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HomeMy WebLinkAboutMinutes 08/28/18 PUBLIC HEARING August 28, 2018 Present: Kathy Chandler-Henry Chairman Jillian Ryan Commissioner Jeanne McQueeney Commissioner Jeff Shroll County Manager Beth Oliver Deputy 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 McQueeney gave a shout out to the Eagle County team of women that attended the recent Women's Foundation event. Commissioner Ryan spoke about the community meetings taking place.Tonight the board would be meeting with the Town of Basalt. Chairman Chandler-Henry stated that the county received a Transit Planning Award from the Highway Commission for electric buses. She also gave an update on a Colorado Association Ski Towns meeting. Overuse of certain areas in resort communities was a concern and funding the Federal Management Agency to keep campgrounds open and natural resources in good shape was discussed. Another concern was the effect of climate change on the economy. She also gave a shout out to the friends of Eagle who hosted a community dinner for about 1,000 on Sunday afternoon. Consent Agenda 1. Lease Agreement between Eagle County and Eagle Valley Childcare Center Corp. Jan Miller, Facilities Department 2. Resolution 2018-066 Finalizing the Approval of the Special Use Permit for Ajax Kid's Camp ZS-6549 Sean Hanagan, Planning 3. Agreement for Procurement and Installation Services between Eagle County and Impressions of Aspen, Inc. Kristin Degenhardt, Project Management 4. Approval of the Minutes of the Board of County Commissioner Meetings for July 3, July 10,July 17, and July 24, 2018 Kathy Scriver, Clerk&Recorder's Office 5. Easement Agreement with David and Sue Mott for Horn Ranch Pedestrian Bridge Kevin Sharkey,ECO Trails 6. Restated Third Amendment to Amended and Restated Fixed Base Operator Concession and Lease Koltin Howard-Talbott,Airport 1 08/28/2018 7. Agreement between Eagle County and Walking Mountains for the Eagle Valley Outdoor Movement project Adam Palmer, Sustainable Communities Commissioner McQueeney moved to approve the Consent Agenda for August 28, 2018, as presented. Commissioner Ryan seconded the motion. The vote was declared unanimous. Constituent Input Chairman Chandler-Henry opened constituent input. Joanne Rock spoke about the new school year and shared how she'd be spending the next week on vacation. She talked about the food stamp program, and she agreed with the upcoming proposed changes. Chairman Chandler-Henry closed constituent input. Business Items 1. Memorandum of Understanding between Eagle County Clerk and Recorder and the Board of County Commissioners for the County of Eagle State of Colorado Concerning the Nov 6, 2018 General Election Diane Mauriello, Open Space Executive Summary: This Memorandum of Understanding sets forth the obligations of the Eagle County Clerk and the County Commissioners should the Commissioners elect to place question(s) on the ballot for the November 6, 2018 election. Regina O'Brien stated that the memorandum of understanding simply outlined the responsibilities of each party. The Board of County Commissioners provided the language for the county question. This memorandum of understanding was done with any entity wanting to coordinate an election with the county. Commissioner Ryan moved to approve the memorandum of understanding between Eagle County Clerk and Recorder and the Board of County Commissioners for the County of Eagle State of Colorado concerning the Nov 6, 2018 General Election. Commissioner McQueeney seconded the motion.The vote was declared unanimous. 2. Resolution 2018-067 Adopting a Third Supplemental Budget for 2018 Jill Klosterman, Finance Executive Summary: BoCC reviewed the 3rd Supplemental Budget request on August 22, 2018. This request is to approve a $1,645,516 increase to the 2018 Eagle County budget. Ms. Klosterman presented the request and highlighted the supplemental. The biggest increase being requested was for a new Emergency Response Department. In addition,there were increased security costs,El Jebel roundabout costs, ECO Transit overtime, changes in Public Health grants, changes in the Capital Improvement Funds, increases to the Landfill Fund, and changes made to the insurance reserve fund due to increased payouts. Commissioner Ryan stated that the supplemental was generally done quarterly. She appreciated this type of tool rather than padding the budget at the beginning of the year. She appreciated the explanations and details provided for the expenses. Chairman Chandler-Henry asked about the insurance reserve fund. 2 08/28/2018 Ms. Klosterman stated that the fund was funded every year. In years when there were fewer claims,the money stayed in the reserve fund. This year they would be using some of the fund balance to cover insurance claims which in years past had not been spent. The details of all the requests were available online. Commissioner McQueeney thanked Ms. Klosterman for her thorough presentation. She believed it helped reinforce the goal of transparency. Commissioner McQueeney moved to approve the resolution adopting a Third Supplemental Budget for 2018. Commissioner Ryan seconded the motion. The vote was declared unanimous. 