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HomeMy WebLinkAboutMinutes 10/30/2000 PUBLIC HEARING OCTOBER 30, 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: Executive Session Chairman Stone stated the first item before the Board is an "Executive Session". Commissioner Phillips moved to adjourn into executive session to discuss the following: 1) Discuss and give negotiation instruction for Arrowhead Bike Trail 2) Discuss litigation, San Isabel Telecom vs. Eagle County 3) Discuss and give negotiation instructions for Vail Valley Jet Center 4) Receive legal advice regarding Two Rivers Metro District 5) Discuss and give negotiation instructions for JLH Hangar 6) Sitting as the ECA T Board of Directors, discuss licensing issues related to ground transportation bids 7) Discuss and give negotiation instructions re dirt acquisitions at the airport 8) Frost Creek Hearing Order Commissioner Gallagher seconded the motion. The motion passed unanimously. The time was noted at 08:37 a.m. Commissioner Gallagher moved to adjourn from the "Executive Session" and reconvene into the. regular meeting. Commissioner Phillips seconded the motion. The vote was declared unanimous. The time was noted at 09:45 a.m. 1041-0030, SSA-0008, SSA-0009, Adams Rib-Frost Creek Chairman Stone stated the first item before the Board is to complete the testimony of David Carter, Eagle County Director of Housing, a continuation of the Adams Rib Frost Creek. Ed Sands, Attorney representing the Town of Eagle, stated the findings of fact are due this afternoon at 5:00 p.m. and how many copies would like the Board like. Jim Fritze, County Attorney, stated they would like six copies and those can be delivered to the Attorney's Office. Mr. Sands stated the answer to his question will come in this afternoon. He asked David Carter to come to the microphone and referred to Exhibit E-38, the Executive Summary, Eagle, Pitkin and Summit Counties continue to import up to 44% of their work force. Mr. Carter stated that figure was a little high for Eagle County but overall the County is importing a substantial number. Mr. Sands questioned the statements of cost to rent or purchase housing and the rising of those costs. Many families are priced out of this housing market. 1 10-30-2000 Mr. Carter stated those statements are still accurate for Eagle County. Mr. Sands referred to the wage scale and most jobs are in the lower sector. Mr. Carter stated that statement is still correct. He stated the labor force is a large percentage of persons in the retail and service sectors. Mr. Sands asked about the Frost Creek project and if it will create additional low paying sector jobs. Mr. Carter stated a large portion of the jobs will be in the lower sector of retail jobs. Mr. Sands asked if adequate housing has been provided for these lower sector jobs. Mr. Carter stated it has not. He stated the transfer fee will not be adequate for the lower end jobs. Mr. Sands asked if this will cause additional people to be imported from other Counties. Mr. Carter replied it will. Mr. Sands referred to page 26, relating to goals, residents will have suitable safe housing in the community of their employment. "Those who create employment will responsibly participate in housing the region's employees." Does he believe the proposed Frost Creek project provides suitable affordable housing in the community. Mr. Carter answered no, and this goes with the goal of Eagle County where significant commercial development will provide 20% of the housing for those employees. Mr. Sands asked about page 29, containing a table of full time jobs in order to purchase a single family residence. Mr. Carter stated this was not his table and it looks at the earnings of$10.00 to $15.00 per hour and computes the purchasing power of those incomes. In Eagle it appears that $15.00 per hour would require five jobs in the household in order to afford a single family home and for $10.00 per hour jobs it would require 7.7 jobs to afford a single family home. Mr. Sands asked about the definition of single family home. Mr. Carter referred to a local report and stated in 1997 three jobs per household would be needed to purchase a medium priced home. He explained the average of a medium priced home. In the local report, a medium price of a home was $189,000.00, which includes multi-family, mobile and modular homes and $250,500.00 for a single priced home. Mr. Sands referred to Exhibit E-30, Eagle County Housing Needs Assessment. This section addresses unfilled jobs, and estimates 1,564 unfilled full time and part time jobs. Would the development of the golf course subdivision add to the problem of unfilled summer jobs. Mr. Carter stated yes it would without housing. Mr. Sands asked about the table at the bottom of page 40 and its relationship to housing and local businesses. Mr. Carter stated it shows whether people were hired or retained their employment. Of those it shows 139 were not hired because they lacked housing. Housing is the major