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HomeMy WebLinkAboutbocc.min.reg.11172004PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA Plaza One Conference Room WEDNESDAY~ NOVEMBER 17~ 2004 12-1:30 PM CLUB 20 MEETiNG in Plaza One 12:00 PM LUNCH MEETiNG with OPEN SPACE & TRAILS BOARD in Fire Station Meeting Room Budget Meeting 1:00 SPECIAL MEETiNG - Executive Session - ADJOURN SPECIAL MEETiNG 2:00 ADDITIONS/DELETIONS TO AGENDA PUBLIC COMMENT, COMMISSIONER COMMENTS CONSENT ACTIONS 1. Minutes of 10/7 Special Meeting and 11/3 Regular Meeting 2. Approval of Aspen Historical Society Contract, Susan Berdahl 3. Resolution Adopting Amendment #3 to Pitkin County Public Employees' Retirement Plan, T. Oken 4. Resolution Appointing Member to Weed Advisory Board, Karen Sahr CONSENT ACTIONS- 1st Readings~ Set for Public Hearing on December 1: 5~ Water Intergovernmental Agreement with Multiple Counties, Cindy Houben 6. Ordinance Setting Airport Fees and Charges for 2005, Tom Oken CONSENT PUBLIC HEARING - 2"a Readings 7. Ordinance Accepting the Donation of Hal French Property Adjacent to the Rio Grande Trail and Designating the Same as County Open Space, Dale Will 8. Ordinance Accepting the Donation of the Ted Ecke Property Adjacent to the Coke Ovens Open Space and Designating the Same as County Open Space, Dale Will LAND USE CONSENT PUBLIC HEARINGS 1. Crystal River Park Drive Road Vacation Lot Line Adjustment, Minor Plat Amendment 1st Reading (PN 10/16/04), E. Louthis 2. Schlumberger Major Plat Amendment, River Divide Lot 2 (PN 9/25/04) (cont'd from 11/3/04 at request of Applicant) (cont'd to 12/15/04 at request of Applicant), E. Louthis 3. Smuggler Result 1041 HR, Conceptual Submission, Special Review, GMQS Exemption & Modification of County Road Maintenance Classification (PN 10/16/04) (to be cont'd to 12/15/04 at request of Applicant), S. Wolff LAND USE CONSENT ACTIONS 4.Bates 1041 Takings Determination (cont'dto 12/15/04 atrequest of Applicant), E. Louthis LAND USE PUBLIC HEARINGS 5. W/J Ranch Subdivision/PUD Detailed Submission/Final Plat, Special Review for Cellular Site, and Rezoning, 1 st Reading (PN 10/16/04), L. Clarke LAND USE ACTIONS 6.Timroth Lot 33 Takings Determination, S. Wolff BOCC OPEN DISCUSSION ADJOURN APPROVED DECEMBER 1, 2004 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING NOVEMBER 17, 2004 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted, refer to the BOCC PACKET for November 17, 2004 CALL TO ORDER: Chairperson Farris called the regular meeting of the Board of County Commissioners to order at 2:00 PM COMMISSION MEMBERS PRESENT: Commissioners Dorothea Farris, Mick Ireland, Patti Clapper, Jack Hatfield and Shellie Roy COMMISSION MEMBERS ABSENT: None ADDITIONS/DELETIONS TO AGENDA: None PUBLIC COMMENT: Emzee Vezee III advised the board that he is in the process of working on a nightclub chain and is looking for political alliances. PROCLAMATIONS: None COMMISSIONER COMMENTS: Commission members gave comments on local and state issues. Commissioner Clapper commented that her father in law is doing great after open-heart surgery. CONSENT ACTIONS: APPROVAL OF MINUTES OF OCTOBER 17, 2004 SPECIAL MEETING AND NOVEMBER 3, 2004 REGULAR MEETING - STAFF PERSON: JEANETTE JONES, CLERK TO THE BOARD OF COUNTY COMMISSIONERS APPROVAL OF CONTRACT WITH ASPEN HISTORICAL SOCIETY TO PROVIDE $200,000 IN FINANCIAL SUPPORT - MOTION TO PULL FROM THE CONSENT AGENDA FOR DISCUSSION PURPOSES - STAFF PERSON: BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING NOVEMBER 17, 2004 NAN SUNDEEN, DIRECTOR OF COMMUNITY RELATIONS AND SUSAN BERDAHL, CONTRACT MANAGER RESOLUTION ADOPTING AMENDMENT #3 TO THE PITKIN COUNTY PUBLIC EMPLOYEES RETIREMENT PLAN - MOTION TO APPROVE - STAFF PERSON: TOM OKEN, CHIEF FINANCIAL OFFICER RESOLUTION APPOINTING A MEMBER TO THE WEED ADVISORY BOARD - MOTION TO APPROVE - STAFF PERSON: KAREN SAHR, ADMINISTRATIVE SECRETARY Commissioner Hatfield requested that the contract with the Aspen Historical Society be pulled from the consent agenda for discussion purposes. Commissioner Hatfield moved approval of the remaining items on this portion of the agenda as amended. Commissioner