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� BOARD OF COUNTY COMMISSIONERS GM GONE
REGULAR MEETIN6 A6ENDA
MONDAY 22 JUNE, 1987
9:D0 fixecutive Session, Tam Smith
IAND USE
9:3U a.m. PUBLIC HEARIN6 - Benedict/lOth Mtn. Division Hut ' _
Special Review [FK) (1/2 hourj �'
�':� :
10;0U PUBLIC HEARING: �' `
Piccadilly Circus 3.2 Beer Liquor License �r�`
Application, Kim Whitestone �,'...
10:30 A.M. BREAK
<:-; �
10:45 Pitkin County Fair Temporary Use Permit, Cindy Houben �; '
x.
-/.'`± 11:�� Northern Geophysical Redstone Seismic Line, Cindy Houben c� `
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11:30 Eisner Care-taker Employee Unit, Francis Krizmanich
. :;I
�, !`� 12:00 RUBEY AND HUNTER CREEK ACCESS SITE INSPECTIONS - PICNIC LUNCH WITH '
HOUSING AUTHORITY [LEAVE FROM COURTNOUSE - VAN PROVIDED)
:t#
- ADMINIS7RATION
r:i:� .
_x 1:30 p.m. Public Comment
�'=:;� 1:45 Manager160CC comments �
=``:~-� 2:00 RESOLllTIDNS AND CONTRAC7S �
�; Minutes - June 8, 1987
-::�i Airport Expansion VE/GG Contract {GSE) .
;�':'� [Review Suhcontractorsl
',F:� Acceptance of FAA 1887 6rant Offer, Ed Thurmond
Second reading, Supplemental Budget Appropriation, Tom Oken _ .
.,.'.,� iST READIN6 AND SET PUBLIC HEARIN6: ;
fstablishing Airport Landing and Fuel Flowage Charges, Gary Esary
2:45 PUBLIC HEARING:
Lot 7 Sunny Park North Contract for Sale, Ann Bowman [NOTICED
5/14/87)
'"�+ 3:00 PUBLIC HEARING:
'Y.� Temporarily Amending Article 32 of Airport Regulations ta Permit
Limited Curfew Change for Snowmass Balloon Festival, Ed Thurmond
'� 3:15 P.M. BREAK f `-`' -
,:� 3:3U PUBLIC HEARING: � ,�
� AVH Land Transfer Agreement (Tom Smith, John Eldert) �' -
} [NotYced 6/11/87� ' � a ;.
4:00 Aspen Mountain Road Closure, Tom Smith � � `� '
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� S:OU ADJOURN ��
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BOARD QF COUNTY C�MI3ISSIONERS
MINUTES -
f;:'-:'. :
REGIILAR MEETING JUNE 22ND 1987 �.%
PRESENT: COLEITS PENNE, FRED CROWLEY, TOM BL1�KE, AND BOB CHILD. t -
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The Board met in executive session with County Attorney Tom Smith
from 9am until 9:30am. After a short break, the public meeting 1�
was opened by Vice Chairperson Colette Penne at 9:35am. �:'
F..
PUBLIC HEARIHG• TENTH MOUNTAIN TRAIL ASSOCTATIONLBENEDICT- �`�
� HUNTER CREEK SRI H[7'P - SPECIAL T2EVIEW SIIBDIVISION EXEMPTION �'� .
10�41 HAZARD REVIEW GMP EXEMPTTON - Francis Krizmanich - i Motion � ��..
i to continue the Public Hearinq until the followinq dav June 23 r `
1987, at 3c00pm ^ AIFMC E
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� The item consisted of a joint application from the Benedicts and f
the Tenth Mountain Trails Association. Frederic (Fritz� Benedict
• and Fabienne Benedict propose dedication of 10 acres to the Tenth
, Mountain Trails Association (TMTA) for the construction of a hut.
The property is at the entrance of the Hunter Creek Valley.
: [Special i2eview requested for the "resort cabin," GMP exemption
for Essential Community Facilities, 1041 review covering
, geologic, wildfire, and floodplain hazards, and a SuBdivision
Exemption to subdivide l0 acres for the hut.]
