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HomeMy WebLinkAboutMinutes 01/25/99 PUBLIC HEARING JANUARY 25, 1999 Present: Johnnette Phillips Tom Stone James Johnson, Jr. 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 Phillips stated the first item on the agenda was the consent calendar as follows: A) Approval of bill paying for week of January 25, 1999, subject to review by County Administrator B) Approval of payroll for January 28, 1999, subject to review by County Administrator C) Memorandum of Understanding between Eagle County and Colorado Department of Transportation, regarding a grant for intersection safety improvements at Edwards Intersection. Commissioner Johnson moved to approve the consent calendar as presented. Commissioner Stone seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Scot Hunn, Planner, presented the following plats and resolutions for the Board's consideration: 5MB-00133. Lot 20. Highland Meadows, Filing No.2. He stated this was a Minor Type "B" Subdivision, a resubdivision of Lot 20 to create two (2) lots, Lot 20 E and Lot 20 W and an access easement for both lots. This plat does contain a duplex split caveat stating that only one (1) two- family residence may be built on the combined area of the two lots. Commissioner Stone moved to approve final plat file number 5MB-00133, Lot 20, Highland Meadows, Filing No.2, incorporating Staff findings. Commissioner Johnson seconded the motion. The vote was declared unanimous. 5MB-00144. Lot 11. Arrowhead at Vail, Filing No. 19. He stated this was a Minor Type "B" Subdivision, a resubdivision of Lot 11 to create two (2) lots, Lot 11 A and Lot 11 B. This plat does contain a duplex split caveat stating that only one (1) two-family residence may be built on the combined area of the two lots. Commissioner Johnson moved to approve final plat file number 5MB-00144, Lot 11, Arrowhead at Vail, Filing No. 19, incorporating staff findings. Commissioner Stone seconded the motion. The vote was declared unanimous. 5MB-00157, River Dance at Arrowhead. Phase I. He stated this was a Minor Type "B" Subdivision, a resubdivision of Parcels 1,4 and 5, Arrowhead at Vail, Filing No. 18, to create six (6) duplex lots, a parcel designated as "Future Development" and associated common area "A" on Parcel I, to create four (4) duplex lots and associated common area "B" on Parcel 4 and to create four (4) 1 01-25-1999 duplex lots and associated common area "C" on Parcel 5. This plat does contain a duplex split caveat stating that only one (1) two-family residence may be built on the combined area of the two lots. Commissioner Stone moved to approve final plat file number 5MB-OOI57, River Dance at Arrowhead, Phase I, incorporating staff findings. Commissioner Johnson seconded the motion. In discussion, Commissioner Johnson asked about the six duplex lots and four of those being on parcel # 1. Mr. Hunn responded it should read six duplex lots on parcel A and future development parcel and common area. The other parcels are creating four duplex lots. Chairman Phillips called for the question on the motion. The vote was declared unanimous. ZC-00027, PDP-00012, Dotsero Ranch PUD Eric McCafferty, Planner, presented file numbers ZC-00027 and PDP-00012, Dotsero Ranch PUD. He stated this was a request for a preliminary plan application for a commercial and residential subdivision. Mr. McCaferty stated they discussed this at length with the applicant. He stated he has a revised PUD Guide which he handed out to the Board. Mr. McCafferty reviewed staffs presentation stating that Tom Boni and the applicant Kurt V ogelman were present for the hearing. This is a Zone Change and Preliminary Plan review for the Dotsero Ranch Planned Unit Development, formerly known as the Vogelman PUD. The PUD proposes 60,000 square feet of commercial coverage, distributed over three (3) commercial lots with two (2) commensurate employee units on each commercial lot. The PUD also contemplates two (2) strictly residential lots, each proposed to contain provisions for a primary residential structure and a secondary residential structure. Thus a total of five (5) lots within the PUD, three (3) commerical/employee housing lots and two (2) residental lots. Mr. McCafferty reviewed the chronology ofthe application and then spoke to the changes in the permit made by the applicant. He spoke to the 1041 issues and the work the applicant has done with the Environmental Health Department. Mr. McCafferty reviewed the conditions presented at sketch plan. He spoke to the evolution since sketch plan and the changes submitted by the applicant. He stated the Planning Commission has recommended approval with conditions. Staff noted the other conditions recommended by the Planning Commission have mostly been satisfied by the PUD Guide. Tom Boni, Knight Planning, stated they are pleased to be here with the resolved matter of the 1041. He digressed to explain the site for the Board reminding them it had been the Satterwhite Log Home buisness on 35 acres of land. He spoke to the upper bench that has been disturbed by the logging but the lower benches have not. He spoke to the creation of three lots up above and a seperate area for residential. He spoke to the three zones of activity, each presenting itself to help reduce the view of the industrial