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HomeMy WebLinkAboutMinutes 01/04/05 -resent: Tom Stone Am Menconi Michael Gallagher Jack Ingstad Diane Mauriello Don DuBois - PUBLIC HEARING January 4, 2005 Chairman Commissioner Commissioner County Administrator County Attorney Deputy Clerk to the Board . Commissioner Menconi was not present for the morning session, but was present for the Abatement Hearings and the Planning Files. Executive Sessions Commissioners Stone and Gallagher were present during the morning Executive Session. Commissioner Gallagher moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice on the Land Use Process described in Section 30-28-110, C.R.S. and to receive legal advice concerning the Howard Ditch Management Agreement, Water Delivery Agreement and Pond Agreement, as well as for the purposes of receiving legal a.dvice concerning negotiations with potential contractors at Fairgrounds and to receive legal advice concerning potential annexation of National Guard and Tower and Cooley Mesa Road to the Town of Gypsum, all of which are appropriate topics for discussion pursuant to 24-6-402(4)(b) C.R.S. Commissioner Stone seconded the motion, arid it passed unanimously. At the close of the discussion Commissioner Gallagher moved to adjourn from executive session and Commissioner Stone seconded the motion which passed unanimously. In the afternoon; all three commisSioners were present. Commissioner Gallagher moved that the Board go into Executive Session for the purpose of discussing potential annexation of the National Guard and Tower to the 'oWIl of GyPsum and .j~sues related to Cooley Mesa Road, all of which are appropriate topics for discussi6n, pursuant to 24~6-402( 4)(b) C.R.S. Commissioner Menconi seconded the motion and it passed unanimously. At the close ofthe discussion ComIllissioner Menconi moved that the Board adjourn from Executive Session. Commissioner Gallagher seconded the motion and it passed unanimously. This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: 21ST CENTURY PHOTO SUPPLY 4 EAGLE RANCH A & H GRAPHICS A 1 GROUP AFFORDABLE PORTABLE AIMS MULIMEDIA ALEX IACOVETTO ALL PHASE ELECTRIC SUPPLY ALL PRO FORMS INC ALLIANT FOOD SERVICE, INC ALPENROSE WEST BAKERY ALPHA INTERACTIVE GROUP ALPINE COFFEE SERVICE,LLC- ALPINE LUMBER COMPANY AMERICAN PLANNING ASSOC AMERICAN PUBLIC HEALTH AS AMERIGAS ANDIE NOAKES ANIMAL HOSPITAL OF V AIL ANN MUNCASTER APOGEE COMPUTER SOLUTIONS AQUA TEC SYSTEMS SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SUPPLIES SUPPLIES SERVICE SERVICE SUPPLIES SUPPLIES SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SERVICE 168.82 11,920.20 42.00 100.00 196.43 625.00 42.79 170.42 4,315.83 4,852.33 400.00 100.00 1,460.35 111.14 449.00 115.00 5,340.75 76.00 20.00 76.50 425.10 4,102.19 1 1/4/2005 ARMY & FACTORY SURPLUS ARN MENCONI ASPEN BASEOPERATON ASPEN CTRFOR WOMENSHLTH AT & T WIRELESS SERVICES A V TECH ELECTRONICS INC AVID IDENTIFICATION AVON CENtER AT BEAVER CK AVON COMMERClALOWNERS B&HSPORTS B J ROWE BAILEY FUNERAL HOME BALCOMB AND GREEN BARRY BLOMQUIST BASALT CLINICPHAR'MACY BAUMAN KUNKIS & OCASIO BEEP WEST RADIO PAGING BERLITZ LANGUAGE CENTER BERRY CREEK LLC/ASW RLTY BERTHOD MOTORS BERYL BUNIGER BIDNA & KEYS BLACK HAWK EQUIPMENT BOB BARKER COMPANY BONNIE VOGT BRC/HARRIS INC BRICK 1 BUILDING INSPECTION CANYON INSURANCE.EAGLE CARAHSOFT TECHNOLOGY CORP CARMEN LOZOYO- VELEZ CASTLE PEAK VETERINAR:Y CENTRAL CREDIT CORP CENTRALDISTRrnU'TING CENTRAL SERVICES/EC CENTURYTEL CENTURYTEL OF EAGLE CGAIT CfIANNING L BETE CO, INC CHERyL CRANE CHRISTOPHER DICK CINDY PREYTIS CLARK SHIVLEY CLE INTERNATIONAL CLIFFORD D ZINIDA CLINTON MEHL CO DEPARTMENT HEALTH' CARE CO DEPT PUBLIC HEALTH & CO DIV OF FIRE SAFETY COALFIRB SYSTMES, INC. COLORADO COUNTIES INC COLORADO MOUNTAIN MEDICAL COLORADO MOUNTAIN NEWS COLORADO STATE UNIVERSITY COLORADO WATERWISE COLoRADO WEED MANAGEMENT COLORADO WEST MENTAL HL TH COLUMBINE MARKET COMMITTEE TO VOTE YES 2B COMMUNITY PRODUCTS LLC CONNIE NARRACCI CONSERVE A WATT LIGHTING SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SUPPLIES REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENt SERVICE REIMBURSEMENT SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SUPPLIES 294.03 85.00 283.47 2,460.00 186.07 13,840.62 99.00 1,858.05 2,518.39 1,667.30 60.72 175.00 6,152.40 85.00 92.25 51.70 186.00 100.00 98.40 81.40 I 1. 73 14.70 1,165.92 2,828.01 17.25 270.00 1)456.59 . 88.78 355.00 1,914.00 91.08 533.87 3.62 844.60 1,083.71 14,211.25 9,571.33 500.00 937.32 135.21 84.35 608.13 891.61 395.00 73.80 162.00 1,033.45 100.00 140.00 8,201.75 75.00E158.00 4,327.68 288.50 100.00 604.00 893.60 59.80 22.96 6,518.00 77.97 1,625.61 2 1/4/2005 CONTINENTAL DIVIDE CONTRACT PHARMACY SERVICE COpy PLUS CORPORATE EXPRESS CORPORATE EXPRESS IMAGING COUNCIL FOR COUNTY SHERIFFS COLORADO CRAIG SJOERDSMA D.H.L. WORLDWIDE EXPRESS DAHL DAN CORCORAN PLS DARELL WEGERT DAVE MOTT DAVID GUINNEE, DVM DAY TIMERS INCORPORATED DEBBIE FABER DEBORAH' CHURCHILL DEEP ROCK WATER CO DEEP ROCK WEST DELL INC DENNIS WILLEY . DENVER COMMUNITY FEDERAL DEX MEDIA EAST LLC DICK BOURRET DISCO PRINT WHOLESALE DISTRICT ATTORNEYS OFFICE QIVISION OF OIL & PUBLIC DbCTORS ON CALL nON.OLSEN EAGLE AMOCO EAGLE ATHLETIC CLUB EAGLE CARE MEDICAL CLINIC EAGLE COMPUTER SYSTEMS EAGLE COUNTY MOTOR POOL EAGLE EMBROIDERY INC EAGLE INDUSTRIES UNLIMITD EAGLE PHARMACY EAGLE RIVER WATER AND EAGLE RIVER YOUTH COAL. EAGLE VALLEY GLASS AND EAGLE VALLEY PET HOSPITAL EAGLE V ALLEY PRINTING EARTHLINK, INC. EDWARDS STATION LLC ELECTION CENTER ELISA ACOSTA ELIZETH MURILLO ENGINEERING COMPUTER ENGINEERING NEWS RECORD ENTERPRISES FLEET SERVICE EPS DESIGN AND PRINT ESRI EXTENSION PROGRAM FUND FAMILY SUPPORT REGISTRY FEDERAL EXPRESS FENCE POST FILE FINDERS LTD FIRKINS GARAGE DOORS FIRST BANK OF V AIL FIRST BANKS FITZSIMMONS MOTOR COMPANY FLORIDA MICRO SERVICE SERVICE SERVICE SUPPLIES SUPPLIES SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE 15.00 1,122.57 432.86 5,075.92 428.82 325.00 215.00 95.59 27.46 1,100.00 1,200.00 20.70 27.00 1,982.91 33.10 118.68 81.42 375.01 91.80 9,580.08 90.00 502.94 52.16 13.80 2,072.90 244,412.75 200.00 260.00 9.70 9.37 100.00 6,260.00 13,045.12 702.03 70.02 1,429.88 1,086.57 107.73 1,315.09 15.50 330.23 5,721.50 1,710.50 200.00 50.00 49.81 30.36 1,479.00 39.00 17,048.41 2,802.09 2,550.00 336.32 2,187.76 381.08 39.00 100.00 201.00 270.64 14,728.11 23.54 919.00 3 1/4/2005 FORINASH KATHLEEN FRED PRYOR SEMINARS FRONTIER PRECISION INC GARY CHARLES HAAZELHURST GEMPLERS INC GIL MARCHAND Giv GLADYS PETIT GLENDA WENTWORTH GLENN PADGETT GLENWOOD MEI>ICAL ASSOC GLENWOOD SHOE SERVICE GLENWOOD SPRINGS PARKS GOVCONNECTION, INC GRACE FINNEY GRAINGER INCORPORATED GRAND JUNCTION PIPE AND GREAT AMERICAN LEASING GYPSUM pRINTING HJAMES 9AREL fIABIT A T FOR HUMANITY HALL AND EVANS fIAMPTON INN HART INTERCIVIC HEALTH & HUMAN SERVICES HEALTH INSDRANCE FUND HELEN M LINDOW HELEN MIOCHELBRINK HELLO DIRECT INC HERMAN MILLER INc. HEWLETT PACKARD fIIGHCOUNTRY COPIERS H1GH COUNTRY HEARTH HOGAN & HARTSON HOLy CROSS ELECTRIC ASSOC HOME DEPOT SUPPLy HOWARD RISK HP EXPRESS SERVICES HRMEININGER CO HUGHES SUPPLY, INC. IAAO IAPMO ICMA IFMA IMPACT GRAPHICS & SIGNS INJOY VIDEOS INTEGRAL RECOVERIES INTELLINET INTERACTIVE INTERNAL REVENUE SERVICE INTERNAP NETWORK SYSTEMS INTERNATIONAL ASSOC FAIRS IRD.P A T TRAFFIC J & G TREE SERVICE lP.COOKE CO JANE A ST JEAN JAY MAX SALES JEl'{A SKINNER-MARKOWITZ JENNIE W AHRER JENNY WOOD JERRY CHICOINE JILL HUNSAKER REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SUPPLIES SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE EMPLOYEE BENEFIT REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SUPPLIES REIMBURSEMENT SERVICE SERVICE SUPPLIES REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT 670.97 199.00 195.00 26.50 2,774.80 13.80 1,120.00 1,003.75 91.98 75.00 138.00 50.00 80.00 1,266.88 40.20 117.16 83.87 224.00 647.18 1,000.00 67,500.00 5,023.97 316.00 24,485.94 152.40 4,366,433.79 62.25 211.56 30.05 2,561.02 881.00 260.00 40.00 7,470.43 25,797.85 15.96 16.50 1,868.00 165.35 392.51 89.00 150.00 1,094.50 259.00 44.00 91.96 30.00 1,175.00 200.00 6,574.66 100.00 654.31 . 1,300.00 545.44 413.00 672.00 11.51 760.30 30.23 99.06 183.96 4 1/4/2005 JOES W ALLBAORD & SUPPLY JOHN BADE JOHN LOWERY JOHN M LASSALETTE JOHNSTONE SUPPLY JON HARRISON JOYCE L REICHE JOYCE MACK KAMINSKY AND ASSOOCIA TES KAPLAN COMPANIES, INC KARA BETTIS, CORONER KAREN LEAVITT KESSLER MARY J KIM ERICKSON KIMBERLY POWELL KINDER MORGAN IN'C KINETICO WATER PROS KRISTIFERRARO LABELS DIRECT INC LAFARGE CORPORATION LANDS END INCORPORATED LASER JUNCTION LAURA FAWCETT LAURA SCMONIK LAUREL POTTS LEGACY COMMUNICATIONS INC LEO V JIMENEZ LESLIE KEHMEIER LESTER SIGMOND ROONEY LETN LEXISNEXIS LEXISNEXIS COURTLINK INC LINDA MAGGIORE LISA L MUNCY,MD,PLLC LIZ MAYER LL BEAN CORPORATE SALES MACHOL & JOHANNES MAIN AUTO PARTS MARGERY STONE MARIA ANJIER MARKS PLUMBING PARTS MARLENE MC CAFFERTY MARRIOTT HOTEL MARSHALL SWIFT MATTHEW BENDER MBIA MCCAULLEY REBECC.A T MCI WORLDCOM MEADOW MOUNTAIN PLUMBING MEDICAL CENTER OF EAGLE MICHAEL CIRKOVIC MICHELINE RUSSO MICROWAVE MAINT FUND MID V ALLEY METROPOLITAN MIKE KERST MONICA JACOX MOTOR POOL FUND MOUNTAIN DIRECT MARKETING MOUNTAIN TEMP SERVICES MYERS & COMPANY NALBOH SUPPLIES REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SUPPLIES REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SUPPLIES REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE REIMBURSIEMENT REIMBURSEMENT ' REIMBURSEMENT SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SUPPLIES REIMBURSEMENT REIMBURSEMENT SUPPLIES REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE 264.40 9.60 62.60 89.30 77.26 46.73 63.00 79.35 6,450.00 3,850.4 I 54.36 15.30 79.35 2.67 25.00 18,484.65 178.50 6.24 403.00 188.99 202.55 264.90 9.50 15.00 198.04 550.05 23.20 125.21 5.00 388.00 63.45 9.50 46.92 880.00 '20.23 39.50 46.96 390.07 9.92 90.00 75.20 40.82 270.00 340.95 13.80 4,817.54 33.46 1,905.68 1,985.41 629.00 99.56 62.40 15,000.00 652.94 327.60 76.00 31,990.52 2,334.00 1,827 .oI 5,407.69 120.00 5 1/4/2005 NANCY WHANG NATIONAL FIRE PROTECTION NEILEY & ALDER NELIDA PIRIA NFPA NICOLETTI FLATER ASSOC NOBEL SYSCO FOOD SERVICES NORTHWEST COLO COUNCIL NW EDUCATION LOAN ASSOC OLGA WILKINS ONIE BOLDUC OSMDELIVERY LLC OTHER SIDE, THE P"LOGIC SYSTEMS PAINT BUCKET THE PAPER WISE PEAK PERFORMANCE COPIER & PEGGY GRAYBEAL PETER BUCKLEY PETIY CASH ACCOUNTING prtNEY BOWES piTNEY BOWES INCORPORATED POLICE EQUIPMENT PORTABLE COMPUTER SYSTEMS PRCA PREMIER ELECTRIC CO INC PURCHASE POWER QUEST DIAGNOSTICS QWEST QWEST INTERPRISE NETWRKNG RADER ENGINEERING RAMON MONTOY A RBC OAIN RAUSCHER RED EAGLE CONSTRUCTION RENEE DUBUISSON RETIREMENT FUND REX CARR LAW FIRM LLC RICfIARD A KESLER RITA RBOSSOW RIVER OAKS COMMUNICATIONS RIVERS RESTAURANT ROCK.YNET.COM INC ROD LICHTENEGGER ROGER MOORE ROLF LIPPERT RON WOLFE ROSS PRODUCTS DIVISION ROY BENTON HOWELL JR RRMA RSC RUSS PAPKE RUTH LENZ RYAN CREEK MARINA S & H UNIFORM CORP SCHINDLER ELEVATOR CORP SCULL YS ART OFFICE AND SEARS SERVICEMASTER CLEAN SHADE STRUCTURES SHAINHOLTZ TODD H DDS SHIVELY & HOLST SINTON DAIRY COMPANY REIMBURSEMENT SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SUPPLIES SUPPLIES SUPPLIES SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SERViCE SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SUPPLIES SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SUPPLIES 16.20 135.00 11.70 400.00 135.00 320.00 3,730.37 750.00 254.25 160.00 490.75 380.00 55.00 7,830.00 5.49 2,076.00 284.00 100.00 50.00 1,097.24 2,490.00 159.19 353.00 3,959.78 850.00 2,364.77 10,050.00 399.41 6,144.63 618.00 917.50 26.91 10.1 8 1,869.08 381.79 621,408.18 39.20 685.44 14.25 2,977.94 700.00 300.00 438.25 60.00 185.82 18.98 133.09 600.00 5,890.00 5,567.12 190.75 36.00 181.50 103.78 754.75 172.49 503.00 40,405.42 4,740.00 500.00 20.84 793.15 6 1/412005 SIRIUS ENTERPRISE SNOWBRIDGE ROTO ROOTER SNOWHITE LINEN SOFTW ARE SPECTRUM SOUTHERN AIR CUSTOMS SPEAKOUTVAIL INCORP. SPRONK WATER ENGINEERS STATE OF COLORADO STEPHANIE GLENWRIGHT STEPHEN ELLSPERMAN STERICYCLE INC STEVENS HOME CARE INC STINGER SYSTEMS INC STRAWBERRY PATCH SUCCESSORIES SUE MOTT SUSAN NOTTINGHAM SUSPENSE FUND TAYLOR WYN T TCC CONTRACTORS TENIE CHICOINE TERESA VERONICA CASIAS THE FLOWER CART nIE FLOWER MART THOMAS & CALLY RYAN THOMSON WEST GROUP TIMBERLINE BUILDING TOOL CLINIC INCORPORATED TOWN OF EAGLE TOWN OF VAIL TRANECOMPANY TRI COUNTY FIRE UNIFORM KINGDOM UNIQUE MARKETING OF UNITED PARCEL SERVICE UNITED REPROGRAPHIC UNITED WAY OF EAGLE UNIVERSITY OF COLORADO US TREASURY VAlL ELECTRONICS V AIL LOCK AND KEY V AIL MOUNTAIN COFFEE VAIL MOUNTAIN RESCUE GROU VAIL RESORTS INC VAIL VALLEY EMERGENCY VAIL VALLEY MEDICAL CENTR V AILNET INC VALLEY LUMBER VALLEY PARTNERSHIP V ALLEY PINES HOMEOWNERS VALLEY VIEW HOSPITAL VERIZON WIRELESS, VISA CARD SERVICES VISIBLE COMPUTER SUPPLY C WAGNER EQUIPMENT COMPANY WAGNER RENTS WALZ POSTAL SOLUTIONS INC WASTE MANAGEMENT WELLS FARGO WEST PUBLISHING COMPANY WILLITS GENERAL STORE WIND RIVER TREES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE PAYROLLEXPD SERVICE SERVICE SERVICE 197.00 325.00 153.88 9,536.90 9,097.00 225.00 1,258.40 945.12 45.00 36.92 311.16 322.71 75.00 424.00 245.98 81.00 44.85 77,863.76 30.00 1,260.00 90.00 30.00 127.00 46.00 691.45 1,175.36 76.89 122.47 6,572.07 53,133.02 4,043.50 187.00 10,055.40 107.46 1,149.02 2,355.00 1,246.14 360.00 500.00 962.00 109.20 79.50 14,446.00 2,916.00 1,440.00 462.95 67.80 734.70 4,590.91 2,205.83 2,520.00 6,031.27 6,658.33 306.31 1,337.43 40.00 473.02 1,354.77 279,002.93 609.00 300.00 472.50 7 1/4/2005 WPRA WRIGHT WATER ENGINEERS WYLACO SUPPLY COMPANY XCELENERGY XEROX CORPORATION YAMP A V ALLEY ELECTRIC YARGER SERVICES LLC ZANCANELLA & ASSOCIATES ZEE MEDICAL SERVICE ZEP MANUFACTURING COMPANY PAYROLL FOR DECEMBER ROAD AND BRIDGE FUND ACTIVE COMMUNICATIONS CENTRAL DISTRIBUTING CENTRAL SERVICES/EC COLORADO MOTOR PARTS COpy PLUS EAGLE V ALLEY PRINTING FITZ AND GAYLORD FRONTIER PAVING INC GENERAL FUND GMCO CORPORATION GYPSUM V ALLEY FEED HEALTH INSURANCE FUND HOLY CROSS ELECTRIC ASSOC IDEAL FENCING CORP INTERWEST SAFETY SUPPLY JAMES MCVEY JMC COP DEBT SERVICE FUND JP TRUCKING, INC. KIM LYONS KINDER MORGAN INC LAF ARGE CORPORATION LONG'S EXCAVATION INC. MOTOR POOL FUND NAP A AUTO P ARTS.CARBONDLE OCCASIONALLY KEEGAN PROPERTY IMAGING, LLC RAGAN COMMUNICATIONS INC RETIREMENT FUND RHOMAR INDUSTRIES, INC SERVICEMASTER CLEAN SUSPENSE FUND TANYA REZNECHECI< TERRIE FISCHER TOWN OF GYPSUM TRANECOMPANY VISION CHEMICAL SYSTEMS WARNING LITES & EQUIPMENT WASTE MANAGEMENT WECMRD WELLS FARGO WEST EAGLE RANCH LLC WESTON SOLUTIONS, INC. WYLACO SUPPLY COMPANY PAYROLL FOR DECEMBER SOCIAL SERVICES FUND AMERICAN FURNITURE ANGELA MUELLER CAROL PRATER SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE PAYROLL 25 & 26 SERVICE SERVICE SERVICE SUPPLIES SUPPLIES SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE EMPLOYEE BENEFIT SERVICE SERVICE SUPPLIES REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE PAYROLLEXPD REIMBURSEMENT SERVICE SUPPLIES PAYROLL 25 &26 SERVICE SERVICE REIMBURSEMENT 100.00 515.38 77.68 259.25 5,210.84 158.48 85.00 832.46 1,950.00 . 