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Home My WebLink Aboutbocc.min.reg.05061985 . 'Y y� . . ' ' . ��M � � ° < < �� ' '� +� a'�- .l.�� !.. �W1� 4 �S'�1�-� �{��:�� r �V'�tw� � ��. 1 �.��aty��.�`s;�r yG}�+f,:��F�'r �. t .�.�5� �.r{4'1r. � `+:r� a,�.".'l��A.0 ,f+�. �i. � . . 1lKYal.: . ..y..af�.e:.S�'s '-� ' .,'x`ixf�ld}�'7liht.ka.`f[.�r��tl� _. .. � . t`FA �4✓� � . � .. . �, BOARD OF COUNTY COMMISSIONERS AGENDA �� <�e.� �� i 6 MAY 85 ry��.,..�� , _ ��. 5 i WORK SESSION , I �;. 9:00 a.m. First Reading - Implementation and Amendment to Resolution 33-29, Transportation Sales Tax Reso- � � � lution - Tom Smith � - • , 9:05 A.M. Building Maintenance Staff Discussion (COnt'd) � Vinny Belfont, John Eldert - _ !�`'. . 10:00 Building Inspection/Code Administration Department { - Heads Discussion, Patsy Newbury & Jim Wilson : s _ 4" . 11:G0 ABC EXTENSION OF PNIIi APPLICATION, GARY ESARY � � :.j 12:00 P.M. LUNCH BREAK f • �'°� SPECIAL BOARD OF COUNTY COMMISSIONERS MEETING � j. ', „}s`:< ADMINISTRATION - 1 1:30 PUBLIC COMMENT �,- ; 1:45 RESOLUTIONS AND CONTRACTS ' e �,�; ApprovaL Aspen Mountain Ski Area Master Plan - Glenh =• Horn, Planning � - Mineo Mobile Home Permit Extension - Patsy N2wbury . Crystal River Country Estates - Gary Esary ,(;� �t, . Mellow Yellow Taxi Contract - Gary Esary ;� . ` � �, � � � i''t..-. 2:00 �Public Hearing - Aspan Qv.ick Mart Retail Liquor "� License - Xi� Whitestcne, Deputy County Clerk �.,;t:", . `? �� 2:15 -�Public Hearing - Holland iiills Road improvement �s , "�.,t:s'< Aistrict - Loretta Banner, Clerk & Recorder :; :�_ (i. , ;-,..� . , _�+, T .`. ' �' � LAND USE . �>: �: 2:45 Public Hearing Con�ineed - Aspen Mountain Ski Aree_ �-� . Master Plan Continued; Ruthie's Restaurant - +';�:' �-.•"° Glenn Horn • �" � s, 4:00 ; Public Hearing - Implementation and Amendment to � ' �' Resolution 83-29, Transportation Sales Tax �� Resolution ` ' � Approval of Intergovernmental Agreements - Transpor- -` S�? `, tation Sales Tax 2 l�, _: , � Ratification of City of Aspen Ordinance 85-24 �. -�- �._"�Approval of Amendmer.t to R.F.T.A. Intergovernmental *Tt _ S Agreement - Tom Smith, County Attorney t.� ` ' n.s... — �� i:. ! ��a; ` WORK SESSIONS — 2RJESDAY, 7 MAY ,y" f y,;,� 9:00 a.m. Cop Shop Sock Hop, Dick Kienast ,� � , •, 9:30 Request from Hernstadt Estate for Waiver of Fee, '7 Gary Esary � , y :�: ��. � .. •, ; 10:00 Courthouse Basement Remodel Contract, Bud Eylar �� ... - `� 11:00 Consolidation Plan in Depth, John Eldert ?s :�. '� 3:30 p.m. Public Meeting - McClain Flats Road '�'. ?:� ;�.. �fi' "'� . �� . a �: . ,�.� " _-�; '. � 1,1`.� ,i . •Ib• Cp.�j �1 :1 : . � � � . � , f _,.:- . � . . ., , , , � •,M1 . ,....... . � .. .......: .. .. . . , . . . �� , � , . '. . . . i - .. . ,':� - Y . L. . � � �� Z ��"Y746' r�-�.3 ;'�f�t.i�� ry t?w� `�.' :�7 r r�� - t<t} -��:1 2.r 1 't"� �,.. � i �1.. ��.��L � tt .�_ �it�a i�1n � - =� 5:�7-�� '�?.: f�3:.� '�. r�. c � n u.6 . S�"1t6l:..,, ��i+:,net�"'.t+�... . . ...�;v�- .rr,^ . ..z.�'n,�a•�+rr•.+�.�i .+.. _`i...i.r�a�it.,��.i..+naeua.svxte.,..x�m''ew�'ciL r��5r P .+�.�. tti> i �, K�,4i, � i . i`.,�1+Rii�. ±. .,�,- _. . S. !4'.'' - � ,.. ! "'.�:r�� . j ^ •• •;:c.. Y, ' ! % 4�.. �� " 1 . Si� :i.1';'.:;,:_•=i: " F . � �*ta��...f!.i.:` : . ,�� t♦',�� 'f Y.`. �1 � PZTRIN CODNTY J} , . �.I � �a.L, '-�J.. $onRn aF cor�issioxexs ;�;.: , �:. ; k,�:;}�a; j '�.��t� � SPECIAL MEETING 6 I�LA 85 i ; ;* t x � PRESENT: THODIAS BLARE, RUBERT W CHILD, HELEN KLANDERUD, GEORGE MADSEN, > i MICHAEL RINSLEY � i � . i ---------- 1 . --'°`i lst The Board convened a special meeting to consider on first _ 'jRead: reading a resolution providing an amendment to Resolution Twenty- Transit Nine (29) , series of 1983, relating to the fnctease in the � iSales Pitkin County Sales Tax Erom two percent (2$) to three percent � Tax (38), and providing for an increase in the allocation to the City i, ! of Aspen of mall maintenance funds from ten and four tenths �,�`, ' percent (10.48) to twelve and one tenth percent (12.1�); approving � _ l an agreement to implement resolution Twenty-nine (29? , series ` of 1983; and endorsing City of Aspen Ordinance 85-24. County � � f Attocney Tom Smith introduced the resolvtion, which would achieve �„ � ,� the following; � a. increase the amount of funds to be ref unded to the City � of Asgen for the mall maintenance psogram from ten and � `.: f four tenths (10.48) to twelve and one tenth percent t � (12.Z8) ,, r. � b, authorize the executfon of an Intergovecnmental Agreement � I with both the Town of Snowmass Village and the City o£ ' : Aspen identifying the financial obligations of the � / � County to both entities � j c. endorse the City of Aspen ordinance rescinding the ��,: -',; City's seventh genny tax ` � �� ' The resolution would inccease the percentaqe of the new County ' � tax to be refunded to the City of Aspen for the mall maintenance �, � �� _ � progtam; the original allocation o# ten and Lour tenths percent ,�� r ' � (10.48) was apparently erroneons, in that twelve and one tenth �; l percent (12,1$) was necessary to support the mall maintenance � a '. � program. On this basis, the increased allocation was pcoposed. The �� Y ' i intergovernmental agreements would identify the conditzons undez w` r : j which the City and the Town would repeal their existing seventh • � enn sales taxes the obli ations of the Count subse uent to � �,;., ; repeal, and specify the use of the remaining funds by the County. �� The endorsement of the City's repeal ordinance was specif ically ?� ; requested by Council as the repeal was conditioned to various �'� , ! obligations by the County. Smith recommended approval of the j resolution, both intergoverttmental agreements and t.he endorsement ��1� of the City's ordinance as submitted. r ` . . 1 f � � Klanderud expressed some concern with the cesolution and r. specifically with the increased allocation to be provided the . i City for the mall maintenance proqram. The original percentage of :�� • ' ; �= � Commissioner's Meeting 6 May, 1985 - 1 1` • 1 . , �_ �, , _ , ,; , _ . ..,, .: . . . .... ., , . _. _ . ! • " , 4� , , _._,__ _.__-- _ _ - - .. ,�,. - -,� • . \" 4. ' � .. � J`�� t "i�:�i S 'K F ._ r . , 7' ...� 4( + ( �1�' '1 1,71 �,{`�,., ''�� l�'.,q'�abr�s'��ti a<'��' r.�. ti `i: � ,�"> '.�'r d .� ; � � �.. :� � , �''`ry,yT�y��l;� �i `�'^Cj'.��?.� � . �'uP• rY . - T `l {�" +� '1� � � . �f 4r;.a._:. �+, 2 �� }� � '�y��X. -�w�r�„I.E�N!Yb v 's.. 4..., r..Y.d.:,:1, a�,cA:' ;+r�'..:��, ... r.:• n4r..lflwxt�re: ..JEvHk�'= 4'. • '-F;;, js , � t�/� '�:�. .. . j..:li�._. ; ?.�, .. ; the additional County tax to be cebated to the City svas identified ` • by City staff as the amount necessacy to support the progtam, and was specified in a previous intergovecnmental agreement execuEed �'��"��-: •-' by both en�ities. In addition, the County sales tax increase as ` �-"'` `-r','^r:`'"... appraved during a special election in May of 1983 was conditioned i.,;� ,�.; • to specified allocations for the City ma21 maintenance and food tax cebate programs and sales tax bonds; the ballot question limited '�"� _ the allocations to the debt service and reserve £und obligations y i'" _ of the City's Sales Tax Refunding Bonds, to five and four tenths :i ' � ' percent (5.4a) for the food tax rebate program, and to ten and ,;�_,_...,,:,;. four tenths percent <1�,4a) for the mall maintenance pro9ram. it � . was under these circumstances that the additional County sales ; tax was appcoved, an�� t was the intent o� the voters that all s'--,.: , , 1j remaining funds be used for fransportation purposes. The increase :�.,- in the mall maintenance program allocation would reduce the ' " amount of funds available £or transportation, and it was not felt that such would comply with the intent of the election. �r1� �r,� �� . s County Manager John E2dert suggested that the Roaring Fork - ��y Transit Agency Board of Directors schedule a meeting with City ' Council to address this issue. � Child then moved first readinq approval ot the resolution � • � and to set a public hearing for later today, 6 May, 1985, at 4:00 � p.m, Kinsley seconded and the motion passed with opposition from =�"� Klanderad, y _ ` ----------- _� �; Public Aspen Lions Club representative Peter Larzowe requested that :5,;;'., - Comment the Board authorize the issuance of a permit foz the installation ' � of a plaque at the airport; the plaque, which would be provided r�'�" ' by the Club, was intended to commemorate an act of heroism that - � occurred at the airport approximately ten (10) years ago; a `,; , "�j resident of the Czystal River Valley, traveling on Hiqhway 82. �` _,; assisted in the removal of passengers from a burning aircraft ; that had crashed on the property and it was this act that the Club - ' j desized to honor, , � ' �f: ,. ! The Board was generally supportive of the proposal and ' � requested that Larrowe meet with the Airpozt Manager in an effort t to determine an apptopriate location for the plaque, - ; ----- � j : Child noted that he had received a number of complaints with + ; respect to the reduction in water flow from Ruedi into the Frying �' ' � Pan River. The County requested that the flow be reduced to allow ��> �.' for the installation of the hydroelectric facility although, fi �;' subsequent to its completion, a request to resume the flow was P 1 never submitted. Child reqaested that staEf monitor the construction � � ' -� of the hyd*o facility so as to prevent a recnrrence, � ,t �',° - t +�„3:.".:5� . .` ----- t .1: '� Kinsley stated that he would resign his position as a Board ?,:'� � � _ member from Commissioner District 1Wo (2) within the next two (2) �*� months; the resignation would become effective by the first �� , regular Soard meeting in July, or S July, 1985. +`i j _��,�_�_�� i, ..,. Aspen planner Glenn Horn introduced a cesolution approving the � 1;� Mountain Aspen Mountain Ski Area Master Plan in accordance with the AF-SKI ` � Ski Zone District. The biaster Plan for the ski area was considered � Acea at a public heacing during the previous cegular meeting, at whieh ��. � tfaster time various improvements and uses identified in the P2an were ! . Plan approved subject to various conditions of cecord. Hocn noted `'� that, during the public hearing, the applicant withdrew both � � the generic request for niqhttime and summer use of mountain 't '� Commissioner's Meeting 6 hlay, 1985 - 2 ' � � �,, . . ,-• _ . �� ' . . Y; ` . . r=�g w� a ,..- � . .: r- . �,y_- �.. �t t ,", ` .. ` �5�,r��''�:Y4i�t.�+��=m�` ��`r �� .��,. r"'�� t,�'r*i j� ..�:J� � ��,-�' r � ".•� , . t�,� c .�-a `. v t F 1., �i�; eµ, �, �~ + '� c �3a� -y � �pp,� .�t �� d��.�,.V��Yi. �.�, .�M,^ s.-r.-._ +�..:,,n+n .v.�.. . .. ,�.. .:tvt�sx�.:�r K?,;�f.-4.�` . . 'i.�.aiCS7+ . �. �L� fr�,I ��,� ;��. I restaurants and the specific request for the nighttime use of + Ruthie's; as a result, the only reference to restaurants in the ; Master Plan was within the use table, where they wece identified as a use allor�ed by right when the ski lifts weze operating. The �_;',• Board agreed, daring the public hearing, to consider a request by �,y..,. - Ruthie's whereby the Restaurant would be included in the furthec review cate or of the use table, and that r vest was continued �� . � 9 Y e4 i>':(=;::: until later this afternoon. t��,;';'' ' ; f..,. . � Hotn recommended a S".�`� pproval of the resolution subject to the i�:;;�;;. inclusion of the followin clause: � `�' 9 i ' ; "WHEREAS, the Aspen Skiing Company withdrew their genetic r s request foz night-time and summer use of restaurants at a �-: .- � � � Board work session on April 16, 1965' � �;r. - �� Klanderud expressed some concern with the condition of � ��±� approval that addressed parking. The Skiin9 Company was required, ;� as a condition of Master Plan approval, to mitigate the increase -;� in skier capacity by providing an additional forty-six (46) , � off-street skier automobile parking spaces as follows: ia, the spaces may be provided on-site at the base of � Little Ne11 subject to appropriate City land use appzovals - � � b. in lieu of constracting the spaces the Company would, � � t at the request of the City, pay for the gro-rata share �� i of constructing a similar number of spaces in the event � ..• :. � the Cit a y ppzoved a new parking facility t``'�� - ,� i:' - ^ � j c. or finally, the Company would participate in an intercept � : ; pazking/updated mass transit progtam at the request of s;' : . � either the City, County or the Roaring Fork Transit ; Agency. In this latter instance, the Company would be � - s'� required to contribute a minimum of four huadred and � sixty thousand doilars ($460,000) and a maximum of six � hundred and ninety thousand dollars ($690,000) � ; it was also noted, however, that, in the event f uture studies `=c"; undertaken by either the City or the County indicated that fewer "''+ than forty-six (46) 5paces were generated by the expansion, the `i parkiny requicement or the Company's contribution to an alternative � progtam would dectease accordingly. Klanderud was concerned that this condition emphasized parking spaces to the detriment of 3� other mitigation techniques. ; . � Horn explained that the condition was drafted to provide the , applicant with the greatest flexibility in mitigating parking E ; " "; impacts; the condition, as draEted, was intended to indicate that � �" the applicant could mitigate parking impacts with a variety of ' j � techniques and not simply by providing a specific numbec of � parking spaces. The condition would not, for instance, preclude c �i : � alternative mitigation techniques such as participation in a , �� future mass transit program, rather, it would aZlow for the use of �', any combination of those techniques identified. �� ,i '� �; Klanderud expressed some concern that the payment-in-lieu �� option made available to the applicant only ptovided for a cash R �,; �`; payment to the City. Horn explained that the parking impacts b =' � associated with the increase in skier capacity would most likely �' ' ; occur within the City limits, and for this reason the City was j " :. i identified in conjunction with the mitigation techniques. The < ��- payment-in-lieu option was intended to provide the applicant with f the option of contributing towards a future parking structute in �l� the event one was approved by the City. � �� Aspen Skiing Company planner Fred Smith, representing the ! . ,, applicant, explained that he had revierred the condition as ' , submitted and that the applicant was satisfied with the options y ' � identified. ':� + . '�i� Commissionec's Meeting 6 riay, 1985 - 3 �.� , '�� . . j,�Y . .T !;� , • . - � . � , .. �� T ��, � �� k - � � ��?��r-s �n�.g y ti �k �i �, .�;,.�(S.,]a.e i'�i� r :-��"-x.,F�� c.; _ ryti ��.i�y ; Y:: � ,e,� T s n u y �� S r:.i �ir r� . ��1k� ��'��h' )t �F��`g;a7.4�0.'� �.:�s��.�.,31: . .�.�...w. , ......t=_ . . ,. �^-�.;. .f�E�L r_'�1 rt+�,n�r�.. . �;=al s�� ,-� `.��'ti. :,. ,...;; � ' Child expressed some concern with that condition whereby the Company would revise, and the Board Chair would approve, the +; .;' ' rlaster Plan to ce£lect those changes made ducing the review ;:=.: process. ChiZd felt that Chair approval should be limited to f`�., .' minor changes only. Horn agreed to amend the resolution accordingly. r; �"=: 1 Child then moved to approve the resolution subject to the � '� " ; addition of the £ollowing whereas clause: r �� "tidffiERGAS, the Aspen Skiing Company withdrew their generic ��:`."�' ` request for night-time and summer use of restaurants at a t. ' ,ry Board work session on April 16, 1985" t. '7 �;;�. , j and subject to the following amendment: �:': . � IV. Revisions to Master Plan � k� . The Aspen Skiing Company shall revise the draft of the - '� Master Plan to reflect minor changes made in the review �,.� process and Tom Blake, Board Chairperson, shall be authorized to review and approve the revised plan prior ' to signing the resolution of approval, Such changes � sha11 include without limitation the following: w " ;� a. withdrawal of the Aspen Skiing Company's request � ; for the generic night-time and summer use of • � i restaurants _F �: r• { Kinsley_seconded and the motion passed unanimously, . f , � �'-z . ;�4�� Mineo Building inspector Patsy Newbury introduced a request for Mobile the extension of a mobile home permit issued to Robert Mineo. Mineo � �Y� Home has applied for and received a building permit for the construction ' `� .4V Pecmit of a single family residence in the Crystal View Heights Subdivision i' ;' • M1�: Extend located in the Crystal River Valley, The applicant has also been �• � issued a oee (1) year pecmit for the location and use of a mobile '�±,� home on the subject property, pursuant to Section 5-504.9(c)(1) of the Land Use Code, pending the construction of the residence. The -� residence was still in the process of construction and it was <;•;�� anticipated that electcical and plumbing �acilities would not be � completed until sometime this summet; as a result, the applicant c: � has requested an extension of the mobile home permit, to allow ; for its continued use, pending,the completion of the new residence. Newbury recommended that the permit be extended until 1 September, ; �� 1985, as this would provide the applicant with sufficient time to ' obtain all necessary inspection requirements and remove the ' 1�? 'j mobile home from the property prior to occupancy. -'" 1;, � ChiZd moved to grant an extension to the Mineo mobile home i r .;�, permit antil 1 September, 1985. Kinsley seconded and the motion � � passed unanimously. �;;;:�;,,;.. F� �t� � f,�� -------�-- � - �5 Crystal Assistant County Attorney Gary Esary introduced a resolution � �`� River accepting a petitfon for the formation of the Crystal River � i Country Country Estates Pitkin County Genetal Improvement District; � �*:• �� Estates ffnding, after public hearing, that the petition meets the � ' .� Improve requirements of state law; and declaring said improvement district i-. . District to be duly organized. Esacy requested, however, that the resolution s. be tabled to the subsequent meeting to allow foc the processing :� ��`: of a 1041 application; the petitioners have submitted such an . application and review has been scheduled for the 28 May meeting. '` The tabling of the cesolution would not defec the construetion of ' �•:,,:i the bridge as this project has already been initiated and was 4 , ,�! proceeding at risk, }' �.� ;4c -' . +��1 Commissioner's hieeting 6 �tay, 1985 - 4 :�s� ,- " • . :i - �• ' , . : �1 . � , Y f.' .. .1��E �Eyy� SD (�. t �f'� .r3 Y �. ..lY Is�'!�� .; �' l r ��!'' � �P's'�T. �.�'1�y�t.L��'�',YgC�a� �k�� Yi^ \ry . M .,7 `�,al",{ _I� r '��,w � .1 ra�� i ^n" f�Y,� 'k��Ei��. �; ..:�L4:.,,r..,s . ..-,-.�,ir .."o..., ., ,.}e 4,d: .ia.K.]�-�i.,��-5�=,! . . . '°c:�.. . 7s`i. � �� -st.:+, . "'.'1;+:.... �! � �I � ` Klanderud moved to table the resolution to the 28 May, 1985, � meeting, Child seconded and the motion passed unanimously. i j � Mellow Gary Esary introduced a contract to be entered into between Yellow the Board and Mellow Yellow Taxi. Esary requested, however, that � Taxi the Agreement be tabled pending the submission by the company of - � Contract proof of insurance, - ' Madsen move to table the Agreemettt, Klanderud seconded and �` � the motion passed unanimoasly. - � .. t --°------ ` i - { • t Aspen The Board convened a public hearing to consider a 3.2 retail � Quick liquor license application submitted by the Village Venture �+.��' i Mart Corporation. Deputy County Clerk Kim Whitestone introduced the '�` ` Liquor application, a request for a retail liquor license for the sale �� i License of 3.2 beer for a small grocery outlet to be located at 14222 �!=��1 Highway 82 in the vicinity of the Aspen Village Trai2er Park; the _ ; facility, which would be managed by Linda Crouch, was previously a known as the Roaring Fork Grocery Store, xeferral comments were �� generally supportive and Whitestone recommended approval of the application without condition. �x -- � Blake opened the hearing f or public comment; there being - � none, the hearing was closed. d /f,.� Blake then moved to waive the formal hearing procedures as there was no one present to oppose the granting of the license. � Madsen seconded and the motion passed unanimously. _ `I Kinsley moved to 9rant the liquor license as requested, , � #� '*� Child seconded and the motion passed unanimously. , . `. . �"�' � ---------- � ��. ��'�"� � Public The Board convened a public hearing to consider a petition '� i Aearing: for the formation of the Holland HiZls Pitkin County General ,c"�'°.! Holland Improvement District. Assistant County Attocney Gary Esary _ :' � Hills introduced the petition, a request to form a special district for •°��„ ; Improve the purpose of improving the roads within the Holland Hills �,� :j District Subdivision in compliance with County road standards. The estimated ,,,Y.� sjs� cost of the improvements was ten thousand dollars ($10,000) ,, �. annually; the petitioners proposed, in lieu of incurring any ��' � debt, that the district be formed to generate funds Eor the � improvements, which funds would be expended on an annual basis. _ �"<3` j Esary explained that the Board must make the following findings - � prior to the formation of the District: � i 2, that the petition was signed by a majority of the total � ; number of electors who own taxable real or personal � ti' ! property within the District � a � ; ;;� ?; 2, that the petition contained genuine signatures of not " '`^'.-"' � j less than a majority of the electors who own taxable ! i5'��;�.,,j real or personal property within the Dist.cict A � 3. that the improvements proposed would confer a general :..��: *;• benefit on the District : + r� �?i 4. that the cost of the improvements would not be excessive �.°' as compared with the value of the property within the �l: District , ` ?x`�}'� With respect to the above, the County Clerk has determined that ' �'��`: thece was a total of eighty-six (86) electors within the District, , '� forty-five (45) of which signed the petition, thus constituting a , '.�,�,� ' majority. None of the signatures have been challenged, such so +� Commissioner's Meeting 6 t•tay, 1985 - 5 rz' . '�� ' . r: h� . , , Y Y . ��. ; �t� �r � .. y-ri•:.. ..:�v r ,j �c { - l y �. r ' . ... �+��w � 4Tf1��a�f?'R�1 5�'eU�=� . � 7 f4� f f r .� �f�� , � ,? r � �.k �tje iSt7• `e� 4 tt�a �.,n,�4r5ta; `rt �.� �a l' � `� �� z�'`��- .aLw+�w. . n '. °�s.f'. i� I�,�i ,�-..=+� _e:'�. .. _`.� l � .k .. :�,.y. s..�).t.�i�� . i•r Y_ .� ��: �ry; . '' �,A;'�,� xA that they could be fonnd to be genuine. The County Assessor has determined that the assessed valuation of the property �vithin the District was eight hundred and twenty-eight thousand. seven hundred and ten dollars ($828,710); on this basis, the cost of � the impcovements proposed was not excessive. The public Works � Director has indicated that the improvements would confer a j�_;" . general benefit on the District. ;�. Blake then opened the hearing for public comment. Petitioner t;;; � Flonroe Summers, a property owner tuithin the District, explained j , ; that the formation of the District would pzovide for the assessment ; of twelve (12) mills to be levied against all real property i within the proposed boundary; the boundary would include the entire ; - ; Subdivision as well as eight (8? adjacent lots which use the � ; Subdivision road system. The special levy would, on an annaal , • � basis, generate approximately ten thousand dollars ($10,000); the '� -i mi11 proposed would result in a tax of approximately seventeen • �� dollars ($17) monthly for the residence with the highest assessed "';� valuation in the Subdivision, whereas an unimproved lot would be , �:k:� taxad approximate2y three dollars ($3) monthly. Summers expleined that the formation of the District was proposed not only as a ' i means of generating funds but to obtain eligibflity for Highway . = User Tax Funds; it was anticipated that the Distcict would . 