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HomeMy WebLinkAboutMinutes 06/03/03 PUBLIC HEARING June 3,2003 Present: Michael Gallagher Tom Stone Arn Menconi Diane Mauriello Jack Ingstad Teak J. Simonton Chairman Commissioner Commissioner County Attorney County Administrator Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: GENERAL FUND AAAA SEPTIC PUMPING ABBOTT LABORATORIES ACCOUNTS SERVICE ADAPTIVE TECHNOLOGIES AFFORDABLE PORTABLE ALL PRO FORMS INC ALLAN FRANCO ALlIANT FOOD SERVICE, INC ALLSTATE IMAGING, INC. ALPHA INTERACTIVE GROUP AMADEO GONZALES AMERICAN TOWER CORP AMICH AND JENKS IN CORPORA ANAYElI MORALES ANN MUNCASTER APEX SECURITY AQUA TEC SYSTEMS ARAPAHOE COUNTY ARTHUR AND PERLMUTTER ASHBURN & ASSOCIATES ASPEN BOARD OF REALTORS AT & T WIRELESS SERVICES AV TECH ELECTRONICS INC AVCARD AVON CENTER AT BEAVER CK AVON COMMERCIAL OWNERS BAILEY FUNERAL HOME BATTLE MOUNTAIN HS BAYER CAREY & MCGEE BEN GALLOWAY MD BENJAMIN GARRETT BERLITZ LANGUAGE CENTER BEST ACCESS SYSTEMS BEST WESTERN EAGLE LODGE BOB BARKER COMPANY BOND/MCCOY VOLUNTEER BONDED BUSINESS SERVICE BOYZ TOYZ & SONZ BRADS ELECTRICAL SERVICE BRENT BLAKE BROWNING FERRIS IND BRUCE CAMPBELL CALOIA & HOUPT PC CARMEN LOZOYO-VELEZ SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SUPPLIES REIMBURSEMENT SUPPLIES SUPPLIES SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SUPPLIES SERVICE SUPPLIES SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT 1 06-03-2003 700.00 439.35 21.20 917 .00 93.00 3,967.85 30.00 2,715.64 191.53 5,065.00 69.20 875.00 90.00 417.00 44.40 227.50 1,324.06 550.00 30.62 38.68 6.29 3,525.04 1,875.00 23.82 1,795.45 2,012.99 447.50 250.00 5.58 715.00 55.03 50.00 216.62 630.00 1,112.46 926.76 25.00 953.38 575.00 71.21 78.00 160.35 5,201.67 136.62 CARTER & SANDS P.C. CASTLE PEAK VETERINARY CATHOLIC CHARITIES CENTRAL DISTRIBUTING CENTRAL RESTAURANT PROD CENTURYTEL CHADWICK, STEINKIRCHNER CHARLES B DARRAH CHARLES D JONES CO, INC. CHILDERS TRAILER SALES CHRIS HERNDON CHRISTINE L MOTT CO COUNTY ATTORNEY ASSOC CO DEPT PUBLIC HEALTH & CO DEPT PUBLIC HEALTH AND COHEN & ASSOCIATES COLO SPRINGS POLICE DEPT COLORADO BIG COUNTRY RC&D COLORADO COUNTIES INC COLORADO FASTENERS COLORADO GERONTOLOGICAL COLORADO MOUNTAIN NEWS COLORADO STATE FOREST COLORADO WEST MENTAL HL TH COLUMBINE MARKET COM-LINK CONSERVE A WATT LIGHTING CONTINENTAL COLLECTION AG CONTRACT PHARMACY SERVICE COPY PLUS CORPORATE EXPRESS CORPORATE EXPRESS IMAGING CSU COOPERATIVE EXTENSION DAN CORCORAN PLS DAVE MOTT DAVE'S GUNS DAVID A BAUER DAVID GUINNEE, DVM DAY TIMERS INCORPORATED DEEP ROCK WEST DEFENSE FINANCE/ACCOUNTNG DELL INC DENVER CHECKWRITER, INC. DENVER NEWSPAPER AGENCY DENVER TENT COMPANY DEPARTMENT OF INTERIOR DEWHIRST & DOLVEN, LLP DIANA JOHNSON DIGITALANNO COMPANY DOCTORS ON CALL DON OLSEN DOROTHY SAVAGE DOSIA LAEYENDECKER EAGLE AMOCO EAGLE CARE MEDICAL CLINIC EAGLE COMPUTER SYSTEMS EAGLE EYE PHOTO EAGLE PHARMACY EAGLE RIVER WATER AND SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SUPPLIES REIMBURSEMENT SERVICE SERVICE SUPPLIES SUPPLIES SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SUPPLIES SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE 2 06-03-2003 388.00 677.31 25,000.00 268.9 195.4. 10,306.28 12,500.00 4.96 569.61 34.90 630.00 2,090.00 450.00 72.00 159.00 59.92 650.00 1,000.00 1,076.38 31.50 40.00 2,555.91 99.42 1,700.00 69.06 25.19 627.73 8.68 2,041.94 5.00 2,880.0. 1,781.1! 7,500.05 2,400.00 24.00 1,169.98 10.31 1,505.00 62.95 138.11 273.90 1,415.22 102.20 673.00 745.85 432.50 25.00 60.60 4,000.00 110.00 17.19 96.60 90.00 325.50 12,775.00 5,899.52 11.8 213.8~ 106.09 EAGLE SUPPLY EAGLE VALLEY CHAMBER COMM EAGLE VALLEY HIGH SCHOOL ::AGLE VALLEY PRINTING EARL GLENWRIGHT EARTHLlNK, INC. EDW ARDS STATION LLC EDWIN SIFFERlIN ELECTRONIC DEFENCE TECH EMC2 EMILIA GONZALEZ ENGINEERS & LAND SURVEYOR ERN EST MARK ESRI EXTENSION PROGRAM FUND FAEGRE & BENSON FAMILY SUPPORT REGISTRY FAMILY VISITOR PROGRAM FARMER BROTHERS FARRELL & SELDIN FEDERAL EXPRESS FEDERAL SIGNAL FELSBURG HOLT & ULLEVIG FIKE CASCIO & BOOSE FINANCIAL EQUIPMENT COMPA FIRKINS GARAGE DOORS FIRST AMERICAN HERITAGE FIRST BANKS FISCHER & FISHER FITZSIMMONS MOTOR COMPANY :ORINASH KATHLEEN FRANKLIN COVEY FRONTIER PRECISION INC GAIL CAMERON-BRITT GALLS INCORPORATED GARAVENTA(CANADA) LTD. GE CAPITAL GFOA GLENWOOD MEDICAL ASSOC GLENWOOD SHOE SERVICE GORSUCH KIRGIS GRACE FINNEY GRAINGER INCORPORATED GRAND JUNCTION PIPE AND GREG DALY GROSSMAN & GROSSMAN GW MEDICAL PUBLISHING HALL KYLE HEALTH CARE LOGISTICS HEALTH INSURANCE FUND HELEN MIGCHELBRINK HERMAN MILLER INC. HIGH COUNTRY COPIERS HOLIDAY INN HOLY CROSS ELECTRIC ASSOC HORIZON ROOFING INC -lSS RENTX .MAGE DENTAL IMPACT GRAPHICS & SIGNS SUPPLIES SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SUPPLIES SERVICE SERVICE REIMBURSEMENT SERVICE SUPPLIES REIMBURSEMENT SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SUPPLIES SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SUPPLIES SUPPLIES REIMBURSEMENT REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE EMPLOYEE BENEFIT REIMBURSEMENT SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES 3 06-03-2003 55.29 1,000.00 250.00 1,389.75 36.00 141.65 200.00 25.00 75.00 231.68 105.75 70.00 8.68 3,011.40 1,560.44 2,954.00 2,227.76 9,492.19 497.24 50.00 373.71 675.63 7,796.00 25.00 132.70 192.50 400.00 23,186.51 10.00 66.00 123.84 270.03 187.50 18.34 283.88 2,570.00 159.99 480.00 131.00 210.00 164.85 43.13 105.48 243.87 272.06 28.10 103.40 18.53 297.20 33,857.03 23.50 492.48 799.45 86.00 9,206.12 775.00 12.50 334.00 27.00 INTERNAL REVENUE SERVICE IRA KARET IRVIN BORENSTEIN JAMES HENRY DWYER JAMES VAN BEEK JEANETTE HURSEY JENNIFER CUEVAS JOHN FORBERG JOHN HILDRETH JOHN LOWERY JOHN PLANO JOLlE B RAMO KARA BETTIS, CORONER KAREN WADDELL KENDRA DOEPKEN KESSLER MARY J KINDER MORGAN INC KINETICO WATER PROS KT GAZUNIS LAB SAFETY SUPPLY LAMBDIN & CHANEY LLP LANDS END INCORPORATED LEDERHAUSE EDITH LEGACY COMMUNICATIONS INC LESLIE KEHMEIER LEXISNEXIS LK SURVEY INSTRUMENTS LORI SIEFERS M & M AUTO PARTS MACHOL&JOHANNES MAIN AUTO PARTS MAINTENANCE WAREHOUSE MARCIN ENGINEERING INC MARIA ANJIER MARILYN MENNS MARLENE MC CAFFERTY MARTI J AW AD MATRIX DESIGN GROUP INC MAXVAC AIR DUCT AND MBIA MCCAULLEY REBECCA T MCKINNEY DOOR & HARDWARE MEDICAL CENTER OF EAGLE MEDICAL ECONOMICS MICHAEL G. MARTIN MICHELLE BALL MICRO SOLUTIONS MICRO WAREHOUSE MID VALLEY METROPOLITAN MIKE GALLAGHER MIKE LEDERHAUSE MILLER & COHEN MOORE MEDICAL CORP MOTOR POOL FUND MOUNTAIN ELEVATOR MOUNTAIN PEDALER MOUNTAIN STATES EMPLOYERS MOUNTAIN TEMP SERVICES REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SUPPLIES REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SUPPLIES REIMBURSEMENT SERVICE SUPPLIES SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE REIMBURSEMENT SUPPLIES SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE 300.00 15.00 25.00 25.01 1,076.10 4.83 14.49 415.95 120.97 653.60 50.00 180.00 67.18 199.14 13.80 148.35 5,433.28 226.44 285.00 57.57 53.10 1,274.11 90.00 287.44 127.65 569.00 58.60 82.34 6.51 28.10 7.3~ 147.15 1,755.00 56.19 23.10 110.04 3.10 5,151.06 1,290.00 4,173.83 46.92 258.97 386.00 79.90 100.00 269.45 118.75 1,447.27 378.81 85.08 90.00 8.68 50.32 296.24 90.00 660.00 324.0( 1,724.67 4 06-03-2003 MSR WEST, INC. NASCO LLC NATIONAL ASSN TOWN WATCH ~A TIONAL FOREST NATIONAL GRAPHICS COMPANY NETTIE REYNOLDS NEVES UNIFORMS NEXT GEN CONSTRUCTORS NFPA NICOLETTI FLATER ASSOC NOBEL SYSCO FOOD SERVICES NORTHERN TOOL & EQUIPMENT OLSON PROPERTY OMB POLICE SUPPLY ORKIN EXTERMINATING CO OSI COLLECTION SERVICES OSM DELIVERY LLC PAINT BUCKET THE PAPER DIRECT PAPER WISE PAT MAGDZUIK PAT NOLAN PATTILLO ASSOCIATES PEGGY GRAYBEAL PETTY CASH PETTY CASH ACCOUNTING PKF CONSULTING POCATELLO SUPPLY DEPOT PRCA PREMIER ELECTRIC CO INC JRIME RX PRIMEDIA WORKPLACE PSS, INC QUEST DIAGNOSTICS QWEST QWEST INTERPRISE NETWRKNG RAYMOND P MERRY REBECCA GAD ELL REBECCA LEONARD RESOURCE ENGINEERING RITA WOODS RIVER OAKS COMMUNICATIONS ROBERT NARRACCI ROOFTECH CONSULTANTS INC RUEDI WATER & POWER RUTH LENZ SANDYS OFFICE SUPPLY SCOTT LANCELOT SCULL YS ART OFFICE AND SHAINHOL TZ TODD H DDS SHEAFFER KAREN SIGNATURE SIGNS SILVIA LORENA DELGADO SINTON DAIRY COMPANY SKI COOPER SKILLPATH SEMINAR SNOWHITE LINEN SONY ELECTRONICS INC. SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SERVICE SUPPLIES SERVICE SERVICE SUPPLIES SERVICE REIMBURSEMENT SERVICE SUPPLIES SUPPLIES SUPPLIES REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SUPPLIES SERVICE SUPPLIES SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SUPPLIES SERVICE SUPPLIES SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SUPPLIES SERVICE SERVICE SERVICE SERVICE 5 06-03-2003 285.00 457.00 25.00 30,000.00 527.62 352.20 418.00 55.00 135.00 160.00 2,447.83 204.86 300.00 144.00 7,831.76 14.88 418.00 1,083.74 36.94 1,038.00 44.04 270.00 532.00 300.00 71.70 999.40 295.00 1,569.83 225.00 105.00 247.49 388.00 877.43 228.44 9,704.15 2,170.88 24.48 92.14 168.79 25.50 12.71 9,932.62 50.61 2,520.00 3,750.00 27.90 32.10 10,000.00 35.88 585.00 238.20 65.00 116.77 479.97 41.54 149.00 111.13 410.50 SPECIAL EVENTS SPECIAL PROTECTION INC SPRINGFIELD ARMORY STEPHANIE GLENWRIGHT STERICYCLE INC STRAWBERRY PATCH SUE MOTT SUMMIT LUMBER SUNLIGHT PEAK USERS SUSPENSE FUND SYBIL SETTERLlND THE BASALT STORE THE COLORADO FORUM ON THE FLOWER MART THE MIRAGE THOMAS F FARRELL TIMBERLINE AVIATION TOWN OF EAGLE TRANE COMPANY TRANSCOR AMERICA INC TRI COUNTY FIRE UNIFORM KINGDOM UNITED PARCEL SERVICE UNITED RESOURCE SYSTEMS UNIV COLORADO AT BOULDER VAIL EAGLE VALLEY ROTARY VAIL LOCK AND KEY VAIL MOUNTAIN COFFEE VAIL VALLEY EMERGENCY VAIL VALLEY MEDICAL CENTR VAILNET INC VALLEY VIEW HOSPITAL VAN DIEST SUPPLY COMPANY VERIZON WIRELESS, VINCI LAW OFFICE VIOLA ULLERICK WAGNER EQUIPMENT COMPANY WAGNER POWER SYSTEMS WAHRER JENNIE RN WALBERG & DAGNER WASTE MANAGEMENT WEAR GUARD CORPORATION WELLS FARGO WEST GROUP WESTERN EAGLE COUNTY WESTERN EAGLE VALLEY WESTERN PAGING WORLDCOM WRIGHT WATER ENGINEERS WRISTBANDS MEDTECH WYLACO SUPPLY COMPANY XCELENERGY XEROX CORPORATION XOCHITL HERNANDEZ XYMID LLC YAMPA VALLEY ELECTRIC SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SUPPLIES SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE PAYROLL EXPD SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE 44.00 910.00 35.00 49.2 478.5v 285.12 60.00 939.08 150.00 114,768.71 50.40 40.00 29.00 46.00 517.75 44.22 369.00 2,204.95 6,010.20 1,637.44 1,625.00 1,462.05 245.74 8.68 40.00 1,000.00 10.65 451.13 900.00 515.75 67.81 93.01 3,427.91 2,073.29 25.00 120.00 430.00 430.00 1,762.92 77 .44 95.00 73.60 419,820.02 534.25 900.00 1,000.00 8.00 5,831.77 1,294.82 538.75 82.35 475.87 2,870.03 28.56 314.00 79.52 PAYROLL FOR MAY PAYROLL 9, 10 & 11 916,108.9_ 6 06-03-2003 1,871,746.56 ROAD AND BRIDGE FUND BURNER DEVELOPMENT LLC REIMBURSEMENT 2,000.00 CENTRAL DISTRIBUTING SERVICE 3.00 CENTRAL DISTRIBUTING SUPPLIES 114.80 CENTRAL SERVICES/EC SERVICE 48.78 COLORADO CONTRACTORS ASSN SERVICE 225.00 COLORADO MOUNTAIN NEWS SERVICE 250.00 CORPORATE EXPRESS SUPPLIES 23.00 DEEP ROCK WEST SERVICE 32.70 DICK CASEY CONCRETE, CO. SERVICE 379.50 DRURY INN SERVICE 78.01 EAGLE PHARMACY SUPPLIES 20.94 GEORGE & CORNELIA PLATT REIMBURSEMENT 275.00 GERARD BROTHERS REIMBURSEMENT 250.00 GMCO CORPORATION SERVICE 20,508.28 GRAND JUNCTION PIPE AND SUPPLIES 288.00 HEALTH INSURANCE FUND EMPLOYEE BENEFIT 980.07 HOL Y CROSS ELECTRIC ASSOC SERVICE 464.70 INTERWEST SAFETY SUPPL Y SUPPLIES 97.58 JIM GUIDA CONSTRUCTION REIMBURSEMENT 2,100.00 JMC COP DEBT SERVICE FUND SERVICE 192,721.00 JP TRUCKING, INC. SERVICE 94,957.21 LONG'S EXCAVATION INC. REIMBURSEMENT 750.00 MONTANA LOG HOME SALES REIMBURSEMENT 2,050.00 MOTOR POOL FUND SERVICE 95,706.06 NORTHWEST PIPE COMPANY SUPPLIES 1,591.00 PITKIN COUNTY PUBLIC WORK SERVICE 20,677.84 PROPERTY IMAGING, LLC SERVICE 430.00 RHONDA PARKER REIMBURSEMENT 6.29 ROAD AND BRIDGE DEPARTMEN SUPPLIES 56.19 ROD CARTER REIMBURSEMENT 7.05 SUSPENSE FUND SERVICE 8,152.67 THERESALADENBURGER REIMBURSEMENT 18.24 TOWN OF GYPSUM SERVICE 239.85 WADEL DEVELOPMENT REIMBURSEMENT 2,000.00 WELLS FARGO PAYROLL EXPD 37,572.11 WESTERN SLOPE UTILITIES REIMBURSEMENT 100.00 WYLACO SUPPLY COMPANY SUPPLIES 99.90 XEROX CORPORATION SERVICE 195.00 ZEE MEDICAL SERVICE SUPPLIES 34.67 PAYROLL FOR MAY PAYROLL 9,10 & 11 87,153.94 572,658.38 SOCIAL SERVICES FUND ARROW SIGN EXPRESS SERVICE 270.00 BASAL T FAMIL Y RESOURCE SERVICE 5,928.00 BUTLER RENTS SERVICE 225.00 CAREER POINT INC SERVICE 770.00 CATHERINE CRAIG REIMBURSEMENT 48.99 CATHERINE ZAKOIAN, MA SERVICE 390.00 CENTRAL SERVICES/EC SERVICE 507.88 COLORADO COUNTIES INC SERVICE 76.24 7 06-03-2003 COLORADO STATE UNIVERSITY SERVICE 1,000.00 CORPORATE EXPRESS SUPPLIES 8.10 CRAIG SMITH REIMBURSEMENT 273.94 EAGLE COUNTY SHERIFFS OFF SERVICE 34.3, EAGLE PHARMACY SUPPLIES 19.95 EXECUTIVE TOWERS INN SERVICE 194.00 FORINASH KATHLEEN