HomeMy WebLinkAboutbocc.min.reg.01282004PITI{IN COUNTY COMMISSIONERS
REGULAR MEETING AGENDA
Plaza One Conference Room
WEDNESDAY~ JANUARY 28~ 2004
2:00 PM PROCLAMATIONS, PUBLIC COMMENT, COMMISSIONER COMMENTS
Proclamation Honoring County Manager Hilary Smith
CONSENT ACTIONS
Minutes of 1/6 and 1/13 Work Sessions and 1/14 Regular Meeting
CONSENT ACTIONS- 1st Readings~ Set for Public Hearing on Feb 11:
1. Ordinance Granting Aspen/Pitkin County Housing Authority License and Waterline Easement Across
Upper River Road Right-of-Way, Brian Pettet
2. Ordinances Granting Utilities Easement to Owners of Stillwater Ranch Subdivision Lots 2, 3, and 4,
and Accepting Utility Easement from Owner of Stillwater Ranch Subdivision Lot 2, Troy Rayburn
3. Resolution Authorizing a License Agreement with CDOT and the Aspen Skiing Company for Use of
the Stapleton Intercept Parking Lot, Chris Seldin
CONSENT PUBLIC HEARING - 2na Readings
4. Resolution Approving Intergovernmental Agreement with City of Aspen for Access Management
Plan Agreement, Bud Eylar
5. Resolution Approving Intergovernmental Agreement for Joint Funding of Regional Traffic Patterns
Study, Tom Oken
6. Resolutions Approving Wildland Fire Mitigation Assistance Agreements with Bureau of Land
Management: "Master" (# 1422CAA030010), "Task Order One" (#1422CAA030010), "Master"
(#1422CAA030011), "Task Order One" (#1422CAA030011), Ellen Anderson
7.Ordinance Authorizing the Sale of the County's Park Avenue Property, Debbie Quinn
8.Ordinance Approving Airport Layout Plan, Steve Howard
BOCC Convenes as Board of Health
9.Resolution to Approve the Community Service Block Grant Application, Susan Berdahl
BOCC Adjourns as Board of Health
ADMINISTRATIVE ACTIONS
10. Resolution Approving the 2004 EOTC Budget for the ½ Cent Transit Sales and Use Tax, Tom Oken
LAND USE CONSENT PUBLIC HEARINGS
1. Stillwater Affordable Housing Major Plat Amendment (PN 12/27/03) (to be cont'd to 2/25/04)
LAND USE CONSENT ACTIONS
2. Sesame Street Easement Vacation/Replacement, 2nd Reading, E. Louthis
3. Emergency Ordinance Lifting Temporary Moratorium for Owl Creek and Brush Creek, John Ely
LAND USE PUBLIC HEARINGS
4. Ordinance Creating the Low Impact Residential Zone District and Rezoning Certain Properties within
the Lower Brush Creek and Owl Creek Planning Areas to the Low Impact Residential Zone District,
2nd Reading (PN 12/13/04), L. Clarke
5. Buttermilk Meadows Subdivision/PUD Reinstatement of Vested Rights (pN 12/27/03), S. Wolff
6. Cheek Subdivision, Lot 4, Hazard Review, TDR Receiver Site, SpeciaI Review to Exceed 15,000
Square Feet (PN 12/13/03) (continued from 1/14/04 at request of Applicant), L. Clarke
7. Pitkin County Solid Waste Center Rezoning, PUB Master Plan, 1041 Hazard Review, GMQS
Exemption, 1st Reading (PN 12/27/03), E. Louthis
BOCC OPEN DISCUSSION
ADJOURN
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APPROVED FEBRUARY 11, 2004
MINUTES
PITKIN COUNTY BOARD OF COUNTY COMMISSIONERR
REGULAR MEETING
JANUARY 28, 2004
NOTE: For all staff memorandums and associated documents, including
additional exhibits submitted, refer to BOCC PACKET for January 28, 2004
CALL TO ORDER: Chairperson Farris called the regular meeting of the Board of
County Commissioners to order at 2:00 p.m.