4 qualify for approximately twelve thousand dollaxs ($12,000} ,' �.; annaaZly in Tax Funds, and this amount would be used, in addition ' - =i to the funds genecated by the District, to achieve the pcoposed 'j � , road improvements. The immediate improvements would provide for _ _ ` .; i the construction of ditches, culverts and the use of fill to � w { raise the road in specific Iocations; it was sugqested that homeowners install culverts in their individual driveways so that ( funds generated by the new District could be used for general � improvements only. The Subdivision consisted of approximately one ' ' and one tenths (1..10) miles of road; most of the roads were : a;�� constructed on a sixty (60) foot right-of-way whereas a smaller ;��` 1 portion consisted of between twenty (20) and forty (401 feet. '�Y^`Ar.�: District propetty owner Peter Abplanalp was very supportive � ^-� of the formation of the District; the road improvements were �;:. � necessary and would conf er a general benefit on the District. ,�;�� District property awner Gail Bishop was aZso supportive of '�� ' the District. The roads within the Subdivision were in poor � - ��-j condition at this time. and the Roaring Fork School District has `` .,<_� '�'�..a indicated that school bus service into the Subdivision would be �j terminated unless some improvements were achieved. "3'`� Aistrict property owner Rent Schuler noted that the roads �::i�j within the Subdivision have deteciorated to such an extent that •;�;? � immediate improvements were necessary. He questioned the procedure ;I', ;:-` whereby improvements could be achieved upon the formation of the ; " district, Esary explained that, subsequent to the f ocmation of � �:,�, the District, a special mill levy assessment would be authorized; t� - the funds r�ould be used for the purposes proposed and, as the � :: � F�� petitioners have not proposed to incur any debt, a bond election - > �,�� would not be necessary, t ��.{ John Morris, the owner of property situated adjacent to the ! , Subdivisi.on, noted that edditional f unds caould be generated for '� ``�}4 the District once the undeveloped lots were developed. � � .::.� ; . ' Finance Director Tom Oken noted that the petitioners have . ,�� requested that the County advance five thousand dollars ($5,D00) in funds to the District for the purpose of achieving some immediate improvements; funds �o advanced would be repaid to the �: -'' Couaty from taxes collected next year.. Oken expressed some �s •x concern with the request as it was not known whether the County k� could loan f unds in the absence of an election authorizing the � ��` •; loan. Oken recommended that the Board defer the request pending '' �'�.°�� an analysis by the County Attorney. � :�,;�+,� . .tt x�`�� Commissioner's hteeting 6 May, 1985 - 6 � ,a� . � � . r- . � � ' ` - r a � , � . , � , `: � 'rjA�}t•��iti�i�b si" ��?�'r��.t`�r� �°�' R'h �< r'1'�� yr?' r d` r},^' �t�• �F SM r�.dt�,d`M o��e 5jz A .. .� .,�` .s,, i �..�Ye Y y�� .. $�,�'{�;w .,.,,..,•;s-',a:'�k-"'>4.;.:�t�`.�. s:.: . • ..n-,ai'r...-...'�.�! sa...::,t,� ''�`r�,.;� r.>..�.W1.. . `4.'�`i". �,y. � •:,,:v;;.,. Madsen asked if the petitioners had contacted the Department �, of Highways to provide foz turn-out lanes at the enttances to the Subdivision. Summers explained that the Department has initiated improvements to Highway 82 and that improvements to the Subdivision � entrances were included in this program. _ 'I Klanderud expressed some concern that the assessment would generate funds on an annual basis to provide for the improvements; { it was not known, howevec, f or what pe:iod of time the levy would . I be inposed. Esary explained that the assessment would be in place � pending the completion of the improvement identified in the _ petition, after which the District would be required to advise .- � the County that the assessment was no longer required. Esary . __� agreed that issue of loaning funds to the District this year ' shunld be deferred pending a 7.ega1 analysis; the formation of the District could be apptoved today, howevei, ptovided that the 2 �^ � statutory findings were complied with. �,",`y � : ,_�_,� Blake asked for additional comments; there being none, the `�:k:�-�.'I hearing was closed. .,<. � Kinsley then moved to find that there were ei9hty-six (86) . �I electors who owned taxable real and personal property within the I District, that the petition contained genuine signatures of not �,� less than a majority of those electors, that the improvements -_ �., ' would confer a general benefit on the District, the cost of which r�ould not be excessive given the value of the property within the { � �- _ .,' District. Child seconded and the motion passed unanimously. ; ,. ; ,� Esary explained that a resolution creating and organizing the District would be draf ted fo= the subsequent meeting. The �.� issue of advancin9 funds to the District would be addressed at i that time. a`�` i ---------- r. . , , � ,, �`�`�;.� Public The Board continued the public hearing on the Aspen Mountain `' .?}'�.,", 8earing Ski Area Master Plan specifically to address the issue of Ruthie's t.. ;�_�; Con't: Restaurent and the request that it's use be identified in the ��• ��.:� Aspen further review category of the use table of the Plan. Planner �_ PIountain Glenn Horn submitted to the record the Planning Office memorandum ' - `� ! Ski of 6 May, I985. Horn explained that the Master Plan was reviewed `. ; Area and approved by the Board at a public hearinq held during the �'�;:! Master previous regular meeting; at that time, and in conjunction with 5 Plan; the approval of the Plan, Ruthie's Restaurant applicant Frank y �? Ruthie's Lerner submitted a request to amend the Dlaster Plan specifically � _ �� to in dica te t h a t t h e n i g h t t i m e u s e o f R u t h i e's w o u l d b e a p p r o v e d .�;;�j as a use subject to further review. The Aspen Skiing Company ! originally requested that the nighttime use of the Restaurant be identified as a use that would be subject to further review; a;�.. . ' , the Company withdrew that request during the public hearing, such �t'1 `�"; so that the Master Plan, as approved during that hearing, only w"•T�°! indicated that restaurants situated within the ski area were a � ,:�;� use allowed by right during the opecation of the ski lifts, The { request submitted by Ruthie's would have required a formal � ';�� amendment to the Master Plan consistent with Land Use Code { . '" � procedures; as the request was submitted during the review of the �� !s'� Plan, hocvever, the Board agreed to consider the issue in the � absence of the formal Code amendment procedure� and tabled the �`+' request to today's meeting. `Y�...•,, � : ''.,f:� Horn explained that the Master Plan identified three (3) distinct uses that would be allowed within the ski area; those allowed by right, those subject to further review, and prohibited `�\; '� uses. The categoty on uses allowed by right was further distin- ',x -� guished by two (2) subcategories: those allovred by right on a :�;,+'� year round basis and those allowed during the traditiona2 winter ' � ski season whil,e the lifts weze operating, Uses allowed by right "'�'�' on a year round basis included grazinq, hunting, hikin9, employee , ��,� housing and others, whereas uses allowed during the traditional :� �` Commissioner's Meeting 6 btay, 1985 - 7 �b� .. .�' � ,. ' . . . . �� . .,: . , �, , fid' i -- yr� ' �t ' � x;.... � ��4��r��e.''t♦ 1��L,� '1 _ i it Y .�. �.L` t�� r �f•�+�iy�.�,'RI+W� "`-+h�..'�,.3... � ,,. ..3 ,,.ry.« ..�._..... '�...?�.d�'.�.,f ,'.�a_�� +..,...,�c... . . .,..... .� _.,�.��..__ ,..._ y 1 ,x �. .,i,�'c�' `�i�; � `£'t y,r�µ""�iti�,. 5y�. k�'��i.'!„;rd�x'. winter season generally included existing mountain faciIities ��";' such as ski lifts, trails, ski school activities, restaurants, ` ','''. �;�> and others; further review uses included expansions to existing _ :. � snowmaking facilities, utility expansions and unidentified •"�•-" ' accessor vses while uses anticipated as rohibited included a11 ''��`� •'` Y . P f retail office, restaurant or ather commercial activities, The use �- �_� table was genecally established such so that allowed uses included those that opetated in direct suppoct of the ski area itself, while .,;�>:�:�'r:.,`.. � pr�hibited uses included those that did not opecate in direct , ;:. support of the ski area. The further review category as defined by the AF-SKI Zone �r �; ' District was intended to address those uses that directly support }�:4;�,;; ; the operation of the ski area and have significant environmental ;='' fn<,: . . and service related impacts which can be mitigated. Although kr;�. detailed technical issues concerning a proposed further review 'j. ' use, such as utility service and others, could be deferrecl until �'�,. ...': , � subsequent to the adoption of a Master Plan, a determination must i° w,} • . ,; be made during the review of the Master Plan on the appropriateness °�� ' o£ approving a further review ase; a Master Plan, once approved, `y i was intended to 'establish a listing of approved uses so that the A� individual review of each use would not be necessary, and it was � 1 duting the review process that lattd use decisions on appropriate � uses must be determined. On this basis, and in order to identify �� the nighttime use of Ruthie's Restauzant within the further review x�� category, it must have been demonstrated daring the Nlaster Plan ' '- �q ptocess that the proposal would directly support the operation of � -;,, y the ski area and had significant environmental impacts that could : ; be mitigated, alI as defined by the subject Zone Dzstrict. - ` The request for further review status was submitted by the ; . � . Ruthie's Restaurant applicant on the basis of economic viability. It ?` -' � ! was maintained that the operation of the Restaurant during the ? opecation of the ski lifts was essential to the operation of the , � ski area, and that the nightta.me operation of the Restaurant was � essential to the economic viability of the facility. The applicant . •4r � • � indicated that the Restaurant was the only mountain restaurant I facility 6uilt entirely with private funds in the absence of any ! subsidy by the Skiing Company; given the absence of a subsi@y, and � as approval was limited to daytime operations, the faci].ity has � i not generated sufficient revenue to meet operating costs and debt retirement. On this basis the further review request was submitted i as such would allow foc nighttime operations and the generation j of additional revenue. . � 8orr explained that the Restaurant was initially approved . � for winter daytime operations only, and it should have been on �.. .. 1 this basis that the viability of the facility was assessed. Although � that approval was later extended to summer daytime operations, �.`: �. .:�,. ': the initial economic justification for the Restaurant should not ?`�;'- � have relied on either summer or nighttime approval. Zt was , 4:` `:j considered inappropriate at this time to amend a previous land r_ �! use decision on the basis of economic considerations, and it was " 1��i_s: ' not felt that the Connty should advocate land use amendments on r.. ,.�� this basis. The request for ni9httime use failed to address the � � �,? requirements o£ the subject zone district in that it has not been `:!. '� demonstrated that such would directly support the operation of � + � . the ski acea. '° t� ' The applicant also maintained that the environmental impacts f �' r; associated with nighttime use of the Restaurant could be mitigaked. � It was indicated that lighting, landscaping, transportation and � ,,,� safety were the only environmental impacts associated with the ; :� nighttime operation o£ the facility, and mitigation was addressed , as follows: t �l ; 1, lighting/landscaping: the applicant has agreed to _ ;;� comply with the County's lighting standards and the ; � landscaping standards of the U.S. Forest Service. Staff ' recommended that the applicant agree to comply with the s ., • >;! � ; � Commissioner's Pleeting 6 Fiay, 1985 - 8 ;#,� . �� . • :� .. . , ;;,, �: '�:. � \ � �'" Sh �,g�'w ,{.� f .' .s' j. . . t�- . -�R� ,... -; � '. (" '. w � '�s��'�C �eT41n v t ,r u: S,t� � � { t"`. .�' ...�i,s3� .� ': le, ��„� �, fs �.i t� .� � �' i ♦ �r {� * f' q�� t.n r r st, ! i�. a r � � t'�,04.,yr�i&s. ��"'+3c�+�",; ,+ . „�, ..Naz ....,,,,.. j . C:'n.. t<w:i:��.. . ��r..'�4. r . '�,�r' �� . ��f., �'i y, � .'1�i�� County's adopted landscape standards in lieu of Forest `�; Service standards ;-'� � 2. transportation/safety: the applicant agreed to explore �;�:":- "state of the art" transportation equipment and to �T?- limit trips to and from the facility; it was maintained I�';`:; that transportation would not result in any visual h"-=:;':' impacts. A parking plan would be submitted at a future � - date. Past reviews have indicated that two (2) seatings 1 ,, _ at the Restautant of between eighty (80) and one :�;ri-•r. hundred (100) persons each would tesult in between �'':� sixteen (16) and twenty (20) t�ips both up and down the {+ �' mountain; this level oE use would constitute a major i iinccease in mountain traffic and would create severe, � and possibly unmitigatable, impacts on visual quality � ';? 4 and neiqhboting residents. Aspen Mountain Road consists ,�' x of a narrow right-of-way with a number of switchbacks •.'� and grades of up to fifteen percent (15$) , and the use E ,� of this road could result in a significant safety F ,f� hazard. Other hazards, such as Restaurant customers � skiing down the mountain subsequent to its closure, access/egcess to the Restaurant, and others, were not ; addressed, The Planning Office maintained that the f� applicant failed to demonstrate mitigation of the + _ i safety and ttansportation issues, including a parking ` _ � faciZity in the base area, the use of Aspen Mountain � ; Road, and other environmental and service impacts; as ;, • _ j impact mitigation was not demonstrated during the t, ; -. . Master Plan review process, the vse requested could not •� be approved as a furtheL review use, f �;:, ' Horm concluded by noting that the critezia established for the �',.�,;.` .. � further review use category of the Master Plan have not been �;_- + complied with; the applicant failed to demonstrate during the k�� iaster Plan review process that the nighttime use o£ Ruthie's •�:� would operate in support of the ski area, and that the environmental I` � �;; impacts of such could be mitigated. As a res�lt, the Planning ':.. ` '`-E�! Office recommended that the request that the nighttime use of ±• �';:'' the Eacility be granted furthec teview status be denied; the �r'� Office recommended, instead, that the nighttime use of the '; "�� Restaurant be identified as a prohibited use. ' a ` { � �->> Rlake then opened the hearing for public comment. Bob ; '� Hughes, an attorney representing the appiicant, submitted to the ' ` record a letter from Edwatd S. Cole and Company dated 16 t�arctc, 1985, and a letter from U.S.F.S. District Ranger Denny Bschor , , �� dated 6 Pebruary, 1985; the former provided selective financial ' � • _:..� data on the opecation of Ruthie's over a two (2) month peeiod indicating that a loss was incurred, whereas the latter generaily � !y? t endotsed the proposed nighttime use of the facility, Hughes was � � -+ concerned with the Planning Office recommendation and particularly � r� the contention that a further review use must operate in "direct" 4;::` ,,_,<� support of the ski area; although such support was qualified for y certain uses, the AF-SKI Zone District did not specify that ' -� fucther review uses must operate in "direct" suppoct of the ' ,r, opetation of a ski area, rather, it simply indicated that such + :;? uses must operate in support of a ski area, flqghes explained that � . attorney Nick McGrath patticipated in the draftinq of the AF-SKI � �� Zone District; t4cGSath indicated khat the word "direct" was �: ° intentionally deZeted from the furthet review use category as ,, . - `�.:"� this particular category was not intended to be as restrictive as I = - .:� t that which allowed for uses by right, The request foc further � .` . review status was submitted on the basis that the nighttime use f of the Restaucant was critical to the daytime operation of the � facility, all of which raas essential �o the operation of the ski i' • �:' area. Nighttime use was necessary as such would provide the �'�' revenue to subsidize daytime operations, and in the absence of ;; such a subsidy, daytime operations could not continue, all of ! , .,� which would be to the detriment of the ski area. In this sense, ' ` the nighttime use of the Restaurant was felt to be in direct j � . :;'�;°� �� Commissioner's hieetin9 6 Ftay, 1985 - 9 �9"� . � .. . . . . , �r � , . _.. . . � , . . .... .�:•� ' . . . . , . . � . . .:� . � ' � � . ,. f. , � .. Wq'C'7' ti 4�{�t 1 ,+ � - � . 5.r_ :� �.', � `) � �t'�e.��t�4 ifi��? �� y 4 .�"�r �al�h� 1 t Y i .... .�` .., r,,:? l.,. `,V'r , , ;,.. l.w!iJd4� �.R�., .r'f'��i�^ 17�`^�A", :3�{•`!i ..� ai.�� w ..0... . �:�i.3�Ydti,y3��. �: .. �.�l��k�i �7 `� .�: ;1 ,y; R�r��' support of the ski area; nighttime use would further support the s::i acea in that it ��ould enhance the competitive posture of the ��' resort. The nighttime use of the Restautant was felt to be somewhat analogous to the grooming of the ski slopes, an activity which also occurred during the evening hours in support uf the �.` ski area, it was noted that the Restaurant incurred a deficit of � - approximately two hundred and fifty thousand dollars ($250,000) �`: during the 19$4 ski season. ;;-',;�. Hughes noted that the criteria for further zeview status was �' ;i � - , broader than in@icated by the Planninq Office; the AF-SKI Zone ° District regulations allowed for such status not only for those � -. '� uses which support the ski area and with impacts capable of ` mitigation, but also foc those uses found by the U.S. Porest y Service to increase the overall capacity of the ski area; the �? � � Bschor letter previously submitted to the cecord indicated such s`' sup�ort. With respect to mitigation, it was noted that the .,,,�� sub7ect Zone Aistrict indicated that further review uses included . those where an applicant was unable to supply adequate information during hlaster Plan review to allow for a use determi�ation; on "r� this basis, the nighttime use of the Restaurant should not be denied simply because the applicant has not addressed mitigation. '-� The applicant, although concerned with the impacts noted by the i Planning Office, did not address mitigation at this time as it ::! was not felt that such should occur during Master Plah review, _, _' Hughes explained that the Ruthie's facility was representative of an existing commercial restaurant facility on Aspen t4ountain, � - � and that the request submitted for Board review today would not - provide for a new use, rather, it would extend the hours of � j .;�. � operation of an existing facility. The subject mountain was - � already commercialized at this time, and the basis for the _ � request was not dissimilar to any other land use application as all such applications were economicalzy motivated. Finally, �4,�f:� Hughes noted that a land use application was prepared and submitted � ;� to the Planning Office cequesting and justifying the further ' r ' revieca request; the application was not made available far Board ' +�'��j review as it was not *_ncluded in the cket and there was some :r`"•' concern that a decision on the request may be made in the absence - V::) of such review, - � '� Lenny Oates, an attorney representing the applicant, requested ' that the Soard review the land use application priot to acting on '',� the reqnest. �� County Attorney Tom Smith recommended tiiat the Board deter ; ;�.� action on the request pending a review of the application. �.., ;,�:;� Mark Friedberg expressed some concern with the cequest and � , pafticularly with the use of Aspen Mountain Road; although not ; 3�� ~ ; opposed to another restaurant, he was concerned with the safety � �!: i of the Road and that a roval would set a pp precedent for other � ; ;: ��, nountain restaurants. He suggested that, in the event nighttime � �?,:9 approval was granted, it be limited to the winter months coincident �' � a� with the operation of the ski acea as transportation to and from � = the facility would not rely upon the use of the Road during this e '„,',� time period. �:''',. . i4+ Aspen Skiing Company pZanner Fred Smikh, also representing f '� ;.� the applicant, explained that the safety of Asgen Monntain Road t � ,__� was discussed at length both by CiCy Council and the County t,,, ' .x' ` Planning and Zoning Commission, and that the safety issues i were resolved at that time, With respect to establishing a ! '�� precedent, he noted that the denial of nighttime use would also t . ` set a precedent in that it may preclude the Board from reviewing �.: ��i � future proposals. �, � Kinsley noted thak the financial liability of an applicant, � � � as distinguished f rom overall economic benefits to the community, was not pertinent to Hoard review of a land use proposal, and he . �'.�*{ ' �t : Commissioner's bleeting 6 May, 1985 - 10 • �� ' ' . i<� . . '�• 1 ' . ;� - - Y ! . . f�' . .. �,'S' ' t• �.:+8y; � *; r',.� �r: r,ar.. .�,�� r.11 ' ��4=�� ' � .'''� �I�i�:�: .��'�S�C'�+�eK�'i/+��'�.� a�??i i � 3� .. � t+. � ; r y � '..� �' � � .�� j 'F�� 0 � ��'�3�i1+ ��° f"- �. . F + �.-y^. �. + C i:a 1 ( ��. � r�^ �` -- 'kl �t�tn.�4 �,_ �> j�5 L ' '�.�'�:� ?✓�t.��`t _ �� , �t�. c c r�L _"t''.f 4'� ��'.rt,,F �I aY1..hJ e �c' iL� :....g`� TY �_r�:_ .,.. _ . �`.t,: 1 �t; - : '.!Llf,. � moved to find, as a general policy of the Board, that sach was irrelevant to the land use review process. The motion died for � _ lack of second. 1. Child noted that the City Engineer, in his referral comments, ��"- indicated that the nighttime use of the Restaurant would require %'� a base area parking facility with between one hundred and sixty �� (160) and t�vo hundred (200) parkin s aces. Based on this referral �`" _ there was some concern that the9Board only required the Skiing �"' � - Company to provide a total of fotty-six (46) additional parking r spaces in conjunction with the approval of the Master Plan; it was � suggested that, in the event the Board approved the niqhttime ` , � � use of mountain restaurants within the further review use category, } ; either on a generic basis or specifically for Ruthie's, the Board ' ' should reassess that portion of the Master Plan concerning parking �-� impacts. Horn explained that the number of parking spaces identified = by the City Engineer was not absolute in that other optiotts, such ='��" as shared parking, have not yet been explored. The refexral was -7 intended to indicate that the Ruthie's applicant was responsible ; for mitigating the parking impacts associated with nighttime use ° at bottom of the mountain. ':.d _ •} Hughes exptessed some concern with the City Enqineer's ' "1 referral as it was not known how this number was justified; the � . '- japplicant has not determined how many seatings would be offered � , durinq evening operations or which portion of the Restauzant ' " i would be used foc this purpose, in which case it was not felt ; that a specific number of parking spaces could be determined at �.'i �; . i this time. Hughes requested that this issue be deferred pending � futther review approval and the submission of a specific operating � 1 plan. • , . 14_;-� . . 1 �' t Hocn exp2ained that the number of parking spaces identifie@ �s'�*�� by the City Enqineer was detecmined on the basis of a previous �� ; application submitted for nighttime use, wherein the number of -';�;; i seatings, and the number of persons pez seating, was identified. �'.