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HomeMy WebLinkAboutMinutes 03/14/06 PUBLIC HEARING March 14, 2006 resent: Peter Runyon Tom Stone Am Menconi Bruce Baumgartner Bryan Treu Walter Mathews Kathy Scriver Chairman Commissioner Commissioner County Administrator County Attorney Deputy County Attorney Deputy Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: GENERAL FUND 3CMA SERVICE 419.00 3T SYSTEMS SERVICE 4,137.00 41MPRINT SERVICE 1,282.00 A I COLLECTION AGENCY REFUND 18.32 ABBOTT LABORATORIES SERVICE 202.70 ACCA SERVICE 90.00 ADAM PALMER REIMBURSEMENT 53.54 ADAMS MARK HOTEL DENVER SERVICE 296.00 AIR COMPRESSOR SERVICE SUPPLIES 219.56 ALEXANDER CLARK GRAPHICS SERVICE 520.97 ALL PHASE ELECTRIC SUPPLY SUPPLIES 22.10 ALL-PRO FORMS INC SUPPLIES 371.78 ALPINE LUMBER COMPANY SUPPLIES 342.86 AMERICAN PLANNING ASSOC SERVICE 281.00 AMERIGAS SERVICE 3,735. I 6 AMICH AND JENKS INCORPORA SERVICE 180.00 ANDERSON & KEIL REFUND 35.10 ANDREA VESQUE REIMBURSEMENT 90.00 ANN MUNCASTER REIMBURSEMENT 14.40 APEX II SERVICE 1,980.00 APS SERVICE 98.58 ARAPAHOE AERO SERVICE 650.00 ARN MENCONI REIMBURSEMENT 85.00 ARTWORKS, THE SERVICE 350.00 ASPEN BOARD OF REALTORS SERVICE 6.83 ASSET V ALUA nON ADVISORS SERVICE 3,000.00 A V TECH ELECTRONICS INC SERVICE 1,029.76 AVON CENTER AT BEAVER CK SERVICE 2,071.41 AVON COMMERCIAL OWNERS SERVICE 4,310.72 B J ROWE REIMBURSEMENT 53.46 BAILEYS SERVICE 390.50 BALCOMB AND GREEN SERVICE 1,559.59 BARBARA PETERSON REIMBURSEMENT 29.66 BARCO PRODUCTS SERVICE 137.50 BATTLE MOUNTAIN HS SERVICE 1,000.00 BEN GALLOWAY MD SERVICE 2,370.00 ~ENJAMIN GARRETT REIMBURSEMENT 116.26 BERGLUND RUTH REIMBURSEMENT 38.00 1 3/14/06 BERTHOD MOTORS BETHANY VAN WYK BILL GARDNER BOB BARKER COMPANY BOYD COFFEE COMPANY BRENT KOHLS BRIANNA SHOULDERS BRUCE BAUMGARTNER BULLS TROPHY HOUSE CAPITAL BUSINESS SYSTEMS CAREERTRACK CARMEN LOZOYO-VELEZ CASTLE PEAK VETERINARY CENTRAL BAG AND BURLAP CO CENTRAL DISTRIBUTING CENTURYTEL CENTURYTELOFEAGLE CHARM TEX CHEMA TOX INC. CHERYL CRANE CHUCK YOUNG CINDY SOUPL Y CINGULAR WIRELESS CLERK OF SUPERIOR COURT CLERK OF THE GARFIELD CLERK RECORDER AVON ANNEX CLIFF SIMONTON CLIFFORD D ZINDA CO ASSESSORS ASSOCIATION CO ASSOC FAIRS & SHOWS CO BAR ASSOCIATION CO DEPT AGRICULTURE CO DEPT PUBLIC HEALTH & CO DEPT PUBLIC HEALTH AND CO SECRETARY OF STATE COLLETTS COLORADO BIG COUNTRY RC&D COLORADO CHAPTER OF ICC COLORADO CORRECTIONAL COLORADO DEPT REVENUE COLORADO FASTENERS COLORADO MOUNTAIN NEWS COLORADO PROFESSIONALS IN COLORADO PROFESSIONALS IN COLORADO STATE 4 H OFFICE COLORADO STATE UNIVERSITY COLORADO WEST MENTAL HLTH COLUMBINE MARKET CONSERVE A WATT LIGHTING CONTRACT PHARMACY SERVICE COpy COpy COpy PLUS CORPORATE EXPRESS SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SUPPLIES SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SUPPLIES SUPPLIES SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SUPPLIES 1,446.86 31.52 3,293.87 278.34 949.01 35.60 242.25 398.00 40.64 2,952.00 258.00 160.38 237.78 824.19 1,127.19 3,299.10 2,754.27 397.86 330.00 43.85 400.00 79.35 573.38 181.50 150.00 88.33 437.70 81.90 60.00 50.00 125.00 300.00 60.00 69.25 10.00 258.65 100.00 30.00 3,343.50 150.00 10.98 5,471.29 190.00 181.25 16,182.06 1,166.40 191.36 831.56 2,436.90 2,717.00 1,06I.IO 6,008.98 2 3/14/06 CORPORATE EXPRESS IMAGING COVA COWBOY CATERING D & D TOWING AUTO REPAIR DAN CORCORAN PLS DECATUR ELECTRONICS DEEP ROCK WATER CO DENVER NEWSPAPER AGENCY DIANNA L FAHRMEYER DON OLSEN DOSIA LAEYENDECKER DOUBLETREE HOTEL DOUG RUSSELL DREO MANAGEMENT DRIVERS LICENSE GUIDE CO EAGLE COMPUTER SYSTEMS EAGLE COUNTY CLERK EAGLE COUNTY MOTOR POOL EAGLE EMBROIDERY INC EAGLE PHARMACY EAGLE VALLEY MEDICAL EAGLE V ALLEY PRINTING EARL GLENWRIGHT EASTERN TECHNICAL ASSOC. EDWARDS BUILDING CENTER EMC2 EMPLOYERS COUNCIL SERVICE EVERETT FAMILY FUNERAL FALCON ASSOCIATES INC FAMILY SUPPORT REGISTRY FARNUM HOLT FUNERAL HOME FARRELL & SELDIN FEDERAL EXPRESS FERGUSON ENTERPRISES INC FIDLAR COMPANIES FINANCIAL EQUIPMENT COMP A FLORIDA MICRO FRANCES P FRAIN FRANKLIN COVEY FRED PRYOR SEMINARS FREEMAN FREEMAN PC FSH COMMUNICATIONS LLC GALLS INCORPORATED GENERAL REVENUE CORP. GEORGIE C ZINDA GERARD CASTELLI GLADYS PETIT GLENDA WENTWORTH GLOBALSTAR USA GORE RANGE ELECTRIC GOVCONNECTION, INC GRACE FINNEY GRAINGER INCORPORATED SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT REIMBURSEMENT SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE REFUND SERVICE SUPPLIES SERVICE SERVICE SERVICE REFUND SERVICE SERVICE REFUND SERVICE SERVICE SERVICE REFUND SERVICE SERVICE REIMBURSEMENT SERVICE REFUND SERVICE REIMBURSEMENT SERVICE 531.03 150.00 2,809.00 309.00 900.00 3,817.00 155.33 6,246.00 46.80 8.83 81.00 248.00 10.21 6,978.70 56.50 8,238.00 150.00 11,181.44 310.36 370.44 682.00 3,597.55 45.00 375.00 39.80 463.36 3,125.00 630.00 270.00 1,93 I.I4 1,263.00 41.50 658.39 16.36 28, I 50.00 325.00 5,549.00 30.00 26.14 358.00 30.00 65.00 4,188.09 268.56 749.60 262.18 656.00 3.64 792.78 8.70 13 1.85 31.20 1,357.84 3 3/14/06 GRAND JUNCTION PIPE AND SUPPLIES 13.50 HABITAT FOR HUMANITY SERVICE 2,500.00 HALL AND EVANS SERVICE 281.44 HART INTERCIVIC SERVICE 143.70 HAWTHORN SUITES SERVICE 285.00 HEALTH INSURANCE FUND EMPLOYEE BENEFIT 14,537.87 HEALTH PROMOTION MGT INC SERVICE 12,54 I.I 7 HELEN MIGCHELBRINK REIMBURSEMENT 187.59 HERMAN MILLER WORKPLACE SERVICE 2,401.92 HEWLETT PACKARD SERVICE 2,713.00 HOLIDAY INN SERVICE 356.00 HOLIDAY INN DENVER SERVICE 238.00 HOLYCROSS ELECTRIC SERVICE 16,380.67 HOLY CROSS ELECTRIC ASSOC SERVICE 166.04 HV AC SUPPLY SUPPLIES 45.34 HYATT REGENCY DENVER SERVICE 1,000.00 IAEI SERVICE 175.00 IAFE SERVICE 100.00 IMAGE DENTAL SERVICE 400.00 IMP ACT GRAPHICS & SIGNS SERVICE 108.08 IMPERIAL FASTENER CO INC SERVICE 545.00 INTEGRATIVE MEDICINE SERVICE 2,000.00 INTERIOR PLANTSCAPES SERVICE 100.00 INTERNAL REVENUE SERVICE SERVICE 200.00 INTERNAP NETWORK SYSTEMS SERVICE 2,427.40 JAMES GILBERT SERVICE 550.00 JAMES H THERRELL IV REFUND 48.50 JANE A ST JEAN SERVICE 720.00 JANE COOK REIMBURSEMENT 21.00 JASON KERKHOVE SERVICE 1,000.00 JEFF LAYMAN REIMBURSEMENT 21.00 JEFFERSON COUNTY SERVICE 165.00 JENNIE W AHRER REIMBURSEMENT 689.75 JENNIFER CUEVAS REIMBURSEMENT 1 11.29 JENNY WOOD REIMBURSEMENT 18.03 JIMMY COLIHAN REIMBURSEMENT 76.00 JOHNSON KUNKEL & ASSOC SERVICE 585.13 JUSTIN FINESTONE REIMBURSEMENT 1,871.42 KARA BETTIS, CORONER REIMBURSEMENT 136.82 KELLEY BLUE BOOK SERVICE 60.00 KELLY MILLER REIMBURSEMENT 301.72 KINDER MORGAN INC SERVICE 39,011.05 KRISTIN DIEDRICH REIMBURSEMENT 123.12 KRISTINA WARNER REIMBURSEMENT 76.00 KROGER SERVICE 256.89 LA QUINTA SERVICE 507.64 LAF ARGE CORPORATION SERVICE 149.80 LARRY MARTIN CONSTRUCTION SERVICE 173.25 LEDERHAUSE EDITH REIMBURSEMENT 57.60 LIFE MEDIA SERVICE 395.00 LINDA MAGGIORE REIMBURSEMENT 51.03 JIZ MAYER REIMBURSEMENT 8.44 LORIE CRAWFORD REIMBURSEMENT 191.27 4 3/14/06 LORMAN EDUCATION SERVICES LUZ A VILA M LEE SMITH PUBLISHERS MACHOL & JOHANNES MARIA ANJIER MARKS PLUMBING PARTS MARLENE MC CAFFERTY MARSHALL SWIFT MARSLAND LABORATORIES MARY KATE EWING MATTHEW BENDER AND CO INC MBIA MCCAULLEY REBECCA T MCI WORLDCOM MCMAHAN & ASSOCIATES LLC MED-VET INTERNATIONAL MEDI BADGE, INC. MEDICAL ARTS PRESS MELISSA ZINTSMASTER MERCK A TL MESA PD SWAT TEAM MICRO PLASTICS MICRO PLASTICS INC MICROWAVE MAINT FUND MID VALLEY METROPOLITAN MIKE KERST MOORE MEDICAL CORP MOTOR POOL FUND MURRAY DAHL MW1 VETERNIARY SUPPLY CO NATHAN LEHNERT NATIONAL INSTITUTE OF NATIONAL SHERIFFS ASSOC NA TIVE ELECTRIC INC NEBS NORAFRYKLUND NRC BROADCASTING, INC. OCTANNER OSM DELIVERY LLC P SCOTT LOWERY P-LOGIC SYSTEMS PADDYWACKS DIST., LLC PADGETT THOMPSON PAPER WISE PARK COUNTY SHERIFF OFF. PAT NOLAN PAULA A PALMATEER PEGGY GRAYBEAL PETTY CASH PETTY CASH ACCOUNTING PHNAC /SHERI ROCHFORD PHYLISS ROUNDS PITNEY BOWES SERVICE REIMBURSEMENT SERVICE REFUND REIMBURSEMENT SUPPLIES REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SUPPLIES SERVICE SERVICE SUPPLIES REIMBURSEMENT SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SERVICE REFUND SERVICE SUPPLIES SERVICE SUPPLIES SERVICE REIMBURSEMENT REIMBURSEMENT SERVICE SUPPLIES SERVICE SERVICE REIMBURSEMENT SERVICE 329.00 189.75 297.00 82.36 25.80 774.19 32.40 195.95 149.99 II 0.06 15 I. 78 4,851.72 87.89 2,180.31 10,000.00 53.96 67.35 I OI.I 7 47.85 2,171.70 350.00 18.74 49.40 3,780.00 377.54 334.43 668.48 147,664.29 50.00 110.49 93.94 114.95 100.00 266.74 194.05 7,355.00 4,132.00 1,441.74 421.98 40.30 9,253.75 817.33 790.00 2,108.81 2,025.00 58.32 77.70 180.00 41.44 2,231.92 75.00 18.60 153.00 5 3/14/06 PITNEY BOWES INCORPORATED SERVICE 822.09 PLASTOCON SERVICE 251.25 POSTMASTER EAGLE BRANCH SERVICE 5,000.00 PSS, INC SERVICE 2,II2.10 PUBLIC SAFETY CENTER SERVICE 1,545.92 PURCHASE POWER SERVICE 20,569.87 QUEST DIAGNOSTICS SERVICE 751.31 QUILL CORPORATION SUPPLIES 54.99 QUINLAN PUBLISHING COMP AN SERVICE 303.81 QWEST SERVICE 6,435.81 R A NELSON & ASSOCIATES SERVICE 13,715.54 RANDALL WB PURVIS REFUND 30.00 RAYMOND P MERRY REIMBURSEMENT 55.00 RED BLUFF BUCKLES SERVICE 1,065.00 RENEE RUMVILL, DVM. SERVICE 850.00 ROCKHURSTCOLLEGE SERVICE 813.00 ROGER CARDOZA REIMBURSEMENT 160.20 ROLLY ROUNDS REIMBURSEMENT 42.30 SAM COLLINS REIMBURSEMENT 70.00 SANDRA SUTHER REIMBURSEMENT 33.06 SAWAYA AND ROSE REFUND 30.00 SCHAEFER OUTFITTERS SERVICE 1,078.00 SCULL YS ART OFFICE AND SUPPLIES 158.70 SHAMROCK FOODS CORP SUPPLIES 134.34 SHEAFFER KAREN REIMBURSEMENT 355.17 SHERATON DENVER WEST SERVICE 172.00 SHERI MINTZ REIMBURSEMENT 210.95 SIRI NELSON REIMBURSEMENT 153.44 SMITH EDWARD REIMBURSEMENT 38.00 SNOWHITE LINEN SERVICE 77.38 SO TECH SPECIAL OPERATION SERVICE 323.00 SOFTWARE SPECTRUM SERVICE 2,672.72 SOS STAFFING SERVICES SERVICE 592.00 SPIEGEL MCDIARMID SERVICE 147.19 STATE DISBURSEMENT UNIT SERVICE 276.92 STEPHANIE GLENWRIGHT REIMBURSEMENT 85.20 STERICYCLE INC SERVICE 733.32 STRATEGIC FENCE & WALL CO SERVICE 420.00 STRAWBERRY PATCH SERVICE II 1.95 SUSPENSE FUND SERVICE 99,899.16 TEAK SIMONTON REIMBURSEMENT 43.67 TELEVISION EQUIPMENT SERVICE 811.00 TENIE CHICOINE REIMBURSEMENT 90.00 TERRY M BRENNAN SERVICE 2,625.00 THE FLOWER CART SERVICE 99.00 THE OLD GYPSUM PRINTER SERVICE 1,504.57 THE RIETZ LAW FIRM LLC REFUND 30.00 THE VETERAN JOURNAL INC SERVICE 2,500.00 THIMGAN & ASSOCIATES SERVICE 4,739.36 THOMAS & MEANS SERVICE 1,725.00 THOMAS C BARRETT REFUND 21.00 THOMSON WEST GROUP SERVICE 691.25 TODD BONATTI REFUND 13.98 6 3/14/06 TONI BERNS TOWN OF EAGLE TRAJEN FBO NETWORK TRANE COMPANY TROY ENTERPRISES UNIFORM KINGDOM UNION PACIFIC RAILROAD CO UNITED PARCEL SERVICE UNITED REPROGRAPHIC US CLEANING PROFESSIONALS US DEPT OF EDUCATION US FOODSERVICE, INCE, INC US GEOLOGICAL SURVEY VAIL DAILY THE VAIL ELECTRONICS VAIL MOUNTAIN COFFEE VAIL VALLEY MEDICAL CENTR VAIL VISION V AILNET INC VALASKAREN VALLEY LUMBER VALLEY PARTNERSHIP VALLEY VIEW HOSPITAL VERIZON WIRELESS, VIKING OFFICE PRODUCTS VINCI LAW OFFICE VOLUNTEER SOFTWARE WASTE MANAGEMENT WELLS FARGO WESTERN EAGLE COUNTY WESTERN SLOPE ANIMAL WELL WESTERN SLOPE BAR WESTERN SLOPE FENCING WRIGHT WATER ENGINEERS WYLACO SUPPLY COMPANY XCEL ENERGY XEROX CORPORATION Y AMP A VALLEY ELECTRIC ZANCANELLA & ASSOCIATES PAYROLL FOR FEBRUARY REIMBURSEMENT SERVICE SERVICE SERVICE REFUND SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SUPPLIES SUPPLIES SERVICE SERVICE SERVICE SUPPLIES REFUND SERVICE SERVICE PAYROLL EXPD SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE PAYROLL 3 &4 169.20 2,095.65 5,546.03 1,571.78 30.00 1,610.75 1,500.00 262.79 207.46 19,779.39 149.92 14,844.77 5,360.00 955.00 7,325.00 188.50 1,141.35 150.00 67.80 20.00 200.97 3,490.60 1,002.67 7,577.91 12.75 30.00 250.00 196.76 298,428.83 2,013.00 20.00 646.05 889.00 1,031.94 57.98 991.73 7,873.48 185.39 158.75 678,656.72 1,750,859.31 ROAD AND BRIDGE FUND 800 MHZ AIRGAS INTERMOUNTAIN INC CENTRAL DISTRIBUTING COLORADO LTAP COLORADO MOUNTAIN NEWS COUNTY TECHNICAL SERVICES EAGLE PHARMACY EAGLE VALLEY MEDICAL FAMILY SUPPORT REGISTRY FRONTIER PAVING INC SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE 28,665.00 57.II 209.85 120.00 33.20 15,709.00 80.57 182.00 401.88 17,509.59 7 3/14/06 GRAND JUNCTION PIPE AND SUPPLIES 126.98 HEALTH INSURANCE FUND EMPLOYEE BENEFIT 1,315.14 HOLIDAY INN EXPRESS SERVICE 69.00 INTERWEST SAFETY SUPPLY SUPPLIES 30.77 JAKE J STULL REIMBURSEMENT 75.00 KINDER MORGAN INC SERVICE 120.54 MOTOR POOL FUND SERVICE 261,635.63 NAP A AUTO PAR TS-CARBONDLE SUPPLIES 182.50 ROD CARTER REIMBURSEMENT 75.00 SUSPENSE FUND SERVICE 6,673.97 TOWN OF GYPSUM SERVICE 239.85 US CLEANING PROFESSIONALS SERVICE 682.74 WELLS FARGO PAYROLL EXPD 31,169.06 WESTERN SLOPE BAR SERVICE 31.75 ZEE MEDICAL SERVICE SUPPLIES 12.49 PAYROLL FOR FEBRUARY PAYROLL 3 &4 72,114.07 437,522.69 SOCIAL SERVICES FUND A TO Z SERVICES SERVICE 27.74 ADAMS COUNTY SHERIFF SERVICE 19.00 ASIY A T KHURANOV A REIMBURSEMENT 38.15 CAROLINE GONZALES REIMBURSEMENT 375.80 CARTER & ALTERMAN SERVICE 173.36 CATHERINE ZAKOIAN, M.A. SERVICE 70.00 CBI SERVICE 39.50 CENTURYTEL SERVICE 97.39 CHRIS MORTON SERVICE 70.00 COLUMBINE MARKET SERVICE 32.15 COPY COpy SERVICE 448.20 CORPORATE EXPRESS SUPPLIES 60.55 DOLPHIN CAPITAL CORP SERVICE 79.00 EAGLE COUNTY MOTOR POOL SERVICE 3,523.92 EAGLE COUNTY SHERIFFS OFF SERVICE 56.00 EAGLE PHARMACY SERVICE 6.30 EAGLE RIVER WATER AND SERVICE 1,000.00 EAGLE V ALLEY CHILD CARE SERVICE 18,235.84 EAGLE V ALLEY PRINTING SERVICE 153.45 ELIZABETH MCGILL VRA Y REIMBURSEMENT 870.90 FAMILY LEARNING CENTER SERVICE 2,375.00 FREMONT COUNTY SHERIFF SERVICE 21.50 GARFIELD COUNTY SHERIFF SERVICE 49.40 GOVCONNECTION, INC SERVICE 1,315.95 GROWING YEARS SCHOOL SERVICE 19,450.00 HEALTH INSURANCE FUND EMPLOYEE BENEFIT 1,323.43 HEART OF THE WEST COUNSEL SERVICE 2,643.45 HEWLETT PACKARD SERVICE 2,338.00 HOLY CROSS ELECTRIC ASSOC SERVICE 1,245.05 JEANNE MCQUEENEY REIMBURSEMENT 1,899.40 JESSICA LUCAS REIMBURSEMENT 63.99 JULIA KOZUSKO REIMBURSEMENT 1,459.70 KA THY REED REIMBURSEMENT 199.20 