Representing the application by their attendance were Fritz and
Fabienne Benedict, Charla Totman, Rob Burnett, Pat Maddalor�e, '
attorney Art Daily oP Holland & Hart, and several other members -
of TMTA. [See sign-in sheet attached.)
The McNamara Hut review procedure was compared to the subject
reviews.
The close-in location of the hut was discussed, along with its �
proximity to Tom McCloskey's home. Some sentiments were voiced
that the hut would be too "urban," but several people including
Rob Burnett of TMTA spoke in favor of such a facility, where
older people and children could share the hut experience. �
Burnett also suggested the hut would provide a kind of '�
"introduction" to the hut trip experience for novices. He and �
Fritz Benedict also spoke in favor of this location as a �. �` � �.
"trailhead." � 5
The Norpine House proposal was also compared and contrasted with y�v
.t��.:: ;
the subject application. "`
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BOARD OR COIINTY COMMISSIONERS 1 JUNE 22ND, 1987 �.==' ::�'�r.
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Attached to the staff inemo in the packet was a memo from County
Attorney Tom Smith, recommending resolution of the trails issue '
• as a condition of approval of the property as an "essential"
community facility. �`�:. -
The applicants were planning to sink a well for water. A septic .
system is proposed for sewage.
���.•., .
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Bob Child raised an issue concerning the screening of the j
building, Also, he discussed the water issues as they might '
impact Hunter Creek, as it had been suggested that some water `
� might be taken from the Creek. Benedict assured the Board tihat
� every effort would be made to get the water £rom a well, rather �
than by diverting water from Hunter Creek. Child said that he � .
� would want to see a condition of any approval that would j;�:
- guarantee that the drilling of a well would not jeopardize the 6:7;.
i minimum flows of Hunter Creek. ( �
I.
� ,.
" Child had some reservations regarding the classification oP the (
project as a "essential community Pacility."
i ;
f Benedict commented that the property which he proposed to give to [
, the community, for their benefit, was easily one of the nicest F
• properties on Red Mountain. �
i
Vice Chairperson Colette Penne opened the Public Hearing at
`� lo:o0am, inviting public comment. �
k
, Attorney Art Daily, representing the Benedicts, addressed the j
; trail dedication issue. He explained that Tom Smith had required
� the Benedicts not just to dedicate an easement across the 10 �
1 acres, hut a permanent easement across their entire property. He •
said that the Benedicts had executed such an easement, and
'; delivered it to 5mith. [A 15 ft. wide trail easement across the . '
� entire parcel.]
� The Benedicts had agreed with Tom McCloskey to limit development
� on the remaining 60 acres to a single-family dwelling, along with
; a guest house and other appurtenances associated with a [luxury)
home and permitted by Code. They asked that the County reserve i`�.
, whatever credit is due them in exchange for the easement across
� their property and apply it to a future application concerning
� the 60 acres. Daily objected to a comment in Smith's memo S
concerning "double-dipping." He explained that the Benedicts i. .
expected to reserve these potential credits as a direct result of
� dedicating an easement over lands not involved in the subject
application. �
There was some discussion concerning deed restricting versus the �,i:0.
license agreement referred to by the principals involved. [The
Benedicts had been given support from P&Z regarding their �; ��
BOARD OR COUNTY COMMYSSIONERS 2 JIINE 22ND, 1987 "'j
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suggestion that they "license" the trail until such time as they �
were ready to make application regarding the remainder lands, at
which point a trail dedication could be made with full credit -
towards whatever applied regarding open space, GMP scoring �";`: -
credit, etc.]" �'^,•}•:: .
Tom Smith explained the legal ramifications of the dedication �. "
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issue to the Board, along with some history of this project
regarding the issue. He also mentioned that the dedication he �,- -
had received from the Benedicts was conditioned upon this �,,.
reservation of credit towards future development. Smith restated i
several of his legal positions regarding the application,
including the fact that the applicants were exchanging a trail ��
easement for a GMP exemption regarding the hut, and to reserve `�'
additional development credit would constitute the "double- ��.'�
dipping" to which he referred in his memo. He acknowledged �
Daily's point of view, and suggested to the Board that the ahoice
was theirs regarding the reservation of additional credit towards
future development.
