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Minutes 03/16/10 PUBLIC HEARING March 16,2010 Present: Sara Fisher Peter Runyon Jon Stavney Keith Montag Bryan Treu Robert Morris Christina Hooper Teak Simonton Kathy Scriver Chairman Commissioner Commissioner County Manager County Attorney Deputy County At~orney Assistant County Attorney Clerk to the Board 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: Teak Simonton, Eagle County clerk spoke and explained the details of the Party Caucuses being held on March 16th throughout the county. Chairman Fisher spoke about the census and the importance of all residents participating and filling out these forms. The census determines the legislative districts. 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 March 15, 2010 and Ratification of Bill Paying for the Week of March 8, 2010(subject to review by the Finance Director) Finance Department Representative B. Approval of Payroll for March 25,2010 (subject to review by the Finance Director) Finance Department Representative C. Approval of the Minutes of the Board of County Commissioner Meeting for February 16,2010 Teak Simonton, Clerk & Recorder D. Grant Agreement between Eagle County and the State of Colorado Department of Local Affairs for Healthy Babies and Families Program Jennie Wahrer, Health & Human Services E. Agreement between Eagle County and Colorado Department of Public Health and Environment for No-cost Sexually Transmitted Disease Prevention Treatment Anne Robinson, Health & Human Services F. Consent to Assignment of Airport Facilities Lease to Airplane Hangar, LLC County Attorney's Office Representative G. Final Settlement of Agreement between Eagle County and FCI for Justice Center Expansion Phase I County Attorney's Office Representative H. Resolution 2010-021 Appointing County Representatives to Determine Apportionment of Federal Moneys from Public Lands County Attorney's Office Representative 1 03/16/2010 I. 2010 Office Supply Bid Finance Department Representative J. Agreement Regarding Provision of Professional Services between Eagle County Government and Eagle Valley Events, Inc. Fair & Rodeo Representative K. Ratification of Grant Agreement between Eagle County and the Federal Aviation Administration for Airport Runway Extension Project, Phase V Rick Ullom, Project Management L. Intergovernmental Agreement between the Town of Vail and Eagle County for the Provision of Law Enforcement Services within Unincorporated Eagle County Sheriffs Office Representative M. Consulting Agreement between Eagle County and Mauriello Planning Group, LLC for Eagle-Vail Commercial Area Master Plan Scot Hunn, Planning N. Resolution 2010-022 Approving a First Supplemental Lease Purchase Agreement, First Amendment to Ground Lease and Related Documents and Transactions in Connection with an Additional Project to be Financed with Proceeds of the Certificate of Participation Series 2008 issued by Eagle County Justice Center Financing Corporation to Finance the Construction of an Addition to the Eagle County Justice Center; RatifYing Actions Previously Taken; and Providing other Matter Relating Thereto County Attorney's Office Representative o. First Supplemental Lease Purchase Agreement between Eagle County Justice Center Financing Corporation and Eagle County County Attorney's Office Representative P. Omnibus Certificate of Eagle County, Colorado County Attorney's Office Representative Q. Resolution 2010-023 for the Approval of the Eagle County Land Use Regulation Amendment Pertaining To Medical Marijuana Dispensaries, (Eagle County File No.LUR-2473) Bob Narracci, Planning R. Grange Ranch River Parcel Subdivision Exemption (Eagle County File No. SE-2357), Subdivision Exemption to memorialize conveyance of the Grange Family Ranch River Parcel to the Eagle County Board of Commissioners and the Town of Basalt. The river parcel was acquired in 2006 by Eagle County and the Town of Basalt as part of an open space acquisition partnership with Pitkin County. Bob Narracci, Planning Commissioner Stavney asked about the intergovernmental agreement between the Sheriff and the Town of Vail. SheriffHoy spoke and explained that this allows the two departments to work together in common areas. They have had a long-standing relationship and the agreement basically memorialized this relationship. Brad Higgins and Laurie Asmussen spoke to the board about the Fair and Rodeo. Mr. Higgins stated that the contract dealt with the fair and rodeo itself. The contract was down from 65 to 38. Ms. Asmussen stated that she brought seven employees of her own. She didn't anticipate any difference in service to the public. Commissioner Runyon asked if there was anything to look forward to that is different from the past. 2 03/16/2010 Mr. Higgins stated that the plan was to concentrate on the four main days of the rodeo and eliminate early events that typically lose money. . Commissioner Runyon stated that the carnival had improved over the years. Chairman Fisher thanked Mr. Higgins and Ms. Asmussen for their work and the recognition that our Fair and Rodeo had been recognized as one of the best. She stated that it was up to us to help with the Rodeo this year due to less funding being available to hire staff. Commissioner Stavney moved to approve the Consent Agenda, Items A-R. Commissioner Runyon seconded the motion. The vote was declared unanimous. Resolution 2010-024 Authorizing the Eagle County Road Supervisor