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HomeMy WebLinkAboutMinutes 08/19/03 PUBLIC HEARING AUGUST 19,2003 Present: Michael Gallagher Am Menconi Tom Stone Diane Mauriello Jack Ingstad Earlene Roach Chairman Commissioner Commissioner County Attorney County Administrator Deputy Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Executive Session Chairman Gallagher stated the first matter before the Board was an Executive Session. Commissioners Menconi moved to adjourn into an Executive Session for the purpose of receiving legal advice on specific legal questions concerning potential recreational uses at the Berry Creek/Miller Ranch property and for the purpose of receiving legal advice concerning crown mountain park and recreation district and concerning negotiations and legal advice concerning Tiga Advertising and advertising at the airport as well as legal advice on an open records request concerning Bair Ranch which are appropriate topics for discussion pursuant to C.R.S. 24-6-402(4)(a)(b) and (e). Commissioner Stone seconded the motion. The vote was declared unanimous. Commissioner Stone moved that the Board adjourn from 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 item before the Board was the Consent Agenda as follows: A) Approval of bill paying for the week of August 18, 2003, subject to review by County Administrator B) Approval of payroll for August 21,2003, subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioners meeting of July 29 & 31,2003 D) Resolution 2003-096, for release of Assignment of Certificate of Deposit for Road Cut Permit No. 3018 fir George F. Johnson E) Assignment of West Star Bank Certificate of Deposit No. 6008704, from Denison S. Levy to Eagle County in the amount of $8,000.00, representing a portion of the collateral required by Subdivision Improvements Agreement on the Slater Type A Minor Subdivision F) Assignment of West Star Bank Certificate of Deposit No. 6008604 from H. Charles Slater to Eagle County in the amount of $9,700.00, representing a portion of the collateral required by Sub~ivision Improvements Agreement on the Slater Type A Minor Subdivision G) Assignment of West Star Bank Certificate of Deposit No. 6008504 from H. Charles Slater to Eagle County in the amount of$10,000.00, representing a portion of the collateral required by Subdivision Improvements Agreement on the Slater Type a Minor Subdivision H) Resolution 2003-097, providing this establishment of the Eagle County Open Space Program, Citizens Open Space Advisory Committee and Eagle County Open Space Fund 1 August 19,2003 I) Resolution 2003-098, authorizing support of Basalt Regional Library District to directly submit the question of creating indebtedness of the Basalt Regional Library District, pursuant to Section 24-90-112.5, Colorado Revised Statutes, as amended J) Agreement relating to conditions for construction in the CDOT Right-of-Way in relation to the Eagle-Vail Pedestrian Path K) Resolution 2003-099, Eagle County Airport AlP Project No. 3-08-0020-34, new airfield lighting equipment building, schedule 1 L) Construction Contract and Agreements for the Avon to Dowd Junction Trail Project, Phase I M) Agreement between Eagle County and Elaine Harvey N) Agreement between Eagle County and Glenwood Spring Park and Recreation. Commissioner Gallagher stated he would like item C, the Board of County Commissioners meeting minutes pulled. He stated he would like additional detail added to the minutes. Chairman Gallagher asked the Attorney's Office if there were any changes to the Consent Agenda. Diane Mauriello, County Attorney, requested item H, establishment of the Open Space Program, be pulled and item M, agreement with Elaine Harvey be deleted. She stated item K, the Resolution for the Airport project, the Board may have questions on. Commissioner Stone asked if the Basalt Library District Resolution, item I, had been revised. Ms. Mauriello stated that has been revised to eliminate the statement of support. Chairman Gallagher asked about item K, building a lighting room and it secondarily has to do with an F .A.A. Grant. Rich Cunningham, Director of Facilities Management, stated there are four items to be considered. 1) Accepting the Letter of Recommendation from Washington Infrastructure, recommending the award ofthe bid to Power Electric, the low bidder, in the amount of $440,532.38, executing the Notice of Award to Power Electric. Chairman Gallagher asked whether it included only schedule A or did it also include schedule B. Mr. Cunningham stated this action only included schedule lA, which is the base building and quite a bit of electrical work and software and hardware. He stated schedule IB was to provide fiber link from the new tower to the AARF building. That item was not afforded in this grant and will have to be a separate effort. 2) Notice of Award to Power Electric, 3) authorizing the Chairman to sign the contract when it is received. 