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HomeMy WebLinkAboutMinutes 03/20/2000 PUBLIC HEARING MARCH 20, 2000 Present: Tom Stone Johnnette Phillips Michael Gallagher James R. Fritze Jack Ingstad 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 Calendar Chairman Stone stated the first item before the Board was the consent agenda as follows: A) Approval of bill paying for week of March 20,2000, subject to review by County Administrator B) Approval of payroll for March 23,2000, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioners meeting for February 28,2000 D) Agreement for auctioneer services with Jac Laman, dba/Laman Auction's for the County Auction to be held on April 8, 2000 E) Agreement between Eagle County and the Upper Eagle Regional Water Authority for construction of water lines under the East Edwards Trail Project F) Resolution 2000-043 notifying the State Treasurer to distribute Federal Mineral Leasing Funds in accord with the provisions of34-63-102, C.R.S. Bob Loeffler, Deputy County Attorney, stated item E should be held until after the Board has made a decision of item 5E. He stated item E is the Intergovernmental Agreement with the water authority which assumes an award of the contract. Commissioner Phillips stated she had corrections to the minutes. On the minutes of February 28th on page 4 it says Commissioner Stone spoke to an areal photograph. Areal should be spelled aerial. On page 6 under (a) it states this final plat conforms of the approval. Ofthe should be removed. On page 8, 20 lines from the top, it reads Commissioner Phillips suggested they would not have to take this back. She stated we need to add the words the plat rather than the word this. Commissioner Phillips moved to approve the consent agenda as presented with the changes to the minutes as stated and holding item E to be voted on after 5E. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Chairman Stone clarified that item E from the Consent agenda will be taken up with item 5. Plat & Resolution Signing Matt Gennett, Planner, presented the following plats and resolutions for the Board's consideration: Resolution 2000-044.1041-0025. A Resolution to Approve A Permit to Construct a Major Extension of Existin2: Domestic Water and Sewage Treatment Systems. and Efficient Utilization of Municipal and Industrial Water Systems. The Board of County Commissioners originally heard and approved the permit amendment application on March 13th, 2000. I 03-20-2000 Commissioner Gallagher moved to approve Resolution 2000-044, file number 1041-0025, a resolution to approve a permit to construct a major extension of existing domestic water and sewage treatment systems, and the efficient utilization of municipal and industrial water systems. Commissioner Phillips seconded the motion. The vote was declared unanimous. Resolution 2000-045, Amendment, Eagle County Weed Management Plan Paul Schreiner, Weed & Pest Department, presented an amendment to the Eagle County Weed Management Plan which was discussed in the work session last week. Commissioner Gallagher asked if there are illustrations available to further distinguish the noxious from the non-noxious weeds. Paul Schreiner stated he can provide detailed illustrations and descriptions. Commissioner Phillips moved to approve Resolution 2000-045 the amendment to the Eagle County Weed Management Plan. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Bid Award, Bogue Construction Brad Higgins, Road & Bridge Director, presented a bid award for the 2000 Gravel Haul Contract. He requested the Board accept the request from Harry's Heavy Haulers to withdraw their bid and consider acceptance of the bid from Bogue Construction. He stated if the bid is accepted the Board would then need to approve the contract to Bogue Construction and authorize the Chairman to sign said contract. Commissioner Gallagher moved to accept the request from Harry's Heavy Haulers to withdraw their bid, accept the bid and award the contract for the 2000 Gravel Haul to Bogue Construction. The Chairman shall be authorized to sign said contract. Commissioner Phillips seconded the motion. The vote was declared unanimous. Resolution 2000-046, Service Plan, Two Rivers Metropolitan District Jim Collins, Attorney representing Two Rivers Metropolitan District, presented Resolution 2000- 046, extension of approval of the Service Plan for Two Rivers Metropolitan District. He stated when the Commissioners heard the Service Plan there was a suggested deadline to which they are asking an extension. He stated he has spoken briefly with Jim Fritze, County Attorney, and they believe that under the circumstances of this particular approval, it does allow the extension. Mr. Fritze stated after the Board's approval, the Court approved formation ofthis district with the same conditions as the Commissioners. This is not something that happens often but here the condition did not say that the approval would be or shall be rescinded, but that it can be. The Board has not rescinded its approval nor has it extended the previous approval. The question is I) whether the Board can and 2) whether the Board wants to. What they are saying is as best they know the Board can extend this. Commissioner Phillips asked if this will have to go back to District Court. Mr. Collins stated he will file something to cover that base. Mr. Fritze stated with the condition the Board adopted in the 1998 plan, it should be adopted. Mr. Collins stated the developer in his optimism believes it can be done by December of this year. Commissioner Gallagher asked about exhibit A, paragraph 1, general liability insurance requirement in the flood control measures. He is assuming that means they are protecting themselves from liability during construction. Or are they talking about insurance to cover things if there is a flood? 