COMMISSION MEMBER PRESENT: Commissioners Dorothea Farris, Patti Clapper,
Shellie Roy, Mick Ireland and Jack Hatfield
ADDITIONS/DELETIONS TO AGENDA: County Manager, Hilary Smith requested that
the Ordinance approving the Stillwater Utility Easements be pulled from the agenda.
PROCLAMATIONS: Honoring County Manager Hilary Smith
PUBLIC COMMENT: None
COMMISSIONERS COMMENTS:
Commissioner Haffield said since he is a County Commissioner he needs to make a
couple of statements relative to some articles in the paper recently about members of a
group called Citizens for Responsible Growth, which he is a "citizen" participant of. He
said when he was elected he did not give up his citizenship to Snowmass Village and
he never will. He said the letters have been pretty personal and ugly and not worth
responding to he won't deal with that part of it. He explained that there have
accusations of Jack Hatfield having a conflict of interest, having a citizen's opinion about
what is going on in Snowmass Village and how it reflects on his job as a county
commissioner. He said there is no reflection nor does it take any time from his job. He
said he is absolutely committed as a commissioner and he would certainly let his record
show that. He reiterated that he has absolutely no conflict of interest and he will
continue to act as both a citizen in Snowmass Village and if any issue comes before this
Board relative to Base Village, he will conduct himself, as usual, professionally. He said
the only issue that the Board and staff have identified is the issue of Brush Creek Road
and the infrastructure costs related to the traffic and keeping the road maintained and
upgraded, as we need to. He asked John Ely, County Attorney for his opinion about
any conflict of interest on this issue.
BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING JANUARY 28, 2004
John Ely responded that he certainly does not. He said certainly Commissioner
Hatfieid's participation and membership on this elected board does not deny him the
ability to speak his mind or assemble with other like minded individuals to pursue
causes that he feels are right and appropriate in the community at large or a particular
part of the community in this case, Snowmass Village. The participation in a committee
group like that, which expresses views on things that are going on in Snowmass Village,
should not impair his ability to participate as an elected member of this board and voting
on matters in front of this board, should not present a conflict that would remove him
from participation in an issue before the Board of County Commissioners.
Commissioner Hatfield concluded that there is an election tentatively set for March 16th
and hopefully after that this issue of his conflict of interest will go away. He said as a
citizen in Snowmass Village, he clearly identify that he is speaking as a citizen and not
as a county commissioner.
Other Commission members gave an update on local issues and current events
including the X Games.
CONSENTACTIONS:
APPROVAL OF MINUTES OF JANUARY 6 AND 13TM WORK SESSIONS AND
JANUARY 14 REGULAR MEETING - MOTION TO APPROVE - STAFF PERSON:
JEAN~- I I ~. JONES, CLERK TO THE BOARD OF COUNTY COMMISSIONER~
Commissioner Clapper moved approval of the Consent Actions Agenda.
Commissioner Roy seconded the motion. Motion passed with four yea votes.
Commissioner Ireland not present due to his participation in a scheduled
conference call with the Colorado Department of Transportation.
CONSENT ACTIONS: FIRST READINGS - SET FOR PUBLIC HEARINGS O;'
FEBRUARY 11~ 2004
FIRST READING - ORDINANCE GRANTING ASPEN/PITKIN COUNTY HOUSINC:
AUTHORITY (APCHA) LICENSE AND WATERLINE EASEMENT ACROSS UPPER
RIVER ROAD RIGHT-OF-WAY - MOTION TO APPROVE FIRST READING AND SET
FOR SECOND READING ANAD PUBLIC HEARING ON FEBRUARY 11, 2004
STAFF PERSON: BRIAN P~ I I = ~, PUBLIC WORKS DIRECTOR
FIRST READING - ORDINANCE APPROVING THE STILLWATER UTILITIFC
EASEMENT AGREEMENTS - PULLED FROM THE AGEND.~.
