending in 1983. Chairman Grant seconded the motion and declared the vote two in favor; Commissioner Troxel voting "no". Beth Riggert read the statutes which state reasons for termination of positions. Commissioner Troxel moved David Green be alternate of the Zoning Board of Adjustments. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved Terrill Knight write letters to both Bonnie Williams and Bill Williams explaining their attendance problem and advise them if they cannot, because of business obligations, be regular members of the Commission please notify the Board of County Commissioners. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved Jack D'Orio, Mary Morgan, and Marka Mosher be reappointed as alternate members of the ZBA. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Terrill Knight stated one position has expired on the Building Board of Appeals. Commissioner Troxel moved to reappoint Keith Brent to the Building Board of Appeals until 1984. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams moved Dale Williams and Ray Conway be removed from the Personnel Committee as they are no longer employed by Eagle County. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams moved until such time as the Sheriff's Department is formally a part of the Eagle County Personnel Policy they will not be represented on the Committee. Commissioner Troxel seconded the vote and the Chairman declared the vote unanimous. The Board agreed to send a memo to all departments requesting volunteers to fill a position on the Personnel Committee. plat Commissioner Williams moved to advertise for Eldon Wilson's pending vacancy on the Airport Commission Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams moved the Chairman sign the Tee and Ski final plat. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous and signed the Commissioner Troxel moved the Chairman sign the Fairchild final plat. Commissioner Williams seconded the motion; the Chairman declared the vote unanimous and signed the plat, Commissioner Williams moved Berry Creek Filing #3 & #4 be signed in the presence of the Board of County Commissioners. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. and the plat was signed. Commissioner Troxel moved the Chairman sign the following plats: 1. Wagner Condo Lot 31 Block 3 2. Fairway Townhomes 3. Eagle -Vail #2 Lot 10 Block 2 4. Davis Parcel 5. Eagle -Vail #1 Resub of Lot.4 Block 3 6. Sundeck Condominiums Jail Advisory Committee �j Alternates for Planning Comm Zoning Board of Adjustments Building Board of Appeals Personnel Committee Airport Commission Tee & Ski Final Plat Fairchild Final Plat Berry Creek Filing 3 & 4 Signing of r' Plats Proceedings of the Board of County Commissioners 27th day_ Fib—�-Y--__term 19-8o- 471 19— Chairman Grant seconded the motion as Commissioner Williams was out of the room. The Chairman declared the vote unanimous and signed the plats. There being no further business to come before the Board the meeting was adjourned until March 3, 1980. -4z Chairman Attest: 1 7�2z erk to the Boar 472 Proceedings of the Board of County Commissioners_ 3rd day Marcn ____term 19 80 REGULAR MEETING 19` - Present: Dale Grant Chairman Mary Merklin C.R.S. Dan Williams Commissioner Terrill Knight Planning Director Keith Troxel Commissioner Tom Boni Assistant Planning Dir. Mick Kasher Administrator Susan Vaughn Planner .Beth Riggert County Attorney Johnnette Phillips Clerk to the Board This being the.first regular meeting of the month, the following items were heard by the Board, to wit: Doug Pilcher, Road and Bridge Supervisor, appeared to request permission from the Board to proceed on the Eaton Lane Road processing a Mining Reclamation permit and to obtain a contract from Adam's Rib Ranch to borrow sand from their old gravel pit to make the road acceptable. Mr. Pilcher stated the contractor is obligated to put a six inch base on the first 1400 feet from the highway and 700 feet to the north of Eaton's Lane. The access is poor and the road has become inaccessable. Chairman Grant requested the record reflect all three Commissioners reviewed the road that morning. When questioned about money held by ,the County for Subdivision Improvements Beth Riggert, County Attorney, advised the Board a letter was submitted from the First Bank of Glenwood Springs for $3,000.00. She stated this is not a letter of credit the County generally prefers. The letter does not expire until June, 1980. Mr. Pilcher estimated the cost to the County, to build this road, would probably be approximately $6,000.00. Commissioner Williams moved the first 700 feet of right-of-way belonging to Eagle County be improved as per Doug Pilcher's recommendation. Commissioner Troxel stated before he could second the motion he was requesting Commissioner Williams to include in his motion, the Board does realize there is a bond on portion of road and will probably look to the developer to help defray part of the costs. Commissioner Williams stated he had left the suggested ammendment out of his motion because he was not sure if the Subdivision Improvements Agreement covered the base work or if it just called for gravel. Mr. Pilcher recommended the costs incurred to build the 700 feet north to Eaton's Lane, that was con- veyed to the County, be kept seperate and done by the developer. Thb remaining 3/4 miles of Eaton's Lane also be be kept seperate. Commissioner Troxel seconded the motion previously made by Commissioner Williams and the Chairman declared the vote unanimous. Commissioner Troxel moved to direct the County Attorney to re-examine the Subdivision Improvements Agreement of the Mosher property and give the Board an opinion as to what can and cannot be done iin regards to County expenditures incurred. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams stated Mr. Mosher had gone in and tore up the road making it inaccessable. .Commissioner Williams questioned if he was given permission to do this via his Subdivision Agreement. Beth Riggert, County Attorney, advised that if Mr. Mosher did, in fact, make the road inaccessable there is potential liability. Chairman Grant requested the record reflect the Board has not read the minutes from the previous month. Approval of the minutes will be postponed until the next meeting. Sheriff Jack Haynes appeared to discuss the proposed car lease on the patrol cars he has acquired. Mick Kasher, Administrator, questioned Sheriff Haynes on the residual value of $4,000.001 He presented and explained a sheet of points of question he had prepared pretaining to the Sheriff's proposed car lease. Beth Riggert, County Attorney, questioned what Wells Fargo's opinion of reasonable wear and tear is. She stated she would like a statement from Wells Fargo on their opinion. Terry Quinn, representing Sheriff Haynes, stated he has requested Wells Fargo to present a letter to the Board explaining reasonable wear and tear and that they have the knowledge the leased cars are being used by the Sheriff's Department as patrol cars. Mr. Quinn explained the no purchase option and the mileage as 25,000 miles and not the 12,000miles on the contract. Ms. Riggert gave her opinion of the problems with the no purchase policy. Sheriff Haynes explained his understanding of the option to buy. Ms. Riggert asked for an explanation of item 5-B. She requested a clarification of the liability for payment. Commissioner Troxel stated he wanted to keep the cars and not send them back. He questioned if the Board of County Commissioners could obtain a better no risk contract through either a leasing company or a bank whereas the Board could pay $56,000.00 in full for the seven cars and would the Sheriff be willing to go along with this. Mr. Kasher stated there are two options. To go through the First Bank of Eagle County or the United Financial Services Company. Craig Colby, Personnel Director/Purchasing Agent, explained the lease/purchase tiff both the Bank and United Financial Service Company. Sheriff Haynes advised there was no lease/purchase available through the Bank at the time he was seeking a lease. Commissioner Troxel stated the lease/purchase of $56,000.00 was what the group had to work towards. Discussion followed on the cost of the cars and transporting prisoners to other jails. Commissioner Troxel stated, that as one Commissioner, he would prefer to have the Staff work with the Sheriff closely and call AMC/Jeep to see if they will accept a settlement on seven vehicles. After discussion between Sheriff Haynes and Mr. Quinn, Mr. Quinn stated the proposal would not be acceptable to Sheriff Haynes. Commissioner Troxel moved, in regards to the contracts that were submitted by the Sheriff to the Board of County Commissioners, that they are not acceptable. The reason being in the 25th month of the lease the Commissioners can foresee expenses of nine vehicles possibly costing the County an additional charge of approximately $7,000.00. The Board believes lease/purchase of seven vehicles, as approved in the budget, can be accomplished for a sum not exceeding the $56,000.00 budgeted for two years. Commissioner Williams would not second the motion. Chairman Grant seconded the motion. Commissioner Williams questioned if there was a solution that would be acceptable to the Sheriff. Sheriff Haynes stated they cannot operate with less than the number of vehicles they now have. Commissioner Troxel stated he believes the Baord has left the avenue open to keep the cars and feels the Board is being more than fair. He stated if the Sheriff wants to have the cars returned to the dealer, he is obligated to find a solution for providing law enforcement in the County. Commissioner Williams stated the Board has the ability to lease nine cars which would replace the number of cars the Sheriff is using now and not impact the taxpayer adversely in 1980 or 1981. The Board would have adequate time to prepare for costs that may or may not occur the 25th month of the proposed lease. Commissioner Williams feels this would be a practical approach to the taxpayer. Eaton' -s Lane Road Minutes Sheriff: Car Lease Proceedings of the Board of Cou* Commissioners 3rd day March term 19—A-0 473 19— Chairman Grant stated when the Board was working on the Budget the understanding was to return the cars to the leasing company or be the owners of the cars at the end of the two years, He believes if the Board had been made aware of this purchase agreement previously there would not be this problem now. Chairman Grant and Commissioner Troxel voted in favor of the motion. Commissioner Williams voted "no". and the Chairman declared the vote two to one. Discussion followed on the presented contract and what will be done with the nine cars as no contract will be signed:: Commissioner Troxel stated, for the record, the Commissioners have the ability now to provide seven vehicles as is and get.the Sheriff's Department out of this delima but the Sheriff has chosen not to do so at this time. The Board agreed to direct Beth Riggert to write Wells Fargo, the leasing company, to advise them the lease/purchase. terms ;are not acceptable stating the acceptable terms will be no residual and no limited mileage.,_ ` Edwards Water Terrill Knight, Planning Director, brought up the next item, the Edwards Water District.proposal. District Loring Harkness, representing the petitioners and proponents of the Edwards Water District, stated the Service Plan.was filed with the County in January, 1980. This hearing was set by Resolution of the County on February 4, 1980. . Mr. Harkness advised the plan today is to present the Service Plan to the Board of Cou�hty Commissioners and 'describe the project and plan for the furnishing of water services by the creation of a Water District through the testimony of witnesses. Mr. Harkness stated the following witnesses would be called: 1. Mike Stover - petioner 2. John Nemcik —Engineering Firm of. Merrick and Company 3. Bill Williams - one of the chief developers within the district. 4. Bryan Curd - investment banker All of the witnesses were sworn to testify by the County Clerk. Mike Stover answered questions on the number of dwellings, the population, and the projected number of units to be served by the district. John Nemcik stated he had done the engineering work necessary for the Service Plan. He described the ditches and pointed out, on the map, where the tanks and wells will be located. Capitol costs were discussed. Mr. Stover presented and explained the Edwards District map and entered it as Exhibit "A" Bill Williams discussed the Wright Water Engineer report and presented it as Exhibit "B". An opinion letter from Delaney and Balcomb in reference to legal availability df water rights was entered as Exhibit "C". A letter from Edwards Development Association addressed to the County Commissioners showing thgre is water and the applicants are willing to make the water available to the district was entered as Exhibit "D". Chairman Grant questioned if there is a definite cost of the water. Commissioner Williams questioned i -f this will be a .ne ditch. Bryan Curd stated he participated in the preparation of the Service Plan. He explained the assessed valuation of the district and projection figures for 20 years. He stated General Obligation Bonds will finance the improvements within the district. A letter to the Board to County Commissioners from Mr. Curd concerning indebtedness was entered as Exhibit "E".' Chairman Grant questioned the numbers of the projection of the costs. Bill Williams discussed the projection of the possible number of users there will be. Tom Boni, Assistant Planning Director, spoke as a representative of the Planning Department, giving their recommendations. Mr. Harkness summerized that there is a need for the district and the testimony presented demonstrates that a future need is present. The district could discharge indebtedness on a reasonable basis. Beth Riggert, County Attorney, gave instructions to the Board as to what could be done as to approving, disapproving, or conditionally approving the project. She read the statute conditions the Board could consider. Terrill Knight, Planning Director, stated it is the Planning Departments responsibility to evaluate the Service Plan. Mr. Boni stated the Staff recommended postponment. The issuesrevolve around 3 points: 1. Timing of the proposal because it proceeds a feasability study 2. Boundaries 3. Need for development of the water district George Rosenberg, audience member, stated a metro disrict cannot be expanded under current authority. They can only go out of district service which creates a problem. Discussion followed on the density of the boundaries of the district. A letter from Upper Eagle Valley Sanitation District dated June 14, 1979 and signed by Jim Collins, District Manager, was entered as Exhibit "F" Eric Edeen, Health Officer, discussed the quality of the water. Bobby Warner, Avon property owner, stated the Service Plan incorrectly shows him owning 160 acres. He does own 700 acres of the Hollis Allen land. He advised the Board this district would not stop other districts from forming. Bill Williams stated they would encourage others to join the district. Bob Havener, property owner within the district, affirmed what Mr. Williams had said stating he would like to annex any willing areas into the district. Tom Ateo, Edwards resident, stated he had spoken with adjacent land owners. He has had positive and negative responses but feels trying to get other property owners to join is a waste of time. Carol Williams stated she had circulated the petition and the general consensus of the people is they are anxious for a better water system. Commissioner Williams stated he encourages the concept and is discouraged some people in the area will not join the district. The county is spending money and time for a feasability study for water and sewer and without knowing the answers to some of the questions he hesitates to approve it. Commissioner Williams moved to table the hearing for 30 days to gain preliminary information from the water study. Commissioner Troxel seconded the motion. Mr. Harkness stated the applicants would have no objections to the Board taking 30 days for a decision as long as there was assurance there would be a decision at the end of the 30 days. Commissioner Williams withdrew his motion. Bill Williams questioned what the study would show. Commissioner Williams moved to continue the hearing for a maximum of 30 days until April 7, 1980. The Board will make a determination at that time to approve or deny the Service Plan. They will use information that was brought before the Board at this hearing and information from the Water and Sewer study. Commissioner Troxel seconded the motion and the Chairman declared the vote unaimous. Development Beth Riggert, County Attorney, stated the next item was a proposed Development Bond Policy with a req Revenue Bond to table it until April 7, 1980. Policy Commissioner Troxel moved to table the Development Revenue Bond Policy. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. 464 Proceedings of the Board of County Commissioners 3rd day March ____term 19 80 19— At this point there was a closed discussion with the Board on litigations with Vail Run, concerning property taxes. Commissioner Troxel moved the minutes for January 23, 29, February 4, 7, and 11 be approved as submitted, Approval of Commissioner_ Williams seconded the motion. The Chairman declared the vote uanimous and the Chairman the minutes signed the minutes. There being no further business to come before the Board the meeting was adjourned until March 7, 1980. Cha i rman I Attest U Clerk to the Bo r Y- Proceedings of the Board of County Commissioners 7th day__M_aLCh _-term 19_80- Present: Dale Grant Chairman Dan Williams Commissioner Keith Troxel Commissioner SPECIAL MEETING (absent) Mick Kasher Craig Colby Johnnette Phillips 175 19 --- Administrator Personnel Dir/Purchasing Agent Clerk to the Board The following bills were examined, approved, and warrants drawn on the proper funds for the same in full payment thereof: GENERAL FUND County General Fund Payroll $ 108,074.01 State Compensation Insurance Renewal of coverage 13,647.00 Jean A. Green January Overtime 162.56 Eagle County Treasurer FICA taxes 14.05 Gart Bros Sporting Goods Invoices 07717 & 67144 148.52 Eagle Computer Services January billing 286.78 Johnson, Kunkel, & Assoc Billing for Assessor and Planning 2,586.52 Eagle Valley Enterprise Billing for Assessor and Planning 27.97 Xerox Corporation Services 2,623.63•• C.F. Hoeckels January billing 765.17 Allen Agency Insurance premiums 21,149.00 Commercial Office Products Supplies 77.40 Business & Office Systems Invoice 56597 70.00 Colo State Assn. of County Clerks 1980 Assn. Dues 125.00' Rio Grnade Motorway Freight Bill 40.42 W. Keith Troxel Travel Expense 289.13 David Mannign Correcting Jan. Payroll sheet 66.69 Vail Auto Supply Invoice 027328 6.09 Weldon Carpenter Travel expense for extadition 35.00 Steve Hechsel Travel Expense 14.80 IBM Business Products Invoice JF7945R 864.00 Mountain Linen Service Service 155.16 Glenwood Medical Assoc. Invoice 25500 22.50 Vail Valley Medical Center Account 034389-7 49.00 Office of the District Attorney October Payroll Expenses 5,076.42 Nasco West Inc Invoice R28618 -A1 8.83 Beasley Super Food Billing for Sheriff Dept 536.49 Jean Green, Animal Control Expenses for Animal Shelter Basalt 7.84 Basalt 66 Gas & repairs 185.72 Gay Johnson's, Inc Invoice A05073 4.00 Alpine Animal Hospital Invoice 8763 5.00 Mountain Bell Billing for Animal shelter 68.15 Eagle Valley Metro District Water Service 48.22 Upper Eagle Valley Sanitation Sewer Service 44.40 Eagle County Trash Company Trash bill- Animal Control 54.20 Paradise Kennels Kennel fees 791.00 The Vail Trail November Publications 3.12 Colo Chapter Am. Public Works Registration fee 70.00 Coca-Cola Bottling Company Invoice 1046 and 759 65.00 Business & Institutional Furniture Invoices 00172-0 & 00172-1 472.73 Denver Post January Classified ads 34.80 Dailey Sentinel January Classified ads 15.60 Kistler Kwill Invoices 455959/4634433/462325 94.67 Holy Cross Electric Electricity 1,263.50 Rocky Mtn. Natural Gas Gas billing 984.96 James S. Meeney Fuel January billing 1,033.50 Lindsay's Invoices 6223/6324/6323/6353 257.41 Roaring Fork Valley Journal Ads for January 36.74 Vail Trail Invoices 3655/2242/0451/0842 65.58 Fortunes Pizza Invoice 47 26.10 Shelley's Invoice 017480 20.16 International Conf Bldg Officials Invoice C31322 568.00 N.F.P.A. Publications National Electrical Code Book. 7.00 International Conf. Bldg Officials Solar Systems code 5.00 Franklin Associates per statement 10,038.24 Colorado Chapter GRCDA Registration fee 60.00 Road & Bridge Fund Gas useage at landfill 20.13 Road & Bridge Fund Gas useage at landfill 13.39 Burkeye Gas Company Landfill account 101.42 Allen Agency Insurance premium for Sheriff's Autos 4;700.00 Overland & Express Company Ref # 1814 & 1815 321.00 Kier Laboratories Ref # 3351 BA & 33584BA 20.00 Eagle Valley Enterprise 1 Data Stamp for Sheriff's Dept 25.00 Shelley's Invoice 127014 50.80 Safeguard Business Systems Invoice 517541 55.07 D. & E. Towing Work Order- Sheriff's Dept 30.00 Kister Kwill Invoice 27662 48.64 Vail Mountain Medical �01i olly- Sheriff's Dept 40.00 Seifty the Instant Printer Invoice 19823 11.75 Pete Honnen Equipment " Downpayment of Landfill Compactor 45,000.00 Eagle County Treasurer FICA taxes withheld 6,624.88 Blue Ch6ss/Blue Shield Health Insurance Premium 6,922.10 Rocky Mountain Life Insurance Premium 332.18 Gail Strauch Refund on Computer list 15.20 Shelley's Invoices 56.45 Eagle County Clerk & Recorder Reimbursement for andvance to Assessor 843.30 Vail Trail Invoices 2482/2484/2480/2485 25.08 Ruth Shelton Travel Expenses 10.22 Ella F. Bindley Travel Expenses 105.76 Stuart Satsky Travel Expense 114.44 Gary Shields Travel Expense 77.41 Colo Assessor's Assoc Assessor's Annual dues 300.00 IBM Office Products Supplies 1,393.61 46 Proceedings of the Board of County Commissioners _ith day March ______term 19 80 19__ Commercial Office Products Supplies $ 138.52 Eagle Valley Enterprise Services 870.74 Janice M. Carney Reimbursement for Adding Machine tape 2.45 3-M Business Products Supplies 2,959.75 Dale F. Grant Travel Exoenses 201.20 Dan Williams Travel Expenses 92.00 N.W.C.C.O.G. Dinners for meetings 23.90 Valley View Hospital Billing to Eagle County Coroner 34:'00 J.S. Steinbrecher M.D. Billing to Eagle County Coroner 250.00 Kier Laboratories Billing to Eagle County Coroner 25.00 St. Vincent General Hospital Billing to Eagle County Coroner 66.00 Donna Meineke Travel Expenses 217.58 Eagle Pharmacy Supplies 170.75 Collett Enterprises Service 3,720.28 Mountain Bell Billing 457.52 Eagle Valley Telephone Billing 271.57 Secretary/Treasurer Sheriff's 1980 Annual dues 200.00 Hubert Peterson Travel Expense 37.80 Xerox Corporation Invoice 061679340 291.25 Colo Public Truste-s Assoc Public Trustee Annaul dues 20.00 Kister Kwill Supplies 1,540.12 Office of District Attorney March Payroll & Expenses 5,891.58 American Legion Aus Unit 194 March rent for Judge Office 150.00 Meister Publishing Company Invoice FCH-L-03173 27.00 Judith Rude Travel Expenses 56.76 Jack D'Orio Travel Expenses 355.64 Doyle Allmon Travel Expenses 15.40 Beverly Sheldon Travel Expenses 22.40 Case Power & Equipment Invoices 5043 & 4967 698.09 W.S. Darley & Company Invoice D22468 30.04 Daniel E. Jones D. VM Billing for February 14.00 United States Post Office Postage for Animal Control 469.90 Klein Enterprises Invoice 1381 75.00 Buckeye Gas Products Billing 1,030.91 Colo State University Registration, tuition fee 250.00 Jefferson Bank & Trust Lease payment 210.54 Wang Invoice FS225732 232.00 Johnson, Kunkel & Assoc Billing 15.93 Melton E. Atwell Travel Expenses 35.00 Claude L Gerard Travel Expenses 121.57 John Wiley and Sons Invoice X67953 39.96 Glenn Murphy Eagle County Nurses Audit 524.70 Eagle Nursing Service Reimbursement petty cash -Vail Office 15.00 Patricia McCollum Reimbursement Postage purchased 6.00 Eagle County Nursing Reimbursement for petty cash- Eagle Office 22.63 Margie Gates, PHN Travel Expenses 82.85 Nettie Reynolds CNA Travel Expneses 29.14 Patricia McCollum Travel Expenses 8.26 Jane Merritt Travel Expenses 119.04 Virginia Holmes Travel Expenses 57.16 Mar- Cecilia Waringa Travel Expenses 37.10 Cecilia Schmidt Travel Expenses 20.00 Printery at Vail Invoices 91574 & 800005 105.05 Business & Office Systems Service Labor -Nurses Office 20.00 Vail VAlley Medical Center Office rent for March & Xerox copies 507.80 H.R. Meininger.Company Past due balance 3.56 Coca-Cola Bottling Company Invoice 310 32.50 American Marketing International Invoice 37020 541.86 Copy Rite•Paper Invoice 1672 266.00 Eagle Agency Billing 22.29 Eagle Valley Telephone Service 3,744.30 United States Post Office Purchase of 8 zip code booke 42.00 Rosey Capodieci Travel Expenses 17.78 Craig T. Colby Travel Expenses 7.14 News Service 35.90 Computerworld Want ad 147.00 Pitney Bowes Invoices 771243 & 771244 193.00 Boise Cascade Supplies 391.91 Revere Chemical Corporation Invoice 13165-6 83.68 Hoemtown Supply Invoices 3649/3897/3966 67.00 Elbert Baldrey Travel Expense 8.40 Holy Cross Electric Service 1,131.39 Rocky Mtn Natural Gas Service 800.24 Eagle Computer Services Payment for billing 4,518.71 Colo Dept of Agriculture Supplies 15.00 Eldorado Engineering Billing 199 12.00 Burk Land Surveying Plat check for Sundeck Condo 45.00 Town of Vail Statement 01441 5,000.00 Lynde 0. Gilliam Consultant fees 510.00 Susan Vaughn Travel Expenses 63.28 Francis X. Krizmanich Travel Expenses M 6.58 James Williams Travel Expenses 61.30 Tom Boni Travel Expenses 59.36 Glenwood Post Legal ads 106.63 Fortunes Pizza Ticket 20 26.10 Land Use Control Registration for Susan Vaughn 500.00 International Assn of Plumbing Invoice B 25117 216.00 Ed Hammer Electrical Inspections 1,502.09 Gerald Best Travel Expenses 108.30 Lester Douglas Travel Expenses 142.66 Michael Whitaker Travel Expenses. 10.00 International Conf. of Bldg Officials Seminar fee 100.00 International Conf. of Bldg Officials 1980 ICBO Dues 15.00 F.B.W.W. Electric Refund on Elec. Permit Fee 12.00 Proceedings of the Board of County Commissioners 7th day March term 191ao_ 19 - Erik Edeen Travel Expenses $ 100.56 Nancy C. Morgan Reimbursement for Expenses 3.92 Jo Ann Deighan Travel Expenses 10.73 Jo Ann Deighan Travel Advance 83.80 Thomas Johnsen Travel Expense 80.00 Glenwood Toilet Rentals Statement 02501 55.00 Pete Honnen quipment Company Invoices 29487GJ/2982OGJ 339.34 Lucile Lieber Travel Expenses 195.22 Virginia Rose Travel Expenses 84.20 Ruth Vagneur Travel Expenses 15.54 Mountain Medical Associates Ref. Gary Butler -Sheriff's Dept 16.00 TOTAL--------------------------------------------------------------------------------------------- Insurance premium for vehicles $ 284,947.76 Xerox Coporation ROAD AND BRIDGE FUND 21.35 Road and Bridge Fund Payroll $ 36,440.53 Dick Wheeler, Inc Lease payment 204.77 Eagle Valley Telephone Service 139.47 Holy Cross Electric Electric Service 204.36 Kister Kwill Invoice 462888 3.60 Rocky Mtn Natural Gas Gas For County shops 679.04 Republic National Bank Loan payment 1,921.10 Donald J. Lilly & Sanford Wolff Payment for yearly rental lease 1,000.00 J.W. Brewer Tire Compnay Invoice 181712 122.58 Drive Train Industries Invoices 24973 & 25055 154.26 Boise Cascade Supplies 34.59 Allen Insurance Agency Insurance premium for vehicles 11,878.00 Xerox Coporation Xerox copy charge 21.35 Mountain States Ford Truck Sales Invoice 7690 14,140.71 Muriiciple Investments Company 1st lease payment of thermor layer units 7,973.00 Western States Industries Invoice 91104 799.54 Eagle County Treasurer_ FICA taxes withheld 2,233.78 Blue Cross/Ble Shield Insurance premium 2,353.38 Rocky Mountain Life Insurance Premium 110.29 Day -Times Invoice 9291-1224-1 11.93 Eagle Pharmacy Invoice 12 8.45 A.T.D. American Invoices 152564/162568/163611 612.74 Eagle Valley Telephone Service 307.63 Mountain Bell Service 35.82 Dan Williams Travel Expenses 30.66 Thelma Prange Travel Expenses 2.20 K.T. Arnold Travel Expenses 17.60 Public Service of Colo ,Electric.Bill 41.89 Holy Cross Electric Electric Service 192.42 Collett.Enterprises Feb. Billing 10,240.51 Nottingham Sand & Gravel Charge for late payment 1.80 X-Ergon Invoice 5-03157 141.02 Safety Kleen Corp. Invoice 359645 27.75 Lawson Products Supplies 1,020.29 American Coal Sales Invoice 405 435.60 Hometown Supply company Invoices 3725 & 3948 58.38 Case Power & Equipment Invoice 5106 56.58 Zep Manufacturing Invoice 42015332 119.73 Holland Auto Parts Supplies 77.52 Power Motive Corp. Supplies 156.83 Supplies Unlimited, Inc Supplies 869.65 Ernest L. Cock Travel Expenses 73.74 Francis D. Daugherty Travel Expenses 36.80 Max E. McCoy Travel Expenses 38.42 Yampa Valley Electric Assn Electric Service 159.28 Rocky Mtn Natural Gas Service 471.66 Boise Cascade Supplies 985.81 Hanson Equipment Supplies 266.82 Mountain States Ford Sales Invoices 58806 & 58805 424.53 Central Equipment Company Supplies 34.46 Denver East Machinery Co Invoice IV23336 580.69 Kaman Bearing and Supply Supplies 96.52 Jacobs Equipment Company Invoice PT 146801 52.86 Eagle Valley Glass & Mirror . Invoices 00351 & 00349 45.10 Jefferson Bank and Trust Loan payment 1,988.10 Jefferson Bank and Trust Loan payment 2,304.10 Republic Natioanl Bank Loan payment 960.55 Johnson, Kunkel, and Assoc Staement for January 29.83 Town of Basalt City Taxes quarterly 323.02 Town of Minturn city taxes quarterly 175.07 Town of Vail city taxes quarterly 7,696.42 Town of Eagle city taxes quarterly 756.61 TOTAL---------------------------------------------------------------------------------------------- $112,381.74 LIBRARY FUND Library Fund Payroll 6,203.00 Holy Cross Electric Electric Service 23.16 Eagle County Treasurer FICA taxes withheld 393.53 Allen Insurance Agency Insurance premium for bookmobile 93.00 Xerox Corporation Xerox copies 44.65 Eagle County Treasurer FICA taxes withheld 380.24 Blue Cross/Blue Shield Insurance premium 273.77 Rocky Mountain Life Insurance premium 18.60 Garfield County Library Supplies 139.76 Catalog Card Corp. Invoice 042282 71.10 Eagle Pharmacy Invoices 2 and 17 8.45 Money Periodical Subscription 26.00 478 Proceedings of the Board of County Commissioners 7th day March _ term 1980 _ 19 Quality Books Associated Libraries Dimondstein Book Express Prentice -Hall, Inc' American Econo-Clad Services Popular Photography Baker & Taylor Co/Const. Gordon's Books Ausio Visual Services Denver Pulic Library Buckeye Gas Company Boise Cascade Mountain Bell Minturn Branch Library Vail Trail Mounatin Plains Bookbinding Eagle Auto Parts Holy Cross Electric Cromar.s Photo & Sound Colorado Library Assoc. Invoices 52688 and 51331 Invoice 35047-3 Supplies Invoices 251550 and 254411 Invoice 15054 Periodical subscription Invoices A166559 & Bo66060 Supplies Invoice 15777 Supplies Invoice 206127 Supplies Service- Minturn branch Reimbursement of petty cash Public Notice Invoice 07302 Invoice 5822 Service Invoice 129728 Invoice 109 46.80 462.98 52.94 9.12 82.31 13.98 48.58 625.28 8.25 34.25 11.24 36.82 16.11 6.93 14.52 120.00 5.20 23.87 18.50 56.00 TOTAL--------------------------------------------------------------------------------------------$ 9,368.94 This being the regularly scheduled day for approval of bills in the A.M., the Board reconvened for such other matters needing their attention in the afternoon. Craig Colby, Purchasing Agent, appeared to discuss a lease for the acquisition of two thermor-lay asphalt units and one John Deere 646-B Landfill Compacotr through the Municipal Investment Company of Englewood, Colorado. Chairman Grant requested Exhibits A, B, & C of the lease be made a part of the record of todays pro- ceedings. (see next page) Mick Kasher, Administrator, explained the bids of the compactor and the dates of the contracts. Craig Colby stated he had three vouchers to be paid in conjunction with this lease. The first being to Municipal Investments Company for $7,973.00 for the first lease payment. The second voucher for $45,000. would be a down payment on the landfill compactor and the third voucher being for $799.54 for the fuel and labor to transport the thermor-layer. Beth Riggert, County Attorney, advised her only concern is on page two of the lease where it states, if the County does not appropriate sufficient funds in succeeding years it is in essence a default and at that time the County is agreeing they will not purchase any similar property until the expiration of the entire lease. Commissioner Williams moved to sign the Lease Agreement with Municipal Investment Company for a John Deere 646-B Compactor and two asphalt thermor-Lay units. Chairman Grant seconded the motion and declared the vote unanimous of the two present. Beth Riggert, County Attorney, advised the Board W. F. Stevens had signed a lease agreement for the use of his property, known as the Colorado River Gravel Pit. The County has received a permit from the Mine Land Reclamation Board for gravel. Mr. Stevens reported he has received a property tax notice from the County for $471.38 and believes the County should pay the taxes as they are the lessees. He has stated if the County will not pay the taxes he will terminate the lease. Doug Pilcher, Road and Bridge Supervisor, discussed the gravel that has been crushed. Commissioner Williams moved to. pay the taxes as they become due and direct the County Attorney to meet with Mr. Stevens and find a solution for paying the taxes. Chairman Grant seconded the motion and declared the vote unanimous of the two present. Commissioner Williams moved to honor the agreement made by the County, in a verbal nature, for gravel due Mr. Stevens. Chairman seconded the motion and declared the vote unanimous of the two present. Craig, Colby, Personnel Director, stated the next item pretains to two items brought before the Personnel Committee. / The first item is a question as to whether employees continue to receive benefits as of their last day of employment plus their accumulated annual leave or whether it is the day of termination of employment with the County. Mr. Colby read the amendments of the PersonnelPolicy pretaining to this matter. Discussion followed on the amendments. Commissioner Williams moved the first amendment to the Personnel Policy being identified as page 13 which states " In the event the employee resigns and has remaining accumulated annual leave, the last documented date of employment shall be the last day of the employees accumulated annual leave added on to their final day of work. During this period where the employee is utilizing their remaining annual as regular working hours the employee will still be accruing annual leave, obtaining Blue Cross/Blue Sheild benefits as provided by Eagle County and still contributing to the County Retirement Association. All benefits will cease upon the final day the employee -'s annual leave is exhausted", be approved. Chairman Grant seconded the motion and declared the vote unanimous of the two present. Mr. Colby stated the second item presented by the Personnel Committee pretains to the ability of the County to afford ex-employees the right to continue, at the employee's expense, on the County Blue Cross/ Blue Sheild Health Insurance plan under the designation of retiree. After much discussion, Commissioner Williams moved Item #2 on Page 13 which states, "Eagle County has at its option the ability to allow ex-employees the right to continue, at the employers own expense on the County Blue Cross/ Blue Sheild Health Insurance plan under the designation of retiree. In order for an ex -employee to be eligible for this membership, the employee must have served a minimum of five years employment with the County. Upon the employees termination of employment the employee will be given the opportunity during their exit interview for notifying the Personnel Department of their intent to accept or decline continued Blue Cross/Blue Sheild insurance. These employees are responsible for payment of their group premium and must make the payment fhe first of every month to Eagle County for the designated amount of their membership cost. Should these ex-employees miss the payment of two monthly premiums, the group membership of these individuals will be cancelled", be approved with the exception the years be changed from five years to four years for all County employees. Chairman Seconded the motion and declared the vote unanimous of the two present. Mr. Colby discussed an unplanned expense because of heating problems in the jail, courtroom, and Assessor's Office. Discussion followed on grants, contracts and costs for painting the jail. Ella Bindley, County Assessor, appeared and Beth Riggert, County Attorney, presented the following abatement petitions. The first abatement petition, from Danny J. and Bonnie M. Williams, was because the new house was doubled assessed. The abatement is $10,060.00 with the tax being $699.27. The Assessor recommended the abatement be aollwed as it was a double assessment. Commissioner Williams moved the abatement be allowed. Chairman Grant seconded the motion and declared the vote unanimous of the two present. Lease for Thermor- Lay Asphalt unit and Compactor W.F. Stevens Lease 6 Amendments to Personnel Policy Abatement: Danny & Bonnie Williams 0 MUNICIPAL INVESTMENT COMPANY Exhibit A Lease Agreement With Option To Purchase DESCRIPTION OF PROPERTY One (1) New John Deere 6466 Compactor EXHIBIT C Lease Agreement With Option To Purchase OPTION TO PURCHASE* 12/31/80 $57,781.48 1201/81 30,175.49 12/31/82 1.00 *After payment of amount otherwise due on date shown in Exhibit 8 All standard equipment. ROPS cab with heater, air conditioning, front and rear windshield wipers and work lights 2-1/2 yard multi-purpose refuse bucket with rack and teeth Rear auxiliary side weights $ 82,030.00 Two (2) Asphalt Thermo -Lay with the following Optional Equipment: Sander Ground Pounder Electric Heater Quincy Hydraulic Breaker Mounting of Sander and Therno-Lay Power Take -Off for Eagle, Truck Hardware for Mounting (U -Bolts, etc.) Side Board Brackets Set $21,121.62 Each $ 42,,243.24 Total $124,273.24 Down Payment 45,000.00 Amount of Lease -Purchase $ 79,273.24 Financing EXHIBIT B Lease Agreement With Option To Purchase $79,273.24 PAYMENT SCHEDULE PAYMENT DATE PAYi4ENT AMOUNT CREDITED AMOUNT CREDITED PRINCIPAL TO PRINCIPAL TO INTEREST BALANCE 03-01-8D 7,973.00 5,579.70 2,393.30 73,693.30 06 -0i -8D 7,973.00 5,748.15 2,224.85 67,945.15 09-0'.-8D 7,973.00 5,921.69 2,051.31 62,023.46 12-01-80 7,973.00 6.100.47 1,872.53 55,922.99 03-01.81 71973.00 6,284.65 1,688.35 49,638.34 06-01-81 7.973.00 6.474.39 1,498.61 43,163.95 09-01-81 7,973.00 6,669.85 1,303.15 36,494.10 12-01.81 7,973.00 6,871.22 1.101.78 29,622.88 03-01-82 7.973.00 7.078.67 894.33 22,544.21 06-01-82 7.973.00 7.292.38 68D.62 15,251.83 09-01-82 7.973.00 7,512.54 460.46 7,739.29 12-01-82 7,972.94 7.739.29 233.65 -- Totals 95.675.94 79.273.00 16,402.94 EXHIBIT C Lease Agreement With Option To Purchase OPTION TO PURCHASE* 12/31/80 $57,781.48 1201/81 30,175.49 12/31/82 1.00 *After payment of amount otherwise due on date shown in Exhibit 8 Proceedings of the Board of County Commissioners 7th day March term 19_aO_ Abatement: Maxwell R. Barz Abatement: Ross A. &Linda Ridenoour Y Abatement: Vail Jewelers Abatement: Bruce & Katherir Dundson Abatement: Gary Mahaffey Abatement: Stanley B. Whitsitt Abatement: Tony W. Tafel Abatement: Sylvester LaGrow Reudi Shores Jerry Hartert 479 19 Ms. Riggert stated the next abatement petition was from Maxwell R. Barz. The reason for the abatement, he was assessed for 12 trailer hookups and all but eight have been removed. The abatement is $440.00 with the tax being $35.98. The Assessor recommended the abatement be allowed as he has been charged with more trailer;hookups than he has. Commissioner Williams moved the abatement for Maxwell R. Barz be allowed. Chairman Grant seconded the motion and declared the vote unanimous of the two present. The next abatement petition from Ross A. and Linda L. Ridenoour was being requested because it was assessed for a building when there was no building January 1, 1979. The abatement would be $8970.00 making the tax $681.45. The Assessor recommended the abatement be allowed. Commissioner Williams moved the abatement be allowed. Chairman Grant seconded the motion and declared the vote unanimous of the two present. Ms. Riggert advised Vail Jewelers were requesting an abatement because incorrect figures were used in computing the valuation. The abatement would be $4140.00 making the taxes $334.26. The Assessor recommended the abatement be allowed. Commissioner Williams moved the abatement be allowed. Chairman Grant seconded the motion and declared the vote unanimous of the two present. The next petition for abatement from Bruce and Katherine Dundson. The building was only 90% complete January 1, 1979. The abatement would be $480.00 with the tax being $39.26. The Assessor recommended the abatement be allowed as the valuation was for 100%. Commissioner Williams moved the abatement be allowed. Chairman Grant seconded the motion and declared the vote unaimous of the two present. Ms. Riggert advised that the next petition for abatement was for Gary Mahaffey. The reason Mr. Mahaffey is requesting the abatement is because his mobile home was only in Eagle County for 3 months, not 8 months as assessed. The mobile home was moved into Eagle County April 28, 1979 and was removed from Eagle County August 11, 1979. The abatement is for $680.00 and the tax would be $66.20. Commissioner Williams moved the abatement be allowed. Chairman Grant seconded the motion and declared the vote unaimous of the two present. The next abatement petition, from Stanley B. Whitsitt, was because his mobile home was only in Eagle County for 7 months, not 12 months as assessed. The abatement is for $130.00 making the taxes $9.11. The Assessor recommended the abatement be allowed. Commissioner Williams moved the abatement be allowed. Chairman Grant seconded the motion anddeclared the vote unaimous of the two voting. The next petition for abatement for Tony W. Tafel was presented. The building in 'q'uestion was assessed as being complete when it was only 75% complete. The abatement would be $2140.00 making the tax $175.03. The Assessor recommended the abatement for Tony W. Tafel be allowed. Commissioner Williams moved the abatement be allowed. Chairiran Grant seconded the motion and declared the vote unanimous of the two voting. Ms. Riggert stated Sylvester LaGrow has filed a petition for abatement. One of his mobile homes was assessed twice. The abatement is for $2160.00 making the abated tax $141.41. The Assessor recommended the abatement be allowed. Commissioner Williams moved the abatement be allowed. Chairman Grant seconded the motion and declared the vote unanimous of the two present. The next item to be heard by the Board; Beth Riggert, County Attorney, advised Reudi Shores Subdivision had previously submitted $4,000.00 to be held as a letter of credit. They are now requesting the return of this money. Ms. Riggert read the Resolution she had drafted pretaining to this matter. Her legal opinion is the County has to return the money. .Commissioner Williams moved to return the $4,000.00. Chairman Grant seconded the motion and declared the vote una,imous: of both Commissioners voting. Beth Riggert, County Attorney, advised the Board Jerry Hartert has requested he be formally appointed as Special Council for Eagle County. Commissioner Williams moved Jerry Hartert be appointed as Special -Council for Eagle County. Chairman Grant seconded the motion and declared.the vote unimous of the two voting. There being no further business to come before the Board this date, the meeting was adjourned until March 10, 1980. Attest: oj4wA du� Clr't6 the Board rman /; . Proceedings of the Board of County Commissioners_ loth day March —term 19 Bo SPECIAL MEETING Present: Dale Grant Chairman Susan Vaughn Planner Dan Williams Commissioner Terrill Knight Planning Director Keith Troxel Commissioner Johnnette Phillips Clerk to the Board Mary Merklin C.R.S. 19 --- Terrill Knight, Planning Director, stated the first item for discussion on this day is the Open Space Plan. The plan has been reviewed by the State of Colorado, as required, and they have offered no comments. Mr. Knight advised the Planning Commission has had two public hearings and unanimously recommend the Open Space Plan be adopted. The plan itself is not regulatory and may or may not become so in the future; it is only a guide. Mr. Knight, at this time,. presented a slide program to show changes in the counties charter and the criteria for open space. - Mr. KnigFit then read letters from the following: 1. Bob Parker, Vail Assocaites - In favor of plan 2. Linda Crossland, Mayor of Basalt - opposed to plan 3. Bill Crank, Town Manager of Basalt - opposed to plan 4. Max Dorack - comments on plan 5. Town of Vail - in support of the Open Space Plan. Tom Johnson, coordinator of the plan, discussed the area of study as being the I-70 corridor and Highway 82 corridor, because of the intense development pressure, ownership, and time shortage. It is believed this criteria could be applied to the rest of the County at a later date. Fred Green apologized for not being more active in the development of the plan. He stated he believes the Open Space Plan is a step in the right direction. Terrill Knight stated they are forwarding the plan to the Commissioners with the Planning Commission's certification in hopes it will be adopted into the County Master Plan. Commissioner Troxel questioned the number of people who had applied for the steering committee. Mr. Knight advised no one officially applied. The Planning Commission appointed people from all sectio of the County. Commissioner Williams thanked the Steering Committee and the Planning Commission members for the work put in formulating the plan. Commissioner Williams stated there is one area of concern being policy #12 which states it is the policy of Eagle County to obtain and manage open space lands designated as being critical. An audience member, representing the Gypsum Town Board, questioned why Gypsum was completly enclosed by a Buffer Zone. Terrill Knight explained it is only because of physical characteristics. Peter Patton, Town of Vail Planning Staff, re-emphasized the importance of support for the Open Space Plan. Chairman Grant commended the Committee on the dedicated work they have done on the plan and for the recommendations. Commissioner Troxel moved to adopt the Open Space Plan into the County Master Plan. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Open Space Plan Eileen Lister appeared, at this time, to request reapproval of, the Zorn-Brosig Minor Subdivision Duplex Zorn-Brosig as it is over the 90 day limit. Minor Sub Terrill Knight, Planning Director, stated nothing on the plat has changed since the time of approval. Commissioner Williams moved, after the Staff re-examines the plat and finds it totally correct, it be allowed to be recorded. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Susan Vaughn, Planner, stated the next item on the agenda is a review of a revised zone change for Eagle Zs -114-79' Bend. Eagle Bend Ms. Vaughn advised this is a request for Residential Suburban Medium Density zone. Originally the request was for Residential Multiple Family zoning. There was some concern that legal descriptions between the RSM request and the RMF request was not advertised. Ms. Vaughn stated the applicant can basically do as he wishes without having RMF Density. The request for RSM is for the whole development. Guy M. Gregg, property owner, pointed out the access to the property and reminded the Board of letters in the files stating agreement for access from adjacent property owners. Ms. Vauhgn stated the Staff had originally recommended denial. They feel the density is still high but RSM is consistant in the area. Ms. Vaughn advised the Board of conditions recieved form the Railroad if this is approved: 1. Construct and maintain a 6 foot heavy guage chain link fence to seperate the railroad right-of-way and the applicants property. 2. Access will be on existing public roads and the railroad tracks will not be crossed by anyone from the subdivision . The Staff will make these recommendations on the SUP. Commissioner Troxel questioned the number of units allowable on the parcel if is zoned RSM. Ms. Vaughn stated the whole area consists of 32 acres. There would be approsimately 150-160 units minus the area in the river or flood plain area. Discussion followed on the Master Plan in regards to development relating to the Town of Avon. The Board advised if the area becomes too impacted the applicant may be requested to install de- celleration and excelleration lanes at accesses. Commissioner Troxel moved Zc-114-79 be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Susan Vaughn advised the next item is the review of the sketch plan for Eagle Bend. Su -130-79-S Ms. Vaughn questioned if the Board preferred to review it at this time or to wait until the cluster Eagle Bend subdivision request is submitted. The Planning Commission tabled this item until April 16, 1980. Sketch Plan The Board concurred this item would be reviewed at subdivision stage. Commissioner Williams commented he would like to see .50 foot setbacks from the Eagle River and evidence the applicant can provide excelleration and decelleration lanes on the old bridge. He discussed traffic being held up when a train is passing. Commissioner Williams stated he would like to see a statement on the plat to make land owners aware of the Stol-Port and the railroad. Commissioner Troxel stated the recommendation from the railroad for a fence is suitable but he is not sure it has to be specified as a chain link fence. Susan Vaughn suggested discussing it with the railroad to determine what type of fence they prefer and make an agreement suitable to all involved. Proceedings of the Board of County Commissioners 10th day Marc_LI term.19_8o_ 19_— Zs -103-79 Request: Clarification of Board of County Commissioners motion Nottingham Sand Susan Vaughn, Planner, advised the Board they had previously approved the continuation of a SUP in & Gravel SUP existance west of Eagle for Nottingham Sand & Gravel. There were a number of requirements made in the motion. Ms. Vaughn presented a letter from Mr. Petre, representing Mr. Nottingham, to the County Attorney. Mr. Petre believes it is wise to reschedule another hearing to determine clarification of a signal person being required anytime the plant is in operation. Bill Nottingahm, applicant, questioned the necessity of a flag person on days there is no hauling. Commissioner Troxel advised he would be willing to amend the requirement to read a signal person shall ` be at the crossing only when a truck relating to Nottingham Sand & Gravel is crossing. Terrill. Knight advised. if the Board wishes to change a statement on the original permit it would have to be readvertised.: This is the reason the applicant is only requesting a clarification of "When in operation"I Don Kris, Mountain Mobile Mix, volunteered to eliminate his company's hauling from the pit to eliviate the flag person restriction. Commissioner Williams stated the motion has been made although it may not have been totally clear. He understood it to mean if the plant is in operation there has to be a flag person present. He.feels Mr. Nottingham has taken it upon himself to advise the customers the increased price of gravel is the Commissioners fault. Chairman Grant stated the Board was put on the spot when there was too much testimony to the unsafe crossing. He believes the motion means a flagman is necessary only during haulage with heavy trucks. Commissioner Troxel suggested having a public hearing on the review of the motion pretaining to the conditions of the flagman at the crossing. Beth Riggert, County Attorney, advised the Board the motion can be clarified without another hearing. Terrill Knight stated the adjacent property owners should be made aware of the clarification of the motion. ' Mr. Kris requested the Board to reconsider their decision if he eliminates his trucks. Bill Nottingham requested a clarification of the motion at this time. Also he requested a clarification of pick-ups and light vehicles. Commissioner Troxel moved the Board clarify the condition in the Nottingham Sand & Gravel SUP to state as a clarification to it that a signal person is to be at the crossing at any time a truck of gross vehicle weight of 10,000 lbs.or more is crossing. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams requested the record reflect this is another instance where the Board of County Commissioners has tried to allow a regulation to encourage instead of work against an applicant. He stated there may come a time to examine the actual appropriatness of this gravel site. Bill Nottingham requested clarification on the sixth condition which states "any other uses listed in the original permit that have not been utilized will not be allowed to continue until an Enviromental Impact Statement on these uses are accepted by the County". He questioned if this condition is going to be imposed on all similar activities in the County or just on this particular gravel operation. Susan Vaughn stated an Enviromental Impact. Statement had been requested on their latest gravel permit request. Commissioner Troxel, in his opinion, to clarify the stated condition gave his interpretation; the gravel operation is a preexisting and non -conforming use. When the use is increased, the Board shall be advised of the expansion and the use. It will then no longer be a pre-existing use. The gravel operation will have to have a new permit. At this time the Board may request them to have an Enviromental Impact"Statement. Zs -36-77 I Mountain Mobile Susan Vauhgn, Planner, stated the next item was review for a SUP for a gravel operation.located Mix outside of Eagle. The SUP was approved August 8, 1977. Ms. Vaughn advised the condition on the permit is for the SUP to be renewed annually. On July 28, 1979 the Staff received a letter stating the land had been abandoned. In February, 1980 another letter was received requesting a review to reactivate the permit. Ms. Vaughn stated the Staff feels the SUP is void and cannot be renewed without a new application and a new hearing. Beth Riggert, County Attorney, gave her legal opinion that the SUP for the pit has expired. Commissioner Williams suggested the applicant resubmit the application. Chairman Grant stated the Board has to consider the legal opinion that the SUP has expired. The Board decided to wait until an application is submitted before making any determinations. Ms. Vaughn explained the EIS would include a water statement, an air statement and show some planning Chas been done on the visual quality. Reudi Shores Susan Vaughn, Planner, stated the next item is a request from Tom Blank of Reudi Shores for the return of a $4,000.00 Bond. The Board advised him they had voted, at the previous meeting, to return the money. Mr. Blank stated he has spent $79,000.00 redoing the entire water system including fire hydrants. Commissioner Williams asked about the water and roads. Mr. Block stated the lawns can be irrigated with his new system. The roads are grated and gravelled. Mr. Block stated he is willing to grant access to Winward Ranch. The Board advised Mr. Block to contact the County Attorney concerning the return of the money. Zs -105-79 Request: Special Use Permit for seasonal campers. Tabled from the February 11 meeting. B & B Excavating Susan Vaughn, Planner, stated the next item on the agenda is a request for a SUP for seasonal campers for B & B Excavating. This item has been tabled a number of times. Ms. Vaughn advised the Board had previously approved a SUP for a night watchman's trailer subject to the following conditions: 1. Adequate water & sanitation facilities 2. Revegitation 3. Bond be submitted The Staff suggests denial of the SUP as there has been no new information submitted or response from B & B. Commissioner Williams moved Zs -105-79 in regards to seasonal campers be denied due to lack of additional information. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Resource Eric Edeen, Health Officer, and Jo Ann Deighan, Health Assistant, appeared to present an update on what Recovery is being done concerning the Resource Recovery Program. Discussion followed on a tour of a facility of the same type. At this time Ms. Dieghan presented a letter to be sent to Martha Walters requesting a Peer Match Grant to visit the Salem Virginia plant. Commissioner Williams moved the Chairman sign the letter. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Ms. Deighan introduced discussion on burning wood wastes from construction jobs. Eric Edeen presented a request to be delegated as authority to give burning permits. The Board concurred if the authority is accepted the responsibility will be also. 482 Proceedings of the Board of County Commissioners loth day March __term 19 80 19___ Commissioner Troxel moved the Chairman sign the Delegation of Authority from Eagle county on open burning. Commissioner Williams seconded the motion and the Chariman declared the vote unanimous. Eric Edeen presented the Resource Recovery Draft Plan with the completed phases. Commissioner Troxel stated he beleives it is a good concept and hopes it is accepted. There being no further business to come before the Board this day; the meeting was adjourned until March 25, 1980. C ar"nan Attest: /111 erk to the Boar Proceedings of the Board of County Commissioners lsth day Marrh tern 19 --so 4' Colo Ute/Public Service Power Line SPECIAL MEETING Present: Dale Grant Chairman Terrill Knight Planning Director Keith Troxel Commissioner Susan Vaughn Planner Dan Williams Commissioner Beth Riggert County Attorney Mick Kasher Administrator Linda Hatton Secretary to the Clerk 483 19— to the Board Chairman Grant stated this meeting is a continuance on the Frying Pan Valley power line application by Colorado Ute/Public Service Company. This meeting was continued to give the Board a chance to review the final Enviromental Impact Statement which was completed only two weeks prior to the previous meeting, to give the Staff time to clearly assess the statement, and to give the Forest, Ute Electric, and Public Service a chance to present alternate routes. Susan Vaughn, Planner, clarified, for the audience, proceedings of the previous meeting. On February 11, 1980 the Board closed public testimony and continued the hearing until this date. It was explained the Board of County Commissioners are within their rights to get clarification on previously presented information. Ms. VAughn stated after Staff's review of the final Enviromental Impact Statement that it is a sufficient document to meet all requirements of the Eagle County Zoning Resolution..Staff continues to recommend approval of'this application as submitted. Commissioner Troxel questioned the Forest Service representative, Mr. Vic Wires, on their decision for choosing that particular corridor up the Frying Pan River or if there are alternate routes through Eagle County. He questioned if the alternatives have been examined as far as impact upon private land owners and if so are the Forest Service variances on other routes off of public impacted areas. Mr. Wires stated alternatives the Forest Service reviewed were basically the same alternates the consultants prepared for the REA in the impact statement and the same alternates the Staff reviewed. The Forest Service stated there is no other alternate that would better meet the enviromental conditions from a national forest standpoint. Mr. Wires advised that relative to the private land outside of national forest land the Forest Service does.not have data to make a sound decision. Regardless of where lines come off of national forest land private lands will be involved. The Forest Service is not in a position to decide who will be affected and to what extent. Commissioner Troxel questioned if the Forest Service contemplates other applications in the future. If so, is it Forest Service policy that the lines get placed in present, easements. Mr. Wires replied it is a national policy to have as few corridors as possible. He stated the Forest Service would like to centralize transmission lines crossing national forest land which does not mean they encourage lines to sit side by side. Mr. Wires advised that the Forest Service does not anticipate additional applications coming up the Frying Pan or other areas crossing the White River. Commissioner Troxel questioned if there is a heavy energy impact to the west and most of the energy will probally go east.and south what will happen if there is a demand through the County for three times the amount. He then asked if the power line could be put where it would not effect anyone. Mr. Wires stated he does not believe it is possible. If there is demand for power to the east it is the Forest Service perception that any trans -mountain transmission lines will be located north or south of Eagle County. Commissioner Troxel asked if this particular line is not more of a national concern line rather than for local concerns. Mr. Wires responded if is more of a regional concern for the State of Colorado. Commissioner Troxel questioned,in case the alternate is addressed to go through Gypsum or Minturn, has the Power Company approached the Forest Service and has the Forest Service given alternate routes off of private land in that area. Mr. Wires stated, as he understood it, the Gypsum route was analyzed from the stand point of the potential build out on approved zoning and present subdivision plans. This was the lessor of the two alternates as far as conflicting with private use and private land patterns. Commissioner Troxel questioned if the Public Service has asked about deviations off private lands. Mr. Wires stated deviations have been discussed but neither the Forest Service or Public Service Company can see the benefit from it. Commissioner Williams asked the Staff what discussion took place in regards to removing the lines from the town center. Ms. Vaughn advised this would not be possible due to the location of the substation in relationship to the town boundaries. In order to get around the town boundaries the line would have to be located too far north. Commissioner Williams questioned Eli Yakich if this transmission line will come directly into the existing substation or will there be another substation built. Mr. Yakich stated there is a new substation for Basalt being built. The existing line terminates at the existing substation. Commissioner Williams does not believe the health issue is a concern, no one has demonstrated a severe health impact by this line. An issue he is concerned with is, if the power line is left as it is will it impact the valley further. He feels there is a chance, by allowing it to be enlarged, to move it to make a better condition in the Frying Pan Valley. Ms. Vaughn presented a map to show the location of the substation and explained the problem of skirting the town. Commissioner Williams questioned the process used in elevating the impact tothe Town of Basalt. Kirk Douglas, Public Service, explained the process and reasons for putting it on an existing alignment. Commissioner Williams stated he does not feel satisfied with the reasons given for the location of the line. Mr. Douglas explained any other alternate in that area would involve more private land owners and more developable land than the existing alignment. He discussed the visual impacts to existing subdivisions and the town center. Commissioner Williams stated he is distressed over this situation. When Colorado Ute installed the line from Wolcott to Basalt they were able to satisfy everyone involved and he feels there is room to improve the situation. Mr. Yakich stated it is difficult to relocate facilities from one land owner to another. Commissioner Williams questioned the possibility of crossing section three and then go back near the Forest Service boundary to avoid the Town of Basalt. He questions.if the Board would benefit more denying this for an alternate route or improving this route. Mr. Yakich stated Colorado Ute has taken into consideration the property owners in going north. In their opinion, it would expose the line visually more down valley. Commissioner Williams asked if the Public Service had received a letter from Dieter Sanders identifying some inconsistancies in the E.I.S. A representative from the Pulbic Service responded no letter had been received from Mr. Sanders. Jerry Walker, Colorado Ute, stated they had received a copy from the R.E.A. Proceedings of the Board of County. Commissioners lath day March ___terra 19-11 19— Chairman Grant questioned Mr. Sanders on why he had not sent the letter to the Public Service. Mr. Sanders stated he had sent the letters to the REA instead as he had a deadline of March 2, 1980. At this time Mr. Sander requested to discuss the fact of the 800 signatures opposed to the line and the two in favor. The two signatures in favor were from the Seven Castles area and the Cap -K Ranch area. Commissioner Troxel moved Zs -109-80 be denied because the increase of this use is injurious to established and future character of the neighborhood in which this special use is proposed to be located. The motion died for lack of a second. Commissioner Williams is concerned because alternate routes were not examined. Commissioner Troxel stated he made the motion as he does not feel the Board has been given the best alternate for the power line. He does not believe the Forest Service has done their job in trying to protect the rights of the citizens in the County. Commissioner Williams does not feel the Board can force the Forest Service to find an entire new route. Commissioner Williams stated in narrowing down the issues that health is not an issue. He has no problem allowing the line to be built up the Frying Pan if it can improve a current situation. He wants to be convinced there is not some way to go from point A back to the new substation near Basalt to make less impact on current development. Fred Witsell, attorney for Public Service, responded by stating County regulations provide the Board can grant a permit conditionally as they see fit. He feels a permit could be granted to call for a more detailed review of this particular area which concerns the Board. A final decision on this area be based upon what the Planning Staff should determine as possible alternates. Commissioner Williams moved to conditionally approve Zs -109-80 as it relates from point A eastward. The condition will be the Board requests a more specific, detailed study of the alignment from point A to the new substation near Basalt.And try to identify a way to allow the power line to cross public land closer to Forest Service property without degradating the enviroment to any great extent over the Seven Castles area. Also using,, alternates B & C. Commissioner Troxel would not second the motion. Chairman Grant seconded the motion stating he feels the details of approval should be spelled out properly by the County Attorney. Commissioner Troxel stated he would not second the motion because he feels there will be a lot of impact on Eagle County for a major power corridor going through the County. If this is approved this may be one of the major corridors. He does not know, according to testimony, how the power company can satisfy the Board from point A in the other direction. Commissioner Troxel questioned, in the event, from point A back to the substation, the power company cannot satisfy the Board that they have mitigated the impact from that area to alternate A through alternate B & C, will it still be valid. Beth Riggert, County Attorney, advised, in her opinion, this condition is on the total SUP. If they cannot satislfy the Board as to the point in question around the Basalt station then the condition goes on the entire SUP. The Chairman declared the vote two in favor; Commissioner Troxel voting "no". In the afternoon the Board reconvened to hear miscellaneous items. After discussion, Commissioner Williams moved to certify the General Highway Maps of Eagle County, done by Claude Gerard, with additions and deletions to the county road system included. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Commissioner Troxel was out of the room. Discussion followed on problems of maintenance on Eaton Lane up Brush Creek. The Board directed Doug Pilcher, Road and Bridge Supervisor, to contact Mrs: Nelson to advise her she could come before the Board to discuss the matter at 2:00 March 25, 1980. There would be no maintenance on the road in question until after this hearing. At this time Jack D'Orio, County Agent, presented a Resolution concerning a Conservation Trust Fund for improvement of the fairgrounds. Commissioner Troxel moved the Board sign the Resolution to transfer $4,000.00 from the Conservation Trust Fund to the County General Fund for use at the County fairgrounds. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams moved the Board sign the Resolution concerning the Fairboard Memorial Fund. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Jack D'Orio, County Agent, discussed the possibility of a beer permit at the fairgrounds. He advised the fairboard had voted unanimously to have 3.2 beer at rodeos to enable control of outside liquor traffic Commissioner Troxel moved to approve the sale of 3.2 beer at the rodeo grounds conditional upon the following: 1. During rodeo hours only 2. On rodeo grounds only 3. It will be policed and secured by County personnel 4. If the County fairboard does not want to obtain a license, it will be put out to bid. Commissioner Williams seconded the motion. The vote was declared two in favor; Chairman Grant voting "no". At this time Doug Pilcher, Road & Bridge Supervisor, opened discussion on the Lake Creek Bridge. Commissioner Williams moved to approve and sign the contract for the Lake Creek Bridge. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Commisisoner Troxel moved to appoint Mel Atwell, County Engineer, as project coordinator for construc- tion and final approval of the West Lake Creek Road. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved the Chairman sign the A-95 review concerning the notice of intent to review project: 1980 DOE Weatherization Plan. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved the Chairman sign the A-95 review notice of intent to review project: Mountain Region Emergency Medical Services Development. There being no further business this date the meeting was adjourned until March 25, 1980. J.� '7' , A�/ Chairman Attest: i{f/ erk to the Bo County map Certification Resolution: Conservation Trust Fund Resolution: Fairboard Memorial Fund Beer permit at fairgrounds Contract: Lake Creek Bridge A-95 Reviews I' Proceedings of the Board of County Commissioners 25- day_mar-cb— term 19.80_ SPECIAL MEETING Present: Dale Grant Chairman Dan Williams Commissioner Keith Troxel Commissioner Eric Edeen Johnnette Phillips Mary Merklin Health Officer Clerk to the Board C.R.S. 485 19— This being the regular meeting day for Welfare matters to be heard in the morning; the following items were presented in the afternoon: Enviromental Erik Edeen, Health Officer, appeared and stated this is a public meeting to give the public an opportuni Health/Flood to comment on the published Flood Plan Elevation. The _.reason for the meeting is to provide Mike Garcia, Insurance Flood Insurance Administration, and Gene Jensick, Colorado Water Conservation Board, an opportunity to provide additional information to the Board of County Commissioners. Mr. Edeen advised the Planning Commission, after making a preliminary review of the flood elavations and mappings, elected 4 to 1 to appeal it. Mr. Edeen requested the Board to accept the flood elevation plan or appeal it. He stated there=..is a difference between the maps and the elevations. The maps and elevations are in a 90 -day appeal process at this time...A map amendment can be presented at any time. Chairman Grant questioned if there have been any written complaints against the published flood elevations. Mr. Edeen responded there have been no complaints in any form. Mr. Edeen advised there is a Buffer Creek building in the flood plain which would be subject to high insurance rates. Mike Garcia options for detailed area studies. Gene Jensick explained how the areas are determined which need detailed studies and approximate study Resource Recovery House Bill 104: Road & Bridge areas. Mr. Edeen stated one of the reasons for this meeting was the Planning Commission recommended 4 to 1 to appeal the ten detailed study areas. Since that time additional information has been received. Discussion followed on high hazard area differences and F.I.A. Regulations, County Building and Sub- division Regulations in regards to 12 inches opposed to 18 inches . Terrill Knight, Planning Director, advised the Board the practice has been to completely avoid flood plain areas or request a flood plain study. Discussion followed on flood plain insurance and being located in designated flood plain areas. Mr. Edeen requested the record reflect the public has been given the opportunity to appear at this hearing to protest the ten designated flood elevations but there have been no public comments. Mr. Edeen advised within six months the County must adopt Flood Plain Management Regulations that are acceptable to F.I.A. to remain eligable in the Flood Plain Insurance Program. Beth Riggert, County Attorney, presented a letter written to Martha S. Walters concerning the Urban Grant project. Chairman Grant advised this letter is a request for supplemental funding to the Budget revision of the Solid Waste Resource Recovery program for a total of $25,356.00. Commissioner Williams moved to sign the letter to Mrs. Walters. Chairman Grant seconded the motion as Commissioner Troxel was out of the room. The vote was declared unanimous'of the two voting and the letter was signed by the Chairman. Beth Riggert, County Attorney, stated the next item on the agenda is a public hearing pretaining to proposed regulations.for House Bill 1041. Ms. Riggert gave introduction to the Bill stating it provides that local governments can designate. certain areas for State interest and adopt guidelines and regulations for development in those areas. There are seven areas that the State Legislature had designated. These proposed regulations cover the following three: 1. Site selection and complexion near domestic water and sewage treatment systems 2. Major extensions of existing domestic major water and sewage treatment systems 3. Efficient utilization of minicipal and industrial water projects. Ms. Riggert.advised these proposed regulations are basically derived from the Model Land Use Regulations that have been issued by the Colorado Land Use Commission. Many of the provisions within these regulations are verbatum from the House Bill 1041. Public notice has been given in the newspaper and a letter has been sent to the Colorado Land Use Commission as described by law. Ms. Riggert advised there are five chapters in the proposed regulations. Chapter I - Administrative regulations Chapter II - Establishes permanent authority Chapter III, IV, V - steps and regulations of these three areas Ms. Riggert requested the hearing be tabled until her expert witnesses could be present. Terrill Knight, Planning Director, discussed the impacts of the areas listed; specifically the domestic and Municipal Water systems Eric Edeen, Health Officer, discussed water sources and treatment plants. Ms. Riggert advised the Planning Commission recommends approval of, the regulations. Discussion followed on deviations between the regional 208 plan concerning waste water and pollution and House Bill 1041 concerning drinking water problems and development of water systems for portable wastes. Pete Burnett, audience member, questioned if this will cover tailings of industries. He also asked in the event there is a situation where a water diversion is being done on the boundary line'6f the County who will have jurisdiction. Ms. Riggert gave her legal opinion on the subject. Harold Bellium questioned who would have control of water above a plant. The Board agreed the County could not overrule a decision made by a municipality. Commissioner Troxel moved to continue this hearing until 2:30 P.M. April 14, 1980. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous.. Craig Colby, Purchasing Agent, approached the Board concerning acquisitions for some trucks for the Road and Bridge Department. He presented recommendations, based on the evaluations from Doug Pilcher and himself, for the asphalt program and maintenance for the County. Mr. Colby stated the Staff established and submitted a price of $51,963.00. The dealer has two trucks in stock which he is willing to let go for $51,500.00. Doug Pilcher, Road and Bridge Supervisor, stated he originally estimated, in his budget, $110,000.00 for two trucks based on last years prices. Due to increases, this quote is higher than previous quotes and does not include the box or sander. Mr. Pilcher feels, due to down time of the Fords, money can be saved by going to different companies for bids on the box, plow, sander, and pup trailers. Discussion followed on present equipment and equipment needed to be purchased in the future. 486 Proceedings of the Board of County. Commissioners 25th day March _ .-term 19 80 Commissioner Williams questioned if all the money should be used to purchase lease equipment or should some be left for road construction. Commissioner Troxel questioned if the capital outlay has been exceeded. Mn. Pilcher stated he hopes to use less asphalt patching, more chip coating and gravel to eleviate costs, but he still needs the additional equipment. The Board concurred that no project should be dropped. They should stay with the programs stated in the budget and try to raise $100,000.00 to finish the Lake Creek Road as planned. Commissioner Troxel moved, in regards to items budgeted, to stay within the budget amount,and the amount of capital outlay for 1979-80 if there is any carry over. And at this time not to vary from proposed programs set up for 1980. Commissioner Williams seconded the motion and gave directions on Lease/Purchase as any equipment that was identified in budget preparation being on a three year maximum basis. Chairman,Grant declared the vote unanimous. Doug Pilcher discussed the refinancing of the unimog purchased earlier and requested a lease/purchase contract be signed. The finance interest being 12% on the unimog. The Board would not agree to sign a contract to refinance the unimog unless a cheaper interest rate could be obtained. Terrill Knight, Planning Director, stated the next item was a continuance on Big Hat Subdivision Improvements Agreement hearing. The Staff has been sending notices to property owners and area residents who requested to receive information on meetings. The previous meeting was held on January 7, 1980 at which time the Board gave Mr. & Mrs. Patton 30 days to submit a Subdivision Improvements Agreement. At that time the Staff was not able to get dificiencies in the Subdivision Improvements Agreement completed. This has been done now. A meeting was originally scheduled for March 10 but at the subdividers request was postponed until this meeting. As of this date the Staff has not received a Subdivision Improvements Agreement and a plan for complete compliance with the original conditions of the agreement. Therefore, the subdividers have not met their requirements and the Staff recommends legal action be taken. Bill Hodges, representing Mr. & Mrs. Patton, stated they do not have an amended Subdivision Improvements Agreement because of a time problem. They had met with the Staff and requested additional time. Mr. Hodges stated another reason the agreement has not been submitted is to give the Boarda chance to talk with the subdivisions engineer in regards to the Fire Protection System and the domestic water system. There are some problems with installing an alternate system and some homeowners are strongly opposed to the alternate system. Mr. Hodges requested to give testimony as to why the agreement has not been complied with. Craig Blockwich, representing the homeowners, questioned why testimony should be heard on the water system at this time. Mr. Hodges stated he believes he has compelling reasons for the alternate system being necessary. Mr.. Blockwich believes legal action should be instituted immediatly. The homeowners are proceeding with a lawsuit as nothing has materialized for the water plan and improvements for the plan do not exist. Terrill Knight stated the Staff feels if an equal or better system than the original can be supplied they have no objections to a better system. The Staff has received only two items on this project. 1. Opinion of local fire chief concerning adequacy of the fire system 2. Concerns on painting of interior of water tanks. The Staff has received no alternate plan to review. Mr. Hodges stated a meeting was held with the Planning Staff previously to discuss an alternate plan but they were told no alternate plan could be submitted because of the ruling by the Board of County Commissioners in January 1980. Commissioner Williams stated he understood the Board wanted complete compliance with what was approved. He feels it is incumberant on the developer to build what has been approved. Terrill Knight pointed out deviations from the original plan. Mr. Flockhart stated he has had two different engineering firms reviewing the project. The engineers would, if necessary, testify in court. Both firms agree the system could be improved. Commissioner Troxel concurred with Commissioner Williams the motion is explicate and does not deviate from the original plans as approved at final plat stage. Commissioner Troxel moved to continue the same motion as presented on January 10, 1980 and to stress to the County Attorney to pursue all remedies to have this subdivision come into compliance or the subdivision will be denied. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Beth Riggert, County Attorney, read into the record, by request of Bob Larsen, the letter of January 10, 1980 from Mr. Larson. The letter states he is satisfied with the subdivision as it is. He feels the original fire protection system was a poor design and the alternative proposed would be more'feas$bTe. Mr. Hodges questioned if the Board was denying testimony on the alternate plan. The Board concurred the testimony should have been presented at the previous hearing. Ms. Riggert explained the Board's position as that a motion was made at the January 10, 1980 meeting wherein the subdivider was directed to comply with the approved plans. Alf Gardner, Basalt resident, appeared to make a presentation for Valley Vision T.V. on video tape. He presented a request for funding of $7,000.00 to help keep the video tape system. The tape intended for the Boards review proved to be the wrong tape. Mary Mann, representing Valley Vision T.V., spoke to the Board on why video tape surveys from the Basalt -E1 Jebel citizens could provide a better forum for important issues. Chairman Grant stated the budget is very close at this time there is no $7,000.00 available for funding of this type. He advised the time to request funds is at the Budget Hearings in August and September. Mary Mann and Tim Lorenz discussed problems with getting fundings for the taping. Commissioner Troxel suggested submitting their request at budget time. Commissioner Williams advised them to return with itemized figures. He stated he is in favor of the concept. The Board concurred they are willing to write a letter stating Eagle County is in full support of the program but have no funds available at this time. Chairman Grant suggested the Board members donate $25.00 each as individuals. Commissioner Troxel and Commissioner Williams agreed. Commissioner Troxel moved the Board adjourn as Board of County Commisioners and temporarily reconvene as the local Liquor Licensing Authority Board. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Beth Riggert, County Attorney, stated this is an application hearing for a hotel and resturant liquor license. The tradename of the establishment is Wiegners at Old Orchard located at 1454 State Highway 82. Big Hat Sub- division Improve ment Agreement. Valley Vision T.V. Liquor License Hearing t Proceedings of the Board of County Commissioners_ 25th day Marchterm 193Q-- gao 48 19— t9— Dan Dan Wiegner, applicant, was sworn to testify by the County Clerk. Ms. Riggert presented the application and individual history record stating the finger print cards have been submitted but not returned. A criminal history had been run. Ms. Riggert presented a drawing of the building and questioned the applicant if he was applying for an extended hours scheduled license. She requested the applicant to furnish a deed of the property to prove sole ownership. Ms. Riggert advised First National Bank of Aspen has a financial interest and they should be inserted on the license. Commissioner Troxel moved to approve the Hotel and Resturant liquor license application conditional upon receiving a copy of the deed and approval of the County Attorney. Another condition being the First National Bank of Aspen be shown to have financial interest in the establishment on the Ii,cense;l Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved to approve the extended hours application for the Wiegners at Old Orchard Resturant. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Bellyache Ridge Tom Hunt and Bernadine Cruze, Bellyache Ridge Homeowners Association appeared to discuss formation of Home Owners a fire district. They requested the Board's feelings on this matter. Assoc. Commissioner Troxel discussed his opinion to forming a fire district. He stated he dislikes proliferation of districts but sees no alternative in such a remote area. r Mr. Hunt questioned the Board on their feelings for forming a Metropolitan District. The Board Advised Mr. Hunt to contact his attorney on the procedures and return for a hearing before the Board. The Board thanked Mr. Hunt and Ms. Cruze for appearing. N There being no further business to come before the Board this date the meeting was adjourned until March 26, 1980. Chairman t Attest: C'rk to t e Boar Proceedings of the Board of County Commissioners 26th day March __term 19 8o __ 19 SPECIAL MEETING Present: Dale Grant Chariman Susan Vaughn Planner Dan Williams Commissioner Jo Ann Deighan Health Assistant Keith Troxel Commissioner Eric Edeen Health 0-ficer Terrill Knight Planning Director Johnnette Phillips Clerk to Board Tom Boni Assistant Planning Director Mary Merklin C.R.S. This being the regular day for planning matters to be heard the following items were presented. Jo Ann Deighan, Health Assistant, appeared to discuss items of the Resource Recovery Project. Resource Ms. Dieghan introduced Bill Franklin, Consultant, who gave a brief outline of Phases II & III of the Recovery project. Mr. Franklin explained the book that outlines the plans of action in the phases of study. He stated the important thing is how it relates to the nature of urban grant programs and how it leads through a step -wise decision process to implementation or non-implememtation. There are potential viable markets and they have identified four prospective customers. Phase I - Decision to continue Phase II - More specific study of 1,2,or 3 alternatives. Indepth analysis of what was identified as a go decision of Phase I Phase III - procurement planning Phase IV - construction Phase V - operation Mr. Franklin listed the scenarios they will be looking at: 1. Wood waste at Kaibab and Kaibab as a customer for energy from wood waste in addition to elecrical generation. Phasing out of the stockpile west of town. 2. Adding municipal solid waste in the same location 3. Essentially no involvement of Kaibab but a site for electrical generation from the municipal solid waste and sewage sludge. 4. To investigate co -disposal of municipal solid waste and sewage sludge 5. Beaver Creek resort facility Mr. Franklin advised they would be moving into the scenario analysis shortly after the first of April. Erik Edeen, Health Officer, advised that with or without resource recovery involving Kaibab, they will be working with Kaibab on compliance plans for the existing stock pile. Dwaine Kent, representing Kaibab, discussed the stock pile of waste products. Commissioner Troxel commended the Enviromental Health Department and the consultant on the project stating he approves of the project. Request: Zone change for 117 acres from Resource to Residential Suburban Low Zc-121-80 Location: North and South of Hwy 6 at Lake Creek, in Section 6, T5S R82W Brett Ranch Susan Vaughn, Planner, introduced the next item as a request for a zone change on 117 acres from Resource to Residential Suburban Low Density. She pointed out the location on the plat. Steve Isom, Denton Gutting Architecture and Planning, advised there are three items on today's agenda pretaining to this item 1. Request for zone change 2. SUP to allow a horse stable 3. Review of the sketch plan Mr. Isom pointed out and discussed the area requested for RSLD zone. He discussed the Upper Eagle Valley Sanitation Sewer District. Mr. Isom stated the access has been discussed with the Highway Department. The access was explained to the Board. Mr. Isom presented aerial photos of the area in relation to the project and discussed why the zoning is appropriate. This submittal answers concerns of the Planning Commission density, historic structures, lot layout, sewer, Highway 6 access, private roads, water systems, road visibility, building envelopes, flood plain areas and architectural and visual design control. Commissioner Troxel questioned how many units could be built on the lots. Susan Vaughn advised the County Zoning Resolution states non -developable land is excluded from density calculations. This leaves approximatley 3 units per developable acres. Mr. Isom stated there are approximately 25 to 27 acres of developable land which allows approximately 75 units maximum. Ms. Vaughn presented the following letters: 1. Ed Stinley - opposed 2. Dean Leota - opposed 3. Dave Menick - opposed 4. Cynthia Esquith - opposed 5. Bruce Batting - opposed 6. Nancy and Peter Schrowsky - opposed 7. Mr. & Mrs. Donald Johnson - opposed The Staff recommended denial of the zone change as they believe the project is located too far outside the Edwards Minor Urban Center to allow RSLD zoning. Ms. Vaughn read from the Zoning Regulations in the County Master Plan. The Staff feels there is potential for such large population growth of which impacts have not been mitigated. It is important to be careful of approving new development until previously approved lots are built on and utilized. This proposal will continue strip development. The Staff believes the Master Plan encourages buffer zones to preserve the open rural character of the County. The Staff agrees the developers have done a good job but it is premature for development. Mr. Isom stated this proposal does not affect Lake Creek Meadows; although all the opposing letters are from residents of Lake Creek Meadows. He feels they are already a part of the development. Ms. Vaughn stated the Planning Commission recommended unanimous approval. Bill Post, attorney for the developers of Brett Ranch, discussed the density of the surrounding area. Mr. Post questioned how to ignore the development already there and how this project could contribute to strip development. Terrill Knight, Planning Director, stated developing between the areas is what makes strip development. Don Welch, resident of the area, questioned amending the County Master Plan after it has been created. He does not feel it would be sensible. Chairman Grant advised the Master Plan is outdated and needs to be updated. It is an on-going workshop all the way through the Master Plan. Chuck Betcher, Lake Creek Resident, believes the Open Space plan is updated as of February 1980. He sees this plan as inconsistant with some of,the most recent approvals. He pointed out the necessity of being consistant in approving developments. He sees approval of this project as a devasting blow to the deterioration of the quality of the valley. Bruce Batting stated the project is in Lake Creek Valley and he is opposed to the zone change. Su -120-80-F Eagle Hills Sm -141-79 York Townhouse Sm -172-80 McElroy Duplex Sm -174-80 Jackson/White Sm -161-80 Shelter Development Proceedings of the Board of County Commissioners 26th day March ^term 19--u 19— Tom Hisatia responded to the comments on the Open Space plan and pointed the project out on the. chart in comparision to the Open Space Plan. He pointed out the figures used are exactly what is used in the project. B.J. Brieeon, Lake Creek Meadows resident, concurred with the Staff's opinion. He questions whether the area is going to be over developed. He is opposed to changing the zone at the present time. Terrill Knight responed to Mr. Hisatia's comments on the Open Space Plan in relation to the Brett Ranch property. This area is reflective of Open Space qualities and the Staff's recommendation stands. Bill Heicher, Division of Wildlife, has problems with the subdivision because of dogs and wet lands in the area. In December of 1973 the Division of Wildlife pointed out to the County the importance of wet lands and areas they felt should be preserved. This area should be protected as unique. Commissioner Williams discussed the density of the area. Commissioner Williams moved to deny Zc-121-80 as it is inconsistant with the Master Plan in regards to it being outside of an identified minor urban center as identified on page 37 of Goals and Objectives. It is inconsistant with the Master Plan as identified on page 36 in regards to balanced growth. There are numerous existing lots available. Thie proposal is premature. Page 99 section 10-03-04 of the Zoning Resolution states it is the resposibility of the developer to carry the burden to provide evidence that rezoning is desirable. They have failed in item "a" because the Master Plan identifies this area as opposite of the request and the developers failed to demonstrate a county need for the development. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Mr. Isom advised he was withdrawing Zs -110-80 SUP and Su -135-80-S Sketch Plan. Request: Final Plat approval for 9 lots in the RR zone Location: Tracts 42 and 43, T5S, R84W - adjacent to Kaibab Subdivision Tom Boni, Assistant Planning Director, stated the next item on the agenda is the final plat review of Eagle Hills. He located the property on the plat. This property has been approved for rural residential zoning. The preliminary plan included a number of lots that showed future access. Mr. Boni advised the Planning Commission recommended approval conditional upon: 1. Tract 42 (on drawing not meeted and bounded) be added to final plat front lot line. 2. Driveway cuts be submitted to County The Staff recommends to confirm property that is required to bring access from the cul-de-sac to the property line. The Staff has recieved a deeded right-of-way from Mr. Evancho. The easement has been recorded with the Clerk and Recorder. The Staff advised the need of a Subdivision Improvements Agreement formalizing the construction and program of the final plat which incorporates the entire property. There is a fear of an illegal subdivision. being formed outside the lot line. Tom Coyle, Eagle Town Manager, spoke of the water provisions of 13 taps for the area. The only problem is the tank site easement is not included on the plat. Mr. Boni stated the Staff recommends tabling this item until they are in receipt of a Subdivision Improvements Agreement and the issue of the agreement with the Town is resolved concerning the site for the water tank. Mr. Boni advised the Board originally included the tract in the preliminary plan. The Staff would have to redisign the drawing to include the boundary of property for use of the tract. Mery Lapin explained why the tract was not included. The Subdivision Improvements Agreement cannot be done until determination of if another map .should be drafted. Dave Silvers, Eldorado Engineering, discussed the minimum local standards for driveways and accesses. Chairman Grant questioned how long it will take to complete the items that need to be completed on this project. Tom Boni stated the water situation is critical. Until the Town agrees the developer has met the requirements of their agreement the developer does not have water. Mery Lapin stated this is not true. They have met the requirements of. the Town. The Town has not made their decision of where the tank easement should be located. Tom Coyle stated the Town has accepted a blanket easement of 10 acres. It would be to the developers benefit, in terms of title insurance, to get the site specific easement to exact property. The Town will accept it either way. Commissioner Troxel stated he would have no objection to a letter from the Town and developer stating they have committed to establishing a tank site. Jim Jacobson, attorney representing the developers, stated there is a question as to whether there is an agreement from the,Town for a tank site. There is a valid water agreement. Commissioner Troxel moved Su -120-80-F be tabled not to exceed 30 days to give the developers and Town enough time to satisfy the Staff's request for a valid water agreement and tank site agreement. To submit a Subdivision Improvements Agreement to be approved by the County Engineer. Commissioner Williams seconded the motion. Commissioner Troxel amended his motion to state the final plat as presented at the next meeting will resolve the Tract 42 question to the satisfaction of the Staff. This item will be heard at the set planning meeting of April 30, 1980 or before at the applicants request. Commissioner Williams seconded the amendment and the Chairman declared the vote unanimous. Request: To subdivide a duplex in Eagle -Vail Location: Lot 4, Block 8 Eagle -Vail #1 Tom Boni, Assistant Planning Director, stated the next item is York Townhouses Minor Subdivision. The Staff recommends approval of the subdivision. Commissioner Troxel moved Sm -141-79 be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: To subdivide a duplex in Eagle -Vail Location: Lot 3, Whiskey Hill, Eagle -Vail Tom Boni Adressed the next item as McElroy Duplex Minor SUbdivision. The Staff recommends approval of this subdivision. Commissioner Troxel moved Sm -172-80 be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: To subdivide a duplex in Eagle -Vail Location: Lot 2, Block 7 Eagle -Vail #1 Tom Boni stated the next item was Jackson/White Minor Subdivision and the Staff recommends approval. Commissioner Troxel moved Sm -174-80 be approved. Commissioner Williams seconded the motionand the Chairman declared the vote unanimous. Request: To subdivide a duplex in Eagle -Vail Location: Lot 3, Whiskey Hill, Eagle -Vail Tom Boni, Assistant Planning Director, stated the next tiem was Shelter Development Minor Subdivision. The Staff has received no final plan or site plan. The Planning Commission recommended denial of this because of a lack of information. Commissioner Williams moved Sm -161-80 be denied due to a lack of interest and information from the applicant. Proceedings of the Board of County Commissioners -26th day March _ term 19 80 Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Preliminary plan review of 24 units Location: Farmhouse Exception - Eagle -Vail (Central) Tom Boni, Assistant Planning Director, stated the next item on the agenda to.be.heard was Fairwaye Green which had been tabled from a February meeting. Stuart Brown, representing the applicant, stated that at a previous hearing on this matter the applicant and Grouse Mountain at Vail had legal action pending. At that time a request was made to table this item. Mr. Brown requested, at this time, to table this hearing again. Commissioner Troxel moved to table this item until April 30, 1980 at the request of the applicant. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Tom Boni introduced the next item as a discussion of Fairwaye Green. Fred Otto, representing Grouse Mountain at Vail, appeared to discuss the situation. At the time Allen Brown purchased the property the seller put a deed restriction on the property limiting the development to only one unit on five acres. It has been Grouse Mountains position that if there is any development on five acres tracts that it be consistant with the surrounding area. Consistancy is defined as: 1. Use should be residential not commercial 2. Building configuration 3. Lot configuration 4. Density Mr. Otto explained the areas density. Stuart Brown stated Grouse Mountain owns no land in the area at this time and they have made a written offer to buy the land. The Board concurred to put appropriate weight on the comments. Request: Preliminary Plan review of 68 lots in the RR zone and 8 parcels in the AR zone Location: Section 21, 22, 27, and 28 of T7s R87W (Missouri Heights north of Fender Lane) Tom Boni, Assistant Planning Director, stated the next item is Grange Ranch. This is a preliminary plan review of approximatley 390 acres which has been zoned both Agricultural Residential and Rural Residenti He pointed out the location on the plat and other subdivisions. Dick Jen6in95 advised that at the zone change the Board of County Commissioners approved 2 acre and 10 acre lots. There was no commercial zone approved. Mr. Jennings stated they have been able to resolve the legal water problems in the augmentation plan. The only major opposition was from the Reservoir Company who were concerned about wells.The applicant agreed there would be no wells in the corner and would leave 30 shares of water each year in the reservoir. Opposition was also filed by two neighbors. The opposition from Blue Creek Ranch has been resolved. There is a verbal agreement with Don Witt that his water will not be damaged. Mr.!,'Jennings advised the water situation is in good shape and the hydrology study indicated they would not be attribitory to the Blue Creek drainage. He presented a letter from the Basalt Water Conservation District expressing concern about Blue Creek drainage. Mr.vrJenni.ngs pointed out and discussed tennis court, picnic and playground area, horse back trail, hiking and cross skiing trails and the equestrian center.They have been working closely with the Staff on the perk tests and septic tanks. Mr. -Jennings advised the central ranch will be deeded so it will never be subdivided. Eric Edeen, Health Officer, stated he had concerns on a large number of septic tanks. The septic tanks should be located 300 feet away from water system sources. Dave Grounds, Engineer for the project, discussed the roads and improvements to be made on the El Jebel road. He recommended the road be improved to include 6 foot shoulders and an additional two feet of asphalt which would improve the capacity from 405 single family dwellings to 512 single family dwellings. The improvements would cost approximately $100,000.00 to $150,000.00. He does not feel the developers should carry the total expense. Commissioner Williams questioned what the road standards were. Road standards were discussed. Chairman Grant stated the power site will have to be upgraded in that area and move the power poles off the road onto the developments property. Eric Edeen discussed his concerns of getting another homeowner operated water system in this area. Discussion followed on joining a water district and the availability of water. Tom Boni stated the Staff recommended tabling this item and listed concerns they -have: 1. Length of cul-de-sac of Reinert Road 2. Width of bulb should be 90' radius 3. Additional details on intersection with Upper Cattle Creek Road 4. Water system should be designed for gravity flow to all lots 5. Well site should be left undeveloped 6. Additional Open Space should be provided on a North-South allignment in center of development 7. Building envelopes should be located further from power lines 8. Building envelopes on lot 41 should be relocated, (moved downslope) 9. Reallignment of Stenger Dr. to soften curve 10. Water lines should be outside of constructed roadway 11. Fire hydrants should be located within 300 ft. of any house or a minimum of 600 feet apart 12. Feasibility of E -T sewer systems should be evaluated on steeper lots, i.e. sizing vs. grading 13. Committments to E1-Jeble Road must be established 14. Further describe disposition of Ranch 15. Childrens recreation should be included in plan Chairman Grant questioned if the ditch on the property will continue to be used. Commissioner Williams stated that from his experience roads and ditches located together do not work. He stated he cannot commit to any improvements to the roads and unless the developer can do the committment to the E1 Jebel Road independantly of the county they probally should not proceed. Mr. James feels Grange Ranch should receive a similar committment as Blue Creek received. The developers agree to do their fair share. Tom Boni stated the Planning Commission recommended approval providing that: 1. Developers plat restrict the ranch site to prevent future development 2. Septic systems require engineer design 3. Commitment be raeched on improvements on E1 Jebel Road 4. Written commitment as to the amendability of the development to join a district. Chairman Grant stated he would object to any lot that has a booster pump. He wants to see water rights on each lot remaining. Commissioner Troxel moved Su -117-79-P be tabled until April 30, 1980 until the following conditions, expressed by the Planning Commission, can be satisfied at Staff level: 1. Developers plat restrict the ranch site 2. Plat note be added stating septic systems require engineer design 3. Commitment be reached on improvements to El Jebel Road Su -119-79-P Fairwaye Green Fairwaye Discussion Su -117-80-P Grange Ranch (Aspen View) Proceedings of the Board of County Commissioners 26th day March _—term 19go Su-132-80-P D -J Group/ Red Canyon Resolution Valley PUD Alternates for Planning Comm Forest Service Management Unit Plan Master Plan Discussion 19 To also include the Staff's recommendations. The developer define concerns over Open Space and lot con- figuration in different areas which were shown in this hearing. The developer will join a district if it is formed. The water right situation concerning the ability to have the developer commit to keeping the water rights on the property and not disposing of it by sale or trade. Commissioner Troxel included in his motion the off-site impacts of Fender Lane which is adjacent to the property in question. Commissioner Williams seconded the motion. Commissioner Troxel amended his motion to include the water system as it now is presented, although it may be covered by a district at a later date. Commissioner Williams seconded the amendment and the Chairman declared the vote unanimous. Request: Preliminary Plan review of 8 lots in the RSL zone Location: Part of Tract 56, Section 26, T4S, R84W (Approx. 31-z miles east of Eagle Diamond J property) Tom Boni, Assistant Planning Director, stated the next item concerns the D -J Group/Red Canyon property. He located the area on the plat and discussed the road as being private. The Planning Commission recommended approval of 8 lots with residential sites with the condition a plat restriction be added to prevent future subdivision and development of land to the south of the river. At preliminary stage.lots.6 & 7 extended to the south side of Eagle River. The Planning Commission would like to have the plat note the area south of the river shall not constitiute seperate building sites. They would also like a plat note requiring an engineered septic system. Mr. Boni advised the Staff had requested the applicant to provide additional water rights inventory. This has been done. Prior to final plat approval the Staff will require all augmentation plans to be in final form. The Staff believes there is adequate water available and they recommend approval. Sam Johnson, member of the D -J Group partners, stated they have approximately 1.85 CFS of water rights. There is an existing well located on Lot 1 which is pumping approximately 26 gallons per minute. Chairman Grant questioned if the applicants have adjudication for the well. Commissioner Williams questioned the storage capabilities. Mr. Johnson stated the preliminary engineering plan for the water system includes a 25,000 gallon storage tank which will be centrally located for fire protection. The covenants restrict domestic animals to two. Discussion followed on County dedication on private roads and bringing roads up to County standards. Commissioner Troxel moved Su -132-80-P be approved with a plat restriction preventing further subdivision on the project, specifically lots 6 & 7. The plat will state any dogs in the subdivision will be chained or confined to a run. Commissioners Williams seconded the motion. Commissioner Troxel amended his motion to state lots 6&7 south of the river will not be considered seperate building sites or lots. Commissioner Williams seconded the amendment and the Chairman declared the vote unanimous. Tom Boni, Assistant Planning Director, presented a Resolution concerning the Valley PUD. Beth Riggert, County Attorney, explained the State statute exemption from Senate Bill 35. She stated Mr. Post's proposal is a resolution that is an exemption from County subdivision regulations. By State statutes if a proposal is submitted that is not within the intent of Senate Bill 35 it may be completely exempted therefrom. Bill Post, attorney for applicant, explained what and why the PUD plan was approved for the Valley. He discussed the resolution and phases that would need approval for exemption. Tom Boni stated that because of pending litigations between a number of parties involved in the Valley the Staff looked at the 8000 square feet and basically indicated they would recommend approval of this exemption process which would help settle the dispute if they could get a clear commitment on the improvements of the road as being part of the approval of the exemption. Ms. Riggert stressed the fact this proposal is only to exempt the dividing of the whole parcel into seven parcels so they may be sold in parcels. All of the parcels have to come in seperatly for subdivisions. Bill Post discussed the seperate areas and plats that would have to go through the County subdivision process. Jim Cunningham explained the area has been down zoned from 145 units to 135 units. Mr. Post agreed to add a restriction to the plat of any applicable subdivision;regulations. He advised the resolution states each phase is subject to preliminary final plan. Commissioner Troxel moved to sign the Resolution and include in the PUD plan page 2 section 4. They shall comply with section 3.11.0 in the Zoning Resolution of Eagle County and any and all applicable subdivision regulations. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Terrill Knight, Planning Director, advised the Board of the previous appointments as alternates to the Planning Commission: 1. Bud Gates as alternate for Ernie Nunn 2. David Green as replacement for Stuart Canada as an alternate for Mery Lapin At that time the Board had temporarily extended Arnold Nottingham as alternate for Ann Holland. Alf Gardner was temporarily appointed as an alternate for Dieter Sander. Dick Turgeon had been temporarily appointed as alternate for Don Price. Dick Turgeon appeared and expressed his willingness to remain as an alternate on the Planning Commission. Commissioner Troxel moved to appoint Dick Turgeon as an alternate for Don Price. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams moved Arnold Nottingham be appointed for a one year term as an alternate for Ann Holland. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams moved, before the third appointment is made because there is another interested party, the Staff contact Mr. Copeland and request him to resubmit his letter request for an alternate position on the Planning Commission. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Terrill Knight, Planning Director, presented letters from U.S. Forest Service concerning their Management Unit Plan. He located the two proposed areas on the map. This map is primarily in response to the impacts of cross country skiers and the Red Cliff water system. The Forest Service is reviewing comments made by agencies. Commissioner Troxel suggested limiting cross country skiing in Turkey Creek. Commissioner Williams stated this area has a history of being a multi -use area. He believes the Forest Service should do something to eliviate the pollution in the stream. Commissioner Williams feels the Town of Red Cliff has jurisdiction over parking and other related problems. This area should be continued as a multi -use area. Terrill Knight, Planning Director, opened discussion on the County's relationship with the Town of Eagle. He stated they have discussed the Master Plan with the Town Manager and the Town has agreed to cooperate when doing the master plan. 492 Proceedings of the Board of County Commissioners 26th day March __term 19 80 Commissioner Troxel moved the Staff negotiate with the Town of Eagle on the Master Plan. Commissioner Williams seconded the motion and the Chairman declared the vote uanimous. 19 -- Beth Riggert, County Attorney, presented the agreement for the construction of Lake Creek Bridge. The contractor has signed the agreement. Ms. Riggert advised she has received a Certificate of Deposit for $30,000.00 from Ventres -Landauer Construction Company as one of two bids submitted. Commissioner Williams moved to sign the agreement for construction of Lake Creek Bridge with Ventres -Landauer Construction Company. Commissioner Troxel seconded the motion and the Chairman declared the vote uanimous. There being no further business to come before the Board the meeting was adjourned until April 7, 1980. 