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HomeMy WebLinkAboutMinutes 06/14/99 PUBLIC HEARING JUNE 14, 1999 Present: Johnnette Phillips Tom Stone James Johnson, Jr. James Fritze James Hartmann Sara 1. 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 is the consent agenda as follows: A) Approval of bill paying for week of June 14, 1999, subject to review by County Administrator B) Approval of payroll for June 17, 1999, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioner meeting of May 24, 1999 D) FY98-99, EPSDT Contract Change Order E) Memorandum of Understanding between Fifth Judicial District, Eagle County Department of Health and Human Services, Summit County Department of Social Services and CASA of the Continental Divide F) Resolution 99-097, Final Release of Collateral and Termination of Subdivision Improvements Agreement for Bear Gulch Subdivision, Filing 2 G) Resolution 99-098, Final Release of Collateral and Termination of the Subdivision Improvements Agreement for Bear Gulch Subdivision, Filing 1 H) Resolution 99-099, Final Release of Collateral and Termination of the Subdivision Improvements Agreement for Mountain Meadows Ranch I) Resolution 99-100 and Power of Attorney conferring authority on the Attorney's Office to draw on letter of Credit No. 6087 in the amount of$815,837.30 for Vail/Arrowhead, Filing No. 1, to expire June 14, 1999 J) Resolution 99-101 and Power of Attorney conferring authority on the Attorney's Office to draw on letter of Credit No. 6086 in the amount of$237,119.62 for Vail/Arrowhead, Filing No. 13, to expire June 14, 1999 K) Resolution 99-102 and Power of Attorney conferring authority on the Attorney's 'Office to draw on letter of Credit No. 6088 in the amount of$I,299,971.16 for Vail/Arrowhead, Filing No.2, to expire June 14, 1999 L) Resolution 99-103 and Power of Attorney conferring authority on the Attorney's Office to draw on letter of Credit No. 6289 in the amount of $1 ,485,927.00 for Vail/Arrowhead, Filing No.3, to expire June 14, 1999 M) Resolution 99-104 and Power of Attorney conferring authority on the Attorney's Office to draw on letter of Credit No. 6248 in the amount of $61,000.00 for Vail Corporation, Filing No. 18, to expire June 14, 1999 N) Resolution 99-105 and Power of Attorney conferring authority on the Attorney's Office to draw on letter of Credit No. 6249 in the amount of$848,204.00 for Vail Corporation, Filing 1 04-14-1999 No. 18, to expire June 14, 1999 0) Eagle County Wildfire Annual Operating Plan for 1999 P) COPS Universal Hiring Program Grant Q) Contract with Colorado Department of Transportation for the Edwards Intersection Project. Chairman Phillips asked if any of the Resolutions drawing on various letters of credit are to be withdrawn? Bob Loeffler, Deputy County Attorney, stated they are not being withdrawn. Commissioner Johnson spoke to the minutes, page 8, he would like it noted the agreement with members of the community, "shall" should be changed to "may". Also on page 1 0 where Commissioner Johnson stated he was voting no as he did not have time to formulate his thoughts, it should state Commissioner Johnson voted no as he did not have the opportunity to formulate an alternative. Also on page 1 0, it stated Commissioner Johnson will second the motion if Commissioner Stone will remove the wording far exceeds the landscaping. That should read meets County requirements. Commissioner Stone stated he had no changes to the minutes. Commissioner Johnson moved to approve the consent calendar as posted pulling item P for a separate vote and include the corrections to the minutes. Commissioner Stone seconded the motion for discussion. In discussion, Commissioner Stone asked about item E and asked Ms. Forinash if this is a new MOD. Kathleen Forinash, Health & Human Services Director, stated it has been in existence nationally for many years but not in this judicial district. She stated they decided to start this in Summit and Eagle Counties. This is the first time for the MOU to layout an understanding of the roles. Commissioner Stone asked if this is a new program. Ms. Forinash stated it is. Commissioner Stone asked if this takes additional time. Ms. Forinash stated it does as far as making copies and contacts. She stated it is already something they do and doesn't expect any financial consequences. Commissioner Stone stated in time that may be the issue. He stated it is financial but it is a time commitment as well. Ms. Forinash stated she thinks they can handle this. Chairman Phillips called for the question on the motion. The vote was declared unanimous. Commissioner Johnson stated the reason he pulled item P is he does not support sending this application. Commissioner Stone asked for clarification. Commissioner Johnson stated there are a number of grants that are going away and a number of positions that are going to go away as well. Kim Andree, Eagle County Sheriff s Office, stated there are five. Commissioner Johnson stated they will need to