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HomeMy WebLinkAboutbocc.min.reg.03141977 I;��::�:�.:':1:.....� . i(' � 1 �� , ��� .�y,� " �, •:1,.. - ,(,b�y:,�,.ti_C' X .:IL,"�, "...�:', ir"" �,���1. .xs�fWw ��' RkC+. � A G E N D A j � BOARD OF COUNTY COI4ffSSI0NERS � � ' March 14, 1977 � � NOON LUNCHEON MEETING - EXECUTIVE SESSION - Nick McGrath �Pinocctlios): � ; 1:00 p.m. Conference with the State Highway Department � 1:45 p.m. Air Pollution Regulation - Sandy Stuller & Tom Dunlop � s 2:15 p.m. RESOLUTION: Elected Official Salaries - George Ochs � RESOLUTION: Staley Acquisition - Brian Goodheim RESOLUTION: Maroon Bells Bus Application - Karen Smith i ` RESOLUTION: Authorizing Employment (temporary) of Assistant � to D.A.'s Office - Sandy Stuller RESOLUTZON: Aspen Valley Aospital District - J..D. Muller � A-95 REVIEWS: Colorado Mineral Leasing Review � R.S.V.P. � . Aspen Energy Forum �; Coimnunity Energy and Resource Development General Project Environmental Education � 2:30 p.m. Continuance of Pu51ic Hearing regarding R.S. 30 and R.S. 20 ,�q' P.U.D. Rezoning - Hal Clark � 3:40 p.m. Wilke/Graf Final Plat Subdivision - Hal Clark � `� -' 3:SO p.m. SPECIAL REVIEW: Stein Mini-Warehouse - Hal Clark • � - � gP�=,.�-:.;, - - �.,{f �, -},�blen( � 4i 4--..�. . ��/¢a/ � b. 4:30 p.m. Incorporation of Snowmass - Snowmass Homeowners Association � :�' . JOINT MEETING `- �� • . q 5:00 p.m. Transportation Report - Sandy Knaub '� 5:10 p.m. Sheriff/A.P.D. Merger - George Ochs � [.� . ' S:30 p.m. Community Facilities Board - John Stanford and Edgar Stern 1� 5:45 p.m. Depart for downvalley , .�e i� 6:15 p.m. Dinner aE the Fryingpan�-Inn in Basalt �� -� 7:30 p.m. PUBLIC HEARING: MID-CONTINENT COAL - Redstone Znn 'rs "ti . � � �. . i�a. ia`. t:y 4 � ......"_ _. ..__ � �y.��a �� . . "ii'�?u"L.`��M,,�'.,-J,'�,, ��F;v.P.fx:'n��`^'}r��,.¢;r�P:`.,r.�.,.�E�-s"l�o�,tHi't1ri.74:.'Ee�4Cv�-�.�.'„t{s[�"�"y'�,�;�� _ . . . . . . . . � . ,:i,, ,:S � � . . � . - . ; .m�ti:"u'` - r ,s��c, , _ ._i::`="�EF. ..-}1 s���':ysr�_r r-�,.:,.':-:�..w".1k���'_iusr 1.^�t!`t.,,' r r�:-.t%a:. "�i.+�v�,�.�:!� �' ' �,(Z i; c.+..:� ..Wa.` `�y�t y�,, �"�:��- � ; PITKIN COUNTY � r $OARD OF COMMISSIONERS I KeRUlar Meeting March 14 1977 f i PRESENT: Chairman_Michael Kinsley, Bob Child, Joseph E. Edwards, Jr. � , 1 i Highway Dick Procense, of the State Highway Department, made a presentation on improve- ; " Department ° report ments to Highway 82. At this point he is attempting to divert $1,000,000, which ? on � Hwy, g2 was earmarked for purchase of rightrof-way, to spot improvements on Highway 82. 1 i Procense favors the idea of the Highway Department working with a group of people ;; 3 from Pitkin County to decide priorities for these improvements. A member of the j e Highway Depaztment is reviewing an accident log to determine where the highest i � accident rates occur. He felt that resurfacing and widening from the end of the � four-lane to the Eagle-Pitkin County line, resurfacing shoulders in the area between � Snowmass Can on and As en erectin `� Y p , g guard-rails in certain sections and improvement a 3 of the Catherine store intersection would be of highest priority, although he feels that guard-rails are of dubious value since they may cause a car to ricochet and 2 involve other cars in the accident, thus increasing the severity of the/�a� dent t WI?.t�fAW C'4� ��;; and the number of cars involved. Kinsley asked about installingndividers n6��9�'°'e of the most dangerous curves. Procense did not consider this feasible because it ` made plowing difficult and created problems for wreckers and ambulances arriving � at the scene oP an accident. Kinsley felt these drawbacks were mitigated by avoid- i� ing the possibility of head-on collisions. Procense explained why they were hav- ;i ing such difficulty ohtaining funds: the program has been reduced by one-third from earlier years due to inflation and leveled-off revenues. He distributed copies i of a bill being introduced into the legislature calling for a 2� gas tax: 60% of = , 3 which would go to the State Highway Department and 40% of which would go directly � to cities and counties. The Carbondale East environmental impact statement is � � being held until completion of the UMTA grant study; it would then be sent to � Washington for a 4-F statement. The 4-F statement would be necessary because there is a historic house in Carbondale that would have to be moved, and because open � '� space lands in Pitkin County are involved. It is possible that a 6-F statement I will be required if the highway crosses Bureau of Recreation-funded bike paths. The decision for diverting $1,000,000 would have to come from the State Highway Division; he expected thts to be discussed at their meeting on the third Thursday ; in April. He fe1C that a letter from Pitk3n County would be appropriate. j � i . Commissioners Meeting March 14, 1977 - 1 � t k� ` .� _ __ _ _.. . �.��,. f; . � ; , � � . _j`7 A'...f ' � . - � . .... ,_ . . ... .. � . .._:,,_ � .......:,, ,,..,I'.y...-.-� .a, ...I ...+.__e�.�'xs�:_.i_L3��.`G.`c�.- '�.�4..�'�-'�' '��i .,.Y..__ ..........__ �.�e...i..c— —. i i 1..� T4Y��f:�)'i�'�. ��-kt';'��7..': . i;� The group then discussed improvements .to Main Street which will be done in the i summer, 1977. The Highway Department will need a hot-mix plant site in Pitkin { County. Procense requested that the Co�issioners help him find this site. The 2-19 program was discussed including the Hunter Creek, Woody Creek, Fmma and f Redstone bridges: widening, new guard rails and approaches. The construction will + be completed this summer. $58,000 has been budgeted but it may cost more than that; t 4 this can be covered by eliminating work on one bridge or increasing the local j allotment. The funding is presently $43,000 federal and $15,000 local. � Procense discussed the Gastle-Maroon Creek intersection. The hospital has request- r •; ed that a traffic light be installed there. Procense asked the Co�issioners if they ; want a light at the intersection and noted that it takes six to nine months to get a traffic light. He suggested that an emergency control could be used by the ambulance drivers; this would have to be paid for by the County or the hospital 'r district. The Commissioners did not make a decision at this time; they feel that ,_? the traffic light may only be used for a few years and questioned whether it would '-t ,' K be worth installing for a short period. Jeff Davis, the County Engineer, asked about funds allotted for safety changes along McLain Road. $113,000 was allotted; these funds lapse as of June 30, 1978. There was a difference of opinion