to Issue Orders Temporarily Prohibiting the Operation of Motor Vehicles or Restricting the Weight Thereof on any County Road when Necessary to Prevent Damage to the Roadway and for the Protection of the Health, Safety and Welfare of the Community County Attorney's Office Representative Bryan Treu Mr. Treu stated that this did not change anything, but simply formalized the authority for Mr. Higgins to temporarily close the road. Commissioner Stavney stated that the county already has this statutory authority to do this. Commissioner Runyon moved to approve the resolution authorizing the Eagle County Road supervisor to issue orders temporarily prohibiting the operation of motor vehicles or restricting the weight thereof on any county road when necessary to prevent damage to the roadway and for the protection of the health, safety, and welfare of the community. Commissioner Stavney seconded the motion. The vote was declared unanimous. Adoption of the 2010 Eagle County Government Employee Benefit Plan Human Resources Representative Diana Kafka presented the plan. She spoke about employees hired after January 10,2010 and they would only eligible for the two higher-level plans of health insurance. Chairman Fisher stated that many existing employees had switched. Ms. Kafka stated that pay contributions had increased to 10%, deductibles and out of pocket amounts increased as well. There was also a separate prescription deductible. Regarding short-term disability, the waiting period had changed from 13 days to 31 days. She stated that medical marijuana was not available through the county health care plan. Chairman Fisher spoke about the time process involved in these changes. The board realized that best business practices required more employee participation. Commissioner Stavney stated that it was clear how important the county's employees were, and even with these changes, the insurance package was still a fantastic package. Commissioner Stavney moved to approve the adoption of the 2010 Eagle County Government Employee Benefit Plan. Commissioner Runyon seconded the motion. The vote was declared unanimous. Citizen Input Chairman Fisher opened and closed citizen Input, as there was none. 3 03/16/2010 Chairman Fisher spoke about Keith Montag's twenty year anniversary with the county. She thanked him for his service to the county and for all he did for the county. Mr. Montag stated that it was a privilege and was honored to serve with this board and the entire organization. Commissioner Runyon moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Stavney seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office APPLICANT: REQUEST: EVENT DATE: REPRESENTATIVE: LOCATION: STAFF REPRESENTATIVE: Taste of Vail, Inc. Special Events Permit Friday, April 9, 2010 Amy Oberley, Event Manager and Kevin Foley, Event Supervisor Section 18 Township 5 South range 80 West 6th principal meridian 1600 feet west of the Eagle's Nest gondola 80 west of the Eagle's Nest Gondola terminal on Vail Mountain Kathy Scriver DESCRIPTION: Taste of Vail, Inc. has requested a special events permit for their annual Taste of Vail- Mountaintop picnic being held on Vail Mountain, April 9, 2010 from 9:00 am to 5:00 pm. The event features wine sampling from participating wineries and food prepared and served by a number of Vail Valley restaurants. Tickets are required and a professional security firm will monitor access to the venue. No person under the age of 21 years of age will be permitted in the license area unless a parent accompanies him or her. STAFF FINDINGS: · This application is in order, all application requirements have been met, all necessary documents have been received, and all fees have been paid. · Staff has had no problems in the past with events held by the applicant. . Public notice has been given by the posting of a sign in a conspicuous place on the premises February 26, 2010, 10 days prior to the hearing. . There have been no protests filed with the Clerk and Recorder's Office. . The applicant has provided proof of server training and alcohol management plan. CONCERNS / ISSUES: None DISCUSSION: Amy Oberley spoke to the board. She stated the boundaries had not changed. The event was on April 9th and they had not yet listed a beneficiary. Tickets were $135.00. Past beneficiaries have been the Eagle County Charter schools, various hospice and aid organizations, and they helped fund PowerSchool for local schools. 4 03/16/2010 Commissioner Stavney moved that the Local Liquor Licensing Authority approve a Special Event Permit for the annual Taste of Vail event held on April 9, 2010, from 9:00 a.m. to 5:00 p.m. Commissioner Runyon seconded the motion. The vote was declared unanimous. APPLICANT: REPRESENTATIVE: LOCATION: REQUEST: STAFF REPRESENTATIVE: CONCERNS / ISSUES: Cordillera Golf Club, LLC d/b/a The Mountain Golf Club Patrick Tombelaine, Vice President Club Operations 655 Clubhouse Dr. - Edwards (Cordillera) Transfer of Ownership Kathy Scriver None DESCRIPTION: Cordillera Golf Club, LLC has submitted an application to transfer the Hotel and Restaurant liquor license previously held by Mountain F&F, LLC d/b/a Cordillera Golf Club. The applicant is currently operating under a temporary license issued by the loca11icensing authority on December 8, 2009. LIQUOR AUTHORITY CONSIDERATIONS: 1. Whether the fees have been paid. 2. Whether the applicants are of good moral character 3. If applicant plans to make