HomeMy WebLinkAboutMinutes 04/24/2000
PUBLIC HEARING
APRIL 24, 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 Agenda
Chairman Stone stated the first item on the agenda was the Consent Agenda as follows:
A) Approval of bill paying for week of April 24, 2000, subject to review by County
Administrator
B) Approval of the minutes of the Board of County Commissioners meeting for April 10,
2000
C) Resolution adopting a third supplementary budget and appropriation of unanticipated
revenues for fiscal year 2000, and authorizing the transfer of budgeted and appropriated moneys between
various spending agencies
D) Resolution 2000-059 concerning appointments to the Eagle County Fairboard
E) Resolution 2000-060 approving the amendment to the bylaws of the Eagle County
Fairboard
F) Nextel Phase 1, E-9-1-1 Service Agreement
G) Submission of revised Early Head Start budget for the current program year and
approval of second year grant application.
Bob Loeffler, Deputy County Attorney, stated item C, the budget supplemental should not be
dealt with on the consent agenda but dealt with as a separate item.
Kathleen Forinash, Director of Health & Human Services, stated item G should be revised to as
2nd Year Grant Application for Head Start.
Commissioner Gallagher moved to approve the consent calendar as presented pulling item C and
changing item G to the 2nd Year Grant Application for Head Start.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Chairman Stone asked to speak to item C, Resolution adopting a third supplementary budget.
Terry Lowell, Finance Director, was not present at this time so the Board continued with the plat
and resolution signing.
Plat & Resolution Signing
Matt Gennett, Planner, presented the following plats and resolutions for the Board's
consideration:
AFP-00087. Cordillera Subdivision. Filin~ No. 10. He stated this was an Amended
Final Plat, the purpose of which is to vacate an existing lot line and relocate it a in manner that increases
the acreage of Lot 7. He read the findings as follows:
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Pursuant to Section 1-052 of the Cordillera PUD Guide, the following criteria was used for
review of this final plat:
a) It IS consistent with the established goals of Cordillera and supports the states intent of the
planning parcel
b) This final plat DOES NOT negatively impact adjacent land uses or the ability to implement
the provision of the PUD Guide
c) It DOES accommodate anticipated changes in the resort industry.
Commissioner Phillips moved to approve final plat file number AFP-00087, Cordillera
Subdivision, Filing No. 10, incorporating staff findings and authorize the Chairman to sign said plat.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
AFP-00088. Bachelor Gulch Villa~e Filin~ No.3. Tracts A-I and K-M. A Re-
subdivision of Tracts A-I. K and M. He stated the intent of this Amended Final Plat is to reconfigure
the lot lines Tract A-I and Tract K as allowed by the Arrowhead at Vail PUD Guide. He read staff
findings as follows:
Pursuant to Section 5-290.G.2 of the Eagle County Land Use Regulations, the Community
Development Director has made the following findings:
a. The Amended Final Plat DOES NOT adversely affect adjacent property owners.
b. The Amended Final Plat IS consistent with the intent of the Final Plat.
c. The Amended Final Plat DOES conform to the Final Plat requirements and other applicable
regulations, policies and guidelines.
d. An Improvements Agreement IS NOT applicable.
e. This amendment IS NOT an alteration of a restrictive plat note.
Commissioner Gallagher moved to approve final plat file number AFP-00088, Bachelor Gulch
Village, Filing No.3, Tracts A-I and K-M, resubdivision of Tracts A-I, K and M, incorporating staff
findings and authorize the Chairman to sign the same.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
5MB-00218. Whiskey Hill. ARe-subdivision of Lot 30. He stated the intent of this
Minor Type B Subdivision is to re-subdivide Lot 30 to create two (2) Y2 duplex lots, Lot 30A and Lot
30B, as well as a new access easement as shown on the plat. He read staff 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.
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 Phillips moved to approve final plat file number 5MB-00218, Whiskey Hill, a
resubdivision of Lot 30, incorporating staff findings and authorize the Chairman to sign the plat.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
5MB-00231. Homestead Filin~ No.2. ARe-subdivision of Lot 13. Block 16. He
stated the intent of this Minor Type B Subdivision is to re-subdivide Lot 13 in order to create two (2) Y2
duplex lots, 13A and 13B. He read staff findings as follows:
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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.
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 Phillips moved to approve final plat file number 5MB-00231, Homestead Filing
No.2, resubdivision of Lot 13, Block 16, incorporating staff findings and authorize the Chairman to sign
the same.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
Resolution 2000-061, Adopting a Third Supplemental Budget
Terry Lowell presented Resolution 2000-061, Adopting a Third Supplementary Budget and
Appropriation of Unanticipated Revenues for Fiscal Year 2000 and Authorizing the Transfer of
Budgeted and Appropriated Moneys Between Various Spending Agencies. He stated they received
several requests and identified several expenditures that did not occur in 1999. The Board has a list of
those and the appropriations that go with them.