2 03-20-2000 Liability insurance does not do that. Mr. Loeffler suggested it didn't really relate to damage of the homes or the business behind them, but the damage of a break in the dike or something like that. Mr. Collins stated it was more that the County is allowing the dike and the Metropolitan District would take care of it properly. Mr. Gallagher spoke to the national flood insurance that would be required to cover everything that got wet. Mr. Collins suggested it is only covering the negligence of the owner of the dam. He stated it could be argued if the District doesn't maintain the appropriate liability and something goes wrong, they would have the liability. Commissioner Phillips moved to approve Resolution 2000-046, extension of approval of the Service Plan for Two Rivers Metropolitan District. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Deed, Upper Eagle Regional Water Authority Jim Fritze, County Attorney, stated the next item on the agenda was to authorize the Chairman to execute the deed to Upper Eagle Regional Water Authority. He stated when the Board purchased Berry Creek Fifth Filing, they assumed a contractual obligation. There has been some time devoted to drafting the appropriate deed, staying within the terms of the agreement entered by the Recreation Authority. Jim Collins stated the Water Authority is specifically in agreement with the terms. Jim McIlvain and Dennis Gelvin, representing Upper Eagle Regional Water Authority, were both present and gave their approval. Mr. Fritze stated the proposed motion authorizes the Chairman to sign the other appropriate documents associated with the transfer of the deed. Commissioner Gallagher moved to authorize the Chairman to execute the deed to Upper Eagle Regional Water Authority and other appropriate documents as may be necessary. Commissioner Phillips seconded the motion. The vote was declared unanimous. Chairman Stone thanked them for their efforts. Bid Protest, East Edwards Trail Project Bob Loeffler stated the next item on the agenda was a bid protest and bid award for construction of the East Edwards Trail Project. He stated the trail happens to go through Berry Creek Fifth Filing. This was bid by our trails folks who had been working with the water authority as they have two water lines that will cross the trail. There was a cooperative effort to combine this into one bid. It was proposed in that fashion and the award material set forth. He stated the result was Meldor Construction was the low bidder on the basic trail bid, but the low bidder on the overall project including trail construction and installation of the water pipelines was an outfit by the name of Searl Construction. He stated Timothy Whitsitt, attorney representing Meldor Construction, was present and has filed a protest. Chairman Stone asked if anyone else was present to speak to this. Lynn Schorr, with Eagle River Water & Sanitation District, stated she has the agreement between Eagle County and Eagle River Water & Sanitation District, concerning this project. Chairman Stone stated they will take that up after this. Timothy Whitsitt, of Whitsitt and Gross stated he is representing Meldor Construction and his client Mr. Bacheldor. He stated they contacted Mr. Loeffler about this protest. He stated they do feel this is a matter of importance and concern both to Meldor Construction and to Eagle County. He stated it deals with the security and fairness of the bids. He stated as the contracting authority, the Board needs to be concerned with overall fairness. He suggested if this is not an even handed process, it may affect 3 03-20-2000 future bids to get the work of the County taken care of. He doesn't think there are issues that are seriously in debate. He stated the packet went out with a pre-bid proposal included a base bid for the project and three alternates. He stated there were specific instructions given to the bidders on more than one occasion, that the contract will be awarded to the low bidder on the base contract only. Chairman Stone asked if the instructions were verbal or in writing. Mr. Whitsitt stated he understood those were verbal instructions by the contracting officer. He stated that seemed to conform with what was happening at the time. There was also a request to take alternate bids for the water district. He stated at that time there was no contract for the authority. He stated what they were looking at was a base bid for the trails. He stated his client expected the bid to be awarded on the base bid only. He stated on February 22nd there was an announcement they were awarding the bid to Meldor Construction. On March 5th they may have come to terms with the district and what followed was a letter to Meldor indicating the bid was going to Searl Construction based on the bid and the alternatives. He stated alternate bids had not been a requirement. He stated it is a muddled situation which calls into question what is going on with the bid process. He stated there is supporting information in the written instructions showing the bid bonds are based on base bids only. He stated if they award the bid to Searl Construction, they could take the bid which is higher and could back out on the alternatives. There are no bid bonds for the alternatives. He believes the County has some exposure as there is no bid security on the alternates. He stated they didn't know there was a contracting authority of the County. He stated through the bid process and through the award, he stated it is somewhat unusual to have the award of this contract based on a bid for another entity. Norm Bacheldor, president of Meldor Construction, stated they work in the Eagle River Valley extensively with Vail, Eagle, Gypsum, Beaver Creek, Avon and Dotsero. They are involved in the Valley. He stated he doesn't want to be taken wrong but he does want to bring up the contracting entity of the trails department has so far conducted three bids. The first being the Lake Creek Bridge installation, west of Edwards. The second is the trial from Lake Creek to the Highway 6 stop light. The