FIRST READING-RESOLUTION AUTHORIZING PITKIN COUNTY TO ENTERINTO
A LICENSE AGREEMENT WlTH THE COLORADO DEPARTMENT OF
TRANSPORTATION AND THE ASPEN SKIING COMPANY FOR THE PURPOSE OF
OVERFLOW SKIER GUEST PARKING- MOTION TO APPROVE FIRST READIN~
BOARD OF COUNTY COMMISSIONERS 2
REGULAR MEETING JANUARY 28, 2004
AND SET FOR SECOND READING AND PUBLIC HEARING ON FEBRUARY 11~
2004 - STAFF PERSON: CHRIS SELDIN, ASSISTANT COUNTY ATTORNEY
Commissioner Roy moved approval of the Consent Actions Agenda First
Readings and Set for Public Hearings on February 11, 2004. Commissioner
Clapper seconded the motion. Motion passed with four yea votes.
Commissioner Ireland not present.
CONSENT PUBLIC HEARINGS - SECOND READING.~
RESOLUTION AUTHORIZING THE BOARD TO ENTER INTO
INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ASPEN~ COLORADO
REGARDING THE ADMINISTRATION OF STATE HIGHWAY 82 ACCES~
MANAGEMENT PLAN AND TRAFFIC STUDY PROJECT MOTION TO APPROVE
STAFF PERSON: BUD EYLAR~ COUNTY ENGINEER
RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THC
CITY OF ASPEN FOR JOINT FUNDING OF REGIONAL TRAFFIC PATTERN~
STUDY - MOTION TO APPROVE STAFF PERSON: TOM OKEN, COUNTY
FINANCIAL OFFICER
SECOND READING AND PUBLIC HEARING - RESOLUTION OF THE BOARD O1'
COUNTY COMMISSIONERS OF PITKIN COUNTY~ COLORADO APPROVING A
"MASTER" (Number 1422CAA030010), ASSISTANCE AGREEMENT WITH THI-
UNITED STATES DEPARTMENT OF IN,EI~IOR BUREAU OF LAND MANAGEMENT
- MOTION TO APPROVE - STAFF PERSON: I=1 i ~N ANDERSON, EMERGENCY
MANAGEMENT COORDINATOR
SECOND READING AND PUBLIC HEARING - RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY~ COLORADO APPROVlN(':.
"TASK ORDER ONE" ("TO1" Number 1422CAA030010) ASSlSTANCl-
AGREEMENT WITH THE UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT - MOTION TO APPROVE - STAFF PERSON:
ELLEN ANDERSON~ EMERGENCY MANAGEMENT COORDINATOI~
SECOND READING AND PUBLIC HEARING - RESOLUTION APPROVING .~
"MASTER" (Number 1422CAA030011) ASSISTANCE AGREEMENT WITH THr'
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND
MANAGEMENT - MOTION TO APPROVE - STAFF PERSON: ELLEN ANDERSON~
EMERGENCY MANAGEMENT COORDINATOR
SECOND READING AND PUBLIC HEARING - RESOLUTION APPROVING "TASK
ORDER ONE" ("TO1" Number 1422CAA030011) ASSISTANCE AGREEMENT WITII
THE UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF LAND
MANAGEMENT - MOTION TO APPROVE - STAFF PERSON: FLLEN ANDERSON.
EMERGENCY MANAGEMENT COORDINATOR
BOARD OF COUNTY COMMISSIONERS 3
REGULAR MEETING JANUARY 28, 2004
SECOND READING AND PUBLIC HEARING - ORDINANCE AUTHORIZING THI-
SALE OF THE COUNTY'S PARK AVENUE PROPERTY~ CONSISTING OF
APPROXIMATELY 1248 SQUARE FEET~ TO DALE/PARK AVENUE~ LLC- MOTIOH
TO APPROVE - STAFF PERSON: DEBBIE QUINN~ ASSISTANT COUNTY
MANAGER
SECOND READING AND PUBLIC HEARING - ORDINANCE OF THE BOARD O1'
COUNTY COMMISSIONERS OF PITKIN COUNTY~ COLORADO AUTHORIZING THC
CHAIR TO EXECUTE THE NECESSARY DOCUMENTS TO APPROVE THI-
AIRPORT LAYOUT PLAN DATED SEPTEMBER 03, 2003 - MOTION TO APPROVl-
- STAFF PERSON: JIM ELWOOD, AIRPORT DIRECTOR
Chairperson Farris opened the public hearings on these matters.
