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HomeMy WebLinkAboutMinutes 04/19/99 PUBLIC HEARING APRIL 19, 1999 Present: Johnnette Phillips James Johnson, Jr. James Fritze James Hartmann Sara J. Fisher Chairman Commissioner County Attorney County Administrator Clerk to the Board Absent: Tom Stone Commissioner This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Phillips stated the first item on the agenda was the consent agenda as follows: A) Approval of bill paying for week of April 19, 1999, subject to review by County Administrator B) Approval of payroll for April 22, 1999, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioner meeting of AprilS, 1999 D) Agreement between Eagle County Health & Human Services and Joel Karr E) Agreement between Eagle County Health & Human Services and Jose Banuelos F) Resolution 99-050 selecting Eagle County Regional Airport interchange alternatives for further investigation G) Resolution 99-051 regarding final release of collateral and termination ofthe Subdivision Improvements Agreement for Cordillera Subdivision, Filing 17 H) Approval of Airport layout plan I) Resolution terminating the Eagle County Airport Declaration of protective covenants J) Change Order number 8 & 9 for the grandstands contract with Evans Mendel Allison K) Agreement between A Northern A'fair and Eagle County Board of County Commissioners to provide a carnival for the 1999 Eagle County Fair L) Notice of Award for the 1999 Centerline Marking Project M) Notice of Award for the 1999 Guardrail Project N) Resolution 99-052 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. 204 in the amount of $279,437.84 for Cordillera-Filing 6-to expire 4-21-99 0) Resolution 99-053 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. 10139704 in the amount of$93,308.27 for Cordillera-Filing 7-to expire 4-21-99 P) Resolution 99-054 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. 205 in the amount of$168,336.71 for Cordillera-Filing 8-to expire 4-21-99 Q) Resolution 99-055 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. 10139701 in the amount of$16,732.98 for Cordillera-Filing 23-to expire 4-21-99 1 01-19-1999 R) Resolution 99-056 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. 224 in the amount of$96,671.18 for Cordillera-Filing 18-to expire 4-25-99 S) Resolution 99-057 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. 101397230 in the amount of$32,108.10 for Cordillera-Filing 28- to expire 4-25-99 Commissioner Johnson asked Kathleen Forinash about item E. He stated the recommendation states it is for $12,000 but the contract itself says $10,000. He asked which it should be. Kathleen Forinash, Health & Human Services Director, stated the Jose Banuelos contract is a $10,000 contract and the Joel Karr contract is for $12,000. Commissioner Johnson asked George Roussos about item F. George Roussos, County Engineer, stated he was asked to send the contract on but that this is the formal action. Commissioner Johnson recalled talking about it earlier. Mr. Roussos stated that was in weekly update. Commissioner Johnson asked about item 1. Jim Elwood, County Airport Manager, asked Ms. Black to respond. Commissioner Johnson stated this is regarding the protective covenants. He asked it be pulled for an explanation. Chairman Phillips stated she understood it would be eliminating the covenants as it is now in the land use regulations. Commissioner Johnson stated he would like to have the documents and have this pulled until he is able to review them. Chairman Phillips asked about the resolutions and letters of credit for Cordillera. Renee Black, Asst. County Attorney, stated they have all been renewed. Chairman Phillips asked if they should be withdrawn? Ms. Black stated she would like to check that. Commissioner Johnson clarified the resolution would not require them to act on the documents unless required. Ms. Black responded the County has received the letters of credit but she would request the resolutions be approved regardless. Commissioner Johnson moved to approve the consent agenda as presented, pulling item I for a later date. Chairman Phillips seconded the motion. In discussion, Chairman Phillips asked about item G and the release of collateral. Ms. Black stated that should be included. Chairman Phillips called for the question on the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Stone was out of town. Plat & Resolution Signing Terri Bernath, Planner, presented the following plats and resolutions for the Board's consideration: Resolution 99-058. PDS-00014, Deer Park PUD. She stated this was a resolution to deny the Sketch Plan for the Deer Park Planned Unit Development. The Board considered this file on March 22, 1999. Commissioner Johnson moved to approve Resolution 99-059 denying the Sketch Plan for Deer 2 01-19-1999 Park PUD, file number PDS-00014, incorporating staff findings. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Resolution 99-060, PDSP-00007 / ZC-00026, Ranch House PUD. She stated this was a resolution to approve the combined Sketch and Preliminary Plan for the Ranch House Planned Unit Development including Zone District Amendment. The Board considered this file on March 22, 1999. Commissioner Johnson moved to approve Resolution 99-060, file numbers PDSP-00007 & ZC- 00026, Ranch House PUD, incorporating staff findings. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Intergovernmental Agreement, Disposition of Public Lands 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, Town of Eagle and the Department of Natural Resources. He stated this IGA is ready for the Board's formal action. This is regarding acquisition of approximately 1700 acres. It is a combined purchase by numerous entities. Eagle County is providing two million dollars towards the acquisition. It does call for an additional IGA between Eagle County and the Town of Eagle. He stated the Town has this on their agenda for their next meeting and he will try to attend that meeting. Mr. Hartmann spoke to the concept plan to develop this area into a State Park. It gives the County and the Town the ability to be involved with an operations agreement as well as the ability to revert the property to the County and the Town as might be required. He explained the property in question. He recommended adoption of this IGA. Commissioner Johnson explained if for some reason the State chooses to liquidate their holdings, this is one of the ways to make sure that the County's interests are covered. Commissioner Johnson moved to approve the Intergovernmental Agreement regarding ownership and disposition of public lands in the Brush Creek area near Eagle, between Eagle County, Town of Eagle and the Department of Natural Resources. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Eagle County Government Week The meeting resumed with the students giving a review of each of the departments they visited. Summaries were given about the Airport, Transportation, Animal Control, Assessor, Attorney, Clerk & Recorder, Community Development including the Planning Department, Environmental Health, Building Division, County Administrator, County Commissioners, Engineering, Facilities Management, Finance Department, Health & Human Services, Information Technology Services, Road & Bridge, Sheriffs Office, Treasurer, Extension Office, Human Resources, Social Services, and GIS. Ben Braatzstated they discovered there is quite a bit of equipment at the Airport which costs quite a bit of money. He stated the Airport has a very advanced snow removal system. He stated they also visited the Air Control Tower which appears to be very efficient. He stated they looked at the National Guard Hangar. Kellen Tanner spoke to the Transportation Department. He stated he learned about the proposed trails from Glenwood Canyon to Vail. He stated he learned about the buses and routes. Amy Mertz stated she visited the Animal Shelter. She stated she patrolled with one of the 3 01-19-1999 Officers. Jessie Braatz stated he stayed at the shelter and learned about the process. He stated he did patrol with an officer at the end of the session. Matthew Bernhardt stated they visited the Assessor's Office. He stated he learned how the system works concerning valuations. Scooter Slaughter spoke to the GIS system which he believes will be a very important part of Eagle County. Ariel Vernell stated she visited the file room and reviewed the maps. Brendan Quinn stated he learned the assessed valuation is done every other year. James Eckels & Zane Sisneros visited the Attorney's Office and got see some proceedings and learned about development of the area. Ryan Webster & Mike Mavros visited the Clerk & Recorders Office. Ryan spoke about marriages licenses, maps, deeds, mining claims and elections. Mike stated they learned a little bit about motor vehicle. David Hurd spoke to the Planning Department and reviewed the history of planning. He stated they took a trip to Vail and learned of mistakes made. Aaron Gregg stated they viewed the site of the proposed cellular tower. Brandy Yiek & Holly Faulkner reported on Environmental Health. Ms. Yeik stated they learned about code