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HomeMy WebLinkAboutMinutes 02/27/18 PUBLIC HEARING February 27, 2018 Present: Kathy Chandler-Henry Chairman Jeanne McQueeney Commissioner Mike Nugent Deputy County Manager Kelley Collier Deputy County Manager Bryan Treu County Attorney Beth Oliver Assistant County Attorney Kathy Scriver Deputy Clerk to the Board Absent: Jillian Ryan Commissioner This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Commissioner Updates Commissioner McQueeney spoke about some legislation being proposed that supported families with young children and childcare providers. Chairman Chandler-Henry stated that Commissioner Ryan was out working on behalf of the county with a team from Eagle County and some community partners. Commissioner Ryan was at a Sonoran Institute training for climate resiliency and sustainability in communities and would be reporting back next week. Chairman Chandler-Henry stated that she would be heading off to the National Association of Counties meeting next week. This was an opportunity to interact with all the Federal legislative staff about water issues, airport issues,and the transfer of boat ramps to the Bureau of Land Management. Financial Reporting Award Eagle County received a Certificate of Achievement for Excellence in Financial Reporting Program ("CAFR Program") for the 2016 fiscal year.This is the 19th year the County has received this award. The Governmental Finance Officers Association("GFOA") established the CAFR Program in 1945 to encourage and assist state and local governments to go beyond the minimum requirements of generally accepted accounting principles and to prepare comprehensive annual financial reports that evidence the spirit of transparency and full disclosure. Individual governments that succeed in achieving that goal are recognized. The goal of the program is not to assess the financial health of participating governments,but rather to ensure that users of their financial statements have the information they need to do so themselves. The Finance Department has invested significant time and effort to ensure that the County once again received a clean audit opinion and was awarded this certificate in the CAFR Program. The County benefits from all of their hard work by knowing that we're making decisions based on accurate,transparent, and comparable financial information. Chairman Chandler-Henry presented. She encouraged the public to visit the website and view the Financial Reports. They were easy to read and provided a lot of information about the county. 1 02/27/2018 Consent Agenda 1. Approval of the Minutes of the Board of County Commissioner Meetings for January 9,January, 16, and January 23,2018 Kathy Scriver, Clerk&Recorder's Office 2. Agreement Between Eagle County and Clarion Associates-Land Use Code Re-Write Project Damian Peduto, Community Development 3. Second Amendment between Eagle County and Alan Kokish Inc. DBA Custom Catering Carly Rietmann, Public Health&Environment 4. Third Amendment to Agreement between Eagle County and the State of Colorado regarding the Northwest Loan Fund Jill Klosterman,Finance Commissioner McQueeney moved to approve the Consent Agenda for February 27, 2018, as presented. Chairman Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Constituent Input Chairman Chandler-Henry opened constituent input. Joanne Rock commented on Blockchain technology. She also expressed her thoughts on opioid addiction and the need to block the fentanyl distribution. Commissioner McQueeney moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Housing and Development Authority. Chairman Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Eagle County Housing and Development Authority 1. Second Amendment to the Agreement between Eagle County Housing and Development Authority and the Town of Vail Kim Bell Williams,Housing Executive Summary: The Eagle County Housing&Development Authority through The Valley Home Store shall provide housing services to the town of Vail in partnership with the resales of deed restricted housing inventory, annual housing lottery, first time homebuyer classes, credit counseling, foreclosure prevention, and additional housing related services. Ms. Bell spoke about the services provided by the Valley Home Store.The ECHDA also had agreements with the Towns of Eagle, Avon, and Eagle Ranch. Commissioner McQueeney moved to approve the second amendment to the agreement between Eagle County Housing and Development Authority and the Town of Vail. Chairman Chandler-Henry seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. 2 02/27/2018 Commissioner McQueeney moved to adjourn as the Eagle County Housing Authority and re-convene as the Eagle County Board of County Commissioners. Chairman Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Work Session 1. Winter Olympics Exploratory Process Executive Summary: Reeves Brown,Community Engagement Consultant to the Olympics Exploratory Committee,will be here to discuss potential merits of Colorado hosting a future Winter Games. Elected officials and constituents will be able to ask questions and provide feedback. Planning Files 1. Final Plat for 6 West Apartments Sean Hanagan,Planning Executive Summary: Final Plat approval for the 6 West PUD Amendment. 6 West consists of 120 for-rent multi- family units with 70%of those units deed restricted through Resident Occupancy(RO)requirements. Mr. Hanagan provided an overview and provided visuals. This was the third step in the process. He reviewed the standards for Final Plat and indicated that the proposal was in conformance with the standards. He reviewed the conditions and associated documents that included an access agreement,restrictive covenant, and water conveyance agreement. Staff supported the request and recommended approval. Ms. Oliver stated that all the documents were necessary as part of the Final Plat. The recommended motion included all the documents. Jason Cowles, Engineering Manager with Eagle River Water& Sanitation District spoke about the Water Efficiency plan. He stated that the ERWSD worked closely with the applicant and county staff to work water into the approvals. This was a pilot project and a direction they wished to continue. A water budget was incorporated into the PUD guide which would be enforceable per the service agreement. The guide laid out water use for the project and provided some certainty as to what the water usage would be and would hold the developer accountable. Chairman Chandler-Henry opened and closed public comment, as there was none. Commissioner McQueeney moved that the Eagle County Board of Commissioners approve File No.PDF- 7316 6 West PUD Final Plat,the accompanying Subdivision and Off-Site Improvements Agreement, 6 West PUD Access Easement Agreement,the 6 West PUD Restrictive Covenant,Water Conveyance Agreement; authorizing the Chair to sign the Plat, agreements, and construction plans. Chairman Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Ms. Oliver indicated that the Restrictive Covenant was something that would be approved by the Housing Authority. 