KINDER MORGAN INC SERVICE 631.45 8 3/14/06 KRISTI GREMS SERVICE 304.50 LA QUINTA INN & SUITES SERVICE 66.00 LABORATORY CORPORATION OF SERVICE 138.00 LARA "HEATHER" LA WDERMILK REIMBURSEMENT 27.95 LEXISNEXIS COURTLINK INC SERVICE 72.90 LISA GRIGGS REIMBURSEMENT 494.46 LYONS KATHLEEN REIMBURSEMENT 18.96 MESA COUNTY SHERIFF SERVICE 43.64 MICHELLE ARANA SERVICE 35.64 NOLA SMITH REIMBURSEMENT 105.30 OLGA WILKINS REIMBURSEMENT 355.69 ORKIN EXTERMINATING CO SERVICE 55.00 SHERI MINTZ REIMBURSEMENT 71.69 SILVER LEAF SUITES SERVICE 249.92 SOFTWARE SPECTRUM SERVICE 590.94 STATE FORMS CENTER SERVICE 39.26 STATE FORMS PUBLICATIONS SERVICE 19.63 SUSPENSE FUND SERVICE 6,552.61 SYLVIA SALAZAR REIMBURSEMENT 137.70 TOWN OF EAGLE SERVICE 90.00 VAIL HONEYW AGON LTD SERVICE 33.50 VERIZON WIRELESS, SERVICE 432.58 WELLS FARGO PAYROLL EXPD 19,992.82 XEROX CORPORATION SERVICE 767.54 PAYROLL FOR FEBRUARY PAYROLL 3 &4 45,029.48 RETIREMENT FUND SUSPENSE FUND SERVICE 83,531.71 83,531.71 INSURANCE RESERVE FUND COUNTY TECHNICAL SERVICES SERVICE II ,405.00 MOTOR POOL FUND SERVICE 2,077.22 WESTERN SLOPE FENCING SERVICE 1,460.00 14,942.22 CAPITAL IMPROVEMENTS FUND COMMUNITY DEVELOPMENT SERVICE 86.00 JOHNSON KUNKEL & ASSOC SERVICE 2,533.20 KENNEY & ASSOCIATES SERVICE 1,170.II MARTINEZ WESTERN SERVICE 160,512.70 RIPPY CONTRACTORS INC SERVICE 78,184.00 TRANE COMPANY SERVICE 19,890.00 VAUGHN CONSTRUCTION SERVICE 310,470.03 572,846.04 SALES TAX E.V. TRANSP. A & E TIRE INC SERVICE 5,538.65 ALPINE LUMBER COMPANY SUPPLIES 26.74 ANDREA VESQUE SUPPLIES 26.00 APEX SECURITY SERVICE 499.20 B & H SPORTS SERVICE 3,567.45 BUFFALO RIDGE AFFORDABLE SERVICE 6,079.00 9 3/14/06 CASTA CENTRAL DISTRIBUTING CINGULAR WIRELESS eCOLLETTS COLORADO DEPT REVENUE COUNTY TECHNICAL SERVICES CUMMINS ROCKY MOUNTAIN DRIVE TRAIN INDUSTRIES EAGLE COUNTY MOTOR POOL EAGLE PHARMACY FEDERAL EXPRESS GE CAPITAL GILLIG CORPORATION GLENWOOD SPRINGS FORD HA VENERS TRUCKING TOWING HEALTH INSURANCE FUND HIGH COUNTRY CUSTOM HOLY CROSS ELECTRIC ASSOC INSTA-CHAIN INC KINDER MORGAN INC KINETICO WATER PROS LANDS END INCORPORATED LA WSON PRODUCTS LIGHTS ON BROADWAY M & M AUTO PARTS MAIN AUTO PARTS MICROWAVE MAINT FUND MOTOR POOL FUND MOUNTAIN EQUIPMENT NATIONAL SAFETY COUNCIL QWEST RON E BECK STEWART AND STEVENSON SUSPENSE FUND TOWN OF AVON TOWN OF GYPSUM UNITED STATES WELDING UPS CUSTOMHOUSE BROKERAGE US CLEANING PROFESSIONALS VAIL NET VEHICLE REPLACEMENT FUND VERIZON WIRELESS, WELLS FARGO WESTERN SLOPE BAR WHITEALLS ALPINE WYLACO SUPPLY COMPANY XEROX CORPORATION ZEE MEDICAL SERVICE PAYROLL FOR FEBRUARY SERVICE SUPPLIES SERVICE SUPPLIES REIMBURSEMENT SERVICE SUPPLIES SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE EMPLOYEE BENEFIT SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SUPPLIES SUPPLIES SUPPLIES SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE PAYROLL EXPD SERVICE SUPPLIES SUPPLIES SERVICE SUPPLIES PAYROLL 3 & 4 9,780.00 333.27 186.49 1,326.90 2.20 21,249.00 85.27 7,492.02 40,309.87 8.61 129.22 269.16 5,336.68 298.49 250.00 2,341.99 36.00 129.46 1,099.00 422.09 35.00 84.95 411.27 518.69 234.77 4.89 13,230.00 13,937.24 242.65 558.13 166.66 1,900.00 46.13 11,692.75 80,698.50 839.93 28.81 43.59 2,390.78 11.95 200,000.00 65.87 60,538.72 24.75 1,589.32 66.20 239.10 177.72 138,602.22 635,203.35 SALES TAX E.V. TRAILS ALPINE ENGINEERING SERVICE 896.1 5 10 3/14/06 COPY PLUS SERVICE 5.00 ELLIE CARYL REIMBURSEMENT 136.08 FEDERAL EXPRESS SERVICE 24.35 GRAND JUNCTION PIPE AND SERVICE 480.00 -IEALTH INSURANCE FUND EMPLOYEE BENEFIT 10.72 MIRRYCLE CORPORATION SERVICE 344.39 SCHMUESER GORDON MEYER SERVICE 10,235.00 SUSPENSE FUND SERVICE 164.42 WELLS FARGO PAYROLL EXUDE 952.48 13,248.59 AIRPORT FUND 800 MHZ SERVICE 6,930.00 ALL PHASE ELECTRIC SUPPLY SUPPLIES 115.44 ALPINE LUMBER COMPANY SUPPLIES 869.89 AL WAYS SHOW YOUR COLORS SERVICE 45.62 AMERICAN ASSOC AIRPORT SERVICE 600.00 B & H SPORTS SERVICE 925.50 BLUEGLOBES INC SERVICE 428.75 BRITT ANY BAKER SERVICE 25.00 BROWN WINICK GRAVES LAW SERVICE 1,400.00 C & H DISTRIBUTORS INC SERVICE 3,185.34 CARLON CHAVEZ SERVICE 25.00 CENTURY EQUIPMENT COMPANY SERVICE 67.93 CENTURYTEL SERVICE 2,808.28 CHIEF SUPPLY SERVICE 197.88 CHRIS ANDERSON REIMBURSEMENT 74.93 CHRIS HALE SERVICE 25.00 CO AIRPORT OPERA TORS ASSN SERVICE 500.00 CO DEPT PUBLIC SAFETY SERVICE 71.00 COLLETTS SERVICE 4,912.95 COLORADO MOTOR PARTS SUPPLIES 321.34 COLORADO MOUNTAIN NEWS SERVICE 754.69 COLUMBINE MARKET SERVICE 23.54 CORPORATE EXPRESS SUPPLIES 476.94 COUNTY TECHNICAL SERVICES SERVICE 21,608.00 COWBOY CATERING SERVICE 214.39 DISH NETWORK SERVICE 11.98 DOLPHIN CAPITAL CORP SERVICE 271.77 DRAGONS BOOT & SHOE SERVICE 164.21 DUSTY DAVIS SERVICE 25.00 ED LA JOY @SKYLARK SERVICE 494.11 ELIZABETH WILT REIMBURSEMENT 3I.I9 FIREHOUSE SERVICE 30.00 GATEKEEPER SYSTEMS SERVICE 1,980.00 GRAND JUNCTION PIPE AND SUPPLIES 145.38 GYPSUM TOWN OF SERVICE 344.25 HEALTH INSURANCE FUND EMPLOYEE BENEFIT 995.20 HENSLEY BATTERY SERVICE 85.60 HOGAN & HARTSON SERVICE 1,012.50 HOLYCROSS ELECTRIC ASSOC SERVICE 5,383.40 JAY MAX SALES SUPPLIES 187.11 KELLEY TRUCKING SERVICE 82,845.00 11 3/14/06 KINDER MORGAN INC SERVICE 10,034.02 LAWSON PRODUCTS SUPPLIES II5.65 LEGACY COMMUNICATIONS INC SERVICE 126.18 LISA KOLLMEYER SERVICE 25.00 ilAIN AUTO PARTS SUPPLIES 156.82 METEORLOGIX SERVICE 477.00 MIDWEST AIR TRAFFIC SERVICE 33,147.50 MIKE HINDMAN SERVICE 25.00 MOTOR POOL FUND SERVICE 5,418.68 MYSLIK INC SERVICE 5,898.91 NASCO LLC SERVICE 582.77 NEXTEL SERVICE 638.55 NOBLE WELDING SERVICE 105.00 NORTHWEST COLORADO SERVICE 170.00 OJ WATSON COMPANY INC SERVICE 18.70 OVERLAND AND EXPRESS COMP SERVICE 353.40 REIS ENVIRONMENTAL INC SERVICE 264.32 ROCKY MOUNTAIN INDUSTRIAL SERVICE 5,928.00 SAIGE CONCEPTS SUPPLIES 70.00 SERVICEMASTER CLEAN SERVICE 1,944.00 SIGNATURE SIGNS SERVICE 117.50 SKYLINE MECHANICAL SERVICE 8,937.00 STANDARD SIGNS INC SERVICE 1,205.65 STEVE O'BRIEN SERVICE 25.00 STEWART & STEVENSON POWER SERVICE 1,561.66 SUMMITEX, LLC SERVICE 183.15 SUSPENSE FUND SERVICE 4,082.57 TAYLOR FENCE COMPANY SERVICE 1,440.00 TOOL CLINIC INCORPORATED SERVICE 107.93 TRI COUNTY FIRE SERVICE 439.47 UNITED PARCEL SERVICE SERVICE 8.26 US CLEANING PROFESSIONALS SERVICE 1,843.77 US CUSTOMS SERVICE SERVICE 25,628.71 VERIZON WIRELESS, SERVICE 140.85 WADE DROEGEMEIER REIMBURSEMENT 20.62 WAGNER RENTS SERVICE 67.28 WASTE MANAGEMENT SERVICE 465.25 WELLS FARGO PAYROLL EXPD 21,584.83 WESTERN SLOPE BAR SERVICE 369.43 WYLACO SUPPLY COMPANY SUPPLIES 370.23 XEROX CORPORATION SERVICE 203.17 PAYROLL FOR FEBRUARY PAYROLL 3 &4 51,677.56 326,593.50 MICROWAVE MAINTENANCE FUND CENTURYTELOFEAGLE SERVICE 114.60 LEGACY COMMUNICATIONS INC SERVICE 20,223.06 QWEST SERVICE 2,144.36 22,482.02 JMC-COP DEBT SERVICE FUND GRANT THORNTON LLP SERVICE 2,500.00 2,500.00 12 3/14/06 HOUSING FUND FUNDING PARTNERS FOR SERVICE 10,000.00 _OGAN & HARTSON SERVICE 3,662.50 OUNTAIN REGIONAL SERVICE 2,500.00 16,162.50 HAZARDOUS MATERIAL FUND B & H SPORTS SERVICE 1,627.85 BRYAN KOHRMANN REIMBURSEMENT 2,304.00 JOSH NAGLE REIMBURSEMENT 760.00 MARRIOTT HOTEL SERVICE 1,800.00 MICHAEL WARMUTH REIMBURSEMENT 1,140.00 NASCO LLC SERVICE 423.00 8,054.85 LANDFILL FUND ACZ LABORATORY INC SERVICE 2,231.00 CENTRAL DISTRIBUTING SUPPLIES 51.21 CO ROCKY MOUNTAIN SW ANA SERVICE 30.00 CORPORATE EXPRESS SUPPLIES 277.48 COUNTY TECHNICAL SERVICES SERVICE 7,637.00 EPG COMPANIES SERVICE 63.08 HEALTH INSURANCE FUND EMPLOYEE BENEFIT 600.76 KRW CONSULTING INC SERVICE 19,752.68 MOTOR POOL FUND SERVICE 129,998.99 ROAD AND BRIDGE DEP ARTMEN SERVICE 25,733.50 ~SUSPENSEFUND SERVICE 2,302.27 TRI COUNTY FIRE SERVICE 170.00 TRI PHASE ELECTRIC SERVICE 4,096.00 US CLEANING PROFESSIONALS SERVICE 875.56 VAIL DAILY THE SERVICE 400.04 WASTE MANAGEMENT SERVICE 2,441.78 WELLS FARGO PAYROLL EXPD 7,637.13 WESTERN SLOPE BAR SERVICE 119.50 PAYROLL FOR FEBRUARY PAYROLL 3 &4 21,171.41 225,589.39 MOTOR POOL FUND A & E TIRE INC SERVICE 1,339.76 ASIY A T KHURANOV A REIMBURSEMENT 21.01 ASSOCIA TION OF EQUIPMENT SERVICE 120.00 A V TECH ELECTRONICS INC SERVICE 565.00 BOYZ TOYZ & SONZ SERVICE 609.91 CASTLE PEAK AUTOMOTIVE SERVICE 2,351.79 CENTRAL DISTRIBUTING SUPPLIES 44.62 CENTURYTEL SERVICE 73.88 COLLETTS SUPPLIES 98,830.88 COpy PLUS SERVICE 35.99 COUNTY TECHNICAL SERVICES SERVICE 22,327.00 FARIS MACHINERY CO SERVICE 801.97 G & K SERVICES SUPPLIES 480.35 ,LENWOOD RADIATOR REPAIR SERVICE 421.25 13 3/14/06 GLENWOOD SPRINGS CHRYSLER GOODYEAR WHOLESALE TIRE GYPSUM VALLEY FEED HANSON EQUIPMENT IEALTH INSURANCE FUND HENSLEY BATTERY HONNEN EQUIPMENT HSBC BUSINESS SOLUTIONS JENNY WOOD KINDER MORGAN INC KOIS BROTHERS LAWSON PRODUCTS LAYTON TRUCK EQUIPMENT CO LIGHTHOUSE, INC., THE M & M AUTO PARTS MACDONALD EQUIPMENT CO MCGEE COMPANY MOTOR POOL FUND MOUNTAIN EQUIPMENT NAPA AUTO PARTS-CARBONDLE NOVUS AUTOGLASS NU-TEC SYSTEMS, LLC PETTY CASH ACCOUNTING POWER MOTIVE SAFETY KLEEN (WHICITA) STEVINSON CHEVROLET SUSPENSE FUND TOWN OF GYPSUM TWO RIVERS CHEVROLET UNITED STATE WELDING INC. US CLEANING PROFESSIONALS VEEDER-ROOT COMPANY WAGNER EQUIPMENT COMPANY WELLS FARGO WESTERN SLOPE PAINT WHITEALLS ALPINE WYLACO SUPPLY COMPANY ZEE MEDICAL SERVICE PAYROLL FOR FEBRUARY SERVICE SERVICE SERVICE SERVICE EMPLOYEE BENEFIT SERVICE SERVICE SERVICE REIMBURSEMENT SERVICE SERVICE SUPPLIES SUPPLIES SUPPLIES SUPPLIES SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SUPPLIES SERVICE SERVICE SERVICE PAYROLL EXPD SUPPLIES SERVICE SUPPLIES SUPPLIES PAYROLL 3 &4 846.70 7,949.02 85.99 514.25 503.71 596.30 353.73 65.91 6.48 3 11.63 1,032.50 536.63 180.89 426.60 1,420.74 221.86 340.37 8,43 I.I2 242.65 15.98 1,175.00 80.86 43.54 200.88 382.89 113,498.64 1,953.77 620.13 968.01 330.56 1,765.14 189.24 1,175.97 7,733.76 841.71 78.00 1,093.70 51.45 20,506.04 304,795.76 HEALTH INSURANCE FUND DENMAN GREY AND COMPANY JEFFERSON PILOT FINANCIAL MOUNTAIN STATES ADMIN. MUTUAL OF OMAHA UNITED STATES LIFE INS EMPLOYEE BENEFIT EMPLOYEE BENEFIT EMPLOYEE BENEFIT EMPLOYEE BENEFIT EMPLOYEE BENEFIT 1,050.00 3,742.58 39,246.69 3,294.60 1,109.60 48,443.47 ENHANCED E911 FUND CENTURYTEL QWEST TOWN OF VAIL SERVICE SERVICE SERVICE 185.54 2,425.70 15,391.06 14 3/14/06 e. 18,002.30 4,548,836.94 ~xecutive Session Commissioner Stone moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice on matters that may be the subject of negotiations regarding the Miller Ranch Community Center Lease, Golden Eagle Architecture and Design proposals, Balata Liquor License Renewal Hearing, and the Home Rule Charter Commission staff assistance request which are appropriate topics for discussion pursuant to C.R.S. 24-6-402(4)(b) and (e), Colorado Revised Statutes. Commissioner Menconi seconded the motion, which passed unanimously. At the close ofthe discussion, Commissioner Menconi moved to adjourn from Executive Session which was seconded by Commissioner Stone and unanimously approved. Consent Agenda Chairman Runyon stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of March 13,2006 (Subject to review by the Finance Director) Mike Roeper, Finance Department B. Approval of Payroll for March 16,2006 (Subject to Approval by the Finance Director) Mike Roeper, Finance Department c. Approval of the Minutes of the Eagle Board of County Commissioners Meeting for February 7, 2006 Teak Simonton, Clerk and Recorder Resolution 2006-022 Appointing Bill Simmons, Ron Wolfe, and Kristi Ferraro to the Eagle County Regional Transportation Authority County Attorney's Office Representative E. Resolution 2006-023 Appointing Pat Fallin, Chris Martinez and Judith Royer to the Basalt Regional Library District Board of Trustees County Attorney's Office Representative F. Resolution 2006-024 Notifying the State Treasurer to Distribute Federal Mining Leasing Funds in Accordance with the Provisions ofC.R.S. 34-63-102 County Attorney's Office Representative G. Resolution 2006-025 Transferring and Distributing Revenues from the County Forest Reserve Fund, Fiscal Year 2005 County Attorney's Office Representative H. Contract No. 6EM20 between State of Colorado Department of Local Affairs, Division of Emergency Management and Eagle County County Attorney's Office Representative I. Resolution 2006-026 Release of Assignment of Certificate of Deposit Nos. 21071,21072,21074, First Partial Release of Collateral and Acceptance of Alpine Bank Assignment of Certificates of Deposit No. 23870 and No. 21075 for Crown Mountain Park & Recreation District Public Improvements Agreement County Attorney's Office Representative Assignment of Certificate of Deposit No. 23870 and 21075 From Crown Mountain Park and Recreation 15 3/14/06 .. District County Attorney's Office Representative Holy Cross Energy Underground Right of Way Easement and Trench, Conduit and Vault agreement Eagle County Airport Airport Representative L. Agreement between Eagle County and Eagle County School District for Early Childhood Coaching and Consultation Kathleen Forinash, Health & Human Services M. Colorado State Parks Impact Assistance Grant Application (Payment In Lieu of Taxes - PIL T) Michael Roeper, Finance Department N. Change Order No.5 for Fire Hydrant Relocation at Freedom Park Pete Fralick, Facilities Management o. Change Order No.1 for Western Eagle County Recreation District Maintenance Shed at Freedom Park Pete Fralick, Facilities Management P. Agreement with New World Systems Corporation to Provide the Stated Services and Equipment for Financial Management, Payroll and Human Resources Applications Innovation Technology & Finance Office Representatives Q. Resolution 2006-027 for the Vacation of the Final Plat for Valley View Clinic, Parcel A (Eagle County File No. SMA-00012) lena Skinner-Markowitz, Community Development Resolution 2006-028 for the Approval of a Special Use Permit for a Child Care Center in Unincorporated EI lebel (Eagle County File No. ZS-00135) lena Skinner-Markowitz, Community Development s. Fifth Amendment to Sand and Gravel Mining Lease County Attorney's Office Representative T. Change Order #1 to the Contract with Martinez Western Constructors, Inc. for the for the Fairgrounds Utility Line Extensions Engineering Department Representative Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that item S should be pulled and rescheduled for March 21, 2006. Commissioner Stone moved to approve the Consent Agenda, Items A-T, excluding item S. Commissioner Menconi seconded the motion. The vote was declared unanimous. Citizen Input There was none. Commissioner Stone moved to adjourn as the Board of County Commissioners and re-convene as the Eagle ,ounty Liquor Licensing Authority. Commissioner Menconi seconded the motion. The vote was declared unanimous. 