Pat Maddalone explained that the GMP exemption was being
requested in order to construct during the summer season. She
suggested the Code be rewritten regarding "essential," with a
provision for "beneficial" facilities instead, so as to make it
possible for people like the Benedicts to be encouraged to make
; such donations of land that could benefit the public. She also
' explained that the reservation of development credit was mostly F:
. one of timing, as the scoring procedures are performed only once �'
a year. She reminded the BOCC of the generous contributions of
the Benedicts in the past to the community, including 100 acres
at Iiunter Creek, for which they accrued no points towards .
development credits.
Bob Child commented that there existed precedents for giving
� credit for past gifts, citing a subdivision on the Frying Pan
� River.
f
Nick Coates suggested that the County should not make it
difficult for citizens to do the kind of good works that the '
;-
Benedicts were attempting to do.
In response to questions from Colette Penne, Charla Totman �
explained the reservation system used for the huts, including the :�
screening of potential users of the property, and the use of a
"hutmaster" or hut-keeper for the hut. ,
�.���: >.
Fritz Benedict talked for a time about the history of Hunter }�'"°'
creek, including a mention of his "quiet title" action of 1950 �` ~.
which closed the road, ePfectively blocking the proposed " �
develo ment b McCUllo h for 350 homes in Hunter Creek. �V +.:�..`
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BOARD OR COIINTY COMMISSIONERS 3 JUNE 22ND, 1987 f
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[A BOCC site visit to Hunter Creek was planned for the lunch
hour. For this ancl other reasons, the Board decided to continue
the Public Hearing until the next day.] At 10:20am, Tom Blake
moved to table the item and continue the Public Hearinq until _
3:OOpm on the following day. Fred Crowley seconded - AIFMC
;s�
PUBLIC HEARING' PICADILLY CIRCUS - NEW 3_2 B$ER LIQIIOR LICENSE- , _
Rim Whitestone -I Motion to avnrove - AIFMC �'
Quite a few local residents of Redstone were in attendance at the '
hearing. [See sign-in sheet attached.] _
Tom Smith mentioned that the Popcorn Wagon itself is the subject C
of a separate application for Land Use approval. This hearing �,,
was only for the liquor license. In response to Bob Child's y
� � question, Smith said that it would be appropriate to condition �
,�'I the license approval on applicants securing the necessary land �,
� - � use approvals. ;
-i Gayla Gregory, the applicant, informed the BOCC that the land use �
matter had been heard at the most recent Planning & Zoning
'_� Commission meeting, where it had passed unanimously. She
explained the wagon is a temporary structure, and wou2d be on the
:�'i boulevard only three months out of the year (approximately),
^,S during the summer. She mentioned that their hours would be
s.� limited from l0am until 4-5pm.
_° The Board satisfied itself during the discussion that purchasers k
�'� would have to consume the liquor on the premises (contained in a
certain area), and would not be permitted to walk up and down the
� street while drinking alcohol.
':i� Cindy Aouben explained that the Board would be reviewing the land
::-� use matter concerning the Popcorn Wagon on July 27, 1987 as a
;_i Special Review use in the Business 1 Zone District.
�;-'.; Bob Child raised an issue regarding a petition procedure
-= regarding the granting of liquor licenses. He believed such a
procedure was formalized at one time, wherein the applicant would
circulate a petition for support from the neighbors of the .
-=�! operation. Kim Whitestone agreed to look into this petition
_,� requirement for the Board.
However, as it was obvious in this case from the attendance by �
:� neighboring Redstone residents at the meeting that sufficient �
� notice had been received by the community immediately in the �
vicinity of the proposed operation, the Board chose to go forward i}
and act on the liquor license. Also, a sign had been posted on 4 ''
the property, and the Public Hearing had been noticed and r,::?'4_.:'�`
published in the newspaper. ' � "'�
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Colette Penne read a letter of opposition from attorney Peter E..;;�`:.j
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Martin, a Redstone resident who could not attend the meeting in
person. [The letter was received into the public record as
Exhibit 7. to the Public Hearing, and is attached hereto.] �
Silvia Morrison, an adjacent shop owner, spoke in favor of the _
applicants, whom she had known for two years. She noted that p`.� �
Gayla Gregory would have little difficulty in handling the !�"
situation, as Gregory had in the past managed a full bar �
operation.
f'.'