Commissioner Phillips spoke to the unanticipated expenses and those not being new.
Mr. Lowell stated that is correct and there are others such as FEMA which are unanticipated.
Chairman Stone asked about the carry forwards and stated they don't have a concern with the
unanticipated revenue. He asked where there may not be the funds to do so.
Mr. Lowell stated in Social Services fund, the Child Welfare, Corps Services and General
Assistance require some County funds. He related those funds are requiring approximately $20,000
worth of expenditures so there is about $5,000 ofthe fund balance of the Social Services Fund being
used for those programs if the additional state funding is used.
Chairman Stone asked if that money is already in the Social Service fund.
Mr. Lowell stated it is.
Commissioner Gallagher asked about the error message.
Mr. Lowell stated the appropriation covers the expenditure but the formula in the program did
not account for it.
Commissioner Gallagher asked if they in fact have the monies available.
Mr. Lowell stated they do.
Chairman Stone asked for additional comments.
Commissioner Gallagher moved to approved Resolution 2000-061 Adopting a Third
Supplementary Budget and Appropriation of Unanticipated Revenues for Fiscal Year 2000 and
Authorizing the Transfer of Budgeted and Appropriated Moneys Between Various Spending Agencies.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Cops and Community Policing Grant
A. J. Johnson, Eagle County Sheriff, presented the Cops and Community Policing Grant. He
explained the grant to the Board stating they applied for this last year but some of the paperwork did not
get back to Cops. He stated this is actually the same grant application from March of 1999. He stated
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they were not notified until it came up for review. This is actually an application to reapply for the very
same grant. He spoke to the five positions lost last year and that this grant allows them to retain those
employees if they receive this grant. He stated on page six there is a breakdown of the federal share and
the County share. He stated this is not allocated in his budget at this time as it was taken out at the
beginning of the year for budget purposes. He stated this does not guarantee that they will get the grant.
Chairman Stone stated they normally approve the application with the anticipation of accepting
it.
Commissioner Gallagher questioned the total shown.
Sheriff Johnson stated for five officers over a three year period it would cost the County
approximately $71,824.00 and the grant would cover approximately $119, 706.
Chairman Stone spoke to some previous grants that did not require those officers to continue to
be employed.
Sheriff Johnson stated all new grants require continued employment for at least a year. He stated
he lost five employees last year and will loose another five this year. He stated he is at a point if he
keeps losing personnel he will have to shut down services. He stated he is tired of losing people to other
locations. He stated there is no buffer with constant turn over.
Chairman Stone stated the other departments are experiencing this as well.
Sheriff Johnson stated his operation is 24 hours per day, 7 days per week. He thinks this grant is
needed for the County. He stated he believes this is important to do as the money is out there.
Chairman Stone thinks the question is much bigger and what can they will do to retain people.
He commended Sheriff Johnson on what he does and would appreciate some suggestions on what the
County could do to retain employees. He asked that there be a work session to discuss the issues.
Sheriff Johnson stated there is a lot of federal money out there and you can go after it, but the
management of the programs is important. With losing these, he is starting to go down and is feeling the
pressure. He thinks this is a beneficial grant for the County and he is not sure when it will be approved.
Chairman Stone stated he is not apologizing for asking the questions as he does that of all
applicants for grant money.
Commissioner Gallagher asked if there will be a gap between the expiration of the existing grant
and the approval of this one.
Sheriff Johnson stated he expects there will be. They have asked for an extension but doesn't
know that it will arrive in time.
Commissioner Gallagher asked if there is a gap that he let them know what they can do to be of
assistance.
Commissioner Phillips moved to approve the Cops and Community Policing Grant as presented.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
Change Order #1, Granite Construction
Jim Elwood, Airport Manager, presented Change Order #1 to the Agreement between Granite
Construction and Eagle County for runway rehabilitation work at the Eagle County Regional Airport.
He stated they got an exceptional bid from Granite originally and now have come forward with some
additional items that could most efficiently be completed at this time. He stated the good news will be
that they will not have to be back on the runway for another ten years. This will pave shoulders for the
runway link and move runway lights, adding a perimeter road for on airport type vehicles as currently the
equipment crosses the runway, adding the asphalt will make it a twelve month project. He stated
initially they were putting in centerline lighting, this change order allows that for the full 8000 feet.
Additionally they will do the lighting which can be upgraded with minimal impact. They were originally
not going to pave the western section but this will allow that for the length of the runway. It does
involve the entitlement funds. He stated it does not include an engineering change but at some point he
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will come back with an amendment.
Commissioner Gallagher spoke to the four inch asphalt of the circumference road and if that will
be enough.
Mr. Elwood explained that it will.
Commissioner Gallagher moved to approve Change Order #1 to the Agreement between Granite
Construction and Eagle County for runway rehabilitation work at the Eagle County Regional Airport.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Chairman Stone asked about the start of the project.
Mr. Elwood explained they got started right after the last flight of American Airlines though
there was some confusion with the flight.
