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HomeMy WebLinkAboutMinutes 01/11/99 PUBLIC HEARING JANUARY 11, 1999 Present: James Johnson, Jr. George "Bud" Gates Johnnette Phillips James Hartmann Sara J. Fisher Chairman Commissioner Commissioner County Administrator Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Consent Calendar Chairman Johnson stated the first item on the agenda is the consent calendar as follows: A) Approval of bill paying for week of January 11, 1999, subject to review by County Administrator B) Resolution 99-004, approving Occupant Protection Twist Campaign Contract C) Signature page for Occupant Protection Twist Campaign D) Resolution 99-005, to adopt changes to CCOERA's deferred compensation plan E) Fourth Amendment to Agreement for professional services for GIS Implementation Study Commissioner Phillips stated Band C is a grant and it is for child safety seats. She stated it would be funded by the State. She questioned once it goes away what will they do with the people. Chairman Johnson suggested it is not for additional people as the grant is not that large. He suggested the best thing to do would be to table it until someone is here from the Sheriff's office. Commissioner Phillips suggested it will only be funded by the State and if it isn't forthcoming, it won't cost anything. Commissioner Philips spoke to item D and the deferred compensation plan. She asked Mae Pittman about the amendment and the retirement age being 70 1/2. She asked if Commissioner Gates will be able to take advantage of this. Mae Pittman, Human Resources, stated it is a combination of age and service. She stated she will review it. Commissioner Gates stated he doesn't have to take his compensation at this time but at age 70 ~ he will have to take 10%. Commissioner Phillips asked if they allow contractors to be part of the retirement plan. She spoke to the definition of eligible employee also being a contractor. Ms. Pittman stated that would be agreed to at the time of the contract with the subcontractor. Bob Loeffler, Assistant County Attorney, stated that has been in the last two versions ofthis plan. Commissioner Phillips suggested they could always not include it. Chairman Johnson suggested it would be negotiable with the independent contractor. Commissioner Phillips suggested she is concerned with retirement being part of any contract or the contractor knowing that they can do that. Ms. Pittman stated the individual contractor would have to work with the County for a year to be eligible. Mr. Loeffler stated this is a standard contract generated by the Association. It might be helpful I 01-11-1999 to have their explanation as to why it is included. He suggested they could ask for an explanation or they could meet with them to discuss the provisions. Chairman Johnson asked who is a member of the CCOERA Board. Commissioner Phillips stated she was on it but no longer is. She stated she can look into the issue just the same. Commissioner Gates moved to approve the consent calendar as presented. Commissioner Phillips seconded the motion. In discussion, Commissioner Phillips stated the County will apply for the Occupant Protection Twist Campaign Contract Grant and if approved by the State, it will then be discussed with Sheriff Johnson. Commissioner Gates suggested they want to make sure the additional person(s) are dealt with properly. Chairman Johnson called for the question on the motion. The vote was declared unanimous. Plat & Resolution Signing Terri Bernath, Planner, presented the following plats and resolutions for the Board's consideration: S.B.-OOl11. Lot 4. Arlian Ranch Subdivision. She stated this was a Minor "Type B" Subdivision, a resubdivision of Lot 4 to create two (2) lots, Lot 4 A and Lot 4 B, along with an access easement and a utility easement. Commissioner Phillips moved to approve final plat file number SB-OO 111, Lot 4, Arlian Ranch Subdivision, incorporating staff findings. Commissioner Gates seconded the motion. The vote was declared unanimous. Resolution 99-006. ZC-00029. Donlon Ranch PUD Zone District Amendment. She stated this was a resolution to approve the Zone District Amendment for the Donlon Ranch Planned Unit Development to allow for the addition of two (2) additional dwelling units. The Board considered this file on December 14, 1998. Commissioner Gates moved to approve Resolution 99-006, ZC-00029, Donlon Ranch PUD Zone District Amendment. Commissioner Phillips seconded the motion. The vote was declared unanimous. Resolution 99-007. PDA-00017. Donlon Ranch PUD Amendment. She stated this was a resolution to approve the Amendment to the Donlon Ranch Planned Unit Development for the purposes of revision to allow for the addition of two (2) accessory dwelling units, and to amend the building envelope for parcel "A". The Board considered this file on December 14, 1998. Commissioner Gates moved to approve Resolution 99-007, PDA-00017, Donlon Ranch PUD Amendment. Commissioner Phillips seconded the motion. The vote was declared unanimous. Resolution 99-008, Landing Fees Jim Elwood, Airport Manager, presented Resolution 99-008, establishing the landing fees for 1999 at the Eagle County Regional Airport. He reviewed the fees for the Board and recommended approval of the resolution. He explained the increase to the Board and the total airfield costs being $1,474,534.00. He explained the mathematics coming out to the $3.15 fee being asked for today. 