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HomeMy WebLinkAbout1980 10-28 to 12-31t aA a I li I r k r Fes/ �F a ' ,l `•"\"�: Jll _IY I li Fes/ �F a ' ,l `•"\"�: Proceedings of the Board of County Commissioners 28th day_ October term 19 8o Special Meeting Present: Dale Grant Chairman Beth Whittier County Attorney Dan Williams Commissioner Erik Edeen Enviromental Health Officer Keith Troxel Commissioner Johnnette Phillips Clerk to the Board Mick Kasher Administrative Assistant Mary Merkling C.S.R. Social Service Erik Edeen, Enviromental Health Officer, advised the Commissioners the first item to be heard would be a Board of Health item. The Board adjourned as the Board of County Commissioners and reconvened at the Board of Health. Mr. Edeen explained the item to be heard was referred from the County Social Services Department. A family of three youn men and their father living in a 6' X 8' trailer in the Minturn area. The trailer had no.heat, sewer, or water. The Social Services Department requested the Health Department inspect the livinq quarters and give an indication, if there are sub -standard conditions existing the family can be relocated to the River Bend area. Mr. Edeen recommended if the trailer is in the County the County should specifically state -the problems surrounding this situation to the Social Service Department. If the trailer is located in the town of Minturn, the problem should be brought to the Minturn officials attention. Commissioner Williams suggested as the Town of Minturn has no Enviromental Health Officer, Mr. Edeen should forward his recommendations to them. Gene Slaughter The second item on the agenda concerns a spetic system of Gene Slaughter. The system is discharging into an irrigation ditch. Equipment to repair the system has been purchased. Mr. Edeen recommended allowing 10 days to complete the •project. Commissioner Troxel moved to allow Mr. Slaughter the necessary time to complete the project, providing the Enviromental Health Department approves the final result. Commissioner Williams seconded the,.motion and the vote was declared unanimous by the Chairman. At this time the Board adjourned as the Board of Health -and reconvened as the Board of County Commission( 1041 Permit Erik Edeen, Enviromental Health Officer, advised the Board of a 1041 Permit application to construct application condominiums and site grading on a 6.2 parcel of land located along the frontage road, SW' -n of Section 12, T5S, R81W of the 6th P.M. in blest Vail. Mr. Edeen advised there are 10 days between the submittal of an application and the determination of the fees to be charged. Discussion of fees for a 1041 permit application ensued. The Staff recommended a charge of $20.00 per hour for Staff time. Also recommended was that no structure be located in the Floodplain and waiving of the hearing requiremei Commissioner Troxel moved to waive the hearing requirement on a 1041 permit application. Commissioner Williams seconded the motion and the vote was declared unanimous by the Chairman. Mr. Edeen stated proposed charges for processing this application should be: 3 hours Staff time @ $20.00 $60.00 xeroxing costs 9.75 transportation and mileage 12.00 8.75 Commissioner Troxel moved to charge a $81.75 fee for the 1041 permit application. Commissioner Williams seconded the motion and the Chairman declared the vote. unanimous. Mr. Edeen presented the approved permit for the Board's signature. Commissioner Troxel moved to_sign the 1041 permit. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner I4illiams moved to approvecIthe concept of the fee schedule for the 1041 permit application. Commissioner Troxel seconded the motion and the vote was declared unanimous of the two voting. Public Utilitie's Jo Ann Deighan, Assistant Enviromental Health Officer, appeared -and presented a Public Utilities Regulatory Regulatory Policy Act and reviewed the Regulations and changes with the Board. The Colorado P.U.C. proposed Policy Act rules were discussed, concerning the Resource Recovery project. Mick Kasher, Administrative Assistant, stated his opinion of the project and the importance of it. Ms. Deighan explained cost of sales of the electricity and revenues derived from electrical sales. A letter drafted by the Enviromental Health Department to the PUC was presented for the Board's review and signature. Commissioner Troxel moved to sign the letter presented and addressed to the PUC. Commissioner Williams seconded the motion and the vote was declared unanimous. The Board directed Mr. Kasher to mail a copy of the letter to the C.C.I. Landfill Mick Kasher, Administrative Assistant, advised the Board on October 15, 1980 a meeting was: held with private trash haulers to,discuss private enterprise taking over the landfill. There were alot of questions presented and Mr. Kasher believed the Board's direction was needed. Doug Pilcher, Road and Bridge Supervisor, updated the Board on what has been done with anticipation of a commercial trash company_ taking over the landfill. Mr. Pilcher expressed concerns on how to put out a bid for a private company to run the landfill and the impact of the charge on the Resource Recovery project. Mr. Pilcher reviewed the contract he had drafted and his ideas on bonding a company prior to obtaining the landfill. He also explained his ideas on how to handle transfer of the County equipment and employees used at the landfill. Art Klimer, President of Eagle County Trash, was present and ,joined in the discussion. Les Limon, spokesman for the Downhill Pick-up Trash Company, responded he would prefer to follow bids on just trash yardage. The Board agreed the proposal should be pursued. More thought on the equipment sale, County liabiltiy, and drafting a lease was advised. Discussion on a time schedule followed. The next meeting concerning this item was set for November 5, 1980. Amendment to Fred Green appeared and introduced Jim Bailey, attorney for the Eaqle-Vail Metropolitan District Service Eagle -Vail Plan. Metro Dist. Mr. Bailey explained the purpose of the amendment showed proof of publication and the certificate of .Service Plan mailing for.the notification of the hearing. Mr. Green stated the history of the Eagle -Vail Metropolitan District and dissolution of the Park & Recreation District, wherein the Metropolitan District will assume duties and responsibilities of the prior Districts. Mr. Green gave reasons for combining the two districts. Proceedings of the Board of County Commissioners 28th day October term 19 80 19 Debt of the District and bonds to retire the debt was discussed. Assurance that the present mill levy of 4 mills would not increase and additional benefits for homeowners in the District were explained by Mr. Green. Tom Boni, Assistant Planning Director, advised the Staff recommended approval of the proposal of the amended Metropolitan District Service Plan. Mr. Bailey presented a Resolution and reviewed it with the Board. He explained the statutes of finding and requested the Board move to approve the Resolution with the condition the Voters of the District approve the dissolution, oflthe Recreation District. Commissioner Williams moved the Resolution for the Board of County Commissioners in regards to dissolu- tion of the.Eagle Valley Metropolitan, Recreation and Park District and the amended -service plan for Eagle Valley Metropolitan District be approved to allo!•, the voters to vote on -that issue. Commis'ibner Troxel seconded the motion and the Chairman declared the vote unanimous. Administrative matters brought to the Board's attention were as follows: Chairman Grant advised all items are completed to specifications on the Hornbaker Subdivision and the Hornbaker applicants are requesting release of their collateral. Subdivision Commissioner Williams moved the collateral on the Hornbaker Subdivision be released. Commissioner Troxel'seconded the motion and the Chairman declared the vote unanimous. Chairman Grant advised the Board had received a Resolution for deletion of the plat restriction for the Resolution final plat of Sierra Condominiums. The County Attorney had advised she is in receipt of a $2,60n.00 letter of credit as approved by the Board. Commissioner Troxel moved to sign the Resolution. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Abatement: Chairman Grant advised the next item was a petition for abatement from Jose F. and Dana Cordova. The Cordova reason for the abatement is the mobile home burned on October 3, 1979. The abated tax would be $18.07. The County Assessor recommended' -the abatement be allowed. Commissioner Troxel moved the abatement be allowed. Commissioner Wil Iiams seconded the motion. and the Chairman declared the vote unanimous. Chairman Grant advised the next item was the contract for Hearst Construction for the completion of the Lake Creek Road Lake Creek Road. Commissioner Williams moved the contract be sinned. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. The next item needing the Board's attention was a Ouit Claim Deed to John L. Martinez in respect to the public sale made to him. Commissioner Williams moved the Board sign the Ouit Claim Deed for John Martinez. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Chairman Grant advised the Board had been presented with a statement of clarification for Brett Ranch considering it as one parcel for zoning and subdivision purposes. Commissioner Troxel moved the statement of clarification Resolution for Brett Ranch be signed by the Board. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved to approve and sign the Resource Recovery Feasibility Study Contract and make the necessary changes in all copies. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel moved to execute the Public Health Nurse Contract. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Chairman Grant advised the next item on the agenda was the vacation of Highway #4. John McGowan stated the County Attorney had advised him the vacation of Highway #4 would have to be brought before the Board of County Commissioners as it was deeded to the County. He presented maps of the area as explanation of the request. Chairman Grant read a letter from C. Craig Folson, adjacent property owner, stating he has no objection to the vacation of this County road. Mel Atwell, County Engineer, presented maps of the State Highway right-of-way for Highway 6. Mr. Atwell advised he had spoken to Mr. Dunn, State Highway Dept., who had stated when the richt-of-way was acquired for Highway 6 the portions that were already in the public domain were not acquired by the State. If the section which is within the State:_ right-of-way at this time is vacated it may become a private strip across the highway. If the applicant wishes to find out precisely how the Highway Department acquired the riqht-of-way the State would have no problem with this item. Commissioner Williams moved the vacation of the County road Highway # 4 be approved with the condition the County Engineer is satisfied the vacation isnot adversly effectinn existing right-of-way Highway F. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. 1980. There being no further business to come before the Board the meeting was adjourned until October 2.9, Chairman Attest: erk to the Boar " John L. Martinez Brett Ranch Resource Recovery Public Health Nurse Contract Hiqhwav #4 vacation Proceedings of the Board of County Commissioners 2.9- h—day____ac_taber tern 19-m_ Present: Dale Grant Dan Williams Kieth Troxel Tom Boni SPECIAL MEETING Chairman Commissioner Commissioner AsstsPlanning Director Jim Williams Susan Vauchn Linda Hatton Mary Merkling Zoning Inspector Planner Secretary to the Clerk to the Board C.S.R. This being the day set aside for planning matters to be heard, the following items were presented. Zs -51-78 Susan Vaughn, Planner, advised the first item to be heard was an amendment to the SUP for Two Rivers Two Rivers Investments Company and the State Department of Highways. Investments/ On April 10, 1978 this gravel pit SUP was before the Board. The application specifically states this Dept. of SUP was for the purpose of extracting materials for roadway construction between the Eagle area and the west Highways end of Eagle County. Ms. Vaughn advised during the discussion that day the owners, Bill Stevens and Two Rivers Investment Zc-135-80 Company requested to be allowed to have retail sales from the property. They felt it was too restricted for Westwood at V. the gravel pit to be operated for Highway Department use only. Vail Ms. Vaughn read the Planning Commission recommendations of approval for State Highway use only. Ms. Vaughn presented an amendment which states the original permit is amended to clarify the County Commissioner's original intent. Two Rivers Investment Company is added as a co -applicant for the purpose of allowing use of the gravel pit, asphalt plant, and/or premix plant to provide materials for retail sales with no restrictions as to the area of sales or eventual use of the materials. The second condition of the five year review remains. Commissioner Williams moved to accept the amendment in 7c-51-78 to clarify the order of the Board. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Subdivision Tom Boni, Assistant Planning Director, advised on October 14, 1980 the County Commissioners approved Regulations the amendments to the Zoning Regulations.and the Subdivision.Regulations. Mr. Boni presented the Resolution drawn up by the County Attorney forr•the Board's signature. Chairman Grant advised the amendments would become effective immediatly. Commissioner Troxel advised there may be a-prbblem with applications that are already in the process. These applications should be exempted. Mr. Boni advised it has been the Staff's policy that applications submitted after November 1, 1980 will comply with the amended regulations. Commissioner Troxel moved the Board sign the Resolution re -adopting and amending the Subdivision Regulations of the County of Eagle as amended. Commissioner Williams seconded the motion and the vote was declared unanimous ,bv the Chairman. Zoning Resolution Commissioner Williams moved the Resolution re -adopting and amending the Zoninq Resolution of Eagle County as amended be signed. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Zc-135-80 Request: Zone change from Resource to Residential Suburban Medium Density Westwood at V. -:Location: Lots 16, 19, 21 in NWa, Section 14, T5S, R81V Vail Susan Vaughn, Planner, advised the first item on the agenda was a request for a zone change from Resour to Residential Suburban Medium Density. This item was tabled from September 24, 1980. The applicants are now requesting to change their application from RSM to RSL. As the application cannot be changed the Board must take action on this application. Ms. Vaughn stated the Staff recommended this application be denied and the applicant submit a new application. Chairman Grant requested comments from the floor. Mike Phillips stated the applicant should not be allowed to do this project because of the poor access. Mark Wilt, resident of West Vail, advised the traffic in that area is at a maximum now. He requested the Commissioners listen to views of all the people in the area. He does not feel the area could even toerate a low density project. Jim Reuben, representing the Town of Vail, stated the town of Vail is opposed to the project. Karen Schiedegger stated she is opposed to the project as it would add to the density problems already existing. She presented a letter from Connie and Richard Thomas opposing the project. Gary Hall discussed the width of the existing roads. He advised he supports the other residents in - their feelings of opposition. Ann Stevens stated she is opposed to the development as she does not feel it is feasible. Ingrid Turnball advised she is concerned about the wildlife in the area. Commissioner Williams moved Zc-135-80 Westwood at Vail be denied as it is inconsistant with the Goals & Objectives of the Master Plan specifically in general is states the objective is preservation of the current County lifestyle as characterixed by the close association with the natural attributes of the County and community. Specifically under 10.03.04 of the Zoning Resolution is should be denied under item (a) as it is_inconsistant with the Master Plan. The applicant has not demonstrated a need as identified in the Master Plan. Under item (d) there are social and physiological conditions that are incomputable with this zone change. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Se -230-80 Request: To legalize a parcel of land with existing house Pearl Peterson Location: Parcel of land in Lot 4, Section 6, T5S, R8214 near Edwards Exemption Tom Boni, Assistant Planning Director, advised the next item was the Pearl Peterson Exemption. He pointed out the location on the plat. Mr. Boni advised on September 24, 1980 the Board tabled this item so representatives could be present to answer questions the Board had. One question, in particular, was why the other parcels in the area were not included in the request. The Planning-:Commission,.had, prior to this meeting, recommended approval with a 50' streamside setback. The Staff also recommends approval. Commissioner Williams advised as this applicant does not own the adjoining parcels he cannot be responsible for correcting the illegal parcels. Commissioner Troxel moved Se -230-80 be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Zs -127-80 Request: Special Use Permit to park motor home as employee housing and security Gerald Dillon Location: Skelly Station at Edwards Susan Vaughn, Planner, advised the next item was a request by Gerald Dillon to place a motor home at the Skelly Station in Edwards. As this is a commercial zone a SUP is required. Proceedings of the Board of County Commissioners 29th day October term 19 eo The Planning Commission recommended approval of this application with the following conditions: 1. Before the permit is granted all junked cars and wrecked cars must be removed from the site and not be allowed to accumulate there 2. There should be an annual review of the permit 3. The unit should be a camper trailor or motor home rather than a mobile home 4. The use should be for secuiry purposes only, and if the service station begins to operate on a 24 hour per day basis, the permit should be cancelled. Mr. Boni stated the Staff's concern is the appearance of the parcel. This is a truck stop so a camper would be more appropriate. Dean Stewart stated he cannot see the differnece of whether the station is open for 24 hours per day. He does not know how to dispose of the junked cars because they have no titles. The junk yards will not take them with no paper work. Commissioner Troxel advised if the salvage yard takes the cars they -can do the paper work on them. They are probally older cars that are not very salvagable. Mr. Stewart advised he had contacted several salvage yards and none of them would take the cars. Ms. Vaughn advised the Staff recommended approval of this item. The Staff believes allowing dwelling units in a commercial area is good for the employee housing and security. Commissioner Williams moved Zs -127-80 be approved with the following conditions: 1. annual review 2. within a 90 day period the existing junk cars will be removed from the premises 3. allow a maximum of one dwelling unit for security purposes for employees or owner only. Commissioner Troxel seconded the motion and the vote was declared unanimous by the Chairman. Commissioner Williams moved to direct Staff to write to Mr. Seago, Eagle Wrecking Service, indicating he had mentioned to the Board in a public hearing that he was in the business of removing junk cars and the Board would encourage him to follow through on his commitment. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: To make changes to the plat of Beaver Creek Subdivision Location: Fourth Filing, Block 2, Tract A Tom Boni, Assistant Planning Director, advised the next item on the agenda was Beaver Creek First Amendment to the 4th Filing. This application requests a revision of a lot line in Tract A. Because of a more detailed design work by the purchaser of Lot 3, they would request the original lot line be moved to the left. Roxanne Belmont, representing Beaver Creek, explained the request. Mr. Boni advised the Planning Commission recommended approval of this project. The Staff also fnn recommended approval. Commissioner Williams moved Su -100-80-F8 be approved. Chairman Grant seconded the motion; the vote was declared unanimous of the two voting. Commissioner Troxel abstained_ as he was not present during the discussion. Request: Review of Final Plat of Buildings D and E Location: Meadow Creek Subdivision, north and east of Vail Intermountain Tom Boni, Assistant Planning Director, advised the next item on the agenda was the Meadow Creek Final Plat Phase III. On July 26, 1978 the Board approved the preliminary plan for this project. Subsequent to this the .. developer has proceeded on a phase basis with the construction of the project. Mr. Boni pointed out the location of the project. Mr. Boni read a letter concerning the approval of the preliminary plan including four conditions: 1. submittal of a plan for improvements of Lupine, Larkspur and Basingdale intersections. 2. Designation of a children's play area 3. Submittal of drainage figures indicating adequate percolation area 4. Plat restriction which requires individual soils studies prior to issuance of building permits. The pertinent point is the Board mentioned that prior to the Certificate of Occupancy being issued for the lower condominiums the new bridge over Gore Creek and the road be completed. The Staff recommends approval of this final plat. Commissioner Williams stated there have been concerns of occupancy before final approval. Carl Dietz, developer, explained they have temporary certificates of occupancy. Commissioner Williams stated something should be done between now and the final approval of the road and bridge to insure all of the units are not occupied previous to the completion of the road and bridge. Mr. Boni advised the Planning Commission and the Staff recommend approval of this project. The Board directed the Staff to reiterate the letter listing the conditions of the Certificate of Occupancy. Commissioner Troxel moved Sf-98-80 be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: Review of Final Plat of 4 duplex lots (8dwelling units) Location: Part of Parcel A. Lion's Ridge Subdivision #2 Tom Boni, Assistant Planning Director, advised the next item was the Valley Phase V. This item concerns the Valley PUD. He pointed out the access for the project off the north Frontage Road. Discussion followed on the presented drawings of the garages for parking off the steep access. Mel Atwell, County Engineer, had revi,ewed the construction drawings and feels they are of"insufficient detail for cost evaluation and inspection. Mr. Boni advised the Staff recommended tabling this item to allow the details to be submitted and approved by the County Engineer. Mr. Boni read the Planning Commission recommendations of approval with the following included: 1. 6 foot shoulders on Buffer Creek Road 2. Escrow of funds for off-site impacts 3. School Land Dedication Bill Post, applicant, submitted to the Board a Power of Attorney, PUD plan, Declaration of Covenants, Subdivision Improvements Agreement secured by a promissory note and Deed of Trust, and an executed release of Deed of Trust from a previous Deed of Trust. He also submitted a letter of formula concerning the School Land Dedication and a check in the amount of $105.00 for off-site impacts. Commissioner Williams asked if the Staff has received a letter from the School District concerning School Land Dedication. He feels the Board of Education may take a more active part in development in the future. Commissioner Williams suggested directing Staff,�'from this point forward, to make sure there is a letter from the School District stating they agree with the amount and they did not want land.: Mr. Post addressed the 6 foot shoulders and the problems the County Engineer has concerning this project. He advised there has been $20,000.00 collateral on the road cuts for the addition of six foot shoulder and approximately 350 feet of gabion wall. Mr. Post stated if he had been aware of the County Engineer's concerns of the drawings prior to this hearing he would have addressed them. Mr. Boni advised from the planning end all requirements have been carried forward into the final plat stage. 19 Su -100-80-F8 Beaver Creek 1st Amendment to the 4th Filing Sf-98-80 Meadow Creek Phase III Su -114-80-F2 Valley Phase V Proceedings of the Board of County Commissioners 29th day October term 1980 Mr. Post discussed the road cut permit. Mr. Atwell stated he sees no reason this improvement on a public right-of-way should be any different than other new construction or public improvements. The plan should be specifically defined as to County standards . He feels the public improvements should be included in the Subdivision Improvements Agreement to be collaterilized to insure it is done. Mr. Post advised before they can obtain a road cut permit everything will have to be approved at the County specifications. He feels the $20,000.00 lot for collateral is adequate. Mr. Atwell advised the applicant will have to have approval of the wall and the improvements before building permits may be issued. He stated if the applicants wish to submit the standards to which those public improvements are going to be built it would be acceptable -or the County Fnqineer could give them what he feels are County standards. The standards should be defined now and not later. Mr. Post stated if the County Engineer could state the requirements needed on the 6 foot shoulders and the retaining wall that is the way it will be built. Commissioner Troxel stated he does not feel this is fair as the applicant was not given prior warnino of the design criteria on the wall. But he does not want to conditionally approve the final plat. Commissioner Troxel suggested the applicant and the County Engineer meet today and arrive at an under- standing. Once this is established the Board can reach a conclusion. Commissioner Troxel moved to continue this item until 11:30 thi-s morning. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Se -232-80 Request: To legalize .4179 acres (18,204 square feet) Hackman Location: Lot 2 Block 9 Vail Intermountain Subdivision Exemption and Jim 10 1liams, Zoning Inspector, advised the next item was the Hackman Fxemption and variance. He pointed Variance out the location of the property in question. John Dunn, attorney representing Mr. Hackman, advised the applicant is requesting a variance from the Subdivision Regulations to allow the construction of a single family dwelling on the remaining portion of what was originally Lot 2. The problem is there is a duplex located partially upon the lot line. Mr. Dunn stated at the time of the construction of the duplex the County Building permit requirements were in effect so the matter should have been resolved at that time. Mr. Dunn advised the purpose of the application for the exemption is to allow the applicants to move the lot line so it is not under the duplex. He feels there is sufficient acreage for a single family dwelling on the remaining lot. Mr. Dunn stated the request at this time is the application for variance or exemption be allowed subject to submission of an adequate plat and execution of all persons holding an interest in that property. Jim Williams read a letter from the Planning Commission recommendinn approval. The Staff contends this is a matter other than for the County to take care of and they recommend denial of the variance. Mr. Hackman advised it would behoove the other property owners to have the lot lines as they also have no legal lot lines. Ken Long, Johnson and KunkelSurveying, explained how the three lots were formed by a meets and bounds description. Commissioner Troxwl advised the reason he would like to legalize this lot is there are already three lots '., created by the meets and bounds:. Commissioner Troxel moved Se -232-80 be approved conditional upon the adjacent property owners formalizing a legal document certifying they are qware of the channing of the lot line and they concur. This will be incorporated into the final plat.document of that particular lot. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Sm -202-80 Request: To split a fourplex J. Eric Roupp Location: Lot 52, Block 1 Eagle -Vail #2 Jim Williams, Zoning Inspector, advised the next item was the J. Eric Roupp Minor Subdivision. Commissioner Williams moved Sm -202-80 be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Sm -206-80 Request: Split of a duplex Clarke Duplex Location: Lot 19, Blcok 4, Eagle -Vail #2 Jim Williams, Zoning Inspector, advised the next item was the Clarke Duplex Minor Subdivision. Commissioner Williams moved Sm -206-80 be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Sm -205-80 Request: Review of legalizing two existing lots Helmich Minor Location: Approximately 4 miles east of Basalt, north of County Road, and immediately south and adjacent to Subdivision Seven Castles Estate Tom Boni, Assistant Planning Director, advised the next item was the Helmich Minor Subdivision. The request is for the legalization of two lots in the Seven Castles region. The road in the area is a substandard road. There is a note on the face of the plat stating the road is not County maintained and is substandard. Mr. Boni advised the County has the option to do something to the roadway or leave it with the plat note. Mr. Boni read the application for the minor subdivision. Commissioner Troxel questioned who owns the road into the parcels. Mr. Boni stated it was either the subdivider or :.the Homeowners Association. The Staff recommended approval as the Brooks situation, which was very similar, was approved. The Planning Commission recommended approval of this item. Commissioner Troxel advised his only problem with the project is the access to the property. He does not feel the Board should legalize parcels unless the owner has the legal right to the access. Susan Vaughn, Planner, advised the road is a public dedicated road. Commissioner Troxel moved Sm -205-80 be approved with a plat note stating the road is not a County road and the County would never consider accepting it until it is brought up to County standards. Mr. Boni read the existing plat note. The Board concurred it was sufficient. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Sm -142-80-S Request: Sketch plan review of 17 homesites and 117 acres Brett Ranch Location: Section 6, T%S, R82W, parcels north , south and east and west of Highway 6 bridge over Lake Creek Tom Boni, Assistant Planning Director, advised the next item was the Brett Ranch sketch plan. Steve Isom, applicant, advised after they received their zoning for Rural Residential they revised the sketch plan to its present form with 17 lots. The Planning Commission recommended they proceed to preliminary plan. - Mr. Isom pointed out the changes made and discussed the sewer]inein regards to the reservoir. Mr. Boni read the Staff's concerns on the original plan. The Staff feels this is a good plan. The only problem is they feel the access off Lot 7 should be addressed. Mr. Boni advised the one comment the Planning Commission made pretained to the potential contract with the County for purchase of the:land south of Highway 6. The previous application had offered to dedicate this land tor: the Division of Wildlife. Proceedings of the Board of County Commissioners 29th day October tern 19_10_ Mr. Isom requested to be allowed to have a private driveway off Highway 6 for 3 lots. They have spoken with the Highway Department and they have no objections. Commissioner Williams stated in regards to the road and the access point on to the adjoining property the buyers should know it may or may not serve as access to the adjoining property. Mr. Boni read a letter from the School District requesting a dedication of 1/3 of an acre from the Brett Ranch subdivision. Discussion followed on the land dedication or cash in lieu of. Commissioner Williams suggested a letter be received in regards to the payment before final approval. The Board thanked Mr. Isom for appearing. Bill Post returned at this time with changes on his map in regards to engineering showing the gabion wall and the road shoulders. Mr. Atwell stated he is satisfied the project is sufficiently collaterized. Mr. Boni advised the Staff recommended approval of this project. Commissioner Troxel moved Su -114-80-F2 be approved with the necessary corrections and initialing being made on the Subdivision Improvements Agreement which Mr. Post has stated in testimony has been done. Mr. Post read the Subdivision Improvements Agreement. Commissioner Williams seconded the motion and in discussion on the matter advised the School District a check is in this submittal for the School Land Dedication. The Chairman declared the vote unanimous. Susan Vaughn, Planner, advised the next tiem on the agenda was a review of the American quasar SUP. This SUP was granted July 9, 1979 to drill a test oil well.and:'includes an annual review clause. Pts. Vaughn advised notice was sent to American Quasar that the SUP was due for review. American Quasar did not respond to the notice. The County Attorney had suggested having; a hearing today to determine if the permit should be revoked. Commissioner Williams moved to continue this item until the end of the agenda. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. 