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HomeMy WebLinkAboutBocc Packet 03262014 Minutes for approvalPITKIN COUNTY COMMISSIONERS WORK SESSION AGENDA, Plaza One Meeting Room TUESDAY, MARCH 11, 2014 (Commissioner Child not present.) 10:00 AM SPECIAL MEETING — EXECUTIVE SESSION Housing Acquisition Negotiations CRS 24-6-402 (4)(e) Stewart Title Litigation Celestial Development Application CRS 24-6-402 (4)(b) ADJOURN SPECIAL MEETING 12:00 NOON LUNCH BREAK 1:00 Community Survey Results Pat Bingham 2:30 Citizen Board Interviews Howie Mallory — Open Space & Trails (Renewal) Joe Krabacher — P & Z (New applicant) Michelle Kiese — Joint Housing Dale Will Lance Clarke Cindy Christensen 3:15 BREAK 3:30 . Memos of Interest (None) Future Agendas/Agenda Requests/Monthly Calendar BOCC Open Discussion 5:00 ADJOURN AGENDA IS SUBJECT TO CHANGE MINUTES OF WORK SESSION Date: March 11, 2014 Commissioners present: Steve Child Rob Ittner PI George Newman IX Michael Owsley Rachel Richards I! Meeting Start Time: 10:00 AM Commissioners not present: ® Steve Child ❑ Rob Ittner ❑ George Newman ❑ Michael Owsley ❑ Rachel Richards WORK SESSION ITEM: Community Survey Results, Pat Bingham — Chris Tatum, CEO from ETC Institute presented the results of the Community Survey. He stated 525 completed surveys were completed and described the demographic representation. He presented results in five (5) key areas: 1) Residents have a positive perception of the County. 2) County is moving in the right direction. 3) County is setting the standard for performance in most areas. Comparisons of the County to other communities were presented. 4) Although satisfaction is high, there are opportunities for improvement. Items were reviewed that analysis showed they should receive the most emphasis in the next two years. 5) A significant number of residents are concerned about the affordability of housing and the availability of employment. Responses showing concerns in these areas were reviewed. He reviewed communication question responses and open space and trails tax value and trail use. The Board requested some cross tab results. Chris said they will provide additional data bases on income, business and east/west areas of the County. Responses with maps for Internet and cell phone responses were requested. The Board discussed the priorities shown in the survey. The survey will be reviewed at the Board's retreat in April. The Board discussed what frequency should be followed for conducting surveys. STAFF DIRECTION: Staff will follow-up on obtaining the additional data analysis requested. Staff will look at the data and will bring recommendations for activities to address items highlighted. WORK SESSION ITEM: Citizen Board Interviews 1. Howie Mallory — OST (renewal) 2. Joe Krabacher — P & Z (new applicant) 3. Michelle Kiese — APCHA: joint County/City position (new applicant) The Board interviewed each applicant individually and discussion followed. WORK SESSION ITEM: Memos of Interest (NONE) WORK SESSION ITEM: Future Agendas/Agenda Requests/Monthly Calendars, STAFF DIRECTION: 1. Jon stated a rescheduling of the Celestial hearing continuance has been requests by both parties to May 28. The Board did not object to the schedule change. 2. EOTC Retreat March 19 has a meeting location change and time. Original time was to end at 4pm and now agenda shows 5pm. Rachael and Steve will need to travel that evening for CCI and wanted to confirm time change. WORK SESSION ITEM: Open Discussion 1. 911 Deregulation Bill 14-205-05, Bruce Romero — Bruce presented information on concerns in the bill by the 911 community. The Board recommended Bruce contact CCI to get their position on the bill and recommended follow-up language for a letter of opposition. 2. Jon distributed a draft letter to Transportation Commission re: Adjustments to Resource Allocation Formula. Jon stated the letter will be sent via email since it is expected to be considered at the end of this 1 week. The Board recommended changes/additions to the letter and staff will revise the letter accordingly. 