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Home My WebLink Aboutbocc.min.reg.09261983 �,a � :�j:,'�� . . .1.".'�'u 1 . - . .. ' � � :�3l1 �ir �1�'r � � � ��,�� yYfi"u"'f `1� Y @"tk r ��.�`�'f+r�'3'��z;,t;�l!� ��,$�� .� �vht��r j 1'irr� �. ''s `�`��'w,(}� � :5e �< .r cg,,,�! •1'�11•. f ,q,�.e� ., F rx. it '�',� Y�l��-�a�� r4 ..� . � .��1�J.��', . �.�i.�+�vl�v�rt K`:j t i';i��a. _ '$� ..s� �'��-j1.,r,� }✓i �,� � � '�^+.'F� �f ��-��,,, f �r f. .h l 1 Sl �✓'N �':'`�,er ,F}F v '�s �rw��] ;'�i^,�` �y.'�ya�,L , alis�ry�'k�it ... ��,1�'i,r'�r+j'r� sr,4,�'i 1', , a ..c.�:�, dm:s�:.�r�a. >�s u.w:�:�i,.!E's:.�,..�..�._ _ _ + _�..�.a'".��.�'�'. , ;�•.. . • - 'i�>.'".i . ,j� ��. @� �e � � � �: ='t • � BOARD OP COUNTY COMMISSIONERS AGENDA ` ��'�`'. � 26 SEPTEMBER, 1983 � � t-' '' � LAND USE e�' 10:00 a.m. Public Hearing - LUC Amend: Sign Code Amendment - Richard �` �� Grice, Planning � s`; ia � i 10:15 Ordinance Authorizing Disposal o£ Interest in Mining �! � Claim Continued - Wes Light, County Attorney `� �i 10:40 Break '^� �i .. 10:45 Public Hearing - Redstone West Subdivision, General �;• t Submission - Richard Grice � !• � 1Z:00 Lunch Break E 1:30 p.m. Public Comment s� . �.i p:z.. � i� ADMINISTRATION '`}� ' •, f;y 1:45 Resolutions and Contracts 41 i;"q Minutes �„<< , . ,;� Public Works Buiiding Parking Reduction - Richard Grice �,�; �� LUC Amend: Liquor Store in B-2 2one - Richard Grice �� ,� 1983 Development Allotment Allocation - Richard Grice � Cochran Additional Dwelling Unit - Colette Penne 3 LUC Amend: Satellite Dishes - Colette Penne ;, ` �� Public Record/SpeciaZ Events Fees - Loretta Banner �. ��',=�. r;.s; .i •:'-',g LAND USE 1983 Metro Residential GMP Applications � �� 2:00 Public Hearing - Lewis Residence 1041 Speciai Review - �� .� !Y�7 . Richard Grice � �;� 2:30 Public Hearing - Owl Creek PUD, General Submission and Special Review - RiChard Grice Y; �"' 3:00 Public Hearing`�- Zoline Foundation PUD, General Submission - - k'"� Richard Grice �� '`-' 3:25 Break j'� r''� ADMINISTRATION � L" � ��" 3:30 Public Hearing - Sam's Knob Restaurant Liquor License - r Lu Hansen, Deputy County Clerk '3�" 3:35 Public Hearing - Elk Camp Restaurant Liquor License - Lu kansen 3:40 Public Hearing - Cafe Suzanne Liquor License - Lu Hansen f 3:45 First Reading • Supplemental Appropriations - Tom Oken, Finance Director 4;00 .7oint Meeting ;' FERC License Agreement - Mark Fuller, Environmental Coordinator Transit Authority Intergovernmental Agreement - Curt Stewart, County Manager/Wes Light, County Attorney � ? ��, i, .;.,,; , . `f;��'�, '�. ';_ } W _ t'� T (. . , 2+��;i_, l��'.,��;�i��Y' lh ix1,�1F`,C�� '�.l7{>�1�p��:�y\ : � oi`rs a-`ti.' a ��'-�aq ¢yµiy,,,,.� ��e��.�"C={`$.,��.7-�y RC {,'�-j,y� j:�� 1`,% E:, �i i S i�'r(, i . !'?Y�"`'i.�1�..��l��Y�i1(�'kDfi"H7l�4.'�1w' u�7da:.{:.r�'�:t�"S�"r"' :'"rYe��,_��n�`#'S.��vs��:�.�.�e4+� � . . i� 'g}� ;f:T:.y ':3! i`;:. g} ; ;,;:- ��?�';�� ( ��:�1 ��. �, �:�� :�� ;�: - , .. Fn�� _�� i �'+'^Ak: y�'^�"' PSTKIN COIINPY %__ f�:' ;"�i: BOARD OF CO[�IISSIO[�RS 6,.``�'w3 ��k c*;;` :g'�.=.�. . - � b�.'.' ' I�..ti� f-�t`. J ' ' RE�GULAR MEETING 26 SEP'1'F3�ER 1983 - u�.;t ,� �RESENT: GEORGE MP,DSEN, THCMAS BLAKE, RCC�ERT W Q-IILD, MIC��IAEL KINSI.EY, HEI.EN KI1iPIDERUD t ,`� ---------- - �Y.-`�;,'Public The Board convened a public hearing to consider a praposed amendment to the Land a�.'Hearing: • � •�LUC Use Code with respect to the Sign Code. Placuier Richard Grice submitted to the record � � , pmenfl . �'Sign the Planning Office memo of 22 August, 1983, the Planning and Zoning Comnission - ✓ �:.'-'•:�Code s: ;?':� Resolution 83-15, and the Land Use Code as amended to date. Various amenc��ents to ',1 the Sign Code were initiated by the Soard o£ Adjustrnent in an e£fort to strengthen 4 � ; , .,, �;j and clarify existing regulations concerning the size and brightness of all signs, t ��1 x . p� Specifical.ly, the amendments would preclude the use of high intensity light sources f�... P�'_1 � .•� such as sodiwn/mercury vapor lights such so that only indirect lighting would be �' ; i , S . r 'i allowed, establish a total wattage limit of one hundred and fifty (150) watts for ��.=:�1 watts ¢W �i incandescent bulbs and eighty (80)/for flourescent bulbs, reduce the size of signs �S �r� along Highway 82 to a max:i�mmi total of s ix (6) square feet (the limit i.n the relnainder r,t: x-.�: . '�``'� o f t h e C o u n t y w o u l d r��n a t t e n (1 0) s q u az e feet total), and finall y establish r� - ' �:�r; �='�`c � _:> : �� a limit of one (1) sign per principal use. �� i�=. rW� The Planning and Zoning Coim�ission considered the amendments during several meetings _ `�i ��' this year, and on 16 August, 1983, recomnended approval. The Planning Office concurred with the Ca�mission and recamiended approval of the aa�nchnents as drafted. Madsen then opened the hearing for public cam�ent; there being none, the hearing € was closed. ,�' Blake moved second reading approval of the various amendments to the Sign Code as � :� ` :g ;P; recoim�ended by the Planning and 2oning Camussion. Klanderud seconded and the :, a a m�tion passed unanimously. . � i ;� Camni.ssioner's Meet;ra 26 September. 1983 - 1 �'.Y�.��w � �,`= =a I _ _ _.,_. __ i ..,,�..,...0 �, ;;�';ia;:; � � , / }� -1. N:-" � c h,k.�;.. !� � .��`�e.� � E�1�. ' S. t ��.� . yl'�7}l�:►Jd�s��4 Y�' . r�--.. ._ ' �� .i�.�c,T�h �' � 'n,/- z �+ ��"'h.�t � ..._R,:w.r� a .Ss,s�.. .,...:G�� .�.d�rx,S:.1Jbr ti . .�..��i.., _..'._yc_�s.,� 4.( 4�' . 1'S.+,:9..�. ��'. � t C •, ..Y ;.';'_1 ;;:;{ Kinsley noted that the existing Sign Code allaaed for one (1) sign advertising Fg i;;.:F the sale of agricultural products produced on the pr�nises, providi.ng the sign 's::;� �s,;y'.� cacg�ly with the size limitations identi£ied in the Code. This particular section ��.:. .�,;j does not, hawever, address the produce vendars along Highway 82 whose products are j ��:,_.� _ i.-'•", y, not produced on the prelnises. Kinsley suggested that the Boazd review a possible '�•;:' �' . F �-. Code �nenclment that would pextteit signs for thase tmiporary uses that sell � . +.�s agricultural products not produced on the premises. The Board generally agreed to � �'� review such a s £ p'_ti propo al although it was felt that such sales should contin� to be �.,.1 �K! �� limited to agricultural products produced in Colorado. Grice a�eed to draft such an �=- f`;;� amenclment in conjunction with the County Attomey, to be considered during the i[�:' j,�. subsequent meeting, �:�„ . , ,, ---------- :j�.5±r�! . n`;;.� {��,:1 ..:_, Silver- County Attorney Wes Light introduced on second reading an ordi.nance authorizing ° brick - '° r'�w! Mining disposal, by Pitkin County, of a fractional interest in part of the Silvesbrick Lode ..;r .Y�;;,,,, CTaim . `; Con't Mi.ning Claim, in the settlenent of ongoi.ng .7itigation. Second reading discussion was iF•;(:''-�I . ��<i continued fran the previous meeting to review a proposal submitted by the plaintiff, R � Jim Hlanning, concerning the use of his portion of the subject claim. The plaintiff �; �<;:='.?' ti;��;= was advised that this issue would only be resolved in conjunction with a review of '. #rna ,;;;�` othex mining clain�s whose ownership was fractional. As this review would occar over ;,'+ the period of the next severa2 months, it was not considered likely that the proposal �' . �Ei;:�i submitted by Blanning would be resolved in the near future. trf;:�:° �'�";i Light explained that Blanning has since requested that the Board act on the ordinance ,� �;� alone as such would provide the Soard with the authority to resolve the title to ... � ; subject claim; the issue of its use, hawever, would be addressed at a future date. ; ', •� i E�. eLight noted that the ordinance would establi.sh the Board's authority to create two �� ,k?_,:i (2) separate parcels on the subject claim; the parce]s would nonetheless be subject �ir -�': r � � ;: � � to graath maz�aqenent. Ff� �r� �# ; ""� KlandPxvd moved apprwal of the ordinance on second and final reading, Blake ?� � (r..• �::.�. �-�' seconded and the motion passed unani�musly. %' t�„- i��'. ��;. ---------- � .. ? Public The Board convened a public hearing to consider the Redstone West Subdivision, a � Hearing: •.�.'�-"� Redstone general s�bmission application. Richard Grice stilxnitted to the record the c�lete �",;; West "t, Subdiu general submission application, the Planning Office merta of 26 Septen�ber, 1983, :� ��i the Planning and Zoning Comnission Resolution 83-17, all referal camients, the Land �"c. i '�t Use Code as amended to date, a petition in opposition to the application containing ti., �:� sixty-six {66) signatures and dated 18 July, 1983, and seven (7) letters fran :��. ,°, Redstone area residents, all in opposition to the application. Grice explained that �� i e�� , '. Catmi.ssioner's Nleetin9 26 Septeniaer, 1983 _ 2 ` �t�;;� �.., ti; w;�`I:»'' , . � � ��t .� f�S"�a j' �Y��.xs��^'�,�� N+ 3 '.,'` < ��.�k+ �-y(��Y�4yX �il�� f �` _� �r� �.�£�•X �x . ;� � ��,Z tS��,��,s��.'� ��1y Ky,arS ��+1 t�,t f�� t ''�,�' : tt�ri�'+r�� iti ;•, ��r' .s. , y� �t•�y�tj`t � � i., s��y {�.��pjF b�" .t� r f +'r r � 1 � G E �� j� tr�Q�v�4 1 h L�i f�{�iy�'a'� yr�, r�� b Y Tr,��, �.. �c' � ��f'n�r-�Kt �� `� i k ti''-{7. Ff 3 �'.� � x'� » v+.k;'t � � � .�-�..�r�r.. ,.�....,�:r !n �� .#. '� ,4ih'S+T'-i..y'� �r�> r.� .r'� �. �v�x'.:.� -�6.:e��r.::;°�v�t.,. .. . t:S'1-3 . .. ..�.--<. .. :__._._. _.. ., _.__. �. 1!. � � f ��'-!:'� �-'._:.°� he was recently contacted by the applicant, who requested that the application be 'i�*_'� tabled until the subsequent meeting. He suggested that the Board provide for public r:;:..: � � ca[ment today, and continue the public heari.ng until the 11 October meeting. � '; k ,-j ; r :� Medsen then opened the meeting for public cam�ent. There being none, Klanderud �.; � �y ... � moved to continue the hearing to 11 October, 1983, 81ake seconded and the motion � :,x y<;. c.f.