2 01-11-1999 Commissioner Phillips moved to approve Resolution 99-008, establishing the landing fees for 1999 at the Eagle County Regional Airport. Commissioner Gates seconded the motion. The vote was declared unanimous. Resolution 99-009, Land Use Regulations-Building Code Joe McGrath, Eagle County Building Inspector, presented Resolution 99-009, adopting the amended Chapter III, Land Use Regulations-Building Code. He reviewed the resolution for the Board and recommended approval. Chairman Johnson spoke to the letter from Kenneth Williams they received. He asked Mr. McGrath if he had a copy. Commissioner Phillips questioned him not having a copy. Renee Black, Asst. County Attorney, spoke to the e-mail she sent. Mr. McGrath stated the State of Colorado has not accepted aquapex at this time. They are having a meeting later this month when they will discuss this. They seem to be hush hush at this point and as it stands, it is not accepted for use by the State of Colorado. He stated as far as he is concerned they have to do the same. His recommendation is they do not buck the system because they don't need another law suit. Commissioner Gates asked about the pre-built facilities. Mr. McGrath stated since we don't have a fire Marshall, there are different standards. One arm says you can use it but the State Plumbing Board has said you can't use it. Chairman Johnson spoke to Mr. William's letter and his stating that it is a change from what we have been doing in the past. Mr. McGrath stated Mike Wheelersberg was allowing it for a short time but as a result ofMr. McGrath meeting with the Board, they agreed not to allow it. Chairman Johnson suggested then there is not real change in the regulation and how the Board is handling it. Ron Brave, representing the Eagle Valley Homebuilders Association, thanked Mr. McGrath and his staff for the time and energy they have put forth in amending this document. He thanked them for their work and stated they are in favor of the new regulations. Ken Williams, the author of the letter, stated he would like to see it go in and feels it is a better product than copper, it is less time consuming, keeps better water quality than copper, has a twenty-five year warranty and a better product for the area. He asked it be looked at as an alternate material. It can help to keep the cost of building down. Commissioner Gates reminded Mr. Williams the Board cannot approve it until they can get approval by the State Plumbing Board. Mr. Williams suggested other entities within the State are using it. Chairman Johnson spoke to the monies spent in the past on fighting a law suit. He stated the newer materials must wait for approval by the State. He stated they must protect the tax payers by avoiding litigation. He hopes that a letter to the State would be appropriate specifying the reasons it should be used. Commissioner Phillips stated she thinks it is refreshing to have a plumber that will recommend something that is less expensive. She reflected on the StudorVent approval. She stated she knows there is some discussion at the State level and she agrees that getting it into the code is the best way to go about it. Bill Williams stated he is disappointed not to have more people of the building industry present. He stated he is not in favor of adopting the 1999 code as there are many many things that will cause greater expense to the builders. He stated the individual situations of Eagle County need to be 3 01-11-1999 addressed. He spoke to the State Plumbing Board suit and the efforts of the County. He stated the code is hard to read. He stated there must be common sense. He asked that the building department use common sense because the book can't tell you everything that needs to be known. He wished they would have taken the time to analyze the code because it is going to effect the County tremendously. He stated he doesn't even know how to read the rules. He thanked the Board. Chairman Johnson asked if Bill worked with Mr. McGrath on drafting this policy. Mr. Williams stated he didn't know about it until he learned it was happening. Commissioner Phillips spoke to the previous experience. Mr. Williams stated SudorVents is one sector. He spoke to the handicapped thing. He stated it is difficult to interpret. They have a real problem in the field. If they have a conflict, who do they speak with. Mr. McGrath suggested he speak with Ms. Snow in Denver. He spoke to the access issues with handicapped. He stated the interpretation depends on the building official. He stated he is disappointed that more people don't stand up. He stated he thinks that with the speed, the lack of input, to adopt the 1997 code will only cause the cost of homes to be higher. If cost increases quality, it's okay, but he sees this as having a reverse effect. Ron Brave stated the homebuilders association has been working for over a year meeting once a month with all the building officials from all of the towns, fire departments, engineering departments, etc. He spoke to the codes and standards committee of the homeowner's association which has worked with County staff and town officials. This group has been meeting for three years to discuss gripes, hardships, etc. He stated it is not only open to members but to the public. He stated it is advertised in the homebuilders newsletter, but they invite participation by all. Chairman Johnson asked Mr. Williams for other specific areas. Mr. Williams stated he doesn't know what is being adopted other than the books. Mr. McGrath stated they are adopting the Uniform Building