4) Execute the Grant for this project in the total amount of$489,152.00, which covers the 90% funding by the F . A. A. for design and construction. Chairman Gallagher questioned the additional $49,000.00. Mr. Cunningham stated the Grant and the County match is a total of $540,000.00. That constitutes a total of $440,000 for construction and $100,000 in design fees. Commissioner Menconi moved to approve the Consent Agenda as amended, excluding items C, H and M. Commissioner Stone seconded the motion. The vote was declared unanimous. Item H, Resolution 2003-097, Citizens Open Space Advisory Committee Walter Matthews, Deputy County Attorney, presented a resolution for providing this establishment of the Eagle County Open Space Program, Citizens Open Space Advisory Committee and Eagle County Open Space Fund. Chairman Gallagher asked about page three, paragraph 4. Mr. Matthews stated the Board instructed him to add something like any recommendations will be approved by the Commissioners. Commissioner Menconi asked about adding the word shall, can or will 2 August 19,2003 Chairman Gallagher suggested open space management and administration shall include recommendation from the citizens or shall be based on or shall be influenced by. Commissioner Stone stated the statement he is referring to does not speak to the open space committee but rather general administration of the open space. Mr. Matthews stated that statement was taken from the original draft resolution from the open space committee. He believes what they were trying to accomplished was that as part of the administration of the open space that recommendations would be made to the Commissioners pertaining to the management. Commissioner Stone suggested moving the statement to page six under section 2. He read the paragraph as it would not read as follows: "The Citizens Open Space Advisory Committee responsibilities may include recommendations to the Commissioners pertaining to open space management and administration." Chairman Gallagher questioned re-wording paragraph B on page 4, re-wording to indicate the Board will make every effort to appoint a member in the business of ranching, and to appoint a member from valley Mr. Matthews read what he has from the meeting as follows: "The Board shall appoint two members each from their respective districts, who are from unincorporated Eagle County. The Board will make every effort to appoint a member in the business of ranching, agriculture and the valley." Commissioner Menconi stated he would like to have the Board appoint two members from their respective districts, one that would be required from unincorporated Eagle County. He stated he would like the Commissioners to have the flexibility to pick those people. Also, Diane Cecala, who championed the open space ballot initiative and members of her group can include that into their document. Chairman Gallagher stated in as much as the Towns and the County are fairly evened out, he recommended the paragraph remain as written. Commissioner Stone stated the Board has worked long and hard on this plan and he believes this is a good document to start out with. He spoke to paragraph B on page 6, section 2, adding the word recommendations on paragraph number four in front ofthe word education. Commissioner Stone moved to approve Resolution 2003-097, providing for the establishment of the Eagle County Open Space Program, Citizens Open Space Advisory Committee and Eagle County Open Space Fund, as amended. Commissioner Menconi seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Joe Forinash, Planner, presented the following plats and resolutions for the Board's consideration: AFP-00171, Cordillera Subdivision, Filing 24, Lots 34 and 35: He stated this was an Amended Final Plat, the purpose of which is to vacate the lot line that separates Lot 34 from Lot 35, and to vacate the building envelope on Lot 35, creating a larger single lot with one building envelope known hereto after as Lot 34. Commissioner Stone moved to approve final plat file number AFP-00171, Cordillera Subdivision, Filing 24, Lots 34 & 35, incorporating staff findings. Commissioner Menconi seconded the motion. The vote was declared unanimous. Resolution 2003-100, To Approve the Special Use Permit for Hidden Treasures Adventures Eagle County File No. ZS-00107. The Board considered the Applicant's request on July 29t\ 2003. Commissioner Menconi moved to approve Resolution 2003-097, approval ofthe Special Use Permit for Hidden Treasurers Adventures, file number 2S-00107. Commissioner Stone seconded the motion. The vote was declared unanimous. 3 August 19,2003 Final Settlement - Ross Concrete, Inc. Diane Mauriello presented final settlement for Ross Concrete, Inc., for construction of a 72 foot wide by 126 feet long concrete foundation for a prefabricated arched truss dome structure at the Eagle County Maintenance Service Center in Gypsum, Colorado. She stated this matter was published and no claims have been received. Commissioner Stone stated he does not ever remember the Commissioners speaking about this project. He stated the building is built and the truss roof is in. He stated the only reason he knew about it was he happens to drive through every year. In order for the Board to know what they are approving when it comes to capital expenditures, he would appreciate a list of capital improvements. Chairman Gallagher stated this matter did come before the Board as he remembers asking about the height of this building. Jack Ingstad, County Administrator, stated in the beginning there was discussion and it was decided to take this