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) Pocantico Pizza, dba/Blue Moose Cafe
Renewal of a hotel & restaurant license, located in Beaver Creek.
Commissioner Gallagher moved to approve the Liquor License Consent Agenda as presented.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Coyote Cafe
Earlene Roach presented a renewal of a hotel and restaurant license for Diamond Five, Ltd.,
dba/Coyote Cafe. She stated the Board instructed staff to bring this applicant back this year due to the
complaints and disturbances at the last renewal hearing. There have been no new complaints or
disturbances during the past year. This application is in order and staff recommended approval.
Jeff Forbes, applicant, was present for the hearing.
Commissioner Gallagher asked if Ms. Roach checks with Beaver Creek Security.
Ms. Roach stated it is her understanding that Beaver Creek Security files their reports with the
Sheriffs office and those were the ones originally brought to her attention.
Commissioner Phillips moved to approve the renewal of a hotel and restaurant license for
Diamond Five, Ltd., dba/Coyote Cafe.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
Eagle County Government
Earlene Roach presented a special events permit for Eagle County Government for May 6, 2000,
from noon to midnight. She stated this is the benefit for the 2000 Eagle County Fair. This application is
in order and all fees have been paid. Staff recommended approval. She stated there are two serving
areas being the exhibit hall and the barn.
Commissioner Phillips asked if Vail Associates will be providing servers.
Ms. Roach stated this is not the fair.
Chairman Stone asked about security ofthe perimeter areas.
Laurie Asmussen, event manager, and Dick Kesler, president of the Fairboard, were present for
the hearing. She stated as a result of concerns from last year that security will be paid and available
during the duration of the event.
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Mr. Kesler explained the parking will be east of the barns. He explained the event will be a
ranch rodeo.
Commissioner Gallagher stated to his understanding there will be two entrances.
Mr. Kesler answered yes.
Commissioner Gallagher asked about TIPS training.
Ms. Asmussen stated they are working to make sure their bartenders with be TIPS trained.
Commissioner Phillips asked about the rodeo.
Mr. Kesler explained the rodeo.
Chairman Stone asked about advertising.
Mr. Kesler stated they are advertising on KSKI.
Ms. Asmussen explained the advertising and what they are doing.
Commissioner Gallagher moved to approve the special events permit for Eagle County
Government for May 6, 2000 from noon to midnight.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
Blue Creek Grill
Earlene Roach presented a modification of premises for Fabulous Foods, Inc., dba/Blue Creek
Grill. She stated the applicant proposes to add an additional seating area that will seat about 20
individuals. This matter was tabled from April 10th because the applicant was not present at that time.
Staff had not notified the applicant of the hearing. This application is in order and all fees have been
paid. Staff recommended approval.
Chris Sapp, applicant, was present for the hearing.
Commissioner Phillips asked where the Crawfords moved to.
Mr. Sapp stated to the old post office building.
Commissioner Gallagher asked if there is adequate parking for the increased seating.
Mr. Sapp responded yes.
Commissioner Phillips moved to approve the modification of premises for Fabulous Foods, Inc.,
dba/Blue Creek Grill.
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-00016, Ute Creek at Wolcott
Chairman Stone explained there my be a need to interrupt this file for the Earth Day Poster
Contest.
Terrill Knight, Knight Planning, reviewed prior meetings for the Board. He stated they did get
through the physical presentation and presentation by the Chateau folks. He stated Rick Thompson is
present today as the wildlife consultant. Mr. Knight stated Chris Jouflas, owner of the development, will
lead the group today. Bill Efty is also present should there be reason for him to speak today.
Mr. Jouflas, introduced his wife Connie, daughter Denise, son Peter and niece Jan. He stated his
father bought the land in 1926 using it mostly for ranching and sheep. He stated he has seen sheep
ranching diminish over the years being replaced by the resort community. At the turn of the century
Wolcott was a major transportation center. In 1889 it was named Wolcott after Senator Edward O.
Wolcott, who lobbied successfully to establish a Post Office in the community. The Denver and Rio
Grand Railroad laid tracks in 1887 and became one of the largest shipping points in the western United
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States. Large stock yards were built there and up Highway 131. At its peak Wolcott was a thriving
community. Mr. Jouflas stated he participated with the Wolcott Master Plan two years ago. Their desire
was to have it become a community with central water and sewer service supporting the surrounding
areas. Page 12 of the plan indicates requests for zone changes for higher density should be with done as
a PUD which is what they are proposing. He spoke to the Wolcott reservoir and the opportunity for the
County. The land in the Wolcott center is too expensive and you can't wait on affordable housing. He
stated that must be planned for early in the development. Chateau Communities knows how to develop
affordable housing. He stated they are impressed with the company and have visited their developments
in Colorado and in Maryland. This allows for a better quality home. They were not notified ofthe
development of the Landfill but the efficient use has proved to make it feasible for this development to
happen. He stated it is five miles to Edwards, ten miles to Avon, etc and ten miles to Eagle and 17 miles
to Gypsum. He has lived here all of his life and this allows for affordable housing that all can be proud
of. He is afraid if there is too much hesitation this project will not happen. He hopes they will consider
it favorably.
