HomeMy WebLinkAboutMinutes 05/10/11 PUBLIC HEARING
May 10, 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:
Executive Session — Personnel Matter
Lisa Ponder, Human Resources
Consent Agenda
A. Approval of Bill Paying for the Week of May 9, 2011 (subject to review by the Finance Director)
Finance Department Representative
B. Approval of Payroll for May 19, 2011 (subject to review by the Finance Director)
Finance Department Representative
C. Approval of the Minutes for the Eagle County Board of Commissioners Meeting for October 5, 2010 and
November 16, 2010
Teak Simonton, Clerk & Recorder
D. Resolution 2011 -044 Authorizing the Eagle County Clerk & Recorder to Conduct the November 1, 2011
Election by Mail Ballot
Teak Simonton, Clerk & Recorder
E. Grant Agreement between Eagle County and State of Colorado Department of Local Affairs for
Community Services Block Grant
Sherri Almond, Health & Human Services
F. Resolution 2011 -045 Granting Approval of the Use of Open Space Funds for the Acquisition of the Seago
Property Located at 111 Violet Lane, Eagle County, Colorado
County Attorney's Office Representative
G. Resolution 2011 -046 Approving Appropriation for the Purchase of the Property Located at 111 Violet
Lane, Eagle County, Colorado from Ralph E. and Sherri L. Seago, and Authorizing any of the Eagle
County Commissioners to Execute All Documents Necessary to Effectuate the Closing of the Purchase
County Attorney's Office Representative
H. Resolution 2011 -047 Supporting the Agreement between Eagle County, a Body Corporate and Politic of
the State of Colorado, by and through its Board of County Commissioners and the State Board of the Great
Outdoors Colorado Trust Fund
Ellie Caryl, ECO Trails
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Grant Agreement between Eagle County and the State Board of the Great Outdoors Colorado Trust Fund
for the Avon to Eagle -Vail Trail Phase II Project
Ellie Caryl, ECO Trails
J. Resolution 2011 - 048 for Final Release of Collateral for Singletree Community Master Landscape Plan,
Phase II (Eagle County File No. PDF- 00102)
County Attorney's Office, Engineering Representative
Chairman Stavney stated the first item before the Board was the Consent Agenda as follows:
Commissioner Fisher asked about item E. She wondered if it was Bright Beginnings. •
Rita Woods clarified that the block grant did pieces of the Bright Beginnings program.
Chairman Stavney asked the Attorney's Office if there were any changes to the Consent Agenda.
Bryan Treu, County Attorney stated items F and G were related to the Seago property, and the closing was
scheduled for May 27. The first resolution detailed the funding and the second resolution formalized the purchase.
There were several unique nuances and the first resolution detailed those as well.
Ellie Caryl spoke about the Great Outdoors Colorado grant. She explained that a $200,000 grant had been
received to complete the Avon to Eagle -Vail trail. The grant would go towards phase 2, from Post Boulevard to the
Eagle -Vail commercial area.
Commissioner Runyon asked if there were other contributors.
Ms. Caryl stated that the ECO trails fund and the Eagle -Vail Metro District would be contributing to the
balance of the project cost.
Chairman Stavney thanked her for her work.
Commissioner Fisher asked about the Excel Energy project.
Ms. Caryl stated that the two projects would not interfere with one another.
Chairman Stavney asked about the Mail Ballot election.
Ms. Simonton spoke about Mail Ballot election. Ballots would be sent by mail about 20 days before the
election as they typically were in odd years. At this point, it was not known who would be participating in the
election other than the school board.
Mr. Montag asked about the deadline for putting something on the ballot.
Ms. Simonton stated that her office needed to know by the end of July. She spoke about the efficiency of
having a Mail Ballot election.
Commissioner Runyon moved to approve the Consent Agenda, Items A -J.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
Citizen Input
Chairman Stavney opened and closed citizen Input, as there was none.
Resolution 2011 -049 for the Approval of the Special Use Permit for Xcel Energy
Edwards Meadow Mountain Natural Gas Line (Eagle County File No. ZS -3122)
Sean Hanagan, Planning
Mr. Hanagan presented the file.
