No preview available
HomeMy WebLinkAboutMinutes 07/05/2022 PUBLIC HEARING • July 5, 2022 Present: Jeanne McQueeney Chairman Kathy Chandler-Henry Commissioner Matt Scherr Commissioner Jeff Shroll County Manager Beth Oliver Deputy County Attorney Matt Peterson Assistant 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: Constituent Input Chairman McQueeney opened constituent input. Joanna Kerwin,Edwards resident, spoke. She stated that she just watched the Town of Vail(TOV)Housing Authority meeting and expressed frustration over comments made about the TOV partnering with other municipalities to purchase Edwards RiverPark. She believed that this would be an irresponsible use of taxpayer money. She asked that the county not participate in this venture but allow a developer to develop the property and then partner with the developer to buy down the deed restricted units. Chairman McQueeney closed public comment. Commissioner Updates Commissioner Chandler-Henry wished everyone a happy Independence Day month. She stated it was great to see people out and about and reconnecting with the values that united everyone. Chairman McQueeney gave a shout out to the airport staff for their work on the TSA pre-approval program. Commissioner Scherr had nothing to share. County Manager Updates Jeff Shroll spoke of his position as the Executive Sponsor for the Diversity Equity and Inclusion efforts at Eagle County. He had the opportunity to host two focus groups, and the feedback was outstanding. Consent Agenda 1. Ratification Memorandum of Understanding for the Colorado Child Care Assistance program(CCCAP) Between Eagle County and the of Department of Early Childhood Kathleen Lyons, Human Services 1 07/05/2022 2. Ratification of Memorandum of Understanding: The State of Colorado Department of Human Services and The Board of County Commissioners for Colorado Works(CW)program Kathleen Lyons,Human Services 3. Ratification of Memorandum of Understanding Amendment#2 WIOA MOU between the Colorado Rural Workforce Consortium(CRWC)and The Board of County Commissioners for Eagle County Department of Human Services Megan Burch, Human Services 4. Resolution 2022-053 Appointing 2022 Independent Hearing Officers for the County Board of Equalization Rhea Silverkorn, Administration 5. FAA Airport Improvement Program(AIP)Grant No. 3-08-0020-067-2022: Update Airport Master Plan Josh Miller,Airport 6. Intergovernmental Agreement with the Eagle River Water and Sanitation District for a Shared Construction Project Including the Eagle Valley Trail Dowd Junction Segment Kevin Sharkey, ECO Trails 7. Encroachment Agreement Between Eagle County and Moller-Gomez RE3 LLC Regarding Right-Of-Way at 2114 Vermont Rd Nicole Mosby,Engineering 8.Agreement for Procurement and Installation Services between Eagle County and Trane US, Inc for VAV HVAC systems at the Eagle County Justice Center Ron Siebert,Facilities Management 9. Second Amendment to Agreement between Eagle County and Skyline Mechanical, Inc. for on call HVAC Services for Eagle County Facilities Arturo Mayo,Project Manager Commissioner Scherr moved to approve the Consent Agenda for July 5,2022 as presented. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Business Item(s) 1. Resolution 2022-054 Adopting a Fourth Amendment to the Schedule for Airline Rates and Charges for Eagle County Regional Airport David Reid,Airport Executive Summary: In March of 2020,the Board of Commissioners established a schedule of airline rates and charges for EGE, scheduled to become effective on May 1,2020. This resolution was amended in May,2020, December 2020, and December 2021 due to the ongoing impacts of the COVID pandemic and uncertainty within the airline industry. This fourth amendment is requested for similar reasons,as the effects of the pandemic continues to create an unpredictable airline industry. Additionally,this extension would provide time to review the airport's post-pandemic rate methodology approach. 2 07/05/2022 Mr. Reid explained that this fourth amendment would hold them over till the end of the year allowing them time to re-evaluate the rate structure developed in 2019. Commissioner Chandler-Henry moved to approve the resolution adopting a fourth amendment to the schedule for airline rates and charges for Eagle County Regional Airport. Commissioner Scherr seconded the motion. The vote was unanimous. 2.Agreement Concerning Extinguishment of the Preliminary Plan, 1041 Permit, Subdivision Improvements Agreement and the Final Plat for the West End Planned Unit Development Beth Oliver,Attorney's Office Executive Summary: The purpose of this Extinguishment Agreement is to memorialize the agreement of the County and the current owner of the now expired West End PUD property to extinguish the expired PUD zoning, the expired Final Plat and SIA, and the expired 1041 Permit. Section 5-280.B.5.d(4)—Hearing on Permit Expiration, and Section 5-210(H)—Extinguishment of Approvals,of the Eagle County Land Use Regulations, provides that if a developer has not installed infrastructure required for the subdivision, or if the Final Plat for PUD is not extended before it expires,then a hearing shall be initiated to determine whether to extinguish the approval of the Final Plat for Subdivision. The current property owner has agreed that the approvals for the former West End PUD have expired, and it has elected to waive the hearing required by the ECLUR and enter into the attached Extinguishment Agreement. The effect of the agreement is to formally extinguish the prior approvals for the West End PUD. The purpose of the attached Resolution is to confirm the extinguishment and ratification of the Extinguishment Agreement. Ms. Oliver stated that the West End PUD