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HomeMy WebLinkAboutMinutes 06/17/03 PUBLIC HEARING JUNE 17,2003 Present: Michael Gallagher Am Menconi Tom Stone Diane Mauriello Jack Ingstad Teak J. Simonton Chairman Commissioner Commissioner County Attorney County Administrator Clerk to the Board This being a schedule Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Executive Session Chairman Gallagher stated the first item 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 URS Corporation and negotiations with Mountain High Aviation, concerning the FBO, concerning negotiations and legal advice regarding advertising at the Eagle County Airport as well as legal advice concerning Qwest and the exception parcel in Eagle Vail, and finally concerning receiving legal advice regarding bylaws and covenants for Berry Creek LLC. There are all proper topics for Executive Session pursuant to C.R.S. 24-6-402(4)(b) and (e). Commissioner Menconi seconded the motion. The vote was declared unanimous. The time was noted at 8:53 a.m. Commissioner Stone moved to adjourn from the Executive Session and reconvene into the regular meeting. Commissioner Menconi seconded the motion. The vote was declared unanimous. Consent Agenda Chairman Gallagher stated the first item before the Board was the Consent Agenda as follows: A) Approval of bill paying for the week of June 16,2003, subject to review by County Administrator B) Approval of the minutes of the Board of County Commissioners meetings for May 13 & 20, 2003 C) Approval of the 2003 Intergovernmental Agreement to be used for political subdivisions participating in the November 2003 Election D) Resolution 2003-070, confirming the appointment ofKT Gazunis to the Board of Directors of the Eagle Riverview Affordable Housing Corporation E) High Country Crime Response Team Statement of Grant Award Agreement F) Early Head Start cost ofliving, Quality Improvement Training and Technical Assistance Application G) Contract Renewal Letter 2, Colorado Department of Public Health and Environment for the Public Health Nursing Program H) Agreement between Eagle County and Colorado West Regional Mental Health for Early Childhood Coaching and Consultation Services I) Hangar Lease between Eagle County and Allen Nottingham J) Agreement for Professional Services between Eagle County and URS Corporation. Chairman Gallagher asked the Attorney's Office if there were any changes to the Consent Agenda. 1 06-17-03 Diane Mauriello, County Attorney, stated there were a number of revisions. She requested that item C, Intergovernmental Agreement for political subdivisions, be removed and re-scheduled for next Tuesday. She also asked that item I, Hangar Lease with Allen Nottingham be heard at a future date and item J, Professional Services Agreement with URS Corporation, be heard on its own later in the day. Commissioner Stone moved to approve the Consent Agenda as presented, re-scheduling item C for June 24,2003 and eliminating items I and J for future consideration. 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: AFP-00169, Cordillera Subdivision, Filing 34, Lot 8, Block 1 He stated this was an Amended Final Plat, the purpose of which is to change the shape of the building envelope on Lot 8. The size of the building envelope is to remain the same. Staff findings are shown on staff report and as follows: Pursuant to Section 5-290 (G) (1) of the Eagle County Land Use Regulations: 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. Standards for Type A and Type B Subdivision. a) Access, potable water, and sewage disposal on the land to be subdivided are adequate; b. The plat does conform to Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Menconi moved to approve final plat file number AFP-00169, Cordillera Subdivision, Filing 34, Lot 8, Block 1, incorporating staff findings. Commissioner Stone seconded the motion. The vote was declared unanimous. Resolution 2003-071, To Approve a Permit to Construct Major Extensions of Existing Domestic Water Treatment Systems and for the Efficient Utilization of a Municipal Water Project in Order to Serve the Town of Eagle (Eagle County File No. 1041-45). The Board considered the Applicant=s request on April 15th, 2003 Commissioner Stone moved to approve Resolution 2003-071, to approve a Permit to Construct Major Extensions of Existing Domestic Water Treatment Systems and for the Efficient Utilization of a Municipal Water Project in Order to Serve the Town of Eagle, Eagle County File No. 1041-45. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2003-072, To Approve a Permit to Construct Major Extensions of Existing Domestic Water Treatment Systems and for the Efficient Utilization of a Municipal Water Project in Order to Serve the Town of Eagle (Eagle County File No. 1041-47). The Board considered the Applicant=s request on April 22nd, 2003 Commissioner Menconi moved to approve Resolution 2003-072, to approve a Permit to Construct Major Extensions of Existing Domestic Water Treatment Systems and for the Efficient Utilization of a Municipal Water Project in order to serve the Town of Eagle, Eagle County File No. 1041-47. Commissioner Stone seconded the motion. The vote was declared unanimous. 