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HomeMy WebLinkAbout20070411minutes ... MINUTES OF WORK SESSION fi/'fAC</t 0 /3 'f go GC- )/-11-,1 '7 Date: March 6, 2007 Meeting Start Time: 2:05 pm Commissioners present: IZI Patti Clapper D Dorothea Farris IZI Jack Hatfield IZI Michael Owsley IZI Rachel Richards Commissioners not present: D Patti Clapper IZI Dorothea Farris D Jack Hatfield D Michael Owsley D Rachel Richards WORK SESSION ITEM: Memos ofInterest STAFF DIRECTION: I. CDOT ST AC Transportation Update, Mick Ireland - informational only, no direction needed. The Board inquired what Mr. Ireland meant by high priority mean? Commissioner Richards stated that the 1- 70 Coalition meeting has moved to March 29th in Empire. She also inquired about whether she should attend the upcoming Intermountain Planning meeting on April 5th. Staff will follow up. Discussion ensued. 2. February Meeting & Other Activities of the Colorado Basin Roundtable, Rose Ann Sullivan - informational only, no direction needed. Commissioner Hatfield raised the issues of negotiations with the Denver Water Board. Commissioner Richards responded and discussion ensued regarding a recent meeting on PSOP with Senator Salazar. Discussion ensued including the impacts of energy development. 3. Finance Department Semi Annual Update, Debe Nelson - informational only, no direction needed. 4. Community Relations Semi Annual Update, Nan Sundeen - informational only, no direction needed. 5. Human Resources/Risk Management Department Update, Phylis Mattice - informational only, no direction needed. WORK SESSION ITEM: Future Agendas/Agenda Requests/Monthly Calendars STAFF DIRECTION: 1. March 9th, 3pm - Basalt Phillips Ethanol Service Grand Opening. Commissioner Clapper will also be attending the event. 2. Bug Infestation Task Force meeting on March 15th. Commissioners Clapper and Farris will attend. 3. The County Manager advised the Board of her absence next week. 4. Commissioner Richards will not be participating in the Club 20 trip to Washington, D.C. and therefore will be attending BOCC meetings in April. WORK SESSION ITEM: STAFF DIRECTION: 1. RTA-noreport. 2. NWCCOG - Commissioner Clapper provided an update on activities. 3. QQ - no report. 4. ACRA - no report. 5. CCI - Commissioner Hatfield advised the Board of the upcoming meetings. 6. RRR - no report. 7. RWPA - meeting is set for April 4th. 8. NACo - no report. 9. CAST - no report. The Board requested Club 20 to be added to the list of Board reports. 1 10. PElS 1-70 - Commissioner Richards advised that the meeting was cancelled and rescheduled to'March 29th. WORK SESSION ITEM: Open Discussion STAFF DIRECTION: I. Commissioner Richards raised the Club 20 discussion of the urban interface areas as well as other issues. Discussion ensued. 2. Staff advised the Board that staff is analyzing the DOW bear enforcement request for residential and commercial management. 3. Air carrier service work session - invitation letter has been sent for April dates and the meeting will be filmed by Grassroots. 4. CAST membership - staff advised the Board of the membership. 5. HB 1036 - the Board supported the proposed letter from Rose Ann Sullivan. 6. HB 1246 - based on advice from the County Attorney, the Board will not take a position. 7. HB 1119 - request from Janice Voss Caudill for support, letter attached. 8. NACo letter for support of climate stabilization policy by Public Health Advocate. The Board requested a copy of the proposed letter for approval by the Board. 9. Commissioner Hatfield inquired about the status of the historical pictures for the meeting room. Staff will contact him to 10. Commissioner Hatfield inquired about tracking economic information during the closure. Discussion ensued and staff will work with the City Finance Department. 11. Commissioner Hatfield advised the Board of a DOW presentation on bear issues at ACES on March 15th. 12. Rocky Mountain Rail Authority membership fee request - due to the funding requirement of $20,000 the Board declined membership. 13. SB07-097 Allocation of Tobacco Litigation Moneys - Commissioner Richards stated her support. The Board requested copies of the request for discussion on March 13th. 14. Volunteer citizen board survey - the Board requested an opportunity to review the proposed survey before it is distributed. 15. Commissioner Owsley raised the noise complaint for snow removal back-up beepers. Discussion ensued and the Board requested staff to explore alternatives. WORK SESSION ITEM: Joint Meeting with City Council STAFF DIRECTION: I. X Games Debrief - Ellen Anderson reviewed the process used for the debrief process and indicated that the areas for improvement including lack of coordination for pre-planning, alcohol abuse and crowd capacity management. She reviewed the recommendations in further detail. Discussion ensued on a number of issues. Both the Council and Board supported the recommendations made in the report. 2. Zupancis/Galena Block Master Plan - Ben Gagnon reviewed the concept being addressed by the proposed intergovernmental agreement. Commissioner Clapper raised the issue of two days being needed for the charette. Discussion ensued. The Board directed support of the proposed work plan and for the agreement to be brought to the Board for formal approval. 3. Brief discussion ensued regarding construction management plans. 4. Rio Grande Meeting Room Remodel - Bentley Henderson provided an overview of the work proposed for the meeting room. Discussion ensued and the general support was expressed for the project. 5. Red Mountain Road and Water Line Construction - the City staff indicated that they are working to reach an acceptable contract so they can collaborate with the project. 2 !.djoumed at 6:00 pm. Prepared by: kv er, County Manager Michael . 0 sley, Cha'r Board of County Commissioners Q::Ad r ?'./~ " . /.7;, /JaI}ite K. Vos Caudill, Clerk and Recorder ~/ 3 MINUTES OF WORK SESSION Date: March 20, 2007 Meeting Start Time: 1:06 pm Commissioners present: IZI Patti Clapper IZI Dorothea Farris IZI Jack Hatfield IZI Michael Owsley IZI Rachel Richards Commissioners Dot present: D Patti Clapper D Dorothea Farris D Jack Hatfield D Michael Owsley D Rachel Richards WORK SESSION ITEM: Prep for Meeting with USFS STAFF DIRECTION: Martha Moran will be attending due to family emergency for acting ranger Michael Kenealy. The Board requested that the meeting be rescheduled to a date when Mr. Kenealy. Future topics identified by the Board included: I. Winter use of Richmond Hill Ridge. 2. Homeless individuals camping on Forest Service property. 3. Status update on the long eared bat cave up the Crystal River. 4. Status on alabaster mine lawsuit. 5. Campground closures and budget/personnel for maintenance and overall funding (possible cuts and our ability to lobby) 6. Status of oil/gas leasing specifically Thompson Creek. 7. Air quality monitoring over wilderness area airsheds - is there possibilities for partnership? 8. Status of wildland urban interface zones and are there issues in Pitkin County. 9. Status of use ofUSFS property in Aspen and Carbondale. WORK SESSION ITEM: Memos ofInterest STAFF DIRECTION: I. Budget Memo for Court Ordered Record - approved. 