REIMBURSEMENT 148.74 HEAL TH INSURANCE FUND EMPLOYEE BENEFIT 1,136.03 HIGH COUNTRY COPIERS SUPPLIES 512.55 JEFFERSON COUNTY SHERIFFS SERVICE 12.03 JENNIFER WORCESTER REIMBURSEMENT 183.55 JERRI OLSON REIMBURSEMENT 329.37 JOEL KARR REIMBURSEMENT 621.24 JOHN C COLLINS PC REIMBURSEMENT 5,661.60 JOSE BANUELOS SERVICE 480.00 KAREN LAJOY SMITH MA LPC SERVICE 300.00 LOAF N JUG SERVICE 18.00 LYONS KATHLEEN REIMBURSEMENT 112.23 NICOLE KELSAY REIMBURSEMENT 179.15 PETTY CASH ACCOUNTING SERVICE 353.09 PROCESS FORWARDING SERVICE 69.90 RED RIBBON PROJECT SERVICE 2,030.92 RENEE FIELDS REIMBURSEMENT 426.76 RENEE RICHARDS REIMBURSEMENT 14.66 RITA WOODS REIMBURSEMENT 94.31 SAMARITAN CNTR OF ROCKIES SERVICE 420.00 STATE FORMS CENTER SERVICE 175.50 SUBURBAN LODGE OF EAGLE SERVICE 112.00 SUSPENSE FUND SERVICE 9,155.25 VERIZON WIRELESS, SERVICE 372.79 VIRGINIA AVILA SERVICE 186.88 WALMART AVON SERVICE 274.04 WELLS FARGO PAYROLL EXPD 27,736.66 XEROX CORPORATION SERVICE 80.80 PAYROLL FOR MAY PAYROLL 9, 10 & 11 57,803.08 118,747.57 WRAP FUND JACKIE CRANDALL SERVICE 375.00 JC PENNY SERVICE 400.00 MELISSA WILLIAMS SERVICE 465.00 1,240.00 RETIREMENT FUND SUSPENSE FUND EMPLOYEE BENEFIT 98,125.07 98,125.07 CAPITAL IMPROVEMENTS FUND AMERICAN CIVIL CONSTRUCTR SERVICE 49,031.60 ANIXTER COMMUNICATIONS SERVICE 917.46 ATLANTIS, LLC SERVICE 2,755.12 8 06-03-2003 BEAUDIN GANZE CONSULTING CO DEPT PUBLIC HEALTH & COMMUNITY DEVELOPMENT DATA COMM WAREHOUSE EAGLE COMPUTER SYSTEMS EAGLE PARK RESERVOIR COMP EVANCHO PAINTING HOLIDAY INN EXPRESS J S LENGEL ASSOCIATES INC MICRO WAREHOUSE OLD NATIONAL JASPER PEAK CIVIL ENGINEERING IN WABASH VALLEY WRIGHT WATER ENGINEERS SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE 804.14 203.00 729.71 871.12 3,745.00 607.00 7,550.00 279.80 1,000.00 841.73 31,711.30 20,415.00 3,503.42 3,795.73 128,761.13 SALES TAX E.V. TRANSP. AMERICAN PUBLIC TRANSIT ANDREA VESQUE ANITA PERCIFIELD AT & T WIRELESS SERVICES B & H SPORTS BARNES DISTRIBUTION BIG STEVES TOWING CARTER & ALTERMAN CASTA CASTLE PEAK AUTOMOTIVE CENTRAL DISTRIBUTING COLLETTS COLORADO MOTOR PARTS COLUMBINE MARKET COPY PLUS CORPORATE EXPRESS CUMMINS ROCKY MOUNTAIN DCS AMERICA INC DDI EQUIPMENT DEEP ROCK WEST DESIGN GLASS INCORPORATED DOCTORS ON CALL DRIVE TRAIN INDUSTRIES EAGLE COUNTY MOTOR POOL EAGLE PHARMACY ELEMENT K JOURNALS FAMILY SUPPORT REGISTRY FEDERAL EXPRESS G & K SERVICES GAY JOHN SONS INC GENERAL ELECTRIC GEORGE KUERSTEN GILLIG CORPORATION HANSON EQUIPMENT HASLER INC HEALTH INSURANCE FUND HOLY CROSS ELECTRIC ASSOC IMPACT GRAPHICS & SIGNS IMS COLORADO JANET FIELD SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES PARTS SERVICE PARTS SERVICE SERVICE SERVICE PARTS PARTS SUPPLIES SERVICE REIMBURSEMENT SERVICE SERVICE SUPPLIES SERVICE REIMBURSEMENT PARTS PARTS SERVICE EMPLOYEE BENEFIT SERVICE SERVICE SERVICE REIMBURSEMENT 9 06-03-2003 176.00 83.22 148.75 141.33 630.97 54.24 1,750.00 5,250.00 375.00 325.00 831.61 658.85 74.78 13.96 196.52 689.25 55,788.80 4,000.00 768.29 59.60 650.75 275.00 16,292.01 37,113.94 19.94 77.00 230.76 75.20 650.44 3,417.86 296.08 0.52 20,780.40 88.92 178.50 1,718.72 1,664.92 22.00 36.75 143.69 JAY MAX SALES SUPPLIES 93.60 KINDER MORGAN INC SERVICE 1.72 KINETICO WATER PROS SERVICE 70.00 KKCH RADIO SERVICE 200.0 KTUN-FM RADIO SERVICE 400.0_ KZYR-COOL RADIO LLC SERVICE 333.00 LAWSON PRODUCTS PARTS 1,105.35 LEGACY COMMUNICATIONS INC SERVICE 192.50 LIGHTS ON BROADWAY PARTS 200.00 LUMINATOR PARTS 209.16 M & M AUTO PARTS SERVICE 24.99 MAIN AUTO PARTS PARTS 61.10 MAN ENGINES & COMPONENTS PARTS 551.80 MEDICAL CENTER OF EAGLE SERVICE 67.60 MICRO WAREHOUSE SERVICE 1,126.90 MOUNTAIN EQUIPMENT SERVICE 479.00 NEOPART PARTS 212.48 NEW PIG CORPORATION SUPPLIES 905.65 PANORAMIC GROUP SERVICE 4,549.55 PETTY CASH ACCOUNTING SERVICE 1,280.00 QUILL CORPORATION SUPPLIES 39.99 QWEST SERVICE 394.15 ROAD AND BRIDGE DEPARTMEN SERVICE 395.04 ROCKY MOUNTAIN FLEET SERVICE 250.00 SAFETY KLEEN (WHICITA) SERVICE 116.06 SAN DIEGO COUNTY OF THE REIMBURSEMENT 83.07 SUMMIT LUMBER SUPPLIES 43.02 SUSPENSE FUND SERVICE 13,446.32 THE RELlZON COMPANY SUPPLIES 695.62 TIM MINAROVICH REIMBURSEMENT 700.00 TOWN OF GYPSUM SERVICE 839.9 TOWN OF VAIL SERVICE 4,742.89 TOWNSEND MANAGEMENT SRVCS SERVICE 3,000.00 UNITED LABORATORIES SUPPLIES 687.88 UNITED STATES WELDING SERVICE 141.03 VAIL TRAIL THE SERVICE 400.00 VALLEY SIGNS SERVICE 616.65 VERIZON WIRELESS, SERVICE 32.91 WELLS FARGO PAYROLL EXPD 60,684.74 WHITEALLS ALPINE SUPPLIES 157.80 WYLACO SUPPLY COMPANY PARTS 8.40 XCELENERGY SERVICE 272.64 XEROX CORPORATION SERVICE 69.97 YOUR PERSONAL CHEF SERVICE 270.00 ZEE MEDICAL SERVICE SUPPLIES 106.75 ZEP MANUFACTURING COMPANY SERVICE 89.41 PAYROLL FOR MAY PAYROLL 9,10 & 11 150,236.58 406,334.82 SALES TAX E.V. TRAILS ALPINE ENGINEERING SERVICE 19,659.50 COLORADO MOUNTAIN NEWS SERVICE 249.99 COLUMBINE MARKET SUPPLIES 61.0 COPY COpy SERVICE 15.7... COPY PLUS SERVICE 26.00 10 06-03-2003 FEDERAL EXPRESS SERVICE 5.50 HEAL TH INSURANCE FUND EMPLOYEE BENEFIT 8.04 METCALF ARCHAELOGICAL SERVICE 185.00 ROAD AND BRIDGE DEPARTMEN SERVICE 3,867.00 SUSPENSE FUND SERVICE 206.07 UNITED STATES POSTAL SERV SERVICE 1,000.00 VAIL PRINTING AND SERVICE 1,204.00 WATERSHED ENVIRONMENTAL SERVICE 892.87 WELLS FARGO PAYROLL EXPD 1,309.83 YEH & ASSOCIATES INC SERVICE 17,976.07 46,666.70 SALES TAX R.F.V. TRANSP. ROARING FORK SERVICE 62,475.91 62,475.91 SALES TAX R.F.V. TRAILS ROARING FORK SERVICE 6,941.77 6,941.77 AIRPORT FUND AAAA SEPTIC PUMPING SERVICE 250.00 ACTION TRAINING SYSTEMS SERVICE 786.00 ACTIVE COMMUNICATIONS SERVICE 24.90 AIR FILTER SALES SERVICE SUPPLIES 534.76 AIRPLANNERS, LLC SERVICE 2,500.00 AMERICAN AVIONICS INC SERVICE 886.00 ARCH COMMUNICATIONS SERVICE 402.54 AT & T WIRELESS SERVICES SERVICE 62.48 BERTHOD MOTORS SERVICE 146.83 BROWNING FERRIS IND SERVICE 384.74 CABELAS SERVICE 234.35 CALOIA & HOUPT PC SERVICE 1,497.47 CENTRAL SERVICES/EC SERVICE 287.98 CENTURYTEL SERVICE 4,890.00 COLORADO MOTOR PARTS SUPPLIES 28.95 COLUMBINE MARKET SUPPLIES 190.58 CORPORATE EXPRESS SUPPLIES 666.36 DEBORAH CHURCHILL REIMBURSEMENT 72.29 DEEP ROCK WEST SERVICE 195.33 DOLPHIN CAPITAL CORP SERVICE 406.48 DRAGONS BOOT & SHOE SERVICE 113.86 EAGLE COUNTY PURCHASING SUPPLIES 119.00 EAGLE PHARMACY SUPPLIES 24.45 EAGLE VALLEY PRINTING SUPPLIES 290.00 EAGLE VALLEY TILE CARPET SERVICE 12.11 GLENWOOD SHIRT COMPANY SERVICE 165.00 GYPSUM TOWN OF SERVICE 344.25 HEAL TH INSURANCE FUND EMPLOYEE BENEFIT 674.11 HILL & COMPANY SERVICE 189.55 HOL Y CROSS ELECTRIC ASSOC SERVICE 2,508.76 HONEY BUN BAKERY SERVICE 14.00 11 06-03-2003 INTERMOUNTAIN SWEEPER SERVICE 176.00 KINDER MORGAN INC SERVICE 1,280.41 LAWSON PRODUCTS SUPPLIES 364.06 LEGACY COMMUNICATIONS INC SERVICE 430.92 M & M AUTO PARTS SUPPLIES 81.78 MACDONALD EQUIPMENT CO SUPPLIES 637.53 MAIN AUTO PARTS SUPPLIES 24.35 MIDWEST AIR TRAFFIC SERVICE 26,350.00 MIKE NOEL SERVICE 20.00 MONSTER V AC SERVICE 1,800.00 MUL TI ELECTRIC MFG INC SERVICE 316.55 NEXTEL SERVICE 1 ,417.27 NOBLE WELDING SERVICE 60.00 OSHKOSH TRUCK CORPORATION SUPPLIES 465.23 PETTY CASH ACCOUNTING SERVICE 300.00 SERVICEMASTER CLEAN SERVICE 1,161.49 SIGNATURE SIGNS SERVICE 141.90 SUMMIT LUMBER SUPPLIES 118.29 SUSPENSE FUND SERVICE 3,336.85 TIRE DISTRIBUTION SYSTEMS SERVICE 517.00 TRI COUNTY FIRE SERVICE 332.00 VERIZON WIRELESS, SERVICE 40.84 WELLS FARGO PAYROLL EXPD 18,126.17 WESTERN IMPLEMENTS SUPPLIES 4,660.57 WHEATLAND FIRE EQUIPMENT SERVICE 14.90 WILLIAM E PAYNE & ASSOC SERVICE 2,536.36 WORLDCOM SERVICE 194.77 WYLACO SUPPLY COMPANY SUPPLIES 115.77 XEROX CORPORATION SERVICE 323.19 PAYROLL FOR MAY PAYROLL 9, 10 & 11 47,865.94 132,113.27 MICROWAVE MAINTENANCE FUND CENTURYTEL SERVICE 11,700.00 11,700.00 JMC-COP DEBT SERVICE FUND JMC CONSTRUCTION FUND SERVICE 282,290.72 282,290.72 CAPITAL EXPENDITURE FUND DENVER TENT COMPANY SERVICE 7,500.00 7,500.00 CONSTRUCTION FUND EVANCHO PAINTING SERVICE 1,650.00 PALIN EQUIPMENT, CORP. SERVICE 6,000.00 SEQUIN FIBERGLASS SERVICE 17,090.00 12 06-03-2003 24,740.00 LANDFILL FUND 21 ST CENTURY SEEDERS INC SERVICE 12,994.50 ACZ LABORATORY INC SERVICE 489.00 BERTHOD MOTORS SERVICE 45,575.30 CALIFORNIA CONTRACTORS SUPPLIES 287.28 CENTRAL SERVICES/EC SERVICE 46.14 DEEP ROCK WEST SERVICE 81.95 DOWN VALLEY SEPTIC SERVICE 345.00 EAGLE COUNTY PURCHASING SUPPLIES 1.20 GRAND JUNCTION PIPE AND SUPPLIES 1,490.00 HEALTH INSURANCE FUND EMPLOYEE BENEFIT 467.76 INTERWEST SAFETY SUPPLY SUPPLIES 239.56 KRW CONSULTING INC SERVICE 4,394.07 LAFARGE CORPORATION SERVICE 3,092.15 MOTOR POOL FUND SERVICE 48,344.84 OXFORD RECYCLING INC SERVICE 15,736.16 QUILL CORPORATION SUPPLIES 429.90 RIVERWALK MASTER SERVICE 1,666.98 ROAD AND BRIDGE DEPARTMEN SERVICE 55,572.60 SANDYS OFFICE SUPPLY SUPPLIES 40.35 SUSPENSE FUND SERVICE 2,373.08 VAIL DAILY THE SERVICE 100.00 WAGNER CONSTRUCTION INC SERVICE 47,000.88 WELLS FARGO PAYROLL EXPD 8,643.66 ZEE MEDICAL SERVICE SUPPLIES 80.89 PAYROLL FOR MAY PAYROLL 9, 10 & 11 22,351.54 271,844.79 MOTOR POOL FUND BEALL TRAILERS OF CO,INC. SERVICE 461.90 BERTHOD MOTORS SERVICE 159.74 BRODY CHEMICAL SUPPLIES 315.24 BURT CHEVROLET, INC SERVICE 122.85 CAPITAL IMPROVEMENT FUND SERVICE 337,869.00 CCG SYSTEMS SERVICE 5,000.00 CENTRAL DISTRIBUTING SUPPLIES 323.25 COLLETTS SUPPLIES 26,936.69 COLORADO MOTOR PARTS SUPPLIES 1,651.79 DAVID CARTER REIMBURSEMENT 7.20 EAGLE AMOCO SERVICE 123.00 FARIS MACHINERY CO SERVICE 168.20 FITZSIMMONS MOTOR COMPANY SERVICE 20.00 G & K SERVICES SUPPLIES 612.11 G JCT CHRYLSER JEEP DODGE SERVICE 17,368.00 GALLS INCORPORATED SUPPLIES 250.97 GAY JOHN SONS INC SERVICE 1,432.61 GLENDA WENTWORTH REIMBURSEMENT 14.01 GLENWOOD RADIATOR REPAIR SERVICE 272.00 GLENWOOD SPRINGS FORD SERVICE 19,720.00 GOODYEAR WHOLESALE TIRE SERVICE 2,173.90 GRAND JUNCTION PIPE AND SUPPLIES 30.63 HANSON EQUIPMENT SUPPLIES 5,527.42 HARTS AUTO SUPPLY SUPPLIES 574.16 13 06-03-2003 HEAL TH INSURANCE FUND EMPLOYEE BENEFIT 431 .72 HELEN MIGCHELBRINK REIMBURSEMENT 47.10 HENSLEY BATTERY SERVICE 567.40 HOL Y CROSS ELECTRIC ASSOC SERVICE 1 ,201.4~ HONNEN EQUIPMENT SERVICE 247,731.00 J&S CONTRACTORS SUPPL Y CO SUPPLIES 61.90 JMC COP DEBT SERVICE FUND SERVICE 498,212.00 KOIS BROTHERS SERVICE 534.00 LAWSON PRODUCTS SUPPLIES 842.26 LEADING EDGE TECHNOLOGIES SERVICE 300.00 LEO V JIMENEZ REIMBURSEMENT 33.00 MAIN AUTO PARTS SUPPLIES 517.29 MICHAEL BAUER REIMBURSEMENT 10.00 MOTOR POOL FUND SERVICE 3,582.80 MUNICIPAL CONTRACTORS SERVICE 173.20 NAPA AUTO PARTS-CARBONDLE SUPPLIES 5.54 NOVUS AUTOGLASS SERVICE 1,280.00 PETTY CASH MOTOR POOL SERVICE 176.50 POWER EQUIPMENT COMPANY SERVICE 13.61 POWER MOTIVE SERVICE 1,295.32 ROCKY MOUNTAIN FLEET SERVICE 250.00 SAFETY KLEEN (WHICITA) SERVICE 116.06 SAN DIEGO COUNTY OF THE REIMBURSEMENT 83.07 SUMMIT LUMBER SUPPLIES 129.4 7 SUSPENSE FUND SERVICE 3,238.96 TOWN OF GYPSUM SERVICE 620.13 TRUCKSTUFF AND HITCHES SERVICE 259.00 UNITED STATES WELDING SERVICE 266.30 VEEDER-ROOT COMPANY SERVICE 99.00 WAGNER EQUIPMENT COMPANY SUPPLIES 875.51 WEAR PARTS EQUIPMENT SUPPLIES 563.00 WELLS FARGO PAYROLL EXPD 14,303.99 WYLACO SUPPLY COMPANY SUPPLIES 1,705.28 ZEE MEDICAL SERVICE SUPPLIES 95.49 PAYROLL FOR MAY PAYROLL 9,10 & 11 33,104.02 1,233,860.03 HEALTH INSURANCE FUND DENMAN GREY AND COMPANY EMPLOYEE BENEFIT 1,025.00 MOUNTAIN STATES ADMIN. EMPLOYEE BENEFIT 35,738.31 EMPLOYEE BENEFIT 3,646.07 UNITED STATES LIFE INS EMPLOYEE BENEFIT 4,263.70 44,673.08 ENHANCED E911 FUND CENTURYTEL SERVICE 179.60 JOHNSON KUNKEL & ASSOC SERVICE 4,313.75 LANGUAGE LINE SERVICES SERVICE 49.75 QWEST SERVICE 18,623.34 23,166.44 5,345,586.24 14 06-03-2003 Chairman Gallagher thanked the Department Heads and ask them to take the Board's gratitude to all nployees for the magnificent response with the emergency that occurred along Interstate 70 in East Vail. _ e stated before anyone knew what was happening the County Road & Bridge Department was on the road with trucks and heavy equipment and were part of the front line troops, along with the Sheriffs Department. He stated the Board understands that everyone is part a part of the team. The Board is grateful for what the County staff does for the public. Commissioner Stone stated Brad Higgins, Road & Bridge Director, keeps his equipment cleaner than anyone. Executive Session Chairman Gallagher stated the first matter before the Board was an Executive Session. Commissioner Stone moved to adjourn into Executive Session for the purpose of receiving legal advice on negotiations with the Vail Valley Jet Center concerning the 8th Amendment to the FBO Agreement and concerning receiving legal advice on matters related to the pond at Berry Creek and the Eagle County School District. Finally, concerning negotiations and legal advice concerning a proposal by WECMRD for development at Berry Creek and the Fair Grounds, all of which are appropriate topics for discussion pursuant to C.R.S. 24-6-402(4)(b) and (e). Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn from Executive Session and reconvene into the regular meeting. Commissioner Stone seconded the motion. The vote was declared unanimous. Consent Agenda Chairman Gallagher stated the next matter before the Board was the Consent Agenda as follows: A) Approval of bill paying for the week of June 2 & 9, 2003, subject to review by County Administrator B) Approval of payroll for June 12,2003, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioners meeting for May 20, 2003 D) First Amendment to the Agreement for Professional Services for the delineation of the flood plain of the Eagle and Colorado Rivers E) Trench, Conduit and Vault Agreement with Holy Cross Energy for the Electric Installation in and around Cemetery Bridge F) GIS Consulting Services for on-site ARCSDE assistance G) Agreement between Eagle County and the Colorado Department of Public Health and Environment for Tuberculosis Control Services H) United Way Application for Early Childhood Coaching and Consultation Program I) United Way Application for Retired and Senior Volunteer Program J) Modification of Waste Tire Contract with the Department of Local Affairs K) Cooperative Agreement between Eagle County and the US Geological Survey to conduct continued work on groundwater vulnerability mapping project L) Resolution 2003-063, for Release of Assignment of Certificate of Deposit for Road Cut Permit No. 2938 for Patrick Ryan M) Resolution 2003-064, for Final Release of Collateral, Release of Plat Note and Termination of the Warranty Period for Cordillera Filing No. 31 N) Resolution 2003-065, to vacate a portion of West Lake Creek Road and all of Lake Court 0) Application and Agreement for Letter of Credit as required by Air Service Agreement 15 06-03-2003 P) Change Order #1 to the Contract with Stevens Home Care for the trees along Miller Ranch Road Q) Bid Award, 2003 Guardrail Project to Gonzales Construction CO, Inc., POBox 1468 Dolores, Colorado. Chairman Gallagher asked the Attorney's Office if there were any changes to the Consent Agenda. Diane Mauriello, County Attorney, requested items C, D and 0, be pulled from the Consent Agenda. She stated item C is already noted on the agenda as deleted. Item D is the First Amendment to the Agreement for delineation of the flood plain of the Eagle and Colorado Rivers, is being amended with the preparation of an exhibit and is not ready for the Board's signature. She stated item 0, Change Order #1, Stevens Home Care will take the form of a Resolution. She requested the Board hear this matter after the Consent Agenda.. Chairman Gallagher asked about item F, the GIS Consulting Services and wondered ifit had to do with switching the system.. John Straight, Director of GIS, explained it was for the installation ofthe new servers and core software. Commissioner Stone questioned item J, Waste Tire Contract with the Department of Local Affairs. He suggested having a work session with the Landfill crew on landfill fees, recycling, and volume of trash. He stated it may be worth it for the County to purchase a tub grinder to compact the trash. Commissioner Menconi questioned the recon project time frame. Commissioner Stone moved to approve the Consent Agenda as presented, items A through Q, excepting items C, D and 0.. Commissioner Menconi seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Cliff Simonton, Planner, presented the following plats and resolutions for the Board's consideration: Resolution 2003-066, To Approve an Amendment to the Red Sky Ranch PUD Guide (Eagle County File No. PDA-00040). The Board considered the Applicant's request on December 17th, 2002. Commissioner Menconi moved to approve Resolution 2003- ???, to approve an amendment to the Red Sky Ranch PUD Guide, Eagle County File No. PDA-00040. Commissioner Stone seconded the motion. The vote was declared unanimous. Resolution 2003-067, Approving a Site Specific Development Plan for the Colorado Mountain College Eagle River Valley Academic Center on Alternative Use Tract A ofthe Berry Creek / Miller Ranch Planned Unit Development (Eagle County File No. PR-00021). The Board considered the Applicant's request on May 20th, 2003. Commissioner Stone moved to approve Resolution 2003- ???, Approving a Site Specific Development Plan for the Colorado Mountain College Eagle River Valley Academic Center on Alternative Use Tract A of the Berry Creek / Miller Ranch Planned Unit Development, Eagle County File No. PR-00021. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2003-068, Approving the Subdivision Sketch Plan and the Subdivision Preliminary Plan and Zone Change for Lot 10.2 ofthe New York Mountain Project (Eagle County Files No. SUS-00012, SUP- 00007 and ZC-00062) The Board considered the Applicant's request on May 6th, 2003. Commissioner Menconi moved to approve Resolution 2003-068, approving the Subdivision Sketch Plan and the Subdivision Preliminary Plan and Zone Change for Lot 10.2 of the New York Mountain Project, file numbers SUS-00012, SUP-00007 and ZC-00062. Commissioner Stone seconded the motion. The vote was declared unanimous. 16 06-03-2003 Cost Allocation Plan Robbie Arndt, Accounting Technician, and Julie Snyder, Controller, were present to discuss the cost llocation plan. She stated the plan is for reimbursement to the County. This year it has gone down slightly and the reason is that property insurance went down significantly and salaries and benefits went up. Therefore the indirect rate went down. It is based on square footage, wages and associated rates for those items for Health and Human Services. Commissioner Stone moved to approve the Cost Allocation Plan for 2002 as presented. Commissioner Menconi seconded the motion. The vote was declared unanimous. Final Settlement, American Civil Constructors, Inc. Diane Mauriello presented final settlement for American Civil Constructors, Inc., for design and building of a synthetic turf soccer field on Eagle County's Recreation Parcel Tract C, at Berry Creek / Miller Ranch, Edwards. She stated this matter was published and no claims have been received. Commissioner Menconi moved to approve final settlement for American Civil Constructors, Inc., for design and building of a synthetic turf soccer field on Eagle County's Recreation Parcel Tract C, at Berry Creek / Miller Ranch, Edwards. Commissioner Stone seconded the motion. The vote was declared unanimous. Temporary Fire Suppression, Two Rivers Village Dan Stanek, Building Official, presented the temporary fire suppression plan update for Two Rivers Village. He stated Dave Vroman, Gypsum Fire Protection District, and he visited the site and the temporary fire suppression plan and access is still in place. Chairman Gallagher asked if it was now at a point where Mr. Stanek could bring it back to the Board only ifthere is another problem Mr. Stanek answered yes. The Board thanked Mr. Stanek for the update. Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Eagle County Liquor Licensing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. Ore House Mustang Grill Earlene Roach presented a new application for a hotel & restaurant license for Ore House Edwards LLC, d/b/a Ore House Mustang Grill. This establishment is located in the old Asia location. The first order of business is to establish the neighborhood and then the needs of the neighborhood. Staff recommends the neighborhood be "from the 1-70 Interchange, south along Edwards Access Road spreading east and west to include Riverwalk Subdivision, Riverfront Subdivision, South 40 Subdivision and Edwards Village Center". Commissioner Stone moved to establish the neighborhood as from the 1-70 Interchange, south along Edwards Access Road spreading east and west to include Riverwalk Subdivision, Riverfront Subdivision, South 40 Subdivision and Edwards Village Center. Commissioner Menconi seconded the motion. The vote was declared unanimous. The next order of business is to establish the needs of the neighborhood. The applicant has presented a netition which staffhas given to the Chairman. There is a total of 100 signatures, 83 from Edwards, 3 from ail, 11 from Avon, 2 from Gypsum and 1 from Minturn. 17 06-03-2003 Commissioner Menconi moved to establish the needs of the neighborhood as evidenced by the submitted petition and testimony at this hearing. Commissioner Stone seconded the motion. The vote was declared unanimous. Also included in this application is a manager's registration for Christopher Lloyd. This application is in order and all fees have been paid. All applicants are reported to be of good moral character. The applicants own other establishments, one in Vail, one in Mintum, one in Steamboat and one in Frisco. Staff checked with all entities and there have been no problems with any of them. Referral letters were sent to the following: Joe Hoy, Eagle County Sheriff Keith Montag, Director of Community Development Ray Merry, Director of Environmental Health Dan Stanek, Building Official Diane Mauriello, County Attorney Joyce Mack, Eagle County Assessor Karen Sheaffer, Eagle County Treasurer Brad Higgins, Director of Road & Bridge Helen Migchelbrink, County Engineer. Reply responses are included in the Board's packets. Jeff Little and John Beaupre, owners, and Christopher Lloyd, manager, were present for the hearing. Chairman Gallagher asked for the manager's experience in operating a liquor establishment under Colorado law. Mr. Lloyd stated he had been the manager of Garfinkel's in Vail for the past four years. He stated the establishment had a checkered past before he took it over. Since that time they have had a few problems but no citations. He stated they worked well with the Town of Vail Liquor Authority and Police Department. Chairman Gallagher commented on Mr. Lloyd's statement about having a few problems but no citations. He stated to this Board issues are just as important as citations. He stated this Board very strongly considers the effect of alcohol on the public, over service, and will not hesitate to suspend, revoke or deny a renewal. Mr. Lloyd stated his comments were probably not the right choice of words. He stated Garfinkels did over a million dollars in alcohol sales and worked together with all entities. Chairman Gallagher asked if that was a tavern license or a hotel & restaurant. Mr. Lloyd stated it was a hotel and restaurant license. Commissioner Menconi moved to approve a new hotel & restaurant license for Ore House Edwards, LLC, d/b/a Ore House Mustang Grill. Commissioner Stone seconded the motion. The vote was declared unanimous. Chairman Stone stated he appreciates the new referral letters to assure each establishment is in compliance. Commissioner Stone moved to approve a manager's registration for Christopher Lloyd, Ore House Edwards LLC, d/b/a Ore House Mustang Grill. Commissioner Menconi seconded the motion. The vote was declared unanimous. Coyote Cafe Earlene Roach stated the next item was a continuation of a renewal hearing held May 20, 2003 concerning a possible over service violation for Diamond Five Ltd, d/b/a Coyote Cafe. The Board tabled this matter until the day to give the applicant time to prepare an Alcohol Management Plan. That plan is before the Board at this time. The Board may reject a renewal application for "good cause" which is defined as 1) licensee's violation or failure to comply with the rules and regulations as set forth in the Colorado Liquor Code or 2) evidence that the licensed premises have been operated in a manner that 18 06-03-2003 adversely affects the public health, welfare, or safety ofthe immediate neighborhood in which the establishment is located, which evidence must include a continuing pattern of fights, violent activity or 'isorderly conduct. The Board can 1) renew the license issuing caution to the applicant, 2) deny the renewal ofthe license or 3) in lieu of denial, stipulate with the applicant that renewal will be conditioned upon a term of suspension or other mitigating circumstances. The Board has a copy of the minutes from the last meeting included in their packets. Jeff Forbes, owner, and Gary Busby, manager, was present for the hearing. Chairman Gallagher stated he would offer one change on page five, refers to the manager checking for anyone close to over service. He stated it is not one of the items listed for the servers who have more contact with the customers. He suggested they also have that duty. Jeff Forbes, owner, was present for the hearing. He stated he does take over service seriously. Chairman Stone asked about staff recommendations. He asked about the difference between the two. Ms. Roach stated one recommendation is to hold all suspension days in abeyance and one recommendation is for the applicant to serve some of the suspension. Commissioner Stone stated it is his recommendation is to hold all days in abeyance. He stated if a violation occurs again within one year, all of those days plus the new violation suspension would both be in effect. Commissioner Stone asked if the Board had to be specific on the number of days of suspension and what would be staffs recommendation. Ms. Roach stated they do have to be specific and recommended 10 days suspension as that is what the Board used at the last hearings. Bryan Treu, Assistant County Attorney, stated the applicant must agree with the stipulation. Mr. Forbes stated he does agree. Commissioner Stone moved there is evidence in the record to deny the renewal of a hotel and restaurant . cense for Diamond Five, Ltd., d/b/a Coyote Cafe, but based on the stipulation by the applicant of a suspension of ten days, that renewal of the license is appropriate. All ten days will be held in abeyance for a period of one year. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2003-069, Application for Letter of Credit Diane Mauriello presented Resolution 2003-069, authorizing the Chairman of the Board of County Commissioners to execute the application for Letter of Credit and Agreement for Letter of Credit with Wells Fargo Ban1e She stated the Board has copies of the Letter of Credit. She related Wells Fargo Bank is working to amend the application so that the letter can be issued. She stated the Resolution recognized that the Board entered into an Air Service Agreement with American Airlines on May 6, 2003. That Agreement -stipulates that American Airlines will provide summer service to Eagle County. A condition of that agreement was that Eagle County will provide a Letter of Credit to American Airlines in the amount of $200,000.00. The Resolution also states that the Chairman ofthe Board can execute the application and agreement for issuance. Commissioner Menconi moved to approve Resolution 2003-069, authorizing the Chairman of the Board of County Commissioners to execute the application for Letter of Credit and Agreement for Letter of Credit rith Wells Fargo Bank. Commissioner Stone seconded the motion. The vote was declared unanimous. 19 06-03-2003 PDA-00043, Elliott Ranch PUD Amendment Joe Forinash, Planner, presented file number PDA-00043, Elliott Ranch PUD Amendment. He stated the applicant is requesting this matter be tabled to July 1, 2003. He stated on one of the lots a lodge is a permitted use. The applicant is requesting the use be expanded to allow small groups to have special events such as weddings and a cooking class. Chairman Gallagher asked if this would be a contentious item. Mr. Forinash stated a few ofthe neighbors have raised objections to this file. Commissioner Stone moved to table file number PDA-00043, Elliott Ranch PUD Amendment to July 1, 2003, at the applicants request. Commissioner Menconi seconded the motion. The vote was declared unanimous. ZC-00054 and SMA-00018, Bear Trail Estates Cliff Simonton presented file numbers ZC-00054 and SMA-00018, Bear Trail Estates. He stated topics discussed by the Eagle County Planning Commission at its regularly scheduled meeting of February 5, 2003 include the following: Options to upgrade the creek crossing on the existing driveway to accommodate the 100 year storm event. Options to access the lower building envelope site. The source of water for agricultural uses when livestock (horses) are present on the property. The possibility of establishing standards for water use conservation on the property through language in a home owners covenant. At the close of deliberation, the Planning Commission recommended approval of the proposed zone change for the property from Resource (R) to Agricultural Residential (AR). The Applicant proposes a zone change and minor subdivision on a 37.3 acre parcel located approximately 3.5 miles up Squaw Creek Road. Zoning would change from present day Resource (R) to Agricultural Residential (AR). Two lots would be created, each 18 acres in size (the remaining 1.3 acres is the Road ROW for Squaw Creek Road which passes through the western part ofthe subject property). The AR zone district allows a minimum lot size of 10 acres. A single family home, various accessory buildings, and an 800 square foot accessory dwelling unit presently exist on the property, and would remain on the proposed Lot 1. A new residence on the proposed Lot 2 will be confined to a building envelope located near the stream on the valley floor. A second agricultural building envelope is also indicated on an upper bench of the new Lot 2. No residential structure will be allowed on the upper bench site, however, as recommended by Eagle River Fire Protection District. Access to the existing home is via a driveway that crosses Squaw Creek and then climbs the eastern side of the valley through several steep switchbacks. The proposed residential building envelope on Lot 2 is just outside the flood plain to the east of the Squaw Creek, and will require a separate driveway over an engineered culvert crossing of the stream. Water is proposed to be provided through an existing well, which is permitted by the State to supply as many as three single family homes. Sewage disposal would be by Individual Sewage Disposal Systems (ISDS). The subject property has supported a single family home since 1978. Other than building permits, no land use applications predate this file. Referral responses are as shown in staff report and as follows: Engineering: (01/15/03) A variety of comments and requests related to the site plan and plat were detailed (please see attached). 20 06-03-2003 The drainage and floodplain report must demonstrate compliance with the drainage standards in Section 4-650 of the ECLUR The culvert for the existing driveway should be upgraded to the maximum extent possible based on a tandard that requires the passage of a 100- year flood event. The driveway should be designed to handle over-topping by the creek and the culvert sized large enough to ensure that Squaw Creek Road is not inundated as a result of the driveway design. The timing and logistics of the construction of the proposed subdivision improvements needs to be outlined. Eagle County School District (01/10/03) Fee in Lieu ofland is requested. Based on the development of two residential lots in the Edwards area, a fee of$1585.05 will be required (the calculation provided in the referral response letter is inaccurate, as it was based on the development of three lots). Colorado Division of Water Resources: (01/21/03) The proposed water supply will not cause material injury to decreed water rights, however, a Water Resource Report is required to confirm quality, quantity and dependability issues. Colorado State Forest Service (02/04/03) Wildfire hazard rating for the subject property is moderate. Defensible space, a reliable water supply, roofing material and access should all meet Eagle County standards. Colorado Geological Survey (CGS): (01/27/03) Cannot comment on the suitability of CTL/Thompson's recommended mitigation design for debris flows, as snow cover prevented full analysis of site. Would request an opportunity to revisit the site in the spring when snow has melted. Again, due to snow coverage, was not able to assess the identified potential for rock fall hazard. Would recommend dislodging precariously perched boulders in advance of construction. To better insure the stability of steep slopes, cuts and fills of more than five (5) feet should be designed uy geotechnical engineer, and in no instance should water be allowed to pond on the upper portions of the property Given the potential for shallow ground water in a non-drought year, the suitability of below ground space in a home proposed for the lower building envelope should be carefully evaluated. An engineered septic system is recommended for the lower building site. A plat note should be included that references all three geologic reports submitted by the Applicant, and advises potential buyers ofthe geologic hazards identified by the same. A plat note should be included that requires debris flow mitigation be installed on the lower building site prior to the issuance of a building permit for that site. A plat note requiring a site specific geotechnical investigation for any new dwelling unit should be included. Second letter from CGS (dated 05/14/03, written after second visit to the site) If any cuts or fills greater than 5 feet are proposed, a slope stability analysis should be performed. Buildings constructed within the lower building envelopes should be placed as far to the north as possible to avoid the outflow area of the debris flow channel. All sides of any fill facing squaw creek should be armored with rip rap. The debris flow channel will require on-going maintenance to ensure its effectiveness in deflecting flow away from structures. All previous comments of the letter of 01/27/03 remain valid Colorado Division of Wildlife: (01/24/03) Dogs Each lot should be limited to 2 dogs Dogs should be licensed, provided suitable outdoor runs, and not allowed to run free 21 06-03-2003 Contractors and subcontractors should be prohibited from bringing dogs onto the site Fencing Wire fencing shall be wildlife friendly with strands at 18, 30, and 42 inches. Other types of fencing shall be no higher than 42 inches and designed to allow the passage of fawns and calves. Privacy and/or security fencing shall be designed to not impede deer and elk movement through the property Horses and Livestock Consultation with the Natural Resources Conservation Service is recommended to determine carrying capacities and waste management plans prior to any livestock being harbored on the site. livestock forage brought on to the site should be certified weed free. Building Envelopes Building envelops (areas of disturbance) should be restricted to no more than 15,000 square feet. All disturbances should be revegetated immediately with native plant species for the purpose of wildfire clearing, envelops may be enlarged to 20,000 square feet. at time of construction, envelops should be delineated with silt fencing. Bears/trash removal Eagle County's bear-trash regulations must be adhered to Refuse should not be disposed on site, but should instead be placed in bear proof containers or hauled off site no later than V2 hour before sundown. No food items or associated trash should be available to wildlife at any time. An escalating penalty system should be initiated during periods of construction to assure adherence to these requirements. Pets should not be fed outdoors Baiting or other means of attracting wildlife to yards shall be prohibited Eagle River Fire Protection District (02/04/03) Access to lower building envelope on new lot appears acceptable Access to upper building envelope is via a driveway that does not meet Eagle County standards. Existing grades, widths and surface materials must be provided on a plan drawn to scale. Proposed fire-fighting water supply will require review and approval by an engineer. The project should conform to Eagle County Regulations regarding development in areas subject to wildfire hazards. Second letter from ERFPD (dated OS/20/03, written after meeting with Community Development and the applicant's representative) The following issues concerning this project have been agreed to: The upper building envelope on lot 2 will be limited to accessory uses - no residential structures will be permitted Any new residential (construction) would required a fire sprinkler system. The water supply for fire-fighting at the lower building envelope was established to be 2400 gallons. Northwest Colorado Council of Governments (NWCCOG) (01/20/03) It is unlikely that development would result in any long term impact to water quality A reasonable Erosion Control Plan has been submitted Engineered ISDS is recommended Additional Referrals were sent to the following with no response received: Eagle County Attorney, Eagle County Surveyor, Eagle County Environmental Health, Eagle County Sheriff, Eagle County Assessors, Eagle County Housing, Natural Resources Conservation District, U.S. Army Corp of Engineers, US WestIPTI, Public Service Company, Holy Cross Electric. Staff findings are as shown on staff report and as follows: FILE SMA-00018 Pursuant to Eagle County Land Use Regulations Section 5-290.G., Standards for the review of a Minor Type 'A' Subdivision: 22 06-03-2003 STANDARD: Consistent with Master Plan. [Section 5-290.G.1.a.] The proposed subdivision shall be consistent with the Eagle County Master Plan and the FLUM of the Master Plan. EAGLE COUNTY MASTER PLAN ~nvirol1mental Open Space/ Development Affordable Service~ Quality Recreation Housing I:onformance X X X X Non ronfoTlllance Mixed Conformance Not X X X Applicable FLUM - The Future Land Use Map shows this site to be within but at the southern boundary of an area designated "Countryside" which includes lots of 2 