� Oates felt that economic issues should be considered during t �� `� the review of the application. He noted that the Ruthie's facility � ��''`,� achieved a tap into the City Water Department and Sanitation ; ,��,-.�� District facilities at significant expense to the applicant, and �= that the Restaurant must compete with other facilities; nighttime f� use would allow the applicant to recoup these expenses and • would provide foc competition, and oates requested that the Soard consider these issues. , � .- �.`j Horn explained that the Board should consider the request � ') for further review status on the basis o£ the criteria established E �' __ ,��w{, pursuant to the AF-SRI Zone District; in the event further review � a?_ � approval was granted, for instance, it must be found that the � � �•,°� nighttime use of the restaurant would support the operation of � the ski area. Once such a finding was made, nighttime use must t+,� be allowed unless it was found that the environmental impacts r • ; could not be mitigated; further review approvaZ would consCitute � ' " �:� the basic land use approval for the use requested, such so that � � - - nighttime operations could occur unless the applicant was unable 3- = to demonstrate impact mitigation. 1� '•r:` Oates explained that the daytime operation of the Restaurant was considered by the applicant to be in direct economic support - of the ski area, and that tE►e nighttime use of the Restaurant "�, - was critical to daytime use; when considered in its ecitirety, • ° t it could be Eound that the overall operation of the Restaurant ' � � supported the operation of the slsi area itself, j. � � Hughes roted that the nighttime use of the Restaurant was i•` .� important in marketing the resort and that it would enhance the �� competitive posture of the community; in this sense, nighttime Commissioner's Meeting 6 P1ay, 1985 - 11 , . . i , .i ,N �' � �' • � � . '..:f �.y t�7 �4.Z��.61^ X�.� r .. . ... . . . ��'�b -::. �.�� .; "ti.�"�['�'�i�'t�?``� ... �9�i?, .i � .ti.x . as.. a. � - Ft . .r . , �?.r � .' �p y,k d iSllZ iT1 . Y y d. 4 J a.t 4 � � �S.,+il )G.- k.'(.'; l�:i��1 �� fi�C+ i .:� .N.^` �. .� {3 �t ,F W i" 4 1�.. 41 .,�i� P " �' r.. >:i::a;�rs�', 4D'°' } ,�Mr:_^.;�4.,,.:"�.'. ."�y.� .. .�... ....-71�..�.f.:-�� ..��':..�b.�� +�� _`�.r+� '. . . . . yy. . :�.. .,��: ,�1 ; 1,::: � operations could also be considered to be in support� of the ski area. ' ; ` Klanderud noted that there could be a numbez of instances in . ; future when the economic viability of a single, or any number of �' . businesses, could affect the economic well bein of the communit '�_� i 9 Y• !�,t•;'. � Although the Board desired to enhance the well being of the 3:='.� _ } community, it was not known whether this issue should be considered `` = : in conjunction with the land use review process, and in this � ` _ . � instance it was noted that the Restaurant facility was constructed � " by the applicant even though it was conditioned to wintet daytime (�`�:.� • '; use only. The facility was constructed on the basis of wintet i daytime operations only, and it was on this same basis that the land ' , � � use decision approving the facility was made. There was some concern �p,- ' that the applicant would, at this time, attempt to amend that land � use decision on the basis of economic deficiency. : "."�� Oates noted that the ski area was previously zoned AF-1, a � ,'_.� designation which was much more limited than the existing AF-SRi � zoning; the rezoning of the ski area to AF-SKI has allowed £or ..�•.� an amendment to the initial land use decision on the Eacility. ; i '! Friedberg expressed some concern with the quality of the � ::�j food served at the Restaurant and he suggested that improvements - in this area may enhance the economic viability of the facility. . s,++"i '.. .� . . ' . t Bla!:� then asked for additianal comments; there being none, ' � ) the hearirig was closed. ` " ' Kinsley moved to table the application to Monday, 13 May, * 1 1985, to allow for 6oard review of the application as requested + ' , J by the applicant. Klanderud seconded and the motion passed ;;• � unanimously. �, . , fi4� ' ... . i __________ ,.;. . .._ ��:.,i � s;��„*;;� Public The Board convened a public hearing to consider on second ;�':;� Hearing; and final reading a resolutior. providing an amendment to resolution :`:�;:; Ttansit Twenty-Nine (29) , Series of I983, relating to the increase in the .; Sales Pitkin County Sales tax from two percent (28) to three percent ;1 Tax (3$), and providing for an increase in the allocation to the City � '; -- of Aspen of mall maintenance funds from ten and four tenths ' ` `''"� percent (20.48) to twelve and one tenth pezcent (12.18) ; approving K.,� -�,��j an agreement to implement Resolution Number Twenty-nine (29), y s,.'�'.~�`"rr.a Series of 1983; and endorsing City of Aspen Ordinance 85-24. County ��., Attorney Tom Smith submitted to the record Board Resolution . '�''.`; Twenty-nine (29) , Series of 1983, a certified copy of the abstract � ' µ:;;� of votes cast at a special election held on 3 May, 1983, and the � ; _.;. ! Covnty Attorney memorandum of 2 May, 1985, with attachments. Smith �...{;° __ ..� explained that the resolution, which was consideced by the Board ��1,' :, on first reading earlier this morning, would achieve three (3) �Si �"� sepacate actions as follows: ` : t„�, f ,,.: r;,,�'� a, provide for an increase in the amount of funds generated ; � by the additional County tax to be refunded to the City �x^�.� ,� ,,t for the mall maintenance program; the increase would C, '°�� amount to one and seven tenths peccent (1.78) , for a j :. �� total ref und of twelve and one tenths percent (12.18) �1. : .,� b. authocize the execution of an intergovernmental agreement � "' ' ' between the Board, Town of Snowmass VilZage and the !'` `� City of Aspen spec3fying the financial obligations of � ' � the County to both governments _ �� . c, endorse the City of Aspen ordinance rescinding the '., r� City's seventh penny tax ` "� Smith noted that the Town of Snowmass has agceed to adopt an � �� ',S�i emergency ordinance today rescinding its seventh penny tax, and , :�+iQ,y that the City of Aspen would adopt its rescission ordinance on �!c - ';�� Commissioner's �Ieeting 6 May, 1985 - 12 � �• � . .- ,. , -si, . Y : . . ♦ F. .. l.y�'"{ �S'!� T�^ a�c .. W 4. ... .�lti t . �. �j'��*j�'"3'``r�5 �d�'�`, ,' ¢ - „'I �. , �rr � '��P��nP�4�i?f.�.i��' ` 56"•� 4'� r f <<' i ��,i}�"j ` i_,'` r?.. � 37 ' .: �i . 4 i T ��r�t .::�. ��i� � �.. .y� -,y�r ��.z.. ,�s, � �. y . . . t i, � •��f��ti��11� �k...,�E.: �i`�4`"a ' r� i�.-:� i �6. .,_.�. . � 'x'Y ..� t; E. � ..� �: ..,��',: ��, ; final reading on 13 May; rescission by both governments would ' be finalized by 13 May, after which the flepartment of Revenue }" ' would be focmally notified of the County's zntent to colZect the j�'. � additionaZ tax by 1 July of this year. Y.,_ Y � Finance Director Tom Oken noted that rescission o£ the !>':�;. - = City's seventh penny tar, was also conditioned to the repayment. �;:;�, k by the County, oE the City's Sales Tax Refunu'ing Revenue Bonds, G;'; ` f Series of December 1, 1962; there was a single financial institution k'�''� that held all of the City's bond oSYigations, and this institution ��f �-� � must agree to the substi*.ucion of the additional County tax as a � .- payment souzce. �, , i �, • jKlandecud explained that she would oppose the resolution on ' the basis of the inc�ease in funds to be allocated to the City for . 3�' the mall maintenance program. The additional Coanty tax, as • `,,-;� a pprovec� during a special election on 3 May, specifically indicated i that the City would be reimbursed ten and four tenths percent �::vs (10.4�) o£ the additionel �ax for the mall program, and it was '�"�� not felt that this amount should be increased given such approval. ''� The County, as custodian of the funds generated by the additional tax, was responsible for assuring that £unds so generated be used �� for transportation purposes as specified during the special ; � election; the increase in the funds to be re£unded to the City � '°"-��'Y. :j would reduce the amount of funds intended to be used for the ' , i public transportation system. �� { � Assistant City Manager Ron Mitchell expZained that, at the ��: .1 time that City staff identified the ten and four tenths percent � the 4$� figure for the mall maintenance program, Council was in process of implementing some additional mall proqrams that ' i would require fundinq; as these programs were not tinalized at . � �'��; ; the time that the additional County tax was approved, their cost ' could not be determined and, as a rasalt, the amount of funds : �� necessary to implement these programs couZd not be specified. �"�'�'`**� City Council requested that the allocation of the additional tax. • � �:,�,� �x_;; j for the mall maintenance piogcam be inczeased as those programs w;; j have since been identified, �< � Rlanderud also expressed some concern that the zesolution submitted for Board review today endorsed the City's ordinance; + ' ' `�.� such endorsement would indicate that the Board was supportive of + .. .�:��_ the increased allocation and the resulting reduction in £unds made available for public transportation purposes. Smith explained ��,, that City CounciZ requested Board endotsement of the City's ordinance. He also noted that the inerease in the allocation � -�;�j to the City would, iE any, injure the Roaring Fork Ttansit - "�� I Agency and that the Agency, in the event of injury, had recourse ��;� ;:._j to the City of Aspen. Smith felt that it was impoctant to achieve � r•: � rescission and to implement the new tax at this time; the Transit ,�;� Agency could always pursue the mattez subsequent to implementation. � : r . a=';� Madsen noted that the County was required, as a condition of � .=_ ,�; voter approval, to establish a separate f und for the zevenues � - "`*';� collected pursuant to the new tax. Oken exglained that a separate � ; yy� f und has been established f or the new tax. 5 " x._ k'1' Blake then opened the hearing foc public comment; there ��,;"'7 beinq none, the hearing was closed. ,� Madsen moved to approve the resolution on final reading, .,;f� Child seconded and the motion passed with opposition from Klanderud ��1.'.: as noted. � �f �.;� ---------- �='.�� There being no £urther business, the meeting was adjourned. , , , ��,,i� --------- . ;.t.- �t� Commissioner's Meetinq 6 h7ay, 1985 - 13 �� 1985 BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING EXHIBITS May 6, 1985 Night-time Use of Ruthie's A Memorandum Dated May 6, 1985 from Glenn Horn,Planner,to Restaurant Board of County Commissioners B Land Use Application Amendment Approval of Nighttime Operation of Ruthie's Restaurant Dated February 15, 1985 Si ned by Leonard Oates,Esq. C Letter Dated March 16, 1985 from Jeffrey Cole,to Planning and Zonin Commission D 2 Letters- 1 st letter dated February 6, 1984 from Dennis E Bschor,District Ranger, White River National Forest,to Alan Richman,Planning Office—2°d letter dated May 28, 1985 from Dennis E Bschor,District Ranger, White River National Forest, to Board of County Commissioners Implementation of County E Memorandum Dated May 2, 1985 from Tom Smith,County Transportation Sales Tax Attorney,to Board of County Commissioners Note: Minutes refer to a Certified Copy of Abstract of Votes Cast,but unable to locate exhibit and time of final com ilation of record F Draft Resolution of the Board of County Commissioners re: Im lementation of County Trans ortation Tax G Memorandum Dated May 3, 1985 from Hal Schiliing,City Mana er,to Mayor and City Council �.r. ,�:� � u� � 17 EXHIBIT � __1�_ Mshox�nvh 5 TO: Board of County Commissioners FROM: Glenn Born, Planning Office RE: Night-time Use of Ruthie's Restaurant DATE: May 6, 1985 __________�__________________________________________________��_�____ IPTRODOCTION Ruthie's Restaurant requests that the night-time use of the restaurant be placed within the "use snbject to further review" category of the Aspen Mountain Ski Area Master Plan ("AMSAMP") . This memorandum addresses: 1. Criteria from the AF-SRI zone district which are pertinent to ; the applicants' cequest; i 2. Uses which support the operation of the ski area; and � 3. Mitigation of environmental impacts. ; CRITSRIA FROM THB AF-S1CI ZOPE DISTRICT I Section 3-1.12(c) (3) states: " (3) The Planning Commission and Board shall review the . maeter plan with the intent of establishing those uses which are to be allowed by right, those uses Mhich rill only be � allowed af�er further revier, and those uaes rhich are prohlbited. The review criteria for this determination shall include but not be limited to the following . . ." (emphasis added) The criteria which should be utilized to determine whether a use should be in the "further review" category appear below: "(C) Activities which are allowed by "further review" are those uses which eupport the operation of the ski area and have Bignifi- cant environmental and service relatea impacts rhich can be ' mitigated, including activities which are found by the USFS to increase the overall capacity of the recreation area. This "further review" category shall generally also be limited to items on which the applicant cannot supply or has not supplied sufficient detail at the master plan staqe to enable the County to check-off on them. The procedural and substantive requirements of further review shall be as specified in Section 3-1.12(b) .(3) . (emphasis added) Section 3-1.12(d) of the Pitkin County Land Ose Code also addresses the listing of uses and suggests criteria for the listing as follows: "3-1.12(d) (1) The outcome of the Master Plan process will be a detailed listing of uses and activities which are allowed all year oc only when the lifts are open . . . " "3-I.12(d) (2) (B) Uses which are anticipated to be allowed by right during the traditfonal winter ski season would typically include: day care echools and childrens' nurseries; ski achoolst restaurants, including indoor and outdoor eating and drinking establishments . . . all of w6ich shall only be in direct support of and of a scope necessary for the ski area operation." (emphasis added) "3-1.12(d) (2) (D) Uses which are anticipated to be prohibited would include all retail office, restaurant or other commercial activities which are not operating directly in support of the operation of the ski area." (emphasis added) For your information, we have attached the AF-SKI zone district regulations in their entirety. Based upon the language cited above, the key guestion becomes how much detail concerning a use must be supplied during the master plan process for the use to be placed in the "f urther review" category. It is the staff position that the applicant must provide enough detafl at the Master Plan process to determine whether: (a) The proposal directly supports the operation of the ski azea; and (b) The proposal has significant environmental impacts whic� can be mitigated. While the detailed technical questions associated with use subject to "further review" (i.e., snowmaking, sewer and water lines) are subject to being deferred, the basic determination of whether or not a proposed use meets the criteria cited above is not subject to being deferred. The Master Plan stage is the time when the County makes the basfc land use decision about the approiateness of the use in the particular location in question. Once the use threshold is crossed, the ApBlicant can provide a detailed plan f or environmental impact mitigati-on at the "further review" stage of the process. The position described above has been confirmed by the County Attorney. Furthermore, the AF-SRI zone district suggests that "uses which are anticipated to be prohibited would include all retail office, restaurant or other commercial activities which are not operating directly ia support of the operation of the ski area . . Seasonal approvals or prohibitions of certain uses may be appropriate. " It is the staff position that it is the burden of the applicant to address the criteria cited above at the Master Plan stage for night-time use of Ruthie's Restaurant to be relocated to the "further review" category rather than the "prohibited" category. OSS WHZCH DIRECTLY SDPPORTS OPERATI�P OF S1CI ARSA The concept of "direct support" of the operation of the ski area is likely to become an issue. The "direct support" language appears in the prohibition section and anticipated allowed by right section of the AF-ski zone district. This terminology does not appear in the further review section. Thie was a drafting oversfght. However, the County Attorney advises that the drafting omission has no consequence because the "direct support" language was clearly intended to be included in the further review category. The issue of "direct support" can technically be raised by styling the motion on this matter as a motion to include Ruthies night-time use within the prohibited categocy rather than in the further review category. At the earliest possible time, the Planning Office will sponsor a code amendment to include the language of "direct support" in the further review category. It is the Applicant's position that the operation of Ruthie's Restaurant in the day-time is essential to the operation of the Aspen Mountain Ski Area. The staff supports this position, particularly in relation to the proposed increased capacity of the Mountain. For the Skiing Area to operate properly, there must be a balance between lift, trail and restaurant capacity. In our opinion, the balance being sought cannot be achieved without Ruthie's Restaurant. The applicant further argues that Ruthie's cannot continue to operate in the day-time because it is losing money and must supplement total revenues by operating the restaurant at night. The application states that Ruthie's is the only restaurant on Aspen Mountain and 2 . ...+.,.� � probably the entire Aspen/Snowmass complex which was built entirely with the private funds of the operator and did not receive economic subsidies from the Skiing Company. Consequently, due to the fact that Ruthie's is a non-subsidized economic unit, it has been unsuccessful in generating enough cash-flow, given only day-time operations, to cover net operating costs and debt retirement. As you know, .the original approval for Ruthie's Restaurant applied only to winter day-time use. The applicant was fully aware that cash- flow for the restaurant might have to be based on wfnter day-time operations and might never be supplemented by the operation of the facility at other times. Based upon this approval, the applicant should have projected cash-flow and planned the facility in relation to the approval given. If he did not, then he made a poor business decision. Pitkin County should not be advocates for existing land nses by amending past decisfons to support the economic viability of a business. Land use decisions should be based upon the consideration of land use related factors, not economic ones. If Ruthie's is in a bad economic situation it ahould look to subsidies from the Aspen Skiing Company ("ASC) or others, rather than seek a land use decision from Pitkin County which, in effect, serves as an economic bailout. You will recall when we reviewed the Aspen Production Centre application we advised you to consider the proposal based upon land use considera- tions alone and not arguments that the proposal would help diversify the 2oca1 economy. The same kind of advice applies to Ruthie' s Restaurant. Although we concur with the concept that the day-time use of Ruthie's is essential to the operation of the Ski Area, we find that the night- time operatlon of the Restaurant is not. We recommend that you find that the night-time operation of Ruthie's does not meet the operational support criterion of the AF-SRI zone district and therefore should not be listed as a use subject to "further review." MITIGATIUP OF ENVIRONMENTAL IAPACTS The application proposes that lighting, landscaping, tranaporta- tion and safety are the only environmental impacts resulting from Ruthie's night-time operation and the impacts can be mitigated. Each of these potential impacts are addressed below. a. Lfqhting and Landscaping - Ruthie's agrees to comply with the County lighting standards and indicates that they have planted landscaping in accordance with the U.S. Forest Service ("USFS") standards. It was indicated at the City Council referral meeting on March 11, 1985, that the Council is unhappy with the landscaping done by Ruthie's. Staff concurs and suggests that if Ruthfe's is granted "further review " status, landscaping meet County standards rather than USFS standards. b. Transportation and Safety - The application states that Ruthie's is .exploring "state of the art" transportation equipment and that trips wfll be limited. Ruthie's contends that they are fully prepared to address visual impacts and will argue that they are non-existent. Finally, it is stated that a parking plan will be presented at a "further review" stage. Past reviews have indicated that two (2) night seatings of between 80 and 100 persons will create severe, possibly unmitigat- able environmental impacts. if we assume 10 persons per trip, there will need to be 16 to 20 trips up to the restaurant and 16 to 20 trips back to the base each evening. Such a major increase in mountain traffic will de9rade the existing visual quality of the mountain and adversely affect neighboring residents. 3 � We are also concerned about safety on the Aspen Mountain Road in the summer, particularly on rainy evenings. The County Engineering Office has commented that the 128 to 15$ grades, narrow, right- of-way and switchback turns present a safety hazard. Even with experienced drivers, there is, given the proposed frequency of trips, a chance of a major accident. We feel that this represents an environmental and service impact which the applicant has not demonstrated can be mitigated. We do not anticipate that access and egress to the restaurant will necessarily be a safety problem in the winter if snowcats are used to transport customers. Aowever, we are concerned about the possibility of skiers staying at the restaurant at the end of the ski day and then skiing down after drinks and dinner. Provisions must be made to preclude against customers of the restaurant from skiing down Aspen Mountain at night after ski patrol sweeps. � This concern would be addressed at the "further review" stage if the applicant's request is approved. Access and egress to the restaurant at night during the summer is a clear safety hazard. Aspen Mountain Road is characterized by steep grades and has several sharp curves. There will always be a danger of a vehicle transporting Ruthie's customers sliding off the road down a steep embankment on a rainy night. IInless major improvements are made to Aspen Mountain Road, as suggested by the County Engiaeer, summer access and egress to the restaurant will be yuite haz ardous. Finally, we feel that Ruthie's should address the parking and staging area issue in more detail at this time, in order to determine if the impacts are mitigatable. 