2. CDOT STAC Transportation Update - informational only, no direction needed. Discussion ensued. The Board asked staff to confirm the meeting with Ed Fink on March 29th at 10:30 am. Commissioners Richards and Farris will be attending the Transportation Summit on April 5th. 3. Airport Update - informational only, no direction needed. Discussion ensued. WORK SESSION ITEM: Future Agendas/Agenda Requests/MontWy Calendars STAFF DIRECTION: I. Charrette attendance - Commissioners Owsley, Hatfield and Richards will attend. 2. Commissioner Hatfield requested locations of meetings to be listed on future agendas. 3. Commissioner Farris will be out May 7th through May 11th. 4. The Board directed staffto cancel the May 8th work session. 5. Commissioner Hatfield inquired if staff will be attending the 20 I 0 census planning meeting. Staff will follow up. 6. Commissioner Richards inquired if Brian Pettet will be attending the CDOT Policy Workshop on April 10th. Staff will follow up. WORK SESSION ITEM: Open Discussion STAFF DIRECTION: 1. Staff advised the Board that the bi-annual report is in today's newspaper. 2. Request for Legislative Action SB 07-122 - approved with some modifications. )/ 11 --~..~----~-_..." 3. RFT A donation request - the Board directed staff to provide a Pitkin County vest or shirt. 4. Commissioner Farris requested support for a State Fire Assistance letter. The Board approved the letter as one of the signatories. 5. Airport survey - the Board approved the survey as amended. 6. Commissioner Owsley advised that he did follow up with Ned Carter regarding his noise complaint. 7. Staff advised the Board of the process for the Open Space vacancy. 8. Commissioner Hatfield inquired about two organizational policies. Staff responded. WORK SESSION ITEM: Joint Meeting with Aspen Fire District Board STAFF DIRECTION: Fire District Board members Jack Simonton, Tom Clapper and Stoney Davis were in attendance. Commissioner Owsley identified that both boards have a common interest of safety and health for the citizens. Concern has been expressed over the cost of sprinkling mobile homes and the general availability of these systems. Woody Creek resident Julia Penny discussed the financial burden this requirement places on residents. Ed Van Walraven reviewed his research and updated the boards on recent discussions with manufacturers. Discussion ensued. Adjourned at 4:35 pm. Prepared by: .Ill rF .- +rl ~,:A /-vI-". , Hilary Fletcher, County Manager "--' Respectfully submitted: ( / -\ / / -;,A ,'~ . "<~/;.J A' .Ii // : <,,~...,.,..,/) I t..,p~ d --"_,,,-<-, (/ Jani6e K. Vos Caudill, Clerk and Recorder ;,/ Michael M. Owsley, Chair Board of County Commissioners j~ MINUTES OF WORK SESSION Date: March 27, 2007 Meeting Start Time: 1:02 pm Commissioners preseDt: IZI Patti Clapper [g) Dorothea Farris [g) Jack Hatfield [g) Michael Owsley [g) Rachel Richards Commissioners not present: D Patti Clapper D Dorothea Farris D Jack Hatfield D Michael Owsley D Rachel Richards WORK SESSION ITEM: Legislative Update STAFF DIRECTION: I. HB 1341 - the Board supported the letter with a minor modification. 2. Commissioner Clapper stated that the chain law bill has been reintroduced and is moving successfully through the legislature. The Board directed staff to monitor. 3. SBI23 -monitor. 4. SB229 - CCI will monitor. Staff will ask Rose Ann Sullivan for an opinion. 5. HB I 3 50 - CCI will monitor. 6. Commissioner Hatfield requested that state budget decisions be monitored. WORK SESSION ITEM: Waste Hauler Licensing, Dylan Hoffman STAFF DIRECTION: Dylan Hoffman and Chris Hoofnagle were present and responded to clarifying questions from the Board. Discussion ensued regarding the request for route information from the haulers. The Board concurred with the staff recommendation. Commissioner Richards inquired about the requirement for hauling of recyclables. Discussion followed. The Board directed staff to examine the recyclable requirement for haulers. The Board discussed the requirement for material to come to the designated site. Discussion moved to the Wildlife Protection Ordinance. Discussion moved to the violations and master plan and ordinance changes. WORK SESSION ITEM: Memos ofInterest STAFF DIRECTION: I. Pitkin County Library Update, Kathleen Chandler - informational only, no direction needed. WORK SESSION ITEM: Future Agendas/Agenda Requests/Monthly Calendars STAFF DIRECTION: I. Staff inquired if the Board would be interested in a NWCCOG 2nd Home Study presentation. The Board agreed with invitations extended to all other county and municipal jurisdictions in the valley. 2. Commissioner Hatfield inquired about the Uhlfedler land use item and why it is not scheduled until April 25th. Staff will follow up. 3. Commissioner Clapper advised that the April 26th NWCCOG meeting is in Gypsum. 4. Commissioner Farris advised that she would be out May 7th through 11th. 5. Commissioner Owsley advised that the Woody Creek Caucus meets the last Thursday of every month at the Woody Creek Store at 6:30 pm except November and December when it does not meet. 6. Commissioner Farris inquired if the date of May 31 st caucus meeting is correct. Staff will follow up. 7. Commissioner Richards will attend the 1-70 Coalition meeting in Empire. WORK SESSION ITEM: Open Discussion STAFF DIRECTION: j~ I. Staff advised that the EP A is conducting the Smuggler 5-year review starting next week. 2. Staff advised that they are meeting to discuss economic tracking during the airport closure with City Finance staff. 3. Staff advised that Brian Pettet would attend the April 5th CDOT policy meeting. 4. Staff advised that Community Development staff would be attending census meeting. 5. Barb D' Autrechy was present to discuss the natural development of beaver ponds on the Seven Star property. The ditch owners have expressed concern regarding potential damage from the beaver damns. Gary Tennebaum has been in contact with the ditch owners and the situation will be monitored. Discussion ensued. Commissioner Hatfield expressed concern about the silt build-up in Brush Creek and inquired about the status of the water monitoring of Brush Creek during the bridge construction. Staff will follow up. 6. Commissioner Clapper distributed information from the River District regarding PSOP legislation. 7. Commissioner Owsley raised an issue of the increasing cost of pumping septic systems due to a policy of Aspen Sanitation District to not accept sludge after May I st. Staff will follow up with Rose Ann Sullivan. 8. Commissioner Hatfield discussed the recent charette for facility planning. 9. Commissioner Hatfield inquired about the next steps from the TDR work session. Staff stated that a proposal is being sought for further work and that will be brought to the Board. 10. Commissioner Hatfield raised the issue of hearing officer considering special review for TDRs rather than the Board. Discussion ensued regarding the role of the hearing officer. Staff will follow up. I I. Commissioner Clapper inquired about the West Sopris Creek Road issue. Staff has copied the reply letter to the Homeowners Association and will send the letter to those homeowners who inquired via email. 12. Commissioners Clapper and Farris discussed the Energy Summit last week. Adjourned at 3: 21 pm. Prepared by: Respectfully submitted:/ M'I I-v(,. .~ '1 i:~'" / ~ ~) ,/ ,. , . . ,~~ . {/;-:.- (~;J( /anice K. Vos Caudill, Clerk and Recorder Hilary Fl t her, County Manager v' Michael M. Owsley, Chair Board of County Commissioners j^, APPROVED APRIL 11, 2007 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING MARCH 28. 