factor. Mr. Sands referred to page 115. He stated this refers to a number of suggestions to improve the housing problems. He asked Mr. Carter to read number two. Mr. Carter read "develop more rental housing, the demand for units to house new employees and employees who currently commute is sufficiently strong to support the additional development of apartments. Until the vacancy rate reaches a level more in line with other communities, efforts to develop apartments should not be curtailed." He stated this proposed development is not meeting this criteria. There are two issues with accessory units, will they be built and will they be rented to area residents. Mr. Sands asked Mr. Carter to read number 3. Mr. Carter read "develop for sale housing. The demand for home ownership appears to be very strong. It is estimated that as many as 1,790 renters are interested in and could potentially afford to purchase a home if provided at prices substantially below market. Many residents, roughly 2,800 households, who already own a home, are interested in purchasing another home and would like to move 2 10-30-2000 up into larger homes. Doing so would free up housing for entry level home buyers, if sellers were required to deed restrict their homes in order to be eligible to purchase other homes." Mr. Sands asked if this applicant meets that demand as stated in that paragraph. Mr. Carter stated no. These homes would be too high priced. Mr. Sands asked Mr. Carter to read #4. Mr. Carter read "develop uniform deed restrictions throughout the County. While the majority of residents consider return on investment as an important consideration and would not accept deed restrictions, 18% stated that a resale price limitation would not impact their decision at all or very little. Potential home buyers stated that a home with a 3% cap on annual appreciation, would need to be priced 23% below market in order for them to buy it." He stated the applicant has resisted deed restricting any units and this suggestion would not be implemented in the Frost Creek development. Mr. Sands asked Mr. Carter to read the next recommendation. Mr. Carter read "concentrate for sale development efforts on attached housing and manufactured. housing. Given the high construction costs, limited land availability and the willingness of residents to accept living in condominiums, townhouses and manufactured housing, efforts to provide site built single family homes should only be pursued if done to help subsidize the cost of entry level attached housing." Mr. Sands asked if this proposal in any way furthers that suggestion. Mr. Carter stated his recollection is there was no manufactured housing to be provided, he does not believe there was any attached housing and does not believe there were to be any duplexes or townhomes. Regardless, he does not believe it would meet the intent of this report. Mr. Sands stated this proposal is for 300 single family homes plus the 80 units. He asked Mr. Carter to read from page 116. Mr. Carter read, "develop County wide commercial linkage and inclusionary zoning programs, requiring employers to provide housing for employees is supported by nearly 70% of the County's residents. Well over half support requiring that a percentage of all new homes be designated as employee housing. Mr. Sands asked ifthis proposal furthers this recommendation. Mr. Carter stated no as it presently stands. Mr. Sands asked Mr. Carter to read the next bullet on page 116. Mr. Carter read "to work with employers, particularly the larger ones and private developers to provide housing, residents support a strong role by local governments although they do not favor increased taxes.". Mr. Sands asked if this proposal advance that suggestion. Mr. Carter stated the transfer fee is an excellent step in supporting that direction but the other suggestions are not being addressed. Mr. Sands referred to the Eagle Area Community Plan, Exhibit E-6. He stated this document establishes goals, guiding policies and implementing actions. He asked about a goal to provide affordable housing and ask if the Frost Creek proposal provides housing that meets any definition of affordable housing. Mr. Carter stated he was not involved with the process of putting together the Eagle Area Community Plan and could not address the question. Mr. Sands asked about the Eagle County Comprehensive Housing Plan, Vision Statement. He read from page 93, "housing should be located in close proximity to existing community centers as defined in the County Master Plan." Another vision statement reads "development of local resident housing should be encouraged on current transit routes." "Persons who work in Eagle County should have adequate housing opportunities within the County." "Development applications that will result in an increased need for local resident housing should be evaluation as to whether they adequately provide for this additional need. The same way they are evaluated for other infrastructure needs." He asked if 3 