HomeMy WebLinkAboutMinutes 05/15/2000
PUBLIC HEARING
MAY 15,2000
Present:
Tom Stone
Johnnette Phillips
Michael Gallagher
James R. Fritze
Jack Ingstad
Earlene Roach
Chairman
Commissioner
Commissioner
County Attorney
County Administrator
Deputy 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 before the Board was the Consent Agenda as follows:
A) Approval of bill paying for week of May 15,2000, subject to review by County
Administrator
B) Approval of payroll for May 18, 2000, subject to review by County Administrator
C) Approval of the minutes of the Board of County Commissioners meeting for May 1,
2000
D) Scheduled replacement of Unit #7070-18
E) Resolution 2000-069 amending the Property Tax Work Off Program for Seniors
F) Approval of the Grant Renewal Application to the Division of Criminal Justice for
Juvenile Wraparound Services for the 2000-2001 State Fiscal Year
G) Second Year Grant application for Retired and Senior Volunteer Program
H) Agreement regarding Provision of Professional Services for weed control
I) Resolution 2000-070, approval of Celebration in Honor of Older Americans Month.
Commissioner Gallagher questioned item H, professional services for weed control. He stated it
appears the County is offering to pay $46.00 per hour for someone to use the County vehicle and County
herbicides.
Tom Devereaux, Director of 4-H, stated the problem is the weeds have to be taken care of now,
therefore it has to be hired out. He stated they are looking for two new people, one for the weed and
pest coordinator and for an administration technician.
Jack Ingstad, County Administrator, stated the old director's departure was unfortunate and left
the County very vulnerable. The weeds must be taken care of immediately. If they are not taken care of
in May the weed battle for the year would be lost.
Mr. Devereaux stated two months of help will be of great benefit to the County and if the Board
does not want to keep this program going it would be fine to discontinue it after that period.
Chairman Stone questioned the old numbers on the tax work off program.
Kathleen Forinash, Director of Health & Human Services, stated the old rate was $5.35 per hour
which is now being raised to $9.00 per hour which is what the greeters at Wal Mart make. It will be for
up to 40 hours. She stated they have 10 seniors who are currently signed up. She stated her office sent
out a letter to all the seniors over the age of 60.
Commissioner Phillips spoke to corrections to the minutes, first page at the bottom, it stated "the
group had moved in without anyone knowing it and had the skate park, hockey rink active". She stated
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she believes it should read "the rink was active when discovered."
Commissioner Phillips moved to approve the Consent Agenda as presented excluding item C, the
Board of County Commissioner minutes.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
Commissioner Gallagher moved to approve the minutes of the Board of County Commissioners
for May 1, 2000, with the changes as noted.
Commissioner Phillips seconded the motion. Commissioners Phillips and Gallagher voting aye,
Chairman Stone abstained.
Plat & Resolution Signing
Matt Gennett, Planner, presented the following plats and resolutions for the Board's
consideration:
Resolution 2000-071. Denial of An Appeal By Two Rivers Villa~e Of A Staff Decision
Requirin~ It To Apply For Approval Of A PUD Preliminary Plan Amendment. He stated the Two
Rivers Development Company, Inc.(Applicant), has an approved Preliminary Plan for Two Rivers
Village PUD (File No. PDP-0008 / Resolution No. 98-137). On or about November 16th, 1999, the
Applicant submitted to B.C. Community Development two separate applications for final plats for
portions of the PUD (File Nos. PDF-00043 & PDF-00044). Based on the information submitted, the
Community Development Director made a preliminary decision that the final plat applications could not
conform to the approved preliminary plan, its associated PUD Guide, and certain conditions of
Resolution No. 98-137. At its hearing of April 17th, 2000, the Board upheld staffs decision and directed
Two Rivers to submit an application for an Amendment to its Preliminary Plan (PUD Amendment).
Commissioner Phillips moved to approve Resolution 2000-071, denial of an appeal by Two
Rivers Village of a staff decision requiring it to apply for approval of a PUD Preliminary Plan
Amendment.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
AFP-00078, Eagle-Vail Subdivision
Matt Gennett presented file number AFP-00078, Eagle-Vail Subdivision, Filing 2, Block 1, Lot
64. He stated this was an Amended Final Plat, the purpose of which is to vacate existing lot lines in
order to consolidate three parcels into one.