about what these funds were allocated for. Davis asked if the funds could be transferred to provide a 15' easement for a turn-out to the State Highway Department's garage at the Airport Business Center. Procense felt this would be possible but that approval must come from Colorado Counties, Inc. � - e and the new project must involve a "safety demonstration" program. � t ---------- ' u s Air Sandy Stuller, the County Attorney, and the City and County Sanitarians, Tom E Pollution ' Regu- Dunlop and Bob Nelson, discussed air pollution regulations. They suggest that � lations local regulations are not needed to address point source regulation of air pollution other than fireplace, grill, incinerators and auto emissions, because iE is regulat- ed by the State. However, there is no adequate regulation for complex sources of � ,,, pollution, such as activities which atcract large numbers of automobiles, but the _ Sanitarians did not feel that they are qualified to handle this right now. They ' i noted that Aspen, Vail and Steamboat are processing an EPA grant to establish a € L model for these kinds of regulations. They felt the County should address this ? problem when the model is completed. The sanitariana felt it was appropriate to 7 � establish a3r-quality standards for Pitkin County, set up emergency alert procedures � and umend the building code to limit the number and tyFes of fireplaces buiZt in # 3 i5A. i Commissioners Meeting March 14, 1977 - 2 � i , � i; . � , � ,,: i•�� 5��� . . . . � . . . . .. - .,... . , . . . �._.�..:.u.1.a`. �... ����.� .... i�..F �.'i."_..�u.'-...�.Y.��1..�J41�:i.'�'-l.�.cuX�.'�i_':Sis' _ '' ...._. r--�..����.���•.1 , p P�t,c�� i��3 ,J; ��,.,.�;.: .:���,t,;;-� the future; they presented a resolution addressing these concerns. 3 The Commissioners asked if the State is actually policing their regulations and whether the County should have additional regulations to cover the areas already covered by State regulations. Nelson felt it was unnecessary to have another set of regulations. Davis felt that County regulations were necessary to insure that i these areas were covered if the State does not adequately police their regulations; he felt that presently the State is policing air pollution and that they have done a good �ob at Mid-Continent. Edwards proposed that the County require compliance on non-�onforming uses within two years since this is an area not covered by State regulations. Stuller felt that there may be legal implications with this and said she would investigate the matter. The two-year EPA study requires that each co�nunity involved estimate their costs. Dunlop felt the money is practically assured for the study. Davis suggested that regulations be adopted now and updated in two years based on the study results. Ae also felt that fireplaces should be controlled now and vehicle testing should be done. Dunlop discussed the problem of auto inspections for emissions. He has = iS talked to State Senator Dick Soash who reported that there is a bill in the legis- lature to require auto emission inspections in certain eastern slope counties but that Soash did not want to include Pitkin County because of the lack of a good data base here. He felt that, if Pitkin County were included in this bill, it � . would defeat the bill for the eastern slope counties. Kinsley asked about the data we presently have; Davis replied that this does not separate cars from other �; point source emissions. " � Kinsley asked about the legal requirements for the resolution presented. Stuller ; i: � replied that it must be published five times and then a public hearing must be held. � , She noted that it may be necessary to repeal the air.pollution regulations adopted � � 2 in 1970. It was decided that an abatement procedure should be included in the � j resolution for uses existing before the State regulations went into effect. On a � motion from Kinsl�y and a second by Child the Commissioners moved to hold a public j f hearing on the amended resolution on May 9th, with the time to be set by the � Co�nissioner's secretary. The motion passed unanimously. � 3 � �:? ---------- � f Elected A resolution to the State Legislature with proposed salaries for elected officials � Officials � Salary was presented. The County Clerk noted that there were certain mistakes in the data Res. ' mentioned in the resolution. On a motion from Kinsley and a second by Child the � Co�i.ssioners unanimously voted to approve the resolution after the corrections i proposed by the County Clerk had been made. i l ---------- � Commissioners Meeting March 14, 1977 - 3 I f i� . _ . . , . _ . . . . . . . . . . . . . . . . . .' � . . ^.,,.� � .�-�_ �,' S ' Y i j � iy w e.tk'v . . . ' . .. . . . . . . . -- ... . , � .�. ._t; '.' .-� ^ .' " ;� . .. ..z..,.;. .... . -"e,°m.ossi�.:1�3. . ��.��_ .,.�.� -� ., � - �._...�..i....�...b =�'• �-.-�.'�:%':�:.:. ' � ' ''.u�i �"'i. . ,.. . . � t�y��, �:_tiveyr �ti.:.. . '�'���_.. ax�:, Owl Creek A contract with U.S.G.S. Por stream-gauging on Owl Creek was presented. Mitchell Stream Gauging had agreed to pay the County's portion ($1450.00) of this. On a motion from Kinsley 1 and a second by Child the Commissioners unanimously moved to authorize the Chairman to sign this contract as soon as Mitchell has confirmed his agreement to compensate � � the County for $1450.00. j 6 S.. . . �_________ t Staley Brian Goodheim, the County Housing Administrator, presented the Staley property 4 s Property ' Acquisi- acquisition resolution. He noted that it would be necessary to apQrove the purchase � tion Res. 1 resolution and a subdivision exemption. There are three title defects which are � i � curable. Kinsley moved and Child seconded that the Chairman be authorized to sign ? the resolution when the defects have been resolved. The motion passed unanimously. � � They also signed the subdivision exemption on a motion from Child and a second by � Kinsley. The money for this acquisition will come from the Housing Administrative � Capital Projects budget. � ---------- � Maroon The Maroon Bells bus application to the U.S.F.S. was presented hy Karen Smith of � Bells Bus ��''r, Applica- the Planning Office. She noted that it is very similar to the proposal discussed � tion at the U.S.F.S. meeting in February. Strict criteria have been set up to lessen " � - the impacts on the businesses along the Maroon Creek Road and to allow evaluation N u during the trial period. On a motion from Child and a second by Edwards they unan- U; � imously moved to sign the special use application and the resolution as presented. � ii L' � �_�������_. . . '¢ � D.A.'s The next