•:;,, �>";. j�� :,, passed tmanimously. � ��";;r: �:c,:�i.�`' --°---°— �r%r:,�� ;.s:w;MAA County Manager Curt Stewart introduced discussion on the special review application �"`��a Special `f"':'t``� Review recently approved foz the Music Associates of Aspen. SpeciaZ review �roval was �;...,,. ;,•,:.;. �".,�`` granted to provide for the extension of water/sewer services to the MAA ca�us on __� 'rr�'�-;'i � "''� Castle Creek Road. Stewart explained that, subsequent to Board approval, the tr`::; ;?;��:' ' applicant deviated from the texms and conditions in�osed as follavs: several trees - n�'y"' �:'%"' were rgnoved, a County road was disturbed, a parking lot was established and a new �`"'`± road was constructed to the cacQus, none of which was represented to oz reviewed by e� ?i the Board. He suggested that the applicant address these inconsistencies, as weZl as F � � ,4.a �, the reoonstruction and maintenance of Castle Creek Road; the application was approved v �� { subject to vazious conditions o£ record, one (1) of which rern.ired that a road c ; �F i maintenance agreanent be entered into identifying the obligations of the applicant . �.;� � .r:v. � = with respect to the reconstruction and maintenance of the Road. Construction has i '�;:`'i already occurred although the agreement has not yet been drafted. k,.'-i.;� ' Jim Flood, an engineer representing the applicant, explained that the sewer ��4f �� - �t, c��:.� extension i�rovements identi£ied in the application originally provided fos a � .. :':F='�� siphon system. In the course of designing the extension, it became apparent that a Lr ' y� : ,,,, :, gravity system could be implemented instead, a faz s�erior system that would rPzliYe _ +� significantly less maintenance. The applicant decided to i�lement the gravity tb ` 4 �"�':'� s stem, an action which necessitated changes to the cairg�us access road as follows: ;:'��" ' Y f r� ^ `, the road was realigned, elevated by approximately twelve (12) feet, and widened f �.,—...:... , r�.' —,. r� • ' �* ; significantly so as to provi@e sufficient roan for both the sewer and water lines. " " �{ ;�1 `Phe parking lot was added to provide adequate depth for the lines; approximately ��':;a� 3 six (6) feet of fill was provided for the parking lot in an effort to protect the �►�'?{`�� '`�'° lines. These unanticipated ireg�rovements necessitated the-re�mval of some trees, r� . s� ,,..,, although the majority of the vegetation was not disturbed. Flood explained that the ��.�,�,.,� +�� .; it�rovements program for the MAA cartQus approximated five hundred thousand dollars �,� 3 � w, ti, , ($500,000}, and that such was to be acc�lished in a very short period of time. b r; He did note that the applicar.t erred in not obtaining County nP„r,;ts for the changes �1� ts;`;� noted abot�e. �"1"� Y,'�.;. (;��-�,..��.. `,,.:�>r,: J.D. Muller, an attorney representing the applicant, explainefl that the changes y�Y..: L.. �:��=��7 ��. �,.�-�� 1J .. .f.' • �,��'�� .`-�^-��.��;� / � t ,.• "r.f��M��'��f� � a 4 f� �, a�. -r S,r, .. ._..,..u�.a�^', '� e Y.;._��t�:f..K.'.F..'f:.._.._ ..... _.o..�L.+..��.y�_.�. ..,X..�r..e��.`:4��6�_,.._�cSy.A.,a.�a�l...._.�z,;..� 1,�..�v:!r.fy' �"�''•e y`�� - I�:T .�. , `i , , , '� noted by Flood were not intentional, rather, they were made in the course of �a '�j construction upon a detexmination that a superior and moze cost effective syst�n � ,., ;� could be i�lemented. Muller submitted a draft agreanent that +�rould address the �;r � changes i�lemented by the applicant in the absence of Board review, as well as the � , 4y ?';,1 reconstruction and maintenance of Castle Creek Road. The agreeirent would obligate ;4; f;� the apglicant to receive special review apprwal for all variations fran the original F appLication, revegetate all di.sturbed areas, recor�struct Castle GYeek Road, and � t� �r others, � Wes Li ht lained that the a eement would authorize the licant to disturb :��: 9 � 4r aAP �.�� },' Castle Creek Road and obtain the necessary County�*-n+;ts to i.�lement the extensions. a:�;;i t,��."�� The applicant would be responsible for maintaining the Road pending final repaving � �w'� and wauld inde�if the Count acc�ordin 1 Li ht noted that the Count road which i;�%� Y Y � � 9 Y• 4 Y �,,y . � provides access to the c�us was realigned during the course of construction; he �' Y suggested that applicant vacate the previous a2igru�nt and rededicate the new rL`� ti_;�'i '";� aligntnent. �:; , i,'`;'`; Curt Baar, Chairnian o£ the Board of Disectors of the Rspen Consolidated Sanitation a.:;'.:. !`'` District, explained that the District has agreed to pay for the extension of the u`:,�;� ��j sewer line to the ca�rpus, The District expedited the annexation of the campus property , i �.;:;; and has already awarded the bid for the project to a contractor. Baar requested that t. ;; the Board not defer the project due to the variations initiated by the applicant � � ; during construction; as the District has agreed to pay for the sewer line extension, ''� ;i,°'::.f.; •'`�:;� any delay in the project would result in a higher cost. �.�.�,*� Kinsley expressed so�ne concern that a parking lot was constructed on the property; t:' ;:� �j it was not lmavn why the parking faciZities taere e�anded given the level of bus �:: �"'=:i service to the ca�us area, a service which is acoacg]ished at significant public � '� expe.nse, and there was sare concern with its location within the floodplain and � `� ';', � , , .. its irtQacts on the riparian zone. Kinsley noted that the Board agreed to shorten the r" cK�-':r::;�� ','�,':.. ' review process so as to expedite the approval of the application: given the various � . i � �� i changes initiated by the applicant, however, he cautioned that it may not be �i" ��F }. ;�„?� appropriate to hasten the review process �n future. �c 4:�.:•: ��:�?'��' Blake then moved to authorize the Chaii�an to execute the agreement with the MAA i�a. • '.f�'3,,.... :z�'��,:�. subject to the review and approval of the County Engineer and Attorney. Klanderud ��{ii� ��, seconded. She expressed sane cancern that the realigrxnent of the access road, an `,'�;: 3,��,: �'� action which resulted in the disturbance of various mi.ne tailings, may pose a health ':�::c�; ��'� hazard for Countzy Iaay School students. County Engineer Pat Dobie explained that -:��-;:�.' the tailings were not utilized as fill for the parki.ng lot, and that the applicant ;�Y�� , 1"v.:r _�'�_• has agreed to revegetate the di.sturbed area in the im�ediate future. He did not �{�r r. �+"��z;rt� ��.�, Ca[missioner's Meeting 26 September, 1983 — 4 t;,';.�'��r". . �� ::..:::� ;�, Y :l y .:•J�f�K�. � �� „kyF'x;� ._ �'cs's �r� Si. � ,r_° i� ' �'aS��a�+ .`_.. X��-,��f . ( 1�t� ` Jy' . =a"��,1'`,� �, {i�!S a t } a � �/.+.f 1-w .�r.'4 e,cr � i, ,, a r �� > �-'� ��r�l�`�,g��5-�vj�jk N^t�t' y��?,J3i Zi� �,� Y��' , 7�� J��r G„�,�-�.� ��1,t,�WY,�iJt f3 � s r.. s� y`-r S R �C c�f �F 1 Y �k :.CW.rt tf'..+C�� 3:��,T 51f i'., . . .1.._...l.�11,�W�...L..�"r�.�i!?i.��.�.M1.�t.....�:.�11. �:�.Hi _.�'.,�" �,.�. .,a`�S'M,A!<1.b ks:r�� t� .�?�. � ;f �' ,, �'`` � feel that such would result in a hazard for the students, althou h there was some :,�:.f g �!i:�� potential for soil instability. ,>9 ��`7 The motion initiated by Blake passed unanimously. 4` • �� _ --------- ��.' 'tl'�� Ashcroft Kinsley explained that he traveled to Washington D.C. last week to discuss a � F r; Land � �� Exchange proposed land exchange with the U,S. Fbrest Service. Specifically, the Nature � �3 t'�`;� r ��,•--t� Conservancy has proposed to purchase the Ryan property, situated in the Ashcroft lr�-a s°,`,?;3j area, and exchange such for a parcel of Forest Service land situated in Woodland �,c, iri.� j-.�� Park. The Conservancy reviewed various federal parcels that the Forest Sezvice 4'�`ti '��iiii #�� may consider appzopriate for disposal, and settled on the Woodland Park parcel; :r-:>. =�:;?'� ,,,�<j the subject property consists of approximately four hundred and eighty (4$0) acres a";':tii - 'r=,>� of dry rolling terrain ccx�letely surrounded by the Town of Woodland Park, The ,,,, " '�''�� Conservancy has proposed to purchase the Ryan property, give such to the Forest ... 'ii:�'�.'` � - Service in exchange for the Woodland Park parcel, and subsequently sell this latter ��:'� parcel to a private developer. The Woodland Park parcel was considered appropriate i.;;;::;� u�" ,� for disposal as it is not contiguous to any other Forest Sezvice lands; the parcel t-- �`�='I.+ was representative of an urban pazk owned but not maintained by the Forest Service T�� `�`"��' and vsed almost e�cclusively by residents of the Tawn. The Town was afforded two (2} : �._.._..:,� � opportunities to purchase the parcel, both of which were declined. Kinsley felt that �` m� ' the purchase of the parcel by a private developer for residential and light industri.al � '' 'i=.;:; uses would serve to improve the property_ The Tc�wn and Teller County could also `:�-� �=� rerniire that a substantial portion of the garcel be retained as open space. ��a: � '� Kinsley noted that the zesidents of Woodland Park have requested that IZepresentative �z;` ,.o-ti,.;5 ,.., ��_.._.a :!: '"++�1 Kramer defeat the proposed exchange, Although Kramer has not taken a position on t . + ''� # '- .*,'n': ;�� .;t: the merits of the exchange, he did request a four (4) month delay to allow for ,. ��.: �t . �� a survey of the Woodland Pazk area. Kinsley eacpressed some concern with the {� - ,�M: � . :'��si S=;c:.;:•-�-. {'c:,_ objectivity of the survey as such was limited to the Woodland Park area and as � � �"' 'y neither the Forest Service nor ti�e Nature Conservancy have been afforded an �- �g �� opportunity to submit a presentation on the merits of the exchange. Representatives �` Schroeder, Wi.rth and Kogovsek, and Senator Hart support the e�cchange, as does the :�� ";.