Mr. Gennett stated staff recommended approval and read the following findings for the record:
Pursuant to Section 5-290.G.2 of the Eagle County Land Use Regulations, the following
standards have been considered in the review of this Amended Final Plat:
Adjacent Property. The proposed amendment does not adversely affect adjacent property
owners.
Final Plat Consistency. The proposed amendment is not inconsistent with the intent of the
Final Plat.
Conformance with Final Plat Requirements. The proposed amendment conforms to the Final
Plat requirements and other applicable regulations, policies and guidelines.
Improvements Agreement. An improvements agreement is not applicable here.
Restrictive Plat Note Alteration. There is no alteration of a restrictive plat.
Commissioner Gallagher moved the Board approve File No. AFP-00078, Eagle-Vail
Subdivision, Filing 2, Block 1, Lot 64, incorporating staff findings and authorize the Chairman to sign
the plat.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
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Amendment to Improvements Agreement for Bachelor Gulch, Filing 2
George Roussos, Asst. County Administrator, presented an Amendment to the Improvements
Agreement for Bachelor Gulch, Filing 2. He stated the purpose is to extend the time frame for
completion of the bike path to April 30, 2001. He stated there were extensive engineering issues with
the construction of the path along Highway 6.
Bob Loeffler, Deputy County Attorney, stated the applicant did not finish in the appropriate time
frame and need the additional time to complete construction.
Mr. Roussos stated they have spent a lot of time resolving the engineering issues.
Commissioner Gallagher asked about the location, if it involved both Arrowhead and Bachelor
Gulch.
Mr. Loeffler stated the bike path goes along Highway 6 through what would conventionally be
called Arrowhead, on the North side ofthe Highway. He stated the entities of Arrowhead and Bachelor
Gulch are a combined PUD. He stated there is not an agreement in place concerning what length oftrail
they are responsible for.
Commissioner Gallagher asked if this agreement will assure there will be a bike path there or is
there going to be another extension request.
Mr. Loeffler stated the middle portion ofthe path will be constructed. The western side currently
has a bike path. The applicant does not believe they are responsible for construction on the eastern side.
This extension will allow them to stay in compliance and construct the middle portion while the eastern
portion is worked out.
Commissioner Phillips moved to approve the Amendment to the Subdivision and Off-site
Improvements Agreement for Bachelor Gulch, Filing 2
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
1041-0027, SSA-0006, Two Rivers Village
Ray Merry, Environmental Health Officer, presented file numbers 1041-0027 and SSA-0006,
Two Rivers Village 1041 Permit Amendment. He stated Two Rivers Village, a project which contains
approximately 174 acres, lies both north and south ofInterstate 70 and west and north of the Colorado
River at Dotsero. The applicant is seeking to amend the previously approved 1041 permit for a major
new domestic water and sewage treatment system located at Two Rivers Village in Dotsero. This
amendment request consists of the following items:
Resize the previously approved 500,000 gallon tank to 350,000 gallons.
Add the school site to the service district
Add a lift station to service the school site
Relocate the previously approved lift station 1700 feet east of the treatment plant to avoid
excessive system depth to the sewer main.
Adjust land use potential of commercial/residential units, though permitting the same
number of previously approved taps.
Up size the wastewater treatment plant from 150,000 gallons per day to 200,000 gallons per
day.
Mr. Merry stated while all of these items can be adjusted through the Eagle County 1041 permit
amendment process, the wastewater treatment plant up sizing, relocation of the main lift station, and the
additional lift station will all require an additional State Site Approval (attached to the 1041 application).
Therefore, the action on the State Site Application will require a separate motion. Additionally, the land
use adjustments regarding commercial and residential uses must be approved through a new Preliminary
Plan submission.
The water system will consist of five wells, located north and south of Interstate 70, and just west
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of Lake No.1. The wells will be connected to a main water line, which will pump to the 500,000 gallon
storage tank located north of Interstate 70 and west of the Colorado River Road. There will be an
alternate supply line placed in Lake No.1 to augment the wells.