2007 NOTE: For all staff memorandums and associated documents, including additional exhibits submitted to the record, refer to the BOCC PACKET FOR MARCH 28, 2007. CALL TO ORDER: Chairman Michael M. Owsley opened the regular meeting of the Board of County Commissioners at 12:00 PM. COUNTY COMMISSION MEMBERS PRESENT: Commissioners Michael M. Owsley, Patti Kay-Clapper, Dorothea Farris, Jack Hatfield and Rachel Richards. COMMISSION MEMBERS ABSENT: None ADDITIONS/DELETIONS/CHANGES TO THE AGENDA: Hilary Fletcher, County Manager, informed the board that the agenda had been changed to show the addition of an Administrative Action. It is the first reading on an Emergency Ordinance on Revision to Section 3-104 of the Pitkin County Procurement Code. It was also announced that the appellants on Land Use Action Item #5, Appeal of Second Extension of Owl Creek Meadows, have asked that this item be moved up in the agenda as Art Ferguson, their attorney, had to leave for an out of town meeting. Therefore, this item was moved up before the Land Use Public Hearings. PUBLIC COMMENT: Andrew Kole spoke about attending the Joint Facilities Master Plan charette last week. He said that he took a tour of the County and City facilities yesterday and said that without a question, he found the work spaces very cramped, no meeting rooms available, and no break rooms to name a few things. He asked the board as individuals if they were leaning more toward using the Zupan cis property or the Public Works facility. BOARD OF COUNTY COMMISSIONERS I REGULAR MEETING MARCH 28, 2007 co Chairman Owsley informed Mr. Kole that the board members could not get into questions and answers on this issue. He did tell him, however, that the County has a commitment to stay in town and keep Aspen as its County Seat, although any specifics have yet to be determined. Peg O'Brien is a resident of the Woody Creek Park Subdivision. She could not stay for the Woody Creek Subdivision Minor Amendment to a Development Permit item later in the meeting and therefore made her comments to the board as outlined in her March 20, 2007 letter to the Commissioners. Ms. O'Brien wants to see the requirement on sprinkler systems cancelled/deleted. Her letter can be found at the end of today's meeting packet in additional exhibits. Toni Kronberg addressed the board and thanked them as the City of Aspen has come to an agreement on ballot language for the additional use 'of bus lanes from the round -about to Buttermilk. She is in support of that. She added that this is separate from the Entrance to Aspen issue. She also commented on the signal light at Truscott and how CDOT was looking at that on an operational basis to see how it can be "tweaked". And another area that concerned citizens have brought forward to CDOT, continued Ms. Kronberg, is the Owl Creek Road intersection. Ms. Kronberg also informed the board and the public about the construction of swimming pools outside of the ARC Building. She said that the next work session is before City Council on April 24, 2007. Jill Winkler is a future owner of an old Woody Creek Mobile Home Park unit to be replaced with a new modular home. She is hoping the sprinkler systems are not mandatory and that it will be left up to each individual homeowner as it is very expensive to install those sytems. COMMISSIONER COMMENT: Commissioner Richards asked for a moment of silence to remind us that we are still a nation at war. The number of war dead is now 3,244 of U.S. forces alone. There is another 700 dead from contractors to the U.S. and 275 members of the coalition forces. Each one of these numbers represents hundreds and hundreds of Iraqi dead. She attended a commemorative march in Grand Junction last weekend for the 4th anniversary of the war and hopes for peace. Commissioner Hatfield gave an update on the E85 corn based ethanol fuel now available in Basalt. He said that Kansas will have a cellulose (switch grass, corn stalks, wheat straw, and even the state's prairie grass) plant. This is a real positive, he said, because we will not have corn compete for food as well as for energy products. Five other states will also get federal grants for these plants. BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING MARCH 28, 2007 (), He also spoke about attending the "Raise the Reader" get together where children are given bags of books to take home and share with their parents. Pitkin County supports this through our grant process. Commissioner Hatfield continued on by giving his bi-monthly report on the Entrance to Aspen. He said that EI Jebel and Snowmass Village did not have very good turnouts for those meetings. He understands that in finality it is an Aspen issue because the people here have the vote. Commissioner Farris congratulated Mick Ireland for his appointment to the Governor's Blue Ribbon Panel on Transportation. She also commented that RFTA, which she chairs, is very involved in bus lanes and congestions. She said that 4,000,000.00 people ride buses instead of driving cars so there are a lot of potential vehicles that could add to congestion. Commissioner Farris informed the public that she and Commissioner Kay- Clapper attended an energy summit put on by Senator Salazar with lots of good presenters and about 1500 people. Commissioner Kay-Clapper commented on the passing of long time local Art Pfister. She also announced that the Aspen Girl's Hockey Team won the U12 State Championship for the first time. She congratulated the team and their coaches and pointed out that County Attorney John Ely's daughter was one of the team members. Chairman Owsley addressed the axis of the earth tilting back toward the sun and listed the first signs of spring that he's seen in the valley. CONSENT ACTIONS: MINUTES OF BOARD OF COUNTY COMMISSIONERS' WORK SESSION MEETINGS OF JANUARY 23.2007. FEBRUARY 5.6.13.20,22.23 & 27. 2007 AND REGULAR MEETING MINUTES OF MARCH 14. 2007 AND SPECIAL MEETING MINUTES OF MARCH 20. 2007 - MOTION TO APPROVE STAFF: JEANETTE JONES AND LYNDEE R. DEAN. CLERKS TO THE BOARD READING OF RESOLUTION APPROVING A SUPPLEMENTAL 2007 BUDGET FOR THE Yo CENT TRANSIT SALES AND USE TAX FUND - MOTION TO APPROVE STAFF: TOM OKEN, CHIEF FINANCIAL OFFICE FOR PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING MARCH 28, 2007 \~ Commissioner Richards moved to approve the Consent Actions as read. Commissioner Farris seconded the motion. Motion passed 5 to O. CONSENT ACTIONS - 1ST READINGS. SET FOR PUBLIC HEARING ON APRIL 11. 2007: FIRST READING ON ORDINANCE APPROVING THE AMENDMENT OF A UTILITY EASEMENT ACROSS THE W/J OPEN SPACE - MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO APRIL 11. 2007 STAFF: DALE WILL. DIRECTOR OF OPEN SPACE AND TRAILS FIRST READING ON ORDINANCE APPROVING THE GRANTING OF A UTILITY EASEMENT ACROSS THE THOMAS ESTATE PROPERTY- MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO APRIL 11. 2007 STAFF: DALE WILL. DIRECTOR OF OPEN SPACE AND TRAILS FIRST READING ON RESOLUTION SETTING LANDFILL TIPPING AND SALES FEES - MOTION TO APPROVE ON FIRST READING AND SET SECOND READING AND PUBLIC HEARING TO APRIL 11. 