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HomeMy WebLinkAboutMinutes 04/16/07 PUBLIC HEARING April 16, 2007 Present: Am Menconi Sara Fisher Peter Runyon Bruce Baumgartner Bryan Treu Kathy Scriver Chairman Commissioner Commissioner County Manager 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: Executive Session It was moved, seconded and unanimously agreed to go into Executive Session for the purpose of receiving legal advice on the Homestead sidewalk funding request, the McNulty Ranch conservation easement, and the open space tracts at Berry Creek,-whi~har~appmpriat~-t()piGfl-fot-disGussion-pUI"suant-to-C.R.S,-24=6402(A-)(b)-and(e-}---~ Colorado Revised Statutes. It was moved, seconded and unanimously agreed to adjourn from Executive Session. Resolution 2007-034 declaring the week of April 16-23, 2007 "Earth Awareness Week" Ray Merry, Environmental Health Mr. Merry introduced the resolution. The resolution set the stage for the anl1ua1 Earth Day poster contest for fourth grade age kids. April 22, 2007 marked the thirty seventh anniversary of the first Earth Day, a day established to increase people's awareness of the environment and the effect their actions have on the environment.. Commissioner Fisher read the resolution aloud. Commissioner Fisher moved to approve resolution 2007-034 declaring the week of April 16-23, 2007 "Earth Awareness Week" Commissioner Runyon seconded the motion Consent Agenda Chairman Menconi stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of April 15, 2007 (subject to review by the Finance Director) Finance Department Representative B. Approval of the minutes of the Eagle County Board of Commissioners meeting for February 27, March 13, March 20 and March 27, 2007 Teak Simonton, Clerk & Recorder C. Agreement between Eagle County and Summit County concerning ajointRetired and Senior Volunteer Program (RSVP) Kathleen Forinash, Health & Human Services D; Agreement between Eagle County and Darlene Hoffman to provide mental health and family parenting servIces Kathleen Forinash, Health & Human Services 1 04/16/07 E. Agreement between Eagle County and Valley View Hospital Association to establish duties and responsibilities of and provide reimbursement for Eagle County Public Health Officers Kathleen Forinash, Health & Human Services F. Resolution 2007-035 concerning appointments to the Eagle County Regional Transportation Authority Eco Transit Representative G. Resolution 2007-036 concerning appointments to the Basalt Regional Library District Board of Trustees County Attorney's Office Representative H. Resolution 2007-037 concerning appointments to the Eagle County Zoning Board of Adjustment Community Development Representative I. Resolution 2007-038 concerning appointments to the Roaring Fork Valley Regional Planning Commission Community Development Representative J. Resolution 2007-039 concerning appointments to the Eagle County Building Board of Appeals Community Development Representative K. Resolution 2007-.;.040 concerning appointments to the Eagle County Planning Commission Community Development Representative L. Awatd Recipient Agreement between Eagle County Youth Conservation Corps and the National Forest Foundation Ski Area Contribution Program Sharee Wettstein, Youth Conservation Corps M. Lease agreement between Eagle County and Crawford Properties,. LLC. for open land on which to build a Road & Bridge satellite shop in El Jebel Facilities Management Representative N. Agreement between Eagle County and KECI Colorado Inc. for construction of bridge over Skillman Gulch as partofthe Eagle to Gypsum Trail Ellie Caryl, EcoTrails o. Resolution 2007-046 for the approvalofa 1041 Permit to allow the second enlargement of Black Lake No. I; located on the south and west side of the Vail Pass summit (Eagle County File No. 1041-0068) Bob Narracci, Community Development Chairman Menconi asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated there were no comments. Commissioner Runyon moved to approve the Consent Agenda, Items A-O. Commissioner Fisher seconded the motion. The vote was declared unanimous. Citizen Input . There was none McNulty Ranch Open Space Question Lisa DeGraaf, Community Development 2 04/16/07 Ms. De Graaf presented a PowerPoint presentation, which gave an overview of the proposal. The property is currently a 908-acre working ranch located in both Garfield and Eagle County. 466 acres are in Eagle County, which is what the request is for the conservation easement. The property was homesteaded in 1884 and the owners would like to continue to run cattle and produce hay on the property. The access to the property is from Upper Cattle Creek Road and no public access is being proposed. Ownership would remain with the McNulty Family and Aspen Valley Land Trust holding the conservation easement. The requested funding amount from the open is $1,926,540 ($4,134 per acre). She presented the Open Space Advisory Committees criteria as presented in her staff report. She explained the additional project considerations and the urgency to preserve the property. The family desires to keep the ranch in the family and continue its use a~ a working ranch, but they are finding it difficult to provide upkeep and/or improvements. The benefits of the project will be local in nature. The property will remain in private ownership, and all maintenance costs will be the responsibility of the property owner. Monitoring costs associated with the conservation easement will be the responsibility of the Aspen Valley Land Trust. Chairman Menconi stated that the meeting would be considered a hearing. The board had a presentation frOm Aspen Valley Land Trust once before, a site visit was done and public comment was heard on the file in EI Jebel. The file is before the board for funding consideration. . Shannon Meyer, Aspen Valley Land Trust spoke. She presented a map of the property and the easement boundaries. She explained the 2006 proposal