10-30-2000 the Frost Creek Development addresses these vision statements. Mr. Carter answered there are some very fine people associated with this development but the development does not address any of these vision statements. Mr. Sands referred to page 96 of the plan, number 3, "steps should be taken to facilitate increased home ownership by local residents and workers in Eagle County." Number 4 reads "additional rental opportunities by permanent local residents should be brought on line, some for households with an income equivalent to or less than one average wage job." Number 5 reads, "seasonal housing is part of the progletp. and needs to be further addressed and is primarily the responsibility of employers." Number 6 reads'~ew residential subdivisions will provide a percentage of their units for local residents." Number 11 reads, "there is a need to segment a portion of the housing market to protect local residents from having to compete with second home buyers." How do these policies apply to the Frost Creek development. Mr. Ferguson asked if Mr. Sands had read number 7 or ifhe paraphrased it. Mr. Sands stated he quoted number 3, 4, 5, 6 and 11. Mr. Carter stated with number 3, the intent was to come up with programs like down payment assistance, mortgage credit certificates and other steps to help people become first time homeowners not to apply to development applications so number 3 is not relevant to land use. Mr. Carter stated number 4, in general was intended to tap into various programs, take various steps to bring on various rental products, potentially one could argue that it applies to land use because each of land precludes its use for something else. This Frost Creek site could be used for various types of rental units but the primary intent was not to be applied to applications for land use. Mr. Carter stated number 5 is relevant, it recognizes the economy is seasonal workers, for permanent residents there needs to be more of a public commitment of efforts and resources which should be on the shoulders of the private entity. To the extent that Frost Creek is generating seasonal employment this policy would suggest they provide housing for those employees. Mr. Sands stated since the golf course is a central component of the project that is how they would see the seasonal aspect of the project. Mr. Carter referred to number 5, new developments would set aside a percentage of the units for the different incomes and implement that policy. Mr. Carter referred to number 11, "there is a need to segment a portion of the housing market to protect local residents from having to compete with second home buyers. Where public assistance or subsidies are provided for housing there should generally be limits on appreciation as well as residency requirements." He stated in the Frost Creek proposal the applicant indicated they did not wish to have deed restrictions so this policy does not apply to this proposal. Mr. Ferguson asked on balance isn't it true that there is a weighing and balancing of all policies. Mr. Carter answered yes. Mr. Ferguson asked if one particular program is required for any single project. Mr. Carter it would be better to look at all of the policies. Mr. Sands asked what was staffs recommendation regarding affordable housing. Mr. Carter stated staffhas several recommendations. Chairman Stone asked if Mr. Carter sees the plan change from sketch plan to preliminary plan. Mr. Carter stated that was correct. Mr. Sands referred to exhibit E8, staff recommendation, Mr. Carter clarified the difference between the planning division and the housing division. Staff has stated this application is not in conformance with the housing requirements. Mr. Sands referred to page 7 of Exhibit E-8. Mr. Carter stated staff has determined that this application is not in compliance with affordable housing. Mr. Sands asked about any changes between sketch plan and preliminary plan. 4 10-30-2000 Mr. Carter answered no but he has not followed every detail ofthis proposal. He stated affordable housing has not changed significantly. Commissioner Phillips asked if Mr. Carter was aware that deed restricted units were deemed unlawful in a Telluride case. Mr. Carter stated he was aware of the court case but that would be a question for County legal staff. Commissioner Phillips asked about Mill Park and if it was to be applied to Frost Creek. Mr. Carter stated he has had discussions with the applicant. Traditionally when applications are proposed staff does not normally look off site. There are no provisions at this point for those units to be ear marked for the Frost Creek development. It is not significantly tied to Brush Creek. Commissioner Phillips asked about the commercial development. Mr. Carter stated there is a square footage of proposed commercial and how many employees they are projecting. He stated there is survey work going on around the County and a firm in Boulder provides on-going information. Commissioner Phillips asked about looking