HomeMy WebLinkAboutMinutes 04/10/2001
PUBLIC HEARING
APRIL 10,2001
Present:
Tom Stone
Michael Gallagher
Arn Menconi
Renee Black
Jack Ingstad
Earlene Roach
Chairman
Commissioner
Commissioner
Acting 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 the week of April 9, 2001, subject to review by County
Administrator
B) Approval of the minutes of the Board of County Commissioners meeting of March 27,
2001
C) 2001 Chip Seal Project
D) 2001 Overlay Project
E) Contract Amendment Number One with Barnard Dunkelberg and Company
F) Resolution 2001-049 Final Release of Collateral and termination of the warranty
period for Edwards Nursery PUD.
Chairman Stone asked the Attorney's Office if there were any changes to the Consent Agenda.
Renee Black, Acting County Attorney, stated there were no changes.
Commissioner Gallagher stated he had offered a correction to the minutes before this meeting
and has read the revision and those have been changed.
Commissioner Gallagher moved to approve the Consent Agenda as presented.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
Plat & Resolution Signing
Joe Forinash, Planner, presented the following resolution for the Board's consideration:
Resolution 2001-047 To Approve The Zone Change And Planned Unit Development
Preliminary Plan For Mt. Sopris Tree Farm pun (File Nos. ZC-00046 and PDP-00020). The
Board considered the zone change and planned unit development preliminary plan request on March
20th, 2001. He stated staff has received a letter from the Town of Basalt, dated April 9, 2001.
Commissioner Gallagher stated he believes that letter pertains to the final plat being heard this
afternoon.
The Board concurred to review the letter this afternoon at the final plat hearing.
Commissioner Menconi moved to approve the Resolution 2001-047 for a Zone Change and
Planned Unit Development Preliminary Plan for Mt. Sopris Tree Farm, file numbers ZC-00046 and
PDP-00020, incorporating the findings from the original hearing on March 20,2001.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
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Eagle County Core Services Plan
Kathleen Forinash, Health & Human Services Director, stated the next matter was the Eagle
County Core Services Plan for 2001-2002.
Kathy Craig, Adult and Family Services Manager, stated the request for today is for continuation
funding. This is a program that the State mandates for various services which have been detailed in a
handout, which includes various counseling and independent living skills, some hard services, mental
health services and drug abuse services that they do each year to help families who are at eminent risk of
out of home placement to preserve the families and reduce the out of home placement time. This is a
funding source they have received each year for a number of years. They have made an addition this
year asking for some assistance with independent living skills. She stated in the past they have not had
youth who qualified for this program but they do have seven youth who may need that this year. She
stated they will be applying for 100% funding from State. She stated they serve approximately 70
families per year, approximately 40 per month receive services.
Commissioner Menconi asked how the youth are referred.
Ms. Craig stated the youth come to them with referrals of abuse and neglect or youth in conflict.
They do the investigations and determine the situation that is happening with the family. If the youth is
at eminent risk of out of home placement, meaning they need services to intervene in the family situation
or the youths behavior to avoid that, they would qualify for these services.
Commissioner Menconi asked if they come through Health and Human Services first or if they
are recommended by the District Attorney's office.
Ms. Craig stated they go through Health and Human Services.
Ms. Forinash stated they are asking the Board to approve the application for funding through the
Core Services Program for the year June 1, 2001 through May 31, 2002.
Chairman Stone asked if the cost to the County would be the $5,464.00 in County matching
funds. That is out ofa total of$115,826.00.
Ms. Forinash stated that was correct.
Commissioner Gallagher asked ifthe $5,464.00 was in the budget.
Ms. Forinash answered yes.
Michael Cacioppo, area resident, stated he could not sit here and listen to this garbage. He stated
there needs to be some facts on the table about what these people do. He stated they damage families.
How would the Board like to get a telephone call on a Friday afternoon about 4:15 p.m. and be told that
there is going to be a decision made about your children. There will be two or three lawyers there
against you and these people there against you and you have to drop everything that you are doing to go
to Court and hear false charges being made against you because they do not do their homework. He
stated he has had it happen to him. If he had not dropped what he was doing a decision would have been
made without him. It's called an "ex-partae action", where they literally go into Court with all their
power and they do not have to have you present. They can make the decision without any due process of
law whatsoever. He stated fortunately they ran into a Judge who said he was at least going to make a
telephone call and see if he could get the father to come in. Two hours later, after having to defend
himself against ridiculous charges with one government lawyer, one government paid for lawyer and
these people, he won even though he was totally unprepared. Now they want to increase the funding so
they can damage more families. The results of their work has lasted for years. He requested before the
Board funds another nickel to these nitwits, who abuse the constitution.
