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HomeMy WebLinkAboutMinutes 04/12/11 PUBLIC HEARING April 12, 2011 Present: Jon Stavney Chairman Peter Runyon Commissioner Sara Fisher Commissioner Keith Montag County Manager Bryan Treu County Attorney Teak Simonton Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Stavney stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of April 11, 2011 (subject to review by the Finance Director) Finance Department Representative B. Approval of Payroll for April 21, 2011 (subject to review by the Finance Director) Finance Department Representative C. Assignment of Shares of Eagle Park Reservoir Company Stock to Eagle County County Attorney's Office Representative D. Property Inventory and Disposition Statement between Eagle County and the Colorado Department of Health and Human Services Rosie Moreno, Health & Human Services Chairman Stavney asked the Attorney's Office if there were any changes to the Consent Agenda. There were none. Commissioner Fisher moved to approve the Consent Agenda, Items A -D. Commissioner Stavney seconded the motion. The vote was declared unanimous. Citizen Input Chairman Stavney opened and closed citizen Input, as there was none. Commissioner Runyon moved to adjourn as the Board of County Commissioners and re- convene as the Eagle County Liquor Licensing Authority. Commissioner Fisher seconded the motion. The vote was declared unanimous. 1 04/12/2011 Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Grill at Singletree, LLC d/b /a Balata #12 -56479 -0000 This is a renewal of a hotel and restaurant license with 12 -Opt. Premises (golf course) in Edwards. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. B. Willrain, LLC d/b /a Rimini #42 -54334 -0002 This is a renewal of a tavern license in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided C. Beaver Creek Food Service, Inc. d/b /a Saddleridge at Beaver Creek #04- 86494 -0000 This is a renewal of a hotel and restaurant license in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. D. Malibu, LLC d/b /a Malibu Restaurant & Bar #15- 72176 -0000 This is a renewal of a hotel and restaurant license in El Jebel. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. E. Daniel's Foods, Inc. d/b /a Mirabelle at Beaver Creek This is a renewal of a hotel and restaurant license in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. Commissioner Fisher moved that the Board approve the Liquor Consent Agenda for April 12, 2011 consisting of Items A -E. Commissioner Runyon seconded the motion. The vote was declared unanimous. APPLICANT: Friends of Mountain Rescue, Inc. REQUEST: Special Events Permit EVENT: Members Annual Banquet DATE: Saturday — June 18, 2011 REPRESENTATIVE: Tim Cochrane and Stephanie Samuelson, Event Manager(s) LOCATION: Eagle River Center, 794 Fairgrounds Road - Eagle STAFF REPRESENTATIVE: Kathy Scriver CONCERN: None DESCRIPTION: The applicant has requested a permit for a banquet being held at the Eagle Event Center on June 18, 2011. Beer, wine and mixed drinks will be available for purchase. Moe's Original BBQ will cater the food. Security will 2 04/12/2011 • be provided by the Eagle County Sheriff's Office. The applicant expects about 200 attendees (per lease agreement). Alcohol will be served from 5 -11:30 p.m. STAFF FINDINGS: 1. This application is in order, all requirements have been met, all necessary documents have been received, and all fees have been paid. 2. Public notice was given by the posting a sign in a conspicuous place on the premises on April 1, 2011, 10 days prior to the hearing. 3. No protests were filed in the Clerk and Recorder's Office. 4. The applicant has provided proof of server training and an alcohol management plan. STAFF RECOMMENDATION: All findings are positive and staff recommends approval. DISCUSSION: Ms. Samuelson explained the request. They were trying to make the event less expensive. Commissioner Runyon asked about the sponsoring entity. Mr. Samuelson explained that the organization started in our valley. The majority of the group was volunteers. The Friends of Mountain Rescue was associated with Vail Mountain Rescue. The National Organization included people from all over the country. She invited everyone to attend and support the group. Commissioner Fisher commended them for their efforts. Commissioner Fisher moved that the Local Liquor Licensing Authority approve the permit for the Friends of Mountain Rescue event being held on June 18, 2011, 4:30 to 11:59 p.m. at the Eagle River Center. Commissioner Runyon 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. Open Space Advisory Committee Recommendation on the Seago Parcel Diane Mauriello, County Attorney's Office Clifford Simonton, Planning Title: OSAC Recommendation, Request for