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HomeMy WebLinkAboutMinutes 02/16/99 PUBLIC HEARING FEBRUARY 16, 1999 Present: Tom Stone James Johnson, Jr. James Fritze James Hartmann Sara J. Fisher Chairman Pro-tem Commissioner County Attorney County Administrator Clerk to the Board Absent: Johnnette Phillips Chairman This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Consent Calendar Chairman Pro-tem Stone stated the first item on the agenda was the consent calendar as follows: A) Approval of bill paying for week of February 16, 1999, subject to review by County Administrator B) Approval of the minutes of the Board of County Commissioners meetings of January 25, 1999, February 1 & 8, 1999 C) Bid award for replacement of two 1991 John Deere Loaders, Units 5572 and 5573, per Life Cycle Cost Wagner Equipment, for Road & Bridge Department D)Bid award for replacement ofthree 1995 Gallion rollers numbers 6528,6530 and 6587, Century Equipment, for Road & Bridge Department E) Bid award for replacement of one 1993 International Lube Truck, unit 6151, Hanson Equipment & Kois Brothers Equipment, for Motor Pool Department F) Bid award for replacement of one 1991 International Service Truck, unit 5435, Teague Equipment, for Motor Pool Department G) Bid Award for addition to the fleet, one GEHL Skid Steer Loader, model SL6635SXT, from Faris Machinery Company, for Motor Pool Department H) Bid award for replacement of one light duty trailer, unit 5619 , Western Slope Trailer Sales, for Road & Bridge Department I) Bid award for replacement of three water pumps, units 6058, 6464 and one with no trade in, Wylaco Supply, for Road & Bridge Department J) Bid award for replacement of two duty trailers, units 5644 and 6940, Power Motive Corporation, Road & Bridge Department K) Bid award for replacement of four vehicles, units 6283, 6481, 6101 & 6579, with 1999 Ford Rangers, Glenwood Springs Ford, one for Building Inspectors and three for Animal Control L) Bid award for addition to the fleet, one 1999 Ford Ranger Extended Cab, Glenwood Springs Ford, Facilities Management Department M) Resolution 99-020 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. 9835962 in the amount of $23,454.20, for Edwards Interchange Limited Partnership, (Northstar Lumber Company) to expire 02-20-99 N) Agreement for Auctioneer Services 0) Application for electrical service to the Fairgrounds Grandstand Project. 1 02-16-1999 Commissioner Johnson asked to table the minutes to the next meeting. He stated under item I they are trading in two and replacing three water pumps. He asked what they are doing with the third one. Bill Smith, Motor Pool, stated they will either salvage it or use for parts. Commissioner Johnson moved to approve the consent calendar as presented, tabling item B to the February 22, 1999. Chairman Pro-tem Stone seconded the motion. Of the two voting commissioners the vote was declared unanimous. Chairman Phillips was on vacation. Plat & Resolution Signing Scot Hunn, Planner, stated there are no plats or resolutions for todays agenda. Resolution, Intergovernmental Agreement, Basalt Sanitation District Bob Loeffler, Deputy County Attorney, presented an Intergovernmental Agreement between Eagle County and Basalt Sanitation District. Jim Fritze, County Attorney was present for the hearing as was the applicant. Jim Lockhead, representing the Sanitation District, stated he has a copy of the original IGA signed by Town of Basalt. Mr. Fritze stated they worked on this last Wednesday but he didn't get the final copy until Friday evening. He sent it on to the Board for their review. Mr. Fritze asked if they should review the provisions on the record. He stated the operative language on the third page provides for Eagle County's support for other permits, specifically the state permit. He read from the IGA and the added language providing for State funding and the District's application for those funds within a 180 day period. It also provides for the alternative to align the extension as an interim or secondary alternative for construction. In paragraph three it provides for the District's Engineer to provide an estimate of costs for the sewer line and treatment plant for the Highway 82 alignment. He stated it also provides for the negotiation of fee recovery. Within five years it provides for tap fees within the stated areas. He explained. Commissioner Johnson spoke to 4C and asked if the fifteen years start now or at the time of financing. Mr. Lockhead stated they will hold the financing option open for five years. Mr. Fritze stated it provides for the date of completion. He suggested what is being permitted is 800,000 gallons per day allowing it to be built in phases with the 600,000 gallon expansion first. He suggested it wouldn't be completed until they complete the 800,000 gallon expansion. Commissioner Johnson agreed with the interpretation. He asked if Holland Hills and Wingo Junction are receiving service right now. Mr. Lockhead