Bob Morris stated that following the last hearing, a draft for a resolution for approval was created and it
was circulated for referral. They added some clauses to address concerns that the board had expressed. He noted
that he inadvertently dropped condition 14 from the staff report, but it has been re -added as condition 10.
Chairman Stavney spoke about work hours and the lack of detail in the document.
Commissioner Fisher stated that there was a safety challenge to the applicant being required to work at
night. She encouraged the Department of Transportation to bear this in mind as they worked with Public Service.
Jim Smith, project manager for Excel Energy stated that they concurred with the terms and conditions.
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Brady Hansen introduced himself as the project manager for the Avon project.
Chairman Stavney stated that the board was clear that the best approach was to get the job done as quickly
as possible. He asked that they respect the 30 -day holiday window during which the work would cease
temporarily.
Mr. Hansen indicated that they had done jobs at night and with restrictive work hours. This seemed to
stretch the project out. He preferred working as many daytime hours as possible but understood and agreed with
the restricted days when no work would occur.
Chairman Stavney encouraged Public Service to inform people with signage about work hours as well as
no workdays.
Mr. Morris indicated that Eagle River Water and Sanitation had a concern
Andy Strehler, Technical Services Division Manager with the Eagle River Water and Sanitation I:)istrict
spoke. He spoke about rights of way. He was present to advocate for the buried water and sewer infrastructure.
They want to have as much horizontal separation from the gas main and the water or sewer main as possible. A t
some point, these pipes would also need to be maintained and/or replaced.
Chairman Stavney spoke about the way that Denver water follows repaving crews.
CDOT representative spoke up and explained that they will have several people on site. She indicated that
there would be multiple personnel.
Chairman Stavney asked if Eagle River Water would have people on the site.
Mr. Strehler stated that they would have people watching their infrastructure. He stated that there were
certain areas where there was little concern and other areas where things were tightly aligned. It was difficult to
tell where there might be problems.
Chairman Stavney suggested that Eagle River Water work with Public Service to address any concerns. He
suggested that they had a personal representatitive on the project at all times.
Mr. Strehler indicated that the mandates for separation were less than comfortable. It was a CDOT right of
way and was not the controlling entity.
Commissioner Runyon asked if there was not a common interest to keep good separation.
Mr. Smith indicated that the design included the maximum distance possible between the different types of
conduit.
Commissioner Fisher spoke about the age of the gas and sewer / water lines. She hoped in the future that it
would be easier to identify the exact location of all such pipes.
Mr. Smith indicated that there would be 8 certified inspectors along with a survey crew conducting GPS
mapping.
Mr. Strehler stated that he believed ERWS would have people on site as well.
Commissioner Runyon stated that it was our expectation that quality of life and a 5- minute delay was not
the same here as it was in Denver. He expressed frustration about CDOT holding people up at the Edward's
roundabout.
Mr. Smith stated that the nature of the project was such that there would be impacts, but they would do
everything possible to meet the board's expectations.
Commissioner Fisher hoped that in the end of September everyone would feel that things went really well.
Commissioner Runyon moved to approve the resolution for the Approval of the Special Use Permit for
Xcel Energy Edwards Meadow Mountain Natural Gas Line (Eagle County File No. ZS -3122)
Commissioner Fisher seconded the motion. She brought up the signage and hoped that it would
informative and innovative.
The vote was declared unanimous.
Resolution 2011 -050 for the Approval of the Variance from Improvement Standards
for Lot 12, Coulter Creek Ranch (Eagle County File No.VIS -3107)
Taylor Ryan, Engineering
Mr. Ryan presented the request. The snow restricted access to this lot for inspection.
Commissioner Fisher spoke about the difficulty with the owner's assumptions related to the property they
purchased and the development possibilities.
Chairman Stavney thanked the staff for inspecting the project on a snowmobile.