16 3/14/06 Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Enterprise Hotels of Colorado, Inc. d/b/a Rocks Modern Grill This is a renewal of a Hotel and Restaurant Liquor License, in Avon (Beaver Creek). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. Other Consent B. Beaver Creek Food Services, Inc. d/b/a Saddleridge Restaurant This is a Manager's Registration for Saddleridge Restaurant. Beaver Creek Food Services Inc. wishes to register Kathleen Singleton as its Manager. The application is complete and the necessary fees have been paid. Ms. Singleton is of good moral character, based upon Sheriff and CBI reports. C. Taste of Vail, Inc. d/b/a Taste of Vail This is a request for a Special Event Permit. Taste of Vail, Inc. is requesting a special event permit for the annual Taste of Vail event to be held on Vail Mountain, April 7, 2006 from 9:00 a.m. to 4:00 p.m. All documentation is in order and the required fees have been paid. No protests were received by the Clerks Office. Commissioner Menconi moved that the Board approve the Liquor Consent Agenda for March 14,2006, consisting of Items A-C Commissioner Stone seconded the motion. The vote was declared unanimous. Other LiQuor APPLICANT: DBA LICENSE ISSUED: LOCATION: REPRESENTATIVE: Grille at Singletree, LLC Balata November 11, 2001 1265 Berry Creek Road in Edwards Matt Jones, General Manager/Partner LLC DESCRIPTION: This is a request for the renewal of a Hotel & Restaurant Liquor License. Staff has received complaints from area residents which were included in your packet. The complaints involve noise levels emitting from the restaurant when there are live bands or DJ's for both public and private events. Per a letter from Lauren Binker, Code Enforcement Officer for the County's Environmental Health Department, the noise levels from Balata Restaurant are subject to the Commercial and Industrial Performance Standards of Eagle County Land Use Regulations, Section 4-520, Noise and Vibration Standards, which states, "Every use shall be operated such that the noise level roduced does not inherently and recurrently exceed sixty (60) decibels, during the hours of7:00 A.M. to 7:00 .M., or fifty-five (55) decibels from 7:00 P.M. to 7:00 A.M." 17 3/14/06 CONCERNS / ISSUES: .taff is concerned with the complaints, however there have been no recent reports of incidents by the Sheriff's Office nor have any citations been issued from Environmental Health. STAFF FINDINGS: ~ The application is in order. The following applies to a renewal hearing: C.R.S. 12-47-302 provides that the local license authority may conduct a hearing after proper notice to determine if an application for renewal should be granted. The legislature has given this Board wide discretion to make such a determination based on the facts and circumstances of each particular case. This Board may reject a renewal application for "good cause" which is defined as: a. Licensee's violation or failure to comply with the rules and regulations set forth in the Colorado Liquor Code; b. Licensee's failure to comply with special terms or conditions that were placed on it in prior disciplinary proceedings or that arose in the context of potential disciplinary proceedings; and c. Evidence that the licensed premises have been operated in a manner that adversely affects the public health, welfare or safety of the immediate neighborhood in which the establishment is located, which evidence must include a continuing patter of fights, violent activity or disorderly conduct. ~ Pursuant to Regulation 47-900, Conduct of Establishment, the licensee shall not permit rowdiness, undue noise, or other disturbances or activity offensive to the senses of the average citizen, or to the residents of the neighborhood in which the licensed establishment is located. ~ Public notice was given by the posting of a sign in a conspicuous place on the premises on March 2, 2006, 11 days prior to the hearing. RECOMMENDATION: This is a renewal and the Board may approve the renewal of the license, deny the renewal of the license or accept a stipulation from the applicant. Staff recommends approval of the license. However, the applicant should acknowledge the necessity to comply with applicable Commercial and Industrial Performance Standards of Eagle County Land Use Regulations and should provide Eagle County Code Enforcement with a schedule of upcoming events for compliance monitoring. Any future noise violations may be dealt with through code enforcement actions or show cause hearings. DISCUSSION: Mathew Jones, General Manager of Balata Restaurant spoke. Mr. Jones presented a noise mitigation plan to the Board. He stated that Balata Restaurant will adhere to and not exceed maximum permissible noise levels of 60 decibels during the hours of 7 am to 7 pm, and/or 55 decibels during the hours of 7 pm to 7 am. The noise levels will be measured at any point along any boundary line of the property on which the use is located. Balata management will monitor noise levels during events with a standard decibel meter. The cell phone number of the manager on duty will be placed on the outgoing message of the direct restaurant line. Balata will submit an event calendar to the Code Enforcement Office of the Eagle County Environmental Health Department. A letter from the Singletree Property Owners Association was submitted in support of their noise mitigation plan and renewal of the liquor license. Chairman Runyon opened public comment. 18 3/14/06 Chris Neuswanger spoke. Mr. Neuswanger lives approximately 220 feet from Balata Restaurant. He stated that the mitigation noise plan was somewhat acceptable. He wondered about the reasonable area to measure the noise levels. He suggested that the guest policy be changed to only allow for music inside after 10 pm if the doors nd windows are all closed. He believes that the plan is a vast improvement from what's been done in past years. Johannes Faessler, Sonnenalp Golf Club owner spoke. He believes that the enforcement of measurement IS unrealistic because a car driving by will spike a measurement device into the 70' s. A reasonable point would to measure would be from the location of the complaint. He believes that having the doors and windows closed is irrelevant. Bryan Treu, County Attorney spoke. He stated that the standards are meant to protect adjoining neighbors and should be measured from the closest neighbor or the closest complaining neighbor as determined appropriate by Eagle County, in this case being Mr. Neuswanger. Commissioner Menconi stated that he doesn't believe it's fair to measure noise levels from someone's home that is not complaining about noise. Mr. Neuswanger stated that after 10 pm, 55 decibels is going to be noticeable. He doesn't believe it's unreasonable to ask them to close the windows and doors. Commissioner Menconi asked if there weren't other governing bodies that take care of those issues. Mr. Treu stated that code enforcement would deal with the regulations related to the land use regulations. Mr. Neuswanger stated that the Singletree Homeowners Association has no enforcement ability for the clubhouse. Mr. Treu stated that the Board is dealing with a liquor license renewal and there are only three options, renewal, denial and renewal with conditions, only if the conditions are set forth by the applicant. Commissioner Stone thanked Mr. Faessler for his time and effort towards being a good neighbor. Commissioner Stone moved that the Board approve the Liquor License Renewal for the Grille at Singletree, LLC dba Balata based upon representation. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene s the Eagle County Air Terminal Corporation. Commissioner Stone seconded the motion. The vote was declared unanimous. Eagle County Air Terminal Corporation Airport Representative A. Approval ofthe Minutes from January 31, 2006 ECAT meeting Mr. Runyon moved to approve the minutes from January 31 st, 2006 ECAT meeting. Michael Roeper seconded the motion. The vote was declared unanimous. B. Approval of agreement employing RBC Capital Markets as Investment Banker as it relates to ECAT debt refinancing Mr. Roeper stated that the agreement was meant to get the ball rolling. The Attorney's office has the reviewed the document and it meets with their approval. Mr. Roeper moved to approve the agreement employing RBC Capital Markets as Investment Banker as it relates to ECA T debt refinancing. Mr. Stone seconded the motion. The vote was declared unanimous. C. Ratify "Project Authorization Form" for passenger survey services between ECAT and Business Marketing Research Services, of Vail, CO Bryan Treu stated that this was a vote via email survey. 19 3/14/06 Mr. Stone moved to approve for ratification of the "Project Authorization Forms" for the passenger survey servlCes. Mr. Roeper seconded the motion. The vote was declared unanimous. Bid selection per "Eagle County Airport Terminal Video Surveillance Request for Proposals" Chris Anderson, Airport Office Manager, explained that the video surveillance is both an indoor/outdoor system. The lowest bid was $136,667. Mr. Menconi wondered if this system would cover all that the County Administrator is interested in surveymg. Mr. Anderson stated it would. Mr. Menconi asked if this was the second phase of the project. Mr. Anderson stated the camera system currently in place is rented to temporarily monitor operations. The rented system will be removed once the new system is in place. Mr. Stone asked Mr. Roeper if there was enough money in the budget to cover the overage. Mr. Roeper stated that there was some flexibility on other line items. Mr. Menconi moved to approve the bid for the Eagle County Airport Terminal Video Surveillance System. Mr. Runyon seconded the motion. The vote was declared unanimous. E. New business Mr. Treu suggested appointing a new Vice President. Mr. Runyon moved to replace Jack Ingstad with Bruce Baumgartner as Vice Chair of the Eagle County Air Terminal Corporation. Mr. Stone seconded the motion. The vote was declared unanimous. Ovid Seifers, Airport Manager, stated that passenger wise their running increased levels for January and February over last years numbers. The season has been great and the weather has been on their side. They expect this weekend to be second busiest weekend since Christmas. Mr. Runyon moved to adjourn as the Eagle County Air Terminal Corporation and re-convene as the Eagle County Board of County Commissioners. Mr. Roeper seconded the motion. The vote was declared unanimous. Abatement Hearings County Attorney's Office Representative Petitioner Schedule No. Empire Contracting & Builders Inc. Mark X. & Krista R. Frick Talisman Condominium Association Scott D. & Sandra P. Berman Irene S. Levin Conway's State Bridge Rio Rancho LLC Rocky Mountain Sandwich Company R057589 R057588 R006431 R057591 R057590 R045331 R042972 P029409 Commissioner Stone moved to approve the petitions for abatement/refund of taxes for Empire Contracting & Builders-schedule no. R057589, Mark X. & Krista R. Frick-schedule no. R057588, Talisman Condominium . ssociation-schedule no. R006431, Scott D. & Sandra P. Berman-schedule no. R057591, Irene S. Levin-schedule o. R057590, Conway's State Bridge-schedule no.R045331, Rio Ranch LLC-schedule no. R042972 and Rocky Uountain sandwich Company DBA Smiling Moose Deli-schedule no. R029409 for the tax years, in the amounts 20 3/14/06 and for the reasons set forth in the Assessor's recommendation sheets. Commissioner Menconi seconded the motion. The vote was declared unanimous. tanning Files PDP-00018 Colorado River Ranch Joe Forinash, Community Development ACTION: Extension of approval of PUD Preliminary Plan LOCATION: On the Colorado River, approximately 10.5 miles north of Dotsero; located in portions of Sections 13, 14, 15,22,23,24,26 and 27 of Township 3 South, Range 86 West DESCRIPTION: The Colorado River Ranch PUD Preliminary Plan and Zone Change were approved on 13 March 2001. The site consists of 1,045 acres located approximately 10.5 miles northeast of Dotsero, along and on either side of the Colorado River. Willow Creek flows through the property and into the Colorado River. In addition to the Colorado River, the property is bisected by Union Pacific railroad tracks and Colorado River Road. The approved development includes: )0> A club facility that would consist of: )0> 18 hole golf course; )0> Clubhouse facility with a pro shop, cart storage, restaurant and 16 overnight rooms; )0> 25 small ranch homesteads, most with building envelopes of 1::!: acres, and a few with building envelopes of 6:!: acres, the latter allowing for horses; )0> A Children's pavilion; )0> Maintenance facility with an employee dorm; )0> Pool(s), tennis court(s), sporting clays, etc.; and )0> Related facilities including comfort stations, range building, pump-houses. )0> A fire station with two bays and an employee unit housing up to 4 employees. )0> Agricultural uses (a ranch operation) and open space, covering approximately 872 acres. Access would be via three access points on Colorado River Road. The main access to the site would include a separated grade crossing over the railroad tracks. Water, both potable and non-potable, would be from new and/or existing wells and surface water diversions. Wastewater treatment would be by individual septic systems. A vicinity map and approved site plan are attached. BACKGROUND: The Preliminary Plan and zone change for the Colorado River Ranch PUD was initially approved on 13 March 2001. The Land Use Regulations provide that a single-phase PUD Preliminary Plan is valid for five (5) years from the date of approval, in this case, until 13 March 2006. However, upon written request, extension of the approval of a Preliminary Plan may be granted by the Board of County Commissioners for no more than two (2) years if it is demonstrated by competent substantial evidence that certain standards are met (see below). In August 2003, the property was conveyed to the S. Diane Graham Trust. Diane Graham is trustee. A sufficient written request for extension of a PUD Preliminary Plan has been received from the new owner. INDINGS: 21 3/14/06 Staff has determined that the following required findings may reasonably be made by the Board: I. Failure to complete development of the PUD was beyond the applicant's control. In the attached letter from the Applicant's attorney, the Applicant cites certain reasons why the PUD has not been developed, including insufficient time to complete the necessary planning work, difficulties obtaining adequate financing, and less than favorable market conditions. 