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HomeMy WebLinkAboutbocc.min.reg.11062002 PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA WEDNESDAY,NOVEMBER 6, 2002 2:00 PM Please Note Location: CITY COUNCIL CHAMBERS CONSENT ACTIONS 1. Minutes of 10/23 Regular Meeting and 5/28, 6/25, 7/8, 7/31, 9/11, 9/17, 9/24 and 10/1 Work Session 2. 1"Reading and Set for Public Hearing on 11/20, Aspen Village Homeowners Association Stairway Maintenance Agreement, Jodi Smith 3. 1"Reading, Ordinance Authorizing CDOT License Agreement for the Wingo Pedestrian Bridge, Dale Will CONSENT PUBLIC HEARINGS 4. 2"d Reading, Resolution Authorizing Housing Office IGA with City of Aspen (Amending Resolution 02-132), Brian Pettet(continued from October 23) 5. 2"d Reading, Ordinance Accepting the Conveyance of Real Property from R&R Trading, Inc. (continued from 9/25), Dale Will (PN 6/29) ADMINISTRATIVE ACTIONS ADMINISTRATIVE PUBLIC HEARINGS 6. 2"d Reading, Ordinance Adopting Standard of Conduct, Debbie Quinn(PN 10/26) 3:00 PM PUBLIC COMMENT, COMMISSIONER COMMENTS, PROCLAMATIONS LAND USE AGENDA CONSENT PUBLIC HEARINGS CONSENT ACTIONS 1. Crystal Island Ranch Subdivision/PUD Conceptual Submission, GMQS Exemption, 1041 Hazard Review, Special Review, 2"d Reading— S. Wolff LAND USE PUBLIC HEARINGS 2. Cougar Canyon Reinstatement of Vested Rights, (continued from 10/23/02)— S. Wolff 3. Reeder/Johnson Appeal of Hearing Officer Determination, (continued from 10/23/02)— S. Wolff LAND USE ACTIONS 4. Watson Divide Ranch Minor Amendment to a Development Permit—B. McNellis BOCC OPEN DISCUSSION ADJOURN APPROVED NOVEMBER 20, 2002 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING NOVEMBER 6,2002 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted, refer to BOCC PACKET for November 6,2002 CALL TO ORDER: Chairperson Patti Clapper called the regular meeting of the Board of County Commissioners to order at 2:00 p.m. COMMISSION MEMBERS PRESENT: Commissioners Patti Clapper, Mick Ireland, Jack Hatfield, Shellie Roy and Dorothea Farris (3:00 portion of the meeting) Chairperson Clapper noted that Commissioner Farris will be arriving late that she is attending a meeting, on behalf of the County, in Glenwood Springs. CONSENT ACTIONS: APPROVAL OF MINUTES OF REGULAR MEETING HELD ON OCTOBER 23,2002 AND WORKS SESSIONS HELD ON MAY 28,JUNE 25,JULY 8,JULY 319 SEPTEMBER 11, SEPTEMBER 179 SEPTEMBER 24 AND OCTOBER 1,2002— MOTION TO APPROVE—STAFF PERSON: JEANETTE JONES, CLERK TO THE BOARD OF COUNTY COMMISSIONERS FIRST READING -RESOLUTION APPROVING THE CONTRACT WITH ASPEN VILLAGE HOMEOWNERS ASSOCIATION TO BUILD AND MAINTAIN A STAIRWAY ACCESS -MOTION TO APPROVE AND SET FOR SECOND READING ON NOVEMBER 20,2002 - STAFF PERSON: JODI SMITH,PUBLIC WORKS DEPARTMENT FIRST READING - ORDINANCE AUTHORIZING A LICENSE AND USE AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING NOVEMBER 6,2002 REGARDING THE PEDESTRIAN BRIDGE OVER STATE HIGHWAY 82 AT WINGO JUNCTION-MOTION TO APPROVE AND SET FOR SECOND READING ON NOVEMBER 20,2002 - STAFF PERSON: DALE WILL, OPEN SPACE AND TRAILS DIRECTOR Commissioner Hatfield moved approval of the Consent Actions Agenda. Commissioner Roy seconded the motion. Commissioner Hatfield asked that the following amendments be made to the agreement with Aspen Village for the staircase: • Paragraph 9: "Required Clause" be changed to read "required clauses". Commissioner Hatfield asked that the following amendments and or clarifications by staff be made to the agreement with CDOT for the pedestrian bridge prior to second reading: • Recital No. 4: That the word "monetary" be added prior to the word "savings". • Staff to clarify why there is an automobile liability of$600,000 for an accident. • Staff to submit an analysis of what the cost savings will be. Chairperson Clapper called the question on Commissioner Hatfield's motion. Motion passed with four yea votes. Commissioner Farris absent. CONSENT PUBLIC HEARINGS: SECOND READING AND PUBLIC HEARING-RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN AND PITKIN COUNTY FORMING AMULTI-JURISDICTIONAL HOUSING AUTHORITY- MOTION TO CONTINUE PENDING COMMISSIONER FARRIS' ARRIVAL After a discussion it was agreed that this matter should be continued to later in the meeting pending Commissioner Farris' arrival. This was due to the fact that Commissioners Hatfield and Roy expressed a desire to not vote in support of the agreement because of their desire to create a county housing authority. SECOND READING AND