2007 STAFF: CHRIS HOOFNAGLE. SOLID WASTE MANAGER Commissioner Hatfield had some questions on the first two items and they were therefore pulled from the Consent Actions. Commissioner Farris, however, did move to approve the Landfill Tipping and Sales Fees Resolution on first reading and set second reading and Public Hearing to April 11, 2007. Commissioner Hatfield seconded the motion. Motion passed 5 to O. With regard to the first two Resolutions on utility easements, Commissioner Hatfield asked why the County would manage these open spaces differently than other open space property even if they weren't purchased with Open Space funds. He wondered why we allow a private homeowner to move a utility easement as well as Holy Cross across an open space parcel. Barb D'Autrechy of Open Space and Trails responded by saying that it's not really a management question but it's a question of restrictions that apply from the Home Rule Charter. Discussion ensued between Commissioner Hatfield and Ms. D'Autrechyon his concerns. Commissioner Hatfield_asked what the precedent was !Jeing set here. He asked if everyone that has a line next to open space that wasn't purchased BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING MARCH 28, 2007 '~ with our funds would just have to bury lines on open space property. Because of this, he said, he finds it a negative precedent and he will not be able to support either Resolution. Commissioner Farris moved to approve the two Resolutions approving the amendment of a utility easement across the W/J open space and the Thomas Estate property. Commissioner Richards seconded the motion. Motion passed 4 to 1 with Commissioner Hatfield voting nay. CONSENT PUBLIC HEARINGS - 2ND READINGS: SECOND READING AND PUBLIC HEARING ON RESOLUTION OF AGREEMENT TO INITIATE JOINT PLANNING - CiTY OF ASPEN - PITKIN COUNTY - ASPEN ART MUSEUM - ACRA - PITKIN COUNTY LIBRARY (THE PARTIES) - PHASE I, ZUPANCIS GALENA BLOCK MASTER PLAN MOTION TO APPROVE STAFF: TEMPLE GLASSIER. DEPUTY DIRECTOR OF PUBLIC WORKS Commissioner Farris moved to approve the Resolution agreement to initiate joint planning. Commissioner Kay-Clapper seconded the motion. Chairman Owsley opened the hearing to public comment. Toni Kronberg asked if this Resolution was approving the Master Plan that was looked at during the charette last week. Chairman Owsley responded by saying that the Resolution was just an agreement to work together and that the charette has no legal force, no force at all except as a goodwill gesture to show that the City, County, ACRA and the Art Museum can begin a planning process. Ms. Kronberg is in favor of keeping the Library Park Plaza as open space and keeping the three parking lots as transportation related and park/recreation related. She has not formulated an opinion yet on the historical cabins at the end of the Zupancis property. She also questioned which plan in the city is the ruling plan? Is it the Aspen Area Community Plan, the Civic Master Plan or the Rio Grande Master Plan? She said that she believes more answers are needed before going further. Chairman Owsley called the question to approve. Motion passed 5 to O. ADMINISTRATIVE ACTIONS: READING ON EMERGENCY ORDINANCE AMENDING THE 2005 PITKIN COUNTY PROCUREMENT CODE (Revision to Section 3-104 ofthe Pitkin County Procurement Code) - MOTION TO APPROVE EMERGENCY BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING MARCH 28, 2007 \11 ORDINANCE AND SET CONFIRMATORY READING AND PUBLIC HEARING TO APRIL 25. 2007 STAFF: JIM ELWOOD, AIRPORT DIRECTOR Jim Elwood gave the board a short presentation on this Ordinance as shown in his Agenda Item Summary. He said that there was an extended conversation with the advertising company at the airport that does the signs throughout construction about trying to do some upgrades to their appearance as part of the airport's re-opening in June. In the process, he said, the advertising company countered with what the airport thought was a very creative, very positive shift for the airport. With two years remaining on their existing agreement, he said that it didn't make economic sense for them to do it right now without some kind of way to amortize those expenses forward. Under the existing County Procurement Code, a negotiated extension on the existing contract would not be possible without completing a new competitive selection process. This Ordinance would, in narrowly defined circumstances such as this, provide the County Manager with the discretion to approve a proposal. The emergency nature arises from desire of staff to work to negotiate a beneficial and mutually acceptable agreement and complete potential improvements during the airport's closure this year between April 9, 2007 and June 7,2007. Commissioner Farris moved to approve the Ordinance. Commissioner Richards seconded the motion. Questions asked by the board were answered to their satisfaction by Mr. Elwood. County Manager, Hilary Fletcher, informed the Chairman that the motion should show a confirmatory reading and public hearing date. Commissioner Farris and Commissioner Richards amended their motion and second, respectively, by adding that the confirmatory reading and public hearing on this Emergency Ordinance would be April 25, 2007. Chairman Owsley called the question, as amended. Motion passed 5 to O. IT WAS ANNOUNCED AT THE BEGINNING OF TODAY'S MEETING THAT THE NEXT ITEM WOULD BE MOVED UP IN THE AGENDA DUE TO THE APPELLANT ATTORNEY'S TIME SCHEDULING ISSUE WITH THE TOWN OF MINTURN AS HE IS THEIR SPECIAL COUNSEL AND THEIR MEETING IS ALSO SCHEDULE TODAY. LAND USE ACTIONS: BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING MARCH 28, 2007 \~! APPEAL OF SECOND EXTENSION OF OWL CREEK MEADOWS LLC EARTHMOVING PERMIT - MOTION TO GRANT THE APPEAL STAFF: CINDY HOUBEN. COMMUNITY DEVELOPMENT DIRECTOR . Applicant: Owl Creek Meadows, LLC . Appellants: Susan Crown and William Kunkler (adjacent neighbors) The Appellants' three basic assertions are as follows: 1 That the earthmoving permit extension was made outside of the IBC and Community Development policy. 2 That the earthmoving permit had expired by the time the extension had been granted. 3 That there was no written request for the extension. Cindy Houben gave her presentation to the board on the appellants' assertions and staffs responses to those assertions. Staff response to the above assertions was: 1 Earth moving and access permits are not required by building code and are not therefore regulated by the building code. Sections R105.3.2. and R105.5 of the building code adoptions concerning the time of limitation of applications do not apply to land use permits. 2 The permit was initially issued on January 12, 2006 through July 12,2006 (an error on the permit said June 12, 2006). The first extension was for July 12 - January 12, 2006 (the mistake carried through and the permit read Dec. 12,2006). Applicants requested an extension in December of 2006 but were verbally told no. Shortly after that a Nordic Council representative who was concerned about losing the trail alignment for the remainder of the winter season called the Planning Office. The staff person handling that application left on vacation and the issue was left to the Community Development Director to resolve. At that time, she requested the dates of expiration and was told January 12, 2007. The appellant is correct that the permit said December 12, 2007 (indicating only a 5-month extension). As far as we can tell there would have not been any reason forthe December 12 date and assumed it was a mistake. 