Jeff Kellogg, Chateau Homes, spoke to the conversation with the Planning Commission over
several days. He spoke to the land lease communities and the advantages. He stated they own and
maintain the land, road, utility systems, clubhouse recreation facilities and landscaping. Residents own
their own home and lease the land from Chateau. This allows for affordability and allows the
homeowners to own the home. They come up with 10% down payment on the home. The land lease
provides for affordable housing. The lease payment provides for the land, foundation, sidewalks, etc.,
no monthly homeowner association fee, no real property taxes. They provide the customer with
guaranteed renewal for the lifetime of the lessee, all utilities are individually metered, annual lease
adjustment limited to a maximum of 5% or Consumer Price Index for Denver/Boulder area.
Chairman Stone spoke to the slide shown the last time which said 5% or the CPI whichever was
greater.
Mr. Kellogg stated that is correct but that was not their intent. He stated this is a change from
what it said.
Commissioner Gallagher asked if it is then Denver/Boulder CPI or 5% whichever is less.
Mr. Kellogg stated they can go with either. He stated they are providing over eight miles of
roadways, recreation, swimming pool and spa, utility systems, maintenance of the facility, capital costs
to repair and replace the roads and lines. They also provide pool attendants, custodial staff, office
managers, on site caretaker and a maintenance staff of three to four people. He showed some affordable
housing comparisons using the Aspen Mobile Home Community and Eagle River Mobile Home
Community. He showed apartment home rental comparisons using River Run, Lake Creek and Eagle
Bend. He showed a comparison with Eagle Bend and the Ute Creek #2 and the comparison of three
bedroom two bath units. He showed Gypsum Estates and Ute Creek # 1 and a comparison between the
two. He then showed the consumer spendable income analysis between rent, house payment, wages and
spendable income. He stated their actual increase ends up being closer to a 2% increase over time.
Jim Fritze, County Attorney, stated there have been a bunch of things shown and asked if they
will be provided for the record.
Mr. Knight stated they will submit hard copies on each of the slides presented.
Commissioner Gallagher asked on the last slide if they were computing an annual pay increase of
5%.
Mr. Kellogg stated that is correct.
Rick Thompson, Wildlife Consultant, stated the report he prepared and submitted, the Board has
copies of. There were two oversights regarding sage grouse which he will correct. He stated the
significant issues are the impacts of big game and sage grouse. He showed the copy of the Counties
wildlife map. He stated the area is overlapped by four critical elk ranges and the whole property is
critical winter area. He showed the mile and one half wide area in the PUD of migration route. He
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04-24-2000
stated they have avoided jeopardizing the function value and the buffer between. They have minimized
the migration corridor but there would still be a corridor a mile wide down by the river. He stated in
respect to impacts of winter range there would be a net loss of 700 some acres and a loss with the
development of the golf course. He stated the indirect impacts will be the native sage brush which will
become difficult for use and there will be additional losses of habitat where deer and elk will need a
buffer zone. He stated there will be additional impacts of displacing these animals on to public and
private lands. He stated they can anticipate some road mortality along Highway 131 and 1-70. He stated
they need to be concerned about the expansion of the Landfill and the Wolcott reservoir. Those are the
significant impacts and they have developed a draft wildlife mitigation plan that will off set many of the
impacts. Those would be consistent with the Wildlife Master Plan. Sage grouse is the second group that
will be effected. He showed the area on the Counties Wildlife Map. He stated the PUD is the best and
largest habitat for sage grouse. He stated there is a low number of grouse that winter on the property.
He stated the brood areas are limited. He stated those are problems that occur with sage grouse and are
not unique to this property. It is an important component to the sage grouse habitat. He stated the
mitigation plan is a no net loss policy which is an approach endorsed by the Division of Wildlife. He
stated it is a draft plan and a lot of the specifics are within the plan.
Chairman Stone asked about Commissioner Gallagher's request for more information on
wildlife.
Commissioner Gallagher spoke to the day trips on 1-70 and Highway 131 and this proposal of
1300 more. He asked how that will impact the migration.
Mr. Thompson stated in areas where they have a big increase in vehicles on the road, the instinct
for the deer is to cross. Most will cross and many will make it. He stated they have projected a certain
number of increased vehicles on the road though they haven't calculated the number.
Mr. Knight stated virtually all lands north of 1-70 west are in critical habitat. He stated either the
entire property won't be developed or they will do a development that will take into account clustering.
They will work on ways to minimize the effects and there are many techniques they will use to do that.
He stated it has been suggested they open up the west end of the golf course, making passage more
available. They are committed to a no net loss concept so as not to diminish the net effect on wildlife.
Chairman Stone quoted staff in saying "the no net loss concept doesn't work".
