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HomeMy WebLinkAboutMinutes 12/04/18 PUBLIC HEARING December 4, 2018 Present: Kathy Chandler-Henry Chairman Jillian Ryan Commissioner Jeanne McQueeney Commissioner Jeff Shroll County Manager Beth Oliver Deputy 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 Commissioner McQueeney reminded everyone that it was Colorado Gives Day, a day to support your local nonprofits. There were 50 nonprofits working together to elevate the donations. She strongly believed it was the nonprofits that helped make Eagle County what it was. Commissioner Ryan stated that she was honored to be appointed to the Governor Elect's transition team and would be co-chairing the Health and Human Services sub-committee. The teams would be recommending cabinet level positions and new opportunities to the new administration. The public could participate by going to www.boldlyforward.co. Chairman Chandler-Henry spoke about the One Book One Valley event, an event coordinated by the Vail Public Library. The book chosen for 2019 was The Last of the Menu Girls by Denise Chavez. County Manager Updates Jeff Shroll provided an airport terminal construction update. The terminal should be ready December 19tH The team was doing a great job at getting everything ready, and he looked forward to welcoming visitors. Consent Agenda 1. Airport Underground Right-of-Way Easement with Holy Cross Energy Parcel A Andy Solsvig,Airport Operations Manager 2. Airport Underground Right-of-Way Easement with Holy Cross Energy Parcel B and C Andy Solsvig, Airport Operations Manager 3. Final Settlement of Contract between Eagle County and Kilgore Companies,LLC d/b/a Elam Construction for the 2018 Asphalt Overlay Project Nicole Trujillo, Road&Bridge Commissioner Ryan moved to approve the Consent Agenda for December 4, 2018, as presented. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 1 12/04/2018 Constituent Input Chairman Chandler-Henry opened constituent input. Andy Wiessner from the Roaring Fork Valley spoke. He presented 2,400 signatures against a development above Edwards which would was proposing the paving of 4.5 miles of National Forest. Chairman Chandler-Henry stated that the proposal was currently before Forest Service and if the Forest Service issues a final approval,the application would go before the board by way of a 1041 application for water and wastewater permits. Chairman Chandler-Henry closed constituent input Business Items 1. Resolution 2018-093 Concerning Appointments to the Eagle County Regional Transportation Authority Board Claire Wilson, ECO Transit Executive Summary: Updated Appointments Resolution for the Eagle County Regional Transportation Authority Board for Red Cliff, appointing Valarie Blevins as a regular member and Lorenzo Sandoval as an alternate member. Commissioner McQueeney moved to approve the resolution concerning appointments to the Eagle County Regional Transportation Authority Board. Commissioner Ryan seconded the motion. The vote was declared unanimous. 2. Resolution 2018-094 Adopting a Fourth Supplemental Budget for 2018 Jill Klosterman, Finance Executive Summary: BoCC will review the 4th Supplemental request on November 27, 2018 during the Manager update. Public Notice will be completed on November 29th, 2018, and the request for these additional Appropriations will be made in the December 4, 2018 public meeting. Jill Klosterman presented the request. She expected this request would be the last for 2018. There was $12.7 million of expenditures for the 2018 budget. However there was additional revenue covering $10.6 million. The net impact being$2 million of fund balance included in the revenue was additional interest income of about $500,000. The items that were in the supplemental were grouped into categories;the biggest of the categories was capital items. She also spoke about some accounting changes. The supplemental showed that at the start of 2018, there was about $145 million in fund balance, and it was projected that they would end the year at$132 million. Most of the spending was a result of capital projects. Chairman Chandler-Henry commented on the General Fund balance and believed the county remained in a strong position financially. Commissioner Ryan thanked Ms. Klosterman for her hard work. Commissioner McQueeney asked Ms. Klosterman about a term she used, Governmental Accounting Standards Board (GASB), which she believed allowed for improved transparency. Ms. Klosterman stated that the summary was in BoardDocs and if anyone wanted additional information they could contact her directly. Commissioner Ryan moved to approve the resolution adopting a fourth Supplemental Budget for 2018. Commissioner McQueeney seconded the motion. The vote was declared unanimous. 2 12/04/2018 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 Ryan seconded the motion. The vote was declared unanimous. Eagle County Housing and Development Authority 1. Approval of Eagle County Housing&Development Authority Supplemental Budget 2018 Jill Klosterman, Finance Executive Summary: BoCC will be reviewing the 4th Supplemental on November 27, 2018 during the Manager update. Public Notice will be completed on November 29, 2018 and the request for these additional Appropriations will be made in the December 4, 2018 public meeting. Ms. Klosterman stated that the budget for the Housing Authority was required to be approved by the EC H DA. Commissioner Ryan moved to approve the Eagle County Housing&Development Authority Supplemental Budget 2018 for Lake Creek Village Apartments and Commissioner McQueeney seconded the motion. The vote was declared unanimous. Commissioner McQueeney moved to adjourn as the Eagle County Housing&Development Authority and re-convene as the Eagle County Board of County Commissioners. Commissioner Ryan seconded the motion. The vote was declared unanimous. Planning Files 1. PR-7789 Vines at Vail Extension Kris Valdez Planning and Richard Davies, Engineering Executive Summary: The Applicant is requesting a two (2)year extension to the Final Plat for the Vines at Vail Planned Unit Development(File No. PDF-00098), initially approved on November 6, 2007. The original Final Plat approval vested the subdivision of the property for five (5)years. This request is the fourth extension request for the Vines at Vail Final Plat for Planned Unit Development. Ms. Valdez presented the request. The applicant was requesting a two year extension. This was the fourth extension request for the Final Plat for the Vines at Vail PUD. The parcel was located above Wolcott. There were three standards for approval, and staff believed the application failed to conform to these standards. Staff recommended denial. If