3 It is true there was never a written request for extension. As far as BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING MARCH 28, 2007 \~ staff can determine, they have never required a written request for the extension of an earthmoving permit. Staff contends that the extension of the earthmoving permit was allowed for the greater public good (winter trail alignment) and that there were no code requirements prohibiting the action by the Community Development Director. Ms. Houben did state that the County website does show that Community Development does need a written request for extensions, but she said that relates more to the building code and the building permits and not necessarily to the access and earthmoving permits. Ms. Houben added that in common practice they have not always required a written extension. She said that they try to work with the applicant with a building permit and typically an earthmoving permit does go along with a building permit and they try to make those work concurrently. Staff recommends denial of this appeal. Several of the Commissioners had questions of Ms. Houben and Zoning Officer, Joanna Schaffner. Art Ferguson, representing the appellants Susan Crown and William Kunkler, proceeded with his presentation to the board as outlined in his March 21, 2007 letter to Cindy Houben. Said letter can be found in today's meeting packet and clarifies the basis for the appeal along with a summary of the history of the subject earthmoving permit. Mr. Ferguson said that the simple question before the Commissioners is whether or not Community Development had the authority under the Land Use Code and the IBC (International Building Code) to extend an earthmoving permit issued January 12, 2006 for a 2nd six-month period for a total of eighteen-months. Rick Knezevich, counsel for the owners, Owl Creek Meadows, LLC gave his presentation to the board. His letter to the Commissioners dated March 22, 2007 details the history of this earthmoving permit. Said letter can be found in today's meeting packet material. The board had several questions for staff and for the attorneys. Commissioner Richards asked Lance Clarke, Assistant Director of Community Development if this appeal were denied, what difference there would be with this permit using the new Land Use Code as opposed to the old Land Use Code. Mr. Clarke responded by saying that the new Code is very clear that in order to do earthmoving of this nature, an activity envelope would need to be established. BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING MARCH 28, 2007 \~ And, because this is on Owl Creek Road, it would go through a scenic review as well. Commissioner Hatfield moved to enter Executive Session at 2:04 PM. Commissioner Farris seconded the motion. Motion passed 5 to O. The board returned from Executive Session and reconvened the meeting at 2:20 PM. Commissioner Hatfield asked Lance Clarke if we, the County, have given out first extensions without a written request. Mr. Clarke responded with yes. Commissioner Hatfield then asked Mr. Clarke if we have ever given out a second extension? Mr. Clarke clarified that Commissioner Hatfield meant an extension beyond 12- months, to which he replied not to his knowledge. Based upon the information received, Commissioner Farris moved to grant the appeal of the second extension of the Owl Creek Meadows, LLC earthmoving permit. Commissioner Kay-Clapper seconded the motion. Commissioner Hatfield stated his reasons for not being able to vote aye on this item. He said that he very much respects Mr. Ferguson and he thinks he has done a very good job as an attorney, but has not, in fact, proved the case. He said that the board has not adopted the elements of the IBC relative to excavation, etc. Chairman Owsley said that what we have here is essentially a neighborhood dispute that is coming to the board. Quite frankly, he added, the only good that it does is point out some ambiguity within our permitting process. He is in support of the applicant and their desire to do a community good by delaying the process so that the Nordic trail could proceed unhindered throughout the winter. Chairman Owsley called the question. Motion granting the appeal passed 3 to 2 with Commissioner Hatfield and Chairman Owsley voting nay. LAND USE PUBLIC HEARINGS: READING AND PUBLIC HEARING ON RESOLUTION DENYING AN AMENDMENT TO THE CHAPARRAL ASPEN SETTLEMENT AGREEMENT WITH REGARD TO SCORING OF GMQS APPLICATIONS FOR REMOTE PARCELS 6. 7 & 8 - MOTION TO DENY AN AMENDMENT STAFF: SUZANNE WOLFF - SENIOR PLANNER BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING MARCH 28, 2007 \~ . Applicant: Woody Creek Ventures, LLC (John Sarpa, Representative) . Applicant's Representative: Mike Hoffman . Summary of Request: The Applicant has requested to amend the Settlement Agreement, as amended by Resolution No. 059-2004. This Resolution allowed the Applicant to seek approval for three additional rural and remote cabins, and states, "The Applicant must obtain development rights and all applicable approvals, including 1041 review, for the three cabins". The Applicant requests that in scoring the request for growth management allotments for the three additional cabin sites, the Planning Commission be directed to consider the Remote Parcel as a whole (rather than each individual 35-acre parcel) and the benefits provided to the County on the Main Ranch and Remote Parcels as part of the 2005 Settlement Agreement amendment. Suzanne Wolff proceeded with her presentation on this item including the background history up to this point in time. Ms. Wolff said that the applicant has arguments about how this fits in as part of the Settlement Agreement and what was agreed to and who got what out of that Settlement Agreement. But, under the Code staff does not feel that it is appropriate to amend the Settlement Agreement as it's not consistent with the way they would be scored under the Code. Therefore, staff does not support the applicant's request for that amendment of the Settlement Agreement. John Sarpa and E. Michael Hoffman proceeded with their presentation as outlined in 1:;. Michael Hoffman's letter to the board dated January 23,2007. Said letter can be located in today's meeting packet material. Commissioner Richards wanted to declare for the record that several months ago she received a phone call from John Sarpa to tell her that it might be helpful to ask Mick Ireland for the history of this which she never had an opportunity to do. The board had several clarification questions of the applicant and staff that were answered to their satisfaction. Commissioner Farris moved that the entire plan needs to be looked at as GMQS is reviewed. To help clarify she stated that her motion is to look at the whole thing, not the 45.acre, but look at the whole proposal in the discussion of the GMQS. Commissioner Hatfield seconded the motion. NOTE: Commissioner Kay-Clapper asked which Code applies to this decision. She clarified Lance Clarke's response by saying that the BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING MARCH 28, 2007 \~ Settlement Agreement will have to be amended in order to allow the applicant to use the whole thing. Chairman Owsley opened the hearing to public comment. Jocelyn Wood is the attorney representing