�. Forest Service. '"r The four (4) month delay initiated by ICramer was due to e�ire on 17 October, and �i�'. there was great concern that any further delay may i�eril tk�e exchange. Ki.nsley f�:Y �„'' felt it crucial that Republican representatives at both the state and federa]. levels !*ic:�`l�� : �,��;�!S be contacted to support the land exchange. He acknowledged Ryan for his contributions �� to the canm�nity and his cooperatipn throughvut the exchange process. , ,:L� enxt'a� ';!.i•. '_"__'_" � �±�5` +s1.Tw:�1 . ��,"•-cl f,.��~', ?6 Sept�er , 19 63 - 5 1•:-.;;.,Comnission�'s ting " :�,< , - •!�',•t,,F�� '"M . .. p 1 l `l' S _�t 4�a�i T}1 k ti• ; ?4!k L��j` ' � � „! 4 �f)YeM� j � a�ry � y '�M � :1 J�Y ��l � 1. L�F -t ) , . .I��d� .S��.".7'q �4�� 1 14 � J,,��: �r f f� 44 C�' A� 4 ! `S f jlA�, J {b- aT�irt i+� M �`�4-� ;ry�. �r r�rf�I tj �4 � S � �k hY 1 :� �` + ,�'�,'_{,�a!,Rr. �,3'�Nt. ✓.��ia�r -t� �'Y�y��'� ``t� ��}j � ��3'� �r f�'l3 �L r�,�.r k f t� r!`��"'' !1 .{ �� .;,S,ay y a��-S�Sr�y� <W�'��.��{�Z��,1�. 4C�".a -�+'�T �Yy�,'��:Y� t r�4.S��'�'i N.:. N'� tr t�' ;,�!_,,,�,..,:+A� ��nl,i „ .J`Ea,;.r�. ,�._.�� .,� _1� i ✓ y�. �s�i_.,._„� .�_... �_,.._ . .� . .._._. � i i �;. � �;.: '?->` � Public Edith Hol}roke, repzesenting the West End I�rovement Association, discussed �i �_ �. - Co�ttnent ;:;�_' � Ruthie's Restaurant. Holyoke was ooncerned with the visibility of the Restaurant, „z:- � particularly from the West End area, and she asked that the owner of the facility i landscape the site with berms and major plantings in an effort to reduce its visual � � � ' vulnerability. Y - .�,-,„, i �, '� ��«'`;: George Vincenzi explained that he had reviewed the resolutions granting the .,,,,;w.;.� ��:�_- t�'� Restaurant special review approval, and that there was no condition on landscaping. ,��.� �'�-jfi...`"^ . .. `�'�`�: Vincenzi contacted both the Forest Service and the Aspen Skiing Cottgany to discuss •Kr.�;_. i��ii; in:'"' screening measures; the foxmer indicated that there was no rern,irelnent to landscape S�•i��--�( . ��,� �� and the Skiing Cac�any did not plan for such. He alsa di.scussed the screening of �`�{4�; the site with II�vironmental Coordinator Mark F1�ller; Fliller explai.ned that he had � ;:� . {� reviewed the original site plan for the facility, but understood that the building 1' ��: had since been m�ved. A reassessment of the visual impacts of the building subsequent � a to its relocation has not been acca�lished. V9ncenzi requested that the Board review : ivf �''��':`;J the visual in�acts of Ruthie's i.n conjunction with the scenic policies of the Land `";�`-.,� '� Use Code; the restaurant was very visible and should be screened. � � �`�:,,�>.� Planner Colette Penne understood that the approval of Ruthie's did not rern,irn '. ��+� ` a landscaping plan to screen the facility; the only condition on visual wlnerability v isrvolved the submission by the applicant of a lighting plan. She agreed to review the :� �' various approvals for the Restaurant and report to tYie Board accozdingly. r� -a �- 'I uf� Madsen asked that the Planning Office contact FYank Lerner to detP*+*��ne his �„Y; intentions on screening the building. , t (^"iry.f� . -_ . f .�.�� ----- .� . � ::t; ,� . Child noted that the various Assessors throughout the state were recently reviewed �,': to determine the accuracy of their reappraisals. Child ca[mended Pitkin County � . n � �.. '; Assessor porothy Mikkelsen and her staff, as her reappraisal was felt to be the � r �` `� m�st accurate in the state. � t t 'i ---------- � .��. �<, lk"� _ ��"'` Minutes The minutes of 25 July, 1983, were reviewed and �proved as artended. ��`�r ,. ��;� ---------- �-�� .:: �r� Publie Richard Grice introduced a resolution granting a parking reduction to the Pitkin �� Works �.,=�;. �j ` Buildi.ng County Public Works Building. The reduction was the last stage of review for the �'�; new facility, which was apprwed as one (1J building for both the Colorado Department !�L� al of Highways and the Coanty's Road and Bridge facilities. The Board previously �{.,� , �+��:, ca�mitted to purchase additional acreage for the facility, to all� for a ten (10) '�i� �k?.j acre site. 1;'<z. �j Child[roved approval of the resolution, Kinsley secondecl and the motion passed n.: 'f�"5tit �,-.'�3',y`,.`� �•`'�:,;Comnission�''S tin - �� _ _...� �. ...._____. . _ r _. .'�';� ' . . . ^��.1 � r �',T n � + ` � .. ��, �M `:1�� . ��..j/�t� '?��S�5��n � '�� ,�r �L 1 ih4X�ly��4 ., i{^ i}Y .u7x ��' �x-'Fc'�'a �Tln Fi�) J `�a.. . .w F ' � � s,w ,e 1 x � s FY a ''�t 4 .t,c '��f- ��,y s•, ;;'i7 �c .��ry +..�e_ +.� i `�r+-"f �I, c"'�t��j)`��°.'c,�ySr,yS.�t �4Mt'J�-.� v��:� M1�•'�:,` h �'- ♦ E ��:� �;��, . �-i.��.Rv.Y�C'�.,a�:r.t� !S'�'�=aXt�k[SJK��md�i''';,�-��.. .,'.r� ��;.:'��. �� [,:A"' a��.�%.:.....n�:.v� ,y ,�; .. . unanimously. i LUC Klanderud maved approval of a resolution adopting an am�ndment to the Land Use �• Antend: �;:;r.::�, ,- Liquor Code petmitting liquor stores in the B-2 zone district by special review. Child �;' �"' Store jp :s�;:•!`: sewnded and the motion passed tmanimously. � � ---------- �,._ - a.:.,i 1983 Rici�ard Grice introduced a resolution allocating develop�nent allotments for 1983. �' . bevelop }_ Allot The resolution would award the three (3) residential Q� applications their allotments i as ranked by the Planning and 2oning Comnission, while providing an additional eight � . (Sj units from the 1984 quota £or the Zoline Fbundation application. Chi1d questioned the reference to the Zoline Foundation appeal within the context of the resolution. He explained that he agreed to award the additional allotment ' �''` on the basis of the Land Use Code, and specifically Section 5-510.3(b); this section allaws for an allotment from future years upon a dgnonstration that a pmject is not othexwise economically feasible given rec2uired improvements. Child noted that he supported the award of a multiple year allotment on thi.s basis alone, and not because of the appeal. He then moved to appmve the resolution subject to the deletion o£ those clauses concerning the appeal. Blake seconded and the motion passed with opposition fran Kinsley and.Klanderud. "k � � X 1�Cochran Kinsley moved approval of a resolution 9ranting special review appraval for the ,Addt'1 Ikae11 Cochran Additional Dwelling Unit. Klanderud seconded and the m�tion passed �. Unit unanimously. , f LUC Planner Colette Penne introduced on third reaciing a resolution amending the Eand Amend: Satellite Use Code to require special review for "Satellite Dishes". The resolution provides ;Dishes for the regulation of all such reception dishes in excess oE two (2) feet in height ' � � : while establishing a one-step review process before the Planning and Zoning Comnission ��._,.,.., ;.. _ i at a cost of fifty dollars {$SO). h:'' •' � ': Translator Eng.i�eer John Dady explained that there are no regulations at this t9me r`.': i to address the envirorur�ntal and visual i�acts of satellite receiving equipment. ; i iThe FCC regualtion process only rern,ires that an applicant address these i�acts in � the event local regulations mandate such. Dady supported the Code amencLnent as � drafted and considered the two (2) foot height limit appropriate. � Wes Light r�oted that the am�ntLrent was changed on second reading to provide for the regulation of "other-shaped" reception/transmission devices, in addition to dish- shaped and parabolio-shaped devices,This addition would prc�vide for a cor�rehensive � Catrnissioner's Meeticig 26 Septenber, 1983 - 7 . , ��:�ty';M�wi� � ' - r �� . ., . ��j .. . �'1F Y( �� } q,. . ) � �4� , �/y"a ., `.. . t ZGIy ` SYIT V � ��% �4 J 'i:. .. . . � .�}{3q�p��y�� k* . �� tE,�,�>i:� c a�4�.�. . <w.: n} �j , � ��p�,�xi i��''{�^"��y','':. .�, dtrlx',s44dU1.�l��.d'.71.SE'..:1'�iir i::..L��.�la��'r:3 Jn . ' �d.�.1lSY....Y^=._.._''a�• 4 �.1_�SA'�..��.,.;.^3....�1.._:.IN.�rw �`.i � � >-,':� regulation that would enoonpass all such devices, including microwave equipment. ��'�;'• He noted, however, that the two (2) foot limitation applied to the di�neter of such ;3�,,.:".i equipment, a limitation which was not considered applicable to rectan' rrn�ar dishes. y;,"'; �.��-' He suggested that the height limitation be deleted, and instead that a four (4} ' ir':'�:;, �.`• ,�:,: !;.:: `�`:..'. square foot limit be applied. , � ; � �. +'�x ? Sandy Somers, representing A-1 Ca[trn.u�ications, considered it unlikely that the � : i � � �r y � newer techrmlogy, and specifically the smaller satellite dishes, would be available � ��f,j `r J kr"r�>.=7 in rural areas such as Pitkin County until 1990; it was anticipated that the smaller ' i�'V• 4r�'�; reception dishes �uld Ue available by 1986, although they would not be able to :4;ji� �=-±'? function in the rural areas until the early 1990's. Somers did not feel that it was s::,.;,; �t<i'...� LLL�%� j'.i�-�f�; appropriate to limit the regulation of dishes to a specific size, and he suggested fsn'�`i kr%V�4'-.•1 ,t;^_r;a that the Board either adopt an amendment regulating all di.shes regardless of size C-;::,y - 's�`'�`��t or delete the re lation alt x....F gu ogether. _ ��' - ��, . Blake then moved approval of the amendment on third and final reading as �nended _ � .i be��,: �'� - a 'satellite dish receiver' means a dish-shaped, parabolic-shaped or other-sY�ped ' reception or transmission device, which device is rtnre than four (4) square feet �„ ,` in size, placed within Pitkin County (including devices stored or te�orarily �:�r;',?: placed for seven (7) days or more) for the reception of signals originating fran �"+'��. satellites �, '�` �;e:°` �;.:•,•:z: Klandeivd seconded. Chi1d suggested an amendment to the resolution that would mandate a revi.ew �'� �r, ^'q of the regulation within one (1) year of its adoption to detP��ne its effectiveness. � .+ .y Blake amended his motion to include such a review, Klanderud agreed, and the mqtion � ?�t;� as amended passed with opposition fran Child and Kinsley. �.:.x_-t , ' ��.