2 06-17-03 Resolution 2003-073, To Approve the Sketch Plan for the Siloam Springs Planned Unit Development (Eagle County File No. PDS-00033). The Board considered the Applicant=s request on May 13th, 2002. Commissioner Stone moved to approve Resolution 2003-073, to approve the Sketch Plan for the Siloam Springs Planned Unit Development, file number PDS-00033. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2003-074, In the Matter of Cash In Lieu of School Land Dedication Pursuant to Section 30-28-133(4)(a) C.R.S. and Section 4-700.C., Chapter II, of the Eagle County Land Use Regulations. This Resolution has been drafted to update land values used to calculate Fees in Lieu of School Land Dedication within Eagle County. Chairman Gallagher asked if the School District has commented on this proposed Resolution. Joe Forinash, Planner, responded that staff had met with representatives from Eagle County and Roaring Fork School Districts and they were in favor of the new cash in lieu of calculations. Commissioner Menconi moved to approve Resolution 2003-074. in the matter of Cash In Lieu of School Land Dedication Pursuant to Section 30-28-133(4)(a) C.R.S. and Section 4-700.C., Chapter II, of the Eagle County Land Use Regulations. Commissioner Stone seconded the motion. The vote was declared unanimous. Item J, Agreement for Professional Services, URS Corporation Walt Matthews, Deputy County Attorney, reviewed some of the changes made to item J on the consent agenda. Commissioner Stone stated that he believed the board had taken action previously to choose a different firm. He believed that URS was second in the ranking during this process. He understood that the Board became aware that URS proved itself to be more capable of handling the project. Representative for URS, Mr. Peter Zett, highlighted additional changes. Jack Ingstad, County Administrator, clarified the concerns that the County had had with the selection process. He stated that one of the concerns was the size ofthe URS firm. Mr. Matthews stated that the Attorney's Office negotiated with URS and the current agreement was the result of this negotiation. Commissioner Stone clarified to the representative from URS that the one year agreement constituted a test with the desire that the test would be passed and the contract would be extended. Commissioner Stone moved that the Board approve the Agreement for Professional Services with URS Corporation. Commissioner Menconi seconded the motion. The vote was declared unanimous. Assignment & Assumption of Contract for Recycling Services Ron Rasnic, Solid Waste Manager, presented the Assignment and Assumption ofthe Contract for Recycling Services. He explained the need for this assignment contract due to BFI slowly closing their officer in the Eagle County area. Chairman Gallagher asked if Allied Waste Transportation Inc. would be able to continue with this service into the future. Mr. Rasnic assured the Board that this would be the case. Commissioner Stone asked Mr. Rasnic to research a compacting machine due to the fact that the landfill is rapidly filling. He felt that this type of compactor I grinder might help with this problem. Chairman Gallagher asked about recycling of building materials as well. Commissioner Menconi moved to approve the Assignment and Assumption of the Contract for Recycling Services. Commissioner Stone seconded the motion. The vote was declared unanimous. 3 06-17-03 Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. Liquor License Consent Agenda Earlene Roach, Liquor Inspector, presented the Liquor License Consent Agenda as follows: A) Beaver Creek Food Services, Inc. Holden's Restaurant This is a renewal of a hotel & restaurant license with optional premises. This establishment is located along the golf course in Beaver Creek. There have been no complaints or disturbances during the past year. B) Vail Food Services, Inc. Wildwood Shelter This is a renewal of a hotel & restaurant license with optional premises. This establishment is located on Vail Mountain. There have been no complaints or disturbances during the past year. C) Vista Hospitality, Inc. Splendido at the Chateau This is a renewal of a hotel & restaurant license. This establishment is located at The Chateau on Chateau Lane in Beaver Creek. There have been no complaints or disturbances during the past year. D) Edwards Liquor Mart, Inc. Riverwalk Wines & Spirits This is a renewal of a retail liquor store license. This establishment is located in Riverwalk, next to Village Market in Edwards. There have been no complaints or disturbances during the past year. E) Eagle-Vail Restaurant Group, Ltd. Paddy's This is a renewal of a hotel & restaurant license. This establishment is located Along Highway 6 in Eagle Vail. There have been no complaints or disturbances during the past year. Commissioner Stone moved to approve the Liquor License Consent Agenda for June 17,2003, as presented. Commissioner Menconi seconded the motion. The vote was declared unanimous. Atlas Pizza Earlene Roach presented an application for a new