any physical change, alteration or modification of the licensed premises, whether the premises, and if changed, altered or modified, will meet all of the pertinent requirements of the Colorado Liquor or Beer Codes, including, but not limited to the following factors: a. the reasonable requirements of the neighborhood and the desires of the adult inhabitants; b. the possession, by the licensee, of the changed premises by ownership, lease, rental or other arrangement; c. compliance with the applicable zoning laws of the county; and d. compliance with the distance prohibition in regard to any public or parochial school. STAFF FINDINGS: 1. This application is in order, all applicable requirements have been met, all the proper forms have been provided, and all fees have been paid. 2. The state and local licensing authorities have previously licensed the premises where such alcohol beverages will be sold and such licenses were valid at the time the application for transfer of ownership was filed with the local licensing authority. 3. The applicants are reported to be of good moral character. 4. The Affidavit of Transfer and Statement of Compliance has been received. 5. The applicants are over 21, fingerprints are on file. 6. Public notice has been given by the posting of a sign in a conspicuous place on the premises, March 5, 2010, 10 days prior to the hearing. 5 03/16/2010 7. Publication of the notice is not required for a transfer of ownership. 8. The applicant does not wish to make any physical changes, alterations, or modifications to the licensed premises, which would alter the licensed premises, or the usage ofthe licensed premises. STAFF CONCLUSION: The applicant has met all the necessary requirements for a transfer of ownership and all findings are positive. DISCUSSION: Ms. Scriver presented the request. She stated that Patrick Tomberlaine, Vice president of club operations was present on behalf of Cordillera Golf Club, LLC. This was the formal hearing for the transfer of 3 licenses - The Summit, the Chaparral, and the Mountain Golf Club. The applicant was currently operating under a temporary license issued by the local licensing authority on December 8,2009. The applicant had met all the necessary requirements for a transfer of ownership and all finding were positive. Commissioner Stavney moved that the Local Liquor Licensing Authority, incorporating staff's findings, approve the transfer of the Hotel and Restaurant liquor license held by Mountain F&B, LLC d/b/a Cordillera Golf Club to Cordillera Golf Club, LLC d/b/a The Mountain Golf Club. Commissioner Runyon seconded the motion. The vote was declared unanimous. APPLICANT: REPRESENTATIVE: LOCATION: REQUEST: STAFF REPRESENTATIVE: CONCERNS / ISSUES: Cordillera Golf Club, LLC d/b/a The Chaparral Patrick Tombelaine, Vice President Club Operations 0101 Legends Dr. - Edwards (Cordillera) Transfer of Ownership Kathy Scriver None DESCRIPTION: Cordillera Golf Club, LLC has submitted an application to transfer the Hotel and Restaurant liquor license previously held by CVC Management, LLC d/b/a The Chaparral. The applicant is currently operating under a temporary license issued by the local licensing authority on December 8,2009. LIQUOR AUTHORITY CONSIDERATIONS: 1. Whether the fees have been paid. 2. Whether the applicants are of good moral character 3. If applicant plans to make any physical change, alteration or modification of the licensed premises, whether the premises, and if changed, altered or modified, will meet all of the pertinent requirements of the Colorado Liquor or Beer Codes, including, but not limited to the following factors: a. the reasonable requirements of the neighborhood and the desires of the adult inhabitants; b. the possession, by the licensee, of the changed premises by ownership, lease, rental or other arrangement; c. compliance with the applicable zoning laws of the county; and d. compliance with the distance prohibition in regard to any public or parochial school. 6 03/16/2010 STAFF FINDINGS: 1. This application is in order, all applicable requirements have been met, all the proper forms have been provided, and all fees have been paid. 2. The state and local licensing authorities have previously licensed the premises where such alcohol beverages will be sold and such licenses were valid at the time the application for transfer of ownership was filed with the local licensing authority. 3. The applicants are reported to be of good moral character. 4. The Affidavit of Transfer and Statement of Compliance has been received. 5. The applicants are over 21, fingerprints are on file. 6. Public notice has been given by the posting of a sign in a conspicuous place on the premises, March 5, 2010, 10 days prior to the hearing. 7. Publication of the notice is not required for a transfer of ownership. 