2. The Preliminary Plan for pun is not speculative in nature. The Applicant's attorney cites the Applicant's intent to develop the property. 3. The Preliminary Plan for pun still complies with the Land Use Regulations and the Comprehensive Plan. Land Use Regulations - The PUD Preliminary Plan continues generally to conform to the Land Use Regulations (LUR), even though there have been certain amendments to the LUR since the Preliminary Plan was approved. Some of the more pertinent amendments include road impact fees and the method of determining the amount of the cash in lieu of school land dedication. These and other amended provisions of the Land Use Regulations can be addressed in connection with the final plat for the PUD. The Engineering Department has reviewed the Preliminary Plan with respect to provisions of Section 3-350., Floodplain Overlay Zone District, which was added to the Land Use Regulations in 2005. Engineering has determined that the general objectives of the floodplain regulations have been met. Comvrehensive Plan - The PUD Preliminary Plan was reviewed and approved within the context of the Eagle County Master Plan adopted in 1996. A new Comprehensive Plan was adopted in December 2005, effective 18 Inuary 2006. The Future Land Use Map was not changed significantly with respect to this area when the new --'omprehensive Plan was adopted. The site was and continues to be in an area designated as "Rural". Normally, residential densities on Rural Lands are limited to one primary residence and one accessory dwelling unit per 35 acres. However, the Comprehensive Plan continues to note that small recreation areas scattered throughout the County's Rural Lands designation (such as State Bridge, Anderson Camp, Rancho Del Rio and Piney Lake recreation areas) are consistent with, and in many ways define, the County's recreational and rural character. The Comprehensive Plan also states that "expansion of these areas and the establishment of new small recreation areas of this type should be considered on a case-by-case basis, considering the suitability of the land, whether necessary services can be provided and whether the expansion or new development is in character with the surrounding rural lands". This provision was part of the basis for initially finding in 2000 that Colorado River Ranch was consistent with the Master Plan. The recently adopted Comprehensive Plan includes a more detailed set of policies and strategies than were included in the earlier Master Plan. A matrix representing an analysis of the conformance of the Colorado River Ranch PUD Preliminary Plan is attached. Staff finds that the Preliminary Plan generally conforms to the 2005 Comprehensive Plan. The Housing Guidelines had not been adopted at the time this Preliminary Plan was approved. However, the Preliminary Plan includes employee housing to be located in [a] a maintenance facility (accommodating 10+ employees), [b] the single family dwelling for the ranch operator (existing on-site), [c] a single family dwelling for the General Manager, [d] a single family dwelling with attached studio for the golf course superintendent and the assistant (respectively), and [e] the fire station (shell only) and housing unit accommodating 4 employees. 4. There is a reasonable likelihood the pun will be developed in the next two (2) years. he Applicant's attorney notes that the time appears to be appropriate to proceed with the development and that 22 3/14/06 there is a high probability that the PUD will be developed within the next two years. DISCUSSION: Mr. Forinash presented a PowerPoint presentation. His presentation included a vicinity map, various rhotos, property background, and a wildlife mitigation plan. The applicant is requesting an extension of the approval of the PUD Preliminary Plan for two years until March 13,2008. There is a reasonable likelihood that the PUD will be developed in the next two (2) years. The preliminary plan would include an 18 hole golf course, clubhouse with pro shop, 25 small ranch homesteads, children's facility, maintenance facility and pools, tennis courts and other related facilities. Access would be via three access points on Colorado River Road. Wastewater treatment would be by individual septic systems. The golf course will be situated on either side of the railroad. The applicant has been the current owner since 2003. Staff has some concern with location due to development in areas designated "Rural Lands". The presentation indicated that the site is in the middle of mule deer and elk severe winter ranges. The site is also bald eagle winter forage. Moose have also been seen on the property. The wildlife mitigation & Enhancement Plan would require setbacks, some clustering of home sites, avoidance of riparian areas, and maintenance of certain elk habitats, etc. Mr. Forinash indicated that staff findings were positive and staff recommended approval. Gregory Stutz, Attorney representing the applicant spoke. Mr. Stutz stated that he had been authorized to file the request for extension on behalf of the current owner ofthe property, S. Diane Graham. He indicated that the failure to complete development of the PUD was beyond Ms. Graham's control. He stated that Ms. Graham has owned the property since August 22, 2003 and has not had sufficient time to work with a development team to complete the planning work necessary for a quality project. There have also been difficulties with obtaining adequate financing for the project. The preliminary plan for PUD is not speculative in nature because the intention is to develop the project. The preliminary plan for POO continues to comply with both the County's Land Use Regulations and Master Plan. Commissioner Runyon opened public comment. There was none. Chairman Runyon asked about how the PUD related. He asked if the property was currently on the market. Mr. Stutz stated that his client is looking for partners and the property is currently on the market. Chairman Runyon stated that when the applicant purchased the property she knew what she was committing to. Mr. Stutz stated that she should have realized her commitment but may not have been able to put together a plan without the financing. The applicant would ultimately like to develop the property. There have been financial issues. There is more work being done at this time and the applicant would like to proceed. Commissioner Stone stated that the applicant has failed in all four of the required findings. He was concerned two years ago when the first approval was given. He doesn't want to give approval to developments on a to-be-continued basis. He believes the PUD is speculative in nature. He doesn't believe the application complies. He would feel differently if there where some evidence that the applicant were further along in the process. He asked what work had been done to the property in the last two years. Mr. Stutz stated that there had been a lot done, all is not visible. He suggested that if the file where tabled, he could provide more names and evidence of work that had been performed over the last two years. The owner's desire is to have a more substantial offer to present to proposed partners. Commissioner Menconi asked it the property was a 1031 exchange. Mr. Mathews stated that the applicant would have to meet all four requirements. Commissioner Menconi stated that he doesn't believe the property was purchased to develop. He stated that they don't comply with the major economic drivers section of the comprehensive master plan nor due they comply with the job to housing balance section. Two years ago the applicant showed every indication that they would be moving forward with the project. He recommended the file be denied. Chairman Runyon stated that the new comprehensive plan shows some inconsistencies. The applicant could reapply at a later date, but right now it's highly suspect that the development can be done in two years. Commissioner Stone wondered what would happen if an extension were denied. Mr. Mathews stated that the plan would become null and void, not extinguished. A separate process to xtinguish a preliminary plan for PUD would be required. There are notice requirements, a hearing would be 23 3/14/06 scheduled and a hearing officer would then present their recommendation to the Board. Commissioner Stone wondered what would happen if the Board chose not to take those additional steps. Mr. Mathews stated that he wouldn't recommend this because it could create zoning violations in the ''uture. Commissioner Stone moved to deny the request for extension of the preliminary plan approval of File No. PDP-OOO 18, Commissioner Menconi seconded the motion. The vote was declared unanimous. LUR-0058 - Eco-Build Eat!le County Efficient Buildin2 Pro2ram Adam Palmer, Community Development NOTE: TABLED FROM 12/20/05 AND 1/31/06 ACTION: Eagle County is proposing an amendment to the Building Resolution, which, if approved, would create a points-based code for new residential development. The code would also offer a 25% building permit rebate for projects significantly exceeding point minimums. A cash-in-lieu option would be available for projects choosing not to meet the code requirements; fees collected would to into a Renewables and Efficiency Fund which would create incentives and assistance for energy efficiency and. LOCATION: N/A FILE NO. /PROCESS: APPLICANT: REPRESENTATIVE: LUR-00058/ Amendment to Building Resolution Eagle County Department of Community Development Eagle County Department of Community Development TAFF RECOMMENDATION: Approval with conditions ECPC RECOMMENDATION: Denial RFVRPC RECOMMENDATION: Approval with the following condition: Preliminary phase-in period to be extended to 120 days. PLANNING COMMISSION COMMENTS: Comments from ECPC hearing December 71\ 2005: . More points should be given for SIP panel construction . Concerns that the proposed code would add costs to the average home owner . Should focus on commercial rather than residential . Code is prohibitive to the average owner-builder . Points should not be given to toilets/fixtures that are already meeting code . Points for compact fluorescent light bulbs shouldn't be given because the lights will be switched out . Points for buildings in 2-foot increments still create interior spaces in dimensions different than 2-foot increments and create waste therein . A 5000 square foot line may be unfair the way it's proposed ECPC voted in denial of LUR-00058 on January 4, 2006, with the following comments: . Liked changes staff hade made, but concerns about additional layer of governance which might delay building permit review windows 24 3/14/06 . A I-year, 2-year, or 3-year phase-in period would help educate the building community . The proposed code would be prohibitive for the first-time owner builder to understand and implement . Market forces may change making efficient building happen on its own oaring Fork Valley Regional Planning Commission comments December 8, 2005: . Concerns for viable use of some materials in high fire hazard areas. . Additional language/points for water efficient landscape design, possibly including erosion control, potable water required for drip irrigation systems, points for drought-tolerant turf, . Need to be careful about water conservation in that if we don't use it we lose it. . Deciduous trees that shade south and west sides of homes were suggested. . Suggested simple starting point of promoting decent soil practices that eliminate run off and a well- managed irrigation system with auto controls and rain sensors would save a lot of water. . Education will be necessary and key element of program. Suggest that staff develop (an) informational booklet(s) and other educational resources/events to continue to assist builderslhomebuyers. . Exterior lighting should be changed to allow for more than just solar LED lights. High-efficiency low wattage lamps should be allowed. . Thought that cash-in-lieu of not meeting points should be in $3 to $4 per square foot range ifECG wasn't going to just increase building permit fees across the board to pay for staff/incentives. RFVRPC voted to recommend approval at the February 2, 2006 