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HomeMy WebLinkAboutMinutes 08/21/2000 PUBLIC HEARING AUGUST 21, 2000 Present: Tom Stone Johnnette Phillips Michael Gallagher Robert Loeffler Jack Ingstad Sara J. Fisher Chairman Commissioner Commissioner Deputy 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: Executive Session Chairman Stone stated the first item before the Board is an "Executive Session". Commissioner Phillips moved to adjourn into an "Executive Session" to discuss the following: 1) The Airport Terminal A concession leases and possible terms 2) Airport Terminal negotiations for purchase of Terminal B 3) Receive legal advice for the School District Tax Proposal. Commissioner Gallagher seconded the motion. In discussion, Michael Cacioppo, area resident, asked regarding the legal advice about the School District, if the Board will discuss what decision was made if any. Chairman Stone stated he does not believe so. Mr. Cacioppo asked if there will be a public hearing. Commissioner Phillips stated there will most likely be no decision made today. This meeting is to just receive legal advice from the Attorney. Mr. Cacioppo stated he believes it would be appropriate before a decision is made there be a public hearing to determine what the public would like. Commissioner Phillips stated they have done a survey. Bob Loeffler, Deputy County Attorney, stated if there is a decision to be made the Board will hold a public hearing and decide whether to adopt this proposal or not. He stated there would be a public notice and the public will be welcome. He stated they are limited as to the time for certifying ballot measures, it would either be next Monday or the following Tuesday. Those are the only two days it can be heard. He stated the Board would have to adopt a Resolution to certify the ballot measure so it can be placed on the ballot. Chairman Stone called for the question the motion. The vote was declared unanimous. The time was noted at 09:05 a.m. Commissioner Gallagher moved to adjourn from the "Executive Session" and reconvene into the regular meeting. Chairman Stone seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Phillips was not present at this time. The time was noted at 09:40 a.m. Consent Agenda Chairman Stone stated the next item before the Board was the consent agenda as follows: A) Approval of bill paying for week of August 21,2000 subject to review by County 1 08-21-2000 Administrator B) Approval of payroll for August 24,2000 subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioner meeting of August 7, 2000 D) Quarterly Interest Report E) Eagle County Regional Airport Stormwater Management Plan F) Frying Pan Road Snow Plowing Agreement with Pitkin County G) Authorizing appointment of officers to the Emergency Telephone Service Authority Board H) Assignment of Certificate of Deposit for Dry Lake Dirt, Certificate of Deposit No. 17227 for $2,000 for Road Cut Permit No. 2844 I) County Fairgrounds/Berry Creek-Miller Ranch Recreation Development Plan proposed scope of services between Eagle County and BAI/Braun Associates, Inc. J) Resolution 2000-120, concerning appointment of Kathryn Heider to the Minturn Cemetery District K) Agreement with Samaritan Center of the Rockies for TANF/Child Welfare Services L) Agreement with Latino Counseling for TANF/Child Welfare Services M) Agreement with Terri Allender for TANF/Child Welfare Services N) Berry Creek/Miller Ranch Properties. Chairman Stone asked if the Attorney had any items needing removed from the agenda. Bob Loeffler answered no. Commissioner Phillips asked if the Board will be appointing the member to the Minturn Cemetery Board. Commissioner Gallagher stated he was on the telephone at the beginning of the meeting speaking with that applicant and he will be sending a letter indicating he wishes to be appointed. Chairman Stone stated the Board should move forward and replace Ms. Heider with the new member when everything needed has been received. Commissioner Phillips asked about the agreements items K, L & M for Child Welfare Services. Kathleen Forinash, Director of Health & Human Services, stated there are two new providers which are Samaritan Center of the Rockies and Latino Counseling Services. These agreement are based on the requests for these type services. She stated Terri Allender has been providing those services in the past. She stated these programs help families with the costs of these services to stabilize family life and do a better job at taking care of their children. She stated these funds come from the Federal Block Grant. Mr. Loeffler stated item I and item N are duplications. Item N can be eliminated. The Board concurred to eliminate item N from the Consent Agenda. Commissioner Gallagher asked about item D, the interest report and it showing a loss in the School Land Dedication portion. Karen Schaeffer, Eagle County Treasurer, stated this does not show a loss but rather is a comparison to the last report. She stated monies from the developer go into that account and that money tends to fluctuate. Commissioner Phillips stated she had a correction to the minutes, adding on the last page, in the middle ofthe page it states, "Ms. McGinnis stated they can list it". She believes it should read "they can be listed separately". Commissioner Gallagher moved to approve the consent calendar as presented with the changes to the minutes as stated and eliminating item N. Commissioner Phillips seconded the motion. The vote was declared unanimous. 