3. Jon commented on an email from. Sen Schwartz' office regarding health insurance registration fair. Nan is working with Eagle County as it provides Pitkin's navigator service. 4. Jon stated he sent a letter regarding the high health insurance resort rate. 5. Jon announced the County has been chosen for hosting Fellows through ICMA. Adjourned work session at 3:45 PM RECONVENED SPECIAL MEETING for EXECUTIVE SESSION Prepared by: Respectfully submitted: Phylis attice, Assistant County Manager Janice K. Vos Caudill, Clerk and Recorder Robert A. Inner, Jr. Chairman Board of County Commissioners 2 MARCH 1-5, 2014 NACO Conference, Washington DC Commissioner Richards attending PITKIN COUNTY COMMISSIONERS WORK SESSION AGENDA Plaza One Meeting Room TUESDAY, MARCH 4, 2014 (Commissioner Richards not present) 10:00 Citizen Board Interview / Joint Housing — Michelle Kiese CANCELED Cindy Christensen 10:15 Update to Pitkin County Land Use Policy Guidelines Ellen Sassano 11:00 Government Renewable Energy Mitigation Plan Request Brian Pawl, Mike Hennes 12:00 NOON LUNCH BREAK 1:00 PM SPECIAL MEETING — PUBLIC HEARING Application Submitted by Cooper Mason Ventures, LLC, d/b/al Silverpeak Apothecary for a Retail Marijuana Cultivation Facility Application Submitted by Shawna and Garrett Patrick d/b/a STASH for a Retail Marijuana Store License Application Submitted by Shawna and Garrett Patrick d/b/a STASH for a Retail Marijuana Cultivation Facility ADJOURN SPECIAL MEETING Jeanette Jones 2:30 Colorado Child Care Assistance Program Income Eligibility Level Nan Sundeen 3:00 • Memos of Interest o Pro Challenge Overall Start and Stage 2 Start Bi Weekly Update • Future Agendas/Agenda Requests/Monthly Calendar • Board Membership Reports —NWCCOG, RRR, CORE, QQ, CCI, Club 20, CRRTB, RWPA, ACRA, RFTA, Senior Council, NC, Intermountain TPR • BOCC Open Discussion Nancy Lesley 3:45 BREAK 4:00 Joint Meeting with City of Aspen at City Hall (Steve Skadron to Chair the Meeting) • Board of Health • Centennial Homeowners Association 6:00 PM ADJOURN AGENDA IS SUBJECT TO CHANGE MINUTES OF WORK SESSION Date: March 4, 2014 Commissioners present: Steve Child ® Rob Ittner George Newman ® Michael Owsley ❑ Rachel Richards Meeting Start Time: 10:00 AM Commissioners not present: n Steve Child ❑ Rob Ittner n George Newman n Michael Owsley ® Rachel Richards WORK SESSION ITEM: Citizen Board Interview / Joint Housing — Michelle Kiese. Ms. Kiese was unable to make the interview due to illness. STAFF DIRECTION: None WORK SESSION ITEM: Update to Pitldn County Land Use Policy Guidelines — Ellen Sassano. Cindy Houben gave an overview of the purpose and role of the Land Use Policy Guidelines. The policy guidelines were originally developed in 2003. The planning commission has recommended new language for the Board's consideration. The Land Use Policy Guidelines will provide direction for rural master plan updates to be started this year. Discussion ensued. STAFF DIRECTION: The Board requested revised language to sections dealing with energy extraction and energy use. The Board requested that issues related to climate change be more specific to human caused climate change. The Board would like Nordic Skiing as an addition to land use policies. The Board would like additional time scheduled to further discuss the items. WORK SESSION ITEM: Government Renewable Energy Mitigation Plan Request, Brian Pawl, Mike Hermes. Brian Pawl introduced the item, noting this is the first request for exemption for REMP fees from a governmental organization. STAFF DIRECTION: Board directed staff to bring the item back in resolution form at the March 12th meeting. WORK SESSION ADJOURNED FOR SPECIAL MEETING AT 1:00 SPECIAL MEETING ADJOURNED AND WORK SESSION RECONVENED AT 2:30 WORK SESSION ITEM: Colorado Child Care Assistance Program Income Eligibility Level. Nan Sundeen presented a staff proposal to increase the eligibility for Child Care Assistance Payments from 185% of Federal Poverty Level to 200% of Federal Poverty Level. STAFF DIRECTION: The Board