8. The applicant does not wish to make any physical changes, alterations, or modifications to the licensed premises, which would alter the licensed premises, or the usage of the licensed premises. ST AFF CONCLUSION: The applicant has met all the necessary requirements for a transfer of ownership and all fi~dings are positive. Commissioner Stavney moved that the Local Liquor Licensing Authority, incorporating staff's findings, approve the tran~fer of the Hotel and Restaurant liquor license held by CVC Management, LLC d/b/a The Chaparral to Cordillera Golf Club, LLC d/b/a The Chaparral. Commissioner Runyon seconded the motion. The vote was declared unanimous. APPLICANT: REPRESENTATIVE: LOCATION: REQUEST: STAFF REPRESENTATIVE: CONCERNS / ISSUES: Cordillera Golf Club, LLC d/b/a The Summit Patrick Tombelaine, Vice President Club Operations 190 Gore Trail- Edwards (Cordillera) Transfer of Ownership Kathy Scriver None DESCRIPTION: Cordillera Golf Club, LLC has submitted an application to transfer the Hotel and Restaurant liquor license previously held by Summit Food and Beverage, LLC d/b/a The Summit. The applicant is currently operating under a temporary license issued by the local licensing authority on December 8, 2009. LIQUOR AUTHORITY CONSIDERATIONS: 1. Whether the fees have been paid. 2. Whether the applicants are of good moral character 7 03/16/2010 3. If applicant plans to make any physical change, alteration or modification of the licensed premises, whether the premises, and if changed, altered or modified, will meet all of the pertinent requirements of the Colorado Liquor or Beer Codes, including, but not limited to the following factors: a. the reasonable requirements of the neighborhood and the desires of the adult inhabitants; b. the possession, by the licensee, of the changed premises by ownership, lease, rental or other arrangement; c, compliance with the applicable zoning laws of the county; and d. compliance with the distance prohibition in regard to any public or parochial school. STAFF FINDINGS: I. This application is in order, all applicable requirements have been met, all the proper forms have been provided, and all fees have been paid. 2. The state and local licensing authorities have previously licensed the premises where such alcohol beverages will be sold and such licenses were valid at the time the application for transfer of ownership was filed with the local licensing authority. 3. The applicants are reported to be of good moral character. 4. The Affidavit of Transfer and Statement of Compliance has been received. 5. The applicants are over 21, fingerprints are on file. 6. Public notice has been given by the posting of a sign in a conspicuous place on the premises, March 5, 2010, 10 days prior to the hearing. 7. Publication of the notice is not required for a transfer of ownership. 8. The applicant does not wish to make any physical changes, alterations, or modifications to the licensed premises, which would alter the licensed premises, or the usage of the licensed premises. STAFF CONCLUSION: The applicant has met all the necessary requirements for a transfer of ownership and all findings are positive. Commissioner Stavney moved that the Local Liquor Licensing Authority, incorporating staffs findings, approve the transfer of the Hotel and Restaurant liquor license held by Summit Food and Beverage, LLC d/b/a the Summit to Cordillera Golf Club, LLC d/b/a The Summit. Commissioner Runyon seconded the motion. The vote was declared unanimous. 8 03/16/2010 APPLICANT: DBA: REPRESENT ATIVE: LOCATION: REQUEST: STAFF REPRESENTATIVE: CONCERNS / ISSUES: Kirby Cosmos Edwards, LLC Kirby Cosmos BBQ Bar Mark Tamberino, General Manager 0056 Edwards Village Blvd. Unit R-7 - Edwards Temporary Permit Kathy Scriver None DESCRIPTION: Kirby Cosmos Edwards, LLC has applied for a Transfer of Ownership from ARG #1 d/b/a Suza and has requested a Temporary permit to allow them to operate during the period in which the application to transfer ownership of the license is pending. The applicant has submitted all of the required documents and associated fees for the transfer. STAFF FINDINGS: 1. The premises where the alcoholic beverages will be sold have been previously licensed by the state and Local Licensing Authorities, and were valid as of the date of receiving the application. 2. The applicant has applied on forms provided by the Department of Revenue and includes the name and address of the applicant, the names and addresses of the president, vice-president, secretary and managing officer, the applicant's financial interest in the proposed transfer, and the premises for which the Temporary Permit is sought. 3. A statement that all accounts for alcohol beverages sold to the applicant are paid has been filed. 4. The application for the Temporary Permit has been filed no later than thirty (30) days after the filing of the application for the transfer of ownership and the appropriate fees have been paid. STAFF RECOMMENDATION: All findings are positive and staff recommends approval. DISCUSSION: Ms. Scriver explained the request. The applicant had applied for a transfer of ownership from ARG#l d/b/a Suza and has requested a Temporary Permit. The applicant has submitted all ofthe required documents and associated fees for the transfer. Chairman Fisher asked if the other license was held with Eagle County. Mr. Tamberino stated that the other license was in the Town of Minturn. Chairman Fisher asked if they had ever had any issues in the past. Mr. Tamberino stated they had never had any issues with previous licenses. Commissioner Runyon moved that the Local Liquor Licensing Authority approve the issuance of a Temporary Permit to Kirby Cosmos Edwards, LLC d/b/a Kirby Cosmos BBQ Bar which will be valid until such time as the application to transfer ownership of the license is granted or denied or for one hundred twenty (120) days, whichever occurs first; except that, if the application to transfer the license has not been granted or denied within the one-hundred-twenty day period and the transferee demonstrates good cause, the local licensing authority may extend the validity of said permit for an additional period not to exceed sixty (60) days. Commissioner Stavney seconded the motion. The vote was declared unanimous. Commissioner Runyon moved to adjourn as the Eagle County Liquor Licensing Authority andre-convene as the Eagle County Air Terminal Corporation. Commissioner Stavney seconded the motion. The vote was declared unanimous. 