item out of capital expenditures. After some time that item was added back in. He stated it was Board action that put that back in the budget. He does not believe there was a lot of discussion before the Board. Mike Roeper, Finance Director, stated this was a list of projects that the Eagle Lease Financing Board approved as part of proceeds of money that was available. Commissioner Stone stated not all three Commissioners sit on that Board. Mr. Roeper stated he does not believe any of the Commissioners sit on that Board. He stated the Board consists of the ECG Director, ECG Board Chair Person, Finance Director and the Road & Bridge Director. He believes Mr. Ingstad to be correct, there was very little discussion on the project. Commissioner Stone asked why they are approving the final expenditure if they are not the ones approving the expenditure. Mr. Roeper stated the Eagle Lease financing portion is a part of the County budget but the process was to approve final settlement as the Eagle Lease Financing Board first the submit it as part of the total County Budget. Mr. Ingstad asked if there was direction from the Board of County Commissioners during the budget discussions to take the money from the Eagle Leasing Corporation. Mr. Roeper stated he does not recall. Commissioner Menconi stated if there was discussion on this project it must have been very limited as he does not recall it. He asked who needs to approve the final settlement. Diane Mauriello stated final settlements are due to contract language that requirement final settlement and publication. She stated she has not separately evaluated those documents. She assumes the contract was with Eagle County and not with ELF. Commissioner Stone stated he does not ever remember the Board of County Commissioners approving this contract. He requested this item be pulled until later in the afternoon for further discussion. If it came from the Leasing Corporation they need to approve final settlement. Chairman Gallagher stated it did come before the Board and there was discussion on the height limitations at the Airport. It was confirmed the building was below the minimum height requirement. Mr. Cunningham stated that is his recollection. He stated the step that was left out was a separate review session. Mr. Ingstad stated he does recall a brief session concerning this matter. The Board concurred to continue this matter until later in the day. 4 August 19,2003 Final Settlement - Palin Equipment Corporation Diane Mauriello presented final settlement for Palin Equipment Corporation, for installation of a vehicle wash equipment for the Eagle County Maintenance Service Center, Gypsum, Colorado. She stated this matter was published and no claims have been received. Chairman Gallagher asked if this was also reviewed by Eagle Lease Financing Corporation. Mr. Cunningham answered yes. The Board concurred to continue this matter to later in the day. Final Settlement - B & B Excavating, Inc. Diane Mauriello presented final settlement for B & B Excavating, Inc., for labor, tools, materials and services to complete construction ofthe temporary parking lot, berms along the new road, irrigation system and construct three multi-purpose ball fields on Tract C, Recreation Parcel, Phase I, Berry Creek / Miller Ranch, Edwards, Colorado. She stated this matter was published and no claims have been received. Commissioner Stone moved to approve final settlement for B & B Excavating, Inc., for labor, tools, materials and services to complete construction of the temporary parking lot, berms along the new road, irrigation system and construct three multi-purpose ball fields on Tract C, Recreation Parcel, Phase I, Berry Creek / Miller Ranch, Edwards, Colorado. Commissioner Menconi seconded the motion. The vote was declared unanimous. Final Settlement - Plumb Kendall Construction, Inc. Diane Mauriello presented final settlement for Plumb Kendall Construction, Inc., for providing labor, materials and services for the remodel and addition of two locker rooms in the Eagle County Old Courthouse Building in Eagle, Colorado. She stated this matter was published and no claims have been received. Commissioner Menconi moved to approve final settlement for Plumb Kendall Construction, Inc., for providing labor, materials and services for the remodel and addition of two locker rooms in the Eagle County Old Courthouse Building in Eagle, Colorado. Commissioner Stone seconded the motion. The vote was declared unanimous. Final Settlement - Envirotech Services, Inc. Diane Mauriello presented final settlement for Envirotech Services, Inc., for construction of a 72 food wide by 126 feet long prefabricated arched truss structure by Cover-all Building Systems, model #420-IAS, at the Eagle County Maintenance Service Center, Gypsum, Colorado. Ms. Mauriello stated this matter was published and no claims have been received. The Board concurred to hear this matter later in the day. Resolution 2003-099, Colorado Aviation Grant Application Jack Ingstad stated he wanted a brief discussion of the capital improvements project and how they were doing at the Airport for the rest of the season and with the discretionary loan. This is the final piece for construction of the new airport tower. Rich Cunningham stated