or more acres. EAGLE COUNTY OPEN SPACE PLAN Land Use Open Space Unique Char. Visual Development Hazlirds Cooperation Provision Preservation Quality Patterns ConfoTIUarice X X X X X Non Conformance Mixed Conformance Not X X Applicable Hazards - A potential for debris flows exist, and the property is impacted by the flood plain of Squaw Creek. Three different engineering firms have provided geological and hazards analysis, and have provided recommendations and methods to mitigate identified hazards. The Colorado Geologic Survey has visited the site and has agreed to the mitigations proposed by the applicant. These mitigations shall be implemented through Plat notes, a proposed subdivision improvement agreement and a homeowners covenant. Wildlife - The area is indicated on Master Plan maps as winter range for both deer and elk. The Division of Wildlife has recommended a variety of standards for pets, site disturbance, fencing and trash disposal (01/24/03). Reflective of concerns voiced by the DOW, the proposed homeowners covenant includes appropriate standards to assure minimal impact to wildlife. EAGLE RIVER WATERSHED PLAN Water Quantity Water Quality Wildlife Recreation Larid Conformance X X X 23 06-03-2003 Non Conformance Mixed Confonnance Not X X Applicable Quantity and Quality - the plan will utilize an existing well, permitted through the State. An Erosion Control plan has been submitted. Wildlife - see earlier discussion under the Open Space Plan. EAGLE COUNTY COMPREHENSIVE HOUSING PLAN VISION STATEMENT: Housing for local residents is a major priority of Eagle County. There should be a wide variety of housing to fulfill the needs of all its residents, including families, senior citizens, and those who work here. Elements of Eagle County's vision for housing are: Housing is a community-wide issue. Housing should be located in close proximity to existing community centers, as defined in the Eagle County master plan. Development of local residents housing should be encouraged on existing transit routes. Housing is primarily a private sector activity [but] without the active participation of government, there will be only limited success It is important to preserve existing local residents housing. Persons who work in Eagle County should have adequate housing opportunities within the county Development applications that will result in an increased need for local residents housing should be evaluated as to whether they adequately provide for this additional need, the same way as they are evaluated for other infrastructure needs The Eagle County Comprehensive Housing Plan is generally not applicable to this proposed two- lot subdivision. [+] FINDING: Consistent with Master Plan. [Section 5-280.B.3.e (1)] The proposed Subdivision IS consistent with the Master Plan, and it IS consistent with the Future Land Use Map (FLUM). STANDARD: Consistent with Land Use Regulations. [Section 5-290.G.1.b] The proposed subdivision shall comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to the applicable standards of Article 3, Zone Districts and Article 4, Site Development Standards. Article 3, Zone Districts [+] Uses - The residential and accessory residential uses proposed are consistent with those allowed by right, by limited review or by special use in the Agricultural Residential zone district. [+] Dimensional Limitations - No change to current standards is proposed. Article 4, Site Development Standards [+] Off-Street Parking and Loading Standards (Division 4-1) The standard of three off-street parking spaces per single family residence on each 18 acre lot will be met. [+] Landscaping and Illumination Standards (Division 4-2) A landscape plan has not been submitted. However, the subject property is heavily vegetated with mature aspens and related under story shrubs and forbs. Large spruce trees are found along the stream bottom adjacent to Squaw Creek Road and the lower building envelope. Not withstanding the need for the establishment of an appropriate defensible space consistent with wildfire regulations, the Applicant intends to preserve the 24 06-03-2003 existing vegetation to the greatest extent possible. Homeowners covenants have been submitted, and include appropriate discussion of landscaping and illumination standards. [+] Sign Regulations (Division 4-3) Any signs on the subject property shall conform with Eagle County Land Use Regulations. [+] Natural Resource Protection Standards (Division 4-4) Wildlife Protection The site is mapped as lying within mule deer and elk winter range. In their referral response of 01/24/03, the Colorado Division of Wildlife recommended a variety of measures to be taken related to dogs, areas of disturbance, fencing and trash disposal. These recommendations have been incorporated into a set of Homeowner's Covenants for the project. Development in areas subject to Geologic Hazards Geologic hazards have been mapped, and include a potential for debris flows, rock falls incident to construction activities, and development in close proximity to the flood plain of Squaw Creek (see reports by R.J. Irish 04/23/02, and DLD Engineering Inc., 11/07/01). The existing home on proposed Lot 1 is not at risk. The lower residential building envelope on Lot 2 has been located outside the flood plain, and to the north ofthe only debris flow path that would effect development on the new lot. Three separate engineering firms have performed geological and hazards analysis, and have provided recommendations and methods to mitigate identified hazards. Additional berming and channelizing ofthe debris flow path south of the lower envelope is recommended by CTL Thompson (11/25/02) to assure conveyance of debris material around and past the building site. Eagle County Engineering (01/15/03) requested that details related to hazards mapping and mitigation be consolidated on one site plan. This has been completed by the Applicant. The Colorado Geological Survey (CGS) reviewed the site in January, but found assessment of the area difficult due to snow coverage (01/27/03). They returned for a second visit in May, and recommended specific safeguards be incorporated related to slope stability, debris flows and flood protection. Future buyers of the property will be informed of potential hazards, and will be directed to the geotechnical studies that have been performed via plat notes. The channel recommended to protect a home on the lower envelope is considered a public improvement, and will be constructed under the subdivision improvement agreement. Development in areas subject to Wildfire Hazards The Colorado State Forest Service has assigned a Moderate rating to this site (02/04/03), and has recommended defensible space, a reliable water supply, roofing materials and access consistent with current Eagle County regulations. A site specific evaluation will be required prior to the issuance of a building permit on the property, and defensible space and appropriate construction techniques and materials will be required. Analysis by the Eagle River Fire Protection District has resulted in recommendations that residential structures be limited to the lower building envelope on Lot 2, that all new residential construction require sprinkler systems, and that a fire fighting water supply of 2400 gallons be provided for a home on Lot 2. Fire fighting water is considered a public improvement, and the installation of a water storage facility will be addressed by the proposed subdivision improvement agreement. Wood Burning Controls The use of wood burning devises will conform to Eagle County standards. Ridgeline Protection Development on this property should not impact the ridgeline protection area located to the east. Environmental Impact Report No environmental impact report was required. This proposal for a two lot subdivision is not anticipated to have a significant affect on the environment, either during construction or on a continuing basis. Appropriate controls will be required to mitigate short term impacts during construction of driveways and homesites in proximity to Squaw Creek, and a homeowner's covenant, incorporating recommendations made by the Division of Wildlife, will be recorded with the final plat. [nJa] Commercial and Industrial Performance Standards (Division 4-5) No commercial or industrial uses are proposed. 25 06-03-2003 [+] Improvement Standards (Division 4-6) Roadway Standards No new roads or road improvements will be necessitated by this proposed zone change and subdivision. Plans for a separate driveway to cross Squaw Creek and access the lower building envelope on Lot 2 have been submitted. These plans will require a flood plain development permit, appropriately referenced by a plat note, which will be triggered by any application for a building permit on this site. Sidewalk and Trail Standards No sidewalks or trails are proposed or required. Irrigation System Standards No irrigation is propose Drainage Standards The soils report by Koechlein Consulting Services (05/24/03) suggested that drainage be carefully studied during development ofthe site. A Drainage Plan by David Despeaux ofDLD Engineering was submitted May 23rd, 2003, and has been deemed sufficient for the project. Excavation and Grading Standards Soils and geotechnical studies will be required, and applicable standards will be met. The need for excessive cut and fill is not anticipated with the possible exception of foundation excavation. Erosion Control Standards At the time of application for a building permit for a new home, the owner will be required to submit an erosion control plan. Utility and Lighting Standards No street lighting is proposed or required. Water Supply Standards Potable water supply for the Bear Trail Estates will come from an existing well on the property (Permit No. 96524) which will be operated and maintained by the property owners. The Subdivision Improvement Agreement for this property includes the installation of a new water line from the well to the newly created lot. The Colorado Division of Water Resources (01/21/03) has found that no material damage will occur as a result of water use through the existing well, but has indicated that testing needs to be performed to assure the quality, quantity and dependability of the supply. A Water Supply Report has subsequently been performed indicating sufficient supply and quality of water. Specifics related to shared responsibilities for the well have been included in a Homeowners Covenant, which will be recorded with the final plat. As referenced above, plans for a fire fighting water supply have been approved by the Eagle River Fire Protection District. Sanitary Sewage Disposal Standards Individual Sewage Disposal Systems (ISDS) are proposed. Soil analysis and percolation tests performed on the site indicate suitability for these types of systems. The Northwest Colorado Council of Governments (01/20103) and the Colorado Geologic Survey (01/27103) recommend that engineered septic systems be employed. A plat note has been included requiring the same. [+] Impact Fees and Land Dedication Standards (Division 4-6) School Land Dedication Standards Reference the (corrected) referral response from the Eagle County School District (01/10/03), and pursuant to the Eagle County Land Use Regulations, the amount ofland dedication which would be necessitated by this proposal equates to 0.0302 acres (2 units X 0.0151). The amount of fees in lieu ofland dedication will be 0.0302 acres at $52,500/acre = $1585.05. A fee in lieu ofland in the amount $1585.05 will be required prior to the recording of the final plat. Road Impact Fees Road Impact Fees in the amount of$1,600 per residence will be assessed at the time of building permit issuance. [+] FINDING: Consistent with Land Use Regulations. [Section 5-290.G.1.b] The proposed subdivision IS consistent with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to the applicable standards of Article 3, Zone Districts and Article 4, Site Development Standards. STANDARD: Spatial Pattern Shall Be Efficient. [Section 5-290.G.1.c] The proposed subdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or required duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. 