hotel and restaurant license for Atlas Pizza, LLC, d/b/a Atlas Pizza. This applicant currently holds a beer and wine license at this location but would like to have a full service bar, thus the reason for the new license. As there is no application for a change in the class oflicense, the applicant must apply for a new license. The first order of business is to establish the neighborhood. Staff recommends the neighborhood be from Highway 82 north along EI Jebel Road to J. W. Drive, west from EI Jebel Road to Gillespie, and east from EI Jebel Road to the Wind River Tree Farm. Commissioner Stone moved the Board establish the neighborhood as from Highway 82 north along EI Jebel Road to J. W. Drive, west from EI Jebel Road to Gillespie, and east from EI Jebel Road to the Wind River Tree Farm. 4 06-17-03 Commissioner Menconi seconded the motion. The vote was declared unanimous. Ms. Roach stated the next order of business is to establish the needs ofthe neighborhood. The applicant has submitted a petition consisting of 100 signatures, which have been broken down by area. Ms. Roach stated this application is in order and all fees have been paid. The applicants are reported to be of good moral character. Staff recommended approval. Tracey and Michael Mischel, applicants, were present for the hearing. Ms. Mischel stated they have had the current Beer and Wine license for 5 years. Ms. Roach stated that there have been no complaints or disturbances in the past. Chairman Gallagher expressed dissatisfaction with the statements on the petition signatures. He stated that the comments did not inspire confidence. Ms. Mischel stated that she had not reviewed the comments prior to submittal but that her establishment typically serves families and patrons who usually drank a few beers and occasionally they get requests for margaritas. Chairman Gallagher asked about hours of operation. Ms. Michelle stated that the establishment does not close later than 10:30. Chairman Gallagher asked several additional questions about over-service. Commissioner Stone moved the Board establish the needs of the neighborhood as evidenced by the submitted petition and testimony at this hearing. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Stone thought that the more reasonable comments on the petition should be considered. Commissioner Menconi moved the Board approve a new hotel & restaurant license for Atlas Pizza LLC, d/b/a Atlas Pizza. Commissioner Stone seconded the motion. The vote was declared unanimous. Eagle Valley Humane Society Earlene Roach presented an application for a special events permit for the Eagle Valley Humane Society. This event will be held at the Eagle-Vail Pavilion. It is for September 27,2003 from 6:00 p.m. to 10:00 p.m. Staffhas no concerns with this application. There have been no reports or disturbances at previous events. This application is in order and all fees have been paid. Staff recommended approval. Char Neuman, applicant, was present for the hearing. Commissioner Stone moved the Board approve a special events permit for the Eagle Valley Humane Society for September 27,2003 from 6:00 p.m. to 10:00 p.m. Commissioner Menconi seconded the motion. The vote was declared unanimous. RiverHouse Restaurant Earlene Roach presented a transfer of ownership of a hotel & restaurant license for Hang Time Partners LLC, d/b/a RiverHouse Restaurant. She stated this previously called Zino's and is located behind the Inn at Riverwalk. Staff has no concerns with this application. However one owner had a report come back which has been included in the Board's packets. Mr. Dowell also owns Grouse Mountain Grill in Beaver Creek and there have not been any disturbances in the past. Staff recommended approval. David Dowell, representing RiverHouse Restaurant, was present for the hearing. Chairman Gallagher spoke about the letter in the file and asked for Mr. Dowell's experience. Mr. Dowell highlighted his career related to use of a liquor license. He started his career in 1973 in Vail and has owned and operated many establishments over the years. 5 06-17-03 Commissioner Menconi moved the Board approve a transfer of ownership of a hotel & restaurant license for Hang Time Partners LLC, d/b/a RiverHouse Restaurant. Commissioner Stone seconded the motion. The vote was declared unanimous. Juniper Restaurant Earlene Roach presented a modification of premises for DKM Associates LLC, d/b/a Juniper Restaurant. The applicant proposes to increase the lower level storage area and add the stairway for transportation of alcohol to and from the restaurant. Staff has no concerns with this application. This application is in order and all fees have been paid. There have been no complaints or disturbances during the past year. Staff did an on-site inspection and looked at the areas proposed to be used and has no concerns. Staff recommends approval. Doug Abel, applicant, was present as managing partner. Commissioner Stone moved the Board approve a modification of premises for DKM Association, LLC, d/b/a Juniper Restaurant. 