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HomeMy WebLinkAboutMinutes 05/24/99 PUBLIC HEARING MAY 24,1999 Present: Johnnette Phillips Tom Stone James Johnson, Jr. James Fritze James Hartmann Sara J. Fisher Chairman Commissioner Commissioner County Attorney 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 Agenda Chairman Phillips stated the first item on the agenda was the consent agenda as follows: A) Approval of bill paying for week of May 24, 1999, subject to review by County Administrator B) Approval of the minutes of the Board of County Commissioners meeting of May 10, 1999 C) Resolution 99-074 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. 10139705 in the amount of $205,108.45, for Stag Gulch Partners, to expire June 4, 1999 D) Resolution 99-075 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. 105 in the amount of$36,758.70, for Mountain Meadows Ranch, to expire June 4, 1999 E) Resolution 99-076 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. 979-4395 in the amount of $2,250.00, for Matt & Nancy Shoulders, to expire June 4, 1999 F) Resolution 99-077 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No.45 in the amount of $50,000.00, for Eby Creek Mesa Subdivision, Phase I, to expire June 1, 1999 G) Resolution 99-078 and Power of Attorney conferring authority on the Attorney's .Office to draw on Letter of Credit No. 10139703 in the amount of$101,151.84, for Kensington Partners, to expire June 16, 1999 H) Resolution 99-079 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No. S406567 in the amount of $2,579,400.00, for Kensington Partners, to expire June 16, 1999 I) Resolution 99-080 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 Stag Gulch Partners, to expire June 10, 1999 J) Resolution 99-081 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No.1 0137904 in the amount of $93,308.27, for Stag Gulch Partners, to expire June 10, 1999 K) Resolution 99-082 and Power of Attorney conferring authority on the Attorney's 1 05-24-1999 Office to draw on Letter of Credit No.205 in the amount of$168,336.71, for Stag Gulch Partners, to expire June 10, 1999 L) Resolution 99-083 and Power of Attorney conferring authority on the Attorney's Office to draw on Letter of Credit No.224 in the amount of $96,671.00, for Stag Gulch Partners, to expire June 10, 1999 M) Resolution 99-084 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 Stage Gulch Partners to expire June 10, 1999 N) Resolution 99-085 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 Stage Gulch Partners, to expire June 10, 1999 0) Extension of Down Payment Assistance Contract for Federal Funds between the Department of Local Affairs and Eagle County P) Addendum to Agreement between McManis Associates and Eagle County Department of Health and Human Services regarding conducting senior needs assessment Q) Sublease between Beaver Creek Food Services and Eagle.County for subleasing of Allie's Cabin for purpose of installation, operation and use of antenna by Eagle County Sheriff s Department R) Phase 1 E-911 Service Agreement between Eagle County Emergency Telephone Service Authority and Spring Spectrum S) Amendment to Isbill Agreement for installation of an Automatic Security System on the Airports Southwestern Gate T) Agreement between Eagle County and Best Access Systems for the installation of security access automatic gate system in the southeast general aviation area, including access control systems U) Consent to transfer tenancy of airport beacon lease from Mountain High Communications, dba/KTUN Radio to L & Broadcasting II V) Retired and Senior Volunteer Grant Application W) Agreement between Eagle County and Cyberlink Corporation X) Change Order # 1 to 1999 Guardrail Contract. Commissioner Stone asked for knowledge about the draws on the letters of credit. Bob Loeffler, Deputy County Attorney, explained the most common form of collateral is a letter of credit which are for a term. He explained the term is often a much shorter time frame. Commissioner Stone asked for specifics. Mr. Loeffler explained these relate to subdivision improvement agreements which must be collateralized. Typically roads. The common form of collateral is the letter of credit. These usually expire long before the work is done. He believes it may be banking practice that sets the dates. They need the BoCC's resolution to draw if there is a failure of the improvement that requires repair and the developer has not done so. Also when a letter of credit is on the verge of expiring and before a new letter of credit is issued. Commissioner Johnson explained they generate a power of attorney which allows the attorney's office to draw on the letter of credit. Typically they are replaced by a new letter of credit. Commissioner Stone suggested in most cases then they do not draw on the letter of credit. Mr. Loeffler stated they have drawn on them just a couple oftimes. Commissioner Stone asked if there is a way for them to be notified if in fact there is a case where it is not a matter of routine. Commissioner Johnson explained that it is noted on the agenda the purpose of the resolution. 