26 06-03-2003 Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Eagle County Road Capital Improvements Plan. Service Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area in order to both avoid future land disruption, and the necessity of upgrading undersized lines. The spatial patterns proposed by this development are not anticipated to cause the kind of inefficiencies contemplated by this standard. Necessary utility lines are already present and will not create duplication or premature extension. Again, water and sewer facilities are proposed via a shared well (existing) and individual sewage disposal systems (ISDS). [+] FINDING: Spatial Pattern Shall Be Efficient. [Section 5-290.G.1.c] The proposed Subdivision WILL result in an efficient spatial pattern. STANDARD: Suitability for Development. [Section 5-290.G.1.d] The property proposed to be subdivided shall be suitable for development, considering topography, environmental resources and natural or man-made hazards that may affect the potential development of the property and existing and probable future improvements to the area. Potential geologic hazards have been identified through analysis by geotechnical consultants. Reports would indicate that hazards associated with debris flows can be avoided or guarded against through proper citing of structures and the channeling and/or berming of source gullies, that hazards associated with the flood plain can be avoided by adhering to setbacks and utilizing appropriate design standards for creek crossings, and that secondary hazards associated with rock fall can be avoided through careful and observant construction practices. Soils have been found to be generally suitable for foundations and the use of ISDS, although site specific soils analysis and systems designed by a registered engineer has been recommended. Related requirements will be incorporated into the proj ect via a subdivision improvements agreement and/or plat note. The Colorado Geological Survey has assessed the site and offered recommendations related to the mitigation of debris flow hazard, flood hazard and soils stability. Suggested mitigations have been incorporated into the plat, the homeowners covenant and a subdivision improvement agreement (SIA) for the proposed subdivision. Access to the site is good and other utilities and services are provided. Future improvements to the area should not be adversely impacted by the proposed zone change and subdivision. [+] FINDING: Suitability for Development. [Section 5-290.G.1.d] The property proposed to be subdivided IS suitable for development, considering topography, environmental resources and natural or man-made hazards that may affect the potential development of the property and existing and probable future improvements to the area. STANDARD: Compatible With Surrounding Uses. [Section 5-290.G.1.e] The proposed subdivision shall be compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area. The proposed subdivision consists of lots which are approximately the same size as lots found immediately to the north and east of the project (Colorow) and are considerably larger than lots in that portion of the Cordillera subdivision to the west. Several residential sites also exist along Squaw Creek to the south (upstream) of the site. The creation oflarge,18 acre lots and one additional home site in proximity to the existing scattered residential and agricultural uses will be in keeping with the rural nature of this part of the Squaw Creek valley, and will not adversely effect the future development ofthe surrounding area. [+] FINDING: Compatible With Surrounding Uses. [Section 5-290.G.1.e] The proposed Subdivision IS compatible with existing land uses in the area and WILL NOT adversely affects the future development of the surrounding area. 27 06-03-2003 STANDARD: hnprovements Agreements. [Section 5-290.G.1.f] The adequacy of the proposed Improvements Agreement, where applicable. An improvements agreement is applicable, and the timing and logistics of subdivision improvements are currently being finalized. Completion of necessary plans and schedules will be required prior to the recording of a final plat. [+] FINDING: hnprovements Agreement. [Section 5-290.G.1.f] A Subdivision hnprovements Agreement IS NECESSARY for this proposal. The timing and logistics of subdivision improvements has been deemed adequate, and WILL BE finalized prior to the recording of the Final Plat. STANDARD: Conformance with Final Plat Requirements. [Section 5-290.G.1.g] Its conformance with the Final Plat requirements and other applicable regulations, policies, standards and guidelines. [+] FINDING: Conformance with Final Plat Requirements. [Section 5-290.G.1.g] The proposed Subdivision DOES conform with all Final Plat requirements and all other applicable regulations, policies, standards and guidelines. Staff findings are as follows and as shown on staff report: FILE ZC-00054 Requirements for a Zone Change - Eagle County Land Use Regulations Section 5-230.D., Standards for Amendment to the Official Zone District Map: STANDARD: Consistent with Master Plan. [Section 5-290.G.1.a.] The proposed subdivision shall be consistent with the Eagle County Master Plan and the FLUM of the Master Plan. EAGLE COUNTY MASTER PLAN Open Space! Affordable Transportation Community Environmental Recreation Development Housing Services Qualitv Conformance X X X X Non Conformance Mixed Conformance Not X X X Applicable FLUM - The Future Land Use Map shows this site to be within but at the southern boundary of an area designated "Countryside" which includes lots of 2 or more acres. EAGLE COUNTY OPEN SPACE PLAN Land Use Open Space Unique Char. Visual Development Coo Deration Provision Preservation Quality Patterns Hazards . Wildlife Conformance Non Conformance Mixed Conformance Not 28 06-03-2003 II Applicable II Hazards - A potential for debris flows exist, and the property is impacted by the flood plain of Squaw Creek. Three different engineering firms have provided geological and hazards analysis, and have provided recommendations and methods to mitigate identified hazards. The Colorado Geologic Survey has visited the site and has agreed to the mitigations proposed by the applicant. These mitigations shall be implemented through Plat notes, a proposed subdivision improvement agreement and a homeowners covenant. Wildlife - The area is indicated on Master Plan maps as winter range for both deer and elk. The Division of Wildlife has recommended a variety of standards for pets, site disturbance, fencing and trash disposal (01/24/03). The proposed homeowners covenant includes appropriate standards to assure minimal impact to wildlife. EAGLE RIVER WATERSHED PLAN Water Quantity Water Quality Wildlife Recreation Land Conformance X X Non Conformance Mixed Conformance Not X X Applicable Quantity and Quality - the plan will utilize an existing well, permitted through the State. An Erosion Control plan has been submitted. Wildlife - see earlier discussion under the open space plan. EAGLE COUNTY COMPREHENSIVE HOUSING PLAN VISION STATEMENT: Housing for local residents is a major priority of Eagle County. There should be a wide variety of housing to fulfill the needs of all its residents, including families, senior citizens, and those who work here. Elements of Eagle County's vision for housing are: Housing is a community-wide issue. Housing should be located in close proximity to existing community centers, as defined in the Eagle County master plan. Development of local residents housing should be encouraged on existing transit routes. Housing is primarily a private sector activity [but] without the active participation of government, there will be only limited success It is important to preserve existing local residents housing. Persons who work in Eagle County should have adequate housing opportunities within the county Development applications that will result in an increased need for local residents housing should be evaluated as to whether they adequately provide for this additional need, the same way as they are evaluated for other infrastructure needs The Eagle County Comprehensive Housing Plan is generally not applicable to this proposed two-lot subdivision. 29 06-03-2003 [+] FINDING: Consistent with MasterPlan. [Section 5-280.B.3.e (1)] The proposed Subdivision IS consistent with the Master Plan, and it IS consistent with the Future Land Use Map (FLUM). STANDARD: Compatible with surrounding uses. [Section 5-230.D.2] Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land, considering its consistency with the purpose and standards of the proposed zone district; The proposed subdivision consists of lots which are approximately the same size as lots found immediately to the north and east of the project (Colorow) and are considerably larger than lots in that portion of the Cordillera subdivision to the west. Lots to the south (upstream) are significantly larger than those proposed, but the residences associated with these lots are clustered along Squaw Creek, providing a perception of similar density. The creation of large, 18 acre lots and one additional home site in proximity to the existing scattered residential and agricultural uses will be in keeping with the rural nature ofthis part of the Squaw Creek valley, and will not adversely effect the future development of the surrounding area. [+] FINDING: Compatible with surrounding uses. [Section 5-230.D.2] The zone amendment IS compatible with the uses that surround the applicant's property, and IS the appropriate zone district for the land. STANDARD: Changed conditions. [Section 5-230.D.3] Whether and the extent to which there are changed conditions that require an amendment to modify the use or density/intensity; Eagle County established the original Resource zoning on all of the land in the immediate vicinity of the subject property on September 16, 1974. The home that presently exists on the proposed Lot 1 was built in 1978. Since that time, and especially in the past 15 years, residential density and residential use intensity has steadily increased in the Squaw Creek Valley. The Cordillera development was first approved as a mixed use PUD in 1987. Boundaries of the PUD were expanded in 1992 and again in1996 to its present day size of 3420 acres. 1035 units are presently allocated to this property, which dominates the mid-Squaw Creek Valley. Lands to the west of the subject property are a part of the Cordillera PUD (filing 24), and a small enclave of2 acre Cordillera lots is visible in that direction from the Applicant's existing home. Lying to the immediate north and east of the subject property is the Colorow Subdivision, first approved in 1980, and later modified in1988. This subdivision is zoned Resource Limited (RL) but was approved as a "clustered" development, allowing lots smaller than the 20 acres typical to this zone district. Those lots immediately south and east of the Pressley's land are sized 18.1, 17.1, 17.8 and 19.2 acres. The two proposed lots of 18 acres each will be very similar in size. Conditions in the area have changed dramatically, and an amendment allowing a modification to the density and intensity of use on the subject property, providing one additional single family home, would seem consistent with the intent of this standard. Furthermore, the proposed development is consistent with Eagle County's Future Land Use Map designation of "Countryside", which allows lots of 2 to 35 acres. [+] FINDING: Changed conditions. [Section 5-230.D.3] There ARE changed conditions that require an amendment to modify the density and intensity. STANDARD: Effect on natural environment. [Section 5-230.DA] Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, storm water management, wildlife habitat, vegetation, and wetlands; This proposal intends to preserve the natural environment through the development of large lots, the use of building envelopes, engineered septic systems, avoidance of riparian and wetland areas, adherence to engineering requirements for creek crossings, and adherence to conditions established by the DOW intended to protect wildlife. One new residential site will be created. 