9 03/16/2010 Eagle County Air Terminal Corporation Meeting Airport Representative A. Approval of minutes for Dec. 15 and Dec. 21, 2009 meetings; Mr. Montag moved to approve the minutes for the December 15th, and 21 st meetings. Mr. Stavney seconded the motion. He noted there were discussions about snow removal. The vote was declared unanimous. B. Consideration for Execution Agreement between Eagle County Air Terminal Corporation and BNP Associates, mc.; Mr. Anderson eXplained the background of the agreement. The agreement was to design an automated screening system for baggage. Currently this screening occurs within the lobby and causes congestion. The integration moves this operation into a mezzanine that already exists and would free up a lot of space. They received 6 or 7 bids and wanted to award the contract to BNP Associates as they demonstrated success against the bid requirements. They worked with 8 out of the 10 AARA projects and were a very reputable firm within the industry. The TSA cited BNP as a good firm with which to work. Mr. Stavney wondered about the timing of completion. Mr. Anderson stated that the original plan was for the end of next winter, but since then they have realized that this would not provide sufficient time. They now anticipate it would be complete during the summer of 20 11. Mr. Stavney spoke about the business of the airport and the professional upgrade this would offer. Mr. Runyon wondered about the difference between the contract and the budgeted amount. Mr. Anderson clarified that the airport was required to pay for the funding application process and once TSA approved the funding application, there would be an agreement related to eligible and ineligible costs. The fee was a one-time fee to get the process going. Mr. Montag asked for the estimate for the entire system. Mr. Anderson stated that this amount was approximately 3.5 million and the county's portion would be around $900,000.00. Mr. Stavney stated that this was not a surprise, nor did these funds come from the General Fund, but from the airport fund. He stated that there was no building addition required and the entire cost would be for equipment. Mr. Runyon moved to approve the agreement between ECAT and BNP Associates, mc. Mr. Stavney seconded the motion. The vote was declared unanimous. c. New business; Mr. Stavney complimented the new county website and the link to Fly Vail. Ms. Fisher stated that she had a conversation with a friend who complimented the county on the free Wi Fi option and the fact that the bus goes to the airport. Mr. Stavney stated that Eagle County has not adequately communicated to the Town of Vail about how much effort had gone into the airport improvements. He asked that Mr. Anderson schedule a time twice a year to get on the agenda with the Town and give a report about capital items, long term plan, flight data etc. He believed a better effort needed to be made in this regard. Mr. Montag spoke about the airport master plan. Mr. Anderson stated that the airport issued a request for qualifications calling for planning companies to respond. The FAA had programmed approximately $350,000 for this plan. The county would add $18,000 for a total of $368,000. They had received 5 responses from reputable firms. The selection group included Eva Wilson, Sean Hanagan, and Ovid Siefers and Chris Anderson. The process was quite lengthy. Mr. Stavney spoke about previous master plans and wondered whether any of the previous planning firms had bid. Mr. Anderson stated that they had not bid. 10 03/16/2010 Mr. Runyon spoke about his recent experience at the airport and how positive it was. Mr. Anderson stated that the December numbers were up by about 3.5%, but January was off 4% and February numbers were not yet final. He stated that last year was pretty flat compared to 2008. Mr. Montag asked what the public process opportunities could be. Mr. Anderson stated that the public process would be included in the scope of work and at least two meetings provided for comment. Mr. Stavney asked what the airport master plan would include like parking, covered parking, paid parking etc. Mr. Anderson explained that the master plan would include inventory of existing facilities, interviews with stakeholders and the community, and then a plan would be developed for occupying remaining land, finances, phasing, new revenue sources, and identify new opportunities for the airport. Commissioner Stavney moved to adjourn as the Eagle County Air Terminal Corporation Meeting and re- convene as the Eagle County Board of County Commissioners. Commissioner Runyon seconded the motion. The vote was declared unanimous. Other Mr. Treu stated that there were two resolutions related to the Justice Center, and since the project was under budget, they were requesting building a juvenile holding cell. The first was an amendment to the ground lease and the other an amendment to the 2008 tax certificate to indicate the change in funding use. Commissioner Stavney stated that this did not