Funding, Seago Property Open Space Owners: Ralph and Sherrie Seago Location: On the west edge of the Town of Eagle at the confluence of Brush Creek and the Eagle River, that portion of the property that borders the creek and river. Date: April 12, 2011 Representative: Cliff Simonton, Eagle County Community Development A. Background and Project Overview 3 04/12/2011 In early 2006 Eagle County and the Town of Eagle began working with Ralph and Sherrie Seago in private negotiations to determine if a price could be agreed upon for the purchase of their property, which is located across the Eagle River to the south from the County Fairgrounds and which provides a possible route for a second access point to Fairgrounds amenities. The Seago property is approximately seven (7) acres in size, and has been used as an auto salvage yard for over 30 years. The property borders both Brush Creek on its western flank and the Eagle River to the north. While close to the western edge of the Town of Eagle, the property is in unincorporated Eagle County. The zoning is Rural Residential, and the salvage yard is a grandfathered non - conforming use. Placing the property under public ownership would allow public access to Brush Creek and the Eagle River, and would provide the possibility of path connecting Eagle Ranch public open spaces to the Fairgrounds. The Town of Eagle has been interested in removing the salvage yard land use from its western gateway, and has acknowledged the potential value of the property as open space. Of additional benefit, the Town would likely agree to provide public access to Town property on the west side of Brush Creek and to the southern bank of the Eagle River adjacent to the town's water treatment site. These areas presently are not open to the public for fishing. Recently the Seagos and the County reached an agreement for a price, and the County now has a contract to purchase the property, with help from the Town, pending removal of all salvage yard improvements and materials from the site and a recommendation by the Citizens Open Space Advisory Committee for the use of open space funds, which is the subject of this report. Those funds will be used to purchase the portion of the property that will be preserved as open space. The Town of Eagle has agreed to contribute money from its open space fund, again just for that portion of the site to remain in open space. Preliminary road alignment work by the Eagle County Engineering Department for a route to a bridge to the Fairgrounds indicates a number of possible options, all of which occur on the upper bench area (eastern side) of the property. It would appear by these studies that at least 65% of the seven acres will qualify as functional open space even after a road has been constructed, regardless of its alignment, which is still many years away. For the purpose of this report and this project, "functional open space" is defined as lands in a natural or reclaimed condition that would exist between a Fairgrounds access road ROW and Brush Creek, and any lands in a natural or reclaimed condition along the southern bank of the Eagle River that could be accessed from lands west of the Fairgrounds access road ROW. Once salvage yard improvements and materials have been removed, disturbed soils on the property will be scarified and revegetated with an appropriate seed and fertilizer mix. There may be other steps necessary to reclaim the land to a viable open space condition. A budget estimating the cost for the reclamation of the property has been assembled and is attached to this report. Uses proposed for the open space portion of the property will include fishing, hiking and sightseeing. A small parking lot to support these uses may also be constructed. As discussed earlier, that portion of the property not in open space to the east will accommodate the future road and bridge abutment, providing a second access point to the Fairgrounds. Construction of a road to the Fairgrounds is not anticipated for a many years. Approximately 1.5 acres will also be available for development outside the proposed ROW in the north east corner of the property. No use has yet been identified that would be appropriate for this area. B. Land Description The Seago property is shaped like a wide topped shoe, with the sole facing north and the toe facing west. The seven acre property has been used as a salvage yard, with attendant residential, office and support industrial uses located in the north eastern corner of the site, since the 1970's. Portions of the property are visible to commuters on US Highway 6 from a number of locations as they approach Eagle from the west, although the elevated railroad platform in this area provides some screening. The site is very visible from portions of I -70 across the valley to the north, and from the County Fairgrounds property, located closer in to the north. Access to the site is via Violet Lane, which begins at the western Town of Eagle roundabout, crosses the railroad tracks and then travels on the south edge of the property towards the Town's water treatment facility. 