at Cotton Ranch. Commissioner Phillips asked Mr. Sands about the questions being asked and if the same questions would apply to Eagle Ranch and would they be positive. Mr. Sands answered yes they could all be positive. Chairman Stone questioned the appropriateness of having one witness rebutting another witness. Mr. Sands stated at Eagle Ranch they are providing 12% of their units for affordable housing and Providing deed restricted units near the community center. There will be deed restrictions. The Telluride case only applies to rental units. Chairman Stone asked if Eagle Ranch adheres to all of that criteria. Mr. Sands answered all. Commissioner Gallagher moved to adjourn into "Executive Session" to receive legal advice on options of decision for the Frost Creek 1041 application. Commissioner Phillips seconded the motion. The vote was declared unanimous. Time noted at 10:44 a.m. Commissioner Phillips moved to adjourn from the "Executive Session" and reconvene into the regular meeting. Commissioner Gallagher seconded the motion. The vote was declared unanimous. The time was noted at 10:55 a.m. Chairman Stone stated they have finished hearing testimony and he has gone over a lot of the issues and asked the Board if they have any statements at this time. Commissioner Phillips stated this application was deemed to be complete and no one from the Town attended that hearing except Mr. Powell. The Planning Commission did approve the 1041. The Town of Eagle has stated they would approve this and provide water for this development if it fits the Eagle Area Community Plan and the Master Plan. She believes it is important that when an annexation is wanted it should happen. She stated the EACP says there are no resorts. The County did not codify, only the Planning Commission. She stated to put the resort aspect in is biased against Adams Rib. As far as the County Master Plan, it is stated that it is a guide, an advisory document. This 1041 was approved by the Planning Commission. Resort is in the County Master Plan. The Town of Eagle state they are looking out for the citizens of the Town but have hired three attorneys are will take this to court if needed. It will cost the taxpayers even more. They want to make this easier on the Town. Commissioner Gallagher stated these matters belong in the Town of Eagle. The Town is the one that is going to be impacted. The Town and the developer need to get together. Chairman Stone stated he has a list of issues that need to be addressed. He finds the Town of Eagle and Adams Rib Development both have good cases. Those areas needing addressed, commitment to serve or a refusal to serve, the 200 taps which have been promised and paid for, duplication of 5 10-30-2000 services, is it or is it not, complete enough application, location of the wastewater site, the strict adherence to the Master Plan, injury to water rights centering around irrigation, financial burden, growth and is it serving anticipated growth and is there anticipated growth to require additional water and sewer services. There are certainly some statements against Adams Rib in the EACP. It is very interesting that the land planners have a socialist view of the world in saying they do not want outside market forces to control the communities destiny. He also found it biased on page 57, that homes of $160,000 would only meet an expansive section of affordable housing. At the same time he believes that Adams Rib has been very difficult to work with. They have been un-yielding and maximizing profit. He would like to see a couple of things happen in order to facilitate judicious and responsible actions between the Town and Adams Rib Development Company. He directed staff to complete the revisions of the 1041 Regulations, changing some of the shall's to should's. Secondly, as originally suggested when the EACP was adopted it was to be updated on a more regular basis. He would like staff to immediately update that plan. He stated the Board would like the Town and Adams Rib to resolve the situation. According to the County's 1041 Regulations, Section 6.01.26, the Commissioners can take up to 60 days to require further information from the applicant. If the Board makes that motion that would take them to December 29th, then Commissioners can then take up to120 days to come to their final conclusion, which would take to April 28, 2001, reminding both sides there are no guarantees in this world. He would like the County to hire and pay for a professional mediator to work with the Town of Eagle and Adam's Rib. He mentioned Barbara Green, to facilitate the responsible actions, which was questioned by Mayor Dean, to have the opportunity to work with the applicant, the fiduciary interest would be neither the applicant's or the Town's. He stated he believes by the end of April there could be a solution. If by the 29th the parties have not made any progress and they do not show some serious progress, the County would make a decision on the 29th of December. That is his