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Minutes 08/20/2002 PUBLIC HEARING AUGUST 20, 2002 Present: Michael Gallagher Am Menconi Tom Stone Diane Mauriello Jack Ingstad Earlene Roach Chairman Commissioner Commissioner Deputy 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: Executive Session Chairman Gallagher stated the first matter before the Board was an Executive Session. Commissioner Stone moved to adjourn into an Executive Session for the purpose of determining positions relative to negotiations and receiving instructions in connection with such negotiations. Such negotiations relate to a possible operating agreement for the Howard Ditch with SPI Golf, Inc., which is an appropriate topic for discussion pursuant to C.R.S. 24-6-402(4)(e), Colorado Revised Statutes. Additionally for the purpose of receiving legal advice on specific legal questions relating to vested property rights pertaining to water districts commitment to serve letters which is an appropriate topic for discussion pursuant to C.R.S. 24-402( 4)(b). Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn from the Executive Session and reconvene into the regular meeting. Commissioner Menconi seconded the motion. The vote was declared unanimous. Consent Agenda Chairman Gallagher stated the next matter before the Board was the Consent Agenda as follows: A) Approval of bill paying for the week of August 19,2002, subject to review by County Administrator B) Approval of payroll for August 22, 2002, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioners meeting of July 29, 2002 D) Assignment of Certificate of Deposit No. 14432 for Eagle-Vail Metropolitan District for Road Cut Permit Nos. 3134, 3144, 3145, 3146 & 3147 E) Amendment No.2 to the Miller Ranch Berry Creek Intergovernmental Agreement F) Petition for Exclusion of land to Berry Creek Metropolitan District, lots 1 through 7, inclusive and Lots 48 through 64, inclusive of Tract D of the Berry Creek 5th, Miller Ranch PUD G) Petition for Inclusion in the matter of Edwards Metropolitan District for Lots 1 through 7 inclusive and Lots 48 through 64 inclusive of Tract D of the Berry Creek 5th, Miller Ranch PUD H) Deed of Trust to Public Trustee, Security Agreement, financing statement, assignment of rents and leases, and fixture filing from Eagle County, Colorado and Berry Creek Limited Co, to the Public Trustee of Eagle County, Colorado I) Land Lease and Option Agreement between Eagle County and Berry Creek Limited Liability Company 1 08-20-2002 J) Intergovernmental Agreement between County of Eagle and the Town of Leadville for the provision of bus service K) Contract with M.A. Mortenson for replacement of bus wash flooring in Building D, Eagle County Regional Transportation Authority L) Approval of updated Airport Layout Plan (ALP) M) Agreement with Zerox for maintenance for housing copy machine N) Approve and sign Amendment to Contract 001-153-48, between the State of Colorado and Eagle County, amending the date for completion of work under the Energy / Mineral Impact Assistance Project (Beanpole MNT Project) for June 30, 2003. Chairman Gallagher asked the Attorney's Office if there were any changes to the Consent Agenda. Diane Mauriello, Acting County Attorney, stated item K, the contract with M.A. Mortenson Contract needs to be tabled to September 3,2002. Item H, Deed of Trust to Public Trustee, Security Agreement and Financing Statement, Assignment of Rents and Fixture Filing for Eagle County and Berry Creek to the Public Trustee, the Attorney's Office would like to verify all items needed are included and bring that back this afternoon. Commissioner Stone stated he would like to discuss items F & G, exclusion and inclusion into or out of the Berry Creek Metropolitan District. Ms. Mauriello stated this relates to the Berry Creek parcel and is a realignment of that parcel. Commissioner Stone asked why they are wanting to do that. Ms. Mauriello stated it only relates to the housing parcel and the Edwards Metropolitan District will serve the water. Commissioner Stone suggested they ask Ray Merry to appear and discuss the matter further. Chairman Gallagher stated he has questions about the Airport layout plans and asked what is the difference with this and the plan approved previously. Eddie Storer, Airport Manager, stated every project done with the F.A.A. must be accompanied by an updated layout plan. This plan covers four projects. The ALP will be up to date and can be submitted to the F.A.A. Chairman Gallagher stated in looking at the control tower location, south ramp changes, the improvement plan included 1,000 feet additional runway on each end. He does not see that included and also the new location for the tower. He suggested this should be consistent with what was submitted previously. Mr. Storer stated the tower location is noted as 8F. He stated that was added but the extensions are not shown. Chairman Gallagher asked if this should go back and be resubmitted when it