supports changing the income eligibility levels and directed staff to bring a resolution to a regular meeting. The Board also requested that if the number of families rises above 15 the resolution should be brought back to the board for consideration of a cap. WORK SESSION ITEM: Memos of Interest 1. Pro Challenge Overall Start and Stage 2 Start Bi Weekly Update — Nancy Leslie and Cindy Houben explained the event is in the permit process. George questioned the route staying on Hwy 82. Staff will bring back information regarding CSP's preference for the Hwy 82 route. WORK SESSION ITEM: Future Agendas/Agenda Requests/Monthly Calendars STAFF DIRECTION: 1. Jon explained three to four hours need to be scheduled for abatement hearings between April 1-9, or first 2 weeks in May. 2. Jon reminded the board of the EOTC Retreat March 19. 1 3. Steve requested a work session with Bill Blakesly regarding land use and water rights. Newman recommended staff meet with the Division of Water Resources. Jon stated the agency could be an additional referral agency or there could be another mechanism. Staff will follow up. WORK SESSION ITEM: Board. Membership Reports 1. NWCCOG — Steve reported he attended the CO Blueprint report given by Governor Hickenlooper in Edwards. Steve said he asked about the state water plan and the response was the federal government is interested in helping the western states with solving the water shortage issue. 2. RRR — no report 3. RRR Workforce Board — no report 4. CORE — no report 5. QQ — no report 6. CCI— Steve will send Jon an issue for follow up. He gave an overview of relevant bills. 7. Club 20 — no report 8. CRRTB — no report 9. RWPA — no report 10. ACRA — Michael gave an overview of issues taken up at a recent meeting. 11. RFTA — no report 12. NC — George commented on a presentation by the biking community for use of trails by fat tire bikes 13. Intermtn TPR- George commented they are working on their long range plan, including the Entrance to Aspen. He said they are looking at a different way to allocate funds which would result in a decrease in our region's allocation. A letter is being prepared with comments. 14. Senior Council — no report WORK SESSION ITEM: Open Discussion 1. Jon stated the Independence Pass Bill passed on 31-d reading and headed to Governor's desk. 2. Jon distributed a memo from the City of Aspen on Wildfire. The item may be covered in the joint meeting today. 3. George commented on a recycling issue in Redstone on finding a location for collection. Jon said staff are still working on finding a solution. The contract with Waste Management identifies a different model then what had been done in the past. Steve commented that the Basalt recycling center has been closed and now available near Willits. Jon explained that was done in coordination with the Town. 4. George recommended a site visit to the Emma site where land is being prepped for the construction of greenhouses. A site visit could be scheduled once the application for cultivation is submitted. A future work session will be scheduled when land use, changes are brought to the Board. Jon will follow up with John Ely. 5. Jon discussed the upcoming BOCC Retreat with the Board Adjourned at 3:45 PM for Joint session with City of Aspen. Prepared by: . Respectfully submitted: (1.-:" VL L it F � f .•✓_ Phylis Mattice, Assistant County Manager Janice K. Vos Caudill, Clerk and Recorder Robert A. Ittner, Jr. Chairman Board of County Commissioners 2 PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA Plaza One Meeting Room (Commissioner Child not present.) WEDNESDAY, MARCH 12, 2014 -12:00 NOON ADDITIONS/DELETIONS TO AGENDA PUBLIC COMMENT, COMMISSIONER COMMENTS CONSENT ACTIONS 1. Minutes of Work Sessions of 2/18 and 2/25/14, Special Meetings of 2/25/14 and Regular Meeting of 2/26 2. Resolution of the Board of County Commissioners of Pitkin County, Colorado, Approving the 2014 List of Highway User Tax Fund (HUTF) Roads, GR Fielding 3. Resolution Approving a Government Renewable Energy Mitigation Plan