suggestion. Commissioner Phillips stated she would like to make it easier for the Town of Eagle. Chairman Stone stated the purpose of the mediation is not just for Frost Creek. He stated it was close at one time to annexation. Commissioner Phillips stated she would like to see this happen between Town of Eagle and Adams Rib. She realizes it is a hardship on the Town of Eagle. Maybe the Board could meet sometime in November for a progress report. It is important to look at the EACP to tweak both those plans and make those work. She suggested two meetings, one in November for a progress report and one in December. Commissioner Gallagher stated this belongs with the Town of Eagle. In order for it to work it will require a willingness to make it work and would like to see significant progress by the end of December. He agrees with Commissioner Phillips regarding a progress report in November. He stated he is willing to spend money on a mediator. Chairman Stone stated he recognizes both parties will have to speak with others. This is a sincere offer and he hopes both parties take it as a sincere offer. Mr. Sands asked if the afternoon session would also be tabled this afternoon. Chairman Stone stated that file would also be tabled. He stated the Board is trying to facilitate a resolution to this situation. He stated this can continue to go on for years and it is time for somebody to get serious. Maybe this won't work but a number of people say this should go back to the Town. There needs to be a more serious attempt. There should be no surprises. Everyone needs to be honest. Adams Rib and the Town need to show a real interest in getting this thing done. Mr. Ferguson stated they will have to consult with Mr. Kummer but requested it be the 22nd of December rather than the 29th of December. Chairman Stone stated that would be okay. The findings of fact would still be due this afternoon. He stated he still needs further information as stated above. Mr. Cloyd stated he has a scheduled meeting tomorrow. He stated the owner may not want to go back to the Town of Eagle. He may want a decision from the Commissioners. 6 10-30-2000 Chairman Stone stated they can make a request to discuss it further but he is not going to wait until tomorrow. Mr. Sands stated the Town Board cannot be present tomorrow. Commissioner Gallagher moved to continue file number 1041-0030, Adams Rib Frost Creek, and all attending files, for a period not to exceed 60 days, to December 18, 2000 for the purpose of gathering additional information, during which time the County will offer the service of a mediator to negotiate discussion between the Town of Eagle and Adams Rib. The County will pay for this mediator. Further a progress report will be submitted on November 27th. Commissioner Phillips seconded the motion. The vote was declared unanimous. Consent Agenda Chairman Stone stated the next item was the consent agenda as follows: A) Approval of bill paying for week of October 30, 2000, subject to review by County Administrator B) Approval of payroll for November 2, 2000, subject to review by County Administrator C) Resolution 2000-148, regarding final release of collateral and termination of the warranty period for St. Clare of Assisi Learning Center, Phase B D) Eagle County Sheriffs Office Block Grant E) Change Order No.1 to the Landfill Road Chip Seal Contract F) Resolution, conferring Power of Attorney up the Attorney's Office to draw on Letter of Credit No. 04075634-01, in the amount of $2,000 for the account of Condon Construction, Inc., drawn on Alpine Bank, Carbondale, for Road Cut Permit No 2599, to expire November 3, 2000 G) Resolution 2000-149, conferring Power of Attorney up the Attorney's Office to draw on Letter of Credit No. SCLDDEN00211, in the amount of$36,188.00 for the account of Woods tone BWAB Commercial Partners, drawn on U.S. Bank, Denver, to expire November 6,2000, Edwards Village Center, Lots 6 & 7 H) Agreement regarding ditch reconstruction and easement modifications between Eagle . County School District RE-50-J and Eagle County I) Fiber Cost Sharing Agreement between Eagle County and Qwest Wireless, LLC. Renee Black, Asst. County Attorney, stated item F needs to be pulled., the proper Letter of Credit has been submitted. Commissioner Phillips moved to approve the consent agenda as presented, pulling item F. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Matt Gennett, Planner, presented the following plats and resolutions for the Board's consideration: AFP-OOI02. Berrv Creek Ranch. Filine No.2. A Consolidation of Lots 20 and 21. Block 6. He stated this was an Amended Final Plat, the intent of which is to abandon the lot line that currently separates Lots 20 and 21, in order to create one single family lot to be known as Lot 21. He stated staff findings are as shown and asked the Clerk to include them in the minutes 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 7 10-30-2000 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 AFP-OO 1 02, Berry Creek Ranch, Filing No 2, a consolidation of Lots 20 & 21, Block 6, incorporating staff findings. Commissioner Phillips seconded the motion. The vote was declared unanimous. 