HomeMy WebLinkAboutbocc.min.reg.10241977 II.:
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BOARD OF COUNTY COMMISSIONERS i
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A G E N D A �
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for October 24, 1977 • �
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� 10:30 am EXECUTIVE SESSION �
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11:30 am Traffic Signal at Maroon Creek Road i
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11:40 am . AIRPORT: • , �
• Quicksilver Limousine Certi°icate Lease Agreement Approval - McCoy
• Terminal Flight InEormation Service - McCoy
12 noon JdINT AGENDA: '
• A-95: Economic Development Planning Program - BJS
• Hydro-Electric System - Wilton Jaffee and GLO •
• Citizens Comments -
1:00 pm CONTRACT: County Fire Marshall - SMS
1:05 pm MOTION: IDA Grant - GLO
1:10 pm RESOLUTIONS:
• � Nelson Jay Subdivision - KS
• Approving Application for WICHE Funds (CETA) - GLO
• Salary Ghanges in Road and Bridge - CB 6 GLO
I:15 pm Warrant Approval - CB •
1:20 pm Trustee Fees Collected - xZ
1:25 pm Request for Easement in Hunter Creek - Tam Scott
1:40 pm SET PUBLIC HEARINGS:
no� ad
• Lucy Hibberd Special Review (2 pm, ^�-`r�, 1977�
• Carter Duplex Addition (2:30 pm, ?:.°^amba� �2, 1977) �1/ �g
• Amendments of Airport Regulations re: Night Flying by
Charters - SMS (3 pm, 2, 1977)
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: 1:50 pm Retirement Pay for Martha Thompson - Discussion - BC
, . 1:55 pm Air Pollution Variance Soard: Change of Name - Ellen Anderson
2:00 pm Y.H. - City Water Extension to Holy Cross�
2:30 pm P.H. - Goodnough Special Review
3:00 pm Community Center Plan Adoption - GLO, BK, Tom Duesterberg
3:30 pm Housing Authority - Midland Park Interim Financing - Lankford and GL0 ,
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4:50 pm Fairgrounds: Video Presentation - L. Dunn
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PITKIN COUNTSt
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�I SOARD OF COMMISSIONERS
j�Re�ular Meeting October 24, 1977 �
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�,,PRESENT: Chairman Michael Kinsley, Itobert Child, Joseph E. Edwards, Jr. �'
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�iMaroon Creek The Co�issianers discussed the Maroon Creek Road - Highway 82 intersection. George
�!Road
;4Traffic Ochs received a letter from Jack Kinstlinger, Execut3ve Director of the Colorado Sta[e !�
�Light, ' ' ;`�'
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�, Department of Highways, stating that the Highway Department plans to install a traffic �;
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�i light at the intersection unless they hear of "compelling reasons that this should not 1;' '
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, be done" prior to October 30, 1977. This would result in two 24-hour lights within ;
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! less than �y mile of one another. The Highway Department feels this light is necessary j:
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iin order to provide emergency access to the new hospital. Child said he spoke to the '�
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i Hospital Board about the problem, and they felt a light may not be necessary if a 1'''
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�i Sheriff's Deputy were stationed at the intersection during rush hour traffic in the ski t
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Ii season. Kinsley pointed out that Che State would pay for the light, but the County �
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� would have to pay for the deputy. He doesn't think the light would create an additional i;
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' traffic back-up at the intersection, because the problem would exist in either case. '!
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'� Ochs felt the second light would slow traffic down in the axea. He added that the
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ifCommissioners are considering budgeting $75,000 for improvements to the Maroon Creek !;
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I� intersection in 1978. Edwards directed Ochs to notify Wilton Jaffee, who has been �'
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!I working on this problem with the Highway Department, Glen Scott, Hospital Director, I'
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! and Jack Kinstlinger that Pitkin County is currently going through the P � Z for a '
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�! redesign of the intersection which may result in an alternate alignment fox Maroon �
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� and Castle Creek Roads, and this proposed light may not funetion appropriately with i
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i the redesigned intersection. Therefore, the Commissioners reco�end that construction �
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i of the light be deferred for one year, since it may not be an appropriate expendiCure 4
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l! now. He added that Ochs should make arrangements with the Sheriff's Department to y
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I; station a deputy at the intersection during evening rush-hour traffic.
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�IQuicksilver The Commissioners cansidered the Quicksilver Limousine lease agreement for the x
1�Limousine ;
��I.ease County-owned PUC certificate which expires November 1, 1977. Dwight Shellman, repre- �,
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� senting Mellow Yellow Taxi Company, submitted a letter to the Board requesting that �
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� the lease be subjected to the competitive bidding process. He felt it is in the �
ipublic's interest to determine the fair market value of the lease through accepting `
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bids. The letter states that the County initially arranged the lease arrangement with �
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Quicksilver because of the transportation deficiency at the airport; Shellman maintains �}
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` that this deficiency no longer exists, and therefore the County does not need to
i continue to subsidize Quicksilver. He felt the lease should not be awarded to Quicksilve• ,
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Commiesianers Meeting October 24, 1977 - 1 �'t'
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just to maintain a transportation market with two companies, since it is not a foregonei
conclusion that Quicksilver's business cannot survive without the lease. The bidding Ij
process outlined hy Shellman allows the County the right to select the "losing"
bidder if they so desire, however he felt that Quicksilver should be required to pay :�
the market value for the lease, or the disparate amount between what they pay and
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� the fair market value should be identified. Ochs replied that the reasons that `!