Request, Brian Pawl 4. Resolution Approving Setting the Colorado Child Care Assistance Income Eligibility at 200% of the Federal Poverty Guideline, Nan Sundeen CONSENT PUBLIC HEARING 5. Application Submitted by Shawna and Garrett Patrick d/b/a STASH for a Retail Marijuana Cultivation Facility, Jeanette Jones CONSENT PUBLIC HEARING, 2nd Readings 6. Resolution Approving an Amendment to the IGA Regarding the Comprehensive Valley Transportation Plan, Tom Oken LAND USE PUBLIC HEARING 1. WOMP Overlay Zone District -Code Amendment, 2nd Reading, PH (PN 1/23/14), M. Kraemer 2. WOMP Overlay Zone District -Code Rezoning, 2nd Reading, PH (PN 1/23/14), M. Kraemer 3. Nakagawa Annual Review, PH (PN 2/6/14), M. Kraemer 4. Burkholder Investments LTD/ Verizon Wireless Special Review for a Cellular Facility, PH (PN 2/6/14), M. Kraemer LAND USE ACTION 5. GOVT 33 LLC Extension of Vested Rights, S. Wolff BOCC OPEN DISCUSSION ADJOURN AGENDA IS SUBJECT TO CHANGE MINUTES BOARD OF COUNTY COMMISSIONERS REGULAR MEETING MARCH 12, 2014 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.aspenpitkin.com/Departments/Board-of-County-Commissioners- (BOCC)/County-Webcasts/ • To access the Board of County Commissioners meeting packet material and meeting minutes associated with the items listed in these minutes go to: Iaserficheweblink CALL TO ORDER: Chairman Rob Ittner called the Board of County Commissioners Regular Meeting to order at 12:00 PM. COUNTY COMMISSION MEMBERS PRESENT: Rob Ittner, Rachel Richards, Michael Owsley, and George Newman COMMISSION MEMBERS ABSENT: Steve Child ADDITIONS/DELETIONS TO THE AGENDA: Bocc Clerk Lyndee Dean informed the board that under Minutes to be approved in the agenda March 12, 2014 were placed there in error. PUBLIC COMMENT: None COMMISSIONER COMMENTS: BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING MARCH 12, 2014 Commissioner Richards had family in town and they have pushed her to give them a shout out today. So, she shouted out to Kato, Zach, Kelsey and Bob to enjoy the snow on Ajax today. CONSENT ACTIONS: Minutes of the Board of County Commissioners' Work Session Meetings of February 18 and February 25, 2014; Special Meetings of February 25, 2014 (Board of Health and Board of Social Services); and Regular Meeting of February 26, 2014 — MOTION TO APPROVE Staff: Lyndee R. Dean, Clerk to the Board of County Commissioners Action: Commissioner Owsley moved to approve the Work Session minutes of February 18, 2014 and the Regular Meeting minutes of February 26, 2014. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioners Ittner, Richards, Owsley, and Newman voting aye and Commissioner Child not present. Action: Commissioner Owsley moved to approve the Work Session minutes of February 25, 2014 and the two Special Meetings of February 25, 2014. Commissioner Richards seconded the motion. Motion passed 3 to 0 with Commissioners Ittner, Richards and Owsley voting aye, Commissioner Child not present and Commissioner Newman recusing himself as he did not attend these three meetings. Reading of Resolution Approving the 2014 List of Highway User Tax Fund Roads — MOTION TO APPROVE Staff: G. R. Fielding, County Engineer Action: Commissioner Owsley moved to approve. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioners Ittner, Richards, Owsley and Newman voting aye and Commissioner Child not present. Reading of Resolution Authorizing the Chief Building Official to Exempt the Roaring Fork Transit Authority's (RFTA) Bus Rapid Transit Station (BRT) Snowmelt System Fees — MOTION TO APPROVE Staff: Brian M. Pawl, Chief Building Official Action: Commissioner Owsley moved to approve the Resolution Authorizing the Chief Building Official to Exempt the Roaring Fork Transit Authority's (RFTA) Bus Rapid Transit Station (BRT) Snowmelt System Fees. Commissioner Newman seconded the motion. Motion passed 4 to 0 with Commissioners Ittner, Richards, Owsley and Newman voting aye and Commissioner Child not present. Reading of Resolution Approving the Colorado Child Care Assistance Income Eligibility at 