Commissioner Hatfield moved approval of the Consent Public Hearings Agenda.
Commissioner Clapper seconded the motion. Motion passed with four yea votes
Chairperson Farris opened the hearings to public comment. There being no
comment, she closed the public hearings and called the question. Motion passed
with four yea votes. Commissioner Ireland not present.
PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS CONVENE AS TI II-
BOARD OF HEALTH
Chairperson Dorothea Farris requested a motion to convene as the Board of Health
Commissioner Clapper moved to convene as the Board of Health. Commissioner
Roy seconded the motion. Motion passed unanimously.
RESOLUTION APPROVING THE COMMUNITY SERVICE BLOCK GRANT
APPLICATION - MOTION TO APPROVE - STAFF PERSON SUSAN BERDAHL;
HEALTH AND HUMAN SERVICER
Commissioner Hatfield moved approval of the Resolution approving the
Community Service Block Grant. Commissioner Clapper seconded the motion.
Motion passed with four yea votes. Commissioner Ireland not present.
Commissioner Clapper moved to adjourn as the Board of Health and reconvene
as the Board of County Commissioners. Commissioner Haffield seconded the
motion. Motion passed with four yea votes. Commissioner Ireland not present.
ADMINISTRATIVE ACTIONS:
Commissioner Ireland entered the meeting.
BOARD OF COUNTY COMMISSIONERS 4
REGULAR MEETING JANUARY 28, 2004
RESOLUTION APPROVING THE 2004 BUDGET FOR THE % CENT TRANSIT
SALES AND USE TAX - MOTION TO APPROVE - STAFF PERSON: TOM OKEN,
FINANCIAL OFFICER
Commissioner Roy questioned if commission members if they wish to reopen the
discussion on purchase of four hybrid busses that were voted on at the EOTC meeting?
After a discussion, it was the consensus of the majority of board members not to reopen
the issue.
Commissioner Clapper moved approval of the Resolution. Commissioner
Hatfield seconded the motion. Motion passed unanimously.
LAND USE CONSENT PUBLIC HEARINGS:
STILLWATER AFFORDABLE HOUSING MAJOR PLAT AMENDMENT - MOTION TC~
CONTINUE TO FEBRUARY 25, 2004 - STAFF PERSON: TROY RAYBURN7
HOUSING AUTHORITY
Chairperson Farris 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 Clapper moved approval of the Land Use Consent Actions Agenda
continuing the Stillwater Affordable Housing application to February 25, 2004.
Commissioner Hatfield seconded the motion. Motion passed unanimously.
LAND USE CONSENT ACTIONS:
SECOND READING - ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY7 COLORADO AUTHORIZING VACATIO;'
AND CONVEYANCE OF A NON-EXCLUSIVE EASEMENT ACROSS MOLLiC
GIBSON PARK FOR PURPOSES OF ACCESS AND LANDSCAPING - (SESAI~i~
STREET)- MOTION TO APPROVE - STAFF PLANNER: EZRA LOUTHi,c,
EMERGENCY ORDINANCE REPEALING ORDINANCE NO'S. 13-2003 AND 19-20037
TERMINATING THE TEMPORARY MORATORIUM IN THE OWL CREEK AND
BRUSH CREEK AREAS OF PITKIN COUNTY - MOTION TO APPROVE AND SE~
FOR CONFIRMATORY READING ON FEBRUARY 257 20~~.
Commissioner Clapper moved approval of the Land Use Consent Actions
Agenda. Commissioner Roy seconded the motion. Motion passed unanimously.
SECOND READING AND PUBLIC HEARING - ORDINANCE CREATING A NE',"
.ZONE DISTRICT7 ENtitLED LOW IMPACT RESIDENTIAL ZONE DISTRICT
TO BE INCLUDED IN THE PITKIN COUNTY LAND USE CODE - AND REZONIN[
CERTAIN PROPERTIES WITHIN THE LOWER BRUSH CREEK AND OWL CREEh
PLANNING AREAS TO THE LOW IMPACT RESIDENTIAL ZONE DISTRICT
BOARD OF COUNTY COMMISSIONERS
REGULAR MEETING JANUARY 28, 2004
MOTION TO APPROVE AS AMENDED- STAFF PLANNER: LANCE CLARKE~
ASSISTANT PLANNING DIRECTOR
Lance Clarke gave a presentation on this matter as summarized in his memorandum
contained in the BOCC packet for this meeting.