2 08-21-2000 Plat & Resolution Signing Matt Gennett, Planner, presented the following plats and resolutions for the Board's consideration: 5MB-00220. Cordillera Subdivision. Filin~ No.7. A Resubdivision of Lots 1 and 2. He stated the intent of this Minor Type B Subdivision is to vacate the common lot line between Lots 1 and 2, create Parcel L-4, and redefine the associated building envelopes, as shown on the plat. 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-00220, Cordillera Subdivision Filing No.7, a resubdivision of Lots 1 & 2, incorporating staff findings. The Chairman shall be authorized to sign the plat. Commissioner Gallagher seconded the motion. The vote was declared unanimous. 5MB-00241. Bachelor Gulch Village. Filing 3. Third Re-Subdivision of Tract D. He stated the intent of this Minor Type B Subdivision is to re-subdivide Tract D and to vacate, as well as create, various easements associated with Tract D. He stated staff findings are found on Staff report as follows: Pursuant to Section 5-290 (G) (1) of the Eagle County Land Use Regulations: 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. 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 Gallagher moved to approve final plat file number 5MB-00241, Bachelor Gulch Village, Filing 3, Third Resubdivision of Tract D, incorporating staff findings. The Chairman shall be authorized to sign the plat. Commissioner Phillips seconded the motion. The vote was declared unanimous. Resolution 2000, Approving Issuance of Multi-Family Revenue Bonds Bob Loeffler spoke to the proposed Resolution for the Multi-Family Revenue Bonds. He stated this matter will come back next week and every week thereafter until it is done. He stated the underwriter has to price the bonds before anything can be done. Staff believes the bonds were to be priced last week and they were not. The Board concurred not to open this file and withdraw it. 3 08-21-2000 Mountain Glen Afforable Housing, Adoption of Bond Resolution Bob Loeffler stated this file also needs to be withdrawn until the bonds have been priced. The Board concurred to withdraw this file. Ordinance, Banning Open Fires Bob Loeffler stated this is not ready to be heard by the Board. There are still discussions to be had and this matter has not be published. He stated staff is waiting for direction from the Board. The Board concurred to not open this file and it be withdrawn. Commissioner Gallagher requested this matter progress as quickly as possible. 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. Quattros CoffeeHouse Earlene Roach, Liquor Inspector, presented a transfer of ownership of a tavern license for Extended Family Stone, LLC, dba/Quattros CoffeeHouse. She stated this application is in order and all fees have been paid. The applicants are reported to be of good moral character. Zackery Stone, applicant, stated he has worked in the business in this area for the past eight years and has been able to put together a package and purchase a restaurant of his own. He stated he will be remodeling the establishment in five to six weeks and will be able to serve dinner as well. Chairman Stone stated he is not related to this applicant and this is the first time they have met. Mr. Stone stated that was correct. Commissioner Phillips moved to approve the transfer of ownership of a tavern license for Extended Family Stone, LLC, dba/Quattros CoffeeHouse. 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. Public Hearing - Rural Transportation Authority IGA Commissioner Stone stated the next item, which was listed as a work session to be held in the classroom is being opened as a public hearing on the record concerning the Rural Transportation Authority Intergovernmental Agreement. George Roussos, Assistant County Administrator, introduced Dan Blankenship, Director of the Roaring Fork Transit Agency. He spoke to the history of the Steering Committee of which he and Mike Gallagher are members. He spoke to the public hearing at the Blue Lake Community Center and that a second hearing is scheduled for the 5th of September. He stated they will hold the hearing for the request to approve the intergovernmental agreement and the resolution to submit the ballot question for November. Chairman Stone asked for public comment. There was none. Mr. Blankenship was present to answer questions on the IGA. Commissioner Gallagher asked if the Eagle County Regional Transportation Authority tax was approved by all of the voters of Eagle County. He asked if a small portion can be allocated to a different place. Renee Black responded at the direction of the Board of County Commissioners the tax can be 4 08-21-2000 