stated they are septic systems. Commissioner Johnson asked if these will be connected. Mr. Lockhead stated the residents in Holland Hills are concerned about growth with the expansion of the line. They would like to have an IGA dealing with the growth issues of Lazy Glen. There is a timing issue as to when the sceptic would go out. Commissioner Johnson questioned ifthose people choose not to come into the District, there is no worry. Ifthey would like to come in, the financing may not be applicable nor the capacity. Mr. Lockhead stated those are all conditions that apply to the construction of a line. If a plant is constructed, it will be different. In their view this agreement contemplates working toward a solution, both interim and final. Mr. Fritze stated that provision was partly drafted in case a plant is built up front. 2 02-16-1999 Commissioner Johnson stated he doesn't have the issue if a plant is built in Lazy Glen. They are not the only development that got them here. In the original 1974 plan there were other areas listed as well. If for some reason Holland Hills and Wingo Junction want to come in, all the provisions above it are no longer applicable. Mr. Lockhead stated as a practical matter this will either come together as a package or it won't. The next alternative would be building a plant at Lazy Glen. Holland Hills and Wingo Junction would still be out there. Chairman Pro-tern Stone asked Commissioner Johnson ifhe has a suggestion. Commissioner Johnson stated it is fine by him but there is a suggestion by Holland Hills not to see continued sprawl. A plant in Lazy Glen will cause future developments to pay their way. Ray Merry, Environmental Health Officer, stated it is not inevitable that Lazy Glen will build it's own waste water. It will change the service plan. There is a regional water quality concern here. Commissioner Johnson stated the IGA does not prohibit the pipeline being built or being an alternative. If there is a new plant built at Lazy Glen they are back to square one. Mr. Merry stated when that plant becomes non-functional, he questions how they will treat it down the road. They will need to do something to address the regional water quality. Mr. Lockhead stated they agree this is only an interim or secondary solution. Mr. Fritze stated it allows for some flexibility but doesn't give them a view toward the future. Commissioner Johnson moved to approve the Intergovernmental Agreement between Eagle County and Basalt Sanitation District. Commissioner Stone seconded the motion. The vote was declared unanimous. Mr. Fritze stated the next item would be to approve the proposed resolution regarding the 1041 permit application of the Basalt Sanitation District. Commissioner Johnson asked for a five minute recess. Commissioner Stone asked if there was discussion about the resolution. Jim Fritze stated it includes a condition that was mentioned by staff at the last hearing. He stated the applicant has indicated that he does have an objection to that condition. Mr. Lockhead stated they have two objections. In regard to condition #1 it requires a plan submitted by June 30, 1999 and to remedy the problems by June 30, 2000. The concern they have is that this is an application for expansion. The inflow does not effect the capacity. The district's ability is not affected by inflow and infiltration. They don't believe it is relevant to the Board's consideration of the expansion or in the 1041 regulations. They have problems with the wording. He explained what the District is doing is to prioritize and identify issues, but this proposes limitations on revenues and budget. They have no idea what all the problems are nor the costs. As worded it creates some serious restrictions on the District's ability to operate. He spoke to finding "b" and with the signing ofthe IGA the District is in conformance with the 201 and 208 plans. The District would not object to a condition that would require compliance as outlined in the IGA. They don't think an admission of non-compliance is acceptable. Chairman Pro-tem Stone thought the discussion was they were not in compliance. Mr. Merry stated they are questioning the authority placing a condition, the date and the language of that requirement. Mr. Merry stated he apologized for the language as this is an ongoing situation. He stated when looking at the plant capacity, it would be irresponsible to not approve for additional capacity. He is asking what are the plans to monitor. They would like those to be submitted so there will be some accountability. Staff is looking for the plans and correction dates proposed to be submitted by a date specific. Regarding the finding, Mr. Lockhead has a good point. That was the Board's assertion that there is conformance with the 208 and 201 plans. Chairman Pro-tem Stone asked what the wording would be. Mr. Lockhead read Mr. Merry's suggested changes including are-mediation strategy...shall be 3 02-16-1999 initiated prior to June 