4 04/12/2011 The land slopes generally west, and is divided into an upper bench to the east and a lower bench on the west. The western edge of the property follows the centerline of Brush Creek as it flows toward the Eagle River. To the west is property owned by the Town of Eagle which supports the Town's wastewater treatment plant. Along the north side of the property is the Eagle River. Purchasing this property will open up 3600 feet of stream and river bank to the public (assuming the Town will allow access to the western bank of Brush Creek and the southern bank of the Eagle river adjacent to their treatment facility). The lower bench of Seago's property that is proposed to be preserved as open space has been measured at 4.3 acres, and there is additional Eagle River riparian habitat and frontage that measures approximately 0.3 acres located east of a future road alignment to the Fairgrounds. In essence, 4.6 acres would serve as functionally interconnected open space on the property. This represents approximately 65% of the total acreage, a best estimate as discussed earlier in this report. The riparian zones on the property are in generally good condition, as the owner has attempted to keep salvage yard activities away from the stream and the river's edge. Additional trees and plant material could be introduced in some areas, especially along Brush Creek. As part of the purchase, the County and Town have agreed to work cooperatively to restore and enhance the riparian environments along both frontages. Wildlife maps indicate potential use by deer and bald eagles, and because both Highway 6 and the railroad cross Brush Creek on bridges, the stream corridor likely serves as a travel route for a variety of wildlife species. In addition, the confluence of substantial streams like Brush Creek with larger river systems are very important in the life cycles of fish, who frequently move into tributary channels to spawn in the spring and fall. A Phase II Environmental Site Assessment was conducted on the property with findings published on March 23, 2011. The study noted a contaminated area on the upper bench associated with an oil sump, and the possibility of some small spots of surface contamination on the lower bench. Recommendations for clean -up were provided, and the County has proposed a budget (attached to this report) to accomplish the related tasks. As you'll note, a portion of that budget is proposed to come out of open space funds. C. Site and Transaction Information Total land area: 7.0 acres Land proposed to be set aside as open space: 4.6 acres (65 %) Current Land Use /Zoning: Rural Residential (county) Surrounding Land Uses / Zoning: East: Residential/Rural Residential (county) West: Brush Creek, Town water treatment plant/Resource (county) North: Eagle River and Fairgrounds property/Resource (county) South: Violet Lane, Railroad tracks, US Highway 6/ Resource (county) Proposed Ownership: Eagle County Total cost of fee simple purchase $1,638,532.00* Portion of cost for open space (65 %) $1,065,046.00 Other contributions (Town of Eagle) <$160,000.00> Requested Funding Amount $905,056.00 ($196,751.00 per acre) *includes costs incurred by County for surveying, appraisal and environmental testing and analysis. D. Open Space Criteria Analysis The following analysis is offered pursuant to Eagle County Resolution 2004 -021, Approving and Adopting Open Space Criteria to Prioritize the Selection of Eligible Lands for Open Space: 5 04/12/2011 Scenic Landscapes and Vistas. Preserve and protect Eagle County's outstanding natural beauty and visual quality. The site is a strong visual element as commuters approach the Town of Eagle from the west on US Highway 6, and it is a foreground element, albeit from a distance, of the view up Brush Creek from portions of I -70 to the north. Work is underway to develop a new sports field complex on the western portion of the County's Fairgrounds property, from which the Seago parcel is very visible. Removal of the salvage yard operations and the preservation and enhancement of the stream and river corridors will greatly improve the visual quality of the area. Scenic Quality Ranking: Staff Recommendation — Medium/High OSAC Recommendation - Medium II. Regional Heritage, Agriculture and Ranching. Retain Eagle County's history, culture and agricultural land uses. The site has not been inventoried for historic artifacts, but it is presumed that elements