specified to fill a need. They are asking for a voluntary contribution. Mr. Blankenship stated it is asking for a commitment to use the tax collected in a specific area to be used by the RTA. That will be subject to the annual appropriations and isn't a binding commitment. Commissioner Gallagher asked ifit isn't binding, what good is it to the RTA. Mr. Blankenship stated it is $250,000 of revenue that the RTA can use. You can't bond against it per se. He suggested the risks involved in having it a question posed County wide outweigh leaving the allocation to the Board of County Commissioners. They are dedicating the Pitkin County tax which is larger in revenue, about $4,000,000 a year. The thought was this is the most expedient way to deal with this issue. Commissioner Gallagher suggested that once the R T A is approve, an effort to change that and have the RTA the taxing authority for the .5% in Eagle County would be wise. Mr. Blankenship responded there would have to be ongoing discussion about the better plan. Chairman Stone asked Mr. Roussos ifthis concludes the public hearing. Seeing there was no further discussion, they concluded the hearing. 1041-0023, Beaver Creek Resort Chairman Stone introduced file 1041-0023, Beaver Creek Resort. Ross Easterling, Planner, presented file number 1041-0023, Beaver Creek Resort. He stated the Planning Commission unanimously voted to approve the application as recommended by staff, with one amendment to the recommended conditions. There was discussion regarding the line routing, tank placement, and future 1041 permit requirements for restaurant expansions. In particular, discussion revolved around NWCCOG's comments on the timing of disturbances to the wetlands area near Beano's Cabin. This wetlands discussion resulted in another permit condition, to which the applicant agreed to abide by to the extent necessary to minimize such impacts. The permit application proposes the following improvements/expansions: 113,000 gallons of new storage capacity, one new 60 gallon per minute (gpm) lift station, approximately 2,SOO feet of new 8 inch water line to connect the new storage tank to the existing water supply system, modification to pressure reduction valves, and additional new fire hydrants at Red-Tail Camp and Beano's Cabin. The original 1041 hearing occurred January 18,2000. The commission needed assurance of satisfactory geology as determined by CGS. A site visit is being scheduled by the applicant as soon as the Colorado Department of Wildlife will allow. He stated at this time he would like to introduce a revised addendum bringing this issue forward. He distributed it to the Board. He spoke to a concern addressed by the Colorado Geological Survey. He stated the site has been inspected and they have made a finding, however it is conditional. He referred to finding g. It reads" The proposed development will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forests and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas, recreational areas, and unique areas and unique areas of geologic, historic or archeological importance." He stated an engineering inspection will be required before they can install the perimeter/sub-drain. Tom Allender, Director of Resort Planning stated he would like to have a change that would allow for any qualified geotechnical engineer rather than being locked into one engineering firm. Chairman Stone asked for the history of the tabling. Mr. Allender explained they didn't have a qualified opinion regarding a site and its geological stability. They had to get the engineer comfortable with the site. Chairman Stone summarized for Commissioner Gallagher the delay was caused by snow and elk caving taking place which happened in July. Mr. Allender stated the main objective here is protection for fire flows. Without a new tank, the flows are not adequate. This tank is met to take care of that issue. Commissioner Gallagher suggested 113,000 gallons doesn't appear to be very much. He asked if 5 08-21-2000 there is other water available. Glen Palmer, Alpine Engineer explained this tank would be primarily to augment the water now available. This tank will primarily feed Beno's. The existing pumps do not accomplish their targeted goals. They are breaking it up to two zones. Commissioner Gallagher asked if the water will be only for fire or used domestically as well. Mr. Palmer explained there will always be a reserve for fire flow with an alarm system. Commissioner Gallagher asked if Benos uses enough water to keep such a quantity of water fresh. Mr. Palmer stated it does. Chairman Stone asked the findings be included as a part ofthe record as follows: In accordance with Section 6.04.13 (Major Extension of Existing Domestic Water/Sewage Treatment Systems) of the Eagle County Land Use Regulations, and as more specifically described in the application for improvement/enlargement of the Beaver Creek Resort Water Supply system to Spruce Saddle, Red Tail Camp, and Beano's Cabin: a. New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utilization of existing water and