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HomeMy WebLinkAboutMinutes 03/13/18 PUBLIC HEARING March 13, 2018 Present: Kathy Chandler-Henry Chairman Jillian Ryan Commissioner Jeanne McQueeney Commissioner Mike Nugent Deputy County Manager Bryan Treu County Attorney Holly Strablizky Assistant County Attorney Kathy Scriver 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: Commissioner Updates Commissioner Ryan stated that she would be heading to the state capital tomorrow to testify on climate action. She would be the voice for Colorado Communities for Climate Action, an organization that included 16 counties and local municipalities advocating for policies at the state level to reduce greenhouse gas emissions. Commissioner McQueeney gave a shout out to the mayors and managers group.The board had been meeting with the group quarterly. She believed there was synergy with the community and with the towns, and the discussions over healthcare were moving forward. Chairman Chandler-Henry stated that last week she was at the National Association of Counties Conference in Washington,D.C.to do work on behalf of Eagle County with the Land and Water Conservation. Money that was due to come to the county for boat ramps($1.5 million)was held up in the Department of Interior. People were very interested in the county's work on mental health and utilizing marijuana tax money to help fund the efforts. She encouraged the public to join the commissioners at the base of Gondola One in Vail this Friday for an opportunity to ski and speak with an elected official. Consent Agenda 1. Approval of the Minutes of the Board of County Commissioner Meetings for February 6,February 13, and February 20, 2018 Kathy Scriver, Clerk&Recorder's Office 2. Final Settlement with Johnson Construction,Inc., for the Construction Agreement for El Jebel Road Improvement Project Taylor Ryan, Engineering 3. Resolution 2018-016 Approving the Closure of Non-Election Clerk&Recorder Services on the Primary and General Election Days in 2018 Regina O'Brien, Clerk&Recorder's Office 4. Agreement for Equipment and/or Materials Between Eagle County and Davey Coach Sales Inc Jared Barnes, ECO Transit 5. Union Pacific Trail Construction and Maintenance Agreement for Eagle to Horn Ranch Kevin Sharkey,ECO Trails 1 03/13/2018 6. Second Amendment to Agreement between Eagle County and One Source Lighting John Gitchell, Sustainable Communities 7. Agreement between Eagle County and the Foundation of Trustees for the Family Learning Center Joey Peplinski,Department of Human Services Early Head Start 8. AFP 7162,Amended Final Plat for Lot 18,Highland Meadows Filing 2 Cliff Simonton,Planning Chairman Chandler-Henry stated item 8 would be pulled and addressed under Business Items. Commissioner McQueeney moved to approve the Consent Agenda items 1 -7 for March 13,2018, as presented. Commissioner Ryan seconded the motion. The vote was declared unanimous. Constituent Input Chairman Chandler-Henry opened constituent input. Joanne Rock stated that she had attended a learning session about PERA, and today the State Senate would be discussing a bill related to changes to the PERA system. One of the things that struck her was the eligibility for retirement funds. She believed that long term care insurance should be an option. Dave Erwin stated that he'd lived in the county for 46 years. He'd built about 80 homes in the valley, about 22 homes in Highland Meadows. He was present for an item on the consent agenda,but because the item was being tabled, he just wanted to introduce himself. Eugene Cojocari, Colorado Booting LLC owner, spoke. He wished to discuss the parking enforcement issues. His company boots cars in Eagle County, and the Sheriff's Office refused to investigate any case of theft or damage of their property. The price for the boots was $590, and they have had 15 boots stolen and/or damaged which was a big loss for his small company. It's only in unincorporated Eagle County that it was not considered a crime. Mr. Treu stated they the county had looked into this problem with other booting companies in the past and worked with property owners that use booting companies. Unfortunately counties were different than the towns and had little regulation over certain businesses. The county didn't have the authority to have a program that dealt with these types of crimes. He suggested working with the property owners. Johnathan Katz,manager of River Edge Apartments in Beaver Creek, spoke.He voiced his support for Colorado Booting. He respectfully disagreed with the comment that they could work with the people that had been booted