2 05-24-1999 Chairman Phillips explained it is rare they actually have to move on these. Commissioner Stone asked about item P and the extension. Kathleen Forinash, Health & Human Services Director, stated they have asked it be extended as the original agreement expired May 1. Chairman Phillips asked if there is an additional charge. Commissioner Stone asked for the reason for the delay. He suggested it would have been more appropriate to have it before the Board first. Ms. Forinash explained the delay was due to the heavy involvement of all needed for input and the extended time to get the surveys back in. The additional time was at her request. Commissioner Johnson asked about the rate of return. Ms. Forinash stated about 35% for those over 60 and 50% for the other category. She explained they are following up with phone calls as well. Commissioner Stone asked about item V. Ms. Forinash explained they discussed this program in weekly update. She explained this is for individuals 55 years of age and older volunteering in not for profit activities. She explained the . program. She stated RSVP - Retired Senior Volunteer Program - can help to defray the cost of the program and administration of the program from transportation, meals and insurance. She explained the history of the program and the fact there is only one grant available. She stated Garfield already has a program. This would be a Summit/Eagle County program. Much of the monies would be to defray expenses. Commissioner Stone asked if they get the grant if the match would be shared equally. Ms. Forinash explained it is almost equal, but Summit is showing space and copy contributions where Eagle County is showing administration. She stated a larger portion with be in Eagle County. Commissioner Stone asked if the shares will be pro-rated. Ms. Forinash stated yes. Commissioner Stone asked when it will be awarded. Ms. Forinash stated in September. Commissioner Stone asked about item W and the agreement between Eagle County and Cyperlink Corporation. He asked if they put out an RFP and questioned the timing. Rich Cunningham, Facilities Management Director, stated they did do an RFP locally and in Denver. They received two proposals and this firm was much more qualified. Their price was much more realistic as well. He reviewed the proposals with Bill Lopez and Jack Ingstad. He explained they are very qualified and will apply four staff people. The additional time was asked for. They are very interested in this project. Commissioner Stone asked if they will wait until the entire study is done before they take action. He asked if they find in the course of the project they should make a change, will they do so. Mr. Lopez spoke to the proposal and the different sections. He spoke to the study he has done and the various uses. He stated they can ask them to focus on that initially. He intended to supply the Board with some information accordingly. He stated they will stage this and look at cell phone and paging sooner than later. The bigger issues are phone lines, ISDS carrier. Commissioner Stone asked about expansion. Mr. Lopez stated there are some efficiencies that can be incurred immediately. He stated on the cell phone charges, they can address those quickly. Chairman Phillips spoke to information she brought back from a telecommunications workshop and some ideas for recouping some of the revenue. Commissioner Stone stated he saw the comparison to be done. Mr. Lopez spoke to the proposal and the request for information. Much ofthat is ready for them 3 05-24-1999 so they can have a head start on the project. Commissioner Johnson asked for the difference in bids. Mr. Cunningham stated they are really not sure. The other firm that responded was excessively 'high for the same scope of services. Mr. Lopez believes the firm that quoted more would probably have been out searching much of the work. Chairman Phillips asked if anyone is present to speak to the sublease for the Sheriff s office. Commissioner Johnson stated it is for the Sheriffs phone switch room. Commissioner Stone stated it is up on Beaver Creek. Mr. Loeffler stated they are allowing them to have access to the area. Chairman Phillips asked about the beacon. Jim Elwood, Airport Manager, stated it is no longer being used by the airport, but they are allowing others to hang their equipment there. Commissioner Johnson spoke to the change order on the guard rail project. Brad Higgins, Road & Bridge Director, stated it is on the Frying Pan and needs to be finished up. It is still under budget. Commissioner Stone moved to approve the consent calendar as presented. Commissioner Johnson 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-00166. Lot 19. Berry Creek Ranch. Filing No.4. He stated this was a Minor "Type B" Subdivision, a resubdivision of Lot 19 to create two lots, Lot 19 N and Lot 19 S, along with a utility easement for both lots and an access for Lot 19 N. 