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HomeMy WebLinkAboutMinutes 09/22/15 PUBLIC HEARING September 22, 2015 Present: Kathy Chandler-Henry Chairman Jeanne McQueeney Commissioner Jillian Ryan Commissioner Brent McFall County Manager Bryan Treu County Attorney Kathy Scriver 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: • Commissioner Updates Chairman Chandler-Henry stated that the board attended a session in Glenwood Springs called Building a Better Colorado. The group consisted of 16 folks, half republican and half democrat.The purpose of the meeting was to talk about state finances,the initiative process and elections. Consent Agenda 1. Final Settlement between Eagle County and OldCastle SW Group for Eagle County Duck Pond Boat Ramp and Site Improvements Kristin Degenhardt,Project Management 2. Resolution 2015-080 Concerning Appointments to the Local Government Interest Group for the Upper Colorado River Wild and Scenic Stakeholder Group Plan Diane Mauriello,Attorney's Office 3. Agreement between Eagle County and ElDorado National-California, Inc. for Purchase of 32-foot Buses through the Colorado Mountain Purchasing Consortium on Behalf of 12 Transit Agencies Tracy Stowell, ECO Transit 4. Approval of the Minutes of the Board of County Commissioner Meetings for August 11,August 18,and August 21,2015 Teak Simonton,Clerk and Recorder 5. Early Head Start Grant Application Maggie Swonger,Human Services 6. Agreement between Eagle County and Schmueser Gordon Meyer, Inc. for Trail Survey,Design and Permit Services Ellie Caryl,ECO Trails 7. Agreement between Eagle County and Oldcastle SW Group, Inc. for Asphalt Overlay on Various County Roads John Harris,Road and Bridge 8. Final Plat for Minor Type B Subdivision to Subdivide Eagle-Vail Subdivision Filing 1,Lot 50,Block 1 to Create Lots 50A and 50B(Eagle County File No. SMB-5637) Sean Hanagan,Planning 1 09/22/2015 Commissioner McQueeney moved to approve the Consent Agenda for September 22, 2015,as presented. Commissioner Ryan seconded the motion. The vote was declared unanimous. Citizen Input Chairman Chandler-Henry opened and closed citizen input, as there was none. Planning File 9. SE-5555 Carricarte Property Subdivision Exemption Sean Hanagan,Planning Pitkin County Open Space&Trails,Applicant Note: To be tabled to September 29, 2015 Action: The purpose of this Subdivision Exemption is to create an approximately one acre lot out of the fathering parcel,which the Carricarte family would then convey to Pitkin County Location: 315 Hooks Spur Rd,El Jebel Area Commissioner McQueeney moved to table file number SE-5555 Carricarte Property Subdivision Exemption to September 29, 2015. Commissioner Ryan seconded the motion. The vote was declared unanimous. Commissioner Ryan moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Local Liquor Licensing Authority. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals 1. Ritz-Carlton Hotel,LLC &Bachelor Gulch Operating Company d/b/a The Ritz-Carlton Bachelor Gulch #41-17214-0000 Renewal of a Hotel and Restaurant Liquor License in Bachelor Gulch. 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 and proof of server training has been provided. 2. Beaver Creek Food Services,Inc. d/b/a Talons #47-01932-0000 Renewal of a Hotel and Restaurant Liquor License with 2 Opt.Premises on Beaver Creek Mountain. 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 and proof of server training has been provided. 3. Mountain Dreams,LLC d/b/a Café Milano 2 09/22/2015 #47-01978-0000 Renewal of a Hotel and Restaurant Liquor License in Edwards. 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 and proof of server training has been provided. 4. DVT,Inc. d/b/a Downvalley Tavern #12-88492-0000 Renewal of a Hotel and Restaurant Liquor 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 and proof of server training has been provided. Other 5. Ritz-Carlton Hotel,LLC&Bachelor Gulch Operating Company d/b/a The Ritz Carlton Bachelor Gulch • #04-71214-0000 Manager Registration—The applicant wishes to register Steven R. Janicek as the new manager, replacing Luis Caicedo. Mr.Janicek was reported to be of good moral character and has no criminal history. Commissioner McQueeney moved that the Local Liquor Licensing Authority approve the Liquor Consent Agenda for September 22,2015,as presented. Commissioner Ryan seconded the motion. The vote was declared unanimous. Commissioner Ryan moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Eagle County Board of County Commissioners. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Business Items 15. Approving the Adjustment and Extension of Fox Hollow Housing Credits until September 22, 2020 Jill Klosterman,Housing Ms. Klosterman stated that the county issued 79 housing credits to Fox Hollow LLC in 2005 which was part of the housing plan for that file and in exchange for the sale of Tract A. The credits expired in 2010. In June of 2010 the board extended the remaining 53 credits to August 11, 2015. On July 23, 2015 Fox Hollow LLC requested an additional extension of the remaining credits. She reviewed the development facts and housing plan. The developer had sold 27 of the 79 credits and had 52 remaining credits. Staff recommended taking the total units that Fox Hollow supplied in excess of their requirement multiplied by 2.95 equaled 32.86 housing credits. She subtracted the 27 credits that the market bought which left a remaining 6,602 square feet of housing credits. Staff's recommendation was to approve the renewal of expired credits for an additional five years and be calculated in accordance with the 2004 guidelines. Staff also recommended that the housing credits be converted to square feet so they complied with language in the current housing guidelines. Evelyn Pinney,Fox Hollow Developer stated that the LLC agreed to work with Habitat for Humanity at the request of the County. In exchange,the county granted them 80 housing credits. She understood that they were at the mercy of the board to grant the extension and appreciated the consideration. Chairman Chandler-Henry believed Ms.Klosterman's calculations made sense but she believed that the number should be 52 credits and the county should be willing to extend 21.62 credits. Ms.Klosterman believed the only re-calculation was how many credits should have been issued. She didn't find it necessary to apply a discount to the 27 credits