operation. He explained the landscape easement, the second zone being parking. He stated the area slopes to the south and any area to the south will be protected from view. He explained the buffering and the natural placement of buildings. Mr. Boni explained the access and the application for two access permits seperating the commercial driveway from the residential. He spoke to the provision for a central water system. Mr. Boni spoke to the employee housing issue and the provisions placed on the application. He stated they would like to re-introduce the secondary unit if the County feels it is appropriate. If restricted to 1000 square feet, and made a part of the 5000 square feet, it would leave the choice to the owner. They identified lot four as the appropriate lot for that to occur. The open space issue mentioned by Mr. McCafferty was one previously used by the County. He suggested it was a carry over of an issue 2 01-25-1999 never solved. At the hearing, little time was spent on open space. He explained this has three areas of open space of one sort or another. He spoke to the landscape easement of approximately one acre and the pedestrian access easement to the rear of the area to an overlook. He explained the recess of the river in that area. He siad it is quite a site for a picnic area and walking path. They believe for commercial industrial this is the kind of open space that makes sense. Lots 4 and 5 are upwards of eight acres. They believe anyone living on those properties will have adequate open space. The desire is to try to preserve as much of the nautrallava flow and interspursed vegetation as possible. Overall they think they have met the intent of the open space recommendation by providing approximately 35% open space. He spoke to the spill plan. He spoke to the letter from environmental health and that provision being added to the PUD Guide. He explained the nature of their amendment to the PUD. They asked it not be a condition of approval. Lastly, regarding the setback, they have reviewed the regulations and the conditions of both sites. They have provided a 75 foot set back on lot 4. He explained further and suggested they can go with the Board's direction. Commisisoner Johnson stated the Planning Commission recommendations refer to sections of the PUD Guide that needed to be changed. He suggested those be taken out because they don't correlate to the new PUD Guide. Mr. Boni stated they have amended the PUD which they have handed out. He spoke to the adoption of language from the Division of Wildlife. He stated he discussed those issues with Mr. Loeffler and submitted the results of their discussions. Commissioner Johnson questioned who the money from the fines will be going to. Ifthey are infringements on the County's animal control documents the County would impose their regulations. He spoke to covenant enforcement. Jim Fritze, County Attorney, stated what the DOW referred to were fines by the homeowner's association and that those be in the covenents not in the PUD Guide. He explained. Commissioner Johnson stated he is uncomfortable with the recommendations of the DOW being incorporated in the PUD Guide and the reference to stray dogs. He stated they would not have a choice if in violation of the County's requirements. He explained his concern with it being in the PUD Guide and suggested it doesn't need to be there. Mr. Fritze concurred saying they can't amend or modify the rights under the law. He suggested it isn't needed. Commissioner Stone asked for explanation of having horses on lot #4. Mr. Boni stated he is unaware of any County regulations with regards to horses. He understands you can't have them in town but with a lot this size, part in the floodplain, it looked to be a potential place to keep a horse. He spoke to supplimental feeding and the acerage required. He stated he in unaware of any conflict with Eagle County regulations. He explained it is about an acre in size. Commissioner Johnson questioned the reparian areas. Mr. Boni stated the reparian will be fenced off. Commissioner Johnson stated he doesn't recall a previous request for housing horses. He stated the area is too small to house horses and he would like to see that taken out of the PUD Guide. Commissioner Stone concurred and questioned the compatability. Kurt V ogelman explained it is a nine acre lot. There is a field area of one acre. Commissioenr Johnson stated he does not believe it is compatible. Chairman Phillips questioned the mitigation on the water shed plan. Mr. McCafferty spoke to the 75 foot set back and the recommendation by the Planning Commission. The applicant seems to have the intent to go either way. If approved at 75 it would be in conformance. He noted in favor of the applicant, there will be Eagle Basin augmentation. In regard to the overall master plan, staff would find it in non-conformance as it was previously considered rural. 