sewage treatment systems of communities within this County within the development area and source development area; FINDINGS: This extended water system, as proposed, will result in proper utilization of the system for development and the source development area. It is intended that this system provide increased storage and more efficient pumping operation resulting in enhanced fire protection. b. The proposed development does not conflict with an approved local master plan or other applicable Regional, State or Federal land use or water plan; FINDINGS: The proposed development does not conflict with the Eagle County Master Plan, the Eagle Area Community Plan, the 208 Regional Water Quality Plan, or other applicable Regional, State or Federal land use or water plans. c. The proposed development does not adversely affect either surface or subsurface water rights of upstream or downstream users; FINDINGS: The proposed development will not adversely affect either surface or subsurface water rights of upstream or downstream users. Withdrawal of surface water is not being increased, capacities are simply being enlarged and made more reliable. d. Adequate water supplies, as determined by the Colorado Department of Health, are available for efficient operational needs; FINDINGS: Adequate water supplies have been demonstrated. e. Existing domestic water treatment systems servicing the area must be at or near operational capacity; 6 08-21-2000 FINDINGS: This criteria is not applicable because this project does not involve the construction or extension of a new or existing water treatment system. f. Existing domestic sewage treatment facilities servicing the area must be at or greater than eighty percent (80%) of operational capacity; FINDINGS: This criteria is not applicable because this project does not involve the extension of an existing or the construction of new sewage treatment systems. g. The scope and nature of the proposed development will not compete with existing water and sewage services or create duplicate services; FINDINGS: The proposed treated water storage tank and distribution system modification are improvements to an existing system operated by the Upper Eagle River Regional Water Authority. This is the only system currently providing domestic water supply service to the Beaver Creek Resort and surrounding areas. Thus, the proposed development will not compete with any existing water and sewage services or create duplicate services. h. Age of existing water and sewage systems, operational efficiency, state of repair or level of treatment is such that replacement is warranted; FINDINGS: The proposed water facilities are not a replacement of existing facilities but an extension and enhancement of current service required to serve the proposed development with sufficient fire protection flows. i. Area and community development and population trends demonstrate clearly a need for such development; FINDINGS: This criteria is not applicable because the proposed water storage and distribution systems improvements are needed to address fire protection and safety concerns that are not related to community development and population growth trends. j. Existing facilities cannot be upgraded or expanded to meet waste discharge permit conditions of the Colorado Water Quality Control Division; FINDINGS: This criteria is not applicable because this project does not involve any modification to the conditions of the wastewater discharge permit. k. Appropriate easements can be obtained for any associated collector or distribution system that will serve existing and proposed needs; FINDINGS: The sites of the proposed water lines and system improvements have been approved by the USDA United States Forest Service. l. The benefits of the proposed development outweigh the losses of any natural resources or agricultural lands rendered unavailable as a result of the proposed development; FINDINGS: No losses of any natural resources are rendered through this approval, other than a 7 08-21-2000 wetlands area under United States Army Corps of Engineers jurisdiction and Nationwide Permit #12 (Utility Line Discharges). m. The proposed development will not decrease the quality of peripheral downstream surface or subsurface water resources below that designated by Colorado Water Quality Control Commission as established on May 22, 1979, and effective July 10, 1979, or more stringent standards subsequently adopted; FINDINGS: During project construction, temporary increases in sedimentation will occur during storm events due to runoff from disturbed soils. These impacts will be minimized through the employment of best management practices (BMPs) designed to reduce erosion and minimize sedimentation. Once construction is complete, disturbed lands will be reclaimed and revegetated. Sources of sedimentation from the area can be expected to return to pre-project conditions. The implementation of these BMPs will protect the quality of peripheral and downstream surface and subsurface water resources and assure compliance with water quality standard