PUBLIC HEARING - ORDINANCE ACCEPTING THE CONVEYANCE OF REAL PROPERTY FROM R&R TRADING,INC. TO THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS - MOTION TO APPROVE - STAFF PERSON: DALE WILL, OPEN SPACE AND TRAILS DIRECTOR Commissioner Hatfield moved approval of the Ordinance accepting the conveyance of property from R&R Trading. Commissioner Roy seconded the motion. BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING NOVEMBER 6,2002 Chairperson Clapper opened the hearing to public comment on this item. There being no comment she closed the public hearing and called the question. Motion passed with four yea votes. Commissioner Farris absent. ADMINISTRATIVE ACTIONS: NONE ADMINISTRATIVE PUBLIC HEARINGS: SECOND READING AND PUBLIC HEARING - ORDINANCE ADOPTING A STANDARD OF CONDUCT FOR MEMBERS OF THE BOARD, MEMBERS OF VOLUNTEER BOARDS, COUNTY HEARING OFFICERS AND CERTAIN COUNTY STAFF -MOTION TO CONTINUE TO LATER IN THE MEETING PENDING DEBBIE QUINN AND COMMISSIONER FARRIS' ARRIVAL - STAFF PERSON: DEBBIE QUINN, ASSISTANT COUNTY MANAGER Chairperson Clapper opened the hearing to public comment. There being no comment, she closed the public hearing and brought the matter back to the Board for action. Commissioner Farris entered the meeting. PUBLIC COMMENT: None COMMISSIONER'S COMMENTS: Commission members thanked the public for participating in the election. Additionally they thanked the members of the core group who worked on Question 1 A,which supported the Health and Human Services Department and other non-profit groups. Commissioners Ireland and Clapper were congratulated on their re-election to the board. LAND USE AGENDA: Lance Clarke, Assistant Community Development Director requested that the Reeder/Johnson appeal be moved to the beginning of the agenda to continue the matter at the request of the applicants. Commissioner Hatfield moved to continue this item to January 8,2002. Commissioner Farris seconded the motion. Chairperson Clapper opened the hearing to public comment. Michael Barret requested that the Friends of Shadow Mountain Association be noticed of any meetings having to do with Shadow Mountain. Staff was directed to notify the association of any further meetings involving Shadow Mountain. BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING NOVEMBER 6,2002 Commissioner Clapper called the question. Motion passed unanimously. CONSENT PUBLIC HEARINGS: None CONSENT ACTIONS: SECOND READING AND PUBLIC HEARING- RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN AND PITKIN COUNTY FORMING A MULTI-JURISDICTIONAL HOUSING AUTHORITY- MOTION TO APPROVE Commissioner Ireland said if Commissioners Hatfield and Roy want to form an additional housing authority to raise money or take action separately from the City, he does not have any problem with that. However, he said he does not want to withdraw from the current one because he thinks the board needs to continue to have input there. Commissoners Farris and Clapper agreed with Commissioner Ireland's position on this matter. Commissioner Roy said her objection to the IGA is due to a concern that this agreement does transfer almost all the power for the housing authority to the City and all it really asks from the County, is that it continues to contribute to their overhead. Commissioner Hatfield maintained his position that he feels the County should form its own housing authority. He noted that by voting against the IGA in no way means that he won't continue to work with the housing authority until there is something to replace it. Commissioner Farris moved approval of the Resolution. Commissioner Ireland seconded the motion. Motion passed with three yea votes and two nay votes by Commissioners Hatfield and Roy. STANDARD OF CONDUCT FOR MEMBERS OF THE BOARD,MEMBERS OF VOLUNTEER BOARDS, COUNTY HEARING OFFICERS AND CERTAIN COUNTY STAFF -MOTION TO CONTINUE TO NOVEMBER 20,2002 - STAFF PERSON: DEBBIE QUINN,ASSISTANT COUNTY MANAGER Commissioner Clapper asked that a letter be drafted to the other three elected officials (Assessor, Clerk and Sheriff)to ask them if they would sign onto something similar to this standard of conduct. Additionally, she requested that the language "all meetings" be clarified to state "all noticed meetings". Commissioner Hatfield commented that he had forwarded a memo to Ms. Quinn with respect to a change in the proposed language regarding communications, for review by the county attorney. He questioned if ex parte communications