enforcement, restaurants, privately owner septic systems. She stated they performed a zoning code issue. She stated they also learned about keeping food at different temperatures. Walker Milhoun stated he went out with the building inspector. He stated it is very complicated work. Justin Speakman stated he attended both meetings with the County Administrator, reviewed different departments and wrote a press release. Jeanelle Sandoval spoke to the time spent with the Commissioner Phillips. She learned about Resolutions. Cathy Sartin stated she spent time with Commissioner Johnson. She stated he attends a lot of meetings and asks a lot of questions. Darci Walls spent time with the County Engineer. She stated they reviewed the Airport and the need for a ramp from I-70 to the Airport to eliminate some use on Highway 6. Jessey Renzelman spent time with Facilities Management. She stated she learned about the Fairgrounds and typed a brochure. Julie Williams spent time with the Finance Department. She stated she was informed how she could plan her financial future and explained how the office works. Angela Trujillo and Annie Baldwin spend time with Health & Human Services. Ms. Trujillo stated they attend several meetings, learned how to teach people to eat the right kind of food and learned about the different facets of that department. John Feltes and Stella Herrera stated they visited the System Technologies Department. Mr. Feltes stated he learned how the County is connected and how this building has a lot of problems and program errors. Ms. Herrera stated she learned that department does not sit and type all day but go out and fix computers and printers. Thad Vroman and Aaron Schlegel visited Road & Bridge. Mr. Vroman stated they visited Sweetwater Road where they were laying gravel. Mr. Schlegel stated they learned how they fix things and how to figure out how much gravel they have to put on the roads. Joe Bisant visited the Sheriffs Office. He stated they toured the jail. He stated they learned how prisoners are handled. They also got to listen in on part of hearing. Mr. Bisant spoke to the police canine and how they demonstrated how the dog finds drugs. Joe stated they got to view a sheriffs vehicle. Rick Schall spoke to his visit to the Treasurers Office. He stated he learned how much money the Treasurer's Office deals with, property taxes and the public trustee portion of the office. 4 01-19-1999 Justin Winstead and Brent Luark spent time with the Extension Office. He stated they learned how the Fair and Rodeo is coordinated. Justin stated they also did inventory on some herbicides. Brent stated they learned about judges for the Fair and the contracts they must sign. Jessica Jay and Jan Miller visited Human Resources. Ms. Jay stated they toured the County Buildings, and learned about all the facets of that office and how to relieve stress. Brian Kunkel & Shelby Esposito visited Social Services. Mr. Kunkel stated they visited the Senior Center and learned about percentages of seniors living in a senior complex. She stated there are only approximately 5% of elderly that live in a senior complex. Eric Quezada stated he spent time with GIS. He stated they gave him a tour of the building and they looked at a lot of maps. Chairman Phillips thanked the group for visiting and encouraged the students to stay for the rest of the meeting. SE-00016 Cosgriff Subdivision Exemption Eric McCafferty, Planner, presented file number SE-OOO 16, Cosgriff Subdivision Exemption. He stated this was a request to create a 2.2 acre lot through subdivision exemption. He explained the access easement to the parcel. He explained the gradient of the parcel is rather steep. He stated Staff received a letter from an adjacent land owner who asked for notification which was given. He explained with the reviews conducted and in exchange for support the owner has agreed to a building area of less than 40% average slope along with a plat note that requires an additional site specific soils investigation. Staff recommended approval without conditions noting the report states to the contrary. All issues have been satisfactorily addressed. Commissioner Johnson questioned the study for soil creep. Mr. McCafferty stated it was not conducted in 1976. He stated the soils investigation included three bore holes and creep was considered an issue. Based on that, staff talked to the applicant and concluded the most logical building envelope is that which the applicant has agreed to. All information has been reviewed by the County Engineering Staff. Commissioner Johnson moved to approve file number SE-00016 Cosgriff Subdivision Exemption, incorporating staff findings as follows: 1) The division of land is not within the purposes of Section 5-280 (Subdivision) of the Eagle County Land Use Regulations 2) Adequate access, potable water and sewage treatment are available 3) the exemption will not create hazards and the lot will contain a safe, adequate building site. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unammous. ZS-00043, MTM, Clear Creek Venture Telecommunications Site Terri Bernath, Planner, presented file number ZS-00043, MTM Clear Creek Telecommunications Site. She stated this was a request to allow for construction of a multi-use telecommunication facility and access drive. LEA-00014. Ms. Bernath stated this file was previously continued. Ms. Bernath clarified this is an antenna close to the Town of Eagle. She explained the structure, the electric, access, and the need for year round maintenance. No fencing is proposed. It is on BLM land and is approximately Y2 acre. All Engineering issues have been resolved, the applicant has provided two mitigation agreements one with the Forest Service and the other with the Division of Wildlife. Staffs concerns are visibility. Having conducted a site visit it was found that the site is not particularly visible 5 01-19-1999 from the I-70 corridor. The total height is 35 feet. She stated the wildfire mitigation has been resolved. The applicant was also in the process of getting their BLM permit and it was faxed to staff this morning. They do not expect any problems. Ms. Bernath stated the Planning Commission approved the application and added one condition and modified a couple of others. The inclusion of the power pole was agreed to, limitation of outside lighting and assurances the wildlife mitigation will be enforced. Ms. Bernath reviewed staff findings and conditions as follows: The following findings are made assuming compliance with staff recommended conditions pursuant to Section 5-250(B) of the Eagle County Land Use Regulations; 1) The proposed Special Uses ARE appropriate for their proposed location and are consistent with the purposes, goals, objectives and policies of the Master Plan and the FLUM of the Master Plan, including standards for building and structural intensities and densities and intensities of use; 2) The proposed Special Use IS appropriate for its proposed location and IS compatible with with the character of surrounding land uses; 3) The proposed Special Use DOES comply with the standards of the zone district in which it is located (Resource) and any standards applicable to the particular use(s), as identified in Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses (telecommunications facility); 4) The design of the proposed Special Use DOES minimize adverse impacts, including visual impacts of the proposed use(s) on adjacent lands, furthermore, the proposed Special Use DOES avoid significant adverse impacts on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare and vibration, and DOES not create a nuisance; 5) The proposed Special Use DOES minimize environmental impacts and DOES not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources; 6) The proposed Special Use IS adequately serviced by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection and emergency medical services; 7) The proposed Special Use DOES comply with the appropriate standards in Article 4, Site Development Standards; 8) the proposed Special Use DOES comply with all standards imposed on it by all other applicable provision of these Land Use Regulations for use, layout and general development characteristics. And, pursuant to C.R.S. 30-28-110; 1) The proposed use WILL NOT be detrimental to the health, safety and welfare ofthe inhabitants of Eagle County; 2) The proposed use WILL NOT affect in a substantial manner, the use or enjoyment of adjacent lands; 3) The site HAS adequate access and water and sewer are not issues; 4) The use of the site IS consistent with the applicable policies of the Master Plan; 5) The advantages of the DO outweigh the disadvantages; 6) There IS a demonstrated need for this proposal. Mac Neumann was present representing Mountain Top Management. Chairman Phillips explained to the students they would have the opportunity to speak if they so desired. Commissioner Johnson asked about the site specs. Ms. Bernath explained it will be either brown or green and correspond with the vegetation in the area. Mr. Neumann offered to show pictures of similar structures. 