. Several of the local Redstone residents spoke of their concerns -
regarding the granting of the liquor license. Several others
spoke on behalf of the applicant's proposal.
Local resident Pat Herpel spoke against the issuance of the -
�;i liquor license, and presented a Notice of opposition she was
asked to bring by some residents not able to attend. The clerk
��:.y received into the public record a handwritten Notice of
. Opposition signed by five Redstone residents, objecting to the
t;.; granting of the liquor license. [The Notice of opposition
'^�; petition has been marked Exhibit 2 to the Public Fiearing, and is
-, attached hereto.�
��=i Bob Nelson of the Environmental Health Department spoke briefly
about the arrangements being made to provide adequate facilities
"=�y to handle the operation. Though not completely resolved, the
'=`�_� problems regarding toilet facilities were at least partially
mitigated by the existence of a nearby chemical toilet in the
� park. There was some discussion about the possibilities of this 4
-::i facility being improved. Penne asked if there had not been an
:".; allocation of lottery funds for this purpose. it was agreed that
' perhaps the County could look into working with the Redstone
Community Association (RCA) to improve the restroom facilities �
' serving the park. .
After giving all of the interested parties an opportunity to be
heard, and with some considerable discussion...Tom Blake moved
-''; appsoval. Fred Crowley seconded. Crowley thanked the Redstone
-_.,-.� residents for travelling such a distance to be heard on the
;_�,, issue. A vote was taken on the motion - AIFMC
- -�
� A break was called by the Chair at 10:50am. The meeting
-:� reconvened at 11:00am.
�� RESOLUTION: 1987 PITRIN COUNTY FAIR AS A TEMPORARY IISE PURSIIANT
TO SECTION 3-8.11 - Cindv Houben - � Motion to apnrove - AIFMC � •
After a brief discussion regarding the Pitkin Countv Fair planned
�� for August 8th and 9th, 1987, at the Pfister Lazy ::.iair Ranch and � �
on the Tiehack Ski Area site...Tom Blake moved approval. Fred E.,.'.;;�,�;
; Crowley seconded - AIFMC
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� BOARD OR COUNTY COMMISSIONERS 5 JUNE 22ND, 1987 s;� %
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1tEDSTONE COMM[TNITY ASSOCIATION - LABOR DAY WEEI�7D FAIR - Silvia •
Morrison of the Redstone Communitv Association - � Motion to
waive land use annlication fees but to allow minimal fees to be
charaed for food service insUections - AIFMC "
F'-;`,:.
As the Board was considering issues concerning the Pitkin County '
Fair [above], and as several of the members of the Redstone �'.'
community were already in attendance concerning the Picadilly
Circus liquor license applj.cation [above], Si2via Morrison asked _
for a few moments of the Board's time to consider a problem the
RCA was having concerning their fair, planned for the Labor Day
weekend. The Board agreed, and the item was heard.
[Audio tape reference �1-3125] �
�:
The fair is planned for Saturday, Sunday, and Monday. Morrison
explained the plans for the fair, and in particular a problem
, _ concerning the high cost of fees being charged by the County
regarding the project. Morrison explained that RCA had hired
� Thomas Lolly as a consultant for the fair, and he had been quoted
'� approximately $83o for approvals concerning food booths RCA hoped
� to include as part af their fair. She explained that RCA did not
have enough funds to pay for this, and still hope to profit from
` � the fair. [The profits would go into RCA's fund for community
•,
-I projects for Redstone.]
��;t� Cindy Houben explained the fee structure concerning such
-�;:i applications. Fees for a one-step procedure taken to the BOCC
� involve a billing oE 5 hours at $145 per hour, or $735.
'.,� Additionally, the applicants were being charged for two :
referrals, [Environmental Health for the food booths, and
Bngineering to consider potential traffic problems concerning the
. fair, as well as parking considerations] which added $10o to the
£ees, totalling $835. �
'':;J
Fred Crowley moved to waive all fees for the Y2CA regarding the
fair, though providing for the RCA to complete their land use
application through the staff. Tom Blake seconded.
ri� Houben mentioned that efforts had been made to reduce the fees
,�`i for the RCA. Morrison explained the parking arrangements.