19 Request: Preliminary plan review of 232 dwelling units on 26 acres Location: Tracts G. J and K of Eagle -Vail #,1, adjacent to high school Susan Vaughn, Planner, advised the next item on the agenda was the Stone Creek Meadows preliminary plan. Ken Wentworth, architect of Stone Creek Meadows, pointed out on the map the location of the project. He discussed the park and amenities and gave a basic background of the project. Ton Boni, Assistant Planning Director, advised on Aunust 6, 1980 the Planning Commission recommended approval of 232 dwelling units on tracts G,J, & K of Eanle-Vail #1. The Commission did express concern with access between the school parking lot and the eastern edge of the project. A berm and landscaping would provide a solution to this problem. Mr. Boni advised there were originally 250 units planned for this site. The Staff did not consider the aspect of density when they reviewed this project. One remaining point of difference between the developer and the Planning Staff concerns the access onto the project. The access in front of Mountain Terrace should be realigned. The access between the tennis courts and the Cornerstone Condominiums should be restriicted for Cornerstone access only. Mr. Wentworth explained the road system and parking structure. He advised their alternative would be a double road system.' He believes a double road system is unnecessary. Dick Bailey explained the Cornerstone parking structure and the visibility of the road. Ed Keller, School District, asked how the parking lot was going to be seperated from the road. Mr. Wentworth advised it would be graded so as not to have access into the School District property. Mr. Boni advised the County Engineer had reviewed this preliminary plan. Mr. Atwell reviewed the alternative alignment and felt it was not a good design and recommended it be palced further to the west. Mr. Boni read the Board's comments from the Play 28, 1980 sketch plan meeting: 1. re-evaluate access between tennis courts and Cornerstone. 2. Acceleration lanes 3. Traffic volumes should be calculated. Commissioner Troxel advised 2 out of 3 members of the Board concurred there would be that type of zoning on that property. This has been a well prepared project but he feels the access on the west end of the project is going to be a problem. Commissioner Troxel moved Su -140-80-P be approved and sent on to preliminary plan with the following notation;. 1. Some type of traffic count be devised for the west entrance and if it is shown to be a high traffic count: in that area the applicant must make a different plan to make it a better product. Commissioner Williams would not second the motion as the plan is now at preliminary stave and the plan to final plat stage needs to be very definite. Commissioner Troxel amended his motion to state if a traffic count is made of that particular road and is an excessive traffic count determined by the Engineer to be a hazard from the impact off the other proposed projects it should not be an access point.. Or it should be restricted so as not to impede the traffic flow on the major artery of the road out of Eagle -Vail. Discussion followed on the traffic and access problems. Commissioner Troxel withdrew his motion. Mr. Bailey explained the inconveniance of entering through the Cornerstone entrance. Chairman Grant questioned if there would be accelleration and decelleration lanes at.the double access. Mr. Bailey agreed this could be done. Commissioner Williams asked the Staff if the other condominium owners were aware there would be future development. Commissioner Williams suggested tabling this item to allow the Staff,.Engineer, and applicant to re -address the sketch plan criteria that was set forth. r Commissioner Williams moved Stone Creek Meadows Su -140-80-P be tabled for a period of 30 days until the next planning meeting in November. Mr. Bailey asked if the Board would be comfortable if the applicant complied with Staff's recommendation that Stone Creek Meadows not be allowed to use the west entrance. Mr. Bailey advised he is willing to commit today to eliminate the traffic on the west road. Commissioner Williams withdrew his motion. Commissioner Williams moved Su -140-80-P be approved with no access from this project through Cornerstone easement. Accelleration and decelleration lanes be provided at the south entrance and as identified on the preliminary plan at the north entrance. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Su -114-80-F2 The Valley Phase V ican Quasar Su -140-80-P Stone Creek ti Proceedings of the Board of County Commissioners 29th day October term 19 80 17 �. 19— Su-141-80-S Request: Second review of a PUD. Board of County Commissioners sent this back to the Plannina Commission. Homestead - This is a revision of the Sketch Plan Warner Prop. Location: Edwards area Chairman Grant advised the next item on the agenda was the Homestead. He called for a motion to appoin John Dunn as the County Attorney for this hearing. Commissioner Williams moved to appoint John Dunn as County Attorney for this hearing. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Tom Boni, Assistant Planning Director, advised the next item was the Homestead. This item was brought before the Board previoulsy and sent back to the Planning Commission with specific instructions for changes. The item to be heard today is the revised plan including the Board's instructions. Robert Warner, applicant, advised they are before the Board today with 'a revised sketch plan to address certian points which the County Commissioners requested previously.. He pointed out the location of the project. Mr. Warner advised the revised plan has no development access off Lake Creek Road. He feels the concern of adjacent property owners have been addressed. Mr. Warner stated the events that led to this hearing. The original proposal was for a PUD of 1,400 units with approximately 2 units per acre. Since that time there was a formal pre -application hearing at which time the proposal was for 1000 units. The Board advised the applicants to proceed with a PUD method. Steve Isom presented an overlay of design of the Edwards area. He advised Warner Properties had met with property owners and developers in the Edwards area and hired i -plan to do a conceptual Master Plan of the Edwards area. The items of the concept of the area are: 1. Locate the Town center, the peripheral services around the town center, the higher density residentia and commercial and then step it out to a multi -family medium and low density and eventually into a low density residential area 2. View of Lake Creek Valley from I-70 corridor Mr. Isom discussed the roads -and the densities. Tim Driese presented studies on the topography of thearea on I-70, Highway 6, and Lake Creek Road. Mr. Warner reviewed with the Board the plan submitted in June, 1980. Amendments to the PUD application were entered into the record as Exhibit "T". Dennis Galvin presented the revised plan. The revised concept Master Plan was submitted as Exhibit "U". Mr. Galvin reviewed each item and changes the Commissioners had requested. An area map showing the Edwards Community area on which the applicant depicted some hypothetical standar zoning areas was entered as Exhibit "V". Exhibit "W", a similiar map showing the entire Edwards area, was entered into the record. Mr. Galvin discussed the density of other Projects in the area. He advised using 298 net developable acres with a density of 2.2 units per acre they arrived at 655 units as an appropriate density. This is a simil.iar density to other P1lanned Unit Developements in the area. Mr. Galvin reviewed each parcel with designated zoning and number of units on each one with a total of 655 units. Discussion followed on the revised recreational ameniaies. Mr. GAlvin discussed the concerns of off-site impacts to the roads. He advised they had hired a traffic engineer and gave a report of the conclusions. The Edwards Interchange Study was submitted as Exhibit "X". This exhibit is drawings showing three different views: 1. the existing road 2. improvements on the road 3. the raod after development occurs Population projections were discussed. Mr. Warner discussed the conversation with the Highway Engineer on an emergency exit. One tract of land is open space with the option of the land being purchased by adjacent property owners with a "no -build" clause. Dick Byers, attorney for the project, presented the following exhibits: Exhibit "Y" - Plannina Commission Recommendations Exhibit "Z" - letter concerning the Board's specific instructions to theoPlanning Commission Exhibit "AA" - Housing Guidelines Mr. Byers gave a presentation on why the PUD application should be approved. Tom Mattio, resident of Edwards, requested to know exactly how the Homestead plans to acquire access from Highway 6 into the project. Mr. Warner advised they have a letter of approval from Mr. Calhoun and Mr. Dietz concerning the access. Mr. Mattio,advised he is purchasing Lot C-1 of the South Forty Subdivision. This property is not available and he will not allow a road on his Property. Mr. Boni advised the Staff had assumed a cross intersection would be at that location. At the meeting of October 15, 1980 the Planning Commission recommended approval of the sketch plan for a 536 mixed density project with the following suggestions: 1. A softball field be re -instated 2. Acre homesites be clustered 3. Entire acreage (681 acres) be included and designated area outside development as open space. The Staff recommended tabling the Homestead as: 1. The Master Plan speaks to development which is "aesthelically compatible with their rural setting". The southwest and southeast sections of this property are.highly visible and should be redesigned. 2. The issues of balanced growth has not been addressed in sufficient detail 3. The recreation facilities should be geared to the general community needs and include items such as ball fields, basketball courts, and tot lots. 4. Extnesive work will be necessary to make the South Forty road network capable of handling the increased traffic from the Homestead. Chuck Maloy pointed out items he felt were gross inconsistancies in the presentation in regards to density. Don Welch expressed his opinion about the project as being too dense. Chuck Betcher stated he is opposed to the project for numerous reasons that are on record from previous meetings. Mr. Warner stated the objections from these people are not enforcable due to the distance they live from the project. Mr. Galvin gave reasons for using the zoning of the area in population projections of the area. Chairman Grant stated two wrongs do not make a right. He agreed there have been some mistakes made on Berry Creek. He advised he does not take the Arrowhead project into consideration when considering the Homestead because of the change in the way the County is.now in relation to how it was when the Arrowhead project was approved. He had some concerns when he walked the area which he was never able to voice as he was not present at the next meeting after that. He has to take exceptions with claims that the visible impact is not a concern of prople travelling I-70. There seems to be differences of opinions on Highway 6 with the Highway Department. Mr. Galvin rebutted concerns of Chairman Grant on visual obstructions and traffic on Highway 6. Mr. Byers addressed the changes that have been made and gave reasons he feels the zoning is appropriate for this area. Commissioner Troxel questioned hoer the visual sensitive areas study was done. Proceedings of the Board of.County Commissioners 29th day October tens 19 90 19 Mr. Driese gave the computations. Commissioner Troxel questioned iif the applicant intends to follow the Planninn Commission recommendation or if they intend to proceed with the proposal t4 have the less acreage applied to the number of units. Mr. Galvin stated they proceeded with instructions from the Board. Commissioner Troxel asked if the applicants feel the density on the meadow is of a rural character. Mr. Galvin advised they relied on current regulations of one acre lots. They had difficulty in determining the definition of rural. Commissioner Troxel advised his main concern was the meadow. He does not feel one acre lots are a rural parcel. He still ,feels this application is the landmark of development, in renards to the visual impact, -on the New York Mountain Range. He believes the southwest meadow provides an excellent buffer to anv development in the lower bowls. It also presents a buffer for visual quality of anyone looking up the lrallev. If the southwest meadow can be brought into a rural character and Highway 6 impacts could be lessened he would not be particulary against anything_ else. The Planning Commissionsrecommendations in reaards to acreage should be acknowledged. Commissioner Troxel recommended this item be tabled until the things he suagested are done and then the matter be brought back before the Board. Commissioner Williams advised k5 on the letter of specific instructions from the Board requested the applicant to address the off-site impacts. He questioned if there was a meeting held on this matter. He questioned the traffic figures in the application. Mr. Warner discussed the traffic figures. Chairman Grant advised in his opinion the traffic in that area is getting comparitively close! to the traffic on Highway 82. Mr. Galvin advised the information in the application was based on information from the Highway Denartmen The information presented at this hearing was based on a meeting held after that in Grand Junction with Highway Department representatives. Mr. Boni summarized the meeting held in Grand Junction with Dave Campbell and Larry Abbott of the Highway Department. Commissioner Williams agreed there is a pattern merging around the Town Center of Edwards.which is based on the Master Plan. The Master Plan under general noals states it is the objective to preserve the current lifestyle. He feels there is a physical land feature and visual corridor that needs to be protected. Under balanced growth it speaks to land use in relation to overall development patterns to prevent inbalance in any particular sector. He does not feel the applicant has adequatly addressed that issue. Mr. Warner advised Exhibit "F" demonstrated the Countv need. If there was an inbalance it was the County's obligation to make the applicant aware of it previously. The applicants feel thev have addressed all of the concerns and fulfilled the Board's instructions. He advised if the Board had no intention of approving this project they should have made the applicants aware of it at the time. Commissioner Williams stated it was the County Attorney's opinion that Commissioner Williams' vote "no" would have given the final decision and the applicant would not have been Given due process. Commissioner stated he does not feel all of the concerns have been met. Mr. Byer questioned if Commissioner Williams' comments of the Homestead Plan beino inconsistant with the Master Plan is under a specific section of the ordinance. Commissioner Williams responded this item was applied under the Toning Resolution section 10.03.04. Mr. Warner discussed the current lifestyle in the Countv. Mr. Galvin advised only some residents have concerns of this project. Commissioner Williams should listen to all community interests. Mr. Byer aslked Cf item (d) was the only concern under section 10.03.04. Commissioner Williams advised the specific objective to regulate growth has not been addressed. Commissioner Troxel moved Su -141-80-S be tabled 30 days for the applicant to examine the concerns of the Staff in regards to the southwest meadow and the wording be the visual impacts of development on the upper southwest meadow be addressed and development of that meadow, if any, be of rural character. The applicant should address the continuing problem on Highway 6. The Board should make sure if the Highway Department will not make improvements to that road the applicant should take it into account and propose a phase plan of improvement on Highway 6 to insure the residents of the area have a sufficient road. All propertv owned by the applicant shall be included in one PUD apnlication. The prior application of 681 acres should be included in one PUD application and not split up. In discussion Commissioner Troxel advised the Board had given direction for the companv to proceed with aRPUD process and the intention of that was to have the total property developed into a community plan. Mr. Galvin advised there are three areas in the motion which could be handled during sketch plan and preliminiary plan. Commissioner Troxel gave his reasons for tabling the item as if the Board approves a sketch plan in a PUD and do not agree on the southwest meadow it may go to court anyway. He would prefer an agreement at sketch plan stage with a PUD application. Commissioner Williams seconded the motion and stated he feels the sketch plan is a philosophical point in time and excluding those acres and having time to table it to include those acres is part of, the philosophical judgement placed at sketch plan stage. Mr. Galvin requested specific direction on the word rural. They felt the presentation was in keening with the rural character of the area. Commissioner Troxel advised he cannot give specific answers- on the zoning as he is not a planner. Mr. Boni advised he would rather see a considerably smaller acre homesite with a larger provision of expanse of pasture. Commissioner Troxel stated his main concern is the visual effect of the corridor up Lake Creek should not be impaired by alot of density. Mr. Warner questioned what alot of density was. Chairman Grant feels it is dense enough if the other acreage is added back in and the Staff's recommenda- tions are satisfied on the visual impacts of the lower end. Commissioner Williams stated he concurs.with roads in and around the To* Center of Edwards because he voted for it on two different occasions. He felt the original application was far in excess of densities that were reminiscent of the realm of influence. The applicant has re -addressed it and he would feel relatively comfortable if it included the additional acreage. Commissioner Williams advised item 2 of the letter the Board sent stated the visual impacts of the development on the upper southwest meadow should be addressed on that development of the meadow, if any, be of a rural character. Mr. Warner summarized the motion as being the item would be tabled for 30 days with it being sent back to the Staff to consider: 1. the meadow land visual impacts 2. Highway 6 problems 3. applicants obtain letter from Highway Department 4. add the initial acreaae back in Commissioner Troxel concurred that was ther:motion. The vote was declared unanimous. Zs -90-79 American Quasar Proceedings of the Board of County Commissioners 29th day. October term fg 80 Chairman Grant advised due to the lateness of the hour the remaining items on the agenda should be continued until a later date. Commissioner Troxel moved the American n.uasar SUP be tabled for 30 days. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. The pre -application conference for Blue Grouse - Brush Creek and Eagle River Company and the Edwards Village Development Plan were continued until November 10, 1980. There being no further business to come before the Board the meeting was adjourned until November 3, 1 Attest: Clerk to the Boar Proceedings of the Board of County Commissioners 3rd` gay November term 19 8o Present: Dale Grant Dan Williams Keith Troxel Mick Kasher Chairman Commissioner Commissioner Administrative Assistant REGULAR MEETING Beth Whittier Johnnette Phillips Mary Merkling Countv Attorney Clerk to the Board C.S.R. This being the regualr meeting of the month approval of the minutes of'prior meetings of the Board of County Commissioners was the first item of business. Commissioner Williams moved the minutes of the September 23, September 24, October 6, and October 7 meetings be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous, Edwards Road vacation discussion was the following item on the agenda. Claude Gerard, Road Inspector, appeared with a map of the surveyed road in question. Mr. Gerard stated he did not know of any agreement that had been reached regarding the property owners and the vacation of the road. Beth Whittier, County Attorney, reminded the Board of discussion at previous meetings and stated two property owners could be land -locked if the road is vacated, Me. Atwell, County Engineer, had been directed to survey the road to determine an access to enable all property owners access. Jim Kemp, area property owner, explained his understanding of previous meetings and where the research stands. He advised the Board no meeting had been held and he understood there would be. Chet Rumunski, Edwards property owner, stated he believed this problem was to be resolved at this meeting. Commissioner Williams directed Mr. Gerard to be responsible for completion of the map he presented, from U.S. Highway 6 & 24, and including the section line. Mr. Kemp pointed out the present road is not suitable for proposed traffic if the upcoming zone chanqe of the Schmidt property is approved. Commissioner Williams moved the Edwards Road vacation be tabled and directed the County Attorney to send all interested parties notice of the next meeting. At this time the Board adjourned as the Board of County Commissioners and reconvened as the Local Liquor Licensing Authority. Beth Whittier, County Attorney, presented a request for a liquor license for a retail 3.2% beer license in the name of McLatch's Corner Store in Wolcott, Colorado. Patricia Latchaw, applicant, was sworn to testify by the Clerk to the Board. Mrs. Latchaw was questioned by the County Attorney concerning the request for the license. Ms. Whittier stated all papers were in order. Commissioner Troxel moved to grant the 3.2% liquor license. Commissioner Williams seconded the motion and the vote was declared unanimous. Johnnette Phillips, Clerk to the Board, presented the Colorado Water and River Conservation District budget to the Board for their review. It was noted the budget was for $670,840 and an excess mill levy request will be taken to the Department of Labor. Mrs. Phillips was directed to deliver the budget to the County Assessor, Administrative matters brought before the Board were as follows: Mick Kasher, Administrative Assistant, presented a letter from Jim Collins, Unper Eagle Valley Sanitation District, stating his concern of the proposed charge at the landfill for sludge increasing from $5.00 a cubic,;foot to $25.00 per cubic foot. Mr. Kasher advised this is only a proposal and has to be approved by the Board. The Board directed Mr. Kasher to contact Upper Eagle Valley Sanitation District and inform them the figures have not been finalized. 19— Tim Tunnell, Purchasing Agent, and Doug Pilcher, Road and Bridge Supervisor, appeared to discuss the John Deere trash compactor. Mr. Pildher advised the County purchased the John Deere trash compactor in February of 1980. At that time Mr. Pilcher felt the machine would meet the County's needs. Since the purchase of this compactor it has had a substantial amount of work done on it.to get it to function properly. It cannot move trash uphill. There have been problems with the tires and the down time on this machine is approximately 40%. Chairman Grant stated the County cannot have a piece of machinery that is down that much. Harry Gardner, sales manager of Pete Honnen Equipment Company in Grand Junction, presented 6 work order in the field and one in the shop. Mr. Gardner advised there was a study done on the machine before it was sold to the County. John Deere had done a study on the landfill using information supplied by the County. John Deere felt at that time they were furnishing a piece of equipment that would do the ,job. Mr. Gardner stated alot of the things done to the machine were maintenance items. He advised in regards to the tires it is a factory condition that the tires be checked for air pressure every day. Bob Campbell, Landfill Supervisor, stated the tires -are checked daily. It takes approximately 4 hours to repair each tire. Mike Murphy, John Deere sales representative, discussed the original concept of a compactor on a landfill.. He advised the machine is performing to its designed specifications. Mr. Pilcher advised he disagreed with Mr. Murphy. The machine will not push a load of any size or type up a hill. Discussion followed on items that may be causing the problem. Mr. Gardner asked Mr. Pilcher if he felt if the County purchased a larger or competetive brand compactor i.t,would be the only machine necessary. Mr. Pilcher stated it should be the only one needed. Chuck Lassen advised he was present at the time the County decided to purchase the machine. He discuss( the concerns Mr. Pilcher had voiced at the time. Mr. Gardner proposed supplying the County with a loader and taking the compactor back. Commissioner Troxel suggested having the Road and Bridge Department pursue an alternate source of compactor and trade. If this does not work the offer made by John Deere will be re-examined. Commissioner Williams advised in regards to Commissioner Troxel's recommendation the Board would like to see it happen as soon as possible. When Mr. Pilcher decides what to replace the compactor with he wants to know specifically what Mr. Pilcher expects it to do. Commissioner Williams advised the Board had received a letter from Mincer, Hartert, and Wilson dated II October 3, 1980. The letter was a request for assistance for Glenwood Industrial Rank of Glenwood Springs and Ernest and Evelyn Shue in obtaining an easement for a roadway from Colorado State Highway 131 to a 40 acre tract of property located approximately two miles south of McCoy, M1nutes Edwards Road Vacation Liquor License McLatch's Corner Store Colorado River plater Conservation District Upper Eanle Valley Sanitation District John Deere Trash Compactor Shue- Aquisition of Road i Proceedings of the Board.of County Commissioners-3rd—day November tern 19 80 Mr. Mincer presented the proposal to the Board. He advised the County would be released from any obligations Commissioner Williams moved Mr. Mincer, representing his client, and the County Attorney draw up an' agreement satisfactory to the County to allow them to procure right-of-way across Tract 50 School section State Land Board. Chairman Grant seconded the motion and the Chairman declared the vote unanimous of the two voting. Commissioner Williams suggested the agreement be covered with a bond or a letter of credit. Mr. Mincer advised at one time the County owned tract 49. When Eagle County sold the property in 1947 they reserved any gravel pits with this property. He requested the County consider releasing the title on that 'particular tract. Commissioner Williams advised if Mr. Pilcher has no problem with this the County Attorney may correct all the deeds regarding this. So. Scottsville Dave Smetana appeared in regards to the South Scottsville Plat restriction. Mr. Smetana advised there was a restriction stating no land could be transferred until the road is improved. This is a private road rather than a County road. Mr. Smetana advised they have a contract to sell one piece of property. They have a written bid from B & B Excavating stating the road improvements could be completed by November 15, 1980. Commissioner Williams asked if a Subdivision Improvements Agreement could be substituted for the plat restriction. Beth Whittier, County Attorney, advised she had spoken with the applicants previously and they had discussed substituting a cash deposit. The only problem she has with the Subdivision Improvements Agreement is the plat restriction. The improvements were supposed to be done by November 15, 1980 and the estimated cost of the work was 812,000.00. Mr. Smetana stated this was estimated by the County Engineer. Commissioner Williams moved a Resolution be drawn up to lift the Chris Eiben Scottsville plat restrictio and substitute as collateral for that Subdivision Improvements Agreement either cash, a letter of credit, or a cash bond.in the amount that is satisfactory to the County Engineer to cover the cost of that Subdivision Improvements Agreement. That Subdivision Improvements Agreement will be given an extended period of time not to exceed one year for those improvements to be completed. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. There being no further business to came before the Board the meeting was adjourned until November 7, 198 Attest: Clerk to the Board I' airman Proceedings of the Board of County Commissioners 7th day_ November term 19__8o Present: Dale Grant Dan Williams Keith Troxel Chairman Commissioner Commissioner SPECIAL MEETING Mick Kasher Johnnette Phillips Mary Merkling Administrative Asst. Clerk to the Board C.S.R. The following bills were examined, approved, and warrants ordered drawn on the proper funds for the same in full thereof: General Fund 19 - General Fund Payroll $ 110,515.13 Gregory Ervin Davis September 1980 wages 1,184.71 PESSS-Division of Employment FICA Taxes withheld 72.62 Tri -County Youth Council LEAA Grant - Sopris House 6,000.00 Ella F. Bindley Reimburse for Purchase of Appraisal book 14.75 Shelly's Office Supplies Supplies 14.86 Beth A. Whittier Travel Expenses 114.49 Colorado Assessor's Assn. Advance registrations fees 342.00 P.F.M. Inc Lodging and meals at Assessors school 718.50 Xerox Corporation Xerox copy useaae 1,283.05 Eve's Print Shop Invoice 1202 38.99 Colorado West Photography for coroner on death 32.80 Ray O'Herron Company Invoice 74140 54.53 Kier Laboratories Lab work on Chase & Starkey 75.00 Basalt 66 Service Services: 126.77 Swifty the Instant Printer Office Stationary for Sheriff Dept. 165.25 City Market, Inc Store 11 Batteries for investigation 10.80 Phillips Petroleum Company Gasoline charges for patrol cars 47.95 Swallow Oil Company Invoice 06874 431.52 Civil Division -Arapahoe County Civil Service on Kevin Chase 8.94 Greater Eagle Fire Protection Dist. Sept. billing for 911 emergency number 8.30 Larry McLaughlin Travel Expenses 5.65 Sir Speedy Instant Printing Invoice 7867 54.46 Eagle Salvage and Repair 1 altenator and regulator - Sheriff Dept 100.00 Rockies Cafe Invoice 14086 70.62 Tobias Wades Dinner during escape 36.75 Eagle Auto Parts Bus Freinht 4.05 'Starr Doll, Refistrar Ceritified copy of death certificate 2.00 Hubert N. Peterson Lodaina, meals, and mileane durina_ seminar 375.05 Rio Grande Motor Way Freinht bill 16.54 Eagle Valley Conoco Keys made for Sheriff's Dent 4.74 American Target Company Supplies for Jail 62.00 Basalt Drug Co Supplies 2.0.55 Beasley's Super Foods Food bill for jail 584.32 Eagle -Vail Linen Linen and towel service - Jail 176.11 The Highsmith Co Invoice F-29288 80.12 Glenwood Medical Assn Medical services for jail prisoners 87.80 Charles H. Martschinske, Sheriff Prisoner Board fees 270.00 Vail Mountain Medical Emergency service for prisoner 40.00 D.J. Mac Donald Reimbursement of purchase of buo sprav 11.66 Pastime Sporting Goods Food supplies durinn search 37.80 Eagle Volunteer Fire Department Garane rent 75.00 Commercial Office Products Office supplies 306.01 Bancroft -Whitney Invoice 1708002 22.95 Office of the District Attorney Pavroll and expenses for November 5,891.58 Weed Society of America 2 books for County extension office 9.50 Marla Ashland commission for Coca-Cola sponsorship in Fair 300.00'. Katy Floyd Travel and misc. expense durino- fair 193.05', Tashiro and Maas Promotion and logo for County fair 14,635.78 Northwest CCOG Payment for water salinity study 15,000.00 Eagle Computer Systems Invoice 1080.01 163.90 Animal Control Reimburse netty cash 9.84J Daniel Jones, D.V.M. Invoices 2454 and 2.393 518.681 Western Auto Associate Store Invoice 0783 7.47 Eagle County Treasurer pas consumption by various Departments 888.68 Budkeye Gas Products Propane for animal shelter 113.60 First Bank of Eagle County Payment on Jeep pick-up - Animal Control 205.68 Alpine Animal Hospital Invoice 04508 8.00 Roto Rooter Service Clean out floor drains 60:00 Jean Green Phone calls for Animal control 14.42 Mountain Bell September billing 113.91 Upper Eagle Valley Sanitation Dist water and sewer for animal shelter 118.11 Paradise Kennels & Feed Co Dog pound fee 503.00 Prentice Hall Book Invoice 228026826393 40.40 John A. Graves Reimbursement on freight charges 15.30 Business & Office Systems Xerox copy paper supply 239.10 Coca-Cola Bottlina Company 4 cases pop 26.00 Eagle Valley Enterprise Classified ads and public notices 203.27 Pitney Bowes Postane meter rental 78.00 Denver Post Reouest for bid, job classification 76.80 Vail Trail Hant ads 20.70 Division of Labor Boiler Inspection 45.00 Lanyon Plumbing and Heating Boiler renairs at Castle Peak, Plumbina in jail 827.94 Randustrial Corporation Invoice 268589 1,071.31 Johnson, Kunkel & Associates Plat checking job 225.93 Mountain Engineering and Land Plat checks for Sept. 200.00 Coloraodo Mountain College tuition fees for Planning Dept 63.00 The Meating Place Meal for Planning Commission meetinn 27.19 International Business Machines Lease and service agreements payments 790.82 Top Drawer Office Supplies Supplies 790.14 First Bank of Eagle County Loan payment 653.38 Ed Hammer, Inspector Electrical inspection 2,277.38 Proceedings of the Board of County Commissioners 7th day November term 19 80 19 - Design Press The Printery at Vail Eagle Electric Eagle County Treasurer Boise Cascade Buckeye Gas Products Collett Enterprises Supplies Unlimited Pete Honnen Equipment Louise B. MacNeill Computer Election Systems James L. Midyett, C.S.R. Dave Cochran PESSS-Division of Employment Rocky Mountain Life Insurance Blue Cross/Blue Shield Top Drawer Office Supplies Shell'sy Office Supplies C.F. Hoeckel Eagle Computer Services Ella F. Bindley Gary P. Sheilds Roberta Woods Stuart Stasky Ruth Shelton Genny Jo Caruthers Eagle County Treasurer Basalt County Clerk Office 3-M Business Products Sales Johnnette Phillips Marianne J. Bolt Eagle County Clerk and Recorder Starr Doll, Registrar Mary J. Merkling Aspen Reporting Service Dale F. Grant W. Keith Troxel Dan Williams Northwest CCOG Dan Sparkman Ben Galloway, M.D. Donna Meineke Standard Recap Co Colorado District Attorneys Council Public REcords Corp. Beth A. Whittier Prentice Hall, Inc Johnson & Kunkel Nasco West, Inc Jack D'Orio Rio Grande Western Union Telegram Co Allen Insurance Agnecy Rocky Mountain Natural Gas Daniel Jones, D.V.M. Jefferson Bank and Trust First Bank of Eagle County Mountain Bell Alpine Animal Hospital Eagle Valley Glass & Mirror Holland Auto Parts Eagle Valley Conoco Thomas Jeffries Eagle County Treasurer Collett Enterprises Boise Cascade Visible Computer Supply Eagle Pharmacy John Wiley & Sons Kay Rautio, R.N.M.S. Carole Ann Beck, RPT Eagle County Nursing Service Eagle County Nursing Service Eagle County Nursing Service Netti Reynolds Margie Gates Hazel Higgins Cecilia Schmidt Helen Molcsan Jane Merritt Patricia McCollum EPSDT Sarah Schipper Jane Merritt Vail Valley Medical Center Tri -County Youth Council Coca-Cola Bottling Co Business and Office Systems Butler Paper Employers Unity Eagle Valley Enterprise Denver Post Glenwood Post Buckeye Gas Eagle County Trash Co Ins pectionr:r@nuest forms bldg Dept. County Business cards Electrical,:work for computer terminal County useage of motor pool cars Supplies 63 gallons of propane for landfill Gas, oil, repairs, tires funnel for landfill Dept. Shaft for landfill scraper Election judge Ballot card purchase Budget hearing transcript Travel advance for picking up prisone FICA Taxes withheld Insurance premium Insurance premium Office Supplies Supplies office and election supplies Computer services Travel expenses Travel Expenses Travel Expenses Travel Expenses Travel Expenses Travel Expenses Mileane for use of County carsby vari Reimbursement for purchase of postage Equipment sunolies Travel Expense Travel Expenses Advance for.Fall Conference Registrar's fees Court reporting for Commissioner meet Appearance fee Travel Expenses Travel Expenses Travel Expenses Dinner for Commissioner Troxel Investigation of death of David Baugh Autopsy on Mary Starkey Professional services Invoice C49054 Invoice 0920. cony of code of Colo Regulations Travel Expenses Purchasing Factomatic Book Plat checking and legal descriptions Invoice R52568-31 Professional services and travel exp Freight Charges Telegraph/telegram charges Endors. #5 Special coverage for Air Gas useage Invoice 2573 Loan payment Loan payment Phone charges Invoices 04696 & 5000 Invoice 00689 Invoice 40552 Invoices 1969 & 2040 Reimbursement for purchase of gas Gas consumption Supplies Operating supplies Computer Supplies Supplies Technical books for Engineering Dept Home visits Physical Therapist Reimburse petty cash- Eagle Reimburse petty cash- Vail Reimburse petty cash- Basalt Home visits Travel and meeting expenses Travel Expenses Travel Expenses Travel Expenses Travel Expenses Travel Expenses Travel Expenses Supplies and lodging expenses Office rent Balance due matching LEAA Grant 7 cases pop Invoices 079727 & 080647 Invoice 50100 Workers compensation Classified ad and public notices Classified ads Classified ads Propane fill-uo at fairgrounds Trash pick-up at fairgrounds r ous Dept. stamns ings am enses show at Airport 119.06 72.40 428.87 546.75 7.45 37.04 623.49 3.00 337.13 '55.00 1,096.94 443.00 60.00 6,774.54 336.83 6,888.92 90.09 7.56 2,574.52 6,732.50 -77.42 70.00 34.29 103.20 16.95 14.00 411.00 3.00 457.39 72.20 6.50 735.00 15.50 245.00 45.00 374.40 262.20 114.20 14.66, 25.00 355.00 153.38 54.20 -462.50 257.00 309.90 50.95 553.72 20.63 378.16 11.82 ,-26.60 250.00 311.06 91.45 210.54 205.68 530.94 10.00 140.20 40.17 60.00 11.30 35.71 828.61. 