-,..� , I:,:..,' � . �{ . ,..., ------°-- � e �Public County Clerk Loretta Banner introduced a resolution establishing fees for copies � '.�� Records � < �` �Fees of public records in the Clerk and Recorder's Office. Fees were Iast assessed and ` ; � } �� '+ set in 1478, and inflation i.n both supplies and maintenance rern,ire that some of the � <, r Pees be increased. The resolution would increase fees for copies of plats and y ' � ` �;? , docimients to the zate established by statute, a rate which has been adopted by all � � .z*..,`: ��`�" :f:r; �.K,-s:�;-. other CoZorado rnunties. The resolution would also ing�ose fees for special events :!��;�; `�`' liquor licenses consistent with state statutes; these are no fees for such licenses •.,+';"�i �. �y:_; .;°,� a!%�� at this time, although local licensing authorities may assess a fee of ten dollars r�, �'��': � )��.#'�. ($lOj pes da for malt bevera e licenses and twent five dollars ($25) r da for Y 4 Y- Pe Y .J "�''�''� malt, vinous and spirituous licenses. �� } r ;� Madsen noted that most of the special events liquor license applications were ,....:i ��:•'i submitted by charitable entities, in which case a ].ocal licensing fee was not ,:�.-� '�`�,° considered appropriate. ��'�a ��."r"zM'i:� . '':�i? �t ,�i�,�;; Ca[en�.ssionex's Meetinq 26 Septent�F� 1983 - 8 t`',:�r:y•t�;;Mr 1• -� y+ . 4,,�� . • � Y�1MN,l � .�� a � K 3 rif�r��•s ry +3�M j`,3� } �t� {'r`� �fti�... � �.� a4,,�'�-+�t�,�SgY�� 4 +j fJ�y,a;!� � � ��'�",{ "�`ze Q�yr,p�t'�e n �'�,,{/��' ' i i }�r r r j i -:t *�rr .��}�� KN��F'^v�t� ��r� h4Nra.{+� 't ��44��Njr,t�! �� Y *s ��Y��F�/r � t S i 4 t ��, `� N ,P��'kR�, t�VAt "� }�r,, G�r > 3"','kwPl. " y�k`v��`ti �t''�f t�,�:,,>p�� _ .,w-S" ,� 3 r f��T��'#�-X i.� 5 h 4 Y � .. .f � _ .. ., . s ...Yr_'.�1..,.w_ a.w.k��i�.<.L a„s......t:P�...:LC. ��'.G...Wuir+,. ,..._ ... . ... __. .. . . . l � : � '�'� Kinsley noted that the daily mi¢ofilm bulk rate fee for the title co�anies, ,.,;... , ',- set at one hundred and seventy-five dollars ($175) rcnnthly, was not proposed for an :i.s`��:.'"'<I t+;_:''I increase. He suggested that this fee be increased to two hundred dollars ($200) - ir>=:':._� �: . ,;a,'::' Lr_;�..� �.;;:;_�y monthly. He then moved approval of the resolution subject to the increase noted � ' � � ��„ ? above, and furthes, subject to the following �nendment: a CoLmty fee of ten dollars � ` �� _ �._, . r� :� ($10) per day for all special events liquor licenses, includirg malt beverage and i ;z:,.,.� M��;_:� malt, vinous and spirituous licenses. Blake seconded and the motion passed �*-.,,.. j�;.�>_ g,`�`"';;, unanumusly. ,;�-.:,:... -?s-��_' #.;-�1:, . . �'-'^.f"� ---------- ';a`:,:•s . � Y ,_i��.� -�•. .�Srna[ns CAUnt j��;�;;.� y Engineer Pat Dobie introduced an amendment to the application submitted s,,,. '.Creek �� Bridge for the replacement/reconstruction of the Roaring Ebrk Bridge in Snowmass. The , "i �;;-f��, x;�`;;_' application, authorized in July of this year, was subsequently accepted by the r" • "� ��''� Department of Highways, and the project has been scheduled for sanetime next yeaz. r ( The a�nendment would add approxunately sixteen thousand dollars ($26,000) to the k t estimated cost of the project to allow for inflation. The County would be responsible + `+<'�' � for twenty percent (20�) of the cost, and sufficient funds have been budgeted for F` f � inflationazy purposes. The amendment would foxmalize the anticipated additional Y� '� ' ,� cost of the pmject due to inflation. Klanderud moved to accept the amendment, Blake seconded and the rtntion passed n - unaniirously. Klandesud noted that the submission and acceptance of the application Zf , would cottmit the Board to fund the project in 1984. .� ,? . er�.., ---------- 4��.F � Public The Board convened a public hearing to consider the Lewis Residentxal Q� and �: ,"�Hearing: � : Lewis 1041 special review application. Richard Grice submitted to the record the � :..; j,,-. �:�;•.: :�Residence �� ' ' Planning Office menn of 26 September, 1983, the co[�lete application, the Planning k� ' �'' ' rl . F and 2oning Camussion Resolution 83-18, all referral �mrents, and the Land Use Caie �fi : •. {':' as amended to date. The applicant has requested approval to canstruct one (1) new � 1'3;`;` '=e=': free market unit and deed restrict an existing three (3) bedroom unit to the �'7.: �:��, low income �ployee housing rental guidelines. The subject property consists of .;�`� approtcunately thirty-four (34) acses and is situated approximately two and one half �;F (2'�) miles east of Aspen fronting on Highway 82. 1041 review was rearn�ired as the �� y,,` access road vroUld traverse a riparian zone. '��i+`;' ��;�: Referral camients were generally supportive; [nitigation techniques to address the „r:; �� constxvetion of the access road were submi.tted to ensure minimal i�acts on the �`'�Y riparian zone, water and septic services have been reviewed and approved by the � �'�is' a Department of Errvirornnental Health, and tt� Environmental Coordinator has requested �; .'�,; various conditions to address environmental impacts. �' �� ., �n� -w�: ;..... t"�:'� Cannissioner's pi et' �i!_... yo :_f'- , . -.;.v'r� ,� . � ! . ., �"' 7, .-1 '. `^ . .. r � {..is ,�� .�x `� }� (.:. � � i �'�� ;_�{�� `r�:�1,} �.:4a�µ� r�t7.}` .'�l.r"> �i•Y%f��'�}��:.. :��','„i��.�'+ f�'�'W�" ~5��l��k#'��'„�41�„Ji��.y�'c� r �'��v� ��. aa �s�s�,rk t� � . . .��•��r•.n��,�f�r ,r. P ,c i•� � r et r A r F�a a,;r, s � K c. {2p5&��l1:tJtl1�T@:1:>.iMw. M,..y:+�+2.^!: n�IM�:� aic�Yh�.rc:.s�i1YA.n+�.1.:_�' r ,:! ('z'� ..� "1��~� The Planning and Zoning Caanission reviewed the application during their reqular , fr'.•� ''' meeting on 2 August, and recam�ended approval subject to fourteen (14) conditions of ;i�; ;.��{ record. The Planning Office concurred in the above, and recarmended the fol].aving , ii:ti ��';yyy.,,,:>�� ? � additional conditions; �;y '`` dl �,i � - the fill material must be rerroved thi.s fall prior to the winter's heavy snowfalls > - the bmken-up blacktop paving shall be separated fran the rest of the material �`� '�- !j to the greatest extent possible and transported to the durtQ � - the road extension shall be carefully dressed on both sides with top soil and ��; clean gravel - fp.. �ti Madsen then opened the hearing for public cortn�ent; there being none, the hearing ,'. s✓� was closed. }.• i i�� • rt�; Klanderud noted that 401/404 pe=mits were generally rern,ired for construction in �K' �r�: a riparian zone, which permits were generally inc).uded as a condition of approval. �� Grice explained that tkze applicant must obtain such permits in this instance; the �:;. ;�,: conditions of approval did not reference this, however, as it was not considered � �u� appropriate to i�ose the rern,ir�nts of other agencies. �;::i Child noted that the Planni.ng and Zoning Cam�ission recamiendation wnditioned y,:.�j E:.� approval to the granting of a Q�lP allocation by the Board. This condition was not rN� considered necessazy should the Board approve the application, in which case it t� �' should be deleted, . �� Kinsley then moved 1041 special review approval of the application subject to the 3� ,;� .-j £ourteen (14) conditions of the Planning and Zoning Conmission a� amended below: �:� - the deletion of that condition whereby approval was subject to the granting of `: �� a Q� allocation by the Board of County CamLissioners :� , and further, subject to the three (3) additional conditions of the Planning Office �?r ,G� �� identified abwe. Child seconded and the motion passed unanimously. �'�'_.. '� ---------- �.. �Public The Soard convened a public hearing to consiner the Owl Creek PUD, a general � Hearing: �pN,l submission and special review application. Richard Grice submitted to the record the � Creek �`" � :�pUD Planning Office mena of 26 September, 1983, the camplete application, the Planninq f'�r'.� � �� and Zoning Comnission resolution 83-20, all referral cam�ents, and the Land Use Code �:"� � S�a as amended to date. The applicant has proposed to construct a total of ten (1G) _ ,� units, five (5) free market and five (5) restricted, on one thousand, six hundred and fifty (1,650) acres situated on the north side of Owl Creek Iroad. The applicant successfully co�eted for ten (10) units of the same mix last year; the ten (10) ' units proposed in the application now before the Board would fi.nalize the c�evelopment ot the suhject property by providing a total of twenty (20) units. The applicant has proposed to construct the units on eight hundred and ten (B10) acres by developing ten (10) duple�c parcels of approxunately seventy (70) acres each; the balance of the property, or approximately eight hundred and forty (890) acres, would remain open .�c; Gonsnissioner's Meetirg 26 SeptanUer� 1983 - 10 t_,�:Tr:.w��:�� ., `.•�:°` • , ";��-;.� ,� • _ ' t � �1: ��r��ti ` ;,, y �.� �i ( t� "�►�: �N ;r, �'� ♦. � J.r R 1 -'J F 4. L r� I s �"4:. ' �'. �a��. °� y�;d�R�c �ri i�y e � � -Y�"".�, i!a4 }'�rytk� . -c �,�*t�r�: �r. `� } i�+ (��"°,� +h'`�'N� 3��7y�sh��r"�'.�sf�x,�aG�C�''7M1+Y�i� �`tjii�,��Y ,.ro: � �y �Le��•�''.'3�"'�j�,. . r[.._��ti�Fir.b ....,,. ...aa..a:��'t.a...:5lf`_��.�l�.c:.,�.s._..a�.�'?�Sc�i..#Q, cfi. kE�'r�:.