5MB-00252. Miller's Creek On The Ea~le River. A Resubdivision of Lot 1. He stated this was a Minor Type B Subdivision, the intent of which is to re-subdivide Lot 1 to create two (2), Y2 duplex lots, Lot lA and Lot IB. He stated staff findings are all positive and asked those be included in the minutes, 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 Phillips moved to approve final plat file number 5MB-00252, Miller's Creek on the Eagle River, a resubdivision of Lot 1, incorporating staff findings. Commissioner Gallagher seconded the motion. The vote was declared unanimous. 5MB-00256. Eafitle-Vail Filin~ No.2. Lot 3. Block 4., He stated this was a Type B Minor Subdivision, the intent of which is to re-subdivide Lot 3 into two (2), ~ duplex lots, Lot 3A and Lot 3B. He stated staff findings are all positive and asked they be included in the minutes 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 file number 5MB-00256, Eagle Vail, Filing No 2, Lot 3, Block 4, incorporating staff findings. Commissioner Phillips seconded the motion. The vote was declared unanimous. Adams's Rib Metropolitan District No 1 & 2, Set Hearing Renee Black stated the next item is to set the hearing date for the Adam's Rib Metropolitan 8 10-30-2000 District No 1 & 2. She stated this matter has been rescheduled to November 13,2000 based on when notice was published. The Board concurred to not open the file. Resolution 2000-150, Supporting Adoption of Question 4A Bob Loeffler, Deputy County Attorney, presented Resolution 2000-150 supporting the adoption of Question 4A, Colorado Mountain Junior College District right to retain and spend all revenues, in the year 2000 General Election. Commissioner Phillips moved to approve Resolution 2000-150, supporting the adoption of Question 4A, Colorado Mountain Junior College District right to retain and spend all revenues, in the year 2000 General Election. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Commissioner Gallagher moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Phillips seconded the motion. The vote was declared unanimous. Vail Valley Charitable Fund Earlene Roach, Liquor Inspector, presented a special events permit application for the Vail Valley Charitable Fund. She stated this event is for November 11,2000 from 6:00 p.m. to midnight. This application is in order and all fees have been paid. Kate Carey, applicant, stated this is a first time event. She stated this is to benefit Portfolio Raez who cut off his thumb and has had terrible complications. It is a one time thing. Commissioner Gallagher asked about the nature of the event. Ms. Carey stated it is a dance and there will be two bands, there will be beer and sodas for sale and a $25.00 cover charge. Chairman Stone asked about security and TIPS trained individuals. Ms. Carey stated the Board of Directors will be the servers. She stated she has had some experience in this matter. Chairman Stone asked if this organization had sufficient people to handle this event. Commissioner Phillips moved to approve the special events permit for the Vail Valley Charitable Fund for November 11, 2000 from 6:00 p.m. to midnight 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. Signing Ceremony with the National Guard Jim Fritze, County Attorney, stated in order for the Board to sign this agreement, the County must purchase the ground under the National Guard Hangar, then enter into a 70 year lease for a grand amount of $1 0.00. The National Guard will make improvements which are needed by the Guard and the Airport. Joel Best, National Guard Colonel, stated this has been a six year process and they are excited to stay in Eagle County. They do have a lot of value to add to the community. 9 10-30-2000 Chairman Stone stated this is a great occasion for Eagle County and hoops have been jumped through but the benefit to Eagle County and Western Colorado is immense. He is pleased that Eagle County can help provide a base for the National Guard. The Guard has been there to help with several items including search and rescue operations. He stated the County is proud to have them here. Commissioner Gallagher agreed with everything stated by the Chairman and he hopes they will be here for 70 years. They are good for the people of Eagle County and the mountainous areas of Colorado. Gary Brown, Attorney, stated they are excited with the lease. Commissioner Gallagher moved to approve the ground lease between Eagle County and the State of Colorado, Department of Military Affairs and authorize the Chairman to sign the lease. Commissioner Phillips seconded the motion. The vote was declared unanimous. General Mason Whitney stated it pleased him that the Board thought this site was a benefit to Eagle County. He stated the Board should rightly be proud that this organization is part of Eagle County . Chairman