they received a grant in the amount of$135,000 for the CIP program. The County's match is $15,000.00 for environmental assessment of the runway extension. He stated they have completed the purchase of the Levine property of $1.2 million and making up the rest of the entitlement dollars is a grant of$489,152.00 for relocation of the electric vault. They have been notified 5 August 19,2003 that they have received the discretionary monies of approximately $3.2 million for the taxiway rehab project. This consists of the entire taxiway, milling, re-engineering and overlaying it with asphalt and additional drainage improvements. Mr. Ingstad spoke to paid parking at the main terminal. He asked if staff should do additional studies with URS to look into additional paid parking. He stated he also wanted the Board to think about future capital projects, i.e. paving the parking lots, the solution for the runway and the Master Plan update. Commissioner Stone asked about an update on the work to be done to Cooley Mesa Road. He stated he would also like to discuss the A VI system. He stated there were comments that people were and could sneak in the back door for parking. He wondered whether it was functioning properly. Mr. Ingstad stated in regards to Cooley Mesa Road, Ms. Migchelbrink is requesting $275,000 in her budget to begin the planning process to coincide with the development ofthe overpass on 1-70. CDOT is now recommending a four lane road from that and a change to the entrance of the Airport. These are larger projects than anticipated and staff is working CDOT and the F .A.A. to see if they would assist with that project. Commissioner Stone stated it does not make sense to pave the parking lots if they are going to end up moving the road over there. Ovid Seifers, Airport Manager, stated they had extensive schooling a couple of weeks ago on the A VI system so internally the staffwas better trained on how to make repairs and add to the system. He stated there are bandits that will beat the parking system. The A VI system will not ever be able to charge those people. It is an enforcement issue. Chairman Gallagher stated it was his understanding that soliciting passengers in the terminal area is illegal. Mr. Seifers stated that was correct. If you charge by entry and exit the problems will stop. Chairman Gallagher asked if there were enough employees to observe the solicitation. He stated it is unfair competition to those who are paying for booth space. Mr. Seifers stated staff can monitor it for a period of time but cannot staff it for the entire length of time the terminal is open. Mr. Ingstad stated it would be interesting to find out ifthey are running ahead of previous years. They have had the system in place for the bulk of last year. They should be able to compare it from last year. Commissioner Stone stated he would appreciate some time in a work session ifMr. Seifers came back with suggestions for future service, rental car services and the purchase of the Levine property. The Board can make an informed decision. He also requested calling Brian Finsche with Senator Campbell's Office, who has related he is not clear on the radar improvements requests. Mr. Seifers stated the runway lacks routine maintenance. He stated they expect the project to start after Labor Day. There will be minimal impact to the airlines. There is no eminent danger of collapse ofthe runway. He related they are getting back to the basics. Chairman Gallagher asked about the crack sealant occurring this year. Mr. Seifers stated that will not be done this year as the temperatures will get below what is required. Chairman Gallagher asked about the time line on the taxiway. Mr. Seifers stated there is a 99% probability that will occur next year. Chairman Gallagher asked ifthey are considering using concrete rather than asphalt. Mr. Seifers answered no. He stated concrete is desirable but it is a very long process and an expensive process. When you have a one runway system you are confined on what you can do. Mr. Ingstad stated they are again having problems with Mesa Airlines. They have cut staff back substantially and customers are waiting for over an hour to pick up their bags. Apparently they take people offthe plane, take the bags offthen let them sit and fill the plane up and let it take off before bringing in the bags. He stated he is very concerned that US Air has informed him they are negotiating 6 August 19,2003 with Mesa to do their ground handling and counter space. He asked if the Board should send a letter to Mesa Airlines indicating they are concerned with the staff cuts. We understand they would like to reduce their expenditures but we cannot have people waiting for over an hour to get their baggage. Chairman Gallagher stated he would be happy to sign that letter. Mr. Seifers stated he verified the process on Monday with the late baggage. He stated the airline landed at 12:10 p.m. and the baggage did not hit the baggage rack until 12:35 p.m. He stated it is inexcusable. Chairman Gallagher spoke to the Airport Master Plan. He stated the Board had difficulties with Bernard Dunkelberg in producing a good Master Plan. They asked several times to make corrections, which were inadequate until it was sent to Pier Review. Back in 