third being this project. He stated Meldor Construction was the low bidder on the Lake Creek Bridge project and on this project. He spoke to the area withdrawn and was later rebid. He stated he is not ascribing foul play but there are contracting irregularities. Meldor Construction has been the low bidder on two of the three bids but are not going to be awarded either of the two bids. Chairman Stone asked for questions or comments. He asked for Mr. Loeffler's response to the bid lacking the alternatives. Mr. Loeffler stated he will accept what Mr. Whitsitt had to say and he is assuming that Mr. Bacheldor is submitting a contract for the alternatives or the bid bond doesn't matter. He stated the point is an academic one. He stated Mr. Fritze noted that Ms. Caryl is in Buton and Ms. Black is in Arizona. He stated Ms. Caryl has prepared a memorandum which describes the bid opening and that is in the Board's materials. He stated Mr. Bacheldor's comments are consistent with the trails bids. He has been a bidder on some of the items, the first being the bids all being way over the engineer's estimate. In the rebid process he lost out. He stated there was an attempt to cooperate with the water authority believing they could work better jointly than separately. Chairman Stone asked about their legal options with awarding the bid. Mr. Loeffler stated there are three choices. First of all, Meldor Construction is the low bid on the base bid. Everyone agrees the comment concerning low bidder on the base bid was made in the pre-bid conference. The contract could be awarded to Meldor Construction. Searl was low bid overall on the trails and the water portion. That was the intention in the bidding process and the award could be issued to Searl. He stated the Board could conclude the bid process was not everything you would like to see in a bid process, reject all the bids and start over. He stated part of this has to do with the installation ofthe bridge. Dennis Gelvin, General Manager of Upper Eagle Regional Water Authority, stated his understanding is the events are not in disagreement. The notion of alternative bid presentation is not 4 03-20-2000 unusual. When the actual bids were tallied the difference was in the range of $70,000. He stated when that was determined in light of the comments shared, they did not feel they should spend and additional $70,000. He stated they could separate the portions of the contracts but they would loose the benefit of the low price. He stated they may be reluctant to have two different bidders. Mr. Loeffler stated when Searl bid the trials work and the water work as alternatives, they should reasonably be able to expect they would be part of the base work and not have to mobilize for two different projects. He doesn't believe they are obligated to enter into work solely for the Authority. Mr. Gelvin stated there is no question that a single contractor is the best alternative. They will contact Searl. He stated they had an obligation to get the best possible value. Mr. Whitsitt spoke to the addendum #2 and the bid bond portion of the project. He suggested it may be problematic at this time. He stated from his clients perspective having two contractors in the same area at the same time, he would be amenable to working the base bid while Searl does the alternatives. Commissioner Gallagher stated in the requests for proposal it states that nothing is binding but that which is in writing. He stated at the same time, Ellie Caryl is a marvelous planner and an exceptional person in her role, but does not know if she has had any specific training in this kind of process. He stated he apologizes for the County for the misinformation that may have been provided but does not see it as being anything more than a mistake. He stated they need to make the effort to assure these mistakes do not happen in the future. Chairman Stone stated nobody disagrees that the bid process was flawed and the statements made by Ms. Caryl were inaccurate and unfortunate. This was an effort and an attempt to keep the cost down. He thinks that Mr. Loeffler suggested three alternatives and Mr. Gelvin a fourth. He would like to suggest an amendment to the fourth alternative, awarding the base bid to Meldor Construction having acted in good faith and speaking with Searl Construction to see if they will do the water line work. It was a misunderstanding supported by Ms. Caryl's statement. He stated while they met no harm, and trying to have two governments work together, they were looking at economizing. He suggested they make awarding the bid to Meldor Construction contingent on the water authority working out the water line proposal with Searl Construction. Otherwise the bid will be awarded to Searl Commissioner Gallagher asked if they could have a time limit during which they must decide what they are going to do. Mr. Loeffler stated there is no legal reason why they can't do what is proposed by Mr. Whitsitt. Mr. Whitsitt stated Searl Construction, faced with those alternatives will have an easy time in saying they don't want to do it. Commissioner Phillips suggested it will reduce their sum. She stated this is unfortunate that it has taken place. She suggested this is really a first time. If it will work she would like to see a compromise, but doesn't believe it will work. She apologizes as well but thinks they should move on with Searl Construction. Chairman Stone asked if they run into problems, can they ask Meldor Construction if they would be willing to negotiate the bids. Mr. Whitsitt stated they do understand what they are trying to do and Meldor Construction would appreciate them giving it a shot. Mr. Bacheldor stated the difference will be a mobilization fee as the water project takes place in a small area. He stated it is normal for projects to happen simultaneously in the same right of way. Chairman Stone stated he would like them to give it a try with the water district seeing what they can do. He stated he is trying not to harm the water authority. Commissioner Gallagher moved there to be an effort made to split the contract into base bids and alternatives and that the lowest bidder resubmit within 48 hours. Absent that agreement he moves the Board approve the bid award to Searl Construction for the East Edwards Trail Project. Commissioner Phillips seconded the motion. The vote was declared unanimous. 