105.89 314.54 19.70 79.38 210.00 129.50 33:85 15.00 5.'62 158.40 205.87 14.50 10.50 48.50 195.70 42.91 117.55 50.88 482.00 1,900.00 49.00 365.60 250.62 350.00 46.60 88.32 69.00 95.68 84.00 _/4/ Proceedings of the Board of County Commissioners 7th day Nnvemhar term 19 SO 19 - Holy Cross Elctric Assn. Service trilling $ 1,064.52 Eagle Electric Electrical repairs in various offices 937.85 Glenwood Supply Co 1 plastic seat 8.95 Thomas Boni Travel Expenses 56.60: Susan Vaughn Travel Expenses 104.58 Francis Krizmanich Travel Expdnses 12.00 James Williams Travel Exnenses 94.00 Francis Krizmanich Reimbursement for film developing 15.18 Lester Douglas Travel Expenses 265.84 Brian Haas Travel Expenses 76.25 Erik Edeen Travel Expenses 76.44 Jo Ann Deighan Travel Expenses 94.79 Michael J. Kasher Travel Expenses 700.94 Colorado State Treasurer Unemployment benefits for Harriett Conway 114.00 Glenwood Toilet Rentals Invoice 00394 55.00 Virginia Rose Secretary services 85.00 Lucille Lieber Coordinator fees, 'postage, mileage 269.02 Summit County Senior Services Travel Expenses 14.00 Reubens Appreciation dinner for conference Forum 126.08 Beasley's Super Foods Invoice 1622 11.13 Eagle Telecommunications Phone charges 3,458.79 Buena Eichler Travel Expenses 23.56 TOTAL--------------------------------------------------------------------------------------- ---$ 219,027.15 ROAD & BRIDGE FUND Road and Bridge Fund Payroll $ 36,055.10 Columbine Oil Company 6- 55 Gal. barrels of antifreeze 1,085.70 Randy Dezerega Payment for wages not paid mn August 124.66 Petty Cash Reimburse petty cash 47.68 Business & Office Systems T.D. Pak for xerox machine 43.25 PESSS-Division of Employment FICA taxes withheld 16.2.8 Kay F. Arnold Travel Advance 50.00 Yampa Valley Electric Assn Electric billing 272.78 Town of Vail Ultilities charged 144.89 Eagle Electric Invoice 1033 1,447.80 International Business Machine Service agreement on typewriter 52.20 -Division of Communication Maintenance fee for communication services 80.00 Dick Wheeler, Inc. Lease payment 204.77 Xerox Corporation Xerox copy useage 1.69 Johnson & Kunkel Topographical mapping of Lake Creek Road 117.18 Western Auto Saw 6.99 Zep Manufacturing Co Invoice 12088226 34.56 Western Slope Uniform Co Shop cleaning towels 10.66 Collett Enterprises Supplies and services 5,671.88 Buckeye Gas 100# Cylinder for Thermo Lay 14.70 Bestway Paving Company Invoice 2192 14,850.83 Elam Construction Invoice 6882 206.25 Explosives Engineering Invoices 1896 & 1898 703.70 Valley Gas & Welding Demurrage charges 28.00 Colorado Bitumuls Company 6018 gals redamite, frt charges 7,075.77 Explosives Engineering Co Invoice 1903 189.60 Filter Service & Supply Rebuilt filters 142.44 Lawson Products Invoice 0932376 124.75 Holland Auto Parts Shop supplies 379.22 Walton Trucking Invoice 102 & 18 970.46 Supplies Unlimited Supplies 1,014.50 Colorado Bitumuls Co Invoice 25687 6,907.06 Air Rentals Invoice 8129 299.35 Metro Hardware & Supply Invlice 11648 54.09 Corn Construction 2,063.30 tons of asnhalt 44,876.78 Holy Cross Electric Repair service on underground power cable 150.00 Hanson Equipment Supplies 308.61 Pete Honnen Equipment Invoice 32872 36.79 Macdonald Equipment Co Spinner Assembly & Hub 122.82 Brake & Wheel Service 2 wagner cylinders - frt charges 45.55 Wilson Trailer Sales Invoice 11565 223.79 Carbondale Auto Supply Invoice 54827 18.90 Williamsen Truck Equipment Services 1,989.71 Gardner -Denver Parts & Service Div. L -ASM Lock Ring 64.10 Mountain States Ford Truck Supplies 56.73 Safety-Kleen Invoice 898061 26.75 Farris Machinery Co Invoice 4292 360.00 Jefferson Bank & Trust Loan payment 1,988.10 Jefferson Bank & Trust Loan payment 2,304.10 Republic National BAnk Loan Payment 960.55 Town of Avon Taxes for 3rd quarter 968.43 Town of Basalt Taxes due for 3rd quarter 1,118.62 Town of Eagle Taxes due for 3rd quarter 936.18 Town of Gypsum Taxes due for 3rd quarter 347.63 Town of Minturn Taxes due for 3rd quarter 687.37 Town of Redcliff Taxes due for 3rd quarter 141.79 Town of Vail Taxes due for 3rd quarter 13,858.39 PESSS-Division of Employment FICA taxes withheld 2,110.06 Blue Cross/Blue Shield Insurance premium 1,958.73 Rocky Mountain Life Insurance Insurance premium 102.85 Colorado State treasurer Unemployment benefit for Thelma Prnage 293.00 Commercial Office Products 1 Rolodex 7;60 Buckeye GAs vent pipe 7.30 Eagle Telecommunications Phone bill 197.49 Mountain Bell Phone charges 33.73 Rocky Mountain Natural Gas Gas services 99.63 Proceedings of the Board of County Commissioners 7th day. November tenon 19 8o 19 - Public Service Company Electicity $ 3.46 Holy Cross Electric Electric'service 176.75 K.F. Arnold Travel Expenses 73.80 Frank Daughtery Travel Expenses 95.60 Max McCoy Travel Exoenses 84.40 Ernest L. Cock Travel Expenses 36.40 Collett Enterprises Supplies and services 3;468.38 Best Way Paving Company Invoice 2480 3,050.65 Elam Construction Invoice 6932 316.25 TOTAL--------------------------------------------------------------------------------------------- $ 162,135.56 Library Fund Public Documents Distribution Superindendent of Documants Eagle County Treasurer Buckeye Gas Xerox Corporation IBM Blue Cross/Blue Shield Rocky Mountain Life Colorado State Treasurer Commercial Office Products Catalog Card Corporation Eagle Pharmacy Upstart Jean Karr & Company Marquis Who's Who American Econo-Clad Services Baker & Taylor Co Bro Dart/Book Express Gordon's Books American Library Assn. Microfilming Corporation Lime ock Prefs Prentice -Hall Associated Libraries Thomas Bouregy & Co McGraw-Hill Publications Sports Illustrated Trans -Anglo Books Caedmon Brodart, Inc Eagle Telecommunications Mountain Bell Roberta Depp Amy Niswanger PESSS-Division of Employment LIBRARY FUND Payroll Books Books Gas Consumption for September Propane -Bookmobile Xerox copies Lease Purchase Insurance premium Insurance premium Unemployment benefit for Paul I Sudds Rolodex File Catalog card set Office supplies Library promotional materials Books Books Books Books Books Books Magazine renewal Periodical Service renewal Books Books Books Books Periodical renewal Periodical Subcrintion Books Children's cassette programs Computer time Phone bill Phone bill at Minturn branch library Travel Exoenses Travel Expenses FICA contribution -employers share 6,784.08 189.65 115.95 28.80 11.96 22.62 297.60 328.83 18.60 92.00 9.20 28.91 5.74 69.69 126.71 60.00 93.30 35.12 302.57 107.85 32.00 982.00 22.25 276.75 1,301.23 35.50 30.50 30.00 15.29 32.34 26.00 19.22 16.82 47.80 3.75 415.86 TOTAL------------------------------------------------ --------------------------------------------- $ 12,016.49 This being the regular meeting for payment of bills and for such matters as appear on this day's agenda, to wit: Dog Bite Gilberta Matthews, Animal Control Officer, advised on October 15, 1980 she received a phone call from Mr. Robert Bushell stating he was bitten by a dog owned by George Fromming Ms. Matthews advised the bite was a small scrape. The dog,`a small 82 year Old mix, has been vaccinated and has current tags. The dog was impounded at the owners residence. Ms. Matthews advised the victim is not present at this hearing. Mr. Fromming advised the don was on his private property at his business. He explained the dog has no reputation of biting. Commissioner Troxel moved in regards to the dog bite case of Mr. Fromming that because the dog was on private property and the area is posted the dog be allowed to continue in fts present capacity. If the victim wished to press charges he would have been present at this hearing. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Allen r Allen Gerstenberger appeared and presented a study made by the Advisory Committee on a new jail. Mr. Gerstenberger- Gerstenberger gave the recommendations and requested the Board allow the Committee to study a criminal justice Jail Advisory center as they do not feel a jail alone would be feasible. Committee Commissioner Troxel questioned if there would be additional funds needed to change the study. Mick Kasher, Jail Advisory Committee member, advised the committee is trying to keep the Board involved in the process of the committee. Commissioner Williams moved the Board approved the recommendations of the Jail Advisory Committee to allow the committee to pursue a Criminal Justice Center concept. He suggested the name.:of the committee be termed Criminal Justice Center Committee. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Social Servi Personnel Policy George Thatcher, Social Services Director, appeared and presented a Colorado Merit Personnel Action for the Board's signature. Commissioner Williams moved the Board of County Commissioners sign a Colorado Merit System Personnel Action in regards to County Director of Social Services I. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Mick Kasher, Administrative Assistant, advised the next item deals with a possible change to the Personnel (Policy. Chairman Grant read the change concerning letters or information being put in an employees file. All information put:in the files must be initialed by the Supervisor and employee insuring they are aware these items have been placed in their files. Commissioner Troxel moved the Board of.County Commissioners.accept the Personnel Committee's recommendati< dated October 28, 1980ron the Personnel Policy changes as read by the Chairman to become effective immediately. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Proceedings of the Board of County Commissioners 7th day November term 198D 19- 3'' i E c F. xOMM ca. DMv& 5s% Health Sanitarian Beth Whittier, County Attorney, advised the first item she had for the Board's consideration was in So. Scottsville could inspect the restaurants in Avon. regards to the deletion of the plat restriction on the South Scottsville Subdivision. Ms. Whittier had advised Fir. Alpi the sanitarian would not be considered an employee of the State. They The Board had previously approved the plat restriction would be deleted with the condition the Subdivider Mr. Alpi had advised the State is not doing anything at this time in regards to restaurants and there would give the County a cash deposit in the amount of $8,000.00 to guarantee the completion of the public have been several complaints concerning the restaurants. Mr. Alpi had stated if someone with an inter- improvements set forth in the Subdivision Improvements Agreement. Also to extend the completion date of the has the time if they would be amenable to reviewing this as a minicipal Health: Sanitarian. Subdivision Improvements Agreement fno•m November 15, 1980 to November 15, 1981. Erik Edeen, Enviromental Health Officer, advised as the Health Department will be inspecting Beaver Commissioner Williams moved the Board sign the Resolution releasing the plat restriction. - added to his Staff for the Floodplain Administrator. There may not be enough work to keep this person busy Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. full-time and this person could possibly do the inspections in Avon. Commissioner Williams suggested the Tawn of Avon adopt,by reference, the County Health Code Regulations. Mr. Edeen suggested the Town of Avon adopt the State Regulations and the County could be under contract Beth Whittier, County Attorney, advised the next item was a petition for abatement from the Eagle/Vai.l Abatement: Convenience Store. The reason for the petition is part of, the equipment was double assessed. Eagle/Vail Town of Avon to draft a contract to become effective January 1, 1981. The original value was $5,870.00 with a tax of $424.93. The abated value is $2,180.00 with an abated Convenience Store Buildings and tax of $157.81. This leaves a balance of $3,690.00 with a tax of $267.12. Grounds Mr. Tunnell listed the unforeseenitems which exceeded the 1980 budget. The County Assessor recommends the abatement be allowed. Commissioner Williams moved the abatement be allowed. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Jim Rea, Airport Advisory Committee member, presented the final draft of the F.A.A. approved airport Airport Advisory lay -out plan. He introduced Barbara Michael from the F.A.A. Committee Discussion followed on the map for the County layout plan. Barbara Michael believes this is a very good plan for long range planning. She would encourage the County to acquire land for the placing of the hangars. Ms. Michael advised the.F.A.A. is very concerned about the Gypsum Valley Estates Subdivision. It is in an area of significant noise and the County is putting themselves in jepordy of liability by allowing it to be built there. The F.A.A. would discourage the County from allowing the subdivision to be built. Dave Green explained the progress of the possible purchase of the needed land in the area. He discussed preliminary meetings of possible industrial or commercial type facilities for the development. Mr. Green advised Chairman Grant had suggested retaining legal council in the fields of aviation, law, 41 and airport acquisition and condemnation. Mr. Green recommended the County retain Mr. Fotts from the law firm of Fuller and Evans for ground acquisition on this program. Mr. Green advised he had received a letter from Mrs. Schmidt stating the Schmidt's had not agreed to giving the County the ground. There will now have to be renegotiations with the Schmidt's regarding the one acre of ground needed for the acquisition for the F.A.A. funding. Mr. Green summarized the recommended phasing of the total project. Phase I -.acquisition of the Rocky Mountain Airway HJZ graound and begin installation of the hangars Phase II= -construction of parallel taxi way from east end of runway to west end. PhaseIII- acquisition of land from Eagle's Nest Ranch, Eagle Ranch, Schmidt, and Thomas. Phase IV- construction of new runway Commissioner Troxel advised he agrees with.,the phasing technique but at some point in time the County has to know how much money to match at a certain period of time. In negotiations for the property he hopes no one will imply the Commissioners will offer zone changes in exchange for,property. Chairman Grant stated the Board cannot makes deals. Mr. Rae requested the Board allow the Airport Commission the authority to propose a method of financing and propose to the Board of County Commissioners an acquisition plan for specific pieces of property. Commissioner Troxel advised the County has to acquire the land around the airport so if future Commissioner Boards or Airport Commissions want to do additional things to the airport that are not foreseen at this time. Commissioner Williams encouraged hiring Mr. Fotts to help insure all thingsal-e done technically correct in Phase I.. In Phase II & III he would like to enter into an agreement of what the County costs will be. Chairman Grant would like to see the Airport Commission propose a method o F financing and proceed with the phases as proposed. Leonard Sinclair discussed new criterias that have been established for putting up hangars. Commissioner Williams advised he had previously made a motion encouraging the Airport Commission to consider a moratorium on the ground at the airport. In speaking of utilizing the airport he feels there will be larger planes at the airport and there should be hangars to accomodate those planes. Chairman Grant feels the Airport Commission should ask for a moratorium on the ground at the airport. Jim Potter made comments on the hangar parcel. Commissioner Williams moved the Airport Commission be allowed to retain, if they so desire, Fuller & Evans, attorney, so budgeted in the 1981 budget. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams moved the Airport Commission pursue Phase I to acquire the HJZ land and to pursue that with all speed and continue on with a moratorium for six months on, any new applications until it is determined where the hangars will be placed. Exhibit 1, the layout plan, is approved by the Board. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Commissioner Williams moved the Airport Commission be delegated the authority to act on behalf of Eagle County in regards to discussionssfor land acquisitions, in accordance with the Master Plan, on the remaining parcels. However, suggbsted zone changes are to be left out of the discussions. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Beth Whittier, County Attorney, advised she had spoken with Al Alpi, Avon Mayor, who requested the II Health Sanitarian County consider entering into an inter -governmental agreement whereby a Health Department ie: Health Sanitarian Town, of Avon could inspect the restaurants in Avon. Ms. Whittier had advised Fir. Alpi the sanitarian would not be considered an employee of the State. They would be trying to insure compliance with the Municipal Code the Town of Avon has. Mr. Alpi had advised the State is not doing anything at this time in regards to restaurants and there have been several complaints concerning the restaurants. Mr. Alpi had stated if someone with an inter- governmental contract could review this there would be a fee. He questioned if the Enviromental Health has the time if they would be amenable to reviewing this as a minicipal Health: Sanitarian. Erik Edeen, Enviromental Health Officer, advised as the Health Department will be inspecting Beaver Creek there would be no transportation problems of stopping in Avon. There has been an additional person - added to his Staff for the Floodplain Administrator. There may not be enough work to keep this person busy full-time and this person could possibly do the inspections in Avon. Commissioner Williams suggested the Tawn of Avon adopt,by reference, the County Health Code Regulations. Mr. Edeen suggested the Town of Avon adopt the State Regulations and the County could be under contract to the Town of Avon to provide the services. He suggested a fee of $25-$30 for Staff time. The Board agreed to the concept and directed the County Attorney to work with the attorney for the Town of Avon to draft a contract to become effective January 1, 1981. Tim Tunnell, Purchasing Agent, presented a memo to the Board concerning a request for additional funding Buildings and for the Buildings and Grounds. Grounds Mr. Tunnell listed the unforeseenitems which exceeded the 1980 budget. „ The following is the balance of those accounts as of September 30, 1980 and the additional monies needed to finish this year: fi Proceedings of the Board of County Commissioners 7th day November tenor 19 80 Operating Supplies (4,347.30) 500.00 Repair Supplies (1,357.64) 250.00 Building Repair (4,915.15) 1,500.00 Building Rental (2,075.00) 825.00 Total deficit (MT Total requested 3�0(T-- 19 Mick Kasher, Administrative Assistant, proposed the requested monies be included in the Supplemental Appropriations that will be presented at the end of November. This includes unforeseen revenues which will total approximately $175,000.00. Mr. Tunnell advised the request is for $3,075.00 to finish the 1980 year with an additional $12,000.00 for the deficit. Commissioner Troxel moved the request by Mr. Tunnell be honored and added to the Supplemental Appropria to be presented in.December. Commissioner Williams seconded the motion=..and the Chairman declared the vote unanimous. CPL Lease Jim Rea appeared to request the Board to approve an addendum to the CPL Lease which includes section (p) of the SBS Lease. Section (p) provides, due to the Master Plan, if the structure has to be moved the cost will be borne by CPL on the ratio of 10% of the cost for each year the structure is there. The Board concurred this was appropriate and directed the County Attorney to draft the addendum. There being no further business to come before the Board the meeing was adjourned until November 10,1980 Attest. (Cer<to to B .Proceedings of the Board of County Commissioners 10th day Novemher term 19Rf) 19— SPECIAL MEETING Present: Dale Grant Chairman Tom Boni Assistant Planning Director Dan Williams Commissioner Susan Vaughn Plannner Keith Troxel Commissioner Johnnette-Phillips Clerk to the Board Beth Whittier County Attorney Mary Merklina C.S.R. This being the day for planning matters to be heard, the following items were presented: Tom Boni, Assistant Planning Director, advised the next item was the Blue Grouse - Brush Creek and Eagle River Company. Originally this property had a Special Use Permit for a dude ranch resort. The applicant is now submitting a major plan for the area. Terrill Knight advised Brush Creek and Eagle River Company had requested him to compare a PUD applicatic to be owned by the Blue Grouse Company. Mr. Knight stated the proposal is to apply to a PUD for a parcel of land approximately 400 acres which will not directly adjoin adjacent property. He stated he had had a pre -conference with the Planning Commission and was proposing 345 dwelling units. This includes the Blue Grouse private club. The services would be under the control of the club. Mr. Knight requested a waiver of the Enviromental Impact Statement. He stated an Enviromental Impact Report will be done but.the applicants.desire not to have to do a complete report. Chaiirman Grant mentioned the problem of road access to the micro -wave antenna on Castle Peak and questioned if a road easement could be established through the Blue Grouse property. Mr. Knight agreed an access was needed and stated he believed some upgrading of the road and an established access to the beacon would be no problem. The Planning Commission had expressed concern that of the 300 units, 25 should be employee housing units on the 400 acres. The remainder of the property should continue as3Resource Zone. Commissioner Troxel stated he had a problem with spot zoning the middle of this property without some control on the remainder. Mr. Boni advised the Planning Staff takes a strong issue of the 400 acres for a 300 unit project and finds this unacceptable on the Enviromental Impact Statement waiver request. Mr. Boni stated on page 89 of the Zoning Resolution there -is a list of issues that should be addressed at sketch plan stage of the applica- tion. Mr. Boni believes the roads are an issue and should be brought up to collector status. The Planning Staff believes the development is ready to move ahead and the road issue needs to be co-ordinated. A 300 unit private community is also a concern of the Staff. Mr. Boni read a memo from the Planning Commission with the following comments regarding the PUD proposal -for a 300.plus dwelling unit club: 1. What kind of internal, external roads are planned? 2. Is a. village of 300 adequate -to support commercial facilities? 3. What might become of adjacent properties due to the creation of a village? 4. Intend.snowmobiles?: 5. Whiteouts occur frequently 6. Will there be public access to cross-country trails? 7. That's about twice the number that the country, warrants. 8. Is the single access appropriate to support 300 dwelling units. 9. Employee housing? What kind? Where? 10. Will road remain private? Why private? 11. Ranch could have approximately 200 more units on 35 acre parcels. Why not have -entire 8000 acres in the PUD 12. Impacts on wildlife considered. 13. The viability of small enclave is related directly to larger ranch area - some sort of agreement will be required to allow club folks to use land. 14. Land area is too small for number of units - Planning Commission disagrees. 15. Market might not be there for 300 dwelling units. 16. How to reconcile single access for a small town. 17. How do you resolve placing development outside sphere of development? Is there an economic determinant? 18. This is not a simple P.U.D. problem. You must decide what there will be there. A self=contained town of 300 dwelling units with 7800 adjourning acres gives opportunity for major expansion. If concept is truly to be very exclusive, small numbers, some designation ought to be made for remainin land to maintain small size 19. Some tie-in with Eagle River is needed. Land is not conducive to high summer use. Some amenities will be needed for people who get tired of wind and sagebrush. 20. Key element needs to be addressed = area between south boundary of property and P.U.D. area to assur d -maintaining the open space. 21. Public access should be addressed. 22. E.A.R. needed at sketch plan. Economic study probably not needed because_ road is private. Commissioner Troxel stated concerns he has; an application of pre -conference should be restricting on total acreage, single access and road improvements. Commissioner Williams stated an Enviromental Impact Statement should be done, with this significant a development, a study of the growth pattern and as much data at Sketch Plan Hearing as possible. Commissioner Williams stated the application appears to be premature. The Board concurred an Enviromental Impact Statement was needed but the requirements could be limited. The next item brought before the Board by Susan Vaughn, Planner, was the Edwards Village Development: Plan. Mrs. Vaughn explained a plan for the_Edwards area has been devised by Steve Isom and she turned the floor to him at this time. Steve Isom presented details of the Edwards area, complete Development Plan including slope and geologic studies. Mr. Isom discussed the conceptual development map and suggested the plan be a guideline for the area and help for the County Master Plan. Mr. Ison requested input from the Board. The Board directed Mr. Isom and the Planning Staff to have the Master Plan Committee review the plan. Request: Zone change from Resource to Commercial General Location: Between the white building at Edwards and the River, E? Section 5i T5S, R82W The next item brought to the Board's attention was Zc-136-80. This being a request by Fritz Schmidt for a zone change. Susan Vaughn, Planner, pointed out on the plat othercommercially zoned properties and stated Mr. Schmid would not receive a building permit until the property is zoned commercial. There is commercial zoned property on two sides. Fritz Schmidt, applicant, reminded the Board he has been denied a zone change twice by the Commissioners overruling the Planning Commission, which had recommended approval. Mr. Schmidt pointed out the property and access to it, stating there is good access. Blue Grouse = Brush Creek and Eagle River Co Edwards Village Development Plan Zc-136-80 Fritz Schmidt Proceedings of the Board of County Commissioners I_Uh_day___Nauem er term 19 --so —19— The Planning Commission recommended denial of the zone change as there is no clear County right-of-way on the western boundary of the property. Property owners to the west have concerns of the access. There -is no clear definition of the right-of-way or where it legally exists. The Planning Staff recommended approval of the zone change as it is in the center of the Edwards Communi By the concept of a minor center it is logical for the property to be a commercial development. Further discussion on the access to the property was held. Commissioner Troxel moved Zc-136-80 be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Zc-138-80 Request: Zone change from Commercial General to Resource Eagle County Location: The bluff west of Wolcott, in the SW', of Section 15, T4S, R83W Susan Vaughn, Planner, at this time presented Zc-138-80, a request by the County to rezone property in the Wolcott area. Mrs. Vaughn brought the Board up to date on the zone change. The Board had granted a zone change to Commercial General with the conditionan access problem be corrected. Mrs. Vaughn reminded the Board of letters received from Law Enforcement Agencies requesting a car storage area. She mentioned changes that have been made since the original zone change was granted. Abandonedccars can now be stored at the County Landfill. The Open Space Plan recommended Special.Use of the area because of the visual impact and the use is objectionable to surrounding property owners. The property owners request the Board of County Commissioners down zone this property. Don Flare, owner of the property and D & E Towing, made a statement concerning his views of the property. Mr. Flare read several letters to: 1. Stu Hersh of the B.L.M. from the Board of County Commissioners, Dale Grant, Dan Williams, & Keith Troxel 2. Dale Andrews of the B.L.M. from Vail Police Dept., R.A. Motta 3, Dale Andrews of the BLM from the Colorado State Patrol 4. Dale Andrews of the Blm from Jack Haynes, Eagle County Sheriff 5. D & E Towing from Thomas E. Baudien All the letters were -supporting a car storage on ghe property in question. Mr..Flare stated the reasons he believes there is a need for storage of abandonded vehicles. He reitera ed the approval of the zone change and requested the Board allow the property to remain as previously approved. Mr. Flare gave other alternatives and the run down on improvements that would be required at a cost of approximatley $20,000.00.. George Jouftas and Leonard Horn, area property owners, spoke -in opposition to the property being used for car storage. Chairman Grant explained that at the time of the original approval there had been no opposition or alternatives. The car storage would be unsightly. The Board has received much pressure to down -zone this property. Al Wright, B.L.M. representative, presented the sequence of events since the original access request from D & E Towing. Mr. Wright pointed out the impacts present and stated a right-of-way onto the property through BLM is pending. Susan Vaughn reminded the Board the original zone change was granted with the conditions a site plan be submitted and B.L.M. access be acquired. The Planning Staff recommended approval of the property being down -zoned as access is a real problem. The addition of an auto storage area would conflict with the Open Space Plan with the visual impact. Susan Vaughn read a letter from Mr. & Mrs. Art McDole opposing the storage area. An area property owner stated he believed the Board should persue problems other than protecting the enviroment and consider the storage problem and monitary problems this will cause for the property owners. Commissioner Troxel stated he had abstained from -the original vote on this application. He has since sold his towing companty and now rents to D::& E Towning and will abstain from this vote also. Commissioner Williams stated the original zone change was approved with the condition a site plan be submitted and access across:.BLM land be acquired. Commissioner Williams moved the Board of County Commissioners, as applicants for a zone change from il Commercial General to Resoruce be approved under 10.03.04 (a) & (d) of the Zoning Resolution. Chairman Grant seconded the motion and the vote was declared two in favor; Commissioner Troxel abstaining Commissioner W illi:airs-moved.'the Board d rect.the Planning Staff -to write a letter to the towns in the U Upper Eagle Valley that the Board will host a meeting to discuss impoundment problems and site locations. The BLM and Forest Service are invited to participate. Commissioner Troxel seconded the motion; unanimous.-vot Zs -44-77 Susan Vaughn, Planner, presented a renewal of a Special Use Permit for Homeward Bound. This is a gravel Homeward pit in the El Jebel area. There have been no problems and the Planning Staff recommended approval of the Bound renewal. Commissioner Troxel moved Zs -44-77 be renewed. Commissioner Williams seconded the motion and the vote was declared unanimous by the Chairman. Zs -63-78 Susan Vaughn, Planner, presented the next SUP for Mountain Mobile Mix which is also a gravel operation. Mountain This Special Use Permit was approved in 1978 and has continued to operate as approved with no problems. The Mobile Mix Planning Staff.recommended approval of the renewal of the Special Use Permit. A representative for Mountain Mobile Mix appeared and stated the SUP is no longer desired. Commissioner Troxel moved Zs -63-78 be rescinded. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Zs-94-79II The next item on the agenda presented by Susan Vaughn, Planner, was a Special Use Permit for Eagle Count County of ISI on the Whittaker property. This is for a gravel pit to be run by Eaglei_County on Whittaker property. Eagle-Whittak r Doug Pilcher, Road and Bridge Supervisor, requested an expansion of the lease from 6,000 tons of gravel Property to be extracted to 40,000 tons. Beth Whittier, County Attorney, gave a run down of Mine Land Reclamation approval of the permit. She discussed the increase of the gravel usage,.and the reasons. Ms. Whittier explained the only way to increase the usage of the pit would be to enter into a new lease. Commissioner Williams suggested this item be tabled until an on-site inspection could be made. Commissioner Troxel moved Zs -94-79 be tabled for 30 days until the Board and Planning Staff could visual inspect the site and determine the feasibility of the operation. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel amended his motion to set the date of the new hearing on December 8, 1980. Salt Creek The next item on the agenda being Paul Kunkel concerning the Salt Creek Subdivision upgrading of the Subdivision road as per the Subdivision Improvements Agreement. Commissioner Troxel moved, as the County Engineer is on vacation, this item concerning Salt Creek Subdivision be tabled until November 26, 1980 and directed the Planning Staff to notify Mr. Kunkel. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. �` r Proceedings of the Board of County Commissioners loth _ day-__dfl_vPmhPr term 19-sD_ Request: PUD - tabled from the 29th of October meeting Location: Edwards area Tom Boni, Assistant Planning Director, introduced the next item as The Homestead stating the Planning Staff believes the application is ready to proceed to preliminary plan. Mr. Boni read a letter from the Colorado State Department of Highways concerning the impact on Highway 6 caused by the subdivision project. Discussion of the subdivision plat followed. Chairman Grant pointed out the number of cul-de-sacs and remarked of the expensive maintenance of same. Commissioner Williams made a lengthy motion that file Su -141-80-P be denied citing sections of,the Zoning Regulations and Master Plan. He suggested the County Attorney draft a Findings and Order to put the motion in = more articulate terms. Chairman Grant requested informati.-dn on growth in the area of the project. Mr. Boni presented a map showing density of this particular area. Bob Warner, applicant, also joined in the discussion of the area density. Commissioner Troxel stated he would not second the motion of denial previously made by Commissioner Williams, stating, --,on two.occasions additional information has been requested of the applicants and they have complied as requested and he does not feel it appropriate to again change to a new concept. Chairman Grant advised he is not comfortable with the plan but under Staff recommendations the applican have submitted what was required and he could not second Commissioner Williams' motion. Commissioner Troxel moved Su -141-80-P be approved to be moved on to the Preliminary Plan Stage. He sta he believes the applicants have addressed concerns and Staff requirements, visual impacts of the Southwest Meadow, and have resubmitted a more desirable plan. He believes a motion of approval is warranted. Chairman Grant stated, before he would second the motion, he had walked the area. He does not have a good feeling about the development believing it is premature. As this is the third request made by the Board for applicants to return for another hearing he would second ',the:: motion for the application to continue to the Preliminary Plan Stage. He warned the developers there would be alot of discussion at that stage. The Chairman declared the vote two in favor; Commissioner Williams voting "no". 19 At this time Susan Vaughn, Planner, advised the Board there needed to be some discussion of the School Land Dedication.Resolution in the Subdivision Regulations. Ms. Vaughn advised the regulation states School Land Sites only as Land or cash in lieu of land for any capital costs. Mrs. Vaughn explained the schools are desperate for housing and requested the Board entertain the thought of having a hearing on the wording of the School Land Dedication Resolution to allow changes to be made. Commissioner Williams moved to set the School Land Dedication Resolution to be reviewed December 31, 1980. Commissioner Troxel seconded the motion. The vote was declared unanimous by the Chairman. Tom Boni, Assistant Planning Director,presented the next item concerning Blue Creek Ranch. Dick Jennings, developer for Aspen Mountain View, noted three conditions requested by the Planning Staff and gave his opinion of the following: 1. Obtain variance approval of several items on road 2. Water pressure for all lots 3. Road contributions to County road to E1 Jebel. Mr. Jennings suggested the Blue Creek Ranch and Aspen Mountain View join water systems. The Blue Creek Ranch has a better site for the water storage. He proposed Aspen Mountain View pay for the Water tank, the pipe to link the two subdivisions and any legal costs incurred. Bill Hignett, developer for Blue Creek Ranch, stated he had -requested to be put on today's agenda to review and bring the Board up to date on the road study. This was the only condition on his preliminary plat. That was also one.of the conditions on the Aspen Mountain View Subdivision. In view both subdivisions had the same conditions the County agreed Dave Graounds would be a satisfactory engineer to do the work with the cost being shared jointly by both subdivisions. This would be the extent of Blue Creek Ranch's involvemen with Aspen Mountain View Subdivision. The road study has been done and he requested Mr. Grounds present the study. Dave Grounds, Engineer, stated he has studied the road and has given safety the highest priority. Mr. Grounds pointed out on a map the existing road, planned new road and additional right-of-way needed. He also explained construction needed and proceed through the four phases of construction. Harold Denton, Architect for the project, summerized the study advising whom he believes pays for what in each phase.. He feels whoever increases the impact on the road should pay for improvements. Mr. Denton requested the applicants be allowed to make a Subdivision Improvements Agreement using the formula presented. The Board agreed with the plan conceptually and stated the plan should be flexible enough to change the time schedule. Rick Cancello, E1 Dorado Engineering, explained the water system of Aspen Mountain View Subdivision and negotiations with Blue Creek Ranch, with the desire of a shared tank for both subdivisions. If this agree- ment cannot be obtained the applicants will develope a pump system. Chairman Grant stated the applicants of Aspen Mountain View should continue to negotiate with Mr. Hignett as the shared tank system is better than a pump station. The Board concurred. Su -141-80-P The Homestead School Land Dedication Blue Creek Ranch The last item of the day, Mick Kasher, Administrative Assistant, presented a letter he had drafted to CCOG C.C.o.G. concerning the West Colorado Health System Development Representative for low income individuals, requesting the signatures of the Board. Commissioner Troxel moved the Chairman sigh the letter. Commissioner Williams seconded the motion and the vote was declared unanimous. Chairman Grant signed the letter. There being no further business to come before the Board the meeting was adjourned until December 25, un airman Attest: Qoet4k'to t h eBoard Proceedings of the Board of County Commissioners%25th—day—November term 19—u 19— SPECIAL MEETING Present: Dale Grant Chairman Erik Edeen Enviromental Health Officer Keith Troxel Commissioner Nancy Morgan Enviromental Health Secretary Dan Williams Commissioner (absent) Linda Hatton Secretary to the Clerk to the Board Beth Whittier County Attorney This being the day for the Board of County Commissioners to hear Welfare items and such other matters on the agenda, to wit: The Board convened as the Board of Health. Gene Slaughter Erik Edeen, Enviromental Health Officer, advised the first item was the Gene Slaughter septic system. Mr. Slaughter had informed Mr. Edeen the septic system was complete except for being covered. It will be completed right after Thanksgiving. Mr. Edeen recommended if it is not complete by that time the County Attorney should take legal action. Commissioner Troxel moved in regards to the first item on the agenda, Mr. Slaughter, the waiting time to finish his work be extended through Thanksgiving until December 1, 1980. If at that time the work is not completed the Board will review the situation and take affirmative action. Chairman Grant seconded the motion and the vote was declared unanimous of the two voting. Sam Johnson Erik Edeen, Eh Vi:romeatal Health Officer, advised the next item was Sam Johnson. Mr. Johnson is intending to build in Red Canyon Acres on Lot 4 Hornbaker Subdivision. He has paid his percolation fees of $50.00 and his septic permit fee of $75.00. Mr. Edeen advised Mr. Johnson is not going to be able to build on that lot now and is requesting the septic permit fee be refunded. Commissioner Troxel moved the Sam Johnson refund of $75.00 be allowed. Chairman Grant seconded the motion and the Chairman declared the vote unanimous of the two voting. Beaver Creek Erik Edeen, Enviromental Health Officer, advised the Open Burning Permit issued to Beaver Creek expired Open Burning on November 10, 1980. On November 18, 1980 the County received a citizen complaint of Beaver Creek burning Permit trash in an uncontrolled manner and during an atmospheric conversion. Beaver Creek has subsequently apologized and reduced the fire. They have now submitted an application to renew the permit. Mr. Edeen advised the new permit would run from November 24, 1980 until December 13, 1980. Commissioner Troxel advised there should be a letter sent to Beaver Creek advising the Board does not condone open burning and there has been a complaint filed. Mr. Edeen recommended writing a letter of concern and advise them they must comply with the permit conditions. Commissioner Troxel moved Beaver Creek'.s renewal of their open burning permit be renewed effective November 24, 1980. Chairman Grant seconded the motion and the Chairman declared the vote unanimous of the two voting. Nottingham/ Erik Edeen, Enviromental Health Officer, advised the next item was an application from Nottingham and Jouflas Jouflas for an individual sewage system on State School Board land at Squaw Creek. The current regulations state no new construction permits will be issued after November 15 due to weather conditions. Commissioner Troxel suggested Mr. Edeen contact the State,Land Board to make them aware of the situation If the State Land Board condones.it.the County has no say over State land except on Subdivision matters. Chairman Grant advised his understanding was the State would follow the County Land Use Zoning Regulations. Mr. Edeen advised his office wouldnot issue the permit until they have had a reply from the State. Creekside Homed Mr. Erik Edeen, Envtiromental Health Officer, advised the next item was a preliminary review of a flood permit for Mary McClintock representing Creekside Homes. This is an allowed use but the regulations have not been amended to allow the Enviromental Health Office to issue the permit. These items must still come before the Board. The proposal is for Ms. McClintock to submit the preliminary plan and the completed Floodplain permit at a regular planning hearing. The Board concurred the flood permit would be heard with the preliminary plan. Mr. Edeen discussed problems of the Casa del Sol project scraping dirt into the stream. When the area was reclaimed fill was put in the 30' setback which disturbed the floodplain. The Planning Commission recommended the applicant submit a new floodplain report. Commissioner Troxel stated the only reason it would be restudied was because a developer pushed dirt into the floodplain. The developer should either removed the dirt or assist the County in the costs for a new floodplain study. Commissioner Troxel moved the Board adjourn as the Board of Health and reconvene as the Board of County Commissioners Chairman Grant seconded the motion and declared the vote unanimous of the two voting. The following items were presented for the Board's consideration in the afternoon: Rocky Mountain Beth Whittier, County Attorney, advised the next item was the Rocky Mountain Airways Contingency Plan. Airways She advised Rocky Mountain Airways had called her earlier in the day and requested to be rescheduled until December 1, 1980. Chairman Grant advised the only problem he had with the contingency plan is under section (c) which states "some other plan that may be approved by the Board". He has no problem with the Resolution drafted by the County Attorney. Ms. Whittier explained the contingency plan draft was submitted by J.B. Stone, vice-president of Rocky Mountain Airways. This is only a draft and there are corrections the County needs to furnish to Mr. Stone. This plan will then be proposed for final enactment on December 1, 1980. Ms. Whittier advised the second item she had pretaining td. -Rocky Mountain Airways was the recent lawsuit RMA had filed against the County. The lawsuit is in regards to Resolution #80-41 which required two addition conditions to be placed on Rocky Mountain Airways' Special Use Permit. The two conditions concerned service to the Eagle County Airport and a flight schedule being placed at the Avon STOL-port. The County and Rocky Mountain Airways have come to the agreement there do not have to be litigations whereby the Board will delete those requirements for the SUP upon RMA supplying the County with a memoradum of Understanding which will set forth the procedure that the public can contact RMA directly concerning any complaints they may have. RMA will maintain an air flight schedule at the STOL-port and will specify under what cincum9tances, excluding economic conditions, that they will cancel such flights. Mr. Stone has stated the Memorandum of Understanding will be presented to the Board on December 1, 1980 at which time the Board will sigh the Resolution. Proceedings of the Board of County CommissionerS .2th ay_ November term 19 8o Tom Boni, Assistant Planning Director, discussed his concerns of the Beaver Creek Employee Housing and made suggestions for the Management Plan. Beth Whittier, County Attorney, advised the next item is a request for Beaver Creek, concurrently with Vail Associates, for the Board to authorize their concurrence on the issuance of Industrial Revenue Bonds for Beaver Creek's Employee Housing. Ms. Whittier introduced Will Mesdag, Bond Council, and Bruce Ely, representing Beaver Creek. Mr. Mesdag advised the proposal, in connection with the employee housing project, is for the County Commissioners to issue Industrial Development Revenue Bonds on behalf of Beaver Creek Associates to finance the project in much the same manner as the Bonds were issued to finance the Sports Facility. There are significant differences between the two as this project identifies more easily the public purpose. Mr. Mesdag advised they would like to obtain approval for the issuance of the bonds. Beaver Creek feels a benefit to the bonds is they will help protect alot of the concerns the Board has in regards to employee housing. Ms. Whittier questioned how much is being proposed in regards to the bond issue. Mr. Mesdag advised it depends on the number of units built. The minimum number of units that may be built at this time is 33. The proposal is for approximately $4,000,000.00. Mr. Boni asked if it is an IRS requisit that the developer of this housing provide evidence of allocatio of the cost. Mr. Mesdag advised the Bond issue has to be used entirely for land. Vail Associates cannot use proceeds of the bonds to pay themselves for the land they contributed to the project. Commissioner Troxel questioned if the land is sold can the purchaser assume the bonds. Mr. Mesdag stated the purchaser cannot assume the bonds without the consent of the County. In addition the County Treasurer would need to determine if the new entity had the same financial ability to repay the bonds. Chairman Grant advised the Board had discussed the ID year pay off of the bonds and being able to condominiumize the housing and sell it. In the discussion the Board agreed employee housing is going to be necessary for the operation of Beaver Creek. Mr. Mesdag stated as long as the bond was outstanding the facility has to be employee housing. When the Bond is paid off all agreements would be void. The Management Plan will protect the County after the bonds are paid off. Ms. Whittier questioned if the Management Plan, as approved the the Board, will be part of the Bond issue. Mr. Mesdag advised Beaver Creek has no problem with it being so. The request today is for approval for the intent to issue the bonds rather than the authorization for issuing the bonds. Commissioner Troxel moved the Resolution adopted February 27, 1979 in regards to a commitment by them to confirm their intent to go through with a bond proposal be honored and this particular application also. Chairman Grant seconded the motion and the vote was declared unanimous of the two voting. Ms. Whittier requested a reconfirmation that Beaver Creek does intend to complyuwith the Resolution adopted by the Board regarding the policies of the process of the Industrial Revenue Bond Issuance. Mr. Mesdag stated his confirmation. He requested to make a proposal under Resolution 80-24 the County reserve for itself complete discretion for itself in terms of determining a fee. Discussion followed on the fees of the Sports facility financing. Mr. Mesdag advised this project has no economic viability and suggested there be no financing fee on this project. Phil Ordway, consultant to Vail Associates, discussed the depriciation of this project. Mr. Mesdag suggested, to encourage additional employee housing, an additional fee not be charged. Commissioner Troxel stated he has no problem with the concept he just wants to set up a criteria. At this time the Board adjourned as the Board of County Commissioners and reconvened as the Local Liquor Licensing Authority. Beth Whittier, County Attorney, presented an application for renewal for a liquor license. The application is from Gore Valley Enterprise/West Vail Liquor Mart. The Manager's name is Howard F. Gardner. Marianne Bolt, Liquor Licensing Deputy, has reported that as of November 7, 1980 there have been no complaints filed against this establishment. Commissioner Troxel moved the renewal be approved. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Beth Whittier, County Attorney, presented a subcontract with the Northwest Colorado Council of Local Governments regarding the 1981 Title III Funds. Ms. Whittier stated she had given the Board a memo regarding her comments to the subcontract. She was concerned the subcontract did not state a provision if the County did not appropriate the contract, would be terminated without any further obligation on the part of the County. This provision has now been included in the subcontract. There has also been a termination clause included stating the County may terminate for any reason by giving 30 days notice. Commissioner Troxel moved the Chairman sign the subcontract dated October 27, 1980 between the Eagle County Commissioners and NWCCOG. Chairman Grant seconded the motion and the vote was declared unanimous of the two voting. Beth Whittier, County Attorney, advised the next proposed contract was between the Colorado State Patrol and Eagle County regarding radio dispatching services. Ms. Whittier advised she had discussed the contract with Lt. Woods and reached an agreement. She advise she had given a memo to the Board regarding her comments. Two of her comments have been met and have been changed within the contract. There is a provision now which states financial obligations of the local agencies, County of Eagle, payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Ms. Whittier advised there is also a termination provision which stated it may be terminated by the County or the State with or without cause subject to 30 days written notice. The other concern Ms. Whittier had with the contract is that it states the County will reimburse the State for one additional radio dispatcher at or below the Colorado Personnel Board rate 46 step 7. It continues by stating the County will pay for the salary in addition to 25% for in -direct costs and fringe benefits. Her concern was there was no specified amount for the County to pay. Ms. Whittier advised she had contacted Wes Letz in Denver. He advised her there was no way to determine a maximum amount as a dispatcher would be started at a grade 1 and if the dispatcher -stayed on he would advance to a step 7. Lt. Woods advised the grade stays the same unless a salary study changes it. They have to stay in the same step for five years. Mick Kasher, Administrative Assistant, stated one concern he had with the contract is it states under item 3 such billing will be paid within 7 days. Mr. Kasher advised he had discussed this with Lt. Woods and reached an agreement the billings will be paid within 15 days. Beaver Creek Employee Housing Liquor License West Vail Liquor Mart Title III Funds State Patrol Contract Airport Project Personnel Policy Proceedings of the Board of County Commissioners 25th day November term 19 BO Commissioner Troxel moved the Board sign the contract as presented with a minor correction of changing 7 days to 15 days with the Board initialing it. Chairman Grant seconded the motion and the Chairman declared the vote unanimous of the two voting. Mick Kasher, Administrative Assistant, presented the next to.d!ast request for reimbursement for the irport project. The amount is $29,000.00. Commissioner Troxel moved the Board sign the Outlay Report request for reimbursement for construction rograms for the airport. .-r Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Mick Kasher, Administrative Assistant, presented the proposed personnel practices which will be taken efore the Personnel Committee. Mr. Kasher highlighted the changes for the Board. There being no further business to come before the Board the meeting was adjourned until November 26, 1 test: rk to the Boar 19—i Proceedings of the Board of County Commissioners Z6±b day November term 198 19— SPECIAL MEETING Present: Dale Grant Chairman Tom Boni Assistant Planning Director Keith Troxel Commissioner Susan Vaughn Planner Dan Williams Commissioner (absent) Linda Hatton Secretary to Clerk to the Board James Midyett C.S.R. This being the regular day for planning matters the following items were presented, to wit: Tom Boni, Assistant Planning Director, advised the first item on the agenda was the Beaver Creek Management Plan for Employee Housing. Phil Ordway, consultant to Vail Associates, advised Beaver Creek had met with the Planning Commission last week on this item. The purpose of todays meeting is to reach a final agreement on the terms of the Management Plan. Tom Leonard, Officer of Vail Associates, advised the most important item that needs to be kept in mind is all of these discussions are in context of Vail Associates continuing commitment to build up to 600 employee housing units in Beaver Creek. Phase I of the plan provides a minimum of 33 units or as many as 54 units. Mr. Leonard advised the:-iManagement Plan reflects the changes the Board suggested previously. He high- lighted the changes in the plan. He presented a letter from Ernie Nunn, Forest Service, stating his approval of this plan. Chairman Grant requested a further explanation of Section 9(b) with respect to any portion of the property that is taken by right of condemnation or immanent domain the operating plan shall terminate entirely with respective forces so taken. Kevin Conwick, attorney for Vail Associates, explained the clause. Mr. Boni questioned the entities that would have right of immanent domain. Mr. Conwick listed the entities. Mr. Boni presented a list of his comments: 1. Establish rent levels and allow operating increase clause subject to County approval. Rent levels can be geared to represent 30% or less of household income. Mr. Leonard advised there is a recognized concern at the County Commissioners level that the County is not in the business of rent controls. Vail Associates has a commitment to provide affordable housing. The concept of rent controls in a management plan can damage financial abilities. Mr. Boni stated the recommendation was made on the basis of Beaver Creek as a total project which is causing enormous speculations and rise of rents in the area. Mr. Leonard advised the Enviromental Analysis Report specifically states rent controls are not to be considered. Chairman Grant advised he does not feel rent restrictions in a developing County are feasible. Commissioner Troxel questioned if the management proposal is structured to include any type of wording which stated the percentage of income to be contributed toward the rent. Mr. Boni advised his second concern is a priority list should include an income qualifier. Chairman Grant stated to keep good quality employees employee housing has to be supplied. Mr. Boni advised his third concern is he feels there should be more monitoring of the project that quarterly reports. Mr. Leonard advised the Commissioners had requested the reports to be made semi-annually. He stated the books would be kept open for the County's review at any time with reasonable notice. Mr. Boni advised he would like to see what type of employee catagory each person is in to determine the wage rates.of the peopl.e using the employee housing. Mr. Boni advised his fourth concern was the employee housing should be,deed restricted for use as employee housing if condominiumization is approved by Eagle County. Mr. Ordway stated the issue is whether condominiumization should be allowed. He does not want condominiumization prohibited if an employee wants to purchase the unit. Beaver Creek feels if it can be demonstrated there is no longer a need for the project to remain as employee housing it should be able to be condominiumized. Mr. Leonard advised within the confines of the agreement's timing he would feel comfortable by saying Beaver Creek's first priority is as managed rental housing. At any time Beaver Creek and the County agree there is a good reason for changing it to employee orientated condominiums everyone would work together to accomplish it. Chairman Grant feels this issue is spelled out in the plan. Commissioner Troxel questioned if Beaver Creek would commit to stating if the reason for the housing not being converted would be employee housing is still needed that it would be reason enough for the County not to approve condominiumization. Mr. Conwick answered if the County establised the conditions were such that conversion was not in the best interest of employee housing the County would be entitled not to consent. Mr. Boni advised his fifth comment concerned the termination clause. He suggested the wording be "This Management Plan will be reviewed on five year intervals. The plan will automatically be continued unless an amendment to its provisions is mutually acceptable to both Eagle County and Vail Associates'.'. Mr. Leonard advised there are facts which need to be included in this discussion. This phase is only less than 10% of the entire housing project. Each section of the housing will be in phases and have their own timing period and financing package. Mr. Leonard advised the Forest Service has a bigger say in this project than the County has and the Forest Service agrees with this plan. Mr. Boni advised he has spent an enormous amount of time working on employee housing. There is a recognized employee housing problem in this County. The real issue is how long the employee units are committed to. He is reluctant to structure within the agreement an established termination date. Chairman Grant feels the last sentence under Section 9(a) "at the time of continuance o f the plan shall be negotiated between the owner of the project and Eagle County" covers the issue. If this plan is terminate at the end of 10 years there can be another plan if necessary. Commissioner Troxel questioned if the'Forest Service SUP states the numbers of employee housing units to be provided. Mr. Conwick advised it is difficult for himself to recommend to his clients the items Mr. Boni is requesting. Commissioner Troxel stated his main concern is there was a commitment made in the Forest Service SUP for 600 units and it cannot be changed. He knows there will be a problem to locate the housing whereVVail Associates sees the.best economical gain. Mr. Leinard advised these problems will have to be worked out between the compnay and the Forest Service Commissioner Troxel wants it understood the approval of this management plan is only for Phase I. If this does not work the Board of Commissioners have the right to ask for different requirements. Section 9(a) holds Vail Associates into an agreement in the future. Chairman Grant feels the County is protected in this matter. He has concerns with trying to put into agreements a lock -in agreement when time changes things. He feels this agreement is only a trial and he feels comfortable with it. Commissioner Troxel advised, in regards to rent controls, the County is moving towards a housing authority of some type. At that time whatever phase the project is in the County may have to regulate it. Beaver Creek Management Plan Proceedings of the Board of County Commissioners_2 today Nokember term 19-8o- Commissioner 9sQ Commissioner Troxel moved the Board approve the Operating and Management plan for Phase I of Beaver Creek apartments as presented November 26, 1980. Chairman Grant seconded the motion and the Chairman declared the vote unanimous of the two voting. Su -100-80-F3 Request: Review of final plat for 108 units on 9.86 acres Beaver Creek Location: Tract B, Block 1, Beaver Creek Filing 3 Tom Boni, Assistant Planning Director, advised the next item on the agenda was the third filing of Beaver Creek. This involves the subdivision of the employee tract. Mr. Boni pointed out the location of the property. The intention of this subdivision is to create four bluiding sites. The Staff recommended approval as the technical corrections have been made. The Planning Commission also recommended approval. Commissioner Troxel moved Su -100-80-F3 be approved. Chairman Grant seconded the motion and the vote was declared unanimous of the two voting. Su -100-80-F10 Request: 3rd amendment to the first filing Beaver Creek Location: Beaver Creek PUD Tom Boni, Assistant Planning Director, advised the next item was the third amendment to the first filing of Beaver Creek. The request is to change the lot line in the commercial core of Beaver Creek. The Staff recommended approval of the technical correction to the final plat. Commissioner Troxel moved Su -100-80-F10 be approved. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Su -100-80-F12 Request: Change in Building envelope Beaver Creek Location: Lot 12, Tract F, Beaver Creek Tom Boni, Assistant Planning Director, advised the next item was an adjustment to a building envelope in the Elk Tract Subdivision. Mr. Boni presented a letter from the Design and Review Board stating they approve of the adjustment. Tim Clark, representing the owner, explained the request. Mr. Boni advised the Staff has no problem with this adjustment. Commissioner Troxel moved Su -100-80-F12 be approved. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Sm -193-80 Request: Review of a minor subdivision of a fourplex Sun Tech Location: Lot 32, Highlan Meadows #2 Builders Tom Boni, Assistant Planning Director, advised the next item was a minor subdivision for Sun Tech Builde Mr. Boni pointed out the location of the property and advised the lot is approximately 4 acres. This item has been tabled three times at the Planning Commission to allow the applicant to obtain a firm commitment of water from the.Vail Village Water and Sanitation District. Mr. Boni read a letter received from the Vail Village Water and Sanitation District stating they would provide water services to.the project as df November 16, 1980. The County Attorney has stated the County is secured under the Subdivision Improvements Agreement of Highland Meadows Filing 2. Accordingly the Staff recommends approval of this subdivision of a four unit lot to have two duplexes on it. The Planning Commission recommended approval subject to a Subdivision Improvements Agreement commiting to completion of the driveway and parking. Commissioner Troxel questioned if the road is accepted by the County. Mr. Boni responded it has not been. He suggested putting a plat note on the plat stating the road is not accepted for maintenance. Commissioner Troxel asked kif there has been a bond submitted for improvements. Mr. Boni advised the Certificates of Occupancy would not be issued until the improvements are completed. Commissioner Troxel moved Sm -193-80 be approved with a plat note concerning the road acceptance status. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Sm -197-80 Request: Review of a minor subdivision of a duplex. Hays/Casalino Location: Lot 51, Block 4, Eagle -Vail #2 Jim Williams, Zoning Inspector, advised the next item was the Hays/Casalino Minor Subdivision. He pointed out the location as being Lot 51 .Eagle -Vail Filing #2. The Staff recommends approval of this minor subdivision. The technical corrections have been made to the County Surveyors letter. Commissioner Troxel moved Sm -197-80 be approved. Chairman Grant seconded the motionand the Chairman declared the vote unanimous of the two voting. Sm -207-80 Request: Review of a minor subdivision of a duplex Kleinwachter Location: Lot 48, Block 3, Eagle -Vail #1 Francis Krizmanch, Planner, advised the next item was the Kleinwachter Minor Subdivision. The Staff and Planning Commission recommended approval subject to technical corrections and proof of payment of water and sewer tap fees. The technical corrections have been made and tap fees have been paid. Commissioner Troxel moved Sm -207-80 be approved. Chairman Grant seconded the motion and the Chairman declared the vote unanimous of the two voting. Sm -210-80 Request: Review of a minor suvdivision of a duplex John Perkins Location: Lot 77, Block 4, Eagle -Vail #2 Francis Krizmanch, Planner, advised the next item was the John Perkins Minor Subdivision. The Planning Commission and Staff recommended approval. Commissioner Troxel moved Sm -210-80 be approved. Chairman Grant seconded the motion and the vote was declared unanimous of the two voting. Sm -211-80 Request: Review of a minor subdivision of a duplex Mountian High Location: Lot 55, Block 3, Eagle -Vail #1 Enterprises Francis Krizmanch, Planner, advised the next item on the agenda was the Mountain High Enterprises Minor Subdivision. The Planning Commission and Staff recommended approval subject to technical corrections and proof of tap fees being paid. As of this time the Staff has not received the tap fees. Mr. Krizmanch advised a portion of the building encroached on a set back. Ken Long, Johnson & Kunkel Surveying, explained the encroached setback. Commissioner Troxel questioned how long the building has been there. Rick Baltic, representing Mountain High Enterprises, explained the building is approximatley 3.2 feet into the easement. The building is 60% - .65% complete. Mr. Baltic advised when the error was brought to their attention they approached the Staff for direction. They are before the Board, after having been through the process, seeking approval of the final plat. Mr. Long stated Johnson & Kunkel surveyed the area and prepared the final plat. The intent was not to put the buildings in the Stone Creek Easement. As the applicants staked the building out themselves the fireplace ended up in the easement. However, the center of the easement is not the center line of the stream. Proceedings of the Board of ,County Commissioners 26th day November 4term 19 80 19— Mr. Long explained the corner of the fireplace is 42 feet from the high water mark as the stream does not follow the straight line of the easement. Mr. Long presented a letter from Howard Gardner, neighbor, stating he has no problems with this matter. He also presented a letter from the Eagle -Vail Architectural Committee stating they have no problems. Commissioner Troxel stated he would like to see a plat note explaining the situation. Jim Williams, Zoning Inspector, explained a different process in which the situation could be corrected by reducing the easement. This is the normal process which has been done previously on other projects. Mr. Baltic advised this building is encroaching the easment by only 4 feet. Commissioner Troxel stated it would not be appropriate to approve the final plan without formal action acknowledging the encroachment. Mr. Williams stated the vehicle is there to correct this and it should be taken care of by a vacation or lessening of the easement. Mr. Baltic questioned if Certificates of Occupancy could be obtained while this is being done. Mr. Williams advised occupancy is based upon completion of the buildings to the standards of the Uniform Building Code. Mr. Baltic advised they anticipate a financial burden as the bank will require a final plat. The bank may stop construction until the easement is vacated. Commissioner Troxel moved Sm -211-80 be tabled at the applicants request, until December 31, 1980 or before that time if they can work out the easement vacation in a satisfactory manner. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Request: Review of a minor subdivision of a duplex Location: Lot 57, Block 4, Eagle -Vail #2 Francis Krizmanch, Planner, advised the next item on the agenda was the Foster/Koehler Minor Subdivision The Planning Commission and Staff recommended approval subject to a driveway easement or lot line to accomplish the same. The lot line has been accomplished. Commissioner Troxel moved Sm -212-80 be approved. Chairman Grant seconded the motion and declared the .vote unanimous of the two voting. Request: Review of a minor subdivision for 8 units. Location: Lots 13 & 14, Block 5, Eagle -Vail #1 Francis Krizmanch, Planner, advised the next item on the agenda was the Nape/Kanan Bros. Minor Subdivisi The Planning Commission and Staff recommended approval subject to verification of sufficient parking. Commissioner Troxel moved Sm -212-80 be approved. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Request: Review of a preliminary plan for 111.9 acres Location: Tracts A, Block 4, E,G,H,R, Beaver Creek Francis Krizmanch, Planner, advised the next item on the agenda was Beaver Creek fifth filing. He pointed out the location on the plat. Mr. Krizmanich advised this item was tabled from October 15, 1980 until November 19 at the Planning Commission to make technical revisions. Beaver Creek has complied with all of the revisions. The Staff and Planning Commission recommended approval. Commissioner Troxel moved Su -100-80-P9 be approved. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Tom Boni, Assistant Planning Director, advised the next item was a request from Beaver Creek for a , partial release of collateral. Mr. Boni suggested taking this item at the end of the agenda as he wants to do a preliminary check, to adjust the boundaries with the description, on the map which was submitted. Roxanne Belmont, representing Beaver Creek, advised they are requesting release of six lots in the fourth filing. The remainder of the collateral will be in a future filing. Ms. Belmont advised Erik Edeen, Enviromental Health Officer, had inspected the area and gave his concurrance of completion in regards to the water and sewer. Mr. Boni stated he had examined the documents and recommeded there could be a partial release of collateral as long as the legal description for the release coincides with the legal description on the original deed. Ms. Belmont explained the collateral, Commissioner Troxel moved Lots 1, 2, 3, 19, 20, and 21 Tract I be released from the Improvements Agreement with Vail Associates of Beaver Creek subject to the Staff approval of certain technical lot line descriptions that need to be submitted before the sighning of the plat. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Request: Review of a preliminary plan for 5 single family units on 23.56 acres Location: 1.5 miles west of El Jebel, between Hwy 82 and the Roaring Fork River in Section 4, T8S, R87W Tom Boni, Assistant Planning Director, advised the next item on the agenda was the Joseph Gabossi Subdivision preliminary plan. He pointed out the location with the proposed access off Valley Road. Mr. Boni stated the.applicant is requesting to create five lots ranging in size from 4 acres to 5z acres On November 19, 1980 the Planning Commission recommended approval with the following conditions: 1. Road drawings showing a 75' radius should be submitted with the final plat. 2. A plat restriction requiring engineered septic systems and engineered foundation design for construc- tion located within 50' of th e top of the bank should be placed on the final plat. 3. There should be a 50 foot setback from the high water mark of the river. 4. Utility easements, 20 foot width, are needed on the final plat. 5. The developer must obtain a Floodplain permit. Mr. Boni stated with these conditions the Staff would also recommend approval. Chairman Grant questioned if there are any building sites on the river. Mr. Gabossi advised all of the building sites would be at least 30 feet above the river bottom:, Chairman Grant stated he could not understand why a Floodplain permit is necessary since there is a 30' drop off to the river. Mr. Boni advised upon the County Attorney's opinion any development activity including subdivision activity that includes land within a floodplain must obtain a permit at the same time of any other approval. Commissioner Troxel questioned of the Baord can waive the floodplain requirements in some instances. Mr. Gabossi advised he had previously spoken of putting envelopes on the final plat to guarantee no one would build in thi floodplain. Mr. Boni advised to determine the floodplain area a permit would still be necessary. Obtaining a permit is a two month process. Mr. Boni presented a letter from the School District concerning School Land Dedication. Commissioner Troxel moved Su -143-80-P be approved at preliminary plan stage with the following condition 1. Road drawings showing a 75' radius should be submitted with the final plat 2. A plat restriction requiring engineered septic systems and engineered foundation design for construction located within 50 foot of the top of the bank should be placed on the final plat. 3. There should be a 50' setback from the high water mark of the river. Sm -212-80 Foster/Koehler Sm -212-80 Nape/Kanan Bros. Su -100-80-P9 Beaver Creek Fifth filing Beaver Creek release of collateral Su -143-80-P Joseph Gabossi Proceedings of the Board of County Commissioners- 2rth day November term 19 80 19 4. Utility easements„ -20 foot width, are needed on the final plat. 5. The developer, if determined by the Board, must obtain a floodplain permit before final plat. Chairman Grant seconded the motion and the Chairman declared the vote unanimous of the two voting. Sm -179-80 Tom Boni, Assistant Planning Director, advised the next item on the agenda was the Barbara Hansen Minor Barbara Hansen Subdivision Final Plat. Mr. Boni advised the Board approved the subdivision subject to a plat restriction prohibiting future subdivision of the parcel. The applicant has met the requirement and requests -the plat be signed. Commissioner Troxel moved the Chairman sign the final plat. Chairman Grant seconded the motion and declared the vote unanimous. The Chairman signed the plat. Se -229-80 Virginia Kauer appeared and requested the next three items be tabled until December 8, 1980 because of Vail Inter- inability to obtain the owner signatures on the final plat. Mountain Commissioner Troxel moved, at the applicants request, Se -229-80, Se -232-80, and the application for Se -232-80 Lot 1 Block 8 of Intermountain Development be tabled until December 8, 1980. Hackman Exempt Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Lot 1, Blck 8 Davos Trail - Susan Vaughn, Planner, read a letter from Kay Manternach concerning the non-existant cul-de-sac at the unfinished end of Davos Trail. The letter stated Ms. Manternach had purchased a lot in Vail Ridge with the understanding cul=de-sac a cul-de-sac would be installed, as shown on the plat. As of this time there is no cul-de-sac. :Ms. Manternach requested the problem be recitified before the possibility of the annexation of West Vail to Vail. Ms. Vaughn advised Ms. Manternach had stated Alex Paul would be representing her at this hearing. She is requesting the Commissioners commit to putting in a cul-de-sac. Commissioner Troxel advised the problem is the subdivision was approved in 1964. At that time the roads were accepted and it does show on the plat a 60' or 70' cul-de-sac. The reason it was never put there is it is going to require retaining walls and taking alot of Lot 15. Commissioner Troxel stated the Board could consider to put in a turn around at the next budget. There will probally never be a cul-de-sac. Chairman Grant advised he has looked at the area. There is no way a cul-de-sac could be put there. Commissioner Troxel advised he would prefer putting in..a retaining wall along Mr. Phillip's property. If Mr. Paul appears at this hearing today this item could be brought up again. If he does not appear, Commissioner Troxel suggested writing a letter to. Ms. Manternach stating the County will try to work out a turn around solution for that area. Sun River Tom Boni, Assistant Planning Director, advised the next item on the agenda is a request for a decision on the final plat procedure of Sun River. Mr. Boni advised a preliminary plan was approved for that project. The developer has recently submitted the following modifications to that plan: 1. access 2. slight shift in unit arrangement The Planning Commission reviewed the application and tabled the applicant. Mr. Paul Eklund is present requesting direction in regards to his final plat procedure. Paul Eklund, applicant, advised they are using a modular concept on this site.whereas the individual units are built at a seperate manufacturing faciltiy. The problem is the completion of each buildingfall,-- two all:two weeks apart. The final plat cannot be recorded until the buildings are measured and verified by a surveyo Mr. Eklund requested the Commissioners approve the final plat contingent upon final measurements by the surveyors. He explained the closings at the bank have to be by buildings rather than phases. Ken Long, Johnson and Kunkel Surveying, advised they know exactly where the modular units will be situated. The plat is almost complete but the units are not there yet. The request is for the Board to approve the plat and sign it before the surveyors sign it. Mr. Eklund advised they need to close on units in one of.the buildings before the Commissioners meet at the end of January. Chairman Grant advised this would be setting a precendent and he does not approve of doing it. Mr. Eklund stated it will cause a financial burden if they have to wait on their closings. Commissioner Troxel stated the surveyor has always signed the plat before the Chairman of the Board. The Chairman's signature is the final signature on the plat. Mr. Eklund requested the Board sign the plat contingent upon the surveyor's stamp. Mr. Boni stated another issue involves the fact the Planning Commission tabled the applicant and the preliminary plan has not been forwarded to the Board of County Commissioners. Jim Williams advised this is a revision to the preliminary plan. Mr. Boni advised the issues and concerns the Planning Commission had --have been addressed but the Planning Commission has not heard the revised plan. Mr. Boni read the regulations -on a revised preliminary plan in a PUD. Commissioner Troxel questioned if the applicant is using the Subdivision or PUD process. He agreed the Board cannotrule on a final plat the Planning Commission has tabled. Mr. Boni advised the applicant followed the subdivision procedures to obtain his preliminary plan. However, the subdivision is of a lot in the Eagle -Vail PUD. Mr. Eklund asked if the applicants could procure the Zoning Administrator's approval and withdraw their application from the Planning Commission. Mr. Boni advised it would depend on a legal opinion from the County Attorney. Commissioner Troxel advised he cannot presuppose an application before hearing the Planning Commission recommendations. Mr. Eklund asked that his request for decision on the final plat be withdrawn. Plats signed The following plats were signed by the Chairman in the presence of Commissioner Troxel: 1. C -H Duplex 2. Foster -Koehler Subdivision 3. John Perkins. 4, Hays/Casalino 5. Vail Eagle Condominiums 6. Hansen & Hansen Subdivision 7. Third amendment to 1st filing of Beaver Creek 8. Beaver Creek 3rd amendment to the first filing Block 1 Tract A 9. Beaver Creek Subdivision 3rd filing. Meadow Creek Tom Boni, Assistant Planning Director, advised the next item concerned the Meadow Creek Road Improvements Road Improve- He advised the Meadow Creek project is a condominium project in a high density area adjacent to Vail Inter- ments. mountain. Mr. Boni advised one of the conditions of preliminary plat approval was the bridge and roadway must be completed before Certificates of Occupancy would be approved. Mel Atwell, County Engineer, advised he has inspected the bridge and the roadway. Mr. Dietz is requestin the County to take the responsibility of removing the snow from the new bridge and roadway. Mr. Atwell advised in regards to the inspection of the road the pavement is already failing. There are Proceedings of the Board of County Commissioners 26th day November term 19_Ro 19 problems with the shoulders. He would recommend the County not accept this road until the road has a stable structure to it. Commissioner Troxel stated if an agreement could be reached to protect the County from liability the road should be kept open. If an agreement could not be reached the road should be closed for the winter. Commissioner Troxel suggested deferring this matter until later in the afternoon to give the applicant time to appear at this hearing. Tom Boni, Assistant Planning Director, advised the next item was a request from Casa del Sol to appeal Casa del Sol the Planning Commission decision to table their final plat. The Planning Commission reviewed this item on November 19, 1980 and tabled the final plat to allow the applicant to : 1. Resolve floodplain concerns (a) what impacts has the infilling of the 30' setback had on the 100 year floodplain 2. Obtain letter from the Army Corp of Engineers concerning the streamside construction activities which have occured. Coordinate this correspondence with the Enviromental Health Office. 3. Implement the landscaping plan submitted with the preliminary plans to the extent possible given the lateness in the season. Remaining items not completed should be included in a Subdivision Improve- ments Agreement. Neil Nedelisky, developer of project, advised he is appealing the Planning Commission decision based on ordinance 3.09.01 which states the Commission may continue its review of the:plat for additional infor- mation if a determination is made that the plat or prior conditions are not yet complete. Mr. Nedilisky advised his interpretation of this is the Planning Commission is not allowed to table this item. They may deny the request based on the conditions they have and submit it to the Board of County Commissioners. Mr. Nedelisky stated another reason this item cannot be tabled is the Planning Commission placed a new condition requesting a 100 year floodplain study. Tom Boni believes the one issue is the floodplain study was not mentioned in the preliminary plan. However, the Planning Commission hearings brought out a concern that the land behind the buildings should be left in a natural state. The Planning Commission, subsequent to that, reviewed the final plat and found there were areas within that 50' streamside setback which had been infilled and they were very upset. Mr. Boni feels once the 100 year floodplain may have been distured it may have impacts on adjacent properties. Mr. Nedelisky explained the circumstances of the floodplain being disturbed. He advised there was a problem with the sewer near the creek. The sewer kept backing up and spilling sludge all over the ground. - Mr. Nedelisky stated he had informed Les Douglas, Building Inspector, and Jim Williams, Zoning Inspector, of the problem. They suggested he rectify the problem with riff-raff and backfill. Mr. Nedelisky stated his loan commitment expires December 1, 1980. If he does not close by then he will lose his long term commitment and his $70,000.00 down payment. Mr. Boni advised when the applicant applied for a final plat the Staff indicated concerns with the bike path._ and the landscaping plan had differences between the way it was installed and on the plat. The Staff had directed the applicant to submit a Subidvision Improvements Agreement for these improvements: When the Staff presented the recommendation of approval, subject to those conditions, to the Planning Commission they felt concerned about the activities that had taken place at the back of the units. The: Planning Commission had not been aware of the discussion that had taken place between the applicant and the Building Department. John Perkins, architect of the project, stated the Staff recommendation was for approval with conditions. He feels the infill situation is minimal. The Planning Commission asked for a complete study of the flood - plai.n and he feels this is unfair and would be an undue hardship. Jim Williams, Zoning Inspector, described his version of the situation. In March he redtagged the project to make the developer aware of the regulations of the 30' streamside setbacks. Based upon the redtagging the applicant requested a meeting with the Staff. At that meeting the sewer situation was discussed. The concensus was the County would not look unfavorably upon the improvement of that area for the basic reason it would provide a better situation than having the sewer back up and overflow. Erik Edeen, Enviromental Health Officer, had specific problems that the amount of fill could cause the 100 year floodplain to change. Mr. Nedelisky advised he had contacted the Corp of Engineers and they stated if there is a sludge problem and it is not a wetland they wanted it covered up. Beth Whittier, County Attorney, advised the basic problem is whether the Planning Commission exceeded their authority by statute. If they did not the Board of County Commissioners has no jurisdiction to hear this matter today. The Planning Commission cannot place any additional conditions at final plat stage. If the Planning Commission did not have the authority to add additional conditions this Board has the power to review the matter without Planning Commission recommendations. ' Chairman Grant questioned if the Planning Commission added conditions on the final plat which were not on the preliminary plan. Mr. Boni believes two of the conditions were directly related to the preliminary plan. The third condition, the 100 year floodplain, was a result of differences between the contouring originally anticipated and the contouring that appeared. Ms. Whittier advised the Board needs to look at the conditions they placed on the preliminary plat. Those are the conditions the Planning Commission has to review to determine if they have been complied to for final plat approval. If the final plat has been changed substantially from the preliminary plan the Planning Commission can rightfully table it. Mr. Boni read the condition= the Board had placed on the preliminary plat that a bike path be provided on the -Northern -.side of the project (per drawings). Mr. Perkins advised when the preliminary plat was approved the Town of Vail had recommended the bike path run to the south of the project. Mr. Perkins feels submitting a bond at this time is better than actually having the path. At this point of the meeting the Board recessed for an executive session with the County Attorney. When the meeting reconvened Commissioner Troxel moved in regards to the Casa del Sol request that the Board of County Commissioners honor the appeal of the applicant. In doing so the Board determines the request to table the final plat by the Planning Commission be overturned. The reason being one of the conditions set was not in the preliminary plan approval conditions that were set by the Board of County Commissioners. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Commissioner Troxel advised in regards to the Board hearing the application today the County does not have an Improvements Agreement drafted. It is the policy of the Board to not conditionally approve final plats. He advised there is a public meeting December 1, 1980. Commissioner Troxel moved to set the hearing on this matter for December 1, 1980 between 9:00 A.M. and noon. At that time the Board will determine to approve or deny the final plat application. Chairman Grant seconded the motion. Ms. Whittier questioned what the Subdivision Improvements Agreement would specifically relate to in regards to public improvements. Mr. Boni advised the Subdivision Improvements Agreement should reflect the type, size, and number of treesMr. Williams advised there were plans submitted for the bike path. The Chairman declared the vote unanimous of the two voting. Proceedings of the Board of County Commissioners Hib—day___November term 19 -so- 19— The Board directed the Staff to attend the Planning Commission meeting to explain the motion and the reason for -it. Davos Trail Susan Vaughn, Planner, advised Mr. Alex Paul was present to discuss the non-existant cul-de-sac on Davos Trail, Mr. Paul explained the situation of the non -existing cul-de-sac. He advised the major concern is of accidents occuring while people are attempting to turnaround in this area. He suggested a dead end sign or a guard rail might be installed. Mr. Paul stated the plat shows a cul-de-sac was platted to be in this area. Commissioner Troxel explained the County did not install the cul-de-sac due to lack of funds. He agreed the County could put up signs to make people aware this is a dead end road. Me] Atwell, County Engineer, advised the Pulbic Works Director of Vail and the Road Supervisor for Vail toured the area and are aware of the situation. The Board concurred a sign would be placed at the area advising it is a dead end. Mr. Paul asked who would be responsible for putting in a guard rail in that area. Commissioner Troxel advised the Board cannot commit to a guardrail at this time. Mr. Paul questioned:if the residents could have the sign built and put up. Mr. Atwell advised this could be done as long as it could be built for a reasonable price and meets the Manual of Uniform Traffic Control Device specifications. Stephens Susan Vaughn., Planner, advised Mr:. Allen Stephens is appealing a decision of the Staff's determination Appeal that he needs a Major Subdivision rather that a minor Subdivision on his property. Mr. Stephens' land is zoned Residential Multiple Family. Mr. Stephens is requesting to divide his property into six lots. This would normally be a minor subdi- vision. However, in May of this year the Commissioners adopted a regulation which states if a minor subdivision has to have a Subdivision Improvements Agreement it then becomes a major subdivision. Mr. Stephens has water.and sewer lines on his property. There is a road which has a sub -base but no pavement. Mr. Stphens would have to pave that road although he does not intend to develope that particular land for quite a period of time. Mr. Stephens has stated he will do a Subdivision Improvements Agreement which states he does not intend to improve that land in the immediate future but at such time as he decides to sell the lots he would bring it up to County standards. However a Subdivision Improvements Agreement would constitue a major subdivision. Ms. Vaughn presented a drawing of the project. Mr. Stephens stated he does not want to do -aa subdivision on one lot. Commissioner Troxel questioned if the other lots could be left out of the application. Ms. Vaughn advised he wants to subdivide all of the land in one process. Commissioner Troxel stated the problem he has is the Board has made other subdividers adhere to the regulations. Tom Boni, Assitant Planning Director, explained why the Staff is requesting a standard subdivision rather than a minor subdivision. Mr. Stephens questioned if he could submit a bond to build the road. Mr. Boni advised there would also have to be a bond for putting the sewer lines to the lots. Ms. Vaughn advised Mr. Stephens concern is the act of putting up a bond forces him to go into a major subdivision. Commissioner Troxel moved the Board, in this particular application, discussion concerning Mr. Stephens' property, that in the event he applies for this particular application by December 1, 1980 it be a minor subdivision. Also, the Staff should be alerted there.needs to be a bond type collateral arrangement for the lots that are not going to be developed upon. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. George Thatche"r At this time Commissioner Troxel moved, in regards to the Chairman's signature stamp being used on George Thatcher's transfer application, Linda Hatton, Deputy County Clerk, be authorized to stamp the application. Chairman Grant seconded the motion and the Chairman declared the vote unanimous of the two voting. American Susan Vaughn, Planner, advised the Board had previously tabled the American Quasar Special Use Permit Quasar SUP review as there was no one present to represent them. Ms. Vaughn advised she had contacted a representative of Alnerican Quasar and they stated they no longer needed the SUP. Commissioner Troxel moved the Board rescind the SUP for American Quasar, file # Zs -12-76. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Meadow Creek Tom Boni, Assistant Planning Director, advised he had scheduled Meadow Creek Road Improvements on the Road Improve- agenda by a request from Carl Dietz. ments Mr. Boni advised the issue revolves around the road and bridge which was required with the Meadow Creek file. Mr. Atwell has inspected those improvements. There is a condition on the preliminary plat which withheld Certificates of Occupancy until the improvements were completed. Carl Dietz, applicant, requested the County accept the road and the bridge for maintenance. He advised the road has been inspected and there are a few bad spots in the base. His main concern is to have the road open for the winter and for it to be maintained by the County. The County cannot accept the road for maintenance because the County Engineer will not approve the road with the existing problems. Chairman Grant advised his problem is that as soon as the County plows the road everyone thinks it is a County road. He wants to be protected, in writing, that the County will not be liable if the plow tears up the road due to its present condition:. Mr. Dietz stated he does acknowledge there is a problem with the road.. Mr. Atwell advised the road will probally get worse during the winter. He suggested a contract agreemen be drawn up between the County and Mr. Dietz stating the County will plow the snow during certain months. At the completion of the contract the road would be reinspected and repairs accomplished by the developer. Beth Whittier, County Attorney, advised she would prefer having a modified Subdivision Improvements Agreement. Commissioner Troxel moved in regards to the Meadow Creek Subdivision the County Attorney be instructed to draft a modified Subdivision Improvements Agreement. The developer be required to post the necessary collateral to repair the road. The County will maintain that portion of the road for a period to begin December 1, 1980 until May 31, 1981. The former collateral arrangement of issuing Certificates of Occupancy be deleted from the requirements. Chairman Grant seconded the motion. Ms. Whittier requested the motion be amended to include the County will be held harmless for any accidents and/or damage that occurs pretaining to the condition of the road. Mr. Atwell advised there is a possibility of portions of the road caving away and there may be problems. i.7:2C._ Proceedings of the Board of County Commissioners -2 —6t —hf November term 19,gn Mr. Dietz questioned why he could not repair the road at this time. Mr. Atwell stated there will be the same conditions due to the weather. It is not a good construction practice to repair roads in winter weather. Commissioner Troxel amended his motion to state the road is not acknowledged as a County accepted road at this time. Chairman Grant seconded the amendment and declared the vote unanimous of the two voting.' There being no further business to come.before the Board the meeting was adjourned until December 1, 1 J. ,�7 "'e", Chairman Attest: erc to the oar Mill Levy Certificati Proceedings of the Board of County Commissioners 1st _day December term 19 ao REGULAR MEETING Present: Dale Grant Chairman Ella Bindley County Assessor Keith Troxel Commissioner Beth Whittier County Attorney Dan Williams Commissioner Linda Hatton Secretary to Clerk This being the regular meeting of the month the following items were presented, to wit: Ella';B'i;ndley, County Assessor, presented the following Mill Levies for the Board's review. iPm to the Board 1. School Districts 2. County 3. Cities and Towns 4. Local Improvements and Service Districts 5. Predatory Animal & Pest After much discussion of the mill levies Commissioner Troxel moved to certify the mill levies according to what legal action the Board can take today and authorize Ella Bindley to make any changes the State provides. MinutesII Commissioner Troxel moved the minutes of October 14, 28, a9, November 3, 4, & 7 be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Floodplain Beth Whittier,.County Attorney, advised on September 24, 1980 the Board adopted the Floodplain Regulati Regulations for the County of Eagle. Pursuant to statute the County had to submit the Floodplain Regulations to the Colorado Land Use Commission for their recommendations. The Colorado Land Use Commission submitted the following recommendations: 1. within section 6-402, 403, & 404 there be a statement that no person shall engage in any development in any flood prone, flood way, or flood fringed district without a permit. 2. misnumbered section Ms. Whittier presented a Resolution amending the Floodplain Regulations to reflect these technical changes. Chairman Grant questioned if a permit is required on a lot.which has the building envelope specified to not be within the Floodplain area. Ms. Whittier advised there will be changes to the Regulations submitted in January. She suggested the Board delegate to Erik Edeen, Enviromental Health Officer, the authority to administratively approve allowed uses. They would still need a floodplain permit but it would be a simplified procedure. Mr. Edeen suggested initially the administratively issued permits be brought before the Board for the Board's review. Ms. Whittier advised the Denver Water Board recommended ommiting the criminal liability and specify the fees for the permit. Ms. Whittier feels these should be incorporated into the amendments. Commissioner Troxel moved the Board sign 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 # 80-25 as amended by Resolution #80-34 and 80-50 respectively. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Inn at West At this time the Board adjourned as the Board of County Commissioners and reconvened as the Local Vail Liquor Licensing Authority. Beth Whittier, County Attorney, presented a renewal application from James Craddock for the Inn at West Vail. There have been no complaints filed against this establishment. Commissioner Williams moved the renewal be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Penny Baker/ Hubert --Peterson, County Treasurer, appeared to discuss a tax certificate purchased by Penny Baker on Tax Certificat the Copper Spur in 1969. She has lost the certificate and needs a Resolution from the Board that she.,.is the owner of the certificate. She does have a Quit Claim Deed for the property. Mr. Peterson advised they need the certificate to get it off the books. Beth Whittier, County Attorney, advised she would type an affidavit for Ms. Baker to sign in regards to the certificate. Tax Certificate Hubert Peterson advised the next item was an application for the County to take a deed on a piece of property owned by Dave Elmore. The County is eligible for the deed. Commissioner Troxel moved the Board sign the application concerning tax certificate -#152. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. State Land Beth Whittier, County Attorney, advised the County had charged taxes an State land property because Property taxe there was a building on it which was being leased. The taxes were not paid and it went to sale. It is the Attorney General's opinion if the State leases to another person no taxes are due. Hubert Peterson advised the County has a number of these certificates that have been issued for 1978 taxes payable in 1979. The one in question was for 1976 taxes payable in 1977. He has no problem giving a deed to it. The only other choi=ce is to redeem it and pay the purchaser his interest. Mr. Peterson advised the monies appropriated to each district would have to be collected. Ms. Whittier read the statute which stated before 1979 it should be a debt from the lessee or user to the Board. She suggested issuing a Treasurer's Deed. Chairman Grant questioned if the County redeems this one do they have to redeem the rest of them. Commissioner Williams seconded the motion and the vote was declared unanimous by the Chairman. Su -127-80-F Beth Whittier, County Attorney, advised she had received a bond in the amount of $$10,000.00 from Imperial Imperial Development. The bond includes landscaping and a bike path. She has also received a Subdivision Development Improvements Agreement with a completion date of November 28, 1981. Ms. Whittier advised the original Subdivision Improvements Agreement includes two exhibits. The first exhibit sets forth the incurred cost for the public improvements. The second exhibit is a plat showinq the landscaping. Tom Boni, Assistant Planning Director, advised the Board heard this item previously and indicated a Subdivision Improvements Agreement was needed for the construction of the bike path on the preliminary plan and the completion of the landscaping. Mr. Boni feels the applicant has met the conditions and the Staff recommends approval. Commissioner Troxel moved Su -127-80-F be approved. Chairman Grant seconded the motion. The vote was declared two in favor; Commissioner Williams abstaine Commissioner Troxel moved the Chairman sign the Subdivision Improvements Agreement between Casa del Sol and the Board of County Commissioners. Chairman seconded the motion. The vote was declared two in favor; Commissioner Williams abstaining as he had not been present at the previous hearing on this matter. MinutesII Commissioner Troxel moved the minutes of October 14, 28, a9, November 3, 4, & 7 be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Floodplain Beth Whittier,.County Attorney, advised on September 24, 1980 the Board adopted the Floodplain Regulati Regulations for the County of Eagle. Pursuant to statute the County had to submit the Floodplain Regulations to the Colorado Land Use Commission for their recommendations. The Colorado Land Use Commission submitted the following recommendations: 1. within section 6-402, 403, & 404 there be a statement that no person shall engage in any development in any flood prone, flood way, or flood fringed district without a permit. 2. misnumbered section Ms. Whittier presented a Resolution amending the Floodplain Regulations to reflect these technical changes. Chairman Grant questioned if a permit is required on a lot.which has the building envelope specified to not be within the Floodplain area. Ms. Whittier advised there will be changes to the Regulations submitted in January. She suggested the Board delegate to Erik Edeen, Enviromental Health Officer, the authority to administratively approve allowed uses. They would still need a floodplain permit but it would be a simplified procedure. Mr. Edeen suggested initially the administratively issued permits be brought before the Board for the Board's review. Ms. Whittier advised the Denver Water Board recommended ommiting the criminal liability and specify the fees for the permit. Ms. Whittier feels these should be incorporated into the amendments. Commissioner Troxel moved the Board sign 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 # 80-25 as amended by Resolution #80-34 and 80-50 respectively. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Inn at West At this time the Board adjourned as the Board of County Commissioners and reconvened as the Local Vail Liquor Licensing Authority. Beth Whittier, County Attorney, presented a renewal application from James Craddock for the Inn at West Vail. There have been no complaints filed against this establishment. Commissioner Williams moved the renewal be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Penny Baker/ Hubert --Peterson, County Treasurer, appeared to discuss a tax certificate purchased by Penny Baker on Tax Certificat the Copper Spur in 1969. She has lost the certificate and needs a Resolution from the Board that she.,.is the owner of the certificate. She does have a Quit Claim Deed for the property. Mr. Peterson advised they need the certificate to get it off the books. Beth Whittier, County Attorney, advised she would type an affidavit for Ms. Baker to sign in regards to the certificate. Tax Certificate Hubert Peterson advised the next item was an application for the County to take a deed on a piece of property owned by Dave Elmore. The County is eligible for the deed. Commissioner Troxel moved the Board sign the application concerning tax certificate -#152. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. State Land Beth Whittier, County Attorney, advised the County had charged taxes an State land property because Property taxe there was a building on it which was being leased. The taxes were not paid and it went to sale. It is the Attorney General's opinion if the State leases to another person no taxes are due. Hubert Peterson advised the County has a number of these certificates that have been issued for 1978 taxes payable in 1979. The one in question was for 1976 taxes payable in 1977. He has no problem giving a deed to it. The only other choi=ce is to redeem it and pay the purchaser his interest. Mr. Peterson advised the monies appropriated to each district would have to be collected. Ms. Whittier read the statute which stated before 1979 it should be a debt from the lessee or user to the Board. She suggested issuing a Treasurer's Deed. Chairman Grant questioned if the County redeems this one do they have to redeem the rest of them. Proceedings of the Board of County Commissioners 1st day December term 19 80 19— Mr. Peterson feels they would all have to be redeemed. The total amount of the others would be $554.00. Commissioner Williams moved to redeem the certificates. Chairman Grant seconded the motion. The vote was declared two in favor; Commissioner Troxel abstaining. Mr. Peterson requested a letter authorizing him to redeem the State Land Lease Tax Certificate. Jack-"D'Orio, Extension Agent, presented the Budget Review for.Extension, Pest & Weed, Fairgrounds, and the Fair. He advised the Assistant Administrator has appropriated these deficits in the Supplemental Appropriations. Mr. D'Orio advised another item he needs the Board's opinion on is whether ranchers can use the Fairgrounds for shipping cattle. The Board concurred they have no problem with this as -long as the County has no liability. Tim Tunnell, Purchasing Agent, appeared in regards to patching the gym roof. He advised they have tried using chemical patching material. He feels it is only a makeshift situation. Chairman Grant feels the Town of Eagle should share in the costs. Ray Tincza advised according to the contract between the County and the Town of Eagle the County has the responsibility of maintaining the outside of the building. Mr. Tunnell advised to repair the gym roof will cost $7,000.007$10,000.00. Commissioner Troxel feels the contract should be on a better basis. He would prefer to pay for the services rather than with trades. He would prefer to renegotiate the lease with the Town of Eagle. Commissioner Williams suggested considering setting up a dialogue with the Town and the Recreation District to make an arrangement for leasing the gym to the Recreation District. Commissioner Troxel stated he does not want to commit to a long term agreement. He does not mind re -roofing the gym as long as there is an agreement with the Town for everyone to pay a fair share. Mr. Tincza advised he just wanted to bring the problem to the Board's attention and start working toward a fair share. The Board directed Mr. Tunnell to obtain estimates on replacing the roof. Mr. Tunnell advised the next item he had concerned some lights which went out in the District Court hallway. He advised it will cost approximately $260.00 for labor and parts. The Board directed Mr. Tunnell to have the lights replaced. Mr. Tunnell advised the County Sheriff is requesting security measures for the County Courthouse. He wnats to replace all of the wooden doors with steel doors. Mr. Tunnell presented the AMC Eagle and Cherokee specifications for the Sheriff. Discussion followed on the vehicles and the Board concurred the $18,000.00 purchase is allowed in the budget. Mick Kasher, Assistant Administrator, discussed another proposal of the Sheriff of a crime computer hook-up. This computer will hook into the State computer. Sheriff Haynes appeared and advised he had received information that there is a list of counties requesting to use the State grant. Eagle County is very low on the list. The State would pay the monthly maintenance and phone costs. Mr. Tunnell advised the installation cost would be $5,665.00. The monthly maintenance would be approximately $60.00: with $25.00 for the telephone. Chairman Grant stated if it is in the budget and will be beneficial to the Sheriff's Department he will agree to the purchase. Commissioner Williams and Commissioner Troxel concurred to purchase the computer out -right as it is a small purchase. Discussion followed on the security of the Court House building. Chairman Grant reminded Sheriff Haynes the Board did not want to spend too much money on the old jail facility as there will be a new facility built in the future. The Board directdd Mr. Tunnell to order mesh and get the mesh put on the jail cells. During discussion on the AMC Eagle and the Cherokee for the Sheriff's Department Commissioner Troxel advised he does not feel air conditioning is appropriate for public vehicles. The Sheriff would have to . prove if other government cars have air conditioning. The Board thanked Sheriff Haynes for appearing. Beth Whittier, County Attorney, advised the Board had directed her to set up a time at which Mr. Whittaker could come before the Board to discuss.a possible revision to his lease. This was based upon a request from the Road and Bridge Supervisor. Mr. Pilcher wanted to revise the lease so he would be able to obtain more gravel from the gravel pit. Susan Vaughn, Planner, explained she had originally discussed the matter with Mr. Pilcher at the time of the annual review. Mr. Pilcher had stated he wanted to increase the tonn&ge because it is not feasible to only take out 10,000 tons of gravel for the needed road work. Chairman Grant discussed the conclusions the Board had reached that improving the road would not warrant the road work for the amount of gravel to be taken. Commissioner Troxel advised the gravel trade-off is not the question at this time. The question is the road to get to the gravel pit is going to have to be upgraded. He feels there are better locations for a pit for the County. All roads in the County will be gravelled on a priority basis. Susan Vaughn, Planner, advised it is the Staff's recommendation the permit be rescinded. The original permit was given with the condition the road be upgraded. Since it will probably prove to be economically unfeasible to upgrade the road it will probably not be done for some time to come. The Staff believes the permit should be rescinded and another place found for the site. Mr. Whittaker stated there is only ; of a mile of the road which would have to be built. He offered to double the amount of gravel in the lease plus 25t per yard after that for two years. Commissioner Troxel stated, after reviewing the site, he feels the County can find a gravel pit in a better location. He does not feel this is an appropriate area to haul out gravel due to the condition of the road. Commissioner Williams stated it is not practical to put that much more traffic on Bruce Creek Road with the condition it is in. Putting gravel on the road will not solve the problem. He agreed the road will be done on a priority basis. It will be incumbent upon the Board to find a gravel pit site in the Brush Creek or Eagle area. Mr. Whittaker questioned if the Board is just going to forget the matter. Chairman Grant advised he does not want to reject the total idea of the pit, providing: the gravel can be economically taken out. He would like to investigate if a closer location can be found.. If another location cannot be found the lease might be renegotiated. The Board concurred. Ms. Vaughn advised there was a gravel resource map and a possible option would be to locate owners of these areas and determine if they would be willing to allow a gravel pit on their property. Another option would be to ask the current permit holders in the County their selling prices. Commissioner, Troxel moved the option stay open until alternate sites are reviewed. The lease should be terminated under a mutual agreement until a new lease can be discussed that would be agreeable to both parties. Commissioner Williams seconded the motio because a better location may be possible. The Chairman declared the vote unanimous. Jack D'Orio Grounds & Bldgs Sheriff's Dept. 7 Whittaker Gravel Pit Lease 33� Proceedings of the Board of County Commissioners -----Ls _t day December term 19 80 19. Beth Whittier, County Attorney, presented a proposed Resolution which repeals the conditions the Board Rocky Mountain Airways placed on Rocky Mountain Airways on July 14, 1980. The two conditions concerned a schedule for air carrier service to the Avon STOLport and that RMA would maintain two.round trips per day to -the Eagle County Airport. One of the problems with these conditions was the lack of communication between RMA and the public concerning complaints. Ms. Whittier advised Rocky Mountain Airways had agreed to submit a Memo of Understanding to the Board. The Memorandum of Understanding would include that RMA would maintain an air carrier flight schedule for the general public relative to service to the Avon STOLport and they would specify under what circumstances, excluding economic conditions, these flights would be cancelled. They would establish a means where complaints of the public could be directed to RMA. Ms. Whittier submitted the Resolution and advised at this time Rocky Mountain Airways does not have the Memo of Understanding. They are working on it and will -submit it as soon as it is done. Commissioner Troxel stated it is hard to sign a Resolution with no Memorandum of Understanding. Ms. Whittier explained if this matter is not settled soon she will have to file a brief continuing the law suit. She has already requested two extensions. of time. Commissioner Troxel moved the Board sign a Resolution amending and readopting SUP Zs -42-77 as amended be Resolution dated August 7, 1977 entitled :Contingency Plan" and Resolution #80-41 Rocky Mountain Airways, Inc. be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Ms. Whittier advised the next item was a proposed contingency plan, submitted by J.B. Stone, concerning x unauthorized and emergency uses at the Avon STOLport. She presented the Board with a proposed draft and.a Resolution. Ms. Whittier advised there have been some changes made to the original contingency plan. She discussed the changes and additions. Commissioner Williams questioned if there was anything in the plan RMA could not comply with. Mr. Stone stated the only problem he sees is getting the unauthorized people to sign the release of County liability, Commissioner Williams moved the Resolution amending .and readopting SUP Zs -42-77 as amended -by Resolution dated August 7, 1979 entitled "Contingency Plan" and REsolution #80-63 Rocky Mountain Airways, Inc. be approved. Commissioner Troxel secondedvthe motion and the Chairman declared the vote unanimous. Berry Creek Fred Green appeared to discuss the roads in Berry Creek. He advised the roads in Phase I have not been Roads accepted for maintenance. They have not requested the roads to be accepted due to the program whereby the roads are being paved the second summer after construction. He advised the roads have been dedicated and requested they be plowed, Chairman Grant advised the County does not maintain, including plowing, the roads until 2 of the lots are sold. Commissioner Troxel does not believe ther Road and Bridge Supervisor took into account any Berry Creek roads in his 1981 budget. Commissioner Williams does not feel there would be a problem with the County occasionally winging the road back. The Board has a policy or regulation they will not accept roads for maintenance unless they are inspected for that purpose prior to November 1. Chairman Grant stated he has a problem with maintaining the roads before they are complete. Mr. Green requested a schedule of when the Board would be willing the accept the.roads. Discussion followed on the road being plowed. The Board agreed, if it is possible and there is enough time, the road would be plowed and winged back from time to time but not on a regular basis, f Sheriff's Dept Mick Kasher, Administrative Assistant, presented personnel action matters from the Sheriff's Department. The matters involve one..promotion, one merit raise, and one resignation. The promotion was effective in October but was not put on a personnel action form until the end of November. The Sheriff has hired a new secretary before the former secretary has presented a formal resignation. The Board concurred there is no problem with the new secretary as long as there is a formal resignation from the former secretary. The promotion would be effective as of November 1. Lily Forster/ Sick Leave Lily Forster, Deputy County Clerk, appeared to discuss reimbursement of her unused sick leave. She stated she had been hired under the policy that she would receive half of her sick leave when she retired. The Board advised the policy has been changed. Discussion followed on cases similar to this one. The Board concurred Mrs. Forster would not receive her unused sick leave. Council of Chairman Grant advised the next item on the agenda was the Council on Aging. He stated he had received Aging a call the night before from the_ ,Basalt group who are well satisfied with their bus and services. Commissioner Troxel advised Commissioner Williams and he had attended a luncheon at the Minturn nutrient site and the people discussed, with the two Board members, the policies of the Board.. They were unclear as to how much to charge for transporting people from certain sites. The two commissioners decided to have a meeting with the Council on Aging to discuss rates that should be charged for trips on the van. Commissioner Williams stated the the Board is proud of the Council on Aging and the things Lucille Lieber has done in regards to programs in the County. Rex Fleming, Eagle Transportation Chairman, requested taking statements of.problems as they now stand. Howard Climer, Minturn resident, stated there seems to be conflicting stories concerning the rates. One day they are told a trip to Denver should Bost $2.00 and after the trip they are told they should have paid $7.00. There are some people who feel they cannot afford this. He often feels they are treated as second class citizens and he objects. Chairman Grant does not feel the senior citizens in Eagle County have been or will be treated as second class citizens. The County has been trying to establish everything they can to help the Senior citizens. Gerald Rose, Chairman of Eagle, stated the vans were basically for the nurient sites. If there is money left beyond that he sees no objection for other projects. The problem is the monies are being used and consequently the nutrient sites avre being cut short. Mr. Climer stated he is willing to pay a share but the share is different every time. Commissioner Troxel questioned if there is a set mileage rate for the van. Lucille Lieber advised from Eagle to Glenwood the rate is $2.00. From Eagle to Grand Junction the rate was $3,00, A $7.00 fee was discussed but was never voted on. She had done a study on rates other Counties charged for out-of-town recreation trips. Glenwood Springs charged $5.'00 and Grand Junction charges $4.00 per mile. Pitkin County does not charge for recreational trips. Commissioner Troxel suggested.'setting a limit on rates for transportation on a voluntary paying basis. Mr. Fleming stated the recreation programs should be seperated from the nutrient programs. He does not think any one should look for a free ride. There should be a rate set for contributions for recreational trips. He has not heard any complaints on the 25¢ per ride contribution. Mr. Climer advised there were only three letters received in the Minturn area motifying people of this hearing. ,3=! Proceedings of the Board of County Commissioners 1St day December term 19 SD Chairman Grant suggested appointing a Transportation Chairman in Minturn to be able to meet with other Transportation Chairmen in other areas of the County. Margaret Climer feels there should be a policy established for what types of trips are to be made and how often. She does not feel a Transportation Chairman would make a difference. Chet Rumunski advised Minturn has only had their bus for one or two months. He requested time to get organized. They want rules and regulations set down that are equitable to everyone. Jim Seabry stated he fails to see the sense in the arguments taking place. He feels the matter could be solved if every area had a Chairman to meet and express their views to set a price on the mileage. Commissioner Troxel feels the vans should be used. It may cost the County money to.be more flexible, but he does not want to see a program so stringent upon Federal funds that there is not enough leeway to allow for different type trips. Commissioner Williams advised this program is run for and by the Council on Aging. There should be a representative from each area to meet with other areas. Virginia Rose questioned if the $200.00 per month allotted is gone over how will it be covered. Chairman Grant stated the Board should know ahead of time if the budget is ,going to be overdrawn. Commissioner Williams advised there needs to be a clear statement of the rules. Mr. Climer apologized for coming on so strong. He feels communication is the answer to the problem. The Board thanked the people for appearing. 19— Mick Kasher, Administrative Assistant, advised the next item was a grievance by Jo Ann Deighan, Enviromental Health Officer. Ms. Deighan advised she had requested this grievance be brought before the Board because of the nature of the three reasons for denial at the Personnel Committee level. She feels her grievance is part of the inequities in the application of the personnel policy regarding merit and reclassification. Ms. Deighan advised her grievance is concerned with the fact her position is listed on the personnel list as being a grade 27 and since she has held the job she has been paid at grade 24. The Personnel Committee recommended denial of this grievance for the following reasons: 1. After C.E.T.A. funding ran out for her original appointment, Jo ann requested placement at Grade 24 2. There -is no.evidence that any mechanism was used to determine what the grade level of the position should actually be. 3. The list of job classifications issued by the Personnel Department in the past has no official sanction as the final, definitive statement of classification. Mr. Kasher explained why he had decided to leave Ms. Deighan at grade 24 as there is no money in the budget for a grade 27. Erik Edeen, Enviromental Health Officer, advised when the former personnel director had made the schedule of starting grades he had contacted several Enviromental Health sections -in the State to determine the pay grades. Commissioner Williams stated he cannot see how to take one particular individual and determine that person has been classified erroneously when the:person has worked for the County since the middle of 1978. If this instance is allowed everyone would have to be assumed classified er-roneoulsy. Ms. Deighan advised she is not complaining about the policy. The application of the policy is her concern. The descrepency in the classification was first brought to her supervisor's and the Personnel Director's attention in October 1979. She was classified according to the money in the budget rather than by a job classification. Commissioner Williams recommended adhering to the Personnel Committee's recommendation in this instance. Ms. Deighan is effectively working through grade 24 since her employment with the County.. He sees no evidence that she is anything other than a grade 24. Chairman Grant stated he did not know where the $2,000.00 she is requesting will come from. He feels Ms. Deighan was treated fairly and he cannot see jumping her salary to grade 27. Commissioner Troxel advised he needs data from the former Personnel Director to indicate why this position should be a grade 27. Commissioner Troxel moved, using #2 of the Personnel Committeee recommendations which states there is no evidence that any mechanism was used to determine what the grade level of the position should actually be, the grievance be denied. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Commissioner Troxel in discussion stated if it can be shown that is the position, by evidence reached, he would reverse his motion. Jo Ann Deighan Grievance Mick Kasher, Administrative Assistant, presented a Supplemental Appropriation for the Board's review. Resolution Commissioner Troxel moved the Board sign the Supplemental Appropriation of unanticipated revenues. Also the Budget Officer get a determination from the auditor that this is correct. Commissioner Williams seconded the motion and the Chairman declared the -vote unanimous. Mick Kasher, Administrative Assistant, advised the last item was a personnel action on Hazel Higgins, Hazel Higgins/ Secretary in the County Nurse's Office. Personnel Action Marge Gates, County Nurse, stated she feels it would cost the County more in a years time to train a new person than to raise Ms. Higgins wages up to what other secretaries in the County are making. Commissioner Williams suggested waiting until after the reappraisal of the job positions before making a decision. Chairman Grant requested the Board be given the time to obtain better information on the increases. Commissioner Troxel recommended demoting the two secretaries who had merit raises in October 1979. The Board concurred no action needed to be taken at this time. There being no further business to come before the Board the meeting was adjourned until December 8,1 &6 77,'o 1 r Attest: Chairman � Wrk the Board Proceedings of the Board of County Commissioners___3_tn__day December term 19 80 19 SPECIAL MEETING GENERAL FUND Present: Dale Grant Chairman Susan Vaughn Planner Professional Engineers of Colorado Dan Williams Commissioner Jim Williams Zoning Inspector Loan payment Keith Troxel Commissioner (absent) Johnnette Phillips Clerk to the Board 105.00 Tom Boni Assistant Planning Director Rita Sherman C.S.R. The followingbills were examined approved and PP warrants drawn on the proper funds for same in full p P Top Drawer Office Supplies payment, thereof: 3.60 Williams Office Supplies GENERAL FUND General Fund Payroll $ 113,015.68 Professional Engineers of Colorado registration fee 75.00 First Bank of Eagle County Loan payment 2,348.45 Colorado State Assn of Co County registration fee 105.00 Radio Shack purchase of cassette tapes 110.00 IAAO Assessor's membership dues 50.00 Top Drawer Office Supplies Stencil Attachment 3.60 Williams Office Supplies Pink marking pens 5.49 ATD-American Company Additional freight 5.39 3-M Business Products installment payment 1,911.84 Mary J. Merkling Court reporting 156.15 Collett Enterprises Gas, oil and tire repair 1,492.91 Eagle Valley Enterprise Publications 14,619.04 Area Court Reporting Court reporting 135.00 Cosgriff, Dunn, and French Legal services rendered 385.00 Gerald F. Dahl Legal Services rendered 201.25 International Business Machines IBM Service 884.06 Public Record Corporation Invoice 0330 106.50 Beth A Whittier Travel expenses 241.27 Office of District Attorney 1/12 of 1980 budget 5,891.58 Judy Rude Reimbursement for payment of personal fund 12.99 Eagle Computer Systems Computer services 2,471.55 Judith Kess Travel Expenses 10.72 Animal Control Reimburse petty cash 4.12 Basalt 66 Service Gas and tire repairs 109.58 Beasley's Super Foods Invoice 1599 and 3912 25.90 Buckeye Gas Products Propane 192.04 Eagle County Trash Dumpster removal for animal shelter 35.00 Eagle -Vail Animal Hospital 9-R.V. shots 63.00 Eagle Valley Glass and Mirror 2 windshields 318.02 Electronic Sales Company Invoice L15028 25.13 Hometown Supply Company Cleaning supplies 284.25 Sachs -Lawlor Invoice 021327 161.60 Eagle County Treasurer Mileage for useage.of County cars 30.15 Claude L. Gerard Travel Expenses 383.80 James E. Nimon Travel Expenses 110.00 Raymond the Printer Billing 75.00 Coca-Cola Bottling Company Soft drinks to refill pop machine 77.00 Data Systems Invoice 5469 372.80 Dailey Sentinel Classified ads 33.28 Day -Timers pocket calender and holder 22.25 Vail Trail Classified ads 28.90 Eagle County Treasurer Gas consumption 779.90 Maynard Smith reimbursement of personal funds 102.38 Randustrial Corporation Invoice 270772 87.70 Wizard Woodworks Invoice 1056 191.97 Fortunes Pizza - Meal for Planning Commission 33-70 International City Management Invoice 100714 37.75 H.R. Meininger Company Invoice 56331 8.88 Reproduction Specialties Invoice 089192 30.01 First Bank of Eagle County Loan payment 653.38 Mounain Engineering Final plat checks 200.00 Rodall Press Publication for building department 22.00 Solar Engineering Magazine subsription renewal 20.00 Urban Land Institute Annual membership dues 250.00 Valley Tire Company Invoice 26718 405.96 Franklin Associates Ltd Progress payment #1- consultant services 10,393.89 Boise Cascade Bldg Material Invoice 0484 6.74 Commercial Office Products Supplies 722.44 Denver National Bank quarterly loan payment 5,262.18 Holland Auto Parts Supplies for landfill 88.80 Pete Honnen Equipment Repair supplies for landfill 567.68 Hoekels Election Supplies 1,244.67 Nancy B. Adams Election 79.00 Betty Lou Albertson Election 55.00 American Legion Aux rent of building for election 70.00 Bob Ashley Mileage and delivery for election 28.00 Pam Berger Election 62.00 Lois Bernstein Election 67.00 Susan Boyd Election 50.00 Vianne S. Brown Election 50.00 Catherine Cheney Election 50.00 Bev Christiansan Election 72.00 Dave Cochran Mileage and delivery for election 28.00 Oda E. Cowen Election 61.80 Ruby M. Crawford Election 78.60 Linda Crossland Election 55.00 Louise A. Daley Election 61.40 Ruth Dewell Election 78.60 Patricia Doyle Election 55.00 Cherl Dugan Election 50.00 Bonita Eaton Election 59.00 Proceedings of the Board of County Commissioners ath day December term 19 80 19_ Ruby Forster Election $ 62.40 Barbara J. Fresquez Election 55.00 Olive L. Goodale Election 55.00 IOOF Hall Rent 35.00 Elisa A. Herrera Election 50.00 Ruth Jacox Election 66.00 Jean A. Johnson Election 59.00 Charlene Kirby Election 67.40 Ella Knox Election 67.00 Georgia A. Lewis Election 61.80 Debbie Luark Election 88.00 Eve Luby Election 55.00 Georgianna Manzananres Election 55.00 Donna Meineke Election 71.00 Marie R. Montoya Election 59.00 Karen Morter Election 50.00 Lyn Freedman Election 69.00 Nancy E. MacKenzy Election 50.00 Uouisa B. MacNeill Election 65.00 Ellen McCarthy Election 55.00 Nancy W. Nottingham Election 50.00 Kathryn C. Owen Election 74.00 Barbara Pearch Election 55.00 Jackie Phillips Mileage for election 24.00 Carolyn Piper Election 86.00 Eileen L. Randall Election 55.00 Redcliff Town Office rent for town hall during election 50.00 Wanda C. Runinski Election 74.60 Mary Schlegel Election 55.00 Odis P. Simpson Election 67.40 Eldora Skiles Election 55.00 Mary A. Smith Election 57.00 Janet Taylor Election 67.00 Dorothy Thurston Election 75.00 Elnora VanHorn Election 55.00 Thalla Wheelock Election 54.00 Grace J. White Election 50.00 Vonda Williams Election 78.60 Thelma Wilson Election 59.00 Mildred Wurtsmith Election 75.80 Mr. R.L. Johnson Refund of building permit fee 437.40 CPL Partnership Refund of building permit fee 94.00 State Compensation Insurance Audit adjusted 397.34 International Conf. of Bldg Off. Seminar fees 30.00 PESSS Division -of Employment FICA Taxes withheld 6,728.26 Rocky Mountain Life Insurance Insurance premiums 340.55 Hoekels Supplies 1,658.75 Shelly's Office Supplies Office supplies 66.64 Gart Brothers Sporting Goods Invoice 53824 260.00 Eagle County Treasurer Mileage for useage of County cars 268.80 Stuart Satsky Travel Expenses 127.40 Ruth Shelton Travel Expenses 8.00 Eagle Pharmacy Invoice 16 5.13 Top Drawer Office Supplies Supplies 87.30 3-M Business Products Supplies 222;58 International Business Machines Services 996.33 Public Record Corporation Subscription renewal 257.00 Institute of Government Public Officials Personal Liability 14.00 Dale F. Grant Travel Expenses 658.70 Donna Meineke Reimbursement and professional services 59.82 Jerry Steinbrecher Autopsy 375.00 Dan Sparkman Mileage and investigation of death 51.80 Entenmann-rovin Company Badges 738.28 Boise Cascade Keys and operating supplies 42.93 Eagle Auto Parts Vehicle repair parts 247.52 Basalt 66 Supplies 145.20 Vail Auto Supply Cleaning supplies 14.13 Dale Laboratories Invoice 801 53.40 Collett Enterprises Supplies and services 983.82 Phillips Petroleum Company Gas charges 112.58 Eagle Valley Skelly Gas charges 13.00 First Bank of Eagle Loan payment 2,348.45 Law Enforcement Reference Manual Manual 19.50 James L. Midyett Transcript copy 97.25 Bea Schif Alternations and repair 13.50 Michael J. Fisher Pre-employment polygraph test 70.00 Mountain Bell Telephone service 578.96 Eagle Telecommunications Telephone service 4,349.62 Greater Eagle Fire Protection Dist. October billing 8.30 Holland Auto Parts Vehicle repairs 43.12 D & E Towing Towing charges 80.00 Tobias Wades Gratuity 5.25 N ational Graphics Company Printing of Tax notices 2,889.08 Mavis Helms Electric Perk Coffee Maker 28.23 Eagle -Vail Linen Linen service 237.14 Hardware Store Repair materials 18.67 Joyce Dunn Alterations to Deputy Uniform 48.50 Lake County Sheriff Prisoner Board fee 343.00 Sayer & McKee Drug Pharmacy charges 11.05 Vail Mountain Medical Medical services 110.00 Overland & Express Transportation charges 414.00 Eagle Volunteer Fire Dept. Garage rental 75.00 Colorado State University Extnesion pamphlets 19.00 . Proceedings of the Board of County Commissioners- 8th day, December term 1980 Jack D'Orio Judy Rude Orrison Distributing Colorado Counties Holy Cross Electric Assoc Zenith Controls Hometown Supply Commercial Office Products Animal Control Alpine Animal Hospital Eagle County Treasurer First Bank of Eagle Jefferson Bank and Trust Daniel E. Jones-D.V.M. Paradise Kennels and Feed Rex Fleming UARCO, Inc Lincoln-DeVore Testing Claude L. Gerard Wanda Runinski Bob Lockner Shirley J. Roach Mountain Services Elbert Baldrey Sunlight Coal Company Rocky Mountain Natural Gas Lanyon Plumbing & Heating Mary J. Merkling James Williams Thomas Boni Francis Krizmanich Susan A. Vaughn Meating Place Brian Haas Jim Morris Ed Hammer Lester Douglas Gerald Best Design Press Erik Edeen Nat'l.Center.for'Resource Recovery Franklin Associates Jo Ann Deighan Eagle Valley Enterprise Lucille Lieber Virginia Rose Melton E. Atwell James E. Nimon Carole Ann Beck Nettie Reynolds Sarah Schipper, PHN Eagle County Nursing Service Eagle County Nursing Service Cecilia Schmidt Helen Molcsan Margie Gates Sarah Schipper, PHN Jane Merritt Vail Valley Medical Center Jane Merritt, RN Butler Paper Company R.L.."Sam" Johnson First Bank of Eagle Travel expenses TraVel expenses Beer for sale at County Fair Public Lands Program contribution Electric bill Emergency generator Supplies Office supplies Reimburse petty cash Tests and services Gas consumption Payment #7 Lease payment Lab test and I.R.V. Billing for Dog pound Reimbursement for gas purchase Computer paper and freight charges Soil testing, Lake Creek Travel Expenses Mileage to attend ECCOA meeting Mileage to attend ECCOA meeting Election mileage Propane tank fill -up Travel Stoker coal for McDonald Bldg Gas useage Repairs to plumbing and heating Court reporting Travel Travel Expenses Travel Expenses Travel Expenses Meals for Planning Commission Invoice 43 Electrical permit inspection Electrical permit inspection Travel Expenses Travel Exoenses Electrical permits Travel Expenses Subscription Progress payment #2 Reimbursement for telephone expenses Landfill notice for change of hours Coordinator fee Professional services Travel Expenses Travel Expenses Home visits for pysical therapy Homevisits and mileage Reimbursement for postage Reimburse petty cash Reimburse petty cash Travel Expenses Travel Expenses Travel Expenses Travel Expenses Travel Expenses Office rent Reimbursement for , the conference fee Invoice 54331 Refund for Sewage disposal system permit application Balance due on Loan forrSheriff Dept TOTAL------------------------------------------------------------------------------------------ $ Road and Bridge Fund Charlie V. Cooper PESSS Div of Employment Eagle Electric Commercial Office Products Bishop's Trash Service Yampa Valley Electric Eagle Valley Fire Protection Boise Cascade Dick Wheeler, Inc Colorado Counties Bureau of Business Practice Johnie Vaughn Excavating Raymond's Office Machines Colorado Department of Revenue Valley Tool Supply Hometown Supply Beasley's Super Foods Collett Enterprises Valley Tire Company J.W. Brewer Tire Company B & B Excavating Nottingham Sand and Gravel Filter Service & Supply Roaring Fork Sand & Gravel Grand Junction Steel ROAD AND BRIDGE Payroll Wages and Unused vacation FICA Taxes withheld Repair on Road overseer Received stamp Trash Service Electric Service Refill fire extinquishers Supplies Final Lease payment Pre -registration fee for Invoice 1697754 Barriers and end sections Battery Pak 40 Inspection stickers inch Drive Set Invoice 6342 Invoice 1590 Service and supplies Mount,and balance 2 tires Invoice 180306 Invoice 10013 Invoice 05868 C.C.I. Annual Conf. Air filters and cleaned filters Invoice 0275 Invoice 58633 19-. 