Ms. Garren stated that is from the Planning Commission. She stated that Bill Andree, Division
of Wildlife, is not present today and that is regretful but his son had an accident.
Chairman Stone stated they will now take a break for the awards to the children.
Earth Day Poster Contest
Ray Merry, Environmental Health Officer, stated the next item on the agenda is the awards for
the 2000 Earth Day Poster. He stated this is a fun time of year for them and an opportunity for them to
do something fun. He stated 1990 was the first annual poster contest and that environmental changes are
a result of the philosophy of youth. He stated there will be cookies following the ceremony. He thanked
his wonderful staff, Laura Faucett, Janet Cole and Heather Savlox. He stated they have gone to the
schools to speak with students as well. He mentioned the sponsors and read their names as follows:
Bleacher's Sports Bar & Grill $60.00 gift certificate, dinner for 4
S & M Petroleum Products 2 large pizzas, 2 six packs of pop
Norwest Bank $50.00
Nancy & Joe Busch Framing for winning poster
4 Eagle Ranch $50.00
B & B Excavating $50.00
Johnson, Kunkel & Associates $25.00
Gallegos Corporation $100.00
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Cascade Theatre Group 10 free movie tickets
Vail Resorts 2- 2 day adult lift passes
Gore Range Brewery 2- $10.00 gift certificates
Kensington Partners $100.00
Eagle County Administration 10 personal size CD cases
Mesa County Env. Health 6 drinking mugs
U.S. Forest Service Balloons, stickers, etc.
Mr. Merry turned the presentation over to Chairman Stone starting with Avon Elementary School
and starting with honorable mention to 1 st place as follows:
Avon Elementary School
Jessica Nichols
Laura Ordino
Tony Seibert
I van Borunda
Kerstin Leary
Basalt Elementary School
Harry Maniloff
Andrew Overstreet
Kelsey Appell McCullar
Amy Brumet
Hailey Guglielmo
Edwards Elementary School
Tori Wilmoth
Charlie Tedstrom
Molly Allard
Graham Bultemeier
Polly Babcock
Gypsum Elementary School
Billy Nelson
Kyle Lundberg
Catie Eaton
Tandra Thompson
Mike Lockett
Vail Mountain School
Rebekah Janes
Sara Stookey
Alexandra Slifer
Alexandra Navas
Leni Zneimer
Overall WinDers
Jackson Dowell
Molly Goodman
Daniel Quezada
Andy Mayer
Honorable mention
Honorable mention
3rd place
2nd place
1 st place
Honorable mention
Honorable mention
3rd place
2nd place
1 st place
Honorable mention
Honorable mention
3rd place
2nd place
1 st place
Honorable mention
Honorable mention
3rd place
2nd place
1 st place
Honorable mention
Honorable mention
3rd place
2nd place
1 st place
3rd place
2nd place
1 st place
Grand Prize
Fire Chiefs Meeting with Commissioners
The meeting continued with the Fire Chiefs of Eagle County present to speak to the Board of
County Commissioners regarding fires issues coming forward this year.
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04-24-2000
Dave Vroman, Chief of the Gypsum Fire District stated they service about 124 square miles of
western Eagle County and parts of Garfield County.
John Goulic, Fire Chief for Town of Vail, stated they cover from the top of Vail Pass to Dowd
Junction. He stated he is here to talk to them about the new era of cooperation in the fire service. He
stated they help their neighbors under the mutual aid agreement. He stated it has been agreed upon by all
of them. He stated they have a written mutual aid agreement and a regional aid agreement that consists
11 surrounding counties and 23 fire districts.
Charles Moore, Fire Chief for the Town of Avon, stated they hope to reach a new milestone with
the May 2 election and the combined district. He spoke to the unicorporated areas in Eagle County and
the formation of the new Eagle River Fire Protection District. He stated they are looking forward to
having that established. He spoke to the regional group being formed out of the regional plan in Eagle
County. He spoke to the Two Elks fire and the call to surrounding counties for assistance. He stated
this is the only agreement in Colorado that has a scope of mutual aid that broad.
Sean Gallagher, Fire Chief for Town of Minturn spoke to their coverage of Minturn and the
passable roads on Highway 24. He stated they also serve Red Cliff. He spoke to the grant they received
for another paid position. He stated they are here today to show their solidarity to solve the issues for the
whole County.
John Asper, Greater Eagle Fire Protection District, stated they are very excited about this
agreement and working with other chiefs. He stated they encompass 196 square miles.
Tom Kelly, District Manager for Western Eagle County Ambulance District, representing his
division and the district to the east. He stated they cover about 665 square miles in western Eagle
County. He stated Eagle County Abulance will be building another district in Dowd Junction.
Dave Vroman stated it appears as though there will be a significant fire issues in 2000. He stated
they have an annual operating plan and an IGA with Eagle County. He stated they hope to be proactive
in their approach.