make a decision as to whether the County will fund those positions or not. He stated they agreed to make a decision about funding. Commissioner Stone read from the grant and the requirement for the applicant to make a statement as to how the staff will be retained. Ms. Andree stated the Sheriff did make a commitment to the second set of five they have budgeted for. They have proposed the five officers for the two months ofthis year and ask for the five additional officers for next year's budget. This one today does have a written requirement for a one year .commitment. This does last until 2002. They would cash match at 17%. The officers will not come to full time County employees until 2002. This grant is asking for retention of at least one year following. She stated the Sheriff asked for five this year for 2000, nothing for 2001 and this one today for 2002. 2 04-14-1999 Commissioner Johnson stated since 1990 as far as the operations officers are concerned it has increased 50% and the agency from 50 to 94. He asked if there is that much of a problem keeping up with law enforcement in this County. Ms. Andree responded yes. They are having a difficult time keeping up. Jim Fritze, County Attorney, stated the plan needs to include appropriate wording for funding these officers according to State law. He stated the Board can not obligate funds for excess of one year without a vote ofthe people. He suggested they may want to add some verbiage accordingly. If the Board wants to make the commitment it has to be subject to budget and/or appropriation. Ms. Andree asked how they have surpassed that in the past. Mr. Fritze stated this is amendment 1. Chairman Phillips explained that this grant requires the employment continue. Mr. Fritze stated the Board has made obligations that go on a number of years but the new Board can opt out of those. The problem is the Board cannot bind itself. Chairman Phillips stated there is a portion of this that states it can be appealed. Ms. Andree explained and stated if they know in August of 200 1 they can not make the commitment they may not replace someone who leaves. Jim Hartmann, County Administrator, asked how many vacancies they have. Terry Lowell, Finance Director, stated he believes that number is ten. He received that information from Robbie last week. Ms. Andree questioned the figures. She suggested there may be some positions that have not been replaced. Commissioner Stone asked for a needs assessment and a budget assessment to know how much this is going to cost Eagle County. He stated he would like to know all the costs. He stated they are being asked to make a decision to spend money but he doesn't know how much they are going to spend. Chairman Phillips asked when this has to be turned in. Ms. Andree responded yesterday. Chairman Phillips suggested they have a work session to discuss this. Ms. Andree reminded them this is an application. They may not receive the award. Ms. Andree asked when this should be done by. Commissioner Johnson asked that it be done by the 28th. He recommend they table this to the 28th and that it be agended as a scheduled item. They could have the work session prior to that. Commissioner Johnson moved to table item P to June 28. Commissioner Stone seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Scot Hunn, Planner, presented the following plats and resolutions for the Board's consideration: 5MB-00176. Lot 12, Berry Creek Ranch, Filing No.4. He stated this was a Minor "Type B" Subdivision, a resubdivision of Lot 12 to create two lots, Lot 12 E and Lot 12 W, along with a an access for both lots. This plat does contain a duplex split caveat stating that only one (1) two-family residence may be built on the combined area of the two lots. He read staff 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. 3 04-14-1999 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 or Off Sites Road Improvement are applicable. Commissioner Stone moved to approve final plat file number 5MB-00176, Berry Creek Ranch, Filing No.4, incorporating staff findings. Commissioner Johnson seconded the motion. The vote was declared unanimous. Resolution 99-106 and Approval of Lease Jim Hartmann introduced Vicki Maddox and Jack Gardner of Hogan and Hartzen. He stated they are serving as bond council on this project. Vicki is from George K. Baum. He stated bids were taken on June 10 and awarded on the basis of the bids received. He stated this resolution approves a ground lease for which the site is leased to Eagle Lease Financing Corporation of a Joint maintenance Service Center for use by the County Road & Bridge Department and the Eagle County Regional Transportation Authority; ratifying actions previously taken; and providing other matters relating thereto. Ms. Maddox spoke to the pricing book and the presentation to the Transportation Authority on Thursday. She stated bids were taken on Thursday. Advertisements were out for two weeks. It was sold for public sale. She referred to the