3 01-25-1999 Commissioner Johnson spoke to the timing of approval of the sketch plan, and felt it met a need to the community with affordable housing. Mr. V ogelman stated he will go along with the direction on the horses. On the set back from a visual/artistic view point, the 50 foot setback could provide a great opportunity for that lot. Commissioner Johnson referred to the site visit, the Eagle River Water Shed Program and the colaborative thinking. They would like to stay with that. Commissioenr Stone concurred with the 75. Commissioenr Johnson spoke to the fencing and recommendations by the DOW. He spoke to the residential privacy fences being seven feet minimum. Mr. Boni stated they may not want to fence the entire area. Commisisoner Johnson spoke to the security fence being seven feet high to deter deer. He stated the privacy fence should be the same as the security fence. Commissioner Stone asked about clean up of the site. He stated he has a concern over the time frame and questions the mitigation in advance. He spoke to fire protection. Mr. V ogelman spoke to the contract that gives Satterwhite two years to clean up. He stated he has already done some substantial clean up. He stated this is backed by a letter of credit and ifhe defaults, it is the applicant's responsiblity to finish cleaning it up. He stated the idea is to get the larger pieces out and small pieces can be mixed with the landscape burms. Commissioenr Stone stated he just wants to make sure the mitigation is complete. Commissioenr Johnson asked about the wildlife mitigation plan. Mr. Boni stated there is a committment to dedicate the requisit amount to the trust based on the disturbed area. Staff recommended approval with conditions. Commissioner Johnson moved to approve file number ZC-00027 and file number PDP-00012, Dotsero Ranch PUD, incorporating staff findings and conditions and making the changes in the PUD Guide as discussed regarding wildlife, horses and changing set backs. In discussion, Mr. McCafferty reviewed the changes being the deletion of#3. He spoke to the secondary units and the verbiage in the change. In sections E, F, and G they have been relocated. E and G could actually be removed. He spoke to the DOW revision and item H being rescinded. He stated on page 14 of the PUD Guide they delete the sentence on dogs and the section on horses. He asked for clarification on the fencing. Commissioner Johnson stated security fencing and private fencing should be a minimum of seven feet high in zones 3 and 4. Mr. V ogelman asked if item #5 can be deleted. Mr. McCafferty concurred. Commissioner Johnson stated #7 can be eliminated as well. Mr. McCafferty stated the PUD Guide will still need to be changed. Mr. Boni stated they can change that in the PUD Guide and adjust the building envelope accordingly. Mr. Boni asked if condition #3 is out. The Board agreed as it is covered in the PUD Guide. Commissioner Johnson amended his motion to incorporate the changes. He stated the final action of the Board will be the resolution when prepared and signed. Commissioner Stone seconded the motion. The vote was declared unanimous. 1041-0018, Basalt Sanitation District Tambi Katieb, Environmental Health, presented file number 1041-0018, Basalt Sanitation 4 01-25-1999 District. Accompanying the file is the SSI (State Site Inspection). Basalt Sanitation District (BSD) is proposing to expand the existing Basalt Wastewater Treatment Plant from 400,000 gallons per day (gpd) to 800,000 gpd due to the need to provide watewater service within the service area. The eventual capacity may be phased from 600,000 gpd capacity to the desired 800,000 gpd, based upon the Basalt Sanitation District growth projections and the captial costs associated with a major expansion. The first watewater treatment facility was constructed in 1968 to serve the original Town of Basalt, which then encompassed an area of approximately 107 acres. The current BSD service area now includes most of the Town of Basalt upstream from the watewater treatment plant serving approximately 880 acres and 1,257 service comments for an estimated population of 3,771. The current Facilities (201) Plan for the Basalt Sanitation District was prepared in 1974 and has yet to be updated or replaced. In addition to a 1041 application motion, a separate motion will be needed for the State Site Approval application. The Colorado Department of Public Health and Environment, Water Quality Control Division, allows 60 days for a local review and comment on the State Site Approval Applications. The nature ofthe comments are to be strictly related to the proposal's impact on water quality. Both the Board of County Commissioners and the Local Health Authority have a sign-off block available on this application. NWCCOG responded and Robert Ray was present. Also there are responses from the Department of Public Health, Town of Basalt. Mr. Katieb spoke to the most recent Town of Basalt letter, the updated response and resolution 99-02. That is part of staffs backup. Listed in staffs report are major concerns and issues. The first is conformance found on page 4. He spoke to the updates shown in italics. Number 2 is 208 conformance. #3 is shown on page 3 and he referred to the Planning Commissions recommendation. Both the Planning Commission and staff are recommending denial. Mr. Katieb turned it over to the applicant and the permitees. Jim Fritze stated the County refers this to a number of agencies but the actual decisions to be made are up to the Board. The Board should hear all evidence. This is the extension of an existing system governed by regulations and the Board is required to make an affirmative finding regarding all characteristics. Mr. Katieb