of historic significance are not present. The property is not used for agricultural or ranching purposes. Regional Heritage Ranking: Staff Recommendation — NA OSAC Recommendation - NA III. Wildlife, Wildlife Habitat and Migration Routes. Set aside areas critical to the long term health and vitality of indigenous wildlife. A detailed wildlife analysis has not been conducted on the property. Colorado Division of Wildlife Maps indicate that the property is used as winter range for deer, and a winter forage area for bald eagles. The value of stream and river corridors to a broad spectrum of wildlife species is well documented, however, and the confluence of tributaries with larger rivers have been shown to be areas of significant importance in the life cycles of rainbow and brown trout. Land use on the property would change dramatically should this property be converted to county ownership, and it is anticipated that wildlife habitat values in the area would be significantly enhanced. Additionally, public ownership would provide opportunities for management of the land for specific wildlife purposes. Wildlife Ranking: Staff Recommendation — Medium/High OSAC Recommendation - Medium IV. Sensitive Lands & Environments. Protect riparian areas, floodplains, and other sensitive, unique or endangered ecosystems or environments. The Seago property contains approximately 1800 lineal feet of floodplain lands and related riparian zones and habitats. The potential exists to further enhance these areas by reintroducing riparian shrubs and trees, and by implementing management plans to maintain the quality of these sensitive ecosystems. Sensitive Lands Ranking: Staff Recommendation — High OSAC Recommendation - High V. Physical and Visual Buffers. Promote community separation and distinction, and provide separation between developed areas and sensitive lands. While the Seago property is located on the western edge of the developed areas of the Town of Eagle, it is east of the town's water treatment facility, and as such is not located in the buffer zone identified by the Eagle County Comprehensive Plan lying between the Town of Eagle and the Town of Gypsum. Removing salvage yard operations on the seven acre property will enhance the perception of diminished development intensity moving from the western edge of Town into the community buffer area. An open space 6 04/12/2011 designation on the 4.6 acres targeted by this request will provide a viable buffer between developed areas and the sensitive lands along Brush Creek and the Eagle River. Physical and Visual Buffer Ranking: Staff Recommendation — Medium/High OSACRecommendation - Medium VI. Access to Streams, Rivers. Public Lands and Dispersed Recreation Opportunities. Provide access to public lands, and improve opportunities for high quality dispersed recreation. The purchase of the Seago property by Eagle County will open up 2800 lineal feet of stream and river access to the public that is currently not available. Each side of Brush Creek is counted separately in this tally, as an agreement with the Town of Eagle should provide public access to the western bank, which is owned by the Town. Of added importance is the location of this property relative to other reaches of Brush Creek and the Eagle River that are currently available to the public. There is a good chance that a connection can be established to the south that would provide a future pedestrian and bike route between the expansive open spaces of the Eagle Ranch PUD with the Fairgrounds property. Room exists on the Seago property for a small parking lot that would serve fishing and hiking recreationalists. Access Ranking: Staff Recommendation — High OSAC Recommendation - High E. Additional Project Considerations The following represents those items listed as "Additional Criteria and Considerations" in Eagle County's Open Space Criteria. For the purpose of discussion, the two sections, "Factors Favoring Land Protection" and "Factors Weighing Against Land Protection" have been consolidated into single positive statements that can be evaluated for conformance. Economy. Discounts, other funding, partnerships, land donation, and/or endowment contribution favorably reduce the County's portion of the purchase cost. The downturn in real- estate prices makes this a very opportunistic time for buyers, and indeed the Seagos have reduced their expectations for value considerably since negotiations began in 2006. The contribution of $160,000 from the Town of Eagle's open space fund has further reduced the amount of money being requested from the County's Open Space Fund. No other funding partners have been approached at this time. II. Master Plan. Land or development rights acquisition is supported by the intent and purposes of applicable