can be prohibited with applicants, once an application is submitted and questioned if staff had his proposed language? BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING NOVEMBER 6,2002 After a short discussion it was agreed that this matter should be tabled pending staff bringing Commissioner Hatfield's written language back for the full board to discuss. Commissioner Ireland moved to continue this item to November 20,2002. Commissioner Hatfield seconded the motion. Chairperson Clapper opened the hearing to public comment. There being no comment, she closed the hearing and called the question. Motion-passed unanimously. LAND USE PUBLIC HEARINGS: CONSENT ACTIONS: SECOND READING AND PUBLIC HEARING - RESOLUTION APPROVING THE CRYSTAL ISLAND RANCH SUBDIVISION/PUD CONCEPTUAL SUBMISSION, 1041 HAZARD REVIEW, SPECIAL REVIEW AND GM S EXEMPTION MOTION TO APPROVE - STAFF PLANNER: SUZANNE WOLFF APPLICANT: RICHARD JELINEK,DEBBIE JELINEK,DUCK MEADOW A LLC, DUCK MEADOW B LLC, DJF RANCH,INC. Commissioner Hatfield moved approval of second reading of the Resolution approving the Crystal Island Ranch application. Commissioner Farris seconded the motion. Commissioner Hatfield stated that he has a concern about the availability, and especially the quantity of water, and therefore, wants this issue to be addressed at detailed submission. He said he is content to look at the number of sites at detailed submission. With respect to future development lands he questioned if the board could be a player as to get some determination on what happens on those future development lands? John Ely, County Attorney said the code does not require that. Doug Pratt, Consulting Planner for the applicant, responded to this issue by stating that they have talked to the planning staff about coming in to do a pre-application conference regarding rezoning the future development area to rural and remote. Their hope would be that this plan could be reviewed concurrently with their detailed submission application. Commissioner Hatfield said another one of his concerns is the bridge and he wants to discuss this issue further at detailed submission. Commissioner Farris questioned where the pace of development is addressed? Mr. Pratt said there are a couple of constraints that are going to force this project to be phased. One is the issue of the single lane bridge and secondly, the intersection of Thomas Road and BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING NOVEMBER 6,2002 Highway 133 needs to be upgraded. He said they will present a phasing plan at detailed submission, which will bring all those pieces together. Richard Jelinek requested a work session with commission members prior to the hearing for detailed submission to discuss some of the issues that Commissioner Hatfield raised? Commissioner Ireland said the only way to meet on the issues is to have a publicly noticed session, dedicated to the issues he wants to raise, so the public as an opportunity to hear the issues if they so choose. Commissioner Ireland left the meeting prior to the vote. Commissioner Clapper called the question. Motion passed with four yea votes. Commissioner Ireland absent. LAND USE PUBLIC HEARINGS: RESOLUTION REINSTATING THE VESTED REAL PROPERTY RIGHTS FOR THE COUGAR CANYON SUBDIVISION-MOTION TO CONTINUE TO A DATE UNCERTAIN - STAFF PLANNER: SUZANNE WOLFF—APPLICANTS: ASPEN PROPERTIES HOLDING L.P. Commissioner Farris said the board recently received a letter from the Brush Creek Homeowners' Association regarding the intergovernmental agreement with them and the fact that we neglected contacting them with regard to an issue associated with Aspen Mass. She pointed out that she did not see anything in the packet that says that they had been contacted. She said she wants to make sure that they(Brush Creek Homeowners Association) have been contacted and have an opportunity to comment on this application before it proceeds. Suzanne Wolff, Staff Planner, said this application has been in play for over a year now so they (Brush Creek Homeowners Association)received a referral last year when the original extension request came in, and no comments were provided. It was the consensus of commission members that the Brush Creek Homeowners Association should be re-notified prior to this application moving forward through the process. Suzanne Wolff said she doesn't have much to add to her memorandum, with the exception that the applicants are now asking for 30 years of vesting