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compelled the County to obtain the PUC certificate were to maintain competition and
' to improve the quality of aervice at the airport. He added that the certificate was �i
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obtained by the County at virtually no cost. Ochs did not think that the bidding ��
process would be an appropriate method to determine the value of the lease, and
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I suggested that the value of the lease be determined by an appraiser. A one-time, �;
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,� . :,;ex�remely high bid by Mellow Yellow may succeed in putting Quicksilver out of business,i:
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:i so the price of the lease in subsequent years would not matter. Shellman objected to �i
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not allowing the value to be determined by bidding. Jake Howe, president of Quicksil- ;i
�n ver, replied that it is not economically feasible to run only an airport limousine, ��
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� so they have expanded their service. He added that if Mellow Yellow forces Quick- i�
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silver out of business by obtaining the lease, the County will once again be in a �j
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� position of attempting to create a competitive market. Mellow Yellow could protest �;
the bid and hold up the leasing process for six months, which would give them a j'
� monopoly on 1977 winter service. Shellman said Mellow Yellow would not do that. ��
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� Ochs asked if Mellow Yellow would protest if Quicksilver received the bid even if �
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� they were the low bidder. Shellman said they would object but wouldn't do anything (i
to keep the County from assigning that service to Quicksilver. He felt it would be ;I
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�� fair to require Quicksilver to pay the cost of obtaining their own PUC license, '�
rathei than suhsidizing them by leasing the County-owned license. Shellman admitted ;�
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that the County probably wouldn't award the bid to Mellow Yellow, but felt the amount
� the County is willing to subsidize Quicksilver should be determined, and felt it
7 should be assured that Quicksilver at least pays the amount of the bid. Howe said !I
� Quicksilver has their own PUC license at the airport, but they are only allowed to
operate outside of the Aspen-Snowmass-Highlands area. Kinsley admitted that it may
� be true that the lease is worth more than is currently being paid for it, however �i
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it is also likely that Mellow Yellow would put Quicksilver out of business if the
lease were put up for bids. He felt the appraisal alternative would be a good com- �I
promise. Edwards regretted ever protesting Quicksilver's application for a PUC �
license in the 'first place, and wished the County hadn't obtained the authority. He ;�
felt it is in the conswner's interest to maintain a competitive situation for trans-
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portation at the airport. If the lease were put up for bid, Mellow Ye12ow would pro- 'I
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bably eliminate Quicksilver, or would raise the price of the lease so high that �
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Commissioners Meeting October 24, 1977 - 2 '•.
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; Quicksilver wouldn't be able to pay 3t. He felt the County should get out of the
� matter entirel and allow
� y Quicksilver to proceed with obtaining their own license
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i without protest from the County. Child agreed that maintaining campetition is a
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(� mast important concern. McCoy added that people at the airport are given the option
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� of taking a limousine, which is cheaper than a taxi; if Mellow Yellow were awarded
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� the lease they would probably use only taxis. He, too, reco�nended aga3nst submitting
� �'� the lease to bids. Howe said they wouldn't apply for a new license, but would apply
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� to have the restriction against travelling to Aspen-Snowmass-Highlands dropped from
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j their present license.. �;
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�� Edwards moved to approve the new lease with Quicksilver with a 30-day cancellation
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(� added, and instructed the County Manager to undertake an appraisal of the value of "
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I� the County's authority and to develap a scenario on the effects of aelling the �=
`� lease, not protesting the expansion of Quicksilver's service, or charging a percentage �;
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�i for the use of the authority to deteztnitte what revenues that would produce for the ��
j County. Kinsley seconded the motion and it passed unanimously. �'
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�� _ Shellman requested an opportunity to participate in the process. "
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� At this point Che joint Citq Council - County Commissioners meeting began. City r
f Council members present included Mayor Stacy Standley, John Van Ness, Michael Behrendt, K
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I� George Parry, Nina Johnston, Marty Hershey and Steve Wishart. �
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I;Hydro- , The group discussed instalZation of a small hydroelectric system for charging r
�electric �
'Power automobile batteries. Wiltod Saffee noted this is appropiiate at this time because �
;Plant �
I� the federal government is investing money in research on electrically-powered vehicles. _
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� Ae felt electric buses for public transportation would be available within three to "
� five years. Jaffee suggested that the 165' drop in the Salvation Ditch at the 4
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� entrance to Starwood would be an adequate source of power for charging batteries for �
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, electric vehicles. Standley reported that the City had a study performed a few years i '
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ago to determine if their water rights os Castle and Alaroon Creeks would be sufficient x
I' to powei a hydroelectric plant. They found such a plant could produce 16% of the ji
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f City's power needs at a cost more than three times as expensive as conventional power. �
�� Child asked if, when cons3dering the cost benefits of [hat system, the City considered a
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� the value of retaining their water rights on thoae streams. Standley said that was ;p
� considered, but no specific value was placed on the rights. He suggested that Vranesh �
J and Musick look at the terms of the water rights and what they're adjudicated for. �
; It was felt that the City Attorney could investigaCe these water rights instead, and �
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ishe was requested to review the merits of having a study done on the feasibility oE �
a hydroelectric plant. Edwards felt a reservoir would be necessary to make a
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,Commissionera Meeting October 24, I977 - 3 '
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hydroelectric plant usable, because there is not sufficient water to power a plant �;
j year-round. He added that it would prohably still be cheaper to buy power from Aoly li
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CTOS6. ��
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A-95 Review The group considered an A-95 review on an Economic Development Planning Program. ;:
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Standley mentioned that this item was tabled at the last COG meeting. Brian Stafford,�
County Economist, agreed that the applicaYion is very broad, however it does include !
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. growth management cancezns. Standley added that this ties in with a four corners
program being started by COG. Stanford recommended a negative comment due to lack ;�
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of information. Kinsley moved Co table the A-95 and requested that Stafford and "
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HJ Stalf check with COG on what is involved. Parry seconded the motion and it �i
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passed unanimously. jl
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The regular Commissioners meeting reconvened. II
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Airport The Commissioners heard a request by Ron Dewillers for installation of a flight 'I
Communication `�
System and surface transportation communication system at Che airport. This consists of i;
eight TV monitors with a line of typed information concerning bus schedules, arrival �
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and dega�ture times, etc.i with advertising in the center of the screen. No �j
� county investment would be invo].ved because the cable hookups are alzeady installed; fj
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the County would receive 5% of the gross receipts of the system. Information is i�
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"• key-punched into the system from a terminal which could be located at the airport I�
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k manager's office. This system would also be broadcast over Canyon Cable TV, so it ''
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would reach approximaeely 4000 people in the valley. Child asked why Dewillers ��
� ' was turned down when he presented the request a few years ago. Ochs replied that,
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at that time, the County was barraged with requests for space at the airport; they f
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also requested a financial creditibility check which was never done. He £elt the ;i
! percentage received by the County should be higher than SX, and requested more ��
specifics on the public service ads that the system would run. Kinsley fawred ;i
approving the service if the County's percentage were raised, if the number of sets j
installed at the terminal were limited to five, and if the County were allocated a ;;
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certain number of public service announcements per hour. Edwards favored denying 'i
the request, stating that the County is trying to maintain a pass-through terminal. '�
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He felt the information offered by the system was not valuable enough to justify ��
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the distraction it would represent. He felt the terminal's integrity would be �
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eroded by this type of commercialism. IYewil,lers reminded the Commissioners that
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there is no sound on the monitozs, and felt it would help eliminate the confusion
and calls to the a3rport when it is closed. McCoy agreed that it may help lessen �'
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the number of calls received since people could just turn on eheir television sets ;;
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Commissioners Meeting October 24, 1977 - 4
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to find out if the airport is closed. Kinsley was convinced by Edwards' argument. a;
I� Child felt he would be able to better evaluate the system if he coald see it in opera- �r-,
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�' tion in a nearby aitport. The Commissioners did not approve the agreement for the
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!� service.
