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Home My WebLink Aboutbocc.min.reg.12072005 PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA Plaza One Conference Room WEDNESDAY, DECEMBER 7, 2005 12 NOON Site Visit to Brush Creek Parking Lot - Lunch provided. Commissioner Hatfield and Commissioner Owsley will meet Public Works staff there at noon. 2:00 PM ADDITIONS/DELETIONS TO AGENDA PROCLAMATIONS, PUBLIC COMMENT, COMMISSIONER COMMENTS Rick Neiley Proclamation CONSENT ACTIONS 1. Minutes of 10/18,10/25,11/8 and 11/15 Work Sessions and 11/16 Regular Meeting 2. Resolution Appointing Members to Volunteer Citizen Boards, Karen Sahr 3. Change of Designation of Principal Person, Inn at Aspen Liquor License, Lyndee Dean 4. Abatement Petitions, Buttermilk Meadows and Tiehack Land Partners, Carol Foote CONSENT ACTIONS-1st Readilll!S, Set for Public Hearinl! on December 21: I. Ordinance Adopting Asset Management Plan, Temple Glassier 2. Ordinance Setting Airport Fees and Charges for 2006, Tom Oken, Jim Elwood 3. Emergency Resolution Appropriating Budget for the Acquisition of the Wilkinson Property on Smuggler Mountain, Barb D' Autrechy CONSENT PUBLIC HEARING I. 2nd Reading, Ordinance Approving Holy Cross Easements at the Airport, Dave Ulane 2. 2nd Reading, Ordinance Adopting the SH/82 Access Control Plan, Bud Eylar (continued from 11/16) 3. 2nd Reading, Ordinance to Acquire Smuggler Mountain Properties, John Ely (continued from 11/16) LAND USE CONSENT ACTIONS I. Granting 2005 Rural Area GMQS Allotments for Additional Floor Area, S. Wolff LAND USE PUBLIC HEARINGS 2. Verizon Wireless Temporary Commercial Use Permit PH (PN 11/6/05), E. Louthis 3. Redstone Inn Extension of Vested Rights PH (PN 11/6/05), L. Clarke 4. Harvey Ranch Rezoning, 2nd reading and continued 1041 Hazard Review, Conceptual Submission, Special Review & GMQS Exemption, (Continued PH from 10/12/05), (PN 9/11/05), S. Wolff BOCC OPEN DISCUSSION ADJOURN (A dinner break is scheduled from 6:00 to 6:45 pm.) APPROVED DECEMBER 21,2005 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING DECEMBER 7. 2005 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR DECEMBER 7, 2005 CALL TO ORDER: Vice-Chairperson Ireland called the regular meeting of the Board of County Commissioners to order at 2:00 PM COMMISSION MEMBERS PRESENT: Commissioners, Dorothea Farris, Mick Ireland, Jack Hatfield, Michael Owsley, and Patti Clapper (arrived late due to returning from Pearlington Mississippi to provide aid for Katrina victims.) ADDITIONS/DELETIONS TO AGENDA: PROCLAMATION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY. COLORADO HONORING LONGTIME OPEN SPACE AND TRAILS BOARD MEMBER RICHARD NEILEY PUBLIC COMMENT: Glenn Horn requested that an ordinance for rezoning of the Clasen/Pejac property be added to a future agenda. It was agreed that this would be acceptable (pending staff's review.) Bob Barbore requested that the Board add a proposal to an agenda, prior to the end of the year, which involves the Droste property and a contract to buy /sell by his clients. Mr. Barbore was asked to get his proposal to the community development department as quickly as possible for the planning staff's review. COMMISSIONER COMMENTS: Commissioners gave comments on current local and state issues and sports events. CONSENT ACTIONS: APPROVAL OF MINUTES OF REGULAR MEETING OF NOVEMBER 16. 2005 REGULAR MEETING AND WORK SESSIONS OF OCTOBER 18. OCTOBER BOARD OF COUNTY COMMISSIONERS 1 REGULAR MEETING DECEMBER 7, 2005 25. NOVEMBER 8 AND NOVEMBER 15 - STAFF PERSON: JEANETTE JONES. CLERK TO THE BOARD OF COUNTY COMMISSIONERS RESOLUTION APPOINTING MEMBERS TO CITIZEN BOARDS - MOTION TO APPROVE - STAFF PERSON: KAREN SAHR. ADMINISTRATIVE SECRETARY Commissioner Hatfield moved approval of the Consent Actions agenda. Commissioner Owsley seconded the motion. Motion passed with four yea votes. Commissioner Clapper not present for this portion of the meeting. CHANGE OF DESIGNATION OF PRINCIPAL PERSON. INN AT ASPEN LIQUOR LICENSE - MOTION TO APPROVE - STAFF PERSON: L YNDEE DEAN. DEPUTY COUNTY CLERK RESOLUTION APPROVING AN ABATEMENT PETITION FOR REFUND OF PROPERTY TAXES FOR BUTTERMILK MEADOWS LLC - MOTION TO APPROVE - STAFF PERSON: CAROL FOOTE. DEPUTY TREASURER Commissioner Farris moved approval of the items on this portion of the agenda. Commissioner Hatfield seconded the motion. Motion passed with four yea votes. Commissioner Clapper not present for this portion of the meeting. RESOLUTION APPROVING AN ABATEMENT PETITION FOR REFUND OF PROPERTY TAXES FOR TIEHACK LAND PARTNERS L TD - MOTION TO APPROVE - STAFF PERSON: CAROL FOOTE. DEPUTY TREASURER CONSENT ACTIONS - FIRST