200% of the Federal Poverty Guideline — MOTION TO APPROVE Staff: Nan Sundeen, Director of Pitkin County Health and Human Services BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING MARCH 12, 2014 Action: Commissioner Richards moved to approve the Resolution Approving the Colorado Child Care Assistance Income Eligibility at 200% of the Federal Poverty Guideline. Commissioner Owsley seconded the motion. Motion passed 4 to 0 with Commissioners Ittner, Richards, Owsley and Newman voting aye and Commissioner Child not present. CONSENT PUBLIC HEARING: Public Hearing on Application Submitted by Shawna and Garrett Patrick d/b/a STASH for a Retail Marijuana Cultivation Facility — MOTION TO APPROVE, AS CONDITIONED Staff: Jeanette Jones, Deputy County Clerk, Brian Pawl, Chief Building Official Action: Commissioner Richards moved to approve the Application Submitted by Shawna and Garrett Patrick d/b/a STASH for a Retail Marijuana Cultivation Facility, with the following conditions: Expressly conditioned upon the needed required upgrades for the fire district to be completed within 75 days. And, a letter to Brian Pawl from the Fire Marshall within the next three days stating that they are okay with operations ongoing until the final upgrades have been completed. Commissioner Owsley seconded the motion. Action: Commissioner Ittner requested an amendment to the motion that any outstanding problems with the septic system and Building Code must be rectified and that the applicant file an application with the State Water Court to bring the water rights up to standards as required by the State Division of Water Resources. The applicant will coordinate with the Division of Water Resources in the Engineer's Office to take whatever steps might be determined to be necessary by that office consistent with State law. This amendment was acceptable to Commissioner Richards and Commissioner Owsley Motions passed 3 to 0 with Commissioners Ittner, Richards and Owsley voting aye, Commissioner Child not present and Commissioner Newman voting nay as he is still bothered by classifications (i.e. agricultural or commercial). CONSENT PUBLIC HEARING, 2ND READING: Second Reading and Public Hearing of Resolution Approving an Amendment to the Intergovernmental Agreement regarding the Comprehensive Valley Transportation Plan — MOTION TO APPROVE Staff: Tom Oken Action: Commissioner Owsley moved to approve the second reading and public hearing of Resolution Approving an Amendment to the Intergovernmental Agreement regarding the Comprehensive Valley Transportation Plan. Commissioner Richards BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING MARCH 12, 2014 seconded the motion. Motion passed 4 to 0 with Commissioners Ittner, Richards, Owsley, and Newman voting aye and Commissioner Child not present. LAND USE PUBLIC HEARINGS: Second Reading and Public Hearing of Ordinance Amending Title 8 of the Pitkin County Code, specifically the 2006 Land Use Code to Create the West of Maroon Planning Area Overlay Zone District — MOTION TO APPROVE Staff: Mike Kraemer, Staff Planner Action: Commissioner Richards moved to approve the second reading and public hearing of Ordinance Amending Title 8 of the Pitkin County Code, specifically the 2006 Land Use Code to Create the West of Maroon Planning Area Overlay Zone District. Commissioner Newman seconded the motion. Motion passed 4 to 0 with Commissioners Ittner, Richards, Owsley, and Newman voting aye and Commissioner Child not present. AND Second Readincgand Public Hearing of Ordinance Rezoning for the West of Maroon Planning Area Overlay Zone District — MOTION TO APPROVE Staff: Mike Kraemer, Staff Planner and Cindy Houben, Director of Community Development Action: Commissioner Richards moved to approve the second reading and public hearing of Ordinance Rezoning for the West of Maroon Planning Area Overlay Zone District. Commissioner Newman seconded the motion. Motion passed 4 to 0 with Commissioners Ittner, Richards, Owsley, and Newman voting aye and Commissioner Child not present. Reading