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�!Fire Sandy Stuller presenced an agreement with George Newell for fire protection services. '
�Marshall �'
;;Contract The services include achieving fire protection coverage for all areas within the �1'�,
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�; County, developing procedures for a].1-weather fire and crash-rescue protection at �'i;
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j� Sardy Field, determining the causes of fire and conducting arsan investigations, �`;
�i and responding to emergency calls that indicate an immediate fire or safety hazard. '>
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f Kinsley questioned the need for all these services, noting that crash-rescue is already
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� being handled, and that the Colorado Bureau of Investigation is responsible for arson ��
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'; cases. Newell pointed out that the first provision is espec3ally important because '�
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{, there are some areas in the County not covered by any of the fire districts. Child �
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i agreed that the first provision is needed, but felt the third and fourEh services may f�
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conflict rrith the Fire Chief or the Sheriff. Ochs said that improved fire coverage
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� , could result in lower fire insurance costs. Newell said present crash-rescue pro- (;
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�� cedures would be inadequate if an aircraft crashed 100 yards off the runway in heavy ��
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�i anow, because rescuers would be unable to get there in time. He added that the CBI �
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investigates arson cases only if they aze called upon. The fourth provision would �y.
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give him the authority to stop fire hazard violations which may occur. Edwards asked E;
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II if the fire chiefs of Aspen or Snowmass would deputize Newell. Newell replied that �
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�; he is already deputized by the Aspen District, but did not know about Snowmass. ri
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Fdwards felt the services outlined in the contract are the primary responsibilities of �
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`� the £ire districts. He suggested paying Newell as� hourly rate with an upset figure, �y
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I and evaluating the contract after a year. Stuller said the contract has an hourly �
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rate. Kinsley asked why the fire districts are not covering these responsibilities.
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� Newell replied that the fire district is very resistant to change and avoids making
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j necessary fire prevention improvements in order to keep the mill levy down. Dick
� Miller, Aspen's Fire Chief, is very interested in fire prevention techniques, however. �
liChild moyed to approve the contract with Newell, with the hourly figure on page two �
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,� to read $7.13. Kinsley seconded the motion and it passed unanimously. �.
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�! Edwards left.
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�Personnel Ochs reported that Pitkin Gounty has been awazded an IDA grant to help fund hiring
IDirector !`
�Grant of a personnel director and secretary. The grant will pay for 41.9X of the director's
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salary and lOX for the secretary, for a total of $7500.00. The County will contribute
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iCommissioners Meeting October 24, 1977 - 5 }.
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: $9100.00 plus $1312 in in-kind services. The director will update and revise the �—
I �I' personnel manual, educate the staff as to the contenta of that manual and do the year- ��
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� ly salary survey. This funding is for a one-year program, but Ochs will probably ��
i� ask that it be continued beyond that. Kinsley and Child both voiced support for the �'
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program. Child asked if there would be office space for the director. Ochs reported ��
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�' that Chuck Baker is asking for budget money Eo rent space 3n the Courthouse Plaza �
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building in 1978.
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`� Nelson Jay Child moved to approve the Nelson Jay subdivision exemption resolution with the 'i
'� Subdivision '
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;� Exemption condition that any additional development is prohibited and that the County Attorney �
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shall approve the plat and deed covenant. Kinsley seconded and the motion passed I;
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�� unanimously. �
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� ;WICHE Kinsley moved to approve a resolution authorizing the hiring of a WICHE intern. li
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� Child seconded and the motion passed unanimously. I
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Road & Kinsley moved to approve a resolution raising salaries in the Road and Bridge I
!� Bridge i,
� Salaries Department. Child pointed out the typing error on page one, which was changed to I�
�� read-$100 00. Child seconded the motion and it passed unanimously. �
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Warrants Kinsley moved to approve the warrants and the minutes of September 26 and October �
Minutes �
3rd. Child seconded the motion and it passed unanimously.
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Public Aelen Zordel, Treasurer, reported on public trustee fees collected during the �I
Trustee's ii
Report third quarter. $432.00 was collected in July, $512.00 in August and $448.00 in '�
September, plus $70.98 for one foreclosure. She noted that the State legislature j
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raised the Public Trustee's fee effective July 1, 1977. i�
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Horowitz Tam Scott, representing Arthur Horowitz, presented a request that the County grant �
Sewer "
Line Harowitz an easement or right-of-way for a 4-inch private sewer pipeline extension �I
Extension j�
from his residence on Lot 7, Block 1, Red Mountain Ranch subdivision to the junction �
of the Hunter Creek toll road. �.idently, the County is the owner of the toll road. �I
If the easement were not granted, Horowitz would have to lay the pipeline across �i
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Martin Siegel`s lot, which would create an obvious scar in the landscape. The �
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extension is necessary to serve an addition they would like to build on their house. ;+
Horowitz would prefer avoiding use of a pump because of inechanical problems. He would �I
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like to guarantee for perpetuity that the extension would be used only to serve hia !I
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houaehold. The surrounding landowners would also like use of the line limited to ��
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Commiesioners Meeting October 24, 1977 - 6 jl
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�� his home, however Siegel will agree to the extension only if he can tap inCO it.
� Stuller said the County has an easement for roadway purposes only, not for utilities,
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�; so the CounCy would only be in a position to say if the utility purpose would inter- '
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' £ere with the road purposes. Mr. Mazza, representing Siegel, said no utility ie '
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� permitted by prescription or otherwise, and asked that the Commissioners deny the {'.