4'a J-11" -'g� Chairman 1 Attest: ��/ erk to the Boar Lake Creek Bridge Agreement Proceedings of the Board of County Commissioners -_--l- day April term 19 80 Present Dale Grant Dan Williams Keith Troxel Beth Riggert Chairman Commissioner Commissioner County Attorney SPECIAL MEETING Mick Kasher Beth Riggert Johnnette Phillips Mary Merklin Administratior County Attorney Clerk to the Board C.R.S. The following bills were examined, approved, and warrants drawn on the proper funds for the same in full payment thereof: GENERAL FUND 493 19 - County General Fund Payroll $112,169.34 Dale Grant Court Lunch Expense 3/20/80 16.07 United States Postal Service Postage 6,000.00 Raymond the Printer Supplies 1,028.56 Hoeckels Statement of Feb 27th 48.30 Johnson, Kunkel See Billing 10,222.08 Intergovernmental motor pool Mileage 639.90 Sun Television & Appliances, Inc. Inv. #G315097 85.00 3-M Business Products Supplies 405.34 Business & Office System Supplies 37.03 Mile High Engineering Supply Co. Map Case 603.52 Eagle Computer Systems Computer Service 38,526.41 W. Keith Troxel Travel Expenses 173.48 Law Enforcement Equipment Co. Supplies 1,559.00 West Vail Texaco Invoice 3772 20.00 Eagle Valley Telephone Co. Service 450.88 Mountain Bell Service 327.04 Dick Wheeler, Inc. Collision Inv. #351339 200.00 Eagle County Treasurer Petty Cash 100.00 Mountail Linen Service Linen Service for Jail 104.31 Beasley's Super Foods Supplies 463.82 Mary J. Merlking March Billing 89.70 Beth A. Riggert Travel Expenses 8.68 Beth A. Riggert Copy Work reinbrusement 29.00 Office of the District Attorney Payroll 5,891.58 The Vail Trail Legal Notices 28.08 Colorado State University Invoices D95171 56.85 Hugh Glassier Travel Expenses 15.40 Holy Cross Electric Assn. Inc. Service 41.30 Rocky Mountain Natural Gas Co. Service 170.57 Wilson Radio & T. V. Beacon Lamps 132.21 Animal Contral Petty Cash 18.67 Hometown Supply Co. Supplies 420.80 Convenient Shoppe Supplies 9.10 Basalt 66 Supplies 65.79 William A. Nusz Vaccinations 49.00 Alpine Animal Hospital Supplies 14.00 Eagle County Trash Co. Service 54.20 W. W. Granger, Inc. Invoice #216 149.67 Newark Electronics Nivoice 18425-00 869.87 Edgewater Typewriter & Office Systems Invoice #30174 119.00 George H. Wear Travel Expenses 175.56 Coca-Cola Bottling Co. Service 65.00 Lindsey's Inc. Invoice #6455 109.62 Commercial Office Products Invoice #11879022 §.12 G. A. F. Corporation Invoice #25387 763.45 Copy -Rite Paper Co. Supplies 144.00 Quinlan Publishing Co., Inc. Subscription 30.00 Book Distvibution Center Invoice # Attached 28.12 Eagle Valley Enterprise Legal Notices 134.60 Zep Manufacturing Co. Supplies 108:25 Glen Curtis Material & Labor 287.65 Eagle Electric Wiring 302.14 Legyon Plumbing & Heating, Inc. Repair of Furnace 3,153.35 Diane Wilmore Replace & Repair Gym Door 112.50 Kathy Peterson Reimbursement for tapes 7.43 Community Development Services, Inc. Renewal for Housing Affairs Letter 117.00 Futuremics, Inc. Subscription 20.00 Burk Land Surveying Co. Plat Check • 42.00 Wright -McLaughlin Engineers January Billing 8,469.20 Fortune's Pizza Invoices #2 & #7 58.60 H. R. Service Invoice #14140 1.58 International Assoc of Plumbing Invoice #25625 73.75 The Denver Post Classified Ad 14.08 Franklin Associates Consultant Services 6,963.09 Reprographics Invoice #13103 124.00 Dorothy Herres Mileage 44.80 Roger Brown Mileage 19.60 Marka Mosher Mileage 44.80 John Behrend Mileage 44.80 Graeme Wookhouse Mileage 71.68 X94 Proceedings of the Board of County Commissioners Kistler Kwill Marshall and Swift Eagle Computer Systems Ella F. Bindley Gary Shields Ruth Shelton Stuart Satskey Intergovernmental Motor Pool Fund 3-M Business Products Prentice Hall, Inc. Eves Print Shop Dave Wagner Colorado West Information Service Donna Meineke Valley Lumber Company Boise Cascade Building Materials Center Sir Speedy Instant Printing Center Broadway AMC/Jeep The Eagle Pharmace Collett Enterprises, Inc. Gabriel Fajardo Daniel A. Parker John Leake Firsh Bank of Eagle County First Bank of Eagle County The Eagle Valley Enterprise Hubert Peterson Direct Safety Company Heockel's Walter F. Stephens Jr., Inc. Charles H. Martschinske Gambles James Cichantek James Chichantek Law Enforcement Equipment Co. Anita R. Hauss Craig Colby District Court of Eagle County Michael J. Kasher Michael J. Kasher Jack D'Orio Dudith Rude Beverly Shelden Colorado Big Country RD&D Area Manpower Training and Development Program Holy Cross Electric Assn., Inc. Raymond the Printer Hometown Supply Buckeye Gas Products Town of Carbondale Jefferson Bank & Trust Newark Electronics Rio Grande Motor Way, Inc. McLean Trucking Desks Incorporated Claude L. Gerard George H. Wear Melton E. Atwell Secretary -Treasurer, CARSE Mountain Bell Eagle County Nursing Service Eagle County Nursing Service Margie Gates, PHN Helen Molcson Cecilia Schmidt Penny Holmes Jane Merritt Nettie Reynolds, CNA Hazel Higgins Phyllis Bohlen, R.N. Cela Waringa Vail Valley Medical Center Colorado Public Health Assoc. Margie Gates, PHN Colorado West Mental Health Center Commercial Office Products Coca Cola Bottling Co. Raymond's Office Machines & Supplies Shelley's U. S. Business Systems, Inc. IBM Office Products Colorado Municipal League The Michie Co. Eagle Valley Telephone Co. Rosey Capodieci Glenwood Post Mountain Service Eagle County Trash Co. Elbert Baldrey 't" day Apri_l___-term 19_80 Attached invoices Invoice #14497 Copies of billing Travel Expenses Travel Expenses Travel Expenses Travel Expenses Usage of County cars Supplies Invoice #718855L Invoice #598 Coroner Fees Photo Service Expense for March Invoice #28954 Supplies Invoices #5053, #,5172 Invoice #6503 Supplies Services for March Travel Expenses Travel Expenses Travel Expenses #,5173 Downpayment of 7 Eagles for Eagle Co. lst payment on Eagles Rubber Stamps Travel Expenses Invoice #,78095 Feb. Billing Invoice #A37482 Prisoner Board, Lake Co. Supplies Travel Expenses Travel Expenses Invoice #13697 Partial Transcript Reinbrusement for copies of Transcripts Copies Travel Expenses Travel Expenses Salary & Travel Expenses Travel Expenses Travel Expenses 1980 Dues Grant Electric Service Billing Attached Invoice #4361 Invoice #140030 Feb. Billing Lease Payment Invoice #317986-00 Freight Freight Invoice #3841"1 Travel Expenses Travel Expenses Travel Expenses Dues Service Petty Cash Petty Cash Travel Expenses Travel Expenses Travel Expenses Travel Expenses Travel Expenses Travel Expenses Travel Expenses Travel Expenses Travel Expenses Rent for Nurses Office Dues Epilepsy Workshop Payment for 1980 Support Invoices#120010050 IE sInvoice #A-001107 Invoice dated 3/25/80 Invoice.#019231 Invoice #2569 April & May Payments Subscription Invoice #87253 Service Travel Expenses Ad Invoice #1114 Service Travel Expenses of Mental Health 19- 747.49 33.00 2,050.45 17.92 15.79 10.78 105.56 257.10 809.96 147.66 3.71 30.00 22.90 56.99 5.00 339.17 334.95 12.51 15.67 3,012.73 20.00 4.43 125.84 7,032.60 2,348.45 12.00 45.36 350.78 186.40 177.18 40.00 128.01 21.14 21.26 133.50 11.55 6.75 6.75 18.32 126.34 324.08 16.80 11.20 80.00 3,250.00 1„067.55 321.60 33.22 206.33 160.00 210.54 733.20 10.94 24.97 354.66 24.36 254.14 12.18 15.00 216.78 22.84 26.70 187.45 9.76 23.50 38.46 76.00 23.60 8.00 11.20 15.20 493.90 30.00 62.00 4,000.00 80.53 65.00 21.24 35.75 188.10 1,075.87 10.00 41.78 3,619.12 27.30 13.00 121.00 35.40 6.44 Proceedings of the Board of County Commissioners 7th day_ Apri 1 _ term 1980 19 - County Road & Bridge Fund William F. Stevens Eagle County General Fund Raymond's Office Machines & Supplies Douglas Pilcher Dick Wheeler, Inc. Colorado Chapter CRODA Xerox Corporation Eagle County General Fund Russell D. Carter Nottingham Sand & Gravel Warning Lites Warning Lites Hometown Supply M. S. Fegeter & Co. Drive Train Industries, Inc. Jacobs Equipment Co. H. R. Services Rio Grand Motor Way Supplies Unlimited, Inc. Western Auto Store Holland Auto Parts & Machine Shop Rocky Mtn. Natural Gas Co. Max McCoy Jacobs Equipment Boise Cascade ROAD & BRIDGE FUND Payroll Dean Kirkland Mileage 80.64 Workman's Comp. Mike Laroux Mileage 113.40 Travel Expenses Thomas G. Johnson Travel 56.00 Registration fees Kistler-Kwill Purchases 777.24 Blue Cross/Blue Shield Boise Cascade Invoice=#100938 13.15 Invoice #A03702 Xerox Corporation Invoice # 0622051170 287.40 Invoice #8710 Crafco of Colorado, Inc. Invoice #2493 5,840.50 Invoice #8760 Maginnis and Assoc., Inc. Liability Ins. Program 25.00 Parts Johnson, Kunkel & Assoc., Inc. Location Maps. 7.30 Freight Basalt 66 Invoice #3657 3.25 Invoices #4011, #4013 & #4031 Boise Cascade Invoice #92844 13.02 Service Overland & Express Co. Invoices #2105 & 2100 396.00 Invoice #147038 James Cummins Travel 87.14 David C. Manning Travel 15.00 Santiago S. Perez Travel 25.58 D. G. Ulrick Travel 13.03 Jack Haynes Travel 79.53 Kier Laboratories Ref. #33766 10.00 Sheriff of Garfield County Prisoners Board 306.00 Joyce M. Swanson B.A. Tests 20.00 Glenwood Medical Associates Billing Attached 27.60 Gerald J. Fedrizzi, DDM Dental Service 38.00 Valley View Hospital Re: John M. Sharp 16.00 Vail Valley Medical Center Re. Shirley Roberts 47.00 Vail Mountain Medical Re: Mike Turner 50.00 Joann Deighan Travel 90.00 State Compensation Insurance Premium 1,014.89 Town of Eagle Water & Trash 427.00 Rocky Mountain -Natural Gas Co., Inc. Gas Service 821.24 James S. Meaney Fuel Coal 335.63 Eagle Auto Parts Invoice #5575 6.42 Lynde 0 Gilliam Consultant fees 10.00 Mary Merkling Court Reporter Services 315.00 Susan A. Vaughn Travel Expenses 67.17 James Williams Travel Expenses 50.54 Terrill Knight Travel Expenses 83.76 Bell Systems, Inc. Invoice #19637 7.78 I.C.B.O. Invoice C 35389 59.00 H. R. Services March Billing 70.96 Ed Kammer Electrical Inspections 1,589.73 Lester Douglas Travel Expenses 254.72 Gerald Best Travel Expenses 331.53 Allen Insurance Agency Premium 1,168.00 Jo Ann Deighan Travel Expenses 31.82 Erik Edeen Travel Expenses 45.56 Colorado Environmental Health Assoc. Dues 35.00 Franklin Associates, Ltd. Feasibility Study 13,698.62 Erik Edeen Travel Expenses 22.35 Jo Ann Deighan Travel Expenses 31.50 West Vail Texaco Service 72.00 Glenwood Toilet Rentals Invoice #803744 55.00 Pete Honner Equipment Co. Parts 96.87 Wagner Equipemnt Parts 77.43 Lucile Lieber Travel Expenses 259.70 Eagle Valley Enterprise Classfied Ad 4.20 Michael Lauterback Refund 135.00 Eagle County Treasurer FICA Taxes 63875.94 TOTAL......................................................................................$ 284,065.55 County Road & Bridge Fund William F. Stevens Eagle County General Fund Raymond's Office Machines & Supplies Douglas Pilcher Dick Wheeler, Inc. Colorado Chapter CRODA Xerox Corporation Eagle County General Fund Russell D. Carter Nottingham Sand & Gravel Warning Lites Warning Lites Hometown Supply M. S. Fegeter & Co. Drive Train Industries, Inc. Jacobs Equipment Co. H. R. Services Rio Grand Motor Way Supplies Unlimited, Inc. Western Auto Store Holland Auto Parts & Machine Shop Rocky Mtn. Natural Gas Co. Max McCoy Jacobs Equipment Boise Cascade ROAD & BRIDGE FUND Payroll $ 36,909.14 Taxes of Gravel Pit 500.00 Workman's Comp. 7,649.14 Repair of Calculator 41.75 Travel Expenses 240.64 Lease Payment 204.77 Registration fees 70.00 Copy Charges 2.45 Blue Cross/Blue Shield 248.73 Travel Expenses 33.13 Invoice #A03702 37.19 Invoice #3554 1,662.40 Invoice #8710 503.87 Supplies 44.61 Invoice #8760 36.68 Invoice #25550 29.34 Parts 375.81 Invoice #14094 5.50 Freight 10.94 Invoice # 12488 28.20 Invoices #4011, #4013 & #4031 23.28 Parts 1,153.36 Service 226.76 Reinbursement for supplies 40.18 Invoice #147038 34.97 Attached Billing 310.95 496 Proceedings of the Board of County Commissioners "I day Apri l term 19 80 J. D. Audilett Excavating Invoice #1006 In -Line Traffic Marking Co. Invoice #,0085 Dyna Systems Invoice #4-89933 Western States Industries, Ltd. Invoice #80303 New Jersey Zinc Division. Contracted Snow Plowing Yampa Valley Electric Assoc. Service Eagle County Treasurer FICA Taxes Blue Cross/Blue Shield Insurance Rocky Mountain Life Insurance Insurance State Compensation Insurance Premium Kistler Kwill Supplies Douglas Pilcher Travel Expenses Dick Wheeler, Inc. Lease Payment Secretary Treasurer, CARSE Dues M. S. Fegeer & Co. Parts Eagle Cuto Parts Parts Sanborn Equipment & Supply, Inc. Invoice #1380 Valley Gas & Welding Supply, INc. Supplies Drive Trail Industries, Inc. Invoice #34973 Central Motor Power, Inc. Parts Kaman Bearing Parts Thelma Prange Reimbursement Lawson Products Invoice #1965270 Construction Machinery, Inc. Invoice #2PO948 Case Power & Equipment Parts Holand Auto Parts & Machine Shop Parts Mountail Bell Service Eagle Valley Telephone Co. Service Earnest L. Cock Travel Expenses Robert S. Heron Travel Expenses Francis Daugherty Travel Expenses Max McCoy Travel Expenses Holy Cross Electric Assn., Inc. Service Rocky Mountain Natural Gas Co,, Inca Service Public Service of Colorado Service Town of Basalt Water Service Town of Eagle Water & Trash Boise -Cascade Billing Kay Arnold Reimbursement Wagner Equipment Co. Billing Jacobs Equipment Co. Invoice #•187037 Denver East Machinery Co. Parts Carbondale Mine Services, Inc. Invoice #C1859 Safety Kleen Corp. Invoice #621447 Division of Communications March Statement Republic National Bank Lease Payment Collett Enterprises March Billing Basalt Sanitation Dist. Sewer Service Jefferson Bank & Trust Co. Lease Payment TOTAL.................................................................................. County Library Fund Eagle County General Fund Zerox Corp. Eagle -.-County Treasurer Blue Cross/Blue Sheild Rocky Mountain Life State Compensation Insurance Fund General Fund' Gaylord Bros., Inc. U. S. Congressional Handbook M. J. Stone Co. American Econo-Clad Services Main Line Book Co. Keystone Publications Prentice Hall, Inc. Wm. B. Herdmans Publishing Co. Gordon's Books, Inc. University of Washington Press Associated Libraries Caedron Watson-Cuptill Publications Thomas Bougary Quality Books McGraw-Hill Book Co. Baker & Taylor Co. Bradford Publishing Co. The Glenwood Post Denver Public Library Quick Print Holy Cross Electric Assn., Inc. Cromara' Colorado Library Association H. R. Service LIBRARY FUND Payroll Premium for Workman's Comp. Copy Charge FICA Taxes Insurance Insurance Premium Supplies Books Congress Handbooks Book Invoice #152341 Books Books Subscription Book Books Invoice #090516 Books Invoice #39133-0 Invoice #21009 Books Books Books Books Invoice 452810 Newspaper Subscription Invoice #C-78 March Statement Service Invoice #134297 Dues Invoice #142143 19-- 240.00 10,000.00 59.45 392.65 1,012.00 169.06 2,262.51 2,168.18 99.13 1,302.60 349.17 29.52 204.77 30.00 872.98 661.54 659.32 208.64 1,304.23 197.01 36.82 3.57 1,249.66 55.52 27.06 418.09 42.23 93.65 64.96 16.54 63.70 34.44 198.07 525.13 33.53 60.75 123.00 231.42 10.35 18,282.94 25.35 38.72 437.76 27.75 80.00 960.55 6,102.85 54.00 2,304.10 $104,249.66 6,203.00 30.21 7.05 380.24 273.77 18.60 6.51 71.59 564.52 7.35 8.33 87.03 114.76 18.45 99.83 23.09 128.31 155.71 208.23 23.95 106.34 35.50 760.49 91.35 167.77 124.70 31.00 34.25 31.90 26.46 73.33 150.00 5.50 TOTAL....................................................................................... $10,077.12 Proceedings of the Board of County Commissioners 7th day Apri 1 -_term 19 80 497 19— Minutes This being the regular meeting of the month, the first item by the Board being the approval of the minutes. Commissioner Troxel moved to approve the minutes of February 26, 27, March 3, 7, 10, and 18 as submitted. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Resolution Beth Riggert, County Attorney, stated the next item on the agenda is a continuation of a public hearing to adopt a Resolution establishing policies and criteria for the consideration of request for development Bond Financing by the County of Eagle. As this County has had one issuance of such bonds Ms. Riggert . believes the County should develope a criteria for consideration. The Resolution basically sets up require- ments an applicant must provide the County before the Board will consider the issuance of such bonds. The project must: 1. Meet the Master Plan 2. Be in the correct zone district 3. Comply with all zoning and subdivision regulations. 4. Prove availability of adequate sewer, water, and utility services. Ms. Riggert advised the applicant must, pursuant to this Resolution, provide five copies of the application to the County Administration 30 days prior to consideration from the Board. Fees to be charged were determined to be what the Board deems appropriate on each application. The period of effectiveness was determined to be six months. Commissioner Williams moved to approve the Resolution, when amended, to establish policies and criteria for the consideration of request for development Revenue Bond Financing. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Elected Commissioner Troxel moved in regards to section 30.11.121 which states the Board of County Commisssione Officials may request, if they so desire, copies of all accounting., administrative, financial, and assessment records from the County Treasurer, County Clerk and Recorder, County Assessor, and the County Sheriff. The Board is formally adopting a request that all elected officials do this because of the accounting system encumburance. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. The Board directed the Clerk to the Board to notify, by memo, the other elected officials and to draft a Resolution pretaining to this matter. Dowd Junction Craig Colby, Purchasing Agent, appeared to discuss the Dowd Junction Building for the County Shop. Building Mr. Colby advised the County has been notified by various entities that the contractor, Mr. Joe Cline, has declared bankruptcy. The contract the County had with Mr. Cline did not include any bond. The terms of the contract were all met except the last phase which left the County with a remaining balance of $4,873.00 for construction. Plumbing and electrical work remains to be done. It was originally thought the building could be finished with the remaining money. Commissioner Troxel questioned how it happened that there was no bond submitted. - Mr. Colby explained his understanding of how and why no bond was acquired. The Board directed Mr. Colby to see that the site is cleaned up and acquire bids on the remaining work to be done. Lease Agreement Craig Colby, Purchasing Agent, presented a letter from Municipal Funding Corporation of America who hold the lease on the LT -900 Tractor. The terms of their contract refer to a renewal at the beginning of every year. They are requesting the renewal of their contract be signed. Commissioner Troxel moved to sign the renewal of the Lease Agreement for Municipal Funding Coporation of America. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Lease Agreement, Craig Colby, Purchasing Agent, presented a Lease Agreement with the First Bank of Eagle County for the three AMC Eagles for the Building and Planning Department. The total base price is $20,691.00, after finance charges the price will be $23,521.68 at 8% interest. The lease payment will be $653.38 per month. The Board disagreed on a three year contract. Commissioner Williams questioned why the Sheriff was allowed only two-year leases and other departments were allowed three-year leases. Discussion followed on the difference between the wear and tear on the cars in different departments. Commissioner Troxel moved to sign the contract. Commissioner Williams would not second the motion. Chairman Grant seconded the motion and declared the vote two in favor; Commissioner Williams voting "no" Western Eagle Beth Riggert, County Attroney, advised a service plan for Western Eagle County Mtropolitan Recreation County Metro District has been submitted to the Clerk and Recorder's office ten days prior to this meeting. Recreational Ms. Riggert requested the Board set a public hearing for this matter. District Commissioner moved the matter be heard at 1:30 P.M. May 7, 1980. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Edwards Water Beth Riggert, County Attorney, stated the next item is a continuation of the service plan of Edwards District Water District. Service Plan Tom Boni, Assistant Planning Director, advised that on March 3, 1980 the Board of County Commissioners tabled the request for the formation of Edwards Water District until this date. At that time, one of the main questions was the input from the feasability study the County had embarked on. On February 20 the Planning Commission had seen the item and had some concerns with the district plan. They did recommend approval subject to the following issues being addressed: 1. Evaluation of the service plan by Wright Water Engineers 2. Re-evaluation of the number of units listed on table 1-B 3. The addition of a number of units anticipated for annexation into the district. 4. Restudy of accuracy of service charges. Bill Williams, applicant, discussed the water rights. Bob Warner stated that in reviewing Wright-McLaughlins study he feels there is a conflict with the. Master Plan in that the Master Plan wants to keep Lake Creek basically rural. Loring Harkness, attorney for petitioners, discussed the legal consideration of this matter. Terrill Knight, Planning Director, stated the Staff does not feel this proposal, according to 32.1.205, is in compliance with the Master Plan adopted. Eric Edeen, Health Officer, questioned the need for more than one water district in this area. He questioned if Lake Creek Meadows Water District has been approached about serving this area. Cindy Eskwith, president of Lake Creek Meadows Water District, responded that they have not been approached. Jim Craig, board member of Lake Creek Meadows Water District, stated he felt it should be a pre- requisite that an agreement be reached, when these districts become continuance in the sense of a pipeline that can be connected, the should combine into one central district. Commissioner Williams stated a check into combination of other water districts should be made. 498 Proceedings of the Board of County Commissioners7th day Apri 1 _____term 19__ 80 19___ Beth Riggert read the criteria for forming a district. Chairman Grant questioned if the Lake Creek Meadow Water District has an interest in doing the total district. Cindy Eskwith stated she felt it would be premature to commit to anything at this time but would like to speak with someone on expanding the district. Tom Boni discussed the Staff's concerns and the phases of development. Terrill Knight gave three options to the request for forming this district. 1. Deny the Edwards Water District plan and hope , with cooperation, to get an appropriate district agreed upon. 2. Approve the Edwards Water District and attempt to force all other developments to annex with it. 3. Admit top goals of forming one district to serve all developments cannot be accomplished; but form this district and review it on its own merits. Mr. Knight advised the Staff proposes using option #1. Ms. Riggert advised that to annex the standards and guidelines would be extensive. Commissioner Williams pointed out the problems he has wiht the formations of a new district. Bill Williams questioned where to start on the formation of a district. Bob Warner questioned if the Board was recommending the developer pay for the service lines other than main distribution of the water district. This would be contrary to all other districts in the County. Dennis Galvin, property owner in proposed district, discussed projections concerning costs. Mr. Warner suggested combining the two systems and putting a tank at the 8000 or 9000 foot level. Commissioner Williams stated his main objection is the property cannot or may not be developed. He does not feel this is the time or place to discuss if the Lake Creek Water District can expand. Commissioner williams moved the Edwards Water District Service Plan be denied as is outlined under 32.120.5 State Statutes. Items B and C state as an existing service in the area to be served by the proposed district is inadequate because of adequate projected service needs. Adequate service is or will be available to the area through municipal annexation or other existing municipal or quasi -municipal corporations within a reasonable time or on a comparative basis. The proposal is not in compliance with the Master Plan. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Chairman Grant advised the only reason he voted in favor on denial is because he feels there is a need for more information from the Lake Creek Meadow Water District. Jo Ann Deighan, Health Assistant, appeared in relation to the Resource Recovery project and stated the purpose of this meeting is to allow three representatives of the consulting firm to present to the Board the information resulting from Task Group II and Task Group IV Booklets. Doug Pilcher, Road and Bridge Supervisor, discussed the problems of sludge at the landfill stating there is a substantial increase of cost. He discussed the possibility of distributing sludge in the fields. Burt Lokey, State Health Department, discussed the type of crops sludge could be used on. Eric Edeen, Health Officer, discussed the amount of sludge the landfill can handle and the percentage of moisture content that would be allowed. Ms. Deighan introduced the consultants on the project as Bill Franklin, Marge Franklin, and Nick Artz. Mr. Franklin discussed the different Task Groups. Mr. Antz presented a slide show on the solid waster management. The Board commended the firm on the professional presentation and thanked them for appearing. Beth Riggert, County Attorney presented a Findings and Order on the Board's decision of the SUP request from Public Service and Colorado Ute. Ms. Riggert advised this is a continuation of a public hearing held March 18, 1980 regarding the SUP Zs -109-80 which was submitted by Public Service Company of Colorado and Colorado Ute Electric Association. Commissioner Williams questioned the meaning of "the applicants have not sufficiently studied and/or demonstrated the lack of alternative routes which would enviromentally affect the Town of Basalt to a lessor ectent from that proposed by the applicant". Ms. Riggert explained that with the input given at the public hearing it appears the alternate routes, with the exception of the one that affects the Town, were insufficient. In regards to the alternate that affected the Town the Board wanted an alternative to affect the area to a lessor extent that proposed. Commissioner Williams moved to approve and sign the Findings and Order in regards to the SUP Zs -109-80 Public Service/Colo Ute. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Beth Riggert presented the next Agreement of Big Hat Subdivision. Ms. Riggert advised the Planning made any comments on it. the Finding and Order regarding the Department was Improvements Finding and Order and Commissioner Troxel moved to approve the Finding and Order of SF -54-74 Subdivision Improvements Agreement for Big Hat Subdivision. Commissioner Williams seconded the the Chairman declared the vote unanimous. Mick Kasher, Administrative Assistant, presented a letter from the Airport Commission requesting the Board of County Commissioners request Rocky Mountain Airways move their terminal at the County Airport. Chairman Grant advised the Board would take no action until there has been considerable discussion on the subject. Commissioner Troxel stated in his opinion the Airport Commission should get a letter from the Board stating they will not consider this recommendation until the annual review of their Special Use Permit. The Board directed Mr. Kasher to inform the Airport Commission of this decision and advise Rocky Mountain Airways of the situation. Mick Kasher presented a letter from Jack D'Orio, County Extension Agent, requesting a County Commissioner volunteer to serve on the Extension Advisory Board which holds two meetings a year. The Board directed Mr. Kasher to find a per8on to serve on the Extension Advisory Board to represent the Board of County Commissioners. There being no further business to come before the Board this April 14, 1980. r fi erk to the Boa the meeting was adjourned until x �,f, �e� Chairman Resource Recovery Project Findings and Order: Public Service/ Colo Ute Findings and Order: Big Hat Sub Airport Commission Extension Advisory Board Proceedings of the Board of County Commissioners 14th day April _._term 19 BO Zc-123-80 Dennis Hager Zc-124-80 Floyd Crawford Noel Crawford Su -136-80-S Floyd Crawford Sketch Plan Present: Dale Grant Dan Williams Keith Troxel Terrill Knight SPECIAL MEETING Chairman Commissioner Commissioner Planning Director Tom Boni Susan Vaugh Johnnette Phillips Mary Merkling Assistant Planning Director Planner Clerk to the Board C.R.S. 499 fP= This being the day set aside for the matters to be heard the following items were presented to the Board Request: Zone change for 375 acres from Resource to Residential Suburban Medium Density Location: 1.5 miles northwest of Edwards on the north side of I-70 in the S2 Sec 31 and the SE; Section 32 T4S, R82W Susan Vaughn, Planner, stated the first item on the agenda is a zone change request by Mr. Dennis Hager. The request is to change 375 acres from Resource to Residential Suburban Medium Density. Ms.Vaughn pointed out the location on the plat. Dennis Hager advised Eagle Crest has been a platted subdivision since 1963. He explained the history and pointed out the platted subdivision. The final plat was for 35 lots. Two lots were sold and the remaining lots were held. The Department of Highways acquired some land for a right-of-way. This request is for 500 units on 400 acres. There is water available and the Upper Eagle Valley Sanitation District is applying for use of a lot for their plant. Mr. Hager advised they would be willing to dedicate the originally platted land to the County. Bob Radcliff, owner of property, explained the originally approved subdivision was not completed because of problems with the highway and utility poles. Ms. Baughn read a letter from Christopher J. Eiben opposing the proposal. The Planning Commission recommended denial of this propoaal as the increase of density is not necessary. There is no adequate access and there is no demonstrated community need. The Staff recommeded denial of this zone change. Ms. Vaughn pointed out the community center and read from the Eagle County Master Plan which suggests all new growth occur in the planned areas. There are approximately 6500 approved unbuilt units in the area. It would be premature to approve any more units as there is no proof of need. Some of the major concerns on this project are: 1. No appropriate main access 2. Robinson Geological maps have identified this area as a hazardous soils area 3. Open Space plan identifies this as high to moderate visual quality and as a deer migration area. Mr. Hager does not believe the.terms isolated and high density fit the area. He agreed there is an access problem but they will not need their own water or waste water treatment plant. The soils condition was discussed. Commissioner Troxel stated hi.s/ problem with the project is that it is another piece of ground requesting to be rezoned. Some of the problems he can foresee at subdivision time may be insurmountable for the developer. Terrill Knight gave other options the applicant might use. Commissioner Williams moved Zc-123-80 be denied on the grounds as it relates to the Master Plan. Rezoning would promote strip development which is not desirable. Theis development would be premature as relates to the Zoning Resolution. The applicant carries the burden to identify a need and has not done so at this time. There are geological and physical characteristics and conditions that may make this use, as it is requested, not appropriate. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Zone Change for 60 acres from Resource to Residential Suburban Medium Density and Commercial Genera Location: Norgh and West of the E1 Jebel intersection in the S,Section 34, T7S, R87W Susan Vaughn, Planner, advised the next item was the Floyd Crawford Zone Change. Steve Isom, Denton -Gutting Architect, discussed the three seperate parcels. One being a park with tennis courts, soccer field, beseball field, community building, and pool. Access into the trailer park adjacent to Williams park was discussed. The overall net density would be 4.56 units per acre. The gross density would be 3.3 units per acre. Parcel two is an existing trailer park. Mr. Isom stated they are requesting RSM zoning although there will be no actual change of use. The request is to clean up the zoning in the area. Mr. Isom discussed parking, water, and sewer. Commissioner Troxel questioned the commercial limited zoned property and future growth. Ms. Vaughn explained the project is exactly as it should be in accordance with the Master Plan. The Planning Commission recommended approval the reason being section 10.03.14 section a,b,c of the Zoning Resolution. Commissioner Troxel moved Zc-124-80 be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: Review of sketch plan Location: North and West of the El Jebel Intersection in the S, Sec 34, T7S, R87W Steve Isom discussed the community center, curb and gutters, and the streets. He stated there are no problems with the soils or wildlife. Tom Boni stated the Planning Commission recommended a berm be placed along Highway 82. They have concerns with the highway improvements. Community amenities must be constructed prior to the sale of the 80th unit. Mr. Boni stated the Staff has two concerns: 1. Preliminary plan show sidewalk design 2. Water and expansion of sewer system Hopefully the project can be phased into a sewer district situation. The Staff recommended approval of the sketch plan with considerations at preliminary plan stage. Floyd Crawford, applicant, discussed the water stating he believes there is an adequate supply as the fire trucks have been filling their trucks everday. Mr. Crawford discussed the sewer system stating they have to work together to get a central sewer system. Commissioner Williams suggested if the recreation district is formed that it should be included in the Subdivision Improvements Agreement. The sidewalks should be located on one side to allow room for snow removal. Commissioner Troxel stated the County has no say over the sewer district. He hopes the location of the plant can be agreed upon. Commissioner Williams discussed the ditch that runs through the property. 500 Proceedings of the Board of County Commissioners 14th day April term 19__80- 19 Request: Special Use Permit to allow 11 dwelling units in an existing commercial limited zone Location: North and!east of the E1 Jebel intersecion in Lot 15, Section 34 T7S, R87W Susan Vaughn, Planner, stated the next item is a request for a Special Use Permit to allow eleven mobile units in an existing commercial limited zone for dwelling units. Steve Isom explained the problems with the Commercial Limited zone. The zoning had, at one time, allowed apartments as a use by right. The Zoning Resolutions were amended to exclude the residential use by right in a commercial zone. Ms. Vaughn stated the Staff recommended approval of this SUP. The area has sufficient parking for existing and proposed buildings. Ms. Vaughn cautioned the applicant that the parking situation may change if there is further development Commissioner Williams moved Zs -111-80 be approved with an annual review and if the applicant desires to change the use from dwelling units back into commercial space the Board of County Commissioners be notifie Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Terrill Knight, Planning Director, stated the next item was a pre -application conference with Robert Warner and Dennis Gelvin. They are presenting this item for discussion to get general directions from the Board. This is not a meeting at which decisions and conclusions can be given. Doug Tiesdale, attorney for applicant, stated they are before the Board to introduce a development of a proposal at Edwards that consists of 700 plus acres on the Lake Creek Ranch. Mr. Tiesdale advised the three goals they wish to cover at this meeting: 1. Inform the Board briefly about the project itself 2. Provide Board with market data for need 3. Ask specific questions to gain general directions. Bob Warner, applicant, stated they hoped to develope this project as a PUD clustered in the direction of Edwards and provide equity housing primarily for residents of the County. The economic level hopefully achieved is housing from $450-$700 per month for condos; $500-$800 for 4-plexes; $600-$900 for duplexes; and $700-$1000 per nomth for single.family. It is important the County look at this project as equity housing. Mr. Warner advised the Planning Commission had some favorable comments and some unfavorable comments. He discussed the density as being similar to Berry Creek but not as heavy as Eagle -Vail. Mr. Warner feels cluster development would be more efficient and there would be approximately 400 acres as open space. Mr. Warner advised he had heard fears that employee housing will create a slum area. This development will basically consist of smaller houses. He discussed the access and stated the impact on Lake Creek Road would be nil. Arnold Ray of HOH stated this firm was retained to complete a market analysis of permanent residential and seasonal housing needs in Eagle County. The analysis generally confirms a need for affordable housing for permanent residents. Ther are four distinct housing markets within the County: Short term seasonal employees 2. Middle income permanent residents 3. More affluant permanent residents 4. Tourists and speculators Developers forecast dwelling units needed for local residents will be 2,100 by 1985 and 4,600 by 1990. Doug Tiesdale advised there are five questions which they would like to address and get informal responses form the Board. 1. Whether the County and Board of County Commissioners should and can become involved in price control of building units. Commissioner Troxel responded that he sees no problem doing this providing it does not encumber the County with any legal action or cost the County anything. Commissioner Williams discussed the affordable housing and the need in Eagle County. Getting control of rampant growth in the Edwards area will be a measure Eagle County can use to discourage speculation. 2. Whether it would be more advantageous and efficient to pursue development by the PUD method or other methods. Chairman Grant agreed a PUD, in this case, would be the way to go although it will take longer. Commissioner Troxel stated his concern is that it is appropriate for a PUD,.but few variances, if any, are allowed. The PUD should be geared so changes can be made if necessary. Commissioner Williams stated he is basically against the PUD concept'Ar],ess it intails flexability needed. 3. Extent of flexibility the Board might consider when reviewinJg4the plat that would contain cluster housing to reduce the impact on needed County services for permaner residents. Commissioner Troxel stated up until two years ago he did not,�ca.re for the cluster concept. There has been alot of pressure for Open Space. When you can have atter open space concept around a development clustering is not inappropriate. , Chairman Grant stated the economy has to be considered. Commissioner Williams stated the Board changing their�1+i1-:osophy on clustering may provide goals everyone wants but believes there should be a demonstrateo,. eed. 4. Feelings of Board on reaource zoning PUD changed Ab- RR zoning on the portion of the project that would be suitable for such zoning. The Board declined from answering this question. 5. Redistribution if they should show need. The Board concurred. Susan Vaughn, Planner, stated the next item is a request for a temporary housing rstit from Carl Merkling. Ms. Vaughn read the application and letter requesting to use their mobilehome es a residence while building their new home. The Staff recommended approval. Commissioner Troxel moved to approve the temporary housing permit. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Terrill Knight, Planning Director, stated this is the date, as required by the Zoning Resolutions, for the annual renewal of Vail Associates Special Use Permit for Beaver Creek. Mr. Knight advised on April 9, 1979 the Board approved a Special Use Permit for the facility subject to an annual review. This is a review of the entire ski facility to insure conditions required by the original approval are being met. Mr. Knight stated the Staff has no problems with the conditions as all standards have been met both on the mountain and in the valley. One question is actual operation of density" transfer in the subdivision itself. Tom Boni, Assistant Planning Director, stated that at the Staff meeting they basically touched upon applications that Beaver Creek is involved in. They have discussed, with Mr. Lustig, the Tract D Multi- family tract. The major concern the Staff has is the transfer of dwelling units and how confident Mr. Lustig can feel in holding density. Zs -111-80 Floyd Crawford Warner Properties Pre-applicantion Conference Temporary Housing Permit - Carl Merkling Zs -4-79 Renewal of Vail Associates SUP for Beaver Creek 501 Proceedings of the Board of County Commissioners 14th . day April term 19__ao19— Dean Kirkland, representing Vail Associates, stated he is not with the Real Estate Development section so would be speaking out of order to say how to implement transfers of densities or specific management plans for the employee housing. Commissioner Williams questioned the facilities that will be provided for pre -season skiing and what approvals are necessary from the County for the opening. Mr. Kirkland discussed the proposed facilities. Commissioner Troxel suggested tabling this matter until the problems of transferring densities could be addressed. Commissioner Williams stated there are no serious problems but the Board needs some clarification on this matter. Commissioner Williams moved to table this item until April 30, 1980. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Landfill Rates Doug Pilcher, Road and Bridge Supervisor, introduced the next item as a hearing on proposed rates for the Eagle County Landfill. Tim Tunnell, Landfill Superintendent, explained that after reviewing rates being charged by Garfield County, Pitkin County, and Jefferson County he believes the Eagle County rate schedule is in need of updating. Mr. Tunnell advised the rate scheule being enforced now is causing $153.00 per day loss. The proposed increase will bring the loss down to $15.00 per day. Mr. Tunnell discussed setting specific hours and holidays for the landfill. He read the present rates and the proposed rates. Discussion followed on abandoned vehicles. Ralph Segal, owner of Eagle Salvage, discussed retrieval of the abandoned cars. John Shiverly complained of costs to haul a pick-up load of trasb. He feels increases in fees will probally cause people to dump trash on the roadsides. Wolf Mueler also discussed the rates of loose trash and compacted trash. He feels the rates should reflect the amount of work required to cover the trash. Much discussion followed on the proposed rates. Commissioner Troxel moved to accept the proposed rates effective July 1, 1980. Chairman Grant asked for any help on the fees and information would be readily accepted. Commissioner Troxel amended his motion to state the hours as requested be effective immediatly. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. The Board gave directions to under -estimate rather than over-estimate in descrepancies on yardage. Water Diversion Beth Riggert, County Attorney, stated this is a continuation of a public hearing from March 25, 1980 House Bill 1041 of the Water Diversion House Bill 1041. Ms. Riggert reiterated what had previously been discussed. She advised at the previous hearing she had requested the Board to continue the hearing on testimony from expert witnesses. The expert witnesses were unable to attend this meeting also. Terrill Knight, Planning Director, outlined comments made at the previous meeting pretaining to coordination of water and sewer. The prime concern is the wildlife. Eric Edeeh','Health Officer, discussed water quality problems with large municipal and industrial water projects. Beth Riggert read the technical amendments to the Guidelines. Commissioner Williams suggested other water courses the Board deems appropriate. Harold Bellum, resident of Minturn, stated his concerns pretaining to encreased waste water treatment costs. He feels this should include domestic water also. The regulations refer to not being able to control water that is not for human consumption. Ms. Riggert advised House Bill 1041 states only water used for human consumption can be regulated. Controls over water storage for industrial use cannot be stated in the regulations. Ms. Riggert discussed the amendments she had for the regulations. 1. Statement detailing the impact of the total dissolved solids and hardness measured at the Eagle River at Dowd Junction and Dotsero to include designated points as determined by the Board on Colorado River and Roaring Fork River. 2. Sections within 3,4, and 5 referring to increased water treatment costs to include domestic and municipal increased costs. 3. In the appropriate places construction impacts be added. Commissioner Troxel moved to designate efficient utilization of municipal and industrial water projects as an activity of State- interest. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams moved to designate major extensions of existing domestic water and sewage treatment systems as an activity of State interest within the unincorporated territory of Eagle County. r Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved to designate site selection and construction of major new domestic water and sewage treatment systems as an activity of State interest within the unincorporated territory of Eagle County. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams moved to adopt the Resolution which officially designates these activities as being of State interest and adopt regulations and guidelines to be used in connection with these matters to establish the Eagle County Commissioners as the Eagle County permit authority. He moved to adopt certain forms that are attached to this resolution to be used within these regulations as the permit application forms and provide a reasonable fee for the processing of permit applications. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Resolution Beth Riggert, County Attorney, presented a previously approved Resolution establishing policies and criteria for Revenue Bond Guidelines. She requested the Board sign the Resolution. The Board signed the Resolution. Mayne Ranch Beth,,Riggert, County Attorney, advised Richard L. Mayne had approached her stating he had entered Subdivision into a Subdivi=sion Improvements Agreement with the County on June 1, 1978. As a condition of final plat approval for Mayne Ranch Subdivision he had conveyed a Deed of Trust to guarantee the improvements. At this time the Mayne -Ranch Subdivision has been incorporated into the Town of Gypsum thus legally the County has no jurisdiction ovar this. Commissioner Williams advised that generally in these cases the County refers them back to the Town. Commissioner Williams moved to release the Deed of Trust. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Edwards Beth Riggert, County Attorney, advised the Edwards Development Associates had submitted a Subdivision Development Improvements Agreement dated November 12, 1976. It had conveyed to the Board a Deed of Trust covering Associates six lots. Since that time two of the lots have been released. They are requesting a third lot be released. Ms. Riggert advised 90% of the public improvements have been satisfactorily completed which leaves an estimated amount of $25,000.00 to be done. Thlere will still be three lots to cover the Subdivision Improvements Agreement. Commissioner Williams directed the Planning Department to inspect the subdivision. 502 Proceedings of the Board of County Commissioners 14th day____APri 1. _.. _term 19 80 —_19 Beth Riggert, County Attorney, stated she has received a notice of claim from Pascoe Steel Company pursuant to section 24-10-109 demanding payment in the amount of $14,809.80. The reason being, they had shipped construction materials to Cline Construction for the benefit of Eagle County to be used in the Dowd Junction Building. As the County did not obtain a Bond, Pascoe Steel Company claims the County was negligent. Commissioner Williams moved to deny the claim. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Johnnette Phillips, County Clerk, presented a Resolution the Board had directed her to draft concerning the General Accounting Records and Fees of Elected Officials. Commissioner Troxel moved to sign the Resolution. Commissioner Williams seconded the motion. The Chairman declared the vote unanimous and the Resolution was signed. Johnnette Phillips, County Clerk, presented a Resolution and plat establishing new precincts for Eagle County. Commissioner Williams moved the Resolution and plat be approved and signed. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. The Resolution and plat were signed. Jim Williams, Zoning Inspector, read a letter from Chuck Whitehouse requesting an appeal concerning the removal of a trailer located in the vicinity of Geneva Drive. Chuck Whitehouse appeared and discussed his request for a 45 day extension. Commissioner Williams questioned if the 15th of May would be sufficient time to move the trailer. Mr. Whitehouse responded this would be sufficient time. Commissioner Williams made a motion the trailer be moved as soon as possible but no later than May 15, 1980. Commissioner Troxel would not second the motion. Chairman seconded the motion and declared the vote two in favor; Commissioner Troxel voting "no" Discussion followed of why violations should be brought to the Board's attention at the first meeting after it is observed. Tom Boni, Assistant Planning Director, introduced the next item as the Eagle Baptist Church extension of Final Plat. Mr. Boni advised on November 13, 1979 the Board approved a minor subdivision request to legally establish the lot lines around an 11 acre parcel located a few miles west of Eagle on Highway 6. Origninally it was a zone change and two lots to be created. The Board felt there should only be one lot. The plat could not be recorded as the applicant is still establishing ownership. The applicant is requesting an extension so this may be recorded. Commissioner Troxel moved the plat be extended until April 30, 1980. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Jim Williams, Zoning Inspector, presented a request from Susan Nulty for a building permit refund for Park Meadows. Mr. Williams advised on December 13, 1979 Park Meadows applied for a building permit and paid a fee of $111.50. At this time the permit has not been granted and they are withdrawing the application. Commissioner Troxel moved to refund the $111.50 for the building permit fee. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Jim Williams, Zoning Inspector, stated the next item was an appeal from Chuck Thompson concerning a building permit denial pretaining to property in Longview Subdivision. The property at this time has a SUP for a mobile home park, consisting of five units. At this time there are descrepancies and he is requesting another single.famil+y residence. Chuck Thompson appeared and stated he has cooperated with the County and spent $2,000.00 for engineers. He is requesting to build a single family dwelling for himself. Mr. Thompson advised he has applied for a temporary housing permit but will not pay $125.00 unless he knows it will be approved. He stated this house would probally be a three-year project and questioned what problem there would be to allow one more space. Mr. Williams advised the Staff has denied the SUP to build the house as it would be in violation of regulations. Commissioner Troxel moved the building permit not be issued until the applicant goes through County procedures and obtains a SUP amendment or some type of addition to it. Commissioner Williams seconded the motion and the Chairman declared hte vote unanimous. Jim Williams, Zoning Inspector, presented a request from Reichel Development Group for the return of a building permit fee of $738.00 and the plan check fee ofi'$363.00 which was to cover the building of a four-plex unit. The permit was denied, appealed, and denied again. Since that time Reichel Development Group has come into financial instability and is filing for banckruptcy. This money will help clear up some outstanding accounts. Mr. Williams suggested only the building permit fee be refunded as the plan check has been used. Commissioner Troxel moved to have the Staff check to see if Reichel owes the County any money before refunding the $738.00. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Notice of Claim: Pascoe Steel Resolution Resolution Appeal: Chuck Whitehouse Eagle Baptist Church Park Meadows Lodge Refund Request Appeal: Chuck Thompson Reichel Development Group Refund Request Mick Kasher, Administrative Assistant, stated the next item pretains to absences of Airport Commission I Airport Commission members. After four absences they are dropped from the Commission. Mr. Kasher presented a letter from the Airport Commission requesting Eldon Wilson be reappointed another term. Commissioner Troxel moved the recommendation from the Airport Commission concerning the number of i absences excused or unexcused be adopted by the Board of County Commissioners. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissoner Williams moved Eldon Wilson be reappointed to the Airport Commission Board. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. I Mick Kasher presented a Resolution from the Airport Commission listing requirements for fixed base Resolution operators and flight instruction. Commissioner Troxel moved to approve and sign the Resolution. Commissioner Williams seconded the motion. The Chairman declared the vote unanimous and the Resolution was signed. 5031 Proceedings of the Board of County Commissioners 14th day April term 19 8o 19— Lake Creek Mel Atwell, County Engineer, and Craig Colby, Purchasing Agent, appeared in regards to bids on the Lake Road Creek Road project. Mr. Colby advised the bids will be in three phases: �.• 1. Construction 2. Stablization Fabric 3. Culverts and fencing Mr. Colby presented the sealed bids for the construction. The bids were opened and reported as follows: 1. Molleur Construction of Leadville - $228,889.00 2. Flat Iron of Greeley - $273,371.50 3. Troxel Construction of Carbondale - $171-442.85 4. Jim Reeves Construction, Inc of Grnad.Junction - $256,258.50 Beth Riggert, County Attorney, suggested, because this is a big project and the bids have to be opened in public, that the Board direct Mel Atwell and the Staff to go over the bids and return a recommendation to the Board. Commissioner Troxel moved to continue this item of bids until Tuesday April 22, 1980 at which time the Board will receive recommendations from the County Engineer and Staff. The Board will then take action. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Mr. Atwell questioned releasing Johnson and Kunkel to begin right-of=way survey work on the road. The Board directed Mr. Atwell to wait on releasing them. Mr. Colby presented the bids for road stablization fabric. r 1.Boulder Construction Supply Company - $355.00 per roll; 13 rolls; total cost $4,462.50 2. Bunckley Powder Company - 187 ft x 100 yds; 65¢ sq. yd; total of 7,500 sq yds; total cost $4,875.00 Chairman Grant read the bids from Thompson Pipe and Steel, Sandborne and Equipment Supply, and Hoe & Grow, Inc. Finding some descrepancies on the bids the Board directed Mr. Colby to get a final breakdown on the bids and approach the Board Tuesday April 22, 1980. There being no further business to come before the Board this date, the meeting was adjourned until April 22, 1980. Chairman Attest: r ,C rC tp t e Board<��4 '504 Proceedings of the Board of County Commissioners 22nd day April___ term 19-80 SPECIAL MEETING Present: Dale Grant Chairman Beth Riggert County Attorney Dan Williams Commissioner Mel Atwell County Engineer Keith Troxel Commissioner Johnnette Phillips Clerk to the Board Mick Kasher Administrative Assistant The morning having been spent with hearing Welfare matters and the paying og bills. The first item to be heard, in the afternoon, was discussion on the construction of the Lake Creek Road. Mel Atwell, County Engineer, appeared to update the Commissioners on the status of the Lake Creek Road project and the bids that have been submitted. Formation of a Special Improvements District for the area was discussed. The Board determined paving will only be possible the first 1800 feet of the road to the Calhoun property. Beth Riggert, County Attorney, suggested reviewing the contract concerning the road through the Calhoun property and if approved, recommended the Board sign it. Ms. Riggert summerized the provisions of the contract for the property right-of-way through the Calhoun property. The Board recommended an on-site inspector be present and Mr. Atwell work with Mr. Calhoun during construction. Commissioner Williams suggested Mr. Atwell look at the bad sections of the road and weigh the advantages and disadvantages of relocating the road. Commissioner Troxel requested that all bidders be contacted and advised that only the first 1800 feet of Lake Creek Road will be done as Phase I with paving up to that point. Phase II will be acqusition of right-of-way and improvements of the unsafe portions up to Green gate. Mr. Atwell advised the Board of some soil problems and explained realignment around the ditches. Commissioner Troxel moved to sign the agreement for the section of road to the Calhoun property, which will be Phase I. Commissioner Williams seconded the motion and the vote was declared unanimous by the Chairman. Sheriff Jack Haynes appeared to present to the Board an ordinance for a model traffic code. This is a result of House Bill 1264 which enables counties to adopt the ordinance. Eagle County would retain 100% of the revenues for tickets issued with the exception of DUI's and driver license violations. He explained the specifications that would have to be met according to the code. Commissioner Troxel questioned the expense that might be incurred. Sheriff Haynes replied the only expense would be if traffic signs needed to be posted. The only expense the Sheriff's Department would have would be tickets and summons that would need to be printed. Commissioner Troxel stated he is all for adopting a legal way to do this but the possible expense should be researched. He agrees with the concept but feels the Sheriff should meet with the County Attorney to work out technicalities of posting signs. Mick Kasher, Administrative Assistant, questioned if Doug Pilcher had discussed the communication system with the Board. The Board responded it had been discussed. The Board directed Mr. Kasher to sit down with Mr. Pilcher and find out what he proposes on the communication systems. Sheriff Haynes questioned if a Visa credit card could be issued to his department. This would enable deputies to use them when transporting a prisoner. Commissioner Troxel stated he would have no problem with this as long as there was a price restriction put on it. Discussion followed on hiring a fifth jailer for the jail. Mr. Kasher stated it is impossible to come up with $15,000.00 for this when no money has been budgeted. The Sheriff questioned using CETA money. Commissioner Troxel agreed this would be acceptable if they could get CETA funded. The Board concurred to look into the possibility of CETA monies. Tom Boni, Assistant Planning Director, appeared with a request from the Valley by Peter Cacus, represented by Bill Post to have a Resolution made by the Board of County Commissioners to clarify the Buffer Creek Road right-of-way in Phase II of the Valley. The preliminary plan was approved by the Board at which time the applicant requested the right-of-way be reduced from the original 70 feet as platted to 50 feet. When the Board approved this preliminary plan it was noted to allow the subdivider, in this particular location, to accomodate parking on the building site and to allow the right-of-way to be reduced.However, the preliminary plan has not been finally platted. Bill Post spoke about the 10 foot strip and the need to be vacated. Tom Boni stated the County's position as having a 70 foot right-of-way all the way through the Valley. As of April 25, 1979 the Board approved the amended sketch plan. Also the Board approved the preliminary plan for stage II conditional upon: 1. Suggestions made by Eldorado Engineering be incorporated into the plan 2. Design and retaining wall will accomodate the road pull off area to be approved by the County Engine 3. The road right-of-way along this section of Lion's Ridge Loop be sufficient width to accomodate snow plowing in the roadway. Commissioner Williams stated, as far as he know, there has never been an agreement for a vacation of the right-of-way. This matter should be resolved. Mr. Post stated he did not realize there was a problem. He requested the next step for preliminary plans and road right-of-way vacation. Commissioner Troxel suggested having the County Attorney look at the minutes of the previous meeting to determine what the 70 right-of-way refers to . Snow removal has to be adequate. Chairman Grant questioned if the 10 foot is deeded for parking where will the snow from the parking lot be placed. Tom Boni suggested the applicant bring, to the meeting of April 30, 1980, proof of how the snow removal will be handled. Rich Caplan, Vail Town Administrator, appeared in regards to the possible annexation of West Vail. Mr. Caplan thanked the Board for their commitment for financial assistance. He explained there are alot of street improvements that need to be done. Mr. Caplan advised they would like to avoid the establishment of a Special Improvements District. Mr. Caplan requested consideration from the Board for financial assistance to off -set costs in the operating area and the capital improvements area. He suggested a fair price would be a minimum of $75,000.00 each year for two years. Mr. Caplan advised the earliest the Town of Vail anticipated West Vail becoming part of the Town would be 4 to 6 months. Chairman Grant stated this is the first time he has heard of a County paying a city to pay for an annexation. He advised the people should not forget the County helped the Town of Vail when it first started. Vail is gaining considerably by sales tax that will be acquired. The County should not have to pay for the annexation because the Town if going to gain so much. Lake Creek Road Model Traffic Code: Sheriff The Valley West Vail Annex :. Eagle Fire Department Ken Wilson Bids on Lake Creek Road Proceedings of the Board of County Commissioners 22nd day April —_tern 19_asz 7505 19.— Mr. Caplan answered the significant tax base of the library. He discussed recreation and services the Town of„Vail provides the County residents. He wants to bring West Vail up to the standards of the rest of the Town of Vail at the present. Commissioner Troxel stated 32 years ago the County could not provide a decent service for the West Vail area because of the distance a person had to drive. Eagle County cannot give good service to an urban area 30 miles away. The County is now establishing a shop in Dowd Junction which will help the situation. Commissioner Troxel believes the West Vail annexation is a 50/50 proposition. He presented some figures. West Vail is assessed at $12,000,000.00. The County spends $406,000.00 over five years for capital outlay for roads and bridges or $81,000.00 per year. He stated the advantage of having a Town Council closer to people and more responsive to demands. The County could save approximately $40,000.00 per year in outlay working in the West Vail area if annexed. Vail's total contribution of $975,000.00 per year in taxes minus z the road and bridge mill levy receies $863,000.00 back to the County which is an advantage to the tax payers. Commissioner Troxel advised the if the annexation does occur the County will benefit. At budget time, he as one Commissioner, would be willing to consider $75,000.00 contribution for two years. Commissioner Williams reminded Mr. Caplan one Commissioner cannot commit money from the Board. The .ounty is unable to do .as a.Home Rule_Town.He did not discourage the Gore Valley becoming a part of the Town of Vail but this will be up to the people. The town is obligated to put money into the County and the County use the money to the best advantage of all County residents. Commissioner Williams advised there is no money available for the annexation project this year. In 1981 this could be put in the budget but is -against his better judgement. Chairman Grant stated he is not against the annexation just concerned about the money the County may lose. Commissioner Williams advised a Capital Improvements project could be done rather than a cash payment. He feels the County should identify and work on the priorities in the West Vail area. In closing Mr. Caplan discussed another area that is very sensitive, the transportation committments the Board has already made for this year. The Board thanked Mr. Caplan for appearing. Ken Wilson, Eagle Fire Chief, brought to the Board's attention there is no fire protection at the County Airport. He advised he has been before the Airport Commission about this matter. Mr. Wilson stated he has grave concerns on expansion with bigger planes landing and the lack of fire protection. At this time the airport is not in the Eagle Fire District but the Eagle Fire Department does respond to calls. He is requesting the Airport Commission. get a tanker to have on the premises. Commissioner Troxel stated he was not aware the County Airport was not in a district. He questioned if the County could contract with Eagle Fire Department to serve the out of district areas. Mr. Wilson answered this could be done but there is a need for water. Commissioner Williams questioned if Mr. Wilson would be willing to work with the Airport Commission to identify�needs'to start"a fire,"protectibn plan. Chairman Grant advised the Board will look into the situation. The Board concurred to schedule the topic at the next Airport Commission meeting and to contact Mr. Wilson. The next item on the agenda was the bids on Lake Road Road. Commissioner Williams questioned if the Board made a motion to accept the bids before having a right-of- way would the County be enliabaling themselves. Mr. Atwell, County Engineer, advised the Board could make acceptance of the bid contingent upon the County receiving legal right-of-way for the construction area. Commissioner Troxel advised, for the record, Ronald Troxel of Carbondale is the owner of Troxel Construction. Commissioner Troxel has no financil interest in this company. Commissioner Williams moved to award the bid for the Lake Creek Road construction to Troxel Construction in the amount of $171,442.85 conditional upon Eaglie County having the ability to obtain the right-of-way. Also no changes will be made to the bid. It will be built to specs. Commissioner Troxel advised he was abstaining from voting. Chairman Grant seconded the motion and declared the vote two in favor: Commissioner Troxel abstaining. Beth Riggert, County Attorney, suggested, to protect the Board, the survey should only commit to the end of Calhoun's property. Commissioner Williams moved Bowman Construction Company be awarded the bid for $44,062.50 for Stablization Fabric. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams moved Sandborne Construction be awarded the bid for culvert pipe in the amount of $59,068.00 Commissioner Troxel seconded the motion and the vote was declared unanimous by the Chairman. Commissioner Williams moved the fence posts and fencing material be awarded to Sandborne Construction for $2,603.64. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams advised this gives a grand total of $184,447.19 for the Lake Creek Road project. There being no further business to come before the Board this date the meeting was adjourned until May 30, 1980. Attest: ` CektoteBoar airman 506 Proceedings of the Board of County Commissioners 30th day--Apri ll ____—term i9 $D _ SPECIAL MEETING Present: Dale Grant Chairman Tom Boni Assistant Planning Dir Dan Williams Commissioner Johnnette Phillips Clerk to the Board Keith Troxel Commissioner Request: To subdivide a duplex lot Location: Lot 19, Block 6, Eagle -Vail #1 (Whiskey Hills) Tom Boni, Assistant Planning Director, presented the first item as the Casa de Oro Minor Subdivision. The applicant is requesting to subdivide a duplex lot in Whiskey Hill. Concerns the Staff had, have been resolved. Corrections on the final plat have been made, parking spaces have been revised, and culverts have been put in. Mr. Boni stated the Staff and the Planning Commission recommend approval. Commissioner Williams moved Sm -173-80 be approved. Commissioner Troxel was not present. Chairman Grant seconded the motion and the vote was declared unanimous of the two voting. Sm -173-80 Casa de Oro Request: Legalization of a 1.6 acre parcel Sm -175-80 Location: Section 1, T8S, R86W (adjacent to Seven Castles Subdivision) Seven Castle Tom Boni, Assistant Planning Director, brought Sm -175-80 Seven Castle Minor Subdivision to the Board's Subdivision attention although it could not be approved as the mylar has not been submitted. Request: To condominiumize a fourplex Sm -177-80 Location: Lot 3, Block 2, Eagle -Vail #2 Kanan/Nape Tom Boni, Assistant Planning Director, presented the next minor subdivision as Kanan/Nape Condominiums. Condominiums The Planning Commission recommended approval of this subdivision. Mr. Boni advised technical corrections have been made, the plat has been submitted and the Staff is in receipt of a declaration. The Staff recommends approval. Commissioner Williams moved Sm -177-80 be approved. Commissioner Troxel was not present. Chairman Grant seconded the motion and the vote was declared unanimous of the two voting. Request: To legally establish lot lines around a mobile home Location: Tract 47, Section 7, T8S, R86 directly north of Town of Basalt Tom Boni, Assistant Planning Director, advised the next item was Hansen and Hansen Minor Subdivision. He advised Mrs Hansen previously requested a building permit for a garage. She has an existing mobile home located in the Basalt area adjacent to the town. It is an illegal parcel created after the subdivision but before the zoning. The access is off Cedar Drive. Mr. Boni pointed out the location on the plat. He advised the technical concerns of water, sewer, and access have been met. The Staff and Planning Commission recommend approval. Chairman Grant explained the location of the property. Commissioner Williams questioned the Staff on illegal lots. Commissioner Williams moved Sm -179-80 be approved with the stipulation no further subdivision of the lot be added to the plat. Chairman Grant seconded the motion as Commissioner Troxel was not present. The vote was declared unanimous of the two voting. -Susan Vaughn, Planner, presented the item of a Temporary Housing Permit for the Corp of Engineers that will be here this summer. Ms. Vaughn advised no permit has been issued as Staff wanted to find out if the permit and fees could be waived. The Staff believes the fees should be waived but there should be a permit. The Board concurred to waive the fees as the work is being done for the County. Mick Kasher, Assistant Administrator, presented an application for Colorado payment in lieu of taxes whAre the State of Colorado will pay certain monies to the State for their State owned property which is presently off the tax roll. Commissioner Williams moved to submit the application to the State of Colorado. Chairman Grant seconded the motion. Commissioner Troxel was not present. The vote was declared unanimous of the two voting. Mick Kasher, Assistant Administrator, presented the agreement for the School District with the Public Health Nurse to continue through May 30, 1980. Commissioner Williams moved to sign the contract with the School District. Chairman Grant seconded the motion as Commissioner Troxel was not present. The vote was declared unanimous of the two voting. Tom Coyle, Eagle Town Manager, appeared and discussed the joint planning effort with the Town of Eagle and Eagle County. Mr. Coyle advised that Susan Vaughn, Tom Boni, Terrill Knight, and himself had gone through the agreements sent by C.O.G. and drew up some boundaries. The boundaries would be the Marine Cliffs, BLM and Foest Service lands up Eby Creek to the North. Gypsum Hill to the west, the Town of Eagle water treatment plant and the tank to the South being :i limits of the area. The Town of Eagle is updating it's master plan and will enter into a joint planning effort with the County and a citizens group from that area, the County providing Susan Vaughn as Staff representative and the Town providing Tom Coyle as a Staff representative. Mr. Coyle advised they are looking into the feasibility of having the State Commission of Planning pay for mapping costs and other fees. It was explained to the Town Board when the agreement is approved it is the Town's Master Plan being generated, the representatives are putting in -put into the County Master Plan and if no State Funds are acquired the Town will pay for the map and expenses. Mr. Coyle advised a motion was passed at the last Town meeting to sign the agreement, as presented, and submit it to the Board of County Commissioners with a request for the Board to enter into it. The Board encouraged the formation of a Town of Eagle Master Plan. Request: Final Plat approval for 9 lots in the RR zone Location: Tracts 42 and 43, T5S, R84W Tom Boni, Assistant Planning Director, introduced the first final plat on the agenda as Eagle Hills. He advised this was tabled from a previous meeting. Mr. Boni pointed out the location on the plat stating that at preliminary stage the plat included three or four lots at the base of the hill which were to gain access from roads coming off Brush Creek Raod. Sm -179-80 Hansen & Hansen Temporary Housing for Corp of Engineers Application for payment for Colorado Agreement for School District Town of Eagle and County Su -120-80-F Eagle Hills Proceedings of the Board of County Commissioners 30th day April ___terM 19--80 Su -132-80-F Red Canyon Acrel 19 The Board as well as the Staff did not believe this should -be included on the final plat until such time as all those inducements are really set up. There was a problem, as this may be creating an illegal lot. Another concern, the water tank site negotiations with the Twon of Eagle has not been completed. Mr. Boni stated the application is complete. One outstanding problem is the Subdivision Improvements Agreement. The Staff feels there are two ways to approach the problem: 1. Submit the sufficient collateral in the form -of a letter of credit to guarantee the public improvements required for the subdivision; or 2. If the developer does not intend to develope the land right a way there could be a plat restriction for non -conveyance of any of the property. This creates a situation where new lot owners are involved in the subdivision. When the developer wishes:: to proceed he substitutes his collateral then removes the plat restriction. Mr. Boni advised the particular arrangements when submittedwith the subdivision Improvements Agreement calls for a plat restriction stating no building permits will be issued. Mr. Boni believes this is against the principles to try to manage a subdivision. Mery Lapin stated the basic reason for suggesting this is by putting a restriction on building permits will effectively be doing the same thing as not allowing conveyance until all improvements are in. The County will be protected in the sense the public is made aware both on the.plat and in the sales agreement that a building permit cannot be issued. Mr. Lapin advised the purpose for doing this is to sell two lots immediatley for funds to ;make improvements. Right now a letter of credit is quite difficult to obtain in terms of requirements. Commissioner Williams advised if the Board had been aware of the extent of the improvements from the beginning it would have changed how this would be handled. The Board is at a point it appears that by early summer the County may have to pick up Subdivision Improvements Agreement to do the work they did not get enough collateral on. Commissioner Williams stated he does not like to take the land or place restrictions of building against it. He would rather have cash or a letter of credit. Mr. Lapin stated what they anticipate doing this year is roughing in the road and staking and putting in erosion control. By then they anticipate coming in with a letter of credit in the second or third year with half of the work completed. He advised there are only nine lots, not a major subdivision. The subdivision entails on the low side $65,000.00- $70,000.00 and $85,000.00 on the high side. Mr. Lapin stated he does not anticipate doing work outside the subdivision. They will agree to pave from the cul-de-sac down. He presented a letter from Mike Perkins concerning the number of cars that will effect the rest of the road. They will take care of what is within the subdivision boundary. Tom Boni read the improvements the Board had requested at a previous meeting: 1. Driveways cuts and stablization 2. Final plat incorporatig Tract 42 3. Agreement with Town on water tank easement 4. Developer to consider the paving of Green Mountain Road. Mr. Boni stated the applicant submitted a letter setting the additional number of vehicle trips at 90 vehicles per day. Commissioner Williams discussed the commitment from the developer to the County roads. Not to require road improvements outside the subdivision would be inconsistant with County polocies. Mery Lapin stated he had no objections if this project is handled like everyone else. Commissioner Troxel stated the contribution to the impact on the road should be equitable. Commissioner Williams suggested researching the costs of the improvements to bring the road up to standards and pave it. He suggested an Improvements District and Kaibab owners pave their own roads. Beth Riggert, County Attorney, explained the problem of accepting the plat with the plat restriction of no building permits to be issued and this leaves a burden on the property owners if the land is sold. Jim Jacobson, attorney for property owners, explained the improvements and how they would be handled. Tom Boni discussed the problem some developers have being allowed to have a Subdivision Improvements Agreement instead of a letter of credit. Mr. Lapin feels the County has the protection it needs with the plat restriction and time schedule based on building permit requests. Beth Riggert suggested having Deeds of Trust for 2 or 3 lots until they can be substituted for a letter of credit. Mr. Lapin suggested using lots 8 & 9 as collateral. Commissioner Troxel moved Su -120-80-F be approved. Commissioner Troxel withdrew his motion for more discussion. Tom Coyle, Eagle Town Manager, discussed the water situation and building additional water storage. Commissioner Williams moved to table Su -120-80-F until May 12, 1980 reason being for final contract and/or a legal opinion as to water and other water related issues within the Town. Subdivision Improvements Agreement to be in form for finalization. The developer must provide, in writing, a concurrence with their statement they will pay or convey t6 the County some type of agreement concerning the formula which the Engineers will work up before that time including off-site impacts. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Final plat review of 8 lots Location: Tract 56, Section 26, T4S R84W (Old Diamond J property) approx. Tom Boni, 'Assistant Planning Director, stated the next item was the Final plat review of Red Canyon Acres. He pointed out the location on the plat stating the owners are requesting eight building sites to be created on the south side of the area with a common area to the north. Chairman Grant questioned if it is a County road to the cul-de-sac. Sam Johnson discussed the dedicated roads and private roads. Marvin Hornbaker discussed the cost of paving the road. He believes others who use it should share the cost. Tom Boni advised that on April 16, 1980 the Planning Commission recommended approval of the final plat conditional upon the following: 1. Plat note requiring 50' setback from mean identifiable high water mark. 2. Subdivision Improvements agreement inclusing legal status of water supply and including conveyance of water rights to homeowners association 3. That the applicant address items #1, 2, 5, and 6 of the staff recommendation to the satisfaction of the Assistant Planning Director #1. Water system #2. Clarification of legal status of water supply #5. Plat not concerning parts of parcels on south side of river #6. Redefining road easement to conform to preliminary plan Mr. Boni stated in regards to legal status of water there is a regulation which states the plan of augmentation must have cleared the courts. This has not occured. Beth Riggert, County Attorney, advised a Subdivision Improvements Agreement, with the addition of language that was left out, has been submitted. The applicant requested they not have a letter of credit today. They alson are requesting approval of the final plat but that it not be signed until a letter of credit is delivered to the County Ms. Riggert stated the applicants are requesting the Subdivision Improvements Agreement be signed today. She strongly suggests it not be signed until she has seen the letter of credit. 508 Proceedings of the Board of County Commissioners 30thday_Apri11 _term 19 $D 19--- Chairman 9—_ Chairman Grant stated the Board has tried to treat everyone equally. It would not be fair if the Board made Mr. Hormbaker build a road for all the rest of the lots when he does not own the property. Harold Denton stated when the land was purchased they thought it was serviced by a road and the property owners wanted to resubdivide the lots. Commissioner Troxel advised it would take $7,000.00 to $9,000.00 to upgrade the road. If it was divided between lot owners it would be $700.00 to $900.00 per lot. There should be some compensation for the impacts caused by the eight additional lots. Commissioner Williams discussed the spot zoning and stated it is tolatly inappropriate. He feels the cost of the road should be shared equally by all the lot owners. Ms. Riggert advised the Subdivision Improvements Agreement is only for the private road and water service system. If the fire protection system is shown on the plat it is not included in the Subdivision Improvements Agreement. Ms. Riggert suggested the wording on page 2 "Estimated cost of said work in the sum of $32,000 for private water service system (judication of water in the plans to be used for the Home Owners Association)" be put in seperate paragraphs. Commissioner Williams moved Su -132-80-F be tabled until May 12, 1980 at which time the Subdivision Improvements Agreement can have modifications that the County Attorney identified along with language to allow this development to share the cost of Diamond -J road to the extent that has been identified at this hearing. Commissioner Troxel seconded the motion and the Chairman declared the vote uanimous. Request: Preliminary plan review of 24 units Location: Farmhouse Exception (Eagle -Vail Central) Tom Boni, Assistant Planning Director, stated the next item was a preliminary plan review of 24 units of Fairwaye Green. He pointed out the location of the property on the plat explaining this parcel was held up until today by litigations between the owner and Grouse Mountain. Mr. Boni read letters of objection from Jess Sekey, Merlin Widick, and J.P. Holland. Gordon Kris, Architect of project, discussed the plan for the project which was approved by the Planning Commission and footage of the units. Stuart Brown, attorney for owner, discussed the building sites. He discussed the litigations and density in terms of the number of units and density in terms of floor area. The Planning Commission has placed a floor area restriction on the over-all area. The judge did remove the single-family restriction and determined the owner is entitled to develope the 5 acres as the same or in a similar fashion as the surrounding or adjacent area. He determined the adjacent property was all of Eagle -Vail #2. Mr. Brown presented, to the Board, a list of lots and density developed on each lot and a map of the area showing the density. Dan Stockton presented a graphic illistration of the proposed area density and projected buildings to prove the impact and the 21-, story footprint of the proposed development. Ken Long answered questions on lot acreage and total roadways. Mr. Brown presented his case for 1.36 acres per unit. Based upon calculations the average site permitted is 2250.05 lot coverage and 2.5 permitted coverage. Fred Green corrected some of the comments Mr. Brown mentioned he testified to in court. He feels if you take the total density of Eagle -Vail #2 you would have 3.4 units per acre or 17 units on the site proposed. He feels this is the maximum that can be constructed on this site. From a planning view the immediate adjacent 5 acre site only permits construction of 12 units. One problem of the original parcel lot line is the ownership by Allan Brown of the triangle piece of land. Stuart Brown believes there is no doubt about the boundary as the area is fenced so the property line is correct. The court has, by its judgement, required that the developers of this site develope in an architectural style that exists now. Beth Riggert stated she would like to read the findings of the court and have proof of ownership of the triangle shaped piece of land. This is within a PUD zone and will require a PUD plan. Bill Stroop, president of Eagle -Vail Home Owners Association, discussed the Fairwaye Green proposal and presented a letter which enumerates the concerns of the Eagle -Vail Home Owners Association Board of Directors. The Home Owners are requesting the application be limited to 12 duplex lots to correspond with the existing character of the area. Dave Terrill discussed problems of the golf balls off the golf course and pointed out problem areas of safety in the development. He discussed the commercial uses being incorporated into the subdivision and the impacts it will cause. At this point a map of the Eagle -Vail area was entered as Exhibit #1 A plat of the subdivision with proposed development as Exhibit #2. Tom Boni read the Planning Commission comments. They recommended approval subject to: 1. Upper limit of 45,600 Sq. ft of residential floor area constructed on this land 2. 22 ft of pavement with 6 ft shoulders. Internal roadway to be addressed before the Board of County Commissioners. Mr. Boni stated the Staff is concerned with the density of the project. Staff would like to have an opportunity to review the PD guide that was submitted this morning and determine what this PD guide would permit to be built on the property. The Staff is opposed to the concept of, the floor area to be distributed on the basis of deeds. The idea of a PUD should be to do enough forward thinking in the planning to be able to come down with individual areas. Building sites should be controlled by PD guides that set out a maximum number of building sites by size. The Staff feels the density of the building sizes, which average 2500 sq. ft. is excessive for the land. Mr. Boni advised the Staff recommends tabling this item with the reasons being a lack of time to review and density massing and/or number of units is excessive. Stuart Brown replied to the points of view of the Home Owners Association concerning their opinion of 12 sites being enough. The only issue legally attachable is zoning by the PUD. He discussed the safety of the golf course. Mr_. Brown requested his client be treated the same as the rest of the area. Commissioner Troxel questioned if the owner of the property would consent to following the Eagle -Vail Architectural Committee recommendations regarding permits. Mr. Brown advised he has stipulated to do this based upon 24 units. Commercial use of the amendities was discussed. Commissioner Troxel moved to table this item until May 28, 1980 with the following three things being addressed: 1. County Attorney review Findings and Order of the court case. The Board should be aware of the Judge's decision concerning compatibility of the neighborhood and surrounding the parcel in question. 2. Staff review PUD Guidelines in more detail 3. Staff consider the su-rounding area of the project and recommend the appropriate density. Commissioner Williams senconded the motion. Commissioner Williams stated the Board needs to determine whether in this type of development, irregard- less of the number of units, the developer should be allowed to redistribute or will it be a defined number of duplex lots. Until the Board has made these kind of conceptual arrangements they should set the density in concrete for the preliminary plan. Commissioner Williams stated he does not want to make this decision. He would like to see a deed of ownership and Eagle -Vail Guidelines adopted or documentation to provide the same kind of guidelines. Su -119-79-P Fairwaye Green 509 Proceedings of the Board of County Commissioners 30th day April term 19_U_ 19.— Beth Riggert, County Attorney, requested if the Board is tabling this item they put the burden on the developer to supply a transcript of the court case to the County Attorney. Commissioner Troxel amended his motion to include the concerns of Commissioner Williams. Commissioner Williams seconded the amended motion. Commissioner Troxel amended his motion to state as another condition to be addressed May 28, 1980 is the changed density from one parcel to the next as far as the PUD is concerned and what limit can be put upon it. Commissioner Williams seconded the amended motion. Commissioner Troxel amended his motion to state the applicants carry the burden of providing the County Attorney with the transcript of the findings of District Court. Vail Associate Roger Lesman of Vail Associates appeared and discussed questions raised at the last meeting. renewal of Tom Boni, Assistant Planning�Director,advised the meeting was tabled because of two major problems: SUP 1. Housing Plan 2. Transfer of dwelling units clarification At that time the Board felt only after the construction of a building and they had excess units not being used would be the point at which one unit became available for transfer. Commissioner Williams stated his concerns of an accurate record keeping system as these commitments were made some time ago. Terrill Knight, Planning Director, questioned the SUP for Beaver Creek Ski area. The Staff's opinion was the requirements covered the entire skiing facility. The Staff had intended to use this vehicle to make minor corrections as necessary through the SUP process. Mr. Knight advised there were some questions on the opening of the preview season s,wi:th..minor:.adJustments to the original plan. Mr. Knight presented and read letters from Beaver Creek addressing previous concerns of the Board. The Board discussed employee housing and types of employees and other workers related to- the developement. Bob Manzanares questioned if the Forest Service has submitted anything on the comments by Vail Associates on the schedule of adjustments. The main concern he has with assessment is analysis supply demand to determine adequate housing. He feels a broader group should be looking at the analysis and make a determination whether supply and demand ratio is there or not. Charlie Gardner, Vail Associates, advised the date by which they need to make a commitment, in order to deliver the house, is January 1 or February 1, 1981 regarding the plans. Mr. Knight stated it was his understanding that by the first season of full operation there would be 108 units but there can be changes in the plan to meet current needs. The Board determined 108 units should be built be the winter of 1980. Terrill Knight summerized the letter concerning busses and parking of vehicles. During peak hours day skiers would park on the parking garage. The number of total skiers for the first year would be 3,340 which is up by the original projected figures. He discussed having some control on limiting skiers. Discussion followed on the ticket sales. Terrill Knight advised the Staff is proceeding on faith that the worst situation will not happen as there is no contingency plan. The Staff suggested moving forward and rely on monitoring and management to make sure the numbers are not exceeded. If the numbers should be exceeded, the SUP would be recalled. Then a re -hearing with the consideration of putting controls on it would be held. Mr. Knight stated, concerning the transportation system the facility will be in place in the village he has no problem with taking base skiers in providing the air quility monitoring is continued and it is clearly understood this is an interim for one year only. Mr. Knight suggested these changes be approved and the SUP be approved with the understanding that the first overuse with parking or too many skiers there will be an immediate evaluation of the SUP with the intent and purpose of putting further restrictions as necessary. Commissioner Troxel advised he would like to see the Forest Service get a copy of this so they are aware of the County's concerns. Commissioner Troxel moved to approve the SUP with the conditions stated by Mr. Knight. Mainly the County ask the Forest Service for a special review of the SUP if at any time they feel the number of skiers had exceeded the comfortable limit for on-site and off-site impacts. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Su -114-80-S4 Request: Sketch plan review of 10 townhouse units The Valley Location: Central Valley P.D., Lion's Ridge Subdivision Bill Post appeared to request the review of the sketch plan for the Valley Phase III be indefinatly tabled. Mr. Post advised on the PUD plan all of the phases are at preliminary plan except Phase III which is at sketch plan stage. It was brought to his attention that there was a letter written March 2, 1980 setting a deadline of June 1, 1980 for preliminary plan approval of the Valley. Mr. Post requested a representation from the Board at the time when they come back in. Mr. Post asked if he could rely on the PUD plan as of March 27, 1980, when it was recorded. Commissioner Williams moved to withdraw the letter stating a deadline of July 1, 1980. Mr. Post requested the motion state it will be effective three years. This motion was never seconded 6r voted on. The Board directed Beth Riggert, County Attorney, to draft a Resolution stating the density will be effective for three years. Mr. Post stated at the last meeting the Board determined requirements for vacation of portions of the road that go through the Valley. Off -record discussion followed. The Board suggested the Engineer give recommendations. Sm -175-80 Request: Legalization of a 1.6 acre parcel Seven Castle Location: Section 1, T8S, R86W (adjacent to Seven Castles Subdivision) Commissioners Williams moved to table Sm -175-80 until May 28, 1980 as there is no final plat. Su -114-80-P2 Request: Preliminary Plan review of four duplex sites in a PD zone The Valley #5 Location: Parcel A of Lion's Ridge Subdivision #2. North central section of the Valley adjacent to Lion's Ridge Loop Road Terrill Knight, Planning Director, stated the next item is a request to create four duplex sites in the Valley #5. He pointed out the location on the plat. Mr. Knight advised the Staff and Planning Commission have concerns with development on the north side of the road as the steep banks and road cuts will present problems. Jim Cunningham presented a letter outlining conditions the Staff and Planning Commission had listed which he is willing to commit to in writing and ma Ke covenants and restrictions with respect to the deed. Mr. Cunningham discussed the preliminary plan. Mr. Knight advised the Staff and the Planning Commission recommend approval of this item. Commissioner Troxel moved Su -114-80-P2 be approved with the conditions as presented in a letter from Mr. Cunningham. (see exhibit) 510 Proceedings of the Board of County Commissioners 30th day April _—term 19 8o _— Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. 19--_ Request: Preliminary plan review of 68 lots in the RR zone and 8 parcels in the AR zone Location: Section 21, 22, 27, and 28 of 177S, R87W (Missouri Heights northe of Fender Lane) Tom Boni, Assistant Planning Director, advised the next item, Grange Ranch had been tabled from a previous hearing for a number of points. On April 30 the Board tabled this application which concerns the subdivision located on Missouri Heights with access from the El Jebel Hill Road. The Board made a motion March 26, 1980 directing the applicant to make the following changes: 1. Agreement to include plat notation requiring engineered design septic system be included 2. Agreement to include prohibition future subdivision including the Ranch 3. Written agreement to upgrade El Jebel Hill Road and Fender Lane east of project 4. Deletion of lot 71 & 72. Realignment of surrounding lots with easements might be appropriate 5. Deletion of lot 40 to accomodate well site 6. Written commitment to join water district when such becomes available 7. Written agreement to transfer water rights which run with the land to Home Owners Association or other district 8. Redesign of water system to allow gravity flow with adequate pressure to all lots 9. Address maintenance of ditches 10. Protection of road from ditch Dick Jennings, Project Manager, feels they have taken this action as far as they can. The overall density is one home per five acres. It is a very large scale with a lot of open space and a rural enviroment. Mr. Jennings advised this did meet unanimous approval from the Planning Commission. There have been commitments in writing to join a water district and all water rights will stay with the homeowners. Dean Gordon explained the proposed water booster station. Mr. Boni presented a letter stating the Basalt Fire District basically approves the water system based on the Eldorado Engineer water system design. Chairman Grant believes the lots that will require the booster system should be noted on the plat stating the lots that are under a booster system so the buyer will be aware of the system. Commissioner Williams feels one alternative is to not to develope the lower row of lots. Dave Grounds discussed the changes the Board had required in their motion for the applicant. He discussed the soils, elimination of Lot 40, protection of the road from the ditch, and upgrading E1 Jebel Hill Road. Chairman Grant questioned the agreement with Holy Cross to move the electric lines out of the middle of the road. Mr. Grounds advised they will move the ditch closer to the Ranch which precludes the widening of the road. Commissioner Troxel questioned if the agreements will be incorporated into a Subdivision Improvements Agreement. Mr. Boni advised that at final plat stage they will receive a Subdivision Improvements Agreement for the on-site improvement and also require the off-site road impacts to be addressed prior to final plat stage. Impacts were discussed and the Board concurred to agree to the study. Jerry Harkner explained Mr. Hignant had agreed to do the study. Mr. Harkner stated he would like to be kept apprised and be involved in the decision making process from the developers standpoint. He would like at the outset, to define portions of the road that will be considered. If the developers are going to be credited with the cost of the study on their participation he would like to know what the estimated cost will be. Commissioner Williams stated he was under the impression the cost of the study was not going to be credited to anyone, it would be included in the development. Commissioner Troxel disagreed with this. Jerry Harkner stated the developers are not asking the County to pay for the study. They just want, as different developers share in the overall improvements, the Engineer's study be credited to whichever development does it. Commissioner Troxel stated he has no problem with this as it is part of the cost of upgrading the road. Tom Boni state the Staff's recommendation - 1. Upper lots be provided with gravity flow water 2. Some commitment other than the Horse Ranch situation as Open Space 3. Combination lots might be more appropriate 4. Deal with off-site improvements of the road. Commissioner Troxel moved to approve the preliminary plan with the following conditions: 1. Before final plat all lots have to have gravity flow water systems 2. Agreement to be reached for proportionate share to be contributed to County Road and Bridge Fund for construction of impacted roads. 3. No variances on interior roads shall be allowed unless examined by County Engineer and approved by the Board Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: Preliminary Plan review of 38 units Location: NE', Section 12, 175S, R82W (adjacent to the NW corner of Eagle-VAil N2) Tom Boni, Assistant Planning Director, stated this application had been tabled at preliminary plan stage with the Planning Commission to obtain additional soils reports. The project is located west of Highway 6 on two zones, RSM & RSF. There is an existing duplex incorporated into the plan. Alan Phillips discussed the proposal of 36 units and the slopes. He advised the soils report was submitted to the Staff yesterday and the soils are stable. The engineers gave the steps in the report to keep the hillside stablized. Tom Boni advosed the Planning Staff recommended approval of the project. The Planning Commission recommended approval with conditions. These conditions haVe been met. Commissioner Williams moved Su -134-80-P be approved. Chairman Grant seconded the motion. Commissioner Troxel abstained as he was out of the room and did not hear the presentation. Chairman Grant declred the vote two in favor; Commissioner Troxel abstaining. Terrill Knight, Planning Director, introduced the next item as .a pre -application conference for Adam's Rib. Fred Kummer, representing Adam's Rib, requested this project not be compared with other ski areas but looked at as a new project. 'He discussed the transportation, village core, employee housing, study on the road, and the bus transportation system. Mary Hogg, discussed each parcel of land and explained what would be on each. Mr. Kummer explained initial phase areas and what would be included. Al Jensen re-emphasized the change in the commitment of the land to this project. The County does not have to worry and wonder what will happen next as the plan is already there. It will take 10-12 years to fully develope this project. He feels the key to the whole project is the design and commitment to be a year-round resort. I Su -117-80-P Grange Ranch (Aspen View) Su -134-80-P Gamma Development Corp. Adam's Rib I= E E April 30, 1980 Eagle County Commissioners P.O. Box 567 Eagle, Colorado 81631 7 MINN , t i [s ri {: s > Y hb 3 3 Y � I , z • .•^,ter,,, ' 1 `.'� # * i §' °.r. S^` <..h �,AL 0 The following items are a list of conditions which we will allow,' to be incorporated as protective covenants with the final plat s' of Phase V (4 duplex sites) of the Valley. 1. The two parking structures will be built substantially as lit- i planned. (See Exhibit A). 2. 150' site linea will maintained as shown in Exhibit B. 3. Revegation will take place as shown in Exhibit B including"I 6 (six) planting areas each to contain 5 to 8 new 8 to 10 foot Aspens and 3 - 5 to 8 foot Blue Spruce. I )" 4. The size of each of the eight dwelling units will not s exceed 2200 sq. feet of habitable area. (Habitable area does not include Mechanical Rooms, Garages, Storage i = or 1/2 of Stair Wells. The total habitable square footage for all 8 units will not exceed 17,600 square feet. 5. Theof the heightce units will be within that airspa that u 'N is created by a 300 angle from the center line of Buffertip Creek Road. 6. Retaining walls, rock -contour retainage area and snow- now storage stora a areas will be as shown on Exhibit B. Very Truly s, H� m; �L im Cu ingham >. 41 C 7 MINN , t i [s ri {: s > Y hb 3 3 Y � I , z • .•^,ter,,, ' 1 `.'� # * i §' °.r. S^` <..h �,AL 511 Proceedings of the Board of County Commissioners 30th day April term ig 8o 19 -- Appeal: Chuck Thompson Eagle -Vail Lot 41 Blk 3 Easement Vacation Appeal: James Snyder Appeal: Ben Rose Appeal: Bob Tfjacker Commissioner Troxel questioned how much money has been committed by HBE on this project. Mr. Jensen responded approximately five million dollars has been committed. The final development stage will be $400-$600 million. Commissioner Troxel questioned how many phases there will be. Mr. Jensen stated it will be a continuous building project for the first 10-12 years. Commissioner Williams discussed plans and solutions to the water and sewer and the master plan of urban areas. He suggested considering what time frame the nut and bolt issues should be in. Terrill knight presented announcements concerning the pre -application conference. There has been a meeting scheduled on May 15, 1980 from 2:OOP.M. to 5:00 P.M. and again at 7:00 P.M. to 10:00 P.M. which they encourage the public to attend. This is an effort to let people know what the project is and for the Forest Service, State of Colorado, and Planning Staff to give guidelines that will be reviewed. In addition the sketch plan is to be heard May 22, 1980 before the Planning Commission at the School Administration building. Terrill Knight, Planning Director, stated Chuck Thompson was before the Board previously to appeal the denial of a single-family home building permit. The Staff has met with Mr. Thompson and he is now requesting a refund of the building permit fee and plan check fee. The plan check fee is in the amount of $96.25 and the building permit fee is $192.50, making the total amount $288.75. The Staff recommends the amount be refunded. Commissioner Troxel moved to refund the $288.75. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Jim Williams, Zoning Inspector, discussed the easement that was created on Stonecreek. The request is for Lot 41 to vacate the Stonecreek drainage easement and bring it back to a normal 121-, foot setback on the side. Mr. Williams advised the Staff and Planning Commission had requested the applicant acquire formal letters of consent by the interested parties. At the time of the Planning Commission meeting one letter had not been obtained from the people of the golf course. Since that time the Planning Commission has received a letter form James Collins, Upper Eagle Valley Metro District, stating the District has considered the request for a 20 foot encroachment on the easement and have no comment. John Perkins, applicant, stated this easement was originally meant as a drainage easement. He is requesting the easement be relieved from 35 feet to 15 feet. Mr. Williams advised the Staff has no problems with this as long as the golf course has no intention of using it. Commissioner Williams moved to allow the request of the vacation of easement on Lot 41 Block 3 Eagle - Vail to 15 feet. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Jim Williams, Zoning Inspector, stated the next item is an appeal by James Snyder. The matter in question is a lot in Lake Creek Meadows in which the applicant applied for a building permit to put a garage on an existing foundation and a second unit above the garage. The Staff denied the application on the basis of Eagle County Zoning Regulations and a determination by Terrill Knight, Planning Director; a duplex is, in essence, one building with two units in one building. James Snyder, applicant, stated they are requesting a caretaker's living quarters above the garage. The two units will be connected by a 60 foot walk. Orin Palmateer questioned if there is a hardship created for anyone in the area because he has this kind of dwelling. Jim Thomas stated he has a copy of restrictions and covenants for Lake Creek Meadows which state it is permissable to have servants quarters and guesthouses. Commissioner Troxel moved to allow the building permit to be issued in this particular case due to the circumstances. Commissioner Williams would not second the motion as it is inconsistant with the Zoning Regulations and it is inappropriate at this time. Chairman Grant seconded the motion and declared the vote two in favor; Commissioner Williams voting "no" Jim Williams stated the next item was an appeal from Ben Rose. The request is to keep his motor home on the premises until May 31, 1980 while he is constructing his home. Mr. Rose stated he has been working on his home since late October, 1979. He advised the motor home is not visible from the highway and the building is located on a dead end street with only six houses on the street. Commissioner Troxel stated the problem is the Eagle -Vail covenants and PUD guide does not allow temporary housing permits. Jim Williams questioned if the County resolution would enforce the covenants. Beth Riggert, County Attorney, advised, as far as Eagle -Vail is concerned, there are PUD guidelines therefore it is not actually enforcing the private covenants. Commissioner Troxel moved to deny the request of appeal. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Jim Williams presented an appeal from Bob Thacker concerning the decision of rejection for two driveways as the plans were submitted on Lot 58 Block 4 Eagle -Vail #2. Mr. Thacker applied for a building permit and was denied on the basis of two driveways per lot. After that point, it was redesigned for one driveway and was granted a building permit. A decision has now been made to appeal the denial for two driveways. Mel Atwell, County Engineer, read the resolution on road cuts stating no more than one approach shall be allowed any parcel of property whose frontage is less thatn 100 ft. This shall be permitted only after showing of actual convenience or necessity. Mr. Atwell advised in his judgement this application did not show actual convenience or necessity as the lot could be redesigned to have one access on it. Fred Novack, general contractor, pointed out on the plat the original design and the redesign. He stated the changes are not practical due to having to back into the garage. Also the new design is cutting out an extra parking space. Initially it was designed to get the cars off the road and to have more landscaping in front. He stated it would be less expensive with only one driveway but more practical -with two Commissioner Williams stated this looks like a better plan with two driveways. Commissioner Williams moved to allow two driveways instead of one but both driveways must meet county specs and have 18 inch culverts. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. 512 Proceedings of the -Board of. County Commissioners 30th ay April term 19_80 Commissioner Troxel moved to adopt the drafted letter to James P. Johnson from Chairman Dale Grant in regards to H.R. 1967 Modification of the boundary of the White River Natioanl Forest. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. plats Commissioner Williams moved the following plats 1. Orrison Subdivision 2. Kanan/Nape Subdivision 3. Resubdivision of Lot 19 Whiskey Hill Commissioner Troxel seconded the motion and the be signed: 19__ Chairman declared the vote unanimous and signed the There being no further business to come before the Board the meeting was adjourned until May 5,,1980. & 1, airman Attest: r C c to the Boar H.R. 1967 Modification of Boundary Plats signed 513 Proceedings of the Board of County Commissioners 5th day May tern 19-8>a_ REGULAR MEETING Present: Dale Grant Chairman Hubert Peterson Treasurer Dan Williams Commissioner Johnnette Phillips Clerk to the Board Keith Troxel Commissioner Mary Merkling C.R.S. Beth Riggert County Attorney This being the first regular meeting of the month the following matters came before the Board for discussion. Jail Inspection Chairman Grant advised the inspection ,of.the ;County.Jail; showed "i.t`to;,be very .clean. The only complaint was the prisoners were not getting any exercise. Commissioner Troxel suggested discussing the contracts that had been submitted for painting and resolve how much is to be spent. Minutes Commissioner Troxel moved the minutes of March 25, 26 April 7,& 14 be approved with a minor correction of a name. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Silverly/ John Siverly appeared with a request to buy some mining claims the County has title to and purchase Mueller Tax tax certificates on other claims that are not presently on the tax roll. They are.requesting to purchase Certificates this property in the same fashion as it has been handled in the past. Hubert Peterson, County Treasurer, explained how the tax certificates can be assigned. Beth Riggert, County Attorney, gave her legal interpretation of the State Statute section 39-11-122 and section 39-11-142. Commissioner Troxel suggested Mr. Peterson and Ms. Riggert set a policy to sell the property and get it back on the tax roll. Mr. Peterson believes the best interest of the County would be to set a price on the property as it would take too much time and energy for his office to research the back taxes. Mr. Peterson explained that by error in the cancellation of certificates someone thought this cancelled the property also and a lot of property did not get put back on the tax roll. Commissioner Williams stated there are some of the mining claims that are surrounded by public lands with no road to them. One method might be to give the property back to the public agencies in exchange for some other property to be used for County purposes. If the Board does decide to sell the mines there should be something on the deed stating the Board does not convey any rights of ingress or egress with them. Chairman Grant stated in the interest of the County and the way land prices are, he would like to see the property go to bid. Commissioner Troxel moved the request for this particular application on County owned claims and property be put to_ bid process. The County will reserve the right to deed restrict the properties to make whoever buys the property comply with the current County subdivision and planning regulations. Commissioner Williams seconded the motion and requested discussion. Hubert Peterson explained the process for cancelled tax certificates. The County may cancel the certificate if they are held by the County for 30 years or more. If it is held by an individual for more than 15 years and a deed is not applied for the County may cancel it. Commissioner Troxel amended his motion to state this only applies to mi;ni4g claims in the County that are brought to the attention of the Commissioners and County Treasurer and not ordinary parcels of property the County may own. Ms. Riggert explained there should be two motions: 1. The tax deeds that are presently held by the County, as far as the mining claims presented today, should be directed to proceed to public auction sale 2. The cancelled certificates should proceed to tax sale. Commissioner Troxel withdrew his motion and Commissioner Williams withdrew his second. Chairman Grant stated he would like to get more information as to how Pitkin County has handled this type of situation. Mr. Siverly questioned if the Board does not choose to sell the certificates. Chairman Grant answered they did not want to sell them today. Commissioner Williams moved to table this item for 30 days to obtain further information. Commissioner Troxel seconded the motion. Discussion followed on the location of the requested pieces of property and tax sales. Commissioner Williams advised there will be a work session with Pitkin County to determine the best way to dispose of the land with deeds and contact the Pitkin County Commissioners who were in office when their litigations of this type took place. Mr. Peterson advised he is not going to assign any certificates that have been cancelled. The Board voted unanimously to tabl;4 this item for 30 days and take no action on the parcels presented. Airport Overlay Jim Rae, Airport Commission, introduced Greg Isbill as the consultant on the Airport Overlay project. Proposal: Greg Mr. Isbill discussed the grant for the overlay of the airport. Official notice of award should be Isbill received by June and they anticipate completion to the project by next winter. Mr. Isbill advised the Federal Government has changed their sponsorship this year from 80% to 90% leaving the County's share at 10%. The plan is to level the runway approximatly 12 inches with asphalt and to bring it up to 3 inches with overlay, change the position of the lights, replace the beacon, and overlay the apron as much as possible. It has been surveyed, the soils work is done, and it has been reviewed with the F.A.A. The F.A.A. will, hopefully, give their final approval in about a week. Mr. Isbill presented a contract for the Board's approval. He advised he had presented the contract to the Airport Commission and they had reviewed and approved it. Mr. Isbill discussed the poor shape of the apron and tie -downs that are not going;to be included in `i the improvements. He suggested the Board consider doing some work on this area. Chairman Grant advised Commissioner Troxel had stated he would like to see any extras not exceed $10,000.00. Chairman Grant would like to see this included in the base bid. Jim Rae advised when they embarked on this phase of the project they had planned on the cost being $120,000.00. With the 90%-10% cycle, the County could spend the extra money to take care of the apron. This would still be below the original estimate for the County's share of the project. Mick Kasher, Assistant Administrator, stated there is approximatly $120,000.Ob in the public works fund for the airport. Discussion followed on the appraisal of the airport. Mr. Isbill advised another appraisal is necessary as two are required. The County needs to decide what they are going to do. Jim Rae advised the Airport Commission needs a letter written on County stationery stating the Airport Commission reviewed Isbill and Associates' qualifications to do the project and they are deemed to be adequate. Commissioner Williams requested the record reflect Mr. Isbill was hired under the bid process. The Board concurred to take no action on the contract until the County Attorney has reviewed it. Hui Proceedings of the Board of County Commissioners 5th day MaY ____term 19_ $o L P. HO[9iR Ea.6Hh€n' &5If Harry Hurd, Airport Manager, appeared with a request from the Airport Commission for a 500 gallon Airport Comm fire fighting tank for the unimog. The cost would be $11,400.00. Fire fighting Commissioner Williams advised Mick Kasher, Assistant Administrator, will look at the budget and after I' tank next years budget is approved it will be ordered as soon as possible after the first of the year. i I. At this time the Board adjourned and reconvened as the Local Liquor Licensing Authority. Liquor License Beth Riggert, County Attorney, presented an application from the Menu, Inc. located at the West Vail Menu, Inc Mall for a Hotel and Resturant license. Robert Doyle, applicant, was sworn in by the County Clerk for testimony. Ms. Riggert stated the County has received the State and local fees. The criminal history check has been submitted and no one listed on the application has a criminal record. I! Ms. Riggert questioned descrepancies of the manger on the Employment Agreement. She advised if a I manager is hired, who is not part of the corporation, a manager's form has to be filled out and there is I an additional $75.00 fee. The Board reviewed the application and character witnesses. Commissioner Williams asked if this item can be tabled until all questions are cleared up. Mr. Doyle stated he feels 50% of Vail's population has seen the sign advertising the hearing on this license and there have been no objections. Commissioner Williams moved the liquor license for the Hotel and Resturant of Menu, Inc be approved. Chairman Grant seconded the motion as Commissioner Troxel was absent. The vote was declared unanimous of the two voting. I Commissioner Williams moved the Menu,Inc request for extended hours be approved. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Bill Post presented a Resolution concerning the preliminary plans for the Valley for the Board's review Commissioner Williams moved the Resolution regarding the Valley PUD for preliminary plan be approved. Chairman Grant seconded the motion as Commissioner Troxel was absent. The vote was declared unanimous of the two voting. Mr. Post presented an additional item of the vacation of the 10 foot strips. He advised Tom Boni, Assistant Planning Director;Jim Williams, Zoning Inspector; and Mel Atwell, County Engineer had reviewed the property and pointed out what property was needed for snow maintenance. Beth Riggert, County Attorney, reminded the Board the County had signed a contract with A.A. Calhoun & Company on the right-of-way for Lake Creek Road. There had been an old right-of-way granted to the County but the present Lake Creek Road is not within the old right-of-way. Ms. Riggert advised by State statute the County needs to vacate the old right-of-way. Commissioner Troxel moved to sign the agreement vacating the old right-of-way. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Beth Riggert, County Attorney, advised the Clerk and Recorder's Office has received a Special Events liquor license application from West Eagle County Search and Rescue, Inc. Ms. Riggert stated in the past the Board has delegated the authority to the Clerk and Recorder's office to process this type license unless there is a protest filed. Commissioner Williams moved to continue the policy of delagating the authority to the Clerk and Recorder's office for Special, Events liquor licenses. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Beth Riggert, County Attorney, presented petitions for abatement and refund from the Assessor's office. The first abatement is for Bull Pasture Homeowners Association. The reason for the petition was the park area which had been deeded to the Town of Eagle had been included in the acreage of the open space area The original value was $5,170.00. The tax was $362.47. The Abatement of the value was $2,180.00. The tax on the abatement would be $152.84 leaving a balance of $2,990.00 with a tax of $209.63. The County Assessor recommended the abatement be allowed. Commissioner Troxel moved the abatement be allowed. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Ms. Riggert presented the next petition from Roy Mosher on personal, -property. The reason for the petition was because it was assessed with sheep and they have not had any since 1978. The original value was $1,690.00 with a tax of $151.05. The abated balue is $1,210.00 with a tax of $78.94. There was a tax for predatory animal for $40.80. The remaining balance is $480.00 with a tax of $31.31. The County Assessor recommended the abatement be allowed although Mr. Mosher did not respond to the notices of valuation. Commissioner Troxel moved to allow the abatement. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. The next petition for abatement is for Thomas L. & Christine Osteen. The reason for this petition is the house was not complete by January 1, 1979. The original value was $32,110.00 with a tax of $2,838.21. The abated value is $15,600.00 with a tax of $1,378.89. This leaves a balance of $16,510.00 with a tax of $1,459.32. The County Assessor recommended the abatement be allowed as the building was assessed at 100% complete but was only 40% complete on January 1, 1979. Commissioner Williams moved the abatement be allowed. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Ms. Riggert advised the next petition of abatement is from Ronald Mellon, Home Security Life, and Gottfried Staufer. The reason for the petition is the building was put on as 100% complete as of January 1, 1979 and it was only 20% complete. The original value was $45,470.00 with a tax of $4,021.28. The abated value is #30,000.00 with a tax of $2,650.52. This leaves a balance of $15,470.00 with a tax of $1,366.76. The County Assessor recommended the abatement be allowed. Commissioner Troxel moved to allow the abatement. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Midk Kasher, Assistant Administrator, appeared and requested a formal motion for John-Oleson's lease to be extended on a month to month basis until a new lease can be formulated. Commissioner Troxel moved this be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Mr. Kasher requested direction on the expiration of the term of Harold Denton on the Building Board of Appeals which expired yesterday. The Board suggested advertising the vacancy to this position. Resolution Lake Creek Road Special Events Liquor License Abatement: Bull Pasture Home Owners Abatement: Roy Mosher Abatement: Thomas L. & Christine Osteen Abatement: Ronald Mellon, Home Security Life, Gottfried Staufer John Oleson's Lease 1 Proceedings of the Board of County Commissioners 5th day__ May term 19 s_D_ Resource Recovery Model Traffic Code Beaver Creek SUP David Jensen Basalt Library 515 19.—_ Mick Kasher, Assistant Administrator, presented the approval of the $19,017.00 increase for the Resource Recovery project. The total project cost will be $73,356.00 with 75% in federal funds. Mr; Kasher presented an amendment with the $19,000.00 increase of the contract. Commissioner Troxel moved to sign the contract. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Beth Riggert, County Attorney, discussed the memo the Board had directed her to draft pretaining to the Model Traffic Code. She advised the County did not have a current copy of the code and she had to send away for one. Discussion followed on junk cars on Gypsum Creek. Mick Kasher discussed the new computer budget forms. The Board concurred to start the Planning meeting at 8:00 A.M. on May 12, 1980. Ernie Nunn, Forest Service, appeared and discussed the Beaver Creek SUP. He advised the Forest Service had written Roger Lesman a letter stating before they could approve the preview season there were 3 items they needed a more indepth look at: 1. Ticket sales program 2. Employee housing 3. Transportation Mr. Nunn advised Beaver Creek should get -some -contracts out on employee housing to get some units ready for the pre -season. Commissioner Williams stated there was -a lot of conflicting information on the employee housing issue. Mr. Nunn stated the employee housing situation and regulations are new to the Forest Service. They have no manual to use and need the County's help to determine some of the criteria to be used. Commissioner Williams stated his big problem is with the preview season. The County did not originally authorize 3,340 skiers with no services. Mr. Nunn stated the number of skiers which is decided on and is agreeable to all parties concerned will be incoporated into the Beaver Creek Winter Sport Safety and Operation plan. Discussion followed on the employee housing. The Board thanked Mr. Nunn for appearing. David Jensen, representing Senator Armstrong's office, introduced himself and advised he has opened an office in Grand Junction for matters which may arise on the Western slope. He asked if there are any problems at this time that need looking at. Chairman Grant discussed the federal government taking away the County's P.I.L.T. monies. Mr. Jensen advised up until last week there was only a 28% cut being proposed. Last week Senator Bird stated eliminating P.I.L.T. might be the place to start in balancing the budget. Chairman Grant advised there are 82% public lands in this County and 75¢ per acre for taxes is not very much. Commissioner Williams advised the County has been involved for several years with the County Airport. They are in a program now and have received a $300,000.00 grant. If they are to continue on with a long range program it will cost several million dollars which primarily is federal or F.A.A. funded. Commissioner Troxel discussed the federal standards on jails. There is no way urban areas can meet federal standards. He feels there should be some standards for small urban areas. Discussion followed on boundary changes for the White River National Forest. The Board thanked Mr. Jensen for appearing. Annette Millirom, Basalt Library Board, introduced Greg Lewis as the coordinator on the building project. Ms. Millirom advised they are trying to build a new library building in Basalt. They were advised by the Pitkin County Commissioners to review the building plans with the County Finance Director to see if is is in the realm of reality. Ms. Millirom advised the Finance Director suggested they go to 21z mills which is the maximum allowable under the Colorado State Library Law. They are before the Board to request the issue be put on the general election ballot for the people to vote on the 2z mills in November. Chairman Grant advised Basalt had agreed to stay with the same mill as the Eagle County Library and he has problems with raising the taxes. Commissioner Williams stated people always blame the Commissioners for increases in taxes. Ms. Milli;rom explained how the project would be handled. The Board concurred to put the item on the ballot if it can be worded where the people will be aware they are voting for, higher taxes. Commissioner Troxel moved to approve the request from Basalt Library District in regards to allowing the question being put on the ballot concerning raising the mill levy from 1.5 to 2.5 maximum mills. This is conditional upon the wording of the ballot so there is an explanation of the mill increase being for library expansion. So it is understandable to voters the increase is going to increase their taxes. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Ms. Millirom advised they had one more item concerning an appointment of a trustee to the Basalt Library Board. She advised there has been a problem of keeping a quorum. There is allowed a maximum of 7 Board members. Ms. Millirom suggested an alternate be appointed to attend meetings in place of a member that is unable to ..attend. Ms. Millirom stated they are presently short an Eagle County trustee. The Library Board recommended having Daniel Isacson as a primary Board member and Meloney Grange as an alternate. Chairman Grant stated he had a problem t,�With this due to Mr. Isacson's public interest. Commissioner Troxel moved Meloney Grange be appointed trustee to the Library Board and Daniel Isacson be appointed as the alternate. The will be on a one year renewal. Commissioner Williams seconded the motion an -the Chairman declared the vote unanimous. There being no further business to come before the Board the meeting was adjourned until May 7, 1980. Attest "to e oar Z, f Chairman 516 Proceedings of the Board of County Commissioners 7th day Mav ____term 19 80 19 --- County General Fund County General Fund Payroll $ SPECIAL MEETING Craig Colby Present: Dale Grant Chairman Terrill Knight Planning Director Keith Troxel Commissioner Johnnette Phillips Clerk to the Board Dan Williams Commissioner Mary Merkling C.R.S. Assessor's billing for March 144.25 Johnson, Kunkel & Associates Billing for Assessor and Planning The following bills were examined, approved and warrants ordered drawn on the proper funds for the same in full payment, thereof: Invoice 027978 45.63 County General Fund County General Fund Payroll $ 113,129.30 Craig Colby Reimbursement for filing fees 13.00 Dan Williams Travel Expense 209.46 Dale F. Grant Travel Expenses 234.50 W. Keith Troxel Travel Expenses 176.33 Eagle Computer Systems Assessor's billing for March 144.25 Johnson, Kunkel & Associates Billing for Assessor and Planning 6,066.54 Printery at Vail, Ltd. Invoice 000124 418.75 Ben Meadows Company Invoice 027978 45.63 Business & Office Systems Invoices 063157 & 061142 103.25 Jack Haynes Advance travel for expenses 160.00 Xerox Coporation March xerox usage 349.30 C.F. Hoeckel Blank March statemgnt 1,275.88 3-M Business Products Invoices XB07225 & XB06911 275.25 Uarco, Inc Invoice 662761 43.06 McLean Trucking Freight bill 15.33 Kier Laboratories Coroner and Sheriff A/c 134.21 J.S. Steinbrecher, M.D. Autopsy on Gilbert Stone 300.00 Ben Galloway, M.D. Autopsy on Larry Arellano and Paul Goldman 610.00 Vail Auto Supply Sheriff's Invoices 199.26 Jack Haynes• Travel Expense 71.37 Allen Insurance Agency Insurance for 7-1980 AMC Eagles 1,585.00 Eagle Insurance Bond for civil officer 42.00 Boise Cascade Supplies 28.05 Tuxall Uniform Company Invoices 196.91 Valley View Hospital Sheriff's a/c/patient 3.00 Protectors, Ltd. Sheriff's account 245.00 Shelley's Supplies 229.10 Eagle Valley Telephone Phone bill 226.45 Colorado Mountain College Sheriff's account 52.00 Phillips Petrolium Sheriff's Account 341.04 Law Enforcement Equipment Sheriff's account 100.77 Rocky Mountain Police Supply Sheriff's account 258.15 Mountain Medical Associates Sheriff- patient Gary Butler 52.00 Glenwood Medical Associates Sheriff- M. Frimmil 29.80 Vail Valley Medical Center Sheriff- David Golly and Brian Edlbrook 100.75 Kister-Kwill Supplies 556.54 Eagle County Sheriff Department Petty cash 15.00 Loaf 'n Jug Sheriff- supply 6.51 Eagle -Vail Linen Supply Service 140.15 Sheriff of Garfield County Prisoner Boarding fees 558.00 Sheriff of Lake County Prisoner boarding fees 363.00 Joyce M. Swanson R.N. Sheriff's account 20.00 Mary J. Merkling, CSR Billing for transcripts 107.10 District Attorney Payroll and expenses 5,891.58 Vail Trail Legal Notices 11.70 Eagle Valley Enterprise Services 350.93 Roaring Fork Valley Journal Public notices 53.66 Glenwood Post Legal notices and ads 93.29 U.S. Government Printing Office Catalog of federal Domestic Assistance 20:00 Raymond the Printer 2,000 vouchers 115.00 Eagle County Treasurer FICA- Roland Gerard 166.69 Daniel E. Jones Animal Control Account 27.00 Jean Green Phone Bill expense 3.08 Eagle County Trash Animal Contol billin- 61.65 Alpine Animal Hospital Animal Control account 20.40 Basalt 66 Eagle County Animal Control account 75.40 Beasley's Super Foods Supplies 341.61 Mountain Bell Phone service 260.93 Allen Gerstenberger labor and expenses 425.95 Mary Cecilia Waringa Replacement for warrant- travel expenses 37.10 Butler Paper Company Invoice 29836 246.56 Commercial Office Products Supplies 357.49 Coca-Cola Bottling Company Invoice 000414 58.50 Broadway AMC/Jeep Invoice 10375 700.00 Mountain Services Invoice 1119 88.00 Olympic Sales Supplies 59.40 Road and Bridge Fund Gas useage 372.41 Tru Hartpence Labor to repair Kennel doors 480.00 Rocky Mountain Natural Gas Final billing 136.63 Randustrial Corporation Invoice 258189 787.71 Eagle Sanitation District Sewer Service 165.00 Gypsum United Methodist Women Purchase of broom 3.00 Thomas Boni Travel expense - CMC reimbursement 64.08 Top Drawer Invoice G56144 40.27 Fortune Pizza Invoice 11 28.10 H.R. Meininger Invoice F25132- Planning Dept. 5.14 First Bank of Eagle County Payment for AMC Eagles 653.38 John Wiley & Sons Invoice 34871 61.32 Alexis Johnson Reimbursement for freight bill 4.70 Fawn Valley Chalets & Inn Lodging building inspectors 61.29 National Enviromental Health 5 copies of '79 manual 25.00 Proceedings of the Board of County Commissioners 7th day May term 19$o_ 51 19-_ National Association of Counties Registration for solid waste seminar $ 30.00 Vail Village Travel Agency Invoice 0893 356.00 Colorado State Patrol Abandon vehicle fee 137.50 Eagle Towing Towing fee '137.00 Buckeye Gas Products Invoice 664462 33.25 Charles Spanel, Inc Refund of Miner Sub -div fee 150.00 Jack Oleson Refund of Sheriff fee 7.50 James H. Cummins Accrued vacation 606.00 Karen Crane Wages March and April adjustment 295.41 Eagle County Treasurer FICA taxes withheld 6,934.76 Eagle County Treasurer FICA taxes. withheld 55.26 Blue Cross/Blue Sheild Insurance Premium 6,844.69 Rocky Mountain Life Insurance Insurance Premium 358.22 Gart Brothers Invoice 12840 520.00 Stuart Satsky Travel Expenses 108.64 Gary Shields Misc. Expense 2.50 Eagle Computer Service Computer Services 22,031.98 Johnson, Kunkel And Assoc. Billing 337.72 Adirondack Direct Invoice 812401 413.76 Dept. of Administration Microfilm 46.46 Buena Eichler Travel Expenses 5.07 Debbie L. Hutchins Travel Expense 4.79 Eagle Valley Enterprise Want ads 118.04 3-M Business Products Supplies 417.41 Starr Doll, Registrar registrar's fees 10.00 Daniel E. Williams Reimbursement for phone 6.81 Dale F. Grant Travel Expenses 215.72 W. Keith Troxel Travel Expense 124.43 Dan Williams Travel expense 109.32 Reubens Lunch ticket for Commissioners 29.90 Donna Meineke Phone expense 18.52 Collett Enterprise April billing 3,876,93-- ,876.93_Dick DickWheeler Services 2,478.401- ,478.40:IBM IBMCoporation Supplies 2,729.30 Eagle County Treasurer Interest and redemption fee of tax sale 51.60 Hubert N. Peterson Travel expense 53.20 Beth Riggert Reimbursement 54.55 Mincer and Hartert Professional services 3,225.00 Frank Safranek County attroney dues 200.00 Eagle County Treasurer xerox copies 7.65 Economics Press, Inc Invoice X-566857 50.34 National Association of Counties registration of NACO 125.00 Colorado Counties 1980 dues 25.00 La Belles Supplies 96.82 Jack D'Orio Travel and salary expense 291.08 Judy Rude Travel and Misc expenses 75.28 Karen Crane Travel Expense 9.80 Mary Bernhardt Travel and Misc expense 28.38 Buckeye Gas Billing 424.01 Hollis Arden Ulate Contract labor 76.64 Shellys Invoice 019886 & 019887 48.43 Rocky Mountain Gas gas service 1,066.24 Holy Cross Electric Electric service 1,148.44 Western Auto Invoice 6198 4.98 Hometown Supply Supply 434.41 Boise Cascade Supplies 1,140.65 Road and Bridge Gas Useage 681.17 Eagle -Vail Animal Hospital Rabies receipts 70.00 Jefferson Bank & Trust Lease Payment 210.54 Pearl Henderwson Mileage 65.80 Carbondale Auto Supply Invoice 46522 14.53 Kister-Kwill Office Supplies 616.67 Visible Computer Supply Supplies 457.76 Rio Grande Motor Way Invoice 5997885 23.04 Wang Labratories Membership fees 40.00 Computer World 1 year subscription 30.00 Daily Sentinel Ads for engineering & Purchasing 56.55 Denver Post Public notices 72.00 Melton Atwell Travel Expenses 36.40 Claude L. Gerard Travel 54.74 Carole Ann Beck Therapist visits 376.00 Mountain Bell Phone service 263.40 Eagle Nursing Service Reimbursement of petty cash 25.30 Eagle Nursing Service -Vail Reimbursement of petty cash 17.96 Margie Gates, PHN Travel expenses 113.36 Cela Waringa Travel Expneses 43.12 Jane Merritt Travle expenses 85.26 Penny V. Holmes Travle expenses 9.80 Helen Molcsan Travel expenses 25.08 Nettie Reynolds, CNA Travel Expneses 27.04 Helen Molcsan Reimbursement 47.00 Vail Valley Medical Center Office rent and xerox copies 493.20 Colorado County Nurses Nurses dues 30.00 Physicians Desk Reference Medical reference book 27.50 Nurseco Nursing care planning guides 49.80 American Journal of nursing Book 17.00 American Marketing International Invoice 37900 208.59 Raymond the Printer 2500 envelopes 105.00 Coca-Cola Invoice 000589 & 000028 78.00 Uarco Supplies 599.54 Commercial Office Products Supplies 98.02 Craig T. Colby Travel 8.42 Rosey Capodieci Travel expense 15.82 Glenwood post Ads and 1 year subscription 93.00 518 Proceedings of the Board of County Commissioners-_ 7th day May__ term 19 80 .19-- Eagle 19-_ Eagle County Treasurer Xerox copies $ 5.85 Hoe & Grow, Inc Invoice 492 1,287.78 Elbert Baldrey Travel expenses 1.12 Hughes Plumbing & Heating Invoice 76 56.50 Mid -American Research Chemical Invoice 12473 138.43 L.L. Zancanella Recharge of fire extinquishers 10.20 Eagle Pharmacy Invoice 44 1.28 Radio Shack Invoice JO78437 55.80 E.J. Smith Book 7.50 American Planning Association Invoice 0320970480 42.00 Colorado Geological Survey Publications 7.50 Mary Merkling Salary 245.00 Lynde Gilliam Vail Mtn study consultant 510.00 Susan Vaughn Travel expenses 149.96 James Williams Travel Expenses 58.68 Fortune Pizza Planning Comm & Resource Recovery 50.16 International Conf. of Bldg. Officials 340.40 Solar Engineering Magazine Subscription renewal 20.00 Ed Hammer, Electrical Inspector Inspections 1,781.00 Lester Douglas Travel Expenses 48.39 Gerald Best Travel Expenses 36.98 Erik Edeen Travel Expenses 20.24 Frankline Associates, Ltd Progress payment - resource recovery 12,148.02 Jo Ann Deighan Travel Expenses 111.50 Erik Edeen Travel Expenses 36.68 Michael Kasher Travel Expenses 67.48 Vail Villafe Travel Agency Invoices 0920 & 0916 2,436.00 West Vail Texaco Towing fees 60.00 Glenwood Toilet Rentals April charges 55.00 Lucile Lieber Mileage and misc expenses 175.77 Virginia Rose Professional services 60.00 Reichel Development Refund of building permit fees 738.00 Susan Nulty Refund of bldg permit fees 111.50 Thompson Plumbing and Heating Refund of bldg permit fees 192.50 Bailey and Company Refund on overpayment 90.00 TOTAL--------------------------------------------------------------------------------------------$ 226,267.36 ROAD AND BRIDGE Road and Bridge fund Payroll $ 33,947.72 Jefferson Bank and Trust Lease payment 1,988.10 General Fund Useage of store room supplies 161.35 James L. Maaske Final wages- annual leave 953.61 Road and Bridge Reimburse petty cash 49.69 Eagle County Treasurer FICA taxes withheld 58.46' BOSS Office Supplies 78.00 Commercial Office Products Office Supplies 39.34 Johnson and Kunkel Topographical map of Lake Creek Road 1,693.21 Eagle Valley Telephone Phone char9es 44.66 Eagle Sanitation District Sewer service 15.00 Tampa Valley Electric Electric service 177.93 Eagle Electric Invoice 1013 1,388.29 Codisposal Seminar Registration fees 30.00 Xerox Corporation Xerox useage .45 General Fund Reimbursement 152.16 Boise Cascade Invoice 15832 .87 Eagle Auto Parts Supplies 282.26 Nottingham Sand and Gravel Finance charges .56 K. Arnold Reimbursement for purchases 17.55 Carbondale Mine Services Invoice C 1886 69.38 Eagle County Treasurer FICA taxes withheld 2,080.99 Blue cross/Blue Shield Ins. Contribution 2,095.03 Rocky Mountain Life Insurance Ins. Contributions 110.29 Kister-Kwill Supplies 33.92 Commercial Office Products Supplies 6.96 La Belles Invoice 315327 179.98 Business & Office Systems Invoice 064247 4,995.00 Hometown Supply Company Invoice 4834 34.42 City of Lakewood Invoices D1474O & D 13701 410.88 Power Motive Corp. Invoice 03661 5.35 Asphalt Supply & Service Bill of lading 132.00 Holland Auto Parts Supplies 169.43• Supplies Unlimited Invoices 13814 & 13918 82.25 McLean Trucking Freight invoice 19.32 Grand River Construction Supplies 2,599.39 Respond First -Aid System Invoice 20-45639 27.30 Valley Gas & Welding Invoice 16584 64.60 X-ergon Invoice 5-06440 479.85 Lawson Products Invoices 1974109 & 1974772 1,374.66 Ace Brush Manufacturing Invoice 24379 148.35 H.R. Services Services 11.00 M.S. Fegter & Co Supplies 162.62 Lilly -Wolff Ranch 2676 Ton Base 535.20 Collett Enterprises Gas billing 10,075.19 Mountain Bell Phone service 34.48 Douglas Pilcher Travel Expenses 67.12 Mac McCoy Travel Expenses 45.50 Ernest L. Cock Travel Expenses 60.76 K.F. Arnold Travel Expenses 30.94 Francis Daugherty Travel Expenses 61.60 Public Service Compnay Electric service 45.35 Rocky Mountain Natural Gas Gas service 621.92 Holy Cross Electric Electric service 233.53 Boise Cascade Supplies 151.70 Proceedings of the Board of County Commissioners 7th day--m-ay--term 1980 19-_ Drive Train Industries Supplies $ 566.29 Arnold Clausen Repairs on Morot Grader 326.60 Kaman Bearling Invoice 756598 8.74 Goodall Rubber Company Invoice 14 508258 598.25 Hanson Equipment, Inc. Supplies 138.05 Northwest Manufacturing Invoice 276 281.99 Denver East Machinery Invoice IV 23704 6.92 Jefferson Bank and Trust Payment for loan 1,988.10 Jefferson Bank aNd Trust payment for loan 2,304.10 Republic National Bank Loan payment 960.55 Ventre -Landauer Const. Pay request -Lake Creek Road project 18,495.00 . New Jersey Zinc Snowplowing at Gilman 960.00 TOTAL--------------------------------------------------------------------------------------------- $ 94,970.06 LIBRARY FUND Library Fund Payroll $ 6,203.00' Upstart Library Promotionals Supplies 37.00' Barron's Educational Services Supplies 57.60 Eagle County Public Library Reimbursement of petty cash 24.65 Road and Bridge Fund Gas Useage 212.80' Mountain Bell Phone Service 15.821 Minturn Branch Library Reimburement of petty cash 8.76. Roberta Depp Travel Expenses 14.05' Amy Niswanger Travel Expenses 4.251 Eagle Sanitation District Sewer Service 15.00' Xerox Corporation Xerox useage 8.28 Eagle County Treasurer FICA taxes withheld 380.24 Blue Cross/Blue Shield Insurance coverage 549.07 Rocky Mountain Life Insurance Insurance coverage 18.60 Catalog Card Corporation Invoice 084267 50.54 Garrett Book Cc Invoice 026139 362.61 Lowell Press Invoice 28292 33.83 Collector Books Invoice C 061630 87.68 University of New Mexico Press Invoice 64241 26.50 Reading Enrichment Company Invoice 11860 311.80 Unieversity of Wisconsin Invoice 59 3.15 Publishers Central Bureau Books 46.54 Quality Books, Inc Invoice 55277 65.00 Prentice -Hall, Inc Books 68.34 - Ebsco Subscription Books 449.29 McGraw-Hill Book Books 77.39 H.W. Wilson Company Invoice R0000563 62.00 New York Times Renewal notice 77.75 American Econo-Clad Service Invoice 155490 86.64 Thomas Bouregy and Co Invoice 9290 35.50 Baker & Taylor Books 130.77 Mountain Press Publishing Invoice 1485 13.51 Gordon's Books, Inc Books 296.58 Holy Cross Electric Electric Service 29.39 Highsmith Company Invoice E-13354 883.12 TOTAL--------------------------------------------------------------------------------------------- $ 10,747.05 This being the regular meeting gor payment of bills and for such other matters as appear on this day's agneda, to -wit: Western Eagle Loren Harkness, representing Western Eagle County Metropolitan Recreation District appeared to discuss County Metro the proposed district. He stated the purpose of this hearing is to give the Commissioner's a basis to Recreation approve or disapprove the service plan for this district. Uistrict Mr. Harkness advised the service plan was filed with the County on March 27, 1980. Thereafter, this hearing was set by Resolution. Notices of this hearing were published in the Eagle Valley Enterprise on April 24, 1980 and mailed to all persons entitled to recieve the notice. Mr. Harkness introduced the witnesses for today's hearing as: 1. Mary Hoza 2. John Reimler 3. Jack Pepper 4. Tom Doyle All witnesses were sworn to testify by the County Clerk. Mary Hoza, Chairman of the recreation committee, described the purpose of the meeting as supplying recreaction facilities for the Eagle area. Mrs. Hoza pointed out the area on the plat to be included in the District. She described the demand for the new area and stated the approximate population of the district as 8,500 with an increase of 400 per year. Mrs. Hoza described the proposed facility as including a swimming pool, handball courts, and meeting and locker rooms. This will be connected to the Eag1.e Valley middle school. They will also be able to use the gym and other facilities of the school. Mrs. Hoza advosed she had discussed the facilities with several people and they were all in favor of it. Commissioner Troxel questioned if this district will enable itself to other facilities besides what is proposed. Mrs. Hoza stated the district would be willing to go outside the proposed boundaries. John Reimler, coordinator of curriculum, discussed the construction of the facility. He discussed the costs as being: $ 48,000.00 - architectural & engineering fees $552,000.00 - facility construction $ 7,000.00 - legal costs $ 43,000.00 - capitilized interest for the first year in operation 650,000.00 - total construction Mr. Reimler commented on the position of the Eagle School District in respect to the proposed district. Mr. Harkness presented an exhibit to the service plan; a.letter from Dr. Gallegos, Superintendant of Eagle Valley School District, declaring the intention of the School District to convey to the Recreation Pistrict the necessary ground upon which the building will be constructed. 520 Proceedings of the Board of County Commissioners_ 7th ay May _term 19. BD 19--_ Mr. Reimler gave the reasons he feels there is a need for a Recreation District. Commissioner Troxel asked if there will be a contract that will 'spell out the obligations of both the Recreation District and the School District which will encumber future Boards. Jack Pepper, Boetcher & Co., stated he has supplied data contained in the financial feasibility portion of the service plan including the bond acquisition chart. He discussed the bonds. Tom Coyle, Town Manager of Eagle, advised that at the Eagle Town meeting a motion was put forward and passed unanimously to approve the Recreation District. Susan Vaughn, Planner, discussed recommendations of approval of the Planning Commission for the service (plan. Ray Tenza discussed the user fee schedule as being $30.00 per family for the in -district residents and $130.00 per family being out of the district. Mr. Harkness stated a need for the district has been demonstrated and they are requesting the Commissioners to adopt the Resolution approving the service plan. Ms. Vaughn presented a letter from Warner Properties in opposition of the district. Terrill Knight, Planning Director, stated the Staff feels this matter should go to the people for a vote. The Staff agrees there is a demonstrated need for recreation facilities but the following should be considered: 1. Is this the best way to handle this at this time 2. Boundaries should be considered for a possible more logical boundary 3. As Eagle is the primary commercial center will the development of the area effect recreation, open space, or the parks. ICharles Penland questioned if the East boundary is established as shown, is there anything in the statute to allow for a redesignation of the boundary. He questioned if the Edwards and Avon area have been sounded out about forming their own District so a not to cause conflict. Beth Riggert explained the boundary can be excluded by petition. Al Alpi, Mayor of Avon, stated Avon is very interested in recreation facilities for the Town of Avon. .He questioned if there are any regulations concerning the distance between areas that are duplicating (services. Commissioner Troxel moved to adopt the Resolution for approval of the Western Eagle County Metropolitan Recreation District service plan. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Jo Ann Deighan, Resource Recovery Project Manager, presented, to the Board, an.! addendum to the contract with Franklin and Associates, Ltd who are performing the feasibility study for the Resource Recovery project. Commissioner Williams moved the Resolution for the Resource Recovery feasiblilty study be approved and signed. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. The Resolution was signed. Terrill Knight, Planning Director, presented a proposed cooperative agreement with the Town of Eagle concerning mutual cooperation to complete a master plan. Mr. Knight pointed out on the plat where the boundarines will be. The Eagle water tank is the southerly boundary. The western boundary is the west side of section 6. The north boundary would be the end of the private land along Eby Creek. Approximately in the Red Canyon area would be the east boundary. Tom Coyle, Eagle Town Manager, discussed the project. Mr. Knight advised the Staff proposes the County adopt and sign the Resolution of Agreement. Commissioner Troxel moved the Chairman sign the agreement. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous and signed the agreement. Bruce Christnesen, representing the Upper Colorado Development of Disabled People, appeared to request Ijthe Board sign a contract agreeing to include Eagle County ason)e of the three counties utilizing the services of the program. The other counties are Garfield and Pitkin. Mr. Christensen explained the group has been operating about eight months. All disabled adults of the (jthree counties are eligable to recieve the services offered. Beth Riggert, County Attorney, questioned why there is only one contract. She believes there should !be three individual contracts for each County. One for each Pitkin, Garfield, and Eagle County. Mr. Christensen suggested a letter would be all that is necessary. The Board concurred. Commissioner Troxel moved to have the County Attorney draft a letter confirming the support (County to the Upper Colorado Development of Disabled People service. of Eagle Commissioner Williams seconded the motion and the vote was declared unanimous by the Chairman. Ther being no further business to come before the Board the meeting was adjourned until May 27, 1980. Chairman Clkto the Boai Resource Recovery Agreement: Town of Eagle& County Upper Colorado Development of Disabled People Proceedings of the Board of County Commissioners 12th day May term 19$o_ 521 19—_ Su -132-80-F SPECIAL MEETING R Location: Tract 56, Section 26, T4S, R84W (Old Diamond J Property) approx. 3 miles east of Eagle Acres Present: Dale Grant Chairman Terrill Knight Planning Director e Dan Williams Commissioner Tom Boni Assistant Planning Director Keith Troxel Commissioner Susan Vaughn Planner Mick Kasher Assistant Administrator Johnnette Phillips Clerk to the Board Mary Merkling C.S'.'R. This being the day for planning matters to be heard the following items were presented to the Board: Accident of Mel Atwell, County Engineer, appeared to discuss an accident of a concrete truck on Lake Creek Road. Concrete truck The bills for removal of the truck have become quite extensive. Mr. Atwell questioned who was responsible for payment. Chairman Grant stated common sense should be used with heavy loads and it is at the drivers risk. Commissioner Williams explained the accident and the problem of having to dump the cement on the spot. Mick Kasher, Assistant Administrator, advised the County liability insurance may cover the expenses of the accident. Su -120-80-F Request: Final Plat approval for 9 lots in the RR zone Eagle Hills Location: Tracts 42 and 43, 175S, R84W Tom Boni, Assistant Planning Director, presented the next item as the Eagle Hills final plat which was previously tabled. He pointed out the location on the plat and the location of Green Mountain Road. Mr. Boni advised Mel Atwell, County Engineer, and himself had been on the site and have discussed the conditions with the applicant, Mr. Lapin. The Subdivision Improvements Agreement is basically collateralized with two lots. There is also a plat restriction which states no building permits will be issued until the terms of the Subdivision Improvements Agreement are met. Mery Lapin, applicant, advised that at the previous meeting he questioned what was required off-site. Mr. Atwell and himself met and agreed what the cost sharing should be. Mr. Lapin advised the opinion of his engineer is the road is up to or exceeds standards. They would be responsible for approximately 41% of the cost using the portional method. In reading the County Regulation 5.02.51 both A & B refer to safety. His engineer does not feel there is a safety hazard on the road. The question now is maintenance. Mr. Lapin read a section of the regulations pretaining to this. Mr. Lapin stated Mr. Atwell feels the road should be garvelled with a 6" base. The applicant is willing to do 41% of the cost of laying the gravel. Commissioner Williams suggested the off-site portion of the cost sharing be put into making it more maintainable. Beth Riggert, County Attorney, discussed the proposed Improvements Agreement which states the public improvements will be secured by four notes in the amount of $65,000.00 secured by first deeds of trust. The promissory note and deeds of trust have not been drawn up yet. The present Deed of Trust needs to be subordinated. There is no Exhibit A on the agreement for improvements that need to be done because of problems with off-site impacts. Commissioner Williams questioned Mr. Atwell on bringing the road up to standards. Mr. Atwell responded the road can not be maintained very well but could be safe and maintainable with out asphalt.and pavement. There should be, at a minimum, 6" of gravel on the road. Commissioner Troxel stated the County will never pave the road but will probally be requested to do so many times. Terrill Knight, Planning Director, discussed the rural roads and water. A lengthy discussion on the roads into the subdivision followed. Commissioner Troxel moved Su -120-80-F be approved conditional upon a water contract being confirmed by the County Attorney as being legal and binding. Also a Subdivision Improvements Agreement being collateralized by lots selected by the Staff, a letter of credit, or cash; 41% contributions to off-site impacts be earmarked and set aside for the off=site impacts of this particular Eagle Hills Subdivision in the amount of between $4,000.00 and $7,000.00. The Subdivision Improvements Agreement be finalized to include Exhibit "A" Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel suggested a formal ruling for off-site impact improvements be made. Su -132-80-F Request: Final plat review of 8 lots Red Canyon Location: Tract 56, Section 26, T4S, R84W (Old Diamond J Property) approx. 3 miles east of Eagle Acres Tom Boni, Assistant Planning Director, stated the next item was the final plat of Red Canyon Acres. Mr. Boni advised this item had been previously tabled so. the proponent could amend the Subdivision Improvements Agreement to include a pro -rata share of the construction of the Diamond J Drive and to finalize.a letter of credit. Sam Johnson appeared and submitted a letter of credit to the Board. Jerry Seavy, attorney for Mr. Hornbaker, discussed sharing the cost of the road. He advised Mr. Hornbaker has submitted a $15,000.00 letter of credit which expires in October, 1980. He feels there should be some security from the applicant to secure Mr. Hornbaker on the pavement. Mr. Seavy suggested that prior to final plat approval there should be a security arrangement. Sam Johnson reminded the Board the Red Canyon Partners are agreeing to pay 2/3 of the improvements and feel they should not have to put up a letter of credit. Mr. Seavy stated he agrees with everthing that has been said, but they just want to make sure Mr. Hornbaker gets paid. Ron Hawkins, D -J Partner, feels, under all the circumstances that have been presented, the purchasers of the property are being taken advantage of. They have agreed to pay 2/3 of the cost which should show they want to work this out in a friendly manner. Commissioner Troxel does not believe the D -J Partners will not pay. Mr. Seavy is only asking for a business arrangement with a document guaranteeing payment. Harold Denton stated he feels this agreement is a document. A contract should be made but a letter of credit is not necessary. Dave Kunkel discussed the original agreement. He personally questions if they should agree to pay any improvement costs at all. Chairman Grant stated all that is being asked is a realization of help in paying for the road. He sees nothing wrong with that. Mr. Seavy is only asking the D -J Group be treated the same as Mr. Hornbaker with a letter of credit. Beth Riggert, County Attorney, stated she has a problem with Mr. Hornbaker's letter of credit. It states they must draw on the draft within one year of final plat approval. The improvements do not need to be put in until September 1981. Mr. Seavy explained, according to bank rules, they can only have the letter of credit for one year and if at that time the improvements are not in the County can request an additional letter of credit. Mr. Hornbaker has agreed to these terms. Sally Owens, D -J Partner, stated they have put money into the property with the understanding the roads were taken care of. They have now agreed to pay $1,000.00- $2,000.00. Now a,letter of credit is an additional fee they have to come up with. 522 Proceedings of the Board of County Commissioners 12th day May _._ term 19_ 80 19 -- Commissioner Williams moved Su -132-80-F be tabled not to exceed 30 days to get this matter cleared up. The motion died for lack of a second. Ms. Riggert, advised the letter agreement between Mr. Hornbaker and Red Canyon Acres states it is contingent upon final plat approval on or before May 15, 1980. Sam Johnson stated they have agreed to give Mr. Hornbaker a letter of credit for $6,000.0.. Commissioner Williams moved Su -132-80-F final plat be approved conditional upon a letter of credit from D -J Partners to Mr. Hornbaker for $6,000.00 to be reviewed prior to signing the final plat. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Zone change for 14 acres from Resource to Rural Residential Location: 11, miles south of Hooks Bridge adjacent to the Crown Mountain Subdivision in Tract 58, T8S,R87W Susan Vaughn, Planner, stated the next item is a request for a zone change. Dennus Baum requests to change 14 acres from Resource to Rural Residential. Ms. Vaughn pointed out the property on the plat advising a portion of it was in Pitkin County. The Planning Commission recommended approval of this item on April 2, 1980. The Staff recommended denial because of the distance between this and the existing development at El Jebel. In addition, it is only logical the developer stay on this side of the river. The other side is not appropriate for developemnt. Chairman Grant questioned if there has been any opposition from neighbors. Ms. Vaughn stated there had been none. She advised the Planning Commission recommended approval as they felt it would be inconsistant to deny a zone change when three had already been granted. Commissioner Williams feels this is premature although some day it may be appropriate. Chairman Grant believes it would be a mistake to approve any more development until the bridge is brought up to standards and there is some. kind of a sewer system in that area. Susan Vaughn read 10.03.04 of the Zoning Resolution which outlines conditions of the Subdivision Regulations. The Staff does not feel this project meets any of the conditions. Commissioner Williams moved Zc-126-80 be denied under the Zoning Resolution 10.03.04 Item (;as it relates to the master plan in that there is already approved development and it is not presently a community need. By approving more would be encouraging unbalanced growth. Commissioner Troxel seconded the motion and the vote was declared unanimous by the Chairman. Susan Vaughn, Planner, advised this application, a SUP to construct an electric transmission line, was conditionally approved by the Board on March 18, 1980. The condition being the applicant make a detailed study of the routing of point A through point B. Public Service has now completed the study. Fred Witsell, attorney for Public Service, advised Public Service Co. has submitted the required study to the Staff. Kirk Douglas, Public Service, stated Public Service Co. has provided the County with five copies of the study. The study is 12 square miles,,- 4 miles wide and 3 miles in length. There are enviromental overviews and man-made features. The man-made eatures that are important are the existing homes in the area. Mr. Douglas advised there were five alternatives considered in solving the problem of the best location between the new Basalt substation and point A. He pointed out the location of the alternates. Three of the alternates were locational. The disadvantage of these three alternates is the creation of a new corridor. Alternate D would remove the 69,000 volt line and the Sho Shine line and consolodate those facilities. Where there was once five utility lines it would leave only three. This would allow the new faciltiy to be placed on the existing corridor. Mr. Douglas advised the landowners in this area have been contacted about this alternate route. The Basalt Town Council has seen the alternate route but took no positive action. At the planning workshop held, it was agreed alternate D was the best solution. Mr. Witsell requested to formally offer the study as part of the record. He feels Public Service has done their best and met the conditions the Board placed on the approval. Susan Vaughn stated the Staff has reviewed the study and the alternates. Ms. Vaughn believes the study meets the conditions put on the approval and feels alternate D is the better of the four presented. The Stafl reviewed the other alternates and felt moving the line up the hill would be more of an impact. The Planning Staff recommends approval of Alternate D. Carolyn Southwell questioned why the line was not moved a little further north to the ridge of the hill where it would not be visible. Kirk Douglas responded that only elevated parts will be visible. Beth Riggert, County Attorney, suggested the Board direct her to make a findings and order concerning this matter. Chairman Grant stated she was so directed. Commissioner Troxel questioned if this would be constructed with a new road. Mr. Douglas advised there would be no new road cuts. He explained the poles being used will be single shaft poles with three circuits on them. Jack Alice questioned the position of the new line. Commissioner Williams requested the record reflect the Board of County Commissioners made an on-site inspection of the new lines. Commissioner Williams moved the SUP Zs -109-80 of Public Service Company be approved using alternate D as identified in their alternate site analysis, as made a part of the record, and that it be formulated into findings and order by the County Attorney. Commissioner Troxel would not second the motion but in discussion stated he feels the Forest Service is the culprit and until they deal with the local issues instead of at a national level the people are not going to be heard. Chairman Grant seconded the motion and declared the vote two in favor; Commissioner Troxel voting "no". Request: Special Use Permit for the construction, operation and maintenance of a 115 KV transmission line Location: Revised location north of Highway 82, from the new Basalt substation, following existing and approv( transmission line right-of-way, skirting the hill at El Jebel and crossing Highway 82 and the Roaring Fork River just east of the County line Susan Vaughn, Planner, stated the next item was a request by Colorado Ute Electric Association to construct, operate, and maintain a 115,000 volt electric transmission line which will ultimately serve from the Basalt substation to the substation at Carbondale. She pointed out the area Eagle County is concerned with. Homer Sampson, Manager of Transmission Engineering Construction for Colorado Ute, presented the position of the proposed lines. Susan Vaughn advised that on March 19, 1980 the Planning Staff held a work shop in Basalt. She stated they wanted to find out the public's comments and concerns. The group felt all counties should work together and establish corridors in advance. They felt the first priority in approving a powerline should be to keep the costs down. The second priority should be to keep the lines enviromentally sound. All lines should be on public lands wherever possible. If this is not possible it should be in residential areas and not on agricultural land. The lines should be located at the base of hills with the thought of making them blend in as much as possible. Ms. Vaughn advised this proposal is the best possible alignment and the Staff recommends approval. Commissioner Troxel moved Zs -114-80 be approved with quarterly reports concerning construction and the Zc-126-80 Dennus Baum Zs -109-80 Public Service Zs -114-80 Colorado Ute Electric Proceedings of the Board of County Commissioners 12th daYMa y.__ term 19-8o- 523 County monitoring and inspecting the lines. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous The Board directed the Planning Staff to submit a letter of Public Service requiring legal reports, although it can not legally be made.a part of the findings and order. Zs -5-79 Susan Vaughn, Planner, advised the next item is an annual review of Mountain Mobile Mix special Use Mountain Mobile Permit. This SUP was approved May 14, 1978 allowing Mountain Mobile Mix to install a concrete batch plant Mix at Nottingham's Sand and Gravel site. The Staff Has seen no difficulities and had no complaints. They recommend approval of this operation. Commissioner Williams moved Zs -5-79 be approved. Chairman Grant seconded the motion as Commissioner Troaxel was not present. The vote was declared unanimous of the two voting. Zs -10-79 Leonard Sinclaii Zs -83-79 Wally Dallen Zs -112-80 Loren Chambers Susan Vaughn, Planner, advised the next item was a permit approved May 14, 1979 to allow Leonard Sinclair to construct a hanger facility at the Eagle County Airport. This was approved with the condition the applicant understand this building is for temporary use only and he may or may not remain for any length of time. His lease with the County grants him one year with two three-year options. The one year lease began with the issuance of a building permit October25, 1979. Ms. Vaughn advised the Staff basically has no difficulity with the Special Use Permit. The lease will have to be renegotiated in October 1980. At which time the County may wish to review the Special Use Permit which will become boid if he does not renew the lease. Commissioner Williams moved Zs -10-79 be approved until October so the lease and SUP can become sumutaneous. Chairman Grant seconded the motion as Commissioner Troxel was not present. The vote was declared unanimous of the two voting. Susan Vaughn, Planner, advised this was a permit to allow Wally Dallenbach to have six beds and six cabins on an existing guest ranch. In the Zoning Resolution a person is allowed, by SUP. either twelve units or 48 beds. Mr. Dallenbach's original approval was for twenty cabins and a SUP with no yearly review clause. His second SUP allows for six beds and six cabins. Mr. Dallenbach is requesting, as a part of the review. to exclude 20 acres from the legal description with the purpose of allowing him to pursue a zone change request. Ms. Vaughn advised the Staff has no problem excluding the parcel as long as Mr. Dallenbach understands this does not guarantee approval from the Board for the zone change request. Discussion followed on the amendment of the SUP for the exclusion of the 20 acres. Ms. Vaughn advised the Staff recommends approval of the renewal of the SUP and there are no problems with the exclusion of the twenty acres. Commissioner Troxel moved Zs -83-79 be renewed. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel suggested the Board take no action on the amendment. Ms. Vaughn stated the Planning Staff requests that action be taken. Commissioner Troxel moved to approve the amendment with the stipulation it continue to be resource property until the applicant can come in for a zone change request. This does not create a 20 acre parcel. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: Special Use Permit for gravel extraction Location: Section 31, 32, T4S, R84W and Section 5 and 6, T5S, R84W north, NW of the Town of Eagle Susan Vaughn, Planner, advised the next item is a request, from Loren Chambers, for a SUP for a gravel and crushing operation on 149 acres. Ms. Vaughn explained Mr. Chamber's request for the gravel extraction as a process for making ditches. The Planning Commission recommended the applicant not be required to do an Enviromental Impact.Report and the Board approve the SUP with the following conditions: 1. The permit should be reviewed annually. 2. Proper sanitary facilities must be established and maintained. 3. A bond to insure completion of landscaping and revegetation is needed. 4. A plan for dust control on the access and the extraction and crushing site is needed. 5. The applicant needstomake an agreement with the County Commissioners about the surfacing of the access road. 6. An annual plan of work needs to be set up to limit the area mined at any given time. 7. Structures and/or equipment for crushing and extraction need to be located against the hillside so as to minimize the visual impact of the operation. B. There needs to be a 100' setback from the Eagle River shown on plans. Ms. Vaughn advised the Staff is not particulary opposed to gravel pits or gravel extraction operations. However, this area is too large and will have significant impact on the Town of Eagle. The Town has some concerns of dust and there will be an impact with heavy vehicles using the gravelled road. The applicant has said he will limit the unrevegetated area to two acres. The Staff felt there should be a limit on the area being mined. There are major concerns of trucks washing gravel and oil into the ditch. The Staff feels an enviromental impact report is necessary as the applicant has not established his plans clearly. Ms. Vaughn stated the Staff recommends tabling thisitem until the applicant can be present and the applicant be requested to do an Enviromental Impact Report to meet County guidelines. Terrill Knight, Planning Director, summarized the Staff's concerns. He stated there has been a minimum of information submitted and this project needs considerable work done. Susan Vaughn read letters of opposition from William Powell and John McGowan. Mr. McGowan appeared and discussed his opposition to the gravel extraction proposal. He discussed the it pollution problems he foresees if the SUP is approved. He requested the application for the SUP be denied. Commissioner Williams suggested tabling this item until the applicant is present. Commissioner Troxel stated his only problem with tabling the item is it would not give the applicant time to prepare an EIR. Commissioner Williams questioned the Town's response to this proposal. Ms. Vaughn advised the Town has reviewed this twice. She stated their concerns. Commissioner Troxel moved the SUP be denied as he feels the applicant should submit an EIR and reapply. .Commissioner Williams would not second the motion as he would rather table the item and have the applicant show why the EIR is not necessary. The applicant should have the opportunity to respond to comments made by the Board and the public. Chairman Grant believes the applicant should have been more concerned about getting the EIR. He does not feel there is time enough to do anything on the EIR now. He feels the Board is doing Mr. Chambers a favor by denying this proposal. Chairman Grant seconded the motion and declared the vote two in favor; Commissioner Williams voting "no" as he feels the procedure is incorrect. 524 Proceedings of the Board of County Commissioners 12th day ma—term 19 80 19 Leonard Sinclair appeared to discuss his SUP. The Board explained what had happened and why they only approved his SUP for six months. Commissioner Williams moved to ratify the previous motion and approval of this SUP to be reviewed and changes made in October 1980. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Terrill Knight, Planning Director, advised the next item was a hearing on amendments to the Eagle County Building Resolution. The purpose of this review is to adopt changes to the Resolution which accom- plish adoption of the revised Uniform Building Code. Also to clarify and make changes in the existing Resolution to be specific about what does and what does not need building permits. The Board needs to determine the effective date of any changes. Beth Riggert, County Attorney, briefly explained the proposal to update the Resolution and the amend- ments of the document. Les Douglas, Building Inspector, discussed the differences of the 12 to 18 inch culverts and the additior os culverts. Ms. Riggert pointed out changes she is suggesting. She advised by adopting the complete amended resolu- tion it will appeal and preclude the previously adopted Resolution. Discussion followed on the schedule of permit fees. Chairman Grant suggested the Board take time for review of the amendments. Commissioner Troxel moved to table this item until 1:30 May 28, 1980 to give the Board more time for review and give a grace period for anyone else wanting to apply on the old regulations which go into effect July 1, 1980. Mr. Stroop questioned the expiration time of the building permits and inspections. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Terrill Knight advised anyone wishing to make comments may do so in writing or direct them to the Staff and they will be presented to the Board. Terrill Knight stated the next item is the amendments to the Subdivision Regulations and Minor Subdivision Regulations. Mr. Knight Suggested postponing this item until a later date to enable the Board to review it. Mr. Knight went through the revised amendments to the Subdivision Regulations. Commissioner Troxel moved to continue the hearing to May 28, 1980 at 1:30 P.M. to enable the Board to review the revised recommendations and then take action of approving or disapproving them. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: Special Use Permit for gravel extraction Location: Section 31, 32 T4S, R84W and Section 5 and 6, T5S, R84W north, NW of the Town of Eagle Chairman Grnat advised that at this time the Board would recall Loren Chambers. Susan Vaughn, Planner, stated because Mr. Chambers missed the meeting this morning he would like to address the Board at this time. Chairman Grant stated the problem of needing the Enviromental Impact Report and phasing. There are concerns about the length of time it would take to get a report done. Loren Chambers discussed the proposed application and the impact of the trucks. Enviromentally most of the impacts are answered. Chairman Grant stated the dust impact had not been answered. Mr. Chambers advised he has proposed to pave the road and possibly share, with the County, the cost of paving the road to the County Fairgrounds: Commissioner Wi.11iams explained he hopes Mr. Chambers will be allowed to enter back into the process: This would then be referred back to the Planning Commission and then back to the Board. Chairman Grant suggested waiving the fee and let the applicant reapply for the Special Use Permit. Commissioner Troxel moved the motion remain as previously made with the exception of the permit fee being waived. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Mr. Chambers asked what other concerns need to be addressed, as he was not aware an Enviromental Impact Report was necessary. Susan Vaughn advised Mr.i Chambers there is a very specific format to be used for the EIR in the zoning Resolution. Susan Vaughn, Planner, advised the next item is the review of a SUP renewal which was granted previously for Martin Jones. This is a permit that was approved on June 11, 1979 to permit retail sales of agricultural products in a Resource zone. At this same time the Board specifically designated landscaping materials are included in agricultural products. Ms. Vaughn stated the Staff has some concerns about this because the original SUP and letter from the applicant, Maurie Nottingham, stated this lease was for only one year. The Staff believes the permit should be suspended and the illegal sign removed unless he provides further committment from the land owner. Commissioner Troxel moved Zs -88-79 be suspended until Mr. Jones brings in a letter from the property owner indicating a further committment to lease the property to him and he removes the illegal sign on the property. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Susan Vaughn, Planner, stated the next iten on the agenda was a review of the Special Use Permit for Rocky Mountain Airways to operate a Stol-Port at Avon. The Staff has reviewed the conditions of the original SUP and the conditions that were stated in their application as being the I - intention of RMA doing. Ms. Vaughn advised the STaff has prepared a memo which specifically itemizes all of the conditions of the original SUP and those items stated by. RMA. The Staff has included a portion of the application from the Enviromental Impact Report, a Resolution which RMA presented, and a portion of the application. Ms. Vaughn called the Board's attention to Item 4 which states RMA will continue to conduct a minimum of two flights per day from the Eagle County Airport. On April 7, 1980 RMA terminated their service to the Eagle County Airport. Ms. Vaughn advised the Staff recommends the Rocky Mountain Airport SUP be suspended until flights into the County Airport are reinstated. All other conditions of the permit have been met. Commissioner Troxel questioned if air monitors have been installed. J.B. Stone, representing Rocky Mountain Airways, answered questions on air quality samples stating RMA has been taking samples every fourth day. Commissioner Troxel asked if the noise monitors have been installed and operated every fourth day. Susan Vaughn advised the noise of the trains generated more noise than the aircrafts. The monitors have not been checked by the County every fourth day. Mr. Stone stated the noise monitors are operated every fourth day but other noises supercede the aircraft noise. He requested they not be run every fourth day until service pattern schedules should change. Zs -10-79 Leonard Sinclair Amendments to Building Resolution Amendments to Subdivision Regulations Zs -112-80 Loren Chambers Zs -88-79 Martin Jones Zs -42-78 Rocky Mountain Airways I- Budget -Rent- a -Car Easement - Vacation John Perkins Appeal: Proceedings of the Board of County Commissioners 12th day May term 19—m 19 Commissioner Troxel questioned if the top soil has been replaced and if they are connected to a water and sewer district. Mr. Stone answered both have been done. Ms.. Vaughn advised the site phase has been done. Mr. Stone, at this time, presented noise and pollution reprots. He spoke about why flights have been discontinued into the Eagle County Airport. Increase in fuel costs, decrease of passengers, and new regulations made it economically unfeasible to continue flights into the County. Chairman Grant and Commissioner Williams discussed Rocky Mountain Airways committment to continue service. Harry Hurd, County Airport Manager, discussed people being turned down on making reservations into the County Airport. He discussed the increase in rates -to fly into the County Airport as opposed to Avon. Leonard Sinclair speke about the leased grounds at the Airport. He feels if there are no filghts into the County Airport RMA should remove their facilities. Commissioner Troxel requested, if this SUP is approved, there be a condition, for the enonomy and welfare of the County, that the agreement to operate at the Ealge County Airport twice a day be honored. He feels, for the welfare of the County, Rma should post a flight schedule with Eagle County for the ensuing year on a month by month basis which will not be altered with out approval of the Board of County Commissioner. Commissioner Troxel would like a motion to state the Commissioners will meet with RMA and the Sirport Commission to determine lease conditions and the conditions he suggested. Beht Riggert, County Attorney, advised the Board needs to determine if conditions have been met on the SUP. If the conditions have not been met the Board should advertise for a hearing to impose additional conditions. J.B. Stone questioned who the airport lease would be negotiated with. Commissioner Troxel advised in the past the applications for airport lease packages have been handled through the Airport Commission and Mr. Hurd, then recommendations are given to the Board of County Commissioners. Mr. Stone suggested the Board take no action today as this is only a review of the SUP. Commissioner Williams advised that in the hearing on the Stol-Port it was stated the Stol-Port would provide a unique service. Rocky Mountain Airways had stated the development that had occured in Eastern Eagle County was of such high quality the Stol-Port would add to it. Commissioner Williams advised the recreation development was not a part of the permit. By the same token the Board issued exclusive rights to RMA to have the Stol-Port on Nottingham's property. He feels the County has recourse, not through the permit process, but through processes. The County should pursue and encourage the public that feels the service is not adequate to let it be known and take positive action. Ms. Riggert summarized the basic reasons the conditions should be imposed. The only way the Board could impose additional conditions would be pursuant to section 19 of the findings and order. Susan Vaughn read section 6.00.03 of the Zoning Resolution which states the Board of County Commissioners may approve a SUP and impose additional restrictions on a number of things or any other restriction or provision it deems necessary to protect the health, safety, and welfare of the population in uses of the neighborhood or zone district. Commissioner TroxelimIDroed:to call another hearing pursuant to condition 19 of the SUP approved by the Board in 1977. At this time the following items will be addressed by the applicant: 1. Rocky Mountain Airways intent to operate at the Eagle County Airport at least two times per day and why they feel it does not effect the welfare of the County 2. Rocky Mountain Airways intent to post flight schedules with Ealge County for the ensuing year on a month by month basis which shall not be altered without prior.Commissioner approval 3. The lease in question at Eagle County Airport will be discussed at the,applicants request' The hearing will be held July 14, 1980 at 1:30 P.M. Commisioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved to approve the continuation of the SUP for RMA on the Stol-Port at Avon with a one year renewal. The motion died for lack of a second. Commissioner Williams moved to not suspend the SUP today but continue it not to exceed one year until the Board takes different action. C_ommiSsioner Troxel seconded the motion and the vote was declared unanimous by the Chairman. Commissioner Troxel moved to include in the hearing of July 14, 1980 how often monitoring of air and noise would be required. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Susan Vaughn, Planner, presented a letter from R.C. Gustan, President of Castle Peak Transportation, Inc dba Budget -Rent -a -Car of Eagle, requesting to serve the Eagle County area and requesting the Commissioners to consider an amendment to the Zoning Regulation 3.01.03 Item 3 to allow the addition of "related services". Ms. Vaughn stated she did call Mr. Gustan and advise him of items of the Stol-Port findings that state use at the Stol-Port is confined to one use. Terrill Knight, Planning Director, suggested, since Mr. Gustan is not present, the Board refer action until the Staff has obtained criteria and similar cases to this. Commissioner Troxel moved Budget -Rent -a -Car's request be tabled until more information is obtained. Commissioner Troxel withdrew his motion and moved the request be denied until the Board can obtain more information about the zone change request. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Jim Williams, Zoning Inspector, advised that at a previous meeting the Board approved an easement vacation of Lot 41 Blk 3 Eagle -Vail #1 based upon two letters; the first from the Metropolitan District and one from the Architectural Committee. The abandonment was 20 feet of 35 feet of a drainage easement. Mr. Williams stated the County Engineer and himself had spoken to the developer in relationship to the Eagle -Vail Subdivision. The developer indicated he was not happy with the liability as the original plan showed the easement and drainage as it should have been constructed. This item was brought back to the Board for further discussion.based upon additional information. John Perkins stated it was not constructed as originally intended as there are other parts lower, beyond this lot line, that would go under water before it reached the drainage. Jim Williams located, on the plat, the drainage easement and lot 49 and 50 which are not useable because of easements. Mr. Knight does not feel this should be delayed any further. They should get the original engineerinc review and drawings to get a firm answer of what is happening on this matter. Mr. Perkins requested to continue the motion that was made previously. Chairman Grant suggested the County Engineer and Zoning Inspector survey the area. Commissioner Troxel moved to continue this request to May 27, 1980 at 1:30 and direct the Staff to review this and reach a solution and recommendation for the Board. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel amended his motion to request a letter from the Metropolitan District or any interested party as to who owns the easement. 526 Proceedings of the Board of County Commissioners 12thday May.__term 19 80 19 Terrill Knight, Planning Director, stated the next item on the agenda is an appeal of a stop work order issued by the Planning Department on property owned by Tom Knudson. The question concerns the excavation of a site which is zoned for a PUD. The property is east of and surrounded by Arrowhead PUD property. When the Staff became aware of the excavation they researched the regulations which state in the resource zone a special use permit is required for gravel extraction operations. At this time the Staff issued a stop work order for the excavation operation. Mr. Knudson advised the property was already excavated somewhat. He wants to make it larger to make a horse ring to break horses. He advised he had called the Planning Department and was informed 'a permit was not necessary. Terrill Knight stated there is a problem as this was excavated years ago and never revegitated or used for any purpose so this becomes an expansion of a non -conforming use. Mr. Knudson's request is to be able to continue change to the land which technically requires a plan to be approved by the Board. Bruce Yanke, B'& B Excavating, stated he is doing a fill job further sown the road and Sunridge Pacific Heritage ahs bought the fill from Mr. Knudson. He advised the top soil has been saved to revegitate. Commissioner Troxel moved to approve the appeal with the condition site plan approval of the project revegitation, and slope analysis be done by the Staff. This site can not be used for commercial use of any kind. After the Staff is in receipt of the letter from Steve Johnson of A.G. Wassdnaar including the soils report and the revegetation plan work may resume. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. San Johnson appeared and presented his Improvements Agreement, letter of credit, and a letter for school land dedication in regards to Red Canyon Acres plat. Making a total of $1,235.00. Commissioner Troxle moved the Chairman sign the Red Canyon Acres Plat. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved the Chairman sign the application for form DR 240 Colorado Gift Tax Exemption Certificate. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Jack D'Orio, County Agent, appeared and requested a letter of proof of local government approval for a special 10 day permit to remove fill from a road right-of-way on the Colorado River and on Leonard Horn's rnach. Commissioner Troxel moved Mr. D'Orio draft a letter containing these requests he specified in the minutes and the Chairman sign the letter on Wednesday. 4ommissioner Williams seconded the motion and the Chariman declared the vote unanimous. There being no further business to come before the Board this date the meeting was adjourned until May 27, 1980. Chairman Attest: Clerk to the B ar Appeal: Tom Knudson Red Canyon Acres DR 240 Colorado Gift Tax Exemption Jack D'Orio Proceedings of the Board of County Commissioners 27th day May _ term M o_. Edwards Water Feasability Study i 4- Enviromental Health State Contract Pollution Study South Forty Sub/ Bill Williams Isbill contraci on improvement County 'Airport Amicus Curiae SPECI.AL MEETING 527 19—_ Present: Dale Grant Chairman Tom Boni Assistant Plannino Director Dan Williams Commissioner Johnnette Phillips Clerk to the Board Keith Troxel Commissioner Mary Merkling C.S.R. Terrill Knight Planning Director This being the day set aside for the Social Services Department matters, the morning was spent with the Board of County Commissioners discussing Welfare items. .When the meeting reconvened in the afternoon Tom Boni, Assistant Planning Director, presented discusssior on the Edwards Water Feasibility study. Mr. Boni advised that at the last meetina on this item the participants requested this matter be brought back to the Board for further discussion of Land Use in the area. Mr. Boni discussed the acreage of the area and the zone change. He believes this plan does not conflict with the Master Plan. Based on this type of drawing and these numbers, the Staff determined 86 units would be allowed. Terrill Knight, Planning Director, advised the reason for being here today is there have been requests for alot of subdivision activity in this area. Mr. Knight advised the water supply could be a problem. The water service must be related to the land. The people who state the Master Plan is outdated may be correct in this particular area. Mr. Boni stated based on these areas, the Staff has determined the number of dwelling units that would be served by the water system as approximately 1,067 which represents approximatly 3,700 people. Mr. Boni advised there is a fine line that differentiates what is being done from the Master plan. It is by no means a Master Plan but it does represent something that the people who are beninninn to think about forming a Water District can understand. Commissioner Williams emphasized for the press, this in no way stands for any approvals. The Master Plan will change in the years to come. For today the numbers may seem high but in five years will probally be perfectly acceptable. Commissioner Troxel stated he would not object to using the numbers in a service plan but after the Master Plan is complete -it could change in oncoming years. Chairman Grant stated he agreed as long as it is understood this is to be just a ,working plan and is not to have development based on it. Eric Edeen, Health Officer, discussed the State Contract for Egviromental Health programs. He advised the State is offering 35% refund of salary for one sanitarian. Mr. Edeen advised the State assured the County, last year, they would work some specific legal agreements with the Town. Mr. Edeen advised in an incorporated town the Town Council is the Board of Health so this would need a legal contract with each Town. If the Countv nets back into this program the priorities should be on helath concerns of the County. Mr. Edeen read a list.of inspections and duties that are contained in the contract for the County, if the contract with the State is signed. Commissioner Williams stated the County has gotten out of the contract and he feels they should stay out of it. Commissioner Williams moved to not sign the contract. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Laurie Snyder, Vail Health Officer, presented, to the Board, a study on pollution of the air in the following categories: 1. Fireplaces 2. Road Dust 3. Restaurant grills 4. Transportation Ms. Snyder advised the Board of her implementation strategy to control the pollution. Commissioner Williams asked if there has been a water quality implementation plan. Ms. Snyder responded there has not been one done as she just finished the air study. The Board thanked Ms'. Snyder for appearing. Bill Williams appeared in regards to the South Forty Subdivision. He advised the County is still holding four lots as collateral. He is requesting two be released as soon as possible. Mr. Williams stated in regards to the value of the lots the last one resold for $62,500.00. One lot was foreclosed on for $31,000.00. The cheapest was resold for $45,500.00. There have been two sold in the $50,000.00 ranee. Fir. Williams advised he would settle for two lots being released leaving the County holding two. Commissioner Troxel moved to instruct the County Attorney to draft a seperate agreement concerning the lots the County will be holding until the estimated improvements of the engineer are complete. The release of lots 21 & 22 should be taken care of by the County Attorney as soon as possible. Lots 23 & 30 will be retained by the County. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Beth Riggert, County Attorney, presented- the Isbill contract for consultation for improvements of the Eagle County Airport. Ms. Riggert stated she has reviewed the contract and added an addendum which Mr. Isbill has signed regarding the changes she would like in the contract. Basically she has no problem with the contract. The terms she did add were that the contract was contingent upon the availability of Federal funds; If there is any change in the scope of the project as far as Mr. Isbill is concerned then he must come before the Board before making the change if it is an additional expense to the County. There is no bond required as this is an engineer service. Commissioner Troxel moved the Chairman sign the contract as presented by the County Attorney. Commissioner Williams seconded and the vote was declared unanimous by the Chairman. Ms. Riggert presented a letter of Certificate of Plans, required by the F.A.A., concerning this contract. She advised this will enable the County to begin the process to receive Federal funds. Commissioner Williams moved the Chairman sign the Certificate of Plans. Commissioner Troxel seconded the motion and the Chairman declared'the vote unanimous. Beth Riggert, County Attorney, advised the Board she has filed an Amicus Curiae brief in the Supreme Court of Colorado which states Eagle County's position in regard to the Summit County Land Use case. Eagle County is in support of their comprehensive plan as it is consistant with the Eagle County Master Plan. Resolution Beth Riggert, County Attorney, presented a previously approved Resolution in the final form for the "Human Service" policy Executive Order in connection with House Jount Resolution #1011. Commissioner Troxel moved to formalize the Resolution. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. 528 Proceedings of the Board of County Commissioners 27th day May ___—term 19 80 19T Beth Riggert, County Attorney, advised she had previously presented a draft of supplemental Findings& Order concerning the SUP submitted by Public Service Co. and Colorado Ute Electric Association. She asked if the Board had reviewed the Findings & Order. The Board concurred to review the Findings and Order and approve it tomorrow. Beth Riggert, County Attorney, advised that the County Clerk had given her a drafted Resolution concern- ing committing to the electorate the question of an increase in the Mill Levy for the Basalt Regional Library District. Commissioner Troxel moved the Board approve the Resolution regarding the submittal to the electorate the question of the increase of the Mill Levy for the Basalt Regional Library District. Commissioner Williams seconded the motion and the vote was declared unanimous by the Chariman. At this time the Board adjourned as the Board of County Commissioners and reconvened as the Board of Tax Abatements. Beth Riggert, County Attorney, stated the first abatement is for Thomas J. Anderson D.D.S.. The des- cription of the property is personal property in a dentists office. The reason for the petition is the equipment in the office should have been assessed to the leasing company not to the dentist. The original value of the property was $64,00.00 with a tax of $520.57. The abatement of the value is $53,00.00 with the tax on the aabatement being $431.10. The balance of the value is $1,100.00 with a tax og $89.47. The County Assessor recommended the abatement be allowed. Commissioner Troxel moved to approve the abatement request. Commissioner Williams seconded the motion and the vote was declared unanimous by the Chairman. Ms. Riggert advised the next petition of abatement was from Gerald Godat. The reason for the petition was he was being assessed with too much land. The abatement of the value is $380.00 with a tax of $24.88. This leaves a balance of the value at $240.00 with a tax of $15.71. The Assessor recommended the abatement be allowed. Commissioner Williams moved the abatement be allowed. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Ms. Riggert stated the next petition for abatement is from Marvin G. Troxel because there was an error made in the amount of land to be assessed. The abatement on the value is $360.00 with the abatement of tax being $34.85. This leaves a balance of the value at $630.00 with a tax of $60.98. The Assessor recommended this abatement be allowed,as there was an incorrect square footage on this parcel of ground. Commissioner Williams moved the abatement be allowed. Chairman Grant seconded the motion as Commissioner Troxel abstained from the vote. The vote was declared two in favor; Commissioner Troxel abstaining. Ms. Riggert advised the next item is a petition for a refund from Richard Strauss dba Shapiro Const. Company. The description of the property is household furniture in New Moon Mobile Home in Space 48 Benchmark M.H.P.. The reason for the request of refund is it was double assessed. The original value is $70.00 with a tax of $6.82. The abatement of the value is $70.00 with a tax of $6.82. The County Assessor recommended the refund be allowed. Commissioner Troxel'moved the refund be allowed. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Ms Riggert advised the last petition for abatement was from Mole Hole of Vail. The merchandise and equipment were incorrectly assessed. The abatement on the value is $9,260.00 with a tax of $741.36. This leaves a balance on the value of $4,040.00 with a tax of $323.44. The Assessor recommended the abatement be allowed. Commissioner Troxel moved the abatement be allowed. Commissioner'Williams seconded the motion and the Chairman declared the vote unanimous. Beth Riggert, County Attorney, presented the next item as John Olesen, Rocky Mountain Flying Services, Fixed Base Operator Lease. Ms. Riggert advised the Board had entered into an agreement with Rocky Mountain Flying Service on April 23,• 1973. This needs to be renegotiated at this time. Ms. Riggert stated the lease has been before the Airport Commission and they have approved it. She read the lease with additions and deletions that have been made. Discussion followed on the 3% revenue paid to the County by Mr. Olesen. John Olesen presented a sheet of sales at the airport since 1973 and reviewed it with the Board. Don Klinger, appearing as an individual, advised he is opposed to the lease and stated his reasons: 1. He believes the County should derive an amount of money, for any lease, that is equal to or exceeds like type businesses in the area. He discussed the payments made by tourists. 2. He prefers a percentage on the gas instead of a fixed price per gallon charge. 3. He feels the problem with the Airport Commission is they are not business oriented and do not realize their obligation of revenue to a governing body. Commissioner Troxel stated if the Board tables this item he would like to instruct the County Attorney to review the CPI average to determine what the Board is looking at. Beth Riggert advised she needs an Exhibit "A" a map, as it is part of the lease. Commissioner Williams moved the proposed contract between John Olesen and Eagle County be continued until June 6 at 1:30 at which time Mr. Olesen should furnish Exhibit "A" to the contract. Commissioner Troxel seconded the motion and the vote was declared unanimous by the Chairman. Doug Pilcher, Road and Bridge Supervisor, appeared to discuss the Road and Bridge finance package on equipment. He advised Craig Colby, Purchasing Agent, has all of the bids that have been submitted. Craig Colby stated the total finance package for the three year program for the new equipment acquisition is $362.735.00. Mr. Colby advised the Board needs to review the bids on the road grader, steam washer, dump body and trailer, steel wheel roller, and the box paver. Mr. Pilcher advised the loader and communication system are not included in this package. Mr. Colby recommended the Board accept the John Deere 772 for a total of $94,584.20 to be lease/ purchased over three years. Commissioner Troxel moved to accept the bid for the John Deere 772. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Mr. Colby recommended the Board accept the bid on the Malsbury 610 steam washer for $7,320.00. Commissioner Troxel moved to accept the bid for the Malsbury model 610-OES-1G combination high pressure washer and steam cleaner. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Mr. Colby advised the next item is in reference to the dump bodies and pup trailers. Mr. Pilcher and Mr. Colby recommended the Williamson package be accepted in the amount of $62,262.00. Findings & Order Public Service/ Colo Ute SUP Resolution Abatements John Olesen Lease Road & Bridge Financing 1 Proceedings of the Board of County Commissioners 27th day May term 19-8-o- 5:6.999 19___ Commissioner Troxel moved to accept the Williamson bid. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Mr. Colby recommended the Board accept the bid for the steel wheel roller for $14,146.00. Commissioner Troxel moved to approve the bid for the Mauldin steel wheel .roller for $14,146.00. Commissioner Williams seconded the motion and the vote was declared unanimous by the Chairman. Mr. Colby recommended the bid from Miller for the box paver in the amount of $16,123.00 be accepted. Commissioner Williams moved to purchase the paver in the amount of $16,123.00. Commissioner Troxel seconded the motion and the vote was declared unanimous by the Chairman. Mr. Colby advised the Board that the completed package included the previously purchased unimog which had been used as collateral and refinanced in the package; $33,000.00 will be returned to the Road & Bridge budget. The total financed for 3 years being $363.735.00. The Board concurred. Mr. Colby presented a note that needed the Chairman's signature for the J-10 pick-up for animal control. The base price on the pick-up is $6,515.55 with finance charges of $888.87. The total cost being $7,404.42 with monthly payments of $205.68. Commissioner Troxel moved the Chairman sign the note. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. There being no further business to come before the Board this date the meeting was adjourned until May 28, 1980. Attest: lerk to the Boa Chairman 539 Proceedings of the Board of County Commissioners 28th day_. May __term 19 $o_ SPECIAL MEETING 19_._ Present: Dale Grant Chairman Tom Boni Assistant Planning Director Dan Williams Commissioner Linda Hatton Secretary to Clerk to the B Keith Troxel Commissioner Mary Merkling C.S.R. Terrill Knight Planning Director This being the day scheduled for planning matters, the following items were presented, to wit: Request: Final Plat review of 18 units Location: Lot 1-A, Block 2, Eagle -Vail #2 Tom Boni, Assistant Planning Director, stated the first item on the agenda was a final plat for Tract B Condominiums. He pointed out the location as being on the north side of Highway 6 in Eagle -Vail. Mr. Boni advised the County received the preliminary plan approximately one year ago. The applicants proceeded to construct the first phase on the eastern end of the project. At this time they are requesting approval of the final plat on the second phase of the project. Mr. Boni stated the Planning Commission recommended approval of Tract B Condominiums with 18 units conditional upon the wording of the certificate of dedication and ownership be changed to reflect County standards. Commissioner Williams moved Su -111-80-F be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Condominiumize a fourplex Location: Lots 23 and 24, Vail Village West Filing #1 Tom Boni, Assistant Planning Director, stated the next item on the agenda is a minor subdivision for Sierra Condominiums. The request is to condominiumize an existing four-plex which was constructed prior to 1974. Mr. Boni pointed out the location as being adjacent to the Town and bordering Highland Meadows. Lot 23 has an existing 4 story four-plex. The applicant is proposing to subdivide this building into four condominium -units. In order to do this it is required to provide adequate parking. To acquire the needed space for parking, it is proposed to use portions of Lot 24. The applicants are proposing to bring traffic to the cul-de-sac and double back to provide more parking. Commissioner Williams asked if this would require a retaining wall and if all construction would be outside the right-of-way. Tom Boni advised a portion of the construction will be in the right-of-way. He advised the Staff is concerned with the feasiblity of this project. The application was tabled, approximately two months ago, at the original minor subdivision hearing before the Planning Commission. A request to supply the County with a soils report, grading plan, and landscaping plan was made. The applicant has addressed these issues along with a Subdivision Improvements Agreement to cover construction. Discussion followed on mud and slide problems of Lot 22. Bill Post, applicant, discussed the protective covenants of the property when it was built. He advised the owners are proposing to condominiumize a four-plex building which contains 12 bedrooms and one parking space. They are proposing to put three parking spaces on Lot 23 and 7 on Lot 24. The engineering plans have been submitted and approved. Mr. Post stated he believed the only concern of the Planning Commission was if the applicant would be willing to give up the right to build an additional building on Lot 24. The Staff recommended approval if the applicant would give up building on Lot 24. Mr. Post advised if they are required to give up building on Lot 24 it would be economically unfeasible. Lot 24 has a Deed of Trust that requires it retain a building site until the purchase price has been paid. Commissioner Troxel asked what would happen if the project is completed and the owner of Lot 24 cannot put in a unit due to the steepness of the slope. Mr. Post advised he is the owner of Lot 24 and it is the previous owner who has the Deed of Trust that requires an extra unit on the lot. If the applicant cannot show that another unit can be put on with adequate access and parking, pursuant to County Regulations, then additional units will be eliminated. Tom Boni discussed the engineering. He advised there would be two applications before the County on this project. 1. Subdivision 2. Grading Permit Mel Atwell, County Engineer, stated he had contacted the soils engineer who wrote the soils report and and informed him he was not happy with the report. He asked the soils engineer if he had reviewed the drawings sibmitted to the County concerning the engineering done on the lot in question. He had not. Mr. Atwell advised before the County Engineering Department will issue a grading permit a more detailed study on the retaining wall will have to be submitted. Mr. Post responded that his request would still be they be granted the condominization with a plat restriction that no lots be sold until the improvements are done. Mr. Boni advised the Staff recommended denial on this application because the applicant is in the possession of a four-plex in a lot that was designated as a three-plex when built. There is a trade-off here in regards to parking. Commissioner Williams stated the obvious thing that is being overlooked is that the applicant is looking for a trade-off to get cars off the street but the cars should not be parkded on the street anyway. Mr. Post stated the basis he sees for the Commissioner's action is to end up with the best results for the citizens. In this particular case, with parking on an additional lot, he cannot see how anyone is damaged as it is not increasing the density, Commissioner Troaxel asked if the retaining wall is on the County right-of-way. Ken Long advised it is. Where the existing slope from Lot 23 down to the road is. Commissioner Williams stated this does improve the situation but it is a situation that never should have occured. Chairman Grnat stated if the retaining wall in the right-of-way does not decrease the shoulders he sees no problems with it. Commissioner Williams questioned how many units could be built above this project. Terrill Knight, Planning Director, advised the tow lots would only allow a single or duplex unit. Mr. Post stated the density will stay the same one way or the other. It would be better to have adequate parking and snow storage for all parties concerned. Mel Atwell, County Engineer, stated this project cna be done but it will need considerable more work than has been presented. Commissioner Troxel moved Sm -176-80 be approved conditional upon the County Engineer evaluating the soils and engineering reports. No permits will be issued until he satisfied it is safe and adequate. Mr. Post advised they have submitted a Subdivision Improvements Agreement which states a plat restric- tion will be placed on this until all improvements are done. Beth Riggert, County Attorney, advised she has looked over the Subdivision Improvements Agreement which includes excavation, construction, installation of retaining wall, and revegitaiton disturbed by said imrpovements on or before November 1, 1980. The agreement also states if this is not done the County or any purchaser of any unit subject to the condominium map restriction shall have the authority to bring action in any District Court to compel enforcement. Su -111-80-F Tract B Condo Sm -176-80 Sierra Condos Sm -178-80 Trela/Dingwell t. Sm -180-80 Christopher Robin Sm -139-80-S Arrowhead Sketch Plan Proceedings of the Board of County Commissioners 28th day May term 193Q_ 19 0 11 Commissioner Troxel stated he does not like to go against the Staff's recommendation on denial but he thinks this will make the area better. He cannot fault the applicant for the four-plex as they did not build it. Commissioner Williams questioned if by virtue of approving this conditionally does the applicant have the right to get the grading permit to complete the improvements and when they get it accepted can they sell the units. If this fails he does not want the Board to give up the right to enforce off -.street parking. Mr. Atwell advised on the Subdivision Improvements Agreement there is $25,000.00 included. He advised when the County gets together with the soils engineer there may be changes which will cost more. The Chairman declared the vote unanimous. Terrill Knight advised plats are only good for two years if the restrictions are not lifted. Request: To subdivide a duplex Location: Lot 11, Block 4 Eagle -Vail #2 Tom Boni, Assistant Planning Director, stated the next item on the agenda is the Trela/Dingwell Minor Subdivision. The Planning Commission and Staff recommend approval of this Minor Subdivision. Commissioner Williams moved Sm -178-80 be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: To subdivide a fourplex Location: Lot 8, Block 4, Eagle -Vail #2 Tom Boni, Assistant Planning Director, stated the next item is the Christopher Robin Minor Subdivision. The Planning Commission and Staff recommended this be approved. Commissioner Williams moved Sm -180-80 be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Sketch Plan review of a revised plan for the Arrowhead PUD - The new.plan anticipates 155,000 sq, ft commercial, 200 lodge units, 1250 condo units, 180 major/minor units and 175 employee housing units Location: Arrowhead PD - Section 10 and 11, 14 and 15 of T5S, R82W Toni Boni, Assistant Planning Director advised the next item on the agenda is a revision of the PD sketch plan for Arrowhead. He pointed out the location of Arrowhead PD which incorporates Phase I. Approval of Phase I involved a number of years but did not include part of the preliminary plan that was associated with the Bachelor Gulch area. The neva owners of this property have a new and different concept from the original concept. Fred Green informed the Board who the.Arrowhead partnership consists of: 1. Fred Green 2. Jim Wright 3. Andy Norris 4. Jim Vealy 5. Bill Duddy 6. Fitzhugh Scott 7. Pepi Gramshammer 8. Fred Otto Mr. Green then introduced the consultant team for the project. Mr. Green stated the partnership acquired the property one year ago. The last year has been spent drafting the sketch plan. At the time the property was acquired, it was in planning format and being handled in two phases: 1. Valley floor - which had proceeded to final plat and was zoned for a total of 2704 units. 2. Core area The applicants are requesting to reduce the 2704 units to approximately 1805 units, which reduces the density to .76 dwelling units per acre as opposed to the original plan of Phase I which was 1.23 units per acre. The issue boils down to whether development should occur in Bachelor Gulch. The Planning Commission split their vote 2-2 if development should occur in Bachelor Gulch. The applicants are requesting the Board to make this determination. Gage Davis and Chris Kearse presented at slide show giving comparisons of the previously approved plan of 1973. Fred Green feels one of the highlights and qualities of this plan is the degree of preservation of the meadows in Arrowhead as they now exist. Mr. Green advised they have reduced the dwelling units per acre from 15.36.overall. to 5.8 as they have in corporated Bachelor Gulch in the plan. The market evaluation on each lot in Bachelor Culch is $20,000.00, which is a market value of $30,000,000.00. To realize this, assuming a value per unit of $25,000.00, there would have to be 1,200 units put on the valley floor. Mr. Green believes this is a demonstrative economic justification for development in Bachelor Gulch. Mr. Green discussed the access and wildlife. He advised the Division of Wildlife is opposed to development in Bachelor Gulch. Ernie Nunn, Forest Service, told the applicants the elk herd count in that vicinity was down 41 head this year. Arrowhead does not feel this development threatens the elk herd any more than skiing in other parts of the development. Andy Norris discussed the access and the emergency egress from the area. He stated they are willing to commit to a fire substation and a satisfactory emergency back-up road in Bachelor Gulch. Dick Sparlan, principal of Centennial Engineering, spoke of the engineering aspects of the roads and access. He recommends a 40' top width for this road and the design not to exceed 30 miles per hour. Alan Gershenberger discussed their parking proposal opposed to County parking requirements. He read the recommendation included in the report he had don. Mr. Green advised their emphasis is not to alleviate the cost of building the parking area. They are willing to do what is agreed upon but do not want to build more parking than is needed. Tom Boni, Assistant Planning Director, advised on May 21, 1930 the Planning Commission recommended approval of this item subject to the following changes being incorporated into the preliminary plan. 1. Elimimation of the commercial land use North of Hwy. 6. All commercial uses should be located to the core area. 2. The proposed development of Bachelor Gulch received.a mixed reaction. Two of the commissioners felt opposed to the development of this area without two standard points of access. The other two commissioners felt that if an emergency exit were provided development in this area would be -appropriate. 3. The employee housing situation must be addressed more fully. The proposed 175 units is a substantial reduction from the 400 originally proposed. 4. A more detailed recreational plan should be developed addressing both guests and employees. (soccer, baseball, etc.) 5. A clarification of densities based on net developable acres is needed. 6. More detail is required.on the phasing schedule (Table 6), i.e. ski capacity timing, construction vs. lot sale. 7. Suitability for development at the McCoy Creek area should be addressed. 8. The feasibility of the ski area should be addressed. 9. A metropolitan district leads to a proliferation of special districts. This should be re-evaluated. 10. The wildlife issues should be pursued in greater depth at preliminary plan. Ica Proceedings of the Board of County Commissioners -2' —" day_ May _term 19 80 19___ Mr. Boni advised the County has received a number of letters from review agencies. 1. Division of Wildlife - opposed 2. State Geologists - concerned about geological hazards 1. Slope instability risk as shown in the 1973 Woodward -Clevenger report is based upon the present, undisturbed, situation and the reference to 3' cuts is meant to indicate that any cuts greater than 3' represent a significant departure from the present condition with subsequent increases in risk. 2. Based upon the above understanding, detailed engineering geologic investigations will be conducted in all areas identified as medium and high risk to determine the acceptability of the proposed development in these areas. In the Bachelor Gulch area this will entail the identification of suitable building sites prior to platting and the establishment of lot lines on the basis of the building site locations.. 3. The access road to Bachelor Gulch will be engineered on the basis of detailed investigation Possible road construction methodology will include a combination of cut, fill, retaining structures and reinforced earth techniques. 4. Individual septic systems will not be used on the estate -sized lots as is proposed in the sketch plan. 3. State Water Engineer - indicate as far as the Arrowhead water situation is concerned, additional work is required. Mr. Boni read the Staff's comments as follows: 1. Bachelor Gulch involves a most difficult and long access road across steep north facing slopes, much of which has been identified as landslide area. The Bachelor Gulch area has also been noted as critical winter range for elk. 2. Heavy cuts should be kept away from the high risk instability areas. 3. East access.to base facilities should not end in cul de sac. 4. The commercial center along Highway 6 is unacceptable. The commercial facilities associated with Arrowhead should be clustered in the base facilities at the bottom of the mountain. The stretch of Highway 6 between Edwards and Avon (approximately 3 miles) should not be impacted with additional highway -oriented commercial activity. (See Development Review Team comments). Terrill Knight, Planning Director, advised the Staff would be willing to postpone development of the total parking requirement providing the area was left aside and money was escrowed for if the facilities do not work, then additional parking could be added. The Staff believes even if the land in Bachelor Gulch is developable, if access is not available, the land is not appropriate for development. Bill Heicher, Division of Wildlife, discussed the impacts on wildlife in this area. Bachelor Gulch, if left open, will leave a viable elk habitat. He discussed dog control and suggested they follow the same regulations as Beaver Creek. The Division of Wildlife feels the analysis of the wildlife situation and the proposed mitigation is inadequate as presented. Mr. Green responded to the comments made by Mr. Heicher. He stated the applicants are willing to sign an agreement with the Division of Wildlife stating the developers will take liability for animal related accidents. Mr. Davis reiterated they do intend to have a ski area. They have agreed to time the amount of development with the skiing. Commissioner Williams asked if the ski area will always be open to day skiers. Commissioner Troxel is concerned because if the roads are private they must be posted as such and how will the developer enforce the speed limits. He asked who will control the parking and density of the development in regards to the parking. He does not mind lesser parking regulations, if the Staff concurs. There should be some research done on it. He asked if the PUD concept could change if the property was sold and a Town was formed. Commissioner Troxel stated, as one Commissioner, he would allow no variances on the roads unless the County Engineer agrees a new technique is as good or better than County regulations. Commissioner Troxel advised for the safety of the purchasers of Bachelor Gulch there must be two accesses. He feels this is an elk area but does not know if the board can preserve this area when the area to the south is also a habitat for elk. Commissioner Williams stated he abhors developers talking about high taxes. If this area gets turned into a Metropolitan District they will charge double the mill levy the County does. It will be very expensive to provide the services the people will demand. He feels there will come a time when residents will use up the ski area capacity and he is not sure this is fair to the public as they are giving up something too. Commissioner Williams stated he is opposed to any commercial activity on the north side of the Highway. Serious consideration should be given to the impact on Highway 6 between Edwards and Avon. Terrill Knight advised on a sketch plan for a PUD formal action by the Board is required The Board has the option of: 1. Approval as submitted with conditions as stated, if any. 2. Deny as submitted or certain portions thereof with all reasons clearly stated. 3. Table for not more than 95 days. 4. Refer sketch plan back of Planning Commission for not more than 65 days. Mr. Green advised the developers had initially directed Fred Otto and Beth Riggert, County Attorney, to draft a Resolution the County would adopt at sketch plan stage. The developers are willing to commit not to proceed with hearings until a Resolution is adopted to solve the problem of adopting a new PUD over an old final plat. Chairman Grant stated his concerns concur with Commissioner Williams and Commissioner Troxel's. Terrill Knight advised the Staff is recommending to deny a portion of the sketch plan which is the Bachelor Gulch plan and the commercial area along Highway 6. Given these deletions,it is appropriate to proceed to preliminary plan. Mr. Green advised they are willing to delete the commercial area but not Bachelor Gulch. He feels they have demonstrated they can do a good job developing Bachelor Gulch with no detrimental results. Commissioner Troxel moved Su -139-80-S be approved to proceed to preliminary plan stage with the exception of the Commercial application on the PUD on the north portion of Highway 6. Before asking for a second, he stated if the access and geological problems are not solved at preliminary plan stage, with concurrance of the Staff, he will deny it at preliminary plan stage. Commissioner Williams seconded the motion. Commissioner Williams requested the Staff to write up the findings on this meeting and have the Board review them before they are sent out The Chairman declared the vote unanimous. Request: Sketch Plan review of 250 unit project Location: Tract G, J and K (26 acres) Eagle -Vail #1 Tom Boni, Assistant Planning Director, advised Creek Meadows. The Staff has approved at revision Dick Bailey, representing Stone Creek Meadows, Ken Wentworth, architect of the project, discu Chairman Grant questioned if there is any room the next item on the agenda is a sketch plan for Stone to the PD plan for this property. discussed their proposal of 250 units on 26 acres. ;sed the statistics, the design, and the emenities. available for de -acceleration and acceleration lanes. Su -140-80-S Stone Creek Meadows Proceedings of the Board of County .Commissioners 28th . day May. term 191L Commissioner Troxel stated he is concerned about the density. The road is marginal for existing traffic and this project will congest Eagle -Vail access to a further extent. Commissioner Williams pointed out the area that was recently approved and he feels the Board has to be fair to everyone. He feel% the plan has merit but there is a conflict of too many people on roads not built adequately for it. Tom Boni advised the Planning Commission split their vote of approval 2-2 with the condition the emenity package be upgraded. Commissioner Troxel advised he will continue to agree to only 238 units, although the applicant is allowed 438 units. Commissioner Williams questioned if the Board can deny development because of density after it is zoned. Beth Riggert, County Attorney, advised the Board does not have the authority of deny it after it is zoned. Nat Harris, resident of Cornerstone, expressed some of the problems he has with this Project: 1. Extremely narrow street 2. Entrance at Eagle Drive will cause more traffic on this road 3. Proposal from January 7 meeting regarding using a portion of the property for a church. So as not to have any buildings across the street, he recommends Tract J be investigated for the Church site. Tom Boni advised the problem is this is a parcel plan which cannot be alleviated without variances. The Staff recommends the plan he reworked to show access through Cornerstone Drive. Commissioner Troxel asked what is proposed for the south-east parcel Mr. Wentworth advised that area would be left undeveloped. Commissioner Williams mentioned the curve on the road is very bad and would probably have to be improved. He questioned if the alternatives for the church site have been eliminated. Mr. Harris responded there will be a church but the negotiations for it have been delayed. Su -119-79-P Request: Preliminary Plan review of 24 units Fairwaye Location: Farmhouse Exception (Eagle -Vail Central) Greene Tom Boni advised the next item is a request for preliminary plan approval for Fairwaye Greene. It was zoned PD but was an exemption in terms of the PD plan that Grouse Mountain had submitted to the County. On April 30, 1980 the Board tabled this plan so the applicant could: 1. Clarify ownership and contention with the Eagle -Vail course. 