increase the overall budget in any way. Mr. Treu stated that was correct. Commissioner Stavney asked about reducing the public debt rather than adding the Juvenile facility. Mr. Treu stated that this was possible, but since it costs a lot to generate these funds, it was recommended that the money be used for current needs. Commissioner Runyon asked about having a Juvenile detention cell. He wondered about cost savings related to transporting these juveniles to another facility. Mr. Treu stated that in the past this had proven very difficult. Chairman Fisher stated that this was in the original plan but was postponed due to other priorities. Not having a juvenile facility was also a hardship on the families. Rick Ullom spoke to the board about the Justice Center. He explained that the project was under budget by about $2 million. The Juvenile detention unit was estimated at about $300,000 within the already allocated budget. The lease needed to be amended for the additional 500 square feet footprint. Chairman Fisher spoke about the savings on this project and felt it was exceptional. She thanked Mr. Ullom for his work. Commissioner Runyon wondered about the remaining $1.3 million. Mr. Ullom stated that the overall project would be under budget, but there was additional scope of work including the Juvenile detention facility, an evidence storage room, replacement of the roof on the existing facility and replacement of the glass panels which were delaminating. Once all of this was complete they estimated they would still be under budget by $1 million. Commissioner Runyon spoke about the cost./ benefit ratio for the additional expenditures. The roofwas near needing replacement at greater cost. Mr. Ullom stated that the Juvenile detention center was a very valuable addition to the detention center. Commissioner Stavney moved to approve the first amendment to the ground lease agreement and approve the lease purchase agreements certificates of participation series 2008 amendment to tax certificate. Commissioner Runyon seconded the motion. The vote was declared unanimous. 11 03/16/2010 Planning Files ZS-2590 Fowler Hilliard Hut Sean Hanagan, Planning ACTION: The purpose of this Special Use Permit is to reconstruct the 10th Mountain Division Fowler Hilliard Hut in its approximate prior location. The original hut was destroyed in a fire in late September of 2009. LOCATION: USFS parcel East of Resolution Mountain Section 25, Township 65, Range 80W FILE NO./PROCESS: PROJECT NAME: OWNER: APPLICANT: REPRESENTATIVE: ZS-2590 / Special Use Permit Fowler Hilliard Hut 10th Mountain Division Hut Association Owner Ben Dodge 1. PROJECT DESCRIPTION A. SUMMARY: The applicant requests review of a Special Use permit for the re-construction of a Multi-User 10th Mountain Division Backcountry hut in the historic location occupied by the former Fowler Hilliard Hut · Re-Construct a 1700 square foot Multi-user Backcountry hut facility on the current Fowler-Hilliard hut site. · The Previous Fowler-Hilliard Hut built in 1988 was destroyed by fire in September 2009 · To complete the backcountry travel link between Shrine Mountain Inn and the Jackal hut The 10th Mountain operates a series of back country huts that are 7 to 9 miles apart in the Central Rocky Mountains. The huts and the vast majority of the routes to the huts are located on USFS land and are operated under USFS Special Use Permit. The huts are open to public use during the winter and summer seasons. Two of the huts are closed in the summer for ecological reasons. Members of the public ski, snowshoe, hike or bike to the huts along designated routes. Hut users reserve single or multiple nights at a single location or link huts for a longer trip. The Fowler hut was originally approved in a 6/30/1988 Decision by the USFS and a certificate of occupancy was issued by Eagle County October 13th, 1988. The hut has been available and used by the public since the fall of 1988 and has been one of the systems most popular huts. The Fowler Hilliard hut was irreparably damaged in a structure fire (exact cause unknown, but most likely fire) in late September 2009. 10th Mountain is engaged with the US Forest Service to acquire necessary federal regulatory approvals and hopes to have all necessary federal approvals in hand by March 2010. 10th Mountain Division Hut Association proposes to reconstruct the Fow1erIHilliard hut-essentially as it was-and is requesting from Eagle County a Consolidated Concept Evaluation and Final Special Use Permit as a Resort Recreation Facility. B. SITE DATA: East: Public Lands Public Lands RP RP USFS USFS 12 03/16/2010 Fowler Hilliard Yurt Pre-existing lOth Mountain Hut Association Hut location 139,802 X (Snowmelt water) X (Composting Toilet) Primarily snow machine/ Forest Road 747 (summer) C. CHRONOLOGYIBACKGROUND: . 1988-[June 30th] Original Fowler Hilliard hut location was approved by the USFS in a Decision Notice (see attached) . 1988-[October 13th] Certificate of Occupancy was issued by Eagle County Building Department . 2009-[September] Fowler Hilliard hut was irreparably damaged by fire . 2009-[November] Temporary yurt facility erected by 10th Mountain . 