highlights and changes. The total value of the easement is $3,016,300 and the landowner is donating $985,000 (32.6% of easement value). The Aspen Valley Land Trust & the Nature Conservancy are putting in $105,000, which is notable because A VL T rarely provides funding. They do between 20-40 easements a year and 99% are donated conservation easements. It is only in very rare cases where a property is SO special and the needs of the landowners are such that funding is necessary that they would allocate funding towards a project. The appraisal that they based all the values on was froll} August of last year. She estimates a much higher appraisal for the year 2007. She stated that the easement conserves important wildlife habitat, preserves scenic views and preserves agricultural land. Although the property is not visible from Hwy 82 like the Grange project is it is visible to all those that recreate on Basalt Mountain and Cotton Wood Pass. Additional benefits include preservation of important riparian corridors and it would prevent further over-allocation of Cattle Creek water as well as preventing urban sprawl. She presented several photos of the area. She stated that there was a lot of community support. Wendy McNulty thanked the board for their consideration. She stated that over the years she had given the easement a lot of consideration. Her husband's family was the original owners ofthe property. She has managed to maintain and keep the ranch as a ranch and not sell the land off to development. They want to keep the ranch and manage their personal debt. She does not understand why an approval is not a no brainier. She would like a final decision soon and encouraged the board to grant the easement. Chairman Menconi opened and closed public comment was opened and closed as there was none. Commissioner Runyon stated that if there were illl infinite amount of money available it would be a no brainier. He agrees with the criteria of the ranching heritage but does not agree with the criteria related to maintaining wildlife habitat. He believes that the board will continue to have requests for the funds greater thanwhat is available. He wondered if the. applicant had applied for Great Outdoors Colorado money. Ms. Meyer stated that they had not applied for the funds. GOCO was looking at counties that didn't have open space programs. Commissioner Runyon wondered if the agricultural irrigation used more water through evaporation from the water table than any 18 homes on the property. Ms. Meyer stated that when land goes out of irrigation it's a major impact down stream because water goes back in through run off. It has a dramatic impact on downstream ranches and riparian areas when the water is consumptively used rather than flowing through the land and back into the creek. . Ms. McNulty stated that water used for irrigation returns to the land whereas development uses the water and this water is not.returned. Chairman Menconi stated that this was a difficult decision. Although there was not going to be a final decision made today he'd like to make a decision to continue. He believed that this open space purchase is worth preserving for all of the reasons that were articulated. He understands there is urgency. He has seen other opportunities and there are more requests than there is money. He would like to move forward but it will take time and he asked the applicants for their patience. If he had to make a decision today, he would approve 1.2 million dollars. 3 04/16/07 . Ms. McNulty wondered why the Grange property was a no brainier. She wondered if there were something they could dolo make the decision easier. Chairman Menconi stated that there was mu1ti-jurisdiction support for the Grange property. There Were a great deal of matched funds. He doesn't believe it's fair to be judged on a decision that's not yet been made. He would be willing to contribute 1.2 million dollars today and continue writing letters and finding dollars from other governmental agencies in order to find the remaining match. Commissioner Fisher asked about the 135 acres that were donated to Garfield County's open space Ms. Meyer stated that those were easements donated by the family to the Aspen Valley Land Trust in Garfield County. The value of the first easement was $550,000 and the second was $640,000. It was the same per acre value on the easement as the fair market value of the McNulty easement. Commissioner Fisher asked how many cattle were currently running on the property and if there wou1dbe more in the future. Ms. McNldty stated that she could run 150 head on the property. Commissioner Fisher wondered if there were any future intensions of subdividing any of the property not included in the conservation easement. Ms. McNulty stated that their preference was to eventually have the entire ranch protected under a conservation easement in the end. Ms. Meyer stated that the overall plan for the whole ranch is 4 homes total in Eagle and Garfield with an overlay conservation easement on the whole property. Commissioner Fisher wondered what happens to property once used for hay production when it is no longer irrigated. Ms. Meyer stated that when most land is converted from agricultural to development or pre-development there is no one taking care of it and that is why they get the weed influx. Commissioner Fisher asked if money had been set aside for the A VL T to monitor the easement. Ms. Meyer stated that they get a $6,000 monitoring endowment on every easement. Commissioner Fisher stated that she understands the family's desire to maintain the heritage of the property. She did not have the responsibility as a commissioner to talk about the other conservation easements that had been approved by the board. She sees the dollar amount as being quite substantial. This is currently the only request before the board. She would be in favor of expending the funds as requested for $1,926,540 million for the 