the Chaparral Aspen Homeowner's Association and was appearing at this meeting as their representative with respect to the applicant amending the Settlement Agreement. She said that amending this agreement impacts more than the development and the SOCC. It has implications to all of the purchasers who bought property on the lower level when this was entered into and who basically agreed to it at that point in time as well as implications to subsequent purchasers who have relied on this document. Ms. Wood said that the owners of Parcels 1 through 10 free market section (with Parcel 1 split into two) are not prepared to address the benefits of dealing with the GMQS process as a 35+ versus 350-acre parcel. They basically object to amending it to make this an easy process for the developer. There are in existence already three cabin sites and three 1 OOO-square foot cabins can be built. The Settlement Agreement basically states, she added, that the Ranch Manager and the HOA board will manage the use and occupancy and man the gate and run the gate, etc. One of those three cabins has been constructed. Two of those cabins are yet to be constructed. Now, she said, the developer is coming in asking for an additional three sites which the HOA feels at this point in time should be left to GMQS system and if that is what the planning department decides is okay, she said, then that is okay with the HOA as well. Another thing Ms. Wood was asked to point out by the HOA was the Affordable Housing component. Those seven - 4 duplex units and 3-single family homes on the bench - were a part of the Chaparral Aspen approval process. There was another unit that was to be developed by the developer and a number of extensions have been granted on that unit and that unit is called the Ranch Manager's (RM) unit. The Ranch Manager's unit, as shown in paragraph 5 of the Settlement Agreement in 2004, states that the deadline for construction of that RM unit on the common parcel - which is not down on the bench but rather up where the barn and equestrian facilities are located - is hereby extended to December 31, 2004, subject to continued provision of on-site housing for the manager in the "older cabins" on Homestead 1 until the CO is issued for the new unit. The older cabin on Homestead 1 is an historic cabin that is still in existence. However, in June 2005 the developer sold that homestead and, as such, the right to have occupancy by the ranch manager of that unit. She pointed out that Administrative Decision 12-2006 issued in February 2006 extended, yet again, the developer's obligation to construct this unit. The deadline was June 30, 2007. It also states in there "subject to continued provision of on-site housing for the manager in the older cabin on Homestead 1. They didn't own it then, she said. And, they are not providing the "8th.. required BOARD OF COUNTY COMMISSIONERS II REGULAR MEETING MARCH 28, 2007 \% unit at this point in time. She would defer any decision on any further approvalp until such time as they're compliant with the Settlement Agreement. The Ranch Manager, she added, is occupying one of the 7 units. But, she reiterated, they were required to construct 8 units or have 8 units. Ms. Wood's comments prompted additional discussion among the board, staff, applicant and the County Attorney. Commissioner Farris asked if the issue before the board is not amending this approval but whether or not the Settlement Agreement should include a consideration of the total property rather than the 35-acres? We don't have to amend the Settlement Agreement in order to direct staff to consider the whole agreement, do we, she asked? John Ely, County Attorney, responded by saying that because the application of Code criteria to the request for development for the growth management process produced a result where these three sites did not meet threshold and could not be awarded growth management. And it is easily seen that that result will happen again and again if not one of two things happen. Either the application changes, he said, - what has been discussed is a change in square footage associated with these three sites. Or, the way the application is treated, either that the application is required at all or the way that the application is scored. So, you need to amend the Settlement Agreement, which is what the request is here, to allow for a different type of scoring, to allow for a consideration of an entire original ranch parcel as opposed to the 35-acre parcel that is being considered through the growth management scoring process. That is what your motion is, he stated to Commissioner Farris. Mr. Ely added that it most definitely does not address why there is a shortage of Affordable Housing. Commissioner Hatfield was wondering if this was really an amendment to the Settlement Agreement or if, in fact, what is being asked of the board is to have the interpretation of staff be consistent with the way this was applied before. To him, this is not amending the Settlement Agreement. Mr. Ely answered Commissioner Hatfield yes, that is the most effective way to accomplish what the applicant is requesting. They are requesting a change in the methodology for generating a growth management score. Mr. Ely spoke to a previous application which was for one of the other cabins. John Sarpa responded to the comments made by Ms. Wood on behalf of the HOA. He said that he has never met Ms. Wood and was very surprised by this exchange here today. He said obviously that is not the way he does business. He said that it was unfortunate that the HOA chose to show up here in public as opposed to contacting him. He thinks it is a moot point. He said that the issue here today is this matter. He said he is not out of compliance nor will he ever be BOARD OF COUNTY COMMISSIONERS 12 REGULAR MEETING MARCH 28, 2007 \~ i on the Affordable Housing requirements. He said that the issues brought up by Ms. Wood will be resolved but they are not a part of this meeting. Lance Clarke remarked on the statement that the applicant made that they are in compliance. Mr. Clarke said that technically they are not in compliance because it does say that the Ranch Manager will be housed in the old cabin on Homestead One. He added that the Ranch Manager is housed, but not according to the approval. Commissioner Kay-Clapper asked the board if they thought this item should be taken off the table as the applicant was out of compliance. In the past, the board would dismiss an item if it were found to be out of compliance during the hearing. She was just putting this idea out there for the board to consider. Chairman Owsley reminded everyone that these are ALLEGATIONS ONLY and that staff has not issued a red tag or non-compliance statement. He, for one, did not feel the item should be dismissed but he thought that it may amount to a warning. Lance Clarke said that they have not been red-tagged but the applicant has acknowledged that they are not in compliance so that's all he's saying. Mr. Sarpa said that all he said was the Ranch Manager was not living in that house. Commissioner Richards asked the applicant if it is under construction or if he has applied for the building permit for the Ranch Manager's house? Mr. Sarpa responded that he doesn't know the answer to that question. Mr. Hoffman added that the Ranch Manager is housed