Stone questioned a new roof. Mr. Best stated the new roof is going on this Wednesday. Commissioner Phillips suggested the first week in December. Mr. Fritze stated this property will need to be annexed into the Town of Gypsum and he has a pre-annexation agreement with the Town of Gypsum. ZC-00031 & SMA-00009, Nystrom Ranch Jena Skinner, Planner, presented file numbers ZC-00031 and SMA-00009, Nystrom Ranch. David and Nancy Nystrom are applying for a Minor A type file subdivision to subdivide their 9.474 acre lot into 3 lots. The lots are proposed as follows: Lot 1, consisting of 2.1 acres, will contain an existing log home, with existing water and sewer, Lot 2, consisting of 3.3 acres, will allow a new single family dwelling, and Lot 3, consisting of 4.1 acres, will also allow a single family dwelling. A new drive will provide access for all lots; all water and sewer will be individual well and septic. Ms. Skinner stated the applicant has requested this matter be tabled to November 6,2000. Commissioner Gallagher moved to tabled file numbers ZC-00031 and SMA-00009, Nystrom Ranch, to November 6, 2000, at the applicants request. Commissioner Phillips seconded the motion. The vote was declared unanimous. PDP-00015, ZC-00035, Adam's Rib - Frost Creek Chairman Stone introduced the above named files and included VIS-0012 Frost Creek Variance From Improvement Standards. He stated the Board was unable to deliberate and have continued the files heard this morning to December 18,2000. Boots Ferguson stated they spoke with Mr. Kummer and with respect to the proposal put forth by the Commissioners, Mr. Kummer will give his full support for this effort and will do anything they can to move this forward. Chairman Stone asked if the Town has any comment. Mr. Powell stated he has a call into the Mayor but has nothing to report. Chairman Stone asked Jim Fritze for his guidance in going forward. Mr. Fritze stated we now are in the armistice stage. These files are dependent on the results of the 1041 hearing. He suggested they be continued to December 18, 2000 at which time they can be reset for hearing. Chairman Stone asked for a motion for all three files to continue them to December 18, 2000 for resetting of the hearing date. He stated this must be done at the applicants request and the applicant will 10 10-30-2000 complete the request. Commissioner Phillips moved to continue PDP-00015, ZC-00035, and VIS-0012 for December 18, 2000. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Mr. Ferguson asked if they should work through Mr. Fritze's office. Chairman Stone stated they have asked Mr. Fritze to determine a time line. They also have to coordinate with Barbara Green. Mr. Fritze stated he attempted in contemplation of this to contact Barbara Green and has left her a message. He will discuss this with her and attempt to have a conference call with Mr. Ferguson, Mr. Sands and Ms. Green. Chairman Stone stated they will try to come up with a game plan so that when the Town Board is able to meet they will have as much specificity as possible. Willie Powell stated the time line is certainly critical and there are some regulatory requirements that meet with the time line. He stated that if there are any Master Plan changes he requests they meet the full public hearing process with public input. He stated they are bound by certain requirements and must remain in compliance. Chairman Stone stated he doesn't want the County to do anything to slow down the process and hopes that the Town can pick up where they left off. Mr. Powell stated they do not have any active annexation requests and there are time lines that must be followed after submitted. Commissioner Gallagher stated the time for the first hearing does not limit them from looking at a pre- annex hearing. Mr. Powell stated he would. Commissioner Phillips stated that Mayor Dean stated if they would just take the annexation for Eagle Ranch they could move forward. Chairman Stone stated he would really hope that they could do away with the regulatory talk. He stated there are certain things that can be done and certain things that can be worked on. Mr. Powell stated he just asked that their regulatory requirements be considered in the time line. Mr. Fritze spoke to file 1041-0033 The Ranch, Adam's Rib and asked it be tabled to December 18,2000 for hearing setting. Commissioner Gallagher moved to table 1041-0033, The Ranch until December 18,2000. Commissioner Phillips seconded the motion for discussion. In discussion, Commissioner Phillips stated she would like to get these finalized. Chairman Stone called for the question on the motion. The vote was declared unanimous. Mr. Fritze stated they will have a setting for the Metropolitan District. Chairman Stone asked if they need to be present tomorrow morning at 9:00. They agreed it would not be until 11 :00. There being no further business to be brought before the Board the meeting was adjourned until October 31,2000. Attest: Clerk to the B ~~.~ Chairman 11 10-30-2000