5 03-20-2000 Chairman Stone asked they stay in contact with the Water Authority. Mr. Loeffler spoke to the agreement between Eagle County and the Upper Eagle Regional Water Authority for construction of water lines under the East Edwards Trail Project stating that IGA is set up under the assumption that Searl Construction was awarded the contract. He stated perhaps they can approve it with authorization for the Chairman to sign if in fact the deal goes to Searl Construction or to amend the agreement to reflect the successful bidder or bidders. Jim Collins stated they recognize if the contract is able to be split the $6000 to the County will be taken out but the other provisions are in agreement. They will accept that kind of contingency. Mr. Loeffler suggested ifthey agree with the IGA they would authorize the Chairman to sign if Searl Construction gets the whole job. If not, they authorize the Chairman to sign the IGA with the exclusion ofthe payment provision referred to by Mr. Collins. Commissioner Gallagher moved to authorize the Chairman to sign the contract if Searl Construction is chosen as the successful bidder on the project. If not, this item will come before the Board a week from today. Commissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Phillips moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Liquor License Consent Agenda Earlene Roach, Liquor Inspector, presented the Liquor License Consent Agenda as follows: A) Alsant, LLC, dba/Eagle Vail Cafe, renewal of a hotel & restaurant license located in Eagle-Vail B) Kensington Management Corporation, dba/Lodge at Cordillera, located in Cordillera, managers registration for Mic Warner. C) GEMSA Corporation, dba/Cordillera Golf Club, renewal of a hotel & restaurant license with optional premises, located at Cordillera. Ms. Roach stated all documents are in order and all fees have been paid. Mr. Warner has been a manager at Cordillera at the Timberhearth Grill. Chairman Stone noted the changes in the agenda for the record. Commissioner Gallagher asked ifMic Warner was a continuing manager. Ms. Roach explained he had been at the Cordillera Golf Course and they are switching him to the Lodge. She explained the golf course is the optional premise. Commissioner Gallagher moved to approve the Liquor License Consent Agenda consisting of items A, B, and C. Commissioner Phillips seconded the motion. The vote was declared unanimous. Cordillera Golf Club Earlene Roach presented a registration for James Lay for GEMSA Corporation, dba/Cordillera Golf Club. She stated this application is in order and all fees have been paid. Mr. Lay is reported to be of good moral character. Staff recommended approval. James Lay, manager was presented for the hearing. He stated he was on the liquor license at Michael's Americans Bistro. He is TIPS certified as is his staff. Commissioner Phillips moved to approve the managers registration for James Lay, GEMSA Corporation, dba/Cordillera Golf Club. Commissioner Gallagher seconded the motion. The vote was declared unanimous. 6 03-20-2000 The Chaparral Earlene Roach presented a managers registration for Bart Sigler, CVC Management, LLC, dba/The Chaparral. She stated this application is in order and all fees have been paid. The Sheriff's Office reports Mr. Sigler to be of good moral character. Staff recommended approval. Bart Sigler, Manager was present for the hearing. Mr. Sigler stated he has not had his name on a liquor license but has previous bar management experience. Chairman Stone asked about his familiarity with the liquor code. Mr. Sigler stated he has a liquor code book on order but is not as familiar as he should be. Commissioner Gallagher suggested he become more familiar. Mr. Sigler stated he will. Commissioner Gallagher moved to approve the managers registration for Bart Sigler, CVC Management, LLC, dba/The Chaparral. Commissioner Phillips seconded the motion. The vote was declared unanimous. Chairman Stone stated the Board and Ms. Roach do take their responsibilities with the liquor code seriously. Taste of Vail, Inc. Earlene Roach presented a special events permit application for Taste of Vail, Inc. She stated the applicant is requesting a permit for April 7, 200 from 7:00 a.m. to 6:00 p.m. This is an annual event. The reason for the early start is to get the alcohol to the site and set up. This application is in order and all fees have been paid. Staff recommended approval. Kate Lewis, applicant, was present for the hearing. Commissioner Phillips asked about the event. Ms. Lewis stated it is a charity event for charities in Eagle County. The Mountain Top picnic is April 7 with will actually run from 12:30 to 3:00. They build a snow castle with security patrolling the area. Commissioner Phillips asked about signs. Ms. Lewis explained. She stated there is really only one public entrance. Commissioner Gallagher asked who is serving the wine. Ms. Lewis stated it is the wine makers themselves. Commissioner Gallagher suggested the maps are unreadable and asked for a better copy next year. Chairman Stone asked how long Ms. Lewis has been involved. Ms. Lewis stated since 1997. Commissioner Gallagher moved to approve the special events permit for Taste of Vail, Inc., for April 7, 2000 from 7:00 a.m. to 6:00 p.m. Commissioner Phillips seconded the motion. The vote was declared unanimous. Beaver Creek Resort Company Earlene Roach presented an application for a special events permit for Beaver Creek Resort Company. She stated the dates being requested are April 15 & 23, 2000 from 3:00 p.m. to 6:00 p.m., June 24, 2000 from 10:00 a.m. to 6:00 p.m., June 25, 2000 from 10:00 a.m. to 5:00 p.m., July 22, 2000 from 10:00 a.m. to 6:00 p.m. and July 23, 2000 from 10:00 a.m. to 5:00 p.m. She stated this application is in order and all fees have been paid. Staff recommended approval. Mike Kloser, applicant, was present for the hearing. Commissioner Gallagher asked what this is all about. 