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li easement, Kinsley did not like the idea of cutting into the hillside. Scott said �r
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� an agreement could be drawn up between the County and the surrounding landowners that �:•
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t the ro'ect will not be unsi htl and will be limited to a 4�D, 4:
, fi p J g y private line. Stuller
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!� said the only reason the County is participating in this process is to review possible f`
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�; interferences with the roadway uses. All landowners whose property the road traverses �:
+{ would probably have to give Cheir permission to the extension. Mazza said that if i
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11 the County grants permission for the line the Sweeny's will probably sue the County. �
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II The Commissioners agreed that since the road is not being used, Horowitz can disrupt �
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`1 the road if he abtains all other necessary easements. ;
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,�Set Kinsley moved to set the following public hearings: Lucp Hibberd special review �
!�Public � .
(�Hearings at 2:00 p.m., November 28, Carter Duplex Addition at 2:30 p.m., and Amendments of �
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;� Airport regulatians re: night flying by charters at 3:00 p.m., November 28, 1977. �
Ii Child seconded the motion and it passed unanimously. �
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I Edwards arrived.
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!Air The Commissioners heard a report from Ellen Anderson and Mark Skrotzki of the Air
��Pollution k
�;Variance Pollutian Variance Board. They.recommended that the name of their board be changed to �
IlBoard �
,�Report the Pitkin County Clean Air Advisory Board, that the County insert a statement in �
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!� the City's informational transpottation brochures noting the pollution caused by cars, �
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and that data on aircraft emissions be submitted by any applicant for night flights
at Sardy Field, special review permits, or other applications which concern uses in 6
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the vicinity of Sardy Field. Kinsley maved to approve the three recommendations sub-
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mitted by.the Board and that the County Attorney draw up a resolution to that effect. �
1I Child seconded the motion and it passed unanimously. �
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! Fdwards asked Anderson and Skrotzki if they were aware that the County is authorized �
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I� to identify point-source pollution in excess of State regulations. He added that they �
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i should review the 1041 airport area public hearing and a consultant's report contained °
'� therein on emissions at the airport. Idling jets are a major source of pollution at
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� Sardy Field, and Edwards suggested that some abatement regulations fot operation at
the airport may be appropriate.
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Coimnissioners Meeting October 24, 1977 - 7 ��
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�Horowitz Edwards, who misaed the Horowitz item, said it is clear that the Hunter Creek toll
}�Easement
r road is a public road and has not been abandoned. {
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�Thompson The Board discussed the situation involving Martha Thompson's retirement. She ii
Retirement I;
Fund will receive very little money from the State retirement funds because of a family
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iillness at the exact moment that the funds had to be transferred to the state fund i'�
because of the state judicial takeover of the county district court clerk`s office. �j
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� Edwards said that, since Thompson was a loyal employee for twenty years, it would be ��
appropriate for the County to help her in some way. He suggested a monthly subsidy '�
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or a lump sum award in recognition of her services. Baker said her retirement pay- i
�• � mAnts are short $93.76 per month, and suggested using the money in the county retire- ;
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ment surplus fund for making up this difference. Edwards requested that Stuller look �
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at the legality of some sort of bonus appropriation to be done in the course of one ;;
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budget year. The County could make up the monthly difference for two years in the ;J .
course of that year. Kinsley said he would like to try to make up the difference j�
i�
for five years in one year, if possible. Baker said the surplus retirement funds �i
i�
I
amount to approximately $8000.00. The Coc�issioners agreed to decide on the amount i;
of money to be awarded after Stuller has determined the legal status of the matter. ��
��
i
--------- �� �.
��
i�
Water The Board convened a public hearing on a city water extension to the proposed Holy j� �
Extension i� �
Cross Electric site at the Airport Business Center. The extension would serve three ;�
i
lots adjoining the Business Center: the Colorado Ute substation, a parcel of land to ��
iI
be purchased by Holy Cross from Colorado Ute, and the Aspen Self-Storage Warehouses ;
ii
i
Ltd. Smith submitted the following exhibi[s: the Planning Office's memo of October 'j
20, 1977, the Land Use application form and attached map, and the proof of publica- �I
�i
tion. That portion of the line within the subdivision boundaries is already allowed. ��
The Planning Office recommends approval of the extension because no financial burden j�
�
is placed on the County for the extension, environmental features of the area are
not threatened by the line, the landscaping will improve the general appearance of '!
the area, the development does not represent any growth pressure, and ttiere is sub-
�i
stantial public benefit to be derived if the Holy Cross warehouse is relocated, since '
��
the City will then acquire the existing Holy Cross building on Mill Street. There ;'
�i
being no public comment, the hearing was closed.
ii
Child moved to approve the water line extension beyond lot 6, block 5 of the Airport �
;� �
Business Center through the Colorado Ute substation, Warehouses and Colorado Ute ' �
�i
lot to be sold to Holy Cross. Edwards seconded the motion and it passed unanimously. j; `
�.
_���.�_ ;
�
h
The Board convened a public hearing on a special review application by William 'I
:�
,�
':I
il
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,i
i;
ommiesioners Meeting October 24, 1977 - 8 i'
I:
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_. ._ _ __ __ _ ._ ___ __ ___ -- -- ---...-- __------- - -- -
-.... __- - - - -- ---_-- ---_ ____- - -- - -�-... . _..- - --- ---- -- - --------- ---- -
- ��ri`
'1' Goodnou ���$�'
'Goodnough gh to separate lots 20 and 21 of the White Horse Springs subdiviaion. This is vr.
i(Special �`;"
Review allowed by sec[ion 7.22 a. of the Land Use Code, which allows separation for the
!iApplicatian
purpases of development only after special review for lots of record which have not
received formal approval by the Board of Commissioners. Karen Smith submitted for the
j1 record the October 20 memo of the Planning Office, a letter dated October 7 from i�
il �'
�i Nicholas Lampiris, consulting geologist, and a letter of August 31 from Bill Goodnough f'
� 1:
� along with the accompanying map. Positive commenCS have been received for the appl3ca- fi
C
�! tion from the utilit" com an and the fire and �'
, y p y police departments. The area is within n
j,. ij
i; a CSU alluvial fan hazard area, and the P 6 Z subjected their approval to a determina- �
i. (i
ii
�! tion of the degree of hazard presented by this alluvial fan and an exemption from 1041 z
�' s
i' review, and a determination of sgptic tank suicability. The geologist's letter states �
�i �
jl that the hazard presented by any alluvial processes no longer poses any threat to the �
��� y
j; property. Edwards asked about access for the site. Smith stated that there is an �
il
�� easement on the west end of lot 21. Bob Nelson, County Sanitarian, said the area would
s
1; �
�!,- be suitable for septic tanks with certain conditions. Goodnough has no intentions
�iof developing the property, but wants to transfer ownership of both lots to each of
�i
��' his two children. Goodnough agreed Chat he has no plans for selling, building or
I
i speculating with either of the lots. Edwards asked abouC the zoning of the area.