6 01-19-1999 Commissioner Johnson asked when the construction would begin. Mr. Neumann stated ifthe site is vacated prior to May 15th by the Eagle they could begin then. He stated if they don't vacate they would be restricted until July 15. Mr. Neumann stated the latest they can construct is August 15. He stated he has not yet reviewed the BLM's permit but it is spelled out as a condition of construction and wildlife agreement. Ms. Bernath reviewed the permit. Mr. Neumann stated the State wildlife Biologist has cited the Eagles in the nest. Ms. Bernath referred to the BLM's permit condition #10 stating construction should take place from May 15 to August 15 unless the nest is occupied and then it will be postponed until July 15. Commissioner Johnson asked if it is the applicant's verification. Ms. Bernath stated they will verify that. Mr. Neumann stated the photos are oftowers on Bellyache and elsewhere. Commissioner Johnson moved to approve file number ZS-00043, MTM Clear Creek Telecommunications Site, incorporation staff findings and conditions as modified by the Planning Commission as follows: 1) If compliance with the terms and conditions of the BLM permit referenced in this application (Application for Transportation and Utility Systems and Facilities on Federal Lands) causes non- conformance with any of the terms and conditions of this approval, this special use permit shall be subject to amendment and may be subject to revocation. Against this everyone prior to the issuance of a building permit and or grading permit, whichever shall be first, and the applicant shall submit to the Eagle County Department of Community Development, a copy of the BLM permit noted above for its reView. 2) The applicant has agreed to reclaim areas disturbed by the facility construction using native species and in-kind vegetation. Therefore, pursuant to Section 5-250.D, prior to the issuance of a building and or grading permit, whichever shall be first, the applicant shall provide collateralized revegetation agreement to Eagle County acceptable to the Community Development Department and the Eagle County Attorney. 3) An approved, signed Wildlife Mitigation Agreement shall be filed with the Eagle County Community Development Department prior to the issuance of any grading and or building permit, whichever shall be first. 4) Prior to the commencement of any applicable activity, the applicant shall submit to Eagle county proof of such applicable Federal, State and Local permits and plans as are required for such activity. 5) the site plan attached hereto represents the proposed, approved uses and is incorporated herein by this reference. 6) Except as otherwise modified by the permit, all material representations of the applicant in this application and public meeting shall be adhered to and considered conditions of approval unless otherwise amended by other conditions. This motion also includes approval of the reclamation agreement. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Eagle County Student Art Winners Commissioner Phillips stated the following is a list of the award winners in the Eagle County Student Art Winners and thanked those who took part in the contest: High School: Grand Champion Jamie Mayne $200.00 prize 7 01-19-1999 Reserve Champion Runner-ups Middle School: Grand Champion Reserve Champion Runner-ups Lacy Ramunno Jason Bagley Clint Bobson Anna Niswanger Justin Zimmel Tina Medina Kelly Adams Kyle Netzeband Kelley Baskins Daisy Lozano Nathan Ball Commissioner Johnson also thanked the group for attending. Resolution 99-60, Earth Awareness Week $50.00 prize $50.00 prize $50.00 prize $50.00 prize $50.00 prize $50.00 $200.00 prize $50.00 prize $50.00 prize $50.00 prize $50.00 prize Chairman Phillips introduced Earth Awareness week and thanked those in attendance for their participation and involvement. She stated there were so many good entries and these were selected among those to be proud of. Ray Merry, Environmental Health Officer, presented Resolution 99-060, declaring the week of April 19 through the 25th, 1999 as Earth Awareness Week. He read the resolution into the record as follows: Whereas, there has been an increased awareness of actions having direct and indirect impacts on our local environment; and Whereas, the citizens of Eagle County and the surrounding areas are concerned that steps be taken to preserve the quality of the environment for present and future generations; and Whereas, April 22nd marks the twenty-ninth anniversary of the first Earth Day, a day established to increase people's awareness oftheir environment and the effect their actions have on the