The wastewater treatment system will largely be a gravity collection system, with two lift
stations( one in the village, and one at the school site) and several thousand feet of forced main.
Treatment capacity continues to be for 150,000 gallons per day (GPD), though the application is
proposing sizing the plant capacity for 200,000 GPD, and treated effluent water will be released directly
to the Colorado River.
Additionally, motions will be needed for the accompanying State Site Approval applications (one
for the school site lift station, and the other for the main lift station relocation, and another for the up
sizing of the wastewater treatment plant). The Colorado Department of Public Health and Environment,
Water Quality Control Division, allows 60 days for local review and comment on the State Site
Approval Applications. The nature of the comments are to be strictly related to the proposal's impact on
water quality. Both the Board of County Commissioners and the regional Water Quality Planning
Agency(NWCCOG) have a sign-off block available on this application. All three site applications are
attached to the permit in appendices Q, R, and S.
Mr. Merry reviewed the referral responses as follows:
County Engineer: No comments on the application as proposed. (Comments attached)
Gypsum Fire Protection District: Dave Vroman of the GFPD has several concerns regarding
the resizing of the water tank at this site, particularly as they relate to providing adequate fire flow
storage. Overall, he recommends requiring a 500,000 gallon tank with no reduction in size. (Comments
attached)
Northwest Colorado Council of Governments: NWCCOG has two concerns regarding this
amendment request. The first has to do with the location of the proposed lift station. The second has to
do with wastewater treatment on the portion of the development located on the north side of Highway 6.
(Comments attached)
Colorado Division of Wildlife: Measures must be taken to insure that there is no possibility of
the non-native fish species located in the ponds reaching the Colorado river, especially during the
construction phase of the wastewater treatment facility and during the operation of the facility. Also,
please consider the most recent comments concerning the Two Rivers Village 1041 from the Division of
Wildlife to still be valid. (Comments attached)
Colorado Dept. Of Public Health: (Verbal) Jim Chubrillo of the Steamboat Springs office of
the Colorado Department of Public Health and Environment (CDPHE) spoke at length with staff
regarding the apparent request to upsize the treatment plant. According to Jim, no such request was
made by the CDPHE, however, they did indicate to the applicant's engineer (RTW) that the State
considers this facility to be a regional one, and therefore, it should have enough design 'room' to be
expandable in the future. There is no current State approval for the 200,000 gallons per day wastewater
treatment plant, and another State Site Approval will be necessary for this up sizing.
In either case, Staff is generally comfortable with the amendments as proposed. The increased sizing of
the plant is inconsequential and may allow some 'wiggle' room should nearby property owners need to
connect to the system at some future date. Also, the lift station at the school site is in an acceptable
location, and so long as it is properly serviced and maintained, should not pose a threat to any of the
sensitive water resources in the area.
Mr. Merry stated staff recommends approval with the following conditions:
1) The five single family lots shall be serviced with sanitary sewer and tied into the sewer system
where Stephens Drive intersects with the Colorado River Road.
2) A contingency plan for the lift stations proposed shall be submitted to Eagle County in
conjunction with building permit submittal addressing maintenance schedule, alarming and emergency
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power backup, noise, and odor control.
3) The Colorado Division of Wildlife will be consulted on the construction activity of the
wastewater treatment plant to ensure that non-native fish are not introduced into the Colorado River.
4) The size ofthe water tank will remain 500,000 gallons, unless specifically agreed to by the
Gypsum Fire Protection District in writing.
5) Except as otherwise modified by the Permit, all material representations of the applicant in
this permit application, correspondence, and public meetings shall be adhered to and considered
conditions of approval unless otherwise amended by other conditions.