#�.; 4� ry., . �'.kF;...i?s �.. ._ _„�Z -: , .. :;.I ��;•�-�� SPdCe. ��'' Referral.conments varied; the Department of Envirormiental Health p�ressed some �k_;'? ,a•`� concern with the ability of the subject property to accornodate conventional on-site i:i;; � ;a�;- sewage disposal systems, and it was not knawn whether individual wells would provide ��. �:'i`. � .:: ;�?: sufficient quantity and quality for each of the hanesites. The Envirornnental 6';�'';;;_. �4X S,. i�; Coorclinator recarc�nded variovs mitigation techniques to address environmental � . �,., Fr. '�` i�acts, including the relocation of ho�nesite ten (10) due to imy�acts on elk winter ' 1�°` � range and the migration corridor. The Office of the State Engineer requested that 4K,�rf �� approval not be granted pending the subrtiission and appmval of an auc,gnentati.on plan i;�i. ��-,� for water supply, The Colorado Division of Wildlife recomnended that k�anesite ten �� :n (10) be eliminated, that haresite nine (9) be moved downhill away fran the ridge, �t; �� '�_ and that winter recreation be restricted betwoeen the months of January and May on the hillside portions of the subject property. The applicant has corm�itted to � ' y�� mitigate all such impacts prior to detailed submi.ssion review. �':'� The Planning and Zoning Cacmi.ssion reviewed the application during a special meeting `� on 9 August, and recacmended approval subject to twenty-foUr (24) conditions of o:.:"� i ;� ,�;;.. rec�rd. The Planning Office concurred with thi.s recamendation. '. ;`�� Kinsley noted that one (1) of the conditions reat�ired that the applicant c�rtrut �� `r _ to the use of a dust suppressant as approved by the County Engineer on the interior } roads of tt�e subdivision, although thexe was no reference to the frequency of use. �� Grice suggested an amendment whereby the County Engineer vroul.d apprwe of the dust �, ��; i- ti suppressant and detersnis�e the need for its application. e. ti� Kinsley also noted that the applicant was required to fi.nalize water supply plans i: �', '' dnd submit an auc�nentation plan to the water wurts; it was not ]maan, however, ��. •7 whethe,r the augmentation plan would be consistent with County water policies and �'!I regulations. Grice suggested an amend�rent to the condition to indicate that the plan �j � `�,'�f shall be consistent with all adopted County policies and regulations. ;r� r! 4�:�,_.;.!,�,. ; Chuck Vidal, representi.ng the applicant, requested that the County's water attorney `ts'"�"- : L- not oppose the au�nentation plan to be submitted by Owl Creek as such would delay � its approval for a nine (9) month period. Vidal stated that the applicant would submit said plan to the Environmental Coordinator for his approval prior to its filing with the water court. . Madsen then opened the hearing for public comrent. Vidal expressed sane concern with the housing restrictions imposed on the employe.e units; the developer, for instance, may select tenants to rent the errgloyee units subject to their qualification � by the Housing Office. Shou],d the developer wndominiimiize the �loyee units, however, and offer them for sale, the Housing Office alone would market and qualify , � � Caimissioner's Meeting 26 Septanber, 1983 - 11 �-s�:�.: .�,. ,, '%�?^ `� � y �a � y'.Y�4y i S� ts°' - ��„ ,y�k �)..n �i R+��+ � �Ys i',Y'� i r r�t i4JHY'�,r4�: " �'�jl �� {Y.4�9" 4 A7L ) iS_ f 1. '� Y ��•S��F �T`, 3�37 K h �a ��,� '��''�.."ti 1�tY �j��?r !f 4 'i� z �S Ti,�` K'��-'f � ..� � s i �a"'�W-'-i4��'y� '��'k:3t�.EL�'!�.}`j�y[EjM4t,'24:4`�i{}x..�� jj�k "�j� PY . r -'�M.Lc rJ�.4:��r!_.�J.. �� f:.. .. �;'.r...�M�fsf�'.Yih..�l�_h..__......�'�ii_,. :.5..:s �� ...�_.�.xSl.�.�_A.•.. ._ ,r._ . . __ .. ... ..� .-. . � :`�':�::�I . `. I r,'.i ��'-.'' ! potential purchasers. Vidal requested that the deve].oper, in lieu of the Housing rti.: , ?.i::'�`; Office, be allowed to se].ect the purchaser of the a�loyee units. ,�y�.�' i:;;;",:; Assistant Housing Director Gail Sct�vrartz explained that the Housing Authority 4• ' �,r:: r k�.`•^�% specifically requested that the Owl Creek �loyee w�its function identically to ii ` , 7 � � ? � . h-* � all other ownership e�loyee units. It was felt that every e�loyee of the camn�nity � �.. i . f'��;z:: rr°`.�;�;;::� should have an opportunity to purchase the subject units in the event they are sold. ��*<i i�=��.:: Vidal felt that the marketing of employee units by the Housing Office was appropriate „».:•, Yr•.: ,-,,:;. �r;�;.�; for a PUD project such as Lone Pine; in thi.s instance, the employee imits would be ?a.-�'5 f�•'==?` attached to the free market units, and it was felt that the free market owners should a-:. _ `<�;':�: ��.�.? be able to select the purchasers of the �loyee units. Kinsley suggested that the <`� �>'<�' Boazd approve the application with the housing restrictions as submitted; the z- a.'�;:��;: �:;-- applicant could pursue an amendment to allow for the sale of the e�loyee units by �,; ��'�?� the developer with the Housing Authority. r�ti,,� Madsen then asked for additional comcents; there Ueing none, the hearing was closed. ��:_,-.� Kla�erud moved approval of the application subject to the twenty-four (24) �,;;'' � conditions af the Planning Office as amended belaw: i ..i 4;:;:;:. - the applicant shall finali2e water supply p]ans and submit an augrientation plan , ;s;i�: to the water courts if necessary. This apQroval sha7.1 be further contingent �on f �:: any au�nentation plan being consistent with the Policies and General Regulations _ � _ of the Pitkin County Land Use Code. In the event individual wells are found to be t�: infeasible, a central water system shall be itcplemented � � - the applicant shall conmit to tY�e use of calcitm chloride or other dust suppressants ; app=oved by the County Engineer on the interior roads of the subdivision. 'Phe �•= frequency of the dust suppressant's application to the roads�shall be deteimined � '_ by tl� County Engineer based on need t�; - the deletion of that condition whereby approval was subject to the granti.ng o£ a ` r';:;;,; Q� allocation by the Board of County Carmissioners j; �j ':. r 'I Blake seconded and the motion passed unanimously. �x. i :` z � I � , ` �'Public The Hoazd convened a public hearing to oonsider the Zoline Foundation PUD, a � r �Heai'ing: �' � 'Zoline general submission application. Richard Grice submitted to the record the Planning , :PUD � ,`;;'.'; Office memo of 26 Sept�nber, 1983, the com�lete application, the Planning and Zoning C� � ;<', Comnission resolution 83-19, all referral cam�ents, and the Land Use Code as amended � ew:-' Lti;r'. #�';�. to date. The applicant has proposed to develop a parcel of land approximately forty- :�� `s�.; seven (47) acres in size,situated on the north side of Highway 82 between the Maroon �.�. "* Creek Bridge and Park Meadows, with eight (8) free market and eight (8) e�loyee ,r;�: �+R:'; � units. The employee housing could either be provided by rezoning a portion of the �_= parcel to PMH, or in a duplex configuration. �c�;'• �a�r. '`"`-� Referral ca�[nents were generally supportive; water and sewer services would be �:;::: �:,;;. provided by extending existing service systems, paving vrould be accomplished on both �r� the subdivision road and a portion of Stage Road, less than ten percent (10$) of the �,��,:` �'s�?t acreage would be removed fran agricultural potential, and sufficient water rights �'� p � t��• 26 Septenbc�r� 1983 - 12 t:'.''_ Ca[missiones's Meeting __ :�',.�� . . °,�s.,;.,, ,� � "�. t�`r r '� � - . y a ,w4' "�i? 3�i� .�S_,...'p"p�+ y`'AnL x �'�,� �,'�?e a•�i.14w%n^f} �. � �; '"' x-'t �+�,';��'a#rts7 ri��il �,. y/,r,��j��.w�, �.,�„�"!'�t ' �A. 4}.�, t° a(ir�yi »�-�,�[^�,'�15A4,'r� .., `w.9'.,��'�.�:5?�w�..::�'��.'.'�,�'i 7A�w�:S,��6 Y .'•,�., ��It:�..-�i�S:'..'.a��a'��<....w,r � j -. f... �t�'..��:.-��•�� . � exist to provide for the continued irrigation of the historically irrigated lands. �,,. ;�:;;': i The Planning and Zoning Cortmission reviewed the application at a special meeting :� t „ ';; on 9 August, and reco�mended approval subject to ten (10) conditions of record. �rr.�_. � ,.. lr'';.,,� The Planning Office concurred with this recam�endation. Y:;` � � • Child noted that ownership of three (3) of the forty-seven (47) acres was in y��" � , �-^�y_- dispute, and there was some wncern that the project would not conform to various G � ` �::;=;;i. ;�� ' a'?�` Code re lations in the event this acrea e was deleted. Grice lained that all '�yK:--: 9u 9 �P ��,_, : of the Code requir�[�ents, including density, open space, FAR and others, were �:sex,'-'�: �. ,��,:; calculated on the basis of a forty-four (44) acre parcel; although the three (3) � 5 �tir, • Wr.`�; disputed acres were not necessazy to comply with the Code, they would merge with 7�o- �.';.,�;i . . Y the remainder of the parcel in the event the awnership issue was resolved in favor ��=?�'.r:;- �g:>� },:__ of the applicant. �r;�:,_`;=f� . = Blake expressed scme concern with the visual impact of tk�project given t1�e .: � t ;� topography of the property and its location in the Highway 82 corridor. It was felt �� - that the project would, in fact, be visible, in which case additional. screening/ :,'::.. i;:':`•;;�`' landscaping requiranents should be imposed. c : Jeff Sachs, representing the applicant, explained that there was a small hill 4 :� -. �,�',� appmximately fifteen (15) feet in height situated to the front of tYre property. Y� ,.`.� This hill would serve to shield rrost o£ the project fran view when travel9ng west �a� � , � � on Highway 82; it was anticipated that only the upper floor of four (4) of the i= duplexes would be visible, specifically those situated on Lots One (1), Six (6), 4: � Seven (7) and Eight (8). Sachs noted that the Board could rec��ire landscaping on top �-�;.� of the hill so as to shield the entire project from view. This area is not landscaped = ry ,� i at this time, however, and it was felt that ]andscaping would only focus attention ��' ;";<::i . � on the development rather than screen it. ��:; �' � Blake suggested that the applicant draft a site plan that would shield the entire � '� �;.. �' development fran view with the exception of tAe roofs. �" : ' �� ,� � �:'. f_ Madsen then opened the hearing for public camient. Joy Caudill expressed scme �` �` ., t� concern with the proposed wildfowl lake; the soil in tt� svbject area was vesy Y r'"�:;i �`:.,. .� "}� porous, and it was felt that the lake may ic�act adjacent properties with seepage .�:�•�'.��.a . M�•��; and�dslides. Cauclill also questioned the maintenance of the lake and the isrigation �j'�-:;" .. 