2009-[December 6th] USFS reauthorized the 1988 Decision Notice and extended t~e permitted use for an additional 10 years. This renewal shall be reviewed gain in 2019 2. STAFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT ECL UR Section: 5-250 Special Use Permits Section Purpose: Special Uses are those uses that are not necessarily compatible with the other uses allowed in a zone district, but which may be determined compatible with the other uses allowed in the zone district based upon individual review of their location, design, configuration, density and intensity of use, and the imposition of appropriate conditions to ensure the compatibility of the use at a particular location with surrounding land uses. All Special Uses shall meet the standards set forth in this Section. Standards: Section 5-250.B. The issuance of a Special Use Permit shall be dependent upon findings that there is competent evidence that the proposed use as conditioned, fully complies with all the standards of this Section, this Division, this Article, and these Land Use Regulations. The Planning Commission may recommend and the Board of County Commissioners may attach any conditions deemed appropriate to ensure compliance with the following standards, including conformity to a specific site plan, requirements to improve public facilities necessary to serve the Special Use, and limitations on the operating characteristics of the use, or the location or duration of the Special Use Permit STANDARD: Consistent with Comprehensive Plan. [Section 5-250.B.l] The proposed Special Use shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies 13 03/16/2010 of the Comprehensive Plan and the FLUM of the Comprehensive Plan, including standards for building and structural intensities and densities, and intensities of use. EAGLE COUNTY COMPREHENSIVE PLAN , (I) <:) ! > o Ci 5 8 p., o ~ ~ Cl Q tI) .- 4) 8~ o ;::$ g ~ ~~ OIl .5 en ;::$ ~ ~ en B.~ S t ~i en (I) ~ ~ ~ ~~ en ~.g :.=... =' "0 0 =00 ~~ en "0 a ~ 4) .::: - 9;;; is CZl Exceeds Recommendations Incorporates Majority of Recommendations Does Not Incorporate Recommendations x x x x x x Not Applicable x x x x FLUM1-Rural Lands/USFS STANDARD: Compatibility. [Section 5-250.B.2] The proposed Special Use shall be appropriate for its proposed location and compatible with the character of surrounding land uses. The proposed backcountry hut facility will be located on the current 10th Mountain Division Hut System location. This location was approved and authorized under the Decision Notice (DN) dated June 30t\ 1988. The USFS re-approved the lOth Mountain Division hut system for an additional 1 0 year period in December of2009. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Zone District Standards. [Section 5-250.B.3] The proposed Special Use shall comply with the standards of the zone district in which it is located and any standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses. The new Backcountry hut facility will be located in a Resource Preservation (RP) Zone district. There are no specific standards for these types of uses found in Section 3-310. Heights of structures are determined by the Board of Count Commissioners on a case-by-case basis. Decisions are based on line-of-site, visual and environmental impacts and view shed analysis. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Design Minimizes Adverse Impact [Section 5-250.B.4] The design of the proposed Special Use shall minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use shall avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and shall not create a nuisance. 14 03/16/2010 cli:l C'. 00 t)j)t)j) 8 ~8 (.) (.) 0 5.5 ~ .~ .~ ~ ~ .- ~ . "Cl M ~ 1::= ~~ '0 :S ~.- o U "Cl {3 &~ !-< CI'lQ ~...J 0 Z ::> x x x x x x x x ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Design Minimizes Environmental Impact. [Section 5-250.B.5} The proposed Special Use shall minimize environmental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. By utilizing sustainable energy sources as well as sustainable recreational practices the Fowler hut has not caused significant deterioration of water or air resources, wildlife habitat, scenic resources or other natural resources. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Impact on Public Facilities. [Section 5-250.B.6} The proposed Special Use Permit shall be adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 15 03/16/2010 a 1;l .!!'''''''.>- ~ en u:i!::.' -g ~Q>'i5. ~8: - 1;l Q. ~ ~ .cf~.~ ~..~ I , Exceeds ECLUR Requments Satisfies ECLUR X X X Requirements Does Not Satisfy ECLUR Requirement Not Applicable X X X X STANDARD: Site Development Standards. [Section 5-250.B.7} The proposed Special Use shall comply with the appropriate standards in Article 4, Site Develovment Standards. X Off-Street Parking and Loading Standards (Division 4-1) X Landscaping and Illumination Standards (Division 4-2) X Sign Regulations (Division 4-3) X Wildlife Protection (Section 4-4 I 0) X Geologic Hazards (Section 4-420) X Wildfire Protection (Section 4-430) X Wood Burning Controls (Section 4-440) See Condition 2 X Ridgeline Protection (Section 4-450) X Environmental Impact Report (Section 4-460) X Commercial and Industrial Performance Standards (Division 4-5) X Noise and Vibration (Section 4-520) X Smoke and Particulates (Section 4-530) X Heat, Glare, Radiation and Electrical Interference (Section 4-540) X Storage of Hazardous and Non-hazardous Materials (Section 4-550) X Water Quality Standards (Section 4-560) X Roadway Standards (Section 4-620) X Sidewalk and Trail Standards (Section 4-630) X Irrigation System Standards (Section 4-640) X Drainage Standards (Section 4-650) X Grading and Erosion Control Standards (Section 4-660) X Utility and