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Minutes 01/26/10 PUBLIC HEARING January 26, 2010 Present: Sara Fisher Jon Stavney Keith Montag Bryan Treu Christina Hooper Kathy Scriver Chairman Commissioner County Manager County Attorney Assistant County Attorney Deputy Clerk to the Board Absent: Peter Runyon Commissioner This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Fisher stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of January 25,2010 (subject to review by the Finance Director) Finance Department Representative B. U.S. Department of Homeland Security Federal Emergency Management Agency Letter of Map Revision for McCoy Creek Cabins Engineering Representative c. Agreement between Eagle County and Shadowrock PUD for Snowplowing Services Engineering Representative D. Resolution 2010-005 Final Release of Collateral and Termination of the Warranty Period for Riverstone Subdivision: An Amendment and Correction to Logan Park PUD, File No. AFP-00192 County Attorney's Office Representative E. Resolution 2010-006 Final Release of Collateral and Termination of the Warranty Period for Palmerosa Ranch PUD, File No. SMA-00028 County Attorney's Office Representative F. Resolution 2010-007 Authorizing the Eagle County Public Works Director or His/Her Designee, to Execute Use Agreements with Members of the Public to Utilize Eagle County Facilities Public Works Representative G. Colorado Department of Transportation Annual Mileage and Condition Certification for Highway User Tax Fund Credit Road & Bridge Representative H. Resolution Conferring Power of Attorney upon Bryan R. Treu, County Attorney, Robert L. Morris, Deputy County Attorney and Christina C. Hooper, Assistant County Attorney, to act as Attorney in Fact for the County of Eagle, State of Colorado, with Respect to Alpine Bank Letter of Credit No. 020658434 in the Amount of $140,297.37 for the Account of Dotsero Realty Partners, LLLP - Two Rivers Village Phase III - Security for Warranty Period County Attorney's Office Representative I. Resolution 2010-008 Conferring Power of Attorney upon Bryan R. Treu, County Attorney, Robert L. Morris, Deputy County Attorney and Christina C. Hooper, Assistant County Attorney, to act as Attorney in 1 01/26/2010 Fact for the County of Eagle, State of Colorado, with Respect to Alpine Bank Letter of Credit No. 0206295433 in the Amount of $9,450.00 for the Account of Dotsero Realty Partners, LLLP - Two Rivers Village Phase III - Security for Warranty Period County Attorney's Office Representative J. Resolution 2010-009 Approval of Lake Creek Farm, Lot 3 Utility Easement Vacation, (Eagle County File No. G-2478) Ben Gerdes, Engineering Chairman Fisher asked the Attorney's Office ifthere were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that Item H could be pulled as the work had been done and the letter of credit would be released. Commissioner Stavney moved to approve the Consent Agenda, Items A-J, excluding Item H. Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Resolution 2010-010 Amending the Temporary Regulations to Limit the Location of Medical Marijuana Dispensaries within Unincorporated Eagle County Bob Narracci, Community Development Mr. Narracci presented some maps demonstrating the recent changes. There would be 500-foot separators from the dispensary site to the property boundary of the dissimilar uses. Those dissimilar uses included any residences, church or religious institutions, any drug or alcohol rehabilitation facility, any public community center, or publicly owned or maintained building used by the general public, any public or private school, any public park or playground, or any licensed childcare facility. The 500-foot maps indicated the permitted areas where dispensaries could be located. In areas such as E1 Jebel and Basalt, there were no areas where dispensaries could operate. As of last week, both Planning Commissions recommended approval of the draft regulations. The regulations would be coming to the board for a decision on February 23rd. Chairman Fisher wondered what would happen if the dispensaries currently open closed their doors or changed ownership. Mr. Narracci stated that a non-conformity could not expand, so if the business were to close, the non- conformity would go away. He was uncertain about the change of ownership. Chairman Fisher opened public comment. Ann Nicole spoke on behalf of a group of doctors hoping to open a dispensary and pain treatment center. She believed the new regulations were limiting and the group was having difficulty finding a location in Eagle County. Mr. Narracci added that if one of the dispensaries locates within an actual medical center or medical clinic as defined in the resolution the separation distance could be decreased to 200 feet. Chairman Fisher thanked Ms. Nicole for her input. She believed that there were opportunities in the valley and surrounding areas and hoped that her and her clients would be successful in finding a location. Chairman Fisher closed public comment. Commissioner Stavney moved to approve the resolution amending the Temporary Regulations to Limit the Location of Medical Marijuana Dispensaries within Unincorporated Eagle County Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. 