Commissioner Hatfield asked John Ely if it would be possible for the Board to apply a
different square footage in a different drainage. He said in reading the legislation he
thinks it is appropriate to continue to allow large homes in Owl Creek, but not in the
Brush Creek side of the drainage.
John Ely, responded that the Planning and Zoning Commission's determination was
uniform to the whole planning area and they thought 15,000 square feet was
appropriate, however, the Board is free to change that (one side of the drainage
capping out at 15,000 square feet and the other side of the drainage capping out at
some other number). However, he said the Planning and Zoning Commission would
have to review this amendment.
Commissioner Hatfield said he would like to find out what the square footage is of the
larger homes in Brush Creek Village and create a different zone district for this side of
the drainage that is compatible with the existing homes in the area.
It was the consensus of commission members that the legislation could be approved at
this juncture with direction to staff to draft an amendment to be presented to the
Planning and Zoning Commission for review.
Commission Roy moved to approve the Ordinance with direction to staff to run
the concept past the P&Z. Commissioner Clapper seconded the motion.
Chairperson Farris opened the hearing to public comment. There being no
comment she closed the public hearing and brought the matter back to the Board
called the question. Motion passed unanimously.
RESOLUTION APPROVING AN EXTENSION OF VESTED REAL PROPER'r['
RIGHTS FOR Bb i i ~-RMILK MEADOWS LLC FOR THE BUTTERMILK MEADOW,~;
SUBDIVISION/PUD - MOTION TO APPROVE - STAFF PLANNER: SUZANN[-
WOLFF
Suzanne Wolff gave a presentation on this item as summarized in her memorandum
contained in the BOCC packet for this meeting.
Commissioner Hatfield moved to grant a one-year extension of vested rights.
Commissioner Roy seconded the motion.
BOARD OF COUNTY COMMISSIONERS 6
REGULAR MEETING JANUARY 28, 2004
Chairperson Farris opened the hearing to public comment. There being no
comment, she closed the public hearing and called the question. Motion passed
unanimously.
RESOLUTION APPROVING THE CHEEK SUBDIVISION LOT 4 HAZARD REVlEW~
TDR RECEIVER SITE~ AND SPECIAL REVIEW TO EXCEED 157000 SQUARE FEET
- MOTION TO APPROVE - STAFF PERSON: LANCE CLARKE, ASSISTANT
PLANNING DIRECTOR
Commissioner Hatfield disclosed that he spoke to a neighbor of this property and he
requested him to contact staffwith his questions. Additionally, he disclosed that his
property management company services the neighbor's hot tub. He said he has talked
to John Ely about this and he does not believe he has a conflict of interest.
Lance Clarke gave a presentation on this matter as summarized in his memorandum
contained in the BOCC packet for this meeting.
A brief discussion ensued with the architect for the project, Charles Cunniffe with
respect to certain aspects of the home.
Commissioner Clapper encouraged Mr. Cunniffee to contact local agencies with respect
to energy efficiency options.
Mr. Cunniffee stated that they are in the discussions with CORE and RMI to get their
input with respect to energy efficient components to help make this an exemplary
project.
Mr. Clarke made a correction to the language changing the words in Condition
No. 4 "approved building" to "approved building envelope". Additionally he
corrected the vested rights date from July 15, 2006 to January 28, 2007.
Commissioner Clapper requested that the county wildlife ordinance be
referenced where appropriate. Additionally, she expressed a concern with
respect to the traffic impact on Willoughby Way. She suggested that the
applicant think about some type of carpooling for the construction workers.
Commissioner Ireland warmed that procedures (including towing) will be strictly
enforced with respect to construction worker's trucks, which are illegally parked on the
street due to the fact that it is a narrow road and if there is an emergency in the
neighborhood emergency vehicles would need to get through.