Steve Isom, 1som and Associates, stated the entire single family lot area is 250 feet above the
sewer line below and are very large lots of 65 acres. Having individual sewer service does not make a
lot of sense and would take a separate sewer line which would run down to the school site. He stated the
lift station plan has been submitted with a maintenance plan. He stated keeping the lift station out of the
water table made more sense. Mr. Isom stated the remarks made by the Division of Wildlife, there are
no breaks in the lakes and they will not be breached during construction. Nothing will get from the lakes
to the Colorado River. He stated the Gypsum Fire Department still want the 500,000 gallon tank, but the
350,000 gallon tank will supply the water needed. He stated Mr. Vroman was concerned that if the tanks
were down for 24 hours there would not be enough water for fire fighting. The system could not be
down for 24 hours because of the generators at the well heads and there are alternate well heads. He
could not be convinced that a 350,000 gallon tank would be appropriate. He reviewed the commercial
space which in the beginning was 60,000 square feet. He stated they have re-designed the 40,000 square
feet of commercial in the middle of the project and turned it into residential units. He stated they have 1
eqr for every 1,000 square feet of commercial.
Chairman Stone stated the reason the Board is hearing about changing the commercial to
residential is because it has an effect on the 1041 permit. He stated he believes any decision today will
not be an approval of that change.
Jim Fritze, County Attorney, stated that was correct. If the applicant would like to convert those,
that will be heard at a different time.
Chairman Stone asked about upsizing the treatment plant and downsizing the water tank.
Mr. 1som stated the Engineer for the project is the reason for up sizing the treatment plant. The
Engineer wanted to upsize the tank to allow for any future development up stream. He stated in the
original application the sewer plant was at 150,000 gallons per day. After discussion with the engineer it
was raised to 200,000 gallons per day.
Commissioner Phillips asked why the Planning Commission had a problem with condition
number 1.
Mr. Isom stated it related to scaring of the hillside and costs incurred, it did not make sense to
bring those five lots into the sewer plant.
Mr. Merry stated there was not sewer service to the North side of 1-70, and when this application
came forward they wanted the applicant to include service to the five additional lots. He stated he is not
concerned with water quality issues to those five lots. He stated he would still like the applicant to
consider service to the additional five lots. He stated those five homes will be within the district and
will be paying the district and not receiving the service.
Chairman Stone stated there would be no equity. The homeowners would be paying for service
but not receive any of that service.
Mr. 1som stated the service plan allows for two rates, one for those that receive the service and a
rate for those who do not.
Mr. Merry stated they are spending $50,000 for septic systems. He stated he would like an
estimate of what it would cost to include those five lots.
Mr. 1som pointed out on a map the location ofthe school site. He stated in the beginning the
school did not want this site but later changed their minds.
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Commissioner Gallagher questioned the lift station being next to the school.
Mr. Isom stated they are no longer allowed to bore under I-70 so they have to put in an additional
lift station.
Chairman Stone asked if there was any way to allow those people to hook to the system ifthey so
choose.
Mr. Merry stated yes. He stated in the future ifthey were to decide to add those lots there would
be no permit required.
Mr. Fritze stated it is not necessary to discuss these matters at this hearing. He stated the Board
might want to explore that option at Preliminary Plan. He stated individual tanks could be built by the
homeowner but maintained by the district.
Commissioner Gallagher questioned the fish mentioned by the Department of Wildlife.
Mr. 1som stated they are the largest small mouth bass in the State. He stated they are warm water
specIes.
Commissioner Gallagher questioned the response from the Gypsum Fire District and sprinkler
systems.
Mr. Isom stated there is a fire station already on site and it will be manned by the district.
Commissioner Gallagher questioned the flood plain.
Mr. Isom stated the site for the sewer plant is above the 100 year flood plain and the rest of the
property must be raised.
Commissioner Gallagher questioned the findings about disturbances being temporary. He
questioned the current protection.
Mr. Isom stated they do have the hay bales and the fencing but there is no discharge from the
lakes into the Colorado River.
Chairman Stone questioned down sizing the water tank.
Mr. 1som stated a 350,000 gallon tank is all that is necessary. He stated the 500,000 gallon tank
was a guess.
Mr. Merry stated he believes when the 500,000 gallon tank was planned everyone was excited
and when it was reduced the fire district got concerned.
Commissioner Phillips questioned the problem with a 500,000 gallon tank.
Mr. 1som stated they were having a problem with keeping the water fresh.
Commissioner Gallagher encouraged the applicant to reach an agreement with the Gypsum Fire
District for dry hydrants.
Mr. Merry stated this size tank will work for this subdivision.