stated he and Mr. Merry are available for questions. Mr. Katieb introduced a fax from the Sanitation District, a letter from Richard Jackson and two other letters from the Iberian Rug Company and Peter Nufrey. Mr. Merry stated there is one more from the Lazy Glen Homeowners Association. Copies are being made. Commissioner Johnson asked for clear copies as a couple of theirs were bad. Jim Lockhead, an Attorney from Glenwood, introduced himself, Michael Arean and Wayne Lorenz. They are representing Basalt Sanitation District. He asked the meeting minutes of 5/12/98 regarding the meeting of 5/8/98 be entered into the record. It was a meeting between County Staff, Consultants and Staff from the Sanitation District. He asked the 1041 application, Supplemental, District's Site Survey be entered into the record. He spoke to a phone conversation and the notes from that conversation. He spoke to a meeting held at the Basalt Town Hall in which a Pitkin County Commissioner, Staff, Town of Basalt Staff, Basalt Sanitation District members were present. The meeting was held 12/23/98. He introduced those into the record. Chairman Phillips accepted them into the record. Mr. Fritze agreed they be admitted into the record but because some are notes and not official meetings, they might be hear say and he advised they be weighed according. The Board concurred. Mr. Lockhead stated there are two issues at hand here. He stated there is criteria that relates to the proper use of water. Staff comments regarding this criteria have not been met. The references to 5 01-25-1999 staff are areas outside of the district and further up towards Aspen. The issue is not wether those areas should be included but whether Basalt Sanitation has efficient commitment to serve the areas. The standard is the proper utilization of the existing systems. He believes this criteria is not pertinent. It is part of a policy of this County to achieve consolidation and non proliferation. They don't disagree with the policy. He referred to the non-confliction to the master plan. The expansion needs to be in compliance with the 201 and 208. Staff comment is that development conflicts with these plans, but they don't really say how it has not been connected. The master plan was done in 1974. It is their position they are in compliance and approval of this and the site application are essential. The District cannot comply unless this expansion is approved. He spoke to the 1990 expansion and at that time they were in compliance. He submitted copies of the approval for the last expansion together with staff comments at that time. He asked the Board consider another criteria referred to as "q" and the financial burden. As they consider "a" and "b", they should also consider compliance and not creating financial hardship to those in the district or in the other areas that they hope to have included. Mr. Lockhead spoke to the 201 and 208 plans. He explained they are plan and guidance documents that refer to the section ofthe Federal Clean Water Act. 201 was developed to provide guidance to the EP A. He explained the plan saying they are long term planning documents. He stated these are submitted and maintained by NWCCOG. The 208 plan is also a guidance document specifying treatment requirements, construction priorities and financing. They do not have the force of law, they are advisory. Mr. Lockhead stated they believe they are in conformance with the 201 and 208 plans. He refereed to the October 1974,201 plan. He stated the district has acted in accordance with this plan. He noted there are a number of statements in the planning document to be kept in mind regarding compliance. He referred to page 42 and the interceptor. He read from the plan. On page 5-4 there was a statement regarding tap fees. On page 6-1 he spoke to the independence, cost of growth, non- subsidizing. They believe the statements reflect compliance. He spoke to criteria "q", financial feasibility. He explained the 208 plan itself and handed out a copy to the Board. It relates to the Basalt Sanitation District. He stated the Lazy Glen wastewater treatment facility should be abandoned and the area should be connected to the Basalt Sanitation District. He explained the statement being a long term guidance document. They support the eventuality of this. He stated it must be done in a responsible way. Jim Fritze asked if in either plan there is a trigger event or an amount that causes this action. Mr. Lockhead responded he is not aware of any time period. He stated they will show they have been in conformance. He explained they have been extending an interceptor line. The district has adopted various rules and regulations. He introduced those for the record. He explained they allow for inclusion of areas outside of the district boundaries. He stated they will show how they have met the terms. Chairman Phillips asked, in the provision to cross district lines, can they cross County lines. Mr. Lockhead responded yes they can. He spoke to the 1974 master plan and the map of the sewer system. He explained the map to the Board and the location of Lazy Glen at the upper end and the Town of Basalt on the lower end. He explained the phasing of four phases and the extension of the line to Holland Hills. He showed as contemplated by the plan, they