Eagle County Master Plan documents. The purchase of the Seago Property is consistent with the purposes and intents of the 1991 Eagle River Watershed Plan, the 2006 Eagle County Comprehensive Plan and with the Eagle Area Community Plan (EACP), which was adopted just last year. The EACP identifies the Seago property as one "where visual quality improvements could be made ". It further provides for the protection of wildlife habitat, for the phasing out of unsightly uses, and for providing appropriate access to Brush Creek and the Eagle River corridors while maintaining the quality of related sensitive lands. The Future Land Use Map for the EACP indicates a "Conservation Oriented Development" designation for the Seago property, which encourages the preservation and protection of attributes of high conservation value and the setting aside of open space lands where determined appropriate. III. Urgency. Development of the property, to a degree that open space values would be significantly compromised, is imminent. 7 04/12/2011 While this is a good time to be purchasing property in Eagle County, there is no threat of new development on the Seago site. Contract negotiations do provide a deadline for an open space funding decision by April 18 IV. Uniqueness. The subject property is the only remaining, or one of a very few remaining, opportunities to protect open space of its kind. Lands that include the confluence of tributaries that support viable fisheries to the Eagle River are few in number. The confluence of Gore Creek is available to the public, the confluence of Beaver Creek is generally not, the confluence of Lake Creek is not (though portions may become available in the future) and the confluence of Gypsum Creek is not. No confluence areas are presently managed with fishery sustainability in mind. As such, this purchase does represent a unique opportunity. V. Precedent. The project sets positive precedent for open space preservation values and objectives, and may motivate other landowners to consider preservation alternatives. Local news outlets have covered this story, and have quoted the Seago's as saying how pleased they were in dealing with the County to secure a contract for the sale of their property. Preservation values on the property are significant, and the public will have access. This deal sets a very positive precedent for future transactions. VI. Education. Preservation would provide unique educational opportunities There are schools in the Eagle area that would be able to visit the site on field trips. There is the potential for educational signage as the site's open space features are further identified and enhanced. Certainly this property could be showcased as an example of reclamation — from a salvage yard to a site that supports healthy natural ecosystems and habitats. VII. Support. There is wide - spread community support for the project. The Town of Eagle has indicated strong support for this project, and has contributed $160,000. Some citizens objected to the expenditure in these difficult economic times, thinking that the open space fund could be spent by the County for other purposes. VIII. Big Picture. The project has potentially significant benefit on a regional or state - wide basis. No significant benefit has been identified that would be realized on a regional scale. IX. Encumbrance. The property is not negatively encumbered by mineral rights, rights -of -way or easements. No encumbrance by mineral rights, rights - of - way or other easements have been identified. X. Environmental Hazards. The property is not significantly burdened by environmental hazards (chemicals) or other waste or refuse. A Phase I and Phase II Environmental Analysis has been conducted on the property by HP Geotech. While there was some hydrocarbon contamination on the property under the building where an oil sump existed, no contamination on that portion of the property that would be set aside as open space was found. Of some interest was the presence of buried "landfill" material on the upper bench of the property, a portion of which might underlay open space lands. This material is completely covered with soil (averaging 3+ feet) and was found through excavation to be composed of blocks of concrete with rebar, metal pipe, rope and some plastic. No hydrocarbons or potentially hazardous materials were found. The analysis report indicated that no action was necessary in this area. The report was conducted at a time when cars were still stored on the property, and indicated that as cars are removed the soil beneath should be checked for 8 04/12/2011 staining. Given that all liquids are typically removed from salvage vehicles prior to storage, any stains are expected to be small. Stained earth should be removed