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. He read the findings as follows: Pursuant to Section 5-290 (G) (1) ofthe Eagle County Land Use Regulations: 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. 1. Standards for Type A and Type B Subdivision. a. Access, potable water, and sewage disposal on the land to be subdivided are adequate; b. The plat does conform to Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Johnson moved to approve final plat file number 5MB-00166, Lot 19, Berry Creek Ranch, Filing No 4, incorporating staff findings. Commissioner Stone seconded the motion. The vote was declared unanimous. 5MB-00178, Lot B. Coyote Subdivision. He stated this was a Minor "Type B" Subdivision, a resubdivision of Lot B to create two lots, Lot B-1 and Lot B-2. The land proposed for subdivision is part of an existing subdivision, zoned Rural Residential in 1979. Lot B-1 will be 24.3 acres in size and Lot B-2 will be 14.9 acres in size. He read the findings as follows: 4 05-24-1999 Pursuant to Section 5-290 (G) (1) of the Eagle County Land Use Regulations: 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. 1. Standards for Type A and Type B Subdivision. a. Access, potable water, and sewage disposal on the land to be subdivided are adequate; b. The plat does conform to Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Stone moved to approve final plat file number 5MB-O 178, Lot B, Coyote Subdivision, incorporating staff findings. Commissioner Johnson seconded the motion. The vote was declared unanimous. 5MB-00179. Unit C-105W. Riverwalk Diamond Building. He stated this was a Minor "Type B" Subdivision, a resubdivision of Unit C-I05W to create three (3) commercial condominium units. Commissioner Johnson asked ifthey just want to read the section that the finding are in or do they want to read all of the findings. Mr. Hunn read the findings as follows: Pursuant to Section 5-290 (G) (1) of the Eagle County Land Use Regulations: 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. 1. Standards for Type A and Type B Subdivision. a. Access, potable water, and sewage disposal on the land to be subdivided are adequate; b. The plat does conform to Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Johnson moved to approve final plat file number 5MB-00179, Unit C-I05W, Riverwalk Diamond Building, incorporating staff findings. Commissioner Stone seconded the motion. The vote was declared unanimous. 5MB-00181. Pinecone Lodge Condominium Map. He stated this was a Minor "Type B" Subdivision, a resubdivision of Lot 30, Arrowhead at Vail, Filing No. 13 to create twenty-eight (28) residential condominiums and associated common elements. He read the findings as follows: Pursuant to Section 5-290 (G) (1) of the Eagle County Land Use Regulations: 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. 1. Standards for Type A and Type B Subdivision. a. Access, potable water, and sewage disposal on the land to be subdivided are 5 05-24-1999 adequate; b. The plat does conform to Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Stone moved to approve final plat file number 5MB-OO 181, Pinecone Lodge Condominium Map, incorporating staff findings. Commissioner Johnson seconded the motion. The vote was declared unanimous. Resolution 99-086. Road Vacation for Eagle Co. Road No. LC-5. Eagle Crest Road. This is a resolution to approve the vacation of a portion of a public Right-of-Way for Eagle Crest Road. The Board considered this file on April 26, 1999. Commissioner Johnson moved to approve Resolution 99-086, Road Vacation for Eagle County Road No. LC-5, Eagle Crest Road noting there were no conditions for the approval. Bob Loeffler stated there must be approval for signature of the quit claim deed. Commissioner Johnson amended his motion accordingly. Commissioner Stone seconded the motion. Commissioners Johnson and Phillips voting aye and Commissioner Stone abstaining. AFP-00008, Toner Creek, Lots A & B Eric McCafferty, Planner, presented file number AFP-00008, Toner Creek, Lots A & B. He stated this was a request to amend the boundaries of Lots A & B, Toner Creek Subdivision. Mr. Brennan was present for the hearing. He spoke to the history of the property and the recognition of four lots. He explained one of the lots was amended. He stated staff does recommend approve and read staff findings as follows: The proposed findings are made consistent with Article 5-290.B.3.a-d; 1) The proposed Amended final Plat is part of a previously approved Final Plat; 2) The proposed amendment to the Final Plat is not inconsistent with the intent ofthe Final Plat; 3) The proposed amendment to the Final Plat does not adversely affect adjacent property owners; 4) The proposed amendment to the Final Plat does not create a new lot or lots. Staff recommended approval. Commissioner Johnson moved to approve file number AFP-00008, Toner Creek, Lots A & B, incorporating staff findings. Commissioner Stone seconded the motion. The vote was declared unanimous. Resolution 99-087, Vacation of Plat for Beaver Creek Subdivision SMA-00008, Beaver Creek Subdivision, Filing 3 Jean Garren, Planner, presented Resolution 99-087, vacation of the plat for Beaver Creek Subdivision, Third Filing, Block 1, Tract B. She explained the resolution to the Board in conjunction with SMA 0008 which is a minor A subdivision. Staff recommended approval. She presented file number SMA-00008, Beaver Creek Subdivision, Third Filing, Tract B, Lots 1, 2, 3 and a map which she used to identify the areas in question. She explained that this is a request to abandon a final plat and create a new subdivision from previously platted and unplatted land. Commissioner Stone asked what is being vacated. 