306.80 26.75 833.85 2,195.00 1,139.25 575.00 137.76 115.04 37.05 80.10 552.71 205.68 210.54 22.00 693.00 5.00 196.91 252.00 208.80 6.80 24.00 26.40 37,64 20.20 636.89 878.91 410.70 70.00 52.00 79.02 32.00 63.12 30.30 44.04 339.39 2,466:76 27.00 116.40 112.64 73.90 8.00 7,707.96 7.35 23.14 195.89 85.00 76.00 119.00 111.00 150.60 3.00 17.77 16.58 15.50 50.00 98.90 38.45 120.30 482.00 11.00 486.55 75.00 29,179.27 250,970.96 36,279.00 656.91 40,27 3,158.81 5.25 8.00 121.45 87.50 _332.76 4.77 85.00 22.62 1,708.00 10.00 20.00 49:95 24.71 111.84 2,247:83 125.00 42.28 828:53 214.88 176.08 188.61 310.54 3 /Y Proceedings of the Board of County .Commissioners 8th day December term 19 80 19 H.W. Moore Equipment Company Invoice 3021627 $ 9,062.00 Gilsab-nd Convider, Inc Invoice 0025 7,500.00 Central Tool Invoice 0401 41.67 Lawson Products Invoice 0945292 568.82 Valley Gas & Welding October billing 32.00 Western Auto Associate Invoice 0920 9.29 Western Slope Uniform Shop towels 10.66 Supplies Unlimited Invoice 16808 29.70 Schmidt-Tiago Construction Invoice A-25009 75.04 C.M.I. Construction Machinery Invoice 2P4030 288.00 Holland Auto Parts Shop and repair parts 950.46 Eagle Towing Tow bill 200.00 Douglas Pilcher Travel Expenses 12.00 Road and Bridge Reimburse petty cash 84.47 Brake and Wheel Service Invoice 2789 24.11 Mountain State Ford Truck Sales Power steering pump and kit 272.60 Rifle Radiator Invoice 8644 198.00 Hanson Equipment Invoice 51473 41.39 Carbondale Auto Supply Invoice 56084 3.98 Glenwood Auto Supply Invoice 65443 14.84 Vail Auto Supplu Invoice 001811 14.95 Safety-Kleen Service on parts cleaner 26.75 Valley Rentals Invoice 11273 278.00 Faris Machinery Company Rental on Gorman Trash pump 360.00 Denver National Bank Quarterly loan payment .32,264.40 Denver National Bank Loan payment 2,710.82 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 State Compensation Insurance Audit Adjusted 1979 plan year premium 111.35 PESSS-Div of Employment FICA Taxes withheld 2,070.45 Rocky Mountain Life Insurance Insurance premium 95.41 Commercial Office Products Void stamp 5.25 W.W. Grainger Tools ans water heater 161.47 Colorado State University Fee for Asphalt Paving seminar 38.00 Eagle Valley Enterprise Stamp per billing 8.00 Collett Enterprises Services 2,580.89 Central Tool Invoice 0422 21.90 Sanborn Equipment & Supply Signs 71.41 Supplies Unlimited Invoice 19007 55.45 Ernie Cock Travel 49.80 Max McCoy Travel 86.80 Frank Daugherty Travel 84.60 K.F. Arnold Travel 64.40 Douglas Pilcher Reimbursement for!meals 16.61 Charles Galpin November billing 15.00 Drive Train Industries Transfer Case 3,082.64 Fontaine -Jacobs Invoice 42-6541-P 36.96 Case Power & Equipment Invoice CS16814 344.22 TOTAL------------------------------------------------------------------------------------------ $ 116,;187.90 LIBRARY FUND Library Fund Payroll $ 6,035.48 State Compensation Insurance Audit adjusted 1979 plan year premium 20.31 Eagle County Treasurer Gas consumption 66.78 Roberta Depp Travel Expenses 242.43 Holy Cross Electric Electric Service 25.76 PESS- Div.of Employment FICA tax withheld 369.97 Rocky Mountain Life Insurance Insurance premiums 18.60 Gaylord Brothers Office supplies 190.58 Catalog Card Corp. Catalog card sets 57.65 Garfiled County Library OCLC processing 148.83 BroDart Book Express Books 212.49 G.K. Hall & Company Books 64.36 Western Stock Show Assoc Books 11.94 Instructural Nedia Services Film rental 7.25 Publishers Central Bureau Books 112.79 Sterling Publishing Co Books 22.31 Rocky Mountain Magazine Subscription 12.00 Three Rivers Library System Books 22.95 Denver Public Library Film rentals 18.25 Mountain -Plains Bookbinding Book binding 231.85 Quality Books Books 13.45 Prentice -Hall Books 139.47 Associated Libraries Books 467.21 American Econo-Clad Services Books 94.86 Gordon's Books Books 201.96 Goodyear Publishing Books 6.95 Baker & Taylor Books 132.91 McGrawHill Book Company Books 22.89 Moran Industries Book 11.00 Eagle Telecommunications Telephone services 13.33 Eagle County Treasurer Mileage for useage of County cars 6.90 Holy Cross Electric Electric service 26.11 Mountain Plains Library Assoc professional membership 19.00 TOTAL------------------------------------------------------------------------------------------ $ 9,048.62 This being the regular day for payment of bills and other such matters as appear on this days agenda, to wit: American Quasar Zs -94-79 Eagle County Zs -104-79 Edwards Business Center Zs -105-70 B&B Excavating Zs -106-79 i Siverly/ Mueller Proceedings of the Board of County Commissioners Rth � dayecember teen 19 -8a - f American 9 8a - Susan Vaughn, Planner, advised when the Board rescinded the Special Use Permit for American Quasar on December 1, 1980 they were given the incorrect file number. The file number rescinded was Zs -12-77 and it should have been Zs -90-79. Commissioner Williams moved file # Zs -90-79 be rescinded and the earlier motion of December 1, 1980 be withdrawn. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Susan Vaughn, Planner, advised the first item on the agenda was a renewal of the Special Use Permit at the Whittaker gravel pit. The Commissioners had terminated the contract at their last meeting. The Staff recommends this permit be rescinded because the road to the site is presently a jeep trail and would cost approximately $6,000.00 to improve. One of the conditions of the permit was the road would be upgraded, The Commissioners did not put this road in their budget and this is not an appropriate site for gravel extraction. The Staff believes another site should be located. Chairman Grant requested the record reflect this gravel will cost $3.21 per ton, not including the costs for improvement of the Bruce Creek Road. Commissioner Williams moved Zs -94-79 be rescinded based on the reasons given by Staff in this hearing as well as remarks from Chairman Grant. Chairman Grant seconded the motion and the vote was declared unanimous of the two voting. Susan Vaughn, Planner, advised the next item on the agenda was a review of the Special Use Permit for dwelling units in a Commercial zone at the Edwards Business Center. The Staff recommended continuation of the Special Use Permit. Commissioner Williams moved to continue the Special Use Permit. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Susan Vaugn, Planner, advised the next item on the agenda was a review of the B & B Excavating operation at Edwards. Ther permit was granted with three conditions to allow a night watchman's trailer: 1. Adequate water and sanitation be provided .for trailer 2. Revegetation plan be submitted 3. Bond be submitted to insure reclamation be completed Ms. Vaugn advised the County has not received a bond to collateralize the reclamation. Discussion followed on the amount of the bond and if the SUP would be continued. Commissioner Williams advised he would like the Staff to check to determine if the Mine Land Reclamation has received a bond. Commissioner Williams moved Zs -105-79 be tabled until the January 12, 1981 meeting as per direction to the Board from the Staff. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Susan Vaughn, Planner, advised the next item on the agenda was a review of the Special Use Permit for Vail Cable Communications to allow a television antenna one mile west of Avon. Ms. Vaughn advised they have submitted a landscaping plan which had not been completed as of August. Mr. Frank Thompson, owner, had stated he engaged a landscaping company to complete the plan by Spring. The Staff recommended approval of this item. Terry Quinn presented before and after pictures of the site. He requested the permit be made permanent. Chairman Grant advised all Special Use Permits are on a yearly basis. Commissioner Williams moved Zs -106-79 be renewed for 1981 and in the future be on a review process. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Commissioner Williams directed the Staff to write a letter to Vail Cable Communications in regards to the outstanding landscaping work. Jim Williams, Zoning Inspector, advised the next item is an appeal from Siverly and Mueller.. The appeal is in regards to a building permit application which was turned down on Lot 8a in Matterhorn Village. Mr. Williams read a letter from Terry Quinn, representing John Siverly and Wolfgang Mueller, appealing the denial of the building permit. Mr. Williams advised the reason the application was denied was based upon 3.05.04 of the Zoning Resolutio which states the minimum lot area in a RSM zone is 8000 square feel per dwelling unit or as further restricted under supplemental regulations. Mr. Williams advised the supplemental regulations state a minimum lot area per dwelling unit listed under each zone district shall be further restricted by slope characteristics. A standard rule of 500 square feet per percentage point of= lot slope shall be used to determine the permitted density of development. This rule shall be applied to sloping land in all zones. In calculating the average percentage plain of slope the Staff used six different areas on the lot and at no time were any of these percentages less than 20%. The average slope was in excess of 20% which would indicate the lot would have to have at least 20,000 square feet but it only has 16,000 square feet. By virtue of the supplemental regulations the application was denied. John Siverly presented pictures of the area. He presented the following exhibits: Exhibit 1 plot plan of Matterhorn Village Exhibit 2 Detailed section of Lot 8-a Exhibit 3 Resubdivision of Matterhorn Village map Mr. Mueller stated his opinion of the slope and the proposed building and advised it is only the south west corner of the lot that is steep. Jimu Williams pointed out the area and the slope percentage of each lot. He advised he does not feel this is an exceptional case. Ms. Vaughn advised it is important to clarify this procedure: Based on strict interpretation of the Zoning Resolution the Staff believes a duplex is not allowable on this lot. The applicants are appealing this Staff decision because they feel their lot possesses different characteristics and they feel the Board has the right to waive this strict interpretation. Mr. Williams advised their appeal is based on section 2.02.05,06 which states where the lot slope varies across the lot an average lot slope shall be determined. In exceptional cases where this method does,not seem appropriate the applicant may request a hearing. Their concern.is whether or not the method used in obtaining the lot slope is correct. Once that is determined the Board of Zoning Adjustments may determine if a duplex may be built. Mr. Quinn advised one exception circumstance is that this subdivision has been there since 1964. The applicants bought the lot with the understanding it was a duplex lot. Arguments followed on the lot slope, size, density, and percentage of lot coverage. Chairman Grant feel:s there has been conflicting testimony and the Board needs more information. Commissioner Williams questioned Mr. Quinn if sections 3.05.04, 4:02.04, and 2.020:56 were the items he is requesting the Board take into consideration. He advised there is one basic issue is whether the Staff has reasonably determined what the slope of this lot is. Testimony here today is that they have not. Commissioner Williams suggested the Board take this item under advisement for 30 days to allow the applicant to calculate the lot slope the way they feel it should be under the regulations. He would like to know how much of the lot is less than 30%, the size of the building envelope that is less than 30%. If the Staff has calculated the lot slope correctly the issue of determining if a duplex is allowed would be up to the variance Board. 4/Q Proceedings of the Board of County. Commissioners 8th day December {ern 19__8_O_ Commissioner Williams moved in regards to the building permit appeal of Siverly and Mueller be tabled until December 31, 1980 at which time the Board will make a determination if the Staff has calculated correctly lot slope under items 3.05.04, 4.02.04, and 2.02.56 of the Zoning Resolution. Chairman Grant seconded the..motion and the vote was declared unanimous of the two voting. Susan Vaughn, Planner, advised the next item on the agenda was an appointment of a Planning Commission member for the upper end of the Valley. The following are people who submitted letters requesting to be considered for the position: Robert L. Parker David Green Don Welch Cynthia Eskwith Arthur Kittay David Mott Chairman Grant advised an article recently in the Denver Post advises anyone with a conflict of interest on a commission must be registered with the State. Commissioner Williams advised it has, in the past, been a policy to discourage people outside a geographical area from serving on the Planning Commission. This makes sure each area has representation. However, this position has been advertised twice and there is still a limited number of applicants. It would be appropriate to consider someone who is vitally interested in the Gore Creek Valley although they reside in Edwards. Commissioner Williams moved Don Welch be appointed as a Planning Commission member. Chairman Grant seconded the motion and the vote was declared unanimous of the two voting. Jim Williams, Zoning Inspector, advised the next two items were the Vail Intermountain (Flagg) Exempti plat and the Hackman Exemption. Virginia Kauer advised this is before the Board to obtain the final plat signatures. Commissioner Williams suggested the applicant make arrangements with the Planning Staff to have those plats brought to the Board after they have been checked. Request: Review of a minor subdivision of a duplex Location: Lot 26, Block 1, Eagle -Vail #1 Francis Krizmanich, Planner, advised the next item was the Stroop Homes, Inc. This is a minor subdivision request. The Planning Commission and the Staff recommended approval of this item. Commissioner Williams moved Sm -209-80 be approved. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Beth Whittier, County Attorney, advised the next item was a proposed agreement between the County of Eagle and Beaver Creek Metropolitan District. The contract provides for law enforcement services within the Beaver Creek Metropolitan District boundaries. Beaver Creek is requesting additional services beyond what the County generally provides. Ms. Whittier reviewed the contract which states the services to be performed by the Sheriff's Departmen John Dunn, attorney for Beaver Creek Metropolitan District, advised the agreement is acceptable to Beave Creek Metropolitan District and requested the Board approve the contract as submitted. Commissioner Williams moved the agreement between the County of Eagle and Beaver Creek Metropolitan District in regards to law enforcement services be approved and signed by the Board. Chairman Grant seconded the motion and the vote was declared unanimous of the two voting. 19— Beth Whittier, County Attorney, advised the next item was a School Land Dedication concerning the Homestead PUD. She has spoken with Mr. Keller from the School District. The School District and the Homestead have made an agreement regarding the land the school District wants. They have requested to present this to the Board as the Board has the ultimate authority in so far as the dedication of the land. Ed Keller advised they had agreed to 5.5-6 acres should be dedicated to the School District. He advised they are interested in land that was dedicated as Open Space. Tom Boni, Assistant Planning Director, advised it was the Planning Staff's recommendation that in any PUD where the applicant has identified an area as Open Space it should not be used for required dedication. Dennis Galvin, Warner Properties, advised if they had known how much land would be needed for the school dedication they would have dedicated part of the Open Space 13nd to the school. Commissioner Williams suggested the applicant go back through the Planning Commission with specific amounts on the dedication. Chairman Grant stated ha cannot make a determination at this time. Robert Warner advised they are before the Board to try to help the School District. They are well prepared to make a donation of cash in lieu of land. Chairman Grant advised the policy today would need alot more consideration. Commissioner Williams stated he is not willing to set a policy now as the School District has alot of property they could be endeavored to use. He believes the School Board should determine whether they want X- number of acres within the subdivision orcashin lieu of and writes a letter to the Board to that effect. The Board thanked them for appearing. Tom Boni, Assistant Planning Director, advised on November 26, 1980 Beaver Creek was before the Board requesting a partial release of collateral. The Board did not sign the release at that time so as to allow for the boundaries of the legal description to be verified. The legal description has now been verified. Commissioner Williams,:moved` the previously approved release of collateral be signed. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Commissioner Williams moved the Chairman sign the Resubdivision of Lots 2 & 3 Block 9 Vail Intermountair Development. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Commissioner Williams moved the Chairman sign the final plat of Lot 18-A Block 9 Vail Intermountain Development. Chairman Grant seconded the motion and the Chairman declared the vote unanimous of the two voting. Commissioner Williams moved the Chairman sign an amended plat of Lot 12 Tract F Block 1 Beaver Creek #1. Chairman Grant seconded the motion and the vote was declared unanimous of the two voting. Commissioner Williams moved the Chairman sign the plat of Stroop Homes Lot 26 Block 1 Eagle -Vail #1. Chairman Grant seconded the motion and the vote was declared unanimous of the two voting. Planning Commission Appointment Se -229-80 Vail Intermountain (Flagg) Exemption Se -232-80 Hackman Exemption Sm -209-80 Stroop Homes, Inc Beaver Creek Metro Contract School Land Dedication Beaver Creek Release of Collateral Plats signed Proceedings of the Board of County Commissioners U11— day Deumher tens 19 Rn j_ 19— Su-144-80-P Request: Review of a.preliminary plan for 4 single family lots and 1 open space lot on 8.5. acres Gypsum Valley Location: 2 mile west of the County Airport in Sections 4 and 5, T5S, R85W Estates Tom Boni, Assistant Planning Director, advised the next item was the Gypsum Valley Estates. Mr. Boni advised the Staff had received a telephone call today from the applicant requesting he be allowed to resubmit, to the Planning Commission, a revised preliminary plan. The Planning Commission reviewed this application for a four lot subdivision in a rural residential zone and recommended denial beased upon the incompatibiltiy with the airport. There is not a letter,.f.rom:the applicant, in the file stating his.intent to resubmit. The Board could deny this request which would basically result in the applicant being required to resubmi another subdivision application. Chairman Grant questioned if the Board does not have to take action on this if there is not written indication from the applicant. Commissioner Williams moved Su -144-80-P be denied as per the Planning Commission recommendation. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Su -113-79-P Request: Review of a revision to the preliminary plan Su -5-79-P Location: Tract C, Lot 1A, Eagle -Vail #2 Sun River Jim Williams, Zoning Inspector, advised the -next item was the Sun River project. This is an amendment to an approved preliminary.plan. On December 3, 1980 the Planning Commission recommended approval of this item. The Planning Commission had previously tabled this item as they wanted a statement in writing from the Eagle -Vail Fire Department as to the location of the buildings in regards to the fire code. The Staff is in receipt of a letter from the Fire Chief stating approval of the project. Commissioner Williams moved Su -113-79-P be approved. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Roger Pilgram Tom Boni, Assistant Planning Director, advised the next item was a pre -application conference for the Ranch Roger Pilgram Ranch presented by Steve Isom. Steve Isom advised under the Zoning Resolution the Planning Commission usually reviews preliminary plans. Mr. Ison requested this be brought to the Board of County Commissioners to get their ideas on the viability of the project. Mr. Isom pointed out the location of the project and each building site. He advised the applicants are willing to do some improvement to the Lake Creek Road. Mr. Boni advised one issue which came up at the Planning Commission meeting was the road. The Planning Staff cautioned the applicant that it is a precident setting approval process if they were to approve this subdivision. Commissioner Williams questioned if there will be a central water system. Mr. Isom advised he has a meeting with the Edwards Water District later in the week. He believes it is possible for a District to administer the system. Chairman Grant believes the applicant will want an extra unit for the caretaker. Al Williams, owner, discussed their proposal of basically a working ranch. The individual units will be controlled from one center caretaker unit. Commissioner Williams advised this is.a difficult situation because he is not sure if the County is better off by allowing the developer to go through the process with the County benefiting from the road being improved or by letting them develope in the resource zone with no County jurisdiction. The road as it exists is a deterent. Improvino the road will be.a benefit to the applicant. Commissioner Williams does not feel it is appropriate for him to say too much as he is an adjacent property owner and this project may effect him. Chairman Grant advised there will be alot.of problems with the road. Mr. Isom advised they -.will be very specific in their PUD in regards to how much of the road they would be willing to improve. Chairman Grant advised he feels the applicants have a very good lay -out but he would like to see the concerns addressed. Commissioner Williams feels one advantage is from the northerly border and all the way through the Lake Creek Meadows there is a right-of-way established on the plat. He suggested if the applicants pursue this they establish the minimum standard of the road. Secondly as they pursue this it will show within the right-of-way what costs are involved within a period of time. The benefit to the County will be that they will know, within the framework of the right-of-way to the north what the substantial costs are. The Board thanked Mr. Isom for appearing, r Mill Levies Chairman Grant advised Ella Bondley, County Assessor, has not received the Vail Metro or Vail Water and Sanitation District fijures for the mill levy. They gave her new figures on December 11, 1980 and she cannot finish typing everything until December 12, 1980. She is requesting the Board sdign the certification of the mill levies. Commissioner Williams moved to sign the certification of Mill Levy for Ealge County. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Landfilli•I..,:_. Mick Kasher, Administrative Assistant, presented a proposed contract for the use of the landfill by Contract private firms for Saturdays and Sundays. He reviewed the major points of the contract. Commissioner Williams moved the form agreement for Eagle County and private haulers be approved. Chairman Grant seconded the motion and the vote was declared unanimous of the two voting. Land Trust Don Price appeared to present the proposed Land Trust. He advised part of the Open Space Plan was to control some agricultural land. It takes about two years to get this project off the ground. He requested the Board's approval to proceed. Chairman Grant advised he has found in the past that different governments will go ahead and begin a project and when they run into problems no one wants to remain involved. He wants to know if this is another means of control. He would like to know how this is working in other areas. Mr. Price does not believe the Nature Conservancy has been organized much longer than 25 years. This project is much the same as a Nature Conservancy. This project would put it on a local level. Commissioner Williams feels this may be a frame work for land to be tied up to perpituity. He feels the only involvement from the County is to get the project started. He suggested having a work session later in the month to determine how this project is working in other Counties and to eleviate some of the Board's reservations. The Board concurred the County should not get involved but did give approval for the project to continue The Board thanked Mr. Price for appearing. .tea. Proceedings of the Board. of County Commissioners 8th day DecPmbar term 19sD_ 19— Beth Whittier, County Attorney, brought before the Board some housekeeping items, the first being Resolution a Resolution for vacation of Highway #4 outside of Beaver Creek in the NW; of Section 12, T5S, R82W, of the 6th Principal Meridan, County of Eagle, Colorado. The Resolution has been amended by the Colorado Department of Highways. Commissioner Williams moved the Board sign the Resolution. Chairman Grant seconded the motion and the vote was declared unanimous of the two voting. The next item was an Airport Facility Lease for Ted Johnson. Ms. Whittier explained the Airport Airport Commission had approved the ,Lease and requested the Board sign the Lease. Facility Commissioner Williams moved the Board sign the lease. Lease Chairman Grant seconded the motion and the vote was declared unanimous of the two voting. 1980. There being no further business to come before the Board the meeting was adjourned until December 30, Attes?erke!!No_the , Boar Proceedings of the Board of County Commissioners mth Day—mecemeer Tenn, Agn 19— SPECIAL MEETING Present: Dale Grant Chairman Johnnette Phillips Clerk to the Board Dan Williams Commissioner Keith Troxel Commissioner (absent) The morning was spent hearing Enviromental Health items with the recorded tape being on`file in the Clerk and Recorder's Office. In the afternoon the Board reconvened as the Local Liquor Licensing Authority. Short Stop, Beth Whittier, County Attorney, advised the County has received an application from the Short Stop for Inc. Liquor a license to sell 3.2% beer. -License Fred Otto, representing the applicant and Steve Caplan, Supervisor of the Eagle County stores, were sworn to testify by the Clerk to the Board. Ms. Whittier presented two letters. The first authorizing Steve Caplan to be the appointed agent of the applicant. The second letter stated Fred Otto is a Power of Attorney for the applicant. Ms. Whittier advised pursuant to statute the Local Liquor Licensing Authority before approving or denying an application for a new license must consider the following: 1. The reasonable requirements of the neighborhood for the type of license for which application has been made. 2. Desires of the inhabitants 3. Number, -type, and availability of liquor outlets located in or near the neighborhood of the consideration. 4. Any petitions or objections of members of that neighborhood. Fred Otto advised the location is in the Eagle -Vail area. The Eagle -Vail Subdivision was established as the boundaries. Steve Caplan testified to questions asked by Fred Otto. Mr. Otto presented a petition in favor of the new liquor license as Exhibit A. Chairman Grant stated for the record he is essentially opposed to liquor licenses but as there are only two Commissioners present today he would vote on it. Joe Poplenski testified to schools in the area and the need for this liquor license. Ms. Whittier reviewed the file and application submitted and determined the file complete. Ms. Whittier recommended this license be signed with the condition of the Manager's name being changed on the application. Commissioner Williams moved the 3.2% beer license for the Short Stop be approved. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Buss's Place Beth Whittier, County Attorney, advised the next item was an application for renewal for a 3.2% beer license issued to Chloe Jackson for Buss's. Place. There have been no complaints filed against this establish- ment. Commissioner Williams moved the license be renewed. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Pour House Beth Whittier, County Attorney, advised the next item was an application for renewal. The applicant is Edward J. Peterson. The establishment is the Pour House,.Inc. There have been no complaints filed against this establishment. Commissioner Williams moved the renewal be approved. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Sheriff Dept. Tim Tunnell, Purchasing Agent, advised the next item was in regards to bids on the AMC Eagles. Bob Bundy $8,379.10 per car Broadway AMC Jeeps $8,618.75 per car Berthod Motors $8,995.88 The County Sheriff has recommended accepting the bid from Broadway AMC Jeep as they know what was used last year and have the complete specification list for this year. Commissioner Williams moved to accept the bid from Broadway AMC Jeep for two Eagles and one Cherokee as per the advertised specifications. Mr. Tunnell advised the Sheriff has not made a decision on the type of Cherokee to purchase. Commissioner Williams amended his motion to only accept the bid on the two Eagles and not on the Cherokee. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Data Tim Tunnell, Purchasing Agent, presented bids on a Printronix P-300 Line Printer for Data Processing. Processing He advised they have received four bids. P.A.R. Associates $5,325.00 Eagle Computer Systems $6,922.00 DMA Computer Systems $5,580.00 Southern Systems, Inc $6,450.00 Mr. Tunnell recommended accepting the bid.from P.A.R.. Commissioner Williams moved to accept the bid for the Printronix printer at the bid as indicated by the Purchasing Agent. At this time the Board reconvened as the Board of County Commissioners. Mountain Tom Boni, Assistant Planning Director, advised the first item he had for the Board's consideration Terrace concerned a change to the covenants for Mountain Terrace Townhouses. Townhouses He advised he has reviewed the covenants. The applicant has had difficulty obtaining financing because of the unusual provisions in the covenants governing the property. They request a change in the covenants to delete certain clauses. Mr. Boni presented the changed covenants for the Board's signature. Commissioner Williams questioned if the County Attorney had reviewed the covenants. Mr. Boni responded she had not. The Board concurred this item and a matter concerning the Fairwaye Green would be continued until the County Attorney could be present. Airport Tim Tunnell, Purchasing Agent, advised the next item concerned bids for the roof at the airport. Harry Hurd, Airport Manager, advised he has received a bid for $4,400.00 to repair the roof and install a new door wide enough for the unimog. He requested to transfer funds from the Professional Service Contracts into therBuilding Fund. The Board concurred the roof needs to be done and if there is money in the budget it should be proceeded with. Sheriff Dept. Tim Tunnell, Purchasing Agent, advised the next item was in regards to bids on the AMC Eagles. Bob Bundy $8,379.10 per car Broadway AMC Jeeps $8,618.75 per car Berthod Motors $8,995.88 The County Sheriff has recommended accepting the bid from Broadway AMC Jeep as they know what was used last year and have the complete specification list for this year. Commissioner Williams moved to accept the bid from Broadway AMC Jeep for two Eagles and one Cherokee as per the advertised specifications. Mr. Tunnell advised the Sheriff has not made a decision on the type of Cherokee to purchase. Commissioner Williams amended his motion to only accept the bid on the two Eagles and not on the Cherokee. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Data Tim Tunnell, Purchasing Agent, presented bids on a Printronix P-300 Line Printer for Data Processing. Processing He advised they have received four bids. P.A.R. Associates $5,325.00 Eagle Computer Systems $6,922.00 DMA Computer Systems $5,580.00 Southern Systems, Inc $6,450.00 Mr. Tunnell recommended accepting the bid.from P.A.R.. Commissioner Williams moved to accept the bid for the Printronix printer at the bid as indicated by the Purchasing Agent. Proceedings of the Board of County Commissioners inthDay December Term, 19—u- 19 Beth Whittier, County Attorney, advised she received a letter from Tom Post, representing the subdivide of the Ridge at Vail, The Valley Phase IV, and Lion's Ridge #4. These subdivisions have been approved and Subdivision Improvements Agreements had been signed for the construction of certain public improvements. As collateral a first deed of trust on lots secured by promissory note had been submitted. There was a clause within the Subdivision Improvements Agreement which stated if at any time the subject subdivision is annexed into the Town of Vail or for any other reason removed from the County's jurisdiction the subdivider shall have no further obligation or liabilities under this agreement. Ms. Whittier advised it is her legal opinion the County must release the Deed of Trust and void the promissory note at this time. Commissioner Williams moved the County release the collateral on the Subdivision Improvements Agreement with the County Attorney holding the documents until such time as she is satisfied the annexation has occured. Chairman Grant seconded the motion and the vote was declared unanimous of the two voting. Beth Whittier, County Attorney, presented a proposed contract between the County of Eagle and Les Dougla! for consulting services at the Eagle County Building Department. Ms. Whittier reviewed the contract with the Board. Commissioner Williams moved the County of Eagle Board of County Commissioners enter inot a contract with Les Douglas for consulting services for the Building Department. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Beth Whittier, County Attorney, advised the Board had signed a sub -contract between the County of Eagle and Northwest COG relative to 1981 Title III Funds. Northwest COG made two minor changes which Ms. Whittier requested the Chairman initial. Chairman Grant initialled the changes. Beth Whittier, County Attorney, presented a contract with Wagner Equipment Compnay for the lease of a caterpiller. The Chairman signed the contract. Beth Whittier, County Attorney, advised on March 7, 1980 Eagle County entered into a lease agreement with the option to purchase with Municipal Investments Company. At that time the lease was for a John Deere Compactor. Doug Pilcher, Road and Bridge Supervisor, desires to exchange the compactor for a loader. John Deere Equipment Company has agreed to the exchange with all terms of the original lease remaining the same. Commissioner Williams moved the Chairman sign the lease between Municipal Investment Company and the County of Eagle and the financing statement and security agreement for the John Deere Loader. Chairman Grant seconded the motion and the vote was declared unanimous of the two voting. Beth Whittier, County Attorney, at the request of the County Treasurer presented a proposed Resolution for lost sales tax certificates. By statute the Board of County Commissioners has to determine that the tax sale certificate has been lost and that this Resolution shall act as a substitute. The first applicant is Penny Baker. The tax sale certificate she lost was #12 which was issued in 1969. The second one -is Trevor T. Bradway. The lost tax sale certificate was #280 and was issued in 1977. Commissioner Williams moved the Board authorize the afore mentioned lost tax sale certificates. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Charlette Pascuzzi, Administrative Secretary, appeared to present administrative matters for the Board's consideration. The first item being the Blue Cross/Blue Shield Contract. Commissioner Williams moved the Chairman sign the contract. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. The next item presented was a request from Employer's Unity for a Power of Attorney in order to represen! Eagle County with Workmen's Compensation. Commissioner Williams moved to sign the Power of Attorney. Chairman Grant seconded the motion and declared the vote unanimous of the tow voting. The next item was a Resolution concerning the Commissioner's meeting schedule for 1981. Commissioner Williams moved to sign the Resolution. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Mrs. Pascuzzi presented a Resolution concerning Supplemental Appropriation of Excess Interest to allow the Animal Control to pay for their truck. The Board concurred to not take any action at this time until discussing the matter with the County Treasurer. Commissioner Williams moved, as the acting Personnel Director was absent, the Chairman sign a personnel action in regards to Wilbur B. Place. The personnel action in regards to Karleen Bonaly also be signed. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Commissioner Williams moved to continue this hearing on December 31, 1980 at 8:00 A.M. in regards to the Resolutions concerning transfer of monies and appropriations. 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 December 31, 1 Y Attest: erK to t e Boar GLr Chdirman Ridge at Vail, Valley Phase IV Lion's Ridge #4 Contract: Les Douglas NWCOG Title III Contract: Wagner Equipment Cc Road and Bridge Tax Sale Certificate Administrative Matters Resolutions Mountain Terrace Townhouses Fairwaye Green Mountain High Enterprises Sm -211-80 Su=100-80-F9 Beaver Creek Filing #5 Su -110-80-F The Woods Proceedings of the Board of County Commissioners 31st Day D c-embar Tenn, 19- m— SPECIAL MEETING Present: Dale Grant Chairman Dan Williams Commissioner Keith Troxel Commissioner Beth Whittier County Attorney Johnnette Phillips Clerk to the Board 4`5 Before proceeding with planning matters on todays agenda the Board resumed discussions of the previous meeting concerning Administrative matters. Commissioner Williams moved the Supplemental Appropriation of Excess of Interest Earnings be signed by the Board. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. The Resolution was signed. Commissioner Williams moved the Transfer of Monies Resolution between funds be approved in regards to Revenue Sharing Fund, General Fund, and Road and Bridge Fund. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. The Resolution was signed. Commissioner Williams moved the Resolution in regard to a transfer of money between funds, specifically the Forest Reserve Fund to the Road and Bridge Fund and Re -50J be approved. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. The Resolution was signed. Commissioner Williams moved the Board sign the Appropriation Resolution after reviewing it with the other elected officials. Chairman Grant seconded the motion and declared the vote unanimous of the two voting. Tom Boni, Assistant Planning Director, advised the first item for the Board's consideration was a change to the covenants pretaining to Mountain Terrace Townhouses. At the time the final plat was approved the County had requested the applicant to put two provisions in its covenants. The first concerning short term or renting out part of a unit. The other provision was the Board approve any subsequent change to the covenants. Mr. Boni advised since that time a provision against short terming has been placed in the Zoning Resolution. Therefore, the applicant has requested to change the covenants. The County Attorney has reviewed the covenants and the Staff recommends the amended covenants be signed. Commissioner Troxel moved to sign the covenants. Commissioner Williams seconded the motion and the vote was declared unanimous. Tom Boni, Assistant Planning Director, advised the next item was a matter concerning the Fairwaye Green Townhouses. This was approved on September 24, 1980 with these conditions: 1. Promissory note be increased by 30% 2. Exhibit A listing Public Improvements be submitted. 3. A second deed of trust for three building sites be submitted. 4. The Subdivision Improvements be completed in three years. 5. The first deed of trust must be paid off before there is any release of collateral. This concerns the 22 units in the Eagle -Vail Exception parcel. All of the conditions have been met. The amount of collateral is $230,000.00 for a complete set of improvements. The Staff recommends the plat be signed. Beth Whittier, County Attorney, advised she had reviewed the Subdivision Improvements Agreement and she highlighted it for the Board. Commissioner Troxel moved Su -119-80-F be approved and the final plat be signed. Commissioner Williams seconded the motion and the vote was declared unanimous. Commissioner Troxel moved the Chairman sign the Subdivision Improvements Agreement of the same file number. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: Split of a duplex lot and vacation of easement Location: Lot 55, Block 3, Eagle -Vail #1 Jim Williams, Zoning Inspector, advised the first item on todays agenda was Mountain High Enterprises. This item had been tabled until the applicant returned for a vacation of an easement. By the direction of the Board the applicants have reapplied through the Planning Commission for the vacation of 5' of the easement. The Planning Commission recommended approval. A letter from an engineer of KKBNA, who did the original study, has been submitted stating they have no problem with this item. Commissioner Williams moved Sm -211-80 vacation of easement for Lot 55 Block 3 of Eagle -Vail #1 be approved as per the Staff's recommendation. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Review of a PUD final plat for 132 units Location: Tracts A (Block 4), E.G.H. and R Tom Boni, Assistant Planning Director, advised the next item was the final plat of Beaver Creek #5. The preliminary plan had been tabled once until there were corrections made to the drainage study. Mr. Boni advised the Planning Commission had reviewed this item and recommended approval. The Staff recommends approval of this filing subject to technical corrections being completed by the applicant. Discussion followed on approving final plats with conditions. Commissioner Troxel moved Su -100-80-F9 be tabled until January 12, 1981 to complete technical correcti on the plat which the Staff has requested. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: Review of a final plat for 15 units on 2.8 acres Location: A portion of lot 80, Block 1, Eagle -Vail #2 Tom Boni, Assistant Planning Director, advised the next item on the agenda was the Woods final plat. The preliminary plan was approved on February 7, 1979. The first phase involves 15 units. Mr. Boni advised the Planning Commission approved the final plat of this project subject to the easement access being upgraded from the 15 foot to a 25 foot easement. The Staff recommended approval of this item. The applicant had agreed to upgrade the access easement but the Staff has not received the final plat with these imporvements. Ken Long stated the corrections are being made at this time. Commissioner Troxel moved Su -110-80-F be tabled at the applicants request until the end of this hearing so the final plat can be checked. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. 146' Proceedings of the Board of County Commissioners 31st Day December Term, 19 80 19 Request: Review of an exemption to legalize a .778 acre parcel Location: Between Highway 6 and the Eagle River, 1.5 miles west of Edwards in Section 6, T5S, R82W Susan Vaughn, Planner, advised the next item on the agenda was a request by Michael Haselhorst for an exemption to legalize a .778 acre parcel of land. Ms. Vaughn advised the Board had previously seen an exemption from Pearl Peterson legalizing the parcel next to it. Commissioner Williams moved Se -233-80 be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Review of a minor subdivision for 4 lots on 15.05 acres in an RR zone Location: Approx. 2 miles north of the Town of Eagle in Sections 20, 29, T4S, R84W Tom Boni, Assistant Planning Director, advised the next item was the Middle Eby Creek Subdivision. The applicants have obtained Rural Residential zoning for the parcel. This was originally a part of an earlier exemption. The Planning Commission recommended approval of the four homesites with the condition the applicant. obtain final approval from the Water Court. Mr. Boni advised the Staff has received a letter from Delaney and Balcomb regarding the water. The Staff recommended this item be tabled as there is no actual approval of the water. Discussion followed on the road improvements and water problems. Scott Balcomb advised the Board there should not be any particular concern of the water problem as there will be only approximately 30 days before a probable water decree is issued. Chairman Grant explained the Board does not Dive conditional approvals on final plats. Commissioner Troxel moved Sm -182-80 be tavled to January 28, 1981 to do the following: 1. Receive from Mr. Balcomb a favorable report on the water decree 2. Staff meet with applicant in regards to the Eby Creek Road and try to devise an equitable solution to the offsite impacts, if any. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: Review of a minor subdivision of a fourplex Location: Lot 6, Block 4, Eagle -Vail #1 Jim Williams, Zoning Inspector, advised the next item was the Sunstream Townhomes Minor Subdivision. The problem the Staff had the first time they reviewed this item was the owner owned both lots and had created a common driveway between them. The second lot has now been sold and an easement has been created. Mr. Williams advised the Staff has no problem with this item since they have created an easement. Commissioner Williams moved Sm -214-80 be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Request: Review of a minor subdivision of a duplex Location: Lot 84, Block 3, Eagle -Vail #1 Request: Review of a minor subdivision of a duplex Location: Lot 58, Block 4, Eagle -Vail #2 Francis Krizmanich, Planner advised the next two items were the Riddle -Campbell Minor Subdivision and the Robert Thacker Minor Subdivision. Commissioner Troxel moved Sm -216-80 and Sm -217-80 be approved but not signed by the Chairman until the Planning Commission Chairman had signed them. Commissioner Williams seconded the motion and the vote was declared unanimous. Request: Review of a minor subdivision of a duplex Location: Lot 62, Block 1, Eagle -Vail #2 Francis Krizmanich, Planner, advised the next item was the Schurenstedt Minor Subdivision. The Planning Commissioner recommended approval subject to technical corrections which have now been made. Commissioner Troxel moved Sm -215-80 be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Request: Review of a minor Subdivision of a duplex Location: Lot 15, Block 6, Eagle -Vail #1 Jim Williams, Zoning Inspector, advised the next item was the Swinford Duplex. The Staff recommended approval of this item. Commissioner Williams moved Sm -218-80 be approved. Commissioner Troxel seconded the motion and the vote was declared unanimous by the Chairman. Request: Review of a minor subdivision of a duplex Location: Lot 14, Block 1, Eagle -Vail #1 Francis Krizmanich, Planner, advised the next Subdivision. item was the Griffith/Fraser/Gore Development Minor The Staff recommended approval subject to technical corrections. There is a mortgage signature needed on the plat. Commissioner Troxel moved Sm -219-80 be tabled until January 28, 1981 or at any time before that if the corrections are made. Commissioner Williams seconded the motion and the vote was declared unanimous by the Chairman. Request: Review of a minor subdivision of a duplex Location: Lot 9, Block 4, Eagle -Vail #2 Jim Williams, Zoning Inspector, advised the next item was the Jaeger/Kitchell Minor Subdivision. The Staff recommended approval of this item. Commissioner Williams moved Sm -220-80 be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Tom Boni, Assistant Planning Director, advised the next item was the Beaver Creek Lot 9 Tract L envelope change. The Staff has no problems with this item. Another item concerning Beaver Creek was the 4th amendment to the 1st filing. This item involves an inconsistancy to the final plat that was approved and they are correcting this inconsistancy. On one page of the final plat it showed one dimension different than on the other page by approximatley 1/10 of a foot. The Staff has received a corrected plat from Beaver Creek which has been checked. Commissioner Troxel moved Su -100-80-F-13 and Su -100-80-F-15 be approved. Commissioner Williams seconded the motion and the Chairman declared the vote unanimous. Se -233-80 Michael Haselhorst Sm -182-80 Middle Eby Creek Sm -214-80 Sunstream .� Townhomes Sm -216-80 Riddle -Campbell Sm -217-80 Robert Thacker Sm -215-80 Schurenstedt Sm -218-80 Swinford Duplex Sm -219-80 Griffith/ Fraser/ Gore Development Sm -220-80 Jaeger/kitchell Su -100-80-F-13 Beaver Creek Su -100-80-F-15 Proceedings of the Board of County Commissioners 31st Day December Term, 19_sD_ 4'7 19— Beaver Creek Tom Boni, Assistant Planning Director, advised the next item concerned parking spaces provided in a Parking Spaces structured situation. In the original Beaver Creek PUD it called for 9'X 18' dimensions on the parking spaces. Mr. Boni read a letter form Jcak Zehren requesting 20% of the structured parking spaces in Beaver Creek to be sized for compact cars. They are requesting the size for compact cars be 8' X 17'. The Staff believes this should be approved. This could be reduced without causing any problem. Commissioner Troxel moved the request from Vail Associates to allow their PUD to be amended to allow 20% of the structural parking to be 8' X 17' and clearly marked compact car only be allowed to be part of the PUD. Commissioner Williams seconded the motion and the vote was declared unanimous by the Chairman. Tim Brooks Tom Boni, Assistant Planning Director, advised the next item concerned a plat extension for Tim Brooks. Plat Extension Mr. Brooks had received an approval from the Board for a minor subdivision in Seven Castles. There is a plat notation stating the road is not accepted for maintenance. Mr. Brooks is requesting the Board extend the expiration date of the plat and sign it today. Commissioner Troxel moved to extend the expiration date on the plat. Commissioner Williams seconded the motion and the vote was declared unanimous by the Chairman. John Siverly Jim Williams, Zoning Inspector, advised on December 8, 1980 the Board heard an appeal of a building permit denial. The Board took this item under advisement for 30 days to determine if the Staff calculated the slope correctly. Mr. Williams advised the Staff feels they are correct in how they determined the slope of the lot and whether it was appropriate for a duplex. In the Staff's estimation it was not appropriate according to the Supplemental Rules and regulations of the Zoning Regulations. Jim Reuben, Planning Director, advised this area has been annexed into the Town of Vail. It has been the Building Department's policy to no issue any buiding permits for that area. He is not sure if this is even still under the County's jurisdiction. Beth Whittier, County Attorney, stated she believes the applicants have the right to appeal as the application was submitted prior to the annexation and the Board should make a determination. Commissioner Williams advised at the previous meeting he had suggested if the applicant felt the Staff was wrong in their determination they.should employ some one to calculate it to show the Board why the applicant is right. Ken Long explained the fill placed on the lot and described the lot. A map of the lot was presented as Exhibit A. Discussion followed on the lot slope percentage. Jim Williams advised the lot is still under the lot size for a duplex. Commissioner Williams questioned if the Board has the authority to grant the building permit even though technically it does not meet the regulations. Ms. Riggert advised she does not believe the Board can grant the building permit. The whole determinatii of this Board would be if the methods of figuring the lot slope the Staff used is correct. Commissioner Williams questioned if the Board of County Commissioners could make a recommendation to the variance Board if there is an adequate building envelope and.the structure can meet all requirements. Ms, Whittier advised she does not have a problem with the Board making a recommendation. IJ, Commissioner Williams moved in regards to the John Siverly building permit appeal, tabled from a previous meeting, the Board find the lot slope determination calculations to be approximately 206 square feet short of adequacy for a duplex building on said lot and therefor deny the building permit. Also to request the applicant proceed to the Zoning Board of Adjustments with a recommendation from the Board of County Commissioners that a duplex be allowed on the lot if all subdivision requirements can be met i.e. access, sewer, water, snow removal, parking. Chairman Grant seconded the motion. Commissioner Troxel abstained as he was not present at the previous meeting. Discussion on employee housing followed. Beaver Creek Tom Boni, Assistant Planning Director, advised the next item was the Beaver Creek Convertable bed base. Convertable At a previous special session there was discussion of the request by Beaver Creek to shift the location of Bed Base their convertable bed base to the Eagle River Mobile Home Park. The Board reviewed the applicants request and the applicant commited to transportation back and forth. The.net result of the discussion was that the Board agreed to the transfer. As this was not done at a public hearing the attempt is to make it of public record at this time. Mr. Boni read the letter which was sent to Beaver Creek (see exhibit) and letters concerning bus transfer form the Eagle River Mobile Home Park. Commissioner Troxel moved to approved the letter written by Tom Boni in regards to the Vail Associates request for a change of location from Beaver Creek to Eagle River Mobile Home Park of that part of Beaver Creek's employee housing commitment. Commissioner Williams seconded the motion and the vote was declared unanimous by the Chairman. Mr. Lisman discussed the ticket useage at Beaver Creek. He explained the people with 3 day and 6 day tickets are only allowed to use them for one day at Beaver Creek. They have discussed, with the Forest Service, having a free interchange on the tickets between Vail and Beaver Creek. Beaver Creek is requesting to keep the same policy. The Board concurred they could see no problem with this. South Forty Tom Boni, Assistant Planning Director, advised the next item was the South Forty Subdivision. Mel Atwell, County Engineer, has been involved in the inspection of the public improvements of this project. Mr. Bill Williams has deposited with the County the remaining collateral to guarantee the completion of those improvements. At this time Mr. Williams had requested a release of the remaining collateral. Bill Williams explained the Board is holding two lots as collateral. His request is for the County to accept the roads for plowing. He advised the road going to the Church is not his as it belongs to the Church. The County needs to decide what to do aBout that road. Commissioner Williams moved to table this item until 1:30 P.M. until the County Engineer could be present. Su -110-80-F Tom Boni, Assistant Planning Director, advised the next item was the Woods which had been tabled The Woods previoulsy in this hearing. Mr. Boni stated the plat errors have been corrected and the Staff recommends approval. Commissioner Williams moved Su -110-80-F be approved. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. Plats signed Commissioner Williams moved the Swinford Duplex plat be signed. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. The plat was signE Commissioner Troxel moved the Chairman sign the Sunstream Townhouses Final Plat. Commissioner Williams seconded the motion and the vote was declared unanimous. The plat was signed. m Proceedings of the Board of County Commissioners 3l si Day December Term, i9 so Commissioner Williams moved the Haselhorst Exemption plat be signed. Commissioner Troxel seconded the motion and the vote was declared unanimous. Commissioner Troxel moved the Riddle -Campbell Duplex plat be sinned. Commissioner Williams seconded the motion and the vote was declared unanimous. Commissioner Troxel moved the Robert Thacker Duplex plat be signed. Commissioner Williams seconded the motion and the vote was declared unanimous. Commissioner Troxel moved the Schurenstedt Townhomes final plat be signed. Commissioner Williams seconded the motion and the vote was declared unanimous of the two voting Commissioner Troxel moved the Jaeger/Kitchell plat be signed. Commissioner Williams seconded the motion and the vote was declared unanimous. Commissioner Williams moved the Brooks Subdivision plat be signed. Commissioner Troxel seconded the motion and the vote was declared unanimous. Commissioner Troxel moved the Alpine Ridge Condominium plat be signed. Commissioner Williams seconded the motion and the vote was declared unanimous. Commissioner Williams moved to sign the Resolution of the Appropriation of the 1981 Budget. Commissioner Troxel seconded the motion and the Chairman declared the vote unanimous. 19 Mel Atwell, County Engineer, appeared to discuss the South Forty Subdivision and the Subdivision Improvements Agreement. He advised there have been two official inspections of the improvements. The first was made in April of 1980 and the second in September , 1980. Mr. Atwell advised there have been parts of the Subdivision Improvements Agreement completed and parts that have not been. He does not feel the collateral should be released until everything stipulated in the Agreement is completed per the preliminary plat submittal. The drainage is the biggest problem. There were three settlement ponds that were agreed to which have not been installed. The drainage is going into a dam with no way to get out. Bill Williams discussed the dam, the sediment ponds, and the roads. In his opinion the only problem is the drainage ponds. But he would like to wait until the sewer system is in. He would be willing to put up cash in lieu of to guarantee the sediment ponds. Mr. Williams requested to submit $7,850.00 with the County releasing the lots. Also to have the County accept and maintain the roads. Commissioner Troxel advised he would have no probelm substituting cash for the lots. He suggested that on the next Road and Bridge Day the Board review the roads on site and make a determination of whether to accept them. Commissioner Williams agreed he has no problem with accepting cash as a substitute for the collateral. The Board has a policy to not accept roads for maintenance of roads after November 1. Robert Warner advised when he applied for a building permit he submitted a bond to the County for a road cut. At that time he was under the assumption the County was going to maintain that road. Discussion followed on County acceptance of roads. Chairman Grant advised the Board has always inspected the roads before accepting them for maintenance. Discussion followed on fire protection. Commissioner Williams feels the Engineering Department should submit to the applicant a list of items remaining to be done. Mr. Williams requested the County at least release one of the lots. Commissioner Williams moved the County Attorney draft the appropriate document to release Lot 23 with the County retaining Lot 30 to collateralize the Subdivision Improvements Agreement. Bob Warner, representing the families accessed off Bull Run, requested the County maintain Bull Run. The Board concurred the road would not be maintained. Beth Whittier, County Attorney, advised on December 17, 1980 Rocky Mountain Airways submitted a proposed Memorandum of Understanding to the County Commissioners for their approval and signatures. Ms. Whittier requested, if the Board approves and signs the Memo, they authorize her to submit it to the paper for publication. Commissioner Williams moved the Memorandum of Understanding between Rocky Mountain Airways and Eagle County be accepted and the County Attorney submit it to the papers. Commissioner Troxel seconded the motion and the vote was declared unanimous by the Chairman. Commissioner Troxel moved the Chairman sign the vacation of the duplex for Mountain High Enterprises 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 January 5, 1981 , a zr'44;5�z_ C airman r� Attest: erc to the Boar Haselhorst Exemption Riddle - Campbell Robert Thacker.. Schurenstedt Townhomes Jaeger/Kitchell Brooks Subdivision Alpine Ridge Condominiums Resolution South Forty Rocky Mountain Airways Mountain High Enterprises a v [GA G coukYY � � p 1 EAGLE, COLORADO 81631 TELEPHONE 'R'j3031320.7311. BOARD OF COUNTY t COMMISSIONERS -..Ext 241_,... A ADMINISTRATION r Ext 241 ANIMALSHELTER 949.4292 ASSESSOR '3 Ext 202 BUILDING IN INSPECTION Ext 226 or 229 CLERK & RECORDER Ext 217 v 4 The Board of County Commissioners approves of Vail Associates request Ext 242 00 ENGINEER Home Park of that part of Beaver Creek's employee housing commitment Ext 236 p . v , in Figure 14 of the Development Plan. (June 1977). It is our under- nder- R standing that these beds serve as a temporary supply of housing while Ext 238 the permanent facilities are under construction. This approval is EXTENSION given with the condition that bus service shall be provided as indicated AGENT on page 4 of letter from Beaver Creek Resort Company to Ernest Nunn, Ext 247 U.S. Forest Service concerning questions raised by the Board of County LIBRARY v 4 The Board of County Commissioners approves of Vail Associates request Ext 242 00 ENGINEER Home Park of that part of Beaver Creek's employee housing commitment Ext 236 p. v , in Figure 14 of the Development Plan. (June 1977). It is our under- nder- R standing that these beds serve as a temporary supply of housing while Ext 238 the permanent facilities are under construction. This approval is EXTENSION a � R Village Core Convertible Bed Base Beaver Creek Employee Housing Assessment CONY ATTORNEY The Board of County Commissioners approves of Vail Associates request Ext 242 to a change in the location from Beaver Creek to the Eagle River Mobile ENGINEER Home Park of that part of Beaver Creek's employee housing commitment Ext 236 p. Gilman 827.57575 1 , in Figure 14 of the Development Plan. (June 1977). It is our under- nder- HEAL HNMENTAL HEALTH standing that these beds serve as a temporary supply of housing while Ext 238 the permanent facilities are under construction. This approval is EXTENSION given with the condition that bus service shall be provided as indicated AGENT on page 4 of letter from Beaver Creek Resort Company to Ernest Nunn, Ext 247 U.S. Forest Service concerning questions raised by the Board of County CONY ATTORNEY The Board of County Commissioners approves of Vail Associates request Ext 242 to a change in the location from Beaver Creek to the Eagle River Mobile ENGINEER Home Park of that part of Beaver Creek's employee housing commitment Ext 236 described as "Village Core Convertible Beds" on page 45 and listedENVIRO Gilman 827.57575 1 , in Figure 14 of the Development Plan. (June 1977). It is our under- nder- HEAL HNMENTAL HEALTH standing that these beds serve as a temporary supply of housing while Ext 238 the permanent facilities are under construction. This approval is EXTENSION given with the condition that bus service shall be provided as indicated AGENT on page 4 of letter from Beaver Creek Resort Company to Ernest Nunn, Ext 247 U.S. Forest Service concerning questions raised by the Board of County LIBRARY Commissioners at a meeting on November 3 (letter dated November 12, Ext 255 signed Roger Lessman). This bus transportation shall be subject to PUBLIC HEALTH annual review by the Board of County Commissioners. Eagle Ext 252 Vail 476.5844 Implicit in the schedule of employee housing outline in Figure 14 of the PLANNING Development Plan (Revised June 1977) is a balance between facilities at Ext 226 or 229 Beaver Creek and the resultant need for employee housing. Any signifi- PURCHASING/ cant changes from the development schedule outlined on Figure 11 PERSONNEL (Development Plan Revised June 1977) must be coordinated with a re - Ext 245 evaluation of the employee housing units to be provided for that year. ROAD & BRIDGE Ext 257 SHERIFF ""Eagle Ext I _ ....... "---- -3 Basalt 927.32 u Gilman 827.57575 1 SOCIAL SERVICES 328.6328 Thomas Boni Assistant Director of Planning —TREASURER Ext 201 L 0 U, Ernie Nunn, U.S. Forest Service, Holy Cross Ranger District Jim Rubin, Director of Community Development J a 0 i G] a a v u a G] a a v