Commissioner Gallagher interrupted Mr. Cacioppo and asked him to not make slanderous
remarks about County staff please.
Mr. Cacioppo stated the Board should do their homework before they sit here and grant more
money. They did not do their homework and if the Board grants more money to them, the
Commissioners are not doing their homework. He asked them to walk in somebody else's shoes for ~ a
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mile to find out the damage that these people cause. If they do not, they are just as guilty as they are. It
is just another "we are doing it for the kids" nonsense. This is not for the kids. It is for continuing the
power base so that these people can continue to do the damage that they do. He stated ifthe Board has
any questions he would be glad to answer them. He also stated if the Health and Human Services Staff
has anything to state he would be glad to defend that.
Commissioner Gallagher stated it is not appropriate to discuss any given case at this hearing. He
stated he has been on the other side of that and has taken children out of homes where it was absolutely
necessary. He called District Court Judges and informed them and have turned them over to Social
Services. He has been at the hearings and has testified to take those children out of parental control
where it was necessary for the good of the child. He stated he would be glad to debate the need for that
on any given occasion. The fact that Mr. Cacioppo won in Court reaffirms to him the fact that it works.
The fact that his children are where they belong.
Mr. Cacioppo asked what would have happened if he was not able to be at that hearing. There is
no due process.
Commissioner Gallagher stated he will not speak to what ifs. His children are with him. The
other thing the Board must consider is that this is a State mandated program. It is not something the
Board can pick and choose what to do and what not to do. He stated he has full faith in the staff. Part of
that is their ability to make mistakes and learn from them.
Mr. Cacioppo stated he has never received an apology from Health and Human Services. If they
learn from their mistakes that is the least they could have done.
Commissioner Gallagher moved to approve the Eagle County Core Services Plan for 2001-2002.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
Resolution 2001-048, Community Prevention Policy Board
Kathleen Forinash presented Resolution 2001-048, designating the Eagle Valley Youth Coalition
as a Community Prevention Policy Board.
Commissioner Gallagher asked how long does the grant last to accomplish all of this.
Ms. Forinash stated the expectation is that this project will be completed within five years.
Commissioner Menconi moved to approve Resolution 2001-048, designating a Community
Prevention Policy Board.
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 Eagle County Air Terminal Corporation.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
Commissioner Gallagher moved to adjourn as the Eagle County Air Terminal Corporation and
reconvene as the Local Liquor Licensing Authority.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
Liquor License Consent Agenda
Earlene Roach, Liquor Inspector, presented the Liquor License Consent Agenda for April 20,
2001 as follows:
A) Pocantico Pizza
Blue Moose Cafe
This is a renewal of a Hotel & Restaurant license. This establishment is
located in the village at Beaver Creek. There have been no complaints or
disturbances during the past year.
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B) Stasmore Inc
The Shortstop
This is a renewal of a Tavern license. This establishment is located along
Highway 82 and El Jebel Road. There have been no complaints or
disturbances during the past year.
C) Eagle-Vail Metropolitan District
Mulligan's at Eagle-Vail
This is a renewal of a Hotel & Restaurant license with optional premises.
This establishment is located in Eagle-Vail on Eagle Drive next to the
golf course. There have been no complaints or disturbances during the
past year.
D) Ti Amo, Inc.
Ristorante Ti Amo
This is a renewal of a Hotel & Restaurant license. This establishment is
located along Highway 6 in Eagle-Vail. There have been no complaints or
disturbances during the past year.
E) Alpinista Pizzeria, Ltd.
Alpinista Pizzeria
This is a renewal of a Hotel & Restaurant license. This establishment is
located in the Riverwalk Center in Edwards. There have been no
complaints or disturbances during the past year.
Ms. Roach stated she would like to pull item B, renewal of a tavern license for Stasmore, Inc.,
dba/The Shortstop. She related she would like to investigate a couple of disturbances.
Commissioner Menconi moved to approve the Liquor License Consent Agenda for April 10,
2001, as presented, pulling item B.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
Lodge at Cordillera
Earlene Roach stated the next matter was a managers registration for the Lodge at Cordillera has
been withdrawn and will be resubmitted with a new application.
