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Minutes 07/27/10 PUBLIC HEARING July 27, 2010 Present: Sara Fisher Chairman Peter Runyon Commissioner Jon Stavney Commissioner Keith Montag County Manager Bryan Treu County Attorney Teak Simonton Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Special Recognition — Census Complete Count Committee Sunny Subia, Partnership Specialist Census Department Commissioner Stavney read the recognition for the record. Mr. Subia stated that Eagle County had one of the highest response rates for a mountain region. There was great leadership at the county level. He showed a map with initial response rates. Colorado hit a 70% response rate. Eagle County had a 40% return rate, which was actually very good in comparison to other counties. Commissioner Runyon wondered if mountain communities were affected because of second homes. Mr. Subia stated that 40% of people with a questionnaire on their doors returned their surveys. He acknowledged the fact that mail in surveys had a higher response rate. Soon a vacant delete process would be complete and the response rate would increase. The Town of Eagle had a 67% response rate. Gypsum had a 62% response rate. There was a significant improvement from the 2000 census. Chairman Fisher stated that a 23% return rate in Vail would be a true reflection since there were so many second homes. Mr. Subia stated that the census was a census of housing units not necessarily population. Over the last three years, they had identified the homes needing to be included. Chairman Fisher stated that there was also a dichotomy with post office boxes as mailing addresses. Mr. Subia stated that there were discussions about the post office box situation and how it would be addressed in 2020. Commissioner Runyon stated that this had been on the table for more than a few years. There were also so many homes with garage apartments, accessory dwelling units and other non traditional dwelling units it was important to know this. Chairman Fisher stated that she had an apartment over her garage and she was visited twice to confirm that no one was living in the unit. Mr. Subia stated that they got thousands of phone calls from people informing them that they had not been counted. The complete count strategy was very effective. He presented a plaque to the Eagle County Complete Count Committee. Special Recognition - Animal Services Officer Nathan Lehnert Shawn Markmann, Animal Services Mr. Markmann stated that three weeks ago animal services received a call that Portuguese Water Dog was stuck in a drainpipe. Officer Lehnert helped to get the dog out of the pipe. One end of the pipe was blocked. Officer Lehnert went in after the dog and made his way down the pipe and coaxed the dog out. He thanked Officer Lehnert for going above and beyond. Officer Lehnert thanked the board, but said that he doesn't expect the recognition because doing the work was enough of a reward. 1 07/27/2010 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 July 26, 2010 (subject to review by the Finance Director) Finance Department Representative B. Eagle County Clerk and Recorder Recording Software from Fidlar County Care Software Maintenance Agreement Teak Simonton, Clerk and Recorder C. U.S. Department of Transportation, Federal Aviation Administration Grant Agreement Part I, Offer for Update of Airport Master Plan Study Airport Representative D. Resolution 2010 -083 Approval of a Site Specific Development Plan for the Colorado Mountain College Edwards Campus Expansion Located in the Berry Creek / Miller Ranch Planned Unit Development (Eagle County File No. PR -2762) Bob Narracci, Planning E. Resolution 2010 -084 Vacating the Hilltop Condominiums Final Plat and Condominium Map at Request and with Consent of the Current Owner of Such Plat so as to Return Such Property to its State Immediately Prior to Recording of the Final Plat Bob Narracci, Planning Chairman Fisher asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that there were no revisions or changes. Commissioner Stavney moved to approve the Consent Agenda, Items A -E. Commissioner Runyon seconded the motion. The vote was declared unanimous. Citizen Input Chairman Fisher opened citizen input. Frank Lorenti spoke to the board. He thanked the board for their input about the Ginn development. He hoped that the Energy Loan program would be revisited because it was presented way too early, it goes against the Obama plan to keep people in their homes. People must sign a contract acknowledging that they may not be able to re- finance or sell their homes while participating in the program. He suggested this type of loan agreement be in bold on the first page of the document. There needed to be some sort of review that the property owner can afford the new loan amount. He was also concerned that there was no credit check required for this program. He felt that the program was being pushed through because Eagle County would make a 6% profit. He wished the county would re- consider due to all the problems that have not been addressed. Chairman Fisher stated that some of his statements were valid concerns, and others had reasonable answers. The board had been very cautious in planning for this to be possible, but they did not want to set themselves up for potential loss. People had a choice about these types of loans and nothing would be hidden in fine print. Commissioner Stavney stated that the statement that the county was trying to make money was specious. The county was merely trying to help people do energy upgrades to help homeowners save money on monthly bills. Commissioner Runyon stated that there was a balance point about the responsibility for the individuals signing up for these loans. People needed to be responsible with financial decisions and the county was still working on the mechanism of the letter. Mr. Treu stated that there were still several hurdles to overcome. Chairman Fisher closed public comment. 