in one of the employee housing units on-site and the applicant is making every effort to complete construction within the time that it either currently exists under their approval or if they seek an extension, no longer than the end of the year. Ms. Wood read the following into the record. In Administrative Decision 12-2006 the Director does hereby approve an extension of the deadline to construct the Ranch Manager's unit to June 30, 2007, subject to continued provision of on-site housing for the manager in the old cabin on Homestead One until the CO is issued for the new unit. Ms. Wood added that the Ranch Manager is now occupying one of the units intended for the general public employee. Chairman Owsley asked if there was a motion to continue this item. There was none. BOARD OF COUNTY COMMISSIONERS 13 REGULAR MEETING MARCH 28, 2007 }a Janet Schoberlein is a member of the Woody Creek Caucus. She said that she understood that the Caucus approved one wilderness cabin before the Settlement Agreement was made and that the community has never been consulted again. She said that the Commissioners made an agreement for three cabins and so the whole process over the years is a little bit burdensome for the public as they have to keep coming back again and again. She questions whether a wilderness cabin would be as large as 1000 square feet and now the applicant keeps coming back and wanting to enlarge these cabins to the point where they would be wilderness residences. They don't even seem like cabins anymore, she said. Ms. Schoberlein continued by saying that if there is going to be any enlargement the Commissioners should consult the community which they routinely do except with this matter there was a settlement of a lawsuit and why the board would amend a lawsuit settlement five or six years later is rather a question. She does think that the community does need to be consulted. Mr. Sarpa said, for the record, that he met with the Woody Creek Caucus a number of times about these three cabins. Chairman Owsley closed the public hearing and called the question. The motion to allow an amendment to the Settlement Agreement was called. Motion denied 3 to 2 with Commissioner Richards, Commissioner Owsley and Commissioner Kay-Clapper voting nay and Commissioner Farris and Commissioner Hatfield voting yea. The motion to amend fails. AS THERE WERE MANY RESIDENTS OF WOODY CREEK SUBDIVISION PRESENT AND THE APPLICANTS FOR ELAM WERE PRESENT, IT WAS DECIDED AMONG THE BOARD TO MOVE BOTH THOSE ITEMS UP IN THE AGENDA BEFORE THE ASPEN/PITKIN COUNTY AIRPORT ITEM READING AND PUBLIC HEARING ON RESOLUTION APPROVING A MINOR AMENDMENT TO A DEVELOPMENT PERMIT TO ELIMINATE THE CONDITION REQUIRING FIRE SPRINKLER SYSTEMS FOR NEW UNITS IN THE WOODY CREEK SUBDIVISION - MOTION TO APPROVE STAFF: EZRA LOUTH IS. STAFF PLANNER . Applicant: Pitkin County . Summary of Request: The Applicant is requesting to amend the Woody Creek Subdivision Detailed Submission and Final Plat a'pproval (as well as the PUD Guide), to eliminate the Condition requiring that all new units within the Subdivision be fitted with fire sprinkler systems. BOARD OF COUNTY COMMISSIONERS 14 REGULAR MEETING MARCH 28, 2007 ~\ The following two exhibits were submitted for this item. The first is a March 21, 2007 letter from the Board of Directors of the Woody Creek HOA signed by Hilary Burgess to the BOCC. The second.is a letter from Peg O'Brien, a Woody Creek Park resident to the BOCC dated March 28, 2007. Both letters are asking for the rescinding of the fire sprinkler requirement and can be found in the additional exhibits at the end of today's meeting packet material. Ezra Louthis proceeded with his presentation as mirrored in his staff memorandum. Commissioner Kay-Clapper suggested that a note be put on the plat for the Woody Creek Subdivision regarding the recommendation of fire sprinklers. STAFF DIRECTION: A note will be placed on the plat for Woody Creek Subdivision with regard to the fire sprinklers that although not required, ' they are strongly recommended. Commissioner Farris moved to accept staff recommendation and approve the Resolution approving a minor amendment to a development permit to eliminate the condition requiring fire sprinkler systems for new units in the Woody Creek Subdivision. Commissioner Kay-Clapper seconded the motion. Ed Van Walraven, Aspen Fire Marshal, said that he did not come to the meeting to argue but did want to be on the record as an individual in the fire service that he disagrees with the amendment to remove the fire sprinkler requirement. Chairman Owsley opened the hearing to public comment. Julia Penny submitted a list of homeowners in the Woody Creek Trailer Park that do not approve of the mandatory installation of the fire sprinkler system in the individual homes. Said list can be located in additional exhibits at the end of today's meeting packet material. Chairman Owsley called the question to eliminate the condition requiring fire sprinkler systems for new units in the Woody Creek Subdivision. Motion passed 5 to O. Chairman Owsley closed the public hearing. READING AND PUBLIC HEARING ON RESOLUTION GRANTING ANNUAL REVIEW APPROVAL TO THE ELAM GRAVEL PIT SPECIAL REVIEW PERMIT - MOTION TO APPROVE STAFF: LANCE CLARKE. ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT BOARD OF COUNTY COMMISSIONERS 15 REGULAR MEETING MARCH 28, 2007 ~'}- . Applicant: Elam Construction, Incorporated . Applicant's Representative: John Elam · Summary of Request: On October 11, 2006, the Board of County Commissioners approved an expansion and a 20-year extension of the Special Use Permit for the Elam Construction Sand and Gravel Pit and AsphalUHot Mix/Concrete Plan. As a condition of this permit, the County required an annual public hearing for the operator to demonstrate compliance with the conditions of the permit, for the County to require corrective measures or to.impose new conditions, and to provide an opportunity for citizen comment on the operations. Lance Clarke proceeded with the presentation as outlined in his staff memorandum. Staff recommendation is to accept the Elam annual report for 2006 operations subject to the Resolution. Commissioner Farris moved to approve the Resolution. Commissioner Hatfield seconded the motion. John Elam and Gayle Lyman were both present to represent Elam. It was brought to the applicant's attention that there are still complaints regarding the jake brakes on the trucks. Mr. Lyman said that they will continue to keep the truck drivers informed and updated on the jake brake complaints. Chairman Owsley opened the hearing to public comment. Toni Kronberg had several questions with regard to the Smith Way intersection and on some monies pegged by COOT. Ms. Kronberg was informed that unfortunately these issues were not relevant to this item. Hilary Fletcher, County Manager, informed Ms. Kronberg of some upcoming work sessions regarding the Smith Hill intersection. Chairman Owsley closed the public hearing. Chairman Owsley called the question to approve. Motion passed 5 to O. READING AND PUBLIC HEARING ON RESOLUTION APPROVING AMENDMENTS TO THE ASPEN/PITKIN COUNTY AIRPORT PUB (PUBLIC) MASTER PLAN AND SITE PLAN REVIEW FOR LANDFORMS AT THE SOUTH END OF THE AIRPORT AND EXTERIOR SIGNAGE - MOTION TO BOARD OF COUNTY COMMISSIONERS 16 REGULAR MEETING MARCH 28, 2007 ~ APPROVE TWO