is correct. Mr. Storer concurred to pull item L and redo the layout plan. Ray Merry, Environmental Health Officer, referring to items F & G, stated as they recall Berry Creek had enough water to serve the entire property but the Edwards Metro District gave them better deals on the tap fees. Commissioner Stone referred to the augmentation process with the Edwards District and will not have to go through it with Berry Creek Metropolitan District. Mr. Merry concurred. Chairman Gallagher asked about the difference in cost between the tap fee cost and the augmentation fees. Mr. Merry stated it is his opinion it will be a wash. Commissioner Stone spoke to items H & I and related he would like to table those until later in the day. Commissioner Menconi moved to approve the Consent Agenda as presented tabling item H and I until later in the day and pulling item L, and tabling item K to September 3, 2002. 2 08-20-2002 Commissioner Stone seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Cliff Simonton, Planner, presented the following plats and resolutions for the Board's consideration: 5MB-00304. Fireli~ht Lod~e Condominiums. Tract L. Bachelor Gulch Villa~e. Filine 3. A Type B Minor Subdivision, creating a Final Plat and Condominium Map for 11 condominium units and related common elements. Staff findings are as follows: Pursuant to Section 5-290 (G) (1) ofthe Eagle County Land Use Regulations: 5-290 (G) (1) Standards for Type A and Type B Subdivision (G) Standards. The Board of County Commissioners and the Community Development Director shall consider the following in the review of a Type A Subdivision, a Type B Subdivision, and an Amended Final Plat. Standards for Type A and Type B Subdivision. a) Access, potable water, and sewage disposal on the land to be subdivided are adequate; b. The plat does conform to Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and c. No Improvement Agreement is applicable. Commissioner Stone moved to approve final plat file number 5MB-00304, Firelight Lodge Condominiums, Tract L, Bachelor Gulch Village, Filing 3, incorporating Staff findings. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Board of County Commissioners and reconvene as the Eagle County Air Terminal Corporation. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to adjourn as the Eagle County Air Terminal Corporation and reconvene as the Local Liquor Licensing Authority. Commissioner Stone seconded the motion. The vote was declared unanimous. Vilar Center for the Arts Earlene Roach, Liquor Inspector, presented a transfer of ownership of an Arts License for Vail Valley Foundation and Vilar Center for the Arts Foundation, d/b/a Vilar Center for the Arts. The applicant combined two non profit organizations and therefore have to apply for a new license. The application is in order and all fees have been paid. All applicants are reported to be of good moral character. Also included in this application is a managers registration for Martha Brassel, who was the preVIOUS manager. Kevin Krega, applicant, and Martha Brassel, manager, were present for the hearing. Mr. Krega stated the ownership remains the same, however, a management agreement between Vail Valley Foundation and Vilar Center for the Arts Foundation indicated they both have ownership, therefore a transfer of ownership was in order. Commissioner Menconi moved to approve a transfer of ownership of an arts license for Vail Valley Foundation and Vilar Center for the Arts Foundation, d/b/a Vilar Center for the Arts. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Menconi moved to approve the managers registration for Martha Brassel, Vail Valley Foundation and Vilar Center for the Arts Foundation, d/b/a, Vilar Center for the Arts. Commissioner Stone seconded the motion. The vote was declared unanimous. 3 08-20-2002 Piney River Ranch Earlene Roach presented a transfer of ownership of a hotel and restaurant license with optional premises for D & L Ranches, LLC., d/b/a Piney River Ranch. She stated this application is in order and all fees have been paid. All applicants are reported to be of good moral character. Also included in this application for a managers registration for Tom McNeil. Mr. McNeil was manager for Mulligan's at Eagle-Vail for several years. Linda Hansen, applicant, was present for the hearing. She explained the application to the Board. Commissioner Stone moved to approve the transfer of ownership of a hotel and restaurant license with optional premises for D & L Ranches, LLC, d/b/a Piney River Ranch. Commissioner Menconi seconded the motion. The vote was declared unanimous. Commissioner Stone moved to approve a managers registration for Tom McNeill, D & L Ranches, LLC, d/b/a Piney River Ranch. Commissioner Menconi seconded the motion. The vote was declared unanimous. Rancho Viejo Restaurante & Bar Earlene Roach presented a renewal of a hotel and restaurant license for Rancho Viejo, Inc., d/b/a Rancho Viejo Restaurante & Bar. She requested this matter be tabled to August 27,2002, at the applicants request. Commissioner Menconi moved to table the renewal of a hotel and restaurant license for Rancho Viejo, Inc., d/b/a Rancho Viejo Restaurante & Bar to August 27,2002, at the applicants request. Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Menconi seconded the motion. The vote was declared unanimous. AFP-00123, Adams Minor PUD Jena Skinner, Planner, presented file number AFP-00123, Adams Minor PUD. She stated the intent of this plat is to reconfigure both the lot line between Lots 1 and 3, and the building envelope on Lot 3. Staff findings are as shown on staff report and as follows: Pursuant to Section 5-90.G.2. Standards for Amended Final Plat: a. Adjacent property. Review of the Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. The follOWing adjacent properties have been notified: Steven & Elizabeth Pettit, Robbie, Joanne & Kenneth Davis, Eric Willsky & Jesse Grossman and the Forest Service. No letters of opposition have been received by the Community Development Department, from any of these owners, prior to the distribution of this Staff report. b. Final Plat Consistency. Review ofthe Amended Final Plat has determined that the proposed amendment IS NOT inconsistent with the intent of the Final Plat. c. Conformance with Final Plat Requirements. Review ofthe Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. 4 08-20-2002 d. Improvement Agreement. Proposed improvements and/or off-site road improvements agreement ARE adequate. e. Restrictive Plat Note Alteration. DOES NOT Apply Chairman Gallagher questioned the moving of the lot line. Ms. Skinner stated this change only affects lots I and 3. Julie Platt, representing the applicant, stated there has been a question on the size ofthe building envelope. She stated the reason for that is to allow for the well, septic, house, out buildings, etc. to be included within the building envelope. Chairman Gallagher asked for public comment. Joann Davis, area resident, stated she was present representing the neighbors. She stated they all know each other in this area and related it is a small neighborhood. She stated they are concerned with the largeness of a building envelope. There is a grandfather clause indicating subdivision of the properties can only be done once. She stated this is criteria for requesting a building envelope this large. They asked ifit is consistent with the surrounding neighborhood. She stated the Pettit's have lived their all their lives. She stated they are concerned that the builder will build a humongous home. She stated with that large of a building envelope there is no guarantee the home will be along the same size as others in the neighborhood. Ms. Davis pointed out on presented pictures where her home is and where the large building envelope is. She pointed out the old wagon trail and where the ravine drops off. Chairman Gallagher asked the location of her house in the second picture. Ms. Davis pointed out her home. She spoke to the building envelope being 50 feet from her lot line. She questioned the sewer and leech field. She is concerned with gravity. She questioned another well. According to County Regulations there must be 100 feet between the wells and septic systems. She spoke to easement issues and an old road that runs through the properties. With the extension request, it would go through 50 to 75 feet of Pinon trees. She stated they have positive drainage. She stated a large home would be a detriment to the neighborhood and would be a negative impact. Ms. Platt stated they will not be the developer. She stated all items have been addressed. She stated they have to separate the well from the leech field by County Regulations. Commissioner Stone stated he is not sure with the change in the lot line and building envelope that some of the concerns were not already in place. He stated whether they change the lot line or make a larger building envelope they would still have to put in a septic and a well and it will still run down hill. Ms. Skinner stated there is no regulation in Eagle County that requires a well or a septic within the building envelope. Commissioner Stone asked what has changed to be of concern to the neighbors. Ms. Davis spoke to the leech field and there being a lesser amount of space that is usable. The envelope now encroaches on the trees and they are concerned about where the leech field will be and concerned it will drain directly onto her home. Commissioner Stone stated he does not see the difference as a septic could be placed in the same location. He spoke to the size of the home. He stated the old building envelope was 10,000 square feet and could also have housed a 20,000 square foot home. Ms. Davis stated she understood the old lot lines were also going to include the well and septic. Now they still are but have an awful lot of space for a home. Commissioner Stone asked about the size of lot 3 before the new lot line. Ms. Skinner stated 