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Commissioner Fisher move to approve the resolution for the Approval of the Variance from Improvement
Standards for Lot 12, Coulter Creek Ranch (Eagle County File No.VIS -3107)
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Commissioner Runyon moved to adjourn as the Board of County Commissioners and re- convene as the
Eagle County Liquor Licensing Authority.
Commissioner Stavney seconded the motion. The vote was declared unanimous.
Eagle County Liquor License Authority
Kathy Scriver, Clerk and Recorder's Office
APPLICANT: Eagle Valley Alliance for Sustainability
REQUEST: Special Events Permit
EVENT: Recycled Art Show
DATE OF EVENT: Friday, May 20, 2011
REPRESENTATIVE: Debbie Hawk, Event Manager
LOCATION: Alpine Arts Center, 210 Edwards Access Blvd A105 - Edwards
STAFF REPRESENTATIVE: Kathy Scriver
CONCERN: None
DESCRIPTION:
The applicant has requested a permit for an event being held at the Alpine Arts Center in Edwards on
Friday, May 20, 2010 from 5 -9:30 pm. The event will feature a recycled art exhibit and silent auction. The event
will be open to the public and all ages are welcome. Beer will be the only alcohol available. Staff will serve as
security.
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 29, 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.
5. All findings are positive.
DISCUSSION:
Ms. Scriver described the event and introduced Debbie Hawk. The event would feature recycled art and
beer will be the only alcohol available at the event.
Chairman Stavney asked if there would be any demonstrations.
Ms. Hawk stated that it was a good idea, but not this year.
Commissioner Fisher asked that the servers be conscientious with their service.
Ms. Hawk indicated that it would be the second annual event. The event was free and open to the public
and donations would be accepted. Recycled art was made from items purchased from Habitat from Humanity as
part of their projects. There are 30 artists exhibiting their pieces.
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Commissioner Fisher moved that the Local Liquor Licensing Authority approve the Special Events Permit
for the Eagle Valley Alliance for Sustainability event being held at the Alpine Arts Center on Friday - May 20,
2011, from 5:00 p.m. to 9:30 p.m. (application hours).
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 Stavney seconded the motion. The vote was declared unanimous.
Resolution 2011 -051 Accepting the Northwest Colorado Council of Governments'
Comprehensive Economic Development Strategy
Administration Representative
Ms. Pam Caske spoke to the board. She clarified that this was a federal process out of the Economic
Development Administration. The process identified the five counties that made up Northwest Colorado Council
of Governments; Jackson, Summit, Pitkin, Eagle and Grand as an economic development district. This would
provide funding for economic activity. It gave a more competitive edge to these counties for money given to
economic development districts. The process included a compendium of all of the economic activity, resources,
and capacity within the five county regions. By approving this strategy, the board was agreeing that it reflected
what was going on in Eagle County.
Commissioner Runyon wondered about the effect of the agreement. There were outstanding issues. He
spoke about some recent discoveries.
Ms. Caske stated that there was a requirement for Economic Development Districts to have a board of
directors. Previously it had been an advisory committee. There needed to be a completely separate board
separating the Council of Governments and the Economic Development board. They need to adapt the COG board
to meet the new requirements. She had spent much time trying to come up with a solution. She would propose
multiple roles for the COG board, which ultimately reported to the EDD board.
Commissioner Runyon asked about the EDD box on grant applications. He stated that somehow the rest of
the country had somehow complied with the 35% rule.
Ms. Caske stated that she was not aware of how other councils accomplished the 35% requirement. The
common practice was for Economic Development Districts to be formed and out of that, Councils of Government
are formed.
Mr. Treu stated that there was no aspect of the resolution that would bind the board, it only adopts the
strategy and it could be dissolved in the future if it was unpalatable.
Commissioner Runyon moved to approve the resolution accepting the Northwest Colorado Council of
Governments Comprehensive Economic Development Strategy.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
Resolution 2011 -052 Adopting a Second Supplemental Budget and Appropriation of
Unanticipated Revenues for Fiscal Year 2011, and Authorizing the Transfer of
Budgeted and Appropriated Monies between Various Spending Agencies
Finance Department Representative John Lewis presented the request.