3. Third Amendment to Agreement between Eagle County and the Roaring Fork School District-Basalt Elementary School Preschool Kendra Kleinschmidt, Human Services Executive Summary: The Early Head Start(EHS) program contracts with the Roaring Fork School District-Basalt Elementary School Preschool to provide childcare to program participants in Western Eagle County. This contract amendment increases the dollar amount to reflect the 2018 Cost of Living Adjustment for Basalt Elementary School Preschool staff who worked directly with EHS children. In addition,this contract amendment also increases the dollar amount to reflect an increased number of purchased childcare slots, from two slots to four slots. Commissioner McQueeney stated that last week there was a similar resolution on the agenda. This one was for teachers in the EHS programs in the Roaring Fork Valley. Commissioner Ryan moved to approve the amendment to agreement between Eagle County and the Roaring Fork School District—Basalt. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 4. Easement Agreement for Use During the Construction of a Public Trail as Part of the Edwards Interchange Upgrade Phase II Rickie Davies, Engineering Executive Summary: Easement agreement for use during the construction of a public trail as part of the Edwards Interchange Upgrade Phase I1 Mr. Davies explained the reason for the easement and reconfiguration of the trail. This was temporary but would become permanent.Additional information could be found on the Eagle County website. Commissioner McQueeney n moved to approve the easement agreement for use of a public trail as part of the Edwards Interchange Upgrade Phase II. Commissioner Ryan seconded the motion. The vote was declared unanimous. 5. Resolution 2018-068 Acknowledging Receipt of a Permanent Public Trail Easement Resulting from CDOT's Reconstruction of the Edwards Spur Road Rickie Davies, Engineering Executive Summary: Resolution acknowledging receipt of a permanent public trail easement resulting from CDOT's reconstruction of the Edwards Spur Road Commissioner Ryan moved to approve the resolution acknowledging receipt of a permanent public trail easement resulting from CDOT's reconstruction of the Edwards Spur Road. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 3 08/28/2018 Planning Files 1. VIS-7485 Variance from Improvement Standards for Lot 13, Coulter Creek Ranches El Jebel Community Center, Sopris Room Nocole Mosby, Engineering Executive Summary: The Applicants seek a Variance from the following Improvement Standards in order to obtain a building permit for a Garage with an Accessory Dwelling Unit: 1. Dual Access (ECLUR 4-620.j.l.h) 2. Emergency Vehicle Turnaround Areas (ECLUR 4-620.D.10.d) 3. Emergency Vehicle Turnaround Areas(ECLUR 4-620.D.10.e) 4. Intersections with other Roads (ECLUR 4-620.J.9.c(8)) 5. Environmental, Geometric, &Design Standards(ECLUR 4-620.J): Lane Width Based on an analysis of the project, the staff has determined that the project conforms to the standards with adherence to the conditions of approval. Chairman Chandler-Henry opened the file. Ms. Mosby presented the file and showed a PowerPoint detailing the applicant's request. She reviewed the standards, staffs findings and condition of approval. Jason LaPointe, representative for the applicant, believed that staff had covered everything in their presentation, and he had nothing more to add. Chairman Chandler-Henry opened public comment. Michael Gasman spoke. He'd lived in the area for 19 years and expressed support for the application. Chairman Chandler-Henry closed public comment. Commissioner Ryan believed that staff did a good job of explaining the standards. She believed the County Engineering Department had found that the alternatives to the variances were acceptable. She was prepared to vote to support the variance. Commissioner McQueeney appreciated Mr. Gasman comments about offering conflict resolution. There was a balance between the standards and adverse impacts to the land. She felt that the applicant had mitigated the concerns about fire safety. Chairman Chandler-Henry concurred with her fellow commissioners and thanked Ms. Mosby for the through staff report. She believed that part of the review tied in with the 35-acre rule that limited land use authority. She believed the standards had been met. She supported staff recommendations to vote in favor of the proposal. Commissioner McQueeney moved to approve file no. VIS-7485, Variance from Improvement Standards for Lot 13, Coulter Creek Ranches with conditions. Commissioner Ryan seconded