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HomeMy WebLinkAboutBOCC Packet 05222013 MinutesPITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA Plaza One Meeting Room WEDNESDAY, MAY 8, 2013 -12:00 NOON ADDITIONS/DELETIONS TO AGENDA PUBLIC COMMENT, COMMISSIONER COMMENTS Month of the Young Child Proclamation, Shirley Ritter CONSENT ACTIONS 1. Minutes of 4/16/13, 4/23/13 Work Session and Regular Meeting of 4/24/13. CONSENT ACTIONS 1ST READING and Set for Public Hearing on May 22 2. Ordinance Amending Ordinance NO. 011-2012 Lease Agreements with the Community Non -Profit Lessees and Authorizing the Chairman to Execute Lease Agreements for Space Located at the Michael W. Schultz Health & Human Services Building, Jodi Smith 3. Ordinance Amending the Aspen/Pitkin County Affordable Housing Guidelines, Part VII, Section 12, and establishing a New Methodology for Calculation of Affordable Housing Impact Fees, Tom McCabe 4. Ordinance Adopting Amendment to the AspenlPitkin County Affordable Housing Guidelines, Tom McCabe 5. Resolution Approving a Memorandum of Understanding between Pitkin County and the USDA Forest Service, White River National Forest Service for Cooperative Frequency Use, Bruce Romero 6. Ordinance Authorizing Execution of Two Amendments to Agreements for On -Airport Rental Car Operators, Brian Grefe 7. Resolution Providing Supplemental Appropriations to the 2012 Budget (Year End), John Redmond & Susan Atwood 8. Ordinance Accepting a Trail Easement from Dan Bunta and Mary Manning, Dale Will 9. Ordinance Authorizing an Amendment to the 2003 Option Contract for the Purchase of a Conservation Easement from Capital Creek Ranch, Dale Will CONSENT PULIC HEARINGS, 2ND READING 10. Ordinance Approving a Contract for a Site Lease for ITT Excelis at the Aspen/Pitkin County Airport, Brian Grefe 11. Resolution Authorizing Budget Carryover Projects, Susan Atwood, John Redmond 12. Resolution Authorizing the Pitkin County Clerk and Recorder to Conduct the November 5, 2013 Election by Mail Ballot in Accordance with C.R.S. 1-7.5-101 et seq., Bill Mast LAND USE PUBLIC HEARINGS 1. Nichols Family Trust Rezoning to CD-PUD, 2nd Reading, (Continued from 4/24/13), PH (PN 2/7/13), S. Wolff 2. Nichols Family Trust CD-PUD Plan Review, GMQS Exemption, Activity Envelope Review, 2nd Reading, (Continued from 4/24/13), PH (PN 2/7/13), S. Wolff 3. Inn at Aspen Expansion of a Non -Conforming Use/Structure, PH (PN 4/4/13), M. Kraemer LAND USE ACTION BOCC OPEN DISCUSSION ADJOURN AGENDAS SUBJECT TO CHANGE MINUTES BOARD OF COUNTY COMMISSIONERS REGULAR MEETING MAY 8, 2013 PLAZA ONE MEETING ROOM The agenda items contained in these minutes are written in an action only format. For a video and/or audio production of this meeting, go to: http://www. aspenpitkincom/Departments/Board-of-County-Commissioners/County- Webcasts For all staff memoranda and associated documents, go to: http://www.aspenpitkin. com/Whats-New-/Calendar-Events/ CALL TO ORDER: Chairman George Newman called the Board of County Commissioners Regular Meeting to order at 12:00 PM. COUNTY COMMISSION MEMBERS PRESENT: George Newman, Rob Ittner, Rachel Richards, Michael Owsley, and Steve Child COMMISSION MEMBERS ABSENT: None PROCLAMATION: Chairman Newman read a Proclamation into the record and before a group of teachers and children from the Early Learning Center. The Proclamation proclaimed May, 2013 as the Month of the Young Child. The 23rd Annual Aspen Children's Parade will take place on Thursday, May 16, 2013 starting at 10AM in front of Boogies on Cooper and Hunter Streets. ADDITIONS/DELETIONS TO THE AGENDA: County Manager, Jon Peacock informed the board that two items are being removed from the agenda. The first is item number 3 under Consent Actions, 1st readings and is entitled Ordinance Amending the Aspen/Pitkin County Affordable Housing Guidelines, Part VII, Section 12, and establishing a New Methodology for Calculation of Affordable Housing Impact Fees. This is based upon the number of questions raised before this meeting. Staff has decided to workshop more on this item before coming to a regular meeting. BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING MAY 8, 2013 The second item to be removed from today's agenda is number 12 under Consent Public Hearings, 2nd readings. It is entitled Resolution Authorizing the Pitkin County Clerk and Recorder to