Clapper seconded the motion. Motion passed unanimously. APPROVAL OF CONTRACT WITH ASPEN HISTORICAL SOCIETY TO PROVIDE $200,000 IN FINANCIAL SUPPORT - MOTION TO APPROVE - STAFF PERSON: NAN SUNDEEN, DIRECTOR OF COMMUNITY RELATIONS AND SUSAN BERDAHL, CONTRACT MANAGER A discussion ensued between staff and Commissioner Hatfield with respect to some clarifications in the contract. Commissioner Hatfield said he supports the Aspen Historical Society, as an individual citizen, but he questions the role of county government in the allocation of this large sum of money and thinks it sends a wrong message to other non-profits and the precedent it would be setting. He said in all due respect, he will not be supporting this. Commissioner Clapper moved approval of the contract with a comment that this is a resource that once we lose, we cannot get back the history of this town and it needs to be preserved. Commissioner Roy seconded the motion. Motion passed with four yea votes and one nay vote by Commissioner Hatfield. CONSENT ACTIONS - FIRST READINGS AND SET FOR PUBLIC HEARINGS ON DECEMBER1,2004 FIRST READING - RESOLUTION AUTHORIZING THE BOARD TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH EAGLE, GRAND AND SUMMIT COUNTIES FOR MATTERS OF STATE INTEREST (WATER DEVELOPMENT ACTIVITIES) - MOTION TO PULL FROM THE CONSENT AGENDA FOR DISCUSSION PURPOSES - STAFF PERSON: CINDY HOUBEN, COMMUNITY DEVELOPMENT DIRECTOR BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING NOVEMBER 17, 2004 FIRST READING - ORDINANCE SETTING INITIAL AIRPORT FEES AND CHARGES FOR 2005 - MOTION TO APPROVE AND SET FOR SECOND READING ON DECEMBER 1, 2004 - STAFF PERSON: TOM OKEN, CHIEF FINANCIAL OFFICER Commissioner Hatfield requested that the water agreement be pulled from this portion of the agenda for discussion purposes. Commissioner Hatfield moved approval of the Consent Actions Agenda as amended. Commissioner Roy seconded the motion. Motion passed unanimously. FIRST READING - RESOLUTION AUTHORIZING THE BOARD TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH EAGLE, GRAND AND SUMMIT COUNTIES FOR MATTERS OF STATE INTEREST (WATER DEVELOPMENT ACTIVITIES) - MOTION TO APPROVE AND SET FOR SECOND READING ON DECEMBER 1, 2004 - STAFF PERSON: CINDY HOUBEN, COMMUNITY DEVELOPMENT DIRECTOR A short discussion ensued between Commissioner Hatfield and staff with respect to some clarifications of the language in the agreement. Commissioner Ireland moved approval of the agreement. Commissioner Clapper seconded the motion. Motion passed unanimously. CONSENT PUBLIC HEARINGS - SECOND READINGS: Chairperson Farris opened the public hearings on the following matters: SECOND READING - ORDINANCE ACCEPTING DONATION OF THE HAL FRENCH PROPERTY AND DESIGNATING THE SAME AS COUNTY OPEN SPACE - MOTION TO APPROVE - STAFF PERSON: DALE WILL, OPEN SPACE AND TRAILS DIRECTOR SECOND READING - ORDINANCE ACCEPTING DONATIONS OF THE TED ECK PROPERTY AND DESIGNATING THE SAME AS COUNTY OPEN SPACE - MOTION TO APPROVE - STAFF PERSON: DALE WILL, OPEN SPACE AND TRAILS DIRECTOR Commissioner Hatfield moved approval the Consent Public Hearings portion of the agenda. Commissioner Clapper seconded the motion. Chairperson Farris opened the hearings to public comment. There being no comment, she closed the public hearings and called the question. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING NOVEMBER 17, 2004 LAND USE CONSENT PUBLIC HEARINGS: Chairperson Farris opened the public hearings on the following matters. FIRST READING AND PUBLIC HEARING ON RESOLUTION GRANTING SUBDIVISION EXEMPTIONS FOR LOT LINE ADJUSTMENTS AND A MINOR PLAT AMENDMENT TO THE CRYSTAL RIVER PARK SUBDIVISION PLAT AND FIRST READING AND PUBLIC HEARING ON ORDINANCE AUTHORIZING THE VACATION AND RE-ESTABLISHMENT OF A PORTION OF CRYSTAL PARK DRIVE - MOTION TO APPROVE - STAFF PLANNER: EZRA LOUTHIS SCHLUMBERGER MAJOR PLAT AMENDMENT, RIVER DIVIDE LOT 2 - MOTION TO CONTINUE TO DECEMBER 15, 2004, AT THE REQUEST OF THE APPLICANT - STAFF PLANNER: EZRA LOUTHIS SMUGGLER RESULT 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION, SPECIAL REVIEW, GMQS EXEMPTION AND MODIFICATION OF COUNTY ROAD MAINTENANCE