7 03-20-2000 Mr. Kloser stated there are a number of events with the first being an event held by Beaver Creek Resort attended by Alice Radio out of Denver. The next event is the end ofthe season spring party on Beaver Creek Plaza. The other two events are two day events where they will hold special events. Commissioner Phillips asked about control of the premise. Mr. Kloser spoke to the confined area in the plaza center with Beaver Creek Security manning the area. The other two are throughout the plaza with the resort company controlling the public. Commissioner Gallagher asked how many are in the security department. Tim Ott, Beaver Creek Security stated they have 100 people but not all will be present. They have signed access/egress sights with two people at each point. Commissioner Gallagher asked who will be serving at the events. Mr. Kloser stated they will be contracting with two outfits that are TIPS trained. Ms. Roach stated they are more often servers from licensed operations. Commissioner Gallagher questioned doing more than one application for a special event. Ms. Roach stated it can be ten different days. Commissioner Phillips moved to approve a special events permit for Beaver Creek Resort Company for April 15 & 23, 2000 from 3:00 p.m. to 6:00 p.m., June 24,2000 from 10:00 a.m. to 6:00 p.m., June 25, 2000 from 10:00 a.m. to 5:00 p.m., July 22, 2000 from 10:00 a.m. to 6:00 p.m. and July 23,2000 from 10:00 a.m. to 5:00 p.m. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Eagle's Nest Restaurant Earlene Roach presented a managers registration for Eric Pottorff and a modification of premises for Vail Food Services, Inc., dba/Eagle's Nest Restaurant. She stated the applicant proposes to delete a portion of their optional premises known as Black Forest Grill. Both applications are in order and all fees have been paid. There have been no complaints or disturbances during the past year and Mr. Pottorff is reported to be of good moral character. Staff recommended approval of both applications. Carrie O'Neil, representing Vail Food Services, Inc., was present for the hearing. Mr. Pottorff was not able to be present for the hearing. She asked if they could continue that portion for the hearing. Ms. O'Neill stated Eric was the manager of Golden Peak and the Rec Room below. He has been on the Town of Vail's liquor license. Chairman Stone asked how long Mr. Pottorff has been in the liquor business, ifhe is TIPS trained and will his staff be TIPS trained. Ms. O'Neill stated Eric has been with Vail Resorts for fourteen years, all of their employees are TIPS trained, he has worked at many locations on Vail Mountain. She stated she will ensure there is a liquor code book on site. Chairman Stone asked if Ms. Roach is okay with this. She stated she is. Chairman Stone asked about the change in premises. Ms. O'Neill stated they are deleting the optional premise from Eagle's Nest and adding it onto the license at Mid-Vail. She stated John Bailey was present for the hearing. She stated this location has not been opened much this season. Commissioner Gallagher asked about the liquor licenses premise. Ms. O'Neil stated it is an outside eating area with no changes in its layout. Commissioner Gallagher moved to approve the managers registration for Eric Pottorff, Vail Food Services, Inc., dba/Eagle's Nest Restaurant the modification of premises for Vail Food Services, Inc., dba/Eagle's Nest Restaurant. Commissioner Phillips seconded the motion. The vote was declared unanimous. 8 03-20-2000 Mid-Vail Restaurant Earlene Roach presented a modification of premises for Vail Food Services, Inc., dba/Mid-Vail Restaurant. She stated the applicant proposes to attach the area know as Black Forest Grill to this establishment. This application is in order and all fees have been paid. Staff recommended approval. Carrie O'Neil was present for the hearing. Commissioner Phillips moved to approve the modification of premises for Vail Food Services, Inc., dba/Mid Vail Restaurant. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Commissioner Gallagher moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Phillips seconded the motion. The vote was declared unanimous. PDS-00018, Adams Rib, Frost Creek Chairman Stone introduced this file saying at the last meeting they did close public comment. The purpose of the tabling was for the Board to deliberate. He asked if Mr. Montag had anything to present. Keith Montag, Director of Community Development, stated he did not. Commissioner Gallagher stated it has been his privilege to read the documentation to come up to speed with the other Commissioners. He stated he needs to understand things about the riparian area. He understands the applicant stating they have avoided those areas but finds there are numerous times where they have not. Chairman Stone spoke to the differences between riparian and wetlands. Commissioner Gallagher continued by speaking to the riparian map and the fact they are not avoiding some areas. Terrill Knight, Knight Planning, stated the wetlands are a regulated area where avoidance is regulated by the federal government. Riparian is not regulated but it is suggested they avoid it which they have done. He stated that trees are not riparian. They have avoided to the maximum extent. There are some areas where they are close, but by managing the building envelopes he believes they can be minimized. He suggested when they get into more detail they can look at that further. Mr. Fritze referred to the definition of riparian area in the master plans. Charlie