57.88 650,126.62 7,010,396.24 138.00 150.00 61.25 -8.06 6L36 145.00 250.00 10,954.73 190,000.00 5,040.00 589.12 370,086.20 922.37 1,235.00 500.09 2,000.00 62,790.00 9,682.58 75.00 2,243.14 31,000.00 2,200.00 121,699.43 30.00 901.15 1,450.00 51.14 66,406.49 460.26 936.79 6,186.59 8.78 125.00 239.85 2,543.63 1,076.82 845.75 63.46 2,725.00 31,652.32 3,050.00 1,500.00 517.68 70,348.58 1,002,934.50 4,946.40 1,013.52 71.51 8 1/412005 CATHERINE ZAKOIAN, M.A. CBI CENTRAL SERVICES/EC CHRIS MORTON COLORADO WEST MENTAL HLTH CORPORATE EXPRESS CRICKET PYLMAN DYNAMICS RESEARCH CORP EAGLE COUNTY SHERIFFS OFF EAGLE RIVER WATER AND EAGLE RIVER YOUTH COAL. EAGLE V ALLEY PRINTING EDWARDS BUILDING CENTER FORINASH, KATHLEEN HEALTH INSURANCE FUND HEART OF THE WEST COUNSEL HOLLY KASPER HOLY CROSS ELECTRIC ASSOC ISABEL SANCHEZ JEANNE MCQUEENEY lERRl ISRAEL JOHN C COLLINS PC JULIA KOZUSKO KRISTI GREMS LAKE COUNTY SHERIFF LG PRINTING COMPANY LISA GRIGGS LOAF N JUG LONG BEACH GENETICS INC MARIAN MCDONOUGH MESA COUNTY SHERIFF MOTOR POOL FUND MYRNASOTOHERNANDEZ OLGA WILKINS ONTIVEROS, LUPB ORKIN EXTERMINATING CO PITKIN COUNTY SHERIFF RETIREMENT FUND RICK'S STEAK HOUSE RIVERWALK THEATRE SERVICEMASTER CLEAN SHERI MINTZ SUSPENSE FUND SYLVIA SALAZAR VAIL HONEYW AGON LID V ANASK WAREHOUSE COMPANY VERlZON WIRELESS, VIRGINIA AVILA WELLS FARGO WENDY SALAZAR WORTHINGTON DIRECT xEROX CORPORATION PAYROLL FOR DECEMBER RETIREMENT FUND SUSPENSE FUND INSURANCE RESERVE FUND COUNTY TECHNICAL SERVICES EAGLE COUNTY MOTOR POOL SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT EMPLOYEE BENEFIT SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE REIMBURSEMENT PAYROLLEXPD REIMBURSEMENT SERVICE SERVICE PAYROLL 25 &26 SERVICE SERVICE SERVICE 409.58 35.00 3,348.12 130.00 65.00 45.21 424.60 156.00 41.00 424.37 750.00 373.50 185.41 784.61 369,821.94 1,464.09 78.66 356.94 13.04 2,868.16 95.57 6,788.00 2,491.69 1,975.50 30.00 98.00 391.30 21.80 300.00 23830 78.64 138.72 15.99 2,248.75 155.25 55.00 43.64 41,762.57 50.00 260.00 392.00 164.22 5,757.39 163.56 28.50 218.94 271.83 288.08 17,296.01 29.12 940.75 244.30 36,935.51 507,775.59 70,007.37 70,007.37 72,513.00 633.22 73,146.22 9 1/412005 CAPITAL IMPROVEMENTS FUND AMERICAN CIVIL CONSTRUCTR ARCHITERRA CEA VCO AUDIO VISUAL COLORADO MOUNTAIN NEWS COLUMBIA CASCADE CO EVANCHO PAINTING HEPWORTH PAWLAK GEOTECHNI IMP ACT GRAPHICS & SIGNS KENNEY & ASSOCIATES MARCIN ENGINEERING INC PEAK CIVIL ENGINEERING IN PEAK LAND SURVEYING INC PETER BERGH R A NELSON & ASSOCIATES RAZORS EDGE INC RESOURCE ENGINEERING ROCKY MOUNTAIN REPROGRAPH SHAW CONTRACT SHEPH'ERD RESOURCES, INC. TOSHIBA SHOP SALES TOWN OF VAIL TRANE COMPANY TRI PHASE ELECTRIC VISA CARD SERVICES WRIGHT WATER ENGINEERS SALES TAX EN. TRANSP. Al AUTO ELECTRIC COMPANY ADV ANTAGENETWORK SYSTEMS ALPINE LUMBER COMPANY AMERICAN SALES INCENTIVES ANDREA VESQUE AT & T WIRELESS SERVICES AUDRA MEYERS B & H SPORTS BERRY CREEK METROPOLITAN BRODY CHEMICAL BUFFALO RIDGE AFFORDABLE CASTA CASTLE PEAK AUTOMOTIVE CENTRAL DISTRIBuTING COLLETTS COLORADO MOTOR PARTS COLORADO MOUNTAIN NEWS COLUMBINE MARKET COpy COPY CORPORATE EXPRESS CUMMINS ROCKY MOUNTAIN DAVID B LOSH DOCTORS ON CALL DRIVE TRAIN INDUSTRIES EAGLE COUNTY MOTOR POOL EAGLE PHARMACY EAGLE V ALLEY PRINTING EUCLID PRODUCTS COMPANY FEDERAL EXPRESS FIREBUSTER SOLUTIONS G & K SERVICES GE CAPITAL GENERAL FUND GILLIG CORPORATION SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SUPPLIES SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SERVICE SUPPLIES SERVICE SERVICE SUPPLIES SUPPLIES SUPPLIES SUPPLIES SERVICE SUPPLIES SERVICE SUPPLIES SUPPLIES. REIMBURSEMENT SERVICE SUPPLIES SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES 174,613.05 6,339.11 48,690.75 49.19 2,010.00 17,800.00 555.75 1,186.32 5,234.18 1,451.25 5,975.00 4,695.00 1,375.00 1,200.00 7,406.00 1,640.00 126.06 77,467.10 49,410.14 1,664.10 21,450.00 23,687.27 12,186.00 200.34 545.46 . 466,957.07 1,130.00 11.55 229.06 1,551.84 41.49 267.71 28.63 161.00 150.00 111.93 11,032.00 3,035.44 100.00 13 1.38 1,266.26 153.44 2,500.00 55.70 977.50 99.42 1,349.44 50.95 1,295.00 4,889.94 29,627.70 20.05 400.00 1,434.16 95.65 31.40 547.80 296.08 176,000.00 1,998.11 10 1/4/2005 GYPSUM V ALLEY FEED HCA.HEALTHONE LLC HEALTH INSURANCE FUND HIGH COUNTRY SHIRTWORKS HOLY CROSS ELECTRIC ASSOC IMP ACT GRAPHICS & SIGNS INNOVATIVE ENERGY INSTA"CHAIN INC JANET FIELD JAY MAX SALES JMC COP DEBT SERVICE FUND KINDER MORGAN INC KTUN-NRC BROADCASTING KZYR-COOL RADIO LLC LAMINATION SERVICE INC LAWSON PRODUCTS LIGHTS ON BROADWAY M & M AUTO PARTS MEDICAL CENTER OF EAGLE MID WEST TRUCK MILLENNIUM TOWING MiNOR STORAGE MOTOR POOL FUND POWERSHIFT INC QUILL CORPORATION QWEST RAGAN COMMUNICATIONS INC RETIREMENT FUND RON E BECK SAN DIEGO COuNTY OF THE SERVICEMASTER CLEAN SNAP ON TOOLS STEWART AND STEVENSON SUSPENSE FUND TIMBERLINE STEEL TIRE DISTRIBUTION SYSTEMS TOWN OFA VON TOWN OF GYPSUM TOWN OF V AIL UNITED STATES WELDING VAIL NET VAIL RESORTS INC V AIL V ALLEY COMMUNITY VERIZON WIRELESS, WASTE MANAGEMENT WELLS FARGO XCEL ENERGY XEROX CORPORATION YELLOW BOOK USA ZEE MEDICAL SERVICE PAYROLL FOR DECEMBER SALES TAX E.V. TRAILS ALPINE ENGINEERING AMERICAN PUBLIC WRKS ASSC CORPORATE EXPRESS ELLIE CARYL FEDERAL EXPRESS HEALTH INSURANCE FUND JUST SOAP NEXGEN CONSTRUCTORS SUPPLIES REIMBURSEMENT EMPLOYEE BENEFIT SERVICE SERVICE SERVICE SERVICE SUPPLIES REIMBURSEMENT SUPPLIES SERVICE SERVICE SERVICE SERVICE SUPPLIES SUPPLIES SUPPLIES SUPPLIES SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SUPPLIES SUPPLIES SERVICE SUPPLIES SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE PAYROLLEXPD SERVICE SERVICE SERVICE SUPPLIES PAYROLL 25 &26 SERVICE SERVICE SUPPLIES REIMBURSEMENT SERVICE EMPLOYEE BENEFIT SUPPLIES SERVICE 400.00 528.60 643,823.89 52.00 3,273.29 456.00 2,296.00 2,641.88 89.42 109.45 219,874.00 7,854.94 2,000.00 2,083.00 2,282.03 471.57 51.00 9.32 70.30 491.24 300.00 1,320.00 9,657.78 716.30 334.42 230.88 28.88 109,827.79 3,600.00 46.08 3,280.41 345.13 345.10 12,750.50 22.92 765.00 5,840.79 839.93 200.00 26.91 11. 95 200.00 150.00 82.08 222.20 60,712.14 423.61 239. I 0 359.27 338.77 140,003.29 1,483,149.79 44.57 122.00 483.68 84.74 10.85 3,043.36 61.80 136,878.56 11 1/4/2005 RETIREMENT FUND SUSPENSE FUND WELLS FARGO TRANSPORTA. VEHICLE RPLCMT SILVERTHORNE MOTORS AIRPORT FUND A & H GRAPHICS ABOVE & BEYOND BALLOONS ACTIVE COMMUNICATIONS AMERICAN ASSOC AIRPORT AMERICAN LINEN ASMI BALCOMB AND GREEN BERTHOD MOTORS BIG STEVES TOWING BRIAN SCHOFIELD CABELAS CENTRAL SERVICES/EC CENTURYTEL CHRIS ANDERSON COLLETTS COLORADO MOTOR PARTS COLUMBINE MARKET COpy PLUS CORPORATE EXPRESS CROUSE HINDS AIRPORT CUMMINS ROCKY MOUNTAIN DDI EQUIPMENT DEEP ROCK WATER CO DEPARTMENT OF AIRPORTS DISH NETWORK DOCTORS ON CALL DOLPHIN CAPITAL CORP DRAGONS BOOT & SHOE DRIVE TRAIN INDUSTRIES EAGLE V ALLEY PRINTING ELIZABETH WILT FACTORY SURPLUS GENERAL FUND GLENWOOD SHIRT COMPANY GRAINGER INCORPORATED GRAND JUNCTION PIPE AND GYPSUM TOWN OF HEALTH INSURANCE FUND HIGH COUNTRY SHIRTWORKS HILL & COMPANY HOLY CROSS ELECTRIC ASSOC IDEA BANK JANIS TILLOTSON JJ KELLER AND ASSOCIATES KINDER MORGAN INC L.N. CURTIS & SONS LAF ARGE CORPORATION LAWSON PRODUCTS LIGHTNING SERVICES M&MAUTOPARTS MACDONALD EQUIPMENT CO MAIN AUTO PARTS MCI WORLDCOM SERVICE SERVICE PAYROLL EXPD SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SUPPLIES SERVICE REIMBURSEMENT SERVICE SUPPLIES SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE EMPLOYEE BENEFIT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SUPPLIES SERVICE SUPPLIES SERVICE 1,730.00 147.70 851.63 143,458.89 23,730.00 23,730.00 20.00 135.36 4.98 775.00 79.92 20,941.25 814.00 2,510.36 45.00 25.00 134.91 437.81 5,993.95 142.81 3,972.58 3.67 123.61 21.00 540.57 98.53 832.88 409.38 141.85 1,650.00 49.99 110.00 543.54 301.67 244.68 495.00 72.00 96.47 102,000.00 81.00 116.96 18.62 431.05 264,782.90 590.00 1,250.00 4,134.37 195.00 25.00 349.39 4,522.48 120.00 7,699.16 182.98 80.00 243.76 1,073.40 135.57 25.38 12 l/4/2005 METEORLOGIX MIDWEST AIR TRAFFIC MOTOR POOL FUND NA TIONAL VELVET NEXTEL NIKE INC NOBLE WELDING OJ WATSON COMPANY INC OSH'KOSH TRUCK CORPORATION OUR DESIGNS INC OVERHEAD DOOR COMPANY POWER ELECTRICAL COMPANY RETIREMENT FUND RIFLE FIRE pROTECTION ROAD AND BRIDGE DEPARTMEN SEVERSON SUPPLY CO., INC. SUMMITEX, LLC SUPERFLITE SUSPENSE FUND TRI COUNTY FIRE TWO RIVERS CHEVROLET UNITED PARCEL SERVICE URS CORPORATION US CUSTOMS SERVICE V AIL DAILY THE VAIL ELECTRONICS VALLEY LUMBER VERIzON WIRELESS, VISA CARD SERVICES WASTE MANAGEMENT WELLS FARGO WESTERN IMPLEMENTS WESTON SOLUTIONS, INC. WINDFALL ATTRACTIONS WORKR.!TE WYLACO SuPPLY COMPANY XEROX CORPORA TIbN 2EP MANUFACTURING COMPANY PAYROLL FbR DECEMBER M1CROW AVE MAINTENANCE FUND CENTURYTEL HOLY CROSS ELECTRIC ASSOC LEGACY COMMUNICATIONS INC MCI WORLDCbM QWEST CAPITAL EXPENDITURE FUND PETTY CASH ACCOUNTING RMC MEDICAL INC VISA CARD SERVICES LANDFILL FUND CENTRAL SERVICES/EC DEEP ROCK WATER CO DOWN V ALLEY SEPTIC EAGLE V ALLEY ALLIANCE ECO PRODUCTS GYPSUM VALLEY FEED MACHOL & JOHANNES ROAD AND BRIDGE DEPARTMEN SUSPENSE FUND SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE PAYROLLEXPD SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SUPPLIES PAYROLL 25 & 26 SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE 1,596.00 52,391.00 1,017.90 7.65 1,220.62 1,309.91 65.00 402.76 1,334.1 5 89.95 310.34 60,009.80 23,378.97 175.00 1,171.73 4,038.74 222.40 447.93 2,722.20 348.00 506.96 35.90 52,214.01 116.54 258.48 2,365.00 707.13 181.06 1,191.98 445.02 18,777.39 217.83 1,500.00 14.00 140.44 334.71 87.55 99.75 44,125.16 705,403.75 1 13 .25 2,334.59 19,225.50 3,291.02 933.22 #REF! 95.52 175.00 195.35 465.87 277.48 74.50 450.00 7,124.90 23.00 75.00 681.04 393,180.18 1,833.76 13 1/4/2005 WASTE MANAGEMENT YARGER SERVICES LLC PAYROLL FOR DECEMBER MOTOR POOL FUND ACTIVE COMMUNICATIONS AL-JON INC BERTHOD MOTORS CENTRAL DISTRIBUTING CENTURY EQUWMENT COMPANY COLLETTS COLORADO MOTOR PARTS COPY PLUS CUMMINS ROCKY MOUNTAIN EATON SALES & SERVICE FARIS MACHINERY CO G & K SERVICES GENERAL FUND GLENDA WENTWORTH GLENWOOD RADIATOR REPAIR GOODYEAR WHOLESALE TIRE llANSON EQUIPMENT HEALTH INSURANCE FUND HENSLEY BATTERY HOLY CROSS ELECTRIC ASSOC liONNEN EQUWMENT JIM PARIS TIRE COMPANY JMC COP DEBT. SERVICE FUND KINDER MORGAN INC KOIS BROTHERS LAWSON PRODUCTS M & MAUTO PARTS MACDONALD EQU1PMENT CO MAIN AUTO PARTS MOTOR POOL FUND NAP A AUTO P ARTS-CARBONDLE NOVUS AUTOGLASS PETTY CASH MOTOR POOL RETIREMENT FUND REY MOTORS INCORPORATED SAFETY KLEEN (WHICITA) SAN DIEGO COUNTY OF THE SERVICEMASTER CLEAN SUSPENSE FUND TIRE DISTRIBUTION SYSTEMS TOWN OF GYPSUM TWO RIVERS CHEVROLET UNITED STATES WELDING WAGNER EQUIPMENT COMPANY WASTE MANAGEMENT WEAR PARTS EQUIPMENT WELLS FARGO WESTERN SLOPE PAINT WYLACO SUPPLY COMPANY PAYROLL FOR DECEMBER HEALTH INSURANCE FUND DENMAN GREY AND COMPANY EAGLE COUNTY REGIONAL GENERAL FUND SERVICE SERVICE PAYROLL 25 & 26 SERVICE SUPPLIES SERVICE SUPPLIES SERVICE SERVICE SUPPLIES SUPPLIES SERVICE SERVICE SERVICE SUPPLIES SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE EMPLOYEE BENEFIT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SUPPLIES SERVICE SUPPLIES SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE PAYROLLEXPD SERVICE SUPPLIES PAYROLL 25 & 26 EMPLOYEE BENEFIT EMPLOYEE BENEFIT EMPLOYEE BENEFIT 40,149.00 850.00 14,616.70 459,335.56 138.00 5,095.48 38.85 38.20 95.86 55,335.63 654.86 61.36 189.70 1,999.25 165.69 516.66 115,000.00 17.00 138.77 5,602.56 33,748.04 160,288.75 273.55 2,384.68 1,208.48 2,349.24 162,336.00 4,523.03 1,599.90 904.91 480.41 1,383.46 21.75 5,734.56 14.03 613.00 148.76 17,255.11 II 1.76 278.90 46.08 2,421.95 1,837.96 604.00 620.13 285.01 291.65 90.30 164.06 9,977.50 9,487.25 954.96 980.77 25,094.28 633,602.09 1,050.00 76.21 240.51 14 1/4/2005 GENWORTH FINANCIAL EMPLOYEE BENEFIT EMPLOYEE BENEFIT SERVICE EMPLOYEE BENEFIT EMPLOYEE BENEFIT 25,870.00 JEFFERSON PILOT FINANCIAL MUTUAL OF OMAHA 3,774.27 3,222.00 ROAD AND BRIDGE FUND 1.32 UNITED STATES LIFE INS 4,941.20 39,175.51 ENHANCED E911 FUND CENTURYTEL QWEST SERVICE SERVICE 366.70 17,130.80 17,497.50 13,081,836.57 Consent Agenda Chairman Stone stated the first item before the Board was the Consent Agenda as follows: A Approval of Bill Paying for the Weeks of January 3 and January 10,2005 (Subject to review by the County Administrator) Mike Roeper, Finance Department B. Approval of the Payroll for January 6, 2005 (Subject to Review by the County Administrator) Mike Roeper, Finance Department C. Approval of the Minutes of the Eagle Board of County Commissioners Meetings for December 14 and December 16, 2004 Teak Simonton, County Clerk and Recorder ). Second A111eridfilentto the Agreement for Operation of the Eagle County Regional Airport Control Tower Between EagleCoUhty, Colorado and Midwest Air Traffic Control Chris Anderson, Airport E. Water Lease Agreement between Eagle County and Bill and DeAnn Lammert For Water Use from the Neilsen South Ditch Helen Migchelbrink, Facilities Management F. Agreement between Eagle County, Buchholtz and the Town of Eagle County Attorney's Office Representative G. Change Orders #6 and #7 for the Avon to Dowd Junction trail, Phase I Construction Agreement Ellie Caryl, ECO Trails H. Memorandum of Understanding between Eagle County and the Vail Child Care Center for The Early Childhood Partners Program Kathleen Forinash, Health & Human Services L Agreement between Eagle County and The Family Learning Center Kathleen Forinash, Health & Human Services J. Agreement between Eagle County and Blue Lake Preschool Kathleen Forinash, Health & Human Services ~. Agreement between Eagle County and Olga Wilkins for Family and Youth Life Services Kathleen Forinash, Health & Human Services 15 1/4/2005 L. Change Order Number 4 from American Civil Constructors for Additional Work at the Berry Creek Pond Project and Recreation Fields in Edwards, Colorado Michael Cirkovic, Facilities Manager M. CTSI Colorado Counties Casualty and Property Pool Agreement for Partially Self-Funded Program - Eagl County 1/1/05 - 12/31/05 Helen Migchelbrink, Facilities Management N. Agreement betWeen Eagle County and Kenney Associates, LLC regarding Provision of Architectural Services for the Fairgrounds Multiuse Event Center Helen Migchelbrink, Facilities Management O. Approval of Expenditure of Savings to Purchase Two Additional Motor Pool Vehicles Brad Higgins, Road & Bridge Chairman Stone asked the Attorney's Office if there were any changes to the Consent Agenda. Diane Mauriello, County Attorney stated that items E and F needed to be pulled. Commissioner Gallagher asked if Lines 2 and 6 on Item L were serving the same purpose. Michael Cirkovic, Facilities Manager, responded that Line 6 reflected the installation of the electrical conduit to the new transformer near the pump house. He stated that Line 2 was a conduit to the seating area of the amphitheater. Chairman Stone stated that the conduit in question already existed. Mr. Cirkovic stated that was true and this item was a clarification of work that was done. Chairman Stone asked that Item N be pulled and discussed further. Commissioner Gallagher moved to approve the Consent Agenda of January 4,2005, Items A-O, omitting Items E, F, and N. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Chairman Stone had questions about Exhibit B, pertaining to Item N. He believed that the construction schedule listed was somewhat unrealistic. He would like to see a more flexible agreement to allow the County to make changes, as needed. Bryan Treu of the Attorney's Office stated that he had included such language in the agreement that allowed for the flexibility requested. Commissioner Gallagher moved to approve Item N of the Consent Agenda. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Planning and Land Use Resolution Consent Agenda Cliff Simonton, Community Development A. Resolution 2005-001 Denying the Special Use Permit for the Hobbs Processing Plant (Eagle County File No. ZS-00113). The Board of County Commissioners denied this proposal on December 7th, 2004. Commissioner Gallagher moved to approve the Planning and Land Use Resolution Consent Agenda for January 4, 2005, consisting ofItem A. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Minor Subdivision Plat Signing Cliff Simonton, Community Development There were no minor subdivision plats for the Board's consideration this week. 16 1/4/2005 Final Settlement - Agreement between Eagle County and Old Castle SW Group, Inc. d/b/a! B&B Excavating, Inc. for the Lake Creek Pedestrian Path County Attorney's Office Representative Commissioner Gallagher moved to approve the Final Settlement Agreement between Eagle County and Old Castle SW Group, Inc. dba B&B Excavating, Inc. for the Lake Creek Pedestrian Path. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Final Settlement - Agreement between Eagle County and Nexgen Constructors, Inc. for Construction of the Dowd Junction to Avon Phase I trail County Attorney's Office Representative and ECO Trails Commissioner Gallagher moved to approve the Final Settlement Agreement between Eagle County and Nexgep Constructors, Inc. for Construction of the Dowd Junction to Avon Phase I trail. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Final Settlement - Agreement between Eagle County and Frontier Paving Inc. for Overlay and Shoulder Gravel on Various Eagle County Roads County Attorney's Office Representative and Road & Bridge Diane Mauriello of the County Attorney's Office stated that there was a claim filed on this agreement, but that it has since been withdrawn. Commissioner Gallagher moved to approve the Final Settlement Agreement between Eagle County and Frontier Paving Inc. for Overlay and Shoulder Gravel on Various Eagle County Roads. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Final Settlement - Agreement between Eagle County and J.P. Trucking, Inc. for Supplying, Loading and Iauling of Approximately 24,263 (+-) of %" Road Base Material to Various Eagle County Roads . County Attorney's Office Representative and Road & Bridge Ms. Mauriello stated that an inquiry was made, but there had been no follow up or official claim made. Commissioner Gallagher moved to approve the Final Settlement Agreement between Eagle County and J.P. Trucking, Inc. for Supplying, Loading and Hauling of Approximately 24,263 (+/-) of%" Road Base Material to Various Eagle County Roads. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Final Settlement - Agreement between Eagle County and Warning Lites & Equipment, Inc. for Centerline Marking Project on Various.Eagle County Roads County Attorney's Office Representative and Road & Bridge Commissioner Gallagher moved to approve the Final Settlement Agreement between Eagle County and Warning Lites & Equipment, Inc. for Centerline Marking Project on Various Eagle County Roads. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Final Settlement - Agreement between Eagle County and Hill Brothers Chemical for Dust Stabilizing and Control Agent, Magnesium Chloride F.O.B. Glenwood Springs Rail Yards and Provision ofa Chemical Analysis of the Agent and Provide an Independent Laboratory Analysis of Each Tanker Delivery County Attorney's Office Representative and Road & Bridge Commissioner Gallagher moved to approve the Final Settlement Agreement between Eagle County and !ill Brothers Chemical for Dust Stabilizing and Control Agent, Magnesium Chloride F.O.B. Glenwood Springs ~ail Yards and Provision of a Chemical Analysis of the Agent and Provide an Independent Laboratory Analysis of Each Tanker Delivery. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unanimous. 17 1/4/2005 Consideration of Official Eagle County Newspaper RFP Bids County Attorney's Office Representative Ms. Mauriello stated that invitations to bid were sent out to the various agencies. She told the Board that the bid in the Commissioners' packets was not in compliance with the Colorado Revised Statutes, and she recommended rejection of the bid. Andrea Palmcorter of the Eagle Valley Enterprise was present to answer the Board's questions. She stated that they would refigure their bid and resubmit it. There were differences that arose because of the way her paper is fornatted. Chairman Stone asked if there was a rate increase that was causing the problems. Ms. Palmcorter stated that the problems were arising because her paper is formatted differently from the state statutes, and therefore, they have to reformat and re-compute the prices. She did state that the prices listed were 5% more than last year. Deborah Churchill of the administrator's office stated that there were inconsistencies in the bid and incorrect numbers were calculated. She stated the figures were being revised and would be re-submitted. She also stated that there were some concerns expressed by the elected officials over some of the language in the bid, as well. Commissioner Gallagher asked the Attorney's Office for guidance on how to proceed. Ms. Mauriello stated that it would be best to reject the bid and then re-issue an invitation to bid. Chairman Stone asked the Attorney's Office to research other alternatives available if an agreement could not be reached with the Eagle Valley Enterprise.- Commissioner Gallagher moved to reject all bids for designation of the official Eagle County newspaper and re-publish the request for proposals for that designation. Chairman Stone seconded the motion. The vote was declared unanimous. Commissioner Gallagher moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Eagle County Liquor License Authority Don DuBois, Clerk and Recorder's Office Other Liquor A. Game Creek Club-Manager's Registration of Scott O'Connell Vail, CO Commissioner Gallagher moved to table the Manager's Registration for Scott O'Connell of Vail Food Services, Inc. dba Game Creek Club, at the applicant's request, indefinitely. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declared unanimous. B. Wildwood Shelter-Manager's Registration of Kenneth Woodbury Vail, CO APPLICANT: DBA: REPRESENTATIVE: LOCATION: Vail Food Services, Inc. Wildwood Shelter Kenneth Woodbury, Manager Vail Mountain Vail, CO DESCRIPTION: This is a Manager's Registration for Kenneth Woodbury. 18 1/4/2005 STAFF FINDINGS: ~ This application is in order, all application requirements have been met, and all fees have been paid. ~ The applicant currently has a 10% interest in The Ozark Brewing Company of Fayetteville, AR. This is acceptable according to 12-347-4ll (13) (b) of the Colorado Liquor Code. ~ The applican~ is reported to be of good moral character, based upon Sheriffs reports. ~ Mr. Woodbury has been server trained. CONCERNS / ISSUES: RECOMMENDATION: None Approval Kenneth Woodbury, the applicant, was present to answer the Board's questions. He gave his background in the Colorado restaurant industry and his specific dealings with the Colorado Liquor Code. He has been involved with the Liquor Code extensively in his role with Vail Food Services and has helped with TIPS-training. Commissioner Gallagher moved the Local Liquor Licensing Authority approve the manager's registration for Kenneth Woodbury of Vail Food Services, Inc., dba Wildwood Shelter. ChairIIlan Stone seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Commissioner Gallagher moved to adjourn as the Eagle County Liquor Licensing Authority and re- convene as the Board of Directors for the Eagle County Land Trust. Chairman Stone seconded the motion. Of the two voting commissioners, the vote was declare4 unanimous. Eagl~ County Land Trust County Attorney's Office Representative Chairman Stone. opened Public Comment to discuss this matter.. Ann Essen spoke to the Board about her similar experiences in the Napa Valley of California and how a mall Land Trust grew into a large, very effective organization. She doesn't think that there needs to be two Land Trusts, as it seems to be duplicative and a waste of taxpayer monies. She believes the Commissioners should work more closely with the existing Land Trust. Diana Sacala of Citizens' for Open Space stated that the best mechanism for preserving open space is to have Open Space Departments within the County Government. She stated that this has been used successfully in several Colorado counties. She questioned whether the County wanted to compete with other non-profit organizations for donations. She asked that the County re-consider its decision to form this Land Trust. Cindy Cohagen of the Eagle Valley Land Trust urged the Board not to form a Land Trust. She told the Board of the volume of work and time that entails running a Land Trust. Federal inspections or regulations of Land Trusts will be coming soon and this will greatly increase the work load of the Land Trust. She stated that the County does not need a Land Trust, as it already can do what it intends to do with its existing powers. John Dunn, member of the Eagle Valley Land Trust Board, spoke to the Board about how complex running a Land Trust is, especially with the taxes involved. He believes that the existing Eagle Valley Land Trust is excellent and can clearly meet the needs of the County. Bob Gardner, member of the Eagle Valley Land Trust, urged the Board to re-consider its decision to go ahead with the formation of this Eagle County Land Trust. Chairman Stone then closed Public Comment. He stated that Eagle County is not in competition with the Eagle Valley Land Trust. He envisions working with the Eagle Valley Land Trust to achieve a common goal. He stated that there are situations that may arise where the County would be in the best position to handle the issue and not the Eagle Valley Land Trust. He spoke about the Red Sky Ranch Sketch Plan File as an example of this and the rationale behind establishing the Eagle County Land Trust. He believes that the County Attorneys can ably and effectively run this Land Trust. He knows that the County will always be in existence, and it is possible that the Eagle Valley Land Trust could cease to exist, even if only remote. He is also more comfortable with public money being spent by a public entity, and the Eagle Valley Land Trust is a private entity. He believes that this may be a e1dom used Land Trust, but it should be in place, when needed. Commissioner Gallagher stated he would like to have in writing that the Eagle County Land Trust would be utilized only when the existing Land Trusts or other entities are not sufficient to meet the needs of the public. He 19 1/412005 believes that this a good tool for the County to have. He stated that the Eagle County Land Trust is already in existence with the State, and they are going to go forward with it. He also envisions turning properties over to the Eagle Valley Land Trust in the future. Walter Mathews, Deputy County Attorney, stated that language could be adopted to meet Commissioner Gallagher's concerns. 