CLASSIFICATION - MOTION TO CONTINUE TO DECEMBER 15, 2004, AT THE REQUEST OF THE APPLICANT - STAFF PLANNER: SUZANNE WOLFF Commissioner Hatfield moved approval of the Land Use Consent Public Hearings portion of the Agenda. Commissioner Ireland seconded the motion. Chairperson Farris opened the hearings to public comment. There being no comment, she closed the public hearings and called the question. Motion passed unanimously. LAND USE CONSENT ACTIONS: BATES 1041 TAKINGS DETERMINATION - MOTION TO CONTINUE TO DECEMBER 15, 2004, AT THE REQUEST OF THE APPLICANT - STAFF PLANNER: EZRA LOUTHIS Commissioner Roy moved approval of the Land Use Consent Actions portion of the agenda. Commissioner Hatfield seconded the motion. Motion passed unanimously. LAND USE PUBLIC HEARINGS: FIRST READING AND PUBLIC HEARING ON RESOLUTION APPROVING THE W/J RANCH SUBDIVISION/PUD DETAILED SUBMISSION, FINAL PLAT, SPECIAL REVIEW FOR CELLULAR SITE - MOTION TO APPROVE FIRST BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING NOVEMBER 17, 2004 READING - APPLICANT: LOWE W/J, LLC - APPLICANT'S REPRESENTATIVE: STAN CLAUSON, STAN CLAUSON ASSOCIATES, LLC AND FIRST READING AND PUBLIC HEARING ON ORDINANCE OF THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REZONING A PORTION OF THE W/J RANCH FROM RS-20/PUD TO AH-3/PUD AND A PORTION FROM AH TO RS-20/PUD - MOTION TO APPROVE FIRST READING Lance Clarke gave a presentation on these two applications as summarized in his memorandum to the board and the applicant's application contained in the B©CC packet for this meeting. The Applicant's proposal required the following specific approvals: · Subdivision/PUD to accommodate the creation of five new free market single-family lots of two to seven acres each on the upper bench, and two new deed restricted affordable housing sale units (one duplex). · Rezoning a small portion of the lower bench, adjacent to existing AH zoning, to AH-3/PUD to accommodate the required two units of mitigation housing and three existing R© lots proposed to be relocated. · Major Plat Amendment/Amendment to Development permit to change condition of B©CC Resolution No. 80-97, which prohibits further development of the "upper bench", and to relocate the three R© lots. · 1041 Environmental Hazard Review. · Special Review for relocation of existing approved cellular site. · GMQS Exemption for the two units of mitigation affordable housing. · Scenic Overlay Review · Lot Line Adjustment with existing out parcel that contains the original ranch house. · Acceptance of various easement and dedications. Commissioner Hatfield said he wants it to be very clear what the responsibilities are of the homeowners and/or the metro district. Jim De Francia stated that the applicants agree with all the conditions of approval. He said there have been no changes in the plan since conceptual BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING NOVEMBER 17, 2004 approval last spring. Additionally, the open space area agreements with White Star are in place and they are in the process of concluding an agreement with the Woody Creek Homeowners to insure that the various covenants are in force. He said the voters have approved the metro district and they will go forward in accordance with the service plan, which was approved by the board. He noted that the metropolitan district would be taking responsibility for the maintenance of all the roads, in the existing development, the water system and will oversee and take responsibility for repair and replacement of septic systems although the systems, themselves continue to be owned and operated by all the individual lot owners. He said he represented before and would reaffirm here that all improvements are being undertaken by the development, which is Lowe W/J. So all of the roads that are being installed, all the utilities that have been put in place, and the upgrades of the water system, all of those are being done by the developer and being transferred to the metropolitan district. He clarified that the district is not bearing any of the cost of any of the infrastructure improvements, including the moving of the existing three leach