the motion. The vote was declared unanimous. Public Hearing 1. SD-7689 Tree Farm Metropolitan District Service Plan El Jebel Community Center, Sopris Room Adam Palmer, Planning Executive Summary: The applicant is proposing to create a metropolitan service district to provide public improvement and service needs associated with the Tree Farm PUD. The service district area would include 42.91 acres inclusive of the PUD. 4 08/28/2018 Mr. Palmer stated that the board would be considering the adequacy of the plan relating to the organization of the Tree Farm Metropolitan District and forming a basis for adopting a resolution approving the plan. The file was based on the Tree Farm PUD conditions. A metro district would create sales tax within the PUD boundaries for the purpose of generating revenue to be used to fund public improvements or services. The Service Plan Criteria was outlined in the staff report. He confirmed that the public notice had been done and the plan was consistent with the statutory criteria and identify services required by the approved PUD Preliminary Plan for the Tree Farm Project. The proposed service plan had been reviewed by the Roaring Fork Valley Regional Planning Commission on July 19th where they recommended approval. Mike Scanlan with Woody Ventures LLC introduced Tom George, District Council and Dave Mars, CFO of Woody Ventures. He explained that the service plan was the guiding document to make the capital investments. The financial plan was a component of the service plan. The projected funds would cover pedestrian trails, sidewalks, underpass improvements, drainage infrastructure, raw water infrastructure, and landscape improvements. The district affords the developer to spread out the costs overtime. The Roaring Fork Regional Planning Commission reviewed the plan and recommended approval. The district would create a more affordable product for residents to purchase if they were able to take some of the costs and pay them out over time. The process includes three sets of public hearings. The first starts with the Planning Commission,the second the Board of County Commissioners, and the third is the District Court. The District Court would establish a date for an election, which in this case would be November 6`". There were seven parts to the Service Plan. The public improvements were listed in the Service Plan. The Financial Plan described how everything worked over time. He described the major public improvements as outlined in his presentation and reviewed the revenue sources. As required by the Special District Act,the proposed Service Plan must demonstrate there is a sufficient existing and projected need for organized service in the area, is inadequate for present and projected needs, capable of providing economical and sufficient service, and the area to be include in the District has or will have the financial ability to discharge the indebtedness on a reasonable basis. Commissioner McQueeney wondered if the County Finance Director reviewed the proposal. Mr. Palmer stated that staff had reviewed the file but he did not believe Ms. Klosterman had not had an opportunity to review the file. Commissioner McQueeney asked Mr. Scanlan what would happen if the assumptions were wrong. Mr. Scanlan stated that they chose RBC Capitals the underwriter because they'd worked with other local companies. Like most underwriters they would take their Service Plan, estimates, and construction contracts and take them out to the market place. More than likely, it would be a bank in Colorado that would own it—in terms of the debt. Ms. Strablizky confirmed that in of the list of referrals, the Finance Department was not included Chairman Chandler-Henry opened and closed public comment as there was none. Commissioner McQueeney spoke about the financial liability and understood that the project would not move forward without debt being issued. She believed there were safe guards in place. The District Plan was a reasonable proposal. Commissioner Ryan believed the proposal met the criteria as defined by the Colorado Revised Statutes. Staff had concluded that the Plan was consistent with the nine criteria and the identified services listed in the approved PUD preliminary plan. Chairman Chandler-Henry thanked Ace Lane and the Tree Farm for lending their water to the Lake Christine fire. As far as the Service Plan for the Tree Farm Metropolitan District, she believed that staff and the applicant had demonstrated that the nine criteria had been met. Commissioner Ryan moved to approve file no. SD-7689 Tree Farm Metropolitan District Service Plan Commissioner McQueeney seconded the motion. The vote was declared unanimous. pGLE COQ, There being no further business befor: J � .. eeting was adjo rued until September 4, 2014. A , Attest: a.+d—trA 0lb14tw c_, coLORP if/ �/ / Got Clerk to the Board Chairma• t, V,-1 a Ui`i 5 08/28/2018