established by the Colorado Water Quality Control Commission. n. The proposed development or its associated collector or distribution system or new service areas will not violate Federal or State air quality standards; FINDINGS: The proposed development and its associated collector system will not violate Federal or State air quality standards. o. The proposed development or its associated collector or distribution system will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forest and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas and the habitats of rare and endangered species, public out-door recreation areas, and unique areas of geologic, historic or archaeological importance; FINDINGS: The proposed development will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forest and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas and the habitats of rare and endangered species, public out-door recreation areas, and unique areas of geologic, historic or archaeological importance if the construction is in accordance with the application submitted. p. The proposed development or its associated collector or distribution system will not significantly degrade existing natural scenic characteristics, create blight, nor cause other nuisance factors such as excessive noise or obnoxious odors; FINDINGS: The proposed development will not significantly degrade existing natural scenic characteristics, create blight, nor cause other nuisance factors such as excessive noise or obnoxious odors if the construction is in accordance with the application submitted. q. The proposed development or its associated collector or distribution systems will not 8 08-21-2000 create an undue financial burden on existing or future residents within the development area and the source development area. The cost of securing an adequate supply of water for existing and future needs of the residents of the County shall be considered in determining whether an "undue financial burden" will result; FINDINGS: The proposed development will not create an undue financial burden on existing or future residents within the development area and the source development area, since all project facilities will be paid for by the applicant. r. The development site of a proposed major extension of an existing domestic water or sewage treatment system is not subject to significant risk from earthquakes, floods, fires, snowslides, landslides, avalanches, rock slides or other disasters which could cause a system operation breakdown; FINDINGS: The site is not subject to natural hazards, as evidenced by the application submitted. s. Any proposed domestic water treatment and distribution system is capable of providing water meeting the requirements of the Colorado Department of Health; FINDINGS: The water distributed by the system improvements associated with this application is treated by the Upper Eagle Regional Water Authority and monitored by the Colorado Department of Health. t. The construction of structures, buildings, and improvements associated with the proposed development will not significantly impact existing or proposed communities within the development area and source development area; FINDINGS: The construction of structures, buildings, and improvements associated with the proposed extension will not significantly impact existing or proposed communities within the development area and source development area. PROPOSED FINDINGS In accordance with Section 6.0S.13 (Efficient Utilization of Municipal and Industrial Water Projects) of the Eagle County Land Use Regulations, approval of the Permit application: a. The need for the proposed water project can be substantiated; FINDINGS: The need for the proposed water system extension and enhancement can be substantiated based on the applicants fire protection consultant's recommendations and national fire protection standards, and prior approval of the land use at the development site by the USDA Unites States Forest Service. b. Assurances of compatibility of the proposed water project with Federal, State, Regional, and County planning policies regarding land use and water resources; FINDINGS: The proposed development does not conflict with The Eagle County Master Plan, The Eagle County Open Space Plan, The 208 Regional Water Quality Master Plan, or other 9 08-21-2000 applicable Regional, State of Federal land use or water plans. c. Municipal and industrial water projects shall emphasize the most efficient use of water, including, to the extent permissible under existing law, the recycling and reuse of water. Urban development, population densities, and site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas; FINDINGS: Water usage for the proposed utility extension will be metered and fixtures will conform to efficiency standards. The UERW A water conservation plan will be adhered to by the applicant. d. Provisions to insure that the proposed water project will not contaminate surface water resources; FINDINGS: Adequate provisions have been proposed to insure that the proposed water project will not