that were sold in the market. Rob Levine believed that when they started the process their motivation was to help create affordable housing. They would not have worked with Habitat to facilitate the construction of 16 homes if it wasn't for receiving something that was promised, which was changing now. He had a big concern with the integrity of the 3 09/22/2015 Housing credit program. He understood the numbers and that circumstances changed but there should be a balance when changing the rules. He believed the program was a resource and an opportunity to help solve a problem. Chairman Chandler-Henry believed that the county should honor their agreements even if they were bad agreements. Commissioner McQueeney asked about the numbers. She understood that Fox Hollow was paying back Habitat and Habitat was paying back the county. It seemed that the county would be out$200,000. Ms.Klosterman stated that the county was not a part of the purchase agreement between Habitat and Fox Hollow LLC. The county was a party to the agreement between Habitat and the county that involved a$500,000 grant agreement. Habitat had paid the county back$300,000 but the county got 16 units of very affordable employee housing. This was a wonderful way to get housing units built. Habitat would no longer be obligated to pay the county back the remaining$200,000. Ms. Pinney stated that they enjoyed working with Habitat and enjoyed having them a part of the PUD. Regardless, if the board agreed to forgive that part of the grant,they would continue working with them on future projects. John Welaj, Executive Director for Habitat for Humanity believed the Fox Hollow project was a real catalyst for building awareness and gaining visibility for the organization. They built 40 units in the past eight years. Chairman Chandler-Henry moved to approve the adjustment and extension of the Fox Hollow housing credits until September 22, 2020 and the amount of housing credits be issued in the amount of 24,344 square feet. She also directed staff to create a resolution explaining the translation of credits. Commissioner Ryan seconded the motion. The vote was declared unanimous. Commissioner McQueeney didn't understand how this would help build more affordable housing. Ms.Klosterman explained that the credits would not help build new affordable housing. It simply offered a credit to a developer to build more affordable housing than was what required. Therefore,Fox Hollow LLC sold the land to Habitat and Habitat built 16 units of affordable housing. Commissioner McQueeney was conflicted over the numbers and granting an additional extension. Commissioner Ryan appreciated the work of staff. She felt that the developer took a risk on Habitat and it was fair to question the integrity of the program given how unclear it was in 2004. Chairman Chandler-Henry felt strongly that the county should honor their commitments and value the transaction with Habitat. She wanted to encourage other developers to partner with the county and provide low income housing. The fact that Fox Hollow was willing to work with the county to provide affordable housing was a great value. Commissioner Ryan supported the investment and extension. Commissioner McQueeney spoke about the forgiveness of the$200,000 and understood how requiring repayment could penalize the non-profit. Chairman Chandler-Henry believed that granting an extension was reasonable and believed there was a likelihood that the housing would be built by 2020. Mr.Treu believed that a resolution should be written up explaining the new math and that the motion directs staff to come back with a resolution. 16. Resolution 2015-081 Approving the Forgiveness of the Remainder of Conditional Grant Award for Purchase of Tract A of the Final Plat of Fox Hollow Jill Klosterman,Housing Ms.Klosterman stated that the county made a$500,000 conditional grant to Habitat. They were only obligated to repay the money if they got money from the sale of the Fox Hollow LLC credits. They repaid $300,000 to date and had another$10,000 they were required to pay. Mr.Welaj stated that the$200,000 was an investment and would continue to build homes. Mr.Klosterman believed that Habitat served families that the county could so by allowing the money to stay with Habitat would help more families. 4 09/22/2015 Commissioner Ryan moved to approve the resolution approving the forgiveness of the remainder of the conditional grant award for purchase of Tract A of the Final Plat of Fox Hollow. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Commissioner Ryan moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Housing and Development Authority. Commissioner McQueeney seconded the motion. The vote was declared. Eagle County Housing and Development Authority 17. Engagement Letter for Loan to Lake Creek Village LLC from Wells Fargo Jill Klosterman,Housing Ms.Klosterman stated that they had been working hard to correct deferred maintenance issues at Lake Creek Village apartments. New siding and windows were still needed. Wells Fargo offered a program through HUD that allowed for this type of project. The engagement letter before the board was with Wells Fargo and would be HUD insured. The loan would be paid from the proceeds of cash flow from Lake Creek. She believed it was a good financial decision and the right thing to do for the residents. Chairman Chandler-Henry asked about the time line. Ms.Klosterman stated that with the board's approval the loan process would begin. Once funds became available, an RFP would be drafted and work could begin as early as April,weather permitting. The loan amount was estimated to be$6.1 million. A deposit of$35,000, which was partially non-refundable,was required along with the engagement letter to begin the process. Commissioner McQueeney moved to approve the engagement letter for loan to Lake Creek Village LLC from Wells Fargo. Commissioner Ryan seconded the motion. The vote was declared unanimous. Commissioner Ryan moved to adjourn as the Eagle County Housing and Development Authority. Commissioner McQueeney seconded the motion. The vote was declared unanimous. Work Session Strategic Planning Brent McFall and Aric Otzelberger,Administration There being no further business be�� c': e meeting w:s adjourned until September 29,2015. A * * ri j 4- 4e- Attest: I —AL l ln/L of A 1 c -o,pfw� I/I LIJ I Clerk to the�Board Chairma 5 09/22/2015