Code of 1997, Volumes I, II, III Uniform Fire Code, Volumes I and II, Mechanical Code, Hot Tub Code, Energy Code. He read the entire list of the codes that are effected and will be in use. He stated they have read and amended the 4,000 some pages of building codes. The amendments bring these codes into compliance in Eagle, Colorado meeting the requirements here in the county. He stated they have been working together on this for well over a year. Commissioner Phillips spoke to the absence of State inspectors and her belief that any alternative materials that are cheaper and better should be given consideration. She asked that we work toward that. Mr. McGrath stated the State is being lobbied. He stated it is an excellent product. Chairman Johnson stated there needs to be given some more thought to some ofthe issues that are being proposed for adoption today to see that it fits our environment and meets the needs of the builders of Eagle County. Mr. Williams stated he is a member ofthe homebuilders association but he does not read every newsletter. He stated that is his error. He spoke to the snow loads. He spoke of four unanswered phone calls. Mr. McGrath stated the engineers want the snow load at 48 inches. He stated it is usually those doing soil reports. Mr. Brave stated that came up, was discussed that they had. The discussion was that 90 to 95% went to 48 inches. He spoke to the chart that was done as a result of research done on snow loads specifically in Eagle County. He said it may not be perfect but there was a lot of time. Mr. Williams spoke to the frost depths. He questioned if it is the same in East Vail as in Gypsum. Chairman Johnson stated the snow load in Fulford is 120 lbs per square foot, the snow load for Vail Pass is 98 lbs per square foot. Why the difference. Mr. McGrath stated these figures come up from the State. He stated they added the revision that 4 01-11-1999 shows the calculation. He stated people have built with these for years. He stated they have not had a whole lot of problems. Ms. Black spoke to the 1997 building code and the ADA going into effect and changes made to federal law which mandates implementation. Mr. Williams spoke to interpreting intent. The intent is to make it safe, keep it fire resistant, etc. The handicapped are some of the most difficult to interpret. Chairman Johnson said he can understand where Mr. Williams is coming from and they must protect the people's interests. They may resent it, but there may be good reason for it as well. Chairman Johnson suggested Mr. Williams saying they don't want to reduce the standards but if they can build it for less money and keep the costs cheaper it makes sense. He spoke to the snow load issue and a blanket requirement when one is not necessarily needed. Chairman Johnson asked how many books they are adopting. Mr. McGrath stated fourteen. Chairman Johnson stated it comes down to the same issue as land use. He asked if they should adopt them all or if they should look at them individually to be sure that they are right for Eagle County. He stated if it means going back and reviewing with the right people taking part, they might get a better product for the community. He suggested they might take it piece by piece. Mr. McGrath stated they have been doing this for over a year. Chairman Johnson stated he understands but it is better to do it right than to do it fast. Mr. Brave stated the homeowner's association put in time and effort on the land use regulations. He stated they have been working on this for over a year with local architects, builders, engineers. These codes are interwoven and it is difficult to adopt one without the other. The code body is a hugh group oftalented people and what they've spent their time on is tailoring the building code for Eagle County. They are changes they felt were needed for Eagle County. He stated when they came before the Board on the land use regs they presented an entire document with all the recommended changes. He stated it would be a disservice to put them back in 1991. He stated there are federal regulations and fire code regulations they need to follow. The insurance agencies look at the issue date they adopted the standards. These codes are not something they asked one person to put together. There has been a lot of time and effort involved. The fire departments, towns, engineers, architects, etc have all helped. He does believe it will be of service to the County. Commissioner Gates suggested they can be further amended. Tom Boetcher, an electrical engineer practicing in Eagle County, stated standardization is good. He deals primarily with the electrical. He stated this is an intermediate step. The effort in the nation is to standardize. He spoke to the different codes needed for compliance. He stated if they look to the future and work toward the goal of adopting standardized codes this is a step. He stated not adopting codes is a bad thing, you get way behind and the cost of coming up to speed is more expensive. He thinks it would be a disservice to the community not to adopt the new codes. He believes these to be items of convenience for Eagle County. Chairman Johnson asked if tabling this for 30 days they would be doing a disservice. Mr. Boetcher stated he can't respond to that. In March he stated the State will be adopting some new codes. He stated it is frustrating to be working under various codes. He thinks the work in amending the codes adopted should work toward minimizing them. He stated if they have standard codes they must look at the value of that. Chairman Johnson asked ifMr. Boetcher knows how many other Counties have adopted the new codes. He asked because he is concerned if by delaying this for thirty days they are going to be so far behind the eight ball. Mr. Boetcher stated it may effect the upcoming building season. Mr. McGrath stated they are pushing this to be done as they are going to be audited this month. 