2. Submit to County Attorney a transcript of the court proceedings in regards to the legal status of the parcel in question. Stuart Brown, representing the applicant, stated they are proposing to amend the plat to exclude the land retained by the Eagle -Vail golf course. Beth Riggert, County Attorney, read the court transcript on this project. Commissioner Troxel questioned if the Board can act on a preliminary plan that has not yet been amended. Tom Boni advised the Board cannot make a motion as part of this land will not be included in the plan. The applicant would not have to go back to sketch plan. They would only have to submit a correct preliminary plan. Commissioner Troxel moved Su -119-79-P be tabled until June 9, 1980 at which time the Board will receive a formal presentation of the accurate portrayal of this application. Commissioner Williams seconded the motion. Mr. Brown requested the Board give additional guidance as to density that may materialize out of the Judge's decision. Beth Riggert, County Attorney, advised this is not the appropriate time to discuss density before the Board sees the revised application. Commissioner Troxel amended his motion to set the hearing for June 25, 1980. Commissioner Williams seconded the motion. Chairman Grant declared the vote unanimous. Su -122-80-P Request: Preliminary Plan review of 17 single family homesites Selby Location: Lot 20 and 21, Section 1, T5S., R81W and part of Lion's Ridge Subdivision ii2, adjacent to Preliminary The Valley. Plan Tom Boni, Assistant Planning Director, advised the item is a priliminary plan review of 17 single • family home sites. The applicants intended to bring the standard road to the cul-de-sac giving access to Lot 8 and 9. Ron Todd, architect for the project, advised they have addressed concerns of sketch plan stage. The steepness was removed to satisfy current regulations. The Planning Commission had requested a rock fall study. This was done and mitigations on these areas have begun. Tom Boni advised the Planning Commission reviewed this item on May 7 and recommended approval with the condition of: 1. 30' curb radius at intersection 2. Details on drainage culvert interface with existing culvert under lions Ridge Loop Rd. The Staff is in basic agreement with the plan as shown. One point of note is the driveway to give access to Lot 8. Having reduced the lots reduces the problem of access. Mr. Boni suggested, (since this is such a visual area and will be an extensive cost, it should be done by the developer when he puts in the roadway. The second point of concern is the roadway on Buffer Creek Road should be upgraded. Jim Reuben, Vail Planning Staff, advised the Town Staff, Planning Commission, and Council have reviewed the plans and have a problem with Lot S. This is a very steep and thickly forested site. In terms of good planning, it is too far a distance to scar the hillside for just one lot. Another concern is the County requiring the applicant to have a 50' right-of-way and a cul-de-sac with 90' of pavement for a road servicing 11 lots. This is inappropriate and contrary to the County Master Plan. Mr. Reuben stated he would like to see the size of the access driveway on Lot 8 reduced to one lane. Commissioner Troxel advised he had walked the site and he concurs with Town's view of the road with the exception that if the County maintains the road, there would be no room for snow removal. Mr. Reuben discussed the differences between County and Town regulations. Commissioner Troxel asked if the applicant would be willing to make the road private. • Commissioner Williams asked if there are any County standards for private roads. He discussed snow trucks not being able to manuever on narrow roads. Mr. Selby, applicant, requested approval to locate some of the utilities under the roadway. The Board concurred this would be acceptable. Commissioner Troxel asked about putting a building envelope on Lot 8. Mr. Selby stated there is only one place appropriate for the house and he would have no problem with having a building envelope. He stated he would rather not build the driveway in advance of construction of the homesite. Commissioner Williams questioned if the County forced the developer to build the private driveway, can the County extend the subdivision and include that in the Subdivision Improvement Agreement. 534 Proceedings of the Board of County Commissioners— 28th day May _term A80 Beth Riggert, County Attorney, stated if it is in the Subdivision Improvements Agreement, she would strongly recommend there be collateral on it. Commissioner Williams stated if the road is left as a private road the County will reserve the right to accept it for maintenance. He asked about the applicants plans for contributing to off-site impacts. Mr. Todd suggested if there is a major concern about road improvements, it should be done with a Road Improvements District where everyone shares equally. Mel Atwell, County Engineer, discussed the off-site impacts of the Selby zone change as it relates to Highway 6. He read the recommendations he had made on the Upper Buffer Creek Road. Mr. Todd discussed the costs of these improvements recommended by Mr. Atwell. Mr. Selby does not feel eleven lots should have to contribute the total amount. Jay Peterson, attorney representing Mr. Selby, feels the people who were there previously should also contribute to the road. Commissioner Williams suggested the applicant and the Staff could have a workshop to determine the applicants proportional share of the impacts. Commissioner Troxel moved Su -122-80-P be approved to be forwarded on to final plat stage with the condition the applicant meet with the Staff to determine the percentage to be contributed for the off-site impacts from their proposed subdivision on the edge of the valley to the frontage road on Highway 6. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. The Board concurred the prorata share would be on a total build out on Lion's Ridge Loop. Terrill Knight, Planning Director, stated the next item is a public hearing on the amendments for the County Regulations which was continued from the May 12, 1980 hearing. The first portion of this hearing concerns the Building Resolution. Mr. Knight discussed the areas the Staff needed further clarification on. Beth Riggert, County Attorney, advised that on the new draft a section of validity was left out and needs to be included. Mr. Knight advised there was an item describing portions of buildings to be done before the issuance of a certificate of occupancy which should be included in the Resolution. He suggested if everything else is satisfactory the Board adopt this Resolution today with changes of wording to be made at a later date. Commissioner Troxel moved to accept the amendments to the Eagle County Building Resolution dated May 28, 1980 also to include in them under section 8 item 7 the definition of a temporary certificate of occupancy. The validity clause, which was ommited, should be inserted between section 16 & 17. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Fred Green questioned if there is enough definition relating to building a structure used solely as an agricultural building which needs no permit. Mr. Knight advised the building official would have to make the determination. Commissioner Troxel suggested it be inserted that the building not be used for commercial use but only for agricultural related materials re: animals, machinery, equipment. Commissioner Williams suggested it be left as it is and if there are any descrepancies the applicant may come before the Board of Appeals. Ms. Riggert advised the effective date section had not been completed. Commissioner Troxel amended his motion to state_ the Resolution will be in effect on July 1, 1980. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Terrill Knight advised the next item is also continued from the May 12, 1980 hearing concerning Sub- division Regulations. Mr. Knight stated the definition of stream or.creek and how to determine set backs was not completed previously. Eric Edeen, Health Officer, read a letter from the Council of Governments listing their concerns. Their first concern is under section 4.02.06 Impervious Cover. There is already an (a) & (b), they suggest an item (c) be added to stater " The subdivider of an area greater than five acres may present a storm -water discharge plan which provides for no increase in runoff over natural conditions. This may include such structural measures as sediment basins, grassed waterways, and infiltration galleries. Such measures shall be "public improvements" as defined at Section 1.22 hereof." The second concern is a follow up on the first one. To amend 4.03.01 Final Plat Requirements. They suggested an (i) be added to state evidence of approval by the Planning Department of a plan to maintain natural stormwater runoff conditions as required by Section 4.02.06(c) of these regulations. The third suggestion is to amend section 4.02.01 to make developers aware of section 404 dredge and fill permit requirements of the U.S. Corp of Engineers. Their last suggested change was on the Final Plat requirements section 4.03.01. The Board concurred developers will be made aware of the 404 dredge and fill permit; it will not be a County requirement. Ms. Riggert suggested it should be amended to state the Board will make all final approvals. Commissioner Williams moved the amendments to the Eagle County subdivision Resolution of May 25, 1979 be approved with specific changes, as identified on the record, be made in the final order. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Tom Boni, Assistant Planning Director, stated there are some minor modifications needed on the minor subdivision procedures. Mr. Boni advised the Planning Commission did not approve of the first draft. They felt minor subdivi- sions should not be restricted any further. Other statements should be added that might weed out the complex minor subdivisions that are inappropriatly handled in this process. Mr. Boni advised the Staff had included the wording that proposed subdivisions do not require the construction or alteration of public improvements involving a Subdivision Improvements Agreement. The stipulation was also included that all lots created by a minor subdivision must abutt a road accepted for maintenance by the County. Mr. Boni read the Staffs suggested changes, 1. Under item (c) asentence be added stating the County shall discourage creation of lots having access onto collective or arterial streets. 2. Delete the clause that states "involving one hearing before the Planning Commission and Board of County Commissioners". Any additional changes basically involve the application form itself. Commissioner Troxel moved to approve the amended minor subdivision regulations with the two above described changes. Commissioner Williams seconded the motion and the vote was declared unanimous by the Chairman. Tom Boni, Assistant Planning Director, stated the next item is a request for a temporary housing permit for the fairgrounds. Jack D'Orio, County Agent, stated there will be 150 men from the Corp of Engineers in Eagle County in two weeks. One hundred of them will stay at the fairgrounds and 50 will stay in Dotsero. Mr. D'Orio requested the Board approve a temporary housing permit for two weeks. Commissioner Williams moved the Fiarground Temporary Housing Permit be granted as long as they meet the sanitation standards as identified by Eric Edeen. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Amendments to Building Resolution Subdivision Regulations Minor Subdivision Fairground Teporary Housing Permit Proceedings of the Board of County Commissioners 28th day May term. 19 80 Squaw Creek Fred Green appeared to discuss the construction of a bridge over the Eagle River to build the Plant Bridge plant at Squaw Creek. Mr. Green suggested construction a one lane bridge designed to be expanded at a later date. Mel Atwell, County Engineer, stated from the County's point of view if new development occurs not want, to see construction of a new type being scabbed to the existing structure. Sun River Special Permit Schmidt Zs -48-78 Use Beaver Creek i r' 535 19 sewer he does Commissioner Troxwl stated he has no problems with a one lane bridge as long as it is adaptable to become a two lane bridge at a later date, Mr. Green questioned if it is appropriate for it to be put in the record whoever wants to build a two lane bridge at a later date has to pick up the expense incurred now. Chairman Grant advised this could not be done legally. Mr. Green stated he will design and build anything that needs be to make the bridge into a two lane bridge at a later date. Mr. Green advised the Board they will be reviewing the S.U.P. of this project in approximatly,one week and requested the plan for the bridge be incoporated into the matter. The Board thanked Mr. Green for appearing. Paul Eklund, representing Sun River Condos, advised the Board there are sixty-two units within their subdivision in an approved condominium duplex in Eagle -Vail. Above these units there is a managers unit and a recreation unit. He advised he is before the Board to request to combine the recreation and Manager's unit. Mr. Eklund stated that in doing this it creates the need for 22 additional parking spaces which are accounted for. Mr. Boni advised that by combining the two units it provides enough space within the structure, originally proposed, for an additional unit. Actually the request is a change from the original proposal. Tom Boni recommended staying with the originaly approved situation. Commissioner Troxel moved the Sun River Condos appeal be denied. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Terrill Knight, Planning Director, stated the next item is primarily an informational item and is to make sure the record is clear orr the Schmidt Gravel Operation which was approved in 1978. At that time, the application was submitted stating "gravel extraction operation" and the maps show an asphalt plant which was not put in at the time but was in the application. Mr. Knight advised the owners of the pit now wish to bring the asphalt plant in. It is the Staff's opinion that an asphalt plant is permissable on that site. A representative of Diamond -J Construction discussed the proposal of bringing in an asphalt plant to serve the surrounding areas. The Board concurred as long as the asphalt pfant:�i-s-,,the plans they have no problems, with it. Terrill Knight, Planning Director, advised the next item is in regards to the Beaver Creek S. U. P. Mr. Knight advised that at the Planning meeting approximately two weeks prior,the Board and representatives from Beaver Creek discussed the S. U. P. and the preview season concept. Mr. Knight reminded -the Board the motion was- one which basically stated the previous discussion would be included in their recommendation. Mr. Knight stated that as a result of that;. meeting he formulated a letter to Beaver Creek which he felt reflected the Board's concerns. He presented the letter to the Board to insure his understanding of the motion was the same as the Board's understanding. The representatives of Beaver Creek did not agree. Mr. Knight advised this meeting is for clarification of the intentions of the Board. Mr. Knight stated the concerns which were listed by the Board at the previous meeting. Mr. Knight advised the Staff has received a letter from the Town of Avon concerning employee housing. Chairman Grant questioned if the off-site employee housing emenities are finaNcially in line with employee housing. Commissioner Troxel stated there.are two items in the Beaver Creek's presentation which bothered him. He felt Beaver Creek implied the skier numbers could be exceeded in the future. Roger Lessman, Beaver Creek, stated they are willing to assess the skiers on a real-time basis and if there are impacts being generated they will cut the ticket sales off regardless of how many tickets are sold. Chairman Grant stated his problen is certain weather conditions can.cause the -people to be stranded in that area. Commissioner Williams stated he had seen the letter written by Mr. Knight and he feels it did not it adequately addressed the discussion which had transpired. One problem was the employee housing. Beaver creek stated, over the summer, they would develope criteria by which the Board could determine how much employee housing was available. He does not feel the Board has any objections to this but the letter does not specifically say this. Mr. Lessman advised thani in going through the process in the last few months, Beaver Creek determined there was an adequate amount of employee housing available this past year. They feel this will continue for the following year only. They are requesting to delay building employee housing at Beaver Creek for this year. Terrill Knight stated it is the Staff's opinion that with the development plan, it was shown there would be 108 units and stated there may be adjustments required. The Staff will expect 108 units the following year unless there is an adjustment agreed upon by all parties involved, Mr. Lessman suggested the County word their letter to Beaver Creek in such a manner the SUP will be approved contingent upon an agreement being reached on the employee housing. Commissioner Troxel stated his concern is that the Board was presented with certain figures and they made their motion of approval based on these particular figures. Discussion followed on developing criteria for employee housing. Jim Patton, Holy Cross Forest Service District, advised the recommendation they would like from the Board is on the review of the adequacy. They would also like the Board's recommendations on the phasing. Chairman Grant stated his concern is the decision was made too quickly. The Board was not supplied with enough information. Commissioner Williams stated he is concerned because it takes a considerable amount of lead-time to give notice before construction. If it takes a few months to reach a conclusion and too mcuh time passes they automatically get tacit approval, by virtue of disagreeing, for the proceeding year. If there is no agree ment by deadline, which would preclude building in the next season, Commissioner Williams wants another number to fall back on. Commissioner Williams suggested that on item 3 of the letter the wording include the effected parties agree, during the summer of 1980, to identify criteria by which the Board can establish the appropriate number of on-site employee housing units for the next given year. A representative of the Forest Service stated in addition to the letter, the Forest Service would like a recommendation from the Commissioners stating their acceptance of the existing employee housing for the preview year. Chairman Grant responded that before he would make a decision on this he would like to see Beaver Creek, and the Forest Service make their recommendations. 536 Proceedings of the Board of County Commissioners 26th day---2-ay—term 19 aD 19— F0.F..NbFOtd CA.DpYpi un1 Terrill Knight stated it appears the housing situation is not as tight as it was at one time. Lacking criteria to determine otherwise the figures presented to the County have been accepted. Mr. Knight advised this is the reason for getting the letter more specific. He advised he will amend the letter to address how the determination of that criteria will be made before next year. Chairman Grant advised an item to be looked at in the study is the fact that employers must provide housing for their employees. Tom Boni, Assistant Planning Director, advised the next item is the Valley PUD which was approved with Valley PUD the conditions that snow removal along Buffer Creek Road be evaluated by the Staff. Vacation of Mr. Boni stated this has been done. The plan was found to impact snow removal almost throughout its road entire length. He advised the applicant is revising his plan only on the northerly portion. The applicant has redrawn his Resolution to change the width of the road. Mr. Boni read a letter from Mel Atwell, County Engineer, stating 60' of public right-of-way is acceptable on Lion's Ridge Loop in the area immediatly adjacent to Phase I Tract A. Bill Post discussed his proposal of the vacation. Tom Boni advised the Staff recommends approval of the vacation portion of the request. Commissioner Troxel moved the Board sign the Resolution concerning the vacation of a certain portion of the County of Eagle's roadway known as Lion's Ridge Loop located in Parcel A Lion's Ridge Subdivision, Filing #2. Commissioner Williams seconded the motion. Commissioner Troxel amended his motion to refer to Exhibit "A" of the Resolution which has the complete legal description of the property to be vacated, which is 10 feet. In the event of a descrepancy the Staff and County Attorney with Mr. Post's assistance will amend this minor correction. Commissioner Williams seconded the amended motion and the Chairman declared the vote unanimous. Request: Preliminary plan review of two blocks of the commercial core, 69 lots of Suburban Density (duplex) and 1 tract of resort services Location: Beaver Creek PD - Tracts A,F,I,J, and M Tom Boni, Assistant Planning Director, advised the next item is a preliminary plan for Beaver Creek #4. The original request was for 96 suburban lots, 36 acres of resort commercial, and 6 acres of resort services. Mr. Boni pointed out the location on the plat. The Planning Commission reviewed this item and recommended approval with the condition that the technica concerns of site distance and curve radii are resolved with the Staff and County Commissioners. Mr. Boni advised the staff has been working with the applicant and all requested material has been submitted. Mr. Boni discussed the access and the cul-de-sac. Terrill Knight, Planning Director, discussed this project as it relates to the Beaver Creek Master Plan. He does not believe the County ever agreed to a specific curve radius in any given given place, a specific lot layout, or setbacks. The approval, by the Board,to the Beaver Creek Master Plan was not a total sign off on all preliminary plan matters. Mr. Knight advised the lot layout, in this specific case, is a matter to be reviewed in preliminary plan. Phil Ordway discussed the approved variances for Vail Associates to change the wording in the regulation Mel Atwell, County Engineer, advised the reason the curve radius is being brought to the Boards' attention is because the curve in question is only designed for a speed of 10-12 m.p.h.. A representative of Beaver Creek advised that if the radius was changed from the proposed 60' to 100' it would only change the speed by 5 M.P.H. making the allowable speed 17M.P.H.. Mr. Ordway advised this item does not involve considerable amounts of traffic on this road as there are only 27 lots. Commissioner Williams advised the concerns he has is any speed limits posted will not be enforced. Mr. Ordway stated Beaver Creek Resort is beginning to have discussion with the County Sheriff about providing security. They are also working on a private security force. Commissioner Troxel asked the applicant if he thought when the County granted the variance it covered all the roads and curves. Mr. Ordway stated Beaver Creek believes the road is designed consistant with the Master Plan and acknowledge the County Engineers concerns. Commissioner Williams asked the applicant if, the Board was made aware of the 60' radius when the varianc was approved. Mr. Ordway requested to proceed with the other two curves shown on the plat. Commissioner Williams questioned if there are any accesses near the curve that will compound the impact. Mr. Ordway responded there is one access near the curve which serves three lots. Commissioner Williams questioned if, the Board can force a variance to be denied due to the health, safety, and welfare of the County. Beth Riggert, County Attorney, advised the only way a variance can be denied is if there has been a change in circumstances since the granting of the variance. Mr. Boni stated there are other areas of the road in this project that present problems with site distance. Mr. Knight advised as this problem also deals with roads itshould be handled in the same manner as the above listed problem. The Board directed the Planning Staff to allow Beaver Creek to submit the final plat on the described time. Commissioner Troxel moved Su -100-80-P4 be tabled until June 9, 1980 giving the County Attorney time to research the 1974 records of County Commissioner proceedings to make sure the proceedings were done a legal way and the Board is bound to do the variance as granted. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Beaver Creek #4 Crest - refund Beth Riggert, County Attorney, presented a petition of refund for the Crest located in Vail. The reason for the request, the furniture was double assessed. The original value was $60.00 with a tax of $5.84. The abatement requested is $60.00 with a tax of $5.84 leaving a balance of $0.00. The County Assessor recommended the refund be allowed as the furniture was double assessed. Commissioner Troxel moved the refund be allowed. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Beth Riggert, County Attorney, advised the Board previously approved the release of collateral for the South Forty South Forty Subdivision Lot R21 & R22. Sub/ Release Commissioner Williams moved the release of the Deed of Trust be executed. Deed of Trust. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Beth Riggert, County Attorney, questioned if the Board had reviewed the supplemental Findings and I Findings & Order Order regarding the Special Use Permit submitted by Public Service Company and Colorado Ute Electric Assoc. Colo Ute/Public Commissioner Williams moved the Board sign and adopt the Findings and Order regarding the SUP File Service # Zs -109-80 submitted by Colo Ute and Public Service Company. Chairman Grant seconded the motion and declared the vote unanimous. Proceedings of the Board of County Commissioners 28th day_ May term 19--a There being no further business to come before the Board the meeting was adjourned until the next scheduled meeting of June 2, 1980. ,� 4,4 Chairman Attest: - 4r rK to the Bo 5W 19— 538 Proceedings of the Board of County Commissioners----2.n-d—day__ __-aL e_._ term 19 80 REGULAR MEETING 19— Present: Dale Grant Chairman Mick Kasher Administrative Assistant Dan Williams Commissioner Johnnette Phillips Clerk to the Board Keith Troxel Commissioner Mary Merkling C.S.R. This being the first regular meeting day of the month the following items were heard, to wit: Jo Ann Deighan, Helath Assistant, presented a letter, for the Board's consideration, that identifies Eagle County as a potential customer of the proposed waste -to -energy plant. Ms. Deighan advised the letter stated the project staff and the consultants should further evaluate the cost of installing a hot water line from the hilltop near the school to the County buildings and retrofitting the buildings to accomodate the hot water from a remote source. Commissioner Troxel moved to sign the letter, dated June 2, 1980, to further investigate the feasibility of the County as a potential customer. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Ms. Deighan advised the Board of the meeting on Resource Recovery scheduled for June 11, 1980 which will be the final presentation by the consultants. June 24, 1980 will be the public hearing for this project. Terrill Knight, Planning Director, advised the next item is the appointments of members to the Master Plan Steering Committee. Mr. Knight presented letters received by the Staff from people interested in becoming members. He presented a list, drawn up by the Staff, of names to be considered by the Board as members of the Master Plan Steering Committee. Mr. Knight suggested th number of members be kept between 25 & 40. He presented a list of Town recommendations. Commissioner Troxel moved to appoint to the Master Plan Steering Committee: Ron Todd - Vail Lowell Bair - Basalt Max Goracke - Basalt Robert B. Murray - Basalt Bob Jacobson - Basalt Kathy Heicher - Eagle Mr. Knight advised each town was requested to make only one recommendation. Commissioner Troxel withdrew his motion. Commissioner Williams moved, in regards to town recommendations to the Master Plan Steering Committee, to appoint Ron Todd, Kathy Heicher, and Dick Turgeon, thus leaving the Board in the position to make other appointments in the future as deemed necessary. Also that the following be appointed under a general. category of others: Max Goracke Robert B. Murray Bob Jacobson Dick.Morris Sam Yantzer John Eddings The others identified as Areas, Interest, and Others also be appointed with the exception of Leonard Horn and Chris Jouflas. (see exhibit) Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved, concerning the Minturn, Avon, and Redcliff area, the Staff contact the mayors respectfully and request they consider being on or delegating someone to be on the committee. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Tom Boni, Assistant Planning Director, presented, for the Board's Arrowhead concerning the hearing on their sketch plan. Mr. Boni advised the letter stated the Board approved the sketch area on the north side of Highway 6 be deleted. Mr. Boni read the concerns the Board had listed: 1. Bachelor Gulch access issue 2. Bachelor Gulch road 3. Slope stability on western end of project 4. Employee housing 5. Parks and recreation 6. Improvements to Highway 6 7. Access to private parcels on McCoy Creek 8. Parking 9. Ski capacity; public access Discussion followed on the issue of the roads and variances. The Board concurred the letter was adequate to send to Arrowhead. approval, the letter written to plan with the condition the commercial Mick Kasher, Administrative Assistant, presented letters written to Mr. Soash and Mr. Theos thanking them for their work on SB -148. Commissioner Troxel moved the Board sign the letters to Mr. Soash and Mr. Theos in regards to the passing of SB -148. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Mick Kasher, Administrative Assistant, presented a letter of application t6 Al Wright for a Special Land Use Permit for a right-of-way to the airport beacon. Commissioner Troxel moved the Chairman sign the letter regarding the Special Land Use Permit # C-4311. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Mick Kasher, Administrative Assistant, presented a re-application for the State P.I.L.T. money as there was a descrepancy in the figures between the County and the Division of Wildlife. Commissioner Troxel moved the Board sign the amended application for impact assistant grants pursuant to H.B. 1331. Commissioner Williams seconded the motion and the vote was declared unanimous by the Chairman. Resource Recovery Master Plan Steering Comm. Arrowhead Sketch Plan SB -148 Special Land Use Permit P.I.L.T. Mick Kasher, Administrative Assistant, presented the lease for the Town of Basalt Municipal.Building. Basalt Municipal Mr. Kasher advised this is a five-year lease with a monthlylpayment of $200.00. Building Commissioner Troxel moved the Chairman sign the lease arrangement with the Town of Basalt concerning their facilities. Commissioner Williams seconded the motion and the vote was declared unanimous by the Chairman. 4 EXHIBIT 4 AREAS Colorado River Murtie Stevens Alike Laroux Burt Naumann Fryingpen River Jim Copeland Missouri Heights Debbie Little E1 Jebel Rob Roy Swift Don Piper Gypsum Area Evan Mayne Corky Fitzsimmons Larry Benway Eagle Area Diana Woods Hubert Peterson Rosie Sherwood Bill Whittaker Wolcott/Edwards/Lake Creek _Ann Bourke Dave Mott Don Welch Chris Men Avon/Eagle-Vail Cheryl Dinawell Jeff Spanel West Vail Paula Nelson MSnCUrn Valley INTERESTS Ranching John Benton or,ieonordtHarn or Chris--6ouRas Real. Estate .and Development Dennis Gelvin - Steve Isom or Ken Wilson or David Fales Senior Citizens Rex Fleming School John Reimers Financial Institution Paula Nelson Business Paul Afeyer Government Jack. D'Orio Jim Rubin OTHERS Chuck Thompson Cynthia Eskwith Nancy Wood Eldora Skiles Roger Brown Chuck Albertson Pete Nolan - E • Proceedings of the Board of County Commissioners 2nd day_ June term 19_so_ 19— Right-of-way Commissioner Troxel moved to direct Mick Kasher to investigate the right-of-way situation involving to Castle the road going to the Castle Peak Tower. Peak Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Mr. Kasher questioned if the Board would be willing to pay for a right-of-way if necessary. The Baord gave Mr. Kasher directions to obtain something in writing enabling the County to legally get to the beacon when necessary. Water Fountair .in park Nurses budget Law Enforce- ment in Basalt „Minutes Eagle Cemeta Board Mobile Home Licenses R 0 El Jebel MHP Lone Pine MHP Green MHP Seago MHP Mick Kasher, Administrative Assistant, presented a $10 donation from Gene Lorig for repairs on the water fountain in the park. The Board directed Mr. Kasher to look into fixing the fountain. They directed him to return Mr. Lorig's donation and inform him there is enough money in the public funds to repair the fountain. Mick Kasher discussed the changes and deletions made in the nurses budget due to the School District discontinuing the nursing service contract. Chairman Grant stated the Basalt Twon Council had contacted him about the lack of County law enforcement in that area. Right now the Basalt Town Police are having to answer the calls for the County. Commissioner Williams moved the Bard respond with a letter to the Town of Basalt in regards to the adequacy of the funding that was in the'1980 budget for the Sheriff's Department and make reference to those items that are identified.specifically for the Basalt area. The letter will also state if they can form a meeting with the Sheriff and the Basdl.t Town Council the Board of County Commissioners would be willing to attend and give input regarding the budget. Commissioner Troxel seconded the motion and the Chariman declared the vote unanimous. Commissioner Troxel moved to approve the minutes of April 14, 22, 30 May 5, 7, 12. Commissioner Williams seconded the motion and the Chairman declared the vote unaimoos. Commissioner Williams moved the Board finalize the appointments to Anna Marie Colby and Glen Miller to the Eagle Cemetary Board. Anna Marie Colby had indicated she would like to have the shorter term. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Susan Vaughn, Planner stated the next item is Mobile Home Park licenses. She advised all mobile home park -licenses in the County expire on April 30. It is the practice of the County to inspect the County mobile home parks and make recommendsations as to what items are not in compliance with Eagle County Regulati After April 30 mobile home park owners have 90 days to be licenses. After this time anyone who is not licensed may be fined. The following parks are in compliance with the County Regulations and the STaff feels they can;1be approved: 1. Seven Castles MHP 2. New Jersey Zinc MHP 3. Jadwin MHP 4. Meyers MHP 5. Shook's MHP 6. Hooks Bridge MHP 7. Williams MHP 8. Stott's MHP 9. Logan's MHP 10. Thompson MHP 11. Snyder MHP 12. Aspen -Basalt Campground 13. Edwards MHP 14. Dept. of Highways - Wolcott 15. Dept. of Highways - Dowd Junction 16. Green Acres Commissioner Troxel moved the Board approve the 16 above listed mobile home parks. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel amended his motion to state a $9.00 refund be issued to the Seven Castles MHP. Ms Vaughn stated the next item is a license for the E1 Jebel MHP. This park was inspected April 11, 1980 and found to be in generally good condition wiht the exception of some roads needing to be repaired and some missing numbers. Commissioner Troxel moved the El Jebel MHP be approved conditional upon the above listed problems being corrected by July 1, 1980. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Ms. Vaughn advised the next appliction is for Lone Pine MHP. The Staff recommends approval of this application conditional upon the following items being addressed: a) Roads b) Steps needing repair c) Space 25 - clean up d) Dog loose Commissioner Williams moved the Lone Pine MHP be approved contingent upon items a -d being taken care of by July 1, 1980 and the County refund $3.00 to the applicant. Commissioner Troxel seconded the motion and the Chairman declared the vote uanimous. The next application is for the Green MHP. This park was not previously licensed as they had only 1 or 2 spaces. The following items need to be addressed: a) Electric box not within code b) Stairway needs repair Commissioner Williams moved the Green MHP, with 3 spaces, be approved with the condition the electrical box be inspected by July 1, 1980. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Ms Vaughn advised the next item is the Seago MHP. Mr. Seago, present, stated he was not previously licenses so he is not aware of what is required. Ms. Vaughn explained the process of applying for an application. Discussion followed on problems with the roads. Bob Havener questioned why two spaces do not have to be licensed if they are considered a MHP. Ms. Vaughn explained why two space mobile home parks that are in existance have not had to be licensed. Commissioner Troxel moved totablethis item until June 25, 1980 at which time the applicant can show he is in compliance with th6 County regulations. Commissioner Williams seconded the motion and the Chariman declared the vote unanimous. i 540 Proceedings of the Board of County Commissioners 2nd day June __term 19 8D 19__ Ms Vaughn advised the next application is for the School District at Maloit Park. The only problem with thie park are missing numbers and the roads. Commissioner Williams discussed the roads to Maloit park and who is responsible for the them; County or School District. Commissioner Williams stated he would prefer tabling this item until a representative from the School District is present. Commissioner Troxel stated he would prefer approving the application if the interior roads are taken care of. Chairman Grant suggested addressing the roads in the park and considering the access roads at a later date. Commissioner Troxel moved to approve the School District MHP conditional upon the applicant complying with the numbers that are missing and the roads within the park being brought up to standards by July 1, 1980 There shall be evidence shown that all occupants of the park are School District employees. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. The next application is for Aspen -Basalt MHP. The following items need to be addressed: a) Lanscaping b) Clean up c) Stairway railing d) Parking areas need gravel e) Numbers. Ms. Vaughn advised the Staff recommended this item not be approved because of substantial problems. Commissioner Troxel moved the Aspen -Basalt MHP license be denied. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Ms Vaughn advised the next application is for the Big Dot MHP. The following items need to be addressed: a) Roads b) Illegal access c) Clean up d) Drainage e) Hazardous materials improperly stored f) Exposed gas/water lines g) Construction without building permit h) Unit without water and sanitation i) Correction notice Ms. Vaughn advised Dick Jennings, owner, has worked hard to correct some of the problems. He is in the process of requesting an expansion of the park and will be heard by the Board next month. Dick Jennings, present, stated he agreed at the time of the inspection that there were problems. The highway construction in that area has caused provlems, however, the road will be finished in the coming months. Erik Edeen, Health Officer, stated he contacted the Highway Department and they assured him they would have a clean up after the final construction. Commissioner Troxel moved to approve the Big Dot MHP conditional upon the above listed items being completed and inspected by July 1, 1980. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Ms Vaughn advised the next application for license is for Hoagland MHP. When inspected on March 24, 198( there was a dead dog ant the entrance and there were some concerns of pot holes at the entrance. These matters have been taken care of. Commissioner Williams moved Hoagland MHP be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. The next application is for Cross Creek MHP. The only problems with this park are missing numbers and the roads. 1 Commissioner Williams moved Cross Creek MHP be approved contingent upon the roads and numbers being taken care of by July 1, 1980. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Ms. Vaughn adv$sed the next application for a license is for the Eagle River MHP. The following are concerns the Staff has with this application: a) Landscaping has not been completed b) Drainage system as proposed has not worked very well c) Settlement basin has not been completed d) Roads in new section were pabed but have areas that were not completed e) Potholes need to be repaved f) Illegal access onto Highway 6 & 24 g) Revegitation of cuts on hillside h) Sanitation system i) Number missing j) Reports of dogs running loose k) Screening of trees or fence non -existing The Staff recommends denial of this application until all concerns are addressed. Dick Brown, representing Eagle River MHP, stated they are aware of the problems. With better weather these problems are being addressed. Mr. Brown requested using Russian Olive hedge for the screeing. He advised they have filled the washes to prevent further washing and will be paving in two weeks. Mr. Brown advised they would like to get into the Upper Eagle Valley Sanitation District. They will go into it as soon as the agreement is finalized. Ms. Vaughn stated the only other major concern is drainage. The Staff would like to have a study to make sure the drainage system works or have a new drainage system. Mr. Brown stated they are aware of the problem and feel when the landscaping is complete the system should work. Mr. Brown advised they had started on a settlement basin but were stopped by the Highway Department as it was on the Highway Department's right-of-way. Commissioner Williams discussed the poor condition of the road and potions that had sunken down. Commissioner Troxel moved to deny the approval of the licanse until July 30, 1980 to give the applicant time to correct the conditions listed. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Ms. Vaughn stated the next item is Homestead MHP. The Staff has received no application for this park. Commissioner Troxel moved to table this item until July 1, 1980. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. School District Maloit Park Aspen -Basalt Big Dot MHP Hoagland MHP Cross Creek Eagle River Homestead MHP Proceedings of the Board of County Commissioners ind day .rune term 19 -80- Avon Station Vail KOA Kampground Dept of High- ways -Basalt Daley Green Acres Dept. of High - Ways Budget Transfer Highway User Tax 541 19 -- Ms. Vaughn stated the next itme is the Avon Station fka Roybal MHP. The following are concerns the Staff has with the application: a) No application b) Numbers c) #16 too close to propone tank d) gravel parking spaces e) fence repair Steve Erickson, operator of Avon Station, appeared to explain the problems and submit his application. Commissioner Troxel moved to approve the MHP contingent upon a reinspection of the points made by the Planning Department. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. The next item is the Vail KOA Kampground, The following are items that need to be addressed: a) no application b) road c) repaie women's shower d) permanant units e) cave-in pipes f) hazardous materials g) second building must be constructed John Duke, representing KOA Kampgrounds, discussed the permanant units as being for KOA employees. He requested the construction of a second service building be delayed until fall to determine if it is needed as business has dropped off. Mr. Duke advised there will be electrical and water hook-ups to all of the units so they will not need a service building. Erik Edeen, Health Officer, presented the concerns he had. Ms. Vaughn advised the Staff recommended this item be conditionally approved. The Staff has no problem deferring construction of the service building for another year. Commissioner Troxel moved the Vail KOA Kampground dba Cliffside Mobile Home Park be approved conditional upon the roads being brought up to standards according to what the Staff feels is compliance. No more that 75 units may be occupied until construction of the second service building. The tent area will be defined within 300 feet of the service area. The Board will allow two permanent units providing they are employee housing and if the situation changes the trailers will be removed. Ms. Vaughn advised the next application is for the Department of Highways Park at Basalt. The Staff recommends the license not be granted until the County has a plan of Compliance for the septic system. Commissioner Troxel moved to deny the Department of Highway application for a MHP at BAsalt because of the septic system being inadequate. Commissioner Williams seconded the motion and declared the vote unanimous. Ms. Vaughn advised the next item is a request for a temporary housing application for two spaces at Dotsero for Daley MHP. The Staff recommended approval. Commissioner Williams moved the Daley temporary housing permit be allowed. Commissioner Troxel seconded the motion and declared the vote unanimous. Ms. Vaughn advised the next item concerns the Green Acres MHP. They have 29 spaces of which 3 are in the flood plane. Mr. Green is requesting to relocate the spaces on the other side of the road. The Board concurred if the different location does not affect the County Mr. Green may proceed. At this time a temporary housing permit for a Highway Department Employee was discussed. The Board concurred this item would be heard on June 6, 1980. The Board agreed to bill the applicant for the permit. Commissioner Troxel moved the Board sign the Budget transfer request proposed by Johnnette Phillips, County Clerk. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams moved to sign the Highway Users tax. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. There being no further business to come before the Board the meeting was adjourned until June 6, 1980. 0 Attest:, Werk the Bard C_h9irman 542 Proceedings of the Board of County Commissioners —day _____—term 19— 19___ I1 Proceedings of the Board of County Commissioners 6th _day June tens 19 81 Regular Meeting Present: Dale Grant Chairman Beth Riggert County Attorney Keith Troxel Commissioner Linda Hatton Secretary to Clerk of the Board Dan Williams Commissioner (Not Present) Mary Merkling C.S.R. The following bills were examined and approved and warrants ordered drawn on the proper funds in full payment thereof: Invoice #109190 Unemployment Benefits County General Fund First Bank of Eagle County Johnson and Company Gary Shields Intergovernmental Motor Pool Fund National Graphics Company Research Institute of America Kistler Kwill Colorado State Assn. of Cty Clerks 3-M Business Products Motorola, Inc. Colorado State Treasurer Vail Resort Travel Desk Nemco, Inc. Eagle Pharmacy University of Vail Book Store Collett Enterprises, Inc. Eagle Valley Telephone Co. Mountain Bell Jack Haynes Eagle Valley Glass & Mirror Company Fisher Chevrolet Beasley's Super Foods Eagle -Vail Linen Supply Charles Martschinske-Lake Co. Sheriff Phillips Petroleum Company Vail Mountain Medical P.C. Colorado State Forest Service Gypsum Volunteer Fire Dept. Eagle Volunteer Fire Dept. Beth A. Riggert Office of District Attorney Michael J. Kasher Eagle Valley Enterprise Glenwood Post Colo. State University Cashier Eagle Computer Systems Rocky Mtn. Natural Gas Airport Lighting Company Colorado State Treasurer W.S. Darley and Company Basalt 66 Road and Bridge Fund Eagle County Animal Control Dept. Alpine Animal Hospital Judy Day Eagle County Trash Company Upper Eagle Valley Sanitation Dist. Town of Carbondale John A. Graves Shelly's Tri -Country Youth Council Commercial Office Products McMillan Furnishings & Decorating Tuffy Lighting Supply Eagle Valley Conoco International City Management Assn Johnson & Kunkel IBM Office Supplies Fortunes Pizza NAHB Seminars International Conference of Bldg First Bank of Eagle County Eagle Auto Parts Jo Ann Dieghan Vail Village Travel Agency Lindsay Nimrod D.E. Towing Sanborn Equipment & Supply Road & Bridge Fund Holland Auto Parts Sun Tech Builders Chuck Thompson Eagle County Treasurer Eagle County Treasurer Blue Cross/Blue Shield Rocky Mountain Life Insurance Eagle Computer Systems Ella F. Bindley Stuart Satsky Johnnette Phillips Mary Merkling GENERAL FUN" Payroll Loan Payment -Sheriff's Dept. Invoice #A2:392 Reimbursement -Camera & Cases April Usage -County Cars Invoice #13345 Subscription Invoices Conference Registration Fee Supplies Invoice #109190 Unemployment Benefits Invoices #4275 & 4276 Invoice dated 5/12/80 Sheriff's Dept. -Invoice #41 Invoice #7384 May Cha- sheriff Aging,iBldg;l& April Rhone Bill Landfill Dept April Phone- Sheriff & Animal Control Travel Expenses -May Invoice #00450 Wrecked Chevy Nova -Sheriff's Dept Supplies -Jail Supplies Prisoner Board Fees Gas Charges Sheriff's Dept. Assessment for 1980 Rent for Jan. - April Rent for Jan. - April Travel advance Payroll and Expenses Travel Expenses Ads and notices Public hearings and want ads Invoice D88025 Invoice 580.11 Airport billing Invoices 2377 & 2384 Unemployr:ent benefits Invoice K4133 Services - Animal control Gas useage Reimburse Petty Cash fund Invoice 00873 Reimbursement for phone calls April trash bill Water and Sewer charges Boarding fees for March & April Travel Expense Invoice 119416 Matching finds LEAA grant Supplies Supplies Invoice 07649 Service Invoice 583389 County mapping, Voting precinct boundaries Lease payment Invoice 38 - Planning Dept. Registration fee - Tom Boni Invoice C38534 Loan payment Invoice 7647 Travel Expenses Invoice 938,947,950 Open Space Plan Set -vice Invoice 1.524 Reimbursement of payment of Compactor Invoice 10157 Refund on plan check fee Refund of plan check fee FICA taxes withheld FICA taxes withheld Insurance premium Insurance premium Computer service Advance fee for Boulder School Travel expense Lodging and meal advance for conference Court reporter services $11?,226.46 2,348.45 74.15 33.88 189.75 566.50 33.00 701.18 75.00 4,761.77 53.85 1,983.95 46,5.00 214.75 122.90 21.00 1.,029.04 3,995.61 15°.67 79.00 50. Ce 1,575.00 368.82 95,.35 111.1 .00 q4. 04 10.00 1,'„'7.37 �.Gc. Dc 300.00 189.00 5,S91.58 25.84 246.47 63.E9 60. GO 148.00 76.79 2,401.52 1,119.42 27.54 71.46 713.90 45.03 5.00 1,,. SO Ei.65 810 .40 445.00 12.80 102.2.0 1, ..nC.00 80.32 .519.00 3F,2.01 46.08 Co 440 G3 104.61 ?0 7n 150.00 124.00 653.38 3.85 56.99 454. on 60.00 228.25 257.18 5,262.18 9.63 721.75 96.25 6.910.73 15.05 6,546.99 343.34 3,855.70 '_22.25 137.80 279.00 500.00 19 Proceedings of the Board of County Commissioners It, day June term 1g 80 19 - Dale F. Grant Travel Expenses $ 229.28 W. Keith Troxel Travel expenses 37.03 Dan Williams Travel Expenses 227.57 Fund, Inc Lunch at meeting place 32.44 Western Union Service 36.80 James Overcash Photography on airplane crash 47.00 Donna M. Meineke Travel, dues, misc 195.44 Michael W. Stevens Wages and accured annual leave 230.50 Kistler Kwill Supplies 367.40 Basalt Drug Co Supplies - Sheriff Dept 18.23 Boise Cascade Supplies 591.18 Eagle Pharmacy Supplies 120.48 Collett Enterprise Service 1,779.17 H.R. Services Service 120.00 First Bank of Eagle County Loan payment 2,348.45 Raymond the Printer Treasurer's envelopes 74.30 The Printers Shopper Invoice 016679 85.38 Hubert N. Peterson Travel espenses 17.22 Eagle County Treasurer to correct error on tax certificate 13.82 Colorado St. Forest Service Invoice 16596 13.92 Beth A. Riggert Travel Expenses 87.13 Business Research Incoice EACO01-C480 37.80 Charlette Pascuzzi Travel expenses 20.72 Michael J. Kasher Travel Expenses 102,93 Intergovernmental Motor Pool Mileage 276.30 Vail Trail Invoices 8423,'2759, 2758 33.02 Eagle Valley Enterprise Public hearing notices 280.61 Glenwood Post Legal notices 72.21 Colorado Counties Registration fee 45.00 Mary Bernhardt Travel Expense 11.20 Jack D'Orio Travel Expense 330.08 Beverly Sheldon Travel Expense 16.80 Colo Dept of Agriculture Inspection of Livestock scales 10.00 Holly Ulyate Contract labor 129.25 Northwest Council of Government Contribution fee 25,290.00 Mac Taggart & Associates Airport appraisal 4,000.00 Rocky Mountain Natural Gas Gas service at airport 659.89 Holy Cross Electric Electric service 997.91 Eagle County Animal Control Reimburse petty cash 36.81 Eagle Valley Conoco Invoice 14482 19.50 Basalt 66 Service 80.50 Stephen D. Warren 14 shots - animal control 98.00 Alpine Animal Hospital Invoice 01606 & 01747 10.00 Mountain Bell Phone Charges 266.98 Eagle County Trash Trash bills 114.40 Jefferson Bank & Trust Loan payment 210.54 Road & Bridge fund Gas consumption 102.87 Ruth Bagneur Travel expense 15.68 John A. Graves Travel expense 10.75 Wang Laboratories Invoice 00047637 4,301.04 Melton E. Atwell Travel Expenses 24.22 Claude L. Gerard Travel Expenses 83.02 George H. Wear Travel Expenses 30.17 Eagle County Nursing Service Reimburse Petty Cash - Eagle 20.83 Eagle County Nursing Service Reimburse Petty Cash - Vail 30.22 Margie -Gates Travel Expenses 101.28 Hazel Higgins Travel Expenses 16.00 Nettie Reynolds Travel Expenses 26.48 Helen Nolcsan Travel Expenses 25.20 Virginia Penn Holmes Travel Expenses 31.32 Cecilia Schmidt Travel Expenses 20.89 Cela Waringa Travel Expenses 61.28 Jane Merritt Travel Expenses 68.15 Vail Valley Medical Center Office rent 492.00 Fisher Chevrolet Payment in full on lease 4,250.00 G.A.F. Corporation Invoices 96945,27725, 28658 1,039.11 Commercial Office Products Supplies 89.01 Coca-Cola Bottling Company Supplies 113.00 Prentice Hall, Inc One hand book 28.12 Eagle Valley Telephone Phone bill 3,641.08 U.S.Postal Service Postage for mailing machine 6,000.00 Craig T. Colby Travel Expenses 36.70 Hometown Supply Company Supplies 500.97 Elbert Baldrey Travel Expenses .84 Eagle Electric Invoice 1015 360.00 W.W. Grainger Invoice 216215608 128.81 Urban Land Institute Invoice 20991 21.50 Lynde Gilliam Vail Mountain Study consultant fee 510.00 Terrill Knight Travel Expenses 86.78 Susan Vaughn Travel Expenses 156.90 James Williams Travle Expenses 104.58 Thomas Boni Travel Expenses 41.30 Fortunes Pizza Invoice 3 32.60 Tobial Wades Planning Commission meeting 134.83 Internat'l Vonf. of Bldg Officials Invoice C39766 22.80 Jim Morris Electrical Inspection 292.88 Ed Hammer Electrical Inspection 1,511.40 Lester Douglas Travel Expense 50.73 Gerald Best Travel Expense 28.98 ERik Edeen Travel Expenses 8.12 Vail Village Travel Agency Invoice 948 96.00 Jo Ann Deighan Travel Expenses 63.03 Erik Edeen Travel Expenses 2.80 i Proceedings of the Board of County Commissioners 6th day June term 19-11 Michael J. Kasher Travel Expenses $ 765.69 D & E Towing Invoice 6423 38.75 Eagle Insurance Agency Notary Bond & seal 49.00 Glenwood Toilet Rentals Invoice 03136 55.or, Lucile Lieber Travel & Misc expense 1.66.46 7 Castles Development Company Refund on MHP license fee 9.00 Margaret Kleimer Travel Expense 8.68 TOTAL------------------------ =------------------------------------------------------------ $ 24q ,I56.32 Road and Bridge fund Louis Reynolds Business & Office Systems La Belles MountainState Ford Truck Sales Dick Wheeler General fund General Fund Case Power & Equipment Collett Enterprise Sanborn Equipment & Supply Valley Cas & Welding Lawson Products Eagle -Vail Linen Supply Beasley's Super Food J.& S. Contractors Supply Supplies Unlimited, Inc Holland Auto Parts Eagle Valley Telephone Town of Vail Yampa Valley Electric Assn. Berthod motors Hanson Equipment, Inc. Eagle Auto Parts Kaman Bearing Johnson & Kunkel Eagle County Treasurer Blue Cross/Blue Shield Rocky Mountain Life Insurance Kister Kwill Coca-Cola Bottling Company Mountain Bell Eagle Valley Telephone Don Mathews Ernest S. Walcher Louis Reynolds Sharon Green Robert s. Heron Public service Co Holy Cross Electric Big "R" Manufacturing Ventres -Landauer Construction Collette Enterprise Uniroyal Eagle Pharmacy Sanborn Equipment Lawson Products B & B Excavating Hometown Supply Supplies Unlimited Road and Bridge fund Drive Train Industries, Inc Buckeye Gas Products Ernest L Cock Max Mc Coy Francis D. Daugherty Rocky Mountain Natural. Gas Power Motive Corp. Eagle Valley Glass & Mirror McLean Trucking Company Colorado Kenworth, Inc Case Power & Equipment H.W. Moore Equipment West Coast Shippers Assn. Jefferson Bank & Trust Jefferson Bank & Trust Republic National Bank J.C. Adams Company Eagle County Genreal Fund Town of Basalt Town of Eagle Town of Minturn Town of Redcliff Town of Vail ROAD AND BRIDGE Payroll Travel Advance Invoice 064636 Supplies Invoice 6397, 0398 Lease payment Reimbursement of purchase of thermo lay units Reimbursement Invoice C5 8312 May charge Invoice 1524 Demurrage charge Invoices 1983090 & 1982928 Invoice 05089 Invoice 0221 Invoice 14459 Invoice 14.077 April billing Phone charges Utility use Electric bill Service Supplies Invoices 7647 & 7650 Invoice 756962 Topographical mapping FICA taxes withheld Insurance premium Insurance premium Supplies Set up charge for coke phone charges phone charges Travel expense Travel expense Travel expense Travel expense Travel expense Electric service Electric service Supplies Payment #2 Lake Creek Service Invoice 30361 Invoice 4 Invoice 1542 Invoice 1983647 Invoice 1165 - Invoices 5032 & 5038 Invoice 14115 Reimburse Petty Cash Invoice G29708 Invoice 424186 Travel Expense Travel Expense Travel Expense Gas Service Supplies Invoice 00473 Freight Invoice IV-Boo4418 lake creek read machine Bridge Invoices CS8888 & CS 9042 Supplies Invoice 182316 Loan payment Loan Payment Loan Payment Incoices 9819, 9820, 9821 Bill from Johnson & Kunkel Taxes collected thru Rd & Bridge Dept Taxes collected thru Rd & Bridge Dept Taxes collected thru Rd & Bridge Dept Taxes collected Taxes collected 34_.059.19- 200. CO 6200.CO 62.50 1.41 1,697.38 2C4.77 15,300.On, F7.7o 22.47 '.5,973.24 57.08 2C.00 1,119.20 20.83 1.05.36 91..73 48.80 584.9E 272.50 1.,915.85 164.78 19.42 1PO.09 2.6.52 2.56 2.,360.03 2,087.82 2,050.87 106.57 29.32 72.66 29.29 397.78 18.53 19.69 20.92 11.76 34.66 2.31 185.05 7,029.38 28,113.00 5,898.14 554.40 21.30 153.15 149.17 330.02 87.49 590.00 40.91 106.35 23.37 66.50 44.94 85.40 243.17 4.30 53.24 13.84 105.74 73.84 57.31 51.23 1,988.10 2,304.10 960.55 5,597.01 4,292.00 1,213.28 1,170.00 1,015.86 225.92 24,964.50 TOTAL--------------------------------------------------------------------------------------- $167,293.19 19 Proceedings of the Board of County Commissioners 6th day June term 19 80 Library fund Colorado State Treasurer Kistler Kwill Eagle County TreaAurer Blue Cross/Ble Shield Rocky Mountain Life Insurance Eagle Pharmacy Catalog Card Corp. Brodart, Inc Garfield County Library Upstate Library Promotionals Bell & Howell Eagle County Public Library Random House Baker & Taylor Company Smithsonial Expostion Books Gordon's Books, Inc McGraw-Hill Book Co Physician's Desk Reference Main Line Book Company University of Nebraska Press The Dailey Sentinel Associated Libraries Harper & Row Publishers Publishers Central Bureau Jende-Hagen Co Booksellers American Econo-Clad Services Prentice -Hall Road and Bridge Mountain Bell Minturn Branch Library Roberta J. Depp Holy Cross Electric Highsmith Company LIBRARY FUND Payroll Unemployment benefits paid Supplies FICA taxes withheld Insurance premium Insurance premium Invoice 24 Invoice 119245 Invoice 66983 Invoice dated 5/1/80 Invoice dated 5/15/80 Invoice 96363 Reimbuse Petty Cash Invoice 1052616 Supplies Renewal Account Books Books Books Books Invoice 415982 Newspaper renewal Books Invoice 2879462 Invoice 8250067 Books Invoice 157811 Books Gas consumption Phone Bell - Minturn Reimburse for Petty Cash - Minturn Travel Expenses Electric Service Invoice E -13354A TOTAL--------------------------------------------------------------------------------------$ 6,203.00 828.00 8.95 380.24 328.83 18.60 7.53 32.01 15.55 86.05 52.20 193.05 19.86 42.93 92.53 16.76 206.91 18.71 15.75 25.04 16.35 33.75 277.86 38.54 3.29 224.08 84.55 68.09 78.09 16.88 25.71 27.44 25.56 176.33 9,772.22 19 The following items were heard by the Board in the afternoon. Doug Pilcher, Road and Bridge Supervisor, presented a Hold Harmless Agreement which recuperates any Agreement - problems Mr. Stephens may have while the Army Corp of Engineers is staying on his property. W.A. Stephens Chairman Grant questioned if the County insurance would cover the Army. Beth Riggert, County Attorney, advised the Hold Harmless Agreement, in essence, states the County will be liable. But if loss or damage arose out of negligent use by the Army the County is not liable. Commissioner Troxel advised the Army is an agent to the County as they are doing work under the County's authority. Chairman Grant advised the County should obtain a rider on the insurance. Mr. Pilcher pointed out the location where the Army will be camped. He advised the County has graded out the access for them and Mil. .Stephens :is:goi,ng to replant the area this summer. Commissioner Troxel asked Craig Colby, Personnel Director, if the Army will be insured under the County policy while they are working for the County. Mr. Colby responded he did not believe it would cover them but he would get a frider for the County's insurance. Commissioner Troxel moved the Chairman sign the Hold Harmless Agreement in regards to the housing of the Army Corp on W.A. Stephen's property. Chairman Grant seconded the motion as Commissioner Williams was not present. Commissioner Troxel amended his motion to state conditional upon the insurance rider being confirmed by the insurance company. Chairman Grant seconded the amended motion and declared the vote unanimous of the two voting. Doug Pilcher, Road and Bridge Supervisor, advised the Board he had located a fuel truck for the Road & Bridge Road & Bridge Department. He stated it is a 1500 gallon 1970 Ford Chassis. The cost would be $14,000.00. He has not seen it yet. Commissioner Troxel advised unless they are going to retail petroleum products, it is too expensive. Mr. Pilcher discussed the finance package stating the Road and Bridge budget is in good shape in capital outlay items for 1980-81. Chairman Grant stated it would be acceptable to the Board to purchase the truck if it is in good shape. Craig Colby, Purchasing Agent/Personnel Director, appeared to advise the Board he had contacted the Insurance/ County insurance company and was advised the Army Corp would be covered by the County insurance policy. Army Corp. The Board directed Mr. Colby to get a letter to confirm this. Beth Riggert, County Attorney, presented a Hold Harmless Agreement for the Arm.v Corp to use a portion Agreement/ of Loren Chambers property for recreational purposes. Loren Chambers Jack D'Orio, County Agent, explained rather than create a problem with the Eagle Town park, as it is usually crowded, the Army Corp is going to have their recreation on Loren Chamber's property. Mr. Chambers has stated he is agreeable as long as he is not held liable. Mr. D'Orio advised the agreement states the Corp of Engineers may play baseball on Mr. Chambers land and the County will assume the liablity. Commissioner Williams moved the Board sign the Hold Harmless Agreement between Eagle County and Loren Chambers for recreational use conditional upon the insurance specifically covering recreational activities. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Commissioner Williamsm oved the Colorado Highway Department be allowed to have temporary occupancy Highway Dept. of an additional trailer in their park at Wolcott with the understanding changes may have to be made with MHP the permit. Occupancy may be denied in the future if it is not done correctly through the Staff. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. 54- Proceedings of the Board of County Commissioners 6th day June term 19_ so _19__ John Olesen Beth Riggert, County Attroney, advised the next item is the lease for John Olesen, Mountain Flying .Lease Service. The Board previously tabled this item at which time the County Attroney was directed to research five years of the Denver/Boulder Colorado Consumer Price Index. Mr. Olesen was requested to submit an Exhibit "A". Ms. Riggert summarized the lease with additions and deletions for the Board. Commissioner Troxel questioned approximatly how many gallons of fas were sold last year. Mr. Olesen stated there were approximatly 225,000 gallons sold. Commissioner Troxel discussed the revenues for the County based on the average increase in sales. He would like to try the lease on a one year basis to see what the CPI does. +' Mr. Olesen stated he is agreeable to a one year contract and would be willing to go with 10Q per square foot. { Commissioner Troxel stated he prefers the square footage to the gallonage as it is more consistant. He recommended the price of U per gallon for one year. After review, if this does not work out equally, it could be converted back to a square footage item. Chairman Grant concurred. Ms. Riggert asked if Mr. Olesen and the Board preferred the lease to be one year with one year options or one year with a five year option. The Board concurred to leave the lease at one to one. The lease would be ocntinued 60 days after the anniversary date to allow time for negotiations. Ms. Riggert advised the lease states the County receives all revenuers for monthly tie -downs. Mountain Flying Service will pay the County 3% of the revenues generated from daily and weekly tie -downs. Resource Commissioner Troxel stated he would like some wording to the effect that tie -down spaces will be Recovery available to people requesting more yearly or monthly tie -downs. : Mr. Olesen requested an item (p) be added under section 3 to state he will provide transportation ' services for passengers to their destination. Ms. Riggert advised she had included under additional conditions that if the County enters into this type lease with anyone else and the lease contains more favorable terms the County shall grant the same k . terms to MFS. Me. Olesen questioned if Section 6 item b "rental price lease of all facilities of the County used by MFS' included his hangers. Ms. Riggert suggested if the Board did approve this lease she would prefer to have it signed Monday after the amendments are completed. Leonard Sinclair, speaking as a private citizen, advised the Airport Commission has done a survey and found this lease is the only one related to gross sales instead of gallons. Mr. Sinclair stated he velieves the Airport Commission forwarded a good recommendation and he hopes the { lease is signed. Commissioner Troxel suggested delaying a motion until Commissioner Williams is present and the County Attroney can make changes discussed in this hearing. Chairman Grant advised the Board will take care of the final passing of the lease on June 9, 1980. Jack Loch - Jack Loch, Director of Rural Health, appeared to discuss a letter the County will be receiving regarding Director of recruitment of doctors for Eagle County. Rural Health Mr. Loch explained they are trying to expand their recruitment to include broad support to hire full time recruiters in the State of Colorado for the rural areas. Mr. Loch advised the letter will request the Board donate $100.00 as a membership fee. ' The Board thanked Mr. Loch for appearing. Resolution Beth Riggert, County Attorney, prrsented a Resolution 00 ch is the final step in the adoption of House Bill 1041. The Board had passed a Resolution on April 14, 1980 designating three matters of State interest. Pursuant to statute the adoption and copies of the Resolution were sent to the Colorado Land Use Commission for their review. Ms. Riggert advised she had discussed the Colorado Land Use Commission's recommendations with Terrill Knight, Planning Director, and it is their joint opinion the County should adopt the recommendations as follows: 1. allow the Planning Commission to identify an activity or area of State interest through the Master Plan proceedure with the Board of County Commissioners making the final decision. 2. The collector system was defined the same as a distribution system. The definition that is now in the proposed Resolution is identical to the one in the statute. Commissioner Troxel moved the Board adopt the Resolution readopting and amending the "Guidelines and Regulations for areas and activities of State interest of the County of Eagle, State of Colorado" Resolution number 80-25. Chairman Grant seconded the motion as Commissioner Williams was not present. The vote was declared unanimous of the two voting. Marvin Borah Marvin Borah and Chuck Albertson appeared to discuss the fence along the road on Gypsum Creek. Chuck Albertson Mr. Albertson asked who is responsible for the fence and the maintenance of it. Commissioner Troxel advised the County has repaired fences if the County is at fault for the damage. The County right-of-way is usually from fence to fence. Mr. Albertson questioned if he can legally mend the fence if it is County property. He advised the County maintainer continues to destroy the fence and he has been repairing it until now. It is too much upkeep to take care of now. The Board directed Mel Atwell, County Engineer, and Doug Pilcher, Road and Bridge Supervisor, to go up Gypsum Creek to establish who owns the fence, who is responsible for the maintenance of it, and how much +' right-of-way the County owns. Beth Riggert, County Attorney, advised if there is no deed the County will claim the right-of-way from the fence to the fence or to the natural physical characteristic. If the fence is damaged by the County the County has the obligation to repair it. Mel Atwell questioned if there is not a deeded right-of-way would Mr. Albertson be willing to give the County 50'. Mr. Albertson stated he does not feel it is necessary. He would be willing to insure their is a deeded right-of-way to the present width if the County will maintain the fence when they tear it up. Mr. Albertson requested a cattle guard be placed where the Forest Service land starts and the County road starts. The Board advised they would give Mr. Borah and Mr. Albertson their decision on the road and the cattle guard at a later date after the item has been researched further. Resource Mick Kasher, Administrative Assistant, presented some minor descrepancies the auditors had found in the Recovery Resource Recovery contract with Franklin and Assoc. The changes included the overhead being changed from 70% to 85% and in Section 6 the wording be changed to make the billing correct. Commissioner Troxel moved the Chairman initial the changes on the contract. Chairman Grant seconded the motion as Commissioner Williams was not present. The vote was declared unanimous of the two voting. k . There being no further business the meeting was adjourned until June 9, 1980. - 646 Attest: ) �er� to t e B ar -�/ Chairman 548 Proceedings of the Board of County Commissioners—_. 9th day June_- term 19 80 _—_19 SPECIAL MEETING Present: Dale Grant Chairman Tom Boni Assistant Planning Director Dan Williams Commissioner Susan Vaughn Planner Kieth Troxel Commissioner Johnnette Phillips Clerk to the Board Beth Riggert County Attorney Mary Merkling C.S.R. Commissioner Grant advised the Board of County Commissioners had received a request from the Eagle County Chamber of Commerce for the use of the County Airport grounds to hold a Special Event. Permission is necessary for A Special Events Liquor application. Commissioner Troxel moved the Board sign the request from the Eagle County Chamber of Commerce allowing use of the County Airport grounds for a Special Event. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel stated in discussion the Board was not agreeing to go against any State regulations of the liquor laws but just giving permission for use of the airport grounds. Commissioner Williams agreed and suggested the Chamber of Commerce contact the Sheriff's Department for assistance during the event. This being the regular day for planning matters to be heard the following items were heard, to wit: Request: Preliminary plan review of two blocks of the commercial core, 69 lots of Suburban Density (duplex) and 1 tract of resort services. Location: Beaver Creek PD - Tracts A, F, I, J, and M Tom Boni, Assistant Planning Director, stated the first item on the agenda is Beaver Creek preliminary plan #4. This item was previously tabled to allow for additional research of records regarding variances to road standards. Beth Riggert, County Attorney, discussed the findings of the variances stated in Commissioner minutes and letters to the applicant from the Planning Department. Ms. Riggert advised it is her legal opinion the variances are valid. Mr. Boni stated the Planning Staff recommended a note be placed on the plat in regards to variances. Dave Mott discussed the roads, speed limit signs, and enforcement of the speed limits. Commissioner Williams stated he would prefer to set a policy, from this point forward, to require plat notations for variances. Commissioner Troxel moved Su -100-80-P4 be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: Legalization of a 1.6 acre parcel Location: Section 1, T8S, R86W (adjacent to Seven Castles Subdivision) Tom Boni, Assistant Planning Director, advised the next item is the Brooks Subdivision in Seven Castles Estate. Mr. Boni advised this item was tabled to receive the final mylar of the subdivision. Susan Vaughn, Planner, explained how the illegal parcels came about. Mr. Boni advised the Planning Commission recommended approval with the condition a plat restriction be placed on the plat idenifying Castle Lane as a substandard road. Commissioner Troxel asked if at a future date the applicant wanted to bring the roads up to County standards would he be willing to give the County some right-of-way. Mr. Brooks stated he would be willing to donate the County a right-of-way. Commissioner Williams moved Sm -175-80 be approved with the condition the plat indicate Castle Lane is not a County road and is not accepted for maintenance. If the County ever accepts the road for mainten- ance it will be set to County standards by virtue of the lot owner, Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Susan VAughn, Planner, advised the next item is a request for a SUP to construct a toxic waste water facility at Squaw Creek. The operation is proposed to be entirely in the building. John Bergeson, M & I Engineering, presented background of the proposed plant, discussed the area to be serviced, and the construction schedule. Roger Hosher discussed the condition the Planning Commission placed on their approval as being: 1. Acess to the site 2. Landscaping 3. 100 year folld plain information be provided 4. Colorado River Water Conservation District be notified of the project 5. Upper Eagle Valley Sanitation acquire the site. Bob Radcliff, owner of Eagle Crest, discussed the road and stated it should be brought up to County standards and have a 50' right-of-way. Mr. Radcliff requested Eagle Crest be put into the sewer district. Commissioner Williams advised it is the responsibility of the district to bring the road up to County standards if they use it. Susan Vaughn advised the Staff originally wanted to table this item at the Planning Commission to resolve the problems with the bridge, access, and landscaping plans. Ms. Vaughn advised the STaff had requested a ruling from the County Attorney whether a SUP is needed for utility and distribution lines. It was the opinion of the County Attorney a SUP is needed. Mr. Hosher stated he had never had to have a SUP before on lines he had built. Ms. Vaughn advised the Staff recommended approval. The Planning Commission recommended approval with the conditions: 1. Applicant be the holder of the land 2. Engineering of access road on bridge be acceptable to the County 3. Landscaping plan be accepted by the County 4. Adequate 100 year flood plain study be submitted. Ms. Vaughn read letters from M & I engineering, Bob Radcliff, and the Army Corp of Engineers. Commissioner Williams moved Zs -115-80 a SUP to construct a waste water facility located at Tract A of Eagle Crest Subdivision #1 be approved conditional upon: Right-of-way be obtained by the District outside to the subdivision to Highway 6 including paving Build single lane bridge that would be acceptable to the County Engineer and physically adaptable to a second lane. Landscaping plan to include screeing with the Board reserving the right to waive this condition at a later date if they deem it appropriate. Applicant be the holder of the land. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. The Board directed the applicant to request the District Court to get in touch with the County Attorney. When the County Attorney is satisfied the applicants are the legal holders of the land, they may commence construction. Su -100-80-P4 Beaver Creek Preliminary Plan Filing #4 Sm -175-80 Seven Castles (Tim Brooks) Zs -115-80 Upper Eagle Valley Sanitation District 549 Proceedings of the Board of County Commissioners 9th day_June —term 19ao_ __19 -- ,Zs -116=80 19 ,Zs-116=80 Request: Special Use Permit to operate warehouse, Service and repair of appliances, cabinetry, plumbing Zs=117-80 and a total of 10 dwelling units on two lots. Hans Oberlohr/ Location: Lots C-2 and C-4 South Forty Subdivision Filing #1, Edwards, Colorado Edwards Busi- Susan Vaughn, Planner advised the next item is a request from Hans Oberlohr for a warehouse and facilitie ness Center on Lots C-2 and C-4 South Forty Subdivision #1. The applicant is proposing to build 4 condominium units on Lot C-2 and 6 on Lot C-4. Brian Barnes, representing Hans Oberlohr, stated they are basically trying to continue the same type of uses established on Lot C-3. Commissioner Williams stated he does not have a problem with rental units but they should not be condonmiiumized. Mr. Barnes answered they would only be rental units. He discussed the access and sewer. Ms. Vaughn advised the Staff and Planning Commission originally recommended tabling this item to have an engineering report regarding the stability for the road and the landscaping plans for restabilization screening of the road. There were concerns about the driveway but the driveway has been deleted. The County Engineer has inspected the plans and has no problems with them. Commissioner Troxel stated his concern is the plan shows three acesses onto Highway 6 and may require accelleration and decelleration lanes at a future date. Ms. Vaughn advised the Staff has no significant remaining problems with this application. It is importan that if the accelleration and decelleration lanes are needed it should be done now as it could not be done later. Commissioner Troxel moved Zs -116-80 and Zs -117-80 be approved conditional upon the Staff reviewing the traffic volume on a yearly.basis and determine at that time whether to request the applicant to construct accelleration and decelleration lanes for the project. Commissioner Williams seconded the motion and asked for discussion. Commissioner Williams requested the record reflect dwelling units are not condominium units and will be rental units only. Commissioner Troxel amended his motion to state the site plan will have a notation that the units to be built will be dwelling units only and not condominium units. Commissioner Williams seconded the amended motion and the Chairman declared the vote unanimous. Zs -118-80 Request: Special Use Permit to allow placement of twenty tents to house facilty annually at Summer -Vail Colorado Mtn. Workshop in a Resource zone College/ Location: At Maloit Park C.M.C. building south of Minturn, in the NW; and Wz, NW -1, Section 2, T6S. R81W "Summer Vail Susan Vaughn, Planner, advised the next item is a request for a SUP by C.M.C. to allow an annual tent Workshop" camping park at the Maloit Park fka Battle Mountain High School. Randy Milhone, Director of CMC, explained the proposed tent camp and gave history of the Summer -Vail workshop. He advised the tents will be for CMC faculty only. Ms. Vaughn stated she had questioned the County Attorney if the signatures of New Jersey Zinc, owners, and/or the School District, lessors, should be on the application. The County Attorney advised the owner could sign the application. Ms. Vaughn presented a letter form the School District stating CMC does not have the School District's permission for this project. She advised the Staff has a letter from New Jersey Zinc giving permission for the tent camp. The Planning Commission recommends approval of this plan. The Enviromental Health Department has inspected the plan and advised it meets all Health Department regulations. The Staff has no problem with the facility but feels CMC should resolve the problem with the School District. Beth Riggert, County Attorney, explained the problem with New Jersey Zinc and the School District. Ed Keller, School District, advised the Board of his reason for objecting to the tent camp. There are concerns of sanitation wastes and disposal materials. The park is maintained for the local people and this use could interfere with area people and enjoyment of the area. Commissioner Williams suggested CMC meet with the School Board to resolve this matter and then come back before the Board of County Commissioners. Commissioner Troxel questioned the legal ownership of the land. Mr. Keller answered New Jersey Zinc owns the land but the School District has a 50 year lease with a 50 year option. Mr. Milhone responded to the concerns of the School District and the sanitation issue. The Board agreed the lease is not the County's decision but should be resolved between the School Board and CMC. Only the SUP is the Board's responsibility. Commissioner Williams stated he has no problem with this matter if it meets the sanitation and other requirements. Commissioner Troxel moved Zs -118-80 be approved conditional upon the School Board approving the application to sublease the property in question from the School District for the SUP. Commissioner Williams secinded the motion and the Chairman declared the vote unanimous. Zs -119-80 Request: Special Use Permit for 6 wells, 1 pump station, 2 raw water pump stations,', million gallon water Berry Creek tank, Charolais Dan and Reservoir, June Creek Dam and Reservoir, Howard Ditch, Howard -Winslow Metro District Ditch, water treatment facility in a P.D. zone. Location: Berry Creek Subdivision, north and east to the Edwards I-70 interchange Susan Vaughn, Planner, stated the next item is a request by Berry Creek metropolitan District for a SUP for a number of items associated with water and sanitation facilities. On May 7, 1980 the Planning Commission recommended approval with the conditions: 1. Visual impacts be mitigated 2. Landscaping be installed around the water tanks and pump stations so they blend with the enviroment 3. County review permit next year to be certain those conditions have been done. Commissioner Williams moved Zs -119-80 be tabled, not to exceed 30 days, to answer the questions regarding such matters as engineering, access, roads, and water facilities. Commissioner Troxel seconded the motion. Commissioner Williams amended his motion to indicate this item will be heard June 25, 1980. Commissioner Troxel seconded the amended motion and the vote was declared unanimous by the Chairman. Mery Lapin Tom Boni, Assistant Planning Director, advised the next item is a request from Mery Lapin to discuss off - Brush Creek site impacts of the Brush Creek Stables. At the time this was changed to Resource Residential there was ,Stables discussion of the adequacy of the Brush Creek Road and current standards. Mery Lapin, applicant, advised that at the Planning Commission meeting the Staff had requested modificati between sketch plan and preliminary plan. Before going to this expense Mr. Lapin wants to ascertain off-site impacts. Mr. Lapin advised a letter from the engineers stated they basically felt the project would not have a significant impact on the road. Commissioner Williams stated the portions that will be included in the off-site impacts are the safety of the road and the ability of the County to maintain the road. Discussion followed on the upgrading of the road and a wider right-of-way. i I n 050 Proceedings of the Board of County Commissioners— 9th day June ___term 198o 19 -- Mr. Lapin agreed to the dedication of the required right-of-way. The Staff suggested the applicant meet with the Attorney of Brush Creek Eagle Ranch Company in regards to the road. The Board concurred the County should set a policy toward off-site impacts. The Board thanked Mr. Lapin for appearing. Tom Boni, Assistant Planning Director, advised the next item is a request by Jack Davis for an extension of his final plat. Mr. Davis failed to have the plat recorded within the required 90 days. He is requesting a 90 day exten- sion until September 8, 1980. Commissioner Williams moved the final plat for Jack Davis be extended until September 8, 1980. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Terrill Knight, Planning Director, advised the next item is a request by Roy Mosher for clarification of density on two subdivisions he has developed. Mr. Knight read a letter from Mr. Mosher requesting to meet with the Board to confirm he is allowed a quest house on each Tract. The reason he is requesting the confirmation is the Planning Staff does not allow a guest house or a second house on any Tract. Mr. Mosher advised the Board had approved his covenants as a form of subdivision agreement which allows for a guest house. Commissioner Troxel moved to table this item temporarily to enable Mr. Mosher to come before the Board later in the day. If he does not appear today the Board will make a motion to table this item until another date. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Susan Vaughn, Planner, advised the next item is a request from Kenneth Logan, Manager of Logan MHP, for a temporary housing permit. He is requesting to locate a trailer on site as a manager's unit until an apartment becomes vacant. Ms. Vaughn advised there are approximatly 40 spaces at the KOA Kampgraound but Mrs. Logan is extremely allergic to dust and she cannot live there. Commissioner Troxel moved the temporary housing permit for Kenneth Logan be approved. Commissioner Williams seconded the motion and the Chairman declared the bote unanimous. Susan Vaughn, Planner, discussed the site plan, the Board previously approved, of temporary housing for the Department of Highways. item. Ms. VAughn advised the Staff has received all necessary paper work and they recommend approval of this Commissioner Williams moved in regards to the Colorado Highway Department temporary housing permit west of Wolcott be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Terrill Knight, Planning Director, advised the next item is a request from Sun Tech Builders for a refund of a building permit fee in the amount of $440.50 and a plan check fee of $220.25. Mr. Knight advised the plans as submitted were rejected and remained in the Planning Office for almost one year with no changes being made. Subsequent to that plan a different building permit was submitted at which time the cuilding permit and plan check fee were paid. The applicant is requesting a refund of the first fees. Mr. Knight stated the Staff recommends the building permit fee of $440.50 be refunded. The plan check was made so the $220.25 should not be refunded. Commissioner Troxel moved to take the Staff's recommendation on the Sun Tech Builders application and request. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Susan Vaughn, Planner, advised the next item is a request from Slifer and Company for the Board to designate, in the record, a seperate parcel in Red Canyon Ranch in Edwards. Ms. Vaughn advised this is a 9 acre parcel of land which lies on the south side of I-70. The applica is requesting the Board to designate the seperate parcel as it is divided by the Highway's right-of-way. Commissioner Troxel moved the Board determine this is a seperate parcel of Slifer & Company Red Canyon at Edwards. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Terrill Knight, Planning Director, stated the next item is the appointment of a member to the Planning Commission from the Central portion of the County. Don Price, the current Chairman, term is up. His position has been advertised and the County has received letters from Don Price, DAve Mott, and David Green requesting to be appointed to the position. Commissioner Williams recommended Don Price be reappointed. Commissioner Troxel recommended Dave Mott as he believes his qualifications are better. Chairman Grant stated he prefers Don Price as his qualifications and experience are equal to Mr. Mott's. Commissioner Williams moved Don Price be appointed to the Planning Commission with his term being from the present time until January 1, 1974. Commissioner Troxel would not second the motion. Chairman Grant seconded the motion and declared the vote two in favor; Commissioner Troxel voting "no". Tom Boni, Assistant Planning Director, presented a request for an extension of a final plat for Mustang Townhouses. The applicant has installed a praking lot which he had a bond on. The County has returned his money but he failed to file his final plat. Mr. Boni advised the applicant is requesting a plat extension until September 8, 1980. Commissioner Williams moved to extend the final plat of Mustang Townhouses until September 8, 1980. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Terrill Knight, Planning Director, stated the next item on the agenda is the Energy Conservation Buildi Award. This is a program initiated by the Community Development Office to try to meet the County's effort to assist builders in being energy aware. Mr. Knight advised at this time this is an in -Staff project which sets a series of standards for which buildings may qualify and receive awards. Mr. Knight feels this is a benefit to the community and will be an incentive to builders. Jo Ann Deighan, Health Assistant, presented brochures and hardbooks concerning the project. Brian Haas explained the program and the awards. He discussed the medallion to be affixed to the building which has received the award. Beth Riggert, County Attorney, advised if the program is adopted a formal Resolution should be made. Jack Davis Extension Roy Mosher Kenneth Logan Temporary Housing Dept of Highways Temporary housing Sun Tech Builders Refund Slifer & Co Red Canyon at Edwards Appointment to Planning Comm. Mustang Townhouses Energy Conservation Building Award _ Proceedings of the Board of County Commissioners 9th day June term 19-8o_ 551 19— Commissioner Troxel moved the County Attorney draft the necessary wording of a Resolution to make this an official Eagle County policy. Commissioner Williams seconded the motion and.asked how much time the Staff will donate to this project. Mr. Haas explained this would be incorporated into the structure, zoning, building plans and during the final inspection. The Chairman declared the vote unanimous. Jim Kemp Terrill Knight, Planning Director, advised the next item is a discussion by Jim Kemp concerning the old County road at Edwards. Mr. Kemp stated there is a descrepancy of boundaries. He requested, as the County road is not described through his property, to adjoin it with a 122 foot strip and the right-of-way to the road which will clear up the boundary. Mr. Kemp suggested the County define their right to the right-of-way then the property owners could define their boundaries. Beth Riggert, County Attorney, stated she would not like to see the Board take action with only one property owner present. Commissioner`Williams suggested having a vacation hearing. Commissioner Troxel moved to set a vacation hearing for that portion of the road described in this hearing and advertise for a public hearing on this matter. All property owners will be notified of the hearing on this vacation. Commissioner Williams seconded the motion and the Chairman declared the vote unanious. Roy Mosher Terrill Knight, Planning Director, advised Roy Mosher had not appeared today. Commissioner Troxel moved Item C of "Other" be tabled until such time as Roy Mosher makes an application, before the Board, for a clarification of zoning density. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Appeal: Terrill Knight, Planning Director, advised the next item is an appeal from Bud Palmer. Bud Palmer Jim Williams, Zoning Inspector, advised Mr. Palmer had submitted a building permit for 40 acres. The Staff denied the building permit because the applicant specified living quarters along with a area for farm- hand living quarters and guest living quarters. Mr. Williams read from the Regulations section 301.03 concerning persons employed for a use by right. Mr. Williams advised the building permit was denied because this is a more residential use of a 40 acre parcel than a typical operating ranch which would have quarters for full time employees. Commissioner Troxel stated he believes the Board should allow the building permit on the grounds as it is one unit, other than the house, to be used solely for employees. Buff Arnold, Architect, advised there is no intention to have a seperate quest house for the family. The caretaker's unit over the garage was shown as a seperate structure. Mr. Palmer feels it is necessary to have someone on the property as he is away alot. Mr. Arnold stated when they had submitted the plans they did not realize there was a problem.as they felt that under a 40 acre parcel one unit would be a rural homesite and the other would be an accessory to any use by right. Discussion followed on rural homesites and the definition of a ranch. Mr. Knight advised the rural homesite provision stated it is only allowable on the original acreage. This property has been split into smaller parcels thereby voiding the rural homesite right. Commissioner Williams stated he has no problem with a caretaker's unit as long as it is consistant with the Subdivision covenants. Commissioner Troxel suggested the applicant get a SUP for the additional unit. In the mean time the Board may wish to change the portion of the regulations which state in a resource zone a person may or may not have a guest or caretaker facility. Commissioner Williams questioned if the Board could change the uses by right in any zoning. Mr. Knight read section 407 of the Building Regulations which states the Board may, by Resolution, add to the uses listed for a zoning district or any other uses listed. Chairman Grant stated if the regulation was changed the caretaker of the property would have to be defined. Commissioner Troxel moved the determination of the applicant's request for the Board's approval of a second unit on a 40 acre parcel be denied. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved the Staff advertise for a hearing on regulation changes to allow a caretaker or security unit on a Resource zone. The criteria will be established by the Staff concerning the distance from the house and other such matters to make it compatable and not subdivided as a seperate parcel. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Beaver Creek Terrill Knight, Planning Director, presented an item of clarification of the letter sent to Beaver Creek regarding the discussion on employee housing. The only reference made to the number of dwelling units was a number of 108. Mr.Knight advised a call had been received from Vail Assocaitas after they received the letter. He point out the 108 units was a figure they derived for the empolyee housing. Mr. Knight;.stated the original development plan only called for 33 units in the first year. The letter was sent out with incorrect figures and should have been 33 units in 1980-81, 33 units in"1981-82, and a total of 108 units in the 1982-83 season. The Board concurred ther should be no varying from the original plans. John Olesen Beth Riggert, County Attorney, presented the revised Fixed Base Operator Concession Agreement with Mountain. Flying Service. The applicant had requested under Section 3 regarding specific services there be a (p) added. The other change was in section 12 which stated the term of the agreement shall be for one year. Upon the expiration of this term M.F.S. shall notify the County on their intention of renegotiating the terms and within 60 days the changes will be made. Commissioner Troxwl moved to have the Chairman sign the Fixed Base Operator Concession Agreement. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Lease Agreement Craig Colby, Purchasing Agent, presented the lease agreement with options for purchase from Municipal Investment for new equipment. Beth Riggert, County Attorney, pointed out the important parts of the lease she wanted the Board to be aware of. Commissioner Troxel moved the Chairman sign the lease agreement. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. 552 Proceedings of the Board of County Commissioners-9th—day-----an-e-------tem 19 8o ---19— Mel Atwell, County Engineer, advised the Board the corrigation on the Lake Creek Bridge needs to be filled with concrete. Commissioner Troxel moved the Chairman sign the addition to the Lake Creek Bridge contract in the amount of $698.00 to add concrete which will alleviate problems of crossing the bridge until the rest of the bridge is constructed. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved to sign the form designating Mary Ann Miller as an outstanding employee of the month. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. There being no further business to come before the Board this date the meeting was adjourned until June 24, 1980. &"i airman Attest: d(j erktothe 6 r Lake Creek Bridge Employee of the Month Proceedings of the Board of County Commissioners 24th day aue _—tern 19-8-o- Mueller/Siverl, Financial Proposal Senior Citizen Program Stan Bernstein Financial Proposal Board of Appeals Loren Chambers Paul VanWinkle Letter of Credit Doug Pilcher Jack D'Orio re: Army Corp Resolution Resolution SPECIAL MEETING Present: Dale Grant Chairman Beth Whittier County Attorney Keith Troxel Commissioner Johnnette Phillips Clerk to the Board Dan Williams Commissioner Mary Merkling C.S.R. 55e`3 19— This being the day for the County Commissioners to meet, Welfare items were presented in the morning session. In the afternoon the following items were heard, to wit: Mr. Mueller and Mr. Siverly appeared to discuss the purchase of mining claims owned by the County. Beth.Whittier, County Attorney, explained the research she had done on the mining claims. Mr. Mueller requested the mining claims be put up for auction. Commissioner Troxel stated he has no problem considering putting the mining claims, not owned by any other government body, up for bids. He feels there is no harm in determining the worth of the claims at which time the Board can put them up for bid or adopt a Resolution such as Pitkin County's. Ms. Whittier advised the County cannot ask for bids as Section 39.11.142 states when a tax certificate has been turned into a tax deed the Board of County Commissioners shall list such property for sale and post said list. Commissioner Williams suggested this land may have a higher value as open space. He does not anticipate this being a big revenue source for the County. Commissioner Troxel moved the Board of County Commissioners instruct the County Attorney to draft a Resolution designating all County owned or a portion thereof as Open Space. A clause should be included in the Resolution which states " By further Resolution of any Board of County Commissioners there may be certain parcels exempt from that designation if the Board deems it appropriate". Commissioner Williams seconded the motion. Commissioner Williams asked Hubert Peterson, County Treasurer, if he feels the motion is appropriate. Mr. Peterson stated he is not agreeable with the mining claims being Open Space as 82% of the County is already Open Sapce. The Chairman declared the vote unanimous. Commissioner Troxel moved the Senior Citizen Program contract, done by Mr. Gerstenberger and dated June 24, 1980,..be retained by his firm. He moved the contract be signed for the sum of $18,090.00 which shall be taken from the mill levy set aside for the Senior Citizen program. Stan Bernstein appeared to present a financial proposal and suggested an update of the financial plan. Mr. Bernstein stated due to County growth he feels it is necessary to update and modify the planning process of the budget. There are specific areas that could be worked on in terms of orginization, management, and consulting. Mr. Berstein requested to work with the Department heads and auditors as an advisor in planning the 1981 budget. Mick Kasher, Administrative Assistant, recommended the employment of Mr. Berstein as he would be an asset to the County. The Board concurred Mr. Kasher and Mr. Bernstein should prepare a contract to continue the comprehensive financial plan model for Eagle County. Les Douglas, Building Inspector, stated according to the Building Board of Appeals records, the position that is up for reappointment is that of Hard.l_d Denton. Mr. Denton has sent a letter requesting to be reappointed. Commissioner Troxel moved Harold Denton be reappointed to the Building Board of Appeals from May 4, 1980 until May 4, 1985. Commissioner Williams seconded the motion and the�Chairman declared the vote unanimous. Loren Chambers appeared in regards to the application he previously submitted for a gravel operation. Mr. Chambers requested to be allowed to advertise simultaneously with the Planning Commissionandthen be placed on the Commissioner meeting agenda for July 14, 1980. Terrill Knight, Planning Director, advised Mr. Lapin is asking for dual advertisement. The Planning Commission and Staff recommend this not be allowed as it does not allow the Planning Commission flexibility if they require additional information on an item. Mr. Knight advised Mr. Lapin is trying to meet a deadline and this is the reason for the request. Chairman Grant questioned if the access problem has been settled. Mr. Chambers explained his proposal for the road. Mr. Knight reminded the Board that a decision, at this time, was not appropriate. Commissioner Williams moved as there is not a written policy the Board allow, in this particular instance simultaneous advertisement to occur. But the applicant realize the Planning Commission may deny this if they cannot get adequate information. Commissioner Troxel would not second the motion. Chairman Grant seconded the motion and declared the vote two in favor; Commissioner Troxel voting "no". Mel Atwell, County Engineer, advised that on June 30, 1980 a $63,000.00 letter of credit will come due .from Paul VanWinkle on Highland Meadows. But there is not a signed Subdivision Improvements Agreement for that amount of money. The Board needs to take action on if they want to redeem the letter of credit on June 30, 1980. Beth Whittier, County Attorney, explained the terms of the letter of credit. Commissioner Troxel moved to draw on the letter of credit. Commissioner Williams seconded the motion and the vote was declared unanimous by the Chairman. Doug Pilcher, Road and Bridge Supervisor, appeared to discuss the Dotsero project. He stated his present plan is to work on the project this week to straighten out the road. Whatever is not finished by that time will be postponed until the winter. The Road and Bridge crew is installing the railroad ties and back fill at this time. Jack D'orio County Agent, discussed the Array Corp project at the Fairgrounds. They have hauled in 900 loads of dirt. lot. Mr. D'Orio discussed the large projects that have been completed ie: arena, back entrance, rear parking Mick Kasher, Administrative Assistant, submitted a Supplemental Appropriation Resolution for the computer and the landfill compactor, These items were unable to get into the 1979 budget. Commissioner Troxel moved to sign the Resolution. Commissioner Williams seconded the motion and:the Chairman declared the vote unanimous. Mick Kasher presented a Resolution to establish a new mileage reimbursement rate for Eagle County effec- tive July 1, 1980. Commissioner Williams moved the Board sign the Resolution. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. 554 Proceedings of the Board of County Commissioners 24th day_ June ,__term 19 go 19 -- Beth Whittier, County Attorny, presented a Resolution to retain Gerrald E. Dahl as Special Council Resolution regarding any matters arising out of or in connection with Resolution numbers 80-25 and 80-34 which were entitled " Guidelines and regulations for areas and activities fo State interest, County of Eagle". Commissioner Troxel moved to approve and sign the Resolution. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. John Bergeson, representing Upper Eagle Valley Sanitation District, appeared to discuss the waiver on Upper Eagle the red flag action of the Upper Eagle Valley Sanitation District. Valley Chairman Grant stated everyone should be treated equally and a SUP is required on all construction Sanitation of this type. District Mr. Bergeson stated he does not feel there is a need for a SUP as all foreseen problems had been taken care of. Commissioner Williams moved a SUP is required for Upper Eagle Valley Sanitation District for their major sewer lines. Commissioner Troxel would not secondcthe motion. Chairman Grant seconded the motion and.declared the vote two in favor; Commissioner Troxel voting "no". There being not further business to come before the board this date the meeting was adjourned until June 25, 1980. A,h, �, Chairman r Attest:aaw,6�0 erk to the d i r Edwards Water District Su -119-79-P Fairwaye Green Zs -119-80 Berry Creek Metro District Proceedings of the Board of County Commissioners 25th day_ June ---term 19-80__. 555 19 This being the regular day for planning matters to be heard, the following items were presented, to wit: Beth Whittier, County Attorney, advised the County has received a petition to set a hearing for 3:00 P.M. on July 22, 1980, to hear the proposed Edwards Water District. Commissioner Williams moved to have a hearing for the Edwards Water District on July 22, 1980. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Preliminary Plan review of 22 units Location: Farmhouse Exception (Eagle -Vail Central) Tom Boni, Assistant Planning Director, advised the next item was the Fairwaye Green preliminary plan. This item was tabled at the May 28 meeting to allow the plan to relate accuratly to the boundary description of the parcel. Beth Whittier, County Attorney, gave her interpretation of the court findings as being: 1. Adjacent property includes Eagle -Vail Subdivision Finlings 1 and 2 2. The property shall be used for residential purposes either in a duplex or four-plex configuration 3. The structures thereon shall be architecturally of the same character as those other structures which are located within the second Filing of Eagle -Vail development plan. The Court did not order the Plaintiff subject to Eagle-Vail's Architectural Control Committee, unless he consented thereto. 4. The Court would not determine the precise density on said property since the authority to determine density rested with the County. The Court did state that from the testimony presented, density varied from 2.63 units per acre up to as much as 6.00 units per acre. The Court further stated that density could also be determined by deleting from Eagle -Vail those portions which were open space and were not used in the golf course, i.e. Tracts, A,B,C,D, and G consisting of approximately 80 acres. Stuart Brown, attorney representing applicant, stated Ms. Whittier's interpretation was acquarate. He explained his version of the Court's determination of the contract on density. Commissioner Troxel asked if the applicant has consented to conform to the Architectural Control guide- lines of Eagle -Vail. Stuart Brown advised the applicant is compelled by the Court's decision to limit the project to the same or similar architecture that now exists. Another step that could be taken is to formally adopt the Architectural Control Committee. Gordon Pierce presented the proposed project. He discussed the snow removal, impervious material, acreage, F.A.R., and set backs. Mr. Boni advised the Staff generally feels the number of units and the size of units are not appropriate for this parcel. The Staff recommends tbeapplication be tabled and resubmitted as 18 maximum units. Stuart Brown gave a rebuttal on the Staff's conclusion of density and gave his opinion of the acreage and density. Allen Brown, applicant, presented a group of photos taken from his property and explained his reasons for wanting to keep the number of units at 22-24. Dave Terrill, representing Eagle -Vail Homeowners Association, discussed the problems of density with 22 as being visibility, gross floor area between the units, commercial use of the site, actual compatibility and density. Commissioner Troxel stated he agrees with the applicant in there being different methods of determining density. The Board does have the prerogative to set the density. He does notknow if the Board should single out a particular parcel for down zoning. Chairman Grant stated he would like to see restrictions put on the deeds warning of dangers of -the golf course. Commissioner Williams stated he would like to see the applicant accept the .guidelines and covenants of Eagle -Vail and the Architectural Control Committee. He believes there should be a plat note indicating there may be a hazard from the golf course. If this item is approved there should be specific wording in the motion to limit the F.A.R. to 2500 square feet per unit. Commissioner Williams discussed off-site impacts and the access road on Deer Blvd. as not being adequate for the volume of traffic. Commissioner Williams moved Su -119-79-P be approved with the total number of units being 22. The applicant shall agree to the Eagle -Vail protective covenants and guidelines and the Eagle -Vail Architectural Control Committee. There will be a plat not identifying the possible danger of the golf course and/or landscape screening. Each unit will be 2500 square feet. The applicant will bring up to County standards a road that is County dedicated on the Eagle -Vail plat from Deer Blvd. to the suject property. Also the roads within the subdivision as identified in the application. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Special Use permit for 6 wells, 1 pump station, 2 raw water pump stations, ; million gal. water tank, 1 million gal. water tank, Charolais Dam and Reservoir, June Creek Dan and Reservoir, Howard Ditch, Howard -Winslow Ditch, water treatment facility, in a P.D. zone Susan Vaughn, Planner, advised the next item was the Special Use Permit for a subdivision at Edwards. This application is for a number of items relating to water and sanitiation. The SUP was tabled as the applicant was not present. Ms. Vaughn stated the Planning Commission recommended approval with the following conditions: 1. Visual impacts of all facilities be mitigated. 2. Landscaping be installed around water tanks and pump stations. 3. County review the permit next year to be certain all conditions have been met. Commissioner Troxel advised the main concern, of the Board, is revegetation of the cuts. John Plat, representing Berry Creek Metropolitan District, advised revegetation was done this Spring but the seed did not germinate. Commissioner Williams questioned who was responsible for checking the Reservoir and Dam. Mr. Plat answered it is the responsibility of the golf course superintendent. Commissioner Williams suggested Berry Creek accept liability for damage of the Howard Ditch. Commissioner Troxel moved Zs -119-80 be approved conditional upon: 1. Visual impacts be mitigated 2. Landscaping be placed around any obstacles 3. County review permit in one year to see if all conditions are being met. 4. Ditch problems concerning Howard Ditch be the full responsibility of the District. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. SPECIAL MEETING Present: Dale Grant Chairman Tom Boni Assistant Planning Director Dan Williams Commissioner" Susan Vaughn Planner Keith Troxel Commissioner Johnnette Phillips Clerk to the Board Beth Whittier County Attorney Mary Merkling C.S.R. 555 19 This being the regular day for planning matters to be heard, the following items were presented, to wit: Beth Whittier, County Attorney, advised the County has received a petition to set a hearing for 3:00 P.M. on July 22, 1980, to hear the proposed Edwards Water District. Commissioner Williams moved to have a hearing for the Edwards Water District on July 22, 1980. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Preliminary Plan review of 22 units Location: Farmhouse Exception (Eagle -Vail Central) Tom Boni, Assistant Planning Director, advised the next item was the Fairwaye Green preliminary plan. This item was tabled at the May 28 meeting to allow the plan to relate accuratly to the boundary description of the parcel. Beth Whittier, County Attorney, gave her interpretation of the court findings as being: 1. Adjacent property includes Eagle -Vail Subdivision Finlings 1 and 2 2. The property shall be used for residential purposes either in a duplex or four-plex configuration 3. The structures thereon shall be architecturally of the same character as those other structures which are located within the second Filing of Eagle -Vail development plan. The Court did not order the Plaintiff subject to Eagle-Vail's Architectural Control Committee, unless he consented thereto. 4. The Court would not determine the precise density on said property since the authority to determine density rested with the County. The Court did state that from the testimony presented, density varied from 2.63 units per acre up to as much as 6.00 units per acre. The Court further stated that density could also be determined by deleting from Eagle -Vail those portions which were open space and were not used in the golf course, i.e. Tracts, A,B,C,D, and G consisting of approximately 80 acres. Stuart Brown, attorney representing applicant, stated Ms. Whittier's interpretation was acquarate. He explained his version of the Court's determination of the contract on density. Commissioner Troxel asked if the applicant has consented to conform to the Architectural Control guide- lines of Eagle -Vail. Stuart Brown advised the applicant is compelled by the Court's decision to limit the project to the same or similar architecture that now exists. Another step that could be taken is to formally adopt the Architectural Control Committee. Gordon Pierce presented the proposed project. He discussed the snow removal, impervious material, acreage, F.A.R., and set backs. Mr. Boni advised the Staff generally feels the number of units and the size of units are not appropriate for this parcel. The Staff recommends tbeapplication be tabled and resubmitted as 18 maximum units. Stuart Brown gave a rebuttal on the Staff's conclusion of density and gave his opinion of the acreage and density. Allen Brown, applicant, presented a group of photos taken from his property and explained his reasons for wanting to keep the number of units at 22-24. Dave Terrill, representing Eagle -Vail Homeowners Association, discussed the problems of density with 22 as being visibility, gross floor area between the units, commercial use of the site, actual compatibility and density. Commissioner Troxel stated he agrees with the applicant in there being different methods of determining density. The Board does have the prerogative to set the density. He does notknow if the Board should single out a particular parcel for down zoning. Chairman Grant stated he would like to see restrictions put on the deeds warning of dangers of -the golf course. Commissioner Williams stated he would like to see the applicant accept the .guidelines and covenants of Eagle -Vail and the Architectural Control Committee. He believes there should be a plat note indicating there may be a hazard from the golf course. If this item is approved there should be specific wording in the motion to limit the F.A.R. to 2500 square feet per unit. Commissioner Williams discussed off-site impacts and the access road on Deer Blvd. as not being adequate for the volume of traffic. Commissioner Williams moved Su -119-79-P be approved with the total number of units being 22. The applicant shall agree to the Eagle -Vail protective covenants and guidelines and the Eagle -Vail Architectural Control Committee. There will be a plat not identifying the possible danger of the golf course and/or landscape screening. Each unit will be 2500 square feet. The applicant will bring up to County standards a road that is County dedicated on the Eagle -Vail plat from Deer Blvd. to the suject property. Also the roads within the subdivision as identified in the application. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Special Use permit for 6 wells, 1 pump station, 2 raw water pump stations, ; million gal. water tank, 1 million gal. water tank, Charolais Dam and Reservoir, June Creek Dan and Reservoir, Howard Ditch, Howard -Winslow Ditch, water treatment facility, in a P.D. zone Susan Vaughn, Planner, advised the next item was the Special Use Permit for a subdivision at Edwards. This application is for a number of items relating to water and sanitiation. The SUP was tabled as the applicant was not present. Ms. Vaughn stated the Planning Commission recommended approval with the following conditions: 1. Visual impacts of all facilities be mitigated. 2. Landscaping be installed around water tanks and pump stations. 3. County review the permit next year to be certain all conditions have been met. Commissioner Troxel advised the main concern, of the Board, is revegetation of the cuts. John Plat, representing Berry Creek Metropolitan District, advised revegetation was done this Spring but the seed did not germinate. Commissioner Williams questioned who was responsible for checking the Reservoir and Dam. Mr. Plat answered it is the responsibility of the golf course superintendent. Commissioner Williams suggested Berry Creek accept liability for damage of the Howard Ditch. Commissioner Troxel moved Zs -119-80 be approved conditional upon: 1. Visual impacts be mitigated 2. Landscaping be placed around any obstacles 3. County review permit in one year to see if all conditions are being met. 4. Ditch problems concerning Howard Ditch be the full responsibility of the District. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. 556 Proceedings of the Board of County Commissioners 25th day June term tg 80 Request: Zone change for 15 acres from Resource to Rural Residential Location: li miles north of Eagle on the east side of Eby Creek Road, Parcel #1 of the Kelly Sub Exemption Susan Vaughn, Planner, advised the next item, a zone change request from an applicant who has purchased property in the Kelly Subdivision. This land was exempt from the rest of the subdivision and divided into parcels. The request is for rural residential zoning to be applied to a portion of this parcel. The Planning Commission and Staff recommend approval. Commissioner Troxel moved Zc-128-80 be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: Preliminary Plan review of 42 units Location: Western end of the Valley P.D. (Lion's Ridge Subdivision) Tom Boni, Assistant Planning Director, advised the next item was a revision of the Valley Phase VI. This is a request for 42 dwelling units to be constructed in the west end of the Valley. Craig Snowden, Architect on the project, gave a brief history of the number of units and the square footage of the units. He stated they are basically proposing a townhouse concept. Mr. Boni advised the Planning Commission recommended approval of this plan on May 7, 1980. At the same time the Staff asked for additional engineering drawings for the retainage and a consideration for a single access. The Staff also recommended a minimum of a 30' radius. Mr. Boni read a letter from the Town of Vail in favor of the general layout of the project and concerni the steep slopes. Mr. Boni advised the Staff's position on the steep slope issue is that the original plan approved considerable more units. The revised plan is an improvement. The Staff recommends approval of this site. Commissioner Troxel asked Mr. Snowden how the applicant intends to apply the engineers recommendation of 30' curve radius. Mr. Snowden feels the applicant would comply with the recommendation if the County wants 100' of asphalt at the entrance. Commissioner Troxel moved Su -114-80-P3 be approved with the condition 30' curve radius be established at all intersections unless waived by the County engineer. In discussion Commissioner Troxel reaffirmed there will be a Subdivision Improvements Agreement done at the next stage. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: Final Plat review of 83 lots in Residential Low Density, Resort Commercial and Resort Service Districts. Location: Block 2, and 3, Tract A, Block 2, Tract F Block 1, Tract I Block 2, Tract J, Tract M, Beaver Creel Tom Boni, Assistant Planning Director, advised the next item was the final plat review for Beaver Creek Phase 4 consisting of 83 units. Mr. Boni pointed out the location and discussed the items to be located on each Tract. The Planning Commission reviewed this item at their last hearing and recommended approval with the condition a plat note be added referencing the transfer of dwelling units that Beaver Creek has been allowed to accomodate in thier planning. Phil Ordway reminded the Board there has been no changes made to the plat, just an accidental ommissioi by the people preparing the plat. Mr. Boni stated, in reviewing this item the Staff felt it advantageous to address the master plan's definition of each zone. The County Attorney has advised according to the Master Plan the County is assured of a zone which cannot be changed without Vail Associates doing it through a public process. Mr. Ordway explained a paragraph to be added to the sale contract. Kevin Conwick, Council for Vail Associates, read the paragraph to be added to the sale contract disclosing to the purchaser that he must contact Eagle County regarding zoning regulations. Mr. Boni advised the Staff recommended approval with the commitment to make the disclosure in the sale contract and declaration. Commissioner Troxel moved Su -100-80-F4 be approved conditional upon the agreement with the County and applicant of disclosure being placed on the sales contract and general declaration. After discussion Commissioner Troxel withdrew his motion because the plat could not be signed with the conditions in the motion. Commissioner Williams moved Su -100-80-F4 be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams moved Vail Associates and the -County of Eagle agree to add wording to Vail Associates declaration and!contract of sale noting there is applicable County zoning and the County Attorney review it before the Board signs it. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Erik Edeen, Health Officer, advised the County had agreed to take over the issuance of open burning permits. There was a meeting scheduled with Beaver Creek but they cancelled, Mr. Edeen stated Beaver Creek has made some commitments for disposing of solid wastes. They have done a feasibility study and eliminated their central incinerator. Beaver Creek now chooses to bring the waste to the County landfill or open burn it. They feel it can be burned in air current distructors. The State Health Department of Air Quality have some concerns as to the effectiveness of the air current distructors. Mr. Edeen advised this needs to be reviewed and determine what is to be burned before the issuance of a permit. Phil Ordway discussed the elimination of the central incinerator. Request: Final plat review of 7 units Location: Lot 1, Block 5 Vail Intermountain Subdivision Tom Boni, Assistant Planning Director, advised the next item was the final plat review for Creekside Associates. Mr. Boni advised the preliminary plan of this project was approved with certain parking arrangements. The Planning Commission recommended denial of the final plat because the revised designed parking structure was not acceptable. One of the problems was the continuous curb cut existing with this type of arrangement. The Planning Commission recommended the application be denied and reapply with a revised plan. Mr. Boni advised the Staff originally recommended approval until he attended the Planning Commission meeting and discovered the amount of negotiations that had taken place. There were concerns of the amount of grading done into the stream. Susan Vaughn, Planner, explained the possible solution of moving the park. Commissioner Troxel recommended tabling this item to allow the applicant time to cure the continuous curb cut. Commissioner Troxel moved Su -103-80-F be tabled for 30 days until July 30, 1980 to allow time for the applicant to straighten out the recommendation by the Planning Commission that the continuous curb cut be eliminated. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Zc-128-80 Thompson, Yeike, Hesseltime Su -114-80-P3 Valley Phase VI Su -100-80-F4 Beaver Creek Phase 4 Open Burning Permits Su -103-80 Creekside Associates Proceedings of the Board of County Commissioners_? 5 _t6 day June term 19-8o 051 19 -- Sm -181-80 I Request: Legal establishment of 5 lots on 28 acres So. Scottsville, Location: Area known as Scottsville, North of I-70 at Edwards Interchange Tom Boni, Assistant Planning Director, stated the next item is the minor subdivision of South Scottsvill near Edwards. This is a pre-existing use in regards to the number of units on the acreage. It was done after suvdivision but before zoning. Mr. Boni stated the Planning Commission recommended approval of the minor subdivision to legally estab- lish five lots with the condition a 50' easement be extended where a plat presently shows a 25' easement. Mr. Boni advised after much discussion the Staff derived the following recommendations: 1. Through the subdivision process the County look at access to adjacent properties and make certain to not create potential problems. 2. A road up to County standards be constructed on the south side of the property. 3. Water rights ( have been taken care of) 4. Roadway Improvements discussed In conclusion the Staff recommends tabling this item to answer these.problems. Discussion followed on the 50' easement. Commissioner Williams asked if the ownership of the lots is held by one person. Joseph Goodier, owner of a lot, stated there are several owners. Mr. Boni stated the Staff views this project as a new subdivision. The roads should be improved and the extension of access should go to the western property line. Ken Long of Johnson and Kunkel explained this is only a legalization of existing parcels. Commi.ssioner Williams discussed the legalization of the lots and the upgrading of the road. Mr. Goodier advised the property owners intend to upgrade the existing road and right-of-way but not to pave it. Commissioner Troxel moved Sm -181-80 be approved but not signed by the Chairman until a 50' access ease- ment is shown on the plat to be provided to Lot 4 and an Improvements Agreement be drawn up stating what the applicant intends to do concerning construction of the road to the north. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Sm -183-80 Request: To subdivide a duplex lot Thomas Maron Location: Lot 79, Block 1 Eagle -Vail #2 Tom Boni, Assistant Planning Director, advised the next item is the Thomas Maron minor subdivision. This item has been recommended for approval by the Staff. 'Commissioner Troxel moved Sm -183-80 be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Sm -184-80 Request: To subdivide a duplex lot Cleveland Location: Lot 3, Whiskey Hill Heights Tom Boni, Assistant Planning_Director, stated the next item was the Cleveland Heights minor Subdivision. The Staff recommends approval of this item. Commissioner Troxel moved Sm -184-80 be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Sm -185-80 Request: Tp subdivide a duplex Pheasant Court Location: Lot 27 Block 4, Eagle -Vail ..Duplex Tom Boni, Assistant Planning Director, stated the next item was the Pheasant Court Duplex. This item is recommended for approval by the Planning Staff. Commissioner Troxel moved Sm -185-80 be approved. Commissioner Williams seconded the motion and ..the vote was declared unanimous by the Chairman. Sm-186-80Request: To subdivide a duplex lot Deer Blvd. Location: Lot 78, Block 4, Eagle, Vail Duplex Tom Boni, Assistant Planning Director, advised the next item was the Deer Blvd. Duplex. The Staff recommends approval of this minor subdivision. Commissioner Troxel moved Sm -186-80 be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Sm -188-80 I Request: To subdivide a triplex Vail Wilderness Location: Lot 11, Block 9 Vail Intermountain Townhouses Tom Boni, Assistant Planning Director, advised the next item was the Vail Wilderness Townhouses. The Staff recommended approval of this item. Commissioner Troxel moved Sm -188-80 be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Lake Creek RoadChairman Grant advised the Board was going to open the bids for the Lake Creek Road at this time. Bids The first bid was from Troxel Construction Company of Carbondale, Colorado. The total bid price was $183,009.20. The second bid was from Molleur Construction Company of Leadville, Colorado. The total bid price is $202,730.00. Commissioner Williams moved to take the contracts into consideration not to exceed the end of this hearing. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Su -130-79-S Request: Sketch plan review for 174 units on 32 acres. Eagle Bend Location: Between the Denver and RG Railroad and the Eagle River south of Tract B in Eagle -Vail Sketch Plan Tom Boni, Assistant Planning Director, advised the next item was the Eagle Bend sketch plan. This area is zoned Residential Suburban Medium Density. Guy M. Gregg, co -developer of Eagle Bend, explained the proposed project. Mr. Boni discussed the density and the formula for determining it. This plan is in excess of the allowable density. This is a better product thatn the original but the density is still a problem to the applicant. Mr. Gregg advised he has reviewed the tapes of previous meetings and at the time the application was made the applicants were under the impression they were under the old regulations which is 5.44 units per acre. Mr. Gregg read excerpts from the previous meeting concerning density. Mr. Boni stated Mr. Gregg was aware he had been granted a zone change and no number of units were determined. Beth Whittier, County Attorney, gave her legal opinion as being that the regulations in effect at the time of the building permit issuance are the ones that apply. This does not take into consideration any policies the County may have. Commissioner Troxel advised the Board has honored proio applications and in this particular issue the Board should allow the applicant to proceed under the regulations prior to the application in the zone change. The Board concurred this application was under the old regulations when they applied for the zone change Mr. Gregg stated there were previously concerns of density and amenities which the applicants feel have been resolved. 558 Proceedings of the Board of County Commissioners 25th day June term 19 81 — _— 19 Mr. Boni stated the Staff has no problem with the presentation and gross layout. The density and number of units are the key factors. it Jeff Spenella advised the difference between the 50' and the 70' right-of-way is not an issue that will be fiddicult to incorporate. Discussion followed on the units being closer together because of the collector status of the road. Mr. Spenella stated the applicants do not feel they need a 12' drainage ditch on the north side of the road. Commissioner Troxed recommended there be a 70' right-of-way unless the County Engineer agrees with the drainage proposal and would agree to 60' being adequate. The Board concurred. The Board agreed they did not like variances. Commissioner Williams discussed the road impacts and gave suffestions for set backs from the railroad tracks. He suggested making a plat notation to advose people of the noise from the trains. Mr. Spenella stated the applicants intend to put up a sound barrier to mitigate the sound. f� The Board concurred they had no further questions and thanked Mr. Gregg and Mr. Spenella for appearing. Mr. Isabell of Isabell & Associates appeared in regards to the bids on the Eagle County Airport. The bids were opened and presented as follows: Corn Construction - $461,487.00 Flat Iron Construction $443,406.30 Peter Kewitt & Sons Construction $492,879.10 Commissioner Troxel moved to take these three bids according to the consulting engineers examination and have them report back to the Board July 7, 1980. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: Subdivision of 28 lots in the RR zone Location: Tracts 99 and 101, Section 20, 29 T5S, R85W Tom Boni, Assistant Planning Director, advised the next item was the preliminary plan review for Hardscrabble. Mr. Boni advised this project received a rural residential zoning approximately one year ago. This application is for 28 homesites. Dave Grounds, representing the applicants, eg.plained the subdivision is composed of 165 jointly owned acres. The building sites were chosen and then the lot lines were drawn. Mr. Grounds advised the Town of Gypsum has agreed to supply the water. Discussion followed on the right-of-way, utilities, landscaping, and the covenants. Mr. Grounds stated the applicants feel they have adequatly addressed all concerns and request approval of the preliminary plan. Mr. Boni advised the Planning Commission recommended approval of the preliminary plan but requested the following be done by the developers at final plat stage: 1. Agree to pavement of road systems including both access roads to Gypsum Creek Road 2. Agree to the construction of amenity package and the provision of revegetation of disturbed soils 3. Water system design must be compatible with Gypsum's water supply system 4. Investigate the need for additional pavement width of access point to subdivision from Gypsum Creek Road. 5. Provide information concerning right-of-way width along Gypsum Creek Road and make dedication along Hardscrabble property 6. Plat restrictions to include engineered design septic and foundation Mr. Boni discussed the previous conditions made by the Board of County Commissioners at sketch plan approval. The Staff has been on the site and will confirm the location of the building sites. The Staff feels there should be a note on the plat requiring certain types of revegitation as there are some difficult soils in this area. The Staff recommends approval with the condition of a plat restriction and a Subdivision Improvements Agreement to include road system standards. Dave Grounds addressed the water system, road standards, and the Gypsum Creek Road right-of-way. Pete Nolan, local resident, stated he is concerned about cloud bursts in the area and the flooding of the gulches. He questioned the adequacy of the Gypsum water system and if the people would be able to get adequate water pressure. Chairman Grant stated a pump on a domestic city water system has never been allowed. He suggested checking the regulations. Mr. Boni advised the Division of Water Resource has written the County requesting additional information on the Town of Gypsum Water Supply Plan. Keith Brent, land owner, discussed his water situation as using wells and not being on the Gypsum water system. He asked if he could tap on to the water systems. He complained about the road and requested there be some consideration given to the area property owners. Commissioner Troxel summarized the Staff's conditions as being: 1. A Subdivision Improvements Agreement to include a combination of mountain and collector roads. 2. Accelleration and decelleration lanes with turn lanes at the descretion of the County Engineer 3. Sizing of culvert should be enlarged. 4. Plat restrictions regarding: a.) engineered foundation design b.) enfineered septic system c.) revegitation plan conforming to preliminary plan plant list Commissioner Troxel moved to approve Su -116-80-P with the conditions listed above. Commissioner Williams seconded the motion and asked for discussion. Mr. Brent questioned culverts for the drainage of the ditch. Commissioner Troxel explained the portion of the motion on the road standards would include the culverts. Commissioner Williams advised the total liability to provide water is the Town of Gypsum's when they issue water taps. Commissioner Troxel moved to include as a follow up to the prior motion, a condition that no building permits be issued until the Division of Water Resource submits a report on this particular subdivision stating there is adequate water in the Town of Gypsum for this particular development. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Susan Vaughn, Planner, stated the next item is a determination of what sanitation facilities are to be made for Crown Mountain Estates. Tom Boni, Assistant Planning Director, advised when this application was submitted for a minor subsivi- sion the Staff had received letters from Lou Ladwig of Geological Survey and from the Local Soils Conservati Service indicating potential ground waste pollution. Mr. Boni advised there is a plat restriction requiring Evapo Transporation Systems. Isabell & Assoc. Su -116-80-P Hardscrabble Crown Mtn Estates Proceedings of the Board of County Commissioners 25th day June __ term 19 so Dowd Junction/ Gail Newman Planters of Vail Homestead MHP Seago MHP School District Eagle River MHP Forest Service MHP Building Resolution Resolution Dowd Junction Bldg. Contract k. 559 19— Valerie Britt, applicant, advised she has applied for a building permit. She had an engineer do a study to design an Evapo System. The bids received were between $8,000.00 and $10,000.00. The regular system would only be $2,000.00. The engineer did not think the Evapo Transporation System would be an effecient system in this area because of the nitrate levels in the soil. Commissioner Troxel suggested adking the State of Colorado to re-evaluate their tests. If they change their minds and state there is no problem of ground water the County could change their minds about the E.T. System. Commissioner believes everyone should honor what it says on the plat. If the applicant wants any changes it should be re-examined to determine if the engineered system can be put on and then lift the plat restriction. The Board cannot arvitrarily ignore the plat restriction. Ms. Vaughn suggested the land owners get together to request a lifting of the plat restriction. Mr. Boni explained the process of getting approval from the State. A letter would have to be submitted to the Staff explaining why the Evapo Transporation System is not appropriate based on engineering factors in that area. The Staff eill forward this letter and the appropriate report to the State Geology Department and wait for a response. Susan Vaughn, Planner, advised the next item was a request from Gail Newman for a number of items. Mr. & Mrs: Newman have a development at the Eagle -Vail Commercial Center at Dowd Junction. Ms. Vaughn advised the applicants have been issued a building permit based on a previously granted exemption. The applicants are requesting to amend the plan for the exemption and the vacation of the sewer easement. Ms. Vaughn presented a letter from the Eagle -Vail Metropolitan District stating they have no problem vacating the sewer easement. Ms..Vaughn recommended the Board put on record they allow the amendment to the site plan for the exemption and agree the site plan is suitable. Commissioner Williams moved the final plat will reflect easements where the sewer had been built and approved by Eagle Valley Metropolitan District. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Susan Vaughn, Planner, stated the next item was the renewal of a Special Use Permit for Planters of Vail Ms. Vaughn advised this item was not renewed at the annual review because Mr. Jones, manager, did not have access or a lease to the property he was using. All of the documentation in the original SUP referred to one year only. The Staff has received letters from Morrie Nottingham and W.E. Nottingham Jr. giving permission for Mr. Jones to lease the property and have access. The Staff recommends this be renewed. Commissioner Troxel moved to renew the SUP for Planters of Vail. Commissioner Williams seconded the motion and the Chairman declared -the vote unanimous. Susan Vaughn, Planner, advised the next items were mobile home park licenses that were previously tabled. The Homestead mobile home park was tabled because the Staff had not received an application. Ms. Vaughn advised the application has been submitted and the Staff recommends approval. Commissioner Troxel moved to approve the license for the Homestead MHP. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Ms Vaughn stated the Seago MHP license was tabled because there was no application and there were concerns about the road. Ms Vaughn advised the road leading to the site has been gravelled by the Eagle Sanitation District. The applicants have submitted an application which the Staff has reviewed. Erik Edeen, Health Officer, advised there are some electrical problems at this site. Commissioner Troxel mobed the Seago MHP license be approved conditional upon completion of the electrical work. Commissioner Williams seconded the motion and the Chairman declared.the vote unanimous. Ms. Vaughn advised the Staff has reviewed the following conditionally approved mobile home parks and all conditions have been met: 1. Lone Pine MHP 2. Hoagland MHP 3. Cross Creek MHP 4. Avon Station MHP 5. KOA Kampground nka Cliffside MHP Ms Vaughn advised the School District MHP still has not complied wiht the condition of replacing numbers. Ms Vaughn advised the Eagle River MHP license has been denied and will be taken up at the public hearing of July 30, 1980. Ms. Vaughn advised the Forest Service mobile home park cannot legally give money to the County for a license. Ms. Vaughn read a letter from Ernie Nunn, Forest Service, requesting to waive the fee. Commissioner Troxel moved to waive the fee for the Forest Service as they are exempted by Federal regulations. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Susan Vaughn, Planner, presented the official copy of the Building Resolution for the Board's signature. The Board signed the approved official copy of the Building Resolution. Beth Whittier, County Attorney, presented a previously approved Resolution regarding the Energy and Natural Conservation Award for the Board's signature. The Board signed the Resolution. Mick Kasher, Administrative Assistant, presented a contract for the completion of the Dowd Junction building. Beth Whittier, County Attorney, advised the Board of her concerns regarding this contract. She advised this is not a formal contract. It was taken berbatum from the proposal submitted by George Rude. Mr. Rude has submitted a special deposit of $9,000.00 which the bank has signed. This is in a trust fund of $12,000.00 payable to George Rude in care of his children. Commissioner Troxel moved to sign the contract. Commissioner Williams seconded the motion and the Chairman declred the vote unanimous. 560 Proceedings of the Board of County Commissioners 25th day June term 19 Bo _ 19 Beth Whittier, County Attorney, advised she had previously presented a letter to the Board from Terry Quinn concerning litigations between the Morgans and Albertsons. Ms. Whittier advised the statutes have been amended to state any Quiet Title Action before the Court which involves subdivisions of land by Court order have to be brought before the County. The County has the right to intervene if they deem it necessary. Commissioner Williams,:moved to sign the letter stating the County has no problem with this item. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Discussion was held on the two bids for the Lake Creek Road. Commissioner Williams moved Troxel Construction of Carbondale be awarded the bid for the Lake Creek Road for the total sum of $183,009.20 and that it be made clear to the contractor there will be no extras paid by this Board for the project. Chairman Grant seconded the motion and declared the vote two in favor; Commissioner Troxel abstaining. Chairman Grant presented the Cost Allocation Plan prepared by Dan Hardy and Associates. Commissioner Troxel moved the Chairman sign the Cost Allocation Plan. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. There being no further business to come before the Board this date, the meeting was adjourned until July 7, 1980. Attest: CYerk to the BoaNV Quiet Title Actions Lake Creek Road Bids Cost Allocation Plan 561 Proceedings of the Board of County Commissioners 7th day JULY __term 19-n- 19_ REGULAR MEETING GENERAL FUND General Fund Present: Dale Grant Chairman Beth Whittier County Attorney 312.87 Dan Williams Commissioner Johnnette Phillips Clerk to the Board Smead file Pocket Keith Troxel Commissioner Mary Merkling C.S.R. Intergovernmental Motor Pool Mick Kasher Assistant Administrator News Advertisement 57.00 The following bills were examined, approved, and warrants drawn on the proper funds for the same in Desk Drawers full payment thereof: Commercial Office Products 2 Hon Files, Rule Book 929.35 GENERAL FUND General Fund Payroll $ 92,747,22 Xerox Corporation April Xerox copy change 312.87 H.R. Meininger Co Humidifier 7.66 Top Drawer Smead file Pocket 277.93 Johnson and.Kunkel County mapping 1,428.77 Intergovernmental Motor Pool Mileage for May 130.20 News Advertisement 57.00 Board of Land Commissioners State Land Purchase 1.15 Adirondack Desk Drawers 27.00 Commercial Office Products 2 Hon Files, Rule Book 929.35 3M Business Products Film and Film Processing 115.20 C.F. Hoeckel Supplies 148.83 Eagle Valley Enterprise Legal Ad 616.60 Business & Office Supplies. Service Typewriter 117.25 A T D -American Card File 1,032.85 IBM Corp Two Selectric typewriters 2,019.60 Kistler Kwill Office Supplies 1.48 Kockmont Envelope Civil Service process envelopes 130.62 Raymond the Printer Master Index Cards 32.00 Phillips Petroleum Co Gas charges 264.49 Basalt 66 Servixe Headlight Gas fillup 35.57 Collett Enterprises Inc Gas 1,986.79 Protectors, LTD Polygraph Services 210.00 Eagle Valley telephone Phone Bill 421.23 Larry Mclaughlin Transporatation,Lodging Meals 307.12 Eagle Valley Conoco Tire repair- 23.10 Mechanics Towing charges 144.50 Eagle Computer Systems Programming 1,522.50 Jubert N. Peterson Travel 452.71 Sargent -Sowell, Inc Handsoap dispenser 2014 Beasley's Super Foods Food for Jail 438.79 Eagle -Vail Linen Supply Linen Service 158.03 Loaf 'N Jug Food for Prisoners 6.44 Douglas R. Ore Guard Service 1,544.00 Joyce M. Swanson Blood Alcohol Test 30.00 Glenwood Medical Medical Bills 255.15 Gerald J. Fedrizzi DMD Dental Bill 18.00 Valley View Hospital Hospital Bill 1,022.10 Colorado Psychotheraphy Center Hypnotherapy for Jim Cidiantek 250.00 Daniel A. Packer Travel Expense 15.34 Nancy Biven Drinks for firefighters 10.00 Eagle County Sheriff's Office Tow Services 15.26 Office of District Attorney %2 of 1980 budget for payroll 5,891.58 AMACOM Devision Computer Fundamentals Cassette 120.00 Glenwood Post Notice of Public hearing 35.96 Vail Trail Legal Notices 18.64 Colorado State University 170 Pamphlets 51.00 Monroe County Insurance Rodeo Insurance for Eagle County 190.00 D.W. Wenck & Son 12 Trophy Buckles 757.80 Allen Insurance Agency Insurance renewal Airport 1,813.00 Animal Control Garbage and Gas 29.28 Buckeye Gas Products Propane to heat animal shelter 176.40 First Bank of Eagle County Payment on 1980 Jeep Pkup• 205.68 Road and Bridge Gas Consumption 594.17 Holland Auto Parts 91.98 Wang Laboratories Travel Time 232.00 John A. Graves Mileage to airport 55.45 Printery at VAil Business Cards 44.00 Dailey Sentinel Lake Creek Road bid Advertising 30.96 Carole Ann Beck Physical Therapist 37.60 Colorado State Treasurer Unemployment Insurance 582.12 Coca-Cola Bottling Co Pop Machine 91.00 American Paper Division Serographic Paper 481.60 Rio Grande Motor Way Freight charges 53.2.7 U.S. Industrial Directory Industrial Directory 60.00 I Research Institute Research Recommendations renewal 39:72 U.S. Postal Service Box rents 103.00 Eagle County Clerk & Recorder Bulk Postage for Assessor 832.35 Denver Post Ad, Crime Prevention Officer 179.24 Turf and Trail Equipment Tire for Lawn mower 29.00 Town of Basalt Rent, Janitorial services, Utilities 1,100.00 McLean Trucking Co Freight charges 28.15 Reproduction Specialities Lettering 47,26 Aspen/Pitkin Planning Office L.U.C. Book 18.00 Wright -McLaughlin Water and Sewer Master Plan 11,530.80 Mountain Services Postage Tape 14.95 Thomas Boni Travel 98.33 Mile High Engineering File Cabinet 363.00 New Age Council Pre -registration for Earth Sheltered Conf. 100.00 First Bank of Eagle County June Payment for bldg Inspections 653.38 Franklin & Assoc Progress Payment 1,959.15 t D. & E. Towing Towing 118.75 5pp�f.'`.'a�a V Proceedings of the. Board of County Commissioners 7th day Jui) _____term 19 8o 19 -- West Vail Texaco Towing $ 105.30 Interstate 70 Towing Towing 120.00 Supplies Unlimited Tool Box 18.00 Pete Honnen Equipment Invoice 31078 149.66 Town of Carbondale Sanitary lanfill reimbursment 7,423.00 Sun Tech Builders Refund of Bldg permit 440.50 Home Security Life Insurance Overpayment on Extension 30.00 Craig Colby Unused Accrued Vacation 1,652.80 Virginia P. Holmes Unused accrued vacation 309.73 Kendra E. Homes June wages 870.00 Mary C. Waringa Unused accrued vacation 41.90 Norma J. Anderson June Wages 982.00 Robert Ashley June Wages 1,250.00 James L. Boni June Wages 913.00 James Dillon June Wages 1,100.00 Byron S. Donajue June Wages 1,100.00. Gabriel Fajardo June Wages 1,100.00 Alan Hart June Wages 1,100.00 Mavis J. Helms June Wages 270.00 Duncan J. MacDonald June Wages 1,100.00 David Manning June Wages 798.51 Keith McAdams June Wages 1,100.00 Larry McLaughlin Unused Accrued Vacation 528.62 Daniel Parker June Wages 1,100.00 Randy Parker June Wages 1,100.00 Santiago Prerx June Wages 1,100.00 Daniel Sparkman June Wages 1,250.00 Douglas Rider June Wages 1,100.00 Phyllis J. Robison June Wages 887.00 Robert W. Shelton June Wages 641.35 Ernest C. Simon June wages and Accrued vacation 719.90 Kathy Shoup Weed and Pest Control Contract services 921.25 Eagle County Treasurer FICA taxes withheld 5,685.34 Eagle County Treasurer DICA taxes withheld 1,402.13 Blue Cross/Blue Sheild Health care 7,223.01. Rocky Mountain Life Insurance Premiums 342.60 Intergovernmental Motor Pool Mileage 113.34 Stuart Satsky Travel 80:78 Ella T. Bindley Travel 24.20 3-M Products Supplies 373.59 Raymond the Printer Envelopes & memorandums 379.85 Jan M. Carney Reimbursement for typewriter repair 7.50 C.F. Hoeckel Election Supplies 451.89 Johnnette Phillips Travel 67.94 NCR Corporation Parts and Labor on cash register 233.75 Mary J. Merkling Commissioner Meetings 385.00 Dale F. Grant Travel 471.98 Dan Williams Travel 79.78 Donna Meineke Travel 478.10 Commercial Office Products Supplies 195.74 Sir Speedy NCRC Crime reports 189.75 Collette Enterprises Gas 2,157.52 Robert S. Ashley Travel 46.00 Gabriel Cruz Fajardo Transportation of prisoner 16.55 Deith H. McAdams Transportation of prisoner 21.20 Dick Wheeler, Inc Services 626.48 Vail Auto Supply Patrol Car repair 47.34 IBM Supplies 682.20 Gart Brothers Sporting Goods Cross Country Ski Equipment 302.25 First Bank of Eagle Loan payment 2,348.45 Hubert N. Peterson Travel 46.62 Huber N. Peterson Redemption of Tax sale certificate 1,212.89 Routt Co. Sheriff's Dept. Extradition 165.08 Eagle Community Ambulance Ambulance service 196.00 Charles H. Martschinske Prisoner Board 975.00 Kier Laboratories Blood Analysis 165.00 Eagle Volunteer Fire Dept Garage Rent 150.00 Beth A. Whittier Travel 77.78 International City Management Assoc Invoice 051997 29'00 Michael J. Kasher Travel 119.67 Charlette Pascuzzi Travel 20.72 Glenwood Post Planning Comm Zoning Res. 32.48 Eagle Valley Enterprise Invoice 6152,6129 109.74 Curtis Swift Visiting Horiculerest 36.64 Jack D'Orio Travel 362.00 Judith Rude Travel 87.84 Mary Bernhardt Travel 55.25 Karen Crane Advnace money for trip 56.00 Kathy Shoup Travel 198.38 Dailey Journal Invitation for bids 104.88 Holy Cross Electric Electricity 846.65 Pete Shearwood Removal of damaged fence airport 330.00 Continental Divide Fence Animal Cage for bed of pkup 317.76 General Foods Corp Gaines cycle 2 dog food 530.00 Hometown supply Supplies 185.24 Daniel E. Jones D.V.M. R.U. 14.00 Jean Green Long distance calls 20.76 Town of Carbondale Board for dogs 430.00 Jefferson Bank & Trust Lease Payment 210.54 First Bank of Eagle Payment 205.68 Mechanicx State inspection sticker 5.50 National Data Processing Computer index cards 265.47 John A..Graves Socket Set 22.10 Eagle Computer Services RMS Software 1,500.00 Proceedings of the Board of County Commissioners 7th day Jul term 19_80 563 19__-_ TOTAL-------------------------------------------------------------------------------------------- $131,567.51 ROAD AND BRIDGE FUND Oncomputing 4 Issue subscription $ 8.50 Payroll $ 36,104.94 W.W. Grainger, Inc Air conditioner 408.58 Municiple Investment Down payment on Lease Program Melton E. Atwell Travel 33.17 Minuciple Investment Claude L. Gerard/ Travel 127.96 32,264.40 George H. Wear Travel 10.36 Travel 22.26 Mountain Bell Phone Bills 277.49 Yampa Valley Electric Electricity Eagle County Nursing Postage 17.47 Eagle Electric Eagle County Nursing Postage and Eagle Vail Linen 23.23 145.00 Margie Gates Travel 146.06 Lease payment 204.77 Hazel Jiggins Travel 5.00 ATD-American Five Woodside armchairs Jame Merritt Travel 42.10 Lincoln-Devore Testing Helen Molcsan Travel 35.24 248.00 Nettie Reynolds Travel 16.94 13 rolls woven fabric 4,615.00 Cecilia Schmidt Travel 7.50 Colorado Department of Revenue Application for inspection certificate Vail Valley Medical Center Office rent, xerox copies 486.70 Petty cash Jane Merritt Workshop emergency care 18.00 44.55 Hughes Plumbing & Heating Dishwasher repair 250.35 Gas 16.40 Raymond's.Office Supplies T.I. Thermal adding tape 31.94 Collett Enterprises Service Butler Paper Xerographic paper 188.72 Valley Tire Co Coca Cola Bottling Coke machine 183.50 1,297.80 Colorado Municiple League Salaries and Fringe benefits survey 25.00 Four loads coal mix 1,837.02 Craig T. Colby Travel 9.24 M.R. Contractor Final Construction on Dowd Jct, Bldg Rosey Capedieci Travel 34.86 Johnstone Supply Eagle Telecommunication Telephone charge 4,338.92 57.65 Pitney Bowes Postage Meter rental 78.00 Tape & locks 18.80 News Classified ads 5.10 Air Rentals, Inc Hi Pro Flex pins Eagle County Trash Co Trash service 393.80 Basalt 66 Boise Cascade Fairground material 2,888.51 8.50 Hoe and Grow Weed Eater 139.36 Service parts 26.75 Elbert Baldrey Travel 1.96 Mountain Electric Angle Plug Eagle Sanitation District Sewer Services 165.00 Mechanics Town of Eagle Trash & Water service 1,020.00 16.50 Rocky Mountain Natural Gas Utilities 450.99 Hi Brade Electrode 336.64 Eagle Electric Electrical upgrade 567.03 Valley Gas and Welding Supplies Alpine Glass & Mirror Jail window replacement 3,880.00 Johnie Vaughn Excavating Planners Bookstore Planning Comm. booklets 35.00 1,726.00 American Planning Planning booklets 325.00 Penthe Holland Hitch 150.04 Lynde 0. Gilliam Caoacity study 510.00 Big "R" Manufacturing Invoices 33504, 33670 Thomas Boni Travel 25.20 W.F. Stevens Susan S. Vaughn Travel 66.55 2,165.00 James Williams Travel 46.20 Supplies 1,275.58 Meating Place Meals for Planning workshop 79.10 Building Dept, Inc Invoice 034-80 525.00 Ed Hammer Electrical inspection 596.57 Terrill Knight Travel 107.24 Touchstone, Inc Erergy award medellion 740.00 Erik Edeen Travel 33.08 Jo Ann Deighan Travel 34.25 Erik Edeen Travel 32.49 D & E Towing Towing• 156.25 Glenwood Toilet Rentals Invoice 03455 55.00 Pete Honnen Equipment Invoice 31515 57.34 Lucile Leiber Travel 211.67 Pearl A. Henderson Mileage for Council on Aging 88.48 Virginia Rose Mileage 117.42 Lucile Leiber Reimbursement of purchase of typewriter (78.30 Northwest General Contracting Refund of Temp. Electrical fee 12.00 Construction Refund of overcharge on Bldg permit Application 222.75 (Coughlin Nettie Reynolds Unused Accrued vacation 758.40 I TOTAL-------------------------------------------------------------------------------------------- $131,567.51 ROAD AND BRIDGE FUND Road and Bridge Payroll $ 36,104.94 Municiple Investment Down payment on Lease Program 33,300.00 Minuciple Investment Payment 32,264.40 K.F. Arnold Travel 22.26 Yampa Valley Electric Electricity 144.94 Eagle Electric Emergency electrical repair 145.00 Dick Wheeler Lease payment 204.77 ATD-American Five Woodside armchairs 292.50 Lincoln-Devore Testing Lake Creek Bridge project 248.00 Caleanese Construction Fabrics 13 rolls woven fabric 4,615.00 Colorado Department of Revenue Application for inspection certificate 10.00 Petty cash Bus Freight, Storage, gas 44.55 Eagle Valley Conoco Gas 16.40 Collett Enterprises Service 2,746.33 Valley Tire Co Tires 1,297.80 Grand River Construction Four loads coal mix 1,837.02 M.R. Contractor Final Construction on Dowd Jct, Bldg 2,775.00 Johnstone Supply Invoice D809452 57.65 Boise Cascade Tape & locks 18.80 Air Rentals, Inc Hi Pro Flex pins 29.78 Basalt 66 Inspection sticker 8.50 Safety-Kleen Service parts 26.75 Mountain Electric Angle Plug 10.50 Mechanics Inspection sticker 16.50 X-ergon Hi Brade Electrode 336.64 Valley Gas and Welding Supplies 142.44' Johnie Vaughn Excavating Barricade, delivery charge 1,726.00 Limpte Penthe Holland Hitch 150.04 Big "R" Manufacturing Invoices 33504, 33670 18,440.53 W.F. Stevens 8660 tons of gravel 2,165.00 Lawson Products Supplies 1,275.58 564 Proceedings of the Board of County Commissioners 7th day July, term 19 80 __-_19- Holland Auto Products Supplies $ 1,712.88 Warning Lites Traffic cones 601.25 Sanborn Equipment & Supply Road Construction Sign 759.47 Supplies Unlimited, Inc Supplies 1,201.85 Town of Vail Invoice 01430 180.44 McLean Trucking Company Freight 25.83 Hanson Equipment King pen set kit 74.93 Case Power & Equipment Bushing, bearing, blade, screw 87.18 Pete Honnen Equipment Labor, Misc. 290.83 Kaman Bearing Conveyor belt 522.05 Drive Train Industries Wheel Cye Kit, Frt. Wheel 458.29 Johnson and Kunkel Topographical mapping of Lake Creek rd. 470.88 Fisher Chevrolet 1980 pkup and 1980 crewcab pkup 16,578.07 Danny Siggins June Wages 574.00 Eagle County Treasurer FICA taxes withheld 35.19 Eagle County Treasurer FICA taxes withheld 2,213.22 Blue Cross/Blue Sheild Health Insurance premium 1,931.16 Rocky Mountain Life Insurance Insurance premium 99.13 Raymond the Printer 1,000 perpetual inventory cards 47.20 Petty Cahs Increased from $50.00 to $100.00 50.00 Eagle Pharmacy repair kit and faucet washer 2.50 Eagle Electric Invoices 1021,1020,1022 2,926.75 Sharon Green Post Office Frt. 7.98 Intergovernmental Motor Pool Mileage 41.85 Eagle Telecommunications Tele charges 212.03 Town of Eagle Trash and water service 134.00 Holy Cross Electric Electricity 121.84 Eagle Sanitation District Sewer service 15.00 Rocky Mountain Natural Gas Gas useage 194.70 Douglas Pilcher Invoice 6198 11.75 Raymond's Office Machine mini recorder 119.50 M.L. Dubach rental on D8 tractor 4,750.00 Johnie Vaughn Excavating Invoice 5835 357.00 VAlley Tool Supply Dr. Socket=Set 46.83 Collett Enterprise Gas 7,722.08 Petty Cash Invoices 49.70 B & B Excavating Asphalt mix 2,472.54 Rio Grande Motor Way Freight 165.06 Boise Cascade Supplies 69.96 Sanborn Equipment & Supply Signs 1,800.85 Universal Engineering Supply Freight 221.37 Grand River Construction 3 loads Cold mix asphalt 1,585.08 Harris Truck & Truck parts Parts 108.68 Zep manufacturing Invoice 42022282 108.47 Mechanics Invoice 1973 5.50 Supplies Unlimited 200 Ft. High Test chain 430.00 Mountain Bell Telephone for Basalt 36.36 Frank Daughtery Travel 117.04 ERnest L. Cock Travel 51.24 Max e. McCoy Travel 72.52 Eagle Valley Enterprise Public Notice 8.77 Town of Basalt Water service 60.75 Glenwood Toilet Rentals Pickup and Delivery for Army 80.00 Basalt Sanitation District Sewer Service 54.00 Douglas Pilcher Invoices 15.30 Eagle Valley Conoco Fix a tire 7.00 H.W. Moore Equipment Co Service 222.03 Fintaine-Jacobs Seals, Freight 99.46 C.W. Silver Co Coil 23.46 Kaman Bearing Bearing, Races 25.14 Case Power & Equipment Bushing, Freight 5.52 Faris Machinery Company Rental on Pump hose 504.00 Jefferson Bank and Trust Loan payment 1,988.10 Republic National Bank Loan payment 960.55 Jefferson Bank and Trust Loan payment 2,304.10 TOTAL-------------------------------------------------------------------------------------------- $198,703.83 Library Fund Library Fund Payroll $ 6,226.00 Amy Niswanger Registration 15.00 Highsmith Co., Inc Office Supplies _84.75 Eagle County Treasurer FICA taxes withheld 381.65 Blue Cross/Blue Sheil.d Insurance premium 328.83 Rocky Mountain Life Insurance Life insurance premium 18.60 Eagle Pharmacy Poster Board and Markers 2.97 Gaylord Bros., Inc Patron ID cards & office supplies 29.78 Brodart, Inc Library Supplies 144.17 Prentice -Hall Books 78.09 Quality Books, Inc Books 53.85 Libraries Unlimited Books 37.85 University of Nebraska Press Books 17.95 Marquis Who's Who Books 94.00 Main Line Book Co. Books 18.88 Facts on File Books 8.95 Baker & Taylor Co. Books 69.42 American Econo-Clad Services Books 91.69 Bit of Sunshine Books 19.90 Denver Public Library Film Center Film Rental 36.25 Grosset & Dunlap, Inc Books 1.95 Council of State Governments Books 28.00 McGraw-Hill Book Co. Books 5.97 Gordon's Books Books 146.73 f: - D & E Towing Proceedings of the Board of County Commissioners 7th day July term 198D e- 6 5 19— Columbia Special Record Albums $ :,280:00 Bro Dart - Book Express Books 480.24 Road and Bridge Dept. Gas 61.05 Ronald J. Kupper Consultation services 300.00 Mountain Bell Minturn branch phone bill 16.46 Eagle Telecommunications Phone Charges .80 Roberta Depp Travel 14.56 Mountain Plains Bookbinding Books rebound 76.50 Eagle Sanitation District Sewer Service 15.00 Holy Cross Electric Electricity 23.06 TOTAL------------------------------------------------------------------------------------------ $ 9,208.90 This being the regular meeting for payment of bills and for such matters as appear on this days agenda, to wit: Al Wight, BLM, spoke about the landfill at Wolcott and the potential uses of it. He discussed the request from Upper Eagle Valley Sanitation District to use the landfill for sludge disposal. Mr. Wright advised another use that would be an appropriate use of the landfill is for storage 6f junk cars. What generated this idea is an application that is before the BLM requesting 600' of access off of #131 into a private piece of land which D & E Towing proposes to use as a storage area and a salvage yard. The Board previously approved the zoning for this and the permit has been issued. Mr. Wright advised the action before the Board is the right-of-way for the access. When the BLM started working on the reports for this they became aware there is considerable opposition to the junk yard. Mr. Wright discussed the State's position in this matter. The BLM now has the authority to lease or dispose of public lands for these purposes but no regulations have been prepared to move ahead in that direction. The BLM is now in a position to entertain an alternate proposal. Things to be considered if the land adjacent to the land fill is used are: 1. Road and entrance upgraded 2. It would be beneficial to the County in that telephone and power lines would be necessary to service the facility and might be jointly used with the County Mr. Wright stated the problem is whether or not to issue a right-of-way for the access road. If there lis a better alternative the Board should be aware BLM will not be able to issue a permit for several months. He gave the details of what it would take to get a permit. Chairman Grant advised the Board did go through the advertising process for this piece of land and went through an.extensive amount of data concerning the SUP. At the time there did not seem to be any interest in this matter, At this time Chairman Grant requested input from the audience: Leonard Horn stated no one knew of the location when this was advertised as only legal descriptions were used. Now the people know the location and are requesting it be put somewhere else. Chairman Grant advised this was the only site availabhe at that time. Tom Simkens, Wolcott resident, stated he had not heard about or seen any advertising for the meeting. Tom Hunt, President of Bellyache Ridge Homeowners Association, advised the Homeowners Association has voted unanimously to oppose this site. George Jouflas discussed the fact there were 17 people at the Planning Commission meeting regarding this and the item was tabled. Rick Kennedy feels there are obvious alternate sites. Phil Ordway stated the County now has an alternative that may not have existed when the SUP for this site was granted. He suggested focusing on the pros and cons of the altenative as the majority of people are opposed to the current plan. Fred Butler, representing George Jouflas, stated the only published notice was in the Eagle Valley Enterprise. He does not feel this was sufficient notice to advise all of the people at the east end of the County of these impacts. There were no notices sent to any of the adjacent property owners. Mitzie Johnson stated the Board is being given an opportunity to reconsider an alternative and she hoped they would do so. Beth Whittier, County Attorney, advised the Board does have the power for a rehearing on a zone change. Commissioner Williams discussed the fact that access may or may not be issued. He questioned if this would be grounds for a rehearing. Ms. Shittier stated in her opinion there is sufficient evidence for a rehearing. Russ Motta, Vail P.D., stated he had approached the BLM and was informed no cars could be put at the landfill. He stated he has alot of cars and nowhere to put them. Larry Benway feels there have been reasonable solutions presented. When the County adopted the Open Space plan they were in a direct contridiction to the zone change they had permitted in that area. Tim Tunnel], Landfill Superintendent;, stated the County can store cars but cannot salvage theme,: The State has advised the County has no legal storage facility. The County will not take the cars. Commissioner Troxel feels this should be a BLM hearing for access or a land exchange. Ms. Whittier suggested seperating the zone change and SUP to determine if the Board feels there is sufficient information to have a rehearing on either or both of the items. Much discussion followed on the land use. Phil Ordway requested a Resolution by passed by the Board including the following: 1. moving to reschedule hearings on the SUP 2. Send letter to BLM recommending denial of access Al Wright stated the BLM, as an agency, does not oppose salvage on the hill. They will follow the Board's decision. Mr. Wright advised the Enviromental Impact Statement does recognize many problems and impacts. Burt Naumann stated the people should be allowed to help make the decision as it is everyones problem. David Leach stated since the Board now has an option they should listen to the people's objections. A representative of D & E Towing stated he agrees=there is a problem -but this area is only visible from a few places. He advised he has been working on this project fon three years and does not want to be put out of business. Mark Mc Dole, adjacent property owner, feels the Board has acted in good faith and are looking for a solution to satisfy everyone. He feels there is sufficient doubt as to whether the first action was done on proper notification. He questioned if there is any problem in rescinding the original action without rehearing as it was done without sufficient notice to the land owners. Commissioner Williams stated as there is new evidence today to shed new light on the zone change and SUP previously approved that by going back through the process it would answer questions and/or change the application entirely. Commissioner Williams moved in regards to the SUP Zs -56-76 the Board of County Commissioners commence a hearing to rehear the SUP because the applicant, D & E Towing, failed to provide adequate access and there may be other enviromental and/or archeolofical considerations to be made. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Larry Drieth, Highway Department, stated the Highway Department will grant BLM access off of the highway as long as they meet all regulations. If the landfill is used the entrance would have to be upgraded. 566 Proceedings of the Board of County Commissioners 7th day July term 19 80 _ ____ 19___ ELT.�o€C(El'f0.—U_FAppe—LS)ll' Commissioner Williams moved the Board of County Commissioners commence a zone change hearing on Zc-75-78 in regards to the Commercial General zone granted by the Board may have been inconsistant with zoning standards. a.) the existing and resource zone was probally more compatible with the Master Plan than the commercial zone b.) applicant carries the burden to provide evidence the area in question possesses geological, physiological, and enviromental conditions compatible with characteristic use of the land. Commissioner Troxel would not second the motion as he does not feel there is the necessary evidence to rehear a zoning permit. Commissioner Williams explained this is spot zoning on the hill. By rehearing this zone change the Board can bring it back into conformance with the Master Plan. Chairman Grant asked Ms. Whittier her opinion of the legality of the motion. Ms. Whittier responded it would be legal if the phrasing of the reason for it being changed to Commercial General was ommitted. Commissioner Williams withdrew that portion of his motion and identified under item a..) of 10.0.304 the existing zone district is inconsistant with the policies and goals of the Master Plan and other adopted plans of Eagle County. Under item d.) he stated there may be physical and/or enviromental conditions that are not compatible with the existing zoning. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Chairman Grant advised there was some airport business the Board needed to tend to at this time. Greg Isabell/ Greg Isabell appeared to discuss the FAA project of overlaying the existing runway, replacing a.beacon, Airport and replacing aprons at the Eagle County Airport. Mr. Isabell advised the bids have been received and the low bidder recommended. It is required the Board sign a project application before the FAA will issue a grant of $375,000.00 of which the County's share is $120,000.00 Mr. Isabell stated the contract will be presented on July 22. Prior to this, the application needs to be signed. Commissioner Troxel moved to sign the application. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved to continue the decision on the awarding of the bids for the airport until July 22, 1980. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Erik Edeen, Health Officer, advised the Board Phase I of the Resource Recovery project has been completed. On July 1, 1980 the Technical Advisory Committee voted unanimously to proceed to Phase II. Their reasons for proceeding were the increase in costs of landfilling wastes, decreasing landfill space, and sludge disposal problems. Chairman Grant questioned how to recognize your risks if sites cannot be determined in Phase I. Jo Ann Deighan, Health Assistant, advised Phase I took a preliminary look at available sites. Ms. Deighan presented preliminary data on costs for Phase II. Discussion followed on using in-kind services. Mick Kasher, Assistant Administrator, presented his Go/No Go decision,recommendation on the Resource Recovery project. Chairman Grant stated he has problems with the high costs and the fact no other land in Eagle County has been considered for a landfill. Commissioner Troxel moved they proceed to Phase II of the Resource Recovery project and follow the in-kind service scenario with a larger cash share beinga.ppropr;iated to take up the slack of the Administive Assistant and the County Attorney. Franklin and Assoc. will be retained as consultants because of the continuity of the project. The County will have the ability to terminate the project at any time they feel there is enough data or it is economically unable to continue. Commissioner Williams seconded the motion. Chairman Grant declared the vote two in favor; Chairman Grant Voting "no" as he does not feel it is feasible. Beth Whittier, County Attorney, advised she had received an invoice from Doors of the West requesting payment of $5,862.76 for 4 steel doors and 4 EL Brakes which were ordered through Cline Construction for the County Building at Dowd Junction. Commissioner Troxel moved to deny the claim. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Chairman Grant advised the next item was the bids for surveying the Lake Creek Road. The bids were as follows: Merikin Construction $11,400.00 Johnson & Kunkel $ 13,900.00 Mountain Engineering Land Surveying $ 7, 199 Mel Atwell, County Engineer, requested time to review the bids to determine if they conform with the regulations. Resource Recovery Doors of the West; Lake Creek Road Discussion followed on the Fair Board Liquor License. Fair Board Commissioner Williams moved the Board sign the letter in regards to Eagle County owning the Fairgrounds Liquor License and the right to the Jr. Livestock Sale Committee to sell 3.2 beer on August 7-10 during rodeos only. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved to a adept the Mountain Engineering Company bid of $7,199.00 for the surveying I Lake Creek Raod of the Lake Creek Road. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved to approve the minutes of May 27, 28 June 2,6,9, and 24. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. The Board adjourned as the Board of County Commissioners and reconvened as the Local Liquor Licensing Authority. I Beth Whittier, County Attorney, advised this is a request for a retail liquor store license for Carol Gourd. Carol Gourd was sworn to testify by the County Clerk. Ms. Whittier advised the criminal record has been received. The applicant has submitted copies of a promissory note from Reuben JI Burkman M.D. who has a dinancial interest in the establishment. Ms. Whittier advised an additional fee of $25.00 is necessary. Also consent of the landlord for the (I sublease is needed. Commissioner Troxel moved the Board approve the liquor license conditional upon the acquisition of the consent of the landlord to be supplied to the County and the $25,00 fee be paid befor the issuance of a license. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Minutes Liquor License State Bridge Liquor Store Jack D'Orio/ Fairgrounds Resolution Proceedings of the Board of County Commissioners 7th day July term 19_&o _ r `567 19— Jack D'Orio, County Agent, appeared to present a representation of the fairgrounds as they hope for them to be. He advised they are concentrating on priorities such as the arenas. The new restrooms will be completed by the Lion's Club as an activity of their organization. Discussion followed on the water lines. Mr. D'Orio advised the caretaker trailer will be moved as soon as the lines for the utilities are installed. Mr. D'Orio advised the Fairground budget is at it's limit. Commissioner Williams moved to direct the County Clerk to have branch registrations. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous There being no further business to come before the Board the meeting was adjourned until July 14, 1980. C airman 568 Proceedings of the Board of County Commissioners 14th day_ July term ig 80 SPECIAL MEETING 19 Present: Dale Grant Chairman Tom Boni Assistant Planning Direc Dan Williams Commissioner Susan Vaughn Planner Keith Troxel Commissioner Jo Ann Deighan Health Assistant Terrill Knight Planning Director Johnnette Phillips Clerk to the Board Mary Merkling C.S.R. Jo Ann Deighan, Health Assistant, appeared to request the Board's signature on application forms and Assurance of Compliance contract for Phase II of the Resource Recovery project. Mrs. Deighan explained the items to the Board. Commissioner Williams moved the Chairman sign the contract. Commissioner Troxel seconded the motion. Chairman Grant declared the vote two in favor: Chairman Grant voting "no" but signing the contract at the direction of the Board. Request: Preliminary plan review of commercial complex consisting of 36 condo units, 45,688 sq. ft. retail space and 38,808 sq. ft, office space. Total gross floor area = 138,340 sq. ft. Tom Boni, Assistant Planning Director, advised the first item on the agenda contains two files. Mr. Boni suggested hearing the SUP to allow a mixed commercial/residential use on the project. The Planning Commission recommended approval as the residential use is appropriate for this area. Tom Bryant, representing the applicant, advised the previous plan included 50 condo units which have been reduced to 36 units. Another issue of the previous plan was the parking. There are now 348 spaces where cars could be parked. Mr. Bryant stated the Board had required a traffic study. This has been done and the report stated this project would generate 1400 trips both in and out. The report recommends the developer build a left hand turn lane and a decelleration lane with a wider frontage road permitting an out lane through one lane and back to the project. They also recommended reducing, -by 10%, the amount of traffic with an additional entranc off Chamonix Lane. Discussion followed on snow removal. Commissioner Troxel questioned if there will be amenities for the residents. Mr. Bryant stated in terms of tennis courts, golf courts, and swimming pools there will be no amenities. Chairman Grant'.questioned if there will be a children's playground. Mr. Bryant advised the Town of Vail is in the process of negotiating for land to build a playground. Commissioner Williams questioned if there will be access from the project to the Vail Das Schone center. Mr. Bryant advised the applicant wanted to seperate them because of the visual impacts of that much asphalt. Commissioner Troxel feels if this project is going to be a residential area with out restrictions there should be amenities provided. Mr. Bryant advised a very small athletic club or hardball court has been discussed but the owner is not present so he cannot say for sure. Discussion on the possible play area followed. Peter Patton, representing the Town of Vail, stated concerns the Town of Vail would like to see addressed 1. Employee housing - 25% of the project should be allocated for employees. 2. Access off Chamonix Lane should not be done. Access to Vail Das Schone would be beneficial. 3. Amount of asphalt should be reduced 16%. 4. How the parking lot has been treated in regards to landscaping. Mr. Boni advised the Staff recommended this item be tabled. The Planning Commission recommended approval with conditions.: 1. Improve the passability of the connection off the parking areas at the N.E. corner of the building. Construction at this connection should include speed bumps. 2. The Board of County Commissioners consider the reduction of parking requirements as per letter from the Town of Vail. Mr. Boni stated that in the original recommendation from Staff there were concerns of access off Chamonix Lane because of the following: 1. The through traffic problem that might occur. 2. Engineering problems at the intersection needs some design details. (the applicant has submitted the details.) Mr. Peterson discussed the concerns of the Planning Staff, access, loandscaping, and a play area. He requested suggestions from the Board on the employee housing situation. Mr. Patton responded on the employee housing. Mr. Peterson stated no employee.housing is being built into the project and as it is only limited residential units he does not feel it would be feasible to do so. Commissioner Troxel questioned if the applicant would be willing to extend the accelleration and decelleration lane to the entrance of Vail Das Schone. Mr.. Bryant answered the applicant would be willing to do so. Commissioner Troxel summarized the Staff's recommendation of tabling because of the following reasons: 1. Parking and landscaping should be reworked. 2. Mall should show a tot lot and play area. Susan Vaughn, Planner, advised a SUP cannot be tabled unless the applicant requests a continuance. Commissioner Williams stated the concerns other than landscaping and a play ground is to address the internal access between the lots or if it should be a continuous accelleration lane. Commissioner Troxel stated he does not feel comfortable about approving this item today. Commissioner Williams agreed with Commissioner Troxel because there are too many unanswered problems. Commissioner Williams moved SUP Zs -108-79 be continued until August 27, 1980 so the problem of an adequate area for a childrens playground may be answered as well as identifying a bus shelter area. Some type of formula for the amount of employee housing needs to be worked out. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams moved Su -126-80-P preliminary plan be tabled until August 27, 1980. Access between Vail Das Schone parking lot and the proposed project parking lot be examined for an additional lane and whatever the Staff deems appropriate. The landscape plan should be reviewed again. Terrill Knight, Planning Director, discussed the size of the parking spaces. Commissioner Williams included in his motion the Staff's recommendation of 10' per car parking spaces and eliminating the parallel parking on the northwest portion of the parking lot and the inclusion of a landscaped area between the northwest and eastern portions of the parking lot. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Susan Vaughn, Planner, advised the Board item Zc-131-80 Brett Ranch was inadvertently left off the agenda. The applicant has requested this item be tabled. Ms. Vaughn advised the next three items are concerned with the Edwards area and the Staff has determined to change the format of this hearing. Because the Edwards area has such development pressure at this time the Staff believes it is essential the County look at the area as a whole and see how the approved developements and proposed developements work together. Discussion followed on existing projects, projects being built, and the number of possible units to be built. Resource Recovery Su -126-80-P Zs -108-79 West Vail Common PLF^NING STAGE Units oer acre 1.1/gross acre 1.6/acre net 2.4/gross acre 2.5 d.u./acre 3.5 d.u./acre ED'AARDS AREA EXHIBIT Project Homestead 729 dwelling units on 681 aross acres 470 net developable acres Calhoun 718,000 sq. ft. commercial floor space 492 dviellinq units on 204 acres Williams 148 dwelling_ units on 57.7 acres 261,000 sq. ft. commercial floor space gross Peterson 153 dwelling units on 43 gross acres .45 d.u./acre developable acre Brett 24 dwelling units on 53 net developable acres EXISTING APPROVED UNITS MOBILE HOMES Lone Pine Trailer Park 40 Havener's Trailer Park 18 Eagle River Mobile Home Park 370 SUBDIVISIONS Approximately 1.9 d.u./gross acre Berry Creek .73 d.u./acre South forty Eagle Crest -Total Platted Units Total Existino and Planned Units Arrowhead 2722 Berry Creek '5 143 1428 30 units 41 acres 30 units 2116 dwelling units 3663 &j_elling_,units without Arrowhead Total with Arrowhead and Berry Creek =5 6528 • Proceedings of the Board of County Commissioners 14th day Jul v _ term 19--8o_ Zc-127-80 Carl Dietz Rocky Mountain Airways 5 f I 569 19__ Terrill Knight, Planning Director, discussed the concept of the development of the planning of a town. Tom Boni, Assistant Planning Director, handed out a summary sheet of development in the Edwards area. (See exhibit) Mr. Knight discussed the concept of the Master Plan. Request: Zone change for 204.7 acres from resource to commercial general, residential suburban medium density and residential suburban low density. Location: From the south side of Hwy 6, at Edwards Interchange, west to the Lake Creek Road, then north across Hwy 6 to the railroad, east to the Eaton property, in section 5, T5S, R82W Susan Vaughn, Planner, advised the first item in the Edwards area is a zone change request by Carl Dietz. Carl Dietz presented his request for the.zone change. He discussed section 10.03.04 of the Zoning Resolution and stated he felt all County regulations have been met. He pointed out the location of each zoning request. Chuck Malloy stated he is opposed to this project and feels there is no basis or reason for this development. , Dick Nelson, Edwards resident, stated he has concerns of the amount of the zone change. The majority of people in that vicinity realize changes are going to happen but they would like to see it done slower and with less density. Bill Williams discussed the sheet Mr. Boni handed out at the beginning of the hearing. He stated it is inaccurate and misleading. Chairman Grant questioned if this would be a contract zone if the applicant states in this hearing that he would only develope a specific number of units. Beth Whittier, County Attorney, advised if the applicant just states this in a public meeting the County cannot enforce it. She gave further opinions of how to restrict the units. Fred Green, Lake Creek resident, stated he would like to see this area remain as meadows forever but realizes this is an impractical desire. The Calhoun family have the right to sell the land for development. He questioned if the County, by flat approving the zoning without a specific plan, would be locking into problems in the future. Susan Vaughn read a letter from Ed_Stinley opposing the project. She read a letter form Lake Creek Ranch concerning agreements made on the property line. Ms. Vaughn advised the Staff recommended denial. They believe there are advantages and disadvantages but the density would not conform to a minor center. The Planning Commission recommended denial of this request as the applicant did not sufficiently demonstrate the advantages to outweigh the disadvantages to the County and neighboring lands pursuant to (section 10.03.04 (c) and sedtion 10.03.04 (d) of the Eagle County Zoning Resolution. Hubert Peterson stated he disagrees with having 2 acre lots as they are not appropriate. Phil Devanny stated he would like to see a better map to be able to see exactly what is proposed. Bill Williams stated he owns land adjacent to this proposal and when he came before the Board for his zone change he was required to submit a sketch plan at the same time. Commissioner Troxel stated he feels the north portion of the property may very well become a recreation for water storage area. He gave his feelings on the proposed development and his objections to combining the sketch plan and the zoning changes. Commissioner Williams discussed the portions of property he felt should be zoned. Commissioner Williams moved Zc-127-80 two zoned districts identified as Residential Suburban Low Density on the north side of Highway 6 be denied as it is inconsistant under 10.03.04 of the ploicies and goals of the Master Plan and specifically as it relates to problems with future development of water storage in the area. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved the commer-cial.aeneral parcel as defined on the Edwards Villaae map be approved, CommissionerWilliamsseconded the motion and --the Chairman.declared the vote unanimous. _ .Commi.ssioner.Troxel moved the parcels described as parcels 20 on the Edwards Village zone change proposa' map beapproved. Commissioner Williams seconded the motion and the Chairman declar-ed-.the-vote unanimous. Susan Vaughn, Planner, stated the next item is a public hearing for Rocky Mountain Airways. She advised that on May 12, 1980 the Board reviewed the SUP for the STOL-PORT at Avon which had veen granted on January 1, 1978. The Board determined to not suspend the SUP but did add conditions to the SUP as allowed in #19 of the Findings and Order. The conditions added were: 1. Rocky Mountain Airways shall submit . to the— County at the beginning of each month the flight schedule for the ensuing month and that schedule shall not be altered. 2. Rocky Mountain Airways shall serve the Eagle County Airport with a minimum of two (2) flights per day. In the interim RMA shall renegotiate a lease agreement with the County for the lease of the land at the Eagle County Airport. J.B. Stone, representing RMA, spoke of the ability of serving the Eagle County Airport. As to the terms of the SUP condition section 19 which states the Commissioners may at any time alter the terms of the SUP and the standards now existing to adopt more stringent standards to eliminate the known hazards to the Public Health, Safety, and Welfare. It is RMA's contention these hazards do not exist. Mr. Stone does not feel conditions of these two particular items come into that category and it is unnecessary to have these conditions. Mr. Stone advised he has concerns about the legality of a SUP in one particular section of the County being subject to conditions of performance or other service proposals in other areas. Commissioner Troxel stated when the SUP was originally granted there was a Resolution from RMA stating they would provide service to the Eagle County Airport. He feels this should still be enforced. Chairman Grant stated the Resolution was a part of the approval of the Avon STOL-PORT: He requested the County Attorney give her legal opinion on the legality of the Resolution that was originally passed. Beth Whittier, County Attorney, read section 19 of the SUP. She stated she does not feel the condition of continual service to the Eagle County Airport is a land use control. It is not within the Zoning Resolutioi If the Board does pass this condition they must find it is to eliminate known hazards to the Public Health Safety, and Welfare. Commissioner Williams stated the problems he has with Rocky Mountain Airways' non-conformance to the conditions. If the Board had been aware, at the time of the original approval, that they would have no means of enforcing the continual use they may not have approved the SUP. Mr. Stone explained RMA's reasons for terminating service to the Eagle County Airport. Bill Williams, former President and V.P. of Airport Authority, stated situations he had been involved in where he did not feel RMA showed food faith in servicing the Eagle County Airport. Commissioner Troxel moved to include the two recommendations as conditions for the RMA SUP: 1. RMA will fly to the Eagle County Airport at least two times a day if there are reservations 2.. RMA will submit a flight schedule on a monthly basis There will be a hearing on October 14, 1980 to see if they are complying with the conditions. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams requested the people of the area be invited to the public hearing to respond to the issue of service. Mr. Stone requested letters from the public objecting to the elimination of service to the Eagle County Airport be forwarded to RMA. He also requested a lease for the ground at the Eagle County Airport be sent to RMA to be executed. 50 Proceedings of the Board of County Commissioners 14th day_ _�__ term 19 80 19— Beth Whittier requested Susan Vaughn place a public notice in the newspaper regarding the hearing to be hels on October 14 concerning this item. Request: Zone change for 1.06 acres from Resource to Residential Suburban Medium Density in Nz, NE',, Secti 14, T5S. R81W Location: Between the Frontage Read and Gore Creek, ', mile southwest of the West Vail I-70 Interchange Susan Vaughn, Planner, stated this is a zone change request in the West Vail area. This is a one acre piece of ground which has been zoned all around. There are two small parcels that are zoned Resource. Mrs. McClintock, applicant, appeared to present a request fro a rezoning to RSM. Ms. Vaughn advised the Staff recommended approval of this rezoning as they feel it is concistant with surrounding zoning. Commissioner Troxel moved Zc-129-80 be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: Zone change for 43.32 acres from resource and residential suburban low density to residential suburban medium and residential multi -family. Location: 3/4 mile east of Edwards, between Hwy 6 and the Denver and Rio Grande Railroad, in Sec. 4, T5S,R82 Susan Vaughn, Planner, advised the next item is the Peterson Ranch, a request of a zone change for 43.32 acres. Dave Smetana, representing Peterson Ranch, pointed out the property and gave reasons why he felt this property should be zoned RSM. He pointed out, on the plat, other pieces of adjacent property and their zoning. Bill Williams, owner of property south from this proposal, stated he has no problems with this develop- ment. Ms. Vaughn presented a letter the Staff had sent to the applicant on May 20 listing the Staff's concerns as: 1. The RMF area is too far away from the minor urban center of Edwards 2. The RMF area would heavily impact Highway 6 3. The RMF area is a buffer area identified in the Open Space plan. 4. The.RSM area is too large The Staff recommended denial of the RMF area as being too dense. They recommended denial of the RSM zoned property as it should be a mix of uses instead of entirely RSM. Chip Bell, attorney for Peterson Ranch, stated he is concerned about getting the record straight on the recommendation given to the Planning Commission on this particular parcel as being unequivocally granted. He believes it is imperative the Board understand there was not an unequivocal approval by the Staff and the Planning Commission also recommended approval. Terrill Knight, Planning Director, stated Mr. Bell's statements were not true. Mr. Knight advised that at the Planning Commission meeting the Planning Commission questioned what appeared to be an inconsistancy. Mr. Knight spoke, at this meeting, of a specific area which the Staff felt was inappropriate. He stated on the surface it did appear to be an inconsistancy but the form of the matter is not inconsistant. He specifically outlined an area on the eastern portion of the property which was inappropriate to the RSM zone. Hubert Peterson stated the applicants are trying to get the area property owners to work together. Commissioner Williams moved the Board deny the zone change request for RMF as it is inconsistant with the Master Plan and presently the disadvantages outweigh the advantages. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Susan Vaughn, Planner, advised the next items were the Brett Ranch proposals. Ms. Vaughn stated that in regards to the zone change advertised for public hearing there are letters in the file requesting tabling of these items until the next meeting. Commissioner Troxel moved Zc-131-80 and Su -142-80-S be tabled until August 11, 1980. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: Special Use Permit to allow a dwelling unit on 2 acres in a commercial general zone Location: At the east boundary of the Town of Gypsum, south of and adjacent to Hwy 6 Susan Vaughn, Planner, advised the next item was a request for a single dwelling unit in a commercial general zone located at the Arrow Gas facility. The applicant wishes to place a trailer there as is allowable under the Zoning Resolution. Bob Knivickas, applicant, stated with the housing situation it is impossible to find affordable housing. Arrow Gas Company is going to make the improvements to the property and he will provide his own trailer. Ms. Vaughn advised the Staff recommended approval with the condition the applicant submit a revised landscaping plan. The plan has been submitted. The Planning Commission recommended approval with the conditions: 1. No resubdivision of property 2. Landscape screen across the front of the property 3. Connect to .a central sewer system if and when one becomes available. Commissioner Williams moved Zs -120-80 be approved with the above listed conditions. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Special Use Permit for gravel extraction, crushing and stock -piling ans asphalt and concrete plant Location: Between I-70 and the Eagle River north and west of the Town of Eagle boundary, in Tract 46D, T4S, R84W, and T5s, R84W Tom Boni, Assistant Planning Director, stated the next item is a SUP request by Loren Chambers for gravel operations. Loren Chamber, applicant, introduced Mike Hart, Flat Iron Paving Company, who presented a slide show on sand & gravel crushing operations. Mr. Hart requested the Board make a motion to approve the SUP. Tom Boni read the following letters into the record: 1. E.V. Chamber of Commerce - recommend approval on basis it be reviewed annually to make sure the applicant is conforming with all regulations of the SUP 2. Harold Koonce, Eagle Commercial Development Corp., - in favor 3. Sam Johnson, member of Board of Directors of Eagle Commercial Development Corp., - stated he polled the Board of E.C.D.C. and 4 of 6 are not in favor and do not agree with Mr. Koonces letter 4. Jack N. - opposed 5. Michael Perkins - opposed 6. Eagle Telecommunications _ in favor 7. Mike Whittaker - opposed 8. R. Dwight Lee - opposed 9. William Powell - opposed 10. Paula Palmateer, member of State Air Quality Control Commission - opposed Mr. Boni advised the Planning Commission reviewed this item and tabled it to allow the Town of Eagle time to review the proposal. Tom Coyle, Eagle Twon Manager, stated the Eagle Town Board met in special session with Planning Commission members present and passed a motion to state traffic and dust control as being the items they felt needed to be addressed. The visual impact was generally dismissed. Zc-129-80 McClintock Zc-130-80 Peterson Ranch Zc-131 180 Su -142-80-S Brett Ranch Zs -120-80 Arrowhead Gas Zs -123-80 Loren Chambers J Mike Perkins Vacation of Easement Proceedings of the Board of County Commissioners 14th day July term 1980 571 19 The Planning Commission suggested if the Board of County Commissioners approved the application without a recommendation from the Planning Commission they requested the Commissioners consider- adding the following conditions: 1. A bond should be required to insure revegitation and transient dust abatement 2. The applicant should be required to pave the fairground road 3. Dust abatement should be required on the road from ther fairground into the pit 4. Limit on operation hours. Mr. Boni read the regulations on approving or denying a SUP. The Staff recommends denial in regards to the SUP concept. The basic reason being that although gravel is an important resource the impacts of heavy industrial use in a visual corridor and immediatly adjacent to Eagle are not acceptable. The disadvantages outweigh the advantages. Jim Nimon, resident of lower Kaibab, stated he is familiar with Flat Iron's operation. Operations will be within State laws as they have been -in other Counties they have done work in. He does not feel this is a visual impact. Gene Lorig; representing Diamond -J Construction, Everist Construction, and Nottingham Construction, all of which have gravel pits in the area. It is a concensus of the construction and gravel pit operators there is more than adequate capacity at the present time. Mr. Lorig stated a need must be shown for a permit to be issued. Mike Hart contested the remarks of Mr. Lorig about competition. Mr. Lorig asked if Flat Iron had made their bid on the Airport in hopes of getting a SUP for the gravel operations. Mark Walkel, V.P. of Flat IRon Paving, stated the pit application was submitted to the staff approximatel; 1'2 weeks before the airport bid was submitted. Commissioner Williams stated in his opinion there is an application before the Board for a SUP and it should be considered on its own merits. Willie Powell, owner of property adjacent to the proposed pit, requested the Board table this item for a longer period of time to give the opposition time to evaluate and state their cases. Kenneth Norman discussed areas to be mined and the fact this area will have more agricultural use after this project than it does now. He discussed complaints of noise and air quality. He feels these complaints are unfounded and this County does need competitive gravel operations. Mr. Coyle presented comments from Jean Johnson. Ms. Johnson is opposed to the project and requested the Board deny this permit at this site. Mr. Boni made comments on the construction of the roadandlstated this issue needs to be addressed if the Board .decides this is an appropriate use of the land. Chairman Grant stated the County is consistantly opposed to paying any portion of a developers program. Steve Isom stated the site of the pit is the problem, not the pit itself. Sam Johnson presented prints of B & B gravel operations to show the impacts of the dust. Fritz Schmidt discussed the problems of smell, noise, and dust. John MacKown, resident of Eagle, read a letter opposing the project. He asked the Health Officer if there are any air quality standards performed in the Town and what the standards are. Erik Edeen, Health Officer,_ stated data is available from a pollution monitor that was located on the building next to the proposed site. Kenneth Norman questioned how the noise generated from the plant is different from the noise from the railroad, airplanes, and highway traffic. Mr. Boni read the noise statement which stated this area is already above that of a typical agricultural setting. Agricultural noise would generate noise levels of 47 decibal A range. Margorie Johnson stated she is present to oppose the project. Commissioner Troxel stated he has a twinge of concern not knowing exactly what the Town Board of Eagle said and decided. Kathy Heicher, Eagle Town Board member, explained they did not have enough time to make a decision about this project. Commissioner Williams suggested looking at this site as it relates to other uses of the land in the vicinity. The access road and the paving of the road are an asset to the project. The concern he has is the close proximity to the Town of Eagle. He feels Flat Iron and Mr. Chambers would do everything they could to eliminate the dust. Industrial uses should not, in his opini.on, be located next to urban centers. The applicant has other uses for his land that may be more appropriate. Commissioner Troxel moved Zs -123-80 be denied with the reason being it may be injurious to the established character of the neighborhood for a zone district in which the SUP is proposed to be located. Commissioner Williams seconded the motion. Chairman Grant declared the vote two in favor; Chairman Grant voting "no" as he believes this particular industry fits.in well with the gravel deposit in this area. He feels there are types of machinery available to cut dust and noise. It could fit in very well with no problems to the Town of Eagle. Jim Williams, Zoning Inspector, advised the next item was an easement vacation request from Mike Perkins on the Stone Creek easement. Mr. Williams advised the procedure• -that should be followed on this item is to discuss the alternatives that have been brought up with basic direction from Fred Green and KKBNA who have initiated a study to deal with this matter. Mel Atwell, County Engineer, explained when Eagle -Vail was originally designed Stone Creek had a projecte flow for a 100 year storm of 1500 cubic feet per second. This was to be carried by two channels to the point it enters the development down to the point adjacent to Lot 41. Then the drainage.is split and half of it would flow through Stone Creek drainage and the other half to the Golf Coruse drainage. At this time the Stone Creek easement will not carry any of the water. Fred Green explained the proposal to recreate the swell diversion of the stream. Mike Perkins, applicant, requested the easement be moved rather than vacated because as it exists it will have a buildable site of only .19 acres. Commissioner Troxel stated if Mr. Green guarantees to do the work of the swell with no cost to the tax payers, the only problem remaining is the swell should be large enough to handle the water and there should be a culvert. Mr. Atwell stated in his opinion the culvert should be large enough to pass a 25 year flow. Commissioner Williams advised if any property owner wants to vacate or change the easement in any way they should have a sign -off by all utilities, by the District who may have an interest in it, and an engineer- ing study to show whatever has been changed will bring no negative impacts. Mr. Green agreed to a culvert for 25 years but stated in so doing will require a speed bump. Mr. Perkins requested clarification on the area the study will include and who will pay for the study. Commissioner Troxel advised if an applicant requests an easement be vacated to benefit himself, he must also pay for the study on that particular lot. Commissioner Williams moved the easement on Lot 37 Block 1 Eagle -Vail, being represented by Mike Perkins, be tabled until July 30, 1980. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. 572 Proceedings of the Board of County Commissioners 14th day Jud__—term 19_80 19— Jim Williams, Zoning Inspector, advised the next item was a lot line vacation submitted by Fritz Schmidt for Lots 13 & 14 in Vail Das Schone. Mr. Williams advised the applicant has the right to build a single family unit on each lot. Mr. Schmidt submitted, through the Zoning Board of Adjustments, a request to build a duplex on both lots. One of the conditions of the variance granted is based on the vacation between Lots 13 & 14. Mr. Williams stated the Staff recommended approval. The easements will remain for any utilities and the a-plicant will not build on the lot line. This is just a matter of technically abandoning the lot line for the purpose of satisfying the Zoning Board of Adjustments. Commissioner Troxel moved the lot line be vacated between Lots 13 & 14 of Vail Das Schone. Commissioner Williams seconded the motion and the.Chairman declared the vote unanimous. Susan Vaughn, Planner, stated the next item on the agenda is a requested hearing by Eagle River Mobile Home Park regarding the fence. Richard Brown, owner, advised they would like to put a Russian Olive hedge along Highway 6. He advised a questionaire was sent out to the residents of the park asking if they wanted a 6' chain link fence, a 4' chain link fence, or a hedge. There were 46 replies returned. No one wanted a six foot chain link fence, five people wanted a 4' fence and the rest wanted a Russian Olice Hedge. The Russian hedge will be 4' high, 18" in diameter, and will be planted on 4' centers. Commissioner Troxel moved the Board make a request of the applicant, Eagle River Mobile Home Park, to erect a Russioan Olive hedge 4' high on 4' centers. In the event this does not decrease traffic on the service road the Board may ask, at a later date, for additional protection. The County will not be responsible for thorns. Commissioner Williams would not second the motion. Chairman Grant seconded the motion and declared the vote two in favor; Commissioner Williams voting "no" Susan Vaughn, Planner, advised the next item is the signing of a plat for Sierra Condominiums. This is a plat that was approved for Lot 23 Vail Village West with the condition a note be placed on the plat stating no condominiumunitsmay be sold until the improvements on the parking lot are completed to the satisfaction of the County Engineer. There was also a requirement that the County Engineer approve a retain- ing wall. Commissioner Williams moved the final plat for Sierra Condos be signed. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Terrill Knight, Planning Director, stated the next item is concerning the Shrine Pass Road andits effects on the Town of Redcliff's water system. Commissioner Troxel advised he had received calls from Mary Flowers, Mayor of Redcliff, and from the Forest Service stating there was a problem with the water in Redcliff. The people of Redcliff felt the closure of Shrine Pass Road would effect a better and safer water supply. The Forest Service had stated they have a gate on Shrine Pass Road which they close in the Spring because of the runoff and want to know if the County wanted it left closed. Claude Gerard, Road Inspector, advised it is a County road and it cannot be closed. Mrs. Flowers stated it is a State Statute under Health and Safety which gives the township and munici- pality the right to protect their water supply. By closing the road it is the Town's way of saying someone, whether it be the County or the Forest Service, is going to have to take responsibilty for cleaning the area up and putting in proper facilities not only for summer use but also for winter cross country skiers. Katherine Owens stated she does not feel it is necessary to close the road. A good part of Redcliff's business comes over Shrine Pass. Erik Edeen, Health Officer, presented a report on Redcliff's water supply and stated since January 1, 19 Redcliff's water has been meeting State standards. Commissioner Williams suggested everyone involved meet and try to work something out. Beth Whittier, County Attorney, advised the Board does have an action to take of either closing the road if they feel there is a health hazard or keeping it open. John Martinez presented a report of the water, from State, which states the pollution is being caused by human waste. He discussed the turbidity of the water. Joe Hartman, Forest Service, feels if the problem with the water is caused by the County road the County should take action. If it is a public road and there is no need to close it, it should be left open as it does access a tremendous amount of Forest Service land. Commissioner Williams suggested the road might remain open and the Forest Service take a more active interest in enforcing campers not camping too near the stream at least for the next 10 days. The Board should sit down with all interested parties and try to come up with policies on this matter. Angela Beck stated she is opposed to the closing of Shrine Pass Road. The Board directed the Staff to contact the State Health Department and request them to attend a work session on the Shrine Pass Road and the water situation on July 22, 1980 at 7:00 P.M:. Terrill Knight, Planning Director, stated the next item involves a decision made by the Board concerning the sketch plan on the Arrowhead project. The Board directed and made a motion which stated the ;Bachelor Gulch area must have two places of access. The Staff advised the applicant the development was inappropriate and should stand by its original plan. Mr. Knight advised there are 2700 units approved on the property and if the applicant desires he may build to that. The applicants have proposed a reduction which is a true reduction of density if Bachelor Gulch's 300 units are built. The Staff recommended the original plan be followed because of wildlife, visual concerns, the buffer area concept, and the road issues Mr. Green suggested a hearing be held on this matter on July 30, 1980. The Board concurred the meeting of July 30, 1980 will begin at 8:00 A.M. Terrill Knight, Planning Director, presented the Hansen & Hansen plat which has expired. There is a certificate which has not been signed and there is a plat restriction which the Staff feels is improperly written. The Staff recommends this plat not be signed. Commissioner Troxel moved the Chairman not sign the plat. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Mick Kasher, Administrative Assistant, presented, for the Chairman's signature, the Grant Award which was approved in December. Commissioner Troxel moved the Chairman sign the Division of Criminal Justice statement of Grant Award. Commissioner Williams seconded the motion and the vote was declared unanimous by the Chairman. There being no further business to come before the Board the meeting was adjourned until July 22, 1980. Attest: A&�e�94§Ll Clerk to the Board C airman ,,Fritz Schmidt Eagle River MHP Sm -176-80 Sierra Condo Shrine Pass Rd Arrowhead Hansen & Hansen Grant Award Edwards Water District •57a Proceedings of the Board of County Commissioners 22nd day—J_+j_ _—term 19so__ SPECIAL MEETING Present: Dale Grant Chairman Terrill Knight Planning Director Dan Williams Commissioner Johnnette Phillips Clerk to the Board Keith Troxel Commissioner Mary Merkling C.S.R. Beth Whittier County Attorney This being the day Social Service items are heard in the morning; the following items were heard in in the afternoon. Loren D. Harkness, representing Edwards Water District, gave details on the Resolution setting this meeting. He then called the first witness. Michael E. Stover, petitioner of the District, pointed out on the map, entered as Exhibit "A", (see Exhibit) the area the Edwards Water District would include. Mr. Harkness entered, as Exhibit "B" a letter form Lake Creek Meadows Water District stating at this time it is not feasible for the Lake Creek Meadows Water District to provide service to the Edwards Water District. Commissioner Troxel asked if Edwards Water District would be agreeable to becoming consolidated with Lake Creek Meadows Water District at a later date. Mr. Harkness answered they would be. He advised it was agreed upon that out of District water users could be serviced. Alan R. Mauzy, Engineer, advised he had prepared the service plan and described the facilities and everything involved to serve the new boundaries of the District. Bill Williams, Edwards Development Associates, discussed sources of water for the district. Mr. Harkness submitted, as Exhibit "C", a'.letter to Bill Williams form Wright Engineers concerning legal rights and amounts of water. A letter from Delaney & Balcomb establishing legal rights was submitted as Exhibit "D" A letter from Edwards Development Associates listing the water rights owned by Edwards Development Associates was entered as Exhibit "E". Brian C. Curd advised he had prepared the financial feasibility study which is included in the service plan. He gave a report of the revenues. A letter from Brian C. Curd discussing revenues was submitted as Exhibit "F". A letter from Brian C. Curd in regards to issuing General Obligation Water Bonds was entered into the record as Exhibit "G". Terrill Knight, Planning Director, stated the Staff recommended against the formation of the District as originally proposed but subsequent changes have been made to put this plan into conformance with the Master Plan. Staff does not feel this is the best long term solution but is workable on an interim basis and as needed basis. Given the level of development expected in the Edwards area this would be an appropriat method of providing quality water services. Terrill Knight, representing the Planning Commission, advised the Planning Commission recommended approvi of the Water District as it is consistant with water management plans and::the Master Plan. Tom Mattio, Edwards resident, recommended approval of the District. Commissioner Troxel moved the Board adopt and sign the Resolution approving and adopting the service plan as submitted with the legal description of the revised service plan. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. 4Human Resource Chairman Grant read a letter form the Human Resource Council recommending the appointment of Mary White. Council I Commissioner Troxel moved Mary White be appointed to the Human Resources Council. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Abatements Resolution i Loren Chambers At this time the Board adjourned and reconvened as the Board of Equalization. Beth Whittier, County Attorney, presented the first petition for abatement from Mark W. Francis. The reason for the petition was too much land was assessed. The original value was $10,040.00. The abated value is $390.00 with a tax of $37.75 leaving a balance of the value at $9,650.00 with a tax of $934.14. The Assessor recommends this abatement be allowed. Commissioner Troxel moved the abatement be allowed. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Ms. Whittier advised the next petition for abatement is from James Berry Craddock. The reason for the petition was the land was double assessed and -one building. -was double assessed. The original value was $179,100.00. The abated value is $83,410.00 with a tax of $6,801.26. The remaining balance would be $95,690.00 with a tax of $7,802.56. The Assessor recommends the abatement be allowed. Commissioner Williams moved the abatement be allowed. Commissioner Troxel seconded the motion and the vote was declared unanimous. Ms. Whittier advised the next item is a petition for refund from Bill Bullock on personal property. The reason for the petition is the real value was used on th3e furniture instead of the assessed value . The original value was $90,700.00 with a tax of $7,398.12. The abated balue is $47,670.00 with a tax of $3,887.01 leaving a balance of $43,060.00 with a tax of $3,511.11. The Assessor recommends the refund be allowed. Commissioner Troxel moved to allow the refund. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. At this time the Board reconvened as the Board of County Commissioners. Beth Whittier, County Attorney, discussed the previous request of the mining claims obtained by the County through tax deeds to be put up for public auction. Ms. Whittier advised that at that time the Board determined to establish a policy whereby these mining claims would be reserved as Open Space and recreational areas. Ms. Whittier presented a Resolution to this effect. Commissioner Troxel moved to adopt the Resolution concerning mining claims obtained by the County through Treasurer's Deeds. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Beth Whittier, County Attorney, advised Jack D'Orio, County Agent, had conversed with Loren Chambers at which time Mr. Chambers stated he was amenable to giving the County .843 acres for the fairgrounds in exchange for property along I-70. Ms. Whittier outlined the contract concerning the exchange of property with Loren Chambers. Commissioner Troxel moved the Chairman sign the.,agreement deleting paragraph 3 under section 3 "Duties of the County".as it has nothing to do with land exchange. It is a land use problem and the Fair Board has no control over land use problems at the County Fairgrounds except as a recommending body. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. 574 Proceedings of the Board of County Commissioners 22nd day July _ term 19 80 — 19__ Beth Whittier, County Attorney, presented a release from Warmington Avionics, Martin Aviation Corp which states they have fixed the fence where their airplane ran off the run way at the County Airport. They are requesting a release from any claims that might arise subsequent to the accident. The Board concurred not to sign the release. Beth Whittier, County Attorney, stated the next item is a public hearing concerning an amendment to the Road Cut Permit and Road Construction Resolution which was signed August 13, 1979. This amendment was proposed by Mel Atwell, County Engineer, as he has a problem with the interpretation of Section 10 of Bond requirements. This section states 10% of the amount submitted may be retained for a period not to exceed one year as to warrant all work. Mr. Atwell has requested an amendmane which states the County keep all collateral until the applicant has received approval from the County Engineer as to the road cuts. After one year the County will keep 10% of the collateral for one year. Commissioner Williams moved to approve the amendment to the Road Cut Permit Resolution as stated by the County Attorney. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Judge William Jones, Chairman of the Jail Advisory Committee, presented a contract with Alan Gerstenberg and Assoc. for services to be rendered in the planning stages of the jail. One of Mr. Gerstneberger's jobs will be to help select what type of facilities are needed and where is the most appropriate place to put them. Commissioner Williams moved to have the Chairman sign the contract if it is accepted as a legal contract by the County Attorney. The money will be taken from the Public Works fund. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Judge Jones stated the committee does not want to become involved in the library unless it could be a regional facility to solve all purposes of a multi -county area. He requested to redefine the purpose of the Jail Advisory Committee as some of the members might reconsider being members. The Board concurred the committee was only to look at a criminal justice complex or jail. Roberta Depp, Librarian, asked if an in-house study could be done for the library. Commissioner Williams asked if the building could be built and staffed without raising the mill levy. Ms. Depp questioned if they should still work through the Jail committee or with the Board. The Board concurred the Library Board should deal directly with the Board of County Commissioners. He does not want to undertake any further studies until there is indication of a final site from the jail committee. The Board thanked Judge Jones for appearing. There being no further business to come before the Board the meeting was adjourned until July 30, 1980. Chairman Attest: 04�e�gZji�o Clerk to the Board Warmington Avionics Amendment to Resolution Jail Advisory Committee 0 e.........w.... otr¢t na..eoo .•owe..co ow.00, ,tt WRIGHT WATER ENGINEERS, INC. ENGINEERING CONSULT}N1E t•te •.cor. .ottr otNv a. cocowa oo .ota Mr. Bill Williams P. 0. Box 53 Edwards, Colorado 81632 Dear Mr, Williams, June 1, 1976 Glenwood Springs Attached is our report concerning the water rights/water resources analysis for the proposed South Forty Subdivision. We will not proceed in preparing a service plan as per our proposal dated March 24, 1976, until you have had a chance to review this report and we can get together and discuss overall strategy. Our groundwater investigation of the Edwards area to date has concluded that there is a very good chance of obtaining an adequate well for the South Forty Subdivision and it is the opinion of our groundwater people that you can develop an adequate well without performing any "exotic" explorations such as geophysical analysis. If you have any questions please do not hesitate to contact us. WILL: gh 761-17 ct Very truly yours, WRIGHT WATER ENGINEERS, INC. By WXA-letdeI4 William L. Lorah f .[««[.. wuco«e• ue«« •.T«vuo.✓ wpe[w. c. Wn[w• [con «. e•.co..e. GV.D RN1ApL[• l M/e[NCL w.0"[[.•• DELANEY & BALcomB ATTORNEYS AT LAW ORAW[w TDO GLENWOOD SPBINOB. COLOBADO 81601 December 4, 1979 Loring E. Harkness III, Esq. DeMuth, Kemp 6 Backus 1600 Western Federal Savings Building 718 Seventeenth Street Denver, Colorado 80202 Dear Loring: bm COLO ... o.vc«oc .cLLP... p•b D•b.ebro .R4 COO[ J..OJ Re: Edwards Water District i am in receipt of your inquiry dated November 27, 1979, and have been authorized on behalf of Edwards Develop- ment Company to respond by Mike Stover's letter of November 26, 1979. As I understand it, you wish my opinion "concerning title to the water rights relied upon and their availability for municipal purposes" to the Edwards Water District. I understood that your questions had been directed to me because of my past association with Edwards Development Associates as their attorney in charge of processing certain water rights related litigation. Recently this firm, has ob- tained water rights decrees for Edwards Development Associ- ates, in Cases No. W-3133, W-3134, W-3135, W-3136, and W-3132. In the course of that work, we have become somewhat familiar with the water rights of Edwards Development Associates. Your letter of November 27, did not specify "the water rights re- lied upon". I was furnished, however by Mike Stover a copy of a document entitled "Edwards Water District Service Plan" dated November, 1979 prepared by Merrick a Company. That docu- ment at Page 14 lists the following water rights "under which the District will be permitted to obtain water": d'evrelo prr�rit �ciates March 1, 1980 Board of County Commissioners of Eagle County Bagle County Courthouse Anne: Lgle, Colorado 81631 Re: Edwards pater District Gentlemen: This letter 18 to advise you that Edwards Development Associates ie the owner of the following water rights; Name Source Amount Adjudication Appropriation Priority (cfa) Date Date No. South Forty Bell Eagle River 0.67 December 16, 1977 June 15, 1977 - William Ditch Eagle River 0.50 April 19, 1977 April 15, 1968 - 4hie letter is alao to confirm the intention of Edwards Development Associates to convey or lwe to Edwards Water District, when organized, upon mutually agreeable terms, sufficient quantities of water to enable the District to furnish the *me to the inhabitants thereof for domestic, commercial and municipal use -as Provided in the Service Plan for said District. Sincerely, Villiam L. Williams General Partner ' 5.. coumillilm Vr/ IMC. O. INVESTMENT BANKERS Member Midwest Stock Exchange, Inc. 1200 IW NesonN seek Bft Denver, Coimtlo 011202 • Q202) 622-3000 March 1, 1980 Board of County Commissioners of Eagle County Eagle, Colorado 81631 Re: Edwards Water District Gentlemen: We have examined the Service Plan for Edwards Water District. In our opinion, the projected revenues to he derived from ad valorem taxes based on the projected assessed valuations and from connection fees and service charges are reasonable and compare favorably with the projected revenues of other such districts in the state of Colorado. It is also our opinion that based on such revenues, the proposed district will have the ability to discharge its proposed bonded indebtedness as set forth in said Service Plan. Yours very truly, COUGHLIN & CO., INC. Brian C. Curd Public Finance Consultant BOC/48C Cr X i� 11 0 TV 0 0TT H�oJiV r:/ INC. 0 INVESTMENT BANKERS Member Midwest Stock Exchange. Inc. Imm FW0 Nrbml evert Mas. June 10, 1980 Mr. Mike Stover Edwards Nater District 561 So. Ogden Denver, CO 80219 Dear Mikes At your request I have examined the financial statements of the Lake Creek Meadows Nater District (the "District") to determine the feasibility of their issuing General Obligation Nater Bonds to finance .your project's water system improvements. I do not feel that the District is bondable at the present time. ' The District has, in the past, been unable to generate sufficient funds to pay matured interest coupons on its outstanding general obligation bonds. The District has also been unable to generate sufficient cash flow to meet its current operating requirements and has operated at a loss in previous years. Also, the District's assessed valuation is too low to take on significant additional debt and, in the event that development does not take place after the issuance of bonds, the additional burden of the increased debt service would be very expensive indeed for the present residents of the District. It is my recommendation that you proceed with the creation of the rdwards Nater District. This will ensure that your project will pay for itself and not burden the residents of the Lake Creek Meadows Nater District with additional debt that they cannot afford. Sincerely, BCC/dsc a/, CODGEQ.IN i CO., INC Public Finance Consultant si Arrowhead Berry Creek Proceedings of the Board of -County Commissioners 30th day JIly term 19$D Present Dale Grant Dan Williams Keith Troxel Beth Whittier Chairman Commissioner Commissioner County Attorney SPECIAL .MEETING Terrill Knight Susan Vaughn Johnnette Phillips Mary Merkling Planning Planner Clerk to C.S.R. Director the Board This being the day set aside for planning matters the following items were presented, to wit: 19 -- Terrill Knight, Planning Director, discussed the motion concerning two access -points into Bachelor Gulch. The Staff believes the following problems concerning Bachelor Gulch should be addressed: 1. Impact on wildlife 2. Buffer area concept as it applies to the Open Space Plan 3. Visual impacts 4. Two points of access Mr. Knight advised clarification is needed whether two access points mean one from Beaver Creek and one through the route proposed or alternatives to that effect. The Staff feels development is inappropriate in Bachelor Gulch due to the consideration of the above four issues. He advised the Board's primary concern, at the previous meeting, was the road and access. Fred Green gave background information on the project. At the first meeting concerning this matter the applicants had requested one single access into Bachelor Gulch. At that time it was believed the Board was not totally against one access. Mr. Green stated the applicants are convinced the Arrowhead project will be enhanced by some development in Bachelor Gulch. Mr. Green presented a proposal to eliminate one road. He requested the Board's assistance in acquiring rights through Beaver Creek from Vail Associates. The applicants would then build approximately 300 multi- family units with a density of approximately 10-15 units per acre: in Bachelor Gulch and 1600 units on the Valley floor. Mr. Green related if they cannot build in Bachelor there will have to be alot more than 1600 units on the Valley floor. It is currently zoned for 2705 units. Commissioner Troxel advised he had made a motion, at the last hearing, for duel access. It is difficult to give direction, at this time, as far as policy is concerned. He feels the new plan is better but the motion was made for two accesses. Commissioner Troxel gave direction, as one Commissioner, that if the County Engineer stated the access from point A to point B on the plat would make an acceptable County road and not tear up landscaping, it would -make alot more sense. Commissioner Williams stated it will take some time to contemplate this new concept. This should be discussed with V.A. and time taken to determine if the Board can help acquire the right-of-way. Fred Otto advised there is an old County right-of-way that was created in that area between Mr. Nottinqhai and Mr. Dodo and has never been abandoned. It would take affirmative action from the Board to abandon it. Chairman Grant believes there are several items that need to be addressed and it should be taken to the Planning Department to see what can be worked out with U.A. Terrill Knight advised today a clear resolution on the road is needed. There is also a clarification needed on what Arrowhead means by County involvement concerning taking this item to V.A. Fred Green advised the Board needs to issue a Resolution of whether the road could exist if the Board was in favor of development in Bachelor Gulch and how to perfect the access. Discussion followed on the trade-off of development in Bachelor Gulch with less development on the Valley floor. Chairman Grant stated there are alot of unanswered problems. Mr. Green questioned what the applicants could do to satisfy the Board's concerns. Commissioner Troxel stated some of the concerns could be answered if: 1. V.A. would send a letter stating they will give access. 