1. Approval of Acts ofIncorporator Commissioner Gallagher moved to approve the Acts of the Incorporator. Commissioner Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. 2. Approval of the Bylaws Commissioner Gallagher moved to approve the bylaws of the Eagle County Land Trust with the condition that they be amended before the next Board meeting to reflect the Commissioners' directive that the Eagle County Land Trust be used only when no other entities exist to sufficiently satisfy the needs. Commissioner Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. 3. Approval of Corporate Seal Commissioner Gallagher moved to approve the Corporate Seal. Commissioner Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. 4. Election of officers a. President b. Vice President c. Secretary The Board will need to elect a Treasurer at a later date because the Board only consists of the initial Board (3 members); Commissioner Gallagher moved to designate Commissioner Tom Stone as President. Commissioner Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. Commissioner Gallaghermoved to designate Commissioner Am Menconi as Vice-President. Commissioner Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. 5. Appointment of two (2) Eagle County Residents to serve on the Board of Directors of the Eagle County Land Trust. The term of service is for three (3) years; Commissioner Gallagher moved to table these appointments until the new Board takes office. Commissioner Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. 6. Approve that fiscal year of the Corporation shall commence on January 1 and end on December 31 of each year Commissioner Gallagher moved that the fiscal year of the Eagle County Land Trust shall commence on January 1 and end on December 31 of each year. 20 1/4/2005 Commissioner Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. 7. Approve that the President and/or Secretary are authorized to sign SS4 form and 501(c) (3) pplication for iIling with the IRS. Commissioner Gallagher moved to authorize the President to sign the' SS4 Form and 50l (c) (3) application for filing with the IRS. Commissioner Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. 8. New Business There was no new business. 9. Adjourn CortJ.rtJ.issioner Gallagher moved to adjourn as the Eagle County Land Trust and reconvene as the Board of County Commissioners. Commissioner Stone seconded the motion. Of the two voting commissioners, the vote was declared unammous. CortJ.rtJ.issioner Menconi was present for the following files. Abatement. Hearings County Attorney's Office Representative/Assessor's Office John Harrison of the Assessor's Office presented the following Abatement Requests to the Board: 1. Tigiwon Properties, L.L.C. Schedule No. R005490 Mr. Hamson stated that this was a piece of vacant land south of Minturn and the Assessor's Office did recommend a change in the property value from $165,500 to $31,230, due to environmental problems and wetlands that exist on site. Michael Page representing Tigi'won Properties, LLC was present and agreed with the Assessor's recommendation. Commissioner Gallagher moved to approve the abatement of taxes for Tigiwon Properties, Schedule No. R005490. Commissioner Menconi seconded the motion. The vote was declared unanimous. 2. 3. The Wren Association The Wren Association Schedule No. R055193 Schedule No. R055l94 Barbara Woods representing the Wren Association was present. Bryan Treu of the Attorney's Office gave a background of these files. He stated that the applicant is protesting the 2004 taxes for two of their units. Ms. Woods stated that these two units are studios and are part of the general common elements. They had never been separately scheduled or assessed until 2004, when they received a notice of correction for 2002 and 2003. They then filed for a petition for abatement for 2002 and 2003 as per statute. They protested the 2004 assessment and were rejected. They have filed suit in Eagle County District Court and that suit is pending. Mr. Treu clarified some of Ms. Woods' statements. He stated that these files will require many different egal maneuvers, involving two different legal venues. Chairman Stone asked for clarification of the properties. 21 1/4/2005 Mr. Harrison stated that these represent studio units in the Wren Condo Association. The Assessor's Office assigned separate schedules for them in 2004 because the units were being sold as right to use as interval units and the Assessor's Office feels the units do not meet the requirements of common element. Ms. Woods stated that the studios are part of the general common element and are subject to an easement and right to use. The users of these units are not members of the association and don't have voting rights. Theyar not a fee simple ownership, and the rights to use them can't be partitioned or sold, ever. Mr. Harrison stated that the wording of these deeds is not different from any other interval ownership-type properties. Commissioner Gallagher moved to deny the petition for abatement of taxes for 2002 and 2003 for the Wren Association, Schedule Nos. R055193 and R055194. Commissioner Menconi seconded the motion. The vote was declared unanimous. Planning Files 1. PR-00027 Miller Ranch Landscaping Plan Joe Forinash, Community Development NOTE: Tabled from 9/21/04, 10/12, l1/l6/04 and 12/15/04-to be tabled to 2/8/05 ACtION: Proposed revisions to the Landscaping and Fencing Plan for Miller Ranch LOCATION: Miller Ratich, Tract D, Berry Creek Miller Ranch PUD in Edwards . Commissioner Gallagher moved to table File PR-00027, Miller Ranch Landscaping Plan, at the applicant's request until February 8, 2005. Commissioner Menconi seconded the motion. The vote was declared unanimous. 2. PDR-00028 & ZC-00070 - Silo am Springs PUD Clifford Simonton, Planner, Community Development NOTE: This file was tabled from 8/l7/04, 9/21 and 12/7--to be tabled to 2/15105 ACTION: PUD for 5 lots on the Eagle River in Dotsero LOCATION: 002412 Hwy 6, Dotsero Commissioner Menconi moved to table FilesPDR-00028 and ZC-00070, Siloam Springs PUD, at the applicant's request, until February 15,2005. . Commissioner Gallagher seconded the motion. The vote was declared unanimous. 3. PDA-00055 - Mt. Sopris Tree Farm pun Amendment Crown Mountain Park Joseph Forinash, Community Development NOTE: To be tabled to February 1,2005, at a special meeting at the Eagle County Community Center in El lebel To amend PUD Preliminary Plan to revise site plan for recreation improvements Mt. Sopris Tree Farm, south of Valley Road, west of Sopris Village Subdivision ACTION: LOCATION: Commissioner Gallagher moved to table File PDA-00055, Mt. Sopris Tree Farm PUD Amendment Crown Mountain Park, at the applicant's request, until February 1,2005, a special meeting at the Eagle County Community Center in El Jebel. Commissioner Menconi seconded the motion. The vote was declared unanimous. Chairman Stone stated that there would be a site visit and a Public Hearing in El Jebel, but no action would be taken until the Commissioners met at the Eagle County Building in Eagle. 4. PDA-00058 Berry Creek Miller Ranch pun Joe Forinash, Community Development 22 1/412005 ACTION: PUD amendment to reduce the minimum setback from 20 feet to 15 feet for Parcell on Tract D (Miller Ranch Housing) for a Child Care Facility/Community Center LOCATION: Berry Creek Miller Ranch PUD.:..- South ofI-70; east of Edwards 1-70 Spur Road; generally north of Union Pacific RR tracts TITLE: Berry Creek Miller Ranch PUD Amendment and Miller Ranch Parcel 1 - Child Care Facility / Community Center PDA-00058 / PUD Amendment Berry Creek Miller Ranch PUD (South ofI-70; east of Edwards 1-70 Spur Road; generally north of Union Pacific RR tracks) Eagle County Doug DeChant, Ryan Wolffe (Shepherd Resources, Inc.) FILE NO./PROCESS: LOCATION: APPLICANT: REPRESENTATIVE: STAFF RECOMMENDATION: Approval with condition PLANNING COMMISSION RECOMMENDATION: Approval with condition (6-0) PLANNING COMMISSION DELIBERATION: . Clarification of need for reduced setback. PROJECT DESCRIPTION SUMMARY: A PUD amendment to reduce the minimum side yard setback from 20 feet to 15 feet for Parcel 1 on TractD (Miller Ranch Housing) for a Child Care Facility / Community Center. The development of Parcel I Miller Ranch is being considered during a separate site specific development review proposal. Please see companion File No. PR~00028. CHRONOLOGY: 2002 - Combined PUD Sketch/Prelirtlinary Plan for Berry Creek Miller Ranch PUD approved. 2002 - Final Plat for the Berry Creek / Miller Ranch PUD approved. 2002 - Final Plat for Miller Ranch Filing 1 approved. SITE DATA: Surrounding Land Uses (to Miller Ranch Parcell) / Zoning: East: Residential / PUD West: Recreation / PUD North: Miller Ranch Road; school site; 1-70/ PUD South: Residential / PUD Existing Zoning: Planned Unit Development Proposed No. of Dwelling Units: Total Area: Wa.ter: Sewer: Access: None 0.920 acres Eagle River Water and Sanitation District Eagle River Water and Sanitation District Mill Loft and Miller Ranch Road STAFF REPORT REFERRAL RESPONSES: Eagle County Engineer . No comments. 23 1/4/2005 Other Referrals have been made to: Eagle County Attorney, Eagle County School District (RE50J); Miller Ranch HOA. FINDINGS: Pursuant to Eagle County Land Use Regulations Section 5-240.F.3.e Standards for the review of a PUD Preliminary Plan: STANDARD: Unified ownership or control. [Section 5-240.F.3.e (1)] - The title to all land that is part of a PUD shall be owned or controlled by one (1) person. A person shall be considered to control all lands in the PUD either through ownership or by written consent of all owners of the land that they will be subject to the conditions and standards of the PUD. Eagle County is the sole owner of Parcell in Miller Ranch, the only lot in the PUD directly affected by this PUD amendment. [+) FINDING: Unified ownership or control. [Section 5-240.F.3.e (1)] The title to all land that is part ofthis PUD IS owned or controlled by one (1) person. STANDARD: Uses. [Section 5-240.F.3.e (2)] - The uses that may be developed in the PUD shall be those uses that are designated as uses that are allowed, allowed as a special use or allowed as a limited use in Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule", or Table 3-320, "Commercial and Industrial Zone Districts Use Schedule", for the zone district designation in effect for the property at the time of the applicationfor PUD. Variations of these use designations may only be authorized pursuant to Section 5-240 F.3.f, Variations Authorized. At the time the PUD Preliminary Plan was approved, all uses were allowed uses or certain variances were approved, including one for an office/administrative building. No additional uses are proposed and no additional variances are necessary . [+] FINDING: Uses. [Section 5-240.F.3.e (2)] All of the proposed additional uses that may be developed in the PUD ARE uses that are designated as uses that ate allowed, allowed as a special use or allowed as a limited use in the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment. STANDARD: Dimensional Limitations. [Section 5-240.F.3.e (3)] - The dimensional limitations that shall apply to the PUD shall be those specified in Table 3-340, "Schedule of Dimensional Limitations", for the zone district designation in effect for the property at the time of the application for PUD. Variations of these dimensional limitations may only be authorized pursuant to Section 5-240 F.3f, Variations Authorized. provided variations shall leave adequate distance between buildings for necessary access and fire protection, and ensure proper ventilation, light, air and snowmelt between buildings. When the PUD Preliminary Plan was initially approved, certain variations were granted for the Housing Tract (Miller Ranch), including Parcell which was designated for the child care facility / community center, to obtain desired design qualities and to provide incentives to assure long term affordable housing. Variations were granted for minimum lot area, the maximum building height, and the required yard setbacks, and were due largely to the more neo-traditional character that was desired for the neighborhood. The proposed revisions to the dimensional limitations apply only to the side yard setback applicable to Parcell in Miller Ranch. The dimensional limitations table on page 7 of the PUD Guide reflects two side yard setbacks, one for the side yard adjacent to a street ("side on street") and another for the interior side ("Int. side"), the latter being the side adjacent to the recreation fields to the west. This amendment would reduce this Interior Side setback adjacent to the recreation fields from 20 feet to 15 feet. 24 1/4/2005 The side yard setback in most traditional zone