Certificates of Participation handbook. She explained the terms ofthe sale. The final amount was $16,000,000. She explained the scales in the handout. She stated these are large state issuers. She spoke to the changes in the bond market in the last few years. She 'stated they have seen a steady increase in rates over the last couple of weeks. She referred to the newspaper articles before and after the sale. She further explained the handout. She spoke to last week being a busy week. She spoke to the willing syndicate and listed those as found under tab 4 of the hand out, attached to the minutes. Ms. Maddox stated there was only one bid. She stated they were prohibited from bidding. She stated they received a nice bid and compared to the US Bank Corp transactions in the same day, they are only 10 basis points higher. They stacked up well. She spoke to Piper and they would have submitted a bid themselves. The last piece is the debt service schedule and also the sources and uses of funds and how they will be distributed. She explained they will have $14,000,968 available to work with. Jim Fritze spoke to the Resolution and the approval of a ground lease at the airport. As required by the federal grant insurance there was an appraisal and the lease is in accordance with that appraisal and they will be receiving fair market value. That money is paid to the airport and will stay on the airport as far as the ground rent. There is a lease purchase agreement with the construction and numerous minor issues as well. Mr. Gardner stated most of the documents that would be otherwise signed by the County will be signed by the leasing corporation. They will meet later today. Jim Hartmann stated Rich Cunningham, Facilities Management Director, negotiated the contract. The not to exceed number is still being negotiated. Mr. Cunningham stated the contract is for $11,900,000 with fourteen months to construct. Mr. Gardner stated the closing will be held a week from tomorrow and at that point the funds will be in the bank for the construction. Commissioner Stone moved to approve Resolution 99-106 and approve a ground lease for which the site is being leased to Eagle Lease Financing Corporation of a Joint Maintenance Service Center for use by the County Road & Bridge Department and the Eagle County Regional Transportation Authority; ratifying actions previously taken; and providing other matters relating thereto. 4 04-14-1999 Commissioner Johnson seconded the motion. The vote was declared unanimous. Final Settlement, Aviation Systems Maintenance, Inc. Jim Elwood, Airport Manager, presented final settlement for Aviation Systems Maintenance, Inc for un-interruptible power supply and remote monitoring equipment at the Eagle County Regional Airport. He stated this matter was published and no claims have been received. He reminded the Board this is for a back up power supply. A sizable portion ofthis was with State grant funds. He recommended approval. Commissioner Johnson moved to approve final settlement for Aviation Systems Maintenance, Inc. Commissioner Stone seconded the motion. The vote was declared unanimous. Application, Federal Assistance Jim Fritze spoke to the application for federal assistance for Health and Human Services discussed this morning. He suggested the Chairman sign this application and if the original minutes don't contemplate approval of another document they will place it on the agenda for ratification. Otherwise the time line will take care of it. He stated the Chairman will be authorized to sign based on the original approval. Commissioner Johnson moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Stone seconded the motion. The vote was declared unanimous. Paddy's Earlene Roach presented a renewal of a hotel and restaurant license for Eagle-Vail Restaurant Group, Ltd, dbalPaddys. She stated this application is in order and all fees have been paid. The Sheriffs Office reports no complaints or disturbances during the past year. Staff recommended approval. Commissioner Johnson asked if this is the first renewal for this license. Ms. Roach stated they changed ownership two years ago. Dale Ohde, owner, was present for the hearing. Commissioner Johnson spoke to the stable work force at Paddy's. He asked if everyone is TIPS trained. Mr. Ohde stated there may be some new servers that are not, but as soon as they offer the TIPS class they will send them. Commissioner Johnson spoke to the large volume of alcohol served there and the fact they have received no complaints. He thanked them for the good job they do. Commissioner Stone moved to approve the renewal of a hotel and restaurant license for Eagle- Vail Restaurant Group, Ltd, dba/Paddys. Commissioner Johnson seconded the motion. The vote was declared unanimous. El Jebel Liquors Earlene Roach presented a renewal of a retail liquor store license for Gloria 1. Deschamp, dba/EI Jebel Liquors. She stated this application is in order and all fees have been paid. The Sheriffs Office 5 04-14-1999 "reports no complaints or disturbances during the past year. Staff recommended approval. Gloria Deschamp, applicant, was present for the hearing. Commissioner Johnson asked about the drive over. Ms. Deschamp stated it was good. Commissioner Johnson spoke to the summer construction. Ms. Deschamp agreed that Glenwood needs to get its act together. Commissioner Johnson suggested he has never heard any complaints about this outlet. He stated he applauds the staff and the owners for doing such a fine job. Commissioner Johnson moved to approve the renewal of a retail liquor store license for Gloria J. Deschamp, dba/El Jebel Liquors. Commissioner Stone seconded the motion. The vote was declared unanimous. Piney River Ranch Earlene Roach presented a managers registration for Ben Bajak, Piney River Ranch, Inc., dba/Piney River Ranch. She asked this be tabled to July 12, 1999. Commissioner Stone moved to table the managers registration for Ben Bajak, Piney River Ranch, Inc., dba/Piney River Ranch to July 12, 1999. Commissioner Johnson seconded the motion. The vote was declared unanimous. Tramonti Earlene Roach presented a change in corporate structure for J.K. & F. Corporation, dbalTramonti. She asked this be tabled to July 12,2 1999. Commissioner Johnson moved to table the change in corporate structure for J.K. & F. Corporation, dbalTramonti, adding Jerome Weiss as an officer until July 12, 1999. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone asked if there is a date by which these must be taken care of. Ms. Roach stated there is not, but she's only going to give him one more chance Wildhorse Bistro at Inn at Riverwalk Earlene Roach presented a managers registration for Bill McFarlane, Wild Horse Bistro, Inc., dba/Wildhorse Bistro at the Inn at Riverwalk. Mr. McFarlane is reported to be of good moral character. Ms. Roach stated Bill is not present though Sandy is. Commissioner Johnson suggested it be tabled so that Mr. McFarlane can be present. Commissioner Stone moved to table the managers registration for Bill McFarlane, Wild Horse .Bistro, Inc., dba/Wildhorse Bistro at the Inn at Riverwalk to July 12, 1999. Commissioner Johnson seconded the motion. The vote was declared unanimous. Coyote Cafe Earlene Roach presented a renewal of a hotel and restaurant license for Diamond Five Limited, dba/Coyote Cafe. She stated this application is in order and all fees have been paid. She stated there was one disturbance by a customer. The person had also been drinking elsewhere. The bar was not cited. Staff recommended approval. Jeff Forbes, owner, was present for the hearing reviewed the diary and stated he has spoken with Earlene, the bartender and the server. He reviewed the information in the diary. He stated they did serve 6 04-14-1999 them rum and cokes. The bartender from McCoy's indicated they had been drinking there. He stated it might have been his waitress that pressed the charges. Commissioner Johnson asked who is Jeffrey. Ms. Roach stated she doesn't see any report where they talked to the bartender. She indicated this report is confusing. Staffhas spoken with Mr. Forbes and warned him about it happening again. Commissioner Johnson asked about a bouncer. Mr. Forbes stated not at night but he does during Apres Ski. He believes this happened about 8:00. He stated normally the bouncer/doorman leaves at 6:00. Commissioner Johnson asked for staffs recommendation. Ms. Roach stated to approve the renewal but have them come back next year. Commissioner Johnson moved to approve the renewal of a hotel and restaurant license for Diamond Five Limited, dba/Coyote Cafe with the stipulation they return next year for the renewal hearing instead of two years. Commissioner Stone seconded the motion. The vote was declared unanimous. Ristorante Ti Amo Earlene Roach presented a renewal of a hotel and restaurant license for Perucchini, Inc., dba/Ristorante Ti Amo. She stated this application is in order and all fees have been paid. The Sheriff s Office reports no complaints or disturbances during the past year. Staff recommended approval. Commissioner Johnson stated this is a pleasant surprise that prior to these owners there had been at least four others beforehand. Vincenzo Perucchini, owner, reflected on when he first came in and being questioned as to what would make the difference. He stated good food, good atmosphere and good service. He stated they are now opening a second restaurant in Frisco. Commissioner Stone moved to approve the renewal of a hotel and restaurant license for Perucchini, Inc., dba/Ristorante Ti Amo. Commissioner Johnson seconded the motion. The vote was declared unanimous. State Bridge Lodge Earlene Roach presented a renewal of a tavern license for State Bridge Lodge Corporation, dba/State Bridge Lodge. She stated if the Board will recall they asked this applicant be brought back in this year due to a few problems at the establishment in the past. The Sheriff Office reports no complaints or disturbances during the past year. This application is in order and all fees have been paid. Michael & Bobbi Parks, owners, were present for the hearing. Mr. Parks stated they have a TIPS class scheduled for next week and they are planning on a good summer. Commissioner Johnson asked if they have had any problems recently. Mr. Parks spoke to the wanderer from Ranch del Rio they had a problem with last year. He is no longer allowed in their establishment. Commissioner Johnson moved to approve the renewal of a tavern license for State Bridge Lodge Corporation, dba/State Bridge Lodge. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Local Liquor Licensing Authority and reconvene .as the Board of County Commissioners. Commissioner Johnson seconded the motion. The vote was declared unanimous. 7 04-14-1999 AFP-00063, Spring Creek Ranch, Lot 3, Amended Final Plat Scot Hunn presented file number AFP-00063, Spring Creek Ranch, Lot 3, Amended Final Plat. He stated this was a request for an amendment to the platted building envelope to revise it to fit the existing residence built outside the building envelope. He stated when the permit was issued this was not brought to their attention, however, a framing inspector did find the problem and thus the hearing today. He stated where they did build their house is a better location for septic and drainage. He read staff findings as follows: Pursuant to Section 5-290, Minor Subdivisions of the Eagle County land Use Regulations, the following findings are made; a) The proposed amendment does NOT adversely affect adjacent property owners; b) The proposed amendment IS consistent with the intent of the Final Plat; c) The proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines; d) NO improvements agreement nor off-site road impacts were applicable; e) The amendment is NOT an alteration of a restrictive plat note. Mr. Hunn stated staff recommended approval. Commissioner Stone asked how far outside of the envelope is the building. Mr. Hunn stated it was only two or three feet. He sated he has maps if necessary. Chairman Phillips asked for public comment. There was none. Commissioner Stone moved to approve file number AFP-00063, Spring Creek Ranch, Lot 3, Amended Final Plat, incorporating staff findings and authorizing the chairman to sign the plat. Commissioner Johnson seconded the motion. The vote was declared unanimous. VIS-0002, Homestead Drive Variance George Roussos, County Engineer, presented file number VIS-0002, Homestead Drive Variance. He stated this was a request to approve a petition for a Variance Permit from the Suburban Residential Collector Standards established in Section 4-620.J of the Eagle County Land Use Regulations for the design of Homestead Drive. The Variance Permit petition is in accordance with Section 5-260.G and Section 4-6120.A.2 ofthe Eagle County Land Use Regulations. He stated they are proposing a reduction. He referred to the inflexibility ofthe Land Use Regulations and what is proposed must present an equivalent level of safety. He stated that is the dilemma. The project proposed is clearly designed to improve the safety for the pedestrian. He stated they walked the area and saw a school child walking up the road with books in hand. He stated there are other classes of users on the driveway and right of way. He suggested he must take into account equivalent level of safety for all users, bikers, 'walkers, and drivers. He doesn't believe that the proposal improves the safety for the cyclists or motorists. He is proposing an option that provides enhanced safety for the pedestrian via a ~dewalk, a bike lane on each side of the roadway and you provide an acceptable travel way for an automobile. He believes that one provides an improvement for all users of the roadway as opposed to the one proposed by the applicant. The applicant is concerned that the proposal does provide a more urban feature and the cost to provide the infrastructure. They have only budgeted for the curb and gutter and attaching it to the roadway. They have made no provision for funding. In talking with Brad Higgins, Road & Bridge Director, all the roadwork has been completed except the paving of Homestead Drive and the speed bumps. There is a question of implementation and it may not be able to be done this year. Staff agrees a variance is appropriate however, the lesser standard still exceeds what the Metro District has applied for. The County's standards are for a 2.5 foot curb and gutter. David Loche, Edwards Metro District board of Directors, stated he has two daughters that would 8 04-14-1999 love to walk to school and would appreciate a path to connect accordingly. Of the five Board members, two are parents. They reviewed the cost and agreed it was necessary. They budgeted about $125,000. They did not know that an improvement such as this would take so much time and effort. He stated they said they would add the curb and gutter but then reviewed the Land Use Regulations. They believe the requirement may apply to a new