and properly disposed of. A budget has been created to address the clean -up of the property (please see attached). It is staff's opinion that all environmental impacts can be mitigated, and that the portion of the property west of the proposed road can be restored to a high quality natural condition. XI. Maintenance. The long term cost to the County of maintaining and/or monitoring the land is expected to be reasonably low. No maintenance intensive improvements are proposed for the property at this time. A shared responsibility with the Town of Eagle for maintenance on the site should keep related costs reasonably low. An IGA or MOU should be drafted to this effect. RESTORATION BUDGET FOR THE SEAGO PROPERTY Environmental Mitigation (Eagle County responsibility, performed largely in house with consulting oversight by HP Geotech) Oil sump leakage mitigation Remove concrete sump, oil contaminated soil, testing by consultant HP Geotech estimate $50,000 to $60,000 Spot oil stain removal, upper bench Remove small areas of surface contamination from auto storage and work areas (per HP recommendation) 4 hours of track backhoe @ $65/hr $ 260.00 6 hours Dump Truck @$75/hr $ 450.00 12 hours labor @ $55/hr $ 660.00 $ 1,370.00 Total $61,370.00 Open Space Area Restoration (may be performed in house, but County will also put project out to bid) Remove Left over trash, oil stains, lower bench Remove bits and pieces of left over garbage, small areas of surface contamination from auto storage areas (per HP recommendation) 6 hours of track backhoe @ $65/hr $ 390.00 8 hours dump truck @$75/hr $ 600.00 28 hours labor @ $55/hr $ 1,540.00 $ 2,530.00 Perimeter clean up Remove trash and junk from stream and river bank areas, remove concrete "item" from Brush Creek. 12 hours of track backhoe @ $65/hr $ 780.00 4 hours loader @ $67/hr $ 268.00 4 hours dump truck @$75/hr $ 300.00 36 hours labor @ $55/hr $ 1,980.00 $ 3,328.00 General grading, shaping, ripping of compacted areas Minor reshape and contour of property, scarify compacted areas 8 hours small dozer @ $130/hr $ 1,040.00 4 hours loader @ $67/hr $ 268.00 9 04/12/2011 12 hours labor @ 55/hr $ 660.00 $ 1,968.00 Erosion control fencing Install fence at top of the bank at perimeter of property adjacent to Brush Creek and the Eagle River. 1600 feet of silt fence @ $.25/ft $ 400.00 1 hour small dozer @ $130/hr $ 130.00 5 hours labor @ $55/hr $ 275.00 $ 805.00 Revegetate /stabilize disturbed areas Disc, drill seed, fertilize, mulch and tackify 5 acres @ $2,100.00 /ac (quote from Seeding the Rockies) $10,500.00 Total $19,131.00 • DISCUSSION: Mr. Simonton presented a PowerPoint slide show with a map of the property and some photos. He explained that he appreciated the advisory committee's insights. The property was currently a legal non- conforming use. He showed some of the potential future pedestrian connections to the Fairgrounds. The Seago property was 7 acres. An environmental study performed indicated there was one area that was an issue, where the autos had been stored and fluids emptied. Contamination did not reach the ground water, but the effect was not yet known. The engineers recommended removing this contaminated dirt. The cost for this removal was estimated at $60,000.00. Other than that, the site was clean and organized. The phase II environmental assessment recommended walking the property with a backhoe to identify other areas that should be cleaned up. The environmental review indicated that there was no hazard present. Mr. Montag stated that most of the old cars had been removed from the site. Mr. Simonton stated that there was 4.6 acres that could serve as functional open space. There was about 3600 feet of river frontage including some of Brush Creek and the Eagle River. Brush Creek served as a spawning ground for fish as well. The Division of Wildlife had indicated that this was an opportunity to preserve the area for that function. There could also be stream closures for short periods of time to protect spawning. He provided project information. Funds would be combined from the Open Space funds and the County's capital improvement fund. The stream in the area was outstanding. The channel was in excellent shape. He provided some photos on the different areas of Brush Creek and the Eagle River. He also showed a rendering of a potential road across the river to the Fairgrounds through the property. Engineering had done further analysis on possible future road configurations. Chairman Stavney stated that the future use of the fairgrounds was not yet known. If the property became a location for big events, it could be a good secondary access. He believed putting together possible scenarios was important, but a future board of commissioners would be making decisions about any