Charlie Moore spoke to southern California and the fires there in the past. Even though they are
coming together, there will be circumstances where cooperation will not be the saving grace. They
would like to propose an enhancement in Eagle County to support the urban interface. He spoke to the
large homes being built and the water supply to deal with fires that large. Construction materials is
another issue. They have learned items such as wood shingles are probably not the best choice and
would like to see the good choices considered. Clear areas around homes is another issue. They would
like the opportunity to bring these and other issues to staff to work more closely together to protect all
from fires.
Dave Vroman stated they take a unified approach and their desire is to have a committment from
the Board to strengthen that commitment.
John Goulic spoke to the fires that originate on private land but move to state and BLM lands.
He stated they have seen a large impact on the personnel that fight the fires. They are very concerned
about the summer coming and what they feel will be major incidents. He stated they only have a certain
amount of people that can fight fires. He stated the Colorado State Forest has been moved to Granby.
He reminded the Board volunteers can only do so much. He stated they want the Board to be concerned
about the summer season and that they will need the County's help.
Chairman Stone stated it is helpful to him to know where the County can be of help above and
beyond the water supply, construction materials, clearing including sage brush. He stated they should be
able to come to some sort of agreement and ask for referral responses. He asked if there are
recommendations or ideas they can look at endorsing or approving.
Mr. Vroman stated they have signed an IGA with the Sheriff and they would like to reiterate the
fact that agreement will allow them to handle these circumstances. He stated they would like to work
within the code and ensure the growth occurring outside of the municipalities be considered with fire
issues.
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Sheriff Johnson stated they have an IGA that is active as well as one with the State. He stated
one concern that the fire chiefs have not mentioned is that once a bill comes in that it be promptly paid.
He stated in the past it has been paid out of the emergency fund. It is important the County process is
such that bills are paid timely.
Commissioner Phillips thanked him for his input and agreed that is a goal for the County as well.
Commissioner Gallagher commended the fire chiefs and suggested they have come a long way.
He stated it is a good plan and regardless of the fire situation this year, this is a foundation that must be
supported. He agreed that additional codes must be considered. He asked if they have a particular code
or will they be needing to write one.
Mr. Vroman stated they have adopted the Uniform Fire Code and the Urban Interface Wildland
Code. They will be meeting tomorrow to begin this effort and will work through the process before
bringing it back to the County.
Commissioner Phillips thanked the fire chiefs as well and thanked them for their working
together. She stated she feels safe with the fire departments and thanked them for their efforts.
Chairman Stone thanked them and invited them back again when they are so moved. He stated
they will be more than happy to work with them.
PDS-00016 Ute Creek at Wolcott, cont.
Jan Jouflas was allowed to speak early. She read a statement that addressed the lack of
affordable housing. She stated regardless of the perks and benefit packages they are rarely able to keep
employees longer than a season as the long term aspect is pretty grim. She stated the Ute Creek project
offers an alternative and a solution that doesn't exist. She stated the cost ofland and the cost of building
are not going down. As an employer in Eagle County she asked the Board to consider making this
possible. This does offer an alternative that we don't now have.
Mr. Knight continued with his presentation. He commented on the fire chiefs and what they do.
He stated they are an excellent group to work with and he says the things they propose make sense. He
turned to the summary of Ute Creek at Wolcott. He stated it is the working man's Cordillera with a
public golf course, active recreation and trails. He stated Mr. Jouflas has wanted this from the start. The
Town of Avon has discussed working with them and they hope that cooperative effort moves forward.
This allows for cluster development at rural density with 1.79 units per acre, open space and public land,
exceptionally beautiful views with a variety of housing types. They have a central location with
convenient access to employment centers both east and west. They are outside of the 1-70 corridor
which is visually buffered. He stated they meet two of the top three affordable housing goals. He stated
they have met with Red Sky Ranch and reached mutual agreements. He stated this is a significant
affordable housing component by a nationally recognized leader in the field of manufactured home
communities. They are located in the Wolcott planning area and are rural density away from the center.
This does comply with the Wolcott Area Community Plan with lower density residential development
enhanced by open space and recreational amenities. There is a commitment to achieve the objective of
affordability. They are committed to work with Eagle County on design of development, change
minimum lot size from 4000 square feet to SOOO square feet, with a lower rent payment on 10% of lots
to $SOO per month assuring the very lowest end of ownership housing can be had on site. The offer is an
1100 square foot three bedroom two bath home for $SO,OOO adding a 20 foot front set back from the road
and increasing side set back by a 12 Y2 feet. He stated the concerns that they have heard voiced from
the County are the proximity to the Landfill. They have met with Ron Rasnic and believe the current
operation is very compatible with their proposed project. They are keeping their residential areas as far
away as possible. They are surrounded on three sides by public lands. The Landfill can be viewed from
the sight but the land in the manufactured housing area can be sheltered by the ride that exists.
Commissioner Phillips asked for a better explanation of where the houses will be.
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Mr. Knight showed the ridge and the location of the housing. He showed the ridge in a second
slide.