30 06-03-2003 [+] FINDING: Effect on natural environment. [Section 5-230.D.4] The proposed amendment WILL NOT result in significantly adverse impacts to the natural environment STANDARD: Community need. [Section 5-230.D.5] Whether and the extent to which the proposed amendment addresses a demonstrated community need; The Applicant has indicated an intent to create one additional lot for use by their children. In any event, housing demands in Eagle County are ever-present, and are therefore a community need. [+] FINDING: Community need. [Section 5-230.D.5] The proposed amendment DOES address a community need. STANDARD: Development patterns. [Section 5-230.D.6] Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern and not constitute spot zoning, and whether the resulting development can logically be provided with necessary public facilities and services; Based upon development patterns to the north, east and west ofthe subject site, the two lot subdivision resulting from this proposal will be logical and consistent with adjacent properties. Necessary public facilities and services are presently available. [+] FINDING: Development patterns. [Section 5-230.D.6] The proposed amendment WILL result in a logical and orderly development pattern and not constitute spot zoning. Further, the resulting development can logically be provided with necessary public facilities and services. STANDARD: Public interest. [Section 5-230.D.7] Whether and the extent to which the area to which the proposed amendment would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. If this zone change is approved, the existing low density, rural setting in this vicinity of Eagle County will be preserved, thereby protecting the public's interest. [+] FINDING: Public interest. [Section 5-230.D.7] The extent to which the area to which the amendment would apply HAS changed and continues to change indicates that it is in the public interest to encourage a new density in the area. Tom Boni, Knight Planning, Don & Deann Pressley, owners, were present for the hearing. Chairman Gallagher asked for public comment. There was none. Public comment was closed. Commissioner Stone asked if the road was to go across the wetlands. Mr. Simonton stated the driveway to the new lot will cross Squaw Creek. There has been a plan submitted for an engineered creek crossing that would accommodate floods. It would be necessary at that time to get a flood plain development permit and an Army Corps of Engineer permit. The new proposed driveway does not cross the wetlands. Commissioner Stone asked if building envelopes were completely out ofthe wetlands. Mr. Simonton stated yes that is correct. Commissioner Stone asked about a plat note indicating all building envelopes and driveways, etc would be out of the wetlands.. Mr. Simonton stated there could be a plat note. He related the applicant was very careful to consult wetlands experts. Mr. Boni stated there is a plat note on the plat indicating the applicant must acquire an engineered ISDS as well as engineered foundations. Commissioner Stone stated he believes the Board should not sign the plat until the Subdivision Improvements Agreement is completed. Chairman Gallagher asked about the 100 year flood boundary. Mr. Boni stated they had David Despo do a 100 year flood analysis reviewed by the Engineering Department. Chairman Gallagher asked about building envelope B, which says only non-residential construction. He stated non-residential is everything but a house. Mr. Boni stated the idea was if someone wanted to do a shed, they would be allowed to. 31 06-03-2003 Chairman Gallagher suggested it be called non-residential, non-commercial and non-industrial. Mr. Boni stated Eagle County Zoning prevents any kind of industrial or commercial uses. He stated they would have to re-do the plat to add another plat note if the Board believes that statement is not strong enough to prevent those uses. Mr. Simonton stated lack of a building permit on site would also mean loss of control. Commissioner Stone suggested a plat note that says any structure would require a building permit. Chairman Gallagher stated they could not require more of one applicant than another. Commissioner Menconi moved that the Eagle County Board of County Commissioners approve file No. ZC-00054 incorporating all Staff findings. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moves that the Eagle County Board of County Commissioners approve file No. SMA-00018, incorporating all Staff findings. Commissioner Menconi seconded the motion. In discussion, Commissioner Stone stated the approval ofthe file and the signing of the plat are conditioned on the full completion of the Subdivision Improvements Agreement. Chairman Gallagher called for the question on the motion. The vote was declared unanimous. LR-00032, Stasinos ADD Ross Easterling, Planner, presented file number LR-00032, Stasinos ADU. The applicant wishes to make an addition to their home which consists of a 650 square foot Accessory Dwelling Unit (ADD) over an attached 2-car garage. The ADU will have a kitchen and separate access. ADU's are allowed via Limited Review in the Rural Residential (RR) zone district. If the ADU is approved, it can be used as a guest or caretaker's quarters or serve as a rental unit for persons who live and work in Eagle County. Limited Review Uses are those that may be considered compatible with other uses in a zone district and are subject to an administrative review process by the Community Development Director. Public notice of this proposal, sent to the adjacent property owners, has resulted in written opposition based on relevant development standards. Therefore, pursuant to the Eagle County Land Use Regulations the Board of County Commissioners must hear the application. The Board of County Commissioners shall approve, approve with conditions, or disapprove the application based on conformance to standards set forth in Section 5-300 of the Eagle County Land Use Regulations. The chronology of the application is as shown on staffreport and as follows: February 1978 Dreager Subdivision approved by BOCC 1978- Original home construction March 2003 Application made for a Limited Review to allow and ADD. Opposition to this proposal is based upon "relevant development standards" as set forth in the Eagle County Land Use Regulations. The standards questioned in the letter of opposition are traffic, parking, adequacy of the potable water supply and adequacy of the individual sewage disposal system. Staff received the following correspondence: April 18, 2003 Letter from Anne Austin-Clapper (Adjacent Property Owner) Page 5 April 17, 2003 Letter from David J. Slaybaugh (Resident Dreager Subdivision) Page 7 May 27,2003 Letter from Tom Newland (Applicant's representative) Page 8 Staff findings are as shown on staff report and as follows: Pursuant to Eagle County Land Use Regulations Section 5-300 Limited Review Use for the review of a Limited Review: STANDARD: 5-300.A Limited Review Use. Limited Review Uses are those that maybe considered compatible with other uses in a zone district, and have minimal impacts. They are subject to 32 06-03-2003 an abbreviated review of the standards applicable to the proposed use. All proposed Limited Review Uses shall comply with the provisions ofthis Section 5-300 Limited Review Use. a. Site Plan. Detailed site plans showing the existing features, contours and the proposed addition have been submitted. b. Written Description. A written description ofthe proposal has been submitted. The application documents describe in sufficient detail the nature of the proposed use, its operation and its impacts on the surrounding properties. c. Other Materials. Evidence to show conformance with the Minimum Standards for the particular has been submitted and is in sufficient detail to make the necessary findings. A complete, thorough, application has been received by the Eagle County Community Development department. Minimum standard for the particular use as noted in Section 3-310 Review Standards: STANDARD: 3-310.A Accessory Dwelling Unit. Limited Review Use shall be allowed pursuant to the applicable standards and restrictions found within Section 3-31 O.A Accessory Dwelling Uses. A. Accessory Dwelling Unit. 1. Number. No more than one (1) accessory dwelling unit shall be permitted in conjunction with and in addition to the principal use of the parcel. An accessory dwelling unit in the Resource Zone District on 35 acres or more per parcel is considered a use by right and exempt from Limited Review and notice requirements. [+] FINDING: Number. One (1) ADU is proposed. Size and Use. The size of accessory dwelling units shall be determined by the zone district and parcel size as follows: Minimum Accessory Unit Zone District Parcel Size R 35 acres RL 20 acres AR 10 acres AL 5 acres RR 2 acres RSL 15,000 sq. ft. PUD - As approved. [+] FINDING: Size and Use. In this instance, a 650 sq. ft. ADU is proposed. The maximum size allowed for the RR zone district is 850 sq. ft. Location. An accessory dwelling unit may be located within or attached to the structure containing the principal use of the parcel, or may be detached from that structure if: 1) it is located within or above a garage: 2) it is located within a lawful accessory building; or 3) it is independent from any structure located within the Resource (R), Resource Limited (RL) or Agricultural Residential (AR) zone district. (am 3/12/02) [+] FINDING: Location. The proposed ADU is to be located within the primary structure above and attached to the proposed two (2) car garage and storage room. Parking. There shall be one (1) additional off-street parking space provided for any accessory dwelling unit that is a studio or one bedroom unit. Any accessory dwelling unit containing two (2) or more bedrooms shall have two (2) off-street parking spaces. [+] FINDING: Parking. The ADD proposed has one (1) bedroom and accordingly one (1) additional parking space has been provided in the proposal. Ownership. The accessory dwelling unit shall not be condominiumized or sold separately from the principal use of the parcel. [+] FINDING: Ownership. The accessory dwelling unit shall not be condominiumized or sold separately from the principal use ofthe parcel. Max. Floor Area 1,800 sq. ft. 1,200 sq. ft. 1,000 sq. ft. 850 sq. ft. 850 sq. ft. 600 sq. ft. 33 06-03-2003 Dimensional Limitations. Accessory dwelling units shall only be permitted on parcels that conform with the minimum lot size standard ofthe underlying zone district, however, an accessory dwelling unit may be allowed subject to Special Review on legal, nonconforming lots or parcels (see Section 6-120, Nonconforming Legal Lots of Record ). The unit shall be developed so as to conform to all setback, height, lot coverage, floor area and other dimensional limitations of the underlying zone district, but shall not count towards any applicable density limitations for the property. (am 3/12/02) [+] FINDING: Dimensional Limitations. The subject property and proposed ADU conforms to all dimensional standards for the zone district. Adequate Facilities. It shall be demonstrated that the accessory dwelling unit will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection, and roads. Potable Water Supply: Legal Water Supply: The water rights decree associated with the Dreager Subdivision does not state a limitation for dwelling units or domestic uses. The decree grants a right of 0.11 cfs. which is equivalent to 7,128 gallons/day. To estimate the water usage, the Eagle County Land Use Regulations defines a Single Family Equivalent (SFE) as the in-house use of an average of300 gallons of water per day or the generation of 300 gallons of sewage per day. If each lot in the Dreager Subdivision added an ADU they would be using less than 1/2 oftheir legal supply. Physical Water Supply. The applicant submitted a well test that was performed by J & M Pump Company on March 17, 2003. The report states a sustained yield of 17 gpm. or approximately 1000 gallons per hour. Sewage Disposal. Letter dated May 27,2003 from High Country Engineering states that the site appears to contain an available sewage disposal system area to serve (5) residential bedrooms with enough land for a future secondary system of equal size. Solid Waste Disposal. This is an addition to an existing home. Trash removal services will continue. Electrical Supply. Holy Cross is the electrical utility that supplies power to the Dreager Subdivision and the existing home. The proposed addition will not require a new service connection. Fire Protection. The property is contained within the Basalt & Rural Fire Protection district. Access. The home site is accessed by Walter road. The Eagle County Engineering department reviewed the application and had no comment. [+] FINDING: Limited Review Use shall be allowed pursuant to the applicable standards and restrictions found within Section 3-31 O.A Accessory Dwelling Units. This Limited Review application for an Accessory Dwelling Unit HAS satisfied all applicable requirements and restrictions found in Section 3-31 O.A. Tom Newland, representing the applicant, and Greg & Leslie Stasinos, applicants, were present for the hearing. He stated he believes the requested accessory dwelling unit is a modest size. Mr. Stasinos stated since he has lived in the Dreager Subdivision, there is an existing ADD on Lot 3 that has been there for 16 years. He stated he has seen that owner reap the benefits of having one. He has seen that it is an asset and he would like the opportunity to do the same. Chairman Gallagher asked for public comment. Dave Slaybaugh, owner of Lot 5, Dreager Subdivision, objected strongly to what was presented. He stated the Dreager Subdivision was formed in the late 1970's and created five single family lots. The plans for the subdivision were submitted to Eagle County and those were approved as submitted. He stated the water system was designed for five single family residents. He stated the roads were designed for five single family residences. He stated they created a Homeowners Association in accordance with the laws of Colorado and covenants were drafted and recorded in Eagle County. He stated Lot 2 was the first built in the subdivision. He stated what the applicant is requesting is to violate the recorded covenants. He stated he has strong opposition to an accessory dwelling unit. He wondered 34 06-03-2003 if a new well would be drilled if the current one goes dry. He asked if the applicant was going to improve the road when needed. He made the point that the ditch periodically overflows due to the amount of irrigation water. He stated it has flooded the applicants current sewage system a couple of times. He believes the lot owners have a right to protect themselves. He stated the rented unit is empty at this time. He stated there was a one year rental period granted to the owner of that unit, and that time frame has expired. He requested the Board deny this application. There are risks involved to the current property owners and water supply is a concern as well as the traffic on the road. Ann Clapper, owner of lot 1, stated she opposed this application. She referred to the ADD on Lot 3 and related it is an illegal ADD and was never approved. She stated the previous owner built the ADD and it was to be used by his family only. The current owner bought the property thinking he had a legal ADD and finished the unit. She stated there has been on going battles over the unit concerning, extra people, water, the road and noise. She stated the biggest issue is the covenants. She stated she and her husband feel strongly that this was a single family subdivision. She stated she is trying to prevent more problems in the future. She made the following points; 1) by violating the covenants they are pitting neighbor against neighbor. 