Mr. Lewis explained the supplemental budget. In the initial budgets, there was always a contingency for
items that came up and needed funding that were not previously anticipated. The first request of the year included
mostly carryovers from 2010. This second supplemental contained $3,427,035 total additional appropriation. This
total included $11,366 of previously funded services; $33, 897 taken from the General Fund contingency; $59,000
from the tipping fees account and $20,745 from the restricted peg fund balance. He explained the funding details
related to the Seago open space purchase. He explained that $572,250 would come out of the general fund for the
purchase of the property. However, the CIP funds would cover the purchase in the future. The cable franchise
agreement would be coming due in the near future and $30,000 was set aside to negotiate the contract. 1'V18
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required a new play back system replacement, costing $20,745. Lastly, was a position re -grade in the Fair and
Rodeo department for $3,897. The total was $626, 892 of expenditures in the . general fund. The unallocated fund
balance was $128,000 up from the first supplement due to being refunded from another property purchase in
Dotsero. Overall the departments were doing a great job in working with the funds that were budgeted. The Net
impact of the supplemental at 40% through the year was less than that percentage of the available supplemental.
Commissioner Fisher applauded staff for limiting supplemental requests.
Mr. Lewis spoke about the WRAP fund, which was being closed out. There was a small carry forward
from 2010 in the Social Services Fund. The Conservation Trust Fund, which was about $35,000 per quarter, was to
be used for maintenance to parks. He explained that any decisions about spending the money were based on the
Capital Improvements Fund Committee recommendations. The current $30,000 was for the Eagle River Preserve.
There was a request for additional infrastructure to the 800 - megahertz fund. Public Health was requesting money
be used for design services for a federally qualified health center. The Open Space Fund would spend $2,215,750
for potential purchases of open space property.
Mr. Treu stated that there were three closings coming up quickly. The first property was the Seago
property. The next property was the Star Route Enterprise property. The third was the Debeque land purchase
including 10 acres in Dotsero. There was also an appraisal and an environmental survey.
Mr. Lewis spoke about the Capital Improvement fund, which received fees for people leaving their dirt in
the Eagle River Preserve Improvements. The money would go towards a pond liner and some other things. There
would be air - circulating fans installed in the Eagle River Center and some maintenance improvements to the El
Jebel County Building.
Chairman Stavney noted that the $59,000 earmarked for the Eagle River Preserve improvements still did
not have a maintenance agreement with the local jurisdictions or the Vail Valley Foundation. The Public Works
Department had been charged to negotiate with the parties about such a maintenance agreement. This was
unfinished business from 6 years ago.
Commissioner Runyon agreed that re- engaging the entities in the area should be attempted.
Chairman Stavney opened and closed public comment as there was none.
Commissioner Runyon moved to approve the resolution adopting a second supplemental budget and
appropriation of unanticipated revenues for fiscal year 2011, and authorizing the transfer of budgeted and
appropriated monies between various spending agencies.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
Planning Files •
LUR -3053 Regulation Amendment to Allow Residential Use in the County's Commercial Zone
Districts Subject to Special Use Review
FNZ -3054 Schmidt Residence Stream Setback Variance Request
ZS -3055 Schmidt Residence Special Use Permit
Bob Narracci, Planning Department
NOTE: Tabled from 03/15/11, 04/19/11. To be tabled to 07/26/11
ACTION: Currently, the Eagle County Land Use Regulations allow via Special Use Permit Review dwelling
units on a commercially zoned property not to exceed thirty -three (33) percent of the total floor
area of all buildings on the site. This proposal is to eliminate the maximum thirty -three (33)
percent cap for residential use on commercially zoned property and will still be subject to Special
Use Permit Review.
The purpose for this Finding of No Significant Impact is an Administrative Stream Setback
Variance to memorialize an existing stream setback of 50 feet from the high water mark of the
Eagle River where 75 feet is currently required. The existing residence was constructed in 1973
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prior to zoning regulations being implemented by Eagle County in October of 1974
The purpose for this Special Use Permit is to allow a residential structure in the Commercial
General zone district. Currently, the existing residence is considered a legal non - conforming land
use.