6 05-24-1999 Ms. Garren explained the vacated area and the creation of one lot. She explained lot three is the development lot which is planned for additional development. Chairman Phillips asked if the area in the square will remain. Ms. Garren stated yes. She stated the original plat was created in 1981 and at that time there were four buildings planned. Two have been built. The original PUD has been amended several times, the most pertinent in 1994 changing the land use from high density/open space to commercial. The residential density was dropped at that time. She spoke to the Tarnes and the 60 units used for employee housing. He stated they received this application on March 10 and now have the final plat. The Board is going to need to make a determination. In the Eagle County Engineers memo included, some of the concerns have been addressed, but one has not. It is whether or not an SIA must be developed and collateralized. This is a point of contention. The applicant does not agree. It is the Board's discretion that these shall be put in place. Ms. Garren stated Vail Associates has satisfied the Engineer that improvements within and to the area are subject to a prior agreement for which there is a letter of credit. She spoke to the landscaping collateralization which is held by the design review board of the Beaver Creek Resort Company. Staff has taken the position it supports the Eagle County Engineer recommendation that an SIA should be required. She suggested she prefers not to read the conditions because they may change based on the Board's determination. She referred to the recommended motion. She stated firstly they must vacate the plat. John Venegrin, Engineering Department, was present and explained as this is a Minor Type A Subdivision, an SIA is required. He read from the regulations. He stated one of the biggest issues to consider is what is a public improvement. He read from the regulations again being a public improvement on a site and/or right of way done so for public need. He explained they believe this fits the definition of public improvements and therefore requires an SIA. In the previous regulations, staff had more leeway. The regulations now leave this decision up to the Board. He states they see this as a project which in the past would have required an SIA. He stated there are some that have had them and some that have not. He spoke to River Edge which is very similar and that did not have an SIA. He suggested a case can be made either way. The Engineering Department would recommend one. Jack Lewis, Vail Resorts Development Company, stated their position has not changed in that all .ofthe improvements on the site are private. They are not for public benefit. They are constructing all of the uses for parking and driveways. Utilities to the new buildings, like a water tap, is not a main extension, but a tap. They are questioning where that becomes a public route. Grading and drainage has been resolved. They are putting up a landscaping guarantee to the Beaver Creek Design Review Board. He suggested these types of projects are not designed to make money. They have not anticipated this collateralization or the off site improvement fee based on their history. Mr. Lewis introduced Gerry Arnold, representing Vail Resorts Development Company. Commissioner Johnson asked for a copy ofthe present land use regulations. Mr Venegrin gave him one. Chairman Phillips asked when this was first approved. Ms. Arnold responded 1980 or 1981. She stated it has not been amended until now. She stated they have had to go about this and maybe it got confused. She stated they got everything platted except for one new building. She determined the best way to do so was through an SMA. She explained it was a technique and she didn't think an SIA would apply to this. She stated they have one, on one ofthe parcels, Bachelor Gulch Trail. Jack Lewis stated that is a public trail. Mr. Loeffler stated there have been occasions in the past where these sorts of improvements have been required to collateralize on an SIA. He stated the one instance he knows of, was at Paul Adams 7 05-24-1999 place in the Roaring Fork. He spoke to the parking lots and the basketball courts. He suggested the .Board will have to decide if they are pubic improvements. In terms of the on site improvements, they have