3ay Aammond, City Engineer, comments that the applicant should demanstrate adequate parkinq in the base area for 160-200 persons. While we are unsure if this number is accurate, given the ability of some visitors to walk or take the bus to the base area, we do feel that parking remains as a significant, unresolved issue at this time. SOl�!lIARY AND RECOl�IMENDATIOP • In conclusion, the Planning Office feels that the applicant has not demonstrated that: 1) the night-time use of restaurants is in support of the operation of the ski areas; and 2) the environmental impacts of the night-time restaurant operation can be mitigated. Zt is recommended that the applicants' request that night-time use of restaurants be listed in the "further review" category of the Master Plan be denied for the reasons specified above. We recommend that the night-time use of Ruthie's Restaurant be placed in the prohibited category. it was not necessary f or the P&Z to consider Ruthie's specific request f or night-time use of restaurants because they recommended that the generic request for night-bime and summer use be placed in the "further review" category. Therefore, by implication, the P&Z supported the night-time use of Ruthies as it did of a11 other restaurants within the ski area. 4 . .._._. _....... _. ._... _ .. , . , ,�.,_ . . � �, : r " '�� EXHIBIT ' UW OFFICES OATES, HUGHES & KNEZEVLC:H � � � PROfE5510NAL CONPORATION �7�y J TMIRD FLOOR.ASPEN PLA2A BUILDING �" `� 3»EA57 HOPKINS AVENUE LEONARD M.OATES ASPEN.GOLORADO 81611 ROBERT W.HVGMES AREA COGE 303 pICMARD A.KNE2EVICH TELEPHONE 920•1700 OEBORAN OUINN TELEGOPIER�20•1 121 February 15, 1985 Board of County Commissioners � �� a��. Pitkin County Planning & Zoning Commission D i Aspen/Pitkin Planning Of fice 2 0� Attn: Alan Richman, Planning Director 130 S. Galena Street Aspen, CO 81611 Re: Amendment to Pending Aspen Skiing Company's Land Use Application for Aspen Mountain - Specifically for Approval of Nighttime Operation of Ruthie's Restaurant Dear Alan: . I. REQUEST � This letter shall constitute an amendment to the Aspen Skiing Company's ("ASC") pending Land Use Application for upgrad- ing of Aspen Mountain. This amendment is submitted with the consent of ASC, but specifically on behalf of our client, Ruthie's, Inc. ("Ruthie's"3 , which hereby requests authorization and approval for the nighttime operation of its existing restau- rant. Reference is made to the letter of Fred Smith delivered herewith to you on behalf of ASC dated February 15, 1985, which asks that nighttime operations of restaurant facilities on Aspen Mountain within the AF-SKI zone district be permitted upon "further review" as that term is defined in the resolution creating the AF-SKI zone district. � i i I t � � � i . ` � ......_._ ._.,. . . . . .... .. _ , ,,.----..-.--,�--.:.��_r.��.. OATES, HUGHES & KNEZEVICH, P. C. � Board of County Commissioners i Pitkin County Planning & Zoning Commission Aspen/Pitkin Planning Office February 15, 1985 ; Page 2 • We believe that the Planning Office and the Pitkin County land use authorities have the necessary information with ' respect to Ruthie' s Restaurant already on file based upon the prior applications which have been made on its behalf. Commit- ment is herewith made by Ruthie's to provide any additional information, which you feel is missing or deficient as the processing of this application goes forward. Specifically, we are requesting in this application . that a determination be made that the appropriateness of night- time operation of Ruthie's be subject to the "further review" j standards of trie AF-SKI Zoning Resolution in that nighttime operation (a) is supportive of the operation of the ski area and (b) implies only environmental and service related impacts that are capable of mitigation. The request is limited to operations, not on a year-round basis, but to the normal ski and summer tourist seasons and, as a practical matter, presumably then only to the peak periods of those tourist seasons. */ */It should be noted that ASC, in its amendment to its pending Land Use Application, is generically asking for the approval of nighttime operations of restaurants within the Aspen Mountain Ski Area. We believe that ASC's intention in this respect is merely to address down loading of the mountain in the late afternoon and early evening period and not that nighttime operations are necessarily appropriate or desirable for locations other than Ruthie's. Obviously, we cannot speak for ASC and, thereafore, additional information as to its intentions in this respect are only to be obtained by further elaboration by it on this subject. . ; i i i i t � �. - - _. - . .--, OATES, HUGHES & KNEZEVICH, P. C. � Baard of County Commissioners , � Pitkin County Planning & 2oning Commission AspenjPitkin Planning Office February 15, 1985 Page 3 If the fundamental question of the appropriateness of j 1 the nighttime use is resolved in Ruthie's favor, which we urge it � should, the desiqnation of the nighttime operation of the � i restaurant as an activity allowed subject to "further review" would appear to be appropriate if it can be demonstrated that the I specific impacts identified to date can be reasonably mitigated. Specific further review criteria can be adopted as a part af ASC's master plan approval considering Ruthie's proposed use and those which are determined to be specific uses proposed by the ASC. II. BACKGROUND We would like to take this opportunity to provide you with a brief overview of the historical development of Ruthie's position and the land use process relative to nighttime operation of the restaurant. Ruthie's has been before the Planning and Zoning Commission and the Board o£ County Commissioners on two prior occasions requesting approval of the operation of the restaurant at periods other than when Aspen Mountain is open for skiing activity. In its original application, i.e. , before the facility was built, Ruthie's requested nighttime operation. Pursuant to Resolution 83-21, the nighttime operation of the restaurant was � . . ._ ...... .._.. .---- -�- .. _ ._ �_ �---- ---..------ ,: : ._. _,. .. . ._ ... , � OATES, HUGHES & KNEZEVICH,P. C. Board of County Commissioners Pitkin County Planning & Zoning Commission Aspen/Pitkin Planning Office February 15, 1985 Page 4 denied based upon the prohibition contained in the Pitkin County Land Use Code stating that restaurants in the AF-1 zone, other than as accessory uses, are prohibited. In that denial, some of the potential impacts were identified, referred out and ad- dressed. It should be pointed out that, as a part of the resolu- ; tion denying nighttime operation, restricted summer daytime ; operation was approved, and it is the intention of Ruthie' s to go ' ; forward with its summer operation commencing in the summer of i i 1985. i � The second request for the approval of the nighttime ' i operation of the restaurant was made in 1984. In that proceed- ing, the Planning and Zoning Commission, by a draw, submitted the j � matter to the Board of County Commissioners without recommending � � approval or denial of the nighttime operation. Clearly, the i i split vote of the Planning and Zoning Commission signifies that i ! there exists the substantive question of appropriateness of the proposed use which should be addressed. In any event, based upon the opinion of the County Attorney, the Board concluded as a threshold matter that it had no jurisdiction or authority to consider, on its substantive merits, a proposal for the nighttime operation of a restaurant in the AF-1 zone district. The Board's refusal to consider the matter resulted in litigation, which is yet pending. .� ___ ..�..��_�r .. _ _ . _._. .... . _ >,. . . ....--�--_. ._. ._. . . ......... ........:.. . w OATES, HUGHES & KNE2EVICH, P. C. . Board of County Commissioners Pitkin County Planning & Zoning Commission Aspen/Pitkin Planning Office February 15, 1985 Page 5 III. ARGUMENT A. Ski Operation Support. As stated above, both of the earlier proceedings were brought at a time when the property was situate in the AF-1 zone district. Since the last action by � � the Board of County Commissioners, the entire Aspen Mountain Ski Area has been rezoned to the new AF-SKI zone district, which was � � created upon the request of ASC with the cooperation of the land i I use authorities. One purpose of this new zone district is to � � provide a direct vehicle for consideration on the merits of � i specific land use proposals, such as this one, that can demon- i istrate both support for the ski operation and impacts capable of � being mitigated. To this end, we believe that if the activity i which Ruthie's proposes can be shown to be unobtrusive, inoffen- � sive and desired by the public, it ought to be allowed to proceed � by addressing the specific tests that the County establishes � � pursuant to the "further review" criteria of the AF-SKI zoning resolution. One can only demonstrate that Ruthie's proposed activity will be unobtrusive and inoffensive if it is permitted to take the tests. Ruthie's was built primarily for the purpose of provid- ing food service for the Aspen Mountain Ski Area. It was located �� so as to provide for a better distribution of skiers on Aspen � _ OATES, HUGHES & KNEZEVICH,P. G. Board of County Commissioners Pitkin County Planning & Zoning Commission Aspen/Pitkin Planning Office February 15, 1985 Page 6 Mountain. Yt is the only ski mountain restaurant operation on Aspen Mountain and, indeed, we believe in the entire Aspen- Snowmass complex, which was built entirely with the private funds of its operator. As such, Ruthie's must stand on its own as a private, nonsubsidized economic unit. This is not true of otiher ski mountain restaurants which have historically been built by ASC at costs absorbed i.nto and defrayed by the overall ski area operation. On the other hand, in order for Ruthie's to remain viable and provide high qualitX support services for the opera- tion of the ski area, it must have the apportunity to supplement daytime winter income (which alone is economically insuf£icient) by other operations, such as the summertime and nighttime opera- . tions it now proposes. This flexibility will insure the enduring first-rate quality of the restaurant at all times -- an obvious boost to the overall ski experience on the mountain. In addition to the unique operator-built situation that applies only to Ruthie's, the following we believe compel the �I ( . conclusion that nighttime use of Ruthie's would be, in the words � of the AF-Ski Zoning Resolution, an activity "which * * * ' i support[s] the operation of the ski area": �r r�-1 e.,0.ny- '' (a� The United States Forest Service wrote a strong i letter of support for night�ime use which was submitted as a part ! of the Ruthie's 1984 application. The Service holds the same � 4 � 1 � r .� _-� - - . ._.. .. .__. ... .. . . .. .. . .... _ . •- .._.. .._..__.._ . . ..-- . _ ..__. . ___..__._.___��.-� ----_-�- . _ ... _ . . . ,,, OATES, HUGHES & KNEZEVICH,P. G. Board of County Commissioners • Pitkin County Planning & Zoning Commission Aspen/Pitkin Planning Office February 15, 1985 Page 7 sentiments at the present time. Indeed, the federal land policy to encourage a maximum usage of Forest Service lands (which arguably is a policy preemptive of ].ocal concerns and policies) clearly favors Ruthie's applica�ion for nighttime operation. (b) The availability of the attraction of a nighttime restaurant with a spectacular and breathtaking evening view would be a direct draw or public rela�ions/advertising tool for the ' promotion of the Aspen Mountain Ski Area and, indeed, the commu- nity itself. Currently, ASC is making an attempt to upgrade the Aspen Mountain Ski Area at considerable expense. By adopting a fler,ible approach to the use of land, such as through a fair and reasoned consideration of Ruthie's request, Pitkin County will grovide the incentive for upgrading of existing support facil�i- ties across the board which will make ASC's program all the � richer and more meaningful. (c) Numerous examples were cited in our prior applica- tions relative to other ski resorts which provide similar experi- ences to that proposed by Ruthie's. Indeed, when we made in- quiries as to nighttime operations of view-oriented facilities in other resort coznmunities, those with whom we spoke were astounded � and bemused at the necessity of a full-blown land use proceeding 1 in order to have such a use authorized for an already exi.stinc� facility. »�.�. - .�-- - - ,.�.__� . .... _...._. . _ _ .._ . .. . ... .._ . _ _..__ � ...._,.�— --._.._..____..��._ . _ ... ... . _ . ,� OATES, HUGHES & KNE2EVICH, P. C. Board of County Commissioners Pitkin County Planning & Zoning Comrnission Aspen/Pitkin Planning Office February 15, 1985 , Page 8 It is interesting to note that, even prior to the existence of the AF-SKI zone district, the Planninq Office, in its earlier review of the requests of Ruthie•s for nighttime operation, seems to have broken the issue into two parts: (a) The "fundamental" or generic question of the appropriateness of the commercialization of the mountain experi- ence by expansion of what is normally an accessory use to a limited non-accessory commercial use; (b) The impacts resulting from the proposal. We are simply asking that the identical approach be taken only, at this juncture, under the articulated rules, regulations and procedures set forth in the AF-SKI zone district; and that the threshold fundamental or generic question identified above be determined by the Planning and Zoning Commission and Board of County Commissioners, taking into consideration the desires of � the residents of and visitors to the community. In our view, if nighttime operation is consistent with the desires of the resi- dents and tourists, it should be allowed so long as the real impacts can be substantially mitigated. The thinly-veiled position of the Planning Office, I based upon its response to our earlier requests, is that night- time use will diminish the natural mountain environment and experience, and for this reason, only uses which directly support ._...._.__ _._ ,.._. . _.._ ....__. _ _ _ _.. :_..._ . � _. _ .. , .__,:: _._...__ , _ _ ...._ . .. . . .. ...._ .. .. Y.. OATES, HUGHES & KNEZEVICH, P. G. � Board of County Commissioners Pitkin County Planning & Zoning �ommission � Aspen/Pitkin Planning Office February 15, 1985 Page 9 ski area operation under the narrowest of constructions are acceptable. We believe that not only is such a position not supportable under the plain wording of the AF-Ski Zoning Resolution, but that a more logical and reasonable position is that if it can be demonstrated that the impacts which affect the natural or currently existing mountain environment and experience can be satisfactorily diminished and mitigated, a nighttime commercial operation per se should not be objectionable. And, in the final analysis, where the daytime operation of Ruthie's is of obvious support._.to--the ski-operation�;-the-nighttime-operation--of Ruthie's �is essential_ to_the continued vitality of its daytime operation. The link between Ruthie' s nighttime operation and support of the overall ski operation, then, is plain and unmis- takable. Finally, the distinction between the Aspen Mountain Ski Area and property in the AF-1 zone district is a real one; the areas must be considered distinct and as such entitled to differ- ent treatment and uses. For one thing, the ski area on Aspen Mountain predated zoning and zoning regulations, and this alone would justify the different treatment of the Aspen Mountain ski area from undeveloped, unimproved AF-1 areas. For another, Aspen Mountain already has roads, existing utility systems and substan- tial improvements, all of which historically and currently , OATES, HUGHES & KNEZEVICH,P. C. Board of County Commissioners Pitkin County Planning & Zoning Commission — Aspen/Pitkin Planning Office . February 15, 1985 Page 10 have carried a much higher level of activity than adjacent public and private lands zoned AF-1. B. Mitigation. In connection with Ruthie's previous applications, the Planning Office has identified three environmental and service related impacts potentially associated with nighttime operation: lighting and landscaping, noise and traffic and employee housing. These are capable of mitigation. For example: 1. Lighting and Landscaping. Ruthie's hereby commits to comply with the provisions of the published Pitkin County Lighting Standards and will submit a lighting plan for approval pursuant thereto. Since Ruthie's 1984 application, it has provided landscaping as required by the U.S.F.S. and in response to members of the public who commented on the lack thereof at that time. 2. Noise and Traffic. Ruthie's is exploring use of large capacity "state of the art" transportation equipment. All trips will be in snowcats operated by Ruthie's upon such reasonable conditions as may be imposed. Trips will be scheduled 1.�...� so that vehicles will be operated full and no excess trips will w,.w•�.� Tr�1 be generated. Ruthie's is fukly prepared to address any per- ceived visual impacts and argue that none exist. Ruthie's will comply with the provisions of applicable noise regulations. I � OATES� HUGHES & KNEZEVICH,P. C. Board of County Commissioners ' Pitkin County Planning & Zoning Commission ,� Aspen/Pitkin Planning Office February 15, 1985 Page 11 Adequate parking exists and the applicant will present a parking;`��r��J plan for approval upon "further review" . 3. Employee Housing. In its 1984 application, Ruthie's committed to provide additional employee housing as required. That commitment is reiterated here. IV. CONCLUSION � It is Ruthie's position that if the impacts whfch are identified and reasonably required to be addressed can be sub- stantially mitigated, there would be no diminishment in the , quality of Aspen Mountain. Ruthie's is entitled to be exposed to the "further review" processes of the AF-SKI Zoning Resolution. While we obviously feel that Ruthie's request will fully measure up to that review, we acknowledge that there is no guaranty that it will be successful. If it does, the process and the community concerns will have been fully vindicated. If it does not, no one will have been hurt, but all of us will have benefitted from the exposure of the concept to the process. Because the AF-SKI zone district deals only with improved, commercially-operated ski areas and the ability of the land use authorities to specify items which it feels need to be addressed in terms of a "further review", the possibility of creating a precedent of general application is significantly precluded or minimized. ; . OATE5, HUGHES & KNEZEVICH,P. C. � Board of County Commissioners Pitkin County Planning & Zoning Commission Aspen/Pitkin Planning Office February 15, 1985 Page 12 Please feel free to contact me with respect to any additional items of information or material which you need submitted as a part of this Application. You may call upon me or Frank Lerner at any time during the process for assistance in your efforts on this Application. Your consideration is appreciated. . Sincerely, OATES, HUGHES & KNEZEVICH, P.C. By Leonard M. Oates LMO/caa i � � � .._._.....__.._.. __......._.__..- --..__ ...._�._.�...._.__., ..__........... _._ . ._ �,,. �._. ___.__._.._.. ____.._ --.__.. .�__,.__._._.. .. _. . _ . `r; ' ' � , _ . . t � � EXHIBIT EDWARD S. COLE S. COMPANY . � � � CERT{FIED PUBLIC ACCOUNTANTS � . I: 260 MADISON AVENUE fDWARO 9.COLC cv� NEW YORK�N.Y. IOOIB JEFFREY C.C01.0 CPA ` TfRRT T,MALONtY CPA (212� O6A-Ofl00 RO�CRT A,�AMOCI CPA � March 16, 1985 Pitkin County Planning � Zoning Commission c/o Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 8161i � Dear Board Members: I � Our client, Ruthies Inc. has requested that we provide you with selected financial data which has been compiled by us regarding the operations of Ruthies Restaurant. It is our client's desire not to divulge the details of its financial operatioas to competitora and/or public analysis unrelaCed to the issue at hand. Accordingly, the compilation of selected fiaancial data is to be used only to assisk you in evaluating the reasonableness af our client's claim regarding the necessity of a night-time operaCion, and our reporC ' is not to be used for any other purpose. The procedures we per- i� formed are summarized as follows: � The accompanying statement of selected finan ' �� .. was compiled by us. compi ation is limited to presenting in the form of financial statements information that is the repre- sentaCion of management. We heve not audited or reviewed the accompanying statement of selected financial data and accordingly , do not express an opinion or any other form of assurance on it. We shall be pleased to furnish any additional infor- mation that you may require or to confer with yau thereon. Very truly yours, Edward S. Cole 6 Company ��(�� i Jeffrey E. Cole JEC/rw Enclosure �. � ' EXHIBIT � � RUTHIBS� INC. STATSMENT OF SELECTED FINANCIAL DATA FOR TH8 TW� MONTHS ENDSD DECEMBER 31, 1984 (Unaudited) Food and beverage salea $ 120,362 Employee and complimentary meals and beverage <4,755) NeC Food and Beverage Salea 115,607 Cost of food and beverage 92,419 ' i Gross Profit 23,188 Operating expenses 35,757 Depreciation and amortization 36t839 Operating (Deficit) (49,408) Interest expense 33,499 Net (Losa) During Period $ (82,907) � ; i See accompanying letter to atatemeat of selected financial data. ; EDWARD S.COLE Si COMPANY CERTiFED PUBLIC ACOOUP(fAPITS tn ver Aspea Kan�er Diatrict National 806 �Test Iiallan . Forest Aspen, C0 81611 ' . - ' � - � 2720 '�- _ . , ; February 6, 1984 . . . . .. :. ._ . � • . - • : • _. -_ :' '_ , Alan Richman _ Plaaaing.Of f ice , . .' � 130 South Calena� ' - � - ' � - ' • • • • � -• " ' • '�� Aspeai CO 81G11 �� ' - EXHIBIT�ti . . . . • r . � . , � . • . • � � ��., - � � o . • .. - r- • • . �L'::i=_ .. G � r • � �D ? -='• ?:0. . Dear Alaa: • We.have received your referral oa the proposed nighttine operation of Ruthie's ; Restaurant and we offer the folloWing comments. Forest Service objectives ia issuance of permits for ski area developaent ' include encouraging year-rouad recreatioa use. Facilities that are co�patible with or enhance natural resource-based recreatioa opportunities are allowed on National Forest land. Jeep touring, saowcat rides, and svammer use of ski lifts are all recognized • and pe�i.tted as legiti�ate recreation activities on I�ational Forest lancts. While we would not consider simply dining at a restaurant to be a natural resource-based recreation activity, we feel the applicant has done a good job of packaging and selling a total recreation experience which includes th� restaurant. If operated as described ia the application, we are supportive of suarmer and aight opera[ions. I1e think the controls on use and access are adequate as described. Sincerely, . �. � • '" � '• t-• � ''•DENNIS E. BSCHOR .� District Ranger � cc: Aspea Skiing Co�pany •; Forest Supervisor, kfiite River tJF' �. TKlabuade:cab �� . � � ,.:� o-�. White River Aspen Ranger District ` United States Furest National 806 West Hallam Department of Service Agriculture Forest Aspen, Colorado 81611 Reply lo: 2720 oe,e: �y 28, 1985 r T'_ _ Board of County Commissioners Pitkin County T� 506 East Main Street EXHIBI'T Aspen, Colorado 81611 '- �� 1 � 1�1�► /��. ^ _� �I� Dear Commissioners: We have reviewed the applicatlon of Ruthie's, Inc., for the nighttime operation of Ruthie's Restaurant, which is presently before you as a part of the overall riaster Plan proposed by the Aspen Skiing company, and we offer the following. Forest Service ob�ectives in issuance of permits for ski area deveiopment include encouragiizg year-round recreation use. Facilities that are compatible with or tend to enhanee and ptomote natural resource-based recreatian opportunities are allowed on National Forest Service land when they increase the overall capacity of the recreation area. Jeep touring, snow cat rides, and sunaaer use of ski lifts are all recognized and permitted as legitimate recreation activities on National Forest. Whi1e we would not consider simply dining at a restaurant per- se to be a natural resource-based recreation activity, we feel that the applicant has done a good job in and the application is suitably linked to the packaging and selling of a total recreation experience. As such, we find that the nighttime operation of Ruthie's will increase the overall capacity of the recreation area. If operated as described in the application, we are supporti�e of summer and night operations. I feel the applicant's proposal deserves furCher review and iCS environmental and service-related impacts are minimal and can be mitigated. i/ <��° �'�_-'G ��l�j�` �i DENNIS E. BSCHOR ��?, District Ranger :�, � cc: Aspen Skiing Company I.