Wick, Adams Rib, spoke to the mapping of an area where there may be areas within a mapped segment. He stated they have been very conscious of that. There are three golf course holes that cross the riparian. There are no trees on those three holes effected. He stated on hole #6 they are going down a valley between two big rows of cottonwoods. Commissioner Gallagher stated he counted nineteen building envelopes with riparian areas within those envelopes. Fred Kummer, applicant, stated they have no building sites that encroach in the riparian areas. Commissioner Gallagher stated it was on Adams Rib own map that the building sites were shown to be in the riparian areas. Commissioner Gallagher spoke to the two different maps concerning wildlife habitat, one by their expert and one by the County's expert. He stated he is inclined to believe the County's expert. He has some concerns with their environmental impact report. They show the total area of sensitive habitat in acres. He asked if the same pieces of ground are where they are. He asked if those preserved are where they are right now. Mr. Knight responded they are. Commissioner Gallagher spoke to housing and stated in reading the sketch plan submitted in the 9 03-20-2000 fall, in the employee housing plan, section 7, the applicant appears to want others to take care of the housing by listing those applicants building housing to take care of the housing demands. He spoke to the fifteen optional accessory units which mayor may not house employees. He spoke to the supplemental of January 5th and the letter to David Carter, in their self-imposed transfer fee with a portion going to housing, they were estimating the annual yield to the County would be $230,000. In the same notebook, the property referred to as the Bluffs, single family duplex and triplex, with that revenue the County would be able to house 1.125 families per year or 1.18 families in a duplex or 1.28 families in a triplex per year, which does not come close to dealing with what was anticipated earlier, which was 39. He suggested the 39 employees or the 20% would not be handled by this. He referred to the comments about the density in section 8 and it being compatible with other surrounding uses. Mr. Knight stated their lots are not ten acres. He stated they have a golf course for recreation and open space in the project. They feel they improve the character of the neighborhood by meeting visual and design control standards. It is not a matter of math as much as character. He stated it does start to cluster the development and leave the large open spaces. Chairman Stone asked if that was a comment on employee housing. Mr. Knight stated they feel they have met the standards for meeting the employee housing on site. One of the off site areas is not in the County and not under the County's jurisdiction. He stated on balance, they believe they meet their employee needs particularly with the 1 % transfer fee. That could go to supplement rents. Chairman Stone asked where they are in the Bluffs project. Randy Cloid, representing the applicant, stated they are in preliminary plan process with the Town of Eagle. Mr. Wick stated if the .8 of 1 % were all applied, they would want .2 to go for wildlife. He stated if they just use the .8 for housing it would be greater than .4 for housing and .4 for recreation. Commissioner Phillips stated they have all sat here before and talked about these questions. She suggested she would like to summarize her time in looking at this application. She stated she recognizes growth as being inevitable in this County. She has always liked the idea of one developer. If it is denied, Mr. Kummer may not bring in just one plan. She believes that this is as good a plan as probably anyone else will bring. She doesn't want the locals to pay for the infrastructure of any development, those should be provided. There are a lot of questions that came into this discussion which is the reason the Planning Commission and staff felt this application should be denied. Everyone has agreed the acquisition of land for the state park is positive, but questions this not being in concert with that plan. They have encouraged the Town of Eagle to allow this within their boundaries. She questioned another developer having a chance to get it approved. She stated the major issues now are the conformance to the Master Plan. She stated she believes it is in conformance having dropped the previously approved resort. She thinks this plan is a plus for the Town of Eagle as well. In looking at this and the Master Plan, there has been approval of the Cordillera development and Eagle Ranch. She stated the density does go out to that area. She spoke to the water and the question with it being too far out. She stated the Eagle Area Plan indicated this application is not within the town center. She stated another item that bothers her is that the Eagle Area Community Plan is not a three mile plan but a seventeen mile plan. She stated there are water questions. Conceptually they have asked the Town to provide water and she believes it would be the best plan. The developer does have an augmentation plan as an alternative. She questioned the lots in the wetlands but believes the Corps of Engineers have not identified those lots. In her mind, density was a question. She handed out a map she modified submitting it as part of the record. She stated what she has circled is her suggestion which is to remove the 24 lots, answering the concerns with the riparian area and the wildlife corridor. She stated she would like to see the sixteen units in the middle removed allowing for a pocket park. She stated removing those lots and inserting 15 accessory units, would leave 260 units, employee housing could also be some of the Mill Park units. Mr. Kummer stated he would like to respond to Commissioner Phillips, ifthat is the project she 10 03-20-2000 would like to build, he would like it rejected. He stated it takes