LOCATION: 71 Edwards Access Road. West of the Edwards Spur Road on the south side
of the Eagle River.
Commissioner Runyon moved to table file LUR -3053, FNZ -3054, and ZS -3055 until July 26, 2011, at the
applicant's request.
Commissioner Fisher seconded the motion. The vote was declared unanimous.
SE - 3090 Gibson Exemption
Sean Hanagan, Planning
NOTE: Tabled from 05/03/11
ACTION: The purpose of this Subdivision Exemption is to legally exempt this pre - existing non - conforming
lot and allow for future well permit and other potential uses.
TITLE: Gibson Subdivision Exemption
FILE NO. /PROCESS: SE -3090 / Subdivision Exemption
LOCATION: Tract 38, Section 7, Township 2 South, Range 82 West, all in the Sixth
Principal Meridian.
OWNER: Rancho Del Rio -Jeff Gibson
APPLICANT: Owners
REPRESENTATIVE: Dominic Mauriello, Mauriello Planning Group
STAFF RECOMMENDATION: Approval
1. PROJECT DESCRIPTION
A. SUMMARY: Jeff Gibson is the owner of a 15.399 -acre parcel adjacent to the property commonly referred
to as Rancho Del Rio near Bond, Colorado. The property is located at 4199 Trough Road. The request is
for a Subdivision Exemption pursuant the criteria found in Section 5 -270 of the Eagle County Land Use
Regulations. This parcel was created by a deed recorded on October 10 1979 and established in the
property records of the Eagle County Clerk and Recorder's office under the reception number 188749.
B. SITE DATA:
Surrounding Land Uses / Zoning:
North: Resource
South: Resource
East: Resource
West: Resource
Existing Zoning: Resource
Total Area: 15.399 -acres
Water /Sewer: Private well
Access: Via Trough Road
2. STAFF REPORT
A. REFERRAL RESPONSES: None
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B. MAJOR CONCERNS AND ISSUES: None.
C. STAFF FINDINGS:
Pursuant to Eagle County Land Use Regulations, Section 5 -270, Subdivision Exemption:
1) The division IS NOT within the purposes of Section 5 -280, Subdivision.
2) Adequate access, potable water, and wastewater for this parcel have been demonstrated.
3) The exemption WILL NOT create hazards and will preserve and protect this stretch of the Colorado
River.
4) The parcel DOES contain a safe, adequate building site.
DISCUSSION:
Mr. Hanagan presented the request. He provided a file timeline and vicinity map.
Chairman Stavney asked about the exemption and the reason for the request.
Mr. Hanagan stated that prior to 1984 there was an opportunity for legal divisions of land that didn't meet
the requirements of subdivisions. This was the mechanism to make this a viable building site.
Chairman Stavney asked if there was a project on the horizon.
Dominic Mauriello indicated that in order for the applicant to get a well permit the state required a legally
subdivided parcel.
Mr. Hanagan showed some maps of the parcel.
Mr. Mauriello stated that he worked with staff for a long time to get the information and survey completed.
There were many errors in the historical surveys.
Commissioner Fisher thanked Kelly Miller for doing the research and for identifying many of the issues.
Mr. Miller added that the main sequence started with the GLO surveyors in 1976. This was now a tract,
which represented the original area that was laid out. It had a different legal description. Once an exemption plat
was approved the owner could build on the property. He believed the railroad was there prior to the survey.
Commissioner Fisher moved to approve File No. SE -3090, incorporating the staff findings, and authorize
the Chairman to sign the plat.
Commissioner Runyon seconded the motion. The vote was declared unanimous.
Work Sessions (recorded)
Edwards Interchange Landscaping
Ben Gerdes, Engineering
There being no further business before the�oa� the meetin s adjourned unt�l ` 17, 2011.
Ich k , Attest: Mfg 0 . . r
Clerk to the Board ' * * Cha' .
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