1990's the FAA wanted to Eagle County to expand their runway for 1,000 feet in either direction. Through the years that has fallen out of their memory. Now they have asked the FAA to give them money for the extension of the runway. The FAA went to the capital improvement plan and related the Master Plan does not justify this. The opening portion of the plan addresses these items but it is not found in the meat of the document. Several errors have been discovered. The FAA has related they need to get the Master Plan in order before they will consider any requests. They would like the County to send the plan to Bernard Dunkelberg and have him fix it. He stated he has instructed staff to communicate with Mr. Dunkelberg and with URS, the current engineers, who have in house planning abilities. They need to understand the need to have the master plan brought up to date, allow the Board the basis to review the capital improvement plan, then send this on to the FAA indicating it is justified. Mr. Cunningham stated they have received the grant and they are under contract already. He stated they are waiting for approval of the schedule from the FAA. He stated in 2005 the land acquisition purchase was added back in for the runway extension, and then in 2006 and 2007, to fund the runway extension and actually do the work. Chairman Gallagher stated the Board must first decide what size of runway are they going to build and which would be cost effective He stated they must also look at the current master plan as it is inadequate. They should consider re-doing the master plan in the next couple of years. He suggested a session be set up for review. Commissioner Stone stated he believes the County over paid Bernard Dunkelberg. He suggested that ifhe was going to fix the problem it should be at no cost. He stated they were not competent, timely and did slipshod work. He stated the County should not reward slipshod work. Chairman Gallagher stated he agrees with Commissioner Stone, however the F.A.A. is recommending the master plan go back to Mr. Dunkelberg and the highest level of creditability is to be given to the original author. Commissioner Stone stated the problem is whether they are going to get more incompetent work. Mr. Ingstad stated the issue right now is not so much developing a competent master plan but providing justification for the runway extension. Commissioner Stone asked if they are going to be able to give the County the justification for an extension to the runway. He stated he does not want to fight with them or to wait for another long period of time. He suggested facing the music in the beginning and getting it done and done right by someone else other than Mr. Dunkelberg. Chairman Gallagher stated staff is going to speak to Mr. Dunkelberg about having URS do the work and having Mr. Dunkelberg sign off on it. Mr. Cunningham stated as part of the justification study they can look at the optimum length of the runway expansion. Chairman Gallagher asked about the Colorado Discretionary Grant Application. He asked about the State of Colorado not having the money previously but now has found extra funds to contribute. Mr. Cunningham stated the grant was applied for over several fiscal years. He stated the actual grant came in $10,000 short ofthe $1 million dollars. 7 August 19,2003 Commissioner Stone moved to approve the Colorado Discretionary Aviation Grant Application and authorize the Chairman to sign.. Commissioner Menconi seconded the motion. The vote was declared unanimous. PDA-0043, Elliott Ranch PUD Joseph Forinash, Planner, presented file number PDA-0043, Elliott Ranch PUD. He stated the applicant is requesting this matter be tabled to September 16, 2003. He stated there is another meeting with the area property owners scheduled for next week. He stated he believes progress is being made but additional time is needed. Commissioner Stone moved to table file number PDA-0043, Elliott Ranch PUD to September 16,2003, at the applicant's request. Commissioner Menconi seconded the motion. The vote was declared unanimous. LUR-0045, Cash In Lieu of School Land Dedication Joseph Forinash presented file number LUR-0045, Cash In Lieu of School Land Dedication. He stated the Planning Commission dealt with the distinction between land with approved subdivision appraised with vs. without infrastructure improvements. Staff Response: The difference is the cost of installing the infrastructure improvements. A survey of other jurisdictions indicates that other counties require appraisals on this basis, that is, valued based on an approved subdivision without infrastructure improvements, and the concept is not problematic for the appraisers. Reason for eliminating the requirements that appraisers be MAl certified. Staff Response: Discussions with appraisers have indicated that it is sufficient to use Certified General Appraisers with subdivision experience. Requiring MAl certification may unnecessarily add to the cost of the appraisals. If a developer obtains a second appraisal, would s/he be reimbursed for the cost of the first. Staff Response: No. Whether payments of cash in lieu would increase as a result of this amendment. Staff Response: Probably. The value of land further away from community centers, where