,�
,� Smith replied it is either RS-20 or AF-1. There being no public coum�ent, the hearing
i�
� was closed. �
i;
�! Edwards felt these applications should be dealt with consistently. In the future the
�� zoning of the property should be considered, and it should be determined if an exemp- �
�� tion would result in non-conforming lot sizes, as thia application would. He used as
�'
il
�i an example the incidence of someone purchasing three contiguous lots in the city with
�! only one building site allowed; that person would not be allowed to convert the lot
�� to three building sites in future years. Smith replled that section 7.22 a. of the Land
�i
�: Use Code allows the Board to consider separation of substandard-sized lots if they
I�
,i
' comply w3th subdivision design standards. Edwards noted that this is not an approved
�i
iisubdivision, and that these lots are within the zoning standards if left as one parcel,
li but separation would make them non-conforming. Kane noted that the Natalie Gignoux j
ij
�� application set the precedence for this. '
j;
jI
i Klnsley moved to approve the special review application for William Goodnangh, and to
li
i� request the Planning Office to review that section of the Land Use Code which allows p
3
i1 -- for this separation. Child seconded the motion. Ochs pointed out that the deed for � .
�j lot 21 contains the permanent roadway easement reference, and this could present pro- + ,
r �
�i blems for subsequent purchasers of lot 20. Kinsley amended his motion to condition �
l �
I, approval on a permanent easement across lot 21 to lot 20. Ghild seconded the amended Q
I motion. Edwarda then amended the motion to further read thaC the separated lot would j
�; �
11 �
�iCommissioners Meeting October 24, 1977 - 9 5
�3 4
�i
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!i ..
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__._�-----------
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'sl
be used only for a single family residence. Kinsley then added that the approval �
inFludes an exemption from 1041 review. Child seconded both amendments and the II
IImotion passed unanimously. `'
s �I• ----------
Old The Commissioners considered adogtion of the Community Center Plan, drafted by '!
Hospital: �'
:�
Citizen's the Citizen's Task Force on the old hospital building. Kinsley said that this is
ii Task
;i
Force necessary to get the grant award underway, and noted that ratification would have ;�
Recommen- • � �i
dations no effect on whether an intermediate care facility is chosen for the building. �i
ji�
Ochs agreed that the plan has enough flexibility to allow consideration of residen- i;
% �,
} tial care, intermediate care or nursing care. Kinsley corrected Ochs to state I�
f �i
{ that there is no implication that the building will be used as a skilled-care ij
� nursing facility. Uses for the building are currently going through.the P & Z as ��
i a special review application. Ochs noted that construction can begin while uses �I
� Ij
�� � li
� for the building are still being considered. Child, who was a member of the Task ��
� _ Force, said they were flexible in their recommendations so the community wouldn't ;�
be put in a bind on which uses to consider. Tom Duesterberg, of Benedict and �'
� �
� Associates, said the layout they are designing is very flexible; the intensive ��
7 �i
S care wing and surgery area are to be used for apartments for the elderly, the '�
� �I
� Visiting Nurses will use the nursery area, the office area will he used by Open �t
i Door and the kitchen will remain a kitchen. It is not prac[ical or necessary to I
i �
� gut the entire building. Kane noted that the P 6 Z, when reviewing the land use II
�
� impacts of the facility, requested more specifics on the uses being considered. ��
i
Kinsley said that an adversary position is being created between the Board of ��
g
:I
Commissioners and the people supporting use oF the building by the elderly; he �j
y
felt it is unfortunate that this feeling exists in some people's minds since it ij
�• . is not a constructive atmosphere. ;�
Ramona Markalunas, representing the Care Center Couonittee, submitted an opinion ��
poll*�upporting use of a portion of the building as a care center. She asked about
� the status of the economic feasibility study mentioned in September, when a public
I hearing would be held on the matter, and why representatives of their Committee were ;
� not invited to participate in meetings between the architects and planners. She "
�I
mentioned the support their Committee has also received from local churches and
ilfraternal organizations. They are requesting that a certificate of need for an
( intermediate care center be applied for i�ediately and that a committee be appointed_�
to pursue this application. This could be done while construction is proceeding.
Kinsley replied that the report from the financial analysis has not yet been re-
;i
ceived, and suggested scheduling a public meeting on uses for the building for '
i;
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December 12. Markalunas felt many plans would be in their permanent form by that
i�
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• ;i
Commissionera Meeting October 24, 1977 - 10 ;i
**The Commissioners said it was their opinion [hat thia was not
an opinion poll, but a petition. See minutes of November 28, 1977, i�
page one,
_ --- -_.._ _._ -- -- __ _ _- -- _.__..--- -__ - --------____�--------- ---
�
_._ _-- _ _ .___
i
_ . ._ ___._._ ._ ---_ ------. ----- --- -----.� ------------.._.-- ----------..�------------ --
;,.
�. .,
jjOld time. Edwards said the plans would still be adaptable at that time. Markalunas 't�,.•'+:';
5 Hospital =`� �
��Suilding asked what is being done with the beds presently in the building. Ochs replied that 'f���
jl(cont.) r:
the County will acquire most of that equipment, 11ke beds, TV's, etc. Kinsley then
suggested that a public meeting be held on November 14th. Edwarda questioned the ;
li
i! pvrpose of holding a public hearing, saying they are aware of the position of the Care `�
g
i_ �
f'.
p Center Committee. Any final decision on an intermediate care facility will depend �
I; �
i upon obtaining a certificate of need and the results of the financial feasibility study �
�' , for the proposal. He felt a public meeting would be more appropriate after the out- ?