subdivision but not to an old one. He stated the homeowners are not in support of a wider road as it would just give the speeders another lane to pass. They believe the raised .sidewalk will keep the speed down. He understands the reason for the regulations, but doesn't know that they can get the additional funding from the Board. The sidewalk is needed but the additional work may place a constraint. He explained the drop off of the road and to even put the side walk in they will have to grade it up. To widen it, will be costly. He spoke to the machine that will pour the curb, gutter and sidewalk all at once. Commissioner Johnson stated the regulations are in place for a reason and doesn't see why the children in new subdivisions should be safer than in old subdivisions. He stated it then costs more to retro fit the developments. Mr. Loche spoke to a discussion with Bobbie Warner and the fact that he put in sidewalks because they were needed, not because they were required. Commissioner Johnson spoke to the lack of children fifteen years ago and the need to do things differently now. He asked Mr. Roussos ifthere is any way to put one bike lane to accommodate traffic going both directions. 0 Mr. Roussos stated they can do so ifit is completely detached otherwise it must go with the flow. Mr. Loche spoke to growing up with curb, gutter and sidewalks, and jumping the curbs. He stated if someone wants to be off the road, they could go on to the sidewalk. He stated they would still like to do that and not add the additional asphalt. Commissioner Stone stated he is glad the Metro District has the funds to do some work. He believes it is an improvement that ought to go along with this. Mr. Loche stated he would like to know what that cost is as he will have to go before the Board and ask they spend a lot more money. Commissioner Johnson suggested because it involves the safety of children, it would not be unworthy. Brad Higgins suggested an estimate could be given but not taking into account the utilities. Mr. Loche suggested with curb and gutter being $125,000 without the additional road work, he is guessing a half a million dollars. He doesn't believe the additional expense will be approved. He doesn't want that to happen. Chairman Phillips asked if it essential to do the curb, gutter and bike path. She asked about just doing the bike path and then eventually putting in the curb and gutter. Mr. Loche stated there has been one death of a dog hit while on a leash. He stated there hasn't been a loss of life yet. Commissioner Johnson wanted to clarify that just widening the road and adding a bike path wouldn't solve the problem. Mr. Loche stated the guard rail would have to be removed on one section. Mr. Loche asked if they could envision a bike path off the road. Mr. Roussos suggested it would be very difficult. Commissioner Johnson stated it would be very expensive as well. Mr. Roussos stated the additional work would be very expensive, probably more so than just the curb and gutter. Mr. Loche stated this is going to get so costly either the County will have to pay for it or it won't happen. Mr. Roussos stated the real dilemma faced is deciphering which is more important. There were 9 04-14-1999 children in the audience who live there. He stated he wouldn't allow his children to walk that path. He stated the dream would be that children could safely walk or bike to school. Commissioner Stone stated he likes the alternative that Mr. Roussos came up with as it reduces the road width and increases the bike and sidewalk areas. He understands it is a difficult situation but perhaps the Edwards Metropolitan District can see their way through getting this done. Mr. Loche stated he is not ruling this out but there is a group of homeowners who do not want to see eight feet of additional asphalt and a paving of paradise. Commissioner Stone suggested it is not a paving of paradise. Mr. Loche suggested this would then be just the beginning. This stretch would end and others may be demanding of more. Commissioner Stone stated he would sincerely like the Board give this some consideration .before ruling out the possibility. Commissioner Johnson stated he agrees with Commissioner Stone and doesn't see how this Board can allow for a variance for a standard that is less than what Mr. Roussos has recommended. He stated it is actually only an additional six feet. He asked about the width of the sidewalks around the building. The answer was five feet. Chairman Phillips stated she is concerned that they will not do this and there are not a lot of areas that have a bike path by the sidewalk side by side. She thinks it makes better sense to not do the one at this time. Elizabeth Meyers, on behalf of the Homeowner's Association, stated they do not want to widen the roads, they only want curb and gutter. The real issue is speed control. She stated people travel that road at 50 miles per hour. It is only a 25 mile an hour zone. To do everything would be great, but