hearing with the following condition: 1. Preliminary phase-in period to be extended to 120 days. Staff concurs with comments from RFVRPC and has made efforts to include much of comments into revised draft. PROJECT DESCRIPTION SUMMARY: This application proposes to amend the Eagle County Building Resolution in the following manner: The intent of the EcoBuild program is to encourage cost-effective sustainable building methods to create durable, energy efficient structures that conserve natural resources, promote the efficient use of building materials, and improve indoor air quality. EcoBuild would apply to all new residential R3 (single family-duplex) construction per the currently adopted building code, as well as additions/reconstruction over 50% of the existing floor area, and exterior energy uses such as snowmelt, spas, and pools over sizes listed in Section 8.0. The completed EcoBuild checklist must be submitted along with the subject building permit application. Mobile Home units that are approved by Colorado Department of Housing are exempt. Proposed draft change summary since December 7: 1. Sliding scale for required points based on square footage, see draft guidelines 2. REMP fee cash in lieu option available for all square footages at $4 per square foot 3. Incentive for building permit rebates available for all square footages 4. Combined site and water sections and altered landscaping points 5. Removal of finger-jointed trim point 6. Combination ofboiler/fumace points 7. Increase of points for SIP panels from 4 to 10 8. Points for low-flow fixtures only for those exceeding code 25 3/14/06 9. Inserted points for wood pellet stoves 10. Inserted points for thermostats in each habitable room 11. Prerequisites for formaldehyde free insulation and low- VOC interior paints/finishes 12. interior/exterior lighting points adjustments 13. on-site fill reuse points 14. off-site construction/prefabrication points 15. general point clarification/adjustments STAFF REPORT REFERRAL RESPONSES: Sean Kerrigan; Johnson, Kunkel and Associates. See attached Susan Philip; Town of Basalt. See attached. Ray Merry, Eagle County Environmental Health Phillip Bowman, Eagle County Engineering Department Henry Pratt, GPS Architects Jeff Dickinson, Biospaces, Inc. Jim Kumon, MP A Architects Chris Lammers, RA Nelson Associates Auden Schendler, Aspen Ski Company Tambi Katieb, Town of Avon Matt Scherr, Eagle Valley Alliance for Sustainability Jim Guida, Guida Construction Luke Cartin, Vail Resorts Brian Sipes, Zehren Architects and Town of Avon Bruce Norring, Beck Builders Scott Turnipseed, Turnipseed Design and Construction Jim Turnipseed, Turnipseed Construction and EVHBA President Scott Nevin, Davis Partnership Architects Bob Warner, Warner Development Referral Agencies: Eagle County Attorney's Office, Eagle County Engineering Department, Eagle County Department of Environmental Health, Eagle County Assessor's Office, Colorado Department of Local Affairs (Division of Planning), all private planning firms in Eagle County, all private engineering and surveying firms in Eagle County, all listed private architectural and construction firms in Eagle County and surrounding region, Town of Avon, Town of Eagle, Town of Minturn, Town of Red Cliff, Town of Vail, Town of Basalt, Town of Gypsum. DISCUSSION: 1. Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.04 Referrals1 the proposed amendments HA VE been referred to the appropriate agencies, including all towns within Eagle County, and to the Colorado Division of Local Affairs. 2. Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.05 Public Notice, Public notice HAS been given 3. Pursuant to Chapter 2, Eagle County Land Use Regulations Section 5-230.B.2 Text Amendment: a. The proposed amendments AMEND ONLY THE TEXT of the Eagle County Building 26 3/14/06 Resolution, and do not amend the Official Zone District Map. No changes to the map are proposed. b. Precise wording of the proposed changes HAS been provided (please see attached). 4. Pursuant to Chapter 2, Eagle County Land Use Regulations Section 5-230.D., Standards for the review of Amendments to the Text ofthe Land Use Regulations, as applicable: STANDARD: Consistency with Master Plan. [Section 5-230.D.1.] Whether and the extent to which the proposed amendment is consistent with the purposes, goals, policies and FLUM (Future Land Use Map) of the Master Plan. While findings for the 1996 Master Plan are technically still applicable and are included below, specific findings as it applies to the newly-adopted Comprehensive Plan are included as well: Section 3.9.6 Environmental Quality a. Lighting plans that reduce nuisance glare and protect the quality of the night sky should be encouraged. For residential uses, promote the use of shielded down lighting that does not glare on neighboring properties. Utilize motion detectors to minimize the duration of security lighting. Enforce lighting standards that minimize fugitive light and protect the quality of the night sky. The proposed draft encourages minimized exterior lighting plans, using low-voltage systems, solar LED systems, and lights that are down-facing and at least partially shielded. The draft also encourages motion detector switches for lighting. d. Energy efficiency and the reduction of overall energy consumption should be a primary goal for future operations and developments in Eagle County. Promote transit-oriented development, and encourage plans that minimize reliance on personal motorized vehicles. Design communities in a way that reduces fossil fuel consumption for heating or cooling. Prioritize renewable energy as an optimal energy source. Implement energy efficiency guidelines that promote: · multi-use buildings which share energy needs; · landscaping which buffers buildings from wind and sun and reduces heating and cooling needs; . streets and buildings that are oriented to maximize solar gain in the winter and minimize solar heating in the summer; · energy efficient buildings. · Green Building techniques Implement the following energy saving activities: · the use of local or recycled construction materials · the installation of energy and water efficient appliances. · maximum insulation in all buildings. · minimum air infiltration in all buildings. Examine the feasibility of renewable energy generation in Eagle County. Encourage the development of other alternative energy supply options including, but not limited to, wind, solar, micro-hydro, biomass, and geothermal. Support efforts by local energy providers to offer home and business energy audits Develop and implement education programs directed at residents, second homeowners and visitors to encourage energy conservation. _ he draft code encourages each of the items listed above specifically through points offered in each of the different 27 3/14/06 I ~- -- - - ~- - ~- - - - -- - -- I sections of the document. See attached draft regulation amendment. I This amendment is consistent with the following Guiding Policies in the 1996 Eagle County Master Plan: I 'uiding Policy A.5: Maintain and improve air quality The proposed amendments support pollution reduction from energy generation to support I residential structures. Guiding Policy A.6: Encourage energy efficient development I The primary intent of this proposed amendment is to encourage energy efficient development in Eagle County. I Guiding Policy F.2: Work to improve upon and expand recycling services within Eagle County. The language in the Master Plan under this policy reads "The County should also encourage businesses throughout Eagle County to use recycled products." The proposed amendment I encourages recycling and use of recycled products in the construction of new residences. I I [+] FINDING: Consistent with Master Plan. [Section 5-230.D.1.] The proposed regulation amendment is in conformance with the Master/Comprehensive Plan I STANDARD: Compatible with surrounding uses. [Section 5-230.D.2.] Whether and the extent to which the I proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land, considering its consistency with the purpose and standards of the proposed ! zone district. I The issue of compatibility does not pertain to this proposal. ! T ANDARD: Changed conditions. [Section 5-230.D.3.] Whether and the extent to which there are changed conditions that require an amendment to modifY the use or density/intensity. I I Conditions have changed such that the proposed amendments are necessitated. I I I [+] FINDING: Changed conditions. [Section 5-230.D.3.] B There ARE changed conditions that require an amendment to modify the use or density/intensity. I STANDARD: Effect on natural environment. [Section 5-230.D.4.] Whether and the extent to which the I proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, stormwater management, wildlife habitat, vegetation, and wetlands. I Adverse impacts to the environment are not an expected outcome of this proposed amendment. This I amendment is expected to have positive impacts on water quality and quantity and air pollution. I STANDARD: Community need. [Section 5-230.D.5.] Whether and the extent to which the proposed amendment addresses a demonstrated community need. I I The proposed amendment addresses the following community needs: I >- Affordable housing: Low-income or affordable housing becomes less affordable if poor energy I efficiency plagues occupants with high monthly utility bills. An example of this is at Riverview I 28 3/14/06 ! Apartments in Eagle-Vail, where tenants have paid exorbitantly large heating bills in the winter for units constructed with poor insulation and windows. Incremental up-front cost increases for improved energy efficiency normally have quick returns on investments, and usually offer lower monthly living costs when combining utility and mortgage/rental costs. ~ Economic Retention/Development: Since most all of the energy consumed in Eagle County is generated elsewhere, every dollar of energy conserved and/or generated locally with renewable power is money retained in our communities. In addition, the proposed efficient building code will encourage development of skilled design and technical professionals locally with expertise in energy conservation and renewable power. ~ Utility price protection: Energy experts project recent increases in electric and natural gas utility rates to continue. Constructing buildings that rely on less energy insulates current and future owners from potential impacts of utility cost increases. [+] FINDING: Community need. [Section 5-230.D.5.] B It HAS BEEN demonstrated that the proposed amendment addresses a community need. STANDARD: Development patterns. [Section 5-230.D.6.] Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern, and not constitute spot zoning, and whether the resulting development can logically be provided with necessary public facilities and services. Specific development patterns and services do not apply to this proposal. STANDARD: Public interest. [Section 5-230.D.7.] Whether and the extent to which the area to which the proposed amendment would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. 1. The issue of land uses or densities that might or might not be in the public interest is not related to this proposal. A 120-day phase-in period be implemented prior to the code becoming regulatory in which staff will provide educational events and materials to the public. Building permit applicants will be required to complete the Eco-Build checklist for familiarity/education, but no point minimums would be enforced. 2. Staff will present to the board an update on the Eco-Build program within 180 days of becoming regulatory to make any changes/adjustments to the code as may be necessary. DISCUSSION: Mr. Palmer presented a PowerPoint presentation. His presentation introduced trends and preliminary steps to proposing the code and included several graphs showing the expense of transporting natural gas, gas production and national average residential energy profile. The intent of the Eco Build program is to encourage cost-effective building methods to create safe, durable, energy efficient structures that conserve natural resources and promote the efficient use of sustainable building materials. The goal is to create a simple, streamlined method to codify efficient building that is both regulatory and incentive based. The program would also create a funding source that would assist homeowners to improve existing home energy efficiency. He presented a general timeline/history of work sessions. It was suggested that staff create "carrot and stick" approach; staff then developed a point-based program. If voted in, a 120 day preliminary implementation process is suggested. Some of the proposed draft changes that have occurred include a sliding scale, incentive for building permit rebates, removal of finger-joint trip points, points for low flow fixtures only for those exceeding code, inserted points for wood pellet stoves, inserted oints for thermostats in each habitable room, just to name a few. The program would also allow for a cash-in-lieu ption that would allow for more market flexibility, FTE funding to run programs without having to raise existing 29 3/14/06 building permit fees, incentive program for those exceeding compliance. Additional funds would go back to into the community in the form of efficiency/renewable energy financial incentives for existing structures/new affordable housing within Eagle County. The Eagle County Planning Commission suggested a 1-3 year phase-in ....