item on the agenda was an authorization by the Commissioners to employ = �. Office . � : Employment Robert Russell and Milton Blakely of the Colorado Springs District Attorney's office � for Bundy �� Case without compensation in the Pitkin County District Attorney's office; this will be : � � specifically for work on the Bundy case since the office is presently understaffed. ; [ The only expense will be that involved in travel and lodging accommodatioiis which � will come from the D.A.'s budget. On a motion from Edwards and a second by Kinsley � they unanimously approved this resolution. � _• ---------- �. A-95's: On a motion from Edwards and a second by Kinsley the Co�iss3oners unanimously � Aspen � Energy approved the three A-95's on the Aspen Energy Forum for 1977, the Community Energy � s Forum � and Resource Development and the General Project Environmental Education. These x are all from the Roaring Fork Resource Center. The only funding involved is $1,130 ; i which has already been budgeted for the energy forum. { �. ---------- � . � �Commissioners Meeting March 14, 1977 - 4 � , ;i __ . _ . . . ,' 't. AT i i � �i(.'j� 5 `�%�:'� . . . ' . _.�.,� :,.,_....�.� ��,4.,., ..,. �"-� a..��w�.+:sr � ::nr'+r. ,;�:: e*`'ri"kr.r v } :�, a t�;K �,< �['i.'fy . .�i_,...iS'uJ.u�.. - - v.'3.L.�.,..�.2 �-:��.LiJ..�" E'[`i�.-. 'i�:_-_ _4.. �r:; . .t�yu Y2,K.�{ {'tt1 j •�Xi°�;ii� '°r��w; � Public The Commissioners convened a continuation of the February 14th public hearing Hearing RS-20 & on the RS-30 and RS-20 PUD rezoning. The Planning Office presented a reaolution RS-30 PUD (cont.) for acceptance by the Commissioners regarding these zones; they have made certain changes in the Land Use Code intent section. They also submitted the P 6 Z res- � a olution approving the zone classifications. John Kelly was present to represent Mary Frank and read a letter in which she supported an RS-20 rather than an RS-30 '? 'i and RS-40 zone for the Capitol Creek valley. She also expressed concern about the � ,' lack of incentives for agrarian uses in the area. George Stranahan, Clyde Vagneur ° and Stanley Natal of the Woody Creek Caucus presented certain objections to the ' 4 5 zoning code. Bob Child noted that the difference hetween the RS-20 zone and the � RS-30 zone is 79 units in Woody Creek. He reminded the group that this public `,s "s hearing is supporting RS-20 for the Woody Creek area and RS-30 for the rest of the � a RS-160 lands except for those in Snowmass Village. Edwards expressed surprise ` � i about the animosity heard from the Woody Creek representatives since he felt that a this RS-20 zoning �or their area represented a compromise; he expected that they z would support it. The Woody Creek residents replied that they do support it but ir- consider this only a first step. They felt there should be additional incentives far `,� the major landowners to keep their land. � On a motion by Child and a second by Edwards the Commissioners moved that the � resolution as drafted by the Planning Of£ice which approves the RS-20 zoning for ; i. Woody Creek and the RS-30 zone for Sopris Creek and the Snowmass-Capitol Creek � drainages be approved except for paragraph three, page two, line three where they ;� requested that the wording "winter range lands" be changed to "critical winter ; ranges for elk and deer". The motion was amended to ask for changes in the intent sections of paragraph 3.01.07(5) and paragraph 3.01.09(a)(5) by adding the clause i � "To preserve the option of using land areas for agricultural purposes by maintaining irrigation lands for present and future use in food production." and also to set ; � i out the allowed uses in this zone specifically. ' i The Commissioners unanimously approved the motion as amended and referred the � � resolution to the County Attorney for redrafting. Child noted that on 40 to 60 � acre lot size an additional unit was allowed in the RS-30 to make it comparable to � the RS-160 zoning; this is not true for the RS-2U zone. The public hearing was { closed. j t >. ` ---------- � � A-95's The A-95 on the Colorado Mineral Leasing Review was given favorable comment with � t � Commissioners Meeting March 14, 1977 - 5 � � I ,' � � �.�..� ,�.,�u..� � :;�' _ ' ��� F , : __.!.,_,U... . . . . ... .... . ..,.. .... .� ... ... ,._ .. ..... .. . . . . .' '. ' : �., ' � �.�E1.y�A'J 71. � �� . .���y,�' ::LL�:..:�. � s'9ti4':�: a note that "'Lhis is intended to strengthen the State's ability to advise local j � government as to potential socio-economic impacts of proposed federal coal-lease extensions and in turn improve its expertise in commenting to the federal government i through the EIS process. Should improve local, state, federal coordination. The ! i new coal leasing in west central Colorado may extend into the Crystal valley." � ' They also approved an A-95 on the Retired Senior Volunteer Program with a'favor- I � able comment and the additional comnent stating that we are in favor of the RSVP j i program which encourages senior citizens to actively volunteer their services to the co�mnunity. It was noted that this funds Budge Bingham in his program with senior citizens in Pitkin County. Hospital Ttie next item on the agenda was discussion of allowing refunding, i.e. refinancing, Mst. Sonds of the Hospital District's general obligation bonds. J.D. Muller stated that this would save the Hospital District $200,000 in interest since at thls point the interest rate is more favorable to the hospital than when these bonds were purchased. !� I Edwards felt this resolution essentially supported bond sellers and attorneys, since I each time bonds are refunded both parties make money. He asked if the Hospital I District had done a market analysis to find out what market projections were ex- I pected and if it would be more appropriate to do the refunding at some point in ( the Euture. The Commissioners reco�nended that Muller obtain independent financial advice on current projections for the market from someone not standing to make a commission and return in two weeks. i ---------- I Wilke- Brooke Peterson made a presentation on the final plat and detailed submission for i Graf � Sub. the Wilke-Graf subdivision. He noted that this would consist of one subdivided � Final � ' Plat lot at the intersection of Sopris and Capitol Creek roads. 