the Board wished to approve the file, staff recommended two conditions requiring the applicant to provide a Subdivision Improvements Agreement with a detailed construction schedule and collateral in the form of a Letter of Credit for construction of 100%of the first phase of Public Improvements for the PUD within 90-days of the extension approval. Dominic Mauriello with Mauriello Planning Group LLC spoke on behalf of the applicant, Patrick Churchillo. Mr. Churchillo had hoped to move his winery from 4 Eagle Ranch to this property and, as a longtime resident of the county, was invested in this project. To lose the PUD approval and start over would be devastating to him. While the SIA agreement still needed to be updated and work was needed on the Letter of Credit, both were in good shape and ready to go. This project was 38.5 acres with approximately 21 acres dedicated to open space buffering the bordering BLM land. Mr. Mauriello reviewed the proposed uses. He spoke about the economic cycles and recent interest in the property. The applicant believed the project fully complied with the Comprehensive Plan and Land Use Regulations. He believed the arguments had been genuine and there were legitimate reasons why the project had not moved forward. They had people who submitted a letter of interest on the property. He believed there was no limit on the number of extensions that could be granted. He suggested that there could be an alternative to the extensions by tying the infrastructure to the first building permit. The criteria 3 12/04/2018 seemed a little subjective and flimsy. Clearly the economic climate had been beyond the applicant's control. The project was shoveled ready and there was a reasonable likelihood the next step in the development would happen in the next two years. Commissioner McQueeney wondered why the applicant had not responded to Colorado Parks and Wildlife's (CPW) letter. Mr. Mauriello stated that their thoughts were that it would not change the opinion of staff but they were willing to have the conversation. Chairman Chandler-Henry opened public comment. Beth Reilly, Eagle Valley Accounting Services, spoke about the need for employee housing. She'd known the applicant and believed he had a great reputation in the valley, and she had a lot of confidence in what he could do. Michael Hazard spoke. He spoke about the need for affordable housing and the advantages of the development. He believed the project was viable. Tab Bonidy spoke. He stated that there was a lot of excitement about the project. He believed the project was ready to go as soon as the financing and a developer were in place. Bob Rulon, Gypsum homeowner, expressed support for the development. He'd know Mr. Churchillo for many years and supported his efforts. Joe Johns spoke. He was one of the candidate developers in the property. The interest in the property was real. He would have no personal interest at all if there was not an approval of the project. To essentially unapproved it was not logical as the economy was improving. He asked the board to consider a phased infrastructure investment. Lai White spoke. She expressed excitement for the project. She stated that they had many investors waiting to see how this extension granted. Michelle Hayes spoke. She expressed support for the request. Chairman Chandler-Henry closed public comment. Commissioner McQueeney stated that she wanted to approve the file but was disappointed with the progress in the last two years. The standards were in place because circumstances change, and the public relied on the board to implement the standards. She believed the applicant had not addressed staffs recommendations. Mr. Mauriello believed that the 90-day requirement was too soon. He suggested one year. Commissioner Ryan stated that she had granted the last three extensions on the file and was sensitive to how difficult it was for developers to make the numbers work. The last three times the file had been heard,the economy had been the hardship. But at this point, developments had been moving forward, and she wondered if it was the project that was financially complicated. She struggled with lack of evidence that the next steps in development would occur in the next two years. Chairman Chandler-Henry stated that the board understood the need for workforce housing and some of the other potential uses. She reviewed the standards and believed that there was no evidence presented that circumstances were beyond control of the developer. She was very concerned with the CPW letter not being updated as there was much more concern with the wildlife. There was nothing in writing that showed the progress would occur this time. She believed that approving the extension in perpetuity was irresponsible. She believed the standards weren't flimsy and were straight forward. She was prepared to vote with staffs recommendation of denial. Mr. Mauriello requested a tabling of the file in order to provide a letter of support from CPW. Mr. Churchillo stated that there was an offer on the table. They were waiting for an extension to move forward. Commissioner McQueeney stated that CPW letter addressed only one of the standards. It was the likelihood of progress. She would consider the 90-day condition. Chairman Chandler-Henry stated that the board would be going into Executive Session to ask for advice from the county attorney regarding a tabling. She believed that the applicant's presentation was disrespectful of the conditions. Anything that came forward in the future, she would want to see evidence of the three conditions being met. 4 12/04/2018 It was moved, seconded and unanimously agreed to go into Executive Session for the purpose of receiving legal advice on PR-7789 Vines at Vaile Extension,which are appropriate topics for discussion pursuant to C.R.S. 24-6-402(4)(b) and(e) Colorado Revised Statutes. At the close of the discussion, it was moved, seconded and unanimously agreed to adjourn from Executive Session and re-convene as the Board of County Commissioners. Chairman Chandler-Henry stated that the board discussed a 30-day tabling which would allow the applicant to come back and request for an extension that would address the standards. She asked the applicant if this was acceptable. Mr. Mauriello accepted the request to table. Commissioner McQueeney moved to table File No. PR-7789, to January 22, 2018. Commissioner Ryan seconded the motion. The vote was declared unanimous. Work Session 1. Safe Passages for Wildlife Plan 2. Presentation of the 2019 Budget There being no further busin s ' I t s` :sard,the meeting was adjourned until December 11,2018. Attest: 4L4. ���lu�c_—. cotORI 44)"' �Q (k-ad Clerk to the Board Ch it an 5 12/04/2018