� Forest Supervisor, White River N.F. t ! � FS8200�11b (7/B1� EXH1B T � � ME�IORANDUFI TO: Board of County Commissioners FROM: Tom Smith, County Attorney�~�� DATE: May 2, 1985 RE: Implementation Of County Transportation Sales Tax In order to implement the County's transportatian sales tax, which is now possible with the enactment of House Bill #1221, it is necessary for you to approve the following documents at the May 6, 1985, Board of County Commissioners meeting: 1. Adoption of Resolution No. 85- This Resolution does three things. First, it amends Resolution No. 83-29, to reflect the proper figure for reimbursement to the City of • mall maintenance funds. The amount should be 12.1$, and not 10.4$, of that portion of the additional 1$ County sales tax collected in any given year within the City of Aspen. Second. the Resolution authorizes er.ecution of the Agreements with the City of Aspen and the Town of Snowmass Village referred to above. Third, the Resolution endorses City of Aspen Ocdinance PJo. 85-24. 2. Approval of an Agreement with the City of Aspen. This agree- ment ceflects an exchange of obligations between the City and the County, whereby in exchange for the City's rescission of its 7th penny sales tax, the County agrees to assume various financial obligations of the City. 3. Approval of agreement with the Town of Snowmass Village. As with item 2, above, it is necessary for you to approve an Agreement with the Town of Snowmass Village to assure that they are not injured by the rescission of their 7th penny sales tax. The Town of Sno��mass village has not required us to endorse their Ordinance rescinding their sales tax, which is to be enacted May 6, 1985, as an emergency Ordinance. , 4. City of Aspen Ordinance No. 85-24. This is the Ordinance by which the City cescinds its 7th penny sales tax. Since the rescission is conditioned upon the performance of various obligations by the County, the City has requested our endorse- nent of the Ordinance. 5. Revision of the Interqot�ernmental Agreement with the City of Aspen establishing RFTA. It is proposed that a new Znter- governmental Agreement with the City of Aspen be adopted, to include in one document various changes that have been adopted as amendments, as well as changes requi[ed by the rescission of sales tax by the City and the collection of the County's transportation sales tax. These amendments can be discussed in more detail at the meeting. All of the above documents are recommended to you fo= your ap- proval. The City of Aspen will be meeting to approve its Ocdin- ance, the Agreement, and the RFTA IGA amendments, on May 13, 1485. In the event that any of these documents are amended by the City at that time, it will be necessary for the County to approve any such changes in order for the documents to be effec- tive. Therefore, if it is your desire to assuce implementation of the sales tax by July 1, 1985, a Board meeting on May 13, 1985, may be necessary. TFS:cd EXHIBIT , � � � �� A RESOLUTION PROVIDTNG AN AMENDt•7ENT TO RESO- LUTION NO. 29� SERIES OF 1983, RELATItJG TO TKE INCREASE IN TF1E PITICIN COUt7TY SALES TAX FROM 2$ TO 3$, AND PROVIDING FOR AN INCREASE IN TElE ALLOCATIOPI TO Tf1E CITY OF A5PEN OF MALL MAINTF.NANCE FUFiDS FROf9 10.48 TO 12.1$; APPROVING Afl nGREEh1ENT TO IF7PLEMENT RESOLUTION NO. 29, SERIES OF 1983; AND ENDORSIIV6 CITY OF ' ASPEN ORDIIJANCE 85-24. Resolution No. 85- RECITALS 1. By Resolution No. 29, Series of 1983, the Board of County Commissioners of Pitkin County, Colorado, pr•ovided for an increase in the Pitkin County sales tax from 2$ to. 3�, subject tn specified conditions. 2. On May 3, 1963, the qualified registered electors . i of Pitkin County, Colorado, approved the aforementioned sales tax ; fncrease. 3. In order to implement this sales tax increase it is necessary for the City of Aspen and th�= Town of Snowmass Village i to recluce thei= existing sales taxes by 1$. �i 4. In order to secuze the agreement of the City of j Aspen and the Town of Snov�mass Village to reduce their sales tax, ; the County must allocate and distribute funds to the City and tre j Town necessary to defray certain of t:,eir financial obligations � otherwise paid for out of the City's 7th penny sales tax, and to reimburse the Town for lost revenues. � 5. Resolution 83-29, specifies that the County shall allocate and distribute funds to t:-!= City to provide for mainten- ance of the mall in the City of AspEi�� The Resolution incorrectly states, ::•as.ec� or. zn �[ron��ous cal:.nlatinr�, ti;a� suc:h ar::our.t si:a!l. not exceed in any year 10.4& of that portion of the additional 18 � countywide sales tax collected in that year within the City of j Aspen. The amount referred to should be 12.18 thereof. ; � THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS- 1 j SIONERS OF PITKIN COUNTY, COLORADO: i i . I � 1 � i ' � � � __ . 1 ♦ ^ f 5 Section_1. Section 3(a) (iii) of Resolution 83-29 is amended to read as follows: 'to provide for the maintenance of the mall in the City of Aspen; provided, however, that such amount shall not exceed in any year 12.18 of that portion of the additional 1$ countywide sales tax collected in that year within the City of Aspen." i . Section 2. The Chairman of the Board of County Commis- sioners is hereby authorized to execute the agreements with the City of Aspen and the Town of Snowmass Village attached hereto. Section 3. The Chairman of the Board of County Commis- sioners is hereby authozized to execute an en3orsement of City of Aspen Ordinance No. 85-24. ' ADOPTED AND APPROVED this ddy of , 1485. HOARD OF COUP]TY COMPiTSSIOP]ERS • ATTEST; OF PITI:I� COUNTY, COLORADO By: Lew Scanlan Tom Blake, Chairman Deputy Clerk & Recorder APPROVED AS TO FORM: Thomas Fenton Smith County Attorney � � � I �. � 2 s � . . � / � ' ' ' • c . ' ' .:�1�. I 5 , . r r. . � ;I ACREfiMENT • � THIS AGREEMENT is entered into thia day � i. of , 1985� by and between the BOARD � OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO� and the CITY COUNCIL OF i THS CITY OF ASPSN� COLORADO. RSCITALS: � 1. The City of Aspen, pursuant to its September 7� 1972� (7th penny sales tax) Ordinance� currently has a 2X sales tax rate in effect. Pitkin County currently has a 2X sales tax in effect. The sales tax rate of the City of Aspen will be decreas- ed by iX, and the sales tax in effect in Pitkin County will be iincreased by 1X. i2. By Resolution No. 29, Series of 1983� the Board of `County Commissioners of Pitkin County� Colorado� provided for an increase in the Pitkin County sales tax from 2x to 3:., subject to � specified conditions with the � portion to be allocated to Pitki.n County to be u:sed to provide pub2ic transportation facilities and services for L5e County of Pitkin and its environs. 3. On May 3. 1983. the registered quslified electors of Pitkin County, Colorado� approved an increase in the Pitkin County sales tax from 2X to 3X, pledging to an operating and capital improvament fund that portioq of such sales tax increase remaining after distributions to Aspen, Basalt� and Snowmass Villege� to De used solely for 'providing public transportation � � services and facilities for Pitkin County. or for paying debt I � a . 1 ' _ k ' � � � .. . . .._... ...- - --� :-._ -....--.._ r . . : ,- , _ �__...�. . . .. _. . . .._=_r . _ . - ----- -.. . , • � w • : . . . . . . . . , . . . . . . : . . • 1 � . • , . . . . � . . . � � f ; ' `.. .. . � `'. . • • � ; .. . . . ' . . . � . .. ! f � � ,. . � . �. .� ' � � . � � . . . � • � �� ' � .� �. •. ,...� � • '. : � � • � . . ,. �. . ,. : i r � . ,. . , • ' . , . . :� . . . s y n . . , • ' � II , . / , F. �_ I � % � � � . 1 .��, y' ^. � 1 • � I i ACREBMENT • � . ' THIS AGREEMENT is entered into this day � ot , 1985� by and between the BOARD � OF COUNTY COMMISSIONfiRS OF PITKIN COUNTY. COLORADO. and the CITY COUNCIL OF THB CITY OF ASPBN. COLORADO. RECITALS: . 1. The City of Aspen, pursuant to its September 7� 19?2� (7th penny salea tax) Ordinance, currently has a 2% sales tax � rate in effect. Pitkin County currently has a 2X sales tax in effect. The sales tax rate of the City of Aspen will be decreas- I ed by 1X� and the sales tax in effect ia Pitkin County will be increased by 1X. 2. By Resolution No. 28� Series of 1983, the Board of "County Commissioaers of Pitkin County� Colorado, provided for an increase in the Pitkin County sales tax from 2x to 3%., subject to specified conditions� with the portion to be allocated to Pitki.n County to be u3ed to provide public transportation facilities and j services for che County of Pitkin and its environs. i3. On May 3, 1983� the registered qualified electors of IPitkin Couaty� Colorado� approved an increase in the Pitkin County sales tax from 2X to 3X� pledging to an operating and capital improvament fund that portion of such sales tax increase � remaining after distributions to Aspen� Basalt, and Snowmass � Viliage� to be used solely for �providing public transportation Iservices and facilities for Pitkin County� or for paying debt I ! _" 1 � - ' 1 � . .. . , .._... ._._ _. _.. -..-._ -...---.._. - : � . : ..- - � .-. t.�.�... .: .. _ . .. ..T_ . • . . . , • �------ �--.. . , i • . . . . . . . . . . . . . 1 E . �, �. , • � • � ; ... . . �. � � • �. . . . � � . ,• • • . �, . . • . t • ,• . . . , ' . �. : . � ; , . i � . �. . . . . • : . ,. : � � . .. , � � , . � • :. .. ,. " 'i f� . . , _ � ;i � • ' , � ;� ;; � . ; � . , � � service on bonds or other obligations of the County issued for public transQortation facilities. as is sore fully set forth in Resolution No. 83-29. 4. wIIfiREAS� pursuant to aa Intergovernmental' Agreement bede on the 21st day of November, 1983� the City of Aspen ead the Board of County Commissioners agreed to create and constitute a � public transportation entity separate and distinct from the City � � and County� commonly known as the Roaring Fork Transit Agency (°RFTA"), and the parties desire to provide for the continued ! existence of "RFTA" and funding thereof from the proceeds of i the additional County sales tax authorized by County Resolution � � No. 83-29. j 5. On l4ay 2. 1985, H.B. �1221 was enacted into law. i ! � amending C.R.S. 29-2-103, and ailowing Pitkin CounLy to collect ' ••its eales tax provided thut certain conditions are met. �' � 6. Pursuant to Resolution No. 29, Series of 1983, and E! i H.B. #1221, tbe City of Aspen intends to adopt Ordinance 24, �i Series of 1985� a copy of which is attached hereto and incorp- � orated herein, to reduce its existing sales tax by lx in order to !1 allow the County tax to be levied within the limitations of `I ! C.R.S. 29-2-108. ,� 7. H.B. #1221 eliminates the necessity for the Town of Basalt to reduce its sales tax� snd thereby eliminates the S E aecessity for a distribution to the Town of Basalt out of the y County sales tax. • , K . . � . 8. It is the further intent of the parties to this � . u •- Z , ' , • , .. `.. . .. . . • . • � � . •, , .. . : _ : ._.. 'I ; . �, . ' : � ' � . .. . �. . � � . �. . � ; .. , . . • . � . i:' ._ ' ' . '• . . .' . : � � ; . �,. . . . • : : . . , . . . . , . ' . � ; ' . . , . . , .. . , , • . I , ; . . . � . ; � � � , E_ � � .. . Agreement to ensure that Pitkin County will remit. pursuant to Counly Resolution 83-29� City Ordinance 85-24, ead this Agree- ' �ent� to the City of Aspen an amount which would be generated on an anaual basis from e 1X municipal sales tax. in order to ensure thet the City is not injured by the implemeotation of the ' ""County's sales tax increase, after rescission by the City of 1% , '! of its sales tax. ' ;� HOW� TNEREEORE� THE PARTISS HERSTO AGREB AS FOLLOWS: i� 1. This Agreement shall be effective upon: , +' a. The reduction by the City of Aspen and the Town of �. j _ Snowmass Village of their existing sales tax to i rates not to exceed 1%; end � b. The agreement of the Department of Revenue of the ,. 5tate of Colorado to collect the additional Ix � County sales tax. - 2. From the receipts of the additiona2 lx county sales tax which are collected within the County and its incorporated ` aunicipali.tie� there shall be allocated and distributed� promptly i upon receipt to the City of Aspen and Town of Snowmass Village ; . revenues as follows: � e. The City of Aspen shall be aZlocated an amount jequa2 Lo that portion of the additional 1X f County sales tax which is collected within ( . t its corporate Iimits as shall be necessary and in � . • t . . the following priority:. 1 � (3) to defray in a time2y manner the debt _. 3 ' .. . • . . . , • . : .. -. , • . �,�.---� -- - : I, `..- , . . . . ' - , , • • . l • . • : .. • . . - ' ' •' � ' .. . , ' . . . • � . � . . • .. . � `. � ' 1 � . � + • , i I ' � � � � � . service ead reaerve fund obligntions �ncurred by � the City of Aspen ia conaection aith its Sales Tax Refunding Revenus Bonds. Series December 1, 1982� ' or any bonds issued to refund such issue _,. - in Nhole or in part, as those obliga- tfoas become due and payable; {;i) to defray the amount of food tax refunds i due the residents of the City of Aspen; provided, however. that such amount ahall not exceed in any yeer 5.4X of i i that portion of the additio�al 1X county + sales tax col2ected in that year within i ' � �: the City of Aspee; (iii) to provide for the maintenance, (includ- ii ing construction) of the mall in the � City of Aspen; in the amount of 12.1X of �: �! that portion of the additional 1X j' ,�� County �ales tax collected in that � year within the City of Aspen, foc so + . '� ' long as the additional lx County sales ?j � '� tax is collected. '� (iv} AlI remaining proceeds shall be returned i � to the County of Pitkio to be applied as � morQ spccifically set forth in this ` Agreement. • � '_ 4 -- . ' �, . ..' .: � , . - ... - - . : . : . _- . •^ .. . ' .. ' ' � � . � . � �• ' . .. • . .. . . • � - . . . . • .; . .. ' � • ' � . • ... ' .• ' , � . . . . � � ' ' � ' • '.. . � . ' ' , � . , .� � ' ' ' � ' • • ' �. ' ;'.;w:� , � � . . __ --- _ �.�� b. T6e Town of Snowmoss Villege shull be allocated an a�ount equal to the additional 1X County sales tax which is collected within its corporate limits. c. I! for any reason� the Counly is precluded .from . . usfng the receipts of the additional lX County snles tax to reimburse any amount of the funds for �ell maintenance in excess of 10.4% provided in � Subsectioq 2 (iii) hereinabove, said amount in �� excess of I0.4X shall be paid to the City from RFTA funds other than the County sales tax, and the parties agree that the RFTA Inter�overnmental Agreement shalZ be a,�e�a�a accordiagly. 3. The method of distribution of the edditional 1X County sales tax shall be agreed upon by the City and the County through •their respective msasgers, subject to the requirements af the Colorado Department of Revenue. 4. s300,000 of the annual revenues derived from Yhe County's additional 1X sales tax, including that amount froa� I i peragraph 2.a.(iv), above� shall be deposited to the County'� capital improvement fund and used solely for RFTA Capital � Improvement purposes� existing debt service, or such other transporEation-related debt as may be agreed to by the parties hereto. • � 5. The remaining revenues derived from the County's additional 1X sales tax shall• be deposited into the County's ' "transportation facility operation and • maintenance fund�" which 5 ' .. .._.._._.___. . . . • .,- - -:. •-. ' , . __ . . , � :�--___.,-�-,,�:- • . , - . . • : . . . . • ' :.. ' �. ' ' . . . • . : , . . ' � ' • " . ' . . . , ' ; . , � ' • . . • • _ • � . � .. � � . . , • ' . • ' . ,. ' i • � � ' •', i;;, . � ahell be used solcly for the purpose of providing operation and �aintenance of the RFTA public tranaportation fleet and relnted fecilities for the iahabitants of Pitkin County. Said fund sha11 ' not be available for ady genecal purposes of the County� Dut solely for the beforemeati.oned transportatioa purposes. � 6. The additional 1X sales tax of Pitkin County shall ! � continue in effect until repealed by the registered electors of j; Pitkin County at an e2ection held for such purpose. However� so long as there remain outstandinS any bonds or obligations of the County having a liep on the proceeds of all or any portion of the sales tax, or the obligations of the City of Aspea as described fn Section 2(i) af this Agreement are outstanding, or any obliga- tions of the Town of Snowmass Village having a 2ien oa the proceeds of ail or any portion of the sales tax to be reduced as described herein, aeither shall the sales tax be repealed, nor ' ehall the applicatioo of the proceeds derived from such sales tax be changed in any way which would adversely affect the security of sucli boad� ar ab.igaYioas. 7. The County hereby agreesathat it shall not unilaterally i terminate the RFTA Intergovernmental Agreement unless the registered electors of Pitkin County both (i) approve the termination of the RFTA Iatergovernmenta2 Agreement and (ii) repeal the additional 1X sales tax as suthorized by Resolution No. 83-29. Further. it is agreed that the RFTA Intergovern- • mental Agreemeat shali be amended to , incorporate the aforesaid eonditions of termination by the County and provide for the 6 1 . . . ....:.. . ..:..• -• .. , _,.. - . . . . ., •::, . _,- . ._ , ____ . .. . . . , . . . . . . . . . � , . . . : . • • . . . . . . . . , , . • . ' ' ' ' .. . ' ' ' : � . �. . � ' • . . ' ' • : • ; -. , . ' ." • •• � . ', � • • .� '. . • � " • ' � . . "" • ' , ' � . . . .. . . � . • , . .� � _--- ..-- ____. fuading of RFTA fcon thu proceeds ot the additional lX County sales tax as hereinabove provided. • � � 8. In the event that the City unilaterally terminates the � RFTA Intergovernmental Agreement the proceeds of the additionHl j lX County ' sales tax $hall be allocated and distributed in i accordance with County Resolution 83-29. 9. The parties agree that RFTA shall assume all outstand- iag obligations of the City referred to ia Section 1� condition � (iv), of City Ordinance 85-24� and the R�TA Intergovernmental Agreement sha22 be amended accordingly. 10. If any provision of this Agreement or the application thereof to any person or circumstances is held invalid, such iavalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid ��provisions or application� and to this ead the provisions of this Agreement are declared to be severable. 11. The parties agree that . in the eveat of a breach or default by anq party under any provision of this Agreement they shall be entitled to an injunction to prevent defauit or further default� dumages, and attotneys' fees, as the case may be. and also to a decree for a specific performance of any of tt�e obligations hereunder. 12. Bach party represents that it has the specific powar and avthority to enter into the consummate this Agreement eccording to law and that it has followed the proper le�al procedures to authorize those persons whose names are subscribed -- � " , ..... �..... .. .:.-.;. . .. _.. .. .. _ ,- . :.,....- . , . . . ... , . . . . � � . . : . ' . • . , . . : , . : • . .. . . [. .' �, . � `'. • . • . , .. . . • '. •, • . ,• � � . • �• . ' . . � • � ' ` � ,'.� : - .. ' . : • ' • : , �' :_ { � � ,_f. � . . .. . � . . ' , . . . ' .. .. . . ., beloN to execute thia Agceement and obligates that party to perYor� this ASreement. , � � . � 13. This Agreement shall be recorded in the office of the � I • Pitkin County Clerk and Recorder promptly after its execution: ' i 14. This Agreement and the RFTA Intergovernmental Agrcement . � ehell be bfnding upon the successors� representatives and assigns of the parties aad shall only be modified by writing duly � executed aad approved by each of the parties hereto. CITY OF ASPEN, COLORADO DATED: BY' - �William L. Stirling. Mayor ATTBST: . Kathryn S. Koch� City CZerk BOARD OF COUNTY COMMISSION�RS OF PITKIN COUNTY, COLORADO DATED: BY' •Tam BZake, Chairman ATTEST: Lew Scanlan, Deputy Clerk & Recorder • • , . -- 8 .. .... ; : � .. ... . � ' . � . . ... �:.T4•_ .� ^��....�� . � �� . .. ,i� , .. `' . ' • ..• �' , . . . . . ` .. -� ' . • _ . • . • , • • ' . .. � , ' . . . . . . . • � • , �.. • • .. • � • •1 '� • � • � ' • • ' . • ' • •.• • • ' � . . �'0 ,� .. . � ' � � . . �, � � 1 .�'. . ' . , .. . . � � � • .` AGREEMENT RECITALS• THIS AGREEMENT is entered into this day of , 1985, by and between the BOARD OF COUKTY C0�IMISSIOtiERS OF PITY.IN COUNTY, COLORADO, and the TOWt7 COU�ICIL OF 2'HE TOFIN OF SNOWMASS VILLAGE, COLORADO. ; 1. The Town of Snowmass Village currently has a 2$ sales tax rate in effect. Pitkin County currently has a 28 sales tax in effect. The sales tax rate of the Town of Snowmass Village will be decreased by 18, and the sales tax in effect in Pitkin County will be increased by 1$. 2. By Resolution No. 29, Series of 1983, the Board of County Commissioners of Pitkin County, Colorado, pcovided for an increase in the Pitkin County sales tax from 28 to 38, subject to specified conditions, with the portion to be allocated to Pitkin . County to be used to provide public tra�sportation facilities and servic�s for the Couaty cf Pitkin and its en�iron�. . � 3. On May 3, 1983, the registered qualified electors of Pitkin County, Colorado, approved an increase in the Pitkin County sales tax from 2� to 38, pledging to an operating an3 capital improvement fund that portion of such sales tax increase remaining after distributions to Aspen, Basalt, and Snowmass Village, to be used solely for providing public transportation services and facilities for Pitkin County, or for paying debt � service on bonds or other obligations of the County issued for public transportation facilities, as is more fully set forth in Resolution No. 63-29. i i 4. On btay 2, 1985, H.B. #1221 was enacted into law, amending C.R.S. 29-2-103, and allowing Pitkin County to collect i � its sales tax provided that certain conditions are met. i � 5. Pursuant to P.esolution llo. 29, Series of 1983, and N.R. #1221, the Town of Snowmass Village intends to adopt Ordin- ance , Series of 1985, a copy of which is attached heceto � 1 .�.. �. and incorporated herein, to reduce its existing sales tax by lt in order to allow the County tax to be levied within the limitations of C.R.S. 29-2-108. 