residential development typically occur, tends to lower the average land values currently used. The appraisals or Assessor's reports will result in land in new residential subdivisions being valued more accurately. How current appraisals would be required to be. Staff Response: Administrative guidelines would be developed for these appraisals which, among other things, would indicate how current appraisals must be, for example, no more than six months old prior to consideration of the final plat. Mr. Forinash stated this application will amend the Land Use Regulations to revise the manner in which land will be valued for cash payments in lieu of school land dedication. For larger subdivisions (10 or more lots), the Director of Community Development will provide, at the applicant's expense, an independent appraisal completed by a professional appraiser to determine the per acre value of the useable portion of the land to be developed. For smaller subdivisions (fewer than 10 lots), in order to eliminate the burden ofthe cost of an independent appraisal on a small subdivision, the Director of Community Development will provide a report, prepared by the Eagle County Assessor based on information available in the Assessor's Office, indicating the per acre value of the useable portion of the land to be developed. This amendment is being proposed in an effort to ensure that payments of cash in lieu reflect current market value on a per acre basis. The chronology ofthe application is as follows and as shown on staff report: 8 August 19,2003 1972 - Eagle County Subdivision Regulations amended to require dedication ofland for school sites or payments of cash in lieu. 1993 - Land values for cash in lieu of school land dedication updated by Board of County Commissioners Resolution 93-139. 1996 - Land values for cash in lieu of school land dedication updated by Board of County Commissioners Resolution 96-16. 2003 - Land values for cash in lieu of school land dedication updated by Board of County Commissioners Resolution 2003-0074. Referral responses are as shown on staff report and as follows: Eagle County Attorney Satisfied with proposed amendment. West Grand School District (telephone response) The District is comfortable with whatever decision Eagle County makes in this regard. Town of Basalt (telephone response) No questions; the proposed amendment "makes sense". Town of Gypsum (telephone response) Asked clarification of the appraised market value of unimproved land based on approved preliminary plan or proposed final plat. Additional Referral Agencies: Eagle County Assessor, Eagle County School District, School District, Colorado Department of Local Affairs (Division of Planning), Colorado Land Use Commission, Town of Avon, Town of Eagle, Town of Mintum, Town of Red Cliff, Town of Vail. Pursuant to Eagle County Land Use Regulations Section 5-230.D., Standards for the review of Amendments to the Text of the Land Use Regulations: STANDARD: Consistency with Master Plan. [Section 5-230.D.1.] B Whether and the extent to which the proposed amendment is consistent with the purposes, goals, policies and FL UM (Future Land Use Map) of the Master Plan. EAGLE COUNTY MASTER PLAN Environmental Open Spacel Development Affordabl.e Transportation Community FLUM Quality Recreation Housino Services Conformance X1 X2 Non Conforrnance Mixed Conforrnance Not X X X X Applicable X 1 - This amendment will facilitate improvements to and expansion of school systems. x2 - This amendment will tend to encourage development of schools in the vicinity of residential development, consistent with the Future Land Use Map. EAGLE AREA COMMUNITY PLAN Community Open Space Environrnent Economic Affordable CirculatiCln& FLUP Size & & & Sensitive Development Housing Transportation Map Character Recreation Areas Conformance 9 August 19,2003 Non Conformance Mixed Conformance Not X X X X X X X Applicable EDWARDS AREA COMMUNITY PLAN Conformance Non- Mixed Conformance Not Applicable Conformance Land Use x Housing x Transportation x Open Space x Potable Water and x Wastewater Services and Facilities Xl Environmental Quality x Economic Development X Recreation and Tourism X Historic Preservation x Implementation X Future Land Use Map x X 1 - This amendment will support the Eagle County School Board in providing a strong educational system. MID-VALLEY COMMUNITY MASTER PLAN Housing Transpor- Community Environment EI Lower Ruedi Missouri tation Facilities Jebel! Frying Pan Reservoir Heights Basalt Conformance X1 Non Conformance Mixed Conformance Not X X X X X X X Applicable 10 August 19,2003 X 1 - This amendment will encourage the development of schools in or adjacent to existing community centers and have developers provide school sites and/or cash-in-lieu. WOLCOTT AREA MASTER PLAN Inside Outside Wildlife Open Space Water and Hazards Air, Transpor- HIstory Activity ActivIty Recreation SanitatiOn OdOr, tatIon and Center Center Noise Archeolo JIV Conformance Non Conformance Mixed Conformance Not X X X X X X X X X Applicable [+] FINDING: Consistency with Master Plan. [Section 5-230.D.1.] B The proposed amendment IS consistent with the purposes, goals, policies and FLUM (Future Land Use Map) of the Master Plan. STANDARD: Compatible with surrounding uses. [Section 5-230.D.2.] Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land, considering its consistency with the purpose and standards of the proposed zone district. By requiring adequate payments of cash-in-lieu ofland dedication for schools, this amendment will help to provide resources to the school districts to acquire land in appropriate locations, most often in or near residential areas. [+] FINDING: Compatible with surrounding uses. [Section 5-230.D.2.] B The proposed amendment IS compatible with existing and proposed uses surrounding the subject land, and IS an appropriate zone district for the land, considering its consistency with the purpose and standards ofthe proposed zone district. STANDARD: Changed conditions. [Section 5-230.D.3.] Whether and the extent to which there are changed conditions that require an amendment to modify the use or density/intensity. [+] FINDING: Changed conditions. [Section 5-230.D.3.] B There ARE changed conditions that require an amendment to modify the use or density/intensity. STANDARD: Effect on natural environment. [Section 5-230.D.4.] Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, storm water management, wildlife habitat, vegetation, and wetlands. This amendment will not result in adverse impacts on the natural environment. [+] FINDING: Effect on natural environment. [Section 5-230.DA.] B The proposed amendment WILL NOT result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, storm water management, wildlife habitat, vegetation, and wetlands. STANDARD: Community need. [Section 5-230.D.5.] Whether and the extent to which the proposed amendment addresses a demonstrated community need. The ability of the school districts to acquire sites for new school facilities is essential as the population increases. This amendment will provide resources to the school districts for such acquisitions. 11 August 19,2003 [+] FINDING: Community need. [Section 5-230.D.5.] B It HAS BEEN demonstrated that the proposed amendment addresses a community need. STANDARD: Development patterns. [Section 5-230.D.6.] Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern, and not constitute spot zoning, and whether the resulting development can logically be provided with necessary public facilities and services. By providing resources to the school districts to acquire land for school sites near residential developments, the proposed amendment will encourage development in a logical and orderly fashion and not have an adverse effect on development or development patterns. [+] FINDING: Development patterns. [Section 5-230.D.6.] B The proposed amendment WILL result in a logical and orderly development pattern, WILL NOT constitute spot zoning, WILL logically be provided with necessary public facilities and services. STANDARD: Public interest. [Section 5-230.D.7.] Whether and the extent to which the area to which the proposed amendment would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. The population of Eagle County continues to grow. By providing resources to the school districts to acquire sites for new school facilities, the districts will be better able to serve the public interest by expanding the school systems to keep up with population changes. [+] FINDING: Public interest. [Section 5-230.D.7.] B The area to which the proposed amendment would apply HAS changed or IS changing to such a degree that it is in the public interest to encourage a new use in the Commercial General (CG), Commercial Limited (CL) and Rural Center (RC) zone districts. Chairman Gallagher asked about the additional referral agencies. Mr. Forinash stated the additional referral agencies shown on staff report did not respond. He stated the only school district they met with was West Grant School District. The other Districts did not respond. Chairman Gallagher asked about staff time. Mark Chapin, Chief Appraisal Deputy, stated it would depend on the number of subdivisions. On raw land value it would take approximately 8 hours in developing a summary appraisal report. Chairman Gallagher asked about the applicant paying for the appraisal. Mr. Forinash stated the provisions required that they would pay for the appraisal prior to approval of final plat. Commissioner Stone stated not the payment in lieu fee but payment of staff time. Mr. Forinash stated there is no compensation of the Assessor's stafftime. Mr., Chapin stated the cost would be a minimum of $300.00 for the fee work. If it is a 10 lot subdivision it would be 10% of the appraised value. Mr. Forinash stated they have estimated the appraisal would be anywhere from $500.00 to $2,000.00. Chairman Gallagher stated it seems that it is only fair to pay the Assessor's Office for their time. Walt Matthews stated he thought the permit fees would be raised to cover those costs. Mr. Forinash stated part of the rationale for not figuring in a charge for the Assessor's time is that any kind of charge could be greater than the land use fee itself. Chairman Gallagher stated that does not reduce the amount of work done by the Assessor. Mr. Chapin stated the Assessor's Office does not want to be in the position of being in competition with fee appraisers. Chairman Gallagher asked about the line between nine and ten units. Mr. Forinash stated 10 came about because of the