contaminate surface water resources. e. The proposed water project is capable of providing water pursuant to standards of the Colorado Department of Health; FINDINGS: The water distributed by the system improvements associated with this application is treated by the Upper Eagle Regional Water Authority and monitored by the Colorado Department of Health. f. The proposed diversion of water from the source development area will not decrease the quality of peripheral or downstream surface water resources in the source development area below that designated by the Colorado Water Quality Control Division on May 22, 1979, and effective July 10, 1979, or more stringent standards subsequently adopted; FINDINGS: Any disturbances to the water resources would be temporary in nature, for the most part, represent sedimentation due to runoff from disturbed soils. Once construction is complete, disturbed soils will be reclaimed and revegetated. g. The proposed development and the potential diversion of water from the source development area will not significantly deteriorate aquatic habitats, marshlands, and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forests and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting area and the habitats or rare and endangered species, public outdoor recreational areas, and unique areas, and unique areas of geologic, historic or archaeological importance; FINDINGS: The proposed development will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forests and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas, recreational areas, and unique areas, and unique areas of geologic, historic or archeological importance. h. The salinity and advanced wastewater treatment offset plans required by Section 6.05.13 10 08-21-2000 (16) and (17) have been approved by the Permit Authority and required fees associated therewith, if any, have been paid; FINDINGS: The proposed project will not result in any increase in water diversions, water usage, consumptive use of water or effluent loading that would increase downstream salinity concentrations. Therefore, no advanced wastewater treatment plans are necessary to offset impacts. i. The construction of structures, buildings and improvements associated with the proposed development will not significantly impact existing or proposed communities within the development area and source development area; FINDINGS: The construction of structures, buildings and improvements associated with he proposed development will not significantly impact existing or proposed communities within the development area and source development area. All construction disturbances associated with this extension will be at the currently developed site. Commissioner Phillips moved the Board approve File No. 1041-0023, Beaver Creek Resort incorporating staff findings with the following conditions: 1. 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. 2. Construction will not begin in the wetlands area adjacent to Beano's Cabin until after August 1 st, 2000 or in wet spring conditions of subsequent years. 3. That the applicant will employ best management practices (BMPS '), as represented in application, to minimize erosion and sedimentation and revegatate disturbed areas. 4. That the applicant have a qualified geotechinical engineer inspect the final excavation, of the water thank location, prior to the placement of the perimeter/sub-drain to determine the need for any additional foundation stabilization. And, subsequent to that inspection, to provide the Department of Community Development with a letter for the qualified geotechnical engineer describing the adequacy of the site or any additional stabilization technique required. This includes staff findings. Commissioner Gallagher seconded the motion. The vote was declared unanimous. SD-0019, Holland Creek and Red Sky Ranch Metropolitan District Keith Montag, presented file number SD-0019, Holland Creek and Red Sky Ranch Metropolitan District. He stated the purpose of the dual District is to serve the needs of the proposed Red Sky Ranch community which has achieved Sketch Plan level of approval by Eagle County. Red Sky Ranch Metro District will be known as the "Financing District" (generate the tax revenue) and Holland Creek Metro District will be know as the "Service District" (own and operate the facilities). The Financing District will provide funding to the Service District for construction, operation, and maintenance of facilities and improvements per the Service Plan. The Service District will manage the financing, construction operation and maintenance of the facilities described in the Plan. Agreements between the two Districts will outline the powers and authorities of each. Total Cost of capital improvements is estimated at approximates $14 million dollars. The mill levy is projected to be 45 mills within this District over the next 40 years (approximately). Currently, other entities within the District are imposing 37 mills. Therefore, the total mill levy expected to be 11 08-21-2000 collected from property owners in the proposed District is 82 mills. General purposes (described in the Plan) of the proposed Districts are: water service, wastewater service, streets and traffic control, fire protection and emergency medical services, television relay, transportation, parks and recreation, mosquito and pest control and legal powers. Staff comments are as follows: 1) Any and all functions and facilities associated with the District must be in conformance with the Eagle County Land Use Regulations and/or applicable State Statutes governing Special Districts. 