because often times they weren't residents. He asked for county support. Mr.Treu stated that by statute the county could not step in. Chris Farrington,Brett Ranch Villas resident spoke.As a homeowner he ran into the problem of doing self- enforcement. The only other option would be towing,but that type of enforcement would double the expense for everyone. Chairman Chandler-Henry closed constituent input,as there was none. Business Items 1. AFP 7162,Amended Final Plat for Lot 18,Highland Meadows Filing 2 Cliff Simonton,Planning Mr. Simonton stated that yesterday staff received a letter from council representing the owners of the lots adjacent to lot 18, indicating some concern for the proposed building envelope adjustment. Mr. David Erwin who 2 03/13/2018 spoke earlier during public input submitted a request for a tabling to April 24, 2018. Staff believed the situation could be resolved. Commissioner Ryan moved to table file no.AFP7162,Amended Final Plat for Lot 18,Highland Meadows Filing 2 to April 24,2018. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 2. Resolution 2018-017 Supporting Reauthorization by the General Assembly of The Colorado Lottery Division in 2018 Diane Mauriello, Open Space Executive Summary: Resolution recognizes the significant contribution Eagle County has received through the GOCO Trust Fund and Conservation Trust Fund and supports reauthorization by the general assembly of the Colorado Lottery Division in 2018. Abby Musfeldt,Assistant to County Manager stated that the resolution supported legislation reauthorizing the Colorado Lottery Division. The resolution would extend the sunset to 2049. In Eagle County there had been 65 grants totaling$18 million from GOCO and$3 million from the Conservation Trust Fund. Commissioner McQueeney moved to approve the resolution supporting reauthorization by the General Assembly of the Colorado Lottery Division in 2018. Commissioner Ryan seconded the motion. The vote was declared unanimous. Planning Files 1. PDA 7080,Amendment to the Ute Creek Storage PUD Cliff Simonton,Planning Executive Summary: Amendment to the Ute Creek Storage PUD,modifying the PUD Guide to allow composting as a use by right instead of a use requiring Special Use Permit. Mr. Simonton presented the request.The applicant,Vail Honeywagon Rubbish and Recycling, was requesting an amendment to the Ute Creek Storage PUD to allow composting as a use by right. Matt Donovan, the applicant, owned Lot 4 which at 15 acres was one of the largest lots within the PUD. Mr. Donovan as well as Steve Jouflas representing CJC Properties was present. The planner,Tom Braun,was unable to attend. All other lots besides Lot 4 remained under the ownership of CJC Properties. Approval of this amendment to the PUD Guide was simply a step that was necessary for the composing facility. The composting facility was regulated by the State, and the management plan for the facility was approved by the Colorado Department of Public Health. Staff was recommending a conditional approval. There were six standards related to the application,and all were detailed in the staff report. The Planning Commission voted unanimously to recommend approval with three conditions. Mr. Simonton reviewed the conditions: 1)In order to minimize the number of vehicle trips on Ute Creek Road, on-site sales of composted materials will be limited to bulk quantities (i.e.pickup truck loads or larger). This condition of approval shall not be applicable at such point in time when improvements are made to the Hwy 131/Ute Creek Road intersection, eliminating the concern for further traffic impacts to this intersection; 2) In the event that wildlife begins using any composting facility as an artificial feeding site,the owner of the facility shall work with Colorado Parks and Wildlife officials to identify and implement appropriate management strategies; and 3 03/13/2018 3) Except as otherwise modified by this proposal, all material representations made by the Applicant with this application and in public meeting shall be adhered to and considered conditions of approval. Commissioner Ryan wondered about the demand for compost and whether a demand would increase traffic. Mr. Simonton stated that the applicant's plan was to have a bulk delivery service. Ben Gerdes, County Engineer, stated that the likely hood of there being a big impact from traffic was minimal, but since CDOT expressed a concern, condition one(1)was an attempt to address their concerns. Shawn Bruckman,manager of the compost operations, spoke. They had done a lot of research on the sale of finished compost. There had been a few pick-up