2.95 acres will be . i I split off from the SO acre parcel. There will be one access road; no trees will i be disturbed. The Mountain Valley Caucus and the P & Z have recommended approval. i Bob Nelson, the County Sanitarian, approved the sewage system design and the water � � _ supply. The County road easement has not yet been resolved; a platwill not be � filed until this is completed. .Teff Davis, the County Engineer, did a site inspec- i tion but could not find the road access because it was not marked yet. No domestic animals will be allowed on the property. Aal Clark stated that there is a time constraint involved since the RS-30 approval would force the entire application to � be done again, so he wanted to complete the plat approval while RS-160 is still � in effect. � Co�issioners Meeting March 14, 1977 - 6 � � f - S ` , � , . .. ..... .. . ._. _.. , ti..' . ^ �R" '�x�`�y?� s.r`�;:.'. � �i:��s:: ,' '��r3i::`. On a motion from Kinsley and a second by Child, the Commiseioners authorized the � Chairman to sign the resolution and subdivision agreement subject to approval by � i the County Engineer of the dzainage and access to the site. The motion passed j unanimously. � ---------- � Stein The Commissioners heard a continuation on the Stein mini-warehouse it'em behind " Mini- ` Warehouse the Airport Business Center. Hal Clark noted that a public hearing was held for ; i this on November 8, 1976, at which time the item was tabled until the next meeting � and has not been heard from since. A well wi11 he used for irrigation; it 3s � expected that they will be able to tap onto the City water line for other uses when I � available. There will be a landscaping buffer and the lighting has been changed ; to incandescent with a 9:00 p.m. turno�f hased on the recommendation of P & Z. � Security will be provided by an on-site manager and a chain-link fence capped with � cedar. Clark confirmed that the mini-warehouses would be a minor traffic generator � based on a report from the Planning Advisory Service. A rental agreement wi12 � � limit the uses. Bob I.ongfellow did a design for storm run-off which has been � a reviewed by Jeff Davis. The Planning Office felt that the application had changed } significantly since November 8th, that the design was acceptable and that they �, are ready for drafting a resolution. Dwight Shellman, the attorney for the � applicant, stated that this site is only part of the Stein property; they are also M i requesting a subdivision exemption request for the rest of the pzoperty which would allow Stein to donate this land to the County. He xequested that the cedar capping for the fence be required only on the side of the building facing the Airport Busi- ; ness Center since the other three sides axe not visually vulnerable. Clark felt �. �� that the other sides would be visually wlnerable since there would he a trail on � the river side of the building and the third side would face the Holy Cross offices. w � Shellman presented a draft resolution and requested that compliance wiYh the re- � quirements in the resolution be contingent upon obtaining an occupancy permit ` rather than requiring a performance bond. Stuller asked who would pay for appraisal ; of the land being donated to the County. Considerable discussion followed. " � Kinsley moved and Edwards seconded to table the resolution until the next meeting. "s The motion passed with opposition by Child. � ---------- � � Incorpo- Tac[c Schuss and a number of Snowmac•s residents discussed incorporation of Snowmuse � ration of � Snowmasa Village. Schuss noted that this was necessary because the present system does not � Village � Commissioners Meeting March 14, 1977 - 7 � 1 ., � �! . .. _... _._..._, . ._...__ _ . . . _ _ , I f 5 (: 3" t� . ia�s� � _:.,�'. -�4A. �V�.. .+v'"r�` �.�; �;t`.i�'.: ��`:i�. � . �:k;�;k:;:� work; there are many different associations in the area with no coordination � between them and no authority for enforcement of regulations. He noted that THK � Associates did a cast ana.tysis on this in Z974; those f3gares have been updated � on the basis of two levels o£ service - minimum or maximum; high rather than low � cost estimates have been asked for. They discovered that the total expenditures j t for maximum service would be $650,000. The revenue base is $470,000; . this is f based on a 7.2 mill levy and a 1?�% sales tax. The group feels.there are numerous � other sources of revenues that could be used to make up the difference in figures. � Various committees have been formed to review the figures, pro3ect reventce expen- � ditures for the future and study the financial aspects of integrating West Village � Associate into a township government. The second committee would blend interest � groups in the area and consider all the problems. The third committee would be �' � involved with disseminating infozmation to people in the valley. s The Commissioners requested that the group involved in this procese invite them to oae of their meetings. #�: i --�------- � At this point the joint City Council - Commissioners meeting began. City Council �r members present included Mayor Stacy Standley, Jenifer Pedersen, Pete DeGregorio, � : Michael Behrendt, Nina Johnston and Steve Wishart. (Edwards left.) � ---------- �:. UMTA A tzansportatioa report was presented by Sandy Knaub. She presented the report � Update � and set up a study session with the City Council on Monday, March 21st. � ---------- y Community Edgar Stern, of the Community Facilities Board, presented a report. The first � _- '.- Facility t Board phase of their procedure has been completed; they have drawn up three resolutions Report �� x for pzoposed uses of the three available facilities. The old hospital (presently � � � being used) would be used as a co�uuniYy service facility with employee-student c , housing [o be built on the ad�acent County land. They recommended that the Wheeler � 3 Opera House be one element in a community-cultural complex with an addition to be � !� built on the adjacent property. They recommended that the Holy Cross facility be � used for ar.tistic-cultural-educational and leisure time activities. They are now � S entering the second phase of their work in which they will divide into three task- � z F forces to devise specific and definitive recommendations for the use of these three � propezties. Standley requested that they provide budget estimates for the group � F activities and enumeration of the group membership and present this information ( at_the next meeting. � Commissioners Meeting ch 14 - � Mar , 1977 8 � 5} � ;i . �t,�,e 1� - ?:!. � - . , . .� f >: ;.� .�• r--�-- , _. 3. .:.:. ._ ,:, :,rtV;,... ..,.:.. �> �.:a.._,_;:.s:..:� ._...__,__�,_ ...y�: _=�-��'..�.�,.9v� ar .;._r ,, a�: ,; �:- ' �"'��-,;�u�'y', u's G��.