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. Eagle River Parcel Joe Forinash, Planner, presented file number PDS-00033. He stated this matter was tabled from March 18,2003, April 1, 2003 and May 13, 2003. This is a mixed use development consisting of75 to 80 multi-family units on one development pod, and 20,000 square feet of commercial space on a second pod. Mr. Forinash stated that the applicant would like withdraw this application. Lance Badger, representing the applicant, was present. He stated that the applicant had been speaking to the Vail Christian High School and that this group had submitted a file to the County. Chairman Gallagher expressed his appreciation to Mr. Badger for finding a home for those uses that are beneficial to the County and good for the neighborhood. AFP-OOI49, Lot 15 Reudi Shores Cliff Simonton presented file number AFP-00149, Lot 15, Reudi Shores. He stated this was an Amended Final Plat, the purpose of which is to abandon the lot line that presently separates Lots 15 and 16, Reudi Shores Filing 1, creating a single lot, Lot 15 Reudi Shores, Filing 1. A single family dwelling presently exists on Lot 15. Staff findings are as shown on staff report and as follows: Pursuant to Section 5-290.G.3 of the Eagle County Land Use Regulations, the Community Development Director has considered the following in the review of the Amended Final Plat: a. Adjacent Property. The proposed amendment DOES NOT adversely effect adjacent property owners. The site has been properly posted, and all adjacent home owners have been duly noticed by mail. None have replied save one, a Mr. Phillip Anderson, who wrote in support of the proposal. b. Final Plat Consistency. The proposed amendment IS consistent with the intent of the Final Plat; c. Conformance with Final Plat Requirements. The proposed amendment CONFORMS to the Final Plat requirements and other applicable regulations, policies and guidelines; d. Improvements Agreement. An improvements agreement IS NOT applicable; and 6 06-17-03 e. Restrictive Plat Note Alteration. A restrictive plat note alteration IS NOT applicable. Commissioner Menconi moved the Board approve File No. AFP-00149, Reudi Shores, Lot 15, incorporating staff findings and authorize the Chairman to sign the plat. Commissioner Stone seconded the motion. The vote was declared unanimous. LR-00032, Stasinos ADD Bob Narracci presented file number LR-00032, Stasinos ADD. Mr. Narracci stated the applicant has withdrawn this request. Chairman Gallagher asked County Engineer, Helen Migchelbrink to come forward to answer some questions. Ms. Migchelbrink stated that the Engineering Department met with the applicant to look at adequate turnarounds, surface area of the road and proposed improvements to the road to make it more adequate. The applicants canceled the meeting, and the Engineering Department didn't take it any further. Commissioner Stone stated he received an e-mail from Pam Austin Clapper who related that the applicant intends to build a unit without a stove and as such would not have to apply for County approval. He requested that staff indicate to the property owner's association possible remedies if this was to be the case. Mr. Narracci stated that he had had a conversation with another of the neighbors related to the conditions required so the applicant would not have needed Board of County Commissioners approval. Chairman Gallagher asked the Attorney's Office to respond to the email that had been received. Berry Creek 5th Partnership Chairman Gallagher stated that there were two action items that came out of the partnership meeting. One was a vote by the partnership to not include a pond. The other was related to the IGA. The partnership requested that the fifth member be chosen by the partnership. The issue of the pond was the first item of discussion. Commissioner Stone stated that the motion to provide an easement for the pond did not pass. He believed that this easement was voted against because of invalid reasons. He believes that this reservoir would have served the needs of the greater Berry Creek area. He asked the Engineering Department if a pond could be included in the recreation property. Helen Migchelbrink stated that this would be possible, but the pond would have been more desirable in a lower spot. She has looked at putting in a 3.8 acre pond that would be placed on the west end of the parcel. Commissioner Stone asked if there is a way to begin excavation and still be able to allow the pond in the future. Ms. Migchelbrink responded that she felt this would be possible and still allow her to meet her time frame for the bridge. Chairman Gallagher stated that he would prefer a 3 acre pond instead of a 3.8 acre pond. He expressed interest in doing the pond at this time because it would keep the cost down. Commissioner Stone expressed his support for the pond at the recreation site. He is also in favor of a 3 acre pond instead of a 3.8 acre pond on the recreation parcel. Commissioner Menconi clarified that his previous comments were based on the fact that Commissioner Stone and Chairman Gallagher were always in favor of the pond for irrigation and for storm water detention. He believes that putting in a pond prior to