4'��:: i.�.�}; of the meadaas. Sachs explained that the applicant would deed sufficient water rights ��;;i•t. �{.g� "-�a� to maintain ninety percent (90�) of the historically ixrigated larxls as well as the ��, �tiF?�;,,,; �`�-,t :i lake, the maintenance of which would be addressed within the subdivision wvenants. f `' The applicant was further rec��;red to sulxnit a detailed drainage plan for the 1 aka -�„- ;1 :K��,;�i :� stxvcture by detai.led submission. �x . �`41,+ Blake again expressed concern with the visuai ic�acts of the project. Sachs ��4�:3 7k'� �;; 5��:.a 26 Septenber� 1983 - 13 4':`t:,:.,,, Cottm�ssioner's Meeting � :,, _,��;:�' , . '{��, ,� - �az.i 3`.�'�?;� iL 7�t� ic- x� - r.� .,7 "�"yY"d/Y 7yi Yii b�r.�. �1�1.,w.ik7- x.�7i y��-��s +; � �i4dir��,y'J,f`., �-'r�iLii��'7¢�•.� .. ,.��'ei� .-t..��t�fli�,iF�xv�ry(.c��'.,{`_`:°�;�.'s....:�.stiti....i�rY�3��,._N.:.�.+'�r 4„� F�.��..�' �:'��;�1tnl w . . � � ��. I i ?:i explained that the applicant has agreed to certain height limitations for the ��:�="�'• dupiex tmits; specificall the licant has a eed to limit the units on Lots 44ro rt.: i� Y, aPP 9L' :yY::.,.,. ;;�:,'>�`'� (2) through Five (5) and the ec�loyee units to fifteen {15) feet in height, and ',�-'.r'';:.'..:� s.. �:�-_�",�, the remaining units to a height of twenty-eight (28) feet. He noted that the � � � t f . � ; applicant would agree to the above limits as measured fran the natural grade. � . � � Grice explained that the visual i�act of the project would be limited when .��,.:<` � ..j . e-.:-- n� 1 traveling c�st on HigYavay 82, as it was anticipated that only the roof tops would . ,�.,� . t x,:,:� !��',.� be seen for most of the lenqth of the Highway. The impacts would be much greater .;� tr'x-,'� ?yy`;;;. £rom an easterly direction, hawever; it was anticipated that the entire developrt�ent �_r�s �'^`=�"+ would be visible from certain areas of the Hi hwa y p �'r;::::< 9 Y, Particularl in the vicinit �>�`�`� of Park Meadows. r";: �,. �+�+�'r' Adjacent property owner Connie Harvey expla9ned that she was not notified of �t-�r;� �"'=�- today's hearing. Harvey was concerned with the amount of traffic generated by the � 1=*�!,' development and the need for a turn-out lane onto Stage Road. r� ` 1 Adjacent property owc�er Ginny Soldner explained that she did not receive notice of �___,:� ti today's heazing. Soldner was concerned with the �t�Qacts of the project on wildlife, � i:^ '• and suggested that dogs be precluded. f�" � r;� Madsen asked for additional coaments; tk�se being none, the hearing was closed. . �� y''r-��'�� Grice explained that a notice of today's hearing was mailed to all adjacent property � �� t,�,'' n' � , owners; he agreed to review the li.sting and verify the mailaa�gs. � Soldner stated that, although she was not notified of either today's hearing or ' �r, ��` the Planning and 2oning Cartnission's hearing on the application, she would agree to V�;.� waive this rerniirement. � .. h. ��.-; Klanderud noted that the Zoline Foimdation application was submitted for general ;;:,-- '��":' submission review today, and that there would be an oppozttmity for additional zk;°: public input at the detailed submission stage. � �, Blake then moved neral submission a +� .± ge pproval subject to the ten (10) conditions � � of the Planning and Zoning Cartnission as amended below: � � h� - the height of the units constructed on Lots 4tao (2) through Five (5) and the i�:• •� �v; e�loyee units shall be limited to fifteen (15) feet, the remaining units shall ;.�; be no higher than twenty-eight (28) feet, all as measured fran the natural grade . "''' - the deletion of that condition whereb roval was sub'ect to the `-"'� Y aPP 7 granting of a �� GhII� allocation by the Board of County Conmissioners �`, Child seconded and the motion passed with opposition from Kinsley. ; � ---------- �. �Public The Hoard convened a public hearing to consider a liquor license application �:�.. earing: �Sam's for Sam's Knob Restaurant, situated at the top of Lift Three (3) on S�ss Mountai.n. �`IK[�oh �� Deputy County Clerk Lu Hansen introduced the application, a request to replace an �= existing beer and wine license with a Malt, Vinous and Spirituous license. Referral r;E �:,. 1 Ca►missioner's Meeting 26 Septanber, 1983 - 14 4.�+x j�::;��„'� p. �, _ Y ��, , . ' �i. k � +".v?�ly�,q�2i`� �.�.�L��r �.::y^€�' ��. � �.��' r>enr�`�`r`Y.�1�f � .ra ta.. � ' �.S � �rr,,•c�iK3 1. � y��""�� iRP"'+ � 3a 3}�„�,°d ��. 4 �r��a� �:(rr 4 �y 1 . ��;5'' 5 ;b�t. e �•.x }�1y�7`)��s C}`��i'��.�}� Y�r �ry�-i K, -��- ��.��(..��fh: " �a ��y �riTy+��. 3 tt' r .�'ai"w.'].aa.. ��IA.Gtt1L:....1i�LMM4ui��.��'1II ��1-..&�tAfr.w...�FA 1 .i...o��J4fTp��C.- u�i.}.k�Q..v..� t lr� I.'L�.:.,..... y::'.. � cqTments were generally supportive, and Hansen submitted the license for Hoard approval. � �� '+ Madsen then apened the hearing for public cotm�ent; there being none, the hearing was t, �R%� ^� C.Z�SGII• ' 1. A ... �:. �.ti•.. u.r,; Kinsley moved to waive the fornal hearing rern,ir�nents and to approve the liquor `:. �-` license as requested. Child seconded and the :rption passed unanimously. ,..,.. .-::: ;.,... '. �,:. ' � _., ' ---------- . .,. � r'�; Public The Board convened a public hearing to consider a liquor license application ; �:i Hearing: ��.. nr�Elk for the Elk Ca¢np Restaurant, situated at the bottan of Lift Ten (10) on Snowmass � ;� C� ''' Mo�tain. Lu Hansen introduced the lication, also a re est to chan g :�� aPP 4� ge an existi.n z_,. �+• beer/wine license to a Malt, Vinous and Spirituous liquor license. Referral conments � . �,�., were generally supportive; Hansen submitted the application for approval subject to #� j �`• a positive referral from the Colorado Bureau of Investigation. ;�': Madsen opened the hearing for public comnent; there being none, tl� hearing was , �' �� closed. ,�� Child then rtaved to waive the foimal hearing rern,ir�ents, Blake seconded and the i �� :'d � . . i:'� motion passed unanirtausly. � . �'� Kinsle moved roval of the li ' � y app quor license subject to clearance fran the CBi, ?, a; • ;��1 Hlake seconded and the motion passed unanim��usly. ; ev 1m ; 6.. - � �___.__�___ I �'?p'-: �: Public 'i7�e Board convened a public hearing to consider a liquor license application � ;' Hearing: ` • 'i ?t- Cafe for Cafe Suzanne, situated on Buttesmilk Mountain at the base of the westernmost lift. � �=� Suzanne a, ; Lu Hansen introduced the application, a request for a Ma1C, Vinous and S�iirituous � :� � license for the Cafe, to be located in the building that fozmerly housed A la Crepe �;.. ' r.;. . �::: . ;� Suzette. Referral coirtnents were generally supportive, and Hansen submitted the , � �.. �:� application for approval subject to a positive referral from the Colorado Bureau of 3-i Investigation and the approval of the Building Department. �'I Madsen opened the hearing for public comnent; there being none, the hearing was X. ti �� WdS CIOSEd. - �.,.... , ,.r; ^- Blake tYben moved to waive the fo�mal hearing rec��irements and to approve the liquor �'`,'`�''.. r license subject to the conditions �ted above. Kinsley sewnded and the motion passed � imanimotiLSly. 1ST Budget Analyst Lynn Dunlop introduced on fisst readin9 a supplemental budget f Read: .Supp appropriation sesolution which included the following; a silcty thousand dollar APP�P ($60,OQ0) reduction in projected sales tax revenwes, an unanticipated expense of eighteen thousand, three hundred and eighty-seven dollars ($18,387) representing a refund of the e�loyee housing portion of the Park Dedication Fee for the Cheek �> �� Ca�lmissionex's Meetix�g 26 Septenbez, 1963 - 15 {��,N.,»�,� t� :, ._. � ., �. ___ _. �. ,,.,��., .� �, � ., �� ,:� y y -.s/,7�{+ ^"' x .. r - � t 5 �� ,t; ��/< ��r` � � 4,d, r '�JE) a+e,;5�+�j� '^ng\',.. �- �� ,1.�^' '�,�°��`�W"�� b ,�-s�q i t niy.�y- � �ti'ti'a t� Y+ Y 1(Lt� ` x r.s n� � y 3� �� +`�,,'• ��5'Lp�''k Y��ti��}� �Ji,"(4 Fj! ru lT..r�`t�� - r '��. �'+y�,. �� r��.y�wV�Y�§-f'� v � x u+' y � � g �,y�'( i�l�'`"' � +S ti, d t.¢�?. F' v o £..�„Yy'l'� +:� 'v �_..i 4...�.�..r.., .'�a5+x�i �^I�?`�✓��6�'c" ,"s_x�"S}i � � �-l�,7' � ,N�'I;�P'<�'r�Y 7 �'. r+d.�,t t ,. . . . att_..� ��..3:.L'L_�s�L�'�.Ji..a.:'.�.r_t�. .?�'�..��r�..._`'_tta_�_L.:��..�. _G...,.,u.,.""'. .. ,_ ., ' � ;.>� }�_::;• Subdivision, a six thousand, two hundred and fifty dollar ($6,250) reduction in S�:n "%< projected landfill fees at the d�, twenty-one thousand, eight hundred and eighteen �^.:y ;�i:' ;•,.-� dollars ($21,818) in additional revenue due to greater than projected Conservation ��'' #r^; � ��st funds, eight thousa�d dollars ($8,000) in available revenue due to the deferral f ��:� of certain trails projects, and others. Dunlop explained that a work session has been � . `'�� scheduled for tomorrow to review the various appropriations in greater detail. 3,, �' �` Klandezvd moved first reading approval of the resolution, Blake seconded and the � Ir. , �� motion passed unanimously. ; r� ---------- �s; The joint City Council - Board of County Camlissioners meeting was cornened. Those � � present included Councilm�rbers Bill Stirling, Charlotte Walls, A1 Blomquist, Chic 3. - - ,� Collins and Dick Knecht, and Board members Madsen, Blake, Klanderud, Chi1�1 and ' _;. r� Kinsley. � � ';� -------- � FERC Environmental Coordinator Mark El�ller introduced a license agree,ment between the , ;� License :� Agree F�deral Energy Regulatory Cortmission, the City of Aspen, and Pitkin County. The P� � Regulatory Camiission has i.ssued a license to both the City and the County to construct ' �� and operate a hydroelectric plant at the Ruedi Reservoir Dam, which license must be 1.