instead of 20, which was in the original application and a new proposal for voluntary impact fees. Dave Myler, Attorney for the applicant, said he has no problem with continuing this application, pending a notification to the neighbors, but he would like to use this opportunity to discuss a few issues. He referred to his letter of October 31 st, which he said is a twist that he has added to their application. He proceeded with a presentation associated with their application including the BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING NOVEMBER 6,2002 reason for requesting the reinstatement of vested rights for Cougar Canyon, establishment of vested rights for Cozy Point Ridge, and their new proposal of voluntary impact fees all contained in the above referenced October 31 st letter submitted by Mr. Myler. Commissioner Clapper asked if the applicant would be willing to give use of the canyon roads for recreational type uses? Mr. Myler responded that he thinks the best term, he could use, would be some form of neglect, on the part of the owner, in enforcing restrictions. But he does not think there is any desire or willingness, on the part of the owner, to establish any rights for public access. But to the same extent, there is nobody out there with the padlocks, the keys and the guard dogs and that sort of thing. He said that could obviously change if this property is ever developed. He emphasized that there is absolutely, unequivocally, without reservation, no plan to sell this property to a developer if the vesting is extended. He said as he represented a year ago, the limited liability company that owns all of these sites, was established for the benefit of the children of the principal owner and they have no desire or intent to do anything in the foreseeable future with this property. It's going to stay just the way it is. Commissioner Farris questioned John Ely if there was any way to draft a development agreement in such a way that it addresses pacing of the development? Mr. Ely responded that there are statutory means that allows counties to consider extending vested rights, which then mirrors, to some extent, to a land use code, which calls out that pacing of development is one of the considerations to be taken into account. He said provisions could be included in the development agreement such that no more than X number of units will be built in any given year, or no development for the first five years, etc. Commissioner Farris said she would also like to see, in the development agreement, language which assures that the land is not in a conservation easement and assurance that this land is not going to be developed by some future owner. Additionally, she wants assurance that traffic is not going to be an impact. With respect to the voluntary impact fees, to avoid having to buy TDR's, she thinks is a broader discussion, but she likes the concept. Additionally, she said she wants to further discuss the size of homes. Commissioner Roy said she believes the argument for 30 years versus three years is in fact supportive of a long-term agreement. She said a three year vesting, by its very nature, persuades and motivates a person to take action (start a building process). Mr. Myler said in exchange for protecting their rights, for 30 years, they would agree not to rezone the property to a higher use for 30 years or something along those lines. Commissioner Hatfield said he agrees with Commissioner Farris that if we are considering a 30- year vesting he would like some certainty about not seeing development in three years or five years. Therefore, he would like to see a development agreement, as a tool to work with,to feel BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING NOVEMBER 6,2002 like there is a tradeoff here because state law is three years and 30 is a considerable stretch. With respect to combining the vesting for the two approvals (Cougar Canyon and Cozy Point Ridge) he said he is not familiar with Cozy Point Ridge and therefore, he would like to schedule a site visit prior to detailed discussion on this application. Additionally, he would like legal advise on the applicant's proposal for voluntary impact fees. John Ely said he likes the idea. He said he likes the flexibility of it, not only with regards to the TDR program itself, but broadening the impacts to things beyond backcountry land preservation. He said he likes the idea that it gives the county the ability to single out