intend to expand on to Snowmass. He stated the Board must be aware of the conditions within the district. He spoke to the bond issues, engineering and financing. He stated there is no further capacity for the district to sell. There are areas and people in the Town of Basalt who are in a tough situation because the tap capacity is sold out. Time is of the essence. Third is the fact there can be no service unless the plan gets expanded. Finally, the district has met with Basalt and Pitkin County and there are some ways to expand service to those 6 01-25-1999 areas. He referred to the letter by Kent Mueller, which was rescinded by the Basalt Town Trustees. They have now adopted a resolution and it is part of the record. He referred to the conditions the Town is recommending. He read the conditions into the record. He stated the district can't unilaterally include the Lazy Glen area. The Basalt District is willing, ready and able to provide service and enter into pre- inclusion. They must work together with those areas. Third, they are asking they bring a joint review to ensure consistency with the Town's policies. The fourth item is the district's cooperation to analyze the districts inclusion with the Town. Whether they do so or not should not be a consideration of the Board today. He stated they can't provide the service if they don't expand the plant. He spoke to their resolution. Mr. Lockhead introduced copies into the record. He stated it is significant. He stated they are willing to do the following: 1. Support 208 Plan goals 2. Work cooperatively with town regarding service. 3. Can service the areas 4. They are wiling to enter into an IGA to establish a process and develop a plan. 5. Committed to have a constructive role. 6. Provide engineering 7. Committed in IGA to reserve capacity, negotiate cost recovery, finance, tap fees, freeze tap fees for two years. He spoke to Pitkin County's resolution and the work session they had. He explained it recommends approval of the 1041 with conditions. He read the conditions into the record. He summarized the resolutions are pretty consistent with each other. They believe they are in compliance with the 201 and 208 and criteria A and B. He introduced the gentlemen from Whitewater Engineering. Wayne Lorenz spoke first saying he and Michael are registered engineers. He stated they would review the project issues and the relevant 208 issues. Mr. Lorenz stated they have been retained by the sanitation district since November 1997 to look at modification to the existing facility. He reviewed their current capacity. They were told they would be facing new ammonia limits in the new permit and they had to address a polishing pond on site that does not have a liner. They had to catch up on the existing plant. They did submit a letter asking for an administration extension which they are under now to meet the current levels. Commissioner Johnson asked how long the extension is for. He stated it is indefinite. They were also asked to look at the number oftaps remaining. 1333 they felt was capacity in November of 97 and they had 132 taps remaining. At the present rate they were looking at 65 taps per year. That gave them some comfort. They went through the process, the submission of letters to the state. They did all that in December 97. He spoke to their conceptual design and the preliminary design. They addressed the project issues: new permit limits - ammonia/nitrate; expansion to accommodate new EQR's; ponds discharging to groundwater; aeration basins leaking, shallow, wall thickness; equipment age. He explained the heart of the building was built in 1972. He explained the major components will be a new treatment facility, an activated sludge treatment, possibly a new clarifier, a new chlorine content and the pond modifications. They have an issue of whether they will expand .6 or .8. Part is economic and they will determine at that point ifthey will put in the clarifier. Mr. Lorenz spoke to an issue relating to wetlands. He stated they do have some on the plant site. They looked at an oxidation ditch. He explained the impact on the wetlands. They looked at alternatives resulting in a move of the oxidation ditch towards the polishing pond. They are now doing that, reducing the impact from .08 to.2. They have their signed permit from the Corps of Engineers. He commented on the costs. The district has issued a bond for 2.87 million dollars. They distributed confirmation of that. In addition they have gone a ways in the design process. In August they began the 7 01-25-1999 process, assisting the Board in issuing an advisement and receiving statement qualifications for twelve design firms. They came up with a short list who are very interested in doing this process. They have been on hold since September. He referred to the list. They have not issued a RFP specifically. He talked to the Lazy Glen situation and the pipeline alternative. He stated they have a water quality situation. It is old, it needs help and they have ammonia limits. One alternative is putting in a pipeline to serve Lazy Glen. He stated it is drawing #2 in the supplement. He showed the area to the Board. He stated the alternative they can't do by a pure gravity pipeline. They would have to have a lift station at Lazy Glen. He explained they fall