districts in unincorporated Eagle County is the greater of 12.5 feet or half the height of the tallest building on the site. In this case, the site currently has no permanent structures, but the tallest building allowed is 35 feet. If typical setback requirements were applied, the required setback could be as much as 17.5 feet (half of 35 feet), or 2.5 feet greater than the proposed 15 feet. Given the recreational nature of the Iroperty to the west, no significant adverse impact is foreseen. The use proposed for Parcel 1 is a public facility which will include a child care facility and a community center. As provided in Sectidn 5-240.F.3.f., Variations Authorized, of the Land Use Regulations, a variation of the dimensional limitation is appropriate to obtain desired design qualities and to provide incentives to develop public facilities. The reduced side yard setback will continue to provide adequate distance between buildings necessary for access and fire protection; proper ventilation, light and air; and snowmelt between buildings. [+] FINDING: Dimensional Limitations. [Section 5-240.F.3.e (3)] The dimensional limitations that shall apply to the PUD ARE NOT those specified in the Planned Unit Development Guide in effect for the property at the time of the application for the PUD Amendment. aOWEVER, a variation of these dimensional limitations MAY be authorized pursuant to Section 5-240 F.3.f., Variations Authorized. STANDARD: Off-Street Parking and Loading. [Section 5-240.F.3.e (4)] - Off-street parking and loading provided in the PUD shall comply with the st~ndards of Article 4, Division 1, Qff-Street Parking and Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates that: (a) Shared Parking. Because of shared parking arrangements among uses within the PUD that do not require peak parkingfor those uses to occur at the same time, the parking needs of residents, guests and employees of the project will be met; or (b) Actual Needs. The actual needs of the project's residents, guests and employees will be less than those set by Article 4, Division 1, Qff-Street Parking and Loadinf! Standards. applicant may commit to provide specialized transportation services for these persons vans, subsidized bus passes, or similar services) as a means of complying with this The (such as standard. Neither parking requirements nor adequacy is directly affected by this proposed PUD amendment. [+] FINDING: Off-Street Parking and Loading. [Section5-240.F.3.e (4)] It HAS previously been found at the time that the Preliminary Plan for the PUD was approved that adequate, safe and convenient parking and loading was being provided. Off-street parking and loading requirements are to be determined during the site specific development review for each site. STANDARD: Landscaping. [Section 5-240.F.3.e (5)] -Landscaping provided in the PUD shall comply with the standards of Article 4, Division 2, Landscaving and Illumination Standards. Variations from these standards may be authorized where the applicant demonstrates that the proposed landscaping provides sufficient buffering of uses from each other (both within the PUD and between the PUD and surrounding uses) to minimize noise, glare and other adverse impacts, creates attractive streets capes and parking areas and is consistent with the character of the area. A Detailed Landscape Plan was approved as part of the Preliminary Plan for this PUD. Revisions to the Landscape Plan are neither proposed nor necessary for this PUD amendment. [+] FINDING: Landscaping. [Section 5-240.F.3.e (5)] It was previously determined that the landscaping provided in the PUD DOES comply with the standards of Article 4, Division 2, Landscaping and Illumination Standards. Revisions to the Landscape Plan ARE NOT required. :TANDARD: Signs. [Section 5-240.F.3.e (6)] - The sign standards applicable to the PUD shall be as specified in Article 4, Division 3, Sign Regulations. unless, as provided in Section 4-340 D., Signs Allowed in a Planned Unit 25 1/412005 Develovment (PUDJ, the applicant submits a comprehensive sign planfor the PUD that is determined to be suitableforthe PUD and provides the minimum sign area necessary to direct users to and within the PUD. Certain signs were approved as part of the Preliminary Plan lor this PUD. Revisions to the planned signage are neither proposed nor necessary for this PUD ,amendment. [+] FINDING: Signs. [Section 5-240.F.3.e(6)] It was previously determined that the signage provided in the PUD IS part of an approved comprehensive sign plan. Revisions to the comprehensive sign plan ARE NOT required. STAN1>ARD: Adequate Facilities. [Section 5-240.F.3.e (7)] - The applicant shall demonstrate that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. At the time the Preliminary Plan for the PUD was approved, it was determined that adequate facilities were to be provided. No additional facilities are required as a result of the proposed PUD amendment. [+] FINDING: Adequate Facilities. [Section 5-240.F.3.e (7)] It HAS previously been determined that adequate facilities were to be provided based on the Land Use Regulations in effect at the time of approval of the Preliminary Plan for the P~. The proposed PUD Amendment WILL NOT adversely affect the provision of adequate facilities for potable water supply, sewage disposal, solid waste disposal, and electrical supply, fire protection, l and roads; and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. STANDARD: Improvements. [Section 5-240.F.3.e (8)] - The improvements standards applicable to the development shall be as specified in Article 4, Division 6, Imvrovements Standards. Provided, however, the development may deviate from the County's road standards, so the development achieves greater efficiency of iJifrasttucture design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts, when the following minimum design principles are followed: (a) Safe, Efficient Access. The circulation system is designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. Access shall be by a public right-ol-way, private vehicular or pedestrian way or a commonly owned easement. No roadway alignment, either horizontal or vertical, shall be allowed that compromises one (1) or more of the minimum design standards of the American Association of State Highway Officials (AASHTO) for that functional classification of roadway. (b) Internal Pathways. Internal pathways shall be provided to form a logical, safe and convenient system for pedestrian access to dwelling units and common areas, with appropriate linkages off-site. (c) Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be granted for emergency vehicles and utility vehicles, as applicable, to use private roadways in the development for the purpose of providing emergency services and for installation, maintenance and repair of utilities. (d) Principal Access Points. Principal vehicular access points shall be designed to provide for smooth traffic flow, minimizing hazards to vehicular, pedestrian or bicycle traffic. Where a PUD abuts a major collector, arterial road or highway, direct access to such road or highway from individual lots, units or buildings shall not be permitted. Minor roads within the PUD shall not be directly connected with roads outside of the PUD, unless the County determines such connections are necessary to maintain the County's road network. (e) Snow Storage. Adequate areas shall be provided to store snow removedfrom the internal street network and from off-street parking areas. At the time the Preliminary Plan for the PUD was approved, it was determined that adequate improvements were to be made. No additional improvements are required.n 26 1/412005 [+] FINDING: Improvements. [Section 5-240.F.3.e (8)] It HAS previously been determined that adequate improvements were to be provided based on the Land Use Regulations in effect at the time of approval of the Preliminary Plan for the POO. The proposed POO Amendment WILL NOT adversely affect improvements regarding: safe, efficient access; internal pathways; principal access points; and snow storage. STANDARD: Compatibility with Surrounding Land Uses. [Section 5-240.F.3.e (9)] - The development proposed for the PUD shall be compatible with the character of surrounding land uses. The Preliminary Plan approved for the PUD was previously determined to be compatible with surrounding land uses. The proposed POO amendment will not adversely affect surrounding land uses outside of the POO. Within the POO, the side yard setback to be affected by the reduced side yard setback is on the west side of Parcel 1 adjacent to the recreation fields. No significant adverse impact is anticipated. [+] FINDING: Compatibility With Surrounding Land Uses. [Section 5-240.F.3.e (9)] The development approved for the POO HAS previously been determined to be compatible with the character of surrounding land uses. With the proposed amendment, the development WILL continue to be compatible with surrounding land uses. STANDARD: Consistency with Master Plan. [Section 5-240.F.3.e (10)] - The PUD shall be consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). ThePOO was previously determined to be consistent with the Master Plan including, but not limited to the Future Land Use Map (FLuM). The proposed POO Amendment is not sufficiently different in character or magnitude to alter conformance with either the Master Plan or the Future Land Use Map. [+] FINDING: Consistency with Master Plan. [Section 5-240.F.3.e (10)] It was previously determined that the POO IS consistent with the Master Plan, including, but not limited to, the Future Land Use Map (FLUM). The proposed POO Amendment WILL NOT adversely affect the consistency with the Master Plan. STANDARD: Phasing [Section 5-240.F.3.e (11)] - The Preliminary Plan for PUD shall include a phasing plan for the development. If development of the PUD is proposed to occur in phases, then guarantees shall be provided for public improvements and amenities that are necessary and desirable for residents of the project, or that are of benefit to the entire County. Such public improvements shall be constructed with the first phase of the project, or, if this is not possible, then as early in the project as is reasonable. A phasing plan waS previously approved for this POO. The proposed amendment will not affect the approved phasing plan. [+] FINDING: Phasing, Section 5-240.F.3.e (11) A phasing plan HAS been previously been approved for this POO Amendment. A revision to the phasing plan IS NOT necessary. STANDARD: Common Recreation and Open Space. [Section 5-240.F.3.e (12)] - The PUD shall comply with the following common recreation and open space standards. (a) Minimum Area. It is recommended that a minimum of 25% of the total PUD area shall be devoted to open air recreation or other usable open space, public or quasi-public. In addition, the PUD shall provide a minimum of ten (10) acres of common recreation and usable open space lands for every one thousand (1,000) persons who are residents of the PUD. In order to calculate the number of residents of the PUD, the number of proposed dwelling units shall be multiplied by two and sixty-three hundredths (2.63), which is the average number of persons that occupy each dwelling unit in Eagle County, as determined in the Eagle County Master Plan. i. Areas that Do Not Count as Open Space. Parking and loading areas, street right-of-ways, and areas with slopes greater than thirty (30) percent shall not count toward usable open space. 27 1/4/2005 ii. Areas that Count as Open Space. Water bodies, lands within critical wildlife habitat areas, riparian areas, and one hundred (100) year floodplains, as defined in these Land Use Regulations, that are preserved as open space shall count towards this minimum standard, even when they are not usable by or accessible to the residents of the PUD. All other open space lands shall be conveniently accessible from all occupied structures within the PUD. (b) Improvements Required. All common open space and recreational facilities shall be shown on the Preliminary Plan for PUD and shall be constructed and fully improved according to the development schedule established for each development phase of the PUD. . (c) Continuing Use and Maintenance. Allprivately owned common open space shall continue to conform to its intended use, as specified on the Preliminary Plan for PUD. To ensure that all the common open space identified in the PUD will be used as common open space, restrictions and/or covenants shall be placed in each deed to ensure their maintenance and to prohibit the division of any common open space. (d) Organization. If common open space is proposed to be maintained through an association or nonprofit corporation, such organization shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, and shall provide for the maintenance, administration and operation of such land and any other land within the PUD not publicly owned, and secure adequate liability insurance on the land. The association or nonprofit corporation shall be established prior to the sale of any lots or units within the PUD. Membership in the association or nonprofit corporation shall be mandatory for all landowners within the PUD. At the time the Preliminary Plan for the PUD was approved, it was determined that adequate common recreation and open space were to be provided. The proposed PUD Amendment will not have an adverse effect on the adequacy of the open space. [+] FINDING: Common Recreation and Open Space. [Section 5-240.F.3.e (12)] It has previously been determined that the development DOES comply with the common recreation and open space standards applicable at the time of approval of the Preliminary Plan for the PUD. The proposed PUD Amendment WILL NOT adversely affect common recreation and open space within the PUD with respect to (a) minimum area; (b) improvements required; (c) continuing use and maintenance; or (d) organization. STANDARD: Natural Resource Protection. [Section 5-240.F.3.e (13)]'- The PUD shall consider the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies as specified in Article 4, Division 4, Natural Resource Protection Standards. At the time the Preliminary Plan for the PUD was approved, it was determined that adequate protection of natural resources were to be provided. The proposed PUD amendment would not be detrimental to natural resources. [+] FINDING: Natural Resource Protection. [Section 5-240.F.3.e (13)] It HAS previously been determined that applicable analysis documents were adequately considered prior to approval of the Preliminary Plan for the PUD. The proposed PUD amendment WILL NOT adversely affect natural resources. Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for the review of a Sketch Plan for Subdivision: STANDARD: Consistent with Master Plan. [Section 5-280.B.3.e (1)] B The proposed subdivision shall be consistent with the Eagle County Master Plan and the FLUM of the Master Plan. See discussion above, Consistenc with Master Plan. Section 5-240.F.3.e (10 [+] FINDING: Consistent with Master Plan. [Section 5~280.B.3.e (1)] The PUD IS consistent with the Master Plan, including, but not limited to, the Future Land Use Ma (FLUM. The proposed PUD Amendment WILL NOT adverse1 affect the consistency with 28 1/4/2005 I the Master Plan. STANDARD: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] - The proposed subdivision shall ;omply 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 When the Preliminary Plan for the PUD was approved, findings were made to warrant the zone district change to PUD based on the applicable Land Use Regulations. The proposed PUD Amendment is consistent with the provisions of Article 3, Zone Districts, of the current Land Use Regulations. Article 4, Site Development Standards It was previously determined that the approved PUD satisfied all of the site development standards of Article 4 of the Land Use Regulations. The proposed PUD amendment will not adversely impact conformance with these standards. However, road impact fees may be payable pursuant to Section 4-710, Road Impact Fees. Other Standards in the Land Use Regulations Other Standards - It was previously determined that all other standards of the Land Use Regulations were to be met. The proposed PUD amendment will not adversely impact [+] FINDING: Consistent with Land Use Regulations. [Section 5-280.B.3.e (2)] It HAS previously been found that the development complied with the regulations, policies and guidelines of the Land Use Regulations applicable at the time of approval of the Preliminary Plan for the PUD. The amended PUD WILL continue to be consistent with the Land Use Regulations. STANDARD: SpatialPattern Shall Be Efficient. [Section 5-280.B.3.e (3)] - The proposed subdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. (a) 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. Proposed road extensions shall be consistent with the Eagle County Road Capital Improvements Plan. (b) Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (c) Coordinate Utility Extensions. Generally, utility extensions shall only be allowed when the entire range of necessary facilities can be provided, rather than incrementally extending a single service into an otherwise un-serVed area. When the Preliminary Plan for the PUD was approved, it was found that the development would have an efficient spatial pattern. The proposed PUD Amendment will not alter the spatial pattern in any way that causes inefficiencies in the delivery of public services, require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. [+] FINDING: Spatial Pattern Shall Be Efficient. [Section 5-280.B.3.e (3)] It HAS previously been found that the Preliminary Plan for the PUD satisfied the requirements of the Land Use Regulations in effect at the time with respect to efficient spatial patterns. The proposed PUD Amendment DOES NOT adversely affect the spatial patterns in the area. STANDARD: Suitability for Development. [Section 5-280.B.3.e (4)] - The property proposed to be subdivided hall be suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. 29 1/4/2005 When the Preliminary Plan for the PUD was approved, it was found that the area was suitable for development as approved. [+] FINDING: Suitability for Development. [Section 5-280.B.3.e (4)] It HAS previously been determined that the site was suitable for development. STANDARD: Compatible with Surrounding Uses. [Section 5-280.B.3.e (5)] - 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 Preliminary Plan approved for the PUD was previously determined to be compatible with surrounding land uses. The proposed PUD amendment will not adversely affect surrounding land uses outside of the PUD. Within the PUD, the side yard setback to be affected by the reduced side yard setback is on the west side of Parcel 1 adjacent to the recreation fields. No significant adverse impact is anticipated. [+] FINDING: Compatible With Surrounding Uses. [Section 5-280.B.3.e (5)] It HAS previously heen determined that the development is -compatible with other development in the area. The proposed PUD Amendment WILL NOT adversely affect the compatibility of the development with surrounding uses. ADDITIONAL FINDINGS: Pursuant to Eagle County Land Use Regulations [Section 5-240.F.2.a.(8) Initiation]: "Applicant shall submit the following: "Proposed PUD guicle settingforth the proposed land use restrictions. " A PUD Guide was previously approved for this PUD. A draft PUD Guide reflecting the revised dimensional limitations on page 7 has been provided. [+] FINDING: Initiation [Section 5-240.F.2.a.(8)] A PUD Guide WAS previously approved for this PUD; A draft PUD Guide reflecting the revised dimensional limitations HAS been provided. Pursuant to Eagle County Land Use Regulations Section 5-240.F. 3.m., Amendment to Preliminarv Plan for PUD: STANDARD: Amendment to Preliminary Plan for PUD [Section 5-240.F.3.m.] - No substantial modification, removal, or release of the provisions of the plan shall be permitted eXcept upon a finding by the County. . . that (1) the modification, removal, or release is consistent with the efficient development and preservation of the entire Planned Unit Development, (2) does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned unit development or thepublic interest, and (3) is not granted solely to confer a special benefit upon any person. The revised dimensional limitations are consistent with the efficient development of the PUD, and will not adversely affect either the enjoyment of other land in the vicinity or the public interest. Further, the revised dimensional1imitations will allow the contemplated child care facility / community center on Parcel 1 to be designed to better meet the needs of the community. [+] FINDING: Amendment to Preliminary Plan for PUD [Section 5-240.F.3.m.] The proposed PUD Amendment (1) IS consistent with the efficient development and preservation of the entire Planned Unit Development, and (2) DOES NOT affect in a substantially adverse manner either the enjoyment ofland abutting upon or across a street from the planned unit development or the public interest, and (3) IS NOT granted solely to confer a special benefit upon any person. 30 1/4/2005 5. PR-00028 Berry Creek Miller Ranch pun Joe Forinash, Community Development ACTION: Approval ofa site specific review for a Child Care Facility/Community Center on Parcell, Tract D (Miller Ranch Housing). LOCATION: Berry Creek Miller Ranch PUD - South of 1-70; east of Edwards 1-70 Spur Road; generally north of Union Pacific RR right of way TITLE: FILE NO./PROCESS: LOCATION: Miller Ranch Child Care and Community Center PR-00028 / Planning Review Parcell, Tract D, Berry Creek Miller Rartch PUD Miller Ranch Housing Development); located generally south of Interstate 70; east of the 1-70 Edwards Spur Road; Eagle County Eagle County Doug DeChant, Ryan Wolffe (Shepherd Resources, Inc.) OWNER: APPLICANT: REPRESENTATIVE: STAFF RECOMMENDATION: Approval PLANNING COMMISSION RECOMMENDATION: Approval with condition (6-0) PLANNING COMMISSION DELIBERATION: . Proposed tree near east access to the site and potential impact on visibility for vehicles exiting the site by that access. . Adequacy of parking for the proposed uses. . Whether the proposed building is accessible and ADA-compliant. ~ROJECT DESCRIPTION SUMMARY: Development of a community facility on the northwest comer of the Miller Ranch housing tract which will include a 6,900 square foot child care facility on the main level to serve 80 children and 4,500 square feet of community meeting space and offices on the upper level. Associated with the building will be play areas required for the child care facility, 37 parking spaces, and sidewalks for internal circulation and providing safe pedestrian access from off-site. A companion file (No. PDA-00058) would reduce the west side yard setback from 20 feet to 15 feet to accommodate the location of the building on the site. The site plan provided with this application (pR-00028) differs somewhat from the preliminary (draft) site plan provided with the PUD amendment application materials, primarily with respect to the perpendicular orientation of the parking spaces south of the building. CHRONOLOGY: 2000 - PUD Sketch Plan for Berry Creek / Miller Ranch approved. 2002 - Combined PUD Sketch /Preliminary Plan for Berry Creek / Miller Ranch approved. 2002 - Final plat for the Berry Creek / Miller Ranch PUD approved. 2002 - Site specific development plan approved for Miller Ranch. 2002 - Final plat for Miller Ranch Filing 1 approved. 2003 - Final plat for Miller Ranch Filing 2 approved. 2004 - Amended final plat for Miller Ranch Filing 2 approved. SITE DATA: lurrounding Land Uses / Zoning: East: Miller Ranch housing (Mill Loft) / PUD West: Berry Creek Recreation Tract / PUD 31 1/4/2005 North: Miller Ranch Road; School Site; 1-70 I PUD South: Miller Ranch housing (single family, duplex, townhomes) I POO Existing Zoning: PUD Total Area: 0.920 acres Access: Mill Loft STAFF REPORT REFERRAL RESPONSES: Eagle County Engineering Department . Additional technical information is requested, including that related to drainage, curve data, and certain improvements. . It is requested that the separation of the east entrance from the intersection be increased to 20 feet pursuant to the requirements of the Land Use Regulations. . It is suggested that certain of the on-site parking spaces be converted to compact spaces to increase maneuverability entering and within the parking lot. Additional Referral Agencies: Eagle County Attorney, Eagle County School District (RE50J); Miller Ranch HOA. DISCUSSION: Approval of the proposed revisions to the improvements to the Miller Ranch Housing Tract may occur after consideration by the Planning Commission and the Board that the resulting development is consistent with the PUD Guide, the POO Preliminary Plan, the Master Circulation Plan, and the Master Drainage Plan for the POO. Consistency with the PUD Guide When the POO Preliminary Plan for the Berry Creek Miller Ranch POO was approved in 2002, it established large development tracts for future development activities that had yet not been designed or detailed. In addition, the Preliminary Plan provided for the development of Miller Ranch Road and conceptually showed where access was to occur from the individual tracts. Since building designs, landscaping, and parking areas had not yet been developed for the imfividual tracts, the PUD Guide established a review process - the site specific development review - by which development applications on individual tracts is to be reviewed to ensure that development occurring on each of the tracts is consistent with the vision of the overall PUD and Preliminary Plan. Further, the PUD Guide provides that design guidelines for the Berry Creek Miller Ranch POO would be established to encourage a 'harmony in the architecture and landscape design throughout the PUD. As provided in the POO Guide, a Design Review Committee was established (consisting of appointees of Eagle County, the Eagle County School District) which in turn developed and adopted a comprehensive set of design guidelines which address site planning, landscape design and architectural considerations. Review by the Design Review Committee parallels and is in addition to review and/or approvals by the Planning Commission and the Board of County Commissioners. In addition, the PUD Guide defines the permitted uses and development standards for the Berry Creek Miller Ranch PUD, and defines the permitted uses ofland, densities, building height and bulk, and other development standards and regulations. The Guide is intended to ensure that the site is attractive and desirable, and provides adequate light, air and access for emergency vehicles. Nonetheless, the PUD Guide does specify that certain features ofthe development of certain of the tracts (including Tract D - Miller Ranch) are to be considered within the context of a site specific development plan. The improvements which are approved pursuant to the site specific development plan review constitute part of what is essentially the Preliminary Plan level review and approval for the respective tract. 