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HomeMy WebLinkAboutMinutes 03/29/99 .. PUBLIC HEARING MARCH 29,1999 Present: Johnnette Phillips Tom Stone James Johnson, Jr. James Fritze James Hartmann Earlene Roach Chairman Commissioner Commissioner County Attorney County Administrator 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: 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 March 29, 1999, subject to review by County Administrator B) Approval of the minutes of the Board of County Commissioners meeting for March 15, 1999 C) Consideration of Grant Application to the State for funding of the Cemetery Road Bridge re-construction/replacement D) Notice of Award for the 1999 Chip Seal Project E) 1999 Overlay Project F) Section #5309 Grant Application G) Certification of Need for health care services by the Mid-Valley Clinic, Basalt, Colorado, operated by the Aspen Valley Medical Foundation. Commissioner Stone stated he was absent at the March 15, 1999 so he cannot vote on approval of the minutes. George Roussos, County Engineer, stated there were unanswered questions concerning item C. Currently there is $4,000,000.00 available for the bridge projects. He stated in-kind services can be contributed but only in the surveying aspect. He stated the rest of the funds would be in cash. He continued to review the questions the Board had at the last hearing. He stated the appropriate location of the bridge must be determined. He recommended the County proceed as this is a needed grant and also recommended the County match the grant funds. He stated the in-kind surveying would be worth approximately $30,000.00 or $40,000.00. Commissioner Stone asked about the gas tax fund? Mr. Roussos stated he did not have an answer to that. Commissioner Johnson questioned the location of the bridge. Mr. Roussos stated that will be the first step in the process. Chairman Phillips questioned the monies from the state being allocated to Eagle County. She stated she had heard there were certain monies being held specifically for Eagle County. Mr. Roussos stated to his knowledge there are no monies set aside for Eagle County. Commissioner Johnson asked where the matching funds would come from. Jim Hartmann, County Administrator, spoke to the funds in the budget. He spoke of Cooley Mesa Road funds and the West Maintenance Shop funds. He stated those funds have not been specifically ear marked. He stated pursuant to the agreement with the Town of Gypsum, the County is 1 03-29-99 .. proceeding with the improvements to Cooley Mesa Road. Mr. Roussos stated the County will know by May 1999 if they have been selected. Commissioner Stone asked if chosen, when would the funds be available. Mr. Roussos stated he believes it would be in July ofthis year. Commissioner Johnson stated he had earlier mentioned the County should be looking for funds from the other two entities to help pay for the expansions. Mr. Roussos stated in the past Eagle County has provided an umbrella agreement for those funds. Commissioner Johnson moved to approve the consent calendar as presented, excluding item B. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to approve item B ofthe consent calendar. Commissioner Stone seconded the motion. Commissioners Johnson and Phillips voting aye and Commissioner Stone abstained. Plat & Resolution Signing Scot Hunn, Planner, presented the following plats and resolutions for the Board's signature: 5MB-00165. Northstar Center, Building B. He stated this was a Minor "Type B" Subdivision, a resubdivision of Parcel 2 to create (Building B) to create eight (8) commercial condominiums units and one (1) residential condominium unit, along with certain easements and limited and general common elements. Commissioner Stone moved to approve final plat file number 5MB-00165, Northstar Center, Building B, incorporating staff findings. Commissioner Johnson seconded the motion. The vote was declared unanimous. Resolution 99-037. SE-00017, Orgish Exemption. He stated this is a resolution to approve the exemption of the Orgish parcel from Subdivision Regulations within a Resource Zone District, in the unincorporated area of Eagle County. The Board considered this file on March 15, 1999. Commissioner Johnson moved to approve Resolution 99-037, file number SE-00017, Orgish Exemption. Commissioner Stone seconded the motion. The vote was declared unanimous. Change Order, Evans Mendel Allison Rich Cunningham, Facilities Management Director, presented two change orders for the grandstands contract with Evans Mendel Allison. He requested the Board sign the change orders. He stated these two change orders are for changes to the project relating to reduction in costs. Commissioner Stone moved to approve two change orders with Evans Mendel Allison for the grandstands at the Eagle County Fairgrounds. Commissioner Johnson seconded the motion. The vote was declared unanimous. Intergovernmental Agreement, Town of Eagle, Colo Dept of Natural Resources Jim Hartmann, County