Eagle-Vail Cafe
Earlene Roach presented a renewal of a hotel and restaurant license for Alsant, LLC, dba/Eagle-
Vail Cafe. She stated this matter is being scheduled before the Board as there were some Environmental
Health issues that needed to be addressed before this license was renewed. She stated Bill Carlson,
Environmental Health Inspector, sent a memo stated most items have been taken care of and the
remainder are scheduled to be corrected in May. Sandra Allen, owner, was present.
Ms. Allen stated Mr. Carlson has a new way of doing inspections for them. She stated she
cannot dig up her floor to do new plumbing. She stated she would like to ask she be allowed to leave
her bar plumbing going into the floor. If she has to correct this she will have to sell the business.
Chairman Stone stated these concerns and requirements are a part of the Health Department.
Ms. Allen stated some of the things she is being asked to do will put her out of business. She
stated she cannot afford to do a whole new ventilation system. She stated she will clean out the current
one. She will put in new tiles that have plastic that they can wipe down.
Chairman Stone stated he spoke with Ray Merry, Director of Environmental Health, yesterday
who related they could not be present at today's hearings. He also related the applicant had really
worked hard and all those issues were resolved.
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Ms. Allen stated they have resolved all the issues with the exception of two issues, the plumbing
and the ventilation. Any issues that have to do with safety have been corrected.
Commissioner Gallagher moved to approve the renewal of a hotel and restaurant license for
Alsant, LLC, dba/Eagle-Vail Cafe.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
Commissioner Menconi moved to adjourn as the Local Liquor Licensing Authority and
reconvene as the Board of County Commissioners.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
Edwards Metropolitan District, Sidewalk
Chairman Stone stated this Board previously had an application from the Edwards Metropolitan
District which was supported by the Homestead Homeowners Association to put in place a sidewalk. He
stated the problem at the time was that the request did not meet the requirements of the Land Use
Regulations. The Board decided unanimously to reject the application. He instructed staff to reconsider
that application and see if the applicant is still interested in the sidewalk and if there might be a different
decision from the current Board.
Commissioner Gallagher stated he agrees with that instruction and reiterated sidewalks are a
safety issue.
PDF -00062, Mt. Sopris Tree Farm
Joseph Forinash presented file number PDF-00062, Mt. Sopris Tree Farm. He stated this was the
development of a 124.31 acre site southwest of the intersection ofEl Jebel Road and U.S. Highway 82
which would include a number of active and passive recreation areas, pedestrian paths, a protected
riparian corridor, an interpretive trail, fishing access to the Roaring Fork River, an approximately 15,000
square foot government services facility, and other public uses in existing structures.
The chronology is as shown on staff report and as follows:
June 1998 - The Mt. Sopris Tree Farm Community Park Master Plan was prepared by the Town
of Basalt providing a Community Plan representing a vision for the use of the site.
July 2000 - The Eagle County Board of County Commissioners approved a PUD Sketch Plan
for the proposed development.
March 2001 - The Eagle County Board of County Commissioners approved a PUD Preliminary
Plan
Referral responses are as follows and as shown on staff report:
All referral responses have been satisfactorily addressed.
Staff findings are as shown on staff report and as follows:
Construction Plans. A condition of approval of the Mt. Sopris Tree Farm PUD Preliminary Plan
is that a complete set of engineering and construction plans be provided which are satisfactory to the
County Engineer. Construction plans, which satisfy all of the requirements of the Land Use Regulations,
have not been completed and made available. However, at the discretion of the Board of County
Commissioners, the final plat may be approved with an appropriate condition that complete construction
plans for each phase of development, which do meet all ofthe requirements of the Land Use
Regulations, be provided to the County Engineer prior to construction of each of the respective phases.
To achieve this end, Staff recommends, as a condition of approval of this final plat, that prior to
construction of each of the phases of this development, complete construction plans for each of the
respective phases be provided which the County Engineer has determined meet all the requirements of
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the Land Use Regulations.
Pursuant to Section 5-280. B.5.b(3). Final Plat for Subdivision - Action by the Board of
County Commissioners. of the Eagle County Land Use Regulations, the following findings are made:
The Final Plat DOES conform to the approved Preliminary Plan for Subdivision for the Mt.