short at 6900 feet. He stated they have spoken with CDOT and they are on board. He stated they have looked at other alternatives to the pipeline. #2 is upgrading existing treatment. He stated it is probably not a real alternative. #3 is to provide a new mechanical wastewater facility that would provide treatment. He spoke to the capital costs included in each alternative. He stated the cost ratios show alternative 2 to be the least costly. #3 is the lesser expense using 20 years for figuring. He stated they need to focus right now on the capital costs as the need is now for Lazy Glen. He explained the meetings they have had and the grant money that may be available, cost recovery from Roaring Fork Club, reducing the tap fees that Lazy Glen would have to put up. They are still short $933,000 on this project. This is the heart of the problem. If they had the money they would do this. He stated they don't know what to do other than going to other alternatives. They have less capital costs. They are proposing to work through those issues and for the 208 issues they face today. Jim Fritze asked in this area how many potential taps will there be. Mr. Lorenz stated 107 in Lazy Glen, Holland Hills is more. There will be about 200 total. The expansion would include these taps. If they expand fully they will have 1330 additional taps. Chairman Phillips questioned this. Mr. Lorenz explained for three years Basalt will leave the capacity open for Lazy Glen. He strongly urged to Board to approve the 1041 to address water quality in the stream system. It will improve the quality currently going into the river, they will meet ammonia limits and have lower BOD. It will be a new facility. It will get them off the line with Lazy Glen. They would like to do the pipeline if possible. Michael Arean, with Whitewater Engineers, spoke to the population projections and growth rate, and the issue of conformance with the 208 and 201. He spoke to the written text prepared. He stated they just got the report on Friday. With respect to population projections, the exhibit is in the supplemental report. He stated the bulk of the projections comes from the existing approvals in the planned areas. In the unplanned areas, they used the existing zonings. He explained the map and the EQR's. He stated it was 7300 people for the area. He explained the flow units and how they relate to current use and expanded use. Mr. Arean stated they are using an average growth of five percent. They showed the high rate and the slow growth rate being 13 to 25 years. He stated the population projections show a need for expansion. Financially, the revenue bonds are to be repaid in 25 years. They plan to do so by this tap fee expansion. He referred to the binder and the model from RAM financial. He explained the tap fees and the repayment. He stated one of the questions is stagnant years. Mr. Arean explained the district's increase in tap fees. They might need to raise the service fees. Staff was concerned with the burden. He explained it is an upgrade for the entire district overall. Regarding 1041 permit findings in the Eagle County regulations, he responded to staff s comments saying they disagree. They don't believe the proposed plant at the existing facility site will impair or prevent proper utilization of the facilities. They interpret it as an intent to minimize proliferation. He spoke to staff citing the 201 and 208 plans. He referred to the 1974 master plan. Staff s report spoke to policy commitments. He read from staff s report. He showed an aerial of the 8 01-25-1999 valley. He spoke to the map in the master plan and the four phases mentioned previously. He spoke to the phases of the construction and the installation of the new 18 inch line. He spoke to the other segments installed at the time. He explained the installation and payment for the line. He spoke of phase four and the construction by the Roaring Fork Club. He stated the policy is defined. Service to Lazy Glen is being evaluated and discussed by all the appropriate players. It is a nice effort by all agencies to reach a solution. The district is committed to provide service in accordance with its rules and regulations. They have done something in the 1st twenty years and have expanded in the direction of Lazy Glen. The extensions have progressed with growth and development that have paid for the extensions. He listed those who have taken part. He introduced the inclusion agreements being the Roaring Fork Club pre-inclusion agreement, Basalt Highlands pre-inclusion and REI's pre-inclusion agreement. He continued to read the list. He stated they have demonstrated compliance and there is one more segment. He spoke to the 208 plan. He referred to the one page handout entered earlier. He stated the 208 plan doesn't indicate the pipeline having to be installed or a specific time line. He spoke to the cost and the way it will equitably be designed. He referred to the 208 plan as being a planning document. He spoke to the water quality and the quality of life. He stated Lazy Glen represents about 1 % of discharge into the Roaring Fork River. They believe the proposed 1041 is in conformance with the 208 plan. They respectfully disagree with staff s report. Commissioner Stone asked how long it would take to design and build a pipeline to Lazy