~riod that would allow for time to educate the building community. It was also suggested that the focus should be wr~ commercial. Dwelling units 0-2000 square feet would need to meet at least 40 points, 2001-4000 square feet would need to meet at least 50 points, 6001-8000 square feet would need to meet 90 points etc., or pay a $4 per square foot fee into the Renewables and Efficiency Fund. Dwelling units exceeding their points could receive a 25% building permit rebate, not to exceed $5000. A 10,000 square foot home with an EcoBuild score of 48 would need to make upgrades to meet 11 O-point minimum, or pay cash-in-lieu option of $40,000. Mr. Palmer indicated that all findings were positive and staff recommends approval with conditions. Chairman Runyon opened public comment Kara Heide spoke. She stated that the proposal is very complicated. She is concerned with the obstacles it could create and the financial burden it might cause. She is favor of a phase in period and educating the public. The language is confusing and the mandatory point system almost seems to be a punishment opposed to incentives. The expenses seem to be ongoing. She's confused with the added cost of paying for certain items to bring up your score. She'd rather see incentives rather than penalties moving forward. She suggested increasing the cost of a permit to allow for a cushion in the budget. Some of the requirements are not only expensive but require sophisticated engineering, routine maintained and an ongoing expense. She wondered how the Planning Department determined the equitable trade off between line items and how it was measured for the positive impact that these items have. Recently she considered a tank less on demand water heating system and was advised by three independent plumbing companies that the instillation of those types of systems is not advisable for our climate, because the water temperatures that we have in the mountains is substandard for the energy needed to heat the water. She wondered if the code would be adjusted over time. She recommended continuing to work on the details. Commissioner Menconi asked if Ms. Heide was planning to build her home within the year. Ms. Heide stated that she does have the plans but is having a hard time finding a builder that can meet her budget and Eco-Build standards. She stated that she speaks on behalf of others that have similar concerns. Commissioner Menconi stated that there were some fairly inexpensive ways to bring the points higher and sked if she'd looked at those options. Mr. Palmer stated that as it is written now, if Ms. Heide was unable to meet the 40 point requirement, the only way to get a building permit would be to pay the full cash-in-lieu amount of 4 dollars per foot. He doesn't believe that meeting the 40 points would be that difficult to achieve. Commissioner Menconi has spoken with some people that believe Eco-Build is brainwashing. He wondered if Ms. Heide had heard this from anyone she'd spoke with. Ms. Heide stated that she got different feedback from different people. She wonders if you really get a return for your money over time. Chairman Runyon asked Ms. Heide if she thought the numbers that had been presented weren't realistic. Ms. Heide stated that time will tell and its' a difference of opinion. The program requires you to have the money upfront to get a return. Chairman Runyon asked Mr. Palmer to explain the payback over time. Mr. Palmer stated that the payback numbers he used were from national studies. He believes that there is a favorable rate of return in our climate. He understands Ms. Heide's frustration in finding contractors out there that do this type of work but he believes a code like this can transform the market. Jim Guida, professional building contractor spoke. He spoke in support of the program and believes it's a gift that keeps on giving. He believes the Board should base their decision on what the program means to the professional industry. Commissioner Menconi asked Mr. Guida how he would rate the program. Mr. Guida stated that on a scale of 1-10, he would give the program a 6.5. He believes that the program is solid and where it should be from a professional standard. Commissioner Menconi asked ifhe felt it would be attainable and a long term gain for a mid-size home. Mr. Guida stated that he believes it is more attainable on a smaller home than a larger home. Commissioner Stone asked Mr. Guida what the average size of the homes he builds is. Mr. Guida stated 4000 square feet. 30 3/14/06 Rodger Stocksteader, Insul Vail owner spoke. He is familiar with this type of program and believes they are very effective. He believes some higher standards than what we have currently would be appropriate and he is in favor of the program. Amy Birdsall, representing the west chapter of the American Institute of Architects spoke. She believes the 'ogram should be approved and is important to the County as well as the world. It is an opportunity to save on resources in our backyard as well as the world's resources and reduce green house gases. Buildings contribute to over 50% green house gas emissions which are contributing to global warming. She looks at the program as a step toward increased awareness of green building within the county and the world. Commissioner Menconi asked Ms. Birdsall to explain why the group wanted to get involved in the program. Ms. Birdsall stated that architects stand for a larger vision of the building community and representative of not only construction but social standards and what the vision of society needs to be. Those who contributed are leaders in the community and leaders in their profession. They are interested in seeing the larger vision of what architecture and planning can be implemented. Gerry Amold, resident of Eagle County spoke. She has objections to the concepts behind the program. She wondered if someone attempted to build a home and came up short what benefit would there be for their attempt. She believes there should be some way to make the incentives more reachable. Chairman Runyon closed public comment Mr. Palmer responded to public comment. He stated that from a starting point staff is not exactly sure where some of the incentives are going to land and they want to make that the program would not run into the red within the first year. For this reason the program is set up conservatively. They would like to see more of a building permit incentive for those exceeding compliance. An Eco-Build specialist would be working as a consultant to owners/builders to help them achieve necessary points and offer the first time home builders a chance to build themselves a better building than would be built without that assistance. Commissioner Menconi asked Mr. Palmer to explain how he'd planned his own sensibility and financial situation to the program while building his own home. Mr. Palmer stated that they wanted a target that would be obtainable and not negatively affect the lower or iddle class spectrum. There has been a tremendous amount of feedback and he is pleased with the progress of the program. A lot of eyes have looked at the code and a lot of comments have helped shape it. Aspen was the only one that saw the program as weak. Commissioner Menconi asked what Mr. Palmer ifhe found it intimidating to be in front of the planning commISSIOn. Mr. Palmer stated that he was a little surprised by the outcome of the meeting. There seemed to be some confusion in the votes and a vote for a one year phase-in period that was not seconded. Commissioner Menconi asked Mr. Palmer how he compromised on some issues and stayed within his opmIOn. Mr. Palmer stated that he tried to fit it within the intent of the code and points based on balance, feasibility and cost. Commissioner Stone stated that when he heard that the Planning Commission had voted to deny the code, he suggested that it be sent back to the Planning Commission for more work, before presenting it to the Commissioners. He believes the program is counter productive to affordable housing. He supports the intensions but there should be a clear understanding as to qualification. He believes there should be a sliding scale, more of a carrot and less of a stick. He is in favor of the generalized effort but is against legislating against peoples lifestyles. Chairman Runyon stated that his only reservation would be the arbitrary threshold that must be reached. He is concerned with the carrot size. Commissioner Menconi read the two suggested conditions. He believes that the 180 day phase-in period would allow for any additional modifications. Mr. Mathews stated that changes could not be made without going back through the planning process. Chairman Runyon suggested a third condition that would increase the carrot size. Commissioner Stone wondered what the hurry was and recommended tabling the file to work out the .:tails. Chairman Runyon wondered if there was minor tweaking, whether it would need to go back before the 31 3/14/06 1- planning commission. Mr. Mathews stated it would not. Chairman Runyon wondered if it would be possible to increase the carrot size. Mr. Palmer stated that the proposal was to offer a 25% building permit rebate, if they reduced the points for Ie rebate and there were a number of people all at once exceeding compliance then the fund could run into the red _efore the project got going. He believes there should be more of a carrot, but he would recommend a combination of reduced point level and increased rebate amount. The program was started conservatively so that building permit revenues wouldn't be run into the red. Chairman Runyon stated that he is not 100% certain of the mechanism. Commissioner Menconi suggested tabling the file to gather more information. He believes that Mr. Palmer has done a wonderful job, but wants to table because this is the first time they have had a chance to look at the file. He is in favor of this program. Commissioner Menconi moved to table File No.LUR-00058 the amendment to the Eagle County Building Resolution until April 11, 2006. Commissioner Stone seconded the motion. The vote was declared unanimous. *Let the record show that Commissioner Menconi was not present for the remainder of the day. L UR-0061 Cul-de-Sacs and Access Standards Cliff Simonton, Community Development ACTION: Amendment of the Eagle County Land Use Regulations to clarify Cul-de-sacs and dual access standards. LOCATION: N/A ITLE: ILE NO./PROCESS: APPLICANT: REPRESENTATIVE: STAFF PLANNER: Culdesac and Access Standards LUR-0061/ Amendment to Land Use Regulations Eagle County Eagle County Department of Community Development Cliff Simonton STAFF RECOMMENDATION: Approval PLANNING COMMISSION RECOMMENDATION Approval PROJECT DESCRIPTION A. SUMMARY: This application proposes to amend the Eagle County Land Use Regulations to provide the following: . Clearer direction on the use of dead end roads within proposed developments in Eagle County. Two new terms, Urban Cul-de-sacs and Rural Cul-de-sacs, are defined. . Provide design standards for Urban Cul-de-sacs. Urban Cul-de-sacs are short dead end roads equipped with adequate fire fighting water, and are proposed to be exempt from the requirement for dual access. This clears a grey area in present-day regulations. . Provide design standards for Rural Cul-de-sacs which, in the event this type oflong dead-end road is approved by the Board, will better assure adequate fire suppression resources. . More concise text for Dual Access requirements Of significance, these proposed amendments to text of the Land Use Regulations do not create new 32 3/14/06 regulations as much as they clarify and refine existing regulations. Dual Access is already required. A variance for projects that do not have dual access is already required. A new definition is proposed, however, which will exempt short "urban" type roads with adequate water and fire service from the dual access requirement. Driveways will also be exempted - a situation which does not currently exist. In short, the proposed changes provide better guidelines, exempt roads where dual access should not be a concern, and elevate the standards for dead end roads where hazards potentially do exist. The Local Fire Authority Having Jurisdiction is provided opportunity to make recommendations on all new proposals. STAFF REPORT A. REFERRAL RESPONSES: This draft regulatory amendment was referred to 280 local, state and federal public and private agencies for review and comment. The following three responses have been received as of this writing: Eagle County Engineering Please refer to the attached memo dated February 21, 2006 Responded with no comment Vail Resorts Development Please refer to the attached e-mail dated February 21,2006 Suggested inserting language on lines two and three, item 4-620.J.1.h so that it would read "two (2) points of ingress/egress to the public roadway system shall be provided, unless prevented by topography or other physical conditions and a variance is granted as provided below, such that in the event a road.... " The Planning Commission agreed with staff that this is not necessary. There may be any number of reasons why a development cannot be provided dual access. In the end, a variance from improvement standards by the BoCC is still required. Eagle River Fire Protection District: Please refer to the attached memo dated February 2,2006 . The proposed amendments adequately address fire department concerns. . The amendments provide clear definition of cul-de-sacs and driveways . Meeting the requirements for an Urban Cul-de-sac will greatly reduce the need for secondary access in those situations . Regarding water service for Rural Cul-de-sacs; if a monitored fire sprinkler system is being considered, it should be coordinated with the local building official as well as the local fire authority. The text has been modified to incorporate the last bullet point above B. ST AFF DISCUSSION: 4. Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.04 Referrals. the proposed amendments HA VE been referred to the appropriate agencies, including all towns within Eagle County, and to the Colorado Division of Local Affairs. 5. Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.05 Public Notice, Public notice HAS been given. 6. Pursuant to Chapter 2, Eagle County Land Use Regulations Section 5-230.B.2 Text Amendment: a. The proposed AMENDS ONLY THE TEXT of the Eagle County Land Use Regulations, and does not amend the Official Zone District Map. No changes to the map are proposed. b. Precise wording of the proposed changes HAS been provided (please see attached). 33 3/14/06 4. Pursuant to Chapter 2, Eagle County Land Use Regulations Section 5-230.D., Standards for the review of Amendments to the Text of the Land Use Regulations, as applicable: STANDARD: Consistency with Comprehensive Plan. [Section 5-230.D.1.] B Whether and the extent to which the proposed amendment is consistent with the purposes, goals, policies and FLUM (Future Land Use Map) of the Comprehensive Plan. Policy 3.8.2.a of the 2005 Eagle County Comprehensive Plan states "Development should avoid areas of significant natural hazard" and includes the implementation strategy "Create incentives and negotiate with land owners and developers to locate development away from hazard areas". The proposed amendment will provide developers with the incentive to design rural projects with safety and access in mind, and will provide the Board with the ability to deny projects that may place future inhabitants at risk as a result of poor access. Policy 3.2A.e encourages "urban and suburban type growth to be located within or immediately adjacent to towns and community centers". Policy 3.2A.h states that "open corridors between towns should be preserved" The proposed text amendment could provide incentives to place future development in the most appropriate locations. This amendment will not result in any change to the Future Land Use Map or its application. [+] FINDING: Consistency with Comprehensive Plan. [Section 5-230.D.1.] The proposed amendment IS consistent with the purposes, goals, policies of the Comprehensive Plan. This text amendment WILL NOT result in any change to the Future Land Use Map or its application. STANDARD: Compatible with Surrounding Uses. [Section 5-230.D.2.] Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land, considering its consistency with the purpose and standards of the proposed zone district. The issue of compatibility is not related to this proposed text amendment. STANDARD: Changed conditions. [Section 5-230.D.3.] Whether and the extent to which there are changed conditions that require an amendment to modifY the use or density/intensity. Lands most suitable for development will grow increasingly scarce as development continues in Eagle County's, and as a result there will be increased pressure to develop lands less suitable and more difficult to access. These amendments will provide clear expectations regarding access and safety for future developments. Conditions have changed and are changing such that the proposed amendments should be considered. [+] FINDING: Changed conditions. [Section 5-230.D.3.] There ARE changed conditions that require an amendment to the text of the County's Land Use Regulations in order to better control future uses and densities/intensities. STANDARD: Effect on natural environment. [Section 5-230.DA.] Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, storm water management, wildlife habitat, vegetation, and wetlands. Effects on the natural environment is not directly related to this proposed text amendment. 34 3/14/06 STANDARD: Community need. [Section 5-230.D.5.] Whether and the extent to which the proposed amendment addresses a demonstrated community need. Designs that provide safe access to and from neighborhoods in the event of an emergency clearly fit the description of a community need. [+] FINDING: Community need. [Section 5-230.D.5.] The proposed text amendment DOES address a community need. STANDARD: Development patterns. [Section 5-230.D.6.] Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern, and not constitute spot zoning, and whether the resulting development can logically be provided with necessary public facilities and services. The proposed amendments could be used to encourage higher densities (on urban cul-de-sacs) in areas where water service is available, and to discourage sprawl and development in more sensitive areas (requiring access by rural cul-de-sacs) of the County. [+] FINDING: Development patterns. [Section 5-230.D.6.] The proposed text amendment MAY result in a more logical and orderly development pattern. It IS NOT related to the topic of spot zoning, but IS related to a determination regarding provision for public facilities and services to future developments. STANDARD: Public interest. [Section 5-230.D.7.] Whether and the extent to which the area to which the proposed amendment would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. This text amendment is not related to any specific land area, or a new use or density. It would seem, however, that a provision to encourage safe access in remote areas of the County, and to discourage sprawl and encourage development in existing community centers, given the stated values of the community as expressed in Eagle County's Comprehensive Plan, is in the public's interest. [+] FINDING: Public interest. [Section 5-230.D.7.] The proposed text amendment IS in the Public Interest. Commissioner Stone moved to table File No.LUR-0061 to amend the Eagle County Land Use Regulations regarding cul-de-sac and access standards until March 21,2006. Chairman Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. LUR-0062 - Landscape Berm Standards Cliff Simonton, Community Development NOTE: REQUEST TO BE TABLED CTION: Amendment of the Eagle County Land Use Regulations to provide standards for earthen landscape berms. 35 3/14/06 LOCATION: N/A Commissioner Stone moved to table File No LUR-0062, Landscape Berm Standards until March 28, 2006. . Chairman Runyon seconded the motion. Of the two voting commissioners, the vote was declared nammous. ZS-00003 Gvpsum Sand and Gravel Phase 3 Jena Skinner-Markowitz, Community Development ACTION: Approval of Phase 3 of a six phase gravel and sand extraction and processing operation. Gypsum Ranch Sand and Gravel, Phase III ZS-00003 / Special Use Permit, Compliance Review Approximately one mile east of the town of Gypsum, north of US Highway 6 and South of the Eagle River Dick Stephenson, Roaring Fork Resources Knight Planning Services Jena Skinner-Markowitz TITLE: FILE NO./PROCESS: LOCATION: APPLICANT: REPRESENTATIVE: STAFF PLANNER: STAFF RECOMMENDATION: Approval with Conditions PROJECT DESCRIPTION Roaring Fork Resources, owner and operator of the Gypsum Ranch Sand and Gravel Pit (Lafarge), has submitted a request for approval to move into Phase III of their six phase gravel extraction and processing operation located north of the Eagle County Airport. Per condition #2 of Resolution 97-146, each new phase of this project requires pproval by the Eagle County Board of County Commissioners through separate resolution. Phase I was approved 1 April of 1999 (resolution 99-47); Phase II was approved in May of2001 (resolution 2001-078). The subject property is a 250 acre parcel that fills the space between Highway 6 and the Eagle River, beginning one mile east of Gypsum and running east approximately 1.2 miles to the western property line of the G.H. Daniels Nursery site. The site is zoned Resource. Historic uses of the land are agricultural, and these uses remain on undeveloped portions ofthe site. Phase I, located at the west end of the property, totaled approximately 25 acres and currently contains all operational equipment and support facilities. Phase II of the project consisted of approximately 18 acres ofland adjacent to the east of Phase I. Phase III consists of approximately 19 acres and is contiguous to Phase II. Each additional phase will open between 16 and 24 acres ofland at a time. In total, 120 of the 250 acres will be subject to mining under the current plan. As the mining operation progresses towards the east, permanent operational facilities will remain on the Phase I site. Offices, scales, a Redi-mix concrete plant, an asphalt plant, parking and maintenance areas, and equipment and fuel storage areas will remain for the life of the project. The crusher machinery and wash plant will move eastward with each phase so as to remain in close proximity to new resource as it is exposed. Overburden materials will be stockpiled on future phase sites and will be used to create screening berms surrounding active operations areas. Stockpiled overburden will then be relocated, as needed, to accommodate reclamation activities, which will be concurrent with development. As detailed in the Phasing Reclamation and Operations Plan (revised 3/28/01), the operator is required to begin restoration and reclamation of the non-operating portions of previous phases within one year of the approval of a new Phase. The excavation of the Gypsum Sand and Gravel Pit is occurring in such a manner as to leave a significant head wall, 20 to 30 feet tall, on all sides of the pit. This, combined with perimeter berming, has resulted in mining and rocessing activities that are, for the most part, below grade and out of view of the public. Also, given the height of e head walls and the large volume of the excavation, storm water incident on the site is 100% contained within the "pit". It is unlikely that any storm water runoff would ever daylight from the site to the adjacent river. 36 3/14/06 SITE DATA Surrounding Land Uses / Zoning: _st: Landscape Nursery Operations / Town of Gypsum est: Historic gravel processing / Industrial orth: Eagle River, 1-70 ROW / Resource South: Highway 6, Airport / Industrial, PUD (Airport) Existing Zoning: Total Area: Water: Resource 250 acres, 120 to be mined; Phase III= 19 acres Bottled imported for drinking, Town of Gypsum domestic line serves the Redi-mix site, other industrial water is obtained from rights to Stremme and Gates Ditch and the Schmidt Gypsum Ranch Springs, augmentation through water contract CRWCD 99-8 Sewer: Access: Underground vault near offices and portable toilets throughout site US 6 via easement across DRGW property. STAFF DISCUSSION/FINDINGS Ten conditions were included for the Gypsum Ranch Sand and Gravel Pit Special Use Permit, ZS-00003. These conditions are set forth in Resolution No. 97-146. Following is a list of the conditions with the Applicant's response to each condition, and Staffs analysis ofthe same: 1. This Special Use Permit supercedes the Uses by Right in the Resource Zone District except as may be approved by the Board of County Commissioners through the Special Use Permit process; provided that agricultural uses and the existing dwellings, utility distribution facilities and water diversion structures/ditches as shown on the Site Plan shall be considered to be a part of this Special Use Permit. The Site Plan referred to herein is dated May 27, 1997 and is attached hereto as Exhibit D and incorporated herein by this reference. Applicant Response: Only the allowed uses noted above are occurring on Phase III and the (past and) future phases of the project. Staff Analvsis: The Applicant has submitted an updated Site Plan that reflects current layouts and conditions (Exhibit A). Staff has confirmed that only those uses allowed are occurring on the site. The Applicant is in compliance with condition #1. 2. This Special Use request is granted with the provision that the applicant adhere to the Site Plan and to the Phasing, Reclamation and Operations Plan dated July 9, 1997, and the Review Checklistfor Approval of Movement onto a Subsequent Phase, respectively Exhibits 'B' and 'c' hereto. Applicant Response: The applicant is in substantial compliance with the Site Plan, the Phasing Reclamation and Operations Plan dated July 9, 1997, and the Review Checklist. The attached checklist has been completed to the extent possible indicating the information that can be completed prior to an inspection ofthe site by County staff. Supporting documentation is attached to this letter for the items which have been checked. A number of the items on this list will need to be completed and approved by staff through an on-site inspection. Staff Analvsis: Using the Review Checklist as a guide, Staff conducted the required site visit on February 8th, 2006, in addition to a preliminary site visit on November 14th, 2005. The applicant has provided the applicable information and the Review Checklist has been completed. It has been determined that the Applicant is in compliance with condition #2. 3. The applicant must provide acceleration/deceleration and turn lanes on Highway 6 prior to commencing operations on the site using this Special Use Permit. 37 3/14/06 Applicant's Response: The improvements noted above were in place prior to commencement of operations on Phase 1 of the project in 2000. These improvements have been previously inspected and approved by the Eagle County Engineering Department. Staff Analysis: The Applicant is in compliance with condition #3. 