trucks,but most of the product would go out on roll-off containers that were already leaving the site. They believed bulk sale made the best sense. Matt Donovan expressed a desire to omit condition one(1)which was somewhat restricting. Mr. Gerdes stated that the condition was an effort to address any traffic issues and CDOTs concerns, removing it would not be detrimental. Mr. Simonton stated that the road accessed a light industrial park. The park provided a variety of uses, many were uses by right, and some of which may end up generating additional traffic. Mr. Donovan stated that they would be okay with the condition as it stood versus opening a can of worms, traffic counts, and/or traffic studies. Chairman Chandler-Henry asked who was responsible for road improvements. Mr. Gerdes stated that the county was responsible for some of the road improvements. Steve Jouflas stated that the traffic had always been an ongoing issue. Traffic counts were subjective depending on the season and economic cycles. The cost share agreement with the county worked well. Chairman Chandler-Henry opened and closed public comment, as there was none. Commissioner McQueeney appreciated the clarity of the file. It was clear that the standards had been met and the three conditions seemed reasonable. Commissioner Ryan was enthusiastically ready to vote yes. The amendment met the standards and she appreciated everyone working with staff. Chairman Chandler-Henry believed this was a great project. She appreciated Mr. Simonton staff report and list of referral agency comments. Commissioner Ryan moved to approve File No. PDA-7080, Amendment of the Ute Creek Storage PUD, incorporating Staff's findings and conditions, as the conditional recommendation meets the standards for approval of an Amendment to a Planned Unit Development. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Public Hearing 1. Certificate of Designation to Vail Honeywagon for a Composting Site at the Ute Creek Storage PUD Ray Merry, Environmental Health Executive Summary: For its Class IIl, Composting Facility,Vail Honeywagon Enterprises LLC must obtain a Certificate of Designation from the governing body having jurisdiction, which in this case is the Board of County Commissioners for Eagle County. The Colorado Department of Public Health&Environment(CDPHE), Hazardous Materials and Waste Management Division reviewed Vail Honeywagon's Engineering Design and Operations Plan(EDOP)to verify that the solid waste facility will be designed and operated in compliance with state solid waste regulations. CDPHE approved Vail Honeywagon's EDOP and recommended approval with conditions to Eagle County. At this public hearing, Eagle County, as the governing body having jurisdiction,now must review the proposed Certificate of Designation and take action to approve or deny such request for a Certificate of Designation with conditions for the Vail Honeywagon Class III Composting Facility. 4 03/13/2018 Holli Strablinzky stated that the applicant had requested tabling the Certificate of Designation and resolution Approving the Certificate of Designation until March 27th at 10:30 a.m. Commissioner McQueeney moved to table the Certificate of Designation to Vail Honeywagon for a Composting Site at the Ute Creek Storage PUD until March 27, 2018 10:30 a.m. Commissioner Ryan seconded the motion. Business Items 1. Resolution Approving the Certificate of Designation for the Vail Honeywagon Class III Compost Facility and Authorizing any County Commissioner to Execute the Certificate of Designation for the Vail Honeywagon Class III Compost Facility Ray Merry,Environmental Health Executive Summary: A resolution is necessary to memorialize the approval of the Certificate of Designation for the Vail Honeywagon Class II Compost Facility. This resolution will enable any Commissioner to sign the Certificate of Designation. Commissioner McQueeney moved to table the Resolution Approving the Certificate of Designation for the Vail Honeywagon Class III Compost Facility and authorizing any County Commissioner to Execute the Certificate of Designation for the Vail Honeywagon Class III Compost Facility until March 27, 2018 at 10:30 a.m. Commissioner Ryan seconded the motion. The vote was declared unanimous. Holy Cross Room Discussion of Proposed Supplemental Budget Items Work Session - Eagle County Room Joint Meeting of Board of County Commissioners and Eagle Valley Land Trust iii'et0o� ; rya There being no further busine'. .�, , :*..d,the meeting was adjourned until March 20, 2018. 0 p` it COLOlb 12-4-4•14.-41A Attest: V o � Clerk to tl e Board an 11-ZJ 5 03/13/2018