2) The Service Plan is based on the assumption that a certain density is going to be approved by Eagle County during the Preliminary Plan/Zone Change process. Obviously, the financial pro-forma reflects such assumption. Ifthe density is not approved, the provision in the Service Plan may not function. 3) Numerous powers and authorities are being proposed in the Service Plan that overlap with other existing Special Districts (Fire, Water/Sewer, Transportation, Parks/Rec). They need to hear from the applicant how they are going to deal with this issue. 4) The applicant needs to address the referral comments. There being one from Terry Lowell of the Finance Department. He pointed out there are actually two sets of findings with the first being a "shall" set (a - d) and the second a "may" set (a - e). He stated the planning commission did hear this file in July and there was a unanimous positive vote. Rick McCutcheon, Vice President of Vail Resorts Development company introduced Gary White from White and Associates, Stan Bernstein, Mark Thorn, Rick Pylman and Todd Wallace also from White and Associates. Mr. White stated he has been practicing special district law for many years now. He stated the districts being proposed today are very similar to the Bachelor Gulch and Cordillera structures. He asked that the service plan become a part of the record. He explained the dual district structure has been used successfully since the early 1980's. In the early 80's a number of districts were formed as single district structures and were developer controlled. He stated some abuse did occur and the debt was secured only by the developers projections. When the housing markets fell, those bonds got in trouble and many ended up in default. He stated this structure is designed to assure no default. He explained the revenue format and the developing tax base assuring the developer bears the risk. He stated the developer through the letter of credit would own the bonds in their own project. If the tax base never develops the bonds will never be paid. The financing plan proposes a 45 mill levy , half to be used for operations. They are proposing septic systems, most being individual. The property developers will provide full written disclosure as part of the contract documents to potential buyers. The disclosure is a tool they have used throughout the state. He also noted there are virtually no communities with infrastructure costs that don't use special districts. This assures that development pays its own way. He spoke to the overlap and they have double checked and believe the only district they overlap with is Western Eagle County Metropolitan Recreation District who will be meeting this Thursday and from whom they will receive a consent letter from at that time. He stated they are fully committed to comply will all requirements of the County. He stated they will amend the service plan when the density is approved. This will keep the financial model in line. Commissioner Gallagher stated this is the first time he has ever had someone ask for two districts but for them to be treated as one. He asked for an explanation of the map. Mr. White spoke to Exhibit A and the Holland Creek District being the service district. It is largely open space and it will be controlled long term by the developer. Commissioner Gallagher asked if that is the only way they could set this up. Mr. White explained the master Intergovernmental Agreement obligates the Red Sky District to use its best efforts to issue the debt. He stated they have found the consolidated service plan to be a better tool. He stated when there were single developer structures, there was a fear that the residents would take over the Board. He stated the goal is to build the infrastructure first with bonds secured by the developer. The developer must control the timing of the debt. It's an effort to balance the risks with the control necessary to complete the development. 