� accepted in resolution foxm by both governments within sixty (60) days of issuance. �m Fliller explained that the agreement would prwide for the issuance of the license ': �:; � subject to various texms and conditions, including the follaaing: the licensees �Y �� , � must obtain full FERC and Bureau of Reclamation approval for the design, construction f'�:: �,;... ' �; and operation of the facility, com�nce construction of the project withi.n two (2) �'�'�` � �. � years of the issuance of the license, c lete the F ortq� pmject within three (3) years � ,' � R • � of comnenc�nent, and others. Exectrtion of tk� agreelnent would allow the licensees Y�,::,, . . � to finalize a peimanent access agreement with the Bureau, facilitate contracting � _. :i...::........" `. � for the wnstruction of the ro'ect, and allav both � � p 7 govercunents to proceed with the � ,; final planning. {:..: FlAler noted that two (2) issues associated with the project have not yet been - , resolved, tt�se being the fee to be assessed by the FERC for the use of a govexnrtient dam, and the fozmat for the managgnent of the facility. The Regulatory Co[Rnission 1 has not yet established a fee pending further legi.slation, and the management of the ' project would be addressed by intergovernmental agreement, to be reviewed during the subsequent joint meeting. Fhl.ler reco�ended approval of the license agre�nent as � the texms and conditions were considered pro forma in nature and as the licensees � must establish their acceptance no later than 7 November. Blake moved apprwal of a resolution accepting the license with the texms and I � t � Crnmissioner's Meeting 26 Septc�c�er, 1983 - 1G ��i='' • � �;y;.°?i;'r'a; . .'� � 4�, . '_ +'"'� , �. hF t� 'i-,t y��t�+ �. �� XJ..:j•{L,� .� ri+4 �1'F'4't�7\� . �l:odY:.sfnr:+i�.r.c.n�1...,. .._t„� . ..:1_ .. .� ..._.._..t._.s..�...y,...._.�.��T.a...._.M.... -:?..r.S.....'.�.iw . 4 !':�'. j conditions imposed by the Regulatozy Coimiission. Kinsley secronded and the motion ,�:;::� �`' : passed unanimoiysly. The motion pertained to the Board only and Council did not �. ;-'- ' participate. "`e, Cit Mana er Wa y % ,:�Vf y g yne Chap�cu�� explained that the fee to be assessed b the FERC ,j.�. � r�� fr-'i could approximste fifty percent (50$) of the net revenue generated by the hydro- �� electric facility; this assessment was the highest federal assessment and would, in � � a :T� this instance, approximate one hundred and twenty-five thousand dollars ($125,000). ?. ' ;�. ; Fede,ral legislation was recently introduced, however, that would reduce the amount #�, f Y� an entity must pay for the use of a government d�n; this legislation would, if adq�ted, ,�� reduce the fee to approximately si.xteen thousand dollars ($16,000�. Projected costs ;t; i; � , for the aperation of the facility provide for ths highest assessment as rroted abwe. �n Chapman noted that he had reviewed the format for managing the facility with 3;� .�.� FLtller, and that such vrould be submitted within the context of an intergovercmental :�� : � agreement during the subsequent joint meeti.ng. Requests for praposals foz� the t =� operation of the £acility were recently solicited and all bids were to be submitted ;a "" by t2� end o£ October. It was not anticipated that either goveriment would asstimie the fS �-} �,r operation except as a last resort or in the event the proposals were excessively '9� costly. All proposals were to include a method for financing the.construction of the 4� , !� project, est5mated at approximately four million dol]ars ($4,0OO,OQO), which mzthods r, ° must be approved by the Regulat�ry Cc�nmission. The City could issue utility revenue �+, A �M � bonds to finance constrvction in the absence of any private proposals; these bonds � could be issued without voter approval and would be repaid from the proceeds of the � sale of power. All bids would be reviewed dur�ng the months of Nov�nber and December F�t � y ;a.. . :f�-. � and a recanoendation on an operator would be made by the first of the year. It was �s : ?:� ��•" _ "� anticipated that construction vrould camience during the siancer of 1984, and the `ff" t; `� ; pzoject has been scheduled for cac�letion by the sumps of 1985. � y' +" The City's long texm contract with the Public Sexvice Crnpany expired at the end if 4 � � of last year, and the contract has only been renewed on a yearly basis since that � i �,,,:.,, : time. The Ruedi facility could generate as �ch as thirty-five percent (35�) of the � •:`��;> : � City's powex needs at a substantially lower cost, and the City could provide for the � remainder by entering into a contract with the Nebraska Power Pool. A contract with i the NPP was considered �cnre cost efficient and would provide additional benefits in that Aspen's pawer needs peak at the opposite time of year than othex users of the . Pool. Child noted that the marketing of water fran the Reservoir has not yet been finali2ed ac�d that such would i�act the hydro facility. The River Di.strict was expected to submit a proposal to the Bureau of Reclamation whereby the District would purchase � ' �Catmissiones's Meeti.ng 26 Septanber, 1983 - 17 :�.,�`�`.`'.s."=� u; ,t.r.�,.1 �r =.a .:, �, ;-.�:r;_ ;!:,{.µ� , ;,;.. ,. , - �_ :;s.� � ��,��`'k+ �,3�� '� + 't'. . -:..1ti� rf,Ct��t� r't'*.�,k�'t�.�t, �,:: i r„ y��.-' 'L � ��i�. t-. .�..y�n t,e,_'�''�7 "�.,y'�'f� '^'X'+'�{,t�,�a r'`�� s . ,. t aa t'�..� t�.�h eic �� y��A� %�yt �,ta r.;A��^2 � � .- r` � �q t�y� �i'�-c �.j r�y�al�r 5 Y� a �d" ' + - tk}� '4 �'�JT�� .Y�� '2!r A�'c t� �-�� q�y �,��1.,�':h 1 � f�� .��1 . ��l�ir!....�a�r.�x�i;lr��l�� xu�,.: .i�W.�:iY''�r.G��«:'w.J..� s"�,i�:.K��:.: u1.2h .-..-.._.'�±:3.��i_..:�{"_,�!�A.�.,. ...� . '� {;-;:,: .,� both Ruedi and Green Mountain Reservoirs. It was considered likely that the Distsict ,`. _ :' �i`.�;::i would, in the event it could purchase Ruedi, desire to generate additional power p:;^;,,;: - to provide for greater revenues. i�`;;` °' '! Blomquist suggested that, if the River District could ��• :�.'�,_ _ purchase the Reservoir and E,i r„ operate it on a profitable basis, the City and County should consider its purchase. � � , S � Chapman explained that both governa�ents sulxnitted an offex to purchase t2� water in _ �• . �'?:'°'� the Reservoir in early 1982 at thz encourag�nent of the Bureau of Reclamation; t�^�:;,'j �•,-, l:.;T;�: q,�,.;��•. the Buzeau later denied the offer as it was not felt that the City/Coimty would e a use the facility for the reasons for which it was established. Ct�aapnan noted that { � C �� `� the Ruedi Water and Power Autkmrity may be an appropriate agency to purchase and � �,t ,� market water sales. f Collins thett mwed adoption of Resolution 29, series of 1983, accepting the license > - �'� � a�e�nent with the Federal Energy Regulatory Cannission. Knecht seconded and the ;:n.r: + ,�.;,' '�-•-�` motion passed unanimously. hti`f': C-M1�, C : �y,'�'�'_:'�.� ��_�� .. 4 t�. � Transit County Attorney Wes Light introduced an intergovern[rental agreanent for the Transit !=i-;'; Authority �_�_,;•;- Authority. Light review�d the various changes that were made to the agreement during . y�"'' a joint work session earlier in the month, and submitted the �nended dociment for �. Boazd and Coimcil review. _ F' _ Collins noted that the agreement referred to the City's 7th penny sales tax as �F�- both a sales tax and a transportation tax. He suggested that the agreement be �nended �`-.`,;'.�'' to refer to the 7th penny as a sales tax only. � � % ; � F, Hlomquist noted that the agreenent vrould not transfer the exist9ng liabilities " :1.: , S of the City or the County to the new Transit Authority although certain assets, ;' ' �, � including the buses, were to be transferred. Blanquist felt that, as the Transit F � � st ' , � Authority would receive substantial assets fran both governments, it should also '� R.=A:,.,,.; . �3";�.: asstme those liabilities related to transit. �`'. ' f S. R-` �� Wayne Chapman explained that the City's transportation prograun has a deficit of � �::� rt; ; approximately one hundred and thirty-si.ac thousand dollars ($236,000) at this time, �a ,�sk;;,. and it was felt that this deficit should be transferred to the new Authorit This '� ' y. ��: �,�+rr,�r_ amount could be reflected as a liability for the Autkmrity and as a receivable for �''='ti':, �.�;,��+;: �"'��i:s.:'f the City. Whether oz not the City ever decided to collect this debt from the Authority �, �', •��,'= has yet to be resolved; the Authority could remit the funds to the City if financially w�;y�;: �-""" capable of doin so within the next two 2) or three 3) ears, or the Cit could �,,�r,��,- 4 ( ( Y Y C:'r:�:.: . '�;�" wid the receivable if its General F1u�d i�mved over the same period of time. ^.;z� The transfer of the City's transportation liability to the Authority was considered Y, �� appropriate given the assets that would be transferred and as such would i�rove �. r,''T'�`':� } '�,'�°.'': Pi,.;, �Ccamissioner's Meeting 26 Septanber, 1983 - 18 �_ i __,.w. �__ r. -.� ti� �-°�:; • . �+iF;;�;F ,�. ^ / r t i��tr�R��,i+ f � ' � -� S��a y,`y.,a f'^-;. i K,,rc�k � �.q q �r V� '4 sr r ti � � t'�t� � �} ` �y5�y�`'� v��r�.a '� � �'"`Si�1 S :�7'�'4 Eti�a+! � '��'��k�`� :,��r �� i��,Fl�{_� � �,'.;�'ri,i1.�. „'�tS�.�.�.�ic�,�,..:��"��.�C%;�l�� w.�GrK!��x..Sx��" �" ,�,�A a��,✓i�i,�4�. < i'L.J:.� ...+ef:�. L @'.�M1�. _1!� . 1 x'"';,' ' the City's bond rating. This latter issue was considered particularly critical as �""� � Council has considered a five 5) 1.,._;-.1 ( year capital improvement program that tirould require i the i.ssuance of bonds, and an img�roved bond rating would li.kely facilitate this '�' '� ¢' t.'- { issuance. l.:-,` '�.-:� � 4 ' Madsen expressed some concezn with the transfer of the City's txansportation � � i;`;_' liability to the new Authority, particularly as thi.s �nount included the administrative � ?,.....1 �•'_:,_ 3arf::`s � 'r°� cost of City staff rather tk�an the City's direet transportation costs only. .,:;,; i'�,;. �-,; Klanderud also expressed sane concern with the proposed transfer of the City's ��"�-'. 5i;'!': �k-�- liability to the new Authority; it was not known, for instance, whether the Authority ,.