2. The Staff, after looking at the revised plan, stated it was acceptable with only one access 3. The wildlife impact could be mitigated Mr. Green advised this could be postponed for a few days to allow the applicants to work with the Staff fpr further evaluation of the proposal. Commissioner Troxel moved, in regards to the Arrowhead discussion held today, the Staff meet with the developers on the week of the 4th through the 8th to evaluate the proposal made today. The Staff will return with a recommendation on August 11, 1980 with the time being determined by the Staff. Commissioner Williams seconded the motion. Commissioner Troxel amended his motion to state Staff will include in the legal part of it, to try to _ either verbally or by written indication contact V.A. to see of they can attend the work session or respond why they will not give access to the property. Commissioner Hilliams seconded the amendment and the vote was was declared unanimous. Terrill Knight, Planning Director, advised Mr. Green had requested to discuss the timing of the second access point out of Berry Creek Development, which is under the interstate between Highway 6 & 24. This was scheduled to be developed after the first and second filings. Mr. Green has requested to amend the plan to state the road will be in at a date not later than September 1, 1981 as opposed to at the time of sale of a certain number of units. Mr. Green explained that basically their committment in the Berry Creek deal was to build the road this summer. They are now requesting the County permit them to delay construction of the road until September 1, 1981. They only anticipate one building to be built this summer which is the club house building, but no homes. Chairman Grant feels if there is no use for the road there is no reason to build it this summer. Commissioner Troxel moved the Board allow the Berry Creek Ranch Company not build the second access until September 1, 1981 at which time it will be completed. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Floor area ratio Terrill Knight, Planning Director, stated the next itm is a clarification of the difinition of floor area ratio. He presented the definition which he feels is incorrect because of a typographical error. (see exhibit; Brian Haas, Building Inspector, explained the floor area ration definition. In changing to the present Resolution one line -was deleted. The effect of that deletion removed from the floor area ratio calculations vent shafts, courts, unenclosed balconies and terraces. The wording of this Resolution also excludes basement! garages, uninhabitable, or unuseable areas below ground rather than including them. Commissioner Williams moved for the Zoning Resolution and clarification of the floor area and true basementbe included which are paragraphs 4 & 5 on a document identified as Commissioner Exhibit #1 for the hearing today on Zoning Resolution clarification. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Abatement Beth Whittier, County Attorney, presented a petition of abatement for Slifer & Co. The description of property is personal property in a real estate office. The reason for this petition is the real balue was used and not the assessed value. The original value was $34,300.00 with a tax of $2,767.33. The abated value is 419,160.00 with a tax of $ 1,545.83. This leaves a balance of $15,140.00 and a tax of $1,221.50. 9-96 Proceedings of the Board of County Commissioners 30th day___ iulv _.___term 19--n- The County Assessor recommended this abatement be allowed. Commissioner Troxel moved to allow the abatement. Commissioner Williams seconded the motion and the vote was declred unanimous by the Chairman. 19___ Arnold Nottingham appeared and presented a map with eight acres of land near the W.ilmore Bridge. Mr. Nottingham advised he had made application to the State Land Board to lease this land. They informe him it would have to be taken to the Board of County Commissioners. The Board agreed to allow Mr. Nottingham to pursue this project if the State Land Board agrees to lease the land. Commissioner Williams suggested drafting a letter to the State Land Board advisinq they control the leas but it will come under the Land Use Regulations of Eagle County to determine the appropriate use of the land. At this time the Board of County Commissioners adjourned and reconvened as the Board of Equalization. Beth Whittier, County Attorney, advised the County has received three petitions requesting the County Board of Equalization review the decision of the Assessor for the assessed evaluation for 1980. The first one is from Roger Brown. His petition states his objection is inadequate consideration of solar energy features, inaccurate estimated measurements of greenhouse, and percentage of completion more than actually completed. Mr. Brown and the County Assessor were sworn to testify by the County Clerk. Roger Brown advised he has a greenhouse which is three stories hiqh but has no floors. It is 416 square feet which would make the total house 6000 square feet. Mr. Brown stated, in regards to completion, using the figures of 6000 square feet, 2647 square feet are in various stages of completion but still incomplete. Mr. Brown believes the real issue is that his is the first 100% solar energy house in this county. He advised he had talked to people at the State level and was encouraged to appeal for lower taxes. The County in appraising this building has taken the lowest encouragement of solar housing. Mr. Brown discussed the methods of heat retention in his house. Chairman Grant discussed the people who can barely pay their taxes and he could not feet jusitified to allow a reduction of taxes because of experimental stages of solar energy. Mr. Brown stated the intent of the State law is to encourage development of solar energy experiments by people who can afford it. Chairman Grant advised the Commissioners have an obligation to the County to collect taxes to operate the County in the best way possible. Ella Bindley, County Assessor, advised she is only assessing the building at 80% completion which she believes is fair. The greenhouse was assessed as two stories. If it had of been assessed as any other greenhouse to include all of the glass it would have been assessed much higher. Mrs. Bindley advised she had consulted people from the State Tax Commission and was advised to assess this solar house the same as any other house. The section of the law which states solar houses will be assessed at 5% instead of 30% has been rescinded. If this house had been assessed by concrete it would have been thousands of dollars more. It was assessed at $82,000.00 less than Mr. Brown stated he has in it. This has been treated as any other class 12 house. Mrs. Bindley stated if the swimming pool is used to swim in, even though it is part of the solar system, it must be assessed as a swimming pool. Chairman Grant feels this would be a case of absolute discrimination against people who cannot afford solar systems. Commissioner Troxel stated he would like to see the applicant take this to the State Board of Equalizatic and let them make the decision. The Board of County Commissioners cannot rule on this request as a policy decision. Commissioner Williams moved to refigure the greenhouse to eliminate one floor. The request for solar heating purposes be denied and sent on to the State. Beth Whittier, County Attorney, advised two seperate motions were needed. Commissioner Williams withdrew his motion. Commissioner Troxel moved to approve the request in so far as adjustment of square footage of the greenhouse is concerned in the application of Mr. Brown in his solar home. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved to deny the adjustment for solar heating as the whole act is unclear. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Beth Whittier advised the next petition is from Mountain Hiqh Properties % Robert Serafin. The reason for the petition is,.the lots are not available for construction and are valued similarly to lots costing twice as much in Vail that are buildable. Mr. Serafin feels it is unfair to place such a high evaluation on these lots. Evaluation should not have been charged until they were ready for building. Ella Bindley, County Assesor, explained why she had assessed the property at that value. She recommen the petition be denied. Commissioner Troxel moved to deny the petition. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Ms. Whittier advised the next petition is from Robert & Betsy Serafin, The property description is Lot 12 Block 2 Vail Filing #3. The petition states the Serafins are objecting to the assessment because the comparible peoperty is much lower. They have owned several units in Booth Creek and only this one has been taxed so high. Mrs. Bindley stated the building is assessed correctly. There were some in the area that were taxed too low but will be corrected by 1981 to keep equalization. Mrs. Bindley recommended this petition be denies as it was correctley assessed. Commissioner Troxwl moved to deny the petition. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Lease Roger Brown Mountain High Properties Robert & Betsy Serafin Request: Final Plat review of 7 units ISu-103-80-F Location: Lot 1, Block 5, Vail Intermountain Associates Creekside Susan Vaughn, Planner, advised the next tiem was the Creekside Associates. Associates Tom Boni, Assistant Planning Director, advised this application concerns a final plat review of seven units located in Vail Intermountain at the end of the frontage road. The Planning Commission recommended denial as the parking enfringed on the pedistrian and green belt easement. Mr. Boni advised the Board had tabled this item and asked that the developer revise his parking plan. The Staff recommends approval of this application. Commissioner Williams moved Su -1-3-80-F Creekside Associates be approved. Commissioner Troxel seconded the motion and.the vote was declared unanimous by the Chairman. i 0 P7 COMMISSIONER'S EXHIBIT #. 1 Floor Area Definition Clarification The definition as found Zoning Resolution 19 Oct. 1974, amended 2 Ap. 1975 2.02.32 Floor Area: The sum of the gross horizontal areas of all floors of a - building, including habitable or usable penthouse, attic space and lofts, This line deleted..... but not including vent shafts, courts, unenclosed terraces and balconies or other uninhabitable or unuseable areas below ground or in attics, and not including basements or areas designed for parking or loading within the building. Which produced our present wording in the current Zoning Resolution: 2.02.33 floor Area: The sort of the gro;s h�rizrntat areas ff all floor of a Gdildi Tq. Tncloding Fabitablr or usable -'-tic :rare end lofts, or other uninhabitable or w•:r caYe area -.n cnl,s .rc,nd cr in ,U;cs. and not including basecnts or areas desiennd for caking or letdirq within the building. To rewrite the current section 2.02.33 to read more clearly,: Floor Area; The sum of the gross horizontal areas of all floors of a building including habitable or usable penthouse, attic, and loft spaces, and including uninhabitable or unuseable areas below ground and in attics, and not including basements or areas designed for parking or loading within the building. To reword once again for readability and clarity: Floor Area: The sum of the cross horizontal areas of all floors of a building - including penthouse, attic, loft, and storage space reguardless of the location or useability of the space within the structure. True basements and areas designed for parking or loading within the building are not to be included in floor area calculations. This makes necessary a definition of True Basements: True Basement: Floor area below grade where the walls extend not more than 12 inches above finish grade. In cases where any part of the basement wall extends above finish grade more than 12 inches the entire basement floor area shall be included in the floor area calculations. Proceedings of the Board of Connty Commissioners 30th day July term 19 80 577 19` Su -99-80-F Request: Final Plat review of 8 units Par Six Location: Lot 73, Block 3, Eagle Vail #1 Tom Boni, Assistant Planning Director, advised the next item was the final plat for Par Six. Mr. Boni stated this was a final phase of multi -family tract in Eagle -Vail. The final plat is in order and does reflect the preliminary plan as approved by the Board. Commissioner Troxel moved Su -99-80-F be approved. Commissioner Williams seconded the motion and the vote was declared unanimous. Su -114-80-F Request: Final Plat review of 3 duplex lots, 1 single family lot and 1 multiple family lot The Ridge Location: Parcel A, Lions Ridge Filing #2 (eastern end of the Valley PUD) Tom.Boni, Assistant Planning Director, advised the next item was a request for final plat review of the Ridge. This is the first final plat of the second revision of the Valley. Mr. Boni advised the developer previously requested an exemption plat which created four or five parcels within the Valley which could proceed on different time schedules of development. At the same meeting the applicant agreed to improve Lion's Ridge Loop Road as it passed through the entire length of the Valley. The improvements consist of 6' shoulders on either side with the appropriate drainage structure. It also clarified the number of units and amount of floor area allowed to be constructed. Mr. Boni stated this final plat does comply with the agreements that have been made in regards to improvements of the road and floor area and units. There will be six multi -family units on Lot 5. Beth Whittier, County Attorney, requested to go through the Subdivision Improvements Agreement with the Board to make them aware of certain items. The first item is there is a provision that if the subject subdivision is annexed into the Town of Vail, the subdivider shall have no further obligation to the County and the County shall release any collateral. Ms. Whittier advised if the Board approves this provision they should write a letter to the Town of Vail advising when and if they annex they should require collateral as the County will not be holding any. Ms. Whittier advised the applicant will give the County a check for $172.00 for the off 'site impacts. The applicants have stated they shall then have no further obligation to the County. The Subdivision Improvments Agreement stated the County shall, at the sole cost, within twenty four months construct these improvements. If this is not done within 24 months the County shall return the money to the applicant. The Board concurred 24 months would not be.enough time. Jay Peterson explained the request for 24 months but advised it is not necessary to stick to that particular amount of time. Bill Post explained why the time schedules are included in the Subdivision Improvements Agreement. Tom Boni advised the Planning Staff recommended approval of this project as it has complied with the preliminary plan. Staff does have references to all documents that were submitted with the preliminary plan. Tom Post presented checks for the off-site impacts, School Land Dedication, and Deed of Trust for collateral. Commissioner Troxel moved_ Su -114-80-F be approved with the record reflecting the concern of the Board on money being gathered in on off-site will be placed in the public works fund.: This Subdivision Improvements Agreement is not an indication of a general policy decision concerning off-site impacts but only of this item alone. The agreement will be extended to 48 months concerning the County's obligation to do these particular off-site impacts. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Michael Perkin Jim Williams, Zoning Inspector, appeared to discuss an Easement vacation of lots 37 & 41 Block 3, Easement Eagle -Vail #1. Vacation Mr. Williams explained this item had been tabled for a previous meeting to allow the engineer from KKBNA time to evaluate and formulate a clear cut proposal. John Fleck, KKBNA, appeared and advised the Board that with the flood plain studies and regulations pending the proposal was not complete. Mike Perkins, applicant, requested the hearing of this item be tabled. Commissioner Williams moved the hearing for the easement vacation of Lots 37 &41 be tabled at the applicants request until August 11, 1980. Commissioner Troxel seconded the motion and the Chairman declared the vote uanimous. Su -122-80-F Request: Final Plat review of 16 single family lots Selby Final Location: Lot 20, 21, Section 1, T5S, R81W ( East of the Valley PUD) Plat Tom Boni, Assistant Planning Director, stated the next item on the agenda was a request for final approval of The Selby Plat. Mr. Boni pointed out the location of the property. Mr. Boni reminded the Board of transactions of Lot 8 being purchased in order to enlarge lot building site. The preliminary plat has been approved. One issue Mr. Boni believes may be a problem is that Lot 8 is a steep building site and fairly removed from the cul-de-sac. Approval of a drawing for the driveway design has been submitted. A Subdivision Improvements Agreement has been submitted which includes on & off-site improvements. Mr. Boni stated the Planning Commission had recommended approval of the final plan with the following conditions: 1. Driveway profiles to Lot 8 become an addendum to the final plat and be referended on same 2. Applicant work with Board of County Commissioners on Agreements for school land dedication and proportionate share of off-site road impacts. Stuart Brown, attorney representing Dean Knox, protested the approval of the Selby Final Plat, stating Mr. Knox desired to appear at the Planning Commission meeting and state his concerns. He had been informed the hearing for this item had been tabled. Mr. Knox had never received notice of the proceedings when the hearing was actually held. Susan Vaughn, Planner, presented affidavits from the Eagle Valley Enterprise and the Vail Trail stating legal notice was publishished December 13, 1979 for the Planning Commission for the Selby zone change application. She presented an affidavit from the Eagle Valley Enterprise showing that on January 10, 1980 public notice was published for a County Commissioner hearing to be held February 11, 1980. Ms. Vaughn presented the following letters regarding the same,.file number: 1. Dean Knox dated 12-26-79 2. Dean Knox & Don Carpenter 3. Stuart Brown The Staff believes the applicants had sufficient notice as legally required for the zone change. There is no notice required for subdivision action. Mr. Brown contested the procedure. His client had represented to the adjoining property owners the property would not be developed. .Mr. Brown requested the Board to withhold their decision on the final plat until his client could make a presentation as he believes he did not receive sufficient notice. Beth Whittier, County Attorney, gave her opinion that sufficient notice was given. Jay Peterson and Tom Post objected to Mr. Brownts request. Commissioner Williams moved to approve and sign the final plat with the mylar being recorded for the construction of the road to Lot 8. Commissioner.Troxel seconded the motion and the vote was declared unanimous by the Chairman. 578 Proceedings of the Board of County Commissioners 30th day . July term 19_So 19 Request: Special Use Permit to expand an existing five space mobile home park by 1 space Location: Lot 1, in the Longview Subdivision at the eastern edge of the Town of Gypsum Susan Vaughn, Planner, advised the next item was a request from Charles Thompson to expand an existing five -space movile home park in the Longview Subdivision. Ms. Vaughn advised a SUP was previously granted for a five -space mobile home park. One of the spaces include the house in which the applicant, Mr. Thompson, lives. Mr. Thompson proposes to build a house for himself and keep the movile home he is living in. He qould be allowed to construct a new house with a temporary permit but the mobiel home would have to be removed. Ms. Vaughn presented a letter from Darrell and Charolette White objecting to the addition. Staff recommends approval of the SUP. The Staff's interpretation of expansion of mobile home park is if it is expanded it must be five acres of land. Leaving the fifth mobile home does not constitute a major density increase and the Staff believes this is an appropriate use. Commissioner Troxel moved Zs -122-80 be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: Zone change from R to RR Location: One mile west of E1 Jebel, South side of Highway 82 Susan Vaughn, Planner, advised the next item was a request by Southside Ventures for a zone change from Resource to Rural Residential. Ms. Vaughn advised the Staff originally recommended denial of this zone change because they felt it was outside the sphere of influence of the El Jebel area. The Planning Commission felt it was not necessarily incorrect to have that type of conffiguration as all land on the County line is zoned as 2 -acre zoning. The Planning Commission held up this zone change so it could proceed with the subdivision request so the County could be assured there would be larger lot sizes. Although, the only way to insure this is with a plat restriction. The Planning Commission recommended approval of this zone change. Mr. Liston, representing the applicant, discussed the lot sizes and advised if considerable expenditures for road improvements have to be made the small] number of lots cannot be justified. Commissioner Williams stated the application needs to be reviewed honestly and realize it is a two -acre zone. Ms. Vaughn advised the Staff recommended denial of the Rural Residential zone. But there is some question because if El Jebel Water and Sanitation District would be put in it might be better to go to a higher density. Staff still feels Rural Residential is not the best use. The Planning Commission felt it was appropriate because of the land uses in Garfield County. Don Sullivan, representing adjacent property owners, spoke of the larger lot approval of his property next to the property being discussed. Ms. Vaughn advised the only way to control the size of the lots is to have a plat restriction prohibitin further subdivision. Commissioner Williams stated this could be done at subdivision stage but the Board does not want to preclude any options the Board has to mitigate road impacts or anything else that might raise the cost of the lot. Commissioner Troxel advised the Board has established policies in the past for developers improvements on roads in areas where there is alot of density. As one Commissioner he cannot change this policy as he feels it is still appropriate for the sake of the property buyers. Commissioner Troxel moved,aat the applicants request, the zoning item Zc-125-80 be tabled until August 11, 1980 at which time the Board will rule on both items and try to determine ways to keep the lot sizes the same, if approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: To subdivide 54 acres into 7 single family homesites Location: Lots 9 and 10 of Section 33, Lot 13 in Section 34, T5S, R87W (approx. 1 mile west of E1 Jebel) Commissioner Troxel moved Sm -187-80 Arlene Ranch be tabled until August 11, 1980 at the request of the applicant. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: to subdivide a 26 acre parcel into six homesites Location: Approx. 2 miles west of E1 Jebel between Highway 82 and the Roaring Fork River Tom Boni, Assistant Planning Director, discussed the Gabossi Subdivision which is the adjoining property to the Arlene Ranch. Don Sullivan, applicant, discussed the internal roads of the subdivision and pointed out the location of the property on the plat. Mr. Sullivan questioned what the County requirements for this road would be. He advised there is road base there and he would like to put in gravelled roads to the lots. Mr. Boni advised the current subdivision regulations state all private roads will be built to County standards. Discussion followed on road standards for different types of roads. Commissioner Troxel stated if the size of the lots remain as they are now it would be up to standard without paving. If they lot sizes are ever changed paving would be required. Commissioner Williams feels they should be local roads with paving. Chairman Grant agreed to making them local road standard with no paving. Request: Legal establishment of lot lines Location: Tract 39 of Section 3, T8S, R87W 1 mile east of El Jebel on the Tree Farm Road Tom Boni, Assistant Planning Director, stated the next item was the Jacobi Subdivision. The request is to legalize a parcel of land along the Tree Farm Road. Mr. Boni advised this request results from a building permit application that was denied because of an illegal parcel that was not created to subdivision purposes. The Planning Commission recommended approval with the following conditions: 1. Plat restriction be added to the final plat stating that any future septic systems must be engineer - designed. 2. A school land dedication fee be paid 3. An agreement be reached with the Basalt Water Conservancy District for an alternate water supply. The Staff recommends this item be tabled until the conditions could be met. Commissioner Troxel moved Sm -190-80 be tabled not to exceed 30 days but at such time as the applicant can show an agreement has been reached with the Basalt Water District on an alternate water supply. A plat restriction shall be added to the final plat stating any future septic systems must be engineer -designed. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: To subdivide dupleX lot in Eagle -Vail Location: Lot 13, Block 3, EAgle-Vail #2 Tom Boni, Assistant Planning Director, advised the next item was the Sun Tech Minor Subdivision. Mr. Boni stated the Planning Commission recommended approval of this minor subdivision. The Staff also recommended approval. Commissioner Troxel moved Sm -191-80 and Sm -192-80 be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Zs -122-80 Charles Thompson Zc-125-80 Southside Ventures Sm -187-80 Arlene Ranch Su -143-80-S Gabossi Sub Sm -190-80 Jacobi Subdivision Sm -191-80 Sm -192-80 Sun Tech Minor Subdivision Proceedings of the Board of County Commissioners 30th day_ Jul y term 19 so Se -227=80 Lake Creek Ranc Dept of Hiways MHP Aspen/Basalt MHP Eagle River MHI Malpais MHP Request: Rural homesite for Hollis Allen i Location: MW'„ SE;,SW'; Section 5, T5S, R82W Tom Boni, Assistant Planning Director, advised the next item on the aq_enda was the request is for a rural homesite exemption on the Hollis Allen Ranch. Mr. Allen has sold the rest of his property but wants to hold back a 10 acre parcel Mr. Boni advised the Staff and the Planning Commission recommended approval. Commissioner Williams moved Se -227-80 be approved. k 19— Lake Creek Ranch. The for himself. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Susan Vaughn, Planner, advised the next item was the mobile home park licenses. The followinq three mobile home park licenses were not approved at the last mobile home park hearing because they had not met the requirements: 1. Aspen/Basalt MHP 2. Eagle River MHP 3. Department of Highways MHP at Basalt Ms. Vaughn advised the Department of Highways MHP was not approved because they needed a plan of complia ,on a failed septic system and some numbers needed to be replaced. Ms. Vaughn stated the numbers have been replaced. The Staff has received a letter stating Eldorado Engineering had done a study for a new lift station and leech field which will cost approximately $30,000.00- $35,000.00. They are requesting to keep their present system in compliance until there is a new sewer treat- ment plant in the E1 Jebel area. The Staff recommends approval of this license. Commissioner Williams moved.to approve the license for the Department of Highways MHP. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Ms. Vaughn advised the Aspen/Basalt MHP was denied because they had not conformed to a landscaping plan which was agreed to. Ms. Vaughn stated most of the work has been completed and they are in the process of doing the landscapinc One problem Erik Edeen, Health Officer, has is the sewage running into the river. Discussion followed on jurisdication of sewer problems. The Board directed Mr. Edeen to follow up with the State. Commissioner Troxel moved to approve the license conditional upon the park owner submitting a State report advising they have in fact taken care of it for the Health Safety, and Welfare of the County. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Ms. Vaughn advised the next item was the Eagle'.River Mobile Home Park license. This license was denied for the following reasons: 1. no application for renewal 2. Landscaping not completed 3. no settlement basin has been constructed 4. drainage system as designed did not work 5. Roads need to be completed and repaired 6. Illegal access onto Highway 6 needed to be closed 7. revegitation of hillside cut needed to be done 8. Concerns about sanitation system 9. numbers need to be replaced 10, reports of dogs running loose 11. screening of fence or trees along highway 6 are non existant Ms. Vaughn advised at the last meeting the Board gave approval for the owners to construct a Russian Olive Hedge along Highway 6. The hedge will be 4 foot high and 4 foot on center. Erik Edeen, Health Officer, stated there has been no sediment pond put in. There is a 24:,foot culvert filled with a foot of sediment. Tli-exe are problems of erosion on the road and concrete. The lift station is malfunctioning causing sewage to back up and run across the ground. Ms. Vaughn stated the roads in the new section have been completed and repair work is completed. There has been work done on the illegal access by putting berms on two of them and rocks and ditches. There needs to be something permanent at the illegal accesses. The revegitation of the hillside cut has not been done or started. Ms. Vaughn presented a letter of concern from a resident regarding no playground on one side of the park and concerns of the swimming pool not being in good working order. Ms. Vaughn presented a complaint filed with the Enviromental Health Office on June 13 concerning street lights being out, junk cars on the streets, dogs running loose, and inadequate water pressure. Charles Rosenquist, owner, advised the approved hedge has been ordered and will be put in before fall. He suggested adding more rocks to prevent the illegal access. The water pump has been replaced and there is no water pressure problem. The park is on a watering schedule. Mr. Rosenquist stated the sediment basin has been enlarged and rocks put in it. There are no new dogs being allowed in the park. The revegitation of the hillside was started and then two tanks collapsed. The tanks have to be dug out and replaced with new ones. Mr. Rosenquist discussed the agreement between the Upper Eagle Valley Sanitation District and Ealge River Mobile Home Park. The timetable for it is for Upper Eagle Valley to take the system over on September 1, 1980. Mr. Rosenquist stated they would be willing to put up mesh on the hillside cuts to help hold materials during the Spring runoff. Erik Edeen feels the applicant should clean out the culvert. John Phillips, Manager, stated the applicants property does not allow enough room to put a sediment basin in on their own property. Ms. Vaughn stated the Staff feels there are several concerns that have not been addressed. Commissioner Williams still feels both the fence and the hedge should have been required as people are crossing indiscriminatly. The hedge will not grow enough to do any good by this fall. He does not feel the rocks will keep people from using the illegal access. Chairman Grant suggested applying fines if the applicant does not comply by September 1, 1980. Ms. Vaughn advised today is the last day for compliance and the regulations state the County may begin imposing fines up to $100.00 per day. Commissioner Troxel moved Eagle Rover Mobile Home Park license be denied. The hedge requirement must be met by September 1, 1980. The sediment pond issue has to be decided. The illigal access problems must be brought into conformance within 30 days. The revegetation of the hillside must be done by revegetation or holding material to hold the bank and must be done by September 1, 1980. If these items are not done the County shall impose a maximum fine per day. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Susan Vaughn, Planner, stated the next mobile home park, Malpais MHP, has not been before the Board previously. Ms. Vaughn advised they have received their SUP, approvals for their sketch and preliminary plans and have been constructing the park. They are requesting approval for 26 spaces. The Staff has inspected the park and it is not nearly finished. The owners have put cinders on the road and will pave it at the end of the constructio. The water and sanitation are installed and in working order. The sign they have up is not in compliance. 580 Proceedings of the Board of County Commissioners 30th day—ju y , —_____term 19 8o 19 -- Ms. Vaughn stated the Staff has no problem with licensing 26 spaces. Erik Edeen, Health Officer, advised there have been some illeqal trailers parked in the park in connectic with the Highway job. They need some approved spaces to eliminate the illegal sites. Ms. Vaughn advised the applicants are requesting licenses for sites 38 & 39 & 45-69 at the Malpais MHP. Commissioner Troxel moved to approve a partial license for spaces 38, 39, & 45-69 at the Malpais MHP. Commissioner Williams seconded the motion and in discussion stated this does not relieve the applicant of any responsibility. Commissioner Troxel amended his motion to state this is a conditional approval upon proof being given to the Staff of good access in both lanes to those particular spaces. Commissioner Williams seconded the amendment and the vote was declared unanimous by the Chairman. Susan Vaughn, Planner, advised the next item was the Schmidt-Tiago Construction waiver. T.C. Ledgerwood, representing Schmidt-Tiago, advised they are requesting an interpretation of whether they need a SUP for the asphalt plant since there is already a SUP for the pit. The pit has been operated for at least ten years and there have been plants in and out of this particular pit. Mr. Ledgerwood advised the State has three jobs at the pit. Schmidt-Tiago would be happy to supply an Enviromental Impact Statement if necessary. They will only be using this pit for a short period and it will not be a permenant operation. Mr. Ledgerwood questioned if the Board would consider the original Jouflas SUP being used. Ms. Vaughn gave the background of the SUP when the State had an asphalt plant in this pit while doing I-70. When the State completed the project Mr. Jouflas applied for a permit for gravel extractions. The permit does not mention an asphalt plant being allowed. Ms. Vaughn presented the following letters: 1. Town of Avon- recommending this be allowed with the EIS being_ waived. 2. Colorado Department of Highway- recommending approval 3. Town of Meeker - recommending approval The Staff believes, in light of other requirements the County has made on other qravel pits in the past, a SUP is needed to allow the asphalt plant. An Enviromental report is also required. Commissioner Troxel moved the application from Schmidt-Tiago Construction of a waiver of the SUP process be denied. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Mick Kasher, Administrative Assistant, presented the Eagle County Airport Supplemental Appropriation Resolution for airport improvements. He advised this Resolution appropriates money from the Public Works Fund for the matching money in the F.A.A. grant. Commissioner Troxel moved the Board sign the Public Works Supplemental Appropriation Resolution in the amount of $110,356.00. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Mr. Kasher advised the next item deals with the grant itself. Mr. Kasher advised the County had received three bids for the airport. The lowest bid was from Flat Iron Paving. What needs to be done now is to award the contract for construction to the lowest bidder and obtain the necessary signatures on all the documants. Flat Iron has indicated they would like to proceed on August 11, 1980. Commissioner Troxel moved to have the Chairman sign the contract and documents. Commissioner Williams seconded the motion and the vote was declared unanimous by the Chairman. Terrill Knight, Planning Director, advised the next item was an informational meeting with Don Welch regarding the Edwards area. Mr. Knight advised several members of the audience who had been waiting to hear this item are requesting it be taken another day. Commissioner Troxel moved item "c" of "other" be continued until the next planning day on August 11, 198( Commissioner Williams seconded the motion and the vote was declared unanimous. Terrill Knight, Planning Director, advised the next item was a discussion on Reudi Shores area. Nelson Fagerbeger advised this request concerns the application for an amended plat to provide a legal access to a 20 acre tract of land which is known as the 4lindward Ranch Subdivision. Mr. Fagerbeger advised the subdivider had come before the Board and was granted approval for making his road private. No one had knowledge of this until a building permit was applied for. Mr. Fagerbeger stated they have made an agreement with the new owners of Reudi Shores to purchase a right-of-way through Reudi Shores subdivision. Tom Boni, Assistant Planning Director, stated Windward Ranch is land locked. The applicants are proposing a replat of the existing road. This plat will be of record and show the cul-de-sac connected to Reudi Shores Road. The Staff feels this is an appropriate solution to the land lock. Commissioner Troxel moved to approve , -the Windward Ranch #1 replat in regards to the vacation of certain lot lines and the structure of a different road assembly in that particular filing, conditional upon receiving a guarantee of public access and plat checking before signing. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Jim Williams, Zoning Inspector, advised Ryan Rapp, President of Resort Company of Beaver Creek, is seeking clarification on a.zoning rule as it relates to parkinq around a site in Fagle-Vail which they would like to use as a temporary bus maintenance facility. Mr. Williams advised this was the new building in the business center. The last building was put in in such a manner that the potential maximum use of the building, under parking requirements, would allow them to use a wholesale and manufacturing regulation. Mr. Williams read a letter describing the proposal. Mr. Williams advised he had indicated to Beaver Creek that the Staff does not have the authoritv to grant a double-loanding function. Discussion followed on how parking can be acquired. The Board concurred there is a double loading standard of the parking regulation and Beaver Creek may proceed into a lease with the owner of the building. The Board directed the Staff to issue a buildinn permit to Reaver Creek. Tom Boni, Assistant Planning Director, stated the next item was the Eagle Hills plat. Mr. Bonis advised the final plat had not been sinned until the formal Subdivision Improvements Aareement is presented-. Beth Whittier, County Attorney, advised she had written a memo to Tom Roni & Mel Atwell regarding her concerns about the Subdivision Improvements Agreement. Ms. Whittier advised the Board of her concerns listed in the memo. Mery Lapin discussed the off-site impact costs. Ms. Whittier discussed the subdivision improvements stating Lots 8 & 9 will be given as collateral along with a promissory note. She presented the agreement between the Town of Fanle and Gershon, Ltd. in regards to the fiving of water in exchange for the site of the water tank on Lot 8. Schmidt-Tiago Construction Resolution Don Welch Reudi Shores Reaver Creek Fanle Hills t Proceedings of the Board of County Commissioners 30th day July term 19 aD 19— Appeal: Claude Wood Flat Iron Pavinc + John Siverly Don Welch Hansen & Hansen I + Ms. Whittier advised in her legal opinion the Countv should not be made an enforcing party to any agree- ment between the Town and the subdivider. Discussion followed on the Deed of Trust and promissory note and if the Deed of Trust on Lots 8 & 9 would be appropriate. Ms. Whittier stated the questions the Board needs to address are: 1. Should the $6,000.00 be in addition to the $60,000.00 2. If the Board wants to be an enforcing party to the agreement between the Town of Eagle and the Subdivii 3. If the Board will accept a non-recourse promissory note. The Board concurred on the first issue they would accept a flat $60,000.00: They do not want to be an enforcing party to the agreement and they will only accept a full recourse promissory note. Susan Vaughn, Planner, advised the next item was an appeal by Claude Wood. Ms. Vaughn explained Mrs. Anderson, the original owner, had pursued an exemption, several years ago, for Mr. Wood to some of her property up Gypsum Valley Road. Mr. brood operated a home business opt of one of the houses. Since this time Mrs. Anderson has sold her property and at this time any-retail=sales'is a special use. The Staff advised Mr. Wood he would need a Special Use Permit to operate the honey and leather business. Jim Williams, Zoning Inspector, advised there is also a clarification needed on the Anderson Exemption. When the exemption was applied for the applicant drew a map showing the parcel on the right side of where it is now. Through a number of errors it ended up on the other side. Claude Wood, applicant, explained in 1975 he bought a parcel of land from Mrs. Anderson to build a building for his honey operations. When he applied for the various exemptions and variances needed to get a building site for .4 acre he originally applied for a parcel on the right hand side of the house he was living in. Due to an akward configuration of the boundary, the Staff suggested he purchase the land on the left side as it was more of a rectangular shape. When the Staff recently pulled his record they found the site variance was granted for the original parcel he applied for. The Staff recommended he present a legal description of the .4 acres he owns now. Mr. Wood does not feel he needs a SUP for his honey operation as it is an agricultural product and it is an allowable non -conforming use. Ms. Vaughn advised that at one point in time in a resource zone it was a use by right to sell agricultura products. It has now been changed to be a special use. Commissioner Williams moved the honey operation for Mr. Wood be determined as a pre-esistinq non-conformii use and allowed on the subjects property to continue without a SUP. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams moved to allow the leather shop in his home to continue at the level he has been doigg,,i it until such time he might increase the use he would have to have a SUP. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Claude Wood discussed his neighbor building on both sides of his lot and the effects it will have on the value of Mr. Wood's property. Mr. blood requested the Board make this a special judgmental case as the neighbor is obstructing his view. Beth Whittier, County Attorney, advised the County cannot enforce anything unless it has been specificall, given to them by State statute and then pass regulations pursuant to that State statute. They Board concurred they could not get involved. Susan Vaughn, Planner, advised the next item on the agenda was a request from Flat Iron Paving in regards to placing an asphalt plant at the Nottingham Sand and Gravel site. Ms. Vaughn reminded the Board at the last renewal of the Nottingham SUP one condition was if any further use was discussed they would have to submit an Enviromental Impact Statement concerning any impacts on that site. Ms. Vaughn stated the applicants had been advised for this type of item there should be an advertisement in the newspaper. The applicant has some concerns about waiting because if this is put off too long the airport will not be done until next ,year. Chairman Grant advised these are two absolutely seperate items. The Board should not be put on the spot because of the airport. Everyone else has to adhere to the regulations. Fred Baldwin, Flat Iron Paving, stated they do not intend to hold any levers on the Roard concerning any projects they are committed to complete vs. the location of their gravel source. Ms. Vaughn advised the Staff is of the opinion there should be a public notice on this item. Commissioner Troxel moved the Flat Iron Paving request be forwarded to August 27 until the necessary number of days can be published. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Susan Vaughn, Planner, advised the next item was a renewal of a plat by John Siverly. Terrill Knight, Planning Director, advised Mr. Siverly had requested the length of time of the approval of the Siverly Tract be extended. The Staff recommended the plat not be extended as the planning Department does not show a final plat fiTirig;. The plat is two years old and has not been submitted officially as a final plat. It could have been submitted as the clarification of the original exemption on the parcel. John Siverly stated the way he remembered the plat being approved. He stated the building permit was paid for and issued. Mr. Knight advised the Staff recommended the Board not sign the plat today but take it through normal procedures as if it were the correct legal description for an exemption file #Se -119-75. Mr. Siverly stated he sees no reason to start all over. He would prefer to withdraw his request. Mr. Knight stated if Mr. Siverly wishes to withdraw his request he may do so but it does not solve the legal description problem. Commissioner Troxel moved, upon the applicants request,` this renewal of expired plat be withdrawn from the agenda and not considered. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Chairman Grant advised the Don Welch discussion was continued until August 11, 1980. Susan Vaughn, Planner stated the next item was the signing of the Hansen & Hansen plat. This was tabled from the previous meeting because the plat restriction which the Roard made as a requirement of the original approval was different that what was on the plat. Tom Boni, Assistant Planning Director, read a letter from the property owner explaining why she does not want the plat restriction to prohibit her from subdividing at a later date if her property is annexed into the Twon of Basalt. Beth Whittier, County Attorney, does not feel it can be put on a Dlat that there can be not further subdivision because by law if they can meet all subdivision requirements they are allowed to subdivide. Commissioner Troxel moved to deny the applicants request. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams moved the: Hansen and Hansen plat be extended for a period not to exceed 90 days. Commissioner Troxel seconded the motion and -the Chairman declared the vote unanimous. e582 Proceedings of the Board of County Commissioners 30th day July __term 198o 19___ Susan Vaughn, Planner, advised the next item was the signing of a plat for the Bair Exemption which was granted some time ago. Jim Williams, Zoning Inspector, advised that on June 18, 1979 the Board did not sign the final plat for the Bair Exemption because a certificate of taxes paid must be signed by the Treasurer prior to the final plat being signed. That has never been done. Within the last month thereibas been another complication of a second unit in the basement of the house. Mr. Williams stated the exemption was granted on a 2 acre parcel. By virtue of the nature of the exemp- tion it allowed 1 unit on 2 acres. The Bairs have come before the Board after being cites with zoning violations because they were under the assumption they could have up to three exemptions by the number of acres which they own. Mrs. Bair explained the second unit in the basement of the exemption. Ms. Vaughn explained the problem is the second unit is a zoning violation and has to be removed. The other problem is the final plat needs to be filed. The building permit was issued for a single family unit. Commissioner Troxel moved the Chairman sign the plat for the Bair Exemption file # Se -224-74. Commissioner Williams seconded the motion and in discussion advised the Staff should take care to the zoning violations. The vote was declared unanimous by the Chairman. Beth Whittier, County Attorney, advised on July 14, 1980 the Board had a public hearing regarding the addition of additional conditions of the Rocky Mountain Airway SUP. At that time the Roard made a motion to include two conditions. The first one being RMA shall submit to the County Commissioners, prior to the first day of each respective month, an air carrier flight schedule for the pursuing month. The second condition was RMA shall maintain air carrier service to the Eagle County Airport by providing two minimum trips per day if there are confirmed reservatiosn. Ms. Whittier stated the Board had also moved there would be a public hearing on October 14, 1980 to review the SUP to determine compliance of these conditions. Ms. Whittier presented a final Resolution to include the additional conditions. Commissioner Troxel moveddto sign the Resolution. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Ms. Whittier advised RMA'a application stated if an unauthorized aircraft landed at the airport RMA would consider it trespassing and the aircraft would be physically impounded and not allowed to use the airstrip for departure. this condition was also make a part of the SUP. Ms. Whittier reminded the Board an airplane had landed at RMA approximatley one ,year ago. At that time RMA did not submit a contingency plan in the case an airplane had landed in an emergency situation. On August 7, 1979 the Board passed a Resolution stating the contingency plan. This plan was only based upon emergency medical evacuation or emergency use. Ms. Whittier advised that last Sunday a plane, not owned by RMA, landed at the STOL-port. Tim Mahoney, RMA. stated on August 26 a twin Beechcraft Duke landed at the STOL-port. Just before the craft landed some people told him they were to pick a friend up at the airport. Agents of RMA informed the people it was a private strip and the plane after landing was impounded. The pilot claims it was an emergency landing. Mr. Mahoney advised he was before the Board to hear the Commissioner's views and get advise on whether to fine the pilot or truck the plane out. RMA is willing to take the Board's suggestions. Commissioner Troxel stated they should make sure it was not an emergency and if not the plane should be dismantled and trucked away. Ms. Whittier feels that by the contingency plan ie: the Resolution by the Board if there is a question as to an emergency RMA should make an investigation and report it to the Board. Tom Boni, Assistant Planning Director, presented the South Scottsville plat and advised at the meeting of June 25 the Board approved the plat with conditions. The conditions have been met and the Subdivision Improvements Agreement has been submitted. The applicants are requesting the Board sign the South Scottsville plat. Commissioner Williams moved tb sign the Subdivision Improvements Agreement and the plat for South Scottsville. Commissioner Troxel seconded the motion and the Chairman declared the vote uanimous. At this time the Commissioners signed the following approved plats: Su -103-80-F Creekside Associates Su -99-80-F Par Six Su -114-80-F The Ridge Su -122-80-F Selby Plat Sm -191-80 Sun Tech Sm -192-80 Sun Tech Se -22-80 Hollis Allen Exemption Se -224-79 Bair Exemption Commissioner Troxel explained why the Board had tabled the Don Welch hearing. Don Welch, applicant, requested to be put on the agenda August 11, 1980 in the name of S.A.V.E. (Society for Advancement (5f Valley Enviroment). He requested to be put on at the end of the agenda. Mr. Welch advised basically the reason he is appearing is to request the Roard to consider a delay on any zoning changes of the Lake Creek/Edwards area for 30 days. During that time they would like to have a public meeting in that area to make the people aware of zoning changes. Mr. Welch advised everyone is concerned with rezoning of the Dietz property. He requested the Board agree to having a public meeting in the Edwards area to determine if there is sufficient support to have a delay on zoning changes until such time as the Master Plan is complete. Commissioner Williams believes the quickest and most effective way to handle this is to simply to agree on a time and place and have a workshop to discuss things in general. If the Roard thinks it is appropriate to take action they can come back at a schedule meeting and take that action. Bill Williams requested to make it of record that he highly protested the Commissioners making any decisions at this time since they did table this matter until August 11, 1980. Mel Atwell, County Engineer, appeared with the contract for the Lake Creek Road. Ron Troxel of Troxel Construction has been awarded the bid. Beth Whittier, County Attorney, high -lighted the main points of the contract. Total bid of the contract was $183,009.20 with the completion date being October 17, 1980. A schedule was submitted. Insurance, Workmans Compensation and Liability for damages clauses were included. Commissioner Williams moved the Chairman sign the contract. Chairman Grant seconded the motion as Commis ioner Troxel abstained. The vote was declared unanimous of the two voting. Mr. Atwell then presented.a bill from Ealge Valley telephone for relocation of lines in the State Highwa right-of-way. After discussion the Board determined not to pay the bill. There being no further business to come before the Roard the meeting was adjou ed untjl A q -t 5, 80. Attest: C airman grl< to the B Bair Exemption Rocky Mountain Airways So. Scottsville Plats signed Don Welch Lake Creek Rd Proceedings of the Board of County Commissioners 5th day_ August term 19-8-o-- REGULAR 9s2 REGULAR MEETING Present: Keith Troxel Commissioner Beth Whittier County Attorney Dan Williams Commissioner Johnnette Phillips Clerk to the Board Mick Kasher Administrative Assistant Mary Merkling C.S.R. 583 19— This being the regular meeting of the month the Clerk to the Board called the meeting to order. Commissioner Williams moved Commissioner Troxel be appointed acting Chairman pro tem for this meetinn as Chairman Grant was absent. Revenue sharing Mick Kasher, Administrative Assistant, advised the first item on the agenda was the Revenue sharino- proposed use hearings. By Federal law a proposed use hearing must.be held to discuss Revenue sharing use proposals for the coming fiscal year. Mr. Kasher advised the reason for .having this hearing at this time is if the Board waits until Connress acts the time frame the Federal law allows might be past. In the past the revenue sharing money has been used to run the landfill and provide funds for the Council on Aging. Mr. Kasher suggested to, at budget time, cut back on the money used for the landfill because of the increase in revenue the landfill is becoming more self-supporting. Mr. Kasher recommended to continue funding the County's share of funding for the Council on Aging with the remainder of the money being used for special projects. Mr. Kasher advised it will be decided at budget time which fund the money will be put into. Carol Beck, advised she is present because she is interested in revenue sharing. She feels there is a need for road work in the County. Chairman pro tem Troxel recommended the Countcil on Aging be an item with the two County landfills being left on as items to receive some of the revenue sharing He stated he would prefer placing the money in public works for maintenance in the County. Mr. Kasher advised there is no need for a formal motion on this item as this is more of an informational hearing and discussion. John Martinez Chairman pro tem Troxel advised the next item on the agenda was a discussion by John Martinez. Mr. Martinez presented maps of the property he is trying to purchase which includes Lots 7, 8, R 9 in Redcliff. Mr. Martinez stated the seller only owns the south portion of lot 7 and the north portion belongs to the County. The County obtained this portion through delinquent taxes. Mr. Martinez advised his only interest in purchasing this lot is to avoid any further confusion of the split lot. A segment 18' X 15' is all that could be used of the lot. Beth Whittier;!, County Attorney, stated her initial impression is the Roard can put the lot up for publi bid or Quit Claim it to Mr. Martinez. Chairman pro tem Troxel recommended the Board do it the easiest way possible and nuit Claim it if possibl with Mr. Martinez paying the back taxes. Commissioner Williams moved the Board is ammendable to sell all interest in Lot 7. Nhen the Countv Attorney determines the best and quickest method that is what will be done. If the lot is nuit Claimed Mr. Martinez will pay all back taxes. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Tom Hill, Tom Hill, Sopris Mental Health, presented and discussed an update on the emern_ency services provided by Sopris Mental Sopris Mental Health. Health Discussion followed on the number of patients they handle and the types of cases. The Board thanked Mr. Hill for appearing. Colorodo Kate Guilford of the State Department of Natural Resources appeared to discuss a program called Colorado Inactive Mines Inactive Mines Program. Ms. Guilford stated the program is funded by a Federal Severance tax on coal which goes into a Federal treasury. Once the State comes up witb a program for reclamation they begin to receive 50% of the funds back into the State to be used toward hazards associated with past mining. Ms. Guilford advised this summer they are attempting to make an inventory of all inactive mines in the State to determine hazards. she advised part of the program's Staff will be in Eagle County in August. The Board thanked Ms. Guilford for appearing. Road Vacation Beth Whittier, County Attorney, advised Mr. Jim Kemp had previously requested the Board to vacate a road in Edwards. Ms. Whittier pointed out the location on the plat and presented aerial photos of the area. Ms. Whittier read two points from the Statutes concerning the Board of Commissioners vacating roads. Bill Williams, Edwards resident, discussed the old road. Steve Isom explained the vacation request and clarified the legal description of the roads to be vacated. Esther Klatt explained her understanding of the road and explained how her family had donated the property for the road. Bruce Eaton stated the vacation of the road would landlock his property. Me. Atwtell, County Engineer, presented a proposed solution of access for all parties which was submitted by Jim Kemp. Jim Kemp stated when he first approached the Board he requested the Coutny to define their interest in the road. He advised they are seeking 25 feet of right-of-way which would clear up title and survey problems. Fritz Schmidt discussed the fact he was not allowed to add to his building a few ,years ano because of the set backs. At that time he tried to vacate the road but none of his neighbors would cooperate. He is opposed to vacating the road because he would have no access to the upper part of his building. Bill Williams again pointed out on the plat the location in question and stated Esther Klatt, Rruce Eaton Fritz Schmidt, and himself are the owners of property that would be affected. Commissioner Williams moved to direct the County Attorney to draft a Resolution vacating said portions. of the County right-of-way found at Book 65 Page 147 of the County records. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Discussion followed on the second portion of road vacation. Commissioner Williams stated due to objections of vacating this portion it should not be vacated. Bruce Eaton feels the road should be defined by the County and left as it is because it access the bottom of his property. Commissioner Williams asked if there would be any objection to the County taking a center -line survey with 122' on each side being the right-of-way. Several people voiced objections. Chairman pro tem Troxel recommended directing the County Clerk and Recorder and the County Attorney to find field notes or some type of notation to determine more correctly the property. Mr. Schmidt expressed concern of Mr. Kemp closing the road in the winter time. Mr. Schmidt would like to see the road used as a parking area for heavy equipment. Commissioner Williams moved to continue this hearing until September 2, 1980 at 1:30 P.M. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. 581 3, Proceedings of the Board of County Commissioners 5th day August _____term 19 BD 19 Judy Day At this time the Board of County Commissioners adjourned and reconvened as the Board of Bite Appeals. Dog Bite Judy Day, Animal Control Officer, advised this item pretains to a dog bite which occured on July 4, 1980. Cory Condors, nine years old, was bitten by a black German shepard owned by Pilliam Erikson. The parties involved were sworn to testify by the Clerk to the Board. Carol Condors explained her version of how the dog bite had occured. Judy Day presented pictures of the bite as exhibits. Doug Pilcher stated on three different occassions he has witnessed incidents with this dog. He gave examples of occassions the dog had scared children in the area. Mr. Erikson explained his version of the situation. Judy Day advised she deemed the dog vicious in regards to the County Resolution pretaining to dogs. She recommended the dog be kept completly restrained. If the dog is caught running loose it will be picked up and destroyed. Mrs. Day advised'Mr. Cram or herself had spoken to Mrs. Erikson on several occassions about the dog running at large. Beth Whittier, County Attorney, read the section of the Resolution pretaining to vicious dogs. The Board determined from testimony the dog is a vicious dog and has to be contained on his -own property at all times. Commissioner Williams moved the dog be deemed as a vicious dog and be confined on the owners property. In the event the dog strays off the owners property and is caught or witnessed by someone it shall be put to sleep. Chairman pro tem Troxel.- seconded the motion and declared the vote unanimous of the two voting. At this time the Board recovened as the Board of County Commissioners. Commissioner Williams moved to approve the minutes of June 25, July 7, 14, 22 with noted exeptions. Minutes Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Beth Whittier, County Attorney, presented a petition, filed with the Clerk & Recorder, along with a Avon Metro Dist. processing fee pursuant to the Special District Control Act. This is a request to set a hearing for approval of modification to the approved service plan of the Avon Metropolitan District. Commissioner Williams moved the hearing be set for August 27, 1980. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Beht Whittier, County Attorney, advised on July 22, 1980 the Board approved an amendment to the Road Cut Amendment to Permit and Road Construction Permit Resolution. Resolution Ms. Whittier read the amendments and requested the Board sign the Resolution. Commissioner Williams moved to adopt and sign the Resolution. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Mick Kasher, Administrative Assistant, presented a Resolution to transfer funds form the Road and Bridge Resolution fund to the Public Works Fund. Mr. Kasher advised this basically will transfer $85,000.00 from the rights -of- way acquisition to the Public Works Fund for the Lake Creek Road. Commissioner Williams moved to approve and sign the Resolution. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. -Mel Atwell, County Engineer, appeared to request permission to purchase a planimeter, which measures IMel Atwell areas on a map, at the cost of $450.00. The Board concurred he could purchase the planimeter if the budget is not exceeded. �1 Beth Whittier, County Attorney, presented the Tie -Down leases she had drafted for the Eagle County Airpor'tTie-Down Lease Ms. Whittier discussed the agreement pointing out pertinent portions. She recommended the Board approve the Amendments making it a more reasonable lease agreement. Commissioner Williams moved the proposed amendments for the agreement lease of tie -down spaces at the EAgle County Airport be included in the agreement for lease of tie -down spaces of Eagle County. When the amendments are concluded and duly signed they will be put into force. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. J.B. Stone, appearing for Rocky Moutain Airways, advised he was before the Board to discuss the Rocky Mountain unauthorized landing at the Avon STOL-port. 11 Airways Mr. Stone stated after RMA reviewed the facts they did not feel it was an emergency landing. RMA explored all alternate methods of removal and decided on removing theolane with a helicopter and slings. Mr. Stone explained the occurance of events that resulted in the aircraft taking off unauthorized. He questioned what further action the County wanted to take. Mr. STone suggested locating Mr. Texas and imposing a fine on him. Chairman pro tem Troxel advised it is RMA's burden to provide the County with a contingency plan explaining what RMA intends to do when aircrafts land at the STOL-port to prevent them from flying out. Commissioner Williams advised it is the sale responsibility of RMA to keep the STOL-port strictly for the use of RMA. RMA submitted a plan to the County for this but it is not working. The contingency plan was discussed. Chairman pro tem Troxel stated he does not feel the plan RMA is using is working. The contingency plan will have to be revised to show additional steps RMA will take. Mr. Stone agreed the plan needs to be revised. He requested the Board give RMA reasonable time to submit a contingency plan of how RMA will deal with anauthorized excursions which will require a sure method of impoundment. Commissioner Williams suggested a bond be placed on any illegal aircrafts. Commissioner Williams moved RMA be authorized to construct, immediatly, an impoundment facility in the event there are any further unauthorized landings by private aircrafts. RMA shall submit to the County, within 30 days, an acceptable contingency plan that will deal with unauthorized landings. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. There being no further business to come before the Board the meeting was adjouned until August 7, 1980. 775Z V111 � No-, I , , " M"w"m J WI Chairman f 5_85 - Proceedings of the Board of County Commissioners 7th day ----August term 19_8.0_ -___19_- SPECIAL _ 19 -_ SPECIAL MEETING Present: Dale Grant Chairman (absent) Mick Kasher Administrative Assistant Dan Williams Commissioner Linda Hatton Secretary to the Clerk to the Roard Keith Troxel Commissioner Mary Merkling C.S.R: The following bills were examined, approved and warrants ordered on the proper funds for same in full payment thereof: 1,374.73 Commercial Office Products Supplies GENERAL FUND General fund Payroll $ 111,717.09 Valley Tire Company Invoice 22577 4.56 Eagle Pharmacy Supplies 138.69 Shelly's Supplies 88.88 Hoeckels April 30 statement 1,374.73 Commercial Office Products Supplies 214.80 - Eagle Computor Services Programming services 2,715.00 Johnson & Kunkel County mapping 7.50 Ella F. Bindley Travel 222.69 RAymonds Repair calculator 38.50 Business & Office Systems Typewriter repair 222.33 Xerox Corporation Xerox copy charges 257.67 Bell Systems Ear piece- tape recorder 13.09 3M Business Products Supplies 100.64 Top Drawer Office Supplies Supplies 893.57 Raymonds Envelopes 629.01 Allen Insurance Agency Public Employee Blanket Rond 294.00 Gart Brothers Dept. Issue Ammunition 217.86 Maico of Colorado Molded Earpieces for Pack -set radios 350.00 Barney Gross Supply Road Flares purchased 324.48 Vail Auto Supply Supplies 113.79 Phillips Petroleum Gasoline Charges 13.56 Collett Enterprises Service 852.39 Eagle Auto Parts Supplies 376.45 Mechanics Invoices 1498 & 1252 133.00 Eagle Valley Telephone Telephone service 441.43 Greater Eagle Fire Protection June Billing for 911 Emergency number 8.30 Halkett's Towing Vehicle Towing 35.00 Berthod Motors Vehicle Repair and key 8.94 Beasley's Super Foods Food for Jail 274.34 Eagle Vail Linen Supply Laundry Expense 149.00 Harry Hurd Flight to Rawlins Wyo 130.00 Glenwood Medical, Assoc Medical Expenses 369.35 Royal A. Smith, M.D. Medical Expenses 114.00 Eagle Community Ambulance Ambulance service 70.00 Nottingham Sand and Gravel Water Truck for Pando fire 100.00 Tobias Wades Dinner for firefighters 55.04 Beth Whittier Colo. Court of Appeals, Jacks, Colo Dept Hiways 25.77 Beth Whittier Travel 64.66 Office of District Attorney 1/12. .of 1980 budget 5,891.58 John Wiley and Sons Invoice K097818 57.51 International City Management Financial Future Handbooks 40.25 Intergovernmental Motor Pool Mileage 381.51 Glenwood Post Service 47.56 Eagle Valley Enterprise Service 126.46 Jana Jae Entertainment for County Fair 3,500.00 Rex Allen Jr. Entertainment for County Fair 4,000.00 Michael McGinnis Announcer services at Fair 300.00 Bill Milnes Rodeo Stock Contract for Rodeo 3,600.00 Resorts West Media Group Commission earned for Advertising 376.50 Kathryn S. Floyd Change fund for Entry Bank and Gate Bank 420.00 Rocky Mountain Natural Gas Gas for airport 34.02 Animal Control Keys, Box rent, flat tire, gates belt 17.04 Eagle Valley Conoco Gas for Jeep 11.10 Basalt 66 Service 66.02 Craig T. Colby Title fee 3.50 Mountain Bell June Phone bill 91..60 Town of Carbondale Board of dogs 604.00 Continental Divide Fence Cage for Courier 280.78 J. Rex Fleming Gas 22.00 Road and Bridge Fund Gas consumption 566.06 Valley Tire Co Tires, Align, Idheel Balance 1.16.53 John A. Graves Mileage 64.23 Lincoln - Devore Kiamond J Drive roadway densities 55.50 Engineering Registration Water Distribution System 400.00 Mountain Electric and refrigeration Co Dishwasher repair 48.85 Craig T. Colby Travel 17.00 Vail Trail Classified ads 6.95 IBM Copier/collator Installment 508.30 Buckeye Gas Gas 96.301, Big R Manufacturing Aluminum Band and Gaskets 296.40 Central Electric Electrical Supplies 416.90 Mountain Steel ans Welding Heli Arc Straps 85.00 Reeves Plastic Pipe Sewer Pipe 1.,401.68 Glenwood Supply Plumbing Supplies 1,459.31 Brent Services Electrical supplies 416.77 Dotsero Block Inc Supplies 1,467.67 E -Z Way Rentals Tamper rental 320.00 Hoe & Grow Invoices 0659 & 0709 46.20 Holland Auto Battery, U -Joint 57.51 Glen Curtis Built desk for Basalt Clerk and Recorder 324.90 Fortunes Pizza Meals for Planning Commission 27.90 VWCCOG Planning Workshop Materials 25.00 Nebs. Expendable Job holders 94.41 First Bank of Eagle County July payment for Eagles 653.38 SSS Proceedings of the Board of _County Commissioners 7thday August term 19 80 19 -- The Printery Business Cards, Stop work orders $ 83.65 National Fire Protection Assn. Membership 50.00 Brain Haas Travel 180.00 Grand Junction Laboratories Water analysis 45.00 D & E Towing Towning abandoned vehicle 51.25 Nettie Reynolds Travel 37.80 Timber Builders Sunriver Project 101.05 Farnum-Richardson Mortuary Invoice 371 30.00 The Litehouse Invoice 371 30.00 Gran Farnum Printing & Publishing Concert and Rodeo tickets 61.65 Radio Shack Purchase of 100 cassette tapes 235.00 Helen V. Molcsan July wages 661.08 Vail Valley Re -Builders Fairground door repair 208.70 Riemler Trailer Sales Replacement Gates at fairgrounds 360.00 PESSS Division of Employment FICA taxes withheld 6,848.20 PESSS Division of Employment FICA taxes withheld 40.52 Blue Cross/Blue Sheild Insurance premium 6,646.46 Rocky Mountain Life Insurance Insurance premium 359.15 Stuart Satsky Travel 143.60 Top Drawer Supplies 297.09 Johnson and Kunkel Mapping 2,369.24 Colorado Minucipal League Liquor licensing hand book 15.00 Bureau of Business Practice Handbook 9.16 Business & Office Systems Ribbons and freight 17.75 3-M Business Products Supplies 603.19 Raymonds Repair and clesan calculator 45.75 Starr C. Doll, Registrar Registrars fees 10.00 Rio Grande Motor Way Freight 118.28 Mary J. Merkling Court reporting 300.00 W. Keith Troxel Travel 358.37 Donna Meineke Travel 289.64 Dan Sparkman Pronounced Steve Jones 25.00 Ben Galloway MD Autopsy on Winston Sellers 351.50 Commercial Office Products Supplies 260.12 Vail Suto Supply Seal Beams 17.64 Rocky Mountain Police Supply Co Supplies 112.48 Law Enforcement Equipment Invoice 20328 33.75 Gart Bros. Invoice 17211 38.00 Collett --Enterprises Service 2,841.69 Standard Recap Co Dunlop Gold Seal 271.24 Valley Tire Co Invoice 24400 33.83 First Bank of Eagle Co Loan payment '#,5 2,348.45 Protectors Ltd Polygraph Exams 105.00 Eagle Telecommunications Phone charges 4,117.35 Mountain Bell Phone service 835.49 Gabriel C. Fajardo Transport 3.1.6 Eagle Salvage and Repair Wheel mount 10.50 H.R: Meininger Supplies 19.90 Hubert Peterson Meeting in Alomosa 111.42 Beasley's Super Foods Food for Jail 632.34 Alan R. Brewer Tooth Extraction (Frimml) 25.00 VAlley View Hospital Emergency Room Fees 46.75 Charles H. Martschinske Prisoner Board 511.00 Eagle Volunteer Fire Dept. Garage rent 75.00 Michael J. Kasher Travel 603.00 Charlette Pascuzzi Travel 14.80 Eagle Valley Enterprise Service 204.80 Glenwood Post Zoning 66.47 Sun Television and Applicances Calculator 62.00 LaBelles Film and Mailers 89.56 Colorado State University Computer read outs 15.60 Jack D'Orio Travel 364.00 JUdith Rude Travel 130.50 Karen Crane Travel 9.67 Mary Bernhardt Travel 36.60 IBM Office Products Typewriter repair 994.60 Hometwon Supply Supplies 399.42 Marc Reck Commission- Advertising, Eagle Fair Book 166.50 Dotsero Block Inc Wet Cote Paint 60.00 Aries Five Lighting Equipment and crew 697.00 Kathy Shoup Rodent Control Officer 167.75 Kathy Shoup Travel 114.00 Colorado Counties Service participation fees 7,718.00 Holy Cross Electric Service 916.57 Rocky Mountain Natural Gas Service 63.61 Raymond the Printer Owner compound slips 21.00 Gomes Uniforms Emblems for shirts 132.00 Road and Bridge fund Gas useage 620.82 Eagle -Vail Animal Hospital Shots 77.00 Upper Eagle Valley Sanitaiton Sewer and Water service 97.74 Jefferson Bank and Trust Lease payment 210.54 First Bank of Eagle County Payment for Jeep pickup 205.68 Colton's Homes Council on Aging 19.95 J. Rex Fleming Reimbursement forrpurchase of parking signs 12.60 Virginia Rose Travel, Room and Food 83.42 Lucile Lieber Room Food and registration fees 44.08 White -Westinghouse Purchase of Air conditioning cover for data process 8.45 Boise Cascade Supplies 821.96 Eagle Computor Service Service 663.92 Wang International Society Invoice 519846 46.50 Shell'y Invoice 016561 85.50 Melton Earl Atwell Travle 78.80 Claude Gerard Travel 297.00 George H. Wear Travel 7.40 Proceedings of the Board of County Commissioners 7t UayAu_q_u_s_tterm 19 -8 -o- Sgr7 19 -- James E. Nimon Travle $ 95.2.0 Allied Surgical Supply Supplies 242..41 Carole Ann Beck Physical Therapist 92.50 Eagle County Nursing (Eagle) Reimburse petty cash fund 30.91 Eagle County Nursing (Vail) Reimburse petty cash fund 17.62 Margie Gates PHN Travel 273.40 Hazel Higgins Travel 16.10 Cecilia Achmidt Travel 11.50 Helen Molcsan R.N. Travel 62.10 Jane Merritt Travel 187.90 Vail Valley Medical Office rent & xerox charnes 486.60 Jane Merritt Reimbursement for nursing office 21.27 Butler Paper Company Invoice 40068 24.8.22 Myeel International Invoice 58596 259.97 Coca-Cola Bottling Company Pop charges 149.50 Mountain Services Invoice 1154 211.00 GAF Corporation Invoice 31455 131.68 Rosey Capodieci Travel 49.20 VAil Trail Invoice 0078 17.90 Denver Post Invoice 590 51.00 Pitney Bowes Invoice 952496 78.00 ATD-American Invoice 151564-A 132.20 Arrow Gas Propane- Fairgrounds 10.00 Eagle County Trash Company July billing 78.45 Central Electric Supply Invoice B49092 12.08 Dodson Engineering Products Invoice 6010 & 5778 44.69 Harold S. Helms Reimbursement for purchase of light bulbs 2.78 Elmer Glass Co Invoice 39616 68.13 Hoe & Grow Invoice 1227 41.12 Eagle Pharmacy Invoices 19, 48, 49 17.92 Grand Junction Sign & Neon zoning signs 200.00 Colorado Historical Society Good Neighbor book 4.08 Wall Street Journal 1 year subscription 63.00 Business Research Division Publication of Colo Ski Industry 27.50 Mountain Engineering Plat checking 280.00 Terrill Knight Travle 416.61 Susan Vaughn Travel 125.40 James Williams Travle 87.40 Fortunes Pizza Invoice 48 27.90 Ed Hammer Electrical Inspection fees 1,083.67 Lester Douglas Travel 63.17 Lester Douglas Travel 143.15 Gerald Best Travel 87.66 Quick Valley Printing Invoice 1055 64.61 Brain Haas Reimbursement for tire repair 7.50 Erik Edeen Meeting dues 10.00 Franklin Associates Progress Payment 5,294.40 Jo Ann Deighan Travel 35.20 Mountain Engineering Panel material 21.29 Glenwood Toilet Rentals Invoice 03765 55.00 Lucile Lieber Coordinator fee, postage and mileage 184.80 Johnnette Phillips Travel 118.39 Debbie L. Hutchins Travel 18.43 Kristie Carter Travel 21.34 Eagle County School Dist Refund SUP fee 50.00 TOTAL-------------------------------------------------------------------------------------------- $212,464.23 ROAD AND BRIDGE Road and Bridge Fund Payroll 38,976.20 Russel D. Carter Wage adjustment 146.00 Eagle County Treasurer FICA taxes withheld 8.95 Craig T. Colby Title fee 1.50 K.F. Arnold Travel 17.70 Yampa Valley Electric Electric Service 132.69 Dick Wheeler Lease payment 204.77 E.G. Everist Concrete sand 63.65 Commerial Office Products Vip File 1.0.60 Collett Enterprises Supplies 1,392.58 Valley Tire Co Service Call, Parts 1,506:00 Eagle -Vail Linen Supply 50# rags sur charge 50.83 Drive Line Service PTO Shaft 24.00 Grand River Construction Asphalt 741.76 Lawson Products Supplies 52.0.74 Valley Gas & Welding Service 202.09 Big "R" Manufacturing Band couplers 352.77 Holland Auto parts Supplies 2,078.68 Town of Vail Utiltities for Vail shop 133.36 Eagle Salvage & Repair Service call 121.00 Glenwood Springs Ford Braker plates 3.86 White Star Machinery Mounts, fuel 76.20 Quality Castings Turbo pre -cleaner 891.15 Harris Truck Ten hoel budd wheels 116.60 Faris Machinery Master cylinder 49.76 Pete Hommem Equipment Filter, Packing oil 205.31 Universal Engineering Eye Levels 131.16 Town of Basalt taxes due to town 1,332.07 Town of Minturn Taxes due 1,281.66 Town of Redcliff Taxes due 204.50 Town of Vail Taxes due 68,732.32 Eagle Electric Completion of contract at Dowd Junction 6,850.00 Jefferson Bank and Trust Loan payment 1,988.10 Jefferson Bank and Trust Loan payment 2,304.10 Republic National Bank Loan payment 960.55 Proceedings of the Board of County Commissioners--Lt -hday_. August -_ term 19 8D __ _ -- 19__ _rxe t.-6 MOEiita 2a. o[Hum"�- �. PESSS division of Employment FICA taxes withheld $ 2,389.23 Blue Cross/Blue Sheild Insurance premium 1,831.66 Rocky Mountain Life Insurance premium 91.69 Eagle Pharmacy Telephone file cash book 4.18 Universal Engineering Supply Tranis Feild book 6.88 Hometown Supply Basic Roll Towel, Linen 60.90 Mountain Bell Phone Charges for Basalt 39.84 Eagle Telecommunications Phone Charges 246.52 Public Service Company Electricity 3.43 Holy Cross Electric Electricity 131.61 Rocky Mountain Natural Gas Gas Useage 57.13 K Z K Lumber 100 Used Railroad ties 950.00 Johnie Vaughn Excavating Rental on barriers 162.00 Central Tools Supplies 183.20 Douglas Pilcher Reimburse for gas 4.30 Road and Bridge Petty cash 43.55 Buckeye Gas products Gas 201.93 U P L Supplies 36.48 Pete Honnen Equipment Supplies 538.36 Supplies Unlimited Union Shovels 48.80 Boise Cascade Acrapers 4.41 Diamond J Construction Road Base & Screened rock 943.20 B & B Excavating Asphalt- gravel 4,318.66 Safety-Kleen Service for parts cleaner 55.25 Supplies Unlimited Fiberglass cloth, Resin/hardener 92.80 Grand River Construction Hot Mix Asphalt, Load Cold Mix 488.27 Mountain State Ford Truck Voltage Meter, Repair and Maintenance man 74.54 Ernest L. Cock Travel 90.60 Max McCoy Travel 55.00 Pettibone Corporation Invoice 641047 60.56 Hanson Equipment Supplies 726.97 Colorado Kenworth Seats UPS 5.28 Cummins Power Invoices 352307 & 352308 81.24 Case Power & Equipment Screw, Bushing, Washer wiper arm 25.38 Beco Construction Equipment Rental on Water Tank 375.00 Faris Machinery Company Rental on trash pump 504.00 J & S Contractors Asphalt Cutter, Frt. 556.82 Town of Eagle Taxes due 3,955.65 Frank Daugherty Travel 128.00 TOTAL------------------------------------------------------------------------------------------- $151,386.53 LIBRARY FUND Library fund Payroll 1.6,286.00 Road and Bridge Fund Gas Useage by Library Dept 73.72 Serox Corporation Xerox copy charges 18.00 Press Division of Employment FICA Taxes withheld 381.65 Blue Cross/Blue Sheild Insurance Premium 328.83 Rocky Mountain Life Insurance Insurance premium 18.60 Eagle Pharmacy Invoice 30 1.44 Catalog Card Corp Invoice 182042 53.32 Upstart Library Promotionals 10.40 Associated Libraries Invoice 36333-2 105.87 Random House Books 264.18 Prentice Hall Books 38.54 McGraw-Hill Book Company Books 38.41 American Publixhwers Books 172.21 Quality Books Invoice 59182 948.59 GEO Magazine subscription 36.00 R.R. Bowker Invoice 329656 44.38 University of Colorado Invoice FD70684 2.07 Main Line Book Invoice 74809 1,260.67 Ebsco Subscription Invoice 7037758 7.00 New Readers Press Invoice 74444 13.80 Thomas Bouregy and Co Invoice L 11266 35.50 Gordon's Books Books 29.58 Jende-Hagan Company Invoice 3644 9.12 Baker and Taylor Books 102.52 American Econo-Clad Services Invoice 161816 85.07 Eagle County Public Library Reimburse petty cash fund 37.68 BroDart Book Express Books 98.46 Three Rivers Library Two Dukane bulbs 10.28 Mountain Bell Phone Service at Minturn branch 14.50 Minturn Branch Library Reimburse petty cash 9.02 Holy Cross Electric Electricity 27.55 Eagle County Treasurer Reimburse general fund for xerox charges 8.45 TOTAL------------------------------------------------------------------------------------------- $ 10,571.41 This being the regular meeting for payment of bills and for such matters as appear on this day's agenda, to wit: Commissioner Williams moved Commissioner Troxel be appointed actin❑_ Chairman pro tem for this meeting as Chairman Grant was absent. Commissioner Troxel seconded the motion and the vote was declared unanimous of the two votinn. Chairman pro tem Troxel advised..the.first item on the agenda was Jim Evans from the Colorado Counties. Mr.'Evans'appeared and requested the Boards approval for this year of the CCI Public Lands Program. Mr. Evans gave a brief history of the program. He advised CCI has always been active in this payment in leiu• program. _ . t Mr. Evans advised on August 27,.28, and 29 there wil-1 be a rally in Washington D.C. to insure our Senators and.Congressmen maintain their efforts to -fully fond the program. He requested.on the Commissioners to attend. Mr. Evans::advised his personal view is there should be an -insurance program where each County takes 1% type assessment where CountysFwould take -an ;equivelant amount out .of the general fund and put into a public lands program. Jim Evans CCI FN� 1�Y Proceedings of the Board of County Commissioners -7th– day—Aug-ust--term 19-8o_ Lucille Lieber Liquor License Mid Vail Restaurant West Squaw Flat Iron Paving 19 --- Mr. Evans stated he would like all the Counties in Colorado to participate. He questioned if Eagle County is planning to participate. Chairman pro tem Troxel asked if Mr. Evans is requesting a Resolution from the Board supporting the Public Lands Program. Mr. Evans stated a Resolution is not necessary. He just wants the County to approve payment of the assessment., A statement was sent to Eagle County but not paid this year. Commisioner Williams advised the County has always approved the assessment in the past. Mick Kasher, Administrative Assistant, advised it was not addressed at budget time. CCI was allotted $10.000100 of which $7,500.00 was the dues to CCI. This leaves $2,500.00 which has not been used. Mr. Evans advised the payment will vary as it is based on a straight allocation of payment in lieu. Chairman pro tem Troxel requested a dulpicate bill be submitted. The County will then voucher it out and pay it. Mr. Evans requested the Board views on the Rare II Wilderness Bill. Chairman pro tem Troxel stated the Boards position was to get the bill done and the land released. Commissioner Williams stated his concern is to get something done to get the land released for mulitiple use. This Board has consistantly been in favor of multiple use concepts on public lands. He does not feel more wilderness is needed in Eagle County. Mr. Evans stated the principles CCI has adopted are: 1. Get the land released 2. Protection of existing grazing lands 3. Protection of adjacent lands from disease and fire. The Board thanked Mr. Evans for appearing. Chairman pro tem Troxel advised the next item was Lucille Lieber regarding the Senior Nutrient Program. He advised the discussion concerns the three vans the County now has and the disposition of those vans. He advised he had asked Mrs. Lieber here because when the Board last met they had directed Mick Kasher, Administrative Assistant, to make sure when the van was delivered to Eagle it would be taken to the Minturn site. Mrs. Lieber advised the van has not been delivered to the Minturn site. She advised there is not driver for the van. The County is liable if there is not a properly licensed driver. Chairman pro tem Troxel stated he would prefer to see the van in Minturn. If it sets for a period of time with no driver it would be appropriate to give it to another County. The problem is that people in .Minturn do not know where the van is. Mrs. Lieber discussed the wages paid for the drivers. Commissioner Williams suggested putting the van in a safe but conspicuous place and post a siqn on it requesting drivers. Chiarman pro tem Troxel advised he had talked to the Town of Minturn about gas and they agreed they would supply gas to the van at their cost. Mrs,> Lieber advised it is Federal law to have donation boxes in the van. She questioned if the money collected should be put in the General fund. Commissioner Williams stated he would like the money to be put in the Council on Aging fund to help reimburse the cost of operation of the equipment. Chairman pro tem Troxel suggested putting it in the General fund and earmarking it for the Council on Aging. The Board thanked Mrs. Lieber for appearing. At this time the Board of County Commissioners adjourned as the Board of County Commissioners and reconvened as the Local Liqour Licensing Authority, Beth Whittier, County Attorney, advised the County has received an application from Paul Goldman to expand, enlarge, and modify the premises of Mid Vail Restaurant. The tradename is the Vail Food Services. Ms. Whittier presented the application and site plan to the Board. She advised by Regulation 47-106.2 of the Liquor Code an applicant must submit such an application if they are physically changing, altering, or modifying the premises subsequent to the original approval. The facts the Board needs to consider are: 1. The reasonable requirements of the neighborhood 2. Compliance with applicable zoning laws 3. Possession by a licensee of the changed premises. Commissioner Williams moved to approve the liquor license. Chairman pro tem Troxel seconded the motion -and declared the vote unanimous of the two voting. i Beth Whittier, County Attorney, advised Mrs. Thelma Larsen had approached her in regards to dedicating a portion of West Squaw Creek Road. Mrs. Larsen is selling alot of her property and retaining 80 acres for herself. The road to be dedicated to the County will give her legal access to her property. Chairman pro tem Troxel questioned the width and length of the road. Ms. Whittier advised Mrs. Larsen was willing to give the Width the County wanted. P1el Atwell, County Engineer, had stated the road would have to be surveyed and it would cost $1,500.00: Mrs. Larsen presented drawings of the area and the road. Mrs. Larsen stated her lawyer had advised her to give the property to the County if they would survey it. Chairman pro tem Troxel advised it has been the policy of the Board in the past that when land is sold the new owners are asked for dedicated right-of-way. The County does not want to pay $1,500.00 for the survey. Commissioner Williams stated the problem is it would be nice to have the right-of-way but it is not a priority. Chairman pro tem Troxel stated the request is to have the County accept the road with a 60' right-of-way. Before accepting it the County would have to do a survey. He questioned if the Board could determine the type of survey needed and the cost and the get back with Mrs. Larsen. Commissioner Williams moved in regards to Mrs..Larsen's property on West Squaw Creek Road if a:center line survey can be done and a description obtained therof, the County will accept it that way. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Beth Whittier, County Attorney, advised that at the Planning Commission meeting the previous evening Mr. Rosenberg and Mr. Goldman had requested the Planning Commission to adopt a Resolution which would be submitted to the Board of County Commissioners. The Resolution stated the Planning Commission should request the Board of County Commissioners to submit to them the impact statement which Nottingham ie: Flat Iron Paving had submitted to the Staff regarding the SUP for Nottingham Sand and Gravel pit to operate an asphalt plant. George Rosenberg, representing Brush Creek and Eagle River Company, advised on July 30, 1980 a request was submitted to the Staff from Flat Iron PaVinq to set up an asphalt plant at the Nottingham Sand and Gravel pit. In short the Board of County Commissioners passed a Resolution or gave direction to the Staff that Flat Iron should submit an Impact Report. Mr. Rosenberg advised the only items he found in the Staff's files regardinq this were: 1. Letter dated 8-6-80 from Susan Vaughn to Flat Iron advising them their request had been tabled to allow time for public notice to be given. 2. Letter dated 7-25-80 to Susan Vaughn from Flat Iron transmittal of EIR. 500 Proceedings of the Board of County Commissioners 7th day August term 19 80 19 There was no formal application in the file from Flat Iron Paving. Mr. Rosenberg questioned how the Board could take action if there is no application. Assuming Flat Iron can proceed this way Mr. Rosenberg concedes they must go through the Planning Commission first. Mr. Rosenberg read sections of the Zoning Resolution concerning this matter and stated he is concerned with the procedure of this item. Mr. Rosenberg urged the Board to reinstruct the STaff that first the report go to the Planning Commission the notice of public hearing be given, and then the item be brought before the Board of County Commissioners. William Phillips, Eagle River 1978 Trust, stated he objected to the procedures also. He requested additional time to prepare arguments against the plans substance. Susan Vaughn, Planner, advised on July 30, 1980 the Board reviewed Flat Iron's request to put an asphalt at the Nottinham pit. It was the Staff's opinion that when the Board granted the annual review of Nottingham gravel operation they made as a condition that any time after that if Mr. Nottingham wished to place an asphalt plant on the site he would have to submit an EIS. The original application showed the placement of an asphalt plant on that site. Because it was a condition of the annual review the Staff did not feel it had to go to the Planning Commission. Chester Goldman, Eagle River 1978 Trust, stated the Staff refers to this as a condition but it is an EIS and he feels it should be followed by correct procedure. Beth Whittier feels the Board needs to clearly define to the Staff when, conditions placed upon a SUP, which are within the Zoning Resolution, should go before the Planning Commission. Ms. Vaughn stated since all SUPS have reviews the Staff needs the Board's policy on whether to take them before the Planning Commission or not. If it is going to be done with this SUP it should be done with all of them. Mr. Goldman requested the whole thing be delayed until the annual review of the original permit. Chairman pro tem Troxel explained it was an option of the applicant to delay it. Mr. Rosenberg stated this is not an annual review matter. This appears to be a new application. Commissioner Williams questioned if the Staff feels there is a proper application in the County files. Ms. Vaughn advised there is not an aplication from Flat Iron but there is one from Nottingham which includes an asphalt plant. Commissioner Williams stated he has no problem sending this item back to the Planning Commission but it is leaving the Board open to liability on other SUPs. Ms. Whittier advised if this is a new application it should go back to the Planning Commission. If it is just fulfilling conditions it should not be sent back. Ms. Vaughn stated one problem there has continually been with Nottingham Sand and Gravel operations is every time there is a problem only one party of the conflict is present. She suggested tabling this item to allow Flat Iron Paving and Mr. Nottingham to be present. Commissioner Williams assumes anything that happens on the permit property that Nottingham Sand and Gravel are the ones the County looks to for fulfilling all conditions. If Nottingham Sand and Gravel have not given the County a complete application to the extent that they themselves are applying or they specifically grant to Flat Iron to carry out the procedures then he wants this clarified. Commissioner Williams does not feel the County can continue on with an unclear and possibly inadeauate application. To solve the problem the Board should notify the applicant and any other interested parties to clarify the application and then make the determination of whether it should go before the Planning Commission. Commissioner Wil.liams moved the County notify Nottingham Sand and Gravel that their application is unclear and unable to be processed because of information the County has received. They may submit a new application and review the details with the Board of County Commissioners on August 11, 1980. Chairman pro tem Troxel seconded the motion. Commissioner Williams amended his motion to state the advertisement for the Nottingham Sand and Gravel Flat Iron Paving is cancelled because the application at this time is unclear and inappropriate. Chairman pro tem Troxel would not second the amendment. He would prefer to meet both parties on August 11 and decide at that time whether the August 27 hearing should be cancelled or not. Commissioner Williams withdrew the amendment to the motion. Chairman pro tem Troxel declared the vote unanimous of the two voting. Chairman pro tem Troxel stated that after discussion with the County Engineer and the County Attorney the Board has enough information to act at this time on the West Squaw Creek Road right-of-way dedication. Chairman pro tem Troxel moved the request for richt-of-way dedication on the West Squaw Creek Road, which is defined in the application, be denied at this time because of the County's lack of ability to maintain it. Also there is a lack of tax base in that area and until growth occurs in that area the County does not feel it a priority to take on any additional right-of-ways. Commissioner Williams seconded the motion and in discussion advised the applicant has the option of leaving it as it is or doing a center line survey and giving herself an easement of whatever she deems appropriate. Chairman pro tem Troxel declared the vote unanimous of the two voting. Chairman pro tem Troxel stated the next item on the agenda was a discussion with Mary Flowers. He advised Mrs. Flowers had cancelled. The Board asked Mr. Pilcher, Road and Rridge Supervisor, to come in and discuss the road system in the Redcliff area. Mr. Pilcher stated he had a meeting with Mrs. Flowers in which she advised him in her opinion the Town of Redcliff had no major roads as they are all owned by the County. She felt the County should supply 9quipment for maintenance in Redcliff. She believes all of the roads from Highway 24 in the loop are County roads. Mr. Pilcher stated he does not agree as the roads are incorporated into the Town of Redcliff. He advis he has not done any work on the County portion of the road because Redcliff is going to be putting in a sewer line and will have the road torn up. Chairman pro tem Troxel stated the sewer would not be finished until 1982. He still likes the arrangement of leaving the equipment in Redcliff and having them sign a contract to do the County's portion of the road. Commissioner Williams would like Redcliff to realize the roads within -the town boundaries should be maintained by the Town. Chairman pro tem suggested the Board go to Redcliff with Mr. Pilcher to show Mrs. Flowers the annexation maps describing the town boundaries of Redcliff. He also advised a decision needs to be reached of whether Shrine Pass Road is a County road. The Forest Service had informed him they feel Shrine Pass Road is a Forest Service Road manintained by the County. The Board directed Susan Vaughn, Planner, to send a letter to John Evans, Forest Service, stainq it appears to the Board that P293 is no obligation of the County past the extent of contractural agreements unless the Forest Service can provide proof otherwise. There being no further business to come before the Board the meeting was adjourned until August 11, 1980. W. I Chairman I I West Squaw Creek Road Redcliff IJ Proceedings of the Board of County Commissioners 11th day August -- term 19-2 a�1 19-- SPECIAL MEETING " Present: Keith Troxel Commissioner Susan Vaughn Planner Dan Williams Commissioner Johnnette Phillips Clerk to the Board i Terrill Knight Planning Director Mary Merklina C.S.R. This being the day set aside for planning matters to be heard the Clerk to the Board called the meetinn to order. Commissioner Williams moved to appoint Commissioner Troxel actinn Chairman pro tem as Chairman Grant was not present. Commissioner Troxel seconded the motion and declared the vote unanimous of the two votinn. S.A.V.E. Chairman pro tem Troxel advised the first item to be heard was a discussion with the Society for the Advancement of the Valley Enviroment. Chuck Malloy, speaker for S.A.V.F.., nave reasons for wanting no more development in the Edwards area and requested the Board of County Commissioners impose a moratorium for all zone change requests in a two mile radius of the old Edwards post office for a period of six months. George Rosenberg, Lake Creek resident, requested keeping to the facts and objectives durinn this meeting. Con Calhoun gave his opinion of a moratorium. Brian Rapp, Lake Creek resident, thanked the Board for appearing at the Lake Creek/Edwards area to listem to the issues. Mr. Rapp recommended the Board create a sub -committee of the Master Plan Committee which would focus on the Lake Creek/Edwards area to see if residents can plan their own communitites. Doug Tisdale, attorney. representing Warner Properties, discussed Statutes renardinn a moratorium. He requested there be organized planning but not unconstitutional moratoriums deprivinn people of their property rights. Steve Isom gave his version of the points that need clarification. Bob Warner asked the S.A.V.F.. Committee why the reouest is.for a two mile radius. Mr. Malloy advised they are not attemptinn to include or exclude any particular developments. At this time all of the pressure seems.to be within two miles. " Mr. Malloy asked the principle developers their opinion of a comprehensive plan. Bill Williams gave his opinion of the comprehensive paln and his answer to some of the complaints of the Lake Creek residents. He does not feel a two mile moratorium will solve anything as most of the land within the two miles is already zoned. Patty Steinle questioned if the concerned people could meet with the developer and discuss their feelings in a friendly discussion. Roger Tilkimeirer suggested the Staff review the Master Plan as it relates to the Fdwards area. He discussed the economic determinant in regards to development. Terrill Knight, Planning Director, explained the Master Plan as being a general guideline. He feels it is the County Staff's duty to insure that the detailed designs are done in lieu of having a Master plan. Wess Allen described a moratorium he had knowledge of and problems he believes a moratorium could cause. Susan Vaughn, Planner, read a letter from Helen Allen, resident of the area since 1962, stating her opinion of the development in the area. Cindy Eskwith questioned what the costs would be of maintenance and County services necessary to heavy growth. They are only requestinn a few months delay and the results from development are noinn to be here a long time. Fred Green feels whether there is a moratorium or a sub -committee appointed the one item that needs to be discussed is the Commissioner's views on the appropriate development pattern, densities, and plannina processes for Lake Creek. Hubert Peterson stated a timetable cannot be set for when every development is noinq to be zoned or developed. Dennis Galvin stated he supports the Master Plan and the work of the Master Plan Committee. He has nothing against working with other developers to coordinate a plan hut he is anainst the idea of a moratorium: Brian Rapp feels moratorium is not an appropriate word for this item. The request is for time for the Master Plan Committee to conclude their studies on the area for the Master Plan during which time new requests that may conceivably affect these recommendations not be considered. Mr. Knight gave the results of a discussion with the Master Planninn Committee concerning a moratorium. Commissioner Williams does not feel moratorium is necessarily the word to be using. His real interest is that there is so much interest in this matter. He suggested meeting with all interested parties to channel the interest in a constructive direction and identify some o f the concerns the Board has in this matter. Commissioner Williams advised one concern he has is the two mile radius. He hopes everyone does not become narrow minded enough to pinpoint one certain area. He does not want to take poistive action toward a moratorium at this time. Chairman pro tem Troxel advised his philosphy is that each plan is worked on seperatly. Alot of his criteria evolves from costs of services for each area. He does not feel spot zoning is appropriate at this time. He does not mind people going to the Master Planning Meetings to stress an urgent need to concentrate on the Edwards area if they feel it is justified. Commissioner Williams stated in regards to land that is zoned in the Edwards area or anywhere else in the County, which is coming throunh subdivision, the County has tremendous latitute in insuring the develop- ments will be consistant with tertian thinns. Mr. Knight stated the Staff hopes the interested parties continue to appear at the public meetinns. Commissioner Williams moved in regards to Mr. Malloy's request of a moratorium that would not exceed 6 months in a two mile radius around the town center of Edwards be denied as it is inappropriate at this time and legally questionable. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Commissioner Williams moved the Board institute one more meeting to be held August 19, 1980 at 7:00 P.M. at the Edwards community house and ask all interested citizens to attend to perhaps develope a mechanism to limit development. Chairman pro tem Troxel seconded the motion and stated this will only be a work session and no decisions will be made. The Board directed Staff to put out notice in the appropriate places and advise developers and landowners who presently have zoning requests in that area. The vote was declared unanimous of the two voting. Zc-131-80 Su -142-80 Request: Zone change for 117 acres from Resource to Rural Residential and -Sketch plan of 24 units Brett Ranch Location: Section 6, T5S, R82W parcels to the North, South, East, &_I,!est of .the Highway 6 bridge over Lake CY Susan Vaughn, Planner, advised the next items on the agenda were the Brett zone chnage and revised sketch plan. Bill Post stated th- original request was for RSM with 93 units. The sencond request was for RSL with 60 units. He listed 3 reasons they were denied: 1. it is outside the identified minor suburban commun4-ty of .Edwards and is contrary to the development pattern goal of the Master Plan 2. it is inconsistant with the goal of balanced growth indentified by the Master Plan 592 Proceedings of the Board of County Commissioners 11th day Au(Ust_ term 19 80 19 3. the applicant has not sufficiently demonstrated a County need for the development, as required by Section 10.03.04 (c) of the Eagle County Zoning Resolution Mr. Post advised they are presently requestinn Rural Residential with 24 single family units. Steve Isom pointed out the net developable areas. Ms. Vaughn read the following letters: 1. Terry Jastro - opposed to the zone change 2. Roland C. Fisher, Colo. River Water Conservation District, - opposed to the zone change Ms. Vaughn stated the Staff recommended approval of this zone chanae request but they still have concerns of zoning on a map. The Staff believes the 24 units proposed is appropriate for that particular area. The Planning Commissionion recommended approval. Bill Post discussed the request .and the water situation for this project. Chuck Betcher, Lake Creek resident, stated he originally opposed the Brett Ranch plan. Now he feels it has the potential of being one of the highest quality developments in the area. Bill Williams, representing the Edwards Hater District advised the District has no opposition to them joining the Water District. Discussion followed on the Edwards water site. Mr. Post advised under Colorado State Water law there is a rule that states under a conditional decree if due diigence is not shown the water richt is lost forever. In 1979 it was determined that nothing had been done since 1926, therefore the reservoir was deemed abandoned. Mr. Calhoun contested this fact stating the Edwards Hater Reservoir dam site is still in effect. Mr. Post sited the law case decision which abandoned the reservoir. Commissioner Williams stated the Board has difficulty in making a decision on what the appropriate land use should be on the developable acreage with no rebuttal of the dam site. Mr. Isom requested the area be zoned with the applicants not submitting a proposal on the northern parcel of property for one year. During that year the applicatns would be the proponents with the State and the Colorado River Conservation District to try to get that area designated as a dam. If it cannot be done in that period of time they would have the right to submit a proposal on the northern section. Bill Williams suggested this item be approved with the provision the developer help make a determination of if a dam will be built. Buck Calhoun asked if it would be possible for the County to give a trade off of higher density on the upper property to eliminate the problem. Chairman pro tem Troxel advised this should not be considered in this hearing. Ms. Vaughn advised the applicants have submitted a sketch plan and they have stated they will not submit preliminary plans until the northern portion for the dam site has been determined. Chairman pro tem Troxel moved Zc-131-80 be approved. In explanation of his motion he stated there has been, in the record, a statement from the applicants they will make an_ agreement with :the County to not submit a sketch plan for the area north of Highway 6 for 1 year. At that time the County will consider or not consider that application because of merits of the proposed dam site. The motion died for lack of a second. Mr. Post requested this item be tabled. Commissioner Williams moved Zc-131-80 and Su -142-80-S be tabled for 30 days until September 8, 1980 so the applicant can clarify if there are any legitimate interests in water storages that are known as Edwards Reservoir which falls within the perview of Item 10.03.`04(d). Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Susan Vaughn, Planner, advised that under direction from the Board the Staff advertised the amendments j Zoning to the Eagle County Zoning Resolution. However the Staff was not certain of what to write in the amendments. ! Resolution The County Attorney advised it was not legal to take any action onan amendment to a zoning resolution if the wording is not available to the public before hand. Ms. Vaughn advised there can be a work .session on the wording and then publish it. The Planning Commission tabled this item until September 3, 1980. They felt caretaker units were appropriate but there were comments on whether or not there should be restrictions on .them. The Planning Commission's consensus was to have a Special Use Permit for caretakers units. Ms. Vaughn advised a member of the audience had suagested havina a different zone for caretaker units. Vic DeLana audience member, gave his opinion of use by right. He requested Item 4-E in section 301.03 of the Special Use Permit, which conceens use by right for employee units in a Resource zone, be deleted. Chairman pro tem Troxel suggested taking input from the floor in regard to what,if anything, should be done to these particular provisions. Then at the public hearing the Board can make determinations. Discussion followed on caretaker units. Commissioner Williams advised in order to have a proper discussion item 8 on the agenda should be tabled and the Staff directed to prepare some written changes. Chairman pro tem Troxel moved the amendments to the Eagle County Zonign Resolution 1-4 at this time not be amended to the Resolution because of the failure to properly notify and define these amendments. The Staff shall redefine. ' proposals and properly advertise them to have a formal hearing. Commissioner Williams seconded the motion. Chairman pro tem Troxel declared the vote unanimous of the two voting. At this time the Board set a hearing for the Water Reservoir at Edwards on Tuesday September 2, 1980 Edwards Water at 7:00 P.M. Reservoir Susan Vaughn, Planner, presented a Resolution adopting and amending the Subdivision Regulations of Resolution Eagle County. Chairman pro tem Troxel moved to sign the Resolution. Commissioner Williams seconded the motion and the vote was declared unanimous of the two voting. Ms. Vaughn presented the following approved items for the Board's signature: !. Aspen/Balalt MHP License 2. Department of Highways MHP in Basalt license 3. Malpais MHP license j 4. Maron Duplex plat The Board signed these items. Ms. Vaughn presented, for the Board's signature, the Subdivision Improvements Agreement for High Sierra I Hiah Sierra Developers. ; Developers Beth Whittier, County Attorney, read the Board of County Commissioners minutes regarding the previous motion on the Subdivision Improvements Agreement. The Board concurrdd the Subdivison Improvements Agreement for Hiah Sierra Developers should be reviewed to insure the County Engineer's conditions have been met. There being no further business to come before the Board the meeting was adjourned until August 26, 1980.�I Attest:- L " '— g Chairman pro tem P, Clerk to the Board Proceedings of the Board of County Commissioners 26tH day_Au� term 19-u- 9 eo 593 19— 19 SPECIAL SPECIAL MEETING Present: Dale Grant Chairman (absent) Beth Whittier County Attorney Keith Troxel Commissioner Mick Kasher Administrative Assistant Dan Williams Commissioner Johnnette Phillips Clerk to the Board Mary Merkling C.S.R. This being the day set aside for Social Service matters, the morning was spent with the Board of County Commissioners discussing Welfare items. When the Board reconvened in the afternoon Commissioner Williams moved Commissioner Troxel be appointed acting Chairman pro tem. Commissioner Troxel seconded the motion and then declared the vote unanimous of the two voting. Concrete Pumping Beth Whittier, County Attorney, presented a notice of claim from Concrete Pumping, Inc in the amount & Mountain $332.50 relative to the accident on Lake Creek Road. The County has received invoice # 10506, #19519, and Mobile Mix #19523 in the total mount of $679.58 from Mountain Mobile Mix concerning the same incident on Lake Creek Road. Ms. Whittier explained and Gave details of each invoice. Mel Atwell, County Engineer, advised the truck was not at fault in the accident. The road when wet will not support excessive weights. Mick Kasher, Administrative Assistant, advised the County insurance company had stated the County was not negligent and the claim would not be paid. Chairman pro.tem Troxel advised technically the insurance company should pay this claim as this is why the County has insurance. Doug Rudder stated the insurance adjuster informed him they would not pay the claim because there was irrigation water on the road. Mr. Rudder stated this was not true. Ernie Cram, Mountain Mobile Mix, described a situation in which he had difficulty in collectina a claim from McMillan Claim Services. Ms. Whittier read a letter from McMillan Claim Services to Mountain Mobile Mix concerning the claim. Commissioner Williams moved to deny the request for payment from Mountain Mobile Mix and Concrete Pumping Company in the total amount of $679.58. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Chairman pro tem Troxl moved to contact the claim service in question to ascertain why they believe the County is not liable. Commissioner Williams seconded the motion. Chairman pro tem Troxel declared the vote unanimous of the two voting. Sheep Creek Beth Whittier, County Attorney, advised on June 25, 1980 the Board received a letter from the Division Road of Wildlife requesting the concurrance of the Board of County Commissioners to abandon the Sheep Creek Road which is listed as a County road on the general highway map. Ms. Whittier read the letter from the Division of Wildlife stating they want the abandonment to give them authority to repair the bridge before hunting season. Ms. Whittier read letters from John Glick and -Edward Eppich opposing the abandonment of Sheep Creek Road. Ms. Whittier read the Statutes pretaining to abandonment. Mr. Glick stated the lower portion of Sheep Creek Road is his only access to his property and he objected to vacating this road. James Wilson, partner of Sawmill Ranch, stated the road was the only access to his property also. Marvin Smith, Division of Wildlife, stated they wanted to repair the road and make'.it useable. He advised the opposition had a valid request of not abandoning the road. As long as it is public land the road cannot be abandoned if access is cut off to property. Mr. Smith advised the road and bridge are not legally satisfactory in their construction. Mr. Glick stated the bridge is in better shape than ever after a local resident did work on it. Commissioner Williams suggested working out a deal with the Division of Wildlife to work on the road. Larry Lang stated they would not object to having the road and bridge repaired. They are only opposed Ito the Division of Wildlife having the authority to close the road whenever they wish. Discussion followed on the road being a public road. Chairman pro tem Troxel moved the Board authorize the Division of Wildlife, by a letter from the County Attorney and signed by the Board, to upgrade the Sheep Creek Bridge. In the event the County does not have a deeded right-of-way it will be declared a public road. Chairman pro tem Troxel amended his motion to state' the County will supply a 36" culvert to be put in by the Division of Wildlife or the Division of Wildlife will repair the bridge as they see fit with other material Commissioner Williams seconded the motion. Chairman pro tem Troxel declared the vote unanimous. Commissioner Williams moved the request for vacation of Sheep Crrek road be denied. Liqour License Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Beaver Creek Food Services At this time the Board of County Commissioners adjourned and reconvened as the Local Liquor Licensing Authority. Beth Whittier, County Attorney, presented an application from Beaver Creek Food Services, Inc under the Itradename of Beaver Creek Reception Center. David Edeen, Manager of Beaver Creek Food Services, Inc., was sworn to testify by the Clerk to the Board and questioned by the County Attorney. Ms. Whittier advised the license requested is for a hotel and restaurant license. A verified application has been filed with the local Licensing Authority. The County and State fees have been received. There are two other applications within this application. One is for extended hours and the other is for approval of the Managers Agreement. Commissioner Williams moved the Hotel and Restaurant license for Beaver Creek Food Services/Reception Center be approved. Chairman pro tem Troxel seconded the motion and declared the vote unanimous. Commissioner Williams moved the Manager's Agreement for Beaver Cre-ekFoodServices/Reception Center be approved. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Commissioner Williams moved the extended hours license for Beaver Creek Food Services/Reception Center be approved. Chairman pro tem Troxel seconded the motion and the vote was declared unanimous of the two voting. Ms. Whittier advised the next liquor license application was from Beaver Creek Food Services. The trade - (name being Interim Day Facility. They are requesting a Hotel and Restaurant license, an extended hours license and Manager's Agreement approval. Ms. Whittier questioned David Edeen. Commissioner Williams moved the Hotel and Restaurant license for Beaver Creek Food Services/Interim Day Facility be approved. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Commissioner Williams moved the Manager's Agreement for Beaver Creek Food Services/Interim Day Facility be approved. Chairman pro tem Troxel seconded the motion and the Chairman declared the vote unanimous. 594 Proceedings of the Board of County Commissioners 26th day August term 19 80 19 Commissioner Williams moved the extended hours license for Beaver Creek Food Services Inc./Interim Day Facility be approved. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two votinq. Ms. Whittier advised the last application is for Spruce Saddle Restaurant. The applicant is Beaver Creek Food Services, Inc. The request is for a Hotel and Restaurant license, an extended hours license, and approval of the Manager's Agreement. Ms. whittier stated the Manager is James von Dreele. She stated, for the record, the criminal record check states Mr. von Dreele was charged with larcency under $100.00 in 1975. Mr. Edeen stated Mr. von Dreele has had other liquor licenses and has proven to be a reputable and responsible person. Commissioner Williams moved the Hotel and Restaurant license for Beaver Creek Food Services, Inc./ Spru Saddle Restaurant be approved. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Commissioner Williams moved the Manager's Agreement for Beaver Creek Food Services, Inc./ Spruce Saddle Restaurant be approved. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Commissioner Williams moved the extended hours license for Beaver Creek Food Services/Spruce Saddle Restaurant be approved. Chairman pro tem Troxel seconded the motion and declared the vote unanimous. Mick Kasher, Administrative Assistant, questioned if the Board wanted the option of putting an increased mill levy of 7% on the ballot. The Board concurred to send it to the Board of Local Affairs instead of placing it on the ballot. Mick Kasher, Administrative Assistant, presented a document from Flat Iron Paving for their consented Surity Bond. Commissioner Williams moved the Surity Bond Agreement between the County and Flat Iron Paving be signed. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Beth Whittier, County Attorney, advised on October 1, 1979 the Board entered into an agreement with Gerald E. Turner. He requested a minor subdivision in Eagle Vail and submitted collateral in the form of $2,000.00 to guarantee the paving of his parking area. Ms. Whittier requested the Board approve the Resolution releasing the collateral. Chairman pro tem Troxel moved to sign the Resolution. Commissioner Williams seconded the motion. The vote was declared unanimous of the two voting. Beth Whittier, County Attorney, advised at the last planning day the Board of County Commissioners directed the County Attorney to establish a trust fund for collateral received for off-site improvements. Commissioner Williams suggested having a map of the fiven area with colors and codes including the contract number and final date. Chairman pro tem Troxel moved to sign eht Resolution establishing a trust fund for off-site improvements to roads. Commissioner Williams seconded the motion and the vote was declared unanimous of the two voting. (Mill Levy Flat Iron Paving Gerald E. Turner Resolution Mick Kasher, Administrative Assistant, presented a contract reqarding the Jail Advisory Committee between'Jail Advisory Alan Gerstenberger and the Board of County Commissioners. lCommittee Chairman pro tem Troxel moved the Chairman pro tem sign the contract between Gerstenberqer and Associates' and the Board of County Commissioners pretaining to the Jail Advisory Committee. Commissioner Williams seconded the motion and the vote was declared unanimous of the two voting. Beth Whittier, County Attorney, advised at the previous meeting the Board approved a form lease agreem for the rental of tie down spaces at the Eagle County Airport. The lease is attached to the Resolution as Exhibit "A". Commissioner Williams moved the agreement for lease and tie down spaces at the Eagle County Airport be approved. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Mick Kasher, Assistant Administrator, presented a proposal from Employers Unity, Inc. to manage the County's unemployment benefits and claims and the Workmen's Compensation claims. Mr. Kasher advised it would cost approximately $1,000.00 per year to provide services to protest any and all claims and analyse present unemployment payments. Chairman pro tem Troxel moved to join the Employers Unity, Incorporated in regards to the umemployment compensation cost program. The money will be taken out of the Personnel and Purchasing budget. Commissioner Williams seconded the motion and the vote was declared unanimous of the two voting. Beth Whittier, County Attorney, presented a contract which was submitted by Margie Gates for EPSDT (Early Periodic Screening Diagnostic and Treatment) program. Ms. Whittier highlighted the contract for the Board. Commissioner Williams moved the Chairman pro tem sign the contract. Chairman pro tem Troxel seconded the motion and the vote was declared unanimous of the two voting. Roberta Depp, Librarian, explained the mechanical difficulties the library is having with the present bookmobile. She requested the Board grant the library permission to purchase a bookmobile this year with extended payments into next year. She advised there is enough money in the current budget to make payments for 1980. Mrs. Depp advised legally the Library Board is not allowed to get into long term financing. She sugges the County purchase the truck and lease it to the Library. Discussion followed on the legalities of sub -leasing. The Board thanked Mrs. Depp for appearing. Lease for Tie - Down Spaces Employers Unity Contract for EPSDT Roberta Depp Library Beth Whittier, County Attorney, advised Jack D'Orio, Extension Agent, had requested she do a patent on Patent on Eagle the design of the Eagle. design Ms. Whitter would prefer having the County of Eagle have it as a trademark rather than the Fair Board. She requested the Board's approval to proceed. The Board concurred she should proceed. Mick Kasher,Admihi'st'rti've Assistant, advised the County has received a $250.00 billing from AllenI Chamber of Commerce'' Insurance Agency for the airshow at the County Airport. Mr. Kasher advised the way he recollected the matter, the County would pay the bill and the Chamber of I Commerce would reimburse them. The Board concurred to pay the bill and contact the Chamber of Commerce for reimbursement. I! Beth Whitter, County Attorney, advised the Board had previously requested the Subdivision Improvements Eagle Hills Agreement for Mery Lapin's subdivision at Eagle Hills have the promissory note changed to not be a non- recourse promissory note. Sarah Shipper Beth Whittier Proceedings of the Board of County Commissioners 26th day August term 19 80 59 19— Ms. Whittier presented the corrected promissory note. Chairman pro tem Troxel moved the Board execute the'privelage agreement between Mery Lapin and the Board. Commissioner Williams seconded the motion and the vete was declared unanimous of the two voting. I Mick Kasher, Administrative Assistant, requested to "nclude Sarah Shipper, the new nurse in the Basalt area, in the nurses contract. , Commissioner Williams moved Sarah Shipper, RN, be added to the Health Nurses Contract. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Beth Whittier, County Attorney, advised she would like to attend a seminar in Colorado Springs on October 3-5, 1980 on the Legal Interests of Children. George Thatcher, Department of Social Services, had stated the department would pay for her lodging, meals, and tuition if the County would pay the mileage and V low her the time off. The Board concurred she could attend the seminar. There being no further business to come before the Boar'o the meeting was adjourned until August 27, 1980. r t 1 Attest: Jerk to the Board Chairman pro tem Proceedings of the Board of County Commissioners__27th day August _term 19 Bo _ _19____ SPECIAL MEETING Present: Dale Grant Chairman (absent) Tom Boni Assistant Planning Direct) r Dan Williams Commissioner Susan Vaughn Planner Keith Troxel Commissioner Johnnette Phillips Clerk to the Board I This being the day for planning matters to be heard the following items were presented, to wit: The meeting was called to order by the Clerk to the Board. Commissioner Williams moved Commissioner Troxel be appointed acting Chairman pro tem. Commissioner Troxel seconded the motion and the vote was declared unanimous of the two voting. Chairman pro tem Troxel advised the Board needs to clarify discussion on the Airport SUP with Flat Iron II Paving. The Board has been notified by Isebell and Associates that all parties for that bid were informed the airport property would be available for a temporary asphalt plant. II Chairman pro tem Troxel recommended the Board waive the SUP requirements for the temporary application of asphalt to the airport if it is on the airport property, providing the adjacent property owners have no �I objections. This offer should be for all three bidders. Commissioner Williams moved the SUP requirements for an asphalt plan to be located on the County airport li property, specifically for the purpose fo paving the airport, be waived for all three bidders. The waiver shall be good for a period not to exceed 30 days . Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Request: Special Use Permit and Preliminary plan review of commercial complex consisting fo 36 condo units, 45,688 sq. ft. retail space and 38,808 sq. ft. of office space. Total gross floor area is 138,340 sq. ft. Location: East of Vail das Schone Tom Boni, Assistant Planning Director, advised the first two items on the agenda are both a part of West Vail Commons. Mr. Boni advised the applicant was tabled previously to provide additional information on employee housing, childrens play area, and the bus shelter with rea_ards to the SUP. In regards to the preliminary plan the applicant was requested to submit revised plans showing the following: 1. deletion of parallel parking area on the northwest portion of parkins lot and the inclusion of a lanscaped area between the northwest and eastern portions of the parking lot. 2. additional landscaping study which considers snow removal and incorporates more coniferous varieties. 3. additional lane along frontage road or access between parking and Vail das Schone. Mr. Boni pointed out the changes on the plat. Tom Briner advised the bus shelter location was on Chamonix Lane. He discussed the employee housing and children's playground. Jay Peterson explained the size of the units and employee housing. Mr. Boni advised the Planning Commission recommended approval. The Staff believes all issues have been answered and recommend approval. Peter Patton, Town of Vail, advised the Town of Vail is not satisfied with the seven year plan for employee housing proposed by the developer. They would like to see a 20 year year restriction put on this project. The 10% allocation for employee housing is minimal. They would like to see more units but would compromise with a 20 year restriction. Discussion followed on the employee housing of 7 years as opposed to 20 ,years. Dennis Haggard gave his opinion on market value and financing. Chairman pro tem Troxel moved Zs -108-79 be approved with the condition the permit be reviewed at the end of seven years in regards to employee housing. A condition will be placed upon it, if the County so deem it necessary because of demand of employee housing in that particular complex, to be continued for an i.ndefinite period of time. Commissioner Williams seconded the motion and the vote was declared unanimous of the two voting. Commissioner Williams moved Su -126-80-P be approved. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Request: Zone change and Minor Subdivision - from Resource to Rural Residential and Subdivision of 54 acres into 7 single family homesites. Location: 1 mile west of El Jebel on Highway 82 Susan Vaughn, Planner, advised the next two items were a zone change request and a subdivision request from Arlene Ranch. This item was tabled from a previous meeting. Ms. Vaughn pointed out the location as beinn near El Jebel. Ron Liston advised the Board he had hoped a 5 acre zoning would be adopted prior to this time but they have proceeded with 2 acre lots and feel they are appropriate. Ms. Vaughn advised the Planning Commission had recommended approval of this zone channe but they with- held their approval until the submission of a minor subdivision which clearly showed the larger lots. There were concerns about the 2 acre zoning in this area but the Planning Commission felt the larger lots were appropriate for.the outer edge of the E1 Jebel minor urban center. The Staff had the same concerns with 2 acre lots but felt the larger lots fit better with the rural character of the County. Discussion followed on strip development and master plan development. Commissioner Williams moved Zc-125-80 be approved. Chairman pro tem Troxel seconded the motion and the Chairman declared the vote unanimous. Tom Boni, Assistant Planning Director, advised the Planning Commission reviewed this minor subdivision on July 16, 1980 and recommended approval. The Staff also recommended approval with a plat restriction limiting the lot size. The Board concurred to not place a restriction on the plat. Chairman pro tem Troxel moved Sm -187-80 be approved. Commissioner Williams seconded the motion and the vote was declared unanimous of the two votinn. Request: Zone change for 26.34 acres from Resource to Rural Residential Location: 12 miles west 01 El Jebel, south of Hwy 82, Sec.33, T7S, R87W and Sec.4, T8S, R87W Susan Vaughn, Planner, advised the next item on the anenda was the Joseph and Sharon Gabossi zone change The applicants are requesting a Rural Residentital zoning. Don Sullivan explained the 4 & 5 acre parcels and stated access would not be off Highway 82. Ms. Vaughn advised the Staff recommended approval of this zone change because of the large lots. Commissioner Williams moved Zc-133-80 be approved. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two votinn. Request: Zone change for 21.1 acres from Resource to Agricultural Residential Location: 12 miles east of the Town of Basalt, north of the Frying Pan Road. Susan Vaughn, Planner, advised the next item is a zone channe request from 14ally. Dallenbach. applicant has requested this item be tabled until September 8, ]98n. Commissioner Williams moved to table Zc-134-8n until September 8, 1980.. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting Flat Iron Paving Zs -108-79 Su -126-80-P West Vail Common r� Zc-125-80 Sm -187-80 Arlene Ranch Zc-133-80 Joseph and Sharon Gabossi l', 7_c-134-80 1Il4ally Dallenbach The �I I� 'I Proceedings of the Board of County Commissioners 27th day August --tem 19—n- 9 no 597 19-- 19—_ Request: Legal establishment of lot lines Jacobi Sub Location: Tract 39 of Section 3, T8S,R87W 1 mile west of E1 Jebel on the Tree Farm Road Tom Boni, Assistant Planning Director, advised the next item on the agenda was the Jacobi Subdivision in the El Jebel area. This application was tabled from the July 30, 1980 meeting to allow the applicant to obtain an agreement from the Basalt Water Conservancy District regarding a legal water supply for the property and to place a plat restriction on the plat regarding an engineer designed septic system. Mr. Boni advised the applicant has obtained the water supply from the District and the plat restriction has been place on the plat. The Staff recommended approval of this item. Commissioner Williams moved Sm -109-80 be approved. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Su -101-80-F2 Request: Final plat review of 6 units Mountain Terrac Location:. Lot 107, Block 3, Eagle -Vail #1 Phase III Tom Boni, Assistant Planning Director, advised the next item was the Mountain Terrace final plat Phase III. - Mr. Boni advised the Planning Commission -and the Staff recommended approval. Commissioner Williams moved Su -101-80-F2 be approved. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Se -228-80 Request: To sell one interest for a rural homesite (split 48 acres into two interests) Crowley Exemp- Location: 3856 and 3940 Sweetwater Rd. 31-z miles west of Colorado River Road on Sweetwater Creek Road. tion Tom Boni, Assistant Planning Director, advised the next item on the agenda was the Crowley Rural Homesite Exemption. Mr. Boni advised the plat denotes a 60' right-of-way to be dedicated to the County. The tract to the north has been designated as open space responding to -the Staff's comments that they wanted no further development in that area. A plat note has been placed on the plat regarding 50 foot set backs from the Sweet Water Creek for future building purposes. The Planning Commission recommended approval of the exemption with the condition the plat restriction of set backs be put on the plat. The Staff also recommended approval. Commissioner Williams moved Se -27.8-80 be approved. Chairman pro tem Troxel seconded the motionand declared the vote unanimous of the two voting. Se -229-80 Request: To subdivide Lot 18 Block 9 Vail Intermountain into two interests Jeffrey Flagg Location: Lot 18, Block 9, and Lot 18A, Block 9, Vail Intermountain Subdivision Exemption Jim Williams, Zoning Inspector, advised the next item was the Jeffrey Flagg Exemption and variance to the Subdivision Regulations. The lot is located in.the Intermountain Subdivision. Mr. Williams gave a brief background of the project stating prior to subdivision by covenants Lot 18 was allowed 6 units. The original purchaser of the lot built 2 units on Lot 18B and virtually went bankrupt. The original developer repossessed what is designated as 18A by virtue of a Deed of Trust. The subdivider sold Lot 18A, The Planning Staff does not recognize Lot 18 as a split lot. Mr. Flagg requested the County recognize the plat that establishes a legal line created as a result of Deeds acquired due to foreclosure. He discussed his undertaking of making Lot 18A a legal lot. Mr. Flagg advised he is paying taxes on a piece of land he is unable to use and believes he is suffering a hardship. Berry Permet, attorney for Mr. Flagg, advised the original Lot 18 was sold to a Mr. Cooper. In order for Mr. Cooper to build on what is now Lot 18A the original developer retained the Deed of Trust on Lot 188. Mr. Permet gave his rendition of the position of his client to obtain a building permit. Susan Vaughn, Planner, advised the County does not recognize this lot as being 18A & 18B. Mr. Flagg owns a portion of Lot 18. The zoning which was put on the lot in 1974 allows this lot to have 2 units. Ms. Vaughn stated by granting the exemption it would create an additional lot which would give a third unit to a lot which could have 2 units on each one. The Board concurred a hardship exists but was not created by County regulations. This item was tabled until later in the day when the County Attorney could be present to give her legal opinion. 'Sm -194-80 Request: To subdivide a triplex in Vail Village West Alpine Ridge Location: Lot 6, Vail Village West, Filing #1 .241 acres - RSM zone Condominiums Jim Williams, Zoning Inspector, advised the next item was the Alpine Ridge Condominiums. Mr. Williams advised the applicant has requested to table this item to allow time to prepare the necessar, legal dicuments and engineering drawings of the preliminary parking plans. Commissioner Williams moved Sm -194-80 be tabled until September 24, 1980 at the request of the applicant. Chairman pro tem Troxel seconded the motion and the Chairman declared the vote unanimous. Sm -195-80 Request: To create 2 lots on a parcel of .31 acres William Stroop Location: Lot 69, Block 1, Eagle -Vail #2. The next item on the agenda was the William Stroop Minor Subdivision. The Staff and Planning Commission recommended approval of this item. Commissioner Williams moved Sm -195-80 be approved. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Sm -196-80 Request: To create 2 lots on a parcel of .58 acres. John Scott Location: Lot 17, Block 6 Eagle -Vail Filing #1 Tom Boni, Assistant Planning Director, advised the next item was the John Scott Minor Subdivision. The Staff and Planning Commission recommended approval of this item. Commissioner Williams moved Sm -196-80 be approved. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Sm -198-80 Request: To create 2 lots on a parcel of .29 acres Stroop Homes, Location: Lot 51, Block 4, Eagle -Vail #2 Inc. Tom Boni, Assistant Planning Director, advised the next item on the agenda was the Stroop Homes, Inc. Minor Subdivision. The Staff and Planning Commission recommended approval of this item. Commissioner Williams moved Sm -198-80 be approved, Chairman pro tem Troxel seconded the motion and the vote was declared unanimous of the two voting. Su -97-80-P2 Request: Preliminary Plan approval of Building #3 for 24 units Highland Location: Cedar at Streamside Condo Tract A, Highland Meadows Sub south of the West Vail Interchange Meadows Tract A Terrill Knight, Planning Director, advised the next item on the agenda was the preliminary plan for Highland Meadows, Tract A. The request is for preliminary plan approval for the subdivision of Building #.3 for 24 units into condominium units. Mr. Knight advised this plan complies with the approved priliminayr plan. The preliminary plan map does not show all of the required parking. The Staff and Planning Commission recommended approval of the item. Commissioner Williams moved Su -197-80=P2 be approved with the condition the appropriate amount of parking for the building, as identified on Exhibit A, be included on the plat as well as the access road. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Request: 598 Proceedings of the Board of County Commissioners 27th day Aug st ___term 19 Bo _— 19 Request: Preliminary Plan review for 122 dwelling units on 26 acres Location: Tracts G, J, and K of Eagle -Vail #1 - adjacent to high school Tom Boni, Assistant Planning Director, advised the next item was Stone Creek Meadows. Mr. Boni advised this is a request for preliminary plan review in Eagle -Vail. The applicant has submitti a letter requesting to table this item 60 days to allow him to reconsider certain design aspects on the plan. Upon submittal of the revision to that plan the Staff will det-ermihe if the revision should go back to the Planning Commission. Commissioner Williams moved Su -140-80-P Stone Creek Meadows be tabled 60 days at the applicants request. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Tom Boni, Assistant Planning Director, recommended at this time that Windward Ranch he tabled as there are a substantial number of corrections needed on the final plat. The Board determined not to table this item until the applicant had an opportunity to appear, possibly later in the day. Tom Boni, Assistant Planning Director, advised the next items on the agenda were revisions to certain plats of Beaver Creek. Mr. Boni advised the second filing:, of Beaver Creek involved the Nottingham Exemption parcel. The first amendment to the second filing changes the boundaries on lots 9, 11., & 12. Because lots 9, 11, & 12 have not been sold it allows the applicant to replat Tract K. The second change this amendment accomplishes is the applicant would like to add utility and drainage easements along Lot 8 and include use as a ski easement on that same portion of ground. The Staff does not feel these amendments will cause problems as they are minor changes. The Staff recommends approval of both changes with the condition technical corrections be made. Commissioner Williams moved the first amendment to the second filing of Tract D, K, L, and a portion of J be approved with the condition of technical corrections being made to the final plat before being signed. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Mr. Boni advised the second amendment to the first filing of Beaver Creek involves Tract A. Block 1 which is the commercial core. Changes in this tract reflect siting problems of the Village Core as the Village Core area has no set back requirements. The change on Lot 6 is the only one which will result in more than a 25% change to the size of the lot. The Staff recommends approval with the condition technical corrections of final plat be made prior to signing. Commissioner Williams moved the second amendment to the first filing Tract A be approved with the condition minor technical corrections be made on the final plat prior to signing. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Mr. Boni advised the last amendment requested for Beaver Creek involves a change in'a building envelope. He reminded the Board Elk Tract Subdivision of the Beaver Creek PD had indicated building envelopes which were very site specific. This particular lot was anticipated to have access from the roadway. At this point there is an easement to allow access to the mountain. The lot owner is requesting a shifting of the building envelope. Mr. Boni advised he has looked at geological terrain of the lot and finds there is no encroachment of the land slide area as a result of changing the building envelope. The Staff recommends approval of this item. Commissioner Williams moved the amended plat of Lot 18 Block 1 Tract F be approved. Chairman pro tem Troxel seconded the motion and the vote was declared unanimous of the two voting. Terrill Knight, Planning Director, presented a drafted letter to the Forest Service concerning the capacity of Vail Mountain. The letter stated the County recommended to the Forest Service a limit be set at 14,750 skiers per day for the 1980-81 ski season. There will be a system for monitoring this based on 100% availability. The Board reviewed the letter and concurred it was sufficient. Jim Williams, Zoning Inspector, advised at this time the Board would return to file #Se -229-80 Jeffrey Flagg Exemption. Beth Whittier, County Attorney, advised the problem she has is under section 1.08.12 of the Sudivi.sion Regulation it states items which may be considered exemptions. If there is a deed in lieu of foreclosure, rather than going to court, the Board can determine the act of forclosure could have been by operation of law. Mr. Williams advised by virtue of accepting the line as shown would be legalizing a non -conforming parcel. The duplex on Lot 18B does not comply with parking or set backs with this line between the two parcel Commissioner Williams moved 1.08.12 under item c & d of the Subdivision Regulations apply in this case and therefore the Subdivision Regulations are not applicable to Mr. Flagg's property. Chairman pro tem Troxel, before seconding the motion, asked for discussion. Mery Lapin stated the problems the Planning Commission has with this item. The motion died for lack of a second. After much discussion Commissioner Williams moved Mr. Flagg's property be exempt from the Subdivision Regulations under section 1.08.12 Item b & c. Chairman pro tem Troxel seconded the motion and the vote was declared unanimous of the two voting. Tom Boni, Assistant Planning Director, advised the next item was the Avon Metro District revised Service) Plan. Bob Backus advised this service plan and District were initially approved April 7, 1974. At the time this was approved the area in the northern part of the District did not have specific facilities. Because of this the plan was proposed and approved on the basis that at such time as that area was determined with enough certainty to describe it with water and fire facilties; a proposed amendment to this service plan would be filed. In the interum this service plan was approved in 1974 to the present date, the whole area has been incorporated into the Town of Avon. There is some question in the Statute whether under the circumstances if Avon has complete jurisdiction. Mr. Backus presented a letter from the Town of Avon to the Board indicati.ng the Town has reviewed the water and fire facilities for this area and request the Board to consider favorable approval. Mr. Backus advised the statute does not provide the procedure for a hearing on modified service plans so they have followed the same procedure as the initial approval. Mr. Jim Wells and Linda Clark were sworn to testify by the Clerk to the Board. Jim Wells, President and Chairman of Board of Avon Metro District, explained the boundaries of the Town of Avon. He discussed the appendix in the amended service plan. Mr. Wells discussed the population and the projected population. He advised there are approximately 650 units completed with 300 under construction. On a long term of 10 to 20 years it is a ranae of 4000 permanant units all the way up to peak season of 15,000. He advised how the amount of tax fees and service charges compare to other districts in the area. Linda Clark, Betcher & Co., discussed the financing the District has done in the past with bonds and bond financing they anticipate in the future. Ms. Clark advised these will be general obligation bonds and she feels this is a healthy district in good financial condition. the . Su -140-80-P Stone Creek Meadows Windward Ranch Beaver Creek Forest Service Se -229-80 Jeffrey Flagg Avon Metro District Revised Service Plan Su, -124-80-P Brush Creek Stables r Su -141-80-S Homestead PUD t Proceedings of the Board of County Commissioners__ ath day__Au_qust term 19-8.o- 19 Mery Lapin advised the Planning Commission has reviewed this proposed amendment and recommended approval with 4 in favor and one abstention. Commissioner Williams moved the modification of the approved service plan for the Avon Metro District be approved and the Resolution signed. Chairman pro tem Troxel seconded the motion and declared the vote unaimous of the two voting. Request: Preliminary plan review for 122 homesites (up from the original 119) Location: Section 9, 10, 15, 16, T5S, R84W, on Brush Creek Road Tom Boni, Assistant Planning Director, advised the next item before the Board was the Brush Creek Stables The request is for preliminary plan review of 122 homesites. Mr. Boni pointed out the change of dedication of open space at the south east edge of the property. He read the comments the Staff had at the sketch plan stage: 1. Road problems (right-of-way) from the Town of Eagle to the end of the project must be solved by the developer (off-site impacts) 2. Proposed subdivision is premature for the area. 3. The upper lots should be deed restricted to prevent further subdivision 4. Lot layout seem appropriate Mike Perkins gave a report of the revised plan. Mr.. Boni advisdd in regards to off-site impacts the applicant has submitted, a report by Lee, Scott, & Cleary which in summary basically states the road is adequate to serve this proposal. The report does not recommend any off-site improvements. Commissioner Williams stated he still contends the subdivision is premature and inappropriate for Brush Creek. Mery Lapin stated several people have made deposits on the lots so there is a show of demand. This zoning is appropriate and meets with the requirements of the County. Mr. Lapin advised, in regards to off-site impacts, the applicants have agreed to signing and striping between the project and the Town. There will be a 50' right-of-way given to the County. Mr. Boni advised the Staff recommended approval of the preliminary plan with the following conditions: 1. With regards to land use the zoning issue has been determined by the Board to be a rural residential zone. 2. Active recreation amenities need to be planned. 3. Need firm statement of providing water. 4. Finalize some of the restructuring of the ditches of Brush Creek and Eagle River Company George Rosenberg, representing Brush Creek and Eagle River Co,, advised on the full set of maps, with the application, there are two pages relating to irrigation. Mr. Rosenberg advised they are not opposed to the project, but would just ask that before it becomes finalized the developer analyse those two pages with Brush Creek and Eagle River Company. Beth Whittier, County Attorney, questioned if the School Land Dedication had been discussed. Mr. Boni advised the Subdivision Regulations stated at preliminary plan the developer should be made aware of the required donation to the School District. The County has not received a specific letter from the School District regarding the subdivision. Ms. Whittier advised under Section 4.02.01 the preliminary plan states there is a list of requirements the Board should -review at this time and the requirements of the subdivider at this time. If the Board does not look at this item within the requirements of the subdivision at -this time there is legal agruments that this may then be waived. She does not agree with this but wanted the Board to be aware of it. Mr. Boni feels the facts have been made known to the developer. The Planning Commission recommended approval of this item. Commissioner Williams advised that from the beginning he has voted against this project and in good conscience has difficulty approving something he has discouraged. He stated the only item that needs improvement is the amenity package. Commissioner Williams moved to approve the preliminary plan conditional upon: 1. Irrigation interests being addressed 2. School land dedication fees be paid before signing of final plat 3. Final water approvals must be met before final plat stage. 4. Re-examination with the Staff for adequacy of recreational amenities. 5. Lee, Scott, and Cleary letters of recommendation be reviewed by the County Engineer. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Request: Sketch plan review of 729 dwelling units on 681 acres (PUD process) Location: Parts of Section 5, 8, and 9, T5S, R82W - immediatly south of Edwards. Tom Boni, Assistant Planning Director, advised the next item on the agenda was the sketch plan for the Homestead PUD. The request is for 729 dwelling units on 681 acres. Everyone wishing to testify during this hearing were sworn to testify by the Clerk to the Board. Mr. Boni advised the Planning Commission originally tabled this item on"July 16 to allow the applicant to address 19 specific issues. The issues were addressed and the plan was resubmitted on August 6, 1980. At that time the Planning Commission recommended approval with the following conditions: 1. Refinement of phasing should be done to "test" the affordable housing concept. 2. Exact location of multi -family tracts has not been determined. 3. Water rights sufficient to supply both the domestic consumption and irrigation needs of the project should be dedicated to the Edwards Water District without charge. 4. If the County determines that the affordable housing concept is not workable, the developer loses his bonus units. Bob Warner, President of Warner Properties, presented the following exhibits into the record: Exhibit A - Homestead application Exhibit B - Letter dated July 25, 1980 from Warner Properties to Terrill Knight Exhibit C - Letter from Warner Properties to Terrill Knight in response to changes suggested by the Staff Exhibit D - Letter dated July 2, 1980 to Tom Boni in response to their letter regarding the Staff comment on the Homestead. Mr. Warner presented the project as a PUD and advised they have now proceeded to sketch plan stage. Mr. Warner discussed the adjacent property owners, zoning, number of units approved, lower density reques and vocal opposition to growth in the Edwards area. Mr. Warner discussed the fire protection and advised they are in the process of creating a fire district and a recreation district. The following exhibits were entered into the record: Exhibit E - map of existing and proposed development of the Homestead dated January 1980 Exhibit F - concept master plan of Homestead, dated July 1980 Exhibit G - map entitled "Elevations of Homestead" by H.O.H. Associates, dated January 1980 Exhibit H - Slope analysis of the Homestead by H.O.H. Association, dated January 1980 Exhibit I - Geotechnical map dated February 1980 Exhibit J - Vegetation and Wildlife Plan for Homestead, dated January 1980' Exhibit K - Visual sensitivity, dated January 1980 Exhibit L - Visual Absorbtion capacity, dated January 1980 Exhibit M - Visual Quality, dated January 1980 Exhibit N - Useage Characteristics, dated January 1980 600 Froceedings of the Board of County Commissioners 27th day August __ term 19 80 — _ —19 -- Uses of land and densities were discussed. There are 1.6 dwelling units per acre on 470 developable acres. Dennis Galvin reviewed the relationship of land to the current Master Plan and Zoning Resolution and summarized the PUD application item by item. Mr. Galvin stated the Planning Commission recommended approval. Major Urban and Minor Urban Community Drafts were discussed in relationship to the Master Plan. Mr. Galvin pointed out facts he believes are arvitrary in determininq zoning radius circles. He feels these are inconsistant and should not be used as a guideline. Mr. GAlvin entered the Edwards Community map as Exhibit "0". Mr. Galvin requested a waiver of the Enviromental Impact Report in view of the extensive enviromental data already submitted. Doug Tinsdale, attorney for applicant, entered the following exhibits into the record. Exhibit P - map of concept of Master Plan relating to the phasing. Exhibit Q - Blow-up photo containing outline of subject property. Exhibit R - Exhibit S - portion of map of Eagle County Colorado Land Use and Densitv plan of Edwards area. Mr..Tonsdale addressed the affordable housing concept and the use of the property stating court cases relative to_this matter. Mr. Boni stated the Staff's position on the mahor-minor center in the Master Plan and remarked Mr. Galvin's presentation was a gross distortion of how the major/minor center has been utilized by the County. The Staff is in favor of the development concept, although the project is no it total conformance with the minor urban ring concept it does address the following: 1. Provision of affordable housing 2. Cluster approach has maximized the Open Space contained in the project 3. Location of project is in general conformance to encourage development in established communities. Mr. Boni feels the conditions made by the Planning Commission at sketch plan stage have been met adequatly by the developer. Fred Green advised he has no motive, as a developer, to oppose this project and he has never opposed another project. He opposes this project now only because he lives across the road from it. Mr. Green addressed the visual aspects and stated it would be simple to redesign the project to make it almost invisible. He discussed the impacts on Lake Creek Road and the undefined or unrestricted open space concept to affordable housing. Don Welch read a letter from Cindy Eskwith objecting to the project in its present form. Mr. Welch stated he is also opposed to the project.. He does not believe the affordable housing concept fills the need of the area and until a new Master Plan is developed this proj,ject need to be delayed. Chuck Betcher discussed the off-site impacts of the project and stated his reasons for opposition. Dick Nelson questioned if the County is going to be involved in regulating the cost of housing. He questioned how the-BOard cna grant approval of this project when access through a portion of the property is under litigation. Kit Abraham believes the people in favor of the development should appear to voice their opinions. She is opposed to the project and requested the Board wait until there is a new Master Plan before approving this. Bill Williams was sworn to testify by the Clerk to the Board as he appeared at the meeting after all other parties were sworn in. Mr. Williams questioned why the County is restudying the Master Plan. Terrill Knight, Planning Director, answered that the Master Plan is being restudied to relate to todays needs. The previous plan did not consider new major development. Mr. Williams stated the new Master Plan will probably up -zone the density rather than down -zone it. Mr. Green corrected his testimony as he had stated he had never opposed a development but he did oppose the Dietz project. Roger Tilkemeier, representing Vail Associates, objected to the statement by the developer that the Homestead would satisfy the needs of housing for Beaver Creek. The needs have been addressed in the PUD and have no need of this development for support. B.J. Britton stated opposition to the project as it will appear too dense. He discussed the water adding to the cost of the lots and housing. Hollis Allen, former owner of subject property, stated he is in favor of the project as it will help make the rest of his property more valuable. Mr. Galvin and Mr. Warner responded to comments made by the audience. Mr. Hollis spoke of the reputations of the developers and advised the community should be proud to have such developers in Eagle County. Beth Whittier, County Attorney, read section 3-11-04 of the Zoning Resolution sub section (g) regarding action the Board can take: 1. approve:! the sketch plan as submitted with certain conditions stated, if any 2. Deny the sketch plan as submitted or certasn portions thereof with all reasons clearly stated. ,3. Table the sketch plan for not more that 95 days for additional information or study 4. Refer the sketch plan back to the Planning Commission with specific instructions for additionsl study and recommendations for a period not to exceed 95 days. Discussion followed on the off-site impacts. Commissioner Williams stated the Board has the latitude to make the lot size16000 feet if they deem it appropriate. He reminded the applicant that at the pre -application conference he discouraged the applicants from proceeding with a PUD process. The Board had set a policy (mor to the pre -application conference, to encourage development in the Edwards area, -to come through normal zoning standards. He has a problem with price restricted lots. Commissioner Williams stated the densiti.es do not conform to the rings of influence. He feels this is inconsistant with the Master Plan and there are areas the applicant failed to address adequately. Chairman pro tem Troxel stated the only problem he sees is the visual impacts on Highway 6 and on .the Lake Creek Road. The County cannot bear any enforcement responsibility for,the restrictive housing. He feels there should be a study on off-site impacts and traffic patterns. Commissioner Williams complimented the applicants on a professional presentation of the sketch plan. Density for the project cannot be in one concentrated area on the entire acreage. He feels it would be unfair to give approval of this project when the density is based on lands not within the relm of influence of downtown Edwards. Commissioner Williams moved to deny Su -141-80-S as it relates to 3.11.02 Page 36 of the Subdivision Regulations where Item A speaks to being consistant with the Master Plan, which related to Page 99 section 10.03.04, Standards of Rezoning Item D. Based on the Master Plans Goals and Objectives under Balanced growth which creates premature and excessive densities. Intem D under 10.03.04 where the aipplicant carries the burden to provide to the County is consistant with the Master Plan under Item a 10.30.04. Chairman pro tem Troxel would not second the motion as he believes every developer should be treated equally. Berry Creek used total gross acreage in their PUD. He feels the meadow is inappropriate for development and the County cannot be involved in enforcment of restrictive lots. Other than these items he has no problem with the application. Commissioner Williams stated two wrongs do not make a right and discussion followed on his reasons for the motion. Chairman pro tem Troxel suggested tabling this item and give direction to the applicant in regards to the PD and zone change. Proceedings of the Board of County Commissioners 27th day August term 1980 x`01. .19 Ms. Whittier advised in order for Chairman Grant to participate in this hearing, when he returns, he z will have to listen to the tapes and read the entire record. Chairman pro tem Troxel moved Su -141-80-S be tabled not to exceed 45 days anticipating the Board can reach a decision in this matter. Chairman pro tem Troxel amended his motion to state this item will be taken under advisementnot to excee 95 days. The Board can render a decision on or before that time with the testimony they now have in their Pnession. Commissioner Williams seconded the motion and the vote was declared unanimous of the two voting. Su -144-80-S Request: To create 4 lots (Approx. 2 acres each) out of a 8.5 acre parcel Gypsum Valley Location: One mile east of Gypsum and approx. ', mile south of U.S. 6, a tract of land lying in Tract 65 of Estates sections 4 & 5, T5S, R85W of the 6th P.M. Tom Boni, Assistant Planning Director, advised the next item on the agenda was the Gypsum Valley Estate The project is located approximately one mile east of Gypsum and is zoned Rural Residential. The applicant is requesting sketch plan review of four clustered lots. Dave Ground's,, Mountain Engineering and Land Surveying, gave background of the proposed project. He discussed the upgrading of the road and advised the applicant has requested a b,ariance from pavement because of the size of the subdivision. A subdivision of this size does not warrant paving. Mr. Boni discussed the project in.relationship with the County Airport. He read a letter from Cecil Wagner, Department of Transportation Airport Division, objecting to the project. Mr. Boni read an inter -office memo from the Airport Commission opposing the subdivision. The Staff originally recommended denial. The F.A.A. letter did not indicate a safety hazard but did indicate a noise nuisance. The pertinent fact from the Staff's position was the land was zoned Rural Residential and this was not changing the land use, The. Staff recommends this proceed to preliminary plan with the condition of assessment of feasibility of upgrading Jewels Drive. The Planning Commission made the following comments on the sketch plan:_ 1. Indicate noise and clear zone contours on the plans 2. Ouestion the concept of housing in relationship to airport safety. 3. Place restriction on Lot A & C to allow future access to open area. 4. Subdivision should make a contribution to upgrade Jewels Drive. Commissioner Williams recommended the sketch plan proceed to preliminary plan and be referred back to the Airport Commission to see if they want to suggest an avigation easement and/or deed restriction. Chairman pro tem Troxel recommended incorporating the Planning Commission comments into the preliminary plan with the exception of the clustering concept which he does not feel is appropriate. Su -145-80-S Sage Fl,Ats PUD i Request: A PUD zone for the purpose of a Motel site (6.945 acres) Location: North of I-70 and west of Edwards Interchange Tom Boni, Assistant Planning Director, advised the next item was the Sage Flats sketch plan for a PUD in the Edwards area. Jim Williams, Zoning Inspector, advised there are 62 or 7 acres in this project which were originally a part of the Williams project. This part was withdrawn or denied.because the Board did not want a blanket commercial zone. The application now is for a motel site and commercial venture that support a motel site in the form of a PUD. Steve Isom stated the intent of the PUD is the motel site. At the December 21, 1979 hearing the Board denied the zoning request for Commercial Limited for a motel site because of the lack of control on the site. The Board had stated they would entertain a PUD application as a motel site. Mr. Isom explained the lots and the units that would be on them and advised they are proposing to keep this project angled towards the Edwards area. Mr. Isom presented photos of the site and stated they felt the PUD would be desirable because it would be subject to the actual development plans at the preliminary plan stages. He advised the highway will be brought to standards and paved up into the entrance of the motel site. There are no drainage or geologica problems. Water will be supplied by the Edwards Water District and sewer services will be provided by the Upper Eagle Valley Sanitation District. Economically the motel would be geared towards the motorists passing trhough the area but there will also be a market for vacationers in the area. The proposed motel would have a swimming complex, restaurant and bar, gift shop, and offices for the motel. Mr. Isom advised the motel is proposed to be built in 1981. Restrictions will be the same as on of Commercial Limited. Jim Williams read a letter written to the applicant listing the Staff's comments: 1.. The site is iiinappropriate for commercial use: A. impacts to road system; to get to and from Sage Flats B. impacts to residential areas already approved on that side of the interstate C. the commercial core has already been established in Edwards Town Center with zone changes that have been approved in the past. The Planning Commission recommended approval of the sketch plan of the motel site with the following conditions: 1. maximum size of 150 units. 2. off-site road be paved 3. building should be stepped into hillside 4. limit the commercial use to accessory functions of the motel. Mr. Boni advised the Staff is technically opposed to a PUD in the form of commercial use on the north side of the Highway and if it does take place the Staff strongly suggests it take place in the form of a PUD which would give the County the ability to mitigate impacts of concern. Bill Williams objected to the use of a specific 150 unit figure. He does not want to be restricted to a certain number although they will stay as close to 150 units as possible. Chairman pro tem Troxel moved Su -145-80-S be approved and forwarded to preliminary staqe with: the following conditions: 1. Maximum size shall be approximately 150 units 2. Off-site road should be paved 3. State should give approval as far as construction of the road, if necessary 4. Building stepped into hillside 5. Commercial use of Hotel be limited to Motel related uses 6. Landscaping should mitigate visual impacts, if any Commissioner Williams seconded the motion and the vote was declared unanimous of the two voting. Easement Jim Williams, Zoning Inspector, advised the next item on the agenda was the easement vacation of Lot 37 Vacation Block 1 Eagle -Vail #1. Mel Atwell, County Engineer, stated he had spoken with John Flat, Engineer for drainage study, who advised the drawings were not ready yet. Mr. Flat felt a 15' vacation easement along Lot 37 and a 122'•easement along Lot 41 would be appropriat Mr. Flat had stated Fred Green would pay for any culverts required under Stone Creek Drive and for a diversion structure at the point Stone Creek Easement intersects with Stone Creek. 600- Proceedings aw Proceedings of the Board of County Commissioners 27th gay August tens 19 80 19— Mr. Williams advised the easement is blocked at this time. He suggested finding out who blocked the drainage and ask they to correct it. Mike Perkins presented drawings of the vacation and advised his clients have agreed to provide a share of funds to do the work. Commissioner Williams moved to approve the easement vacation for Michael Perkins Lot 37 Block 1 Eagle - Vail #1 to narrow the existing easement from 35 feet to 20 feet conditional upon a written statement to Mel Atwell's review of the plans submitted by KKBNA. Discussion followed on liability if property is flooded. Commissioner Williams amended his motion to state the conditions include an agreement between Mr. Green and whoever is willing to do the work will be presented to the County Engineer and approved before the easement is vacated. Mel Atwell, County Engineer, suggested if this item ever gets to subdivision stage and the construction of the easement is not completed at that time a Subdivision Improvements Agreement should be required to include the construction. Jim Williams, Zoning Inspector, advised the next item on the agenda was an easement vacation for John Perkins on Lot 41 Block 3 Eagle -Vail #1. Mr. Williams suggested this item be handled in the same manner as the preceeding one. Chairman pro tem Troxel moved the easement vacation of John Perkins Lot 41 Block 3 Eagle -Vail #1 be approved with the condition financial arrangements to reroute or make easement capable of carrying the flows expected be finalized in a written form and approved by the County attorney before the vacation is approved. Commissioner Williams seconded the motion and the vote was declared unanimous of the two voting. Jim Williams, Zoning Inspector, advised the next item was a request for waiver of a SUP for Spraddle Creek Livery Stables from Roger Tilkemeir. Mr. Tilkemeir has requested the County allow a chuck wagon and cook out facility. The Staff informed him he would need a SUP as it is a commercial venture with in a Resource zone. Mr. Tilkemeir indicated the operation would cease by September 17, 1980 for the duration of the winter. For this reason he is requesting a waiving of the SUP. Commissioner Williams moved the SUP be waived this year but the applicant must apply for the proper licenses next year. Chairman pro tem Troxel seconded the motion and the vote was declared unanimous of the two voting. Tom Boni, Assistant Planning Director, advised the next item was the Eagle Crest amended plat. Mr. Rosenberg, owner of half of the duplex, has stated he will not sign the plat. The Staff directed the applicants to solve the problems between themselves and then submit the plat to the Board. Tom Boni, Assistant Planning Director, advised the next item was the ZEB amended plat. Mr. Ken Long advised the developer put the incorrect address for his house on the plat. A resubdivisioi was done and he called the name of the subdivision at that address. Mr. Long advised they are requesting to change the name of the subdivision from 458 to 548 Stone Creek Drive. Commissioner Williams moved to approve the amended plat of ZEB. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Tom Boni, Assistant Planning Director, advised the next item was the Windward Ranch replat. The Staff recommends this item be tabled for 30 days due..to a number of errors on the final plat. Commissioner Williams moved to table the Winward Ranch replat. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Tom Boni, Assistant Planning Director, advised Roxann Belmont was present to represent Beaver Creek. Mr. Boni advised there was one,.change made to the first amendment of the second filing of Beaver Creek. Mr. Boni stated Beaver Creek is currently requesting a transfer of 42 units from an eight acre tract from the original 48 as indicated on the Master Plan to a proposed 90 dwelling units. Ms. Belmont stated she was under the impression they could have 90 units on Tract D as long as they only built on 30% of the site. She explained why she felt 90 units were acceptable. Commissioner Williams suggested waiting to discuss this item again on September 2, 1980. Mr. Boni stated he would review the site and bring a report back on September 2, 1980. At this time Chairman pro tem Troxel signed the approved plat of Eagle Hills Phase II. 1980. There being no further business to come before the Board'the meeting was adjourned until September 2, P !"— Attest: Clerk to the Board w. Chairman pro tem Easement Vacation John Perkins Roger Tilkemeir Eagle Crest ZEB amended plat Windward Ranch Beaver Creek Eagle Hills Phase II Proceedings of the Board of County Commissioners 2nd day September tern 1980 19 REGULAR MEETING Present: Dale Grant Chairman (absent) Linda Hatton Secretary to the Clerk to the Board Keith Troxel Commissioner Mary Merkling C.S.R. Dan Williams Commissioner This being the first regular meeting of the month the following items were presented, to wit: Commissioner Williams moved Commissioner Troxel be appointed Chairman pro tem. Commissioner Troxel seconded the motion and the vote was declared unanimous of the two voting. Plats signed Tom Boni, Assistant Planning Director, presented the following approved plats for the Chairman's signature: 1. Jacobi Subdivision 2. Crowley Exemption 3. John Scott Duplex 4. Mountain Terrace Townhouses Phase III 5. Arlen Ranch Final Plat 6. Resub Lot 37 Block 3 Eagle -Vail #1 7. Resub Lot 69 Block 1 Eagle -Vail #2 8. Resub Lot 27 Block 3 Eagle -Vail #2 Commissioner Williams moved the Chairman sign the plats. Chairman pro tem Troxwl seconded the motion, declared the vote unanimous, and the plats were signed. Eagle Crest/ Chairman pro tem Troxel advised the next i.tem on the agenda was the Eagle Crest/Lake Creek Road. Lake Creek Rd. George Rosenberg, resident of Lake Creek, advised he was present to discuss a drainage problem. Mr. Rosenberg advised he had sent a letter on July 17, 1980 concerning the County Inspector's and County Engineer's discovery of water coming off Eagle Crest Road across Lot 38. The County Engineer had advised it is the County's obligation and the County Road and Bridge Supervisor is aware of the problem. The problem involves pulling a culvert, cleaning it out, and putting in a headwall. Mr. Rosenberg advised this problem is plugging the drainage ditch and affecting spetic systems. He requested the County take care of this before next Spring. Chairman pro tem Troxel advised the Board will speak to Mr. Pilcher and try to get this project on a schedule for this year. The owners will be notified of when the work will be done. Doug Pilcher, Road and Bridge Supervisor, appeared and stated he did look at the site and decided to install a 24" culvert, lower it with a steeper grade and put in a headwall. This will be done when they work on that; hill which will be within the next three weeks. Bruce Creek Chairman pro tem Troxel advised the next item on the agenda was the Bruce Creek Road. Road Mr. Whittaker asked when the County is going to do anything on the Bruce Creek Road. He feels there should be a road man on the road at least part of the time. Doug Pilcher, Road and Bridge Supervisor, stated the County will be grading this.end of the Valley very soon. Chairman pro tem Troxel advised the Board has, in the past, tried to take traffic counts of roads and apply most of the equipment on heavier travelled roads. The Board will try to get some maintenance done on that road.. Julie Loughran agreed there should be priorities but advised last year she had to call the County twice to get the snow off the road. She discussed the washboards in .the road. Mr. Whittaker questioned if her taxes could be put into maintenance on their roads. Chairman pro tem Troxel advised the Board could get Mr. Pilcher to get the assessment of all property in that area for the Road and Bridge Mill levy and allocate that money to. those roads. The County is having problems because of the cost of expense of machines and fuel. The County is trying to vacate the smaller roads so as to get back to the really public roads. Sally O'Laughlin suggested putting a new man on the blade so he could see how wide the road should be b'e;fto,re it snows. She advised the bar ditches need to be taken care of also. Mr. Whittaker suggested meet,•i'hg Mr.•Pilcher on the Bruce Creek Road to show him the work that needs to be done on the road. The Board directed Mr. Pilcher to get the work done before Fall and continue to put a plan together to get all the roads gravelled. Dog Bite: At this time the Board of County Commissioners adjourned and reconvendd as the Board of Dog Appeals. Bushell Gilberta Mathews, Animal Control Officer, advised on August 15, 1980 the County received a complaint from Ralph Bushell that he had been bitten by a black poodle while getting on his bikd in his yard. Ms. Mathews stated she had contactdd the owner of the dog_, Mrs. Blanford, on August 16, 1980 and informed her of the situation. Mrs. Blanford stated on the day of the bite, August 13, 1980, she was in her yard and saw Mr. Bushell getting on his bike. The dog barked but she does not believe he bit Mr. Bushell. Mrs. Blanford advised children in the neighborhood tease the dog while on their bicycles. The dog has a great hostility toward bicycles. She believes if the dog had bitten Mr. Bushell he would have complained at that time. Mr. Bushell stated the dog did bite him, break the skin, and draw blood. He advised the reason he did not report the incident immediatly was it took him two days to contact the Animal Control. Ms. Mathews advised the dog was checked for vaccination and impounded in the owner's home. The dog is not licensed in Eagte County. Mrs. Blanford discussed the matter of nearby construction workers bringing their dogs to work and letting them run loose. She feels if other people would keep their dogs at home she will have better luck keeping hers at home. Chairman pro tem Troxel advised dogs are not allowed to run on a County right-of-way. If a dog is off the owners property it is running loose and violating the ordinance. iMs. Mathews recommended Mrs. Blanford contain all three dogs she owns on her property and obtain licenses for all of them. Mr. Bushell feels if a dog at one year old is going to bite it will probably get progressively worse. Chairman pro tem Troxel moved in regards to this particular matter the dog owner be instructed to constru an enclosure to contain the dog when outside. The three dogs will be licensed by Eagle County current license tags. If the dog is found running loose in the neighborhood it will be put to sleep. Commissioner Williams seconded the motion and the vote was declared unanimous of the two voting. Commissioner Williams suggested the Animal Control Department work with the Building Department and as building permits are issued the Animal Control can send letters to the construction site owners letting them �kaow if dogs are brought to the construction site they must be contained. Ms. Mathews advised the Department is attempting to obtain letters of consent from the owners of construc tion sites to be allowed on their property to impound dogs at large. :t Proceedings of the Board of County Commissioners 2ndday September term 19 80 Chairman pro tem Troxel advised the next item was a road vacation in the Edwards area. Beth Whittier, County Attorney, advised this item was tabled until today to enable the County to do more research in trying to ascertain where the field notes are in order to determine the legal description of the road. Ms. Whittier stated Claude Gerard, Road Inspector, has found a road petition to the Board of County Commissioners. Ms. Whittier read the petition into the record. Mel Atwell, County Engineer, appeared with a plat and legal description of the road as it is now. Mr. Atwell stated by the research done he believes this is a County road. Jim Kemp questioned the authenticity of the description determined in 1895. Claude Gerard advised he is up to 1932 of the records in the Clerk and Recorder's Office and has found nothing further concerning this road. Ms. Whittier stated she does not feel the Board can legally vacate the road at this time. 'Chairman pro tem Troxel suggested drawings be submitted to property owners in that area. The property owners can then have a meeting with the County Engineer and determine their property lines. Another public meeting on this matter can then be held. Commissioner Williams moved to continue this item until November 3, 1980. The Countv Engineer will give copies of the map to interested parties and schedule a meeting to try to work out an arrangement. In the event a work session is needed with the Board it may be scheduled before November .3, 1980. Chariman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. The hearing for the Mobile Home Park License for Eagle River MHP was next to be heard on the agenda. Susan Vaughn, Planner, advised on July 30, 1980 the Board denied the Mobile Home Park License for Eagle River MHP. The Board stated that by September 1, 1980 Eagle River MHP must have a Russian Olive Hedge installed, a permanent and effective sollution to illegal access onto Highway 6, a sediment pond, and revegitation on the cuts above the water tanks. Ms. Vaughn advised the owners have decided to install a fence rather than the hedge, however, the fence is back ordered. The revegitation has been taken care of and the new water tanks are to be installed soon. Ms. Vaughn advised a sedimentation trench has been installed, which is adequate. Commissioner Williams stated the revegition and the fence were items of the original approval. He remarked he felt it was ludricrous of the owners who went to a Vail radio station and stated the rent in the park was being increased because of the conditions the Board had imposed. Ms. Vaughn advised the County had received a complaint of raw sewage being discharged into the river. Erik Edeen, Health Officer, has taken samples to be tested in Denver. Ms. Vaughn read a letter which was sent to all tenants by the park owners concerning conditions that need to be corrected in the park. Ms. Vaughn advised the Staff has concerns of the sewage system but the applicnats have complied with conditions made by the Board. The park managers have made an effort to keep the park in order. The Staff feels the license can be issued. Commissioner Williams stated he wanted a letter of compliance stating the revegitation will be done and the new water tanks will be installed within a certain period of time. Chairman pro tem Troxel moved the Eagle River Mobile Home Park license be issued conditional upon the improvements as specified in the 1974 application be completed not later than October 15, 1980. If these things are not done by that time the County will proceed with whatever remedies they have to impose fines. Commissioner Williams seconded the motion and the vote was declared unanimous of the two voting. Chairman pro tem Troxel advised the reason there will be no fines at this time is, the applicants have shown due diligence to correct the problems. Commissioner Williams advised i.n the event the tests on the sewer discharge come back negatively the Board will encourage the State of Colorado to rectify the sewage problem. Susan Vaughn, Planner, advised the next item she had for the Board's review was a request by Malpais MHP to have the temporary license for the rest of the park issued until next year. Ms. Vaughn stated the park needs more gravel in some of the spaces and they are requesting a delay on putting up the landscaping buffer until next Spring. Discussion followed on the landscaping. Commissioner Williams moved to approve the temporary license until April 30, 1981 and will be reviewed at that time. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two votinq. At this time abatements from the Assessor's Office were heard. Beth Whittier, County Attorney, presented a petition of abatement from Remigio Velez on personal property. The reason for the petition being the wrong ,year was used on the 0-4 Cat. The original value was $1,230.00 with a tax of $100.61. The abated value is $710.00 with a tax of $58.07. This leaves a balance of $$520.00 with a tax of $42.54. The County Assessor recommended this abatement be allowed. Commissioner Williams moved the abatement be allowed. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Beth Whittier presented a petition of refund from Eugene and Lorraine Petracca on personal property. The reason for the petition is double assessment. The original value was $150.00 with a tax of $12.01. The abated value is $150.00 with a tax of 512.01. This leaves a balance of $0.00. The County Assessor recommended this refund be allowed. Commissioner Williams moved the refund be allowed. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Tom Boni, Assistant Planning Director, advised Beaver Creek had previously provided the County with revisions to their plats. The Board recommended approval with technical corrections being made to the final plats. Mr. Boni advised one point he wanted to bring to the Board's attention was a transfer of dwelling units clause on the Beaver Creek PUD. Usually this is done by presenting the Zoning Administrator with all documents of the transfer and he is asked for a sign -off, The Board approved this in a clarification of the plan in 1979. With this particular item there were 42 units involved in the transfer. Mr. Boni felt the Board should review it as it involves transfer out of the village core into Tract D which is a multi -family tract that originally showed 48 units in the Master Plan, The Staff basically approves this as a revision. Commissioner Williams moved to sign the second amendment to the first filing of Beaver Creek Subdivisie Block 1 Tract A. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Commissioner Williams moved the Chairman pro tem sign the first amendment to Beaver Creek Subdivision Filing 2 Tract D, K, L, & a portion of J Block 1. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. 19— Road Vacation Eagle River MHP Malpais MHP Abatement: Remiqio Velez Abatement: Petracca Beaver Creek &5 Proceedings of the Board of County Commissioners Pnd day_ sea mbe-r-teen 19Rn Merit IncreaseMick Kasher, Administrative Assistant, presented recommendations from the Personnel Committee Meeting on August 21, 1980 concerning pay raises and merit increases. Chairman pro tem Troxel stated if cost of living increases are granted he does not feel there will be enough money for merit increased. He is in favor of trying to reach the 14.3% cost of living increase rather than merit increases. The Board advised until more facts and figures are available the Board will commit to a $150.00 increase across the Board. 548 Stone Creek Drive Tom Boni, Assistant Planning Director, presented the amended plat entitled 548 Stone Creek Drive for the Chairman's signature. Commissioner Williams moved the amended final plat of 548 Stone Creek Drive resub of Lot 1 Block 3 Eagle -Vail #1 be signed by the Chairman pro tem. Chairman pro tem Troxel seconded the motion and declared the vote uanimous of the two voting. The plat was signed. Greyhound Bus Bill Cohen, Regional Director of Service Development for Greyhound Bus Lines, appeared and advised the Lines Board that in 1979 Greyhound made an application before the Interstate Commerce Commission for authority to operate bus service between Denver, Colorado and Cedar City, Utah. They commenced emergency temporary service from August 1, 1979 until September 2.5, 1979 during the fuel crisis. Mr. Cohen advised this area is one of the few highway systems not serviced by two major carriers. This means passengers boarding in this area have to originate outside the State of Colorado. Greyhound will be having hearings in Denver, Grand Junction, Las Vegas, and Los Angeles in regards to this matter. Mr. Cohen does not feel one given carrier can take care of the passenger load in this area during ski seasons. Mr. Cohen advised the reason he is present today is to get the Commissioners to consider a Resolution supporting the Greyhound application. Chairman pro tem Troxel likes the concept of competition in private enterprise but is concerned if Greyhound does damage Contenental Trailways they will stop servicing the very small towns for economic reasons Mr. Cohen explained if Greyhound's application is approved they will then apply for local authority and serve small towns. Commissioner Williams stated he approved of and supported the Resolution. Commissioner Williams moved the Board of County Commissioners go on record as supporting the Resolution setting forth Eagle County's intention of supporting the Interstate Commerce Commission to grant the applicati for Greyhound Lines, Inc the authority to operate a motor bus service generally between Denver, Colorado and Cedar City, Utah over I-70, U.S. 6, U.S. 89, and I-15 serving alliimmediate points. This is for the Inter- state Commerce::Commission only and is not to be confused with the PUC hearings that may involve other local towns. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Eagle T.V. Chairman pro tem Troxel advised the next item was the Eagle T.V. Association with Doris Johnson and Association Eldon Wilson. Eldon Wilson appeared and requested the County contribute funds to install Channel 6 and Channel 2. He advised there are 700 statements sent out monthly. The T.U. Association receives money from the Town of Gypsum, the Town of Eagle, and the Town of Minturn along with private- donations. Mr. Wilson advised they are requesting a contribution of $2,000.00. Chairman pro tem Troxel advised he has no problem with the request as it will only be for one time. Commissioner Williams feels it makes sense to bring Channel 6 which will service the majority of the County. Commissioner Williams moved the Board make a one time donation to Eagle Vally Television Corporation in the sum of $2,000.00. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. There being no further business to come before the Board the meeting was adjourned until September 5, 1 Attest: 2 A�94_011 -Clerk to the Board Chairman Commissioner Williams moved the Chairman pro tem sign the amended plat of Lot 18 Tract F Block 1 Beaver Creek Subdivision Filing 2. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Sheriff's Mick Kasher, Administrative Assistant, advised the Sheriff has requested the Commissioners formally Dept. transfer the 198 car to the Sheriff's Department. This car was formerly used for the Intergovernmental Motor Pool. The Sheriff is proposing to use it as a Civil Officer car. Commissioner Williams moved 198 be transfered from the motor pool to the Sheriff's Department. The operational expenses, thereof will be taken out of the Sheriff's budget. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Edwards Road Mick Kasher, Administrative Assistant, appeared to ask which fund the survey of the Edwards Road in the Survey amount of $750.00 will be drawn from. Chairman pro tem Troxel moved the survey of the Edwards Road in the sum of $750.00 be paid out of the Miscellaneous Fund as it was not budgeted in the Engineers Fund, Commissioner Williams seconded the motion and the vote was declared unanimous of the two voting. Merit IncreaseMick Kasher, Administrative Assistant, presented recommendations from the Personnel Committee Meeting on August 21, 1980 concerning pay raises and merit increases. Chairman pro tem Troxel stated if cost of living increases are granted he does not feel there will be enough money for merit increased. He is in favor of trying to reach the 14.3% cost of living increase rather than merit increases. The Board advised until more facts and figures are available the Board will commit to a $150.00 increase across the Board. 548 Stone Creek Drive Tom Boni, Assistant Planning Director, presented the amended plat entitled 548 Stone Creek Drive for the Chairman's signature. Commissioner Williams moved the amended final plat of 548 Stone Creek Drive resub of Lot 1 Block 3 Eagle -Vail #1 be signed by the Chairman pro tem. Chairman pro tem Troxel seconded the motion and declared the vote uanimous of the two voting. The plat was signed. Greyhound Bus Bill Cohen, Regional Director of Service Development for Greyhound Bus Lines, appeared and advised the Lines Board that in 1979 Greyhound made an application before the Interstate Commerce Commission for authority to operate bus service between Denver, Colorado and Cedar City, Utah. They commenced emergency temporary service from August 1, 1979 until September 2.5, 1979 during the fuel crisis. Mr. Cohen advised this area is one of the few highway systems not serviced by two major carriers. This means passengers boarding in this area have to originate outside the State of Colorado. Greyhound will be having hearings in Denver, Grand Junction, Las Vegas, and Los Angeles in regards to this matter. Mr. Cohen does not feel one given carrier can take care of the passenger load in this area during ski seasons. Mr. Cohen advised the reason he is present today is to get the Commissioners to consider a Resolution supporting the Greyhound application. Chairman pro tem Troxel likes the concept of competition in private enterprise but is concerned if Greyhound does damage Contenental Trailways they will stop servicing the very small towns for economic reasons Mr. Cohen explained if Greyhound's application is approved they will then apply for local authority and serve small towns. Commissioner Williams stated he approved of and supported the Resolution. Commissioner Williams moved the Board of County Commissioners go on record as supporting the Resolution setting forth Eagle County's intention of supporting the Interstate Commerce Commission to grant the applicati for Greyhound Lines, Inc the authority to operate a motor bus service generally between Denver, Colorado and Cedar City, Utah over I-70, U.S. 6, U.S. 89, and I-15 serving alliimmediate points. This is for the Inter- state Commerce::Commission only and is not to be confused with the PUC hearings that may involve other local towns. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Eagle T.V. Chairman pro tem Troxel advised the next item was the Eagle T.V. Association with Doris Johnson and Association Eldon Wilson. Eldon Wilson appeared and requested the County contribute funds to install Channel 6 and Channel 2. He advised there are 700 statements sent out monthly. The T.U. Association receives money from the Town of Gypsum, the Town of Eagle, and the Town of Minturn along with private- donations. Mr. Wilson advised they are requesting a contribution of $2,000.00. Chairman pro tem Troxel advised he has no problem with the request as it will only be for one time. Commissioner Williams feels it makes sense to bring Channel 6 which will service the majority of the County. Commissioner Williams moved the Board make a one time donation to Eagle Vally Television Corporation in the sum of $2,000.00. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. There being no further business to come before the Board the meeting was adjourned until September 5, 1 Attest: 2 A�94_011 -Clerk to the Board Chairman 4c-,')6 Proceedings of the Board of County Commissioners—day—term 19— 19— Proceedings of the Board of County Commissioners 5th day September teen 1980 SPECIAL MEETING Present: Dale Grant Chairman (absent) Johnnette Phillips Clerk to the Board Keith Troxel Commissioner Mary Merklinq C.S.R. Dan Williams Commissioner The following bills were examined, approved and warrants ordered on the proper funds for same in full payment thereof: 19. GENERAL FUND General Fund Payroll $ 113,034.57 Xerox Corporation Xerox useage 662.47 C.F. Hoeckel Office Supplies 613.02 Janice M. Carney Room Rent 31.80 Intergovernmental Motor Pool Motor Pool useage 455.70 I.B.M. Typrwriter, copy machine rental 2,355.40 Top Drawer Office Supplies Office Supplies 191.93 U.A.R.C.O. Computer Paper 401.87 Eagle Computer Systems Computer Services 355.50 Eagle Valley Enterprise Leaqal Notices & advertising 1,084.08 3-M Business Products Duplifiche installment payment 1,911.84 Northwest Colo. Council of Govn. Meetings and assements 36.25 Allen Insurance Aqnecy Insurance 17,871.00 Dale F. Grant Travel Expenses 290.20 Dr. Ben Galloway Autopsy and Travel 345.00 Kier Laboratories Lab tests 55.00 Raymond the Printer master index cards and envelopes 275.00 Japanese Auto Parts. Spark plugs -repair parts 65.12 Vail Auto Supply Auto parts _22..51 Boise Cascade Locks 27.00 Eagle Valley Conoco Mount and balance tires 38.50 Eagle Pharmacy Operating supplies 126.51 Collett Enterprises Gasoline 1,278.39 Eagle Auto Parts Tire changes 54.27 Berthod Motors Mount Emergency lights 54.66 Phillips Petroleum Gasoline 54.96 Standard Recap Co Tires 247.52 Colorado State University Hypnosis School Tuition 437.72 Greater Eagle Fire Protection Emergency phone service. -,#911 8.30 Rockies Cafe Didder Vail Mountain Rescue 58.15 Vail 66 Service Gasoline 20.25 Commercial Office Products Office Supplies 503.85 Eagle -Vail Linen Supply Linen Services 160.67 Vail Mountain Medical Medical services 402.00 Vail Valley Medical Center Medical Services 53.00 Glenwood Medical Assoc. Medical services 28.55 Bernieces Place Meals -search for escaped prisoners 89.10 Bernies Burger Oueen Food 26.25 The Kuttin'Korner Court ordered haircut - Heintz 7.00 Mike Lederhouse Aircraft rental 108.00 Nottingham Sand and Gravel Finance charge 1.50 Eagle Volunteer Fire Dept. August garage rent 75.00 Office of the District Attorney September expenses 5,891.58 Charlette Pascuzzi Reimbursement for postaqe due 1.83 Glenwood Post Legal Notices 7.25 Vail Trail Legal Notices 115.32 Roaring Fork Journal Legal notices 11.01 The News Legal notices 8.90 Blue Ribbon Trophies Fair award 80.59 Jana Jae Balance Due -entertainment at fair 250.00 Best Western Lodge Fair Judges 211.05 Sam Haslem Round Robin Judging team 76.50 Donna Balswin Judging 26.48 Fran Linemeyer Fair Judge 65.88 Devon Knutson Fair Judge 166.90 Dr. R.M. Teegarden Fair Judge 187.96 Nikki Pressler Fair Judge 23.68 Ray Cogburn Fair Judge 33.68 CSU Judging Team Fair Judge 117.90 Cheryl Daugherty Fair Judge 15.00 Dorothy Nordstrom Fair Judge 25.00 Narjorie Todd Fair Judge 25.00 Colo. Dept. Of Agriculture Rodent control Bait 1,244.50 Wilson Radio & TV Invoice 26418 7.75 Shelley's Invoice 016804 25.65 Animal Control Reimburse petty cash 22.05 Beasley's Super Foods Cat Food 23.60 Basalt 66 Supplies 69:,90 Alpine Animal Hospital Invoices 3258 22.00 Daniel Jones DVM 5 RV 35.00 Mountain Bell July Phone bill 97.69 Paradise Kennels Board of dogs 369.50 Road d Bridge Fund Gas consumption 429.68 Allen Gerstenberger Associates Elderly Facilities Programs 2,329.62 John A. Graves Mileage to and from Airport 44.30 W.W. Grainger Invoices 216241153 84.27 The Regents of the Univ. Calf. Water Distribution System 500.00 TRIG Invoice 46668 452.54 Upper Colorado River Community Center Grant for Happy Time School 1,200.00 Tri -County Youth Council L.E.A.A. Passthrough grant reimbursement 16.000.00 Coca-Cola Bottling Co. Invoice A-000197 156.00 American Writing Supply Invoice 143107 53.28 Proceedings of the Board of County Commissioners 5th day September term 19__8o_ 19 Tim Tunnel] Cash advance 4 500.00 Sun - TV & Appliance Invoice G323693 62.00 Kaibab Industries Invoices 1358 & 1362 506.63 Mid -American Chemical Corp. Invoice 15290 142.41 Elbert Baldrey Purchase trip P..80 Engineered Fire and Security Equipment Smoke detectors replaces 273.24 Roro Rooter Plugged sewer lines 85.00 Mary Merkling Special transcript of Adams Rib Meeting 447.75 American Planning Assoc Membership dues 77.00 Fortunes Pizza Meals for PC 27.90 The Meating Place Meals for PC 44.85 H.R. Meininger U.P.S. 1.43 Rio Grande Motor Way Invoice 76278156 10.78 First Bank of Eagle County Aug. Payment for 3 F.agle cars 653.38 'Ed Hammer Electrical Inspection 1,292.33 Buskeye Gas Products Invoice 856395 32.89 Sanborn Equipment and Supply Regulation Sign 245.00 Grand Junction Steel Invoice 57083 53.74 Denver National Bank Quarterly loan payment 10,52.4.36 Hometown Supply Co Supplies 40.93 Nettie Reynolds Travel 26.00 Computer Election Systems Flection Supplies 215.50 Marianna Bolt Travel 70.99 Eagle County Clerk Post cards for Election 5.40 Larimer County County Clerk. Slide presentation & tape cassette for election 150.00 G.E. Bernhardt Judging- County Fair 23.68 Mountain High Enterprises Overpayment on Bldg permit plan check fee 40.00 Eagle Electric County Court remodeling 634.62 Pesss-Division of Employment FICA taxes withheld 6,928.97 Blue Cross/Blue Shield Insurance 6,208.75 Rocky Mountain Life Insurance 321.95 C.F. Hoeckel Billing 573.56 Gary Shields Travel 42.00 Stuart Stasky Travel 137.40 Eagle Valley Enterprise Special Airport Committee meeting 191.28 Raymond's Office Maxhines Billing 38.50 Mary Merkling Court reporter services 310.00 Dan Williams Travel 78.60 W. Keith Troxel Travel 262.50 Dan Williams Travel 147.80 Reubens Invoice 921545 347.45 Donna Meineke Expenses 169.17 Dr. Jerry Steinbrecher Leilah Mosher -Autopsy 300.00 (Doug Foster Deputy Coroner duties on Keith Chase 25.00 Dave Wagnor Deputy coroner duties on Anna Wilson 30.00 Ben Galloway Autopsy on Steven Jones 351.51 Kier Laboratories Invoice 35456 45.00 Boise Cascade Billing 1,813.48 Allen Insurance Agency Bonds for deputies 91.00 Commercial Office Products Billing 378.16 Randy Parker B 12092 45.69 Basalt Dr.ig Company tapes, batteries film, pepsi 55.67 Tuxall Uniforms Company Deputies uniforms 610.65 Collett Enterprises Billing 2,293.68 First Bank of Eagle Loan payment 2,348.45 Colorado Mountain College Invoice 2815 65.00 Don Lloyd Studios Service 232.98 Eagle Telecommunications Billing 3,850.21 Mountain Bell Billing 493.27 David Cochran Travel 22.41 David Cochran Travel 105.80 Daniel Parker Travel 5.96 Robert E. Ashley Travel 1.13.46 Thomas G. Early Jr. Travel 25.24 Robert E. Ashley Travel 139.00 Eagle Valley Conoco Invoice 1616 9.00 West Vail 66 Invoice 19 5.00 Mike Lederhouse Aircraft expense 45.50 Starr Doll certified copy of death certificate 2.00 George Rude Billing 699.00 Gypsum Cafe Meals 203.04 Dan Sparkman Travel 3.00 CMI Invoice 29282 1,374.00 Vail Valley Medical Center Hospital billing 840.35 Gerald J. Fedrizzi Proffessional services 40.00 Daniel Parker Travel 12.18 Best Western Lodge Invoice 028782, 028809 88.20 Gypsum Volunteer Fire Dept Billing 300.00 Beth A. Whittier Travel 102.00 Beth A. Whittier Seminars 221.00 Charlette Pascuzzi Travel 25.60 Glenwood Post Invoice 11230, 11229 9.86 Colorado State University E08280 30.26 Karen Crane Travel 28.50 Mary S. Bernhardt Travel 152.02 Jack D'Orio Travel 337.00 Judith Rude Travel 40.50 Jack D'Orio Filing of trademark 66.00 Isbill Associates 80-850A-02 1,647.32 Raymond the Printer Billing 21.00 Raod and Bridge Fund Gas consumption 393.66 Buskeye Gas Propane 76.44 Paradise Kannels Basalt dog pound fee 210.00 Proceedings of the Board of County Commissioners 5th day September teen 19 80 First Bank of Eagle County Jefferson Bank & Trust Roto Rooter Foster Smith J. Rex Fleming Karen Crane John A. Graves RGMW W.W. Grainger Melton E. Atwell Claude L. Gerard James E. Nimon Boss Business & Office Supplies Jane Merritt Eagle Nursing Service Eagle Nursing Service Eagle Nursing Service Eagle Nursing Service Eagle Nursing Service Eagle Nursing Service Vali Valley Medical Center Tri -County Youth Council Mountain Rivers ARC Rosie Capodieci Denver Post American Public Works Glenwood Supply Company Brent Service Hometown Supply Company Elbert Baldrey Rocky Mountain Natural Gas Eagle Electric Roro Rootor Eagle Valley Glass & Mirror Elmer Glass Company Zoning Bulletin Community Department Community Development James Williams Fortunes Pizza International Conference of Erik Edeen Resource Recovery 3lenwood Toilet Rentals Eagle Pharmacy Jelma Larsen ielmut Fricker _ucille Lieber -agle County School District 3easley's Super Foods Jirginia Rose lohnnette Phillips 4arianne J. Bolt Bldg Officials nerican Marketing International AL-------------------- ad and Bridge Fund Ilett Enterprises aymonds ommercial Office Products niversal Engineering Supply Co agle Valley Enterprise etty Cash oug Pilcher ick Wheeler ampa Valley Electric oss Business & Office Systems .W. Grainger A "R" Manufacturing olorado State Treasurer. estern Slope Uniform entral Tool ollette Enterprises estway Paving uckeye Gas Products olland Auto Parts upplies Unlimited ase Power & Equipment awson Products afety-Kleen Corp GMW Motor Way esa Mack Sales & Service lam Construction ep Manufacturing Company alley Gas & Welding inclair Marketing own of Vail ilson Trailer Sales ete Honnen Equipment rake & Wheel Service Payment -Animal control Lease payment Invoice 3442 Gas Gas Secretarial Travel Billing 216242709 Travel Travel Trave; Invoice 073535 audimoter repair postage, petty cash fund in Basalt Postafe reimburse petty cash Travel Travel Travel Travel Office Rent, Xerox copies LEAA Grant Service for billing Travel Classified ad C801787 Fairgrounds construction material 1857 Supplies Travel Expenses Gas 1027 2852 00622 39617 Subscription Travel Travel Travel 704-25 M43711, 045003 Travel Travel 04105 4 Name tag material Entertaining Coordinator, Mileage, postage Transportation to Jamboree & recreation Supplies Supplies for conference luncheon Travel Travel Invoice 40623 ROAD & BRIDGE Payroll Fuel Recorder tape Supplies Books, Binder, Sheets Stamps Misc. Cash Advance Lease on 79 Chev Pickup Billing Supplies Supplies Steel posts Unemployment claims Invoices 9513, 13324, 7912 8 Way Puller Supplies Gas for new pickups Invoice 995002 Supplies Supplies Supplies Supplies Invoice 523173 Services Invoices 36783,36767 Hot Asphalt mix Invoice 42025053 Invoices 17907, 17587 Invoices 292919 et al Invoice 1495 Invoice 10980 Invoices 32003 et al Invoice 2062 205.68 210.54 60.00 12.00 240;00 41.25 26.80 10.78 104.15 134.00 253.60 126.20 40.00 11.00 23.26 16.80 42.30 65.75 25.00 111.00 486.80- 8,000.00 487.30 38.40 19.20 130.00 321.80 119:01 283.99 1.60 72.59 77.50 110.00 45.23 250.00 32.50 40.20 10.40 85.00 28.40 514.00 61.91 31.55 55.00 11.88 2.74 50.00 198.86 390.20 69.54 15.24 89.64, 4.65 488.04 ------ $ 240,897.81 38,326.77 6,530.86 11.85 79.28 53.24 60.75 74.59 1,000.00 204.77 131.90 78,/.15 558.72 402.00 9120.97 24.95 2,450:22 57.62 147.00 1,783.47 184.40 68.23 3,019.34 26.75 94.78 273.93 31,741.89 34.48 81.50, 20,926.08 45.19 588.95 2,555.43 189.54 Proceedings of the Board of County Commissioners 5th day September term 19--n Carbondale Auto Supply Cummins Power Glenwood Auto Supply Roberts Electric Motor Service Beco Construction Equipment Faris Machinery Company Denver National Bank Denver National Bank Jefferson Bank & Trust Williamson Truck Equipment Republic National Bank Jefferson Bank & Trust Grand Junction Steel Hanson Equipment Egale Telecommunications Mountain Bell K.F. Arnold Rocky Mountain Natural Gas Central Tool Johnie Vaughn Excavating & Construction B & B Excavating Nottingham San & Gravel Safety-Kleen Corporation Roaring Fork Sand & Gravel Grand River Construction Ernest Cock Max McCoy Frank Daughtery Pesss-Division of Employment Blue Cross/Blue Shield Rocky Mountain Life Collett Enterprises Elam Construction Invoice 51896 Invoice 352716 Supplies Invoice 1427 Invoice 1956 Invoice 3755 Ouarterly loan payment Quarterly Loan payment Loan payment 1970 Ford F 600 Fuel Truxk Loan payment Loan Payment Invoice 57094 Billing telephone charges Telephone charqes transportation Gas Invoice 0307 Rental on Barriers Statement # 8701 Billing Invoice 884642 Invoice 0226 24.76 tons coed -mix asphalt Travel Travel Travel FICA taxes withheld Employees contribution coverage Employees contribution coverage Billing Invoices 6390, 6449 $ 19- 19.25 877.46 29.50 78.63 375.00 446.00 5,421.64 32,264.40 1,988.10 13,765.16 960.55 2,304.10 597.93 974.10 408.70 53.87 74.40 37.82 „ 7.26.57 162.00 12,382.48 6,312.52 27.75,1 1,134.81 841.84 97.60 86.80 109.60 2,349.41 1,974.51 91.69 11,426.74 35,759.64 TOTAL--------------------------------------------------------------------------------------------$ 246,397.50 Library Fund Steamboat Repertory Theatre Road and Bridge Fund Eagle Towing Steamboat Repertory Theatre Kaman Bearing and Supply Xerox Corporation Pesss-Division of Employment Colorado State Treasurer Eagle Pharmacy Garfield County Public Library Catalog Card Corporation Associated Libraries American Econo-Clad Services Baker & Taylor Baker & Taylor Gordon's Books Prentice -Hall Bradford Publishing Red Checkered Picnics Kirkus Service Eagle Telecommunications Mountain Bell Niki D. Woods Quick Valley Printing BroDart/Book Express Blue Cross/Blue Shield Rocky Mountain Life LIBRARY FUND Payroll 6,226.00 Children's Summer Program 50.00 Gas Useage 96.75 Towing charges 40.00 Children's program performance 150.00 Invoice 758160. 5.22 Xerox charges 22.99 FICA taxes withheld 381.65 Unemployment Claims 184.00 Office Supplies 15.83 OCLC Processing 118.36 Catalog card sets 107.46 Supplies 81.82 Invoices 163755 131.08 Books 13.76 G25814664R 4.88 Books 79.59 BX552916 3.35 55333 5.50 Book 5.50 Periodical Service 110.00 Installation of phone and charges 125.65 Minturn Phone Service 17.68 Travel 30.60 Invoice 1315 31.80 Books 172.08 Inxurance premiums 328.83 Insurance premiums 18.60 TOTAL--------------------------------------------------------------------------------------------- $ 8,558.98 This being the regular meeting for payment of bills and for such matters as appear on this days agenda, to wit: Commissioner Williams moved Commissioner Troxel be appointed Chairman pro tem. Commissioner Troxel seconded the motion and declared the vote unanimous of the two voting. Gordon Whittaker appeared to discuss the Bruce Creek Road. He advised there has been no maintenance on the road, a cattle guard is out, and the culverts are filled. Mr. Whittaker requested a grader be loaned to him and he would get a man to work on the road. Chairman pro tem Troxel explained there was a previous meeting on this matter and Mr. Pilcher was to make arrangements to get a grader in that area. He advised the County could not allow a private individual to take a County vehicle. Commissioner Williams advised the County has tried to prioritize the problems and try to cure the dangerous situations in the most poulated areas first. Mel Atwell, County Engineer, explained the tax money is being stretched to cover the more populated areas. The Board agreed to attempt to upgrade the road and maintain it this winter. Chairman pro tem Troxel advised the next item on the agenda was the Upper Kaibab Homeowners. Carol Beck,representing Upper Kaibab Homeowners, stated the road should be paved as it has been accepted by the County and on the priority list for two years. Revenue Sharing Funds were discussed and Ms. Beck requested use of some of the money for the Upper KaibabI Road. I Thomas Rou presnted a petition for the upper half of the Upper Kaibab Road. I Commissioner Williams discussed the Revenue Sharinq Fund and advised $1,980.00 was the total amount of 11 taxes paid by Upper Kaibab homeowners into the Road and Bridge Mill Levy. j Ernie Cram stated when he bought his property he was told when 50% of the build out was completed the road would be paved. Bruce Creek Rd. Upper Kaibab Homeowners Proceedings of the Board of County Commissioners—.5th day September team 19 8o He advised the road was given a "skin job' of graveling originally. He advised the weeds in and along the side of the road are a serious problem. Chairman pro tem Troxel feels the County can gravel and upgrade the road. He committed to a portion of the road being paved if there is enough money. Johnnette Phillips requested striping be put on the road and the weeds be cut. Carol Beck questioned why the County began the paving on Kaibab if they were not going to continue. Jan Fedrizzi discussed the maintenance of the road and requested a maintenance schedule be drawn up. Chairman pro tem Troxel suggested a representative of Kaibab attend the Budget meeting to see which roads will be paved and patched. Resource Chairman pro tem Troxel advised the next item was a report on Resource Recovery from Jo Ann Deighan, Recovery Resource Recovery Project Manager. Ms. Deighan advised the main item that needs consideration today is the Cooperative Agreement for PhaseII This outlines EPS's portionof $130,000.00 for a 13 month project period running from September 5, 1980 until October 25,.1981. She advised there are -.,4 copies of the agreement, and_if the Board.accepts it 3 copies will be returned to EPA and the project work will begin immediatly. Commissioner Williams moved the application for Federal financial assistance for Phase II of the Resource Recovery procurement planning be approved with the condition it is appropriate after the County Attorney's review. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Ms. Deighan presented a request for reimbursement to be submitted to EPA. This is the fifth and final request for reimbursement for Phase I of the project. This bills EPA for the final $4,734.77 of the EPA portion of Phase I. Ms. Deighan advised the second sheet which also need the Chairman's signature was the Financial Status Report. Commissioner Williams moved the request for reimbursement and the Financial status Report be signed by the Chairman pro tem. Chairman pro tem Troxel seconded the motion and the viae was declared unanimous of the two voting. James P. George Rosenberg appeared and advised Jim Johnson, Congressman for the 4th District, is retiring. Johnson Mr. Rosenberg advised Mr. Johnson's office has been good to the County. Mr. Rosemberg requested the Board consider a Resolution of.commendation. Mr. Johnson is returning to Ft. Collins and has formally applied for the job as President of Colorado State University at Ft. Collins. Mr. Rosemberg requested a recommendation from the Board for Mr. Johnson. Chairman pro tem Troxel advised,he has no problem with the Resolution of commendation but if there are other applicants for the position of President of the University that may also.approach Eagle County for a recommendation. Mr. Rosenberg explained the process for the choosing of a Chancelor. Usually academic groups make the choice and Mr. Johnson did teach at the University while he was at Ft. Collins. Commissioner Williams moved the Resolution of Commendation to the Honorable James P. Johnson be prepared by Mr. Rosenberg and signed by the Chairman. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. There being no further business to come before the Board the meeting was adjourned until September 8, 19£ pro Attest: 4W-� �i , 'Clerk to the : ,� , I,: i Proceedings of the Board of County Commissioners 8th day September term 19 8o SPECAIL MEETING Present: Dale Grant Chairman(absent) Keith Troxel Commissioner Dan Williams Commissioner Susan Vaughn Linda Hatton Mary Merkling Planner Secretary to Clerk to Boa C.S.R. This being the regular day for Planning matters to be heard the following items were presented, to wit: Commissioner Williams moved Commissioner Troxel be Chairman pro tem. Commissioner Troxel seconded the motion and the vote was declared unanimous of the two voting. Request: Zone change for 117 acres from Resource to Rural Residential and Sketch Plan for 24 units Location: Section 6, 175S, R82W parcels to the North, south, east and west of the Hwy 6 bridge over Lake Cre Susan Vaughn, Planner, advised the first item on the agenda wasa request for a zone change from Resourc to Rural Residential in the Edwards area. This item was tabled from the August 8, 1980 meeting to allow the applicant to clarify whether there are any legitimate interests in the water storage reservoir at Edwards. Chairman pro tem Troxel advised the Board met last week with interested citizens to discuss the status of the Edwards Reservoir. Bill Post advised at the previous public meeting the Board had gotten as far as a motion and Commission Williams wanted assurances on who was planning to build the reservoir. Mr. Post stated it was brought out by Mr. Balcomb at the September 2, 1980 meeting that the plans shoul be for the future. Mr. Post believes the burden by the applicant has been shown. Mr. Post requested the Rural Residential zoning be put on the 24 units that would have been allowed if it was not for the reservoir issue. Chairman pro tem Troxel feels this is a good location for a dam or res=ervoir.. He believes in the near future the County might have the ability for water rights in that area. He does not want to preclude that by zoning the lower area. Chairman pro tem Troxel stated he would only agree to having this area as a reservoir site if the Count or someone helping the County builds it. He would rather initiate a purchase of that parcel so the County would have control of it. Commissioner Williams feels one option available is to approve, the zone change and at subdivision stage make sure the building envelopes are away from the high water marks of the proposed dam site. There should be a plat notation to make the buyers aware there may come a time when condemnation may take portions of the lots. It appears the request is consistant with other land uses. Bill Post stated the applicants would be happy to get zoning and then not submit subdivision process for 1 year to allow the County to decide if they are interested and they want to purchase ft. The applicant could start improvements on the south side and stay away from the north side for one year. Mr. Post advised they are ready for sketch plan on the south side of the road. Steve Isom explained the proposals. Ms. Vaughn stated with the highway right-of-way through the parcel it makes two seperate parcels. Steve Isom explained the transfer of the density and advised they are not transferring land as in a PUD but are clustering the units. Ms. Vaughn advised the Staff has no, difficulty in putting the number of units on the south side of the road but the County has no legal mechanism for doing so. Tom Boni, Assistant Planning Director, advised the Staff is not committing to a certian number of lots in the zoning stages. Ms. Vaughn advised --the Staff recommended approval as they believe Rural Residential zoning is consis- tant with the densities considered for the Edwards area in that it is a lessor density than at the Edwards Center. The Planning Commission -recommended approval. Ms. Vaughn explained the Staff felt 24 lots would not inundate the market. Also they were for single families rather than multiple families. Commissioner Williams feels the Board has the latitude to protect the dam site even if zoning is applie He is not sure if this would be legal if it was denied on the basis of the dam site. Commissioner Williams moved Zc-131-80 be approved. Chairman pro tem Troxel seconded the motion and stated in discussion the applicant has stated he will not submit plans for the north side of Highway 6 for one year, The vote was declared unanimous of the two voting. Chairman pro tem Troxel stated in regards to Su -141-80 he would rather than hear it today have it revised for the sketch plan to exclude the northern portion. Mr. Post requested Su -141-80 be tabled and resubmitted. Chairman pro tem Troxel moved Su -141-80 be tabled at the applicants request until such time as the applicants meet with Staff and the County Attorney to resolve items mentioned in this hearing. This will then be resubmitted to the Board as a sketch plan. If the plan is modified it shall go through the Planning Commission and the Board of County Commissioners. Commissioner Williams seconded the motion and the vote was declared unanimous of the two voting. 19— Zc-131-80 Su -141-80-S Brett Ranch Chairman pro tem Troxel moved Zc-134-80, Wally Dallenbach be tabled at the applicants request until Walley Dallenbach October 14, 1980. Commissioner Williams seconded the motion and the vote was declared unanimous of the two voting. Susan Vaughn, Planner, advised the next item was a request for placement of an asphalt plant at a gravel Schmidt-Tiago pit near Wolcott. Ms. Vaughn advised there is presently a SUP allowed for gravel extraction on this site Construction which will expire November 29, 1981. The applicant, Schmidt-Tiago Construction, is requesting to place an Zs -124-80 asphalt plant on that site until the expiration of the SUP. Ms. Vaughn advised the Staff recommended approval of this item. Schmidt-Tiago has submitted and FIR showing there are only minor impacts from an asphalt plant. The Planning Commission recommended approval. Commissioner Williams moved Zs -124-80 be approved. Chairman pro tem Troxel seconded the motion and the vote was declared unanimous of the two voting. Request: Special Use Permit to build 3 airplane hangars at the Eagle County Airport Zs -125-80 Location: Northeast side of the airport, in Tract 56, Section 3, T5S,R85W C.P.L. Susan Vaughn, Planner, advised the next item on the agenda was a request by C.P.L. Partners to place Partnership 3 hangars at the Eagle County Airport. She pointed out the location of the proposed hangars. Jim Potter, advised CPL was before the Board last year to renegotiate the lease. This ,year they are in a Special Use category. Chairman pro tem Troxel stated the only item he remembers about the proposal prior to this was that there would be some paving done by C.P.L. Proceedings of the Board of County Commissioners —Bt -n day_-septembex- tens 19.8 19 Susan Vaughn advised this SUP is not one which would have annual review unless the Board chose to initiate. annual review. The Staff recommended approval and suggested if there are any permanent employees there should be provisions made for sanitation facilities. Mr. Potter stated there would be no employees there. Mr. Potter advised they intend to pave out 40' in front of the buildings to the south to the taxi area tie -downs. Chairman pro tem Troxel stated who ever uses that area with heavier planes will have to do the upgrading. Commissioner Williams omoved Zs -125-80. C.P.L. Partnership be approved. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Red Canyon Tom Boni, Assistant Planning Director, advised the next item on the agenda was an amendment to the Final Acres Plat of Red Canyon Acres. The purpose of the amendment is the realignment of the Warner Ditch. The applicant has submitted a letter he sent to Leonard Horn concerning transferral of the ditch. Ditch rights were discussed and the Staff was directed to get confirmation of ditch owners to be submitted the County Attorney to insure the legality of the matter. Commissioner Williams moved Red Canyon Acres amended plat be table until September 24, 1980. Chairman pro tem Troxel seconded the motion and declred the vote unanimous of the two voting_. Derby Creek Susan Vaughn, Planner, advised the next item was a claification of zoning for Derby Creek. She pointed out the location of the property on the plat and advised it is shown on the zoning maps as a Rural Center. The problem is the rural center zone does not follow any line. The buyers of this property are requesting the Board determine the zoning District line follows the property line. Ms. Vaughn read section 1.07 dealing with district boundaries. The Staff believes the line was drawn in error. The Board can make a determination that the zone follows the property line, includes the loop in the road, and follows the center of the river to the next property line. This would clearly indicate the zone district includes the area north and west of the river and does not include anything south and east. Commissioner Williams moved the clarification for the zoning property known as Derby Junction and/or Derby Creek be clarified by means of a map marked as Commissioner'.s Exhibit 1 for the purpose of this hearing. The boundaries are Eagle County Road #S39 north to the BLM property line, east along the BLM property line to a point where it then heads south and intersects with the center of the Colorado River which it follows until it heads northwest to meet the property line in back of the County Road S39. The clarification can be done with another exhibit which can be attached and will clearly identify the new boundary lines. Chairman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. Sm -169-80 Tom Boni, Assistant Planning Director, advised the next item was a plat extension for Sun..Design. Sun Design The plat has expired and the Staff recommends a 90 day extension be allowed. Commissioner Williams moved the plat be extended. Chairman pro tem Troxel seconded the motion and the vote was declared unanimous of the two voting. MHP Licenses Susan Vaughn, Planner, presented two approved mobile home park licenses for Malpais MHP and Jack Green MHP to be signed. Eagle Valley Johnnette Phillips, County Clerk and Recorder, presented a request for an amendment to the service plan Metro District for Eagle Valley Metro District and a request for waiver of the 10 day hearing notice requirement. The Board concurred they were not willing to waive the 10 day hearing notice requirement as they do not know why the applicants are requesting the waiver. Commissioner Williams moved to continue this item until September 10, 1980 at which time the Board will have the privelage to hear this as a public hearing. Chaiiirman pro tem Troxel seconded the motion and declared the vote unanimous of the two voting. There being no further business to come before the Board the meeting was adjourned until September 23, 1 rman lerk to the Boardi pro tem Proceedings of the Board of County Commissioners 23rd day September tern tg sn tg_ _- Special Meeting Present: Dale Grant Chairman JoAnn Deinhan Enviromental Health Assistant Dan Williams Commissioner Linda Hatton Secretary to Clerk to Board Keith Troxel Commissioner (absent) Mary Merklino C.S.R. With the morning spent hearing Enviromental Health items the following matters were considered by the Board: Jo Ann Deighan, Resource Recovery Project Manager, presented a contract between Eagle County and Resource Franklin Associates, Ltd for Phase II of the Resource Recovery project. Recovery Ms. Deighan advised the contract included the following three exhibits: Exhibit 1 Scope of work for Phase II Exhibit 2 Franklin Associates Droposed work plan Exhibit 3 Letter form William E Franklin to Jo Ann Deighan regardinn EPA workships and travel costs. made. Ms. Deighan advised the contract is the same as the Phase I contract with appropriate channes beinn Ms Deighan highlighted the changes in Section 2-5 and Section 7 of the contract Terry Lowell, Accountant, advised on the first contract Franklin Associates billed the County differ- ently than written in the contract. The contract was subsequently changed to correspond with the billing. Mr. Lowell recommended if these changes are accepted they not be inked in over the original amounts. He recommended an addendum or new contract be initiated. Mick Kasher, Administrative Assistant, stated there is an indirect cost rate that includes overhead which is renegotiated each year. It is standard practice to change the percentage of overhead at the time of renegotiations with the Federal government. Beth Whittier, County Attorney, advised there is a provision whereby if there are conflicts between the contract and exhibits the contract will govern. Ms. Deighan discussed the provision for maximum payment and the Board's rinht to discontinue the projec at any time with compensation being made to Franklin Associates for work comoleted. Ms. Deighan stated paragraph (c) was added to Section 7 requesting Franklin Associates to submit to the Board all sub -contracts. Mr. Kasher discussed the in-kind costs and the cash costs of the project. Commissioner Williams moved the Chairman sign the contract between Eagle County and Franklin Associates for the Resource Recovery project Phase II. Chairman Grant seconded the motion and declared the vote unanimous of the two votinn. At this time Mrs. Edeen appeared to request an extension of collateral until the summer of 1981 on a Subdivision Improvements Agreement. Commissioner Williams questioned what collateral the County holds on this project. Mrs. Edeen stated the County holds a first Deed of Trust on one of the lots for fi24,450.00. The lot has not been sold so there will be no building on this lot yet. Beth Whittier, County Attorney, stated there is no problem holding this collateral for one year. The Deed of Trust will have to be reviewed as it might state a certain date which might need to be channed. Commissioner Williams moved the agreement.be extended with -the condition of the County Attorney's execution of a new Deed of Trust. Chairman Grant seconded the motion and declared the v.ote,unanimous of the two voting. Beth Whittier, County Attorney, presented a,letter addressed to Colonel Paul Kodanaunh drafted by Jerry Dahl of the NWCOG pretaining to the Homestake Vater Project. This letter requests the Army Corp of Engineers to investigate the matters and make them aware the County adopted regulations as far as mitigation measures. Commissioner williams moved the letter to Colonel Paul F. Kadanaunh be sinned by the Board. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Elliott Ranch Homestake Water Project Beth Whittier, County Attorney, advised at the meeting of August 5, 1980 the Board considered the Resolution vacation of two portions of a County road in the Fdwards area. One portion was across the Eaton property with a recorded deed describing the road. The Board approved.the vacation of that portion only. The other portion has not been resolved at this time. Ms. Whittier presented a Resolution for the second portion of the road vacation. Commissioner Williams moved the Board of County Commissioners sign the Resolution in regards to the vacation ofa road located in Section 5, T5S, R82W of the 6th principle meridan. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Beth Whittier, County Attorney, advised the Board of Directors of the Fagle-Vail Metropolitan District Eagle -Vail have requested an amendment to their service plan. They have filed the petition and the proposed amendments Metro District with the Clerk and Recorder's Office. Ms. Whittier advised pursuant to 32-1-201 of the Colorado Revised Statute the Board needs to set a hearing on this matter. Commissioner Williams moved the hearing for the Eanle-Vail Metropolitan District be set for October 28, 1980 at 1:00 P.M. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Beth Whittier, County Attorney, advised claims had been presented to Eagle County from Mountain Mobile Insurance Mix and Nottingham Sand & Gravel regarding the accident on Lake Creek Road. claims At that time the Board denied the claims based upon the insurance company's representation station the County was not liable. Ms. Whittier mailed a letter to the insurance company requesting a verification of exactly what investigation was done. Ms. Whittier read the letter from McMillan Claim Service which stated their reasons for denial of the claim. Ms. Whittier requested a motion from the Board on whether they still wish to deny these claims or not. Chairman Grant stated as far as he is concerned he would still deny the claims. Commissioner Williams moved to take the letter, from the insurance company, under advisement for a period of 10 days. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Bob Radcliff appeared before the Board to discuss the bridge Upper Eagle Valley Sanitation District Bob Radcliff is putting in for their sewer plant. He has been informed it will only be a one lane bridge. He was under the impression previously that it would be a two lane bridge. Susan Vaughn, Planner, advised she reviewed the SUP which was approved for the sanitation district and at the time the bridge was in question the condition of the SUP stated the engineering for the access road and bridge must be acceptable to the County. Mel Atwell, County Engineer. advised the County had indicated to Upper Eagle Valley Sanitation they would need a two lane bridge. Upper Eagle Valley Sanitation did not believe they would require a two lane i. Proceedings of the Board of County Commissioners—z3nd--day s b -e- teen 19 Rn 19 bridge for the traffic volume generated. Mr. Atwell advised the difference in the bid price between a one lane bridge and an extended abuttment was $22,000.00. Commissioner Williams asked if the owner of the "paper" subdivision still owns the right-of-ways. Chairman Grant questioned if an agreement has already been made with the Sanitation District on the bridge. Mr. Atwell advised the SUP the County granted had conditions and as long as the conditions are met the agreement is in force. Commissioner Williams advised he was not aware the sewer ::would._. be placed in the County riaht-of-way. Commissioner Williams stated, from the County's perspective, he would not want taxpayers to pay for the upgrading of the bridge. Chairman Grant stated if Upper Eagle Valley Sanitation District used the easement they should build the road. Commissioner Williams questioned the County Attorney who controls the right-of-way on this approved plat Beth Whittier, County Attorney, advised this is strictly a public road and the County has no obligation toward it but the County has the right to keep the road open for public use. Ms. Whittier advised she has a problem with forcing Upper Eagle Valley Sanitation District to install a double lane bridge. If a single lane bridge is sufficient for present traffic the Board has no right to force them to install a double lane bridge. Ms. Whittier stated the County has jurisdiction of the road regarding requirements of road cut permits. Mr. Atwell questioned how the Board prefers to proceed on the bridge. Chairman Grant stated he would like to ask Upper Eagle Valley Sanitation District to work with Mr. Radcliff on the bridge to come to an agreement. Commissioner Williams moved to direct the Staff to inform Upper Eagle Valley Sanitation a road cut permi is needed to put the sewer line extension in the public right-of-way as identified on Eagle Crest Subdivision Filing #1. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Mr. Atwell asked if the Board feels it is appropriate for the bridge to be a two lane. Commissioner Williams questioned if it is the obligation of one entity to provide the bridge. Ms. Whittier advised the SUP was granted and if the SUP is amended it must go through the entire process Chairman Grant stated he does not want to amend the SUP.. Mr. Radcliff questioned who would be responsible for the two lane bridge. The Board directed the Staff and the County Attorney to research previous County Commissioner minutes to see if Upper Eagle Valley Sanitation District had stated there would he a two lane bridge. Ms. Whittier read the official Board' of County Commissioner minutes of June 9, 1980 regarding this item. Commissioner Williams stated given the fact the subdivision could occur if building permits were allowed it appears to be the County's responsibility to upgrade the bridge to what they deem appropriate and when it is deemed appropriate. In regards to all subdivision in that area that is not approved at this time it would behoove the County to apply in an equitable manner an allocation of cost to bring the bridge up to an acceptable standard. Mr. RAdcliff questioned if the property in the area could be assessed and put on the tax rolls, as they become lots, to help pay for the upgrading of the bridge. Commissioner Williams stated there is no wav to do this as the densities of the different subdivisions is not known. Mr. Atwell advised if there was no new bridge after.the public improvements were completed they would still be able to obtain building permits. Commissioner Williams advised it appears to him, in regards to the bridge, the District has done enough for the amount of traffic they will generate. In the event the subdivision can meet all building code standards and building permits are given, until something else occurs, the welfare of the bridge is the responsibilty of the County. Chairman Grant stated since the SUP was issued there is nothing the Board can do at this time to change it. Amended At this time the Board adjourned as the Board of County Commissioners and reconvened as the Board of Affidavit Equalization. Ella Bindley, County Assessor, presented an amended affidavit to the Assessor Roll. Commissioner Williams moved to amend the Affidavit of Assessment to the Assessor Roll in the amount of $154,931.330.00. Chairman Grant seconded the motion and the Vote was declared unanimous of the two voting. Continental The Board adjourned as the Board of Equalization and reconvened as the Board of County Commissioners. Trailways At this time a representative of Continental Trailways appeared and presented a Resolution in opposition to Greyhound Bus Line's application for interstate rights between Cedar City, Utah and nenver, Colorado over I-70. Continental Trailways prime concern is that at this time there are available seats on the schedule Continental operates over the Interstate route. Continental Trailways is requesting Eagle County deny Greyhound's application or stay on neutral ground. Commissioner Williams stated the Board had advised Greyhound they would support their application with the ICC. In regards to the intra -state--, application Commissioner Williams prefers the County not get involved Chairman Grant stated as Greyhound's Resolution has been signed the Board cannot support one in oppositic for Continental Trailways. Commissioner Williams advised the Board will stand pat on their interstate approval. When and if Greyhound's application is submitted to the County both parties involved will be contacted to be present. Bill Barnes Bill Barnes and Cliff Haycock of Dan Handy and Associates appeared before the Board to discuss the Audit December 31, 1979 Audit Report. Mr. Haycock advised on the Treasurers letter the only item which requires action by the Board is a schedule of unpaid personal property taxes which have become six years old. He recommended the Board review the list and determine if any items should have further action taken against them or if they should be writt off. Bill Barnes presented the audit report for the Board's consideration. Mr. Barnes presented a letter explaining areas he felt could be improved within the County system. Flooplain At this time the Chairman advised the Public Hearing for the Floodplain Regulations would be heard. Regulations. Beth Whittier, County Attorney, presented the Floodplain Requlations for the Board's consideration and advised the Floodplain Regulations are in three basic parts: 1. Consider adoption of the official map which has been approved by the Colorado Water Conservation Boa 2. Designate Floodplain Hazard areas as a matter of State Interest 3. Adopt regulations Ms. Whittier introduced Mr. Gene Jenscok and proposed he give a brief introduction to the Floodplain Regulations. Mr. Jenscok stated he has reviewed the regulations and made comments to the County Attorney which have been incorporated into the revised regulations. Proceedings of the Board of County Commissioners 23rd day September term 19 gD 19 Mr. Jenscok advised due to an oversight the Flood Insurance Study was never designated. He advised on December 4, 1980 there will be a Board meeting at which time the Flood Insurance Study will be designated. Any time thereafter the Commissioners can adopt these to Eanle County as part of the Floodplain Regualtions. Commissioner Williams questioned if these regulations could be used as criteria on zoning as well as subdivision. Ms. Whittier stated she believed they could. Commissioner Williams moved to continue this hearing until 8:30 A.M. Seotember 24, 1980. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. There being no further business to come before the Board the meeting was adjourned until September 24, 1980. Chairman Attest: — /Z,,� 4 �/ :��Af2z A,-,) erk to t e Boar Proceedings of the Board of County Commissioners 24th day_september term 19 8o Floodplain Regulations This being the day set aside for Planning matters the following items were presented for the Board's consideration: Beth Whittier, County Attorney, advised the firs: item of business was the Public Hearing on the Flood- plain Regulations continued until today. Ms. Whittier presented H.B. 1041 and the model Floodplain Regulations. She advised at this hearing the Board will need to determine if official maps delineating floodplain hazard areas within the unincorporated areas of Eagle County should be adopted. The Colorado Water Conservation Board, by Resolution dated May 12, 1978, adopted the Floodplain Informa- tion Report for Roaring Fork and Frying Pan River' On January 14, 1976 the Colorado Water Conservation Board approved the study of the Gore Creek Floodplain information. Erik Edeen, Enviromental Health Officer, lci'Cated on the plat future priorities of the Floodplain study as being the Wolcott area, Beaver Creek area, and the Brush Creek area. Mr. Edeen discussed the contribution of g'rantimoney from the Colorado 4�ater Conservation Board with a possible cut to 30%. Ms. Whittier advised the Board either approve or disapprove the officail maps in regards to: (a) consistancy of the boundaries with available data establishing the geographic extent of the regulate areas. (b) necessity of the adoption for the public safety, health, and welfare. (c) recommendations of the Planning Commission (d) relative to testimony and evid'ense that has been presented. Ms. Whittier presented a letter from the Planning Commission recommendinq approval of the adoption of the official maps. Commissioner Troxel moved to accept the designation of the official maps. Commissioner Williams seconded the motion and the vote was declared unanimous by the Chairman. Ms. Whittier advised the next item the Board needs to review is the designation of Floodplain Hazard areas as delineated on the official maps. The factors the Board should consider are: 1. Intensity of current and foreseeable development pressures. 2. Matters and considerations set forth in any applicable guidelines for identification and designation 3. Model regulations issued by the Colorado Land Use Commission and other State agencies 4. Boundaries of the proposed area 5. Reasons why the particular area or activity is of State interest, the danqers that would result from uncontrolled development of any such area or uncontrollable conduct of such activity, and the advantaqes of development of such area or conduct of such activity in a coordinated manner. 6. Any master or comprehensive plan pretaininq to or affected by the area or activity under consideratio Commissioner Williams moved that the Findings of the Board of County Commissioners regarding this hearing have found the criteria under H.B, 1041 has been met and is of State interest. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Ms; Whittier advised the next item the Board needed to consider was the adoption of regulations to contr development in such Floodplain hazard areas. The criteria is the same as those previously stated. Ms. Whittier explained the three districts the Floodplain Regulations are divided into and pointed out the amendments in the Regulations. Commissioner Troxel moved to adopt the Floodplain Regulations, as amended, for Eagle County. Commissioner Williams seconded the motion and the vote was declared unanimous by the Chairman. Crosby Trucking A representative of Crosby Truckinn and Excavatinq advised they are the recipients of a permit from the State of Colorado for a piece of ground which the County is using as a storane area for the past two years. He requested the criteria the County has been usinn for the storage of equipment on that site. Crosby Trucking proposes to extend the same use for a period of two years until it is decided between the County and the State what the best use for that land is. Commissioner Troxel advised he has a problem with the expanded use of the area as the residents in the area may object. The representative of Crosby Trucking advised to qet a SUP for the property it would have to be rezoned and the State does not want to rezone the property. Susan Vaughn, Planner, explained the non -conforming use and expansion of the use with additional materia' in the area. Commissioner Troxel stated if the area continues the same approximate use there is no problem, if the use increases the applicant will have to no through a zone change and a S.U.P. The Board concurred it would be an increase of use if storage is placed outside the building. Zc-135-80 Request: Zone change from Resource to Residential Suburban Medium Density Westwood at Location: Lots 16, 19, and 21 in NW';,, Section 14, T5S, R811,1 Vail Susan Vaughn, Planner, advised the next item was the Idestwood at Vail, Inc. This is a zone channe from Resource to Residential Suburban Medium Density. Ms. Vaughn advised the applicant, Hans Seebacher, has requested a 30 day continuance. Commissioner Troxel moved, at the applicants request, Zc-135-80 be continued until October 29, 1980. Commissioner Williams seconded the motion and declared the vote unanimous of the two votinq. Su --132-80-F II Tom Boni, Assistant Planning Director, advised Sam Johnson, representing Red Canyon Acres, was before Red.Canyon Acre the Board previously requesting an amended final plat for the purpose of relocating a ditch easement. Mr. Johnson has amended the plat and included workinn which reads " This amended plat is consented to by Eagle County Colorado Commissioners only for purposes of recognizing a relocation of an easement for the Warren Ditch, as shown on the original plat." Mr. Boni advised the Board had concerns the previous meeting regarding the relocation of the ditch and had requested the applicant get signatures of consent from all who use the ditch. Mr. Johnson advised the easement has been obtained but is not reflected on the plat. Beth Whittier, County Attorney, stated there are no major problems with this item but she feels the Board should make it clear they are only approvinq the disposition of the wording of the easement on theplat and not the actual relocation. Mr. Johnson advised he has received no response from other ditch owners. Leonard Horn has given his approval and owns 90% of the ditch. Commissioner Roxel requested the applicant state, for the record, if the relocated ditch looses water, the applicant would be willinn to line the ditch. Mr. Johnson agreed and stated a letter had been given to Mr. Horn assuming all liability. Special Meeting Present: Dale Grant Chairman Tom Poni Assistant Planning Director Dan Williams Commissioner Susah Vaughn Planner = Keith Troxel Commissioner Erik,Edeen Enviromental Health Officer Beth Whittier County Attorney Johrhette Phillips Clerk to the Roard Mar,J Merkling C.S.R. Floodplain Regulations This being the day set aside for Planning matters the following items were presented for the Board's consideration: Beth Whittier, County Attorney, advised the firs: item of business was the Public Hearing on the Flood- plain Regulations continued until today. Ms. Whittier presented H.B. 1041 and the model Floodplain Regulations. She advised at this hearing the Board will need to determine if official maps delineating floodplain hazard areas within the unincorporated areas of Eagle County should be adopted. The Colorado Water Conservation Board, by Resolution dated May 12, 1978, adopted the Floodplain Informa- tion Report for Roaring Fork and Frying Pan River' On January 14, 1976 the Colorado Water Conservation Board approved the study of the Gore Creek Floodplain information. Erik Edeen, Enviromental Health Officer, lci'Cated on the plat future priorities of the Floodplain study as being the Wolcott area, Beaver Creek area, and the Brush Creek area. Mr. Edeen discussed the contribution of g'rantimoney from the Colorado 4�ater Conservation Board with a possible cut to 30%. Ms. Whittier advised the Board either approve or disapprove the officail maps in regards to: (a) consistancy of the boundaries with available data establishing the geographic extent of the regulate areas. (b) necessity of the adoption for the public safety, health, and welfare. (c) recommendations of the Planning Commission (d) relative to testimony and evid'ense that has been presented. Ms. Whittier presented a letter from the Planning Commission recommendinq approval of the adoption of the official maps. Commissioner Troxel moved to accept the designation of the official maps. Commissioner Williams seconded the motion and the vote was declared unanimous by the Chairman. Ms. Whittier advised the next item the Board needs to review is the designation of Floodplain Hazard areas as delineated on the official maps. The factors the Board should consider are: 1. Intensity of current and foreseeable development pressures. 2. Matters and considerations set forth in any applicable guidelines for identification and designation 3. Model regulations issued by the Colorado Land Use Commission and other State agencies 4. Boundaries of the proposed area 5. Reasons why the particular area or activity is of State interest, the danqers that would result from uncontrolled development of any such area or uncontrollable conduct of such activity, and the advantaqes of development of such area or conduct of such activity in a coordinated manner. 6. Any master or comprehensive plan pretaininq to or affected by the area or activity under consideratio Commissioner Williams moved that the Findings of the Board of County Commissioners regarding this hearing have found the criteria under H.B, 1041 has been met and is of State interest. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Ms; Whittier advised the next item the Board needed to consider was the adoption of regulations to contr development in such Floodplain hazard areas. The criteria is the same as those previously stated. Ms. Whittier explained the three districts the Floodplain Regulations are divided into and pointed out the amendments in the Regulations. Commissioner Troxel moved to adopt the Floodplain Regulations, as amended, for Eagle County. Commissioner Williams seconded the motion and the vote was declared unanimous by the Chairman. Crosby Trucking A representative of Crosby Truckinn and Excavatinq advised they are the recipients of a permit from the State of Colorado for a piece of ground which the County is using as a storane area for the past two years. He requested the criteria the County has been usinn for the storage of equipment on that site. Crosby Trucking proposes to extend the same use for a period of two years until it is decided between the County and the State what the best use for that land is. Commissioner Troxel advised he has a problem with the expanded use of the area as the residents in the area may object. The representative of Crosby Trucking advised to qet a SUP for the property it would have to be rezoned and the State does not want to rezone the property. Susan Vaughn, Planner, explained the non -conforming use and expansion of the use with additional materia' in the area. Commissioner Troxel stated if the area continues the same approximate use there is no problem, if the use increases the applicant will have to no through a zone change and a S.U.P. The Board concurred it would be an increase of use if storage is placed outside the building. Zc-135-80 Request: Zone change from Resource to Residential Suburban Medium Density Westwood at Location: Lots 16, 19, and 21 in NW';,, Section 14, T5S, R811,1 Vail Susan Vaughn, Planner, advised the next item was the Idestwood at Vail, Inc. This is a zone channe from Resource to Residential Suburban Medium Density. Ms. Vaughn advised the applicant, Hans Seebacher, has requested a 30 day continuance. Commissioner Troxel moved, at the applicants request, Zc-135-80 be continued until October 29, 1980. Commissioner Williams seconded the motion and declared the vote unanimous of the two votinq. Su --132-80-F II Tom Boni, Assistant Planning Director, advised Sam Johnson, representing Red Canyon Acres, was before Red.Canyon Acre the Board previously requesting an amended final plat for the purpose of relocating a ditch easement. Mr. Johnson has amended the plat and included workinn which reads " This amended plat is consented to by Eagle County Colorado Commissioners only for purposes of recognizing a relocation of an easement for the Warren Ditch, as shown on the original plat." Mr. Boni advised the Board had concerns the previous meeting regarding the relocation of the ditch and had requested the applicant get signatures of consent from all who use the ditch. Mr. Johnson advised the easement has been obtained but is not reflected on the plat. Beth Whittier, County Attorney, stated there are no major problems with this item but she feels the Board should make it clear they are only approvinq the disposition of the wording of the easement on theplat and not the actual relocation. Mr. Johnson advised he has received no response from other ditch owners. Leonard Horn has given his approval and owns 90% of the ditch. Commissioner Roxel requested the applicant state, for the record, if the relocated ditch looses water, the applicant would be willinn to line the ditch. Mr. Johnson agreed and stated a letter had been given to Mr. Horn assuming all liability. Proceedings of the Board of County Commissioners 24th day_ September terra 19 80 19— Mr. Boni stated the Staff recommended approval with the condition of the applicant accept'iho responsi- bility of the ditch. Commissioner Troxel moved Su -132-80-F be approved withoa statement of the Commissioners that in no way does the Board take responsibility of relocation of the ditch and the exact placinn of the ditch. The applicant has stated for the record he will maintain the ditch and take care of any claims brought upon him by --the ditch owners. Ms. Whittier suggested it be added to the motion the Board is only approvinn the depiction of the easement and such relocation is done without the approval of the Board. Commissioner Troxel amended his first condition to state the County Attorney's concerns and made the amendment a part of the conditional approval of the plat. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: To subdivide a triplex in Vail Village West Location: Lot 6, Vail Village West, Filing #1 .241 Acres - RSM Zone Jim Williams, Zoning Inspector, advised the next item was Alpine Ridge. This was tabled from a previous meeting, at the request of the applicant, to have time to submit a Subdivision Improvements Agreement. i The Staff has inadvertantly misplaced the Exhibit "A" which defines the improvements. Fssentially the application is to lengthen the parking lot. Mr. Williams advised there is a letter of credit in the amount of $4,000.00. The Staff recommends approval of this item conditional upon receiving a copy of Exhibit "A". Discussion followed on the drainage swell. Commissioner Williams moved Sm -194-80 be approved with the condition the County receives Fxhibit "A". A drainage swell along Alpine Drive shall be built with the County having the right to maintain the swell periodically as they deem fit. Commissioner Troxel seconded the motion and the Chariman declared the vote unanimous. Request: Final Plat review of 11 duplex lots (22 Dwellinn units) Location: Farmhouse exception Eagle -Vail PUD NIT, of Section 18, T5S, R8114 Tom Boni, Assistant Planning Director, advised the next item on the agenda was the final plat for Fairwaye Green. Mr. Boni explained the plat and advised at preliminary plan stane the Board made a condition that the Eagle -Vail Architectural Control Committee should be a review anency on this plan. The applicant has addressed all of the issues raised at preliminary plan stage. The Planning Commission recommended approval of this final plat. Beth Whittier, County, discussed the Subdivision Improvements Agreement and advised there was no Exhibit A attached to show improvements to be completed. This secured by a promissory note would be secured by a first Deed of Trust. Ms. Whittier advised there is a problem with two building sites. If the estimated cost was divided, each building would have to be worth over $89,193.00. The Board should determine if two building sites would be appropriate. Stewart Brown stated the first Deed of Trust was in the amount of 415,000.00 which has been reduced to $10,909.96. He advised he is amending his proposal to have the Improvements Aareement secured by a second Deed of Trust. Mr. Stewart discussed the concerns of the County Attorney. Chairman Grant stated it a Board policy to not accept second Deeds of Trust. Commissioner Williams stated his problem with the, whole program is that given three ,years the li,klihood of the costs escallating dramatically is significant. Commissioner Troxel feels every project should be heard on its own merit. If Mr. Brown is willing to include another parcel and lessen the County's liability of beina injured with the improvements, he has no problem with accepting a $10,000.00 first Deed of Trust with the promissorvnote being increased by 30% als Mr. Boni explained methods to solve the situation. Ms. Whittier read the conditions of the Staff's approval: 1. Promissory note in the amount of $173,387.00 shall be increased by 30% 2. Three lots will be given as collateral with the County holding a second need of Trust on each of the three lots. 3. Completion date - 3 years from the execution of this agreement 4. Exhibit A be submitted to the County Commissioner Troxel moved to approve Su -119-80-F with the above conditions. Commissioner Williams seconded the motion and in discussion stated before the County signs off on the Subdivision improvements Agreement, after the three years, the County Fnnineer must inspect the Spur Road outside the subdivision. Commissioner Troxel amended his motion to state the first Deed of Trust shall be paid off before any release of collateral. Chairman Williams seconded the amendment and the Chairman declared the vote unanimous. Sm -194-8n Alpine Ridne Su -119-80-F Fairwaye preen Request: To legalize a parcel of land with existina house Se -2.30-80 Location: Parcel of land in Lot 4 Section 6, T5S, R8214 near Fdwards Pearl Peterson Tom Boni, Assistant Planning Director, advised the next item on the agenda was an exemption plat for Pearl Peterson. The request is to legalize a 1.7 acre parcel of land that has an existing house on it. Mr. Boni explained how the illegal parcel was created. Commissioner Williams stated the person who created the illenal parcel should have to correct the problem. The Board concurred. Commissioner Williams moved to table this item until nctober 29, 1980 so the applicant can be present and the Staff can discuss with Mr. Peterson the concerns the Board has. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Split of a duplex lot Su -200-8n Location: Lot 68, Block 1, Eagle -Vail #2 Stroop Hames Jim Williams, Zoning Inspector, advised the next item was the Stroop Homes Minor Subdivison. Commissioner Williams moved Sm -200-80 be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Split of triplex lot Sm -201-8n Location: Lot 104, Block 3, Eagle -Vail #1 Michael Thrash Jim Williams, Zoning Inspector, advised the next item was the Michael Thrash Minor Subdivision. The Staff recommended approval of this minor subdivision. Commissioner Williams moved Sm -201-80 be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. I Proceedings of the Board of County Commissioners—_2 4_day sterm 198 Sm -203-80 Request: Split of a fourplex lot Jerry Kokes Location: Lot 6, Block 2, Eagle -Vail #2 Jim Williams, Zoning Inspector, advised the neat item was the Jerry Kokes Minor Subdivision. The Staff recommended approval of this item. Commissioner Williams moved Sm -203-80 be approved. Commissioner Troxel seconded the motion and the vote was declared unanimous by the Chairman. Sm -204-80 Request: Split of a duplex lot Jim Williams Location:` Lot 16, Block 2, Eagle -Vail #2 Tom Boni, Assistant Planning Director, advised the Staff had reviewed the James Williams Minor Subdivision and recommended approval. Commissioner Troxel moved Sm -204-80 be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Su -100-79-P3 Request: Employee Housing Beaver.Creek Location: Beaver Creek PUD Also Beaver Creek Filing #4 - Addendum 2 Tom Boni, Assistant Planning Director, advised the next item was the Beaver reek Employee Housing Tract. Roxanne Belmont, representing Beaver Creek, requested to be delayed until 11:30 A.M. Su -121-80-P Edwards Proj Su -141-80-S Homestead PUD Request: Preliminary Plan review for three areas - Sage Flats north of I-70, Commercial Center East of I-70 Access Road, Old Edwards Estates south and west of I-70 Location: I-70 access road and Hwy 6, Edwards, Colorado Tom Boni, Assistant Planning Director, advised the next item was the preliminary plan review of the Edwards Project. Mr. Boni pointed out the location on the plat. He reminded the Board they had requested Mel Atwell, County Engineer, or Doug Pilcher, Road & Bridge Supervisor, be present at hearinqs which involve preliminary plans that involve road issues. Commissioner Troxel suggested tabling this item until the applicant and the Staff could be present. Request: Sketch plan review of 72.9 dwellina units on 681 acres (PUD process) Location: Parts of Section 5, 8, & 9, T5S, R8214, Immediatly south of Edwards Tom Boni, Assistant Planning Director, advised the next item was the Homestead PUD sketch plan for 729 dwelling units. This item was taken under advisement for 95 days after the original hearina. Chairman Grant stated as he was not present at the sketch plan hearing and has not reviewed any of the previous records he would step down as Chairman for this hearing. Commissioner Williams moved Commissioner Troxel be appointed Chairman pro tem for this hearing. Commissioner Troxel seconded the rotion and the Chairman declared the vote unanimous. Chairman pro tem Troxel read a summary of action that has transpired on the Homestead PUD. Commissioner Williams moved Su -141-80-S come out of advisement. Chairman pro tem Troxel seconded the motion and declared the .vote unanimous of the two voting. Commissioner Williams stated he still remains opposed to seconding Commissioner Troxel's motion with conditions and believes Commissioner Troxel is still opposed to his motion of denial. Commissioner Williams stated he would prefer to refer the sketch plan back to the Planning Commission with specific instructions for additional study and recommendations for a period not to exceed 95 days. Commissioner Williams stated both Commissioner concurred that duplex lots should be 1600 Square feet. The development in the upper south and southwest portion of the meadow should be withdrawn as it relates to a visual corridor of the New York Range and the Lake Creek Valley. Chairman pro tem Troxel stated his problem with the restricted lots is he wants to make sure the County is not a party to price control or enforcing control of anv committee who would do the price controlling. If there is price controlling he would prefer to see it on the multi -family units. Commissioner Williams gave his reasons for denial as being the difficulty to understand and calculate how the density was applied to the entire PUD. He would like to see a clarification of how it is calculated incorporated into the motion. Chairman pro tem Troxel stated another concern was to make sure there was an off-site impact study done by the developers in regards to the public roads that they will be using to get tofand from their site and the impacts on old Highway 6. - Commissioner Williams stated he wanted included in the motion his reasons for denial which are basically listed in Section 3.11.04 (c) & (e) and Section 10.03.04 of the Zoning Resolution that the applicant carries the burden that the advantages outweigh the disadvantages. The Board of County Commissioners has the right to rely on those sections at a revised sketch plan hearing. Chairman pro tem Troxel moved the Homestead PUD sketch plan Su -141-80-S be referred back to Planning Commission with specific instructions for additional studies and recommendations. Incorporated into this motion, also, will be Commissioner Williams concerns which are on the record. The Board will still have the option to consider the factors listed in 3.11.04 and 10.03.04 acting on items and any presentations before them. Commissioner Williams seconded the motion; the vote was declared unanimous of the two voting. Commissioner Williams stated to clarify his position in regards to 3.11.04 of the Zoning Resolution he added it is the applicants burden to prove the advantages outweigh the disadvantages to the County and to neighboring lands and the use is consistant with policies and goals of the Plaster Plan and any other adopted plan of Eagle County. Dick Byer, Attorney for Warner Properties, had problems with the specific instructions that are sent back to the Planning Commission as several of them are open-ended and it is difficult to know what the Planning Commission is going to have to operate with. Bob Warner, applicant, requested clarification of the statement in the motion that the development should not be seen. He questioned where is should not be seen from. Chairman pro tem Troxel advised the application as presented to the Roard showed a high level density which is not appropriate. He cannot say no development in the meadow but the development pattern is in excess of what he would like to see in the visual corridor of the New York Mountain. Mr. Warner asked what standards of visual quality the County is using for visual impacts. Beth Whittier, County Attorney, stated when this was taken under advisement by the Board there was no additional input to this application allowed. As far as she is concerned the`Board never received the letter of revilement as it was submitted after this item was taken under advisement. If conditions requested by the Board are met the entire Board will rehear this item. Commissioner Williams stated he is not opposed to development on that land. He feels the Board should deny this item and the applicant reapply. Mr. Byer requested places of reference for the visual impacts so as to structure the referral back to the Planning Commission for them to address the Board of County Commissioners concerns. Chairman pro tem Troxel stated the Lake Creek and New York Mountain Range areas were of a rural nature and the density should be of the same nature. Discussion on calculations of the density followed. E Proceedings of the Board of County Commissioners 24th day September term 19 BD Mr. Warner advised in regards to the off-site impacts study on the roads, in the original application they had submitted letters from the Highway Department stating; the impacts they foresaw with the additional traffic on Highway 6, The Board had stated this was not an appropriate response to the off-site impacts. He questioned what information the County wants included in.the study. Chairman pro tem Troxel restated the motion discussed as being the Homestead PUD sketch plan shall be referred back to the Planning Commission on October 15, 1980 at 7:00 P.M. with the following specific instructions for additional study: 1. Duplex lots have to be 1600 feet 2. Visual impacts of the development at the upper south and southwest corner of the meadow has to be addressed to the rural character of the meadow. Development, if any, in that area has to address visual impacts to I-70 3. Problems with price restriction on the lots should be addressed so it is clear the County is not a party to price control on the lots. If price contrils are used they should be used on multi -family dwellings built by the developer. 4. Affordable housing should have no bonus. 5. Off-site impact consideration off Highway 6 and access roads into the development 6. The Board shall have the right to consider the factors listed in Section 3.11.04 (c) & (e) and Section 10.03.04 of the Eagle County Zoning Resolution Mr. Warner requested a work session with the Commissioners later in the day. Ms. Whittier suggested the developer prepare his revised sketch plan, present the plan to the Planning Commission, and then have a work session with the Board. Chairman pro tem Troxel advised a work session cannot be set with the Board today due to the schedule for todays hearings. Chairman pro tem Troxel advised there was a motion on the floor that had been seconded. The vote was declared unanimous of the two voting. 19— Request: Employee housing Su -100-79-P3 Location: Beaver Creek PUD Reaver Creek Tom Boni, Assistant Planning Director, advised the next item on the aqenda was the Beaver Creek Fmployee Housing Tract. This item was previously tabled at the applicants request. Paul Johnson, Vail Associates, discussed the parcel in question and explained Vail Associate's intentions. Chairman Grant questioned how the road system would be handled. Ron H.inkel explained the access for the project and the parking off of the road. Mr. Boni stated the Planning Commissione reviewed this on October 10, 1979 and recommended approval of Block 1 Tract B for 108 employee housing units. They directed Vail Associates to submit a management plan at final plat stage which would delineate how U.A. Mould assure these units were occupied by employees of Beaver Creek. The Staff recommended approval with the condition an employee housing management plan be submitted. Discussion followed on recreation for the employee housing units. Flight for Commissioner Troxel moved Su -100-79-P3 be approved with the condition at final plat stage an Employee Life Choppers Housing Management Plan be submitted. Commissioner Williams seconded the motion and)the vote was declared unanimous by the Chairman. Request: Preliminary Plan review for three areas - Sage Flats north of I-70, Old Fdwards Estates south Su -121 -8u -P and west of I-70 and Edwards Commercial Center East of I-70 Access Road Edwards Project Location: I-70 access road and Hwy 6, Edwards, Colorado Memorandum of Tom Boni, Assistant Planning Director, advised the next item on the agenda was a second preliminary Understanding plan for the Edwards project. Steve Isom pointed out on the plat and explained future development of the project. Discussion followed on the floodplain area, recreational areas, water systems, fire system, and school land dedication. Roads and right-of-ways were then discussed. Mr. Boni stated the Planning Commission recommended approval of this application. The Staff recommends approval as all prior concerns have been resolved. Discussion followed on the possibility of a fire house and other public facilities in the project. Commissioner Williams stated he wanted pedestriam easements between the residential and commercial areas Don Welch, audience member, questioned the possibility of building a courthouse and jail in Edwards. He advised he would be opposed to a jail in that area. Commissioner Williams moved Su -121-80-P the Edwards Project be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Susan Vaughn, Planner, advised the next item was the review of a SUP granted to Jim Kemp last year for Jim Kemp SUP the purpose of having a dwelling unit on his commercial lot at Edwards. Ms. Vaughn advised the review was tabled for the purpose of determininq what was going to happen on the vacation of the old County Road. Nothing has transpired on the vacation of the road. Commissioner Troxel moved to renew the SUP. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Susan Vaughn, Planner, stated the next item on the agenda was the Crown Mountain Estates.I Crown Mtn Estates Ms. Vaughn advised the final plat for Crown Mountain Estates was accepted with a plat restriction statin a vapo-tranporation system had to be used on the site. Erik Edeen, Enviromental Health Officer, has requested the plat be amended so tit states "engineer designed" systems rather than specify evapo-transporation systems be used. Mr. Edeen advised he has researched this and believes the County could be liable by making an: applicant use only vapo-transporation systems when there are other systems available which do the same job but are substantially less expensive. Commissioner Williams moved to direct the County Attorney to draft a Resolution, ultimately signed by the Board of County Commissioners, amending the subdivision plat of Crown Mountain Estates to indicate sewage engineered systems approved by the County Sanitarian be allowed. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Tom Boni, Assistant Planning Director, advised the next item was in regards to the request from Gordon Flight for Swanson, Vail Fire Chief, for Flight for Life Choppers to land emergency helicopters at the Avon Stol-port. Life Choppers Chairman Grant suggested getting approval from Rocky Mountain Airways stating there would be no liabilit to the County. Mr. Boni advised he would check the wording of the SUP regardinq landinq of emergencey vehicles. The Board concurred the matter should be handled between Rocky Mountain Airways and the F.A.A. At this time Al Wright, BLM, presented a Memorandum of Understanding and discussed it with the Roard. Memorandum of Commissioner Troxel moved the Board sign the Memorandum of Understanding Agreement. Understanding Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. �� Proceedings of the Board of County Commissioners . 24th day September tern 19 80 Field trip Tom Boni, Assistant Planning Director, advised the next item for discussion was the annual field trip with the Planning Commission and Board of County Commissioners. He requested to set a date before the bad weather set in. Mr. Boni advised he had discussed this with the Planning Commission and they suggested October 8, 1980 or October 9, 1980. Bus Stop on Tom Boni, Assistant Planning Director, advised the next item concerned a bus stop on Chamonix Lane. Chamonix Lane Mr. Boni advised he had spoken with Jon Eberle, Vail Transportation Department, and they want to begin planning a number of bus stops for the lift in the Vail area. Mr. Eberle had stated they are requesting permission to construct a bus stop on the right-of-way on Chamonix Lane. The structure will be 4 feet deep by 8 feet wide. Doug Pilcher, Road and Bridge Supervisor, indicated if the foundation is of slab it should be a minimum of 6 feet off the pavement. Mr. Boni recommended the structure be 8 feet off the pavement. The Board concurred a bus shelter 8 feet off Chamonix Lane would be appropriate. Eagle -Vail Tom Boni, Assistant Planning Director, advised the next item originates from a specific request from Philosophy Tom Maron. Mr. Maron has a duplex site on Elk Lane on which he would like to stagger the buildings with an inter- connected walkway. Mr. Boni requested specific directions from the Board regarding page 42 of the Zoning Resolution in Section 3.11.04 (p) which concerns minor changes to a PUD. Mr. Boni requested the Board determine if this would be two single family units or if connecting them would constitute a duplex in regards to set backs, The Board concurred if it is a variance from a PUD it should come before the Board. Highlan Meadow§ Beth Whittier, County Attorney, advised on May 23, 1978 High Country Corporation received final plat approval for Highland Meadows Subdivision. As a condition of that approval they entered into a Subdivision Improvements Agreement which required all improvements to be done on or before June 30, 1980. In order to guarantee this performande the subdivider originally furnished the County with collateral in the form of a plat restriction relative to lots 1-42 in in the first filing. Subsequent thereto the County released the plat restriction concerning lots 1-25 andsubstituted an irrevokable letter of credit in the amount of $63, OC Ms. Whittier advised on June 30, 1980 the County drew 563,000.00 as the subdivider had not completed the improvements. Ms. Whittier presented an agreement concerning this matter for the Board's consideration and highlighted the agreement. Commissioner Troxel moved the Chairman dign the agreement. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Leroy Tabler stated Schmidt-Tiago will honor the contract in the amount of $63,000.00. Commissioner Troxel moved the Chairman sign the Resolution releasing obligations of plat restrictions on Lots 26-42 in the Highland Meadows. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. High Sierra Tom Boni, Assistant Planning Director, advised the next item on the agenda was to sign the Improvements Condos Agreement for High Sierra Condominiums. Mr. Boni read a letter from the County Engineer outlining the improvements. Commissioner Troxel moved the Chairman sign the Subdivision Improvements Agreement. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Beaver Creek 1 Tom Boni, Assistant Planning Director, presented an Improvements Agreement and addendum for Filing #4 Filing H4 of Beaver Creek. This Improvements Agreement collateralizes the sewer system that Vail Associates is going to construct. Commissioner Troxel moved to sign the agreement. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Minutes Commissioner Troxel moved to approve the official minutes of July 30, August 5, and August 7, 1980. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. A-95 Review Commissioner Troxel moved the Chairman sign in favorable comment the A-95 Review of the municipalities of the County Health Nurse 1981 Family Planning Grant. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved the Chairman sign the A-95 Review forth minicipalities for Division 12 of the State W.I.N. Plan. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved the Chairman sign the favorable comment of, the A-95 Review for the CETA Proj Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Brett Ranch Susan Vaughn, Planner, advised Mr. Steve Isom was present to discuss a Resolution for the Brett Ranch. Mr. Isom detailed the highwater mark. He discussed the lot with a road through it and requested the Board declarelthis as one lot with a highway through it. Beth Whittier, County Attorney, advised the Board a Resolution is needed as it is not the policy of the Board to determine these areas as one lot. The Board usually declares them as two lots. Commissioner Williams moved the request by Steve Isom in regards to the Brett Ranch request for 1117 acres being considered as one parcel of property for zoning and subdivision purposes be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Abatements & Beth Whittier, County Attorney, presented Abatements and refunds for the Board's consideration. Refunds Ms. Whittier advised the first petition is from Loren Chambers. The reason for the petition is the highway took 91.5 acres which was never removed from the tax roll. The original value for 1977 was 417,000.00 with a tax of $1,265.48. The abated value was 51,280.00 with a tax of $95.28. This leaves a balance for 1977 of $15,720.00 with a tax of $1,170.20. The original value for 1978 was $17,000.00 with a tax of.S1,186.77. The abated value was $89.36 thus leaving a balance of $15,720.00 with a tax of $1,097.41. The original value for 1979 was 417,000:00 with a tax of 41,191.87. The abated value was $1,2.80.00 with a tax of $89.74. This will leave a balance of $15,720.00 with a tax of $1,102.13. The Assessor recommended the abatement or refund be approved. Commissioner Troxel moved the abatement or refund be allowed. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Ms. Whittier advised the next petition for abatement was from John Marsing. The reason for this petitio is he was assessed for a house he did not have until September 1979. Proceedings of the Board of County Commissioners 24th day_ September term tg 80 The original- dalue was $7,450.00 with a tax of $565.98. The abated value was $6,610.00 with a tax of $502.16. This leaves a balance of $840.00 with a tax of $63.82. The Assessor recommended the abatement be allowed. Commissioner Troxel moved the abatement be allowed. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Ms. Whittier advised the next item was a petition for refund from John S. Reynolds. The reason for the petition is he was assessed for too much land. The original value was $33,640.00 with a tax of $2,202. tax of $120.46. This leaves a balance of $31.800.00 with a tax of $2,081 The Assessor recommends this refund be approved. Commissioner Williams moved the refund,be allowed. Commissioner Troxel seconded the motion and the Chairman 41. Tha abated value was $1,840.00 with a 95, declared the vote unanimous. Ms. Whittier advised the next petition for refund was from Margaret, Harold, and Frederick Reese. The reason for the petition is they were assessed for a house that did not belonq to them. The original value was $27,610.00 with a tax of $1,919.17. The abated balue was $16,120.00 with a tax of $1,120.50. This leaves a balance of $11,490.00 with a tax of $798.67. The Assessor recommended this refund be allowed. Commissioner Williams moved the refund be allowed. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved the Chairman sign the Amended Final Plat for Eagle Crest Condominiums. !I Plats signed Commissioner Williams seconded the motion; the Chairman declared the vote unanimous and siqned the plat, Commissioner Troxel moved the Thrash Condominium plat be signed. Commissioner Williams seconded the motion; the Chairman declared the vote unanimous and signed the plat Commissioner Troxel moved the Chairman sign the Riverside Court Townhouses Plat. Commissioner Williams seconded the motion; the Chairman declared the vote unanimous and signed the plat Commissioner Williams moved the Chairman sign the Resubdivision of Lot 68 Eagle -Vail Filing 3. Commissioner Troxel seconded the motion; the Chairman declared the vote unanimous and siqned the plat. Commissioner Williams moved the Chairman sign the Eagle River Solarium Townhouses Plat. Commissioner Troxel seconded the motion; the Chairman declared the vote unanimous and signed the plat. Commissioner Troxel moved the Chairman sign the Red Canyon Acres amended final plat. Commissioner Williams seconded the motion; the Chairman declared the vote unanimous and signed the plat Commissioner Troxel moved the following be appointed to the Skyline Advisory Board of the Eagle County Council of Aging. Ella McCarthy Gerald Rhodes Wanda Ruminski Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. There being no further business to come before the Board the meetinq was adjourned until October 6, 1 Chairman Skyline Advisory Bd Proceedings of the Board of County Commissioners -6th day--ac-tohpr term 19-8o- 6' 19— Regular Meeting Present: Dale Grant Chairman Mick Kasher Administrative Assistant Dan Williams Commissioner Charlette Pascuzzi Secretary Keith Troxel Commissioner Johnnette Phillips Clerk to the Board Budget The last four days being spent hearing Departmental budgets Commissioner Williams moved to approve the Approval 1981 budget and submit it to the Department of Local Affairs with justification. Before secondtdq, the motion Commissioner Troxel stated he has strong concerns about the Sheriff's Department. He does not feel it is fair for himself to give a comment of the Sheriff's personnel as he was not present at the two previous hearings and does not feel he had sufficient data on Friday. Commissioner Troxel advised he does not condone that amount of people to be added to one department. He seconded Commissioner William's motion for the budget, but wants it understood he has other figures as far as surveys are concerned and does not feel the Board should approve that number of people simply because the County is unique. Chairman Grant stated he did hear the entire presentation and feels by giving the Sheriff the extra personnel it should satisfy the people asking for a large Sheriff's Department. The reason he is approving the extra personnel is it will give people the time off they should be getting. Mick Kasher, Administrative Assistant, advised the total budget amounts are as follows: General Fund $3,729,265.00 Road & Bridge Fund 2,504,183.00 Library Fund 161,953.00 Public Works Fund 348,434.00 Contingency Fund 300,000.00 Retirement Fund 130,000.00 Social Services 569,085.00 Commissioner Williams amended his motion to include the above amounts in the approval of the 1981 budget. - Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. CETA Contract Mick Kasher, Administrative Assistant, discussed the CETA contracts and requested designation of the Administrative Assistant to sign the contracts rather than bringing each one before the Board. Commissioner Troxel moved to allow the Administrative Assistant to sign th6 CETA contracts. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Michael CritcH Chairman Grant read a letter from the Airport Commission requesting the Board of County Commissioners to approve a Fixed Base Operators Lease for Michael Critch allowing him to conduct commercial maintenance business at the airport. Charlette Pascuzzi gave background on the request. Beth Whittier, County Attorney, advised the Board John Oleson does not have an exlcusive lease. She recommended the Board not makea motion to approve the lease until the lease has been drawn up and submitted. The Board concurred there are no objections to the concept of this lease. Airport Comm Chairman Grant read a memo from the Airport Commission directing the County Attorney to proceed with deeds for the property needed fort -he clear zones at the ends of the runway. These pieces of property will need to be surveyed before this can be done. This needs to be done as soon as possible to enable the County to receive funds from the F.A.A. Beth Whittier, County Attorney, answered in defense of herself stati:ng,• she was not sure who was suppos to be taking care of this as she had never seen the qrant agreement until the Board had signed it. The Board directed Ms. Whittier to meet with Greg Isabell to determine if the survey is needed and qet it done. HJZ &RMA Chairman Grant advised it is recommended by the Airport Commission that approval be given for the Commission to proceed with negotiations to purchase the HJZ and Rocky Mountain Airways property north of the airport to allow for the desired development of the hangars on the airport. Commissioner Troxel suggested the Airport Commission appear before the Board and County Attorney to discuss their intentions on this project. Appointments Chairman Grant read a memo from the Airport Commission stating they voted unanimously to recommend to Airport Comm the Board of County Commissioners the approval of the appointment of John Oleson as a permanent member of the Airport Commission. The Airport Commission recommends the appointment of Loren Chambers and John Seipel as alternate members. They would also recommend David Green be appointed as a permanent member. Commissioner Troxel moved John Oleson be appointed as a permanent member to the Airport Commission. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams moved Loren Chambers be appointed as an alternate. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved John Seipel be appointed as an alternate to the Airport Commission Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams moved David Green be appointed as a member of the Airport Commission. Commissioner Troxel would not second the motion as Mr. Green is on too many County Committees at:this time. Chairman Grant seconded the motion and declared the vote two in favor; Commissioner Troxel voting "no" Castle Peak Commissioner Williams moved the Board of County Commissioners direct the Airport Commission to investigal Beacon the need of any County involvement on Castle Peak. Also to determine if the County is required to accept the obligation of maintaining the beacon on Castle Peak. Commissioner Troxel seconded the motion and'the Chairman declared the vote unanimous. Hillside Bonnie Jacquist, representing Hillside Homeowners, appeared to file complaints of the maintenance of Homeowners, West Meadow Road and the fact it has no pavement. She advised thereare drainage problems and eroded portions of the road. She stated the Association would be willing to dedicate a portion of the property to the County. Commissioner Troxel explained why the road has not been paved. He discussed problems with the property being on the right-of-way and being layed out incorrectly. Ms. Jacquist requested the dirt be moved out of the right-of-way. The Board concurred a culvert will be installed in the bottom of the road this year. Mel Atwell, County Engineer, will get a legal description and then it can be determined how much land the Association is willing to dedicate. The Board thanked Ms. Jacquist for appearing. Proceedings of the Board of County Commissioners 6th day--orAnhi r term 19.80 Beth Whittier, County Attorney, presented a petition of abatement from Loren Chambers, Ross Chambers, and Donald Chambers. The reason for this petition is the cattle were double assessed on this schedule and on Loren's schedule. The original value was $8,930.00 with a tax of $626.08. The abated value was $3,960.00 with a tax of $277.64. This leaves a balance of $4,970.00 with a tax of $348.45. The Assessor recommended the abatement be allowed. Commissioner Williams moved the abatement be allowed. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Lloyd Johnson, representing High Sierra Developers, advised this is a minor subdivision that concerns converting an existing 4 apartment unit into 4 seperate condominiums. Mr. Johnson advised before the final plat was approved they had entered into a Subdivision Improvement Agreement to provide parking. To comply with this they had to construct two large retaining walls on a lot next door and grade it sufficiently for 10 parking spaces. In addition to the plat restriction the applicants entered into they provided $26,000.00 cash bond before a road cut permit was issued. Mr. Johnson requested, under Section 6 of the Subdivision Improvements Agreement, a release of Dart or all of the collateral deposited with the Board. Beth Whittier, County Attorney, advised the Subdivision Improvements Agreement and.;the plat restricti only concern the parking requirements. The $26,000.00 was submitted for the Road Cut Resolution to guarantee the road would be returned to its prior condition. Mel Atwell, County Engineer, advised as far as the road cut permit is concerned the retaining wall is not acceptable to the County Engineer. Mr. Atwell pointed out problems he saw with the retaining wall and the Road Cut Permit. Tom Boni, Assistant Planing Director, stated there were three months of engineering work on the retaining wall andlit should be up to standards. Commissioner Williams suggested the applicant either complete the project, to the County Engineers satisfaction, by the November 1, 1980 deadline or come before the Board and request an extension on the Road Cut Permit and the collateral. Mr. Atwell gave a list of items that needed to be done to resolve the situation. 1. Weep holes will have to be cored out 2. Apoxy will have to be placed in the cracks 3. Exposed rebar will have to be covered. 4. Fill the north end of the retaining wall Commissioner Williams advised the Subdivision Improvements Agreement cannot be lifted until the recommendations have been conformed to. Mr. Boni explained the issue as being two forms of collateral on one project. When the subdivision was approved the applicant agreed not to sell any units until the parking was in and the area was landscaped. The retaining wall was part of the requirement for the parking. The> issue now is whether or not to allow anyone else buying into the project. At this time the retaining wall issue is clarified. Commissioner Williams stated he would be willing to reduce the collateral held for the Road Cut Permit to the extent the County Engineer feels it is finished. Commissioner Williams suggested the applicant take care of the corrections listed by the County Engineer and then return on October 14, 1980. Tom Boni, Assistant Planning Director, discussed the employee housing for Reaver Creek and the upcoming work session. Discussion followed on the letter to be written to Vail Associates in regards to concerns of the Employee housing. Beth Whittier, County Attorney, advised the next item on the agenda was the Final settlement of the reconstruction work of the Lake Creek Bridge by Ventres -Landauer. Ms. Whittier stated public notice was given on September 18 and September 25, 1980 in the Eagle Valley Enterprise. Ms. Whittier advised there have been no verified claims from any sub contractors requesting payment for any work done on the.Lake Creek Bridge. Ms. Whittier advised the County had received $30,000.00 in money market certificates and a continuation of this until October 24, 1980. Pursuant to the contract 25% of this amount was to be retained by the fount for a period of 6 months. The contractors have stated they will submit a money market certificate in the amount of $7,500.00 for a period of 6 months at the time the County gives them final payment in release of the $30,000.00 money market certificates. Commissioner Williams moved the Board terminate and finalize the contract with Ventres -Landauer Const. as suggested by the County Attorney in release of the $30,000.00 and receiving $7,5000.00 Chairman Grant seconded the motion and declared the vote unanimous. At this time the Board reviewed the SBS Hangar application. Chairman Grant advised appointments were made this morninq to the. -Airport Commission so there will now be a full Board with no split votes. He advised he is not familiar with what is going on at the Airport. He sugo.ested this item go back to the Airport Commission to get a full recommendation from them so as not to allow something the Airport Commission does not approve of. Trevor Bradway, partner of SBS, advised the Airport Commission had requested the applicants wait two weeks to allow time to investigate purchasing additional land to relocate the hangar. The applicants agreed at that meeting in order to offset any concerns the Airport Commission might have about the Master Plan, they would relocate the hangar upon the Airport Commissions request. Mr Bradway stated it will cause a hardship if they are not allowed to proceed. There will be nowhere to store the aircrafts and there will be additional costs from inflation on building supplies. Mr. Bradway advised they have complied with all of the requirements presented to them. Chairman Grant stated he would rather not do anything until the Board finds out what is happening at the Airport Commission -in regards to the lease. Barry Stoat explained the location of the hangars and the lease. Commissioner Williams suggested the County Attorney review the lease and the Board will make a decision on October 7, 1980. There being no further business to come before the Board the meeting was adjourned until October 7, 1 6 Attest: CWktoMthe Board Abatement Sierra Condo Reaver Creek Lake Creek Bridne SRS Hangar Application Proceedings of the Board of County Commissioners 7th day---aclobe.r term 19 -8o Special Meeting Present: Dale Grant Chairman Beth Whittier County Attorney Dan Williams Commissioner Mick Kasher Administrative Assistant Keith Troxel Commissioner Linda Hatton Secretary to the Clerk to the Board General Fund 19 - General Fund Payroll $ 110,655.75 Johnson, Kunkel & Associates County Mapping 2,067.03 Eagle County Treasurer Travel Expenses 415.04 R.L. Polk & Company Motor Vehicle Registration Manuel 16.0!1 Bureau of Business Practice Office Bulletin 25.50 3-M Business Products Film processing;Silver print paper 321.65 Dan Sparkman, Deputy Coroner Deputy Coroner duties -Kathy McHugh 94.1.n Ben Galloway, M.D. Autopsy -Peter Kent 650.00 Steven Meyer, D.D.S. Dental ID on Peter Kent 25.00 Greater Eagle Fire Protection Emergency service telephone 2.3.78 Swallow Oil Company Car repair 266.12 Gart Brothers Sporting Shotgun & ammunition 433.20 Game & Fish Depot Ammunition 228.65 Swifty the Instance NCR forms 40.00 Collett Enterprises Front end alignment 835.77 Denver Bullets Ammunition 135.00 Robert E. Ashley Travel 63.36 Phillips Petroleum Gas Charges 67.34 Calibre Press Street Survival Info. Book 24.95 Sun T.V. & Appliances Calculator Thermal paper 151.95 Eagle Valley Linen Supply Linen service 120.33 Alice Curtis Travel expenses 25.00 All Star sports Thermos water jugs 62.75 Vail Valley Medical Center Hospital charges/Markle 204.On Eagle Community Ambulance Ambulance service/Clemenson, Hange 140.00 Lake County Sheriff's Dept.', Prisoner Board/Heintz, Frimml, Reindl 482.00 Lake County Prisoner Board/Romero, Pacheco, Shaw Frimml, Heinze 703.00 Larry McLaughlin Travel expenses 54.76 Tuxall Uniform Company Shirts/Horral, Keys 119.70 Williams Office Supply. Typing Elements 30.52 Commercial Office Products Office products 525.70 Beth Whittier Supreme Court Library/ 105 copies 10.50 Office of District Attorney Payroll & expenses 5,891.58 Jack D'Orio Attendance of Annual Extension Conf. 81.25 Strawberry Patch Flowers for nueen contest 2.0.79. Buckeye Products Propane for Fair 95.68 C.S.U. Judging Team Judge at Fair 96.00 Eagle Ranch Company 42 bales of hay for stock at Fair rodeo 100.80 Maynard Smith 39 bales of hay for rodeo 93.60 G.E. Bernhardt Fair Judge 33.68 Audio Visual Vail Sound system for Fair 150.00 Eagle County Trash Trash pickup at Fair Grounds 120.80 Kathy Shoup Rodent control 27.00 Eagle Computer Systems Pavroll Service 174.90 Rocky Mountain Natural Gas Gas 10.62 Holy Cross Electric Electricity Useage 821.65 Glenwood Tire Center Tires 891.20 Beasley's Super Foods Invoice 3936 & 3999 841.30 Animal Control Padlocks & wire for kennels 21.27' Basalt 66 Gas for E1 Jebel Truck 67.96 Alpine Animal Hospital Vaccinations 34.00 Daniel Jones D.V.M. Vaccinations 50.50 Top Drawer Office Supplies Office Supplies 60.94 Fidelity Products Bulletin Boards 208.81 John A. Graves Travel Expenses 72.11 Mountain Engineering Edwards Road survey 1,013.50 Margaret Jacobsgard R.N. Home visits 26.28 Kay Rautio R.N.M.S. Home visits 105.00 IBM Monthly installments 885.97 Coca-Cola Bottling 4 cases of pop 26.00 Xerox Corporation Fuser Oil 394.54 Lindsay's Inc. Ammonia 36.51 G A F Corp. Blueprint 'paper 89.60 Shelley's Paper Mate pens 60.92 PESSS-Division of Employment FICA taxes .15 20th Century Plastics Shedt protectors 48.83 Colorado Minicipal League 1 year subscription 20.60 Eagle Valley Enterprise Classified ads 50.70 Kansas City Star Classified ads 114.00 Arizona Republic & Gazette Classified ads 114.08 Mountain Bell Toll free lines installed 463.46 Employers Unity Inc. Annual statement 350.00 Janice M Carney Stamps for renewals 10.95 Dailey Sentinel Classified ads- Sheriff Deputy 10.40 Denver Post Classified Ad-Accountinn Clerk 19.20 Eagle County Clerk & Recorder Bulk postage for Treasurers Office 408.76 Glenwood Post Classified ads -Sheriff Deputy, Secretary for Attorney 25.00 Rio Grande Motor Way Freight charges 11.82 Omaha World -Herald Classified ads -Community development 44.00 B & B Excavating Masonary sand for Fair grounds 87.12 Boise Cascade Building materials 42.32 Mountain Mobile Mix Concrete for Fairgrounds 648.00 Turf & Trail Equipment Invoice 17325 83.88 Holland Auto Parts 1 PBN Battery 41.98 Terrill Knight Travel Fxpenses 166.40 Proceedings of the Board of County Commissioners 7th dayo�ot er term 19 so 19 Tim Tunnell Distilled water for map machine $ 2.73 Meating Place Meals for conference attendents 27.82 N W C C o G Registration Fee for conference 45.00 Quick Valley Printing Printinn 281.45 First Bank of Eagle County September payment for 3 Eagle cars 653.38 Brian Haas Travel Expenses 116.25 Tamiment, Inc. Travel Expenses & meals 394.96 Pete Honnen Equipment Equipment 168.a0 Eagle Telecommunications Phone service 23.80 Anabell Kirby Election 14.70 Lily Forster Election 15.84 Bearden Cabins Rent for Polling Place 10.00 I.O.O.F. Hall Rent for polling place 40.00 Roaring Fork Valley Journal Ad for election 14.88 Katherine Carrean Election judge / school attendance 55.00 Computer Elections Systems Election supplies 403.27 Earlene Roach Election 19.00 Mary E. Schlegel Election 55.00' Thalla R. Wheelock Election 55.00 Mildred Wurtsmith Election 75.80 Louise A. Daley Election 50.00 Debbie Luark Election 58.60 Ruth Jacox Election 85.40 Nancy MacKenzie Election 55.00 Catherine Cheney Election 67.00 Ella Knox Election 50.00 Janet Taylor Election 67.00 Elnore Van Horn Flection 55.00 Oda E. Cowen Election 59.00 Thelma J. Wilson Election 59.00 Eileen L. Randall Election 55.00 Eve. L. Luby Election 55.00 Bonita R. Eaton Election 59.00 Karleen Bonaley Election 50.00 Steve LaLonde Election 67.40 Charlene Kirby Election 50.00 Eldora Skiles Election 55.00 Ruby Crawford Election 55.00 Ruth Dewell Election 75.80 Vonda Williams Election 75.80 Nancy Adams Election 55.00 Linda Crossland Election 78.00 Patricia Doyle Flection 55.00 Georgia A. Lewis Election 61.80 E. Joyce Walcher Election 50.00 Donna Meineke Election 83.00 Georgianna Manzaneres Election 66.20 Olive Goodale Election 55.00 Beverly Christiansan Election 81.40 Barbara Troxel Election 70.20 Nancy Nottingham Election 59.00 Grace Jenkins White Election 50.00 Wanda Ruminski Election 74.60 Barbara Pearch Election 55.00 Jean Johnson Election 55.00 Mary Smith Election 71.00 Carolyn Freedman Election 71..00 Carolyn Piper Election 91.60 Karen Morter Election 71.60 Vianne Brown Election 55.00 Cheri Dugan Election 55.00 Susan Boyd Election 55.00 Lois Bernstein Election 67.60 Odis Simpson Election 83.80 Dorothy Thurston Election 88.20 Eliza Herrera Election 55.00 Marie R. Montoya Election 79.80 Kathryn C. Owen Election 79.80 Dennie Eaton Canvass Judge 50.00 Pam Buerger Election 63.40 Ellen McCarthy Election 55.00 U.S. Postal Service Postage for meter 6,000.00 Eagle Computer Systems programming Assessors lists pre -abstract 1,322.92 PESSS Division of Employment FICA taxes withheld 6,783.16 Blue Cross/Blue Shield Insurance premium 7,460.48 Rocky Mountain -Life Insurance premium 347.99 Top Drawer Typewriter pads 23.31 Ella F. Bindley Travel Expenses 57.00 Stuart Satsky Travel Expenses 18.40 Linda Nestor Travel Expenses 6.00 Ruth Shelton Travel Expenses 21.80 Eluned Ferguson Travel Expenses 6.00 Staretta Walls Travel Expenses 6.00 Ella F. Bindley Pen, Postage 1.47 Marshall & Swifty Co-mercial manuel 42.52 First Bank of Eagle County Duplicate deposit slips 31.58 Commercial Office Products Office supplies 521.55 3-M Business Products Natural Camera Cards 573.63 Johnnette Phillips Travel Expenses 66.30 County Clerk & Recorder Postage for Mailing certified voting abstracts 3.93 Mary Merkling Court reporter services 520.35 Dan Williams Travel Expenses 140.00 W. Keith Troxel Travel Expenses 209.80 Dale F. Grant Travel Expenses 176.80 Dan Williams Travel Expenses 156.20 r low%/ Proceedings of the Board of County Commissioners 7th day D(-.tober term 19--m __ _19- Laser 19 Laser Registration fee $: 145.00 Dan Sparkman, Deputy Coroner Investigation of death of Kathy McCune 26.20 Dave Wagner, Deputy Coroner Investigation of death of. Charles Leman 30.00 Allen Insurance Agency 4 year bond -Dan Sparkman 71.00 Donna Meineke, County Coroner Travel Expenses 229.48 Mountain Bell Telephone service 436.66 Eagle Pharmacy Office Supplies 566.11 Eagle Auto Parts Supplies 100.67 David Cochran Travel Expenses q 30.50 Mechanics Repairs 920.65 Gabriel Fajardin Travel Fxpenses 30.75 Correctional Industries Summons & Complaints 472.12 Eagle Valley Conoco Gas for Sheriff's car 23.88 Collett Enterprises Gas 1,031.46 Basalt 66 Service Oil Change & gas 27.50 Berthod Motors Repairs 378.90 Sunshine Mountain Auto Towing of freight liner 1,210.00 Colorado State Treasurer Unemployment claims 1,011.88 First Bank of Eagle County Loan payment 2,348.45 Eagle Valley Skelly Tire repair 4.50 Standard Recap Company Tire recap 346:28 Law Enforcement Systems Evidence envelope 80.80 Jackson-Hirch Supplies 309.98 Vail Lock & Key Service call 63.50 Raymond the Printer 1000 letterhead 263.15 Bridgeport Engravers Supply 2 gallons anchor compound 22.70 Hubert Peterson Travel Expenses 80.45 County of Clear Creek Prisoner Board 540.00 Gypsum Vo.unteer Fire Dept, Flood Light 25.00 Loaf N Jug 2 gallons water for prisoners 1.57 Overland &.Express Tickets; Travel 519.00 Kier Lavoratories Blood analysis (Davidson) 10.00 Tu) -all Uniform Company 6 Brown knit shirts and pants 293.40 Protect -Aire Invoice 11146 475.26 Eagle Volunteer Fire Dept. Garage rent 75.00 Bancroft Whitney Amer Zoning 1980 Supply 22.95 Beth Whittier Xerox copies 4.17 Roaring Fork Valley Journal Zone Amend Sub division 9.80 The News Planning Commission hearing 19.28 Charlette J. Pascuzzi Travel Expenses 14.80 Eagle County Treasurer Mileage Administrator 30.30 Glenwood Post Public Hearing 8.99 Jack D'Orio 2 books for office 20.43 Jack D'Orio Travel Expenses 335.80 Judith Rude Travel Expenses 14.50 Karen Crane Travel Expenses 23.00 Sunlight Lettering & Trophy Trophy Engraving for Fair Trophy 5.00 Reuben's Restaurant Meals for Fair judges 84.10 Treasurer, State of Colorado Xeroxing 3.30 Rocky Mountain Natural Gas Gas Useage 112.31 Eagle County Treasurer Gas consumption for Animal Control 954.76 Holy Cross Electric Assn. Electricity useage 820.79 Hometown Supply Supplies 271.60 Jefferson Bank & Trust Loan payment 210.54 Pearl Henderson August mileage Senior activities 104.00 Karen Crane professional services 22.50 Allen Gerstenberfes Associates Elderly facilities Drograms 1,143.81 Boise Cascade " Materials 148.05 Lincoln DeVore Testing Lab Lake Creek Road quality control 269.06 Claude Gerard Travel Expenses 179.60 Melton E. Atwell Travel Expenses 48.80 Eagle County Nursing Reimburse petty cash fund 9.00 Eagle County Nursing Service Postage -Reimburse petty cash 18.68 Eagle County Nursing Service Postage -Reimburse petty cash 6.34 Jane Merritt Liability Insurance 25.00 Vail Valley Medical Office rent 498.40 Jane Merritt Travel Expenses -96.30 Hazel Higgins Travel Expenses 17.10 Margie Gates Travel Expenses 208.10 Sarah Schipper R.N. Travel Expwnses 105.70 Cecilia Schmidt Travel Expenses 28.00 Helen Molcsan Travel Expenses 42.710 Coca-Cola Bottling Company 7 cases pop 45.50 Eagle Valley Enterprise Ads 190.37 IBM Service agreement 655.44 Salt Lake Tribune Classified ads 76.12 American Foreign Language newspaper Classified Ads 146.20 Casper Star -Tribune Classified Ads 25.70 Rosey Capodicci Travel Expenses 12.60 Raymond's Office Supplies Tape recorder 153.40 Eagle County Trash Company Trash Removal 79.99 Vail Associates Rodeo equipment .for Fairgrounds 3,507.50 James S. Meeney Fuel Stoker coal for McDonald Ruilding 667.38 Town of Eagle Water/Trash bill 2,568.00 Eagle Sanitation District Sewer Service 165.00 Town of Basalt rent and utilities 825.00 James Nimon Travel Expenses 173.40 Susan A. Vaughn Travel Expenses 65.40 UPL 3 Hard hats 13.97 Ed Hammer Permits 986.25 David Tyree Pre registration 75..00 Solar Engineering Subscription renewal 20.00 Quick Valley Printing Invoice 1526 125.28 ("21 Proceedings of the Board of County Commissioners 7th day October tern 19_L0_ 19 Jim Morris Contracts/Permits $ 423.38 Jo Ann Deighan Travel Expenses 100.00 Jo Ann Deighan Adult Airfare 316.97 Erik Edeen Travel Expenses 71.20 Jo Ann Deighan Travel Expenses 5.60 Gerald Best Travel Expenses 25.80 Les Douglas Travel Expenses 19.0.3 Brian Haas Travel Expenses 302.95 Thomas Boni Travel Expneses 116.52 James Williams Travel Expenses 59.00 American Public Works Membership Service fee 60.00 Glenwood Toilet Rentals 1 unit for Wolcott 65.00 Mountain Mobile Mix 5 gallons of cement 270.00 Virginia Rose 31 hours/mileage 129.08 Senior Edition Subscription for NUTRITION CENTERS 13.25 Margaret Kleiner Mileane to meetings 14.40 Lucille Lieber Coordinator -postage -meals -mileage 254.82 Lily Forster Travel Expenses 18.35 Eagle Telecommunications pooling phone charges 4,720.13 Marianne J. Bolt Travel Expenses 8.35 Jack Loughran refund of sewage disposal paid 125.00 T & M Electric Refund of electric permit 12.00 Vail Trail Legal Notices 67.06 TOTAL----------------------------------------------------------------------------------------- 4200,645.02 Road & Bridge Fund Road and Bridge Fund Payroll 37,058.80 Eagle County Treasurer Storeroom Supplies 161.35 Petty cash fund reimbursement 57.48 Respond First-aid systems Invoice 52638 72.75 Collett Enterprises Gas;Grease;Tires 8.407.65 SafetyKleen Corporation Service for shop 27.31 Boise Cascade Pad Lock 6.74 Boise Cascade 2 gallon can 4.90 Mountain Mobile Mix 5 yds of cement 287.40 X-Ergon Tuff -Plus Electrode 100.61 Roaring Fork Valley Co-op Weed killer - wire 243.23 Central Tool Large and small pliers 38.38 UPL Invoice 07-20454 4.40 Supplies Unlimited Tools 1,853.45 Holland Auto Parts Auto parts 475.55 Valley Gas & Welding Invoice 18326 & 8129180 45.00 E -Z Way Rentals Rentals 112.90 N & B Filter Service 3 filters 40.24 Western Slope Uniform Rent of shop towels 19.66 Weatherhead Fittings; freight 26.86 Air Rentals Gaskets 6.48 Lawson Products Supplies 780.53 Explosive Engineering Invoice 1879 & 2247 681.97 Jefferson Bank & Trust Loan payment 2,304.10 Jefferson Bank & Trust Loan payment 1,988.10 Cummins Power Inc. Manual; Postage 11.05 Holy Cross Electric Electricity useage 118.89 Town of Vail Public Service charge 36.98 Bishop's Trash Service Trashe service-Rasalt 8,00 Rocky. Mountain Natural Gas Gas 73.7,1 Pete Honnen Equipment Company Equipment 523.75 Case Power & Equipment Hose 1.22 Hanson Equipment Spring 1.44 Faris Machinery Company Rental of Trash pump 360:00 Dick Wheeler Inc. Lease payment 204.77 Universal Engineering Supply Model 400 Rolatape 85.60 dl Republic National Bank Loan payment 960.55 Wheeling Corrugating Company pip for Lake Creek 921.44 Thompson Pip & Steel Culvert for Lake Creek 171.93 Troxel Construction First payment for work on Lake Creek Road 54,236.00 PESSS Division of Employment FICA taxes withheld 2,271.68 Blue Cross/Blue Shield Insurance premium 2,024.26 Rocky Mountain Life Insurance premium 95.41 Eagle County Treasurer Storeroom supplies 132.61 Eagle County Treasurer -General Fund Storeroom Supplies 2.3.;91 Mountain Bell Phone charges 48.35 Eagle Telecommunication Telephone charges 176:01'_ Frank Daughtery Travel expenses 173,40 Ernest Cock Travel Expenses 73.20 Donald Matthews Travel Fxpenses 48,60 Neil J. O'Neil Travel Expenses 19.20 Max McCoy Travel Fxpenses 44.60 Basalt Sanitation District Sewer Service 54.00 Eagle Sanitation District Sewer service 15.00 Town of Basalt Water service for Basalt Shop 60.75 Universal Engineering Supply Invoice .33490 15.16 American Public Works Association Registration fee 130.00 Cash -Road & Bridge Fund Parts & Office supplies 36.55 Hometown Supply Supplies 65.06 Boise Cascade Materials 122.78 Town of Eagle Trash & water 13000 i Holy Cross Electric Electricity 130..07 Rocky Mtn. Natural Gas Gas useaqe 108.01 Grand Junction Pipe & Supply Invoice 29252 1,926.75 i� it Proceedings of the Board of County Commissioners f7th day +ober term 198D Ventres -Landauer Construction Roaring Fork Valley Co-op R G M W Cummins Power Western States Industries Supplies Unlimited B & B Excavating Air Rentals Sanborn Equipment & Supply Elam Construction Mesa Mack Sales Beco Construction Valley Rentals Wagner Equipment Company Drive Train Industries TOTAL-------------------------------------- Library Fund Eagle County Treasurer Eagle County Library Bell & Howell Catalog Card Corporation Kansas State Reading Circle Learning Center Baker & Taylor Dinosaur Discounts Baker & Taylor Thomas Bouregy & Company Alpenrose Press Pitkin County Library Brodart Book Express National Recording Company The Bookman Inc. Victor Hitho & Company Eagle County Treasurer Eagle Telecommunication Friends of the Eagle County Public Lib Holy Cross Electric Holland Auto C L A Annual Conference PESSS-Division of Employment Blue Cross Blue Shield Rocky Mountain Life Eagle County Treasurer Ealge County Treasurer Minturn Branch Library Gumdrop Books Standard & Poors Corporation Associated Libraries American Econo-Clad Services Administrators Digest Baker & Taylor Compnay Ebsco Subscription Service Colorado Outdoors Gordon's Books Jende-Hogan Company Brodart/Book Express Mountain Bell Elsie Pallister Eagle County Treasurer, Eagle County Treasurer Eagle Sanitation District Holy Cross Electric Eagle Auto Parts Final payment -Lake Creek Bridge Panel gates and posts- Lake Creed Freight Invoice 353437 Invoice 80901 Supplies Sand & Asphalt Freight Dip 10 tons cold mix asphalt Invoice 36748 Rental on 2500 gal. water tank Invoice 11143 Equipment Invoice 29209 Library Fund Payroll Storeroom supplies Reimbursement of petty cash Microfilm Reader Bulbs Catalog card set Books, Cataloa Card kits Replancement of lost book Books Books Book standing order Book -standing order Books Replacement for lost book Books Recorded cassettes Books Recorded cassettes Gas Consumption Phone service Postage reimbursement Electricity useage Bookmobile distributor Professional Conference FICA taxes withheld Insurance premimum Insurance Premium Reimbursement of miscellaneous fund Storeroom supplies Reimbursement of petty cash Books Books Books Books- standing order Peridical subscription Books- Standing order Periodical subscription -standing order Periodical subscription Books -standing order Books Rooks Minturn branch phone service Travel- Expense Reimburse general fund Mileage costs Sewer service Electricity New Carborator-Bookmobile 19 - $ 6,740.00 371.15 221.84 48.15 11,692.21 42.90 9,959.72 1.58 68.76 463.38 167..35 375.00 81.00 8,110.24 185.45 -----$158,925.28 6,471.76 64.39 49.53 23.40 96.93 97.11 10.20 5.14 25.66 20.01 35.50 28.60 1.45 68.67 72.45 226.90 67.22_ 61.05 12.30 50.00 22.28 40.10 23.00 396.72 328.83 18.60 64.39 26.02 19.31 139.50. 515.00 30.72 87.88 14.00 17.79 98.50 3.00 152.64 4.21 20.25 30.03 27.49 10.05 65.55 15.00 24.47 42.00 TOTAL------------------------------------------------------------------------------------------ $ 9,725.60 This being the regular meeting for payment of bills and for such matters as appear on this days agenda, to wit: Supplemental Mick Kasher, Administrative Assistant, presented a Supplemental Appropriation for t;he Federal Aviation Appropriation Administration Resolution. This recognizes the receipt of $375,000.00. Commissioner Williams moved the Supplemental Appropriation for Federal Aviation Administration of Public Works Fund be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Mr. Kasher presented a second Supplemental Appropriation of the Special Highway Users Tax Fund in the amount of $161,968.07. Per previous discussions $120,000.00 will go toward the construction of Lake Creek Road. The amount of $41,968.07 will be out in the Road and Bridge Fund to help cover overruns and fuel expenses which were unanticipated. Commissioner Williams moved the Supplemental Appropriation for Highway Users Tax be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. SBS Hangar Beth Whittier, County Attorney, reminded the Board Les Streeter, Trevor Bradway and Barry Stott had Application previously presented to the Board an Airport Facility Lease to construct a hangar to accomodate four airplanes At that time the Board tabled the item to allow the County Attorney ti review the lease to determine if if was adequate. Ms. Whittier stated she has no problem except they did not include an Exhibit "A" or "Al". This lease is not effective until the issuance of a building permit. Proceedings of the Board of County Commissioners 7th day October term 19 80 19 Ms. Whittier advised she had spoken with Barry Stott earlier in the day and he advised under Section 28d it states no black topping or construction of hangars is to commence until the building permit is obtai The applicants are requesting to proceed with black topping and omit the "no blacktopping" in the lease. Chairman Grant feels the Board can approve the lease without the exhibits but the County should have them before the building permit is issued. Commissioner Williams questioned if there are any specific references in the lease to identify the ground other than what is shown in Exhibit "A" Commissioner Troxel stated he would prefer getting the Exhibits before signing the lease. Commissioner Williams moved after Exhibit "A" is presented and approved the Roard will sion the lease. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. There being no further business to come before the Board the meeting was adjourned until October 14, 1 Attest: ` ?erV the Boa Chairman M PROPOSED CHANGES .'To The EAGLE COUNTY ZONING RESOLUTION 3 September 1980 Draft Caretaker Units Section 3.01.02 Uses by Right 1. Agricultural including farm, garden, greenhouse, nursery, orchard, ranch, small animal farm for production of poultry, fish, fur -bearing or other small animals and customary accessory uses including building for shelter or enclosure of animals or property employed in any of the above uses or CHANGE -------- dwellings for persons employed full-time in any of the above uses. Add 2. Dwelling snit for persons employed as a caretaker of the parcel of land Adjust sub -section and sect!)n numbers accordingly Delete: 3.01.03 Special Uses (4)(e) Dwelling or d—ellings for persons employed for a use by right. Add Definition Rural Homesite 2. M 86 - Caretaker: A person who is not the owner of the land but who is employed by the owner to maintain the land and structures on it. Section 4.01.08 Rural Homesite Change: (4) Land parcel is determined to exist on or before the date of enactment of this resolution (October 4, 1974), as shown in the official records of the County Clerk and Recorder. The burden of proof is with the applicant to supply the required information. Resort, including dude ranch, hunting or fishing camp 2.02.80 Resort: A land use for the purpose of recreation, which provides guest lodging, recreational activities, dining facilities and other needs operated on the site. n� PROPOSED CHANGES Ui To The EAGLE COUNTY ZONING RESOLUTION 3 September 1980 DRAFT so REVISIONS OF DRAFT AS SUGGESTED BY THE PLANNING COMMISSION AT THEIR MEETING ON 3 September 1980. Caretaker Units Section 3.01.02 Uses by Right After POULTRY, add Livestock Add to Section 3.01.03 - Special Uses Dwelling or dwellings for persons and their families principally or seasonally employed iin any of the above uses or one dwelling unit for persons employed as a caretaker of :he parcel of land. Add Definition - 2.02.86 After MAINTAIN add or safeguard Add to 3.01.03 (7)(d) - (pertaining to Rural Homesites) This item (7) shall cease to be effective on January 1, 1986. ��mn un t f, f9:4 Resort, including dude" ranch, hunting or fishing camp, add cross-country ski trails Change 2.02.Wof draft to 2.02.87 After GUEST, add or member so Q N Add 2.06.01 ADDITIONAL AMENDMENTS EAGLE COUNTY SUBDIVISION REGULATIONS 3 September 1980 Proposed A final Plat drawn in accordance with Section 4.03 of this Regulation shall be required to be submitted on the first working day of the month in which the application for exemption is to be heard. This plat shall show the proposed land division. Add new sentence to Exemption Application Attach sketch plan...... 5 copies of final Plat drawn in accordance with Section -4.03 showing land division is required tj be submitted on first working day of the month in which application is to be heard. of 0 I 2 a Wo E 4 a sit is, j E L gal Un E f I jM 88 g K e :q =is MO. at PA -� if fil if M 0 m 9 3 K - - - - - - - - - - 3 2H 0 n M� A n c 2:2 Ao o 19 A I M 0 m Proceedings of the Board of County Commissioners 14th day October term 19 80 19— Special Meeting Present: Dale Grant Chairman Mel Atwell County Engineer Dan Williams Commissioner Susan Vaughn County Planner i Keith Troxel Commissioner Linda Hatton Secretary to the Clerk to the Board Mary Merkling C.S.R. } This being the day for planning matters, the followina items were presented for the Board's consideratior Lake Creek Mel Atwell, County Engineer, presented a bid from Hearst Construction for the.completion of the Lake Road Creek Road. Chairman Grant read the submitted bid which stated the construction would begin October 15, 1980 and be completed November 15, 1980. Chairman Grant advised the total amount of the bid was $139,054.00. Commissioner Williams moved the Hearst bid be accepted. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Dietz: Vail Mel Atwell, County Engineer, requested direction from the Board on Mr. Dietz's project in Vail Intermoun Intermountain tain. The road construction was approved by the Board to be paved. Mr. Dietz is requestinn the County to accept the road with a gravel surface and additional collateral for paving next ,year. He is asking the County to accept the road for maintenance this year without paving. The Board concurred the road would not be accepted by the County until it is paved. Zc-134-80 Request: Zone change for 21.1 acres form Resource to Agricultural Tesidential Walley Location: 1%z miles east of the Town of Basalt, North of the Frying Pan Road Dallenbach Sm -199-80 Request: - 21 acre parcel split into 2 lots Nevadaville Location: Tract 51, Section 9, T8S, R8614 Susan Vaughn, Planner, advised the next item was a request by Wally Dallenbach for a zone chance from Resource to Agricultural Residential. Ms. Vaughn suggested also hearing file #Sm-199-80'Nevadaville Minor Subdivision at this time as it deals with the same property. This zone change was tabled from the September 8, 1980 hearing at the applicants request. Ms. Vaughn pointed out the location of the property. She advised there are 20 acres of land the applica wishes to split and rezone to Agricultural Residential which would allow a minimum l,ot size of 10 acres. There are currently two Special Use Permits for the westernly portion of the 168 acres the applicant owns which has a quest ranch on it. Mr. Dallenbach pointed out the location where there could be no building. He explained there are two designated sites for homes with covenants included requirinn the buildings be put only in those areas. Mr. Dallenbach explained the configuration of the property line advising the property line would be a common access. Commissioner Williams moved Zc-1.34-80 zone change for Wa4ley Dallenbach be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams questioned if there is a pedistrian easement anticipated across the property. Mr. Dallenbach stated there would be no encroachment on the property. Chairman Grant feels this project will only improve the area. Mr. Dallenbach presented his covenants for the project. Tom Boni, Assistant Planning Director, advised the Staff recommended approval of this minor subdivision. The concerns the Staff previously had have been addressed. The Plannina Commission recommended aoproval of this item. Commissioner Troxel moved Sm -199-80 be approved. Commissioner Hilliams seconded the motion and the Chairman declared the vote unanimous. Zc-137-80 Request: Zone chanae for 4.135 acres from Resource to Rural Residential Gerald Olesen Location: 1 mile west of the Town of Eagle, South of Highway 6, in Section 6, T5S, R841 Susan Vaughn, Planner, advised the next item was the Gerald Olesen zone change. The applicant is requesting to change 4.135 acres from Resource to Rural Residential west of Eagle. Ms. Vaughn advised the Staff recommended approval as it is consistant with the general use in the area. The Planning Commission recommended approval. Commissioner Troxel moved Zc=137-80 be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Zs -126-80 Request: Special Use Permit for 149.3 acres for gravel extraction, including minino, crushing and washing, Loren Chambers stockpiling, asphalt and pre -mix activities. Location: Between the Eagle River and I-70, northwest of the Town of Eagle in Sections 5 and 6 , T5S,R84W Tom Boni, Assistant Planning Director, advised the next item on the agenda was the Loren Chambers SUP. Mr. Boni advised a previous application was heard by the Board but the application has been changed and is being presented again. Mr. Chambers presented the basic differences between this plan and the previous'one. He explained the basic idea is a land reclamation project to utilize irrigation water use by gravel extraction. The proposal is to lower a portion of the land to be able to irrigate 40 assitional acres. Discussion: followed on the noise levels of the crushing operation, traffic volume on the fairground road, and the dust. Mr. Boni advised the Staff reviewed this plan on-site and found there is not the same degree of conflict to the Town of Eagle as in the previous application. The Staff recommended approval with the following conditions: 1. Paving on the Fairqround road by the developers. 2. Delete area A from this application for a SUP 3. Identify the exact proposed qravel extraction area through specific legal description. The Planning Commission recommended approval of this SUP with the following conditions: 1. deletion of area A !' r 2. annual review of operations. 3 paving of access road 4. stabilize road 5. restoration be conducted in orderly fashion 6. minimum increments of 2 acres to be completed. Chairman Grant questioned the increments of two acres. He does not feel two acres would give enough room to operate. Mr. Boni read a letter from the Fagle Valley Chamber of Commerce listinq three main objectives: 1. It will provide employment for local residents. 2. It will provide raw material, ready mix, and hot mix locally 3. When the gravel extraction is completed the land will be returned to agriculture and be more suited Proceedings of the Board of County Commissionersg t:� day D -c -� b e r, term 19go 19— for production than in its present state. The Chamber of Commerce recommended approval with a review after the first year to insure the applicant is complying with all requirements in the SUP. Mr. Boni read a letter from Mr. McClain which stated he has not viewed the site and feels it would be unfair to file an objection without visiting the area. Mr. Boni presented a letter from the Town of Eagle recommending approval with the following conditions: 1. Specific time and weather conditions to be set for mining of area A 2. Paving be completed as proposed to the end of the public right-of-way 3. Dust control measures presented with previous application be implemented in this application 4. Location be within the southwest quandrant of the property. Chairman Grant asked if the application for area A is specified to only be mined at certain times. Mr. Chambers read his summary stating area A will be mined in stages and during winter or times of bad weather. Mr. Boni stated in conclusion the Staff recommend before this application be approved and ';the three conditions listed be submitted by the applicant. Chairman Grant advised he has no problem with area A if it is done in accordance with the recommendatioi made by the Town of Eagle, He feels the other two conditions should be met. Commissioner Troxel stated as long as the Town of Eagle's recommendations are in the SUP and adhered to he has no problem with this application. Willie Powell, adjacent land owner, stated he has had many objections to this project in the past. He feels all conditions should be set forth and the applicant should define his intentions on area A. Commissioner Williams advised he would like to leave Tract A in the plan and when Mr. Chambers decides to extract gravel from that area he should come to the County to make the County aware of mitiqation factors to be reviewed for adequacy. He would like to see the following conditions: 1. The applicant should provide a legal description for the southwest quandrant 2. There should be an annual review 3. Paved access road at least by the end of the first years review 4. Adequate dust control measures. 5. Two acre maximum be lifted and specifically made 5 acres. Discussion followed on the County share of paving the County Fairground road. Commissioner Troxel stated without knowing the specific costs he cannot commit to any paving of that road. Commissioner Williams moved Zs -126-80 a SUP for Loren Chambers be approved with the following condition-. !. Legal description of southwest quandrant be provided prior to mining operations commencing 2. Annual review be attached to the SUP 3. Applicant pave the access road, which was identified in this hearing, by the end of the first annual review. 4. Specifically the mining operations be allowed from two acre maximum to 5 acre maximum. 5. Area A be included in the SUP but work done on Area A meets requirements of operating there when there is no wind or as practical thereto as Possible. There be sufficient moisture to hold the dust 6. Staff visually inspect on an occassional basis and/or complaint type basis any dust problem that may arise. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Chairman Grant advised the next item was a Public Hearing of amendments to the Subdivision and Zoning Regulations. Susan Vaughn, Planner, presented the proposed changes and deletions to the Zoning Regulations with the Staff and Planning Commission recommendations. (see exhibit) The first changes presented concerned the caretaker units. Commissioner Troxel moved the proposed changes to the Eagle County Zoning Resolution as discussed by the Board which would put caretaker units out of a Special Use and into the Use by Right with the wording to be "dwelling or dwellings for persons and their families principally or seasonally employed in any of the uses or one dwelling unit for persons employed as a caretake of the parcel of land attached or unattached" Also in section 3.01.02 after poultry add the work livestock. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Ms. Vaughn advised the next section of the Regulations pretained to the Rural Homesite clause. Commissioner Troxel moved in regards to rural homesite 3.01.03 of the Zoning Resoution item (7) shall cease to be effective January 1, 1984. In regards to 2.02.87 Resort, including dude ranch, hunting or fishing camp, or cross country or trail skiing lodge to include the definition of land use for the purpose of recreation. This provides lodging, recreational activity, dining facilities, or commissary for members. This definition shall apply to Special Use Permits issued and still in full force prior to nctober 14, 1980. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Tom Boni, Assistant Planning Director, advised the next item was the amendments to the Eagle County Subdivision Regulations. The basic intent is to clarify the regualtions rather than change them or add new concepts. After discussion Commissioner Troxel moved under section 1.17 of the Eagle County Subdivision Regulatio change it to read Development Review Team. Under 2.06 upon application of exemption (a), (b), and (c) of the recommendations made by the Planning Commission be incorporated as listed on the recommendations dated September 15, 1980. (see exhibit) Commissioner Williams seconded the motion and i.n= discussion feels there should be another provision for open space. Commissioner Troxel amended his motion to state 2.06(c) be worded "the property division is for the purpose of perpetual open space" and that it be placed under 1.08(q). Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved on page 13 of the Subdivision Regulations under section 3.06.04 delete the existing paragraph and add the new paragraph as stated (see exhibit). Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams moved underl.iitem 3.01.02 as identified by Staff be approved and included in the Regulations. (see exhibit) Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved under 4.01.02 the Staff recommendations be approved and accepted. (see exhibi Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams moved 4.03.02 be approved with the wording changed to "shall be established to operate such systems". Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams moved 4.02.01 page 19 be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Amendments to 7oninq Regulations Amendments to Subdivison Regulations I� II I, Proceedings of the Board of County Commissioners 14th day October tern 19 Bo Commissioner Williams moved under 4.03 the last sentence read " a subdivision summary form should accompany application for final plat". Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams moved 4.03.01 be approved. Commissioner Troxel seconded the motion and the Chairman declared the .vote unanimous. Commissioner Troxel moved an additional sentence be added to Section 4.03.02(d) as the sentence appears in the Planning Commission recommendation. Add a section (q) to 4.03.02 which states show compliance with section 4.02.01(m). Add subsection (m) to 4.02.01 which states a condensed form of the Resolution regarding School Land Dedication or cash in lieu of. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Tom Boni feels in terms of bookkeeping 5.03.02 which is a subsection the Floodplain defined should read 100 year plan is defined as that area which can be anticipated to be inundated by the 100 year frequency storm. Then delete the existing subsections (a), (b), and (c). Commissioner Williams moved to approve the above recommendations. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Zs -98-78 Susan Vaughn, Planner, advised the next item was a SUP which was approved October 1979 to permit the Colorado -Ute construction of the Wolcott to Basalt 230 KV Electric Transmission line. Jerry Stormer gave a progress report on the project. The actual transmission line is being delayed by the BLM right-of-way grant and the Forest Service SUP. Mr. Stormer advised they are requesting an extension of the SUP with completion of construction next month. Dan Arbany, area resident, stated he is trying to determine exactly where the approved line is located. Discussion followed on the location of the lines. Jack O'Fallon advised the problem is there is an agreement with adjacent property owners and the nego.ti-ati`o.ns would have to begin again if the line was moved. Commissioner Troxel advised he has no problem extending the SUP as approved, but feels all differences with property owners must be resolved. Mr. Arbany stated he was informed the line could not be moved as the County had stated it had to be located in a certain position. Ms. Vaughn read the original SUP in regards to the location of the line. Commissioner Troxel requested a written report be given to the Board regarding negotiations with the Arbanys. Commissioner Williams moved to approve the renewal of the SUP with the conditions an as planned plan on item 6 be submitted, alignment for alternate "L" be extended northerly to the vicinity of Cottonwood Pass and mitigation measures the applicant is going to take with the property owners, if any, be presented to the Board. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Rocky Mountain' Beth Whittier, County Attorney, advised the next item on the agenda was the review of the conditions Airways imposed on Rocky Mountain Airways' SUP. Ms. Whittier stated on July 14, 1980 the Board requested a hearing be scheduled for today to determine compliance with the conditions. Subsequent to the July 14, 1,980 hearing Rocky Mountain Airways filed a Rule 106 law suit against the Board of County Commissioners. On October 7, 1980 the Board received a letter from Susan E. Birch, representing RMA, requesting this hearing be continued until such time judicial determination is make on the Resolution concerning the conditio Mr. Stone had stated he could not attend this hearing and requested this hearing be tabled. Commissioner Troxel moved this item be continued until a judicial decision is made on the Resolution. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Radio Vail Susan Vaughn, Planner, advised the next item was an annual review of the Radio Vail SUP which was grant last year for the purpose of the construction of a tower in the Minturn area. It was approved conditionally upon receiving a copy of the lease from Vail Associates and the applicants receiving FCC approval. Ms. Vaughn advised the FCC approval is still pending therefore the VA lease is still pending. Commissioner Williams stated the Board's determination should be based on the land use of putting a tower on that land. Commissioner Troxel moved the SUP be renewed with the same two prior conditions. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Planning Susan Vaughn, Planner, advised the next item on the agenda was appointments to the Planning Commission Commission from the Vail area. This was advertised and the County has received two letters: Appointments 1. David Green - presently an alternate 2. Bob Parker - employed with KKBNA Commissioner Troxel moved to readvertise and make no appointment for 60 days to encourage more applicant Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Tom Maron Jim Williams, Zoning Inspector, advised the next item was a request from Tom Maron to seperate a duplex i Eagle -Vail. Mr. Maron had previously proposed,:to the Planning Director, a duplex with one unit being removed from the other. The former Planning Director denied the request as the distance seperatinq the two units was not in character with existing duplexes. At this time the applicant has submitted a new plan to be reviewed by the Board. Bill Pearce, representing Tom Maron and Charlie Morton, explained the new proposal as the two buildings being connected by a 6' wide bridge. Commissioner Troxel questioned if there is adequate parking. Mr. Pearce discussed the parking. Jim Williams advised the Staff's concern is in the Zoning Reaulations under 2.02.2(a) it sates dwelling two family - a building containing two dwelling units. It does not state building(s). Commissioner Troxel stated he has no problem as lona as the Eagle Vail Architectural Committee deems this as a duplex in their covenants. Commissioner Troxel moved to allow this plan to be accepted with the condition the applicant concurs with all conditions imposed by the Eagle -Vail Architectural Committee. Commissioner Williams seconded the motion. The Chairman declared the vote two in favor; Chairman Grant voting "no" as he does not feel it is a duplex. Pearl Peterson Susan Vaughn, Planner, advised the next item was Hubert Peterson with an explanation of the Pearl Exemption Peterson Exemption which is scheduled to be heard by the Board on October 29, 1980. Mr. Peterson advised the request is to legalize the parcel belonging to Pearl Peterson so as to sell it with no strings attached. Mr. Peterson stated all recommendations of the Planning Director in regards to legalizing the lot have been complied with. Commissioner Williams explained the only problem at the previous hearing on this matter was there were three illegal lots in this area and the Board wanted all three of them legalized at the same time. This applicant does not own and has no control over the other two lots. Commissioner Williams advised the Staff had indicated when the Peterson lot is legalized the lot to the Proceedings of the Board of County Commissioners 14th day October term 1920- 9 B0 19- 19 - east east will automatically become legal because the one further east of the Peterson lot is already a legal lot. The Board thanked Mr. Peterson for appearing. Susan Vaughn, Planner, advised on July 30, 1980 Mr. Fagerbeger appeared before the Board for replat approval of Windward Ranch which involved obtaining a new access into the property. The property had been unknowingly landlocked about 7 years ago. The approval received on July 30, 1980 was conditional upon a plan check and a condition involving an access route. Mr. Fagerbeger stated all conditions have been addressed. Beth Whittier, County Attorney, presented a Title Insurance policy to the Board. Ms. Whittier advised basically this is an Easement Deed between Columbine Cattle and Land Company and Western Resort Land Corporation. I, Ms. Whittier highlighted the Easement Deed and advised there is also a warranty deed which allows for adjoining points.to access. The County is not involved in this transaction. Jim Williams, Zoning Inspector, pointed out items on the plat which needed signatures. Mr. Fagerbeger explained the engineer did not want to sign the plat until the survey is done. The road needs to be built before the survey is done. They do not want to) build the road until the plat is approved. Ms. Vaughn explained the Board connot sign the final plat until all other signatures are on it. Commissioner Williams moved the Attorney's certificate be waived on this final plat. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Susan Vaughn, Planner, advised the next item was Sierra Condominiums. This item was previously tabled. Bill Post, applicant, explained the reason for the tabling of this item on October 6, 1980 . Mr. Post advised several months ago they had presented a 4-plex they requested to convert to four condominiums. An agreement was reached that this would be approved so long as certain work under a Subdivisic Improvements Agreement would be completed. At that time the plat was signed with a plat restriction that until the Subdivision Improvements Agreement had been met there would be no sales of the condominiums. Mel Atwell, County Engineer, had required a $26,000.00 letter of credit for the road cut for the retaining wall. On October 6, 1980 Mr. Atwell had four items that needed to be addressed. Mr. Post advised they have had a difficult time getting Mr. Atwell to the site to review it. Mr. Post requested the Board direct the County Attorney to removed the plat restriction and not draw on the $26;000.00 letter of credit. The applicants will present a $2,600.00 bond to hold for one year. Lloyd Johnson and Bill Wessman, persons doing the work on the retaining wall, stated the corrective work has been done. Commissioner Troxel moved to instruct the County Attorney to draft a Resolution removing the plat restriction for File # Sm -176-80 and to release the letter of credit back to High Sierra Developers, Inc. The $2,600.00 retainer shall be presented to the County Attorney to disburse to the appropriate department. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Beth Whittier, County Attorney, advised the letter of credit from High Country Corporationaon Meadows #2 in the amount of $86,000.00 is due November 1, 1980. It was secured as collateral for a Subdivision Improvements Agreement that had been signed. Ms. Whittier read a letter requesting an extension of the letter of credit until August 1, 1981. Ms. Whittier advised if the Board approved this extension she would need a letter from the Bank extendi the $86,000.00 or a new letter of credit. If it is not drawn on before November 1, 1980 it will become null and void. Commissioner Troxel moved the County contact the applicant in regards to a new letter of credit being issued to expire August 1, 1981. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel advised in the official minutes of August 27, 1980 it should state the Board has the latitude to make the lot size 16,000 ft. rather than 1,600 ft. This being the only correction necessary Commissioner Troxel moved the minutes of August 11, August 26, August 27, September 2, September 5, and September 8, 1980 be approved. Commissioner Williams seconded the motion. Chairman declared the vote two in favor; Chairman Grant abstaining as he was not present at those meetings. Commissioner Williams moved the Sierra Condominiums item B be continued as a hearing matter until Oct 24, 1980. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Allan Gerstenberger appeared to request a vote on the Community Development Block Grant. Commissioner Troxel moved the Chairman sign the A-95 Community Development Block Grant Review. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. There being no further business to come before the Board the meeting was adjourned until October 28, 1 Attest: — C e k to the Board ✓ 0 i Windward Ranch 1. t; Sierra Condos High Country Corporation Minutes Sierra Condo A-95 Review