READINGS - SET FOR PUBLIC HEARING ON DECEMBER 21.2005 FIRST READING ORDINANCE APPROVING AND ADOPTING THE 2006 REVISED ASSET MANAGEMENT PLAN - MOTION TO APPROVE AND SET FOR SECOND READING ON DECEMBER 21.2005 EMERGENCY RESOLUTION APPROPRIATING BUDGET FOR THE ACQUISITION OF THE WILKINSON PROPERTY ON SMUGGLER MOUNTAIN - MOTION TO APPROVE AND SET FOR CONFIRMATORY PUBLIC HEARING ON DECEMBER 21.2005 - STAFF PERSON: BARB D'AUTRECHY. OPEN SPACE AND TRAILS Commissioner Farris moved approval of the two items on this portion of the agenda. Commissioner Hatfield seconded the motion. Motion passed with four yea votes. Commissioner Clapper not present for this portion of the meeting. . BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING DECEMBER 7, 2005 FIRST READING - ORDINANCE SETTING INITIAL AIRPORT FEES AND CHARGES FOR 2006 - MOTION TO APPROVE AND SET FOR SECOND READING AND PUBLIC HEARING ON DECEMBER 21.2005 - STAFF. PERSONS: TOM OKEN. CHIEF FINANCIAL OFFICER AND JIM ELWOOD. AIRPORT DIRECTOR After a short discussion with staff clarifying certain components of the Ordinance, Commissioner Hatfield moved approval of first reading of the Ordinance and set for second reading and public hearing on December 21, 2005. Commissioner Owsley seconded the motion. Motion passed with four yea votes. Commissioner Clapper not present for this portion of the meeting. CONSENT PUBLIC HEARINGS: SECOND READING - ORDINANCE GRANTING AN UNDERGROUND RIGHT OF WAY EASEMENTS TO HOLY CROSS ENERGY - MOTION TO APPROVE - STAFF PERSON: DAVID ULANE. ASSISTANT AIRPORT DIRECTOR SECOND READING ORDINANCE ADOPTING THE STATE HIGHWAY 82 ACCESS CONTROL PLAN - MOTION TO APPROVE - STAFF PERSON: BUD EYLAR. COUNTY ENGINEER SECOND READING ORDINANCE AUTHORIZING THE PURCHASE. ACCEPTANCE AND ACQUISITION OF SMUGGLER MOUNTAIN PROPERTIES MOTION TO APPROVE - STAFF PERSON: JOHN EL Y. COUNTY ATTORNEY Commissioner Farris moved to approve the Ordinance granting an easement to Holy Cross Energy and the Ordinance adopting the SH 82 access control plan. Commissioner Hatfield seconded the motion. Motion passed unanimously. Commissioner Hatfield asked that the Board consider communicating with the City on the true cost of this acquisition. He expressed a concern that the acquisition could be more expensive, in the long term, because of management issues and costs associated with other properties on Smuggler Mountain, which the county is interested in obtaining. He suggested that the Board might want to consider not including the Pride of Aspen in the conservation easement because it might want to consider selling this parcel off in the future to cover other costs. Commissioner Farris moved to approve the items on this portion of the agenda. Commissioner Hatfield seconded the motion. Motion passed with four yea votes. Commissioner Clapper not present for this portion of the meeting. BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING DECEMBER 7, 2005 Further discussion ensued with respect to the Smuggler acquisition. Commissioner Owsley said he thinks the public support comes from acquiring this as open space. It doesn't come from acquiring Smuggler Mountain and selling off pieces of it even though the Pride of Aspen might be an appropriate piece in some view. John Ely, County Attorney, advised the board that future actions on the mountain are going to cost money and it runs out of assets to expend up there, the board may find itself holding something less desirable at the bottom and not having the resources, in the future, to purchase a more desirable parcel up on the mountain. Dale Will, Open Space and Trails Director, agreed with the county attorney that the board should keep the option he concurred with John Ely that the Pride of Aspen be excluded from the encumbrance of the conservation easement. Commissioner Clapper entered the meeting. Commissioners Owsley and Farris commented that they think the board should stay with the original proposal due to the issue coming forward at the last minute after public notice. Commissioner Clapper said she thinks the Pride of Aspen should be left out of the conservation easement so it's not encumbered. Commissioners all agreed that if the City were not to approve of the Pride of Aspen not being encumbered by the conservation easement then they want to move forward as written to allow the deal to close as scheduled with the conservation easement on the entire parcel. LAND USE CONSENT ACTIONS: RESOLUTION ALLOCATING 2005 RURAL AREA GMQS ALLOTMENTS FOR ADDITIONAL FLOOR AREA - MOTION TO APPROVE STAFF PLANNER: SUZANNE WOLFF Commissioner Hatfield moved approval of the Resolution. Commissioner Clapper seconded