5 01-11-1999 He explained if they have not adopted the amendments, the cost of insurance will go up. They worked together with the other jurisdictions to make this uniform. Mr. Williams stated he doesn't have any insurance companies threatening to raise the insurance. Chairman Johnson spoke to the insurance. Mr. McGrath explained it is for all new buildings and newly built construction. Ms. Black spoke to the homeowner getting the break. Mr. McGrath stated it is for all insurance. Mr. Williams stated he is not sure what is being adopted because he is not sure where it is. He spoke to the fire code in Riverwalk and the fire alarm systems. He spoke to his opposition stating they have about four false alarms a month. They are costly. He explained when their alarms go off, no body looks up. That is what is a risk. Now they have created a situation that defeats the efforts. Without the technology what good are the rules. He stated he didn't realize as many people have had input. He stated he spoke with folks who didn't know it was happening and didn't know the process was taking place. He can't think there is a reason anything will be hurt with not approving it today. Commissioner Gates stated he has no objections to working on this further but doesn't see a need to hold off approval for thirty days. Commissioner Gates moved to approve Resolution 99-009, adopting the amended Chapter III, Land Use Regulations-Building Code. Commissioner Phillips seconded the motion for discussion. In discussion, Commissioner Phillips spoke to the need to review more specifically for new products, referring back to the StudorVents. She thinks these can be amended and the discussion Mr. Williams has had, that it can be brought forward. The concern of not adopting because of the insurance increases she feels makes it reason to support the adoption now. Chairman Johnson stated he is disappointed it can't be tabled for additional review. He spoke to trying to get to all the effected organizations. The issue is not raising the insurance rates, but not reducing future rates by looking more closely at what is to come. Commissioner Gates called for the question on the motion. Commissioners Phillips and Gates voting aye and Commissioner Johnson voting no. County Payroll Chairman Johnson brought up the fact that payroll had not been approved for this pay period. He asked for a motion to do so. Commissioner Gates moved to approve the payroll for Thursday, January 14, 1999. Commissioner Phillips seconded the motion. The vote was declared unanimous. ZC-00027 & PDP-00012, Dotsero Ranch PUD Eric McCafferty, Planner, presented file number ZC-00027 & PDP-00012, Dotsero Ranch PUD. He stated this was a request for a preliminary plan application for a commercial and residential subdivision. He stated this property is located approximately 0.5 miles southeast of the Dotsero 1-70 interchange. He introduced Mr. Boni, from Knight Planning and the applicant Kurt V ogelman. He handed a letter to the Board for their review addressed to Tambi Katieb, dated January 11, 1999 from Wright Water Engineer's Senior Consultant, William Lorah. There was also a letter from Tom Boni referencing the letter. The Board reviewed the information. Mr. McCafferty reviewed the application and staff s report and the conditions placed on the file at sketch plan. Mr. McCafferty spoke to the zones. He stated the tabling was postponed for 1041 review. He referred to Wright Water Engineer's report and their concern with the water in the business 6 01-11-1999 portion of the development. They recommend the approval be conditioned. He reviewed the conditions and suggested it might be reviewed by the Planning Commission. Mr. McCafferty stated having just received the letter this morning and the outstanding issues on page nine of the report be taken into consideration. He stated there are issues not in compliance. The Planning Commission did recommend approval notwithstanding the 1041 issue with conditions. He referred to the conditions and the need for compliance, otherwise, he suggested it go back to the Planning Commission. Mr. McCafferty reviewed the conditions. Jim Fritze, County Attorney, questioned the proposed provision from Knight Planning. He suggested it may be fine for irrigation but for manufacturing or industrial purposes they must have a greater supply. Industry is not exempted. He is suggesting that the Board and the applicant may want to look at that condition. It is fine for irrigation water but not water used for industrial. Mr. McCafferty questioned the last sentence about water being allowed to wash vehicles. Mr. Fritze stated if it is a car wash it would not require it being potable. He doesn't know how closely that is figured. He is bringing this up first as the threshold question is whether they should hear this without the 1041 being in place. On its face, it is ten units, but they contemplated and are willing to make limitations because they will be using less water. The question is up to the Board. Chairman Johnson stated there is a threshold question that