2 07/27/2010 Resolution 2010 -085 Adopting a Third Supplementary Budget and Appropriation of Unanticipated Revenues for Fiscal Year 2010 and Authorizing the Transfer of Budgeted and Appropriated Moneys between Various Spending Agencies John Lewis, Finance Director Mr. Lewis presented the request. He stated that there would be money put back into the General Fund balance. The additional expenses requested were necessary, unavoidable, and minimal. The contingency fund would receive additional money in the amount of approximately $324,866.00. There was a total net appropriation of $327,451.00. We did receive a $30,000 Colorado Forest Restoration Grant to knock down some dead trees on Bellyache Ridge. There was a transfer of $369,000.00 from the Early Childhood program back into the General Fund. $92,185 was the net appropriation from the General Fund. The Sheriff was asking for money for the new 800 Megahertz phone system. There was a $2,800 request from the Treasurer to buy back the tax liens and pay interest associated with these liens. The Open Space fund was being asked for 20,000 to pay for consultant and legal fees. Commissioner Runyon asked about Early Childhood Fund. He wanted to be sure that it was noted that the $369,000.00 was a carry forward from 2009 and placed there as a match for community participation in the fund. It was put there to encourage other organizations and individuals. Mr. Lewis stated that the Public Health fund had a decrease in grant funding. They need an additional $4285.00 to cover costs. They were asking for $20,000 to cover the cost of design of the Miller Ranch community center. Some of the money allocated for the first phase of the justice center would not be needed and would be put back into the General Fund. Chairman Fisher opened and closed public comment, as there was none. Commissioner Runyon moved to approve Adopt a Third Supplementary Budget and Appropriation of Unanticipated Revenues for Fiscal Year 2010 and Authorizing the Transfer of Budgeted and Appropriated Moneys between Various Spending Agencies Commissioner Stavney seconded the motion. The vote was declared unanimous. Commissioner Stavney moved to adjourn as the Board of County Commissioners and re- convene as the Eagle County Liquor Licensing Authority. Commissioner Runyon seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office APPLICANT: Eagle Valley Chamber of Commerce REQUEST: Special Events Permit EVENT: Demolition Derby DATE OF EVENT: August 20, 2010 REPRESENTATIVE: Michelle Morgan, Event Manager LOCATION: Eagle County Fairgrounds — 426 Fairgrounds Road, Eagle STAFF REPRESENTATIVE; Kathy Scriver DESCRIPTION: Eagle Valley Chamber of Commerce has requested a special events permit for a Demolition Derby event being held at the Eagle County Fairgrounds on August 20, 2010. Alcohol will be served from 6 — 9:30 pm. Diamanti Security was contracted to provide security for the event. Food vendors will include, Dusty Boot Restaurant, Steve's BBQ, and The Ice Cream Lady. The estimated number of persons attending the event is 2,000 (per the lease agreement). STAFF FINDINGS: 3 07/27/2010 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 July 16, 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 July 30, 2010. 5. Staff has had no problems with events held by the applicant in the past. CONCERNS / ISSUES: None DISCUSSION: Ms. Scriver explained the nature of the request and type of event. She introduced the applicants. The applicant expected around 2000 people to attend the event. All was in order. Michelle Morgan and Sherry Cusson were present. Commissioner Stavney asked about the boundaries for service of alcohol. He was surprised that the arena was included in the service area. He asked that it be amended to stop at the end of the grandstands. Chairman Fisher spoke about the importance of the service of liquor. Ms. Morgan stated that the purpose of the funds was to promote the Chamber's agenda and to pay off debt. There were minimal operating expenses, but there was a website to create and maintain. Chairman Fisher wished them good luck. Mr. Cusson stated that they were going to get as many drivers as they could to smash and crash the cars. It would be fun and exciting. Some drivers would be from the circuit but they were still looking for contestants and drivers. More information could be found at www.buckarooproductions.com. Commissioner Stavney moved that the Local Liquor Licensing Authority approve the Special Events Permit for the Eagle Valley Chamber of Commerce Demolition Derby with the amended service boundary not including the arena, event being held at the Eagle County Fairgrounds on Friday, August 20` 9 a.m. — 11 p.m. (application hours). Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Runyon moved to adjourn as the Eagle County Liquor Licensing Authority and re- convene as the Board of County Board of Equalization. Commissioner Stavney seconded the motion. The vote was declared unanimous. Resolution 2010 -086 Regarding Petitions to the Eagle County Board of Equalization County Attorney's Office Representative Mr. Treu stated that this resolution would approve the recommendations of the hearing officer. There were 44 hearings, of those 24 were adjusted, 14 denied, 2 withdrawn and 2 were asked for administrative denial. Commissioner Stavney moved to approve the resolution regarding petitions to the Eagle county Board of Equalization. Commissioner Runyon seconded the motion. The vote was declared unanimous. 