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Minutes 09/23/14 PUBLIC HEARING September 23, 2014 Present: Jill Ryan Chairman Kathy Chandler-Henry Commissioner Keith Montag County Manager Bryan Treu County Attorney Kathy Scriver Deputy Clerk to the Board Absent: Sara Fisher Commissioner This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Ryan stated the first item before the Board was the Consent Agenda as follows: 1. Approval of Bill Paying for the Week of September 22, 2014 (Subject to Review by the Finance Director) John Lewis,Finance 2. Approval of Payroll for October 2,2014(Subject to Review by the Finance Director) John Lewis,Finance 3. Amendment Number Five to Agreement between Eagle County and Jviation,Inc. for Air Carrier Apron Engineering and Architectural Services Rick Ullom,Project Management 4. Agreement for On-Call Services between Eagle County and Property Imaging,LLC for Pavement Maintenance Eva Wilson,Engineering 5. Consent for 2015 Early Head Start Continuation Grant Maggie Swonger,Human Services Chairman Ryan asked Maggie Swonger about the grant for Early Head Start. Ms. Swonger provided an overview. This was the third year of a three year cycle. The funding served 82 families. The grant amount was $915,000.00 in federal dollars and required a county match. Chairman Ryan wondered if the county match came out the General Fund. Ms. Swonger stated that the county match was $228,000.00. Some of those dollars came from cash, parents and in kind services,with the balance coming out of the General Fund. Chairman Ryan asked about the increase in fees at the Family Learning Center. Ms. Swonger stated that the increase was from$975.00 per student,per month to$1,127.00. Commissioner Chandler-Henry moved to approve the Consent Agenda for September 23,2014, as presented. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 1 09/23/2014 Citizen Input Chairman Ryan opened and closed citizen Input, as there was none. Business Items 6. Resolution 2014-083 Approving the Eagle County Airport Concession Disadvantaged Business Enterprise Program Chris Anderson,Airport Mr.Anderson introduced Alex Everman,the new Airport Operations Manager who had started last week. He'd been doing a great job getting up to speed. He proceeded to the item on the agenda.The program was new and would create a level playing field, ensuring nondiscrimination for concessions receiving DOT financial assistance, and ensuring that only firms that fully met the eligibility standards participated at the airport. There had been a public input process and they only received some clarifying questions and no objections. The program would run October 1 through September 30 each year. The county would be responsible for implementing all aspects of the program, and the cost on average would be$1,000 on an annual basis. The program complied with airport grant assurances. Commissioner Chandler-Henry asked Mr. Anderson if he foresaw any difficulty in rental cars meeting these goals. Mr. Anderson stated that none of the companies expressed any objections to meeting the goals. Commissioner Chandler-Henry moved to approve the resolution approving the Eagle County Airport Concession Disadvantage Business Enterprise Program. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 7. Agreement between Eagle County and Mesa County Regional Transportation Planning Office for Purchase of Cutaway Vehicles under the Colorado Mountain Purchasing Consortium Procurement Kelley Collier, ECO Transit Ms. Collier stated that this was a new process. The agreements on the agenda were two of 11 agreements the board would be seeing over the next few months. ECO Transit was awarded Federal and State funds to purchase small cutaway buses. The county and other transit partners were working together to bring improved transportation purchasing coordination for cutaway vehicles over a period for five years. Eagle County led the procurement but would not assume any risk, and have no liabilities or other responsibilities associated with the purchase of any vehicle. The Agencies have agreed to share the program administrative costs by paying$600.00 per vehicle purchased to offset the administrative and consultant cost. A cutaway vehicle was class A through F, small vehicles. There was no funding allocated with the agreement between National Bus Sales and Leasing Inc. and Eagle County at this time but,the agreement outlined the process and tied National Bus to the actual RFP and solicitation documents as well as their price proposal. There would be a roving technician to service all the vehicles within the state, which would save the county a lot of money. Commissioner Chandler-Henry moved to approve the agreement between Eagle County and Mesa County Regional Transportation Planning Office for purchase of cutaway vehicles under the Colorado Mountain purchasing consortium procurement. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 8. Agreement between Eagle County and Roaring Fork Transportation Authority for Purchase of Small and Medium Light Duty Cutaway Vehicles under the Colorado Mountain Purchasing Consortium Procurement Kelley Collier, ECO Transit 2 09/23/2014 Commissioner Chandler-Henry moved to approve the agreement between Eagle County and Roaring Fork Transportation Authority for purchase of small and medium light duty cutaway vehicles under the Colorado Mountain purchasing consortium procurement. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 9. Agreement between Eagle County and National Bus Sales and Leasing Inc. Concerning the Colorado Mountain Purchasing Consortium Procurement Kelley Collier, ECO Transit Commissioner Chandler-Henry moved to approve the agreement between Eagle County and National Bus Sales and Leasing Inc., concerning the Colorado Mountain purchasing consortium procurement. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 10. Emergency Management Program Grant Agreement between Eagle County and the State of Colorado Department of Public Safety Division of Homeland Security for 50 Percent Eligible Program Expense Reimbursement to Participating Counties Barry Smith,Emergency Management Mr. Smith explained that this was an annual agreement from the State of Colorado that funded 50%of the eligible expenses for the County's Emergency Management Program. Chairman Ryan asked Mr. Smith to provide some examples of eligible expenses. Mr. Smith stated that eligible expenses included his salary,his vehicle expenses, related business trips, planning,printing, copying,telephone services and anything that supported the program. Chairman Ryan stated that the county was eligible for approximately$61,000 dollars in 2014 but his program budget was much larger. Mr. Smith stated that some of his duties did not relate to the Emergency Management Program and were not reimbursable. Commissioner Chandler-Henry moved to approve the Emergency Management Program Grant Agreement between Eagle County and the State of Colorado Department of Public Safety Division of Homeland Security for 50 percent eligible program expense reimbursement to participating counties. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Commissioner Chandler-Henry moved to adjourn as the Eagle County Board of County Commissioners and re-convene as the Eagle County Housing and Development Authority. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Housing and Development Authority 11. First Amendment to Agreement between Lake Creek Village LLC and Meadow Mountain Plumbing& Heating Services,Inc. Jill Klosterman,Daniel Murray and William Wright,Housing Mr.Murray stated that the agreement amended the original contract for on-call services from$55,000 up to $75,000. There were some preventative maintenance needs on all the boiler systems before the winter season. It was within the budget but they were exploring other options for next year. Commissioner Chandler-Henry moved to approve the first amendment to agreement between Lake Creek Village LLC and Meadow Mountain Plumbing&Heating Services, Inc. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 3 09/23/2014 Commissioner Chandler-Henry moved to adjourn as the Eagle County Housing and Development Authority and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Renewals 12. Beaver Creek Food Services Inc. d/b/a Talons #47-01932-0000 Renewal of a Hotel and Restaurant License with 2 Opt.Premises on Beaver Creek Mountain. 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 and proof of server training has been provided. 13. Los Cazadores,LLC d/b/a Los Cazadores #47-02022-0000 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 and proof of server training has been provided. 14. Sharon Mou,Inc. d/b/a The Rose #35-000642-0002 Renewal of a Tavern License 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 and proof of server training has been provided. 15. Vail Foods Services,Inc. d/b/a Eagles Nest #04-49011-0007 Renewal of a Hotel and Restaurant License with 3 Opt. Premises on Vail Mountain. 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 and proof of server training has been provided. 16. Vail Foods Services,Inc. d/b/a Mid Vail Restaurant #04-49011-0001 Renewal of a Hotel and Restaurant License with 3 Opt.Premises on Vail Mountain. 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 and proof of server training has been provided. 17. Vail Foods Services Inc. d/b/a The 10th #04-49011-0006 Renewal of a Hotel and Restaurant License on Vail Mountain. 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 and proof of server training has been provided. 18. Kotobuki Inc. d/b/a Sushi Ya Go Go #14-40696-0000 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 and proof of server training has been provided. 19. Wind Rose Properties,LLC d/b/a Timber Hearth Grill #47-01862-0000 4 09/23/2014 Renewal of a Hotel and Restaurant License with 4 Opt.Premises in Edwards(Cordillera). 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 and proof of server training has been provided. 20. Wind Rose Properties,LLC d/b/a Summit #47-01863-0000 Renewal of a Hotel and Restaurant License with 4 Opt.Premises in Edwards(Cordillera). 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 and proof of server training has been provided. 21. Wind Rose Properties,LLC d/b/a Chaparral #47-01861-0000 Renewal of a Hotel and Restaurant License with 4 Opt.Premises in Edwards(Cordillera). 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 and proof of server training has been provided. 22. 011ie's Café Inc. d/b/a Route 6 Café #47-00124-0000 Renewal of a Hotel and Restaurant License in Eagle-Vail. 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 and proof of server training has been provided. Other 23. Beaver Creek Food Services,Inc. d/b/a Bachelor Gulch Club #47-03456-0000 Resolution 2014-084 for approval of a Private Tavern License. The hearing on the application was held on August 12,2014.These are the official findings of the board, as mandated by the Colorado Liquor Code. 24. Our Dish! Inc. d/b/a Dish! #42-28106-0000 Trade Name Change The applicant wishes to change the Trade Name from Dish! to Dive Fish House. Commissioner Chandler-Henry asked about the Los Cazadores in El Jebel had a violation at one point and wondered if everything had been cleared up. Ms. Scriver stated that the violation was handled by the state and she had no concerns. Commissioner Chandler-Henry moved that the Board approve the Liquor Consent Agenda for September 23, 2014,as presented. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Commissioner Chandler-Henry moved to adjourn as the Eagle County Liquor Licensing Authority and re- convene as the Board of County Commissioners. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Planning Files 25. AFP-4873-Beaver Creek Subdivision,Lot 10,Filing 2 Sean Hanagan,Planning Isom&Associates,Applicant Steve Isom,Representative 5 09/23/2014 Action: The intent of this Amended Final Plat is to amend the Building Envelope for Lot 10,Filing 2 of the Beaver Creek Subdivision by reconfiguring the plated envelope onto a different shape and location on the lot while maintaining the current square footage of 5,850 square feet. This new proposed configuration would allow for an addition to the residence. Location: 63 Elk Tract Court, Edwards Area TITLE: Amended Final Plat Beaver Creek Subdivision, Filing 2,Lot 10 FILE NO./PROCESS: AFP-4873/Amended Final Plat LOCATION: 63 Elk Tract Court OWNERS: Tom Shane APPLICANT: Isom&Associates 1. PROJECT DESCRIPTION A. SUMMARY: The intent of this application is to amend the Building Envelope for Lot 10,Filing 2 of the Beaver Creek Subdivision by reconfiguring the plated envelope into a different shape and location on the lot while maintaining the current square footage of 5,850 square feet.This new proposed configuration would allow for an addition to the residence. (see elevations below) B. SITE DATA: Surrounding Land Uses/Zoning: East: PUD West: PUD North: PUD South: PUD Existing Zoning: PUD Total Area: .492+/-Acres Water: Public Sewer: Public Access: Elk Tract C. STAFF FINDINGS: Pursuant 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 MAY have an adverse effect on adjacent property owners. Eagle County Land Use Regulations,all adjacent property owners have NOT provided written consent of this request; thereby requiring this amended final plat to be heard in front of the Board of County Commissioners.Please see attached correspondence from representative and Adjacent Property Owner of 65 Elk Tract. 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. 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. 6 09/23/2014 e. Restrictive Plat Note Alteration. DOES NOT apply. D. STAFF RECOMMENDATION: All applicable Eagle County Land Use Regulations have been satisfied. DISCUSSION: Mr.Hanagan introduced Steve Isom,representing Tom Shane(applicant)and Don Eggers,representing Jeff Weller,the adjacent property owner. The applicant was requesting a reconfiguration of the plat envelope to allow for an addition to the home. He provided a graphic that demonstrated the requested envelope configuration. Don Eggers spoke on behalf of an adjacent property owner. His client had concerns with the amendment because the back three bedrooms of his home sat beyond the back of the Shane residence. By extending the building envelope further to the back of the house it would obstruct the views of the ski mountain.The zoning would allow the applicant to add another two stories on the proposed addition in the future. The Design Review Guidelines for Beaver Creek state that any encroachments outside of the current building envelope would need to meet six criteria, one of the was that the proposed improvements did not obstruct existing view corridors of adjacent properties. He believed the proposal would negatively affect the view corridor if the applicant were to build a multi-level structure. Mr. Hanagan presented some photos of the area and demonstrated the elevations. Mr. Isom believed the request would not obstruct the views any more than what was already affected by vegetation. The applicant had no objection to restricting the structure to a single story. The request had been approved by the Design Review Board(DRB). Commissioner Chandler-Henry asked if a letter or any comments had been provided by the Design Review Board. Mr. Isom stated that he had a letter from the Design Review Board stating that they conceptually approved the request. Commissioner Chandler-Henry stated that she had nothing from the Design Review Board in her backup. Mr. Isom stated that the letter was dated April 17,2014. The letter was written to him recommending approval to Eagle County Zoning Administrator for the proposed amendment with conditions. Mr. Treu believed the letter did not demonstrate an approval. Steve Nuesbaum stated that the Design Review E"Xd did not specifically approve building envelope amendments. They only made recommendation to the Board of County Commissioners. In this case,an approval was not received by the adjacent property owners,which was why a hearing was required. Mr. Isom stated that the reason the Weller property extended beyond the Shane residepce was because they amended their building envelope years ago. The applicant had no objections to restricting the buifaing to a single story. Mr. Eggers thought his client may agree to a limit on the height to match the existing home. Mr. Hanagan stated that staff recommended a plat note restriction that would run with the property. Commissioner Chandler-Henry was concerned with negotiations taking place on the fly. She did not believe that the board had a complete application to make a determination. Mr.Hanagan stated that the application came in late in the process and staff did not hear from Mr. Eggers until close to the hearing date. Mr. Isom stated that he had not received any communication in advance. He was happy to put a restriction on the plat reflecting the ridgeline height restriction. Commissioner Chandler-Henry was more comfortable continuing the file. Commissioner Chandler-Henry moved to table the file no. AFP-4873 -Beaver Creek Subdivision, Lot 10, Filing 2 until October 28,2014. Chairman Ryan seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 7 09/23/2014 Work Sessions Wildfire Season Update Eric Lovgren, Wildfire Mitigation Barry Smith,Emergency Management Melissa Linebecker&Dave Toelle, Colorado Division of Public Safety Executive Session-Receive Legal Advice Concerning Castle Peak Senior Care Project Documents Jill Klosterman,Housing Diane Mauriello,Attorney's Office Economic Vitality Working Group Update Tori Franks,Housing Scot Hunn,Planning There being no further business before the Be d? •.1-- g was adjo -d until September 30,2014. �..' * .4 • /� / .. Attest: AP • •' �_ . Clerk to the Board 40trAvo ./ an 8 09/23/2014