Mr. Cunniffe responded by saying that they have a large enough site to handle all
construction equipment including parking of employee's vehicles.
Chairperson Farris 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.
BOARD OF COUNTY COMMISSIONERS 7
REGULAR MEETING JANUARY 28, 2004
Commissioner Roy moved approval of the Resolution. Commissioner Clapper
seconded the motion. Motion passed unanimously.
FIRST READING - ORDINANCE REZONING THE PITKIN COUNTY SOLID WASTI-
CENTER FROM UNCLASSIFIED (U) TO PUBLIC (PUB) - MOTION TO APPROVr'
FIRST READING AND SET FOR SECOND READING ON FEBRUARY 117 2004
STAFF PERSON: EZRA LOUTHIS
FIRST READING AND PUBLIC HEARING - RESOLUTION APPROVING A GMq£
EXEMPTION FOR ESSENTIAL COMMUNITY FAClLITiES~ 1041 HAZARD REVIEW
AND ADOPTION OF A MASTER PLAN FOR THE PITKIN COUNTY SOLID WASTI'
CENTER - MOTION TO APPROVE ON FIRST READING AND SET FOR SECONI')
READING ON FEBRUARY '11, 2004 - STAFF PLANNER: EZRA LOUTHIS
CONSULTING PLANNER: ALAN RICHMAN
Alan Richman, representing the applicant, and Chris Hoofinagle, with the county landfill
gave a presentation on this item as summarized in staff's memorandum to the Board
contained in the BOCC packet for this meeting.
Commissioner Clapper said she is concerned about the affordable housing audit. She
said she wants to make it clear that if the audit comes back and the subcontractors are
generating the housing, she does not thinks it's the county's responsibility to mitigate
such housing, but rather contractually, make this the responsibility of the
subcontractors.
Commissioner Haffield requested that the vote of the Planning Commission be added to
the resolution. Additionally, he and staff engaged in a short conversation with respect
to some clarifications with respect to the plan, which were answered to his satisfaction.
Chairperson Farris opened the hearing to public comment. There being no comment,
she closed the public hearing and brought the matters back to the Board for action.
Commissioner Clapper moved approval of first reading of the Ordinance and set
for second reading on February 11, 2004. Commissioner Hatfield seconded the
motion. Motion passed unanimously.
Commissioner Hatfield moved approval of the Resolution as written.
Commissioner Clapper seconded the motion. Motion passed unanimously.
Chairperson Farris opened the hearing to public comment. There being no comment,
she closed the public hearing and called the question. Motion passed unanimously.
PROPOSAL FOR SETTLFMENT AGREEMENT REGARDING THE ASSESSED
VALUATION FOR THE ST. REGIS HOTEl
BOARD OF COUNTY COMMISSIONERS 8
REGULAR MEETING JANUARY 28, 2004
Larry Fite, representing the Assessor's office requested that the Board approve an offer
of assessed valuation for the St. Regis Hotel in the amount of $75,000,000. He
explained that if the St. Regis Hotel elects to take this matter to the state for a hearing it
would cost the county approximately $19,000 and there is no guarantee that the state
would assess the property any lower than $75,000,000.
Commissioner Clapper moved to approve the $75,000,000 valuation for the St.
Regis Hotel. Commissioner Roy seconded the motion. Motion passed with four
yea votes and one nay vote by Commissioner Hatfield.
ADJOUORNMENT:
Commissioner Clapper moved to adjourn the meeting at 5:06 PM. Commissioner
Hatfield seconded the motion. Motion passed unanimously.
BOARD OF COUNTY COMMISSIONERS 9
REGULAR MEETING JANUARY 28, 2004
~spectfully su~ed,
l 3 i;rnketttoet hJe° i oa rd~of C ou nty Commissioners
orornea ~-arns, Chairperson
Board of County Commissioners
g\minutes~2004\bocc.reg. O1282004.doc
BOARD OF COUNTY COMMISSIONERS 10
REGULAR MEETING JANUARY 28, 2004
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