6. H.B. A1221 eliminates the necessity for the Town of Basalt to reduce its sales tax, and thereby eliminates the neces- sity for a distribution to the Town of Basalt out of the Coanty sales tax. 7. It is the intent of the parties to this Agreement to ensure that Pitkin County will remit, pursuant to County Resc- lution 83-29, Town Ordinance 85- , and this Agreement, to the Town of Snowmass Village an amount which is generated on an annual basis within Snor�ma�s Village fcom a 18 County sales tax, in order to ensure that the Town is not injured by the implemen- tation of the County's sales tax increase, after rescission by the Town of 1� of its sales tax. I�OW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. This Agreement shall be effective upon: . a. The reduction by the City of Aspen and the To�n ui Snowmass village of their existing sales Eax ' to rates not to exceed 18; and � - b. The agreement of the Department of Revenue cf � : j � the State of Colorado to collect the additional 18 County sales tax. ' 2. All receipts of the additional 1$ county sales tax � which are collected riithin the County and its incorporated munici- I •. palities shall be allocated and distributed promptly upon ceceipt ( • to the City of Aspen and the Town of Snowmass Village as fallows: I j a. The City of Aspen shall be allocated an amount ! • i� equal to that portion of the additional 28 jcountywide sales tax which is collected within i. its corporate limits as shall be necessary and , ? in the following priority: I . � (i) to def ray in a timely manner the debt ; service and reserve fund obligations � incurred by the City of Aspen in connec- f � 2 tion with its Sales Tax Refunding Revenue Bonds, Series December 1, 1982, or aey t�onds issued to refund such issue in whole oc in part, as those obligations become due and payable; (ii) to defray the amount of food tax refunds ' • " • due the residents of the City of Aspen; � provided, .however, that such amount shall � not exceed in any year 5 .48 of that portion of the additional 18 county sales tax collected in that year within the City of Aspen; and (iii) to provide for the maintenance (including construction) of the mall in the City of Aspen, in the amount of 12.18 of that portion of the additional 18 countywide sales tax collected in that year within . the City of Aspen, for so long . as the additior.al ]� t'��nry sales tax is collect- ' ed. ' (iv) All remaining proceeds shall be returned ; to the County of. Pitkin to be applied as � � more specifically set forth in paragraph I ' 4 and 5 of this Agreement. � b. The Town of Snowmass Village shall be allocated � an amount equal to the additional 18 countywide i sales tax which is collected within its corpor- ! ; ate limits... � 3. The method of distribution of the additional 1$ f.. E iCounty sales tax shall be agreed upon by the Town and the County • through their respective managers, subject Eo the requfrements of ` the Colorado Department of Revenue. i ' 4. 5300,000 of the annual revenues derived from the � County's additional 18 sales tax, including that amount from ; { ' paragraph 2.a. (iv) , above, shall be deposited to the County's i r � ' 3 � � capital improvement fund and used solely for the purposes for ahich the fund may be used, as specified in Section 4, Resolution No. 29, Series of 1983. • i 5. The remaining revenues derived from the County's additional 18 sales tax shali be deposited into the County's "transportation facility operation and maintenance fund," which • shall be used solely for the purpose of providing operation and maintenance of the public transportation fleet and related facil- ities for the inhabitants of Pftkin County. Said fund shall not be available for any general purposes of the County, but solely for the beEocementioned transportation purposes. 6. The additional 18 sales tax of Pitkin County shall continue in effect until repealed by the registered electors of Pitkin County at an election held for such purpose. However, so long as there remain outstanding any bonds or obligations of the County having a lien on the proceeds of all or any portion of the sales tax, or the obligations of the City of Aspen as described . in Section 2 of this Agreement are outstanding, or any obliga- tions of the Town of Snowmass Villaae havinq a lien on the pro= ceeds of all or any portion of the sales tax to be reduced as described herein, neither shall the sales tax be repealed, nor ; i shall the application of the proceeds derived from such sales tax i� be changed in any way which would adversely affect the security + of such bonds or obligations, � 7. If any provision of this Agreement oc the applica- ; tion thereof to any person or circumstances is held invalid, such � invalfdity� shall not affect other provisions 'or applications of the Agreement which can be given effect without the invalid �� provisions or application, and to this end the provisions of this � Agreement are declared to be severable. 8. The parties agree that in the event of a breach o� default by any party under any provision oP this Agreement they ' shall be entitled to an injunction to prevent default or furthec � defaalt, damayes, and attorneys' fees, as the case may be, and i . � i I 9 i . also to a decree for a specific performance of any of the obliga- tions hereunder. 9. Each party represents that it has the specific power and authority to enter into and consummate this Agreement according to law and that it has followed the proper legal proce- dures to authorize those persons who�e names are subscribed below to execute this Agreement and obligates that party to pecform � ; this Agreement, j � 10. Thfs Agreement shall be recorded in the office of ' I i the Pitkin County Clerk and P.ecorder promptly.after its execution. � 11. This Agreement shall be binding upon the succes- � sors, repr•esentatives and assigns of the parties and shall only be ! modified by writing duly executed and approved by each of the parties hereto. TOPJN OF SNOS�*K�ASS VILLAGE, COLORADO � DATED• By: Jeff.erson Tippett, t4ayor ATTEST: Susan Garrison, Town Clerk • BOAF.D OF COUNTY COMPSISSIONERS OF PITKIN COUNTY, COLORADO DATED• BY: Ton� Blake, Chairman .. ATTEST: ' � Lew Scanlan Deput} Clerk & Recorder � 5 ' 1 ORDINANCE NO. � ; (Series of 1985) i AN ORDINANCE CONDITIONALLY RESCINDING TAE i LEVY OF THE ADDITIONAL ONE (lg) PERCENT � `• • RETAIL SALES TAX (COl1MONLY RNOWN AS TBE 'SEVENTH [7TH) PENNY SALES TAX') , PROVIDED FOR IN TBAT ORDINANCE APPROVED BY TSE ELECTORS j OF THE CITY OF ASPEN ON T8E 7TH DAY OF NOM1IEM- . SER, 1972, SO AS TO DECREASE THE PRESENT CITY � RETAIL SALES TAX IN THE CITY OF ASPEN FROM A TWO (2$) PERCENT AND AT AN EQUIVALENT ZWO (2;) pERCENT BRACRET SYSTE!! RATE, UPON THE i SELLING OF TANGIBLE PERSONAL PROPERTY AT RETAIL UPON EVERY RETAILER OR FURNISHING OF , SERVICES IN TAE CITY OF ASPEN, TO A ONE (18) PERCENT AND AT AN EQUIVALENT ONE (1$) PERCENT BRACHET SYSTEM, OPERATIVE AND EFFECTIVE ON AND AFTER JOLY 1, 1985, SUBJECT TO CERTAIN CONDITIONS TO BE SATISFIED BY THE COONTY OF PITRIN AS HEREIN PROVIDED RELATING TO THE PAYMENT OF FOOD TAX REFUNDS, CAPITAL IltPRdVE- IiENTS AND CAPITAL EXPENDITORES� AND/OR THE PAYN[ENT OF INDEBTEDNESS INCURRED FOR SUCH CAPITAL IMPRO�VEMENTS AND CAPITAL EXPENDITURES. . WHEREAS, pursuant to Resolution No. 15 (Series of 1972) , the City Council did submit to a vote of the qualified . electors of the City of Aspen, Colorado, at a special municipal ei°ction held on Tue�day, the 7th d�1 of P7cvember, 1°72, the ' question of approving or rejecting a measure entitled °An Ordi- nance Increasing the Present City Retail Sales Tax in the City of Aspen From One (18) Percent and at an Equivalent One (1$) Percent Bracket System Rate to Two Percent {28) and at an Equivalent Two Percent (28) Bracket System Rate, UF,on the Selling of Tangible Personal Property at Retail Upon Every Retailer of Furnishing of ..Services in the City of Aspen, Colorado, Operative and Effective on and After July 1, 1973; Providing That The Additional Revenues . Received by Said Increase May •Be Expended by the City Council for the Payment of Food Tax Refunc�s, for Capital Improvements, and Capital Expenditures, for Land Acquisition, for Genecal Operating Purposes, Or the Payment of Indebtedness Incurred for Such Capital Improvements and Capital Expenditures, or Land Acquisition for khe Expenditures Necessary to Protect Such Property Against Loss, or Damage or Destruction; Providing that Certain Refunds Shall Be � llade to the Residents of the City of Aspen Upon Application � 1 Therefor, Pcoviding That The City Council May Amend, Alter or Change Said Or�inance Except As To The Percent of Tax; and Provid- ing Details in Relation to the Foregoing;" and WHEREAS, the qualified electors of the City voting at said special election held on the 7th day of November, 2972, approved said measure and ordinance, commonly known and herein- after referred to as the "7th Penny Sales Tax Ordinance;" and 67FIERF.AS, pursuant to the 7th Penny Sa2es Tax �rdinance, � the City of Aspen did incuc the following obligations: 1. City of Aspen, Colorado, Sales Tax Refunding Revenue Bonds, Series December 1, 1982, pursuant to which the 1972 sales tax revenue have been pledged. ' 2. That certain Lease Agreement dated December 1, 1983 ("Lease") between the City of Asr,en and Pitkin County, Colorado, which has been executed in connec- tion with Pitkin County's UMTA Grant. 3. The obligations set forth in Section 8 of the 7th Penny Sales Tax or�inance providing for food tax refunds to City residents, in the amounts specified therein, as amended. 4. Provisions for the maintenance of the malls in the . City of Aspen. � 5. Obligations pursuant to that Agreement entered intc � on the 25th day of May, 19i9 between Elder/Qu:nn. �. � licGill, Inc. , Denver, Colorado, and the City ot • . Aspen, pertaining to the lease to Aspen of six (6) 19II0 Bluebird All-Dash American Adult Passenger Buses. 6. Obligations pursuant to that Cooperative Agreement betr�een the City of Aspen and Pitkin County, in which the City of Aspen agreed to pay the co3t of twenty percent (208) of the full purchase price of the sixteen (Z6) transit coaches and accessory equipment as identified in the County's contract with Neoplan, U.S.A. Corporation, as approved and autt�orized in Ordinance No. 45 (Series of 1982). � MIHEREAS, the Bo�rd of County Commissioners of Pitkin County, Colorado, adopted a Sales Tax Fesolution on October 7, 1968, imposing a two percent (2$) countywide sales tax within Pitkin County, which was approved by the electors of Pitkin County, Colocado, on �lovember 5, 1968, and which became effective on July 1, 1969; and • ' WHEREAS, the aforesaid 1968 Pitkin County Sales Tax Resolution has been amended to provide for the distribution of the two percent (28) countywide sales tax as follows: l. Forty-three percent (43$) co be eetained by Pitkin 2 County for its exclusive use. 2. Fif ty-seven percent (578) to be allocated among the incorporated cities and towns within Pitkin County in proration to the amount of County sales tax collected within their respective corpocate limits. ;and . WBEREAS, pursuant to Pitkin County Resolution No, 29 (Series of 1983) , the Hoard of County Commissioners determined to amend its sales tax resolution, dated October 7, 1968, as amended, to increase the countywide sales tax from two percent (2$) to three percent (38) , and to apply the portion of the increase allocated to Pitkin County, to pubiic transportation purposes; and F7HEREAS, the expressed intent of the Board of County Commissioners set forth in Resolution PIo. 29 (Series of 19B3) , was that the increase in the countywide sales tax shonld not go into effect until the conditions set forth in said Resolution were satisfied; and �1HERF.AS, the electors of Pitkin County, at a special elec�ion held on May 3, 1983, approved the aforesaid Pitkin County Resolution N�, 29 (Series of �983?.; and the increase in the countywide sales tax from two percent (28) to three percent � (3$) ; arid 4JHEREAS, said Resolution No. 29 (Series of 1983) , provides as follows: "Section 3. P.ecei.pt of Additional One (18) Percent Sales Tax by Pitkin County and Allocation to its Incornorated Municipalities. All receipts of the � additional 1€ countywide sales tax which are col- lected within the County and its incorporated � municipalities shall be allocated.and distributed promptly upon receipt to tho�e municipalities as follows: (a) The City of Aspen shall be allocated an amount equal ta that portion of the ac5ditional 12 countywide sales tax which is collected within its corporate limits as shall be neces- sary and in the following.priority: (i) to defray in a timely manner the debt service and reserve fund obligations incur- red by the City of Aspen in connection with its Sales Tax Refunding Revenue Donds, Series December 1 , 1982, or any bonds issued to refund such issues in whole or fn part, as those obligations become due and • payable; • (ii) to defray the amount of food tax 3 ;. refunds due the residents of the City of Aspen; provided, however, that such amount shall not exceed in any year 5.48 of that portion of the additiona2 1B count�+wide sale� tax collected in that year within the City of Aspen; and (iii) to provide for the maintenance of the mall in the City of Aspen; provided, how- evec, that such amount shall not exceed in any year 10.48 of that portion of the additional 1$ countywide sales tax collected in that year within the City of Aspen; and (iv) all remaining proceeds shall be returned to the County of Pitkin to be applied as more specifically set forth in Section 4 of this Resolution." (b) The Town of Snorrmass Village shall be allocated an amount equal to the additional 1$ countywide sales tax which is collected within its corporate limits. (c) Any other incorporated City or Town, lying completely or partially within the boundaries of Pitkin County, shall be allocated an amount equal to the a6ditional 1� cc,untywide sales tax ' which is collected within that portion of its corporate limits lying with Pitkin County. ;and v7HEREAS, pursuant to an Intergovernniental Agreement, made on the 21st day of Plovember, 1483, the City of Aspen and the Aoard of County Commissioners agreed to create and constitute a public transportation entity separate and distinct from the City � and County, commonly known as the Roaring Fork Transit Agency ("RFTA"). Paragraph 4.c) of said Intergovernmental Agreemen:: provides as follows: "cj Annual Financial Support Until the county-wide sales tax is implemented, • the funding support provided by the City and County to the Transit Agency shall consist of . the following: 2. The County shall provide $350,000 per year for transit operations and ca�ital expendi- tures. 2. The City shall continue to collect its 7th penny sales tax and will transfer all excess collection to the Transit Agency after the following allocations: (i) to pay the necessary principal and interest on the City of Aspen's outstanding Sales Tax Refunding Revenue Bonds, dated 12/1/82, or any ' bonds issued to refund that issue and amount, as thone amounts become due anci payable, until said obliga- 4 i .. „ tions are paid and cancelled. (ii) to provide for a food tax refund to the City of Aspen� residents; however, the amount to be used foc this refund shall not exceed 5.48 of the 7th penny sales tax collected within the City of Aspen. (iii) to provide for the maintenance of the mall in the City of Aspen; however, the amount to be used for this maintenance shall not exceed 12.18 of the 7th penny sales tax collected within the City of Aspen. (iv) to pay the necessary principal and interest on the City of Aspen's Sales Tax Revenue Bonds, short-term notes, or to fund lease arrangements pertaining to the City's utilization of the facility or buses." ;and WHEREAS, said Intergovernmental Agreement was amended by a "Supplemental Agreement" by and between the City of Aspen and Board of County Commissioners, executed April 13, 19II4, which set forth a payment schedule for the City and County's annual financial support of the Transit Agency pursuant to the aforesaid Section 4.c) of the Intergovernmental Agreement; and , WEiEREAS, the City Council desires to conditiona111 rescind the levy of the one percent (18) city retail sales tax approved by the electors of the City of Aspen on November 7, 1972, in order to effectuate the additional one (18) percent county sales tax for transportation purposes, subject, however, to the following conditions: i. That there be pai@ from the proceeds of the acidi- tional one (1$) percent county sales tax the � necessary principal and �interest on the City of � Aspen's Sales Tax Refunding Revenue Bonds, Series December 1, 1982, or any bonds hereafter issued to refund such issue in whole or in part, as any of those obligations become due and payable, until �aid obligations are paici in full and cancelled, and that the oM�ner of s;id t�onds consents to the substitution of such source for payment; ii. That there be paid from the proceeds of the addi- tional one (1$) percent county sales tax Food Tax ' Refunds to the City of Aspen residents in an amount not to er.ceed in any year 5.4� of that portion of the additional one percent (1�) county sales tax collected in that year within the City of Aspen; iii. That there be paid to the City by the County, fur.sl� for the mainter.ance (inclu�ir.� construction? 5 _ .....,...� amended so as to conditionally rescind the levy of the additional one (18) percent City retail sales tax provided therein, and for such purposes, said Ordinance is hereby amended to cescind the imposition of the additional one (1$) percent retail tax and therein reduce fhe City cetail sales tax in the City of Aspen from two percent (28) and at an equivalent two percent (28) � bracket system zate to one percent (18) and at an equivalent one percent (18) bracket system rate, upon the selling of tan gible personal property upon every retailer or furnishing of services. in the City of Aspen, subject to the following conditions: (i) That there be paid from the proceeds of the adai- tiona2 one (13) percent county sales tax the necessary principal and interest on the City of Aspen's Sales Tax RefunBing Revenue F3onds, Series December 1, 1982, or any bonds hereafter issued to refund such issue in whole or in part, as any of those obligations become due and payable, until said obligations are paid in full and cancelled, and that the owner of said bonds consents to the substitution of such source for payment; (if) That there be paid from the proceeds of the addi- tional one (1$) percent county sales tax food tax . refunds to City of Aspen residents in an amount not to exceed 5.42 of that portion of the addi- tional one percent (13) county sales tax collected 1R tlidt year 'vdithill �iii: Ci�y Of ASp2i�� WhlCh ' condition is included in the Agreement, attached hereto; - (iii) That there be paid to the City funds for the maintenance (including construction) of the mall in the City of Aspen �n an amount of 12.18 of that portion of the additional one percent (1$) county sales tax collected in that year within . the City of �spen, which condition is included in the Agreement, attached hereto; (iv) That any and all outstanding lease arrangements and contractual obligations pertaining to the . City of Aspen's utilization of the Roaring Fork Transit T.gency's facility or buses be assumed by the Roaring Fork Transit Agency, including: (a) the obligations of the City of Aspen �ursuant to that Agreement dated May 25, 1979, between Elder/Quinn and FicGill, Inc. and the City of Aspen; (b) the City of Aspen's obligations pursuant to the cooperative agreement between the City of Aspen and Pitkin County, in which the City of Aspen agreed to pay the cost of twenty percent (208) of the full purchase price of the sixteen (16) transit coaches and accessory eauipment as identified in the County's contract with Neoplan, U.S.A, ; and (c) the obligations of the City pursuant to that Lea�� Agreement dated Deceii�bec 1 , 1983, 7 of the mall in the City of Aspen, in an amount of 12.1� of that portion of the additional one percent (li) county sales tax collected in that year withir� the City of Aspen; iv. That the lease arrangements and contractual obli- gations pertaining to the Cil•y of Aspen's utiliza- tfon of the Roaring Fork Transit Agency facility or buses be assumed by the Roaring Fock Transit Agency, including; (a) the obligations of the City of Aspen pursuant to that Agreement dated May 25, 1974, between Elder/Quinn & McGill, Inc. and the City of Aspen; and (b) the City's obligations pursuant to the cooperative agreement between the City and County, whereby the City of Aspen agreed to pay the cost of twenty percent (208) of the full purchase price of the sixteen (16) transit coaches and accessory equipment as identified in the County's contract with Neoplan, U.S.A. ; and (c) that certain Lease Agreement dated December 1, 1983, between the City of Aspen and Pitkin County, Colorado; v. The County agrees that it shall not unilaterally terminate the RFTA Agreement except in compliance with paragraph 7 of the Agreement attached hereco; vi. That the Board of County Commissioners of Pitki� ' County, Colorado, ratify this Ordinance by Resolu- tion adopted after a public hearing, and execute the annexe6 Intergovernmental Agreement acknow- ledging and agreeing to all of the aforesaid conditions. • vii. The imposition of an inc;-ease in the Pitkin County sales tax from tr�o per�ent (28) to three percent . (38) . . viii. That the lease be cancelled and terminated and the pledge of the City's 7th Penny Sales Tax Revenues pursuant thereto as a source of payment for the County's Sales Tax P.evenue Bonds, Series 1983, t,e thereby extinguished, such bonds to be thereafter payable �olely from the County's 18 sales tax foz tran�portation pur�oses and otherwise as provided in the Resolution of, the Loara of County Commis- sioners authorizing said bonds. ;and � Wf3EREA5, the Board of County Commissioners, as an inducement to the City of Aspen to rescind the levy of its 7th penny sales tax as presented in this Ordinance, has given the City assurances that the con�titions set forth above will be performed. NOhT� TfIEREFORE, EE IT ORDAINED SY TEIE CITY COUPICIL OF Tf1E CITY OF ASPEN, COLOE221D0: �ecti�n 1 , That that O� dinance, approved by the electors of the City of Aspen on September 7, 1972, be and the same is hereby 6 . � � between the City of Aspen, Colorado, and i Pitkin County, Colorado, I (v) The County agrees that it shall not unilaterally � tetminate the RFTA Agreement er.cept in compliance with paragraph 7 of the Agreement attached hereto; I (vi) That the Board of •County Commissioners of Pitkin � County, Colorado, ratify this Ordinance by Reso- lution adopted after a public hearing and execute i _ the anner.ed Intergovernmental Agreement acknow- ; �� ledging and agreeing to all of the aforesaid � conditions, which action was taken on May 6, � 1985; and (vii) The imposition of an increase in the Pitkin i County sales tax from two percent (28) to three i percent (38) . (viii) That the lease be cancelled and terminated and i the pledge of the City's 7th Penny Sales Tax Revenues pursuant thereto as a source of payment for the County's Sales Tar. Revenue Bonds, Series ' 1983, be thereby er.tinguished, such bonds to be thereafter payable solely from the County's 18 sales tax for transportaticn purposes and other- wise as provided in the Resolution of the Board •; � of County Commissioners authorizing said bonds. � f i Section 2 � Effective Dare - The rescission of the levy of the one (18) percent sales tax shall become' effective and shall. be en- forced as �f .Iuly 1, 1965, prcvided t::�t t�� additional onc (la) � percent county sales tax authorized in the Board of County Commis- sioners' Resolution Plo. 29 (Series of 1983) is lawfully imposed and collected on said date and that the applicable conditions set � forth in Section 1 have been satisfied. Section 3 That the City h:anager is hereby emgor�ered and authocize3 to take all administrative actions and execute said documents (including the annexed Intergovernmental Agreement which is hereby approved) as may be necessary to im�lement the provisions of this Ordinance. � Section 4 If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deenied a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portioas thereof. B Section 5 A public hearing ot► the Ordinance shall be held on the day of . 1965, at 5:00 p,m. i n the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCGD, READ AND ORDERED published as provided by law by the City Council of the City of Aspen on the day i of , 1985. � FINALLY adopted, passed and approved this day of � I , 1985. � � ' • i jWilliam L. Stirling, Mayor � ATTEST: i I 1 Kathryn S. Koch, City Clerk ENDORSED by the Board of County Commissioners of Pitkin County, Colorado, this •day of . � 1485. BOARD OF COUPITY COtdMISSIOP]ERS � OF PITKIN COUNTY, COLORADO By: Tom Blake, Chairman ATTEST: Lew Scanlan • ' Deputy County Clerk ' � � � . � ; .i � � :�. . ,� ,; • ! • . � �; . �i i, �. 