knowledge of what the rest of the land was going to be used for wasn't a good idea and it might have to be moved. He has not heard from Rich Cunningham that there seems to be a need for the pond, but that the needs for irrigation are already being met. He is not for the pond at the present time. He also said that the School District is not 7 06-17-03 interested, and that CMC's use could be in question because of the distance. He stated that there had yet to be a cost / benefit analysis for this project. He suggested in prior discussions that the decision be postponed. He feels that there is an esthetic interest in having a pond in that location. Chairman Gallagher stated that he agreed with a lot of what Commissioner Menconi said. He clarified that there is not an absolute need. He also stated that CMC is interested in participating. The compelling reason that he is interested in doing the pond now, is that the excavation fill is needed and there would be no expense related to this part of the project. Commissioner Menconi responded that when doing a development the planning is necessary. Putting a pond in before knowing where the buildings would be placed is pre-mature. Commissioner Stone thought Commissioner Menconi's argument was wrong. Commissioner Menconi challenged Commissioner Stone that he had never provided a basis for financial benefit from a pond. Commissioner Stone responded that this was a land use decision as opposed to a financial benefit decision. Commissioner Menconi stated that down the road there would be people asking "why did they put the pond there?" Commissioner Stone moved to give staff direction to move forward with design of the pond located solely on the recreation parcel and that pond be approximately 3 acres in size. Chairman Gallagher seconded the motion. Commissioners Stone and Gallagher voting aye and Commissioner Menconi voting against the motion. Commissioner Stone spoke about the term and number of members of the partnership. He stated Chairman Gallagher had made a proposal to add a fifth member by Chairman Gallagher who would be appointed by the Berry Creek Metro Board. Chairman Gallagher stated that the Board of County Commissioners attended the school board meeting. At this meeting concern was expressed about the composition of the board. The school board wanted more equal representation. He stated he committed to resigning his seat to accommodate this desire. This was not acceptable to the partnership, as they wanted to select the fifth member. He believed that this was not appropriate. He would support modifying the IGA so that an elected member of the Berry Creek District would be included on the partnership board. Commissioner Menconi stated that the desire of the board is to find people who are supportive of and committed to higher education. He commented that Commissioner Stone's colors are coming through and stated that he would find another way to get his way if this could not be achieved during meetings. He did not have an opinion one way or the other. Chairman Gallagher stated that none of this is a game. He stated that the membership of the partnership for higher education was the person picked had to be an elected official. The board would also have veto power over that selection. He believes that the method of selecting the fifth member that was proposed was contrary to the parent organization role. Commissioner Stone moved to accept the amendment as proposed for the membership for the Board of Education. The Chairman shall be directed to send this approval to the School District for their approval and a transmittal letter to be signed by the Chairman of the Board. Chairman Gallagher seconded the motion. In discussion, Ms. Mauriello recommended that whatever gets sent to the school district include language that the amendment becomes effective upon execution by both parties as well as the amendment of the bylaws. Chairman Gallagher called for the question on the motion. Commissioners Stone and Gallagher voting aye and Comn:iissioner Menconi voting no. 8 06-17-03 Commissioner Menconi requested further discussion about the Townships and whether they would have an opportunity to select members of the board. He felt it was important that the town select their members to the Open Space Committee. Chairman Gallagher stated that he did not have a problem with this suggestion. He cautioned that the towns would send members who would represent the interests of the town. Commissioner Stone stated that unincorporated Eagle County should have more members based on the population base compared to that of the municipalities. The assessed valuation of unincorporated Eagle County is much higher. Chairman Gallagher suggested that the members of the board submit recommendations to the Attorney's Office for further review at the next meeting. Mr. Matthews suggested the addition of members to the advisory committee. Chairman Gallagher stated the only limitation would be the size of the meeting room. There being no further business to be brought before the Board the meeting was adjourned until June 24, 2003. Attest: Clerk to the Boa d 9 06-17-03