30, 2000. He stated if there is a desire to impose a condition on line I, they have some language they would agree to. He asked the Board to review that. Commissioner Johnson asked if staff and the applicant could work out the conditions and bring it back at 1 :30. Mr. Merry asked they table to next week as he will be tied up today. Mr. Lockhead stated they are here today and would like to get this taken care of. Commissioner Johnson moved to table the Resolution, 1041 for the Basalt Sanitation District to 1 :30 today. Chairman Pro-tem Stone seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Final Settlement, Warning Lites & Equipment Peter Solmeister, Engineering Department, presented final settlement for Warning Lites & Equipment, for the 1998 Centerline Marking Project. Bob Loeffler stated this matter was advertised and no claims have been received. Commissioner Johnson moved to approve final settlement for Warning Lites & Equipment. Chairman Pro-tern Stone seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Resolution 99-021, Environmental Impact Statement George Roussos, County Engineer, presented Resolution 99-021, acknowledging and endorsing the transit alternatives to be included within the draft Environmental Impact Statement process for the Roaring Fork Valley Transportation Corridor Investment Study. Mr. Roussos explained the resolution and the process to date. He stated there are three items he felt that needed to be incorporated in the resolution. He read those on the record being numbers 1 - 3. Commissioner Johnson moved to approve Resolution 99-021 acknowledging and endorsing the transit alternatives to be included within the draft Environmental Impact Statement process for the Roaring Fork Valley Transportation Corridor Investment Study. Chairman Pro-tem Stone seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Intergovernmental Agreement, Jules Drive Jim Hartmann, County Administrator, presented an Intergovernmental Agreement regarding Jules Drive extension and the Eagle County Joint Vehicle Maintenance Center. He asked that it be pulled so that he can discuss it with the County Attorney. The Board concurred to pull the item. Resolution 98-022 Basalt Sanitation District, 1041 Permit Ray Merry stated they have agreed on the language to be included in the resolution. The first is the finding on page two where they removed the reference to the IGA. They have reworded condition #1 to the satisfaction of all parties. Commissioner Johnson moved to approve file number 1041-0018. Chairman Pro-tem Stone seconded the motion. Of the two voting Commissioners the vote was declared unanimous. 4 02-16-1999 Mr. Merry referred to the sub-application that goes to the State. Commissioner Johnson moved to send a letter of recommendation for the site application of 1041-0018, Basalt Sanitation District. Chairman Pro-tem Stone seconded the motion. Of the two voting Commissioners the vote was declared unanimous. PDP-0002, Diamond S Ranch John Venegrin, Engineering Department, presented file number PDP-0002, Diamond S Ranch. He stated this was an application to consider a Floodplain Development Permit for a new bridge. He showed the location on a map. He stated because of the location they need to do a map revision and receive a floodplain development permit. He explained the steps they will take, placing the access on their property. Commissioner Johnson asked if they will be the only ones using the access. Tim Leininger, Alpine Engineering, was present for the hearing. He stated Mr. Lapin has had an easement for access to Diamond S Ranch, however, they would like to make the access solely on their property and restrict the use to Diamond S Ranch. Mr. Venegrin stated their referrals came back favorably. FEMA is currently reviewing the application and it is expected they will issue a letter of conditional approval shortly. He explained previous map provisions. FEMA has requested a public hearing prior to the CLOMR. Any conditions will be part of this permit. He recommended approval with conditions, of which there are four. Chairman Pro-tem Stone asked if this bridge accesses any other private land. Mr. Venegrin stated it does not. Commissioner Johnson stated the existing bridge only accesses the Diamond S Ranch. Mr. Lapin's property is all to the north of the river. Mr. Leininger stated the Diamond S Ranch has subdivided the lower bench of the ranch and will be used by owners of those properties. Renee Black, Asst. County Attorney, recommended they allow the Attorney's Office to prepare a written resolution to be heard at the next meeting. Commissioner Johnson moved to continue file number PDP-0002, Diamond S Ranch to February 22, 1999. A resolution will be presented at that time. Chairman Pro-tem Stone seconded the motion. Of the two voting Commissioners the vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until February 22,1999. Attest: Clerk to the Board ~. l .. . . . - ft.!;;~ Chairman ~ 5 02-16-1999