Lighting Standards (Section 4-670) X Water Supply Standards (Section 4-680) * 16 03/16/2010 X Sanitary Sewage Disposal Standards (Section 4-690) X Impact Fees and Land Dedication Standards (Division 4-7) NOT APPLICA 3 ~ EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS B. REFERRAL RESPONSES: . Eagle County Environmental Bealth- Please refer to the attachment dated January 19th, 2010 Additional Referral Agencies - This proposal was referred to the following agencies with no response received as of this writing: . Eagle County: Attorney's Office, Engineering, Road and Bridge, Sherriff's Office, Wildfire Mitigation . Other: USFS, CDOW, Town of Redcliff and the Eagle River Fire Protection District C. PLANNING COMMISSION DELIBERATION: During the Eagle County Planning Commission meeting held Wednesday March 3rd, 2010 the Planning Commission unanimously voted to approve the special use permit with no additional conditions. Ben efits/Disadvan tages Benefits: Location within a designated existing 10th Mountain Hut System site determined to be appropriate by the USFS(DN 6/30/1988 and 12/3/09) USFS renewal of 10th Mountain Hut System agreement and 10 year extension. Historic data indicating proposed level of use and impacts associated with such levels of use fall within the acceptable range. Concealing techniques and view shed distance will minimize visual impacts to the public. Disadvanta2es: Possible environmental disturbance during construction phase. D. Board of County Commissioners OPTIONS: 1. Approve the [SPECIAL USE PERMIT] request without conditions if it is determined that the petition will not adversely affect the public health, safety, and welfare and the proposed use is attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 2. Deny the [SPECIAL USE PERMIT] request if it is determined that the petition will adversely affect the public health, safety, and welfare and/or the proposed use is not attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is not in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 17 03/16/2010 3. Table the [SPECIAL USE PERMIT] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the [SPECIAL USE PERMIT] request with conditions and/or performance standards if it is determined that certain conditions and/or performance standards are necessary to ensure public, health, safety, and welfare and/or enhances the attunement of the use with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). E. SUGGESTED CONDITIONS: a. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. b. All wood burning stoves used for heating the premises must meet the definition of a "new technology device" under Article II of the Eagle County Land Use Regulations; i.e. it must meet or exceed the standards for wood stove certification, be certified by the Environmental Protection Agency as a Phase II appliance or be on the Colorado list of approved devices c. This Special Use Permit shall be valid for a period of not more than three (3) years prior to actual implementation of the permitted use. Upon implementation of the approved use, such permit shall remain valid, in perpetuity, and shall run with the land thereafter unless an expiration date or exception has been placed upon the permit by the Board of County Commissioners. DISCUSSION: Mr. Hanagan presented the history of the file and provided some photos. Commissioner Stavney asked about the existing waste water system. Mr. Hanagan stated that staff and the applicant were in agreement. Commissioner Stavney asked about environmental mitigation. Mr. Ben Dodge stated that the forest service had very strong requirements to reduce the area of disturbance. Disturbances that occur would be limited to vegetation. He indicated they were trying to come up with some reasonably priced solutions to the lightening issue. There were several ways to accomplish this. Chairman Fisher wondered about ownership of a 10th mountain hut. She asked if there was a story about his hut. Mr. Dodge explained that all of the huts had a story behind them. He stated that the 10th Mountain Division Hut System was a 501 3 C, non-profit organization incorporated in 1982 and privately funded and entirely sustainable both economically and environmentally. They owed their name to the 10th mountain division troops. Fritz Benedict, 10th mountain division trooper came up with the concept to provide warm comfortable shelter in the backcountry to link Aspen, Eagle, Vail, Leadville and Summit County as well. Initially the Forest Service was hesitant. With guarantees from the players involved for personal commitments to remove these huts if they did not work the projects went forward. They operated in five counties, two national forests, and four ranger districts under special use permits with the Forest Service. The typical distance was 6 - 7 miles from trailhead to hut. Young people, adventurous folks, and school groups used the huts. Huts were also used for avalanche training. In the 10th mountain hut system, they had over 25,000 user nights. There were local economic benefits. When the hut burned down the public response was amazing. Chairman Fisher opened and closed public comment, as there was none. 18 03/16/2010 Commissioner Stavney moved to approve file number ZS-2590 Fowler Hilliard Hut. Commissioner Runyon seconded the motion. The vote was declared unanimous. Work Session - Cottonwood Pass Road Feasibility Tom Johnson, Public Works Recorded Attest: 19 03/16/2010