�; come of this study and the need certificate application are known. Kinsley pointed 5
� out that the Board of Commissioners made a co�3tment to hold a public meeting. Child t
i! �
�� added that they may learn of different uses for other parts of the building also. �
�� Duesterberg said he could expand on the preliminary plans for a November 14th hearing
t
li ��I so people could comment on them. He agreed to complete a scheroatic plan by November
�; y
;� 7th so it can be publiahed in the paper. Edwards said they could proceed with a s
�i F
'� certificate of need application which would be cancelled if the financial feasibility +
i' y
� 4
il study shows it is infeasible. Budge Bingham mentioned that the Glen Valley nursing €
e
'� home in Glenwood Springs is an intermediate care facility, and noted that the federal �
��
ii government is working on methods to keep elderly people out of nursing homes. He �
i�
felt it would be more appropriate to expand services to help older people remain in
�; �
�� their homes. �
�� � �
n
� Frrtst agreed that it is important for people to remain
1? p
� at home as long as they can, however when the time comes that it is impossible for �
i �
j them to stay home alone they should not be £orced to leave the community. She pointed �
L �
�' out that the elderly people of the community helped make it what it is today, and §"
�i �!
�; feels they should be able to remain a part of this community. Hildur Anderson added
i
' that the sen3or citizens in this co�munity furnished the money for the old hospital �
;i
�i �.
f building when iC was built and felt they should have some say in ita use. Kinsley
Ii
1� pointed out that no one on the Board disagrees with the Care Center Committee's pro- �
p :
�� posal; it is merely a matter of feasibility. Child moved that a resolution be drafted �
F.
1j �
jI adopting the recommendations of the Hospital Task Force. Fdwards seconded the motion �
Ej and it passed unanimously. Markalunas asked if this includes alloting 54X o£ the �
�1 hospital space for Che intermediate care facility. Kinsley said he did not know what '�
1�
�' percentage is involved, hut agreed to praceed with the certificate of need application. �
i� �
`,
` ---------- K
I� _ M
1�Housing Kinsley mentioned that Pat Tierney has been hired as the new housing director. (
�irector g
�idland The Co�mqissioners discussed Midland Park interim financing with Shorty Lankford. �
`'Park i''
'Financing Kinslep noted that Lankford's cover lettier seems to indicate that the costa of the 3
� t
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5
Y q
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iCo�aisaionera Meeting . October 24, 1977 - 11 ('
� �; '
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,_.---------
: ..-- -------- ---------------- ------------------------------ -------- -
I �
Midland project are inching up. Ochs replied that the monthly payment rates have not changed, �
Park
� Financing but the interest ratea were lowered and the unit prices were raised; this is to allow II
I (cont.) 5
i . . :::for a different financing plan. Edwards questioned the logic behind selling the one-
� bedroom units for $45,000 if they can be built for less money. Ochs replied that ';
i;
� the most adventageous financing is obtained by selling the units at slightly more i
ii
than the actual costs. Lankford discussed the method used to arrive at the bonding
i
Ischedule. Kinsley asked how this would affect the down payment. Lankford said it ;i
would raise it slightly. Ochs noted that many of the earlier costs presented to the
( Co�issioners did not include the financial costs for the project. Lankford agreed �i
i�
li '
that the statistical input used for the $37,000 figure for a one-bedroom unit was ,�
i ��
inadequate; when all appropriate expenses are included the figure is $45,000. ,�
� � 1
� Edwards again asked why the purchase price should be raised just to obtain lower in- '•�
!i
terest rates. He said if he had seen these prices at the beginning he would not have �i
� �
supported huilding the project. Lankford said that the unit prices are not a result ii
i:
of the revenue bonds; they are just pure cos[s. The structure he outlined will 'i
!.i
d
self-support the debt. The interim financing does not dictate the permanent interest :�
�I
�
rate, however the lower the unit cost, the higher the interest rate. It is necessary :�
'.�
� to establish a reasonable reserve fund to protect the County against any defaulting ��
;I
mortgages. The extra $5,000 on the unit prices is to bring the total mortage amounts ;j
u
II
up to a total level of long-term borrowing and to bring up the amount of.the reserves. !
Ii
Ochs suggested the Commissioners need to look at what salary ranges can afford these ��
tl
units; the monthly payment rate is probably within the acceptable range. Edwards `�i
i�
said he has a political problem with units offered at that price. Ochs said the ,I
Iunit prices are deceptive because the monthly payment structure is different than it ji
i ;i
I would be for a normal non-tax escempt unit. �
! Stuller presented two resolutions authorizing the interim financing; one for the ��'
I 'i
( Board of Comnissioners and one for the Housing Authority. This is a moral obligation ;i
r,
on the part of the Board to pay any over-runs on construction costs. She also pre- 'I
1 sented a promissory note, which is not a limited recourse note, and a standard Deed f!�
I . :' of.Trust. Edwards asked if the financing is at 6% interest. Lankford replied that •�
{'
I it is. Edwards objected to that portion of the resolution that states [he Commis-
sioners appropriate s�s to cover over-runs, since it is illegal for them to make
appropriations for 1978 at this point. Stuller agreed that it is procedurally defec-
tive. Kinsley requested more Gime to review the matter before committing to these ;�
;i
items. Edwards suggested that the bank could have jurisdiction to review all change ;i
orders in construction in order to avoid requiring the obligatory resolution. Lankford�
1•
said they negotiated with the bank to waive that requirement because the bank charges i•,
;�
between $40,000 to $60,000 to manage the construction. Since the County is working li
��
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Comm3ssioners Meeting October 24, 1977 - 12 �i
i�
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_ _. _ _ __ _._ -- -- - . -- --- -- _ ___ __.. -- -- ------
-- -�---- ,,
_ _ --_ _.._.--- -- -- -- --- ----- - ---- - ------ -. _ ------- ---- r�r
�1 with surpluses throughout the conatruction process, the moral commitmenC on over-runs �',('.,
i�
II is the best alternative. Edwards said the commitment in the resolution would probably
`' be ultra vires, and i[ is beyond their authority to sign it. He suggested identifying �;
'� a $300,000 sluah fund to be held in reserve, and making a commitment not to issue any �:
I
�i change orders. Fdwards would agree to sign the resolution if the wording were changed '`
� to "we will appropriate" instead of "we appropriate". Stuller noted that if the word- �`
i� ing were corrected it would enhance the bank`s position because the obligation would (;
�� be more enforceable. The Commissioners agreed to continue the meeting to Thursday, �
� . �i
!+ October 27, to study the matter further. `,}
�i 6
:; .
r.