�;' ;�i:;�,.., �<i�: � APD- George Ochs made a presentation on the merger of the Aspen Police and Sheriff's I Sheriff j Merger Departments. He noted that they originally considered doing this in the basement of the Courthouse but the Commissioners vetoed this becaiise they felt there was not enough room. Ae now felt that they should consider having a joint facility for the APD, Sheriff, District Attorney and the jail. A feasibility study should • be done on the costs, sites and amount of space needed. Standley suggested that � they might include the Fire Department and other protection agencies in this study. I He felt that an architect should not be involved at this point due to the high costs. Wishart felt there were better uses for the Oden property and that some j other location should be considered. It is hoped that this project could be funded I i from outside forces. DeGregorio asked Marty Hershey ;f the Police Department want- f � ed this merger; Hershey replied that he wasn't sure. He requested that the study � be done first--he wants more information. ; � Pedersen moved with a second from Johnston to ratify the decision to proceed with � `i the feasibility effort without expenditure of funds and to request that the Board & return with a recommendation by June. The motion passed unanimously. � ---------- � § Commissioners Meeting (cont.) evening 3-14-77 � � --------° � � s Public A public hearing was held in the Redstone Inn on the Mid-Continent Coal and Coke � Rearing: � Mid-Con- Co. special review applicatiou. Karen Smith, of the Planning Office, introduced � tinent Coal & the public hearing and requested comments from people in the area. She noted the s Coke � 4 areas of the permit review and noted that the State and Federal permits would be � incorporated in the yearly review process. The County P 6 Z has granted approval � � £ollowing a site inspection subject to completion of the three management plans. � i Sam Maphis presented plans on solid waste, water run-off and air pollution manage- i ment plans: their purpose is to discover the source of the water run-off, to � determine a solution for the pile of solid waste and to outline the sensitive areas i for air quality; the method will be to isolate the condition, correct the deficiency ; 1 and monitor the system, and allow flexibility for evaluating the program as time � goes on. Bob Nelson noted that the new thermal dryer precipitated this public � E hearing. The permit has been approved by the State for the sulphur-dioxide emissions � • and by the EPA on particulate emissions. A modeling procedure was used to determine � the amount of emissions from the thermal dryer. All these facets of operation will � have to be monitored in the fLCture to assure that the dryer is conforming with the Commissioners Meeting March 14, 1977 - 9 � ,� � t ,t; : . ,.t lt��..�.. . - --. - ._... _ ...... > .. ,... .. ..�;S�.v��v}�: ti�'p���j�.`. �i�����,. +�a,�:.: atandards. Considerable public comment was heard. Lynn Truesdale questioned the j atr quality standards used by the State. Cathy Menke asked. what happened to the r water used to f3lter the air. Nelson replied that this was a closed system and that the water was held itt retention ponds. Bob Delaney, Lhe attorney and Vice- � President of Mid=Continent, discussed the history of Mid-Continent and solid waste i disposal. He noted that ultimately the solid waste would be compacted into a�C� , W�c�n w�:�Ht le��Few V� �sed As�4 ski hre�. large hill.� He stated that geological conditions in the area create run-off problems 1 Bruce Collins, a geologist, is compiling statistzcs on the problem. Collins re- �; ported on the geology of the area and Dave Fle�ing, the hydrologist, reported on � the sampling that had been done. John Reeves, president oE Mid-Continent, noted that an environmental control officer had been hired. Verne Standord suggested `+ � that the sampling ought to be done by someone other than a company employee. j Meade Harper stated that the sedimentation problem was serious even before the i min3ng operation e�eri began. Mike Mechau testified that the run-off was dirty at���l�- .`t that time, but he felt that the runoff kae.a different type of pollution now. �(� � Discussion followed on revegetation and road cuts. Vic Weyers, of the USFS, noted that revegetation is a difficult problem in the area due to the mancos shale slopes. He stated that he liked the approach Maphis used. He testified that the width of ?�.'� the access roads was wider than originally reco�mnended because of M.E.S.A. �. safety standards set_by the federal government. Mechau noted the fragility of the �r4 . basin and asked if any grazing should be allowed in tha*_ area. Michael Blue, the president of the Redstone Miner's Union, defended the Company's environmental, ; sa safety and wildlife concern. Bill Foster, of the Patsan-Tearas Liqestock Company, !i _ noted that nowhere in the Company's application had they stated that problems existed with neighbors in the area. He told the Commissioners that there are 3200 r's, acres of fee-grazing Iand in the Coal Creek basin owned by PeCe Clathis; the `: � �:� ttaffic oct these roads has disrupted their grazing patterns. Delaney noted that i; 2600 acies of land had been sold by Clathis' father to Mid-Continent. Truesdale noted that there is a bill before the legislature changing the air quality standarda , in the areas surrounding wilderness and felt that this should be taken into consid- !',.,: eration. Menke felt that the Co�issioners should address the unanswered questions brought up in the hearing and that provisions should be made for solving these problems through an annual review procedure. The publ.ic hearing was closed. � ---------- � �' 93 3 Commissioners Meeting March 14, 1977 - 10 � � � � � � :, ; �i ._...._.. _ ____ . .__.,_ .. _,.. _ . _.. _ _ ._ .. . .....__, ., ' •':�:.:�µh�, . ��� i�. �� <''r', . - � 3 �fi� ..,�. '�� ........ . . Y'�`:3 x.;' 4'`�i��� � � . � �. � . � . F ad�p°Tned a e �eeting�a no �uY�heY bugi�ess, tt` ' : '�et y bein� . 1>_. r^^! � Mi hael K�'�leY AS'TEST' i�`" �"'�, p � ��,,� eY e, "�_,tY Gl � �18 3nlie xa� $� a ' _ ep r� ,:? ,C� .0�trr�"`;�t j:;�f � � r ' ,•' '�` T �';�..�k1,a�ti.'` 1 �� ' _ ',,�1f•';� +i o - f..��.i 4"{(♦'ij t�S '.2 � .. . .. . . . . r �'� ti'�r. ,��,'c� _ . ��t<4.r- w:tt�..f �•:ij � � , . . . . x. ,�lx�v� � r. � . .. - . . . � 4 t`Q l.v�' .�'��:-� ' . . " .. tr��.