been subject to the SIA's. Commissioner Johnson stated he doesn't have the history for the collateralization for landscaping. In the new regulations it says it may be required, they don't have any criteria why they would not have it collateralized. The reason is for it to meet County standards. He questioned the Design Review Board for Beaver Creek holding collateral for landscaping. He questions how that can meet with County standards. Mr. Loeffler suggested they are probably similar but perhaps not to the County's standards. They would not be enforcing anything for the County. He stated there are instances where there is double collateral. He spoke to multiple districts. If the project goes south, the public will come to the County. He suggested you may end up with double collateral but that may be the only way to make it good. Commissioner Johnson suggested if they don't want to be doubly collateralized, it would be the Design Review Board that would give up their authority as they could then come to the County. Mr. Lewis explained that previously it was the review boards that took on the responsibility as the County did not take the enforcement. He suggested this may the first time it has come up. Commissioner Johnson suggested the Design Review Board may be accepting of a letter. Mr. Lewis questioned what if their standards are less. Commissioner Johnson stated the plans must meet their standards if they are greater. Commissioner Stone spoke to the maintenance and replacement within two years. Commissioner Stone stated there are two issues, one the landscaping and one the public improvements. Landscaping says may and public improvements says shall. Mr. Loeffler suggested it might say shall but later says if. Jerry Flynn, Vail Resorts Development, Inc., asked if the new land use regs leave both decisions up to the BoCC, he asks why it is discretionary. Commissioner Johnson stated the word "shall" will be changed to "may" in the agreement with the community. He stated it creates an un-level playing field creating a situation that is not very pleasant for the developer or the Board. He suggested the improvements that must be required aren't being co llateralized. Chairman Phillips stated they have been very strong on requiring collateralization. She thinks that double collateralizing is not appropriate and when it says may, it should be flexible. Commissioner Stone suggested they need to determine if these are in fact public improvements. Commissioner Johnson stated when you talk about a driveway for an apartment complex, he thinks that they get into something that is a shade greyer than anyone wants. He stated he would look at the improvements being more quasi public than private. If it were one personal driveway it wouldn't be considered public. When you have a facility that is available to the public they should be considered public. Commissioner Stone stated the Tarnes is not an at large, advertised in the paper facility. Its 'purpose is just for Vail Resorts employees and therefore he tends to think they are not just public improvements. Commissioner Johnson suggested that facility will shortly be available to the medical center as well. Chairman Phillips stated this is on private land. She asked if anyone will be able to rent this or just Vail Associates. Mr. Lewis stated in the summer time the units are rented to the public. Mr. Flynn stated they lease in the off season months to the general public though the majority are 8 05-24-1999 Vail Associates employees. Commissioner Stone stated as Commissioner Johnson has, they are setting a precedent and may have others making similar requests. Mr. Lewis reminded the Board this is an affordable project. Commissioner Phillips asked if this is per unit. Mr. Venegrin suggested they have addressed that and assessed their off site impact at the time it was first approved. He stated part of what defines a public improvement is that if someone fails to finish the improvements, a lot purchaser would have something to fall back on. He stated here they will be controlled by a certificate of occupancy. Ifthey are not constructed, who is going to loose. Commissioner Johnson stated the collateral is not just whether they will be built but built to a standard that is acceptable. Chairman Phillips suggested that has a lot to do with it. This is an on-going project and an amendment to an improved development. Chairman Phillips asked ifthis was what they had spoken to earlier. Mr. Loeffler stated it could be rejected or approved subject to requiring and receiving an SIA or it can be approved without an SIA. He stated technically before them they need the vacation. Commissioner Stone moved to approve Resolution 99-087, Vacation of Plat for Beaver Creek Subdivision, Third Filing, Block 1, Tract B. Commissioner Johnson seconded the motion. The vote was declared unanimous. Ms. Garren suggested they must determine if the SIA and Landscaping agreement are needed and to be required. Chairman Phillips asked if they want to determine