+ - --------- �i
I�
i' 'y��
fl.Fairg=ounds The gzoup heard a video presentation by the Pitkin County Fair Board on acquisition {;
i% of fairgrounds. Members of the Fair Board supported a multi-use, year-round facility ;
i; �I�i that would help build a sense of community. It could benefit environmental interests,
{i 8
�j help preserve the rural atmosphere, incorporate agricultural interests and serve the F
��'; �
educational needs of the eo le of Pitkin Count Larr Dunn
� P P y. y , extension agent, re- �
� ported that people are very enthusiastic about the faizgrounds, and feels fairgrounds
�•'
�f� could help create a co�unity spirit. It could be used for a small scale experimental
jf farm; a horse arena, dog facilities, boarding stables and barn, recreational field,
�; workshop facility and housing for interns and graduate students in horticulture.
�� Edwards asked if Dunn has looked at the Van Orden property, which the County is pur-
f
' chasing. Dunn said he has not. He listed as an example the Painted Valley Ranch,
�`� which is presently for sale. One fifty-eight acre parcel containa a house, barn, in-
I�
�tdoor arena, atablea, corral, etc.; the asking price is $300,Q00. Dunn urged the
�` Board to meet with members of the Fair Board and consider their request at budget time.
1
�Aunter Dave Randle presented an update on Hunter Creek water diversion. The USFS is willing �
�iCreek �+y `
�!Diversion to reco�mnend a higher minimum stream flow than the present 21 cfs, and the EPA will �
I;
j; aupport their recommendations. They are considering a 3000 acre feet exchange with
y; the Roaring Fark for Midway and No Name Creeks. Randle showed a map outlining the �
i; �
� differences between the wilderness area contained in the current bill before the
I � .
I� Senate and the Forest Service's reco�endations. Child noted [hat COG will send a y
1�
letter to Floyd Haskell supporCing his version of the bill. GoveTnor Lamm also supports �
��
4
�� the wilderness boundaries supported by Pitkin County. Randle said representatives of R
j G
�: Pitkin County need to go to Washington to lobby for the Senate version of the wilder- �
!i
if ness bill. He added that if the 404 permit system is adopted it would require a public �
�' hearing to be held in Aspen on the Fry-Ark project.. The Pitkin County Air Pollution �
� Board has recommended that the�area surrounding Hunter C'reek be classified as 1-A, the �
li �
Ii highest rating possible. Edwards requested Randle write a letter to Bill Lorah, of �
1'
(I �
iCommissioners Meeting October 24, 1977 - 13 �
I` �
I 4
i �.
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----- ----- -------------
_ -------------_ ---------- _ _ _. . _._
;�
Wright Water Engineers, recommending he use the Montana method in measuring minimum II
stream flows. . �
�
��
---------- ��
,
� Raymond Auger and Bruce Oliphant were present to discuss the land acquiaition pro- ;�
�i
�
j gram. The Pitkin County Parks Association (PCPA) has laid out a specific program ,j
i
� ... �i
�for raising private funds, and a committee has been formed to oversee this process. �
� The question of the PCPA's involvement in the program is still unresolved. The i
j ;
Randall property has undergone the preliminary evalutation and negotiations and the ;
I;
appraisal; they are currently working on development planning and funding. The !I
Nature Conservancy may be called in to help with acquisition of the land. The PCPA �+
recommends that the Randall property be acquired with the right to sell off one �I
home site to help pay for the cost of the land. Kinsley agreed that the PCPA will (� �
I
serve a major advisory role in land acquisition, but the Board cannot give�them a �i
policy function. He pointed out that they can still have a major impact in the ;�
i�
:1
process without having a policy-making function, as the P & Z does. Kinsley said he ji
r
r
would not be in a position to decide on the Randall property until he has looked at Ij
Ii
all the other alternatives. Auger said they have formed an acquisition list, and I
h
the decision to purchase the Randall parcel fits in with that list. Edwards suggested ';
si
holding a work session with the City to consider 1978 land acquisition budgeting and ;�
il
various properties being discussed. Auger asked to be included in that meeting. He ��
i�
' noted that the Randall deal needs to be completed in 1977 for tax purposes. Edwards �'
i:
said that should be possible. Auger felt it would be appropriate for the citizens ii
il
board to have the suthority to hire and fire staff inembeis dealing with the land ji
U
��
acquisition program. The Commissioners did not feel this would be appropriate. '�
��
Fdwards said the PCPA should assume a major role from the onset of the program, so y
they cannat be ignored five years hence. Ij
I
:t
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ii
The Coumissioners reconvened their meeting on Thursday, October 27. Michael �
i�
Kinsley, Robert Child and Joseph E. Edwards, Jr., were present.
;i
'
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,i
Midland Discussion with Shorty Lankford on Midland Park interim finanring.�continued. ;�
i
Park i�
Rinancing George Ochs laid out a guideline with which to consider what course to follow with
(cont.) �;
' 'thA project. He noted that the lack of cownunication on the project thus far has
:i
resulted in a lack of support for it. Zt would still be possihle for the County to
�
s.ell the project as is to a private developer and recover 100X of their investment. `�
a
The private developer could build the project with SOX PMH units and make a profit. ?j
Ochs reviewed the history of the cost figures which have tieen presented to [he �
a
Commissioners. He noted that just looking at unit cost figures is a deceptive measure ��
''�
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Commiasioners Meeting October 24, 1977 - 14 �
I
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.c{�`:' ,• .. . .. � � �
�
_ __..._�_ _ _._._ - -- _ __ _. _-_ _ __ _ __ ___-----�---- --
___. _ ._ _ __ ._.--- ___.- _ .__.._ --- ---._._ . ._. -- _ _ .
_--. _. _ . .._ --_--------- - ------�- --,
{, .'`,,
I;Midland of the project because interest rates are far more important as to the affordability �:`�:
P,Park
�'Financing range. The first step was to outline various approaches for financing the project; s�',
�(cont.) `
at that time the Commissioners weren't told that financing costs weren't included in {
1
I� the project cost. Kinsley said they should have been told that these costs were not
�' i
�; 3ncluded, and what effect they would have on the final cost of construction of the �
;; project. Ochs noted that at this point the costs eatimated for expenses other than i
�'� �
construction were substantially lower than actual costs. The Commissioners then
!;
�i considered various scenarios in terms of unit size and number, parking space and storage �
" f
i� space. Financial fees were still not included in the estimate. At the detailed sub- �
�; '
i} mission financial £igures were not mentioned, however the in-house fees were added �
I�
�`� to the unit prices. Ochs noted that the most accurate figures to date on actual costs
li
f� of the project are now available. The total project cost of $2,064,000 includes
I;
ij; financial costs and a 5% contingency fund. The only possible items which could raise
�+
4icosts beyond that figure are the cost of obtaining easements, which could run from
,.