32 1/412005 The POO Guide provides that number and design of on-site parking shall be established during the site specific review. A total of37 spaces have been provided which satisfies this requirement. A parking analysis accompanies this Staff Report. However, the County Engineer has suggested that certain of the parking spaces be converted to compact car spaces, as permitted by the Land Use Regulations, to provide increased maneuverability entering and vithin the parking lot. Planning Staff agrees with the suggestion but is not providing a recommended condition of approval. The Planning Commission and the Board may want to discuss this matter with the Applicant. A companion file is a POO amendment (File No. PDA-00058) which reduces the side yard setback on the west side of the lOt from 20 feet to 15 feet to acconnnodate the location of the building on this site. Contingent upon the PUD amendment being approved, the proposed development is consistent with the POO Guide. [+] FINDING: Consistency with the PUD Guide [POO Guide, Section B.3.] The development occurring on this Tract IS consistent with the POO Guide. Consistency with the PUD Preliminary Plan The PUD Preliminary Plan contemplates a community facility, including a child care center, within the Miller Ranch housing development. [+] FINDING: Consistency with the PUD Preliminary Plan [POO Guide, Section B.3.] The development occurring on this Tract IS consistent with the POO Preliminary Plan. Consistency with the Master Circulation Plan The proposed Child Care / Community Center facility is consistent with the level of development contemplated in the traffic study for the approved PUD Preliminary Plan. However, as shown on the site plan, the separation ofthe ast entrance from the nearby intersection, exclusive of the return radii, is 15.1 feet. Any separation less than 20.0 feet would require a variance from improvement standards. Traffic movements required with a separation of less than 20.0 feet are such that a variance from improvement standards may not be justified. As a condition of approval, the separation of the east entrance from the nearby intersection, exclusive of return radii, should be increase to no less than 20.0 feet. Otherwise, the proposed development is consistent with the Master Circulation Plan for the POO. [+] FINDING: Consistency with the Master Circulation Plan [POO Guide, Section B.3.] The development occurring on this Tract IS consistent with the Master Circulation Plan. Consistency With the Master Drainage Plan The drainage information provided with the application is not sufficient to fully determine consistency with the Master Drainage Plan for the POO as a whole. Additional draiI).age information is required. As a condition of approval, prior to issuance of the initial grading permit or building permit, the Applicant should provide complete engineering and construction drawings and other engineering detail which are satisfactory to the County Engineer. [+] FINDING: Consistency with the Master Drainage Plan [POO Guide, Section B.3.] With the reconnnended condition, the development occurring on this Tract MAY BE found to be consistent with the Master Drainage Plan. Joe Forinash of Community Development presented two files, PDA-58 and PR-28, simultaneously for the loard's consideration. He gave a PowerPoint presentation giving a background ofthe files and showing various photographs. He stated that the applicant is seeking a POO amendment to reduce the setback from 20 feet to 15 feet to accommodate the building of a child care facility. The applicant is also seeking approval of the site specific 33 1/4/2005 development review for the child care facility. He stated that findings are positive for both files, and approval for both files is recommended with some conditions. Commissioner Gallagher asked if there was a berm between the playing areas and the housing units. Mr. Forinash replied that it waS located off-site and would not be impacted by th~ setbacks. Doug DeChant representing the applicant was present to answer the Board's questions and stated that he I agreed with Mr. Forinash's presentation. He stated that the setback amendment would create more openness. He believes the uses of the day care and community center will be segregated, with the community center uses primarily occurring in the evening, after the day care has closed. Chairman Stone opened and closed Public Comment, as there was none. Commissioner Gallagher asked if making the entrances one way in and one way out would help to reduce some traffic congestion, especially when parents are dropping off/picking up their children. Peter Sulmeisters of Enginee\,ing stated that one way entrances would hamper the maneuverability of the vehicles wanting to leave from other areas of the parking lot. Mr. DeChant stated that the two way entrances actually benefit the drop off and pick up of children. They actually have provided more parking spaces than is required. Chairman Stone asked what the status was of the project's landscaping, as it is a requirement for approval. . Mr..DeChant stated they are no further along withthe landscape plan than when they first received approval. He was agreeable to adding a landscaping condition as a condition for approval. Mr. Forinash gave options for the Board to pursue. Chairman Stone stated that he was in favor of having landscaping meet the Land Use Regulations and have the final design meet the approval of the Community Development Director. Mr. Ingstad pointed out that the parking is not designed for dayuse of the Community Center, but for evening use, after the Child Care Facility closed. He did not think that this needed to be a condition for approval, as the County controls use of the building and could write that language into any lease that is signed. Commissioner Menconi asked if County control over parking should be part of the PUD. Mr. Forinash stated that it could be done, even though the County already has power over that. Chairman Stone did not think it would be necessary as all proceedings and statements from this meeting are part of the official record and conditions of approval. Commissioner Menconi stated that he was trying to prevent any potential problems with future Homeowners' Associations. Commissioner Gallagher concurred with Commissioner Menconi's statements. Chaiiman Stone asked that the parking be addressed in the lease as a condition of approval of the PR -28 File. He then stated that all findings were positive for PDA-0058 and the other commissioners agreed. Commissioner Gallagher moved to approve File No. PDA-00058, incorporating staff findings and with the following condition: 1. Except as otherwise modified by these conditions, all material representations of the Applicant in this application and all public meetings shall be adhered to and be considered conditions of approval. Commissioner Menconi seconded the motion. The vote Was declared unanimous. Chairman Stone stated that all findings were positive and in compliance, and the other commissioners concurred with his statements. Commissioner Menconi moved to approve File No. PR-00028, incorporating the staff findings, and with the following conditions: 1. The separation of the east entrance from the nearby intersection, exclusive of return radii, shall be increased to no less than 20.0 feet. 2. Prior to issuance of the initial grading permit or building permit, the Applicant shall provide complete engineering and construction drawings and other engineering details which are satisfactory to the County Engineer. 34 1/412005. 3. Except as otherwise modified by these eonditions, all material representations of the Applicant in this application and in all public meetings shall be adhered to and considered conditions of approval. The daytime use of the Community Center and any other outside use will be addressed in the lease between the County and lessee. 5. Before the issuance of initial Building Permit or Grading Permit, the Applicant shall receive approval from the Director of Community Development of a final landscaping plan consistent with Eagle County Land Use Regulations. Commissioner Gallagher seconded the motion. The vote was declared unanimous. 6. LUR-0051 - Amendment to the Floodplain Regulation Justin Hildreth, Engineering Department ACTION: To amend the Land Use Regulations to adopt new floodplain maps, move the floodplain regulations from Chapter 6 to Chapter 2 and make minor changes to the grading drainage regulations. TITLE: FILE NO./PROCESS: LOCATION: APPLICANT: REPRESENTATIVE: Eagle County Land Use Regulations Amendments (ECLUR) LUR-0051; Amendment to the ECLUR Unincorporated Eagle County Eagle County Staff STAFF RECOMMENDATION: Approval ~AGLE COUNTYPLANNINGCOMMISSIONEN RECOMMENDATION: Approval (7-0) ROARING FORK VALLEY PLANNING COMMISSION RECOMMENDATION: Approval (5-0) PROJECT DESCRIPTION BACKGROUND: The Eagle County Engineering Department is submitting an Eagle County Land Use Regulation (ECLUR) amendment that proposes to make three distinct changes to the ECLURs. The first is to adopt new floodplain maps of the Colorado River, Eagle River and Roaring Fork River. The second is to amend the floodplain regulations and relocate them to Chapter II, Article 3 "Zone Districts". The third is to clarify several elements of the drainage and grading regulations. Eagle County is a participating community in the National Flood Insurance Program (NFIP) managed by the Federal Emergency Management Agency (FEMA). The NFIP was created in1968 to provide flood insurance when private insurance companies stopped their coverage of flood damages. In order to participate in the NFIP, the local cOIl1Il1unity agrees to: . Adopt and enforce a flood prevention ordinance . Require permits for all development in the floodplain . Assure that building sites are reasonably safe from flooding . Conduct field inspections and cite violations . Require elevation certificates to document compliance . Require new or improved homes to be elevated above the Base Flood Elevation . Carefully consider requests for variances . Advise FEMA when updates to flood maps are needed 35 1/4/2005 In addition to participating in the NFIP, Eagle County regulates the floodplain for these reasons: l. Protection of people and property. If it is known that an area will flood from time to time, it is reasonable to make decisions to help protect our families and businesses. 2. Disaster assistance. In order for Eagle County to obtain federally backed disaster assistance funds, it mus adopt a flood protection ordinance and participate in the NFIP. 3. Preservation of the river ecosystem. Development in the floodplain impacts the river environment and decreases the flood carrying capacity of the river. 4. Responsible development. It makes sense to take reasonable protective steps when development occurs to prevent future burdens on the community. 5. Reduce future flood losses. Flood development regulations are designed to protect the Citizens of Eagle County from. future flood losses. These regulations will prevent flood conditions from deteriorating as more development takes place. The Eagle County Engineering Department is proposing this file in order to keep the floodplain regulations and the floodplain maps current and up to date. Following is a summary of the specific proposals included in the ECLUR amendment. FLOODPLAIN MAPS UPDATE The existing floodplain maps along the Eagle River, Colorado River and Roaring Fork River are over 20 years old and do not represent the rapid development experienced by Eagle County over that time. Also, the maps were prepared based on approximate methods and not on detailed engineering analysis. FEMA used approximate flood zones in rural areas and where ayailable information was lacking. Sources for approximate flood zones include U.S. Army Corps of Engineers, U.S. Geological Survey, state and local officials, and other historic records. The new maps are based on detailed engineering analysis and the Eagle County GIS maps. Over the last several years, Eagle County has partnered with the Colorado Water Conservation Board and the town. toremap the floodplains of the Colorado River from the Garfield County line to the confluence with the Eagle River, the Eagle River from the confluence with the Colorado River to Dowd Junction, and the Roaring Fork River in Eagle County. Eagle County will use these maps to assist in analyzing land use proposals and issuing permits. Also, these maps have been submitted to FEMA to replace the maps used in the National Flood Insurance Program. An example of the 1983 maps is attached as Figure 1 followed by a map that is proposed to replace it as Figure 2. REVISION OF THE FLOODPLAIN REGULATIONS The second goalofthe proposed ECLUR change is to move the floodplain regulations from Chapter VI, "Matters of State Interest" to Chapter II, Article 3, and "Zone Districts" and to modify the regulations accordingly. This moves the floodplain regulations to a more appropriate place in the ECLUR, since they involve setbacks and building restrictions. The Designated Floodplain Districts outlined in Chapter VI will now be considered a Floodplain Overlay Zone District. The existing Floodplain Regulations in Chapter VI are difficult to interpret, while the proposed changes are clearer and easier to enforce. GRADING AND DRAINAGE REGULATION CHANGES In the third proposed change, there are several minor modifications to the drainage and grading regulations. The proposed grading regulation will clarify some inconsistencies between the 1997 edition of the Universal Building Code and the 2003 edition of the International Building Code. In addition, new wording is proposed for the detention section of the drainage regulations to clarify them. SUMMARY The proposed modifications involve