number of units in a 1041 application. They looked at the fees for the school land dedication. Ten seemed to be a good breaking point. Chairman Gallagher asked if the Assessor should be present to agree or disagree with the plan. 12 August 19,2003 Mr. Chapin answered that would be a good idea. Chairman Gallagher referred to item summary A, page 2, to determine the per acre value of the usable portion of the land to be developed. He stated the definition of usable portion is not defined. Mr. Forinash stated developable land is defined in the Land Use Regulations. For example, it excluded land that has a slope of more that 30%. Commissioner Stone asked where that requirement was located. Keith Montag, Director of Community Development, stated it is in paragraph one and two. Chairman Gallagher questioned if only the building envelope was located on flat ground would that be all they paid for. Mr. Forinash stated the land would be more than just building envelopes. Since there would be a preliminary plan that has been approved when the Board sees the plat, the usable portion would have the fees assessed. Chairman Gallagher asked ifthe wording would be usable or buildable. Commissioner Stone asked the Attorney to review State Statutes for the requirement which allows the school district to require land or payment in lieu. Mr. Forinash stated the Statute requires a dedication of land and also allows payment in lieu of this payment. Commissioner Stone asked if the school district has to show need. Mr. Forinash answered yes. Commissioner Stone questioned employee housing and if it was also in State Statutes. Chairman Gallagher asked ifthis matter should be tabled for a couple of weeks to answer the questions of the Board. Commissioner Stone asked why they don't require an appraiser with some kind of credentials. Chairman Gallagher stated he liked the idea of saving money for a family subdivision by having the Assessor's Office do the appraisal for a reasonable price. Commissioner Stone asked where the 10% came from. Mr. Chapin stated that is based on actual fees that are charged for narrative appraisals. For the size of some of the developments it would be customary to see a 10% rate, or approximately $100.00 per page for a full MIA type appraisal. Chairman Gallagher asked if a full MIA appraisal is needed for these types of applications. Mr. Chapin stated he did not believe so. He stated a certified general appraiser or any appraiser that is licensed in Colorado and has knowledge of vacant land appraisals can do these type appraisals. Chairman Gallagher asked about the state licensing procedure. Mr. Chapin stated they have to disclose it. Commissioner Stone asked about being a state licensed appraiser. Mr. Chapin stated his entire staff is licensed or certified. He stated there are four levels of appraisers in the state, registered, licensed, certified and certified general. He stated he holds the certified general certificate. Chairman Gallagher asked if the appraiser level should be specified. Mr. Chapin stated they could change it to licensed or certified. Mr. Forinash stated they intended a limited appraisal using a market approach. Chairman Gallagher asked about a limited report Mr. Chapin responded a limited appraisal using market value approach would not be used for mortgage purposes. Chairman Gallagher questioned tabling this matter for one week. Mr. Chapin stated it would be better to table this matter for two weeks. Commissioner Menconi moved the Board table File No. LUR-0045, Cash In Lieu of School Land Dedication, to September 2, 2003 at the applicants request. Commissioner Stone seconded the motion. The vote was declared unanimous. 13 August 19,2003 Local Resident Housing Regulations Rebecca Leonard, Senior Planner, presented the Local Resident Housing Regulations. She requested this matter be tabled to September 9,2003. She stated an extra three weeks would give them time to come up with a great draft. Commissioner Stone moved to table the Local Resident Housing Regulations to September 9, 2003, at the applicant's request. Commissioner Menconi seconded the motion. The vote was declared unanimous. Final Settlements, Cont. Ross Concrete, Inc. Commissioner Stone moved to approve final settlement for Ross Concrete, Inc., for construction of a 72 foot wide by 126 feet long concrete foundation for a prefabricated arched truss dome structure at the Eagle County Maintenance Service Center in Gypsum, Colorado. Commissioner Menconi seconded the motion. The vote was declared unanimous. Palin Equipment, Company Commissioner Stone moved to approve final settlement for Palin Equipment Corporation, for installation of a vehicle wash equipment for the Eagle County Maintenance Service Center, Gypsum, Colorado. Commissioner Menconi seconded the motion. The vote was declared unanimous. Envirotech Services, Inc. Commissioner Stone moved to approve final settlement for Envirotech Services, Inc for construction of a 72 food wide by 126 feet long prefabricated arched truss structure by Cover-all Building Systems, model #420-IAS, at the Eagle County Maintenance Service Center, Gypsum, Colorado. Commissioner Menconi 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 26,2003. 14 August 19,2003 Attest. Clerk to the Boar