466 acres. She would like the applicants to consider forging a relationship with local school and provide an opportunity for students to experience a working ranch. For her it's a no brainier. Commissioner Runyon asked Ms. Meyer if the $700,000 additional dollars needed were unobtainable. Ms. Meyer stated that timing wise granting agencies have their granting cycles. The grant cycle for the spring had passed. The next option for outside funding would not come until next November at which point there is no telling what the price of the easement would be. She wondered if the board would like to consider purchasing fewer acres. They would like to conserve as much property as possible. Commissioner Runyon asked interms of the smaller acreage wbich part of the property would she be referring to. He wondered if it would be the lower land. Ms. McNulty' reiterated her desire to some day have the entire ranch under a conservation easement. Chairman Menconi stated that he is not negotiating. He is trying to preserve as much land with the dollars available. Eagle County has 1.2 million to put towards the conservation easement and he would like to work towards finding additional funding in the next 60 days. Ms. Meyer stated that it would certainly help to have an answer from the county as to what their funding parameters area. The next route would be to go the GOCO in their fall cycle, which would be the next best opportunity. They had checked with wealthy neighbors and their response was to get the funding from Eagle County. Commissioner Fisher stated that the fundraising would need to continue in order for the McNulty's to conserve the additional 300 acres. She stated that she had shared her point of view and is ready to vote so that the McNulty's can get back to doing the work they do on their ranch. Chairman Menconi stated that he is not ready to vote but would like to continue working towards a resolution. Commissioner Runyon stated that he would like to hold his decision for one week. He doesn't agree with the visual buffer because the property is surrounded by non-ranchland. He is leaning in favor but asked for the applicant's indulgence for one more week. 4 04/16/07 Commissioner Runyon moved to table the Boards decision for one week. Commissioner Fisher seconded the motion. Commissioner Fisher moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Runyon seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals \ A. Diamond Five, Ltd. d/b/a Coyote Cafe' , this is a renewal for a Hotel and Restaurant Liquor License in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. B. Moe Mentum, LLC d/b/a Moe's Southwest Grill This is a renewal for a Hotel and Restaurant Liquor License in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. C. Rink Productions, Inc. d/b/a Rink Productions This is a renewal for a Optional Premise (stand alone) Liquor License in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. D.~Gore Range Brewery, LLC d/b/a Gore Range Brew Pub This is a renewal for a Brew Pub Liquor License in Edwards. There have been no complaints or ,disturbances in the past year. All the necessary fees have been paid. Other Consent .. E. CNSC~ Inc. dlb/aMain Street Grill Approval of Order Approvin~~tipu1ation and Setting Penalty F. The Rumpus Room, Inc. d/b/a The Rumpus Room Approval of Stipulation, Agreement and Order G. Dusty Boot, LLC d/b/a Dusty Boot Saloon This is a manager's registration for the Dusty Boot Saloon in Beaver Creek. Dusty Boot, LLC wishes to register Alex Beck as its new Manager. Mr. Beck is reported to be of good moral character, and the necessary fees have been paid. H. Beaver Creek Food Service, Inc. d/b/a Holden's Restaurant This is a request to change trade name. Beaver Creek Food Service, Inc wishes to change Holden's trade name to Rendezvous Club. The necessary forms have been submitted and appropriate fees paid. I. Flexible Restaurants, Inc. d/b/a Vista at Arrowhead This is a request for a temporary permit. Flexible Restaurants, Inc. has applied for the transfer of a Hotel & Restaurant liquor license currently held by CML Restaurant Management Company d/b/a Palling Creek. The applicant seeks a temporary permit in order to continue liquor operations until the formal transfer is approved. The necessary forms have been submitted and appropriate fees paid. 5 04/16/07 Ms. Scriver stated that Shawn Boris was presen:t and available to answer any questions that the board may have concerning Item I on the consent agenda. Commissioner Fisher asked Ms. Boris if they were making any changes to the restaurant. Ms. Boris stated there would be no changes. Commissioner Fisher asked if they would be taking on many of the staff previously employed by the licensee or coming on with their own crew. Ms. Boris stated that they would be closing their Avon location and taking their staff with them. Commissioner Fisher asked if an alcohol management plan had been submitted with their application and if their staff was currently server trained. Ms. Boris stated that an alcohol management plan had been submitted and that she and her husband were currently TIPS certified. They have asked their staff to get their training by May 15. They expect to open the restaurant by the end of May. All new employees will be required to get server trained within 30 days oftheir hire date. Commissioner Fisher encouraged Ms. Boris to have new employees become TIPS certified prior to serving alcohol. Commissioner Runyon moved that the Board approve the Liquor Consent Agenda for April 16, 2007, consisting of Items A-I. Commissioner Fisher seconded the motion. The vote was declared unanimous. Commissioner Runyon moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Fisher seconded the motion. The vote was declared unanimous. Other Planning Files There were no planning files There being no further business before t4~~,9,ilrd, t~e meeting I. f;,'~" ~ ' Attest:~ . .,'~' Clerk to the Boar 6 04/16/07