must be answered before any decision for approval. Commissioner Gates stated he would not like to see it move forward without it. Commissioner Phillips stated she wants to know why they think they can. Jim Fritze suggested that the Water Engineer is saying that it is less than ten if certain conditions are in place. If they put in a car wash, it will be over ten. There is no language to give the guidance. Ray Merry, Environmental Health Officer, stated the threshold of what determines a major new water treatment system that will be providing water to ten or more single family uses or the equivalent. They are close to ten residential units. In working with the engineers there was a proposal submitted about how the calculations came about. He explained they focused on the commercial uses. He used UPS which will not utilize much water. What happens, however, when they wash their trucks. That is what proposed the no vehicle washing. He spoke to the 1041 regulations and the industrial municipal water provisions. He asked if it is a major new industrial system and if so how do they keep it out of the distinction. He stated they are getting closer to being comfortable with it not needing the 1041 based on the controls in the PUD guide. He thinks they must go further and they must pare down the uses allowed within the PUD to avoid having the heavy water users. Mr. Fritze stated he told Mr. Boni it would be up to the Board and they must also cover the use of non-potable water. Commissioner Gates suggested they think they need a 1041 but they may not if they get more in favor of not. Mr. Fritze stated they are trying to suggest that by having certain conditions they can draw the water use under the ten. He spoke to the irrigation and it not requiring a 1041. Mr. Boni stated the direction they were taking before this meeting was listing the uses as part of the special use permit. With exception of one of those uses, they are all strictly minimal water users. He read the list that environmental health and planning reviewed with them. He stated they didn't have a lot of component as to the water usage. He stated their intent w~s that they weren't going to have high use. He explained. He stated they would limit the amount of officeJ.lse with the rest being warehouse and shop use. He questioned how they will list this. If those two things don't make people feel they are under the 3000 a day they'll back off. They were not opposed to going for a 1041 in the first place. He stated they are not doing a wash yard. They were looking to the non-potable system. He asked if you have two systems and both are less than 3000 gallons are you under the 1041. It's incidental to the operation but not the purpose. They were unaware washing the truck was an issue. 7 01-11-1999 Kirk V ogelman stated they were told back last August they would not need a 1041. The Planning Commission stated they could put in two small residential units. They reduced that to nine units. The new engineer's view point is they will need more water than they would have otherwise. He stated they are now at the last minute, having placed restrictions. He asked if in the augmentation plan they have two wells and infiltration gallery. He asked about using those differently. He spoke to having made it five different projects. Jim Fritze explained. Mr. V ogelman stated all he needs and what he wants is good direction. Mr. Fritze explained they started with eight, the Planning Commission added two and now they are at ten. He stated no where in the regulations does it speak to the 2000 gallons. He stated he saw the letters after they spoke on the phone. He suggested part of the way this is being sold is that all these other uses of water are minimal. He stated the concern is not with washing a truck or a car, its more if you have a plant that is using it regularly, blacksmith shop, catering, there may be issue. He thinks you can get there with the right kind of condition and Mr. Merry seems to think that you are close to being there. The water thing is the threshold. Chairman Johnson suggested this be tabled so that staff can get the rest ofthe information needed to get this all together. The issues need to hammered out. Mr. Fritze spoke to the meetings that he had scheduled with Tom which were canceled. He thinks they can work out language that will take care of this. He doesn't think they can make a decision without the 1041. He reminded the Board that the applicant may be out of town and they may want to present their information today. Chairman Johnson suggested they will have a change of Board and that doesn't work out. Mr. Vogelman asked ifthey can come in later ifthey find they are using a greater amount. Mr. Fritze responded it would only be triggered if other uses were applied for at a later time. Commissioner Gates moved to table file numbers ZC-00027 & PDP-00012, Dotsero Ranch PUD, to January 25, 1999. Commissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Gates spoke to the future of the property and where they will be if and when they expand the use of the. Chairman Johnson explained. There being no further business to be brought before the Board the meeting was adjourned until January 12, 1999. Chairman Johnson stated there will be a special meeting held tomorrow, January 12 to swear in the newly elected officials. The meeting commences at 11 :45 a.moo Also at that time is the Resolution appointing the other Eagle County officials. ~ Chairman. ' - Attest: Clerk to the Bo 8 01-11-1999