the following sections of the ECLURs: . Chapter II, Article 2 "Definitions" 36 1/4/2005 . Chapter II, Article 3 "Zone Districts" . Chapter II, Article 4 "Site Development Standards" . Chapter III, "Building Resolution" . Chapter VI, "Matters of State Interest" Following is a summary of the proposed amendments to each Chapter and Article of the ECLURs. Chapter II, Article 2 "Definitions" The proposed amendment is to move 31 definitions from the Floodplain Regulations located in Section 6.06 to this Article. Also, three definitions were modified to ensure. they meet the intent of the NFIP requirements. The three definitions that are proposed to be modified are for "development," "development permit," and "recreational vehicle." Chapter II, Article 3 "Zone Districts." The proposed amendment will impact t)J.is Article the most. A new zone district is proposed, the Floodplain Overlay (Fa) zone district. This will replace the Floodplain Hazard Districts that are in Chapter VI, "Matters of State Interest". The end result of this proposal is the properties that are in the 100-year floodplain will be in two zone districts, the Fa zone district and the underlying zone district. In the case of overlapping or conflicting requirements, the most restrictive requirement will apply to any development proposal. Chapter II, Article 4 "Site Development Standards." The proposed changes are in Section 4-650 B. "Drainage Standards" and Section 4-660 A.3. "Excavation and Grading Standards". The changes in Section 4~650 B. are meant to clarify what the stormwater detention and water quality requirements are for a proposed.development. The intent of the change is not to increase or decrease the detention and water quality requirements for a proposed development. .Iso, on January 1,2004, the 2003 edition of the International Building Code (IBC) was adopted and replaced the 1997 Uniform Building Code (UBC). This change was not incorporated in the Excavation and Grading Standards of the ECLURs. This proposal is to replace the grading requirements in Chapter 33 of the UBC with the requirements in Appendix J of the IBe. Chapter ill, "Building Resolution" The proposed changes are in the form of Amendments to Appendix J of the IBC. The intent is to include several grading requirements found in the UBC that are not a part of Appendix J of the IBC. These requirements include: 1. Requiring grading permits for material generated from a permitted excavation that will either be placed as structural fill or placed greater than five feet in height. 2. Designating the Eagle County Engineer instead of the Chief Building Official as the person to determine if a grading proposal needs to be engineered. 3. Allowing the Eagle County Engineer to require bonds or another form of collateral to ensure that the work is completed in accordance with the approved plans and specifications 4. Imposing an investigation fee, equal to four times the permit fee, when work commences prior to the issuance of permit Chapter VI, "Matters of State Interest" The proposed changes in this Chapter entail deleting the Floodplain Regulations section. No changes are proposed for the other Sections of Chapter VI. :TAFF REPORT REFERRAL RESPONSES 37 1/4/2005 The proposed amendment package was referred for review and comment to the following agencies: County Surveyor County Attorney's Office County Department of Environmental Health Board of County Commissioners Colorado Department of Local Affairs Colorado Department of Transportation Colorado Water Conservation Board Federal Emergency Management Agency Eagle County School District Eagle River Water and Sanitation District Eagle County Planning Commission Roaring Fork Valley Regional Planning Commission Robertson and Marchetti, Metro Districts Representative Northwest Colorado Council of Governments Alpine Engineering Benchmark Engineering Fox and Company High Country Engineering Inter-Mountain Engineering, Ltd. Johnson Kunkel &, Associates Knight Planning Services The Land Studio Starbuck Surveying Py1man& Associates Peak Land Consultants White Surveying Sopris Engineering PJA Land Planning Marcin Engineering LKP Engineering Braun Associates Isom and Associates Eagle Valley Surveying Lines in Space Town of Avon ToWn of Basalt Town of Eagle Town of Gypsum Town of Minturn Town of Red Cliff Town of Vail Pitkin County Garfield County In addition, 1,448 notices were sent out to the owners of property in the Colorado River, Eagle River and Roaring Fork floodplains. Numerous phone calls were made to the Engineering Department regarding the proposed changes and the Engineering Department mailed out maps to 12 respective property owners. The following responses were received from the referrals and from the property owner notice: Town of Basalt: The Town offered a letter of support of the proposal. 38 1/412005 Inter-Mountain Engineering: ltd. The letter was submitted on behalf of Wintergreen Homes, who owns two vacant lots off of North Brett Trail that are zoned for duplexes. In 1999, the developer of Brett Ranch retained Wright Water Engineers to obtain a letter of map amendment (LOMA) removing a portion of the Brett Ranch development from the floodplain. LOMAs are issued by FEMA and remove property from the floodplain if the original FEMA floodplain nap is not accurate. The new mapping indicates that these two lots are in the floodplain on the plan view. Interpretations as to the exact location of the boundaries for the floodplain are made by referring to the engineering study upon which the maps and elevations are based. The base flood elevations, as shown on the flood profiles and in the floodway tables of the engineering study, are the governing factor in determining the accurate boundaries. The property can submit an elevation survey of the property that demonstrates the property is above the base flood elevation to justify the removal of the property from the floodplain. Alpine Engineering, Inc. Glen Palmer of Alpine Engineering submitted a memorandum regarding the proposed . addendums to the grading portion of the building resolution. Mr. Palmer's first concern is Addendum Y. Appendix J Section 11 03 .2.2 Exemptions, which currently reads: "Section 1103.2.2 Exemptions is amended by revision 1103.2.2 to read as follows: An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1524 nun) after the completion of such structure." The Eagle County Engineering Department obtained the wording from the 1998 UBC building code. Mr. Palmer proposes that amendment be revised to: "Y, Appendix J Section 1103.2 Exceptions. Section 1103.2.2 Exemptions is amended by revising 1103.2.2 to read as follows: This shall not exempt -any fill made with the material from such excavation if it is. not part of the plans ubmitted for the building permit." Mr. Palmer's concern is that we would be requiring two permits for the same grading activity and that it is only necessary to require a grading permit for material generated by an excavation if the placement of the fill is not covered by the site plan submitted as part of the building permit. Staff agrees to the proposed rewording of the addendum to the grading regulations. The second proposal from Mr. Palmer is to add a completeness requirement for grading permits and mandating a turnaround time for the issuance of comments by the engineering department. It is difficult to have a mandatory turn around time because of staffing levels and the varying complexity of grading permits. Grading permits can range from a berm with minimal engineering involved to road and roundabouts which have significant review required and may have to have a Public Improvements Agreement. Generally, the Engineering Department attempts to turn grading permits around in less than three weeks. The third proposal from Mr. Palmer is in reference to Amendment AC, which will allow the Eagle County Engineer to require bonds when deemed necessary to complete the work. Mr. Palmer's proposal is if collateral or bonding is required by a Design Review Board or other entity, than no collateral should be required by Eagle County. The problem with this proposal is that Eagle County has no control over the management of the collateral or the inspections done by Design Review Boards. The Eagle County Engineering Department does not recommend that this proposal be adopted and included in the Land Use Regulations. The referral response and letter are attached. DISCUSSION AND FINDINGS: 39 1/412005 1. Pursuant to Chapter 1, Section 1.15.04 Referrals of the Eagle County Land Use Regulations: the proposed amendments HAVE been referred to the appropriate agencies, including the applicable towns within Eagle County, and to the Colorado Division of Local Affairs. 2. Pursuant to Chapter 1, Section 1.15.05 Public Notice of the Eagle County Land Use Regulations: Publi notice HAS been given. 3. Pursuant to Chapter 2, Section 5-230.B.2 Text Amendment of the Eagle County Land Use Regulations: (a) The proposed amendments amend the text ofthe Eagle County Land Use Regulations, and amend the Official Zone District Map. (b) Precise wording of the proposed changes HAS been provided. 4. Pursuant to Chapter 2, Section 5-230.D Standards of the Eagle County Land Use Regulations as applicable: (a) The proposed amendments ARE consistent with the purposes, goals, policies, and Future Land Use Map of the Eagle County Master Plan. (b) The proposed amendments DO address a demonstrated community need. (c) The proposed amendments ARE in the public interest. PLANNING. COMMISSION RECOMMENDATIONS: The proposed changes were reviewed by the Eagle County Planning Commission (ECPC)on December 1,2004. The ECPC had numerous questions regarding the proposed changes, and one substantive alteration was made. The proposed alteration is to the grading requirements of the International Building Code (IDC). Amendment AC, Appendix J, Section JI12 Bonds, is proposed to be modified to state that "The Eagle County Engineer may require collateral in a form acceptable to Eagle County in such amounts as may be deemed necessary to ensure that the work, if not completed. in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions." The proposed change removes the reference to surety bonds, which are more difficult than other forms of collateral for Eagle County to draw upon. The proposed changes were reviewed by the Roaring Fork Valley Planning Commission (RFVPC) on December 2, 2004. The RFVPC recommended approval of the proposed changes with the inclusion of the alteration proposed by the ECPC. / Justin Hildreth of Engineering presented this file, which establishes new floodplain maps and changes some of the floodplain regulations. He gave a PowerPoint presentation outlining the proposal, giving a background of the file, and showing what the improvements would be. He stated that the proposed changes in the floodplain regulations would make them easier to follow and enforce. Chairman Stone opened and closed Public Comment as there was none. He commended Mr. Hildreth on the work he had done with this proposal and then asked what the expected duration of these changes would be. Mr. Hildreth stated that these changes should be valid for 10-20 years for the Eagle and Colorado Rivers. He stated that the Roaring Fork River is difficult to guess, due to the instability of the river and the construction on the various highways. Commissioner Menconi referenced a letter from Inter-Mountain stating how some of its approved buildings would be impacted by these new guidelines and asked how these concerns have been addressed. Mr. Hildreth stated that elevation controls the floodplain. He stated that if Inter-Mountain filled in that portion of property above the base-flood elevation, as they stated they had, then they are not in the floodplain. He stated that they would have to demonstrate that they are above the floodplain when they apply for building permits, or they could move the units to other places on their property. Commissioner Menconi asked how the concerns Glen Palmer wrote about in a letter were being addressed. Mr. Hildreth stated that staff did not agree with Mr. Palmer's first concern, and gave his reasons why. He stated that the second concern listed would be hard to enforce, as all grading permits are different. Mr. Hildreth stated that they have no control over the third concern, so they could not address it. Commissioner Gallagher encouraged the Board to authorize a further study of the other rivers and tributaries in Eagle County, also. Chairman Stone believes that study would be subject to developmentpatterns occurring in those areas. 40 1/412005 Commissioner Gallagher believes that doing this in advance would send a signal to future developers. Commissioner Menconi moved to approve File LUR-0051, incorporating all Staff findings and the ollowing recommendation of the Eagle County Planning Commission and the Roaring Fork Valley Regional 'lanning Commission: 1. The recommended change to Amendment AC, Appendix J, Section JI12 Bonds be modified to read as follows: "Section JI12 is amended as follows: The Eagle County Engineer may require collateral in a form acceptable to Eagle County in such amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions," 2. The recommended change to Amendment Y, Appendix J, Section JI03.2.2 be modified to read as follows: "Section JI03.3. Exemptions is amended by revising JI03.2.2 to read as follows: An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation if it is not pa.rt of the plans submitted for the building permit." Commissioner Gallagher seconded the mption. The vote was declared unanimous. e meeting was adjourned until January 11, 41 1/4/2005