Commissioner Phillips asked if the storage yard will remain.
Mr. Knight stated the Jouflas family retains ownership of the land and they are proposing
restrictions on outside storage. He showed a slide taken along Ute Creek and the old Landfill that has
been reclaimed. He showed the storage yard and the residential area. He showed a pool near the
western property boundary which he showed on larger map. They have taken this into account and know
there are ways to adjust the plan to work on potential hazards from the sight. If those are modified to
stay behind the ridge there will be no problems. He suggested this is a mutual plan and not an either or.
They can accomplish compatibility. He stated the sights are reclaimed as appropriate and they see
compatibility with the Landfill. He stated they have summarized the comments they have received and
worked with the Planning Commission. He stated they propose one sight like a neighborhood grocery
store. Driving distance has been voiced as a concern. He stated they had several different directions
from the Planning Commission and in many cases they are conflicting. Manufactured housing is
supported. During the Planning Commission process they received the augmentation plan. The water
issue has been resolved. Their change in the plan to respect ridge line views should be noted. They did
meet the Highway Departments and Eagle County standards including the intersection on Highway 6.
They continue to be committed to work with Eagle County on all issues. He spoke to the Master Plan
and those issues being treated equally. He stated affordable housing needs to be accomplished. They
will go to preliminary plan and the 1041 application. They are working with the Eagle River Water and
Sanitation District for them to begin the planning and implementation in the Wolcott area. He stated this
is truly a regional operation. They will work with the District to design a regional facility. They provide
the basis and the cost. He believes they have met the road standards. The only questionable issue is cul-
du-sac lengths. He stated they are providing a school sight and a fire station sight. They will continue to
work with what makes the best sense for the fire districts. SO% of the property is open space. He
suggested if they have seen a better project that meets the stated goals or that better meets the needs of
the citizens he hopes those have been approved. This project has had very little opposition with a lot of
support. Public golf is a positive and they are required to meet their own costs in making this happen.
Commissioner Phillips asked for a layout of the whole PUD.
Mr. Knight referred to the larger map and then the plan that shows the building areas and the
roadways. He showed another map which depicts the property with the rest of the valley.
Mr. Knight referred to the lots as they appear on the slope. He showed the views from above the
road and below the road lots. He showed the layout of the plan with the forty lots of an acre each. Near
the golf course he showed the Y2 acre lots and then the 4 acre lots. He stated they don't have a final lot
layout.
Chairman Stone asked for public comment.
Denise Jouflas-Lipp, area resident, stated much of what they have heard is negative but referred
to the Denver news and the lack of affordable housing. She asked her husband what he thinks about it
and he said what construction worker doesn't want to own their own home within the valley. Her
husband circulated a petition that indicates that there is a need. This all happened in a couple of days.
She stated she was stopped at the Stop and Go by a friend who now has to have a roommate. She
handed in the petitions they circulated.
Tom Backhus, area resident, stated he and his wife own the 4 Eagle Ranch, and lease the
property on Cash Creek. He has a concern with the density and he questions the affordability and what
segment of the market this is directed to. He stated overall he supports the project and the level of
affordability in our community. This is a social and ethical responsibility. He stated his main concern is
the access into the property with people coming in and out of this project on a daily basis. He stated he
is really concerned with the access going in. He suggested it is three miles to the Muddy Creek Road up
Highway 131. He stated that road has some real challenges mixing the bikers, the trash trucks, the deer
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and more people. You are asking for problems. He stated forcing all those people through that route is
crazy. One of the problems is they are not in a commercial core though they ultimately will be. He
thinks the entrance is critical and can be found a mile from the core of the community. He stated the
.
people who are in Cordillera don't travel the road daily. He thinks the access is a real, real problem to
the project. He believes the access should be off the Interstate floor.
John Nichols, stated he is a realtor with no business connections to the Jouflas family or Chateau
and no reason to profit from this development. He stated he has lived here for 28 years and hopes to
continue to do so. He spoke to those that are missing from this meeting being those who are in such
high demand. He stated if we are not willing to compete with the rest of the Country they will go where
they are more welcome. He stated this is an option for housing by a private developer. He suggested
this is not Chateau's first rodeo. He referred to the negatives, the location, the distance, and the
highway. He stated these issues can be fixed. If the dump is an issue, Chateau will have considered this.
He spoke to the public golf course and the increase of the junior golf program. He suggested the Master
Plan must be flexible. He spoke to tele-commuting and the other changes our valley has experienced.
He spoke to the need for our County to compete for the hourly wage earner by having a wide range of
housing choices.
Mr. Nichols spoke for Richard DeClark, area resident, and his agreement with the statements
made by Mr. Nichols. He believes the ownership ofthe property is important and lease rates are for the
benefit of the developers only.
Chairman Stone closed public comment.
Commissioner Phillips questioned the conditions of approval being too numerous. She asked
Ms. Garren for the other side and what would change those conditions.