2. Subdivision and Off-Site Improvements Agreement between Eagle County and 6 West Apartments LLC Sean Hanagan,Planning Executive Summary: Concurrent with the approval of the Final Plat for the 6 West Apartments Subdivision,the County and 6 West Apartments LLC will enter into a Subdivision and Off-Site Improvements Agreement requiring 3 02/27/2018 the developer to construct and collateralize the improvements for the subdivision as approved in the resolution approving the Preliminary Plan for the 6 West Apartments PUD. To ensure the installation of necessary public improvements, the developer has provided collateral in the form of a letter of credit for landscape and infrastructure and other improvements. 3. Public Access Easement Agreement between 6 West Apartments LLC and Eagle County Sean Hanagan,Planning Executive Summary: Pursuant to the resolution of approval for the Preliminary Plan for the 6 West Apartments PUD, the Grantor has agreed to grant a public access easement across the 6 West Apartments PUD property for pedestrian and vehicular ingress and egress on a sidewalk and road to be constructed between Murray Road and Highway 6. This Agreement documents the public access easement. The easement is also depicted on the Final Plat for 6 West Apartments. 4. Water Conveyance Agreement between Eagle County and the Upper Eagle Regional Water Authority-6 West Sean Hanagan,Planning Executive Summary: As part of the approval of the Preliminary Plan for the 6 West Apartments PUD,the County agreed to grant a dedication of water rights of 12.56024 acre feet from the County's share of the Eagle Park Reservoir stock for 6 West Apartments LLC,valued at $323,879.00,to satisfy all or a portion of the Eagle River Water& Sanitation District's water dedication requirement for the 6 West project. This agreement documents the conveyance of the water rights from the County to the Upper Eagle Regional Water Authority. Commissioner McQueeney moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Housing and Development Authority. Commissioner Chairman Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Eagle County Housing and Development Authority 1. Restrictive Covenant between 6 West Apartments LLC and the Eagle County Housing and Development Authority Sean Hanagan,Planning Executive Summary: As part of the approval of the Preliminary Plan for the 6 West Apartments PUD,the developer agreed to a restrictive covenant limiting the use and occupancy of 70%of the 120 units to Eligible Households. This restrictive covenant documents those restrictions and limitations, and will be recorded immediately following approval of the Final Plat. The restrictive covenant will be senior to any and all other liens on the 6 West Apartments PUD property. Tori Franks, ECHDA Real Estate&Development Manger spoke about the partnership between the Housing Authority and 6 West. There were three documents,the restricted covenant,the water loan, and the loan documents. Ms. Oliver added that in conjunction with the loan agreement there was a promissory note in a deed of trust. Commissioner McQueeney moved to approve the restrictive covenant between 6 West Apartments LLC and the Eagle County Housing and Development Authority. Chairman Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 4 02/27/2018 • 2. Loan Agreement between the Eagle County Housing and Development Authority and 6 West Apartments, LLC Executive Summary: As part of the approval of the Preliminary Plan for the 6 West Apartments PUD,the County agreed to grant a dedication of water rights of 12.56024 acre feet from the County's share of the Eagle Park Reservoir stock to 6 West Apartments, LLC,valued at $323,879.00,to satisfy all or a portion of the Eagle River Water& Sanitation District's water dedication requirement for the 6 West project. 6 West Apartments LLC has agreed to pay the value of the water rights($323,879)to the Eagle County Housing and Development Authority (ECHDA), as evidenced by this Loan Agreement (the "Loan"). The Loan is also evidenced by a promissory note and a deed of trust. The Loan does not carry any interest. However, if the Loan is not paid off in full on or before the fifth anniversary of the date of the Loan Agreement, 6 West Apartments LLC will pay to the ECHDA on the maturity date the "shared appreciation" in the property. The maturity date is the earliest of: (i) ECHDA's acceleration of the Loan under the deed of trust; (ii)6 West Apartments LLC's refinancing of the first priority construction loan that finances the construction of the project; (iii)6 West Apartments LLC's sale or transfer of the Property; and(iv)the 15th anniversary of the date of the Loan(February 27, 2033). Commissioner McQueeney moved to approve the loan agreement between the Eagle County Housing and Development Authority and 6 West Apartments,LLC. Chairman Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. 3. FirstBank Subordination and Standstill Agreement between FirstBank and the Eagle County Housing and Development Authority Sean Hanagan,Planning Executive Summary: 6 West Apartments LLC has obtained construction financing from FirstBank for construction of the Project. As part of the agreement with regard to the ECHDA Loan, the ECHDA Loan Agreement, ECHDA Note, and the ECHDA DOT will be subordinate to the FirstBank construction financing. This document evidences the subordination agreement. The restrictive covenant is not subject to this agreement and is not subordinate to the construction financing. Commissioner McQueeney moved to approve the agreement between FirstBank and the Eagle County Housing and Development Authority. Chairman Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. Commissioner McQueeney moved to adjourn as the Eagle County Housing Authority and re-convene as the Eagle County Board of County Commissioners. Chairman Chandler-Henry seconded the motion. Of the two voting Commissioners,the vote was declared unanimous. dt 0 There being no further busines• • ► d,the meeting was adjourned until March 13, 2018. • Attest: V .,t L.-!IA 0 r�u►4-c— coLoR��O --'tA20Yrn Clerk to the Board Q�-u 1 Lw_ 1014: " 5 02/27/2018