Administrator, presented an Intergovernmental Agreement regarding ownership and disposition of public lands in the Brush Creek area, near Eagle, between Eagle County and Town of Eagle and the Colorado Department of Natural Resources. He stated this agreement is for land acquisition. He requested the Board not take action on this matter, and if needed, he will reschedule this matter for a later date. 2 03-29-99 Commissioner Stone questioned a timing issue. He stated he does not want to hold up this agreement. Mr. Hartmann stated he also read an article in the paper concerning this property. He stated he has not heard any further information but believes the original contract with the State expires tomorrow. Originally the closing on the property was scheduled for April 7, 1999. Commissioner Johnson stated just for ease of finding items, the provisions should be kept in an IGA and a deed can be done also. He questioned a couple of items in the IGA, 4b if the Town fails to enter into an agreement. He stated he does not feel the Town should have any rights at this point. Renee Black, Assistant County Attorney, stated that statement is in another location in the IGA. Commissioner Johnson stated the County still has the right to amend this agreement, which is another reason to keep the IGA. Ms. Black spoke to a proposed management agreement that is contemplated. She stated she was pleased that the Division of State Parks was going to put those items in the deed. Commissioner Stone moved to table the Intergovernmental Agreement between Eagle County and Town of Eagle, regarding ownership and disposition of public lands in the Brush Creek area near Eagle to April 5, 1999. Commissioner Johnson seconded the motion. The vote was declared unanimous. Selection & Authority to Proceed, Construction Manager Rich Cunningham stated the next item was approval of selection and authority to proceed with contract negotiations for a construction manager/general contractor for the construction of the joint Eagle County Maintenance Service Center. He reviewed the ranking for the Board as follows: 1) M.A. Mortenson 2) G.E. Johnson 3) Adolfson Peterson He recommended the Board authorize him to proceed with contract negotiations. Commissioner Johnson moved to approve the selection and give authority to proceed with contract negotiations for a construction manager/general contractor for the construction of the joint Eagle County Maintenance Service Center. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved to authorization pre-construction services of $30,000.00. Commissioner Johnson seconded the motion. The vote was declared unanimous. SE-00008, Nakagawa Exemption Plat Scot Hunn presented file number SE-00008, Nakagawa Exemption Plat. He stated this was a request to legally recognize a parcel created illegally in or about 1971. Staff recommended approval. He stated this parcel is located just outside of Basalt. He stated it is a 2.35 acre parcel within the Resource Zone District. He stated the original owner created this parcel illegally. He stated Mr. Nakagawa bought the property in 1991. Commissioner Stone asked about the commitment from Stewart Title. Mr. Hunn stated the commitment is in the file which he gave to Commissioner Stone. Commissioner Johnson moved to approve file number SE-00008, Nakagawa Exemption Plat, incorporating staff findings. Commissioner Stone seconded the motion. The vote was declared unanimous.b 3 03-29-99 PDA-00016, Cordillera Valley Club West Entrance Eric McCafferty, Planner, presented file number PDA-00016, Cordillera Valley Club West Entrance. He stated this was a request to consider a PUD amendment for Cordillera Valley Club West Entrance. Staff recommended approval with conditions. Mr. McCafferty reviewed the chronology of the property. He stated there has been a significant increase in traffic in Edwards since the start of this application. He spoke to the rail crossing which has not be designated as a public crossing at this time. Offsite road impacts will be paid by the applicant. Maintenance responsibility will be the applicant's. The Planning Commission reviewed this application and recommended approval with conditions. He stated condition number two should be changed to relate the Public Utilities Commission will be substituted in place of the Board of County Commissioners. George Roussos stated he has met with the Public Utilities Commission concerning this crossing. He stated this application will alleviate some of the traffic in the Edwards area. Commissioner Stone asked about the historical use of this crossing. Mr. Roussos explained he has been here from 1995 and this crossing has been discussed since that time in how to make it safer. Commissioner Johnson asked if the Public Utilities Commission look at what the traffic is right now or what the traffic will be in the future. Mr. Roussos stated they tend to look at the traffic that exists right now. He stated traffic control devices are assessed on the current crossings. Commissioner