Sopris Tree Farm Planned Unit Development, and
Pursuant to Section 5-280.B.3.e, Subdivision Standards, of the Eagle County Land Use
Regulations, the following findings are made:
(1) Consistent with Master Plan. The proposed subdivision IS consistent with the Eagle
County Master Plan and the FL UM of the Master Plan;
(2) Consistent with Land Use Regulations. With the recommended condition, the proposed
subdivision WILL comply with all of the standards of this Section and all other provisions of these
Land Use Regulations, including but not limited to, the applicable standards of Article 3, Zone Districts,
and Article 4, Site Development Standards;
(3) Spatial Patterns Shall Be Efficient. The proposed subdivision IS located and designed to
avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require
duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development.
(a) Utility and Road Extensions. Proposed utility extensions ARE consistent with the utility's
service plan. Proposed road extensions ARE consistent with the Eagle County Road Capital
Improvements Plan.
(b) Serve Ultimate Population. Utility lines ARE sized to serve the planned ultimate
population of the service area to avoid future land disruption to upgrade under-sized lines.
(c) Coordinate Utility Extensions. Generally, utility extensions ARE allowed only when the
entire range of necessary facilities can be provided, rather than incrementally extending a single service
into an otherwise un-served area.
(4) Suitability for Development. The property proposed to be subdivided IS suitable for
development, considering its topography, environmental resources and natural or man-made hazards that
may affect the potential development of the property, and existing and probable future public
improvements to the area.
(5) Compatible With Surrounding Uses. The proposed subdivision IS compatible with the
character of existing land uses in the area and shall not adversely affect the future development of the
surrounding area.
Mr. Forinash showed photographs of the site before and after development.
Chairman Stone stated the general understanding is that if the applicant meets all of the
requirements at preliminary plan there is no discussion at final plat.
Lorie Soliday, area resident, thanked the Board for their consideration and also Commissioner
Gallagher for going over and walking the site. She stated this parcel is important in the mid valley and
they would like to see this property remain open space and recreation. The Willits site has already
become commercial. She stated she has been looking at the number of people who are not opposed to
this site. Most of those live in Missouri Heights and do not have young children. For the people who
are going to be there forever this is an important site.
Commissioner Gallagher stated the Board has received a replacement package and asked if the
conditions were no longer necessary.
A.J. Johnson, Eagle County Sheriff, stated for the Willits sites, he does not like the idea of
driving through the commercial and residential areas and having a stop light at Highway 82 concerning
response times. If there was another access it might be different. It stated he understands the needs of
the citizens of the area. He stated he does not have enough information on the Willits sites. He stated
the Willits site will be in the Town of Basalt and would lend to them being a service agency. He stated
the Tree Farm site lends to some safety issues.
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Chairman Stone stated the Board had a meeting with the Town of Basalt last Wednesday. They
asked the Sheriff to comment as a large part of the facility would be the Sheriff s. They received a letter
from David Lawson speaking to concerns with the Willits site as opposed to the Tree Farm site. There
is some concern with the Willits site. He stated at the meeting with Basalt, they spoke of the costs in
moving the site and what the process would be. They decided they could not just move from one site to
the other, there would have to be some sort of public process. There would be a delay in any
recreational fields being built for at least another year. He stated the Land Use Regulations would
require the plan be sent back to earlier processes. The restrooms and parking lot would also be delayed.
They also tried to clarify the Board's decision. The Board felt as a group, the taxpayers should not have
to pay again for something they have already paid for. He stated they received a letter today from the
Town of Basalt. The Town nor the developer have changed their original offer. Rather they reiterated
their initial offer. This Board has taken the offer of the Willits in earnest. He stated he is comfortable
with proceeding with the Tree Farm.
Herb Weisbard, area resident, asked had the County investigated additional water rights for the
Tree Farm property. He also asked about the $70,000.00 in kind services for the tree farm, and asked
other items than the baseball and soccer fields be considered. He suggested helping the BMX field and
the skateboard ramps roof.
Ms. Black stated currently the County does have water rights. The Forest Service has ditch water
rights which the County is currently in negotiations with them to switch ditch and well water rights.
There are also other sources of water available. She stated there is also other water available such as
Mid Valley Metropolitan District will sell ditch water rights if necessary.
Chairman Stone stated the original intent for the $70,000 was for ball fields. He stated the Board
will consider other items.