was approved in 2007. The developer requested one two-year extension but never moved forward, so the approval expired in July of 2016. This was an administrative piece of the process so that the board could extinguish the approvals that had expired and allow a new developer to come in with a fresh start. Jim Telling,Project Partner with East West Partners, stated that they purchased the parcel at the end of last year and had been working with staff to bring in an application for apartments on the site. Their hope was to get an application turned in within a few weeks and begin the public process. That this was the first step in the process before submitting their application . Commissioner Scherr moved to approve the Agreement concerning the extinguishment of the Preliminary Plan, 1041 Permit, Subdivision Improvements Agreement and the Final Plat for the West End Planned Unit Development. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 3. Resolution 2022-055 Extinguishing Expired Preliminary Plan for PUD, 1041 Permit, Subdivision Improvements Agreement and Final Plat for West End PUD-Eagle County File Nos. PDSP-00025; ZC-00087; and PDF-00101 Beth Oliver,Attorney's Office Executive Summary: The purpose of this Extinguishment Agreement is to memorialize the agreement of the County and the current owner of the now expired West End PUD property to extinguish the expired PUD zoning, the expired Final Plat and SIA, and the expired 1041 Permit. Section 5-280.B.5.d(4)—Hearing on Permit Expiration, and Section 5-210(H)—Extinguishment of Approvals, of the Eagle County Land Use Regulations, provides that if a developer has not installed infrastructure required for the subdivision,or if the Final Plat for 3 07/05/2022 PUD is not extended before it expires,then a hearing shall be initiated to determine whether to extinguish the approval of the Final Plat for Subdivision. The current property owner has agreed that the approvals for the former West End PUD have expired,and it has elected to waive the hearing required by the ECLUR and enter into the attached Extinguishment Agreement. The effect of the agreement is to formally extinguish the prior approvals for the West End PUD. The purpose of the attached Resolution is to confirm the extinguishment and ratification of the Extinguishment Agreement. Commissioner Chandler-Henry moved to approve the Resolution Extinguishing Expired Preliminary Plan for PUD, 1041 Permit, Subdivision Improvements Agreement and Final Plat for West End PUD -Eagle County File Nos. PDSP-00025;ZC-00087; and PDF-00101 Commissioner Scherr seconded the motion. The vote was unanimous. Meet & Greet - Holy Cross Room 1. Julie Sutor- Congressman Neguse's Office Planning File - Mt. Sopris Room, El Jebel 1. Minor Type A Subdivision, SMA-9163-2021, Grandy Subdivision TJ Dlubac,Eagle County Community Development Contract Planner Executive Summary: The applicant requests approval of a Minor Type A Subdivision for a 20.62 acre property located off Castle Drive in the El Jebel area,parcel number 2467-013-00-001 Project Name: Minor Type A Subdivision, Grandy File No.: SMA-9163-2021 Location: TBD Castle Drive,Parcel#2467-013-00-001 Owner: Christina Grandy Applicant: Christina Grandy Representative: Doug Pratt,The Land Studio Staff Planner: TJ Dlubac,AICP Contracted County Planner Staff Engineer: Julie Pranger, PE, CFM, Staff Engineer County Attorney: Matt Peterson,Assistant County Attorney Matt Peterson,Assistant County Attorney provided a motion to allow the commissioners to go into Executive Session. Commissioner Scherr moved to go into Executive Session for the purpose of receiving legal advice and discussing matters that may be subject in negotiation regarding the Grandy Subdivision noticing requirements,an appropriate topic for discussion pursuant CRS 24-6-402 (4)(b)and(e). Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Matt Peterson explained that the board went into executive session to discuss a potential noticing issue with this application. Unfortunately,the notices submitted to the newspaper and adjacent property owners identified the address of this parcel as being on Castle Drive whereas the plat and other documentation in the file indicates the property may be on Castle Lane. Letters were sent and staff received some public comment based on the noticing done on the file.At this point,the board had turned it over to the applicant to consider whether they would like to discuss a continuance of the file,renotice the file,proceed today. 4 07/05/2022 Commissioner McQueeney stated that in executive session it was determined that the board was comfortable with the posting understanding that there may have been some confusion but there were people who responded and wanted to leave it up to the application to determine whether they want to correct. Doug Platt,representative for the applicant, stated that the title commitment states Castle Drive,the Assessor's Office states Castle Drive, and the GIS Department indicated that the road was Castle Lane. The applicant requested clear direction from Eagle County about the name on the plat and was willing to provide a public notice in both names. The applicant would request a continuance to August 11 th but would like to get all the correct information from the county. Commissioner McQueeney stated that the county would notice it with both addresses and would clarify with the Assessor and GIS Department. Commissioner Chandler-Henry moved to table file no. SMA-9163-2021,to August 11, 2022 at 12:30 p.m. Commissioner Scherr seconded the motion. The vote was unanimous. There being no further business before the Board,the meeting was adjourned until July 12,2022. Attest: Clerk to the Board Chairman 5 07/05/2022