,.:i During discussion, it was determined that even the Pitkin County �
i Fair gets charged fees by Environmental Health, on a per-booth �
basis. Penne suggested that they waive th� land use portion of ; ....:.-
� the fees, but still allow Bob Nelson of the Health Department to
� charge for his time in inspecting the booths. '�
� .��`
2'here was also a discussion as to whether the RCA should be put '
through a land use procedure at all for the fair. � �°
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� BOARD OR COIINTY COMMISSIONER5 6 JONE 22ND, 1987 _ =
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�'.
Crowley amended the motion to allow Environmental Health to
charge °minimal fees° to inspect and approve the food operations _
for the fair. Blake seconded the motion as amended - It was
agreed that the RCA would go through the land use process, but %', .
without fees. Crowley suggested they review this requirement in
general during Code Simplification. Child suggested as an i. �
alternative that the fees could be paid from lottery funds, but
Morrison explained that they needed the lottery funds badly for _
the restroom improvements [discussed in the Picadilly Circus
item, above]. Penne said she would vote for the motion to get .
the fees waived, but did not agree in spirit that the fair should
have to go through a land use process. Bob Child went on record
as supporting a land use application for such fairs. A vote was
{ taken on the motion - AIFMC
;_:i The Board invited the Redstone residents td stay and hear the
- i ne�ct item, which concerned their area.
���1 �ROSPECTING PERMIT FOR SEISMIC LINE °D^ - NORTHERN GEOPHYSICAL OF
-�,�� AMERICA - Cindv Houben - � Motion to anprove passed 3-1.
_�,� Cindy explained the item, and introduced Don Palumbo of Northern
Geophysical, who presented his company's intentions regarding
'?''7� blasting, including the use of helicopters, prospecting for oil
,,;-.� and gas deposits along a line stretching from Southwest of
:.� Carbondale to a point near the Redstone Campground. A similar „
approval had been granted to the company in April for the Crystal `
_:,•;� River Valley area, and the company was requesting approval for
_' :i the placement of explosive shots along a different line, known as
? ) Seismic Line "D". The line runs across federal lands [USFS AND ,
� BLM], with no private lands directly involved, and thus no
,,;-i permits from private landowners required. �
;�,-� Penne expressed concern with the disruptive nature of the
;;ti:'� testing, along with even greater concerns regarding the possible
result of such testing, which could encourage oil and gas
operations in the subject area.
;.i
:�<�{ Bob Child pointed out that Redstone has a very short tourist
season, which blasting and helicopters would disrupt. [The
_:'-1 approval being sought covered a period of a month and a half,
between June 15th and July 31st, though the item was being heard :
-� several days past that beginning date.] �; ..•
i� Houben explained that the company was complying with a variety of
requirements' from the Forest Service intended to mitigate the � s�
`y disruption to the area for residents, recreational users, as well ��.
3 as for wildlife. The blasting approval from the Forest Service ".��''
f during this season was based at least in part on wildlife {rF,`
concerns. t ��'�
. .,, *•,
' .:'"�;'*:
BOARD OR COUNTY COMMISSIONERS 7 JUNE 22ND, 1987
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. ��i1...��'_.'�Ti�.��'�!'C�?:�>�����'����4!'�.:���tS�� .�*`•'� .K�... _ ..7"�°'�.. . _ .., .��... �..s�!4'���r-...�.:... .
� . �ti
The Redstone residents were invited to comment, and they
expressed their concerns regardinq the project. .
Palumbo explained that the explosive charges would be buried .
within the Crystal River Valley [though there would be above- �';.
ground explosions elsewhere along the line]. Further, a variety '��-
of representations were made by Palumbo regarding mitigating �� �
efforts to limit any negative impact on the community, includinq f -.
the size of the explosive charges, the times of operation during
the day, the precise location of the blasting work, etc. _
Child suggested a condition of approval that the company contact
the RCA before doing any blasting or helicopter work that would -
impact the Redstone community. Palumbo agreed that he would t
comply with such a condition. '•
IIf approved, Palumbo said that his company would like to begin ;
work the following day, in order to complete the line within a r••.
week or a week and a half, to complete the work prior to the July
` 4th holiday.