�j j M`� .. . '{x r�� � �tl . . ' . . . . . . � F ::_; ;� � r. . . .. . � � � - . . ... .. � - . .. � � . . . . � . � _ � , .. '',_. . . � . .. � . . � .. - . �.t -. � .. . . .. ' � � � � . � � � ,\' , � ' � � . � . . ' . . -� � � . �' _ . � 1} �ch 14> �9�� � - M9 , Co�igBiv�e $Mey�,ia� . �� + 1977 BOARD OF COUNTY COMMISSIONERS MINUTES EXHIBITS MARCH 14 A Plannin and Zonin Commission Resolution 77-02 B Letter from Mary Frank Dated 3-14-77 BOARD OF COUNTY COMMISSIONERS 6 1977 EXHIBITS TO MINUTES { � ' soni�D or co. conus�x�s rirxiN co. Puhli Hearia �xhi t.t3 PITKIN COUNTY PLANNING AND ZONING RESOLUTII EXHIBIT � / b A � RESOLUTION OF THE PLANNING & ZONING COMMISSION OF _/ PITKIN COUNTY, COLORADO, CREATING TWO NEW ZONING CATEGORIES, P�AMELY, THE RS-30 PUD AND RS-20 PUD DISTRICTS, AND REZONING ALL LANDS PREVIOUSLY ZONED RS-160 (EXCEPT THOSE PROPERTIES OWNED BY SNOWMASS AMERICAN CORPORATIOW) TO ONE OR THE OTHER OF THESE NEW CATEGORIES, ALL AS SPECIFIED HEREIN RESOLUTIOPJ N0. 77-a WHEREAS, the Pitkin County Planning and Zoning Cor.mission, at its meetings held November 24, December 8, December 15, December 22, 1976, and January 12, 1977, did consider and recommend the adoption of a new zoning category, RS-30 PUD, and its application to all areas of the County presently zoned RS-160, excepting the properties owned by the 5nowmass American Corporation; and WHEREAS, a public hearing, duly noticed, was held on these recommendations by the Board of County Commissioners on February 14, 1977, at which time the Board determined to consider a further amendment, providing for the adoption of another (less restrictive) zoning category, RS-20 PUD, and its application to the Woody Creek area; and WHEREAS, the Board did refer this new amendment to the Planning and Zoning Commission for comnent, continuing its public hearing to March 14, 1977, to receive any recommendations from the Commission; and WHEREAS, the Planning and Zoning Commission has examined the proposed amendments on February 23, 1977 and March 9, 1977 including the exhibits as introduced at the Public Hearing before the Pitkin County Commissioners on February 14, 1977, and has determined that adoption of all recommended changes is appropriate for the reasons hereinafter specified, and WHEREAS, the Planning and Zoning Commission has considered the adoption of an RS-40 P.U.D. zone for the Snowmass-Capitol Creek areas as suggested by the Mountain Valley Caucus which is more restrictive than the proposed RS-30 P.U.D. zone and recommends that a Public Hearing be set by the Board of County Commissioners to consider this proposal, and NOW, 'therefore be it resolved that the recortmendation of the Pitkin County Planning and Zoning Cortanission that the provisions of the Pitkin County Zoning Resolution of 1955 as amended be further amended by the addition of two new zoning categories, RS-20 P.U.D. Resource Zone and RS-30 P.U.D. Resource Zone, all as more fully describ�d in the texts ' 1- -.......-:_._----___---....�__..__ _... .... '� attached hereto as Exhibits A and B and incorporated by this reference; BE IT FURTHER RECOMMENDED that the entire land area within Pitkin County, known as the Sopris/Prince Creek Drainage and Snowmass/ Capitol Creek Drainage (excepting that property nwned by Snowmass American Corp.) presently zoned RS-160 be zoned RS-30 P.U.D., and that the official zoning district maps be amended to so indicate, BE IT FURTHER RECOMMENDED that the areas within Woody Creek presently zoned RS-160 be and hereby are rezoned RS-20 P.U.D. and that the official zoning district maps be amended to so indicate, BE IT FURTHER RESOLVED that, with respect to the above actions and in support thereof, the Planning and Zoning Comnission has found and concluded that: 1. The findings made and conclusions reached by the Board of County Commissioners and recited in its Resolutions numbered 74-16, 74-114, 75-28 and 76-24, adopted in support of the initial zoning to RS-160 of the Snowmass/Capitol Creek Drainage, Sopris/Prince Creek Drainage, and Woody Creek areas are of continuing validity, are again relied upon for the actions hereby taken, and are incorporated by this reference; 2. The Planning and Zoning Commission finds, in addition, with respect to the Woody Creek area that (a) its proximity to the City of Aspen and development of neighboring properties (Starwood, McLain Flats, White Horse Springs, Little Texas, W/J Ranch and Woody Creek Trailer Park) have increased development pressures; (b) gravel and mining operations, airport activities, and intense public recreational uses (race track, horse shows, etc.) interfere with potential agricultural use of the land; (c) increased assessed valuations and production costs, limited growing seasons and desirable soils, and few large land holdings further reduce the desirability of the land for agricultural purposes; and (d) the area is serviced with a ; grocery store, post office, gas station, new fire station, and public transit, making more concentrated use for residential development possible. There continues, however, to be concern for natural hazard areas, migration corridors, limited access roads and the lack of adequate water, sewer and school faciliites, all of which make intense residential development i unacceptable at this time. j 3. The Planning and Zoning Commission finds, with respect to the � j Sopris/Prince Creek and Snowmass/Capitol Creek areas that (a) significant natural hazard areas, migration corridors, and winter range lands limit the development potential; {b) these areas have poor access roads, no public transit, no public school facilities, no co�nnercial services, and are located 12 miles from the Aspen metropolitan service area, further reducing I � - 2 - � i I I I � � � i � � the desirability of intense residential development; (c) the land areas continue to be held in large tracts making agricultural use possible; and (d) these areas are adjacent to the Maroon Bel�ls/Snowmass Wilderness area, � all of which mandate densities lower than those provided for the Woody � Creek area. ! 4. In sum, the development constraints earlier documented by � the Planning and Zoning Commission and referenced herein require limitations on densities and uses similar to those provided for in the RS-160 zone dis- trict, but this Commission has determined that, and the evidence adduced during the proceedings to date justifies, an increase in densities commen- surate with the ability of these areas to accommodate the same is appropriate. Approved by the Pitkin County Planning and Zoning Corrmission on March 9, 1977. PITKIN COUNTY PLANNING AND ZONIPJG COMMISSION By . Peter Gu , ha rman i. I � - 3 - E i . � - . . � . � i � . • _ • . . .. EXFi1[iIT A . . . .. . _ ..-.-_ ::3.01.01 Add RS-20 FUD Zofi�? _. ... . _:..:: �:: _•:r�. �.,,___:-> : ._ _•.;._.- .:.: . _ . .. ... . :...... ...._:. .. .., .,... ...... i ::3.01.07 •P.S-7_0 PUD. Resource Zone - .-._ �� . ._ . � ` _ . . . . . --�� .• - .- --- �- - --`.- - - -. - --• .