2) Lot 4 is still vacant. 3) There is a lot of ground water on the property. 4) The road is filled with pot holes. As homeowners they have to pay for that road to be graded. If they add another unit there could be two more cars. 5) The septic system for the applicant has flooded every summer. Across the road, Eagle County approved Red Rock Subdivision which will have six lots. The County at that time stipulated there would be no ADD's. She spoke to the rental market being saturated with rentals and for sale units. She stated there are only two small subdivisions in this area. She stated approval of this application would give everyone the right to make application for an ADD. Chairman Gallagher asked the Attorney's Office to explain the role of the Commissioners in private covenants. Ms. Mauriello stated Eagle County does not enforce private covenants nor do they impose them. The Board must consider the Land Dse Regulations and whether this proposal fits those regulations. Mr. Newland stated he had sent a letter related to Ms. Clapper's concerns. He stated he and the applicant disagree with the two neighbors. He stated the application is a compromise from a detached garage to an attached garage to try and mitigate the neighbors concerns. He stated as far as road maintenance, they are more than willing to pay their fair share of the costs to maintain the road. He spoke to the ditch and over flowing. He stated the overflow had occurred in the past and once the ditch was unplugged it had not happened again. He stated there has been agreement with the owner of Lot 3, not to rent the unit for a year. He stated he has not seen anything in writing. He stated it is interesting that the Homeowners Association has not been interested in pursuing litigation against the owner for the current ADD. It has been there for years. He stated they hired J & M Pump who has related there is plenty of water for the proposed ADD plus additional water. He stated the rental market depends on perspective. He stated he does not believe the market is saturated. He stated the owner is going to finish the improvements whether the unit is finished or not. Chairman Gallagher asked the Engineering Department to look at the last page, marked page 4, and look at the map concerning water. Commissioner Menconi asked when a Board approves a subdivision, he understands the distinction between Governments role and overseeing a possibility with a PUD. When approving a PUD he understands that certain guidelines are developed by the developer which are handed out to the prospective buyers. Ms. Mauriello stated there is a PUD Guide which relates to the zoning for that property. But clarified that Covenants are different. They are rules and regulations, parking spaces, animals, etc., and in many instances they can spell out how dues are provided for. Covenants are private in nature. Commissioner Menconi questioned if they were attached to any of the filings of a PUD. Ms. Mauriello stated they are recorded in the real estate records. 35 06-03-2003 Commissioner Menconi stated regardless of what the covenants say, "no ADD will be allowed to be built" will be a civil matter. Ms. Mauriello stated that was correct. Mr. Easterling stated there are times when an applicant is in conflict with the Homeowners Association. Staff cannot withhold a building permit due to this conflict and the applicant is requested to sign a waiver. Ms. Mauriello stated there are a number of factors for the Board to consider. In looking for the provisions for limited review, it can be an approval, approval with conditions or a denial. Commissioner Menconi asked how they prove there is enough water. Mr. Eastering stated he was wrong on the water supply and the figure should be .11 cubic feet per minute. Based on any application, staff relies heavily on the information presented by the applicant. There was a test performed and there are 300 gallons per day per lot. If everyone in the subdivision added an ADD they would still be within the legal supply. Commissioner Menconi stated from Mr. Stasinos has stated the septic system floods and is a health hazard. Mr. Easterling stated it has been an arduous procedure to get the septic system approved, but it was approved. Ray Merry, Environmental Health Director, stated they were not aware of any problems in the past. It is common for irrigation ditches to flood and affect the septic system. He stated the plan is to add on to this property with a bedroom. If it does not have a kitchen it does not affect the septic system. Chairman Gallagher asked for clarification if a kitchen were included, the septic system would not be approved. He asked whether the addition of a ktichen would affect approval of the septic system Mr. Merry stated the septic system would accommodate the addition with or without a kitchen. Commissioner Menconi asked about expansions to the existing homes. Mr. Easterling stated there was a permit granted for the Stasinos for a modification. It is his understanding the other ADD is illegal. Mr. Stasinos stated Ms. Clapper made their garage into a family room and built a new garage in front of it. He stated the Carr's next door have done some building. Mr. Stasinos stated Mr. Barr put on a big patio with a big overhang. The Klein's remodeled completely and put in office space over their garage. Mr. Easterling asked if the DRB was involved with the Clapper addition and ifthe Homeowners Association has seen this application. Mr. Stasinos stated the Clappers did not go through the Homeowners Association. Ms. Clapper stated they had mentioned the model to the Homeowners Association and received no comments Commissioner Stone asked about roads and if someone were to come before the Board today for a PUD, what would be the road standards and how would those compare to the roads today. Mr. Easterling stated Hooks Spur was the only access. Justin Hildrith, Engineering, stated for an application today, they would be Rural Residential Standards Commissioner Stone stated how he looks at an ADD is what requirements do they have to meet and the condition of the road. Will it handle the extra traffic and is it to County standards. He stated he is not apt to vote in favor of the application unless the applicant were in favor of paving the entire road. Chairman Gallagher asked if it is only Mr. Stasinos septic system that overflows. Mr. Stasinos stated the ditch did overflow in the past but it has not been a problem for several years. Chairman Gallagher stated he is unsure about the illegal ADD that exists currently. He asked if it went through the County process. Mr. Easterling answered no. 36 06-03-2003 Chairman Gallagher asked if ADU's were a permitted use at the time of this subdivision. Mr. Easterling answered he was not sure. Chairman Gallagher stated the well was tested during a good year. He wonders what it would have shown a year ago in the middle of the draught. Mr. Easterling stated at that point last year, the snowmelt had not begun. Chairman Gallagher stated this is about growth, whether the residents have grandmothers move in or they have babies. He stated ADU's are not offensive to him. Commissioner Menconi stated Ms. Clapper remodeled the garage and made it into livable space and added on approximately 500 square feet for a new garage. He asked for the difference between the two proposals. Ms. Clapper stated they do not have a rental unit. She stated the difference is the rental unit which will generate two more cars. Commissioner Menconi stated discussion on covenants is irrelevant. He asked about the average size of the homes. Mr. Clapper stated approximately 2,500 square feet. Commissioner Menconi stated what they are discussing is an individual expanding their needs. Keith Montag, Community Development Director, stated regarding previous zoning in the Draeger Subdivision, the zoning in place did not allow for ADU's that came about more recently with the new Land Use Regulations in 1999. Commissioner Stone asked if they were talking about a simple addition the applicant would not be before the Board. Furthermore, he was concerned about fire protection and wondered if there was an adequate turn around. He is not so concerned with the water and the sewer because those can be taken care of, but he is concerned with the road. Mr. Newman stated he submitted a road analysis and received no comments so he assumed everything was okay. Justin Hildrith stated the proposal is for only one unit and would not be a big change. Mr. Newman stated they are more than willing to pay for their fair share of the road. Commissioner Stone asked about the road condition if this were a new subdivision. Mr. Hildrith stated if this were a new application, with the changes in the Land Use Regulations, the road would have to be paved. Commissioner Menconi asked about the use ofthis ADD. Mr. Stasinos stated he would rent it out occasionally and he would use it for guests and family. Chairman Gallagher asked if Mr. Stasinos was prepared to go forward with the addition ifthe ADU request were denied. Mr. Stasinos answered yes. Chairman Gallagher stated Commissioner Stone brought up the question of what the Board could do today with this application. He asked the County Attorney if it was appropriate to look at these options today. He asked if the Board should consider only the "adequacy" of roads, etc., or if the Board should look at compliance with today's road standards. Ms. Mauriello stated there are basis requirements that must be complied with. There are certain requirements that have to be met, parking, ownership, dimensionallimitationl, water, fire protection, access, sewer, etc. Chairman Gallagher suggested they give staff direction to look at the subdivision as a whole if there would be 10 units. Commissioner Menconi stated if the County denies this application, the applicant could still build but he could not build a kitchen. Mr. Stasinos stated he wants the ADD. He stated the Homeowners Association have allowed his neighbor to rent out his ADD. He stated he is more than willing to go forward in Court. 37 06-03-2003 Commissioner Stone stated the reason he questioned the standards because he assumes the standards will require the roads are at County Standards. Helen Migche1brink, County Engineer, stated they will go out and make an assessment of the road. Mr. Newmann requested a tabling pending assessment of the road. Commissioner Stone moved to table file number LR-0032, Stasinos ADD until June 17,2003, at the applicants request. Commissioner Menconi seconded the motion. The vote was declared unanimous. Chairman Gallagher requested staff look into the illegal ADD to determine if it will continue to be allowed. Commissioner Stone moved the Board table file number LR-00032, Stasinos ADD, to June 17, 2003, at the applicants. Commissioner Menconi seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until June 17,2003. Attest Clerk to the Board 38 06-03-2003