properties for preservation without relying on the arbitrary transactions between parties that we have no control over and the preservation of land, which may never be developed anyway, and generating growth on the valley floors. He also likes the idea because it could position us as a bank, if you will, for TDR transactions and might give us an extra ability to stabilize the value of the TDR market. Mr. Myler finalized his comments by saying that if they were to use the cost of TDR's for the floor area above the agreed upon base, this project would probably be, in today's dollars, pay impact fees in the three and one half to five million dollar range for eight units and they would be proposing a prepayment in the million dollar range, before any development occurs. Staff was directed to schedule a site visit as soon as possible and continue this application to a date, not certain, pending such site visit. RESOLUTION GRANTING APPROVAL OF THE WATSON DIVIDE (ASPEN VILLAGE INC.) MINOR AMENDMENT TO A DEVELOPMENT PERMIT MOTION TO APPROVE - STAFF PLANNER: BRIAN MCNELLIS—APPLICANTS: WATSON DIVIDE, INC. Joe Wells, representing the applicant, gave some brief comments as to why they are requesting this amendment to their development permit as addressed in their application contained in the BOCC packet. Commissioner Farris moved approval of the Resolution. Commissioner Hatfield seconded the motion. Motion passed unanimously. ADJOURNMENT: The meeting was adjourned at 5:15 p.m. BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING NOVEMBER 6,2002 Re ectfully submitte J an Jones j .Olerk to the Bo of County Commissioners *ttiKay-Cla%er, Ch Chairperson Board of County Commissioners BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING NOVEMBER 6,2002 V t TRZ sr:x TIN1:2 v 310 East Main Street, Aspen, Colorado 81611 �J PROOF OF PUBLICATION STATE OF COLORADO } m 1 ) SS. COUNTY OF PITKIN } PUBLIC NOTICE , Andy Stone/Jenna Weatherred do solemnly swear that I NOTICE OF PUBLIC HEARING am PUBLISHER of the ASPEN TIMES WEEKLY; that the PLEASE TAKE NOTICE: That the Board of Coun ty Commissioners of Pitkin County,Colorado,will same is a weekly newspaper printed, in whole or in part, and consider the following Resolution at the Board's published in the County of PITKIN State of Colorado and has regular meeting on Wednesday, November 6, .2002 at 2:00 pm,or as soon thereafter as the Ion- a general circulation therein; that said newspaper has been duct of business allows,in the Plaza I Meeting Room,530 East Main Street,Aspen,Colorado,at published continuously and uninterruptedly in said County of which time and place all members of the public Pitkin for a period of more than fifty-two consecutive weeks may appear and be heard: - . A resolution of the Board of County Com- next prior to the first publication of the annexed legal notice or missioners,of Pitkin County, Colorado,reconsi-. advertisement; that said newspaper has been admitted to the dering and approving an Intergovernmental' -Agreement between The City Of Aspen and Pitkin United States mails as second-class matter under the provi- County sions of the Act of March 3, 1879, or an amendments there' Copies of,the., proposed- Resolution are y available for public Inspection during regular of, and that said newspaper is a weekly newspaper duly qual- business hours in the Office of the Clerk and Re- ified for publishing legal notices and advertisements within the corder, 53o East Main street, Aspen, Colorado P 9 g 81611. Phone(970)920-5157 or(970)920-5398 meaning of the laws of the State of Colorado. Jeanette Jones Deputy County Clerk Published in The Aspen Times,Weekend.Edition, That the annexed legal notice or advertisement was published on October 19,2002.(9524) in the regular and entire issue of very number of said week- ly newspaper for the period of consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 7 7 1ct A.D.,20 02, ,and the last publication of said notice was in the issue of said newspaper dated Q67— (q A. D. 20 6 _ . In witness whereof I have hereunto set my hand. Publisher Subscribed and sworn to before me, a notary public in and for th ounty of Pitkin, State of Colorado, this day of A.D., 20 . (SEAL) Notary Public My Commission expires `a� TRZ sr:x T114z2 310 East Main Street Aspen, Colorado 81611 PROOF OF PUBLICATION STATE OF COLORADO } ) SS. COUNTY OF PITKIN } 0 I, Andy Stone/Jenna Weatherred do solemnly swear that I am PUBLISHER of the ASPEN TIMES WEEKLY; that