9 ;I ' INTERGOVERNMENTAL AGREEMENT FOR TRANSIT AGENCY ' CA (85� THIS AGREEMENT m�de and entered into this day � of , 19 , by and between the CITY OF � ASPEN, COLORADO, a Colorado municipal corporation (hereaftec I I � referred to as the "City") and the IIOARD OF COIIPiTY COMMISSIONERS f ! OF PITKIN COUNTY, COLORADO, a Colorado home-[ule county (hereafter � referred to as the "County") . ' I h'ITNESSETH: ' 47HEREAS, each the City and County has the authority and i ' power to own, maintain and operate a public transportation system; i � and � � YJHEREAS, the Transportation Steering Committee and the Transportation Consolidation Task Force recommended the following � to the"City and County: • 1. that a county-wide consolidated transportation system be established; 2, that a Transit Agency be created by intergovern- mental agreer.:ent; � 3, that a Board of Directors be established for the Transit Agency; 4. that the Transit Agency provide a level of service that is, based on funding, ridership, convenience, � and mass transportation incentive; and 5. that the Transit Agency establish an appropriate system of funding for operation, capital, and reserve needs; and • v7HEREAS, each the City and County is authorized by reason of Article XIV, Section 16 of the Colorado Constitution, � Section 13.5 of the Aspen Home Rule Charter and C.R.S. 1973, Section 29-1-203 to contract to provide for the joint exercise of , any function, service oc facility lawfully authorized to each; and ` i: � 1 WEtEREAS, the City Council and County Board of Commis- sioners approved Reso].ution No. 83-12 on June 14, 1983, which ; gave conceptual approval to a consoiidated transportation systQm; and • WHEREAS, the City and County affirm, by this Agreement, . ,' the need for an organizatfonal framework through which they will provide public transportation to citizens and visitocs, that an alternative to the private automobile is needed, and that a � viable transportation service can assist in cacrying out environ- mental and conservation policies. NOi�l, TAEREFORE, in considecation of the mutual benefits , to be derived hereErom it is agreed by the parties hereto as i + follows: . � 1. &TATEhiENT OF PURPOSE The purpose of this Agreement is to consolidate the City and County public transportation systems. The City and ; j County, by this Agreement, desire to create and constitute a new , . • public transpc•:tation entfty separate and distinct from the City i and County, with the authority and responsibility to: ay Own, operate and administer a public transpor- • tation system, both within and without the � corporate limits of the City and Courtty; i � b) Contract with any person, firm or public agency to use, manage and operate its transportation facilities; and � c) Such additional acts that �re necessary to effectuate this Agreement. 2. AbMINISTRATIOl� OF THE AGREEAIENT a) Establishment of Transit Aqency Upon the effective date of this Agreement, � � there is established and constituted the City ` �- and Coonty Consolidated Transportation Agency, commonly knor�n as TEIE ROARING FORK TRANSIT � AGEP�CY (hereaEter "Transit Agency"), a separate , and dirtinct public entity, as the legal entity 2 to exercise the conmon powers provided for in this Agreement and to administer or otherwise execute the terms of this Aqreement. b) Board of Directors - Appointment 1) The Transit Agency shall be governed by a ! Board of Directors comprised of: i � � (i) one (1) member of the City Council of the City of Aspen, appointed by l ; the City Council; - t � (ii) one (1) member of the Board of County Commissioners of the County � of Pitkin, appointed by the Board of Commissioners; and :� (iv) three (3) members of the general , public, one (1) appointeo by the City Council, one (1) appointed by � " the Board of Commissioners, and one � • (1) jointly appointed and approved by a majority vote of both the City � Council and Board of Commissioners, each voting separately. • 2) The City Council and BoarB of County Commis- sioners individual appointees to the Transit � Board serve at the pleasure of the City Council and Soard of County Commissioners � respectively and may be removed at any time by a majority vote of either the City Council or Board of Coonty Commissioners. The joint appointment secves at the pleasure of both the City Council and County Board of Commissioners and may be removed by a majority vote of the combined legislative � � bodies at a joint meeting. ? 3) The term of each appointment to the Transit � Roard of Directors shall be �s follows: � 3 (i) The term of the member of City Council shall coincide with that member's City Council term of office. (fi) The term of the member of the IIoard of County Commissioners shall coin- , icide with that membec's Board of � I County Commissioners term of office. i { (iii) The three general public appointments � shall �erve staggeced terms of thcee � i years each provided that the first � . ' of said terms shall be one year for � one member, two years for the second member, and three years for the ; third member. The initial iadividual j terms will be set by lottery at the • Transit Soard' s first official • meeting. . � � c) Board of Directors - Organization The Board shall adopt by-laws to govecn th�� organization and operation of the Board. The by-laws shall include the following, but not be limited to: 1) Designation of Officers including Chair- person, Vice-Chairperson, Secretary and Treasurer; � 2) Officer duties; � 3) Vacancies; ' 4) sonding; 5) Meeting schedules; 6) Special meetings; � 7) Quortun; . 8) Manner of Voting; � 9) Committee appointments; 10) Parliamentary proceduces; 11) I3y-laws amendment pcocpdures; 4 12) Minutec and Records; 13) Authority to sign documents and checks. ; The initial Transit Doard By-taws shall be submitted to the City Council and Board of i � County Commissioners for their respective ; approval. The ny-laws shall not be effective ; until the Transit Goard, the City Council, and � � the Board of County Cor�missioners have each � reviewed and approved them. Any amendments to i the initial By-laws shall follow the amendment procedure set forth in the By-laws. d) Board of Directors - Responsibilities and Duties The main responsibility of the IIoacd is to � provide for a safe, reliable and financially sound transportation system, tlithin the Eoard's overall responsibility to govern the operation � of the transportation system, the Board shall: • 1) Adopt policies and procedures;. � 2) Adopt a service plan, route structure, fares, and levels of service; 3) Adopt policies and manuals to govern opera- tions, personnel, and procurement; 4) Adopt the system`s operating and capital budgets; 5) Review and adopt minimum five-year financial � plans for operation and capital needs; 6) Employ a General Manager for the Transpor- tation System to administer the system and hire the necessary staff for the opecation of the system; 7) Appoint an Advisory Committee to work with the Transit Board and advise the f3oard on transportation issues. The advfsory commit- tee may consist of the following represen- 5 _�. tation, but is not limited to this repre- sentation: a) Consumer; b) School District= c) Aspen Resort Association; d) A�pen Skiing Company; e) Aspen Highlands; . f) Planning Department; i g) Public Safety Committee; � h) Airport Operations; i) Eagle County; • j) Basalt; i k) Downvalley Area; 1) City Manager's Office; • m) County Manager's Office; n) Transit Employee; . o) Taxi Cab Company; , ' p) Town of Snok��.�ass Village; q) Carbondale; ' r) Glenwood Springs; � 8) Report in writing to the City and County on • � a semi-annual basis at a joint meeting. This report shall include but not be limited �� to financial status, fleet status, rider- ship, operatfans, route configuration, ' service agreements, and program recommenda- tions for the next similar season. 9) The Transit Board, City and County shall meet annually at a joint meeting in Septem- ber to review the intergovernmental agree- � ment, the proposed transit budget, and the Transit Agency operation. � 3. POWERS AND FUNCTIONS The Transit Agency shall have the powers common to the City and County to o::n, operate, ar►d mai;�tair, a public trans- 6 . � portation system and, in the exercise of the powers under this Agceement, the Transit Agency is authorized under its own name to: a) Employ a general manager as the chief executive officer; b) Employ agents and employees and contract foc professional services; horrever, such emgloyees shall be considered to be employees of Pitkin County for the purposes of payroll tax with- holding, social security, retirement, and medical, dental, disability, life, unemployment, and workecs' compensation insurance; c) �1ake and enter into leases and other contracts; d) Acquire, convey, construct, manage, maintain, and operate buildings and improvements; e) Acquire and convey real and personal property; f) incur obligations and liabilities; ' g) Accept contributions; grants, or loans from any • private entity, public agency or the United States, or any department, instrumentality, or � agency thereof, for the purpose of financing the planning, acquisition, construction, main- tenance, or operation of transit facilities; h) Invest money that is not needed for immediate necessities, as the Board determines advisable, in the same manner and upon the same conditions ' as other local governmental entities in the State of Colorado; i1 Do all other acts reasonable and necessary to carry out the purpose of this Agreement; and j) sue and be sued. The powers to be exercised by the Transit Agency are subject to the same authority and restrictions upon the manner of exercising such powers as are imposed upon the County of Pitkin in exercise of similar powers. The Tcansit Agency shall be held 7 stcictly accountable for all funds received, held and disbursed by it. 4. FINANCING I�ND BUDGET a) Fiscal Year ; The Transit Agency fiscal year shall be Jar.uary _, . 1 through December 31. b) Operating Budget and Capital Improvement Program � The Board shall consider and, following a public hearing thereon, adopt an annual budget and a five-year transit capital improvement program. In conjunction with the reviev� of the annual budget and five-year transit capital ' improvement program, the Board shall review five-year financial plans for operating and capital needs. Copies of the annual budget and tt,e transit capital improvement program approved • - by the Transportation Board shall be submitted . � to the City Council and Board of County Commis- sfoners at a joint meeting for their individual ' approval prior to implementation of the budget and capital improvement program by Ehe Transit Board. The review and approval of said budget shall fully comply with applicable Colorado � local government budgetary laws. Amendments to the annual budget and five-year transit capital • improvement program shall be subject to the same requirements as specified herein for , original adoption. c) Annual Financia2 Support - Without County Sales Tax Until the County sales tax is implemented, the _ funding support provided by the City and County to the Transit Agency shall consist of the following: 1. The County shall provide $350,000 per year 8 for transit operations and capital expendi- tures. 2. The City shall continue to collect its 7th penny sales tax and will transfer all excess collection to the Transit Agency after the following allocations: (i) to pay the nece�sary principal and interest on the City of Aspen's outstanding Sales Tax Refunding Revenue IIonds, dated 12/1/82, or any bonas issued to refund that issue and amount, as those amounts become due and payable, until said obliga- tions are paid and cancelled. (ii) to provide for a food tax refund to City of Aspen resfdents; however, � � the amount to be used for this ' refund shal r not exceed 5.48 of the 7th penny s=1es tax collected within the City of Aspen. (iii) to provide for the maintenance of � . the mall in the City of Aspen; - however, the amount to be used for " this maintenance shall not exceed 12.18 of the 7th penny sales tax • collected within the City of Aspen. (iv) to pay the necessary principal and interest on the City of Aspen's Sales Tax Revenue Bonds, short-term notes, or to fund lease arrangements i pertaining to the City's utilization ' i of the facility or buses. � d) Financial Support - With County Sales Tax � After the County sales tax is implemented, the E • Eunding support provided by the City and County � i. 9 . �. _ �� to thc Transit Agency shall consfst of the following: l. The City will have no obligation to pay for transit operations or capital expenditures. 2. The County will collect its 6th penny transportation sales tax and will make the following allocations therefrom: (i) Payment of the City's obligations, referred to in paragraph (9) (c) , above; (ii) Deposit of $300,000 of the annual revenue derived from the additional County sales tax in the County's Capital Improvement Fund, as sgeci- fied in Section 4(a) and (b) , County Resolution 83-29. • (iii) Paynent of necessary principal and . � interest ::n the County's outstanding Sales T�x Revenue Bonds, dated � � December 30, 1983, or any other bonds issued and secured by the . County's 1B transportation sales tax. Such payments shall be made from the fund referred to in para- graph 4(d) (2) (ii) , above, and the � Transit 1lgency shall be entitled to any excess collections remaining after such payments. (iv) Deposit of all remaining revenues from the County's 18 transportation sales tax into the County's "Trans- portation Facility Operation and Maintenance Fund, " established pursuant to Section 4(c) , County Resolction 83-29. All of such funds 10 will be transferred to the Transit Agency. e) The payment schedule for the City and County's annual financial support of the Transit Agency pursuant to Section 4(c) of the Intecgovern- _. mental Agreement shall be as follows: 1. The County shall pay 1/12 of its $350,000 annual support to the Transit Agency monthly by the last day of the month. 2. Beginning in February, 1984, the City shall pay its monthly 7th penny sales tax collec- tions to the Transit Agency by the Friday after the 20th day of each month, after deducting the following amounts: a) As needed, the amount to pay the neces- sary principal and interest on the City � • of• Aspen's outstanding Sales Tax Refund- � . � ing Revenue Bonds, dated 12/1/82, or any bonds issued to refund that issue � and amount, as those amounts become due and payable, until said obligations are paid and cancelled; b) In February, March, and April of each � year, one-third of the annual budget fos food tax refunds from the 7th penny _ � sales tax; • , c) 12.18 of the 7th penny sales tax, as an estimate of the cost of mall mainten- ance; and d) At such time as the County no longer provides financial administration for the Transit Agency, the amount needed for lease payments due the County under the lease agreemcnt dated December 1, • 1983y until such time, the City nee6 11 not deduct this amount since the County will do �o upon receipt of the sales tax from the City for the Transit Agency. By March 15 of the following year the City shall determine the actual cost of mall mainten- ance and food tax refunds and adjust for any variance from the estimated costs in its next payment to the Transit Agency; however, such cost reimbursement shall not er.ceed the limits specif ied in Section 4(c) of the• Intergovern- mental Agreement. f) The payment method and sche�'ule for the County's annual financial support of the Transit Agency . pursuant to paragraph 4(2) (d) above shall be agreed to by the City and County Managers and ' - incorporated into this Agreement after the • Colorado Department cc Revenue has determined its method of collection and payment of the County's additional 18 County sales tax. g) Pederal Grants � Upon certification of the Transit Agency a:, grant eligible by tre granting agencies the County shall transfer all grants and adminis- tration thereof to the Transit Agency. Until such transfer has been completed, the County shall retain ownership and control of grant- funded facilities and eguiFment anfi shall be responsible for the acc,uisition, disposition, construction, use, operation and maintenance of such facilities and equfpment, notwithstanding any other provision of this Agreement to the contrary. h) The Transit Agency's Soard shall account foc its �un3s as follows: 12 1. Funds ccedited to the Transit Agency "Capi- tal Improvement an� Operating Reserve Fund" shall be used solely for the purpose of providing public transportation facilities, . equipment, bus use incentives and providing � sufficient operatinq reserves to cover reductions in sales tax revenue during a poor tourist season. � 2. Funds credited to the "Transportatiun Operation and Maintenance Fund" shall be used solely for the purpose of providing operation and maintenance of the Transit Agency Transportation fleet and related activities. i) At the time of preparing the Transit Agency annual operating budget and proposed capital - expenditures budget, the Board shall determi.^.e . � the amount of financial support available a-+d how those funEs will be used L-or operations, � capital and reserve needs within the constraints of the projected financial support for the public transportation system. 5. COMPLIANCE AND FEDERAL STANDARDS In the performance of its function, including trie use of the �roperty and equipment transferred by • the City and County and the employment of transpor- tation service personnel of the City and County, the Transit Agency shall comply with Title VI of the Civil Rights Act of 1964, as amended (Public Law 88-352), and all requicements imposed by the U.S. Department of Transportation. The Transit • Agency's function shall be pecformed in accordance with Title VI of that act to the end that no person in the United States shall, on the grounds of race, color, religion, sex, a�e or national origin be 13 excluded from participation in, be denied the benefits of, or otherwise be subject to discrimina- tion under Transit Agency operations. 6. TRANSFER OF ASSETS AND LIAIIILITIES a) Assets of the �City and County Tran�portation Systems may be conveyed or transferred to the Transit Agency at no cost, in accordance with Agreements to be entered into between the City and County' Managers and in accordance with the terms of applicable grant contracts between the County and the Urban htass Transportation Admin- istcation, uron completion of a transfec of grant responsfbility pursuant to Section 4(e) � of this Agreement. b) Both the City and County shall file with the Transit Agency a fixed asset schedule that will ' indicate th items, individual values, and tota). • value of assets that are conveyed .from the City and County respectively to the Transit Agency. � The parties agree to er.ecute and deliver appro- ' priate title documents as are necessary under law to effectuate the conveyance of assets. c) Except for accumulated unpaid vacation, compen- . satory and sick pay due City and County transit employees and lease-purchase payments for the • City buses transferred to the Transit Agency, liabilities of the City and County transit systems shall not be transferred to the Transit Agency. Funding for the vacation and sick pay liability transferred to the Agency is included , in the annual financial support provided by the City and County under Section 4 (c) of this Agreement. � d) The only exception to the above is the provision foc providing initial operating funds in Section 14 � 4 of this Agreement. All cutrent liabilities of �he City and County Transportation Systems shall not be tra�nsferred to the Transit Agency, and shall remain the liability of the relevant City or Connty System only. Provided, however, that the liability for continued payments on, or buy out of, busses being trar�sferred to the Agency by the City oc County shall pass with the assets to the Agency, and provided that the Transit Agency, in recognition of the cost incurred by the City of Aspen in preparing for the 1983-84 ski season, agrees to provide a promissory note to the City of Aspen to repay the City of Aspen for such expenses. The terms of the note shall include but not be limited to the £allowing con��tions: ' 1) The amount of the note shall be based on • the 1983 year end cash deficit of th�= combined Transportation and Transit funds of the City of Aspen, exclusive of 1983 General Fund Overhead charges. In no event . shall the amoont of the note exceed $150,000. 2) If the 198A year end fund balancel of the Transit Agency exceeds $300,000 the City � has the right to call the note. In exer- cising.such right the City shall be required � to notify the Transit Agency by July 1, 19a5, of its intention to exercise such right and the note shall become dae and payable no 2ater than January 3]., 1986. 1Fund balance, as reEerred to herein, shall include, but is not limited to, any excess or deficiency of operating revenues ! compared to operating expenses, uncommitted contingency or other bond pcoceeds and other funds on hand at year end. 1 t f ! ! 15 3) If the 1985 year end fund balancel of the ' Transit Agency exceeds $400,000 the City has the right to call the note. in exer- cising such right the City shall be required to notify the Transit Agency by July l, 19E36 of its intentfon to exercise such rfght and the note shall become due and payable no later than January 31, 1987. ; 4) If the City does not express its intention to call the note by July 1, 1986, the note shall be deemed to be forgiven without further action of either party. 5) The principal amount of the note shall be the only sum due and payable. No interest charges shall be attached to the principal amount. " e) All facilities, equipment, and inventories used • for transit purposes by the City and County � shall be transferred or conveyed to the Transit Agency at no cost as of December 31, 1983, except grant-funded facilities and equipment which shall be transferred when the Transit Agency is certified as grant-eligible in accor- � i dance with Section 4(e) of the Intergovernmental � Agreement, as amended. It is the intent of the ' , parties to this Agreement that the Transit Agency become grant-eligible as soon as pos- sible. Until then the City and County shall allow the Transit Agency to use the grant- � funded facilities at no cost but subject to the terms and conditions of the grants. The City \� or County may retain any assets which the ,'I " Transit Agency determines it cannot use. ) f) Any City funds remaining at December 31, 1983, from As�en Skiing Comp�ny contri!