-... _ ._;�.: _.._ a . �he intent of FS-20 PUD zonQ is � . 1< To provids for the clustering of developn�ent to f�..:-_.,,:..: :.!? reser.t�e open seace and,create..effi ci Ent,u_ti 1 i ty.. _. . � service for d2velepn:�nt. - :.• - ----- , � . 2. To encourage an erderly develop;nent pattern.for � •� Pitkin Coun'ty b� r�ir��iizing ti�e scaitering cf . � development in ri"t•31:ai�eas;�_: I _ _ 3. To aid in the prescrvaticn.of environrent�l resources�. f . .. . . • ' - __ . .- . _ . : l_ _ ..� . .. I �:: .. _ :._9.. To maint�.ir.i t):e rui'�� ��r�S�i.y�� as a her:.an_resource. . --- � 5. To aid in the preservation of the option to use agr�- - cultura7 lar;ds ror present and future use in food • . . ,�prodcction. _. � �^ Y��� b. Pernitted �ses Fvithin tha_RS-20_FUD zone shall bep�°vi.�ioNO�✓e,. - �sstabl�ished t;�trrirr tl7e R,S-160 zor.e as outlined in Section 3.04.t Area and � bulk-requiren�ents sha17 be estab7is};ed by the approved PtlD plan. -- -- � : - - c.__..La��ds aiithin the F;S-20 FUD zone ray be d�veieped at ! :Zicr+s.�tie..'r�� tc,excecc�c���� u;;i��p�r t;:enty {2D) acres, and all develaY:rent 1-. _shali..preceed tinder �I�e Planned Unit D=velop��r,t procedures of_this cc�e; - � � provided, ho,�:ever, that corrpliance rlith the PUD requirements is not manda- � � - _tory for th2 consiructicn of one single_family d:lelling and/or accessory � farm structures t•fiet-e 1:he subdivision of land is not proposed. ' � "- . d. Criteria fcr subdivision approval in the RS-20 PUD zone, i�n addition to those provided in this code, sha71 be the follo�,�ing: le Tr�at the suL�divided land tie loc�ied so as �o mini- -. ma11y ini�rfera ti•,it� agricultural-r2nching endnavors . ' Of IlC'1�ItL�L�I^1 ft� �2(ICC;•IIIEt^S. "1 il? Land Sui tabi 1 i�y i'i:(JS° � arzd Gtty otl�er� a::proz�r•iate ma�s �nd ac���:;3aryinc, text ' . : fron Cc�lorUdo Sta�e U�iv�rs�ty, Er.'vironr.:��rtal F:esou�•ce � ... � _ . _. '_ Analysis �;,;/ b� us2d to indicate areas r�ost suitattie i _ fot• developmeni, - - .. . ! . 2. That a suhstantia� part of the presznt food producinn � ._ ' ca��ability of t'�2 iand be re�ained, as t•;all us develc�e� ' � - �•rater righLs (and appurtenances) necessary to contiinued _ - - produ�tion� � � • 3. Thet tf�e desi�n and use of any resider.tial parcel � ; _ to e>;tent; praccical shall not interfere, abstruct, � ' c�r be otherwise ii�cc�^patible ��1ith pr•esenz or potential � food prnauctio�� activities on adjacent or nearby lands ' and/or any suci� lenes t•�i�ici� �upport or supplemcnt + sucit ��i°cc'.�tcti��e 1«nc�s (to include pub7ic or pri��ate gra;ing areas). � • i . i , ' � i Er.hibit JI i Page 2 j '' _ . ' 4. Devel�prenL sites are specifically located so as to j � present minin,al visual iroacts on the scenic arr�enities of the rural areas. � 5. Sp�cific clevelopment sitrs are identified by bui.lding envelopes as part of the PUD plan. 6, Tha.t dor;estic dcgs (excluding runch dogs) are absolutel; '- �� - ' • precluded frcm tne residential siies and adeq�i�te en- i • � forceir.en� mechanisi�s have Ueen provided for the i contiinued exclusion thereof. _, ,. . , � . � . • ' 7. Lot configura�:ions and size are'subject to revievr • and rray Le r,:o�ified to assui-e cor:.pliarce i�rith th� . ��ol-icies and regulations af the Pitl:in Land Use Code. � . e. .Pa"rcels of �less than tvyenty (20) acres in size shail be • considered nan-con�orming and subject to tFn limitaticns of Section 7 of' - _. _�th.e Land Use Co�e. ":.;.__ : ' :.._:. :_. ; . fo - 7hat..land area attribuied to the preposed �evelapr,ant an� ! - � � necessary to mzet the rtnsity�require��Pnis of this zone shall be describec� � � j. • . --by.m,etes--.and-bo�:n�s, end-shall-.be- i�en�ified on the subdivision plat or ; - . other+•iise �e made-of record:-_ F,othirg. het�ein shall be construed to prevent . =�fie fur�her deveio�r�nt of any:such idertified parcel in the. event. sub- ' sequent ar^enr�:ents-or thi s code� shoul d al l o►r. -° ��- - _ _ .. . . . - �.• %a.: �.�.�� _ • ; . [XlIICIT Q ' 3.01.01 Add RS-30 PUQ Zone , � 3.(�1.0° R`.:-�0 Pttr Resqi.irce 7_oi�e . • i ' a. Tiie ,intent of RS-3� PUD zone is: . . � le To prov�ide for the clustering o� devetopment to preserve opeu's�ace and crcate efficient utility � service for develepn�ent. ' 2. To encourage an ordr:rly dzvelopment pattern far Pitkin County by min'ir•7iLina the scattering of developr�nnt in rural areas. • 3. To aid in ihe preserva�ion of ent�ironmental �esources. • �e 7r, maintain th�e rural 19ies�yle as a hur.:an resource. 5, 7o aid in the preservai;ion of i:ne nptinn �« use agri- . cultui°al lunds for p�esHnt and �uture use in food " production. � ��- - b. . Permitted uses �-:ithin Lhe �S-�0 PUD cone shall he those PF�v��o.+ oue, established in the R�-160 zone as outlinec in Sectic,n 3.04,� Area and bulk � , .. requit�e��ents shall b2 esiablisned by tfie approved PUD plan. c. La7ds t•�ithin tfie RS-30 PUD zone may be developed as densit�es not to�i�xceed one unit per thirty (30) acres, and �ll development shall . - preceed urder the PlGnned Un�t D�velot.�;er,t �rocedur�s of tl�is cc�'c-; , . provided, ho��rev�r, that cor,�pliancz t•lithin the PUD requirements is not manda- • tory for ihe cor,st�°uction of one single fanily �t•�211ing and/or necessary tarm structures ��iher•e the subdivisien of land is not proposed, • - _ d. Tt�e provisicris of subparayraph c not s•:ithstanding, "there shall 6e permi�tecl, in add9iion to the densities est�blished by subparagr�ph .� one ac!ditienal �i::elling unit for eacl� separate parcel of land in existence -- aL the effective d�.te of this resolution consisting of from 40 to EO acr2s � . . in size. e. Criteria for subdivision approval in the I?5-30 PUD zone, in acidition fo those pr°u�ided in �his ccde, shall be the folloti•:ing: . - 1. That tf;e subu�ivided lend be loca�ed so as �:o minima7ly - • � int�r�ere �•:ith agricultural-rancnii:g end�d:f01'S or ' neighborinr, l�ndos•riers. "The Land Suitabiliiy hiaps" � • and an)� other appropriaLe r:aps and accomparYing iex� from Calc�r�.do State University, cnvironisental Reseurce �Inal}�sis ^:::y F,� u�ed to indic.te areas ��:ost suitabie for develo�;ment. . ' . 2. 7h�t a sub,tantial part of the present food preclucing capabil i ty of the lund lie retained, as ti•�e71 as devele,:e�i ti•;a�er ricl;ts (and appurcenances) n�cessary to continued producl:icn. . 