the pasture land they have and all the character out of the project. It is not the project that is going to happen. Chairman Stone stated it will be Mr. Kummer's choice to proceed or not. He stated the sites that are located on the top portion of the map, he would like to see that area improved for wildlife purposes with the addition of planting of shrubbery or trees. He stated it is largely pasture land and it could actually be improved for wildlife along Frost Creek. He noted in the discussion earlier regarding wetlands vs. riparian areas, they have preserved the areas well. Placing utilities will disturb the stream. He commended them on the set back of 75 feet on Brush Creek. He stated between Brush Creek and the stream not to have building is good planning. One of the difficulties they have with the review of just this one piece of property, it is less efficient when talking about what is going to happen to wildlife. He stated it is unfortunate they weren't able to work out an agreement with the Town. Mr. Kummer stated they are in the process of and planning on submitting the preliminary plan on the Ranch property to the Board within the next four weeks. They would like to have done what was suggested. He stated they would have bear proof receptacles. He stated they talk about affordability but yet reduce the number of units by 10 to 15%. That just raises the price. These units are very unique. He stated those particular lots would be the premium lots. He stated they have dealt with all of those in a very careful way. He spoke to lots at some of the developments to the east. He stated it is truly irrelevant to take a vote. He stated if those can't be built the project can't be done. Chairman Stone stated the first planning file that he heard was on a project in Edwards and the applicant chose to argue they needed the density they proposed to make the homes affordable. He stated he really doesn't care if its affordable or not. In their case, they couldn't afford to buy the property if they couldn't sell the units for more. He stated they haven't yet made the decision. He stated economics, when they are considering what is best for Eagle County, do playa part of it. It is apparent our economy is construction and development driven at this point. He stated their challenge is to provide a balance in approving well planned and viable developments. Mr. Kummer suggested he does not want this project to be voted on as shown on the marked map. He stated ifthere has to be some further consideration, he'll bring Dr. Crocket back. He stated they had a comprehensive plan from one end to the other. They want to implement that plan. Chairman Stone stated but they are only looking at one piece of the plan. He asked to come back to wildlife mitigation measures. He spoke to the bridges. He shared what Vail Resorts did in Blue Sky in spanning the creeks without disturbing them. He stated those must all be clear span bridges which are of very little impact. Privacy fences are another issue and he would like them to work with the DOW. At preliminary plan that needs to be remembered. He stated in regards to wildlife in the riparian corridor, it would be nice to have a seamless transition from the golf course to the corridors, improving the natural vegetation. He stated there has been a lot of concern and discussion of the best management practices of golf courses. He stated this has to do with golf courses and the winter road maintenance. He spoke to the magnesium chloride vs. sand. He stated they would need to know what will be the management practices in these two areas, including pesticides, fertilizers, etc. He stated all this has to do with education and the effects they have on wildlife. He would expect them to develop a good educational program to go along with efforts they would make in protecting the environment. He mentioned an environmentally friendly organization. Commissioner Gallagher spoke to the DOW referral map and another 24 units that are also in habitat areas. Commissioner Phillips suggested that she was doing that as a compromise. She stated she took those into consideration but was only reducing the density by half. Chairman Stone suggested it was said in the Planning Commission meeting that the applicant was offering seven home sites they could remove. Mr. Knight stated at the upper end of Prost Creek they agreed to take a look at it but had not committed to removing any lots. 11 03-20-2000 Chairman Stone stated it is page 2 of 7 on the yellow rewrite. Mr. Knight stated that is a staff document and they do not agree with that conclusion. Mr. Montag stated during the course ofthe discussions there was some thinking that lots along the western edge as well as along Frost Creek could be eliminated. He stated there was never any representation by the applicant to do that. Chairman Stone stated in taking the general theme of this, and what he was saying earlier, that looking at this property and all the property, it is easier to spread out the impacts over the whole valley. He stated they are in a particular situation where the Board must look at this specific application. He stated he tends to agree with Commissioner Phillips up Frost Creek but the nature of the enclave homes, he believes can be put back in. He sees what Commissioner Phillips is trying to do for a pocket park but he would not be opposed to leaving them in. Mr. Kummer stated they had an agreement with Bill Heicher's superior that dealt with all of these issues when this went before the Town. This is the plan that went to the Town of Eagle. He believes the Town was rightfully criticized by the Planning Commission. He stated if it suits them, they will be back in four weeks requesting the service the water in that area. He doesn't know if the Town will agree to that. He stated they can go behind a charade, but this is the best they can do as a comprehensive plan. He stated if the County wants to engage the two plans he