the motion. Motion passed unanimously. LAND USE PUBLIC HEARINGS: RESOLUTION APPROVING A TEMPORARY COMMERCIAL USE PERMIT TO VERIZON TO LOCATE A TEMPORARY TELECOMMUNICATIONS FACILITY ON THE MORROW PROPERTY UNTIL DECEMBER 31.2006 STAFF PLANNER: EZRA LOUTHIS BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING DECEMBER 7, 2005 Applicant: Verizon Wireless Applicant's Representative: Ann Closser Applicant's Request: Temporary commercial Use Permit approval pursuant to Code Section 3-200-030 to locate a temporary wireless telecommunications facility or Cellular on Wheels (COW). The facility consists of a small mobile triler and a 28' wood pole driven into the ground four feet, with four antennas mounted to it. Each antenna is four feet long and one foot wide. The applicant requests the temporary site until December 31, 2006, at which time the lease runs out with the landowner. Ezra Louthis gave a presentation on this application as summarized in his memorandum contained in the BOCC packet for this meeting. Commissioner Ireland submitted a letter from Sydney Smock saying that he does not object to the temporary site although he thinks it would be disrespectable to the master plan for cell tower sites. A copy of Mr. Smocks' letter is attached to the end of the BOCC packet for this meeting under additional exhibits. Ann Closser, representing Verizon, gave a brief overview of their proposal. Commissioner Clapper moved to approve the application with a stipulation that the site be removed no later than December 31, 2006. Commissioner Owsley seconded the motion. Motion passed with four yea votes and one nay vote by Commissioner Hatfield. Commissioner Clapper moved to approve the Verizon application with a stipulation that the old site be removed no later than December 31, 2006 and/or 30 days within the alternative site being operational. Commissioner Owsley seconded the motion. Motion passed with four yea votes with one nay vote by Commissioner Hatfield with a comment that he cannot support this application because of its proximity (right next door) to where it was previously denied. RESOLUTION GRANTING APPROVAL FOR EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR THE REDSTONE INN - MOTION TO APPROVE STAFF PLANNER: LANCE CLARKE. ASSISTANT PLANNING DIRECTOR Applicant: John Gilmore, Redstone Inn Applicant's Representative: Dan Baxter, Baxter and Associates Applicant's Request: Extension of Vested Rights pursuant to Section 4-140- 030 of the Land Use Code for a Special Review approval of expansion and redevelopment of the Redstone Inn granted in 1999 pursuant to BOCC BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING DECEMBER 7, 2005 Resolution 99-193. A previous extension was granted by the Board in 2003. This extension expires December 6, 2005. The applicant is requesting an extension for five years, until 2010. Ezra Louthis gave a presentation on this application as summarized in his memorandum contained in the BOCC packet for this meeting. He explained that Suzannah Reid, Historic Preservation Officer, asked that the applicant be required to submit any new building permits (for future development) to the Historical Preservation Committed for review. Commissioner Hatfield moved approval of the Resolution with an amendment that building permits associated with new development be submitted to the HPC for review. Commissioner Farris seconded the motion. Motion passed unanimously. SECOND READING - ORDINANCE REZONING A PORTION OF THE HARVEY RANCH FROM RS-30/PUD TO RURAL/REMOTE - MOTION TO CONTINUE TO JANUARY 11. 2005 SECOND READING - RESOLUTION GRANTING APPROVAL OF THE HARVEY RANCH SPECIAL REVIEW. 1041 HAZARD REVIEW. CONCEPTUAL SUBMISSION AND GMQS EXEMPTION - MOTION TO CONTINUE TO JANUARY 11. 2005 Commissioner Ireland asked the county engineer if the road alignment issues were resolvable? Bud Eylar responded that the vast majority of the issues are resolvable. He further said that some of the 20% grade issues will be forthcoming with a new set of plans. Commissioner Farris moved to continue the Harvey application to January 11, 2005. Commissioner Clapper seconded the motion. Motion passed unanimously. ADJOURNMENT: Commissioner Farris moved to adjourn the meeting at 3:30 pm. Commissioner Ireland seconded the motion. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING DECEMBER 7, 2005 /' Re,S'pe .tfully submitt . I /' \' ') J ~'Ji1 (H /)^ :\. ',../' (/f IIA/L-tt ., ' Jea"4tte J;nes I. Cle~ to the Board of County Commissioners !..~"~-Cg,~ Board of County Commissioners g\bocc\minutes\2005\min.reg.12072005 BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING DECEMBER 7, 2005