Glen. Mr. Lorenz stated he thinks the amount of time to approve easements will be significant. He stated about a year's time to design, get easements and alignment. Chairman Phillips asked if that would include the inclusion. Mr. Lorenz stated it would not require an Eagle County 1041 as it would be in Pitkin county. Mark Overstreet, representing the Roaring Fork Planning Commission, stated he feels that this is a very important plan. He stated the 208 is a goal and the sanitation commission is in conformance. He urged the Commissioners to vote in approval. Peter Frey paraphrased his letter. He explained they moved here last summer, purchased a building site in the town of Basalt, hired an architect, landscape engineer, etc. Meanwhile they are paying rent on a house in Basalt and are commuting back and forth to Illinois. He hopes in their new home to have a consulting business. If they can't build, they may not be able to stay. He spoke to his tax bill which he can't build on and may not be able to sell. His fee is $5,000. He spoke to the freeze on building permits. He referred to the Pitkin County Commissioners speaking to the health and sanitation concerns at Lazy Glen. He stated the problem they see are the residents at Lazy Glen being concerned about the costs that may be required. He spoke to the Holland Hill opposition not wanting more growth. No matter how the Lazy Glen problem is solved they will need to expand the system in Basalt. If they wait to resolve this, those in the middle may have to wait an even longer time. That is unfair. This is an incredible disaster to purchase a lot and then find out you can't build. Charles Brown stated he is a small building contractor who purchased a lot in Basalt. Six weeks later he was told he can't get a sewer tap. His life is on hold. The immediate problem is the expansion. Stephen Iberian read his letter into the record. He spoke to their Oriental Rug company in Aspen and now in Avon. He spoke to the moratorium of sewer taps and their purchase of a lot in 1993. He referred to their special review process and the design they came up with. He spoke to the contingency of the loan on a secured sewer tap. They are ready to proceed if they can get the sewer tap. Their livelihood and future depend on this project. They were in shock to realize after all their efforts they were unable to secure the sewer tap. He urged the Board to approve the expansion of this facility so that in the future it can address the need outside the district but more importantly the areas inside. 9 01-25-1999 Gerald Terwilliger asked permission to trade with Mr. Guy who is at the end of the list. Theodore K. Guy spoke of a letter he sent to the Planning Commission. He handed it out. He spoke of his history with Basalt Sanitation District and now with the Mid-Valley Sanitation District. He stated he is on the Planning Commission in Basalt. He urged the Board approve the 1041 with conditions. He believes it is necessary. He doesn't believe there is a need for the extension to Lazy Glen. He thinks a new plan for Lazy Glen and paid for by them should be another option. He spoke to his participation with NWCCOG and the consolidation. He is not sure the line extension is the best choice. He asked they be given the opportunity to see what makes the best sense and constructing the new plant expansion. Marty Schlumberger, a builder in the area, stated he needs to build as soon as possible to take in an anchor tenant. He spoke to water quality above and below Basalt and the fact this expansion is very needed. Howard Cohen, a financier in Roaring Fork, stated he is here to support the expansion plan. Robert Ray, NWCCOG Water Quality Director, stated they find the application to be in conformance with the 208 plan and it includes the Lazy Glen area. He explained and read from his prepared statement. He explained the history of the sanitation district's intents. NWCCOG believes it is appropriate for Basalt Sanitation to provide water service to Lazy Glen and Holland Hill. He referred to the various plans and the steps taken over the years. They do not find that the willingness shows conformance with the 208 plan. He stated they would not oppose some sort of conditions that would be similar to those ofthe Town of Basalt and Pitkin County. Commissioner Johnson asked about the suggestion of consolidating operations ifthat would meet with the 208 plan. Mr. Ray stated they would have to amend the 208 plan. Commissioner Johnson referred to the recommendation to upgrade Lazy Glen and consolidate the operations. Mr. Ray stated the policies refer to it and consolidating when appropriate. It is possible the plan could be amended to identify Lazy Glen to be appropriate. Commissioner Johnson asked will the pipeline development itself encourage or accelerate growth in the areas in between. Mr. Ray stated that has been a concern with the local area residents. They may need to restrict this. Mr. Fritze asked ifMr. Ray could point to violations in the 201 and 208 plan. Mr. Ray spoke to the twenty year horizon. He stated that is why one of the pushes was to have this language included in the 1974 plan. Commissioner Johnson asked if the trigger is in the adopted 1996,208 plan or the one done in 1974. Mr. Ray stated it is the one required in the planning