doesn't have any problem with that. They are moving on to preliminary plan shortly. This is the plan, this is the plan that was submitted and worked on with Mr. Fritze. There is a difference in terms of economics in terms of this project and the Ranch with it being at a lower price point. They must work out the unique sites. He stated Dr. Crocket can be available. They have worked with the wildlife folks and think they have a comprehensive plan. The project won't work otherwise. Commissioner Phillips recognized this was the plan they took to the Town of Eagle and though everyone has agreed it is a good plan, it has been denied by both the Town of Eagle and the Planning Commission of Eagle County. She suggested they may need to compromise. She stated she will agree with the enclave of units. She has spent a lot of time looking at this. She stated she is trying to figure out why this very good plan keeps getting denied. She stated that would give them 291 units including the 15 accessory units that would be used for mother-in-law or employee housing. If those are not included it would be 276. Mr. Kummer respectfully requested that the Board vote on the project as it was submitted. He stated these lots are the crem de la crem of making this work. He stated they are at a much more modest price point than those in the upper valley. These have to be handled with great sensitivity. Mr. Kummer spoke to Solomon and the proposed solution being compromise. He stated they have worked very closely with all of the parties and with Dr. Crocket. He stated this was agreed upon in the comprehensive way. He stated Bill Heicher indicated it all made sense when it was all together. He stated once its too big and the next time its fragmented. This is the plan that was agreed to with the Forest Service. Chairman Stone stated Commissioner Phillips reminded them this plan was denied by the Town of Eagle. Mr. Kummer responded yes it was denied. Chairman Stone asked why, according to Mr. Kummer, was the comprehensive plan denied. Mr. Kummer stated there were a number of conditions the Town found unacceptable to them. He wanted vested rights at the golf course site as he was committing the entirety of the property. He stated they went back and forth with a number of swaps and he felt it had gotten confused. He thinks the Town believed he should have committed Salt Creek to no development. He stated he couldn't do the big park and Salt Creek both. Chairman Stone spoke to the start of construction and that now being a mute point as they didn't want the construction started until this year. The other was the dedication of East/West Brush Creek to a public entity and that has passed. He suggested if they were able to take care of the vested rights to the 12 03-20-2000 golf course and the Salt Creek issue, those were the bigger concerns. Mr. Kummer stated the plan they have on the Ranch property was 241 additional sites above what was submitted to the County. Mr. Kummer stated he can live with the reduction of the 241 units. Commissioner Stone stated the discussion of wildlife concerns was not a major issue as it looked like they were coming close to a final agreement. He suggested he would be willing to continue this for another meeting to allow the applicant to bring Dr. Crocket back and show this application associated with the other properties and how the master plan for wildlife mitigation was going to be addressed. That was Commissioner Phillips main concern and that of a number of other agencies. He stated he does believe that Mr. Kummer is interested in proceeding with the Ranch property first. Commissioner Phillips stated she is willing to allow for a tabling. Mr. Kummer stated he is happy to get Dr. Crocket back. Chairman Stone asked him to do so with an appropriate wildlife mitigation plan. Commissioner Gallagher stated if at one time they were close to an agreement on the wildlife plan, he would like to hear that. He suggested if it is going to be part of this plan it should be part of the preliminary plan for the Ranch project. Boots Ferguson, representing the applicant, stated they will be glad to submit it as long as it is consistent with the approval they do have. Commissioner Gallagher asked if it is necessary. Mr. Ferguson stated they would have it reviewed by Dr. Crocket and have it reviewed by the DOW. One of the key components was the 1800 acres that have gone to the State. Commissioner Gallagher asked if they have DOW comments on the whole thing. Mr. Montag stated they have them from the Ranch project and they can get copies from the Town. He suggested they should ask the DOW to be present for hearing. Commissioner Phillips stated she would like to be convinced by Dr. Crocket that the lots the applicant is saying are imperative to this project will not adversely effect the wildlife corridor. Mr. Fritze stated if they reopen the hearing to take testimony from Dr. Crocket on wildlife issues, they will have to reopen the hearing to take evidence from others on the same issue. He stated the Board can limit testimony to wildlife issues only. Chairman Stone asked if that opens it up to anyone. Mr. Fritze stated to anyone who wants to talk about wildlife. He stated this can be continued to any day and must then be advertised. Chairman Stone asked if next Monday would work. He stated the following Monday is pretty well booked. It would either be the 27th ofthis month or the 10th of April. Mr. Kummer asked if that is okay with them. Chairman Stone stated they will place them on the agenda as the last item beginning at about 4:00. Commissioner Phillips moved to table file number PDS-OOO 18, Adams Rib, Frost Creek, to Monday, March 27,2000 at 4:00 p.m. at the applicant's request to hear additional testimony regarding the wildlife concerns. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Chairman Stone asked they get the plan from the Town of Eagle on the full presentation. Attest. Clerk to the 13 03-20-2000