this as being public or private. Commissioner Stone asked if there are two issues to determine. He asked which they are asking for first. Commissioner Stone asked if they decide it is public if that is when the $1000 goes in. Mr. Loeffler suggested they approach this as to whether or not they would require a SIA for parking, walks, landscaping and utilities. Commissioner Johnson stated the landscaping falls under a different section and what has been talked about under the SIA, he doesn't see how they can not have it. Because it is in 4-240, it needs to be talked about separately. Commissioner Johnson stated they must have landscaping, it is whether they are going to cover the cost and above. Commissioner Stone stated he would like to require the landscaping with a written guarantee regarding the maintenance but not require the 125% collateral. Mr. Flynn stated the landscaping budget for this project is so far beyond anybody's requirements. It is the entrance to Bachelor Gulch and this project will only enhance the area. He stated he would not like to see the tripled figure be collateralized at 125%. Commissioner Stone stated he is trying to do the contrary. Commissioner Johnson asked what they would use. Mr. Loeffler stated all that is required is that the landscaping become part ofthe SIA which is their warranty. In there they can include the maintenance. The optional part as it relates to landscaping is the collateralization. The SIA is the promise they will do this. Commissioner Stone turned his above statement into a motion. Commissioner Johnson seconded the motion for discussion. He stated this is the first time they've come across this and believes they should set up some very clear criteria and within the motion to say this is the reason why they are setting the criteria. Commissioner Stone asked about the landscaping plan and if it was compared to the County 9 05-24-1999 regulations. Ms. Garren stated it far exceeds anything the County requires. Commissioner Stone stated the applicant would need to show their plan far exceeds any requirements by the county. Chairman Phillips stated if it is placed in the SIA it doesn't set a precedent. Commissioner Johnson stated there are not any real standards as to what the applicant must submit. Commissioner Stone asked if Commissioner Johnson agrees with the motion in general terms or asked for suggestions. Chairman Phillips called for the question on the motion. Commissioners Stone and Phillips voting aye. Commissioner Johnson voted no saying he didn't have an opportunity to formulate an alternative. A break was called for five minutes. Commissioner Johnson suggested what they could do to set the criteria is have the applicant submit to the County a letter of collateral to a third party that the County could be insured on. He suggested they could get that letter quickly and condition the approval on that. They were all in agreement. Chairman Phillips stated she is concerned that this is an affordable housing project and would not want to raise the cost. Commissioner Stone moved to reconsider the motion. Commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Stone moved that the County has found the landscaping plan as provided to the County far exceeds the requirements by the County and in addition will add to that, that they receive from the Design Review Board a letter showing the County as part of the collateralization agreement and that they add on there will be a provision showing they will maintain the landscaping for the additional two years. Commissioner Johnson stated he will second the motion if Commissioner Stone will remove the words "far exceeds the landscaping". Commissioner Stone agreed. Chairman Phillips called for the question on the motion. The vote was declared unanimous. Chairman Phillips stated they now need to decide if this is public or private. Commissioner Johnson stated by the testimony presented by the applicant that these are not just for private use. He stated the question is whether an off site improvement payment of $1 000 is needed or not? Jack Lewis suggested they are at the SIA determination regarding parking, grading and drainage. Commissioner Stone stated they can look at this in two separate issues. He asked if they could require an SIA but not require the $1000 per unit. Commissioner Johnson stated when they speak to the off site improvements and the fee of$1000 it is for county roads which the developer will use. He asked if the $1000 has been paid by the Vail Valley Medical Center in Edwards? Terrill Knight, Knight Planning, stated the answer is no. He stated an SIA was entered into and they improved the road which was site specific. He stated the housing was not in the first phase anyway. Commissioner Johnson asked if the improvements have satisfied the agreement. Commissioner Johnson suggested a motion need not be made as the engineering concerns have been satisfied. Mr. Venegrin suggested they still need to determine if these are private or public improvements. Ms. Garren suggested it would be worthy of the Board to make a formal finding. 