4.28 acres. Ms. Platt stated Lot 1 is used as a summer home. Commissioner Menconi spoke to the removal of the old lot line creating the lower line. He 5 08-20-2002 questioned the building envelope for lot 3. He questioned the building envelope for Lot 2. Ms. Skinner stated it is comparable. Commissioner Menconi asked why they want to enlarge the envelope. Ms. Platt stated they want to include all wells, septic field, house structure and out buildings within the building envelope. Commissioner Menconi asked for the true intent of increasing the building envelope. If the family is intent on preserving the lots for estate planning, Ms. Platt stated they may in the future deed the properties to their children and they are also requesting the change for their own protection. Commissioner Menconi asked if there was a commitment to sell the property. Ms. Platt stated they have helped prepare deeds to the children but they have not been filed. Chairman Gallagher asked if they could do a plat note that all disturbance will be in the building envelope and if there can be another plat note concerning the leech field being on the eastern portion of the lot. Ms. Davis stated that might eliminate some of the trees. Commissioner Stone stated the Board does not know the soils of the property and could be recommending the leech fields be in the worst area. He suggested the details be left to a professional engmeer. Ms. Skinner stated all sewer systems and leech fields must be designed by a professional engmeer. Commissioner Stone stated he believes the engineer will design the system so that it does not affect adjacent property owners. Chairman Gallagher stated he has measured the distance and it is pretty equal to Ms. Davis' house. Commissioner Stone stated the draw of the well is determined by the State Water Engineer. He stated the type of well and how much water is determined by the State. Chairman Gallagher stated the solution is with the water engineer. Commissioner Stone move the Board approve File No. AFP-00123, Adams Minor PUD, incorporating the findings and authorize the Chairman to sign the plat with the addition of a plat note indicating that disturbance, including well and leech field, shall be placed on the plat. Commissioner Menconi seconded the motion. The vote was declared unanimous. Items H & I of the Consent Agenda Diane Mauriello presented item H is a deed of trust, security agreement, financing statement, assignment of rents and a fixture file to the Public Trustee. She stated she now has the correct document and it does include the right to cure so that if there is a default it gives Eagle County the right to step in. Chairman Gallagher asked about the partners in the LLC. Ms. Mauriello stated she does not know all of parties that make up Berry Creek Limited Liability Company. Chairman Gallagher spoke to a conflict of interest with one of the partnership, ASW. Commissioner Stone stated the previous Attorney did not feel there was a conflict of interest. Ms. Mauriello stated anytime a question is raised concerning a conflict of interest it becomes very serious. She stated she agrees there is no conflict as the Colorado Revised Statutes set out specific rules of conduct. Based the those rules she has determined there is no conflict. Chairman Gallagher asked about anything between Eagle County and Berry Creek 5th LLC that . would be a conflict of interest. Ms. Mauriello answered no. Commissioner Stone moved to approve item H, deed of trust, security agreement, financing 6 08-20-2002 station, assignment of rents and fixture filing between Eagle County and Berry Creek 5th LLC, to the Public Trustee. This approval relates also to Item I, Land Lease and Option Agreement between Eagle County and Berry Creek 5ht LLC. Commissioner Menconi seconded the motion. In discussion, Commissioner Menconi stated he has read through the Statutes and believes if Commissioner Stone is receiving financial gain there is a conflict of interest. He asked he recuse himself from and bow out. Chairman Gallagher asked why Commissioner Menconi stated to uphold the integrity of the Board and the people they represent. Commissioner Stone stated he will not be receiving any financial gain from ASW and in this particular situation he is only acting as a transaction broker and Slifer, Smith and Frampton will receive financial gain from Cotton Ranch, not from ASW. He stated as far as appearance it would be like him saying there is a conflict of interest between Commissioner Menconi and Vail Resorts concerning the SOS organization. He does not think that is the case. Chairman Gallagher asked Commissioner Stone ifhe was willing to not participate in these dealings. Commissioner Stone stated he is not as there is no conflict of interest but if it comes up he would gladly do so in the future. Chairman Gallagher called for the question on the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until August 27,2002. Attest: Clerk to the Board 7 08-20-2002