�:�; ��4- �;;;; was willing to assimie this liability. '�,` the t`�` County Manager Curt Stewart noted that/liability transfer was proposed in an effort ��r �?:-�: to i�rove the City's bond rating. The approximately one hundred thousand dollar a`�-i' - ($100,000) amount was considered negligible, hawever, giuen the City's General FLmd J` � cash surplus of greater than one million dollars ($1,000,000). �;='cj Joe Barrows, representing the firm Kirchner/Mooze, bond counsel for the City of � :� � ;� Aspen, agreed that the subject liability was not a significant amount of fimds. - however, c : Rating agencies do/review the adequacy of fund balances to provide for fluctuations . �;'_';''� in tax revenues, and in this instance, the amount represented approximately ten � . percent (10$) of the balance of the fimd. ?;f - � _ Blake felt it was i��ortant for the new Authority to cacmence operations in the ,,r� absence of previous debts, and indicated that he would not support the transfer k�' of the City's liability. •rt : .`:. Transit Authority member Spence Videon expla9ned that the new Authority was not � :. t;�_ financi.ally capable of assuning the City's debt. All of the budget pmjections for �z j� � ,.I the agency do not allaw for a deficit and no such reserve has been provided for. t� � �� ,' Videon felt it was imreaslitic to expect the Authority to assune this liability 4� . sr given its inability to acco�rodate such. �;:<. ::: .5� f�{ f�� Klandenad explained that the amount of revenue to be generated fran the County's � ic, additional sales tax was projected and reviewed in conjunction with the Autharity's L �; budget expenditures and the rebate to the City for its mall maintenance, food tax rebate and other progra�. The additional tax would provide sufficient revenue to fund a cronsolidated transpartation system �atible with existing levels of quality and efficiency. The ass�tion of the City's existing liability by the Authority � would adversely.i�act transit service as no provision for a deficit has been made, Klanderud also noted that the Board recently coamitted to fund transportation services next yeaz pending resolution of the additional sales tax issue; an appropriation of three hundred and fifty thousand dollars ($350,000) fran the General EUnd was made Cannissionex'S MeQting 26 Septa�s, 1483 - 19 F��t�a%�?F��51 {�:......-.:..�....� _. _ . 5 ' �_Y:11 • � J'..�"H�' . . - :,}ei,1 ` .v� _ . . . ?.�.�.__�_.^.�:'�..�. ....,"'Y...�.r...._ .,., _�.,.a:.�7y:. {-: S�"�;. to provide for transportation services in 1984. Aspen Skiing Ca�any representative Peter Forsch noted that the Transit Authority i. nr .; ?;;�':� has agreed to assu� an annual li.ability of two hundred thousand dollars ($200,000) :Y`,�,-,I . ��i; for the buses and the bus maintenance facility. He agreed that the Authority was not ;a�. z��':! financially able to accomodate another deficit. i''; >��: , '�°:`� Chapman noted that the City has agreed to rescind its seventh penny sales tax �.�•'. �x-� � �{ to a]1aw for the additional County tax; the City's existinq tax generates approximately � . v.. :..j' r - ie: one million, four hundred thousand dollars ($1,400,000) annually, and these funds, F �a�: i;:�;� ,,.�. with the exception of that portion necessaiy for the food tax rebate and otl�r !<�".-' 5:;�;': • obligations, have been pledged to the consolidated transportation syst�n. �.,-: f,.'-^_: �;?=;- Collins then mqved to adjourn the meeting as discussion exceeded the time allotted. T±;�: 7�n'� Blake seconded and the motion passed with opposition fran Kinsley. "��.• r_�a ----- ��; �: The Board and Council reconvened to continue discussion on the 'lYansit Authority_ � �� Blomquist expressed sortie concern that the intergwernnental agreement ca�ly with k�s e::�-`.. the City Charter; the agreement should indicate, for instance, that appointments to ' '� the Transit Authority Board of Directors should be made by Council and the Board %;<:-.� acting individually, and that the operating budget and capital i�rovement program ' I �'•'Y`a for the Authority should likewise be submitted for the individual approval of both ' , Y.ti,i" � � �� k:;:;F:. `-`,•: governrtients. Council generally agreed, with the exception of Knecht, to amend the agreeme�t as reca[mended by Blomquist. �-a -1�. t�,:.i Collins expressed some croncern that the City's transportatian liabilities would k �. ! 'y not be assim�ed by the new Authority; as the City's transportation assets and a portion ; ;:-a'� : "�'"�� of its seventh penny sales tax would be transferred to the new entity, it was felt � ('�F;S It''£'.:. '. - that the existing liability should al.so be asswned. p. < " =j Kinsley noted that info=rtiation was submitted during a previous work session that � l � ` wvuld likely attribute the City's existing deficit to the managanent of the City � r �'� �x � M f, % transit system. In sucri an instance, it was not considered appropriate to transfer � ,� ` i this deficit to another entity. Stirling explained that the one hundred and thirty- � �'"� six thousand dollar ($136,000) deficit could be attributed to various factors,� `�*' ��r�. ?i;� - '=�" including contracts with the Aspen Skiing CarQany during the previous five (5) years, �'.' . �,:��; 'c kr ��: accounting methods and others, and not si�ly the manage�nent of the transit system. dr>l.�`. �`-�i; He suggested that Council aclmowledge the deficit and resolve it in some way. ,�.,:: r��;::; Knecht suggested that Co�cil accept the deficit as a City liability, and absorb RJF;;,.' "x��i�r""^ such within the General Ftu�d. It was not considered appropriate to transfer this to � the Authority as such would not resolve the issue. He then moved that Council accept E� �: X;_ � Section Six (6) of the intergovernn�ental agreeJnent, "Transfer of Assets and Liabilities" 4 F'4:•� ��'• r°'� Cartnissioner's Meeting 26 Septenber� 1983 - 20 �.��,, a �`:fi ��"i;Jat.�; _;:�:` i�* � 1 iv._Y_._. _ �,, �' - �y , i2� .i]}�� yi.Fw,'L"� . -'i'r �.t ��F'}�a�♦��N`ti�j,��', .. .. . .. .�th .S? . �..�. .�_ . � ��l 1.u1.��_.�1�..�_w..T�kr�.�La+..t...'��G��1Sr.`iw.iW3.-...�'711w�.�[hl`J.:...i "'� as submitted. That section indicated, in part, that all current liabilities of the ,I City and County transportation syst� shall not be transferred to tt� 1Yansit �;_.: .I � .j Agency, but shall renain the liability of the zelevant City or County syst�n only � I except as follows; the liability for continued payments on, or buy out of, busses � � : � � being transferred to the Agency by the City or County shall pass with the assets �" ; to the Agency. Walls seconded. She also agreed that the City's existing deficit � x; � _�- x;_,,. :�:�:.";� should be absorbed within its General FUnd. ��'�. . � �3. +A(�:,-�,' ' R-�;r:;�: Child noted that, if the liability transfer was proposed as a means to enhance �� rt�v-- the Cit 's bondin c aUilit such was onl an issue of cancern for a iod of one r , Y 5 aP Y. Y P�' �M�`;•y � . . g-�"'=` (1) year. He e�ressed sane concem that thi.s i.ssue might jeopardize the conso].idated MK,-: ��-°:�a {^�x• fisansit system as such would be resolved in 1985. 4�.; ,;�;.�� i'xA' (!r;!,-. Chaprtian e�lained that the deficit could have been eliminated at the end of the ;M.:. ;`„�,- ;��- 1982-1983 ski season. The City apted instead to prepare its buses for the upcoming ;`"�`�� ski season. Chapttan aclmowledged that the bonding i.ssue was a one (1) year problem, r� - _ �� but noted that 1484 would be a critical year for the City; a reduced bond rating - . � . UL;Y. ' conld adversely i�act the City to a greater extent than the deficit i�self. fi ;.� Stirling agreed that it would be inapgropriate to enetni�er the new Authority with �'ti, t h e Ci ty's de fici t, az x i sugges te d t h a t Counci l reso lve su c h by r e ducing i ts 1 9 8 4 <<: budget by one hundred and thisty-six thousand dollars ($136,000). i„� The motion initiated by Knecht passed with opposition from Blonx;uist and Collins. F' _�� The motion pextained to Council only and the Hoard did not participate. ;..a `'.i Kinsley noted that the consolidated system may, at sac� future date, pmvide for '° #^'. �`; , w':� ;y;; participation by downvalley users. To allaw for future participants, he suggested ':�� L"� that the n�ne "AspenJPitkin County Transit Agency" be changed to the "Roaring Fbrk � . °� Transit Agency"_ ,'� � `• Blorts�uist then moved to adopt the intergovexzmiental agre�nent £or the Transit b`�.'• 1� Agency to include those amenchnents approved of today and to pzovide for the t� ;; � 4 � nartYe "ROaring Fork Transit Agency", subject to the City Attorney's appraval of the � �� `'-•:`:�`.:_ . agree.�rient as to fo=sn. Knecht seconded and tl� motion passed unanunously. The motion ��;�:�•_'�,. ` � pertained to Council only and the Board did not participate. � City Attorney Paul Taddune suggested that Council ratify its approval of the ,� � agre�nent hy ordinance at a future meeting. Curt Stewart explained that the by-laws for the Transit Agency would be submitted - � for approval during the subsequent joint meeting. � --------- � There being no further business, the meeti.ng was adjourned. i Camlissinner's Meeting 26 SeptsN�er, 1983 - 22 ��v"�`,,.;...,,. � :�!.v;4�'f:'�,a S�L +.:1 t i _ _ .k_._� - .. 'r-�'��;' ._ , a��,� �,, � �-� �L j ': .y..�±,. ...r� ��,$7',,,�taY�' �3; a �7r171Y . -�t Yc h . �` + ' . �... ., . -. . . r ,. • .. . ._.'�`�.��.[� :.�..11t�i ._. ... .... �'.� '�- . �� w,t�j�� . .f�3 5;' �#.Y3�+.-11�.: .��.L�s':, �P: (4, /�' . �� L � ib �, L�� Z•�� F ' - fulil.y Submitted, R(3'dED;7 _v�, i ; , !. ! x '`ti-i� (! ¢ Deputy Cotmty Clerk rge, , Cha=*�*�*+ . � , SR �.. � . � hi'�:. . . . . . . .�'-.:'�'. . � - ' .;:� {_•.•�.._:..." . . . . J.. . ,' %1 . . �'.,�.' . � I ' x .. j . �Cy.� ' 1 •Ya'" � . . ; � t t•;�•,^ I . { . . � i i , . i � , ; .; _.� i t _ I i , � " Catmii.ssioner's Meeting 26 S�tenbex�. 1983 - 22 S ,.;�.. +