and Public Hearing of Resolution Granting Annual Review Approval to the Nakagawa Special Review Permit — MOTION TO APPROVE, AS AMENDED Staff: Mike Kraemer, Planner Applicant: Heitor Nakagawa and Jimmy Nakagawa Action: Commissioner Richards moved to approve the public hearing of the Annual Review Approval to the Nakagawa Special Review Permit, with the addition of the following conditions for clarity sake: • No staging of day to day operations on the site ▪ No landscaping material storage or transporting on the site, from the site ® Neighbors shall be notified in advance of the seasonal swap -out of equipment maneuvers. ® The Board of County Commissioners shall be notified by their staff at the next scheduled Work Session or Regular Meeting of any violations that staff finds of these terms and conditions. BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING MARCH 12, 2014 NOTE: Commissioner Richards informed the applicant that the owner of this business has substantial investments already here and that he could lose the ability to operate the business in the way it was intended if these stipulations and conditions are not lived up to. Commissioner Newman seconded the motion. Motion passed 4 to 0 with Commissioners Ittner, Richards, Owsley and Newman voting aye and Commissioner Child not present. Reading and Public Hearing of Resolution Granting Approval for the Burkholder Investments LTDNerizon Wireless Special Review for Building Mounted Cellular Telephone Antennae — MOTION TO APPROVE Staff: Mike Kraemer, Planner Applicant: Burkholder Investments LTDNerizon Wireless Representative: Brad Johnson, Consultant for Verizon Wireless Action: Commissioner Newman moved to approve the Resolution Granting Approval for the Burkholder Investments LTDNerizon Wireless Special Review for Building Mounted Cellular Telephone Antennae. Commissioner Owsley seconded the motion. Motion passed 4 to 0 with Commissioners Ittner, Richards, Owsley and Newman voting aye and Commissioner Child not present. LAND USE ACTIONS: Reading of Resolution Denying the GOVT 33 LLC Extension of Vested Real Property Rights — MOTION TO CONTINUE TO MAY 14, 2014 Staff: Suzanne Wolff, Senior Planner Applicant: GOVT 33 LLC Representative: Mitch Haas First Action: Commissioner Owsley moved to approve the Extension of Vested Real Property Rights for GOVT 33, LLC for three years (with the contribution of $106,000.00 towards the Spruce Street improvements). Commissioner Richards seconded the motion. Motion FAILED 2-2 with Commissioners Richards and Ittner voting aye and Commissioners Owsley and Newman voting nay and Commissioner Child not present. Second Action: Commissioner lttner moved to continue the Reading of Resolution Denying the GOUT 33 LLC Extension of Vested Real Property Rights for one year. MOTION FAILED FOR LACK OF A SECOND. Third Action: Commissioner Ittner moved to continue the Reading of Resolution Denying the GOVT 33 LLC to April 9, 2014. MOTION FAILED FOR LACK OF A SECOND. Fourth Action: Commissioner Richards moved to continue the Reading of Resolution Denying the GOVT 33, LLC to May 14, 2014. Commissioner Ittner seconded the BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING MARCH 12, 2014 motion. Motion passed 4 to 0 with Commissioners Ittner, Richards, Owsley and Newman voting aye and Commissioner Child not present. BOCC DISCUSSION: There was no BOCC Discussion held today. ADJOURNMENT: Action: Commissioner Newman adjourned the Regular Meeting at 3:45 PM. Commissioner Richards seconded the motion. Motion passed 4 to 0 with Commissioners Ittner, Richards, Owsley and Newman voting aye and Commissioner Child not present. BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING MARCH 12, 2014 Respectfully submitted, } 7,7Ttt/Pi L rrdee RI Y Dean Clerk to the Board of County Commissioners Jeanette Jones Clerk to the Board of County Commissioners Robert A. Ittner, Jr. Chairman of the Board of County Commissioners Glbocclminutes120141reg103122014 BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING MARCH 12, 2014