horizon. Commissioner Johnson asked ifthere has been a trigger violated up to this point. Mr. Ray answered no. Mr. Fritze spoke to the commitment to the package. Gerald Terwilliger spoke. He said he is a board member of Basalt Sanitation. As a Board member he questions what else they can do to satisfy the 208 plan. If their resolution does not meet the plan, he would like to know what they must do. Bob Ritchie, a citizen in Pitkin County and a developer, spoke to those who won't get to move in without the plan expansion. He spoke to the purchase of the trailer park in Pitkin County and them not having done anything about his. Clay Crossland stated a number of the referral agencies have created a doubt to the seriousness of the Basalt Sanitation Board. He stated it was a unanimous vote and they stand behind the resolution. 10 01-25-1999 lB. Hickey stated he is a former member of the Planning Commission of Basalt, he is now on the Board ofthe Sanitation District. He spoke of Pitkin County's politics. He stated there are two issues. The 1041, let's expand the plant. Lazy Glen is a Pitkin County issue and they are committed to helping. They don't mind doing that. They have talked with Mid-Valley and ultimately they will merge. He urged the Board to let them expand the plant. Dale Podfed, developer of a project in Basalt, stated he has moved though the process over the last four years to extend the line to the high school. He feels that anyone else should come up with a plan for them entering the district. He believes that is true for Lazy Glen and they should work with Pitkin County. They are being held hostage to Lazy Glen. This can create economic hardships. They can't get building permits. He urged the approval of the expansion plan and encouraging Pitkin County and Lazy Glen to apply for inclusion. Public comment was closed. Chairman Phillips accepted the documents into the record. Commissioner Johnson asked about the pre-inclusion agreements being pre-development agreements as well. He concluded the developer was able to roll the costs into the development. Mr. Lorenz responded yes. Commissioner Stone spoke to a letter written as a will serve letter. Mr. Lorenz explained the Town has approved development but they have not made a request to the district for provision of service. He spoke to a previous agreement between the Town of Basalt and the Sanitation District. The agreement is no longer applicable. The situation is the district makes plans to expand as it anticipates growth will occur. They have gotten hung up in this permitting process and they have had a run on taps. There is no longer capacity to sell. Chairman Phillips asked if there is a requirement once the capacity is reached that is mandatory for expansion. She asked if there is a State Statute that requires the expansion once they have reached capacity. Mr. Lorenz stated they must start design when they are at 80%. Commissioner Stone asked where they are today. Mr. Lorenz stated they are probably 80 to 85% at the plant. That is what is actually coming into the plant. Commissioner Johnson asked with that include<.l where wouJd they be. Mr. Lorenz stated that could bring them up to 100% and tp.at is why they are studying the issue. Commissioner Stone asked if staff concurred. Mr. Merry stated they would need to go into further detail on capacity. The moratorium on taps is the greater issue. Mr. Merry explained the difference in rates and spoke of the hydraulic capacity. Relative to capacity it was their decision to impose the moratorium. He stated there was a huge run on taps after they had a meeting to determine whether they were or were not going to impose the moratorium. He doesn't believe they are at a critical capacity point right now. Mr. Lorenz spoke to the pre-inclusion agreements and the provision they will only provide service if sewer line capacity is available. The district should be planning for the expansions. The combination has put them where they are. Commissioner Johnson asked Robert Ray about amending the 208 plan to recognize a option of amending the 208 plan. Mr. Ray stated they would ask the district to initiate a process to conduct hearings and identify the alternatives and get buy in from the community that this is the preferred option. Based on public record they would agree or continue to support the existing plan. He stated it would be a three month or so process. He reiterated they have been having a number of meetings in the mid-valley area. He spoke to the meetings they have and continue to have. The vast majority support the pipeline solution. He stated there would need to be more public discussion. 11 01-25-1999 Commissioner Johnson asked who the members are. Mr. Ray stated Pitkin County, Basalt, and Eagle County. Commissioner Johnson moved to continue file number 1041-0018, Basalt Sanitation District in light of all the information they have received to Monday, February 1, 1999 at 3:00 p.m. Commissioner Stone seconded the motion. There was some discussion from the audience about the timing. Mr. Merry asked they remind everyone to exit out the east exit to avoid the alarm going off. Chairman Phillips called for the question on the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until February I, 1999. ~J , c Chai:;J~ Attest: Clerk to the Boar 12 01-25-1999