Commissioner Gallagher moved to approve file number 1041-0027, Two Rivers Village 1041
Permit Amendment, incorporating staff findings and conditions as follows:
1) A contingency plan for the lift stations proposed shall be submitted to Eagle County in
conjunction with building permit submittal, addressing the maintenance schedule, alarming and
emergency power backup, noise, and odor control.
2) The Colorado Division of Wildlife will be consulted on the construction activity of the
wastewater treatment plant to ensure that non-native fish are not introduced into the Colorado River.
3) Except as otherwise modified by the Permit, all material representations of the applicant in
this permit application, correspondence, and public meetings shall be adhered to and considered
conditions of approval unless otherwise amended by other conditions.
Commissioner Phillips seconded the motion.
In discussion, Commissioner Phillips questioned the State Site Approval documents.
Mr. Merry stated one ofthe documents he has to be signed is a wastewater treatment plant of
200,000 gallons per day capacity, and the other two are for lift stations which have been signed by the
Planning Commission.
Mr. Isom requested they be allowed to try and work out the tank size with the Gypsum Fire
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Protection District. He asked they be allowed to have leeway on the size of the tank, between 350,000
gallons and 500,000 gallons.
Commissioner Gallagher amended his motion to state the tank size shall be between 350,000
gallons to a 500,000 gallon tank
Mr. Fritze stated there was a motion before the Board and questioned additional evidence.
Mr. Merry stated initially the Board approved a 500,000 gallon tank and now are okaying a
350,000 gallon tank. He stated in this case he believes the latitude would be okay.
Mr. Fritze stated none of the numbers in between will have an adverse effect on the criteria.
Commissioner Gallagher liked the idea of the applicant working with the fire district.
Commissioner Phillips concurred with the amendment.
Chairman Stone stated the motion is for approval with the following conditions:
1) A contingency plan for the lift stations proposed shall be submitted to Eagle County in
conjunction with building permit submittal addressing maintenance schedule, alarming and emergency
power backup, noise, and odor control.
2) The Colorado Division of Wildlife will be consulted on the construction activity of the
wastewater treatment plant to ensure that non-native fish are not introduced into the Colorado River.
3) The size of the water tank shall be a minimum of 350,000 gallons and a maximum of 500,000
gallons, the size to be determined by the applicant and agreed to in writing by the fire district.
4) Except as otherwise modified by the Permit, all material representations ofthe applicant in
this permit application, correspondence, and public meetings shall be adhered to and considered
conditions of approval unless otherwise amended by other conditions.
Chairman Stone called for the question on the motion. The vote was declared unanimous.
Commissioner Phillips moved to approve file number SSA-0006, Two Rivers Village 1041
Permit Amendment, incorporating staff findings and authorize the Chairman to sign the State Site
Application.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
AFP-00084, Edwards Medical Center
Joseph Forinash, Planner, presented file number AFP-00084, Edwards Medical Center, 2nd
Amended Final Plat. He stated this was an amended final plat which would dedicate a new waterline
and sanitary sewer easement and revise portions ofthe Land Use Summary. This final plat would also
permit the applicant to apply for a building permit to begin Phase 3 (as provided in the current PUD
Guide) which includes a Cancer Center, hospital departments, Eagle Care Clinic, a dining facility,
physicians' offices, and building support areas.
Mr. Forinash spoke to the chronology ofthe application for the Board:
The Board of County Commissioners approved with conditions a PUD zone change and
preliminary plan in August 1995. The final plat was approved by the Board in December 1996. The
PUD was amended by the Board of County Commissioners in 1997 and again in 2000.
Mr. Forinash reviewed staff findings for the Board 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.cd. An Improvements Agreement IS applicable.
e. This amendment IS NOT an alteration of a restrictive plat note.
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Chairman Stone asked if the S1A can be part of the same motion.
Mr. Fritze answered yes.
Commissioner Gallagher moved the Board of County Commissioners approve File No. AFP-
00084, Edwards Medical Center, incorporating the findings and authorize the Chairman to sign the plat
and the Subdivision Improvements Agreement.
Commissioner Phillips seconded the motion. The vote was declared unanimous.
There being no further business to be brought before the Board the meeting was adjourned until
May 22, 2000.
;J~~~
Attest:
Clerk to the Boa a
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