Ms. Garren stated staff has prepared a presentation that might answer some of those questions.
She stated this is a tough act to follow but she and Mr. Forinash are sensitive to affordable housing. She
stated this is not about Chateau Communities or manufactured homes. They appreciate Mr. Jouflas and
what they are trying to do. She stated her focus is on findings required by the Eagle County Land Use
Regulations. She stated the overall density at 1.72 is residential suburban, low density development
zoning. She stated the project is located in the Wolcott area and she showed the Ute Creek drainage.
She showed various slides with one being from Cash Creek Ridge towards 1-70. She stated the
regulations state the sketch plan shall comply with 13 PUD standards, 5 subdivision standards and others
as appropriate. She stated staff has found that approximately five others apply, the need for a PUD
Guide, physical impact analysis, commercial and industrial performance standards, school land
dedication fee and road impact fees. They have not received substantial changes since this was first
submitted in October of 1999. She spoke to the staff report and the 23 findings required in that staff can
find only six can be made. They do find the property is suitable for development. They have two
categories of findings where staff cannot find conformance. One is the standards where there is no
information, insufficient or flawed technical information or information submitted that fails to meet the
specific standards required for a sketch plan. Among those are uses and dimensional limitations. The
Board can authorize a variation at Preliminary Plan but the finding still needs to be made at sketch plan.
She continued to review those standards that have not been met, that faill under the second category
which is standards where there might be differences of opinion. Among these ae compatibility wiht
adjacent land uses and conformance to Master Plans. Ms. Garren stated the Forest Service, BLM and
Division of Wildlife have several concerns.
Ms. Garren stated the current asking prices in another affordable housing project are between
71 % to 80% higher than represented at its preliminary plan. They are not so concerned about first time
home buyers but for resale. From the information staff has regarding resales those who have had to sell
have taken economic loses. She stated the developer competes with the resale owners until build out.
This being outside the community center, it is an urban project. She stated this will be a town without
any services and none were proposed. She pointed out that public golf is a special use permit in a
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resource zone district. Ms. Garren stated she doesn't know where to begin with conditions. This is a
very difficult decision but staff can not support this project nor could the Planning Commission.
Chairman Stone stated he is a marathon man but will look at a tabling. He spoke to the
suggestions made to the applicant for improving the project.
Ms. Garren stated that is a comment from the Planning Commission and their concerns are
reflected in their comments.
Chairman Stone asked about the other options they would have for development.
Ms. Garren spoke to the SB 35 rights.
Chairman Stone asked for further suggestions if she believes it is suitable for development.
Ms. Garren stated she would have to take the comments from the DOW who say to switch the
location of the golf course. She stated less density overall and in the golf course area. She suggested the
sight plan needs to be redesigned that service only a few lots.
Chairman Stone asked for comments that don't pertain to wildlife.
Ms. Garren stated water availability, she spoke to the traffic impacts. She stated the DOW has
suggested animal underpasses. She stated there needs to be an overall plan for the Wolcott area for the
provisions of public services. She spoke to the letter of the adjacent property owner to the proposed site
proposed of the wastewater treatment. She stated there needs to be some provision of commercial
services. This is a town, bigger than the town of Eagle. She spoke to comparisons provided. Whether it
is appropriate given the Master Plan is another story. The whole issue of compatibility with adjacent
land uses and the Master Plan is important.
Chairman Stone stated they now need to figure out when they can visit this plan again. He stated
in order to give direction they have to review the findings they have to find compliance. He stated
something that disturbs him is the information that is just not there. He stated this is direction to prepare
them.
Commissioner Phillips stated there has been a lot of discussion on the access and that is
something that can be improved. Traffic turn lanes need to be considered. She thinks the amenities are
good with the elementary school site and fire station. She thinks it is appropriate for a lower income
housing development. She spoke to road improvements on Highway 131. She questions why they do
not want to sell the lots and sees that as a concern that she would like answered. She thinks they could
be more comfortable with that answered. She stated the density and the numbers there are of concern.
Chairman Stone stated they received a comment today on planning review comments from the
fire department. What it calls for is the concept of putting sprinklers in the homes which is something
Red Sky Ranch has agreed to adopt.
Mr. Knight stated he believes in them but it is a matter of dollars and cents.
Chairman Stone stated it is a matter of fire.
He asked the applicant to request a tabling.
Mr. Knight stated they would like to make this far enough off to be able to meet with the staff.
He suggested a month or so.
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Mr. Kellogg stated as long as the staffhas adequate time to meet with them they would
appreciate the appropriate amount of time being given.
Chairman Stone suggested May 30th.
Mr. Knight requested a tabling to May 30th.
Commissioner Phillips moved to table file number PDS-00016, Ute Creek at Wolcott, to May 30,
2000, at the applicants request.
Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared
unanimous. Commissioner Gallagher was not present at this time.
There being no further business to be brought before the Board the meeting was adjourned until
May 6, 2000.
~~/~
Chal an
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