Commissioner Gallagher thanked the members of the public for attending the hearing. He
quoted a sentence from the letter sent by the Town of Basalt "it appears that given your time frame and
financial requirements, the Town of Basalt is unable to meet your request". He stated they very seriously
considered the Willits property but he cannot see spending additional taxpayers money.
Ms. Soliday agreed she does not want to pay for something twice. In looking at the budgets
would the savings in infrastructure off set the 2.4 million. It seems as though the Town of Basalt has
outlined some savings.
Commissioner Gallagher stated the Town speculated on the savings and the Board can not make
a decision on speculations.
Ms. Soliday stated she found out the costs were calculated on linear feet.
Commissioner Gallagher stated one of the suppositions made by the developer, he believes, that
fiber optics would cost millions to be brought to the Tree Farm site. In fact, it is just a couple of
thousand.
Ms. Soliday spoke to a cost analysis and related the citizens will be very patient in waiting for an
analysis for both sites to get the best possible project. She stated there could feasiblely be an emergency
access.
Commissioner Gallagher stated they would not be allowed to have an emergency access.
Commissioner Menconi thanked the members of the public for all the time they spent on this
project. He stated for the past two months there was a lot of work put into making an offer to the Town
of Basalt. He stated he has not seen an answer. He stated in the letter dated April 9, 2001, the Town
points out they would like to see further action, i.e. an appointment of a Board of Directors be created to
oversee the Tree Farm.
Mr. Forinash stated any of the actions pointed out in the letter can be done currently in the PUD
with the exception of the first item which could involve expanding the playing fields. It would then be
necessary to bring those items back before the Board.
Commissioner Menconi stated he would like to know how the Board feels about these items.
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Chairman Stone asked ifhe was suggesting he read parts ofthe letter into the record as follows:
1) Do no preclude the expansion of the playing fields within the 47 acre active recreation
area. That is not precluded as things stand currently but would take an amendment to the PUD.
2) Require the fields to be ready for play by Spring 2002. He does not know how that can
be required by the Board as there is no recreational district set up.
Commissioner Menconi stated what is being asked is that the Board require the fields be ready at
that time. He suggested a letter be sent to the Town as to the County's understanding ofthese items.
Chairman Stone stated he is committed to the $70,000.00 but has not heard back from the Town
of Basalt as to what they intend to do.
3) Require Eagle County to adequately maintain the playing fields.
Chairman Stone stated he believes they had spoken to the Town of Basalt about helping maintain
the fields and doing their fair share. He stated there needs to be a recreation district formed.
4) Create a situation where a recreation district can be successful. Do not burden it with
conditions of approval that add costs, i.e., the underpass.
Chairman Stone stated that has already been taken care of.
5) Appoint an interim Board of Directors to oversee use ofthe Tree Farm.
Chairman Stone stated he would encourage getting something done with a recreation district.
6) Require future Eagle County developments to mitigate all impacts, including
recreation.
Chairman Stone stated as a governmental entity they can only require certain things. They
cannot require a recreation impact fee.
Commissioner Menconi stated he wanted to make sure they clarify and agree with that portion of
the letter.
Commissioner Gallagher moved the Board approve File No. PDF-00062, Mt. Sopris Tree Farm,
and authorize the Chairman to sign the plat.
Commissioner Menconi seconded the motion. The vote was declared unanimous.
Mr. Weisbard thanked the Board for all the hard work everyone and put in on this project.
Commissioner Gallagher pointed out this was the beginning and asked everyone to not stop their
involvement. This project will need a lot more work.
Mid Valley Metropolitan District Agreement
Rich Cunningham, Director of Facilities Management, presented the Mid Valley Metropolitan
District, Eagle County Mt. Sopris Tree Farm PUD Phase I, Line Extension Agreement. He stated this
will extend the water lines to the Community Building from the South side of the existing Valley Road
right-of-way. It also includes a stub for another hydrant at that site.
Commissioner Gallagher asked about the existing hydrant.
Mr. Cunningham explained there is an existing hydrant currently on the property but the Fire
District required another hydrant adjacent to the building. He stated they will also be extending the
water lines under the parking lot so it will be convenient to continue on and loop the lines in Phase 2.
Commissioner Menconi moved to approve the Mid Valley Metropolitan Distrct, Eagle county
Mt. Sopris Tree Farm PUD Phase I, Administration Building Line Extension Agreement.
Commissioner Gallagher seconded the motion. The vote was declared unanimous.
~~
Chairman
04-10-2001