fairground expansions or changes. Mr. Simonton explained the advantages of having a secondary access to the fairgrounds in the future. Commissioner Fisher spoke about putting emphasis on the river and restoration, keeping it a focal point and that it is used in a healthy way for years to come. Mr. Simonton stated that the bridge would need to be a reasonable height so people could continue to pass beneath it. Total cost was $1,638,532.00, of which the Town would contribute $160,000.00 and the open space fund would contribute $905,056. He provided the Open Space Advisory Committee rankings. o Scenic Landscapes and Vistas; staff was medium high and OSAC was medium. o Regional Heritage, Agriculture and Ranching; not applicable. o Wildlife and habitat; Staff was medium high, and OSAC was medium. o Sensitive Lands and Environments; staff was high, OSAC was high. o Physical and Visual Buffers; staff was medium high, OSAC was medium o Access to streams and rivers; staff was high, OSAC was high. 10 04/12/2011 Economy, Master Plan and Urgency were other issues to consider. The preservation of these types of areas was consistent with the Master Plan. Mr. Simonton believed this was a unique opportunity for the Eagle River Valley. Local schools would be able to access the stream for science purposes. The Town of Eagle fully supported it. There were no financial encumbrances or easement issues. The Town indicated that since it would benefit its residents they would take on the maintenance of the property. He presented the OSAC recommendation for funding the Seago Property. At their regularly scheduled meeting of April 11, 2011, the Eagle County Citizens Open Space Advisory Committee provided the following recommendation to the Board of County Commissioners regarding the Seago Property: That the Board allocates an expenditure of $905,056 from the Eagle County Open Space Fund toward the purchase of the Seago Property That the Board further allocate an expenditure not to exceed $45,000 for the cleanup, grading, shaping and revegetation of those portions of the Seago Property disturbed by salvage yard operations to a natural and self - sustaining condition appropriate to the site, to include the use soil amendments and temporary irrigation systems as determined necessary. That in connection with or subsequent to the purchase of the property, the Board execute a resolution that would require the county to refund the Open Space Fund in the event that the alignment of a future access road to the Fairgrounds reduces the functional open space on the property to less than 65% (approximately 4.6 acres) in an amount equivalent to the open space lost. That in connection with or subsequent to the purchase the Board negotiate an agreement with the Town of Eagle that; 1) provides for public access to property owned by the Town adjacent to the Seago property that would further enhance the use of the stream and river corridors for dispersed recreation, specifically the western stream bank of Brush Creek and the northern bank of the Eagle River downstream from the confluence of Brush Creek and the Eagle River, and: 2) establishes the nature and extent of development that will occur on the property, and the responsibility for long term maintenance and upkeep of the land set aside as open space, and any forthcoming improvements to the land set aside as open space. Chairman Stavney agreed with this approach, as future decision makers could change the location of the road. Mr. Simonton stated that land purchased through the Open Space Fund was permanent. There had been talk about what could happen on the upper bench and a possible maintenance structure or entry feature to the Fairgrounds. In this instance, good signage would be required in advance of fully being opening it to the public. During the first year, there would be a temporary fence around the project and it was advisable to keep people off of the property. Commissioner Runyon asked about the reason for not putting the property on a Conservation Easement. Mr. Simonton stated that it was advisable to wait until all of the improvements to the property could be determined. Commissioner Runyon stated that this had not been the case in the past. It was his understanding that Open Space funds could not be used for a purchase, and then have the use of the property change. Mr. Simonton spoke about the resolution establishing the fund, and that if funds were used to purchase a property it could only be used for dispersed recreation and to revert that property to any other use required a vote by the citizens of Eagle County. Commissioner Runyon suggested purchasing the property with funds from the Open Space fund reserving the right to do what is necessary with the property in the future. The right of way across the river was one of the major benefits to the purchase. Mr. Simonton stated that the board had this option available to them. He believed it would require some work from the Engineering Department upfront. He explained the Conservation Easement process and the restrictions it would put in place for future improvements. Mr. Treu stated that the Town was not excited about a Conservation Easement. Commissioner Runyon was more concerned about the funding. 