4. The applicant must obtain the following permits and approval of agency having jurisdiction of the following plans, and copies of these permits, plans and approvals must be submitted to Eagle County Planning Division before beginning site preparation or other activities pursuant to this Special Use Permit on the site: . State Highway Access Permit . Railroad Crossing Permits . Storm Water Management Plan . Silt and erosion controls . MLRB/DMG Mining Permit . Fire Protection Plan . Spill Prevention and Control Counter Measures . Air Emission Permit . Fugitive Dust Control Plan/Permit Applicant's Response: Copies of the permits and approvals as referenced above were submitted to the County for the Phase 1 review process. Staff determined that the applicant had demonstrated compliance with the necessary permitting requirements. The Spill Prevention Plan and the silt and erosion control plans were included in the final site drawings for the project, and have also been previously approved by staff. The Fire Protection Plan was included as Section IX of the Phasing, Reclamation and Operations Plan dated 7/09/97. These latter items have not been resubmitted. Staff Analysis: Current permits and approvals have been submitted and are in order. The Applicant is in compliance with condition #4. 5. The applicant must hard-surface the entrance road from Highway 6 to the scales before beginning operations pursuant to this Special Use Permit. Applicant's Response: The entrance road from Highway 6 to the scales has been hard-surfaced as noted and this road is being maintained in good operating condition. Staff Analysis: Confirmed by site inspection, the applicant is in compliance with condition #5. 6. Operations on the site must comply with the Eagle County Industrial and Commercial Performance Standards (Section 2.07.07) or any applicable more stringent or additional performance standards which may subsequently be adopted by the County, specifically but not limited to the following: . Noise from all on-site sources and from truck hauling shall not exceed the performance standards contained in State noise statutes or the following County standard, whichever is more restrictive. The use shall be operated so that the volume of sound generated does not inherently or recurrently exceed 60 decibels with a maximum increase of 5 decibels permitted by a maximum of 15 minutes in anyone hour at any point of the property boundary line. . The use shall be so operated that the ground vibration inherently and recurrently is not perceptible, without instruments, at any point on the property line. There shall be no blasting on the site. . The use shall be so operated that it does not emit an obnoxious or dangerous degree of heat, glare, radiation, or fumes beyond the property line. 38 3/14/06 . Fuels, chemicals, and other material shall be stored in such a way as to prevent or contain accidental spills onto the ground. Such storage shall comply, as a minimum, with applicable state and federal regulations. . No materials or wastes shall be deposited upon the property in such form or manner that they may be transferred off the property by natural causes or forces. . All materials or wastes which might cause fumes or which constitute a fire hazard or which may be edible by or otherwise attractive to rodents or insects shall be stored outdoors only in closed containers. . No dust, noise, odor, glare or vibration shall be projected beyond the permit area. . Every use shall be so operated that meets State Air Quality Standards. Applicant's Response: The applicant has been in compliance with the Eagle County Commercial and Industrial Performance Standards throughout the Phase 1 and Phase II operations on the Gypsum Ranch site and will continue to comply with these standards with the Phase III operation. Around the time Phase 1 began operations in 1999, Eagle County passed a new set of Land Use Regulations. The Commercial and Industrial Performance Standards in the new regulations are set out in Division 4-5. A comparison of these standards in the two sets of regulations indicates that there are no substantial differences in the content between the two, and the applicant will continue to comply with the applicable standards as noted above. Staff analvsis: Staff agrees. Code enforcement activities have been nil over the past 4+ years. Staff has determined that the Applicant is in compliance with condition #6. 7. This permit will expire without further action on June 1,2008. Applicant's Response: Understood. Staff analvsis: Condition #1 of Resolution 99-47, Permit to Proceed with Phase 1, reads: "Consistent with approval conditions #2 and #7 (Resolution 97-146), the lifetime of the Special Use Permit is now less than 10 years and is set to expire June 1,2008. A realistic phasing plan identifying the June 1, 2008 expiration date shall be completed and reviewed as part of the compliance review that will occur prior to commencement of operations on Phase 2". While information submitted by the applicant acknowledges June 1,2008 as the expiration date ofthe existing Special Use Permit, the Phasing, Reclamation and Operations Plan has not been modified to reflect a termination of gravel operations at that time. It is "realistic" to assume that, upon expiration, the operator will apply for an extension of operations through a new special use permit and, if approved by the BoCC, will be allowed to continue with the existing 20 year phasing plan. As such, and given the Applicant's printed acknowledgment of this termination date, Staff can find that the current application complies with condition #7. It is noted, however, that application for approval for that future phase which would precede and/or include the 2008 termination date should require a more detailed analysis of how operations on the site would end should a new special use permit not be granted at that time. 8. When submitting its design of subsequent phases of development of the property, the applicant must provide for locations for a bike path crossing the property to conform to the County Trails Plan and river access. Applicant's Response: 1 have attached the portion of the County Trails Plan applicable to the area adjacent to the Gypsum Ranch, as Exhibit 'C'. As you will notice, there are two approved alternatives for a bike path through this area and neither ofthese alternatives crosses the Gypsum Ranch property. The primary route for this path between Gypsum and Eagle is north of the Eagle River, and south of or sometimes within the 1-70 right-of-way. The purpose for the location of the path here as the prime 39 3/14/06 ~ alternative is due to the location of the Eagle County Fairgrounds property at the eastern end of this segment, also north of the Eagle River. As will be noted in the current Fairgrounds Master Plan, paths are shown crossing the entire Fairgrounds property with a connection for the remaining segments at the west end. This preferred alternative is situated north of the Eagle River for the entire route, and does not contemplate a crossing of the river. The second alternative for a bike path between Gypsum and Eagle is south of Highway 6. As stated in the plan, "this alternative is not as continuous as Alternative A (north of the river) nor is it as separated from vehicular traffic, but it may prove to be more achievable in terms of construction and acquisition." Thus, with two viable locations for the path in the approved County Trails Plan outside of the Gypsum Ranch project boundary, a third and less viable alternative does not seem reasonable at this time. Staff Analvsis: Staff would agree with the applicant's position, and finds plans submitted in compliance with condition #8. 9. Before beginning any operations pursuant to this Special Use Permit, Applicant must enter into a written agreement for the relocation and diversion of the Stremme-Gates ditch. Although the County will not necessarily enforce the agreement, Applicant's performance of that agreement shall be a condition of the permit. Applicant's Response: A written agreement, signed copy attached, was completed with the adjacent owner and user of the Stremme-Gates ditch prior to Phase I approval. The ditch has been relocated as shown on the exhibit to the agreement and has operated with no problems since it's relocation. The next phases of the operation will have no effect on the continued operation of this ditch. Staff Analvsis: The above referenced agreement is noted, as is the fact that operations on Phase II will not effect the continued operation of this irrigation ditch. Plans submitted are in compliance with condition #9. 10. In-basin water augmentation, above the take-out in the Eagle River, should occur ifit becomes available and feasible. Applicant's Response: Attached is a copy of an approved Water Rights Application, 97-CW-099, which addresses this issue. This application was signed by the district water judge on July 7, 1999 and allows for augmentation water to be provided from a number of sources. Included among these sources is in-basin supply from the Eagle Park Reservoir. Also attached is a copy of the current Water Supply Contract between the applicant and the Colorado River Water Conservation District. The District administers contracts for the Eagle Park Reservoir. Staff Analvsis: The Applicant has provided evidence that a contract for water in Eagle Park Reservoir does exist, and would be able to supply in-basin augmentation should a call originate from downstream on the Eagle River. The Applicant is in compliance with condition #10. STAFF RECOMMENDATION Staff is in agreement with the Applicant that the 10 a.pproval conditions required by Resolution 97 -146, Approval of Special Use Permit ZS-00003, for Gravel Extraction and processing for the Gypsum Ranch Sand and Gravel Pit, have been or are currently being met. _IISCUSSION: 40 3/14/06 Ms. Skinner-Markowitz presented the applicants request to move into Phase III of their six phase gravel extraction and processing operation located north of the Eagle County Airport, each new phase of this project requires approval by Eagle County Board of County Commissioners. The PowerPoint presentation included aerial hotos of the site and various photos of the equipment used in the excavating process. She indicated that all staff 'ndings were positive and staff recommended approval. Commissioner Stone moved the Board of County Commissioners approve the request for a Permit to ProceedJor Phase III, Gypsum Ranch Sand and Gravel Pit, File No. ZS-00003, with the following conditions: 1. Except as otherwise modified by this approval, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. That the Board of County Commissioners shall be immediately notified of any changes in or to the existing water augmentation plan (Water Supply Contract CRWCD 99-8). Chairman Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. AFP-00228 Bachelor Gulch Villa2e Filin2 4. Lot 107 Jena Skinner-Markowitz, Community Development ACTION: To amend the existing building envelope and no build area on Lot 107; to create a driveway envelope; and to modify a previous plat note. LOCATION: Bachelor Gulch Village Filing 4; Arrowhead at Vail PUD, Edwards TITLE: 'ILE NO./PROCESS: ......OCATION: OWNERS: APPLICANT: REPRESENTATIVE: Bachelor Gulch Village Filing 4, Lot 107 AFP-00228; Amended Final Plat 0494 Horizon; ArrowheadlEdwards AGR Colorado 107, LLC C/o Concorde Investments, Inc. Owner Gerry Amold; Vail/Arrowhead Inc STAFF RECOMMENDATION: Approval PROJECT DESCRIPTION SUMMARY: The intent of this plat is to modify the existing building envelope for Lot 107. In order to accomplish this goal, the existing envelope shall be vacated, in order to create the new envelope. According to the applicant, the amendment is necessary in order to ensure that construction activities are minimal on areas of the lot which may be near a geologically sensitive area; the Bachelor Gulch DRB supports this modification. SITE DATA: Surrounding Land Uses / Zoning: East: Unplatted / Arrowhead at Vail PUD West: Unplatted / Arrowhead at Vail PUD North: Unplatted / Arrowhead at Vail PUD South: Unplatted / Access: Roadway Easement / Arrowhead at Vail PUD Existing Zoning: otal Area: Water: Arrowhead at Vail PUD 8.605 acres Public 41 3/14/06 Sewer: Access: Public Via access/road easement from Horizon ~TAFF FINDINGS: ursuant to Section 5-290.G.3. Standards for Amended Final Plat: a. Adjacent property. Review of the Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. All surrounding lands are owned by Vail Arrowhead, the owner's representative. b. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed amendment IS consistent with the intent of the Final Plat. Originally platted in 2000, the intent of the original plat was to create Bachelor Gulch Village Filing 4, consisting of (two) 2 residential lots- Lots 107 and 108. In 2004, Lots 107 and 108 were combined into one lot- Lot 107; the residential intent of th is plat has not change and the building envelope on Lot 107 remains in the same general location as originally platted. c. Conformance with Final Plat Requirements. Review of the Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. d. Improvement Agreement. DOES NOT apply. e. Restrictive Plat Note Alteration. DOES NOT apply. DISCUSSION: Ms. Skinner-Markowitz presented a PowerPoint presentation. The visuals included various photos of the site and three-dimensional aerial photos of the ridgeline. The applicant wishes to modify the existing building nvelope and create a driveway easement. In order to accomplish this goal, the existing envelope shall be vacated, In order to create the new envelope. According to the applicant, the amendment is necessary in order to ensure that construction activities are minimal on areas of the lot which may be near a geologically sensitive area. Chairman Runyon opened public comment. There was none. Commissioner Stone moved to approve File No. AFP-00228, Bachelor Gulch Village Filing 4, Lot 107, incorporating the Staff findings and authorize the Chairman to sign the plat. Chairman Runyon seconded the motion. Of the two voting commissioners, the vote was declared unammous. -.-. There being no furtber bu~iness""'fore tbe Board, the meeting was adjourn~ Marcb 21. 2006. Clerk to the Board 42 3/14/06