Stone asked if they came in at a later date and related crossing arms were then needed, is there a way to assure the cost is born by certain parties. Mr. Roussos stated Eagle County could place a condition on the permit should signalization be required at a later date. Jim Fritze, County Attorney, stated if the Board is looking at that type of a condition it should be added to the Subdivision Improvements Agreement now rather than later. He stated the second issue, this contemplates a public road but a private entity paying for maintenance of that road. He stated condition number 5 says the Valley Club will be responsible. Mr. McCafferty stated Road & Bridge will maintain the County portion ofthat road. Mr. Fritze stated he does not know that the investors of the Valley Club will be there forever to assure the funds will continue. He stated the condition should deal with succession. Commissioner Johnson stated February 5, 1995, the applicant came forward with a proposal for certain items and at that time it becomes a homeowners responsibility. He stated there is a Homeowners Association responsible at this current time. Mike Mutter, representing the applicant, pointed out on a plat the location of the streets and the public portion of the road. He stated there is a Colorado Department of Transportation right-of-way. He stated 1-70 was built, an underpass was built. He continued to explain the previous PUD. He stated in meeting with the PUC and the railroad, the abandonment of this line is up in the air. They agreed that signage is all that is needed at this time. He stated they will still be putting in all the necessary items so that later a gate can be easily installed if needed. Mr. Mutter continued to review the application for the Board. He stated an access improvement has already been scheduled which has taken into consideration the traffic for Brett Ranch, Cordillera Valley Club and Lake Creek Apartments. He stated it is his understanding, if approved, they will obtain a state highway access permit, go to the Public Utilities Commission, which will hopefully be approved, and then the applicant pays for all improvements. Mr. Mutter stated they have no problems with the conditions except for number 1, which no one knows what will happen. Condition number 2, they believe the road impact fees are too high considering what they have previously paid. Commissioner Johnson stated he remembers when the original application was submitted and 4 03-29-99 how the applicants agreed to cover all costs. He stated because the people who owned the land where Lake Creek Affordable Housing units are, it was decided to take those purchases into account when purchasing other units. He stated it seems the only things the applicant is paying for is the items they are creating. Mr. Mutter stated it just seems like they are already paying for their fair share. He does not want to see additional impact fees. Mr. Roussos stated it was his intention that railroad improvements would not need to be collateralized. He stated the applicants responsibility is from the gate to the canyon. Mr. Fritze stated this changes access not the number of units. He questioned how the road impact fees will be triggered. Mr. Mutter asked if the Subdivision Improvements Agreement could set forth all road improvements, rather than impact fees. Mr. Fritze suggested these matters can be fixed by striking out the word impact fees and insert road improvements costs. Chairman Phillips stated these road improvements were suggested to take care of all of the traffic problems. She stated she would like to see an on/off ramp for 1-70. Mr. Mutter stated the road impacts they are discussing are the accellldecelllanes. Chairman Phillips asked how far that road was going to be improved. Charlie Davis, Engineer, stated they will tie into the churches accellldecelllane with a total overlay of the area. He stated it is approximately 1,000 feet to the east and several hundred feet to the west. Mr. Mutter continue to explain the improvements to the Board. Discussion continued on the proposal. Commissioner Stone expressed concern if the railroad starts up again, this is a very dangerous crossing. He stated he wants some kind of plan for the future to upgrade this crossing. Commissioner Johnson stated one of the problems as things progress, what had been a road that had been maintained by the homeowners is now the responsibility of the County. Chairman Phillips asked about number seven. Mr. Mutter stated it is sitting on top of a sewer. Mr. Davis stated they wanted to put in everything they could. Mr. Roussos stated the permittee for the access permit will be Eagle County, and the representations for the PUC will be made by Eagle County. Chairman Phillips asked if the traffic becomes too much and the railroad comes back, would they do the signals. Mr. Roussos stated 80% is usually born by the railroad and the other 20% by the applicant. He stated it was his intention not to collateralize the improvements