11 04/12/2011 Chairman Stavney spoke about the money out of the Capital Improvement fund in the amount of approximately $800,000 for the portion that would not be open space. He stated that in the future the county could pay the Open Space Fund $800,000 to compensate for this portion of the land. In the future, this would add to the cost of a future bridge. He asked about the legalities of this type of approach. Mr. Treu stated that the resolution should be changed and it may have some political implications. He didn't believe this could be done under the current resolution. Commissioner Fisher spoke about the upper bench and spanning point for the future bridge. She acknowledged that that part of the property wasn't an appropriate open space area. Depending on what happened at Eagle Ranch and the Fairgrounds it could become a thorough fare. She thought it was best to fund it so that all doors can be kept open. Using CIP funds gave the county more flexibility in the future. If in the future there would be no commercial or vehicular connection, the Open Space fund could reimburse the county. She commended Commissioner Runyon for his long -term vision. Commissioner Runyon suggested a site - specific resolution for this particular piece of property. He believed this was more of a financial issue. Chairman Stavney spoke about the future uses that were possible in the area. He hated to lock the county up with a Conservation Easement at this point. The second question was the one of funding and out of which pot to find the funds. Commissioner Fisher spoke about the potential price at some point in the future, and stated that it would likely be more than $800,000.00. Commissioner Runyon suggested adjusting the inflation to the normal inflation present in the county, not the market value of the land at the time of purchase in the future. Chairman Stavney spoke about the savings from the Justice Center being available for this use. The CIP funds could be diverted to other important projects. However, having another $800,000 in the Open Space fund was advisable as well. The large balance at this point did make it tempting. He hoped to send a strong signal to future boards about the use that was intended by the current board. There was some strategy involved. Mr. Treu advised that a resolution be re- written to allow this first. The funding creativity could be accomplished at some point in the future as well. Commissioner Runyon expressed the flexibility about the timing of this in the future. Chairman Stavney spoke about the OSAC meeting and the overall goal to spend as little money out of the fund for maintenance as possible. Mr. Simonton showed an area that could provide a small amount of public parking; six spaces were suggested. This had not yet been budgeted. Commissioner Fisher spoke about the public's concerns related to Open Space fund and the fact that parks did not develop in a day, a year, or sometimes even 10 years. She encouraged the community's patience. At this point, the Open Space fund had money to make some significant purchases. There were 13 years of this tax collection remaining and after that point; the voters would have to decide if the tax should be continued. Chairman Stavney asked for public input; there was none. Chairman Stavney provided some direction to staff regarding some possible conditions that would be presented in a resolution in the future for review by the board. Commissioner Fisher indicated that the upper portion could also be sold in the future. Mr. Treu suggested that a new resolution be prepared to deal with some of the details of the division. Chairman Stavney thanked Mr. Treu for his leadership and continuing conversations with the Seagos. He believed it had taken some vision and leadership over time. Commissioner Fisher moved to approve the purchase of the Seago property incorporating staffs findings and OSAC's recommendations. Commissioner Runyon seconded the motion. The vote was declared unanimous. 12 04/12/2011 Battle Mountain Project Update (Recorded) Dave Kleinkopf, Crave Real Estate Ventures Meet with Avon Town Council (Recorded) 400 Benchmark Road Avon, Colorado There being no further business b ard, the meetin ' . as adjourned , til April 19, 2011. Attest: , 11 * VAL if/A Clerk to the Board Cha' 13 04/12/2011