4 07/27/2010 Commissioner Runyon moved to adjourn as the Eagle County Board of Equalization and re- convene as the Board of County Board of Commissioners. Commissioner Stavney seconded the motion. The vote was declared unanimous. Planning Files PDS -2288 Edwards Village Mixed -Use & Affordable Housing PUD Sean Hanagan, Planning NOTE: To be tabled - date to be determined ACTION: The purpose for this Sketch Plan is for a mixed use Planned Unit Development which includes 80 multi - family residential dwelling units and 4,000 square feet of commercial uses. LOCATION: Southwest of the U.S. Highway 6 / Edwards Village Boulevard intersection; south of the existing Edwards Corner development. Mr. Hanagan stated the reason for tabling was to accommodate the schedule of the Planning Commission. Commissioner Stavney moved to table file PDS -2288 Edwards Village Mixed -Use & Affordable Housing PUD to a date to be determined. Commissioner Runyon seconded the motion. The vote was declared unanimous. AFP -2290 Remonov Center Sean Hanagan, Planning NOTE: To be tabled - date to be determined ACTION: The purpose of this Amended Final Plat is to remove the restrictive Plat notes on the planning parcels of tract T, B and K of the Remonov Center Subdivision Plat in order to re -zone the property. Tract `T' is zoned `Commercial General' but is restricted by the Remonov Center subdivision plat to "Pedestrian, bicycle, and vehicular access, drainage structures, landscaping, utilities, trails, recreation facilities and open space ". Tract `K' is currently zoned Commercial General but is restricted by the subdivision plat to use for "Pedestrian, bicycle and vehicular access, drainage structures, landscaping, utilities, trails and recreation structures ". This requested re -zone would place a zoning designation of Planned Unit Development (PUD) on the respective tracts. The resulting PUD would propose 56 residential condominium units on tract `T' as well as 20 -24 units of workforce housing on tract `K' to be constructed by Habitat for Humanity. LOCATION: Southwest of the U.S. Highway 6 / Edwards Village Boulevard intersection; south of the existing Edwards Corner development. Commissioner Stavney moved to table file AFP -2290 Remonov Center to a date yet to be determined. Commissioner Runyon seconded the motion. The vote was declared unanimous. AFP -2712 Irons Easement Sean Hanagan, Planning ACTION: The purpose of this Amended Final Plat is to relocate a drainage easement and to accommodate an addition to the existing home. 5 07/27/2010 LOCATION: 89 Buckhom, Beaver Creek Area TITLE: Irons Easement FILE NO./PROCESS: AFP- 2712 / Amended Final Plat LOCATION: 89 Buckhorn Avon, Colorado 81630 OWNERS: Connie Irons APPLICANT: Tab Associates REPRESENTATIVE: Bill Nutkins STAFF PLANNER: Sean Hanagan 1. PROJECT DESCRIPTION A. SUMMARY: The intent of this application is to amend the Drainage easement for Lot I -24 [common area] as well as lots I- 22, I -24 and Tract I -A of Bachelor Gulch Village Filing NO.3 Beaver Creek Subdivision by reconfiguring the easement into a different shape and location on the lot while retaining the same approximate square footage as the original platted drainage easement. B. SITE DATA: Surrounding Land Uses / Zoning: East: Residential / PUD West: Residential / PUD North: Residential / PUD South: Residential / PUD Existing Zoning: PUD (Beaver Creek) Total Area: .050 +/- Acres Water: Public Sewer: Public Access: Via Buckhorn Circle C. STAFF FINDINGS: Pursuant to Section 5- 290.G.3. Standards for Amended Final Plat: a. Adjacent property. Review of the Amended Final Plat has determined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. Pursuant to the Beaver Creek PUD Guide, all adjacent property owners and the Beaver Creek DRB have NOT provided written consent of this request; thereby requiring this amended final plat to be heard in front of the Board of County Commissioners. b. Final Plat Consistency. Review of the Amended Final Plat has determined that the proposed amendment IS consistent with the intent of the Final Plat. c. Conformance with Final Plat Requirements. Review of the Amended Final Plat has determined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regulations, policies and guidelines. d. Improvement Agreement. DOES NOT apply. e. Restrictive Plat Note Alteration. DOES NOT apply. 6 07/27/2010 D. STAFF RECOMMENDATION: All applicable Eagle County Land Use Regulations have been satisfied. E. BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. Approve the [AFP] 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 [AFP] 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). 3. Table the [AFP] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the [AFP] 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). DISCUSSION: Mr. Hanagan presented the request. Chairman Fisher asked why the adjoining neighbor had not responded. Mr. Hanagan indicated that the neighbor had received the notice and he was not sure why they had not responded. Mr. Treu indicated that the neighbor could bring an action within 30 days of final approval. Commissioner Stavney suggested doing these types of files administratively. Commissioner Runyon moved to approve file no. AFP -2712 Irons Easement. Commissioner Stavney seconded the motion. The vote was declared unanimous. There being no further business before thy. Board, the meeting was adjourned until August 3, 2010. ___Jact.a.,qhfeitg...-- Attest: lik /Hits t: 4 Clerk to the Board a. * Chairman 7 07/27/2010