the PUBUC NOTICE same is a weekly newspaper printed, in whole or in part, and OF ADOPTION published in the Count of PITKIN State of Colorado and has PLEASE TAX NOTICE:nn C C c rado, y ' adopted the following Resolution at the Board's a general circulation therein; that said newspaper has been regular meeting on November 6,2M,after a du ublished continuousl and uninterru tedl in said Count of 1y-1°tic blic heari notice ublislied'in the Pu ng P p y p y y Weekend Edition of the Aspen times on October Pitkin for a period of more than fifty-two consecutive weeks 19,2002. A resolution approving an next prior to the first publication of the annexed legal notice or Intergovernmental"ment between city of, advertisement; that said newspaper has been admitted to the mul u ictio a Ho and Pitkin g�ority. United States mails as second-class matter under the provi- Copies of the Resolute are available for Public inspection during regular business hours sions of the Act of March 3, 1879, or any amendments there- in the Office of the Clerk and Recorder,530 East Main Street,Aspen,Colorado 81i 11. Phone(970) of, and that said newspaper is a weekly newspaper duly qual- 92MIS7 ified for publishinglegal notices and advertisements wi thin the J6wetteJones g Deputy County Clerk meaning of the laws of the State of Colorado. Published in The Aspen Times,Weekend Edition, on November.23,-2002..(9710) That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said week- ly newspaper for the period of__ consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated M)o 2 3 A.D.,20 ,and the last publication of said notice was in the issue of said newspaper dated NO J A. D. 20_ In witness whereof I have hereunto set my hand. Publisher Subscribed and sworn to before me, a notary public in and for th County of Pitkin, State of Colorado, this :�� day of A.D., 20 b Z (SEAL) , Notary Public My Commission expires 0 -06-0 W T �v 310 East Main Street, Aspen, Colorado 81611 PROOF OF PUBLICATION �o STATE OF COLORADO ' } ) SS. COUNTY OF PITKI N } PUBLIC NOTICE PLEASE TAKE NOTICE: That the Board of County I, Andy Stone/Jenna Weatherred do solemnly swear that I Commissioners of Pitkin County,Colorado,at,its regular meeting on November 16,2002 and after a am PUBLISHER of the ASPEN TIMES WEEKLY; that the duly-noticed public hearing,adopted the follow- same is a weekly newspaper printed, in whole or in part, and Ing ordinance: published in the Count of PITKIN State f o IORD�c��of PIKIBOARD C OU w COLOR�A- p y , S a e o Colorado and has , a general circulation therein; that said newspaper has been REAL PROPERTY OM ICONVEYANCE, c Q , published continuously and uninterruptedly in said County of PITKIN COUNTY BOARD OF COUNTY COMMIS- Pitkin for a period of more than fifty-two consecutive weeks SI"NERS. Recitals next prior to the first publication of the annexed legal notice or I.R&R Trading,Inc.,Is the owner of certain real property situated In Pitkin County and known as advertisement; that said newspaper has been admitted to the a tract of land located in the SE1/4SW1/4 Section United States mails as second-class matter under the rovi- 15 and the NE1/4NW1/4*Section 22 all in section p 22,Township 8,South,Range 89,.West 6th P.M., sions of the Act of March 3, 1879, or any amendments there- together with and as more fully described in Ex- hibit'A attached hereto,desires to grant this par- of, and that said newspaper is a weekly newspaper duly quaff- cel as open space to the.Board of,County Com- ified for publishing legal notices and advertisements within the missioners of Pitkin county,(the''BOcc°>, B4 2.The CC desires to.accept the property as.a meaning of the laws of the State of Colorado. gift, made by warranty Deed, dated April 15, 2002,and recorded in the real property records of the Pitkin County`Clerk&Recorder's Office at That the annexed legal notice or advertisement was published Reception#466224 on April 15,2002. NOW, THEREFORE, be it ordained by the in the regular and entire issue of very number of said week- Board of County Commissioners of'Pitkin County, ' ly newspaper for the period of ipconsecutive insertions; Colorado that the Board of County Commission- ers does hereby accept the Warranty Deed from and that the first publication of said notice was in the issue of R&R Tr*dirig Inc.,"'mare fully desed -Ih Ex said newspaper dated NUJ i � A D 20 0-2— and hibit A attached hereto,provided that a release • •, from obligation.under the joint use agreement the last publication of aid notice was in the issue of said with the adjoining Ziff parcel,and approved by news a dated � A. D. 20 C��- the county Attorney,is executed prior to the re- newspaper per cordaton of the,deed, Copies of the full text of the Ordinance are for public inspection.during regubw In witness whereof I have hereunto set m hand. available y btsiness hours in the Office of the Clerk and Ite- fir; &V East Main Street, Aspen,_.Colorado 81611.'Phone(970)920-515?. Lvk4_'�LPJeanette Jones,Deputy County Clerk Published In The Aspen Times on November 16, 2002.