12 08-21-2000 Commissioner Gallagher asked how many residences they are proposing in the development Mr. Montag responded 87. Commissioner Gallagher asked at what time do they anticipate the debt being paid. Stan Bernstein, Stan Bernstein and Associates stated the plan contemplates that early next year there will be $10,000,000 in revenue bonds issued. He spoke to the revenue bonds and those being taken out as the assessed valuation grows. He stated those take out bonds will be issued on December 1, 2004 amortized yearly over a 30 year period. Commissioner Gallagher asked if after thirty years the residents can be on the Board. Mr. White stated the residents will have an opportunity in the Red Sky district to be on the board as early as May, 2002. Commissioner Gallagher clarified that is not the service district. Mr. White stated to ensure the debt has fully been paid they will either dissolve the service district or coordinate the two districts. Chairman Stone spoke to the total mill levy adding up to 82 mills. He suggested that is significant. Mr. Montag stated he wanted to make note there are additional mill levies all ready on this property. He stated Bachelor Gulch and Cordillera are within the same level. Mr. White stated an 82 mil levy is appropriate, if you were to look at the common mill levy in Denver it is 130 to 150 mills. The home buyer is provided a written disclosure and comparisons. Mr. McCutcheon reviewed the numbers. Mr. Bernstein reminded them that 35% of the property tax burden is deductible on the state and federal taxes. Bob Loeffler stated he is not too sure about condition 3 and the comments from Mr. White about the overlapping districts. He believes they have to have the letter before they approve the plan. He suggested there may be more than one letter needed. He questioned what they have done to identify that only one consent letter is needed. Mr. White stated they consulted with each ofthe districts listed as title 32 overlaps. The only one that physically overlaps the boundary is the park and recreation district. They could have it approved subject to obtaining the consent letter or they can eliminate the power of the park and recreation and shift the revenue over to other approved purposes. Mr. Loeffler asked ifMr. Montag was satisfied there is only one overlap. He asked if Mr. Montag has letters supporting that. Mr. White stated it is not typically to have letters ifthere is no overlap. He stated the staff comment came from their mapping. Mr. Montag stated this was more to make sure that the applicant has done their homework. It was an assumption that there could be overlap. Chairman Stone asked about putting the responsibility on the developer. Mr. Loeffler stated that makes sense but something will have to be done to confirm it. Mr. Montag stated the assessor's office has all ofthat information available from the special district. Mr. White stated they have consulted with the Division of Local Government. Chairman Stone asked them to confer with the Assessor so that she too has an understanding of the boundaries. Jody Caruthers stated they have reviewed this district and find no parcels split. Chairman Stone asked about the urgency. Mr. Montag suggested they are trying to make the November ballot. Sara Fisher explained the time requirements for coordinating the ballot. She explained the district will be holding its own mail ballot election, but that September 13 is the deadline for ballot language certification. 13 08-21-2000 Mr. Loeffler stated they will do a resolution next Monday. He asked what happens ifthe number of units changes. Mr. White spoke to material modification. He stated if the density they are relying on is not approved there will be less debt taken out of the developer obligation. Mr. Loeffler asked they accept the service plan into the record. The Chairman concurred. Mr. White asked that the proof of publication be accepted into the record as well. The Chairman concurred. Commissioner Gallagher moved to approve file number SD-0019, Holland Creek and Red Sky Ranch Metropolitan District Consolidated Service plans, incorporating staff findings being: a) There is sufficient existing and projected need for organized service in the area to be serviced by the special district; b) The existing service in the area to be served by the special district is inadequate for present and projected needs; c) The special district is capable of providing economical and sufficient service to the area within its boundaries; d) The area included in the District has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. And a) Adequate service is not, or will not be, available to the area through Eagle County or other existing municipal or quasi-municipal corporations, including existing special district, within a reasonable time and on a comparable basis; b) The facility and service standards of the District are compatible with the facility and service standards of Eagle County, and each municipality which is an interested party under Section 32-1-204(1 ),CRS c) The service plan is in substantial compliance with the master plan adopted pursuant to Section 30-28-106, CRS; d) The service plan is in compliance with the duly adopted long range water quality management plan for the area; e) The service plan will be in the best interest of the area proposed to be served. The following condition being added: That the applicant presents a letter from Western Eagle County Metropolitan Recreation District consenting to the conflict or withdraws that portion of the service plan. 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 August 28, 2000. Attest: Clerk to the Bo c~~ 14 08-21-2000