conduct the November 5, 2013 Election by Mail Ballot in Accordance with C.R.S. 1-7.5-101 et seq. This is because of passage of House Bill 13- 13.03 which actually mandates mail ballot elections. There is a lot of dove tailing that goes with that and two areas of conflict that need to be resolved. They are early voting and the voting center requirements. PUBLIC COMMENT: None COMMISSIONER COMMENTS: Both Chairman Newman and Commissioner Richards congratulated Art Daily and Ann Mullins for winning seats on the Aspen City Council at yesterday's election. They complimented ail the candidates for Mayor and City Council with running fair and honest campaigns. There will be an upcoming runoff for Mayor between Torre and Steve Skadron. Commissioner Richards informed the public that they need to contact the City Clerk's office at City Hall for more information about that runoff election. CONSENT ACTIONS: Minutes of the Board of County Commissioners' Work Session Meetings of April 16 and 23, 2013; and Regular Meeting of April 24, 2013 Staff Person: Lyndee R. Dean, Clerk to the Board of County Commissioners ACTION: Commissioner Ittner moved to approve the minutes. Commissioner Child seconded the motion. Motion passed 4 to 0 with Commissioners Newman, Ittner, Richards and Child voting aye and Commissioner Owsley abstaining due to the fact that he was on vacation during said meetings. CONSENT ACTIONS, 1ST READINGS AND SET FOR PUBLIC HEARING ON MAY 22. 2013: First Reading of Ordinance Amending Ordinance No. 011.2012 Approving the Lease Agreements with the Community Non -Profit Lessees and Authorizing the Chairman to Execute Lease Agreements for Space Located at the Michael W Schultz Health and Human Services Building Staff Person: Jodi Smith, Facilities Manager ACTION: Commissioner Richards moved to approve, on first reading, the Ordinance Amending Ordinance No. 011.2012 Approving the Lease Agreements with the Community Non -Profit Lessees and Authorizing the Chairman to Execute Lease Agreements for Space Located at the Michael W Schultz Health and Human Services Building and set second reading and public hearing to May 22, 2013. Commissioner Ittner seconded the motion. Motion passed 5 to 0 with Commissioners Newman, Ittner, Richards, Owsley and Child voting aye. BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING MAY 8, 2013 First Reading of Ordinance Amending the Aspen/Pitkin County Affordable Housing Guidelines, Part VII, Section 12, and Establishing a new Methodology for Calculation of Affordable Housing Impact Fees Staff Person: Tom McCabe, Aspen/Pitkin County Housing Director THIS HAS BEEN REMOVED FROM TODAY'S AGENDA. First Reading of Ordinance Adopting Amendments to the Aspen/Pitkin County Affordable Housing Guidelines Staff Person: Tom McCabe, Aspen/Pitkin County Housing Director DIRECTION: Commissioner Richards said that the board will be reviewing this program in a year to see if issues crop up regarding rentals being used by vacationers or by qualified workers. She would like Mr. McCabe to track that issue and see if there needs to be a minimum rental period requirement. ACTION: Commissioner Child moved to approve, on first reading, the Ordinance Amending the Aspen/Pitkin County Affordable Housing Guidelines, Part VII, Section 12, and Establishing a new Methodology for Calculation of Affordable Housing Impact Fees and set second reading and public hearing to May 22, 2013. Commissioner ittner seconded the motion. Motion passed 5 to 0 with Commissioners Newman, Ittner, Richards, Owsley and Child voting aye. First Reading of Resolution Approving a Memorandum of Understanding (MOU Between Pitkin /County and the USDA, Forest Service, White River National Forest Service for Cooperative Frequency Use Staff Person: Bruce Romero, Director of Communications ACTION: Commissioner Hiner moved to approve, on first reading, the Resolution Approving a Memorandum of Understanding (MOU) Between Pitkin /County and the USDA, Forest Service, White River National Forest Service for Cooperative Frequency Use and set second reading and public hearing to May 22, 2013. Commissioner Richards seconded the motion. Motion passed 5 to 0 with Commissioners Newman, Ittner, Richards, Owsley and Child voting aye. First Reading of Ordinance Authorizing Execution of Two Amendments to Agreements for On -Airport Rental Car Operators at the