environment; and Whereas, there is an international, national and local effort to involve as many entities as possible in this anniversary celebration of Earth Day through special events, media coverage and local efforts; and Whereas, the purpose of Earth Awareness Week is to bring into focus within Eagle County the understanding that the preservation and improvement of our environment is the responsibility of each individual; and Whereas, the Board of County Commissioners of Eagle County recognizes the importance of addressing environmental issues. Now, Therefore, Be It Resolved, that the Board of Commissioners, Eagle County, State of Colorado, do hereby designate the week of April 19 - 25, 1999 as Earth Awareness Week. Moved, Read and Adopted by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 19th day of April, 1999. Mr. Merry recommended the Board approve the Resolution. Commissioner Johnson moved to approve Resolution 99-60, declaring the week of April 19 - 25, 1999 as Earth Awareness Week. Chairman Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Mr. Merry stated the next item was the annual Earth Day Poster Contest Awards Presentation. He thanked everyone for coming today and explained that the Environmental Health Division was 8 01-19-1999 pleased to make the awards. He explained that the posters had been on display in the County Building and that they were voted on by staff and the public who have visited the building during the last few weeks. Mr. Merry stated the awards were provided by sponsors in the Community and individuals. He read the list of donators and what they had donated into the record as follows: l) Cascade Theater Group 5 movie tickets 2) S-M Petroleum Properties (Stop & Save) $25.00 3) 4-Eagle Ranch $50.00 4) Johnson, Kunkel & Associates $25.00 5) Norwest Banks, Eagle $100.00 6) Gallegos Corporation $100.00 7) Vail Resorts Environmental Div. 29 mugs 8) Bleachers Sports Bar & Grill dinner for four 9) Marko's Pizzeria, Gypsum certificate for $20.00, 2 certificates for large pizza 10) Nancy & Joe Busch 11) Restaurant Picasso 12) Patagonia 13) Curly Mary's Candy Shop 14) U.S. Forest Service framing for poster cake for ceremony recycled fleece jacket, discount on prizes earth day candy assorted fun handouts. Mr. Merry thanked the people from his office who made this happen being Janet Cole, Laura Faucett, Heather Savlox and Michell Kurn. They received a round of applause. Tambi Katieb was introduced and the code enforcement officers referred to. Chairman Phillips and Commissioner Johnson presented the awards to the winners ofthe poster contest as follows: Red Sandstone Elementary 3rd prize 2nd prize I st prize Each student explained their poster to the audience. Carla Marquez Mitchell Gray Ben Hernreich Edwards Elementary 3rd prize Lani Bruntz 2nd prize Aracely Chavez (not present) 1 st prize Travis Landauer These students also explained their posters to the audience. Gypsum Elementary 3rd prize Katie Jean Ewing 2nd prize Erica Lopez 1 st prize Madison Lebo Each student explained their posters to the audience. Eagle Valley Elementary 3rd prize 2nd prize 1 st prize .. ..~ Ni90 RandlJ (not present) Chelsea Liimman (not present) Mark Crabtree (not present) The overall winners ofthe Earth Day Poster Contest are as follows: Edwards Elementary Gypsum Elementary 3rd prize 2nd prize Benjamin Sack Sawyer Moch 9 01-19-1999 Eagle Valley Elementary 1st prize Lizeth Dominguez (not present) Eagle Valley Elementary Grand Prize Gretchen Decker (not present) Those students present explained their posters to the audience. Chairman Phillips explained that the grand prize winner's poster was framed and it will join previous winners posters and be hung in Community Development. Commissioner Johnson stated all ofthe hard work put into the posters was marvelous. It is wonderful to know that students are aware of our responsibility to the earth. He thanked the parents for taking part in this gathering and shared the appreciation for them to attend. Chairman Phillips also thanked the parents and children for being a part of this important event. Mr. Merry thanked everyone for taking part and to the Commissioners for their support in keeping Eagle County clean. He explained why he choose the fourth grade and the fact that they are our future decision makers. He invited people to the Community Development office to see all of the posters. Photographs were taken of all of the winners present. There being no further business to be brought before the Board the meeting was adjourned until April 26, 1999. ~~ hairman 10 01-19-1999