2 01/26/2010 Resolution 2010-011 Adopting the Eagle County Governing Document of the Board of County Commissioners, County Manager, and County Attorney Keith Montag, County Manager Mr. Montag stated that he was pleased with the creation of the document. The document clarified the roles and responsibilities of his position as well as the county attorney and board of county commissioners. He believed the document would be useful and was state of the art for a governmental entity. The model itself allowed the board of county commissioners to be the visionaries, policy makers and set the stage for the entire organization. It outlined the authority of the board of county commissioners and delegated the authority to the county manager and county attorney's day-to-day activities. The document contained a set of policies, operational agreements, and board and staff linkages. One of the key components was the roles and responsibilities matrix which identified the roles and responsibilities of various player in the decision making process at the executive level. Overall, he believed the document was easy to follow and easy to understand. Commissioner Stavney thanked Bryan Treu for his leadership on the document. He saw the document as something like a job description. He looked forward to putting it in action. Chairman Fisher echoed Commissioner Stavney's sediments. She believed the community deserved a government that was transparent. She believed that the board had a vision and desire to do the right thing even though it may not be popular. She thanked her fellow commissioners for being willing to do work in a way that they and the people they represent would be proud. The transparency component was especially important to her. Chairman Fisher opened and closed public comment, as there was none. Mr. Montag thanked Mr. Treu for his time, effort, and resource on the document. Commissioner Stavney moved to approve the resolution adopting the Eagle County Governing Document of the Board of County Commissioners, County Manager, and County Attorney. Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Citizen Input Chairman Fisher opened and closed citizen Input, as there was none. The Sandbergfamily was present to talk about EVHS Project Graduation. Jerry Sandberg spoke about project graduation where the seniors celebrate an evening with one another. Over the years, the program has provided activities for the seniors after their graduation practice. He introduced his daughter, Annika who was a graduating senior. Annika Sandberg spoke on behalf of her classmates and stated that the program meant a lot to everyone because it would be the last chance for everyone to be together. Chairman Fisher stated that she was very proud of Ms. Sandberg for being active this school year as the community representative. She believed Ms. Sandberg was a great role model for many of the kids in the community. Commissioner Stavney stated that the county had set aside $1,000 for each of the high schools for project graduation. Arleen Sandberg spoke briefly about their fundraising efforts. She stated that anything the county could donate would be appreciated. Tom Allender, representing the Eagle-Vail Metro District spoke. He provided a formal 45-day notice to the board of county commissioners that they intend to proceed with some improvements in the Eagle-Vail area. This allowed the public and board the opportunity to appeal the decision if they so chose. The voters of Eagle-Vail approved a 7 million dollar debt authorization in November. Some of these improvements would begin spring of 2010. Commissioner Stavney asked ifthere would be a public process. Mr. Alder stated that the public had been very involved in the process. 3 01/26/2010 Commissioner Stavney moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Housing and Development Authority. Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Eagle County Housing and Development Authority Housing & Development Representative Housing Choice Voucher Contract between Eagle County and the State of Colorado Department of Local Affairs Mr. Potente stated that the resolution was a renewal of ten Section eight housing vouchers. There was a small amount of money associated with managing this program. Tori Franks at the Valley Home Store would be taking on the administration of the program. Ms. Franks stated that vouchers were given to housing authorities that did not have their own vouchers. Commissioner Stavney moved to approve the Housing Choice Voucher Contract between Eagle County and the State of Colorado Department of Local Affairs as presented. Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Commissioner Stavney moved to adjourn as the Eagle County Housing and Development Authority and re- convene as the Eagle County Liquor Licensing Authority. Chairman Fisher seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. Alpine Investors, LLC d/b/a Beaver Creek General Store #40-80131-0000 This is a renewal of a 3.2% Beer License in Beaver Creek. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. B. Fabulous Foods, Inc. d/b/a Blue Creek Grill #03-61424-0000 This is a renewal of a Hotel and Restaurant License in EI Jebel. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. C. X-Bar Fly, Inc. d/b/a Sato Sushi #04-33696-0000 This is a renewal of a Hotel and Restaurant License in Edwards (Edwards Corner). There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. D. Bella Mia, Inc. d/b/a Bella Mia 4 01/26/2010 This is a renewal of a Hotel and Restaurant License in El Jebel. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. E. Pier 13 Liquor, Inc. d/b/a Pier 13 Liquors This is a renewal of a Retail Liquor Store License in Eagle-Vail. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. Commissioner Stavney moved that the Board approve the Liquor Consent Agenda for January 26,2010 consisting ofItems A-E. Chairman Fisher seconded the motion. The vote was declared unanimous. APPLICANT: REQUEST: EVENT(s): DATE OF EVENT: REPRESENTATIVE: LOCATION: STAFF REPRESENTATIVE: Edwards Rotary Club Special Events Permit Pro-Soccer Events February 13, 20th and April 22, 2010 Joe Peplinski, Event Manager WECMRD Field House - 0450 Miller Ranch Road, Edwards Kathy Scriver DESCRIPTION: Edwards Rotary Club has requested a special events permit for three (3) professional soccer events being held at the WECMRD Field House in Edwards. The event days and times are as follows: Saturday, February 13 and 20, 2010 and April 22, 2010 all events are scheduled for 6-10 p.m. The applicant will offer beer and/or wine, as well as food, soft drinks, and water. The seating capacity for soccer events is 450 and ticket sales for the event will be restricted to that number. STAFF FINDINGS: 1. This application is in order, all application requirements have been met, all necessary documents have been received, and all fees have been paid. 2. Public notice has been given by the posting of a sign in a conspicuous place on both premises on January 15,2010, 10 days prior to the hearing. 3. There have been no protests filed in the Clerk and Recorder's Office. 4. The applicant has provided an alcohol management plan and will provide proof of server training no later than February 12,2010. CONCERNS / ISSUES: None DISCUSSION: Ms. Scriver presented the request. Joe Peplinski stated that Edward's Rotary's focus was on teens when it came to their fundraising. They provide scholarships for high school seniors, provided dictionaries, and supported various youth programs in the community. In the last couple of years, they found it difficult to do fundraising. This provided an opportunity to diversify in their fundraising efforts. Commissioner Stavney asked ifthere would be family events going on during this event. Mr. Peplinski stated that there would be no other events going on this evening. Commissioner Stavney asked about the number of security personal. 5 01/26/2010 Mike Staten, WECMRD Field house Manger stated that there would be a minimum of 5 staff; 3 at the front desk, and two at the exits. Mr. Peplinski stated that there would also be rotary staff managing the exits. Chairman Fisher asked about the banding. She encouraged the applicant to use bands that limited the number of drinks that could purchase. She also suggested that there be at least 2 adults at the exit doors monitoring people's behavior as they leave the event. Mr. Peplinski stated that they would do what ever it took to make sure the evening was safe for everyone. Chairman Fisher asked about the storage of alcohol. Mr. Staten stated that there would no storage on site. Commissioner Stavney moved that the Local Liquor Licensing Authority approve the Special Events Permit for the Charitable Foundation of the Edwards Rotary Club events being held at Edwards Field House on February 13, 20th and April 22, 2010 from 6-10 p.m. with the changes discussed. Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Commissioner Stavney moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Chairman Fisher seconded the motion. Ofthe two voting Commissioners, the vote was declared unanimous. Planning Files PDS-2313 Ea2le River Meadows Scot Hunn, Planning Department ACTION: To be tabled to date determined The purpose for this Sketch Plan is for a mixed use Planned Unit Development, inclusive of residential, commercial, medical, and office uses. Proposal also includes active and passive recreational and open space uses. LOCATION: Former "B&B Gravel Mine" site generally situated along Hwy 6 Edwards, Colorado, NW 1/4, Section 5, Township 5, Range 82. Commissioner Stavney moved to table file no. PDS-2313 Eagle River Meadows to March 30,2010. Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Abatement Hearings Assessor's Office Representative Petitioner Schedule No. Conti Partners Ltd Gary & Suzan Schlatter 307 Bachelor Gulch LLC Bachelor Gulch Operating Co LLC Bachelor Gulch Operating Co LLC Bachelor Gulch Operating Co LLC Bachelor Gulch Operating Co LLC R059507 R059508 R059509 R059510 R059511 R059512 R059513 6 01/26/2010 George & Donna Wilson Henry Chen Fenton Family Trust Jeffrey T Wilson Gudmundur-Atladottir Benediktsson Sarape LP LOC Ltd Bluff City LLC Stephen & Julie White Bachelor Gulch Operating Co LLC Bachelor Gulch Operating Co LLC Bachelor Gulch Operating Co LLC Bachelor Gulch Operating Co LLC Hayes Trust Bachelor Gulch Operating Co LLC Hayes Trust Bachelor Gulch Operating Co LLC Bachelor Gulch Operating Co LLC Bachelor Gulch Operating Co LLC Bachelor Gulch Operating Co LLC Bachelor Gulch Operating Co LLC Bachelor Gulch Operating Co LLC Bachelor Gulch Operating Co LLC Bachelor Gulch Operating Co LLC Ritz Guesthouse LLC BG One LLC Stanley C & Kathi A Jones Bachelor Gulch Operating Co LLC Randall W. Viola Bachelor Gulch Operating Co LLC Bachelor Gulch Operating Co LLC Bachelor Gulch Operating Co LLC Bachelor Gulch Operating Co LLC Greg A & Juli A Eger Bachelor Gulch Operating Co LLC Bachelor Gulch Operating Co LLC Bachelor Gulch Operating Co LLC Bachelor Gulch Operating Co LLC Bachelor Gulch Operating Co LLC Bachelor Gulch Operating Co LLC Bachelor Gulch Operating Co LLC Bachelor Gulch Operating Co LLC Bettina Eckerle Robin Waters R059514 R059515 R059516 R059517 R060014 R059519 R059520 R059521 R059522 R059523 R059524 R0600 15 R0600 17 R060018 R060019 R060020 R060021 R060022 R060023 R060024 R060025 R060026 R060027 R060028 R060029 R060030 R060031 R060032 R060034 R060035 R060036 R060037 R060038 R060039 R060040 R060041 R060042 R060043 R060044 R060045 R060046 R060047 R060033 R006659 Ms. Hooper stated that there were 51 schedule numbers. Robin Waters requested a continuance. Commissioner Stavney moved that the Petitions for Abatement/refund of Taxes for the following individuals and Schedule Numbers be continued for the tax years and for the reasons as set forth in the Assessor's recommendation sheets, such recommendations being incorporated into this hearing by reference: Petitioner Name Robin Waters 7 01/26/2010 Schedule No. R006659 Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Ruth Berglund spoke about the Bachelor Gulch properties. The assessment ratio was based in error and this would correct that error and refund money back to the residential owners. Chairman Fisher opened and closed public comment, as there was none. Commissioner Stavney moved that the Petitions for Abatement/refund of Taxes for the following individuals and Schedule Numbers be approved for the tax years and for the reasons as set forth in the Assessor's recommendation sheets, such recommendations being incorporated into this hearing by reference: Petitioner Name Bachelor Gulch Village Resort & Spa Schedule No. See attached spreadsheet Chairman Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Other Mark Chapin commented on the earlier adoption of the governing document. He requested that the elected officials be included in some capacity. He believed it was important that they were seen as a team. Mr. Montag stated that there was a section in the document that addressed the county manager's relationship with elected officials. He suggested that Mr. Chapin review the language and share any input. Attest: There being no further business before tro\lQ~tge'lTIeeting was adjourned until February 2,2010. ~/1~" q,,~ ~ ';S ';&; - , ,,';' -1.0- ~jl - - Clerk to the Board .~o,!i:J Chairman Q 8 01/26/2010