fields. He said the improvements are 80-09% in place and by late spring, they will be 100% finished and the improvements with be in satisfaction of the original plat, which was recorded in 1995. Commissioner Clapper suggested that language be added to the resolution that states that the applicant will relocate the three existing leach fields at their cost and expense. Mr. De Francia said the applicant has no problem with this condition. Commissioner Ireland said he would like an agreement that all the infrastructure improvements will be undertaken at the expense of the applicant. Mr. De Francia said he would have no problem with a condition being added that all the infrastructure improvements are being undertaken at the cost and expense of the developer. He clarified that the ballot language allows the metropolitan district, in the future, to build roads, a sewer plant, or construct a park, etc., but it has nothing to do with any of the improvements, which they are doing now. He further clarified that new units (houses yet to be built) when those people go to get a building permit then the rules and regulations of the metro district provide that at that time, they will pay what is characterized as a hook-up fee. For all of the existing units, the $2,000 fee would be paid only if and when there was any need for them to replace their septic systems. Commissioner Ireland referred to a letter from Marilyn Foss with respect to her issues associated with electricity to her house. Lance Clarke said the developer is doing nothing with regard to electricity to Marilyn Foss's house. He said her house is clearly not up to today's Pitkin BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING NOVEMBER 17, 2004 County codes and it is highly likely that her house needs wiring upgrades if she wants to do modern appliances, heat tape and things. It was the consensus of the majority of commission members that Ms. Foss' issues with her house should not be linked to this application. Commissioner Ireland asked the applicant when the leach fields for Stevens Way would be straightened out. Mr. De Francia replied that the leach fields for Stevens Way will be addressed at such time as the metro district and/or the homeowners' association and/or individuals on Stevens Way have any reason to relocate those leach fields. Tom Schaffer from the Water Quality Control Division of the State Environmental Health Department and Dwayne Watson expressed concerns with respect to creating individual septic disposal systems in a clustered manner on such a dense area. After a discussion, it was agreed by commission members and staff that leach fields could be spread out into the conservation areas. Commissioner Clapper moved approval of first reading of the rezoning ordinance. Commissioner Roy seconded the motion. Motion passed unanimously. Commissioner Clapper moved approval of first reading of the resolution. Commissioner Ireland seconded the motion with an amendment that the language assertions, by the applicant, be added, by second reading, that they will pay for the infrastructure. Commissioner Hatfield said he wants it to be made clear the applicant's responsibilities are clearly defined and the metro district's responsibilities clearly defined prior to second reading. Chairperson Farris called the question. Motion passed unanimously TIMROTH LLP 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION - TAKINGS DETERMINATION - MOTION TO CONTINUE TO DECEMBER 15, 2004 - STAFF PLANNER: SUZANNE WOLFF Commissioner Clapper moved to continue this matter to December 15, 2004. Commissioner Ireland seconded the motion. Motion passed unanimously. ADJOURNMENT: BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING NOVEMBER 17, 2004 Commissioner Clapper moved to adjourn the meeting at 2:10 PM. Commissioner Ireland seconded the motion. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING NOVEMBER 17, 2004 ;anette Jone~ erk to the Bi l~mitted, ~rd of County Commissioners Dorothea Farris, Chairperson Board of County Commissioners g\bocc\minutes\2004\l 1172004 BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING NOVEMBER 17, 2004