SEPARATE RESOLUTIONS INSTEAD OF ONE - ONE FOR LANDFORMS. AS AMENDED. AND ONE FOR SIGNAGE STAFF: SUZANNE WOLFF. SENIOR PLANNER . Applicant: Aspen/Pitkin County Airport . Applicant's Representative: Also present: :rim Malloy P. Scott Cary, Engineer/Surveyor with Carter Burgess . Summary of Request: The Applicant is requesting to amend the 2004 Aspen/Pitkin County Airport Master Plan and to obtain Site Plan approval to construct landforms on the south end of the airport as part of the Runway Rehabilitation and Object Free Area (OFA) Improvements project. The Master Plan granted approval for the Runway Rehabilitation and OFA cleanup projects, however, the Master Plan did not specify how much earth would be moved as a result of these projects. Engineering analysis indicates that approximately 90,000 cubic yards (CY) of earth will be moved. The Applicant proposes to use approximately 65,000 CY to construct one of two proposed landforms (the "Primary Landform"). Additional capacity for the Primary Landform (approximately 20,000 CY additional) and the entire Secondary Landform is requested to accommodate future airport projects and to provide the potential for additional visual screening and noise attenuation along the south end of the airport. A detailed description of the landforms if provided on pages 3- 10 of the application. In addition, the Applicant proposed to amend the Master Plan to incorporate the Design Intent and Specifications for Exterior Signage. The Applicant intends to replace the existing signs at the airport to present a uniform appearance and enhance the airport user's experience. Other issues: Owl Creek Trail - will be temporarily relocated into the west side of the primary landform and will have a compacted earth surface until the issue of the potential runway extension is resolved. The applicant has been working with Open Space and Trails to minimize the impacts to the trail. Buttermilk Metropolitan District - they are concerned with heavy truck traffic adjacent to their wells. They are also requesting that access to those wells and pump house be provided from the south around the primary landform, rather than across an airport secure area. Lance Clarke proceeded with Ms. Wolff's presentation in her absence. BOARD OF COUNTY COMMISSIONERS 17 REGULAR MEETING MARCH 28, 2007 }~ Questions were asked by the Commissioners and answered to their satisfaction by staff. Commissioner Hatfield said that he thinks it is way too large. He is not able to figure out - - because we haven't done our utility study on the 82 corridor where this dirt might go. He said that he thinks it is just horrendous to put two 22-foot landforms contrary to everything they've talked about. A discussion ensued with regard to the re-vegetation. Chairman Owsley had some requests regarding the restoration. His requests can be seen in the Staff Direction. STAFF DIRECTION: Chairman Owsley would like to go beyond grass and wildflowers on the restoration. He would like to see an effort on the part of the airport to put in native vegetation in a meaningful way. He would like plants that are unique to this part of the United States. Commissioner Farris said that she would like the airport to work as closely as possible with CSU on the re-vegetation. A discussion developed on the Aspen Skiing Corporation not being an adjacent neighbor. The board would like them to be noticed and included in any future noticing during this construction as they are a close neighbor. STAFF DIRECTION: Notify the Aspen Skiing Corporation even though not adjacent to the airport. Commissioner Hatfield questioned Tim Malloy with regard to the secondary landform encroaching into the buffer. He wants to make sure that we are treating the public sector just like we would treat the private sector. After Mr. Malloy's response, Lance Clarke informed Commissioner Hatfield that 'he could not answer that question as to why on the earthmoving permit we allowed an encroachment into the 25-foot buffer. He said that this is probably the first instance that anyone has requested anything next to an isolated wetland. Mr. Malloy reiterated that they would be adding some additional earth in that area and then seeding it back with grass. Jim Elwood responded that it was never their intention not to be in complete compliance with the Code as written. So, if agreeable to the board they will work with staff and should that definition be quantified and they have to re-sculpt the proposed secondary berm, they will do so once they get better clarification of exactly what needs of that buffer are supposed to be. BOARD OF COUNTY COMMISSIONERS 18 REGULAR MEETING MARCH 28, 2007 1}-S . Chairman Owsley opened the hearing to public comment. Toni Kronberg made the following observations and comments. One, she likes the look of the landforms and considers them a community benefit with regard to helping cut down on noise pollution. Two, she questioned an alignment on the Owl Creek Trail. She was informed by Chairman Owsley that.she would have to contact Open Space and Trails on that particular question. Chairman Owsley closed public comment. STAFF DIRECTION: Commissioner Farris would like some type of monitoring to measure the levels of noise pollution as the berms are created. Commissioner Farris moved to approve the Resolution approving amendments to the Aspen/Pitkin County Airport PUB (public) Master Plan and Site Plan Review for landforms at the south end of the airport and exterior signage. Commissioner Kay-Clapper seconded the motion. NOTE: It was discussed and decided to separate this Resolution into two Resolutions. One Resolution will be for the landforms and one Resolution will be for the signage. Tim Malloy had just two issues to discuss with the board. The first is with condition number 4 on the draft Resolution that deals with fencing the construction perimeter and that it should be removed at CO. As no one will be occupying the berms he would like to tie that to condition number 8. He doesn't want any soil going into the wetlands. So leave them up until the ~egetation takes. Chairman Owsley added the words "leave them up and maintain". His second request was with regard to condition number 3.F. He said that the Open Space and Trails do not have a right of way on this trail. Therefore, he would like the words "obtain approval from" to be changed to "coordinate with Open Space and Trails". Staff agreed with these changes and Commissioner Farris and Commissioner Kay-Clapper accepted the amendments as part of their motion and second, respectively. Chairman Owsley called the question on the Resolution on landforms, as amended. Motion passed 4 to 1 with Commissioner Hatfield voting nay as he said that he thinks the berms are too large. BOARD OF COUNTY COMMISSIONERS 19 REGULAR MEETING MARCH 28, 2007 t~ " _,~_...,",'__"_"_"V~_"~~"_________"''''_'''''''''''''"_~''__'. Commissioner Farris made a new motion to approve the Resolution of the to be prepared Resolution on the signage at the airport. Commissioner Richards seconded the motion. Motion passed 5 to O. BOCC OPEN DISCUSSION: Neither board nor staff had any discussion items. ADJOURNMENT: Commissioner Kay-Clapper moved to adjourn the regular meeting at 5:10 PM. Commissioner Richards seconded the motion. Motion passed 5 to O. BOARD OF COUNTY COMMISSIONERS 20 REGULAR MEETING MARCH 28, 2007 f\- f) I