10 05-24-1999 Mr. Loeffler stated they could change required to not required. Ms. Garren read the findings stating Pursuant to Section 5-290.B.l, definition, Type A Subdivision of the Eagle County Land Use Regulations; a) this plat DOES NOT CREATE more than three lots within the property; b) A portion of the property HAS NOT BEEN previously platted; Pursuant to Section 5-290.C.1, Procedure; Initiation of the Eagle County Land Use Regulations; a) The final plat of the proposed subdivision IS IN CONFORMANCE with Final Plat requirements; b) The land IS PROPERLY ZONED for the proposed use and the use DOES CONFORM with the existing zoning; c) All lots HAVE legal and physical access to a public street or right-of-way by conventional vehicle; d) Satisfactory evidence EXISTS to the existence of a legal, physical, adequate and dependable water supply for each lot; e) Satisfactory evidence EXISTS that a waste water disposal system for each lot complying with all applicable public health laws is in place; f) Satisfactory evidence EXISTS that adequate fire protection exists for each proposed lot; g) Satisfactory evidence EXISTS that all site conditions associated with the subdivision will not create hazards and both lots will contain safe, adequate building sites; h) A site plan HAS BEEN SUBMITTED, but is not required for this plat; i) A Subdivision Improvements Agreement off-site road improvements agreement or other agreement IS NOT REQUIRED by Eagle County pursuant to Section 5-280.B.5.e of the Eagle County Land Use Regulations except for landscaping; j) A copy of the protective covenants, declaration, party wall agreements or other restrictions placed on the subdivision HAS PREVIOUSLY BEEN RECORDED; k) The school land dedication or cash-in-lieu requirement HAS BEEN PREVIOUSLY SATISFIED; Pursuant to Section 5-290.G.l Standards; Standards for Type A and Type B Subdivision ofthe Eagle County Land Use Regulations; a) there IS adequate access, potable water, and wastewater sewage disposal on the land to be subdivided; b) the proposed subdivision IS IN CONFORMANCE with Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c) It has been determined that an Improvements Agreement IS NECESSARY for the landscaping portion of this plat. Commissioner Johnson moved to approve file No. SMA 00008, incorporating staff findings and authorizing the Chairman to sign the plat and the SIA once received and approved by the Eagle County Attorney. Commissioner Stone seconded the motion. The vote was declared unanimous. Resolution 99-088, Allocation of PUD Employee Housing Credits Bob Loeffler presented Resolution 99-088, authorizing the allocation ofPUD Employee Housing Credits to Vail Clinic, Inc., for its participation in expanding the Tarnes employee housing complex. Mr. Loeffler explained the resolution to the Board and recommended approval stating Vail Medical Center will received control over 34 beds to satisfy their employee needs. Vail Valley Medical Center stated they have requested they be recognized as contributing to the employee housing need. 11 05-24-1999 Commissioner Johnson stated the Board had questioned what one bed on site was worth off site. He stated he would like to change the first sentence of the second page to insert "off-site" behind 34. He stated that way the Medical Center would be awarded 34 off-site beds. Commissioner Stone agreed with the inclusion of the words off-site. Commissioner Stone moved to approve Resolution 99-088, authorizing the allocation ofPUD Employee Housing Credits to Vail Clinic, Inc., for its participation in expanding the Tarnes employee housing complex with the addition of off-site wording. Commissioner Johnson seconded the motion. The vote was declared unanimous. Application for Housing & Urban Deveopment Funding David Carter, Housing Division, presented an application for Housing & Urban Development Funding. He explained the application to the Board and recommended approval. Chairman Phillips declared the hearing open to the public. Mr. Carter explained the reason for the funding. He stated the funds are for the Riverview Apartments. He stated it also addresses other community needs, i.e. senior housing. He noted the proposed application is a pass through of the Eagle River Housing Association. Chairman Phillips questioned if Mr. Carter had received any comments in writing. Mr. Carter answered no. Chairman Phillips declared the public hearing closed. Resolution 99-089, Grant Funds, Colorado Division of Housing David Carter presented Resolution 99-089, in the matter of applying for grant funds from the Colorado Division of Housing to provide housing assistance. He explained the resolution to the Board. Commissioner Johnson moved to approve Resolution 99-089, applying for grant funds from the Colorado Division of Housing to provide housing assistance. Commissioner Stone seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until June 1, 1999. Attest: Clerk to the Bo 12 05-24-1999