to the crossing. Commissioner Stone asked if it was not appropriate to get the SIA done first, before this application is completed. Mr. Mutter stated they are about to jump off of a deep ledge and have expended quite a bit of money. He stated they would like to know that at the last minute the County isn't going to say this cannot be approved. Mr. Fritze stated PUD's are prior to signing the plat. This plat is already in place. He stated the Board will give direction and continue this matter until later to allow the applicant to continue. Mr. Roussos stated the PUC will not act swiftly. He stated CDOT will be the issuing authority for the permits. He stated he believes the dollar amounts can be determined. Mr. Davis asked when the access permit would be issued. Mr. Roussos stated the next step is to have the Board act on this matter. As soon as that happens his office will proceed with the other approvals. 5 03-29-99 Mr. Davis asked if the SIA would be triggered when the access permit is issued. Mr. Fritze stated this can be dealt with in a variety of ways. Commissioner Johnson asked about the County being able to vacate the road. Mr. Fritze stated the principal reason is that all homes have another means of access. Mr. Mutter asked about a condition, prior to the Board signing the PUD, and the SIA is negotiated and approved. Commissioner Stone asked how to resolve any future cost issues. Chairman Phillips stated the Cordillera Valley Homeowners Association will be responsible for maintenance. Commissioner Stone stated there needs to be something in the agreement, any future costs associated with the crossing will be born by the applicant. Mr. Mutter stated they will try to figure out what signalization will cost. He stated in all fairness to the applicant, the rough cost should be figured out. Commissioner Johnson stated the investors in Cordillera Valley Club want to sell all the properties. Mr. Mutter stated they will figure out how everything works. Commissioner Stone moved to approve file number PDA-00016, Cordillera Valley Club West Entrance, incorporating the following conditions; 1 is okay, 2 change the first "applicant" to the "BOCC",3 is okay, 4 should be amended from Eagle County and the SIA being negotiated and approved by both Eagle County and the applicant and should be returned prior to signing the resolution, the last sentence should be changed to relate "all off-site road improvement costs", (same as 5) 5 should be amended to be the Cordillera Valley Club Property Owners Association, 6 & 7 are okay, and number 8, "there shall be a provision in the SIA to provide for payment by the applicant or its successor for any improvements to the railroad crossing, an amount to be estimated". Commissioner Johnson seconded the motion. The vote was declared unanimous. 1041-0017, Lake Creek 1041 Tank Amendment Tambi Katieb, Environmental Policy Planner, presented file number 1041-0017, Lake Creek 1041 Tank Amendment. He stated this was a request to amend Permit No. 1041-0017 to move the water tank 10 feet. He stated the applicant has requested this matter be tabled to April 26, 1999. Commissioner Johnson moved to table file number 1041-0017, Lake Creek 1041 Tank Amendment to April 26, 1999, at the applicants request. Commissioner Stone seconded the motion. The vote was declared unanimous. 1041-0019, Town of Eagle Tambi Katieb presented file number 1041-0019, Town of Eagle. He stated this was a request for a major extension of existing domestic water treatment system/efficient utilization of municipal water. Staff recommended approval. He reviewed staff findings for the Board. He stated there were no referral comments. Chairman Phillips asked if the tank was complete. Willie Powell, Eagle Town Manager, stated the tank is basically complete and needs painting. Chairman Phillips questioned the landscaping. Mr. Powell stated he does not believe it stands out too much. He stated there is a substantial amount of berming. Commissioner Stone asked how this expansion will serve Eagle Ranch. Mr. Powell stated this expansion will take the Town through the next two big projects. 6 03-29-99 John Currier, Engineer from Glenwood Springs, stated he did not have the numbers for the Eagle Ranch and Adams Rib development. He stated before build out for those two developments, the Town will be looking at other solutions. Mr. Powell stated these plans were made several years ago. He stated a third additional filter train is possible in this building. He stated the town will be updating their water master plan in the very near future. Commissioner Stone asked if these improvements will serve a portion of Adams Rib. Mr. Powell answered yes. Commissioner Stone moved to approve file number 1041-0019, Town of Eagle, incorporating staff findings. Commissioner Johnson seconded the motion. The vote was declared unanimous. There being no further business to be brought before this Board the meeting was adjourned until April 5, 1999. ~ . . I ~Q4J#-, c0hairman 7 03-29-99