Aspen/Pitkin County Airport Staff Person: Brian Grefe, Assistant Director of Aviation/Administration ACTION: Commissioner Richards moved to approve, on first reading, the Ordinance Authorizing Execution of Two Amendments to Agreements for On -Airport Rental Car Operators at the Aspen/Pitkin County Airport, with an amendment from Commissioner Child to amend the 3rd recital under the actual First Amendment document. The first sentence states Licensee has been paying the annual fee of $2.50 for Storage Lot BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING MAY 8, 2013 Space. This should read $2.50 per square foot for Storage Lot Space. Second reading and public hearing are set for May 22, 2013. Commissioner Ittner seconded the motion. Motion passed 5 to 0 with Commissioners Newman, Ittner, Richards, Owsley and Child voting aye. First Reading of Resolution Providing Supplemental Appropriations to the 2012 Budget (yearend) Staff Person: John /Redmond, Director of Finance ACTION: Commissioner Child moved to approve the Resolution Providing Supplemental Appropriations to the 2012 Budget (year end) on first reading, and set second reading and public hearing to May 22, 2013. Commissioner Richards seconded the motion. Motion passed 5 to 0 with Commissioners Newman, Ittner, Richards, Owsley and Child voting aye. First Reading of Ordinance Accepting the BuntalManning "Little Annie" Public Trail Easement Staff Person: Dale Will, Director of Pitkin County Open Space and Trails ACTION: Commissioner Richards moved to approve the Ordinance Accepting the Bunta/Manning "Little Annie" Public Trail Easement, on first reading, and set second reading and public hearing to May 22, 2013. Commissioner Ittner seconded the motion. Motion passed 5 to 0 with Commissioners Newman, Ittner, Richards, Owsley and Child voting aye. First Reading of Ordinance Authorizing Amendments to the 2002 Option Contract for the Purchase of a Conservation Easement from Capital Creek Ranch Staff Person: Dale Will, Director of Pitkin County Open Space and Trails Commissioner Steve Child is part owner of the Capital Creek Ranch and therefore recused himself from this particular item and left the meeting room. ACTION: Commissioner Richards moved to approve, on first reading, the Ordinance Authorizing Amendments to the 2002 Option Contract for the Purchase of a Conservation Easement from Capital Creek Ranch and set second reading and public hearing to May 22, 2013. Commissioner Ittner seconded the motion. Motion passed 4 to 0 with Commissioners Newman, Ittner, Richards, Owsley voting aye and Commissioner Child not voting as he was recused and out of the meeting room. Commissioner Child returned to the meeting room after the Capital Creek Ranch Ordinance voting had completed. CONSENT PUBLIC HEARINGS, 2ND READINGS: Second Reading and Public Hearingof Ordinance Approving the Site Lease with Exelis Inc. and Authorizing the Chairman to execute the Site Lease with Exelis, BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING MAY 8, 2013 Inc. for Space Located at the AspenlPitkin County Airport (Sardy Field) Airport Operations Center Staff Person: Brian Grefe, Assistant Director of Aviation/Administration ACTION: Commissioner Richards moved to approve, on second reading, the Ordinance Approving the Site Lease with Exelis, Inc. and Authorizing the Chairman to execute the Site Lease with Exelis, Inc. for Space Located at the Aspen/Pitkin County Airport (Sardy Field) Airport Operations Center. Commissioner Ittner seconded the motion. Motion passed 5 to 0 with Commissioners Newman, Ittner, Richards, Owsley and Child voting aye. Second Reading and Public Hearing of Resolution Providing Supplemental Appropriations to the 2013 Budget for 2012 Carryover Projects Staff Person: John Redmond, Finance Director ACTION: Commissioner Richards moved to approve, on second reading, the Resolution Providing Supplemental Appropriations to the 2013 Budget for 2012 Carryover Projects with the following correction raised by Commissioner Child: first page of the Resolution under Elections, ADA accessibility showing 489 under 2012 Budget and 489 under Expenditure Change needs to show 489 under Revised Budget instead of 24,000. Commissioner Child seconded the motion. Motion passed 5 to 0 with Commissioners Newman, Ittner, Richards, Owsley and Child voting aye. Second Reading and