�� $10,000 tu $15,000, the cost of borrowing the money for one year, which could be
fi
) $64,900, and the cost of builder's risk insurance, which may be $3,000. The pro3ect
` cost as presented at the detailed submission was $1,958,943; $2,064,000 would be a
�I
' more accurate figure because it includes better defined costs, financial fees and the
II
r:,
�I' cost of borrowing the money. Ochs showed a chart autlining the unit costs with or
f�
j�
i without the tax-exempt financing, and which income ranges would be able to afford these
j� units. The salary range for which the units would be available with tax-exempt finanr i
�
�i ing is from $12,600 to $21,600. Chuck Vidal noted that by raising the purchase price
i
1 by approximately $5,000 for each unit the interest rate is lowered to 7X; the unit
i
�i will still be paid for in 30 years with low monthly payments. If the un3t cost were
��
I� lowered it would result in higher monthly payments and a higher down payment. Harry
t�
I( Truscott asked if, by using tax-exempt financing, the County retains the responsibility
i
� for overseeing financing. Lankfo=d replied that would not be tzne. Kinsley asked if
�i
i� the County would ever be responsible if someone defaulted on their mortgage. Lankford
fi
j� replied that this would be covered by the reserve fund. He added that each $100,000
Ij which was missed in cost estimates adds an average of $3,000 to each unit cost figure.
�i �.:.Kinsley•asked if the County's choice of financing method wouid obligate the purchaser's
i'; �financial alCernatives. To a large extent, it would. Lankford reminded the group
�' , �
that they are discussing interim financing--not nermanent bonds—so the numbers involved �
! could change. This interim financing is necessary because no lender will give a long- �
� term loan unCil the buildings have been built. Edwards agreed that the figures pre- �
4 sented for tax-exempt financing are very conservative. If tax-exempt financing is �
used the purchaser cannot allow the total sales price to inflate, which would not make �
� these units a good speculative investment. Ochs felt it may be possible to allow for ,
�'
I �
i r•
Commissioners Meeting October 24, 1977 - 15 ,'�,
�
I �:
ll; �. ''
�. _ _
_._
,_--— =— _ _ _ --- �—
� an appreciation rate similar to that being used for Park Circle with the tax-exempt i
, financin . Lankford said a rice structure of $40,000 for a one-bedroom, $45,000 il
' 8 P �
� for a small two-bedroom, $54,000 for a large two-bedroom and $72,000 for a three- 'I
- �
� bedroom would be possible with 8y% financing. Vidal noted ehat the total cost of f:
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•� the unit (purchase price plus interest paid) is lesa with tax-exempt financing than �I
� with conventional financing. The tax-exempt figures presented are based on 100% i�
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� pre-sale of the units during conatruction, prior to issuance of the permanent bonds. i�
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� Vidal pointed out that if all units weren't sold by that time they could be rented, �
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or sold at fair-market prices to protect the County. Edwards agreed to go ahead ��
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; �with the interim financing with the resolutions to be amended to read that the '
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� Commissioners "agree to" make the budget appropriation. Child said he felt better !�
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about the project after this review session, but requested that Ochs look at the �i
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� alternative of selling the project to a private developer to see what cost figures ��
� this would '
produce. Edwards agreed to approve the interim financing, with the �i
s i� words "agree to" to be'lnserted in the two resolutions authorizing the financing. �
Kinsley seconded the motion and it passed unanimously. I
� John Stoller said he is representing a private party who would like to take over ' it
� the project .at this point and construct 20 PMH units and 17 free-market units on the ii
hillside. The flat area would be used for a park. They are willing to take the <li
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7 County out of the project for what they have already invested in it. ��
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! There being no further.business, the meeting was adjourned. ,+
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Respectfully submitted, APPROVED: I�
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__- Lta,yStewart, Deputy County Clerk Cha rman Mic e Kinsley ��
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; 8 : 4) f�� T ....;_t�.:'.;.� . - Robert W. Child i�
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Commiseioners Meeting October 24, 1977 - 16 �
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FOR TSE RECORD OF TF1E QOUN1'Y COt�."�ffSSTOPIERS' k0-2�+-77 2�ETII� '�`�`�
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TfiL CARE CEN7�R C��Il�ffTTEE of the Council on Aging has mailed letters to
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iadividuals over 6g ite Pitkin Couaty, contacted va,rious organizations in Pitkin
County, and has circulated aa Opinion Poll favori.ng.use of the old Iiospitai Bu31.dS.ng
as a CARE CENTIIt FOR INTERMEDIATE CARE FOR�VERYOP7E and Residential Care for individuals j
wer 6g. This constitntes the only public survey made on this•sabject. j
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We submit the fo7lowing for your coasideration: � � �
� 1. Ma.iled 318 letters to individuals over 65 asking if they would use � i
Tntermediate�Residential Care: . • '.'j
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To date 15� replies received: l�f$ vrould use � 6 would not use � -
• ' � 56 xeplying affirmatively are over 75 yeaxs � �
old, i
2. Raa a large ad in The Aspea Times with a return coupon Yor coam�ent. .�
' . 101 coupons were returned - compilation is attached hereto, matyy �
� asking full use of the.building as a
• Care Center.
3. Circu],ated Opinion Polls i favor of Care Center, attached hereto are � �
, signstures of `—,['�2�.T Pitkin County residents. We included an ' <�
- age designation so you could see max�y younger people Pavor this use. j
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� 1+. Contacted organizations and those which support. the Intermedi.ate Care�Eesi- " i
� dential Caze coneept and have.sent resolutions and�or letters to the � �
Coffinissioaers endorsing axe: . . . �
Council on Aging '_ B.P.O. �lks .
� R.S.V.P. , National Organi.zation Yor Women., ?
Fraternal Order of Sagles • Li.oas Club , �
• Eagles Anxiliary Kiwanis Club . �
Aspen State Teachers College • . •� ' . •. 3
The Aspen City Council endorsed the recommendation of the CFB Task Force. � - k
The Aspea.Va7.ley Hospital District Board Resolution was sent to the � � �
: � Coffinissioners, a copy is attached. � �
5. Letters from pastors of several churches: . .
Rev. Wm. R. Shannon� Rev. Greg Livingaton �
• Christ Episcopal Church �irst Ba.ptist Church i
� • Rev. Robert Harrington �'- �
, � St. Mary's Catholic Church {
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