�utions fot the 1G �''�- -,:�-- l'>� bus maintenance facility shall be transferred to Pitkin County for credit to its bus mainten- ance facility capital project fund. g) Any County funds remaining at December 31, 1983, from its transit property tax and in excess of its share of the bus maintenance facility constcuction budget shall be transfer- red to the Transit Agency. , 7. FUTURE PARTICIPAIvTS Any governmental entity may request that the Transit Agency assume the operation of tran�poctation ! services previously operated by said governmental entity. The Transit Agency shall review such requests and make a recommendation to the City and ' County for approval or denial. The recommendations shall set forth such conditions to the assnmption ' • - of operation as the Transit Agency deems necessary • including payment of a capital improvement invest- ' � ment fee. The Transit �:gency recommendation shall � be submitted to the City Council and Boara of County Commissioners at a joint meeting and addi- . tional participants to the Agreement shall �e f � permitted upon any appropriate written amendment hereto as approved by City Council and the Board of � i County Commissioners. • 8. LIABILITY The debts, liabilities and obligations of Transit Agency shall "not be the debts, liabilities or obligations of the City oc County; nor shall the � debts, liabilities or obligations of the City or � . County be the debts, liabilities, and obligations of the Transit Agency. Any contracts entered into by the Agency shall include a reference to this paragcaph e. ; 17 N ' 9. LEGAL ADVISOR � The Board shall appoint or contract for an attorney to serve at the pleasure of the Board. The attorney shall be an attorney-at-law admitted to practice in Colorado. The Transit Agency Attorney shall be the legal cepresentative of the Transit Agency and shall i advise the Board and Transit officials in matters relating to their official powers and duties and i perform such other duties as the Board.may present. i The IIoard may provide the Transit Agency Attocney such assist�nce as the Board may deem necessary and may on its own motion or upon reqnest of the Transit Agency Attorney in special cases emgloy special ' coun�el to serve under the direction of the Transit ' Aqency Attorney. The eoard shall establish compen- • sation for the Transit Agency Attorney. � 10. INDEPENDEPIT AUDIT An independent audit shall be made of all transit ; agency accounts at least annually, and more fre- . quently if deemed necessary by the Board. Such i audit shall comply legall,y with governmental audit practices and shall be made by certified public � � , accountants, experienced in municipal accounting • and federal grants, selected by the Board. Copies of such audit shall be provided to the City and County and made available for public in�pection at the Transit Agency Office. i 11. ASSIGNABILITY • h'ith the approval of, and upon the termc agreed upon by, the City Council and eoard of County Cor�missioners, acting individually, all or any of ` i the rights and property �ubject to this Agreement • may be asaigned to further the purpose of this 18 , , r Agreement. Provided, hor�ever, no right or gro�erty of Transit Agency shall be assioned without complf- ance with all conditions imposed by any state or federal entity from whom the Transit Agency has procured financial assistance. 12. TEP.MINATIO?7 AND DISSOLUTION a) This Agreement shall become effective on the day and date first above written and shall continue in force without specific term. This Agreemznt may be terminated by the City. or County, following six (6) months notice to the other party of this Agreement, by Resolution of intent to terminate the Agreement adopted by the City or County. b) if the City or County resolves to terminate this Agreement all property, equipment and " surplus funds of the Transit Agency shall be • distributed to the City and County as mutually agreed to by them, provided, however, that in the event they cannot agree, then they shall be � distributed as determined by a panel of three (3) financial referees. One (1) referee shall be appointed by the City Council, one (1) referee shall be appointed by the Board of County Commissioners, and one (1) referee shall be appointed by the two referees first appoint- ed. The decision of the panel of financial ! referees is binding on the City anci County. The financial referees shall review the Transit � Agency assets and .operation at the time the tecmination is requested. The referees shall also consider the original investment by the � City and County when the Transit Agency was formed. . 19 �,. . � c) This Agreement shall not terminate until all � property, equipment and surplus cash has been distcibuted in accordance with this provision, and the dissolution and property distribution hereunder shall be effected in the manner , ,,. - calculated to cause the least disruption of � existing public transportation service. P.ny � such distribution shall be in accordance with the terms of the relevant grant contracts and applicable rules and regulations. 13. AlIENDMENTS This Agreement may be amended by a written amendment I � approved by the City Council and Board of County I � Commissioners, acting separately. • 14. SUCCF.SSORS This Agreement shall be binding upon and shall " inure to the benefit of .any successors to or assigns • of the parties. Except as may be specifically ptovided herein to the contrary, an assignee for i � security is not a beneficiary of this Agreement. i � 15. SEVERAIiILITY Should any part, term, portion or provision of this i Ayreement be finally decided to be in conflict with any law of the united States or of the State of Colorado, or otherwise be unenfocceable or ineffec- . tual, the validity of the remaining parts, terms, portion or provision shall be �eemed severable and shall not be affected thereby, provided such ce- maining portions or provisions can be construed in substance to constitute the Agreement which the partics intended to enter into in the first in- stance. � 16. ADOPTIOti This Agreement shall be ratified by an Ordinance of 20 . . ,.., . the City of Aspen and a Resolution of the Board of County Commissioners of Pitkin Connty. � CITY OF ASPEN, COLORADO ! By• i t�illiam L. Stirling, Mayor .. ATTEST: � i Y.athryn S. Koch City Clerk ' � APPROVED AS TO FORI4: Pau2 J. Tadaune City Attorney • BOARD OF COUNTY COf�1MISSION£RS OF PITKIN COUNTY, C�LORADO By: Tom Blake, Chairman . ATTEST: � . i Lew Scanlan Deputy Clerk & Recorder � APPROVED AS TO FORM: Thomas Fenton Smith County Attorney -- � ; ' . ; r. . ' i • � . � t . � • ' r � _ i , 21 ,�� _ _ �� k � ' EXHIBIT � � � � � MEMORANDUM � . ... � ; 184-85 i t � � T0: Mayor and Council j I FROM: Hal Schilling� City Manager � ; . i RE: County 7th Penny Intergovernmental Agreement � � DATB: May 3, 1985 � i ----------------------------------------------------------------- • � � We today obtained City-County staff level closure on the terms, conditions, and Ianguage of the proposed attached agreement. Paul, Ron Mitchell and I spent considerable 1:ime in developing language that would preserve and protect the city's • interest and Council concerns. Our objectives were threefold: 1. Facilitate implementation of the County sales tax for tr��nsportation. 2. Preserve and protect the legitimate interests of all parties. . .win-win! 3. Strengthen RFTA and its capacity to deliver required transportation services. Modestly notwithstanding, I believe we succeeded, and the County (Tom Smith, Tom Oken and John gldert) is to be complemented for its support. klm � � Attachments: 2 � xc: Paul Taddune, City Attorney � Ron Mitchell, Assistant City Manager , . j i 1 � 3 . . � 1 , . � __-._. � ,��9., -- EXHIBIT . . /� � � C�� .C��, . � 130 south galena s�reet � aspen, colorado 81611 � 303-925-2020 May 2, 1985 Thomas Fenton Smith, . ' County Attorney 506 East Main Street . Aspen, Colorado 81611 Dear Tom, � In response to your correspondence May 2, 1985, Z enclose ' herewith a f�rther revision to the Intergovernmental Agreement which the City staff, in consultation with the City Council , feels will adequately resolve all outstanding issues surrounding the rescissioz� of the city's seventh penny sales tax. Please t�ote the folla�aing changes: • � 1. A r,�sw whereas "4" has been inserted reciting the ; � creation of HFTA and the desire of the parties to fund RFTA from the proceeds of the additional lo ; County sales tax. � 2. Language has been added to paragraph "2" reciting that � if the County is precluded from using the proceeds of I the additional 1� County sales tax, the County agrees � to reimburse a full 12. 1x from the general financial � resources of the County. In this regard, subparagraph � 2 (iii) has been amended to reflect repayment to the ' . City of 12. 1a, not an amount which "shall exceed ; 12.1.�". Further. I have revised the introductory f sentence of paragraph "2" to delete the inference that ( � "A22 receipts" wiZl be allocated and distributed only i to Aspen. ' 3. • Paragraphs "4" and "5" have been revised to require ' that the proceeds of the additional lx sales tax fund RFT!►. 4. Your paragraph "7" h�s been deleted entirely, and . substitute with a new paragraph to require that the Counf,y shull not unilaterully terminate the HFTA ; . ;i I . i . • � . , ._. _ , _----�- .�� , .. � , egreement unless the additional 1X County sales tax is repealed and the termination is approved by the County electors. Further, Paragraph "7" provides thafi the RFTA Intergovernmental Agreement shall be amended to � reflec� the funding and terma�ation concepts outlined above. With �regard to City Ordinance No. 24 (Series of 1985) my "old lady" tendencies require that I insert reference to any outstand- ing obligations to the City resultin� from the City County Lease dated December 1� 1983 in Section 1, condition (iv) . There are also some typographical errors which I will discuss with you over the phone. Please contact me as soon as you have had an opportunity to review the enclosed draft. Very truly yours, Paul Taddune, . City Attorney , . xc: Harold L. Schiliing, City Manager • Sheree Sonfield� Administrative Ser�ices Director John Eldert� County Manager • Tom Oken, County Finance Director ' Bob Irvin, Bond Counsel ___ �.�.W.� EXHIBIT • � � AGRS[�MENT THIS AGRESMENT is entered into this day of , 19$5� by and between the BOARD OF COUNTY COMMISSIONfiRS OF PITKIN COUNTY, COLORADO, and the CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. RECITALS: , 1. The City of Aspen, pursuant to its September 7� 1972� � (7th penny sales tax) Ordinance, currently has a 2� sales tax rate in effect. Pitkin County currently has a 2x sales tax in effect. The sales tax rate of the City of Aspen will be decreas— ed by 1X, an� the sales tax in effect in Pitkin County will be increased by Lx. . � 2. By Resolution No. 29, Series of 1983, the Board of County Commissioners of Pitkin County, Colorado, provided for an increase in the Pitkin County sales tax from 2X to 3x, subjPCt to specified conditions� with the portior to be allocated to Pitkin County to be used to provide public transportation facilities and services for the County of Pitkin and its environs. � 3. On May 3, 1983, the registered qualified electors of Pitkin County, Colorado� approved an increase in the Pitkin County sales tax from Z: to 3�, pledging to an operating and capital improvement fund that portion of such sales tax increase remainin� after distributions to Aspen� Basalt, and Snuwmass Village� to be used solely for providing pub2ic transportation services and facilities for Pitkin CounLy, or for paying debL 1 service on bonds or other obligations of the County issued for public transportation facilities, as is more fully set forth in Resolution No. 83-29. 4. WHEREAS� pursuant to an Intergovernmental Agreement made on the 21st day of November, 1983, the City of Aspen and the $oard of County Commissioners agreed to create and constitute a public transportation entity separate and distinct from the City and County, commonly known as the Roaring Fork Transi� Agency ("RFTA") , and the parties desire to provide for the continued existence of "RFTA" and funding thereof from the proceeds of the additional County sales tax authorized by County Resolution No. 83-29. • 5. On May 2, 1985, H.B. #1221 was enacted into lyiw, amending C.R.S. 29-2-103� and allowing Pitkin County to coll�ct its sales tax provided that certain conditions are met. 6. Pursuant to Resolution No. 29, Series of 1983, and f H.B. #1221, t�e City of Aspen intends to adopt Ordinance 24, Series of 1985, a copy of which is attached hereto and incorp- orated herein.� to reduce its existing sales tax by 1X in order to alZow the County tax to be levied within the limitations of C.R. S. 29-2-108. ' ?. H.B. #1221 eliminates the necessity for the Town of Basalt to reduce its sales tax, and thereby eliminates the necessity for �i distribution to the Town of Basalt out of the County sales tax. . 8. It is the furth�r intent of the -parties to ihis 2 Agreement to ensure that Pitkin County will remit, pursuant to County Resolution 83-29, City Ordinance 85-24� and this Agree- ment� to the City of Aspen an amount which would be generated on an annual basis from a lx municipal s�les tax, in order to ensure that the City is not injured by the implementation of the County's sales tax increase, after rescission by the City of 1� of its sales tax. NOW, THEREFORE, THE PARTIES HERfiTO AGREE AS FOLLOWS: 1. This Agreement shall be effective upon: ' a. The reduction by the City of Aspen and the Town of Snowmass Village of their existing sales tax to rates not to exceed 1�; and b. The agreement of the Department of Revenue of the Stete of Colorado to collect the additiona! 1X County sales tax. 2. From the receipts of the additional 1� county sales tax which are collected within the County and its incorporated municipalities there shall be allocated and distributed promptly upon receipt to the City of Aspen and Town of Snowmass Village revenues as follows: a. The City of Aspen shall be allocated an amount equal to that portion of the additio�al 1� County sales tax which is collected within its corporate limits as shall be necessary and in the following priority: (i) to defray in a timely manner the deb� 3 service and reserve fund obligations incurred by the City o� Aspen in connection with its Sales Tax Refunding Revenue Bonds, Series December l, 1982� or any bonds issued to refund such issue in whole or in part� as those obliga- tions become due and payable; (ii) to defray the amount of food tax +efunds due the residents of the City of Aspen; provided, however, that such amount shall not exceed in any year 5.4x of that portion of the additional 1� county sales tax collected in that year wit�:in the City of Aspen; (iii) to provide for the maintenance, (includ- ing construction) of the mall in the City of Aspen; ir� the amount of 12. 1� of that portion of the additional lx ' County sales tax collected in that I year within the City of Aspen, for so � long as the additional 1� County sales tax is collected. a _ (iv) All remaining proceeds shall be returned to the County of Pitkin to be applied as more specifically set forth in this Agreement. � 4 b. fihe Town of Snowmass Village shall be allocet�d un amount equal to the additional lx County sales tax which is collected within its corporate limits. c. Tf for any reason, the County is precluded from using the receipts of the additional 1� County sales Lax to reimburse any amount of the fands for mall maintenance in excess of 10.4X provided in Subsectioa 2 (iii) hereinabove, said amount in excess of 10.4� shall be paid to the City from RFTA funds other than the County sales tax� and the parties agree th�t the RFTA Intergovernmental Agreement shall be amended accordingly. 3. The method of distribution of the additional lA Cou:.ty sales tax shall be agreed upon by the City and the County thro:�.gh their respective managers, subject to the requirements of the Colorado Department of Revenue. 4. • $30�,000 of the annual revenues derived from the County's additional I� sales tax� including that amount from paragraph 2.a. (iv) , above, shall be deposited to the County's capital improvement fund and used solely for RFTA Capital Improvement purposes, existing debt • service, or such other transportation-related debt as may be agreed to by the parties hereto. � 5. The remainin� revenues derived from the County's additional 1� sales tax shatl be deposited into the County's "transport�tion f�cility oper�►tion and mainten�nce fund, " wl�ich 5 r shsll be used solely for the purpose of providing operation �nd maintenance of the RFTA public transportation fleet and relnted facilities for the inhabitants of Pitkin County. Said fund shall not be available for any general purposes of the County, but solely for the beforementioned transportation purposea. 6. The additional 1� sales tax of Pitkin County shall continue in effect until repealed by the registered electors of Pitkin County at an election held for such purpose. However, so long as there remain outstandin� any bonds or obli�ations of the County having a lien on the proceeds of all or any portion of the sales tax, or the obligations of the City of Aspen as described in Section 2(i) of this Agreement are outstanding, or any obliga- tions of the Town of Snowmass Village having a lien on �he proceeds of all or any portion of the sales tax to be reduced as described herein, neither shall the sales tax be repealed, nor shall the application of tlie proceeds derived from such sales tax i be changed in any way which would adversely affect the security of such bonds or obligations. 7. The County hereby agrees that it shall not unilaterally terminate the RFTA Intergovernmental Agreement unless the registered electors of Pitkin Count'y both (i) approve the termination of the NFTA Intergovernmental Agreement and (ii) repeal the additional 1X sales tax as authorized by Resolution , No. 83-29. Further, it is agreed that the RFTA Intergovern- i � mental Agreement shall be amended to incorporate the aforesaid conditions of termination by the County and provide for the i 6 . � �; ' i� ij funding of RFTA from the proceeds of the additional lx County sales tax as hereinabove provided. 8. In the event that the City unilaterally terminates the RFTA Intergovernmental Agreemcnt the proceeds of the addition�l lX County sales tax shall be allocated and distributed in accordance with County Resolution 83-29. _ 9. The parties agree that RFTA shall �ssume all outstand- ing obligations of the City referred to in Section 1, condition (iv) , of City Ordinance 85-24, and the RFTA Intergovernmental Agreement shall be amended accordingly. 10. If any provision of this Agreement or the �pplication � thereof to any person or circumstances is held invalid, such invalidity shall not affect other pr��visions or applications of the Agreement which can be given effect without the invalid provisions or application, and to this end the provisions of this AgreemEnt are declared to be severable. 11. � The parties agree that in the event of a breach or default by any party under any provision of this Agreement they shall be entitled to an injunction to prevent default or further default, damages, and attorneys' fees, as the case may be, and also to a decree for a specific performance of any of the obligations hereunder. 12. Each party represents that it has the specific power and authority to enter into the consummate this Agreement according to law and that it has followed the proper 1eg31 procedures to authorize th�se persons whose names are subscribed 7 . r� below to execute this Agreement and obligates that perty to perform this Agreement. 13. Thie Agreement shall be recorded in the office of the Pitkin County Clerk and Recorder promptly after its execution. 14. This Agreement and the RFTA Intergovernmental Agreement shall be binding upon the successors� representatives and assigns of the parties and shall only be modified by writing duly executed and approved by each of the parties hereto. ' CITY OF ASPEN, COLORADO DATED: BY: � William L. Stirling, Mayor � ATTEST: Kathryn S. Koch� City Clerk � BOARD OF COUNTY COMMISSION�RS OF PITKIN COUNTY, COLORADO . � ' / �,t,,u,�_. (�-�- DATED: � � " �� BY• • Tom Blake, Chairman ATTEST: � i � i .� /� , •.) 'i..C.f.L(,� - � � , Clerk & Recorder a . . ; � ; � i The Aspea Times , Box E Ki��.�.�v'�.0 l��';� +, � 1:1�� Aspen, Colorado y;;:� c? co. cc'"�;':•'� • PiTf:I'I C0. P.:?�lic Iicarir� .:. '...',, ,a ` . ,, . -� � Lu;.o . .__._,�..�........... ��:'�jcct . �Q�`—JG�l�1�aV�'U—i PROOF OF PUBLICATIC�N • ' . � � t STATE OF COLORADO ) COP�/ Of NOtIC@ � ) ss. County of Pitkin ) ; _:. ..:,. NOTICE " f. I, '.�1i11iam .�. �Dunavra.y PURSUANT TO THE:L1.=: � do solemnly sN•ear that Q'UOR"L'AWS Of .CO�= I am the �Lihl 1 S h2 T' of THE ASPEN TIMES; .O��s� �•:,�: ' VILIAGE�'VENNRE CORP,�_ I that the same is a weekly newspaper prtnted, in whole or in part, ASPEN:QUKK 1NART INC.. � and published in the County of Pitkin, State of Colorado, and has Lotpi�raf 14222 Flw�l 8'j. � a general circulatfan therein; that said newspaper has been pub- �::% �,.: � llshed continuously and untnterruptedly in said County of Pitliin, �Has roquestsd fhe licens=: � for a period of more than fiftytwo consecutive weeks next priar ingoEfieia�sofPitkinCoun=: i to the first publication of the annexed legal notice or advertlse- fytoGianta`3.?BeerRafail i ment; that said newspaper has been addmitted to the United States Liquor.:LiC�nsi::AT THIS � mails as second-class matter under the provisions ot the Act of .�OCATION.TO SEII FER ' March 3, 1879, or any amendments thereof, and that said news- ��TB�� paper is a weekly newspaper duly qualified for publ[shing legal CONTAINING NOT MOI� notices and advertisements with the meaning of the laws of the �N�3.296�ALCOHOL BY State of Colorado. �«T. PUBUC HEARING�ON AP= 4 Th�t the annexed legai notice or advertisement was published =pU(,/►nQ�i�Tp gE HELDAY � in the regular and entire issue of every number of said weekly pmQN CQ(JNTY C�M(yUS: I SIONERS•ROOM, ' :-� , newspaper for the period of �- consecntive insertions; and Pitkin Coun Courfliouse;_? I that the first publication of said notice was in the issue of said SO6.E'Main�hrsf` ' � Aspen,Co.81611 .:. :: newspaper dated Ap1"i 1 2 5 A.D., 19$5 and that TIW1E 8 DATE:May 6,.1985" the taat publication of said notice was in the issue of said news- �Z.��pm . paper dated A.D., 19_ .DATE OF'APPIICATION: '1�. March 27, 1985 , �8Y•;ORDER OF:THE PITKIN., ' COUNTIf�tLERK' �� - �e%7/L2�2�� PETtT10NS.8 REMONSTR-: ANCES MAY BE FILED WITH� 7HE PITKIN COUNTY� Subscribed and sworn to before me,.a notary public in and for CLERK,506 E Main Sheet; As�en,Co 81b11 .. - f1 �rv. the nty of Pitkin, State of Colorado, this , day of published in,the Aspen ,s 'Tiri�es"April 25� 1985. A.D., 19� Notary Public My commission expires �� r �'he Aspea Times � r":. .'� r:-- . ,. � . : .: . Box E �''•: , `: - r:�:?:� r:�:,.-_ :; . Aspen, Colorsdo �',(� �f,� ' F�.:o . _._ ............. ... �,:� ;�.�� . �1Lr�:rl_I�!l$.��+� .� , PR�OF OF PUBLICATION STATE OF COLORADO ) CO'7Y Of NOtIC@ ) �• County of Pitkin } � ' ��^ -`" :'�~+ ' r►ance�st�exatvseru�.cee.eoaa�r : Commfriarn d Pitkfa Cw�ot.�y'C�a�ke�qp. I� 1�1 i 1.Z i am R. Aunai��ay ��• n°°�s•• w,- = do solemnly swear that s.ises.e x�a E�`�►.ca�.ns:n—Itoas.�''.k„� Pi!►ta Zwuty C�urlboor b0!R�I�M 8t,'Mppee�ar;�;;; Publisher ��'�� a e�e .dtlde�Grsqpw;;'.� I am the of THE ASPEN TIMES; acessxtbn3a�o�sol.e 'nre...ot that the same is a weekly newspaper printed, in whoie or in part, H�p�g�� . and publiahed in the Caunty of Pitkin, State of Colorado, and has p��"'n" '��p�� rt��ted wilhin tL��i,ir a-bilsw�cp:; a general circulation therein; that said newspaper has been pub- �'fi• �� liahed contlnuously and uninterruptedly in said County ot PitiiIn, �°�°0t �'�' 1� �r�lirwir e�tlN for a period of more than fitty-two conseculi�e weeks nezt priar ��10�'°Ca��„��ta��wn��.e or�tn ebe dihrkti�o the dao8�ed�NrpYeToe wkh rop..nd to the first publication of the annexed legal notice or advertise- �"'��"�O1°b� �pmpo..a aNArid��'i`a..i�of�ll.na ment; that said newspaper has been addmitted ta the United States wtth�u�.t�ou�d+tm..t e...0 eredivwon " to th�pl�e urred of noo�d ia eoot�-- mails as second-class matter under the provisions of the Act of ,'°0°wsb�ot�.rao■d..�m.rx�e C1.rt March 3, 1879, or any amendments thereof, and that seid news- �'�a°0°"�`' "��'�'�pa� 'etlAthuwouW�6omth�diweidrdawn paper is a weekly newspaper duly qualified for publishing legat �•��0�"��OO� A afWspqtleal��vdl�bMfar ' notices and advertisements with the meaning of the laws of the �� State of Colorado. �EM�.�•d��'�� . � Plt�in Couot�r CMrk�od Reoader . Thgt the annexed legal notice or advertisement was published �y 6,�"�'P`°�"��'ta�s•� ; in the regular and entire issue of every� number of said weekty newspaper for the period of �'�' consecutive insertions; and that the first publication of said notice was in the issve of said newspaper dated �pr i 1 �.�. A.D., 19�.5, and that the last publication of said notice was in the issue of said news- paper dated �`aY 2 A.D., .19 85 / �� Subscribed and sworn to before me,.a notary publ{c in and for t County of Pitkirt, State of Colorada, this �.day of r -----l�—�=�"lL']��A.D.. 19�� U �` ` � . 7 �`/ 1 G��J Notary Public /�� ; My commission expires v '