Public Hearing of Resolution Authorizing the Pitkin County Clerk and Recorder to conduct the November 5, 2013, Coordinated Election by Mail Ballot, in Accordance with C.R.S. 1-7.5-101 et seq. Staff Person: Janice K. Vos-Caudill, Pitkin County Clerk and Recorder and William Mast, Election Manager THIS HAS BEEN REMOVED FROM TODAY'S AGENDA. LAND USE PUBLIC HEARINGS: Continued Second Reading and Public Hearing of Ordinance Rezoning Nichols Family Trust Property from RS-35 to Conservation Development (CD-PUD) Staff Person: Suzanne Wolff, Senior Planner Applicant: Nichols Family Trust Applicant's Representative: Francis Krizmanich, Land Planner and Alison Eastley, Attorney AND Continued Second Reading and Public Hearing of Resolution Approving the Nichols Family Trust Conservation Development (CD-PUD) Plan, Special Review, GMQS Exemption and Activity Envelopes Staff Person: Suzanne Wolff, Senior Planner BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING MAY 8, 2013 Applicant: Applicant's Representative: Nichols Family Trust Francis Krizmanich, Land Planner and Alison Eastiey, Attorney ACTION: Commissioner Owsley moved to enter an Executive Session at 3:34 PM pursuant to C.R.S. 24-6-402 4b for the purpose of attorney/client communication on this item. Commissioner Ittner seconded the motion. Motion passed 5 to 0 with Commissioners Newman, Ittner, Richards, Owsley and Child voting aye. ACTION: Commissioner Richards moved to come out of Executive Session at 3:45 PM and reenter the Regular Board Meeting. Commissioner Owsley seconded the motion. Motion passed 5 to 0 with Commissioners Newman, Ittner, Richards, Owsley and Child voting aye. ACTION: Commissioner Child moved to continue the second reading and public hearing of Ordinance Rezoning Nichols Family Trust Property from RS-35 to Conservation Development (CD-PUD) AND to continue the second reading and public hearing of Resolution Approving the Nichols Family Trust Conservation Development (CD-PUD) Plan, Special Review, GMQS Exemption and Activity Envelopes to June 12, 2013 with the following issues from the board to be addressed by June 12: • Make sure water rights are not severed in anyway, but allow some flexibility for irrigation. • Exclude the activity envelopes from the Conservation Easement, but include language in the Resolution to specify the uses allowed within the envelopes as provided in the CD-PUD zone district. • Regarding recreational and access easements, applicants are to return to the board on June 12 with all documents in place and solidified by all parties. Commissioner Richards seconded the motion. Motion passed 5 to 0 with Commissioners Newman, Ittner, Richards, Owsley and Child voting aye. Reading and Public Hearing of Resolution Granting Approval for the Inn at Aspen Activity Envelope, Site Plan, Expansion of a non -conforming use/structure with significant changes Staff Person: Michael Kraemer, Staff Planner Applicant: Inn at Aspen HOA Applicant's Representative: Eric Smith of Eric Smith and Associates AND Tom Ernst, Inn at Aspen General Manager ACTION: Commissioner Richards moved to approve the Resolution Granting Approval for the Inn at Aspen Activity Envelope, Site Plan, and Expansion of a non -conforming use/structure with significant changes. Commissioner Owsley seconded the motion. Motion passed 5 to 0 with Commissioners Newman, Ittner, Richards, Owsley and Child voting aye. BOCC OPEN DISCUSSION: None BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING MAY 8, 2013 ADJOURNMENT: ACTION: Commissioner Richards moved to adjourn the regular meeting at 4:40 PM. Commissioner lttner seconded the motion. Motion passed 5 to 0 with Commissioners Newman, Ittner, Richards, Owsley and Child voting aye. BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING MAY 8, 2013 Respectfully submitted, !, Lyrdee k. Dean Clerk to the Board of County Commissioners Jeanette Jones Clerk to the Board of County Commissioners George Newman Chairman of the Board of County Commissioners John Ely Assistant County Attorney The above signed attorney, representing the Board of County Commissioners and being present at the Executive Session, attests that the subject of the unrecorded portions of the session constituted confidential attorney -client communication glbocclminuteslreg/05082013 BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING MAY 8, 2013