(9662) Publis Subscribed and sworn to before me, a notary public in and for th County of Pitkin, State of Colorado, this %010 day of A.D., 20 P .:k _ . (SEAL) 4, Notary Public My Commission expires �-06-06 s C00 310 East Main Street,Aspen, Colorado 81611 Q PROOF OF PUBLICATION � I STATE OF COLORADO } ) SS. PUBLIC NOTICE COUNTY OF P I TKI N } NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE;That the Board of County Commissioners of Pitkin County, Colorado,will consider the following.Ordinance at the Board's regular meeting on Wednesday November 6, I, Andy Stone/Jenna Weatherred do solemnly swear that I 2o02,at 2:00 pm. Or as soon thereafter as the am PUBLISHER of the ASPEN TIMES WEEKLY; that the ��s at;30Southbusiness tr,�,iA pen,CCouncil charm Aspen,Colorado, same is a week) newspaper rinted in whole or in art and at which time and place all members of the pub- lic may appear and be heard. published in the County of PITKIN, State of Colorado and has AN ORDINANCE ADOPTING A STANDARD OF CONDUCT FOR MEMBERS OF THE BOARD, MEM- a general circulation therein; that said newspaper has been BERS,OF VOLUMUR CITIZEN BOARDS,COUNTY published continuous) and uninterruptedly in said Count of SSG OFFICERS AND CERTAIN COvrrr,r p Y P Y Y Recitals Pitkin for a period of more than fifty-two consecutive weeks 1.The Board of County Commissioners of Pitkin next prior to the first publication of the annexed legal notice or County,Colorado CBOCC")believes that citizens of the County are entitled-to fair and ethical eon- advertisement; that said newspaper has been admitted to the duct from its public officials,and wishes to adopt a standard of conduct to apply to public officials, United States mails as second-class matter under the prove- as a commitment to the citizens of the County to sions of the Act of March 3, 1879 or an amendments there- further develop public trust and confidence in r Y public offic of, and that said newspaper is a weekly newspaper duly qual- 2.The Pitkin County Home Rule Charter provides that the BOCC appoints all members of all Citizen ified for publishing legal notices and advertisements within the Boards,and members of such advisory boards as pro- meaningof the laws of the State of Colorado. it deems necessary. The Charter further vides that members of any citizen board may be removed by the BOCC for ViolatiOn of standards of conduct adopted by the BOCC through ordi- That the annexed legal notice or advertisement was published nance• in the regular and entire issue of every number 3. The County employs Hearing officers to adju- g e ry n m e r of said week- dicate certain issues,including,but not limited to,certain land use matters,violations of airport ly newspaper for the period of f consecutive insertions; rules and regulations, assessment issues, and and that the first publication of said notice was in the issue of personnel matters. The BOCC wishes to adopt a standard of conduct applicable to these Hearing said newspaper dated OC-r" A.D.,20 0 2, ,and Officers. 4. The BOCC"b elievesthat as the elected leaders the last publication of said notice was in the issue of said for the County,they should abide by the same newspaper dated �� A D 20 standards'�conduct as they expect from their 0 citizen board members. in addition, certain County staff have leadership positions within the org4nization and the BOCC believes that the fol- In witness whereof I have hereunto set my hand. lowing staff members should also abide by the same standard of conduct expected of citizen board members: county manager,county attor- rwr..,..a r~i AXALM LPJW+nett J"wr4—-- 3VyIN ML tIM*014 9 1'',DWI ONDI Publisher Subscribed and sworn to before me, a notary public in and for the County of Pitkin, State of Colorado, this day of u'c&,, A.D., 20 60_ . io Noxmsza wojz U12JUSIAM MMVH Q 9 (SEAL) 00�,WW mi�ura MAN atn�ts Notary Public My Commission expires 0-0 —O6 all) ova s