it is not going to happen this year. She would like to something done so that they can walk and bike safely. Mr. Higgins stated they have held off on this and if they let them go, it is going to be September before they can get them back. He needs an answer. He spoke to the attached bike paths. He stated there are many problems including maintenance and the safety factor. He stated he and Mr. Roussos don't necessarily agree. Commissioner Johnson asked about the mobilization costs. Mr. Higgins stated a minimum on $2500 depending on where they are coming from. He spoke 'further to the divider between the bike path and the road way. He suggested the additional asphalt will cause greater speeds. Commissioner Johnson questioned the bump in the road. Mr. Higgins explained. Commissioner Stone asked if they could not have the bike lane and perhaps a wider path that could accommodate people and bikes. He spoke to the Vail Pass bike path. He asked if the Metro District could produce a wider bike area. Mr. Roussos stated he has used the paths in Glenwood Canyon and those are inadequate. He stated that came out when designing paths for the trail system. They are looking to allow a ten foot paved section. Commissioner Johnson suggested maybe looking at a nine or ten foot side walk. You are then looking at reducing the asphalt while keeping the vehicle traffic down. He suggested they may want to look at a compromise. Mr. Loeffler asked about maintenance. Mr. Higgins responded it would be the Homeowner's Association. Mr. Loche stated they would do so. He suggested the adults will still use the roadway. He stated they would like to put a wider sidewalk in but that will be at an additional expense.bCommissioner Johnson stated that he believes Mr. Stone's compromise is certainly acceptable 10 04-14-1999 and the only way they can make a recommendation for the variance, would be propose an alternative. Mr. Loche stated what they proposed is a sidewalk that would accommodate the children. He stated ifthey get into delays, it may happen next year. He doesn't even know ifthey can make a September deadline. Commissioner Stone suggested Mr. Loche seems to have an all or nothing attitude and he would appreciate him giving the alternatives additional consideration. Mr. Loche stated he really doesn't have an attitude but they have spent six months working on this and knowing they have been willing to wait for this meeting has already been costly. Chairman Phillips asked if the Homeowner's association has any plan on paying for part of this expense. Ms. Meyers stated they have not because the Metro District had proposed the project. Commissioner Johnson suggested before the final action is taken they can work on the actual wording of #3. Mr. Loeffler questioned ifthey are contemplating a passing of this with a new cross section. He doesn't know if the applicant would even want that. Chairman Phillips stated they would still need to read the findings. Mr. Loeffler stated they may want to approve the variance with a time condition as they might decide to do nothing but then come back in six years to make the improvements. Commissioner Stone stated he doesn't believe a five foot wide cross section is wide enough to be workable. He doesn't know what the width would be. Mr. Loche stated they looked at making the path wider but five feet was something they could do in a monolithic pour. He suggested putting the curb and gutter in and then at a later date adding an eight foot path would be something they could handle. Commissioner Johnson asked if they can get that done by September. -. Peter Sulmeisters, Engineering Department, stated he contacted their Engineer and he hasn't heard back. Mr. Loche stated they would do a concrete curb and gutter and later on do a wider asphalt path. Mr. Higgins stated give or take another week, he won't get the contractor back. He stated if the curb and gutter is there by September, he'll pave to it. Chairman Phillips asked if Mr. Roussos has a concern. Mr. Roussos stated it would be a variance to the regulations and they really don't know the specifics. It may be worth taking a week to review with their Engineer to see the actual proposal. Commissioner Johnson stated he doesn't have a problem with that and didn't pull the nine feet out ofthe air. He suggested if you take a six inch strip you end up with four and a half feet on each side which allows for people to pass each other. He suggested the adults will continue to bike the road. It gives a good separation. Commissioner Johnson moved to table file number VIS-0002, Homestead Drive Variance from Improvements Standards, to the June 21, 1999 meeting at which time the Engineering information will be brought forward and shared with Mr. Higgins for scheduling of his crew. Commissioner Stone seconded the motion. The vote was declared unanimous. There being no further busine June 21, 1999. be brought before the Board the meeting was adjourned until Attest: Clerk to the Bo 11 04-14-1999