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HomeMy WebLinkAboutMinutes 03/22/94 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING MARCH 22, 1994 Present: Johnnette Phillips James Johnson, Jr. George "Bud" Gates James Fritze Sara J. Fisher Chairman Commissioner Commissioner County Attorney Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County commissioners for their consideration: NWCCOG, Grants Karen Thorson, NWCCOO Program Administrator, appeared and introduced Phil Frank, representing Eagle County with the loan fund. She stated she was present today to informed the Board of the close out and new application for grants from the Office of Business Development. She explained the program to the Board. Commissioner Gates asked if the Town of Gypsum had made application for a business loan and asked if Ms. Thorson had suggestions on how to irrprove situations in Eagle County. Ms. Thorson stated the loans were limited to four types of businesses. Mr. Frank stated NWCCOO has helped the Dotsero Block Plant and Tim Kelly at the Ea;1le County Airport with his business. Comrrussioner Johnson asked if the County had met all requirements for participation. Ms. Thorson answered yes the County has met all requirements. Discussion continued on the loan program. Commissioner Gates moved to approve the NWCCOO Application for Grants to the Office of Business Development. The Chairman shall be authorized to sign said grant. Commissioner Johnson seconded the motion. The vote was declared unanimous. Homestead Subdivision, Phase II sid Fox, Planning Manager, presented a Construction Irrprovements Agreement for Arlington Place, Homestead Subdivision, Phase II. He stated this agreement relates to multi-family dwelling units constructed in the PUD. Staff recommended the agreement be approved. commissioner Johnson moved to approve the Construction Improvements Agreement for 170 Arlington Place, Homestead Subdivision, Phase II. Commissioner Gates seconded the motion. The vote was declared unanimous. 1041 permit Amendment, Vail Valley Consolidated Water District sid Fox presented the next item on the agenda, discussion on the amendment to the 1041 Permit for Vail Valley Consolidated Water District. He explained the water line will now be in a trench under the river rather than on the bicycle bridge. He stated the Planning Commission recommended a~proval wlth the condition the applicant consult with the Division of Wlldlife concerning the stream crossing. Staff recommended approval. Commissioner Johnson stated condition number four of the permit ap~roval specifically states the applicant shall not conduct any construction prlor to 1 June 15 and no later than September 30, 1994. Mr. Fox stated the intent of the condition was so not to irrpact the wildlife migration corridor on the hillside. Chairman Phillips asked if Commissioner Johnson believes there has been a violation of the 1041 Permit. Jim Fritze stated the condition is clear but has been interpreted it to mean only the hillside. He stated the applicant should have said something when the Resolution was signed. Gail Crider, vail Valley Consolidated Water District, stated the District has been in close contact with Bill Andrea, Division of Wildlife, who has stated it was all ri;1ht to be in the creek corridor and the river area at Dowd Junction. She lnformed the Board the District has been working with the Division of Wildlife and the Corps of Engineers as the stream spanning. Jack Lewis asked about documentation for what is being represented from the Division of wildlife. Mr. Fox stated there has been corrmunication with the Division of wildlife which perhaps has not been documented but is satisfied Mr. Andrea knows what is going on. Commissioner Johnson stated with the condition from the Colorado Department of Transportation concerning dates, the applicant is not abiding by dates issued in the ~resent permit. Mr. Fritze stated lf the Board's concern is limited to the Division of Wildlife, with the condition as suggested by the Planning commission, they can make the modification approval conditional on a written response being received from the Division of wildlife. Discussion continued on the possible violation and amendment to the existing ~ermit. COnmlssioner Johnson moved to approve file number 1041-022-93, amendment, a technical amendment to the original 1041, file number 93-92, adopted by this Board last year. Staff findin;1s and recommendations shall be inco:rI??rated in the motion. The Planning Comrrussion recorrmendation shall be substltuted with language stating "the applicant shall obtain consent of the Colorado Division of Wildlife and adhere to the dates set by those recorrmendations. " Commissioner Gates seconded the motion. In discussion, Commissioner Johnson stated he does not believe the applicant has demonstrated a need to change this amendment. He stated the possible environmental disturbance will be created. He stated the disturbance of the river bed is not necessary for this application. Commissioner Gates disagreed to a certaln extent as he believes the Board cannot hold somebody responsible to someone else's actions. Chairman Phillips called for the guestion on the motion. corrmissioners Phillips and Gates voting yes and comrrussioner Johnson voting no. There being no further business to be brought before the Board the meeting was adjourned until March 28, 1994. Attest. ~~ 2