3; 7hat the d�sic,n and use of any residential parcel i:o extent {u•actic�l shall nct interf�rc, ab:str•uct, �r be othe��ttise i�icom��atible t:�itli present or potential food production aci;7�/1t;'{CS on a�.ijacr.nt at� nearby lands and/ar �aiy such lands rrh�i,:h su��poi°t or supplc�ent such productivc lan�is (�o iric'l�d� public or pr�ivatc gratir� l�indsl." ' Er.hibit t3 Page 2 ' ' '4. , De�eloprent sites are specifically located so as to present niniral visual im,acts on i:h� scenic an:enities . ... ., of the'rurai arczs. � � - •-•-�•- - -5. � Specific develonr.,ent si.l:es are identified by buildiny .. , envclopes as part of tt�e FUD plan. , 6. That der;:estic dogs (e;•:cl�.�ding ranch dogs} are absolutely - � ' pr�ciitd�d frcr.i i:F.e res�d?ntial sites ard a�eq�aate en- forcereM_ [rrche,risr;s ha�ie been providcd for th�e continued exclusion th�•r�:of. 7. Lo� con�i9uratic�rs and size are subject to revier� and � may bG t�odi�ied to assu�•e co�::piiance 3�iith the policies and regula.�ions c-' the Pitkin tand Use Codee . • f, Parcels of less than thiriy (30). acres in size sha11 be considered non-con'orming ar,d subjec� to tl�e limitations of Section 7 of � the Land Use Cude. . . . :. . . y. That.lnnd area attributed to tf�e proposed developnient and necessary to reet fihe density recuirerrents of this zoi,e shall be described by;.metes and bounds and shall be identified on the subdivision plat or = - • •� other�•rise be r;ade nf record. I;othing h�ei°ein sha11 be cc,nstruzd to prevent � the further develo�rent of any� such identified parcel in the evenL subsequei�� - . - of. this code should allotv. - - . :. -- �� - =} R , l ' t: 4. + (. �'.{ � 1 \�� . �' 1� ' ::1 � . .. 'f . � . . . •uz� . BOARD OF C0. COMht'R'S � PITKIN C0. "�""" ��e�qn� Publi Hearin E:hi l�` . ..�.....�.r.----�•- . G'�:;,, nate EXHIBIT g��q�� u.�s ,H �Y.�,it;� Sub� � o uzxs �. S.x.�oo •o� �o o:� ^� _ � P��i 14, 1977 Board of County Commissioners County Clerk's Office 506 East Main Street Aspen, Colorado 81611 Re: Froposed RS-30 PUD Zone, Snowmass Capitol Creek Gentlemen: Thank you for this opportunity to express my views in regard to the proposed RS-30 PUD zoning. As most of you know, the programs I have developed in connection with the use of Abacus Ranch have conformed with the highest standards of land conservation and protection of natural resources. I therefore believe my views in these zoning matters are entitled to substantial weight. Indeed, I believe that my views are entitled to more weight than those of the "Snowmass/Capitol Creek Caucus" which I believe consist of non-agrarian land owners on lots which would probably not be approved under the zoning plan the caucus urges. I would like to make 2 points: (1) The concept of Transferable Development Rights and the compensation of land owners referred to in the February 14, 1977 "Summary of Recommendation of Planning Office" for the taking inherent in restrictive zoning should be further studied and these concepts should be implemented in Pitkin County. (2) In the Snowmass/Capitol Creek area RS-2Q PUD should be approved rather than RS-30 PUD. Certainly there is no justification for RS-40 PUD. In this connection, it should be borne in minc� that the concept of Planned Unit Development gives to the Commission the power to approve less than the _2-- full number of lots a mathematical formula might produce. Thus, in the situation where 1,200 acres are under consideration, RS-20 PUD would permit 60 lots. This might be too many, in which event the Commission could approve some lesser number, but, perhaps, on the other hand, 30 lots "the number permitted by RS-40 PUD" would make economically unfeasible a desirable facility such as a central solar energy system. Other examples can be imagined, but the basic point is that acreage limitations which are too restrictive imposed at this time could inter- fere with subsequent creative and imaginative planning. Respectfully submitted, _ �'�. � t���-�Gti� Mary K. Frank ��� 1/r I �rl�� 1��.��1� �1'111]�:� soX E Aspen, Colorado FonRn or co. corra�i'R'S PITICIN C0. Purlic Hearin� Exhibits -1to : _..._3_�.�`�.��7_ • (�i t�Co!1%��niw�' �I"Itt.i'� . �llU�8Ct . ....._ ......_ PROOF OF RUBLlCATION STATE OF CULOR.ADO ) . � �, Copy of Notice County of Pitkln ) I, ._William..Fi..._..Dunaway... ao aolemnly awear rx�at � I am Rhe _..PUUZ�9Y1.Pr_T'..........-•••............ of THE ASPEN TIMES; that the same is a weekly newspaper printed, in whale or in part, a.nd publlshed in the County of Pitkin, 8tate of Colorado, and has a �general clrculation therein; that sald newspaper has been pub- llshed continuousiy and uinterruptedly in said County of Pitkin, for a �perlod oP more 6han fifty-two cansecutive 'aveeks next prlor to the Sirst pubiicatton of the annexed lega.l notice or advertise- � ment; that said newspaper has �been admitted to the United Sta.tes � mails as sceond-class matter under �the Provisions of the Act of � , �y 3=n D ;.�:<-�,: •�:� -��:<� v►;, * :, March 3, 1879, or any amendments thereof, and that safd news- ' ` ' ,�:�$ : G.� �,� g�,� �O s, paper is a weekly newspaper duly qualified for publishing legal �' S?� �h,D��j p�m�.� _,f1 notices and advertisements with the mea.ning of t he laws o f t he �� o� .�:�.�.3 � � `N � r Sta.te of Colorado. : .o�� :� �.: � N O A:� '� `; . n;; � � �Ov. �� . •i ,' �' �:�p .�o �'�.:� A:vva'^2;`:. That tlie annexed legaA'notice or advertisement was published O':�'0 0� �°�+o v�c �-� :'� in :the regular and entire issue of every number of said weekly � ���� ��$ �,���p ip..��f1, '' `co:aa ��':-'�.:a'<_��:� �°D '� th t�theefirst p b1lca.tio of said aoticeco�ecutithe i ueoof�ea d >��� o.� �, �:?� � F.�o s -i A � hr �� 3 0;f�v �w p•:o O,: r— newspaper datea ---F e b,,....�� � '' °:�'� �' �' � T 3 � 3 ....•-••-•••••• A. D.� 19 7.�. and that r � 3 � ... Q � .- n p n �e. .3 �_,� y the last�publica.tion of said notice was in the isaue of said news- ��''t `�� � -�� ��•�� � c Z Z rea.3 � a$ 30 �..0' O ` � .. u►o x co,:3 �v�v � �.� :� , �-:� � — paper dated _......._.._...••••....................••-• A. D.. is••-•••-• �Q o:� 3 ,��5 0���•o =�p � ', ' ►JO m,u o ao c "' � �1 � /p'�/��� r C.r� p;�� .:�. �:�.0�.�O. .., T ..�•_ L'fr.Y �/ - (/ � L�T�v! ' r 3 �� + X� �• S� C � 7'�,�f0 . } , ............. ..'•""••'•"""-'... ..:......_...__........." • n,N ! �_o�, � � ;�N��m�; � o'� �nc �o 3. 5�33 Subscrtbed and sworn to before me, a no publi�c Sn dar ) 3� ��•n � ��`vi o �'� Z�� `f. 3.s. w�_� °-T�pc�. n� :� ; the County o!Pltkin, State oP Colorado, this ........�....._.... day ot � ��� P�y� �,T� ^ �j� �,.m ' o � c o ,.7�o a..a,� �:a r .�, p . �� . � �r_ .:.,,�p p, a.[n , ...��'�_..-.�'�l."'.._. A. �.r 1�'�" � �N`'7 .�. -.N lY . �-.Ip T.:N �� T�7:,� . 3 � `\ �. (. � ..._....�._.it.......r1.._...�....�1�...�..�_.....�.�1."�D•}��� (.'/.�I ,r` ....... . . .. . ,_ ..- .... . ._ . .....^j e ... Nota.ry bllc ! v � nsyC ion expues .�'.�ommission Expi{�S.1UlY 22, igBQ � : ;