';V
�
i Blake was willing to move approval, urqing Palumbo to handle the
operation so that it might be completed within a week. He
, mentioned his own reticence regarding mineral extraction, and
' mentioned that any suah extraction would have to be reviewed by
;ij the County. He did say, however, that the community had allowed
,�•� mineral extraction in the past, depending on the circumstances.
� � Tom Blake moved approval. Fred Crowley asked Blake to amend the
+� motion to include the aonditions as amended by the Board, as well
as a condition that the operation be halted if complaints are
received from the community, as promised in the application.
- � Blake so amended the motion, and Crowley seconded. The motion
,., passed 3-1, with ColetCe Penne casting the dissenting vote.
�} The clerk raised a question over an apparent discrepancy
,i regarding the agreement by the applicant to comply with the
;:� Board's requirement of proper public notification in advance, and
-,: the stated intention of the applicant to begin blasting the �
..� following morning. There was a brief discussion on this matter. i
� Crowley again put the applicant on notice that they might be �
subject to a halt order from the County in the event they did not {�
adequately comply with their responsibilities as outlined in the ;:
.i application, the Resolution, and as amended at the meeting. ���.
� EISNER CARETARER IIPiIT - SPECIAL REVIEW - Francis Krizmanich - I �
lAttorney Gideon Kaufman, attended representing the applicant, �
Michael D. Eisner. �66 ` `
The staff was recommending approval, although the unit could not 1_;;�:±��'
�``
; ;;����:,
BOARD OR COUNTX COMMIS5IONERS 8 JIINE 22ND, 1987 �.=;,'�`°�`,{
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meet all of the requirements normally associated with caretaker
units. The Board has the authority to approve pre-existing units
as employee units under §3-8.13(d) of the Code, and the staff �
felt that the lack of strict Code compliance by the unit was more '
than offset by the gain to the community from a newly deed-
restricted employee unit, and would provide a substantial benefit �:.:.:
to the owner, who would escape having to remove a sound
residence. �
�. .
Tom Smith discussed the project with the Board. He mentioned
that the applicant could make a case for 2 single family -
residences on the parcel. Under the circumstances, Smith felt
that it met the intention of the Code to allow the caretaker
unit.
,`;.� Bob Child raised a question regarding the previous agricultural
lot split on the Christiansen property. It was agreed that the
":;� subject property was a separate parcel, and not contiguous to the
_ "� other, nor under the same ownership, [which might have invoked an
application of the merger rule]. Tom Smith had researched these
��1 questions with information supplied by Kaufman, and went over
- j this issue with the Board.
�"(:t
_:� Kaufman noted for the record that a sign had been posted, and the
required notices had been sent.
. -_j
'�,'_i Tom Blake moved approval. Fred Crowley seconded. AIFMC
,
j The meeting broke for lunch at 11:50am, reconvening at 1:45pm. ;;
_�;�J
` .I PUBLIC COMMENT
Samuel Henley M.D. spoke, suggesting the County switch to a 3-
._>;� year rabies vaccination for dogs, rather than the yearly
:^� vaccination currently required by the County, and made a strong
case for the 3-year vaccine. He suggested that the only
:;?_� beneficiaries of the yearly vaccination were the veterinarians.
'=.i:; After some discussion on the issue between the doctor and the
°�''! members of the Commission, Mark Fuller agreed to ask with
`�".; Environmental Health and Animal Control to change to the 3-year
vaccine, or show cause why the 1 year vaccination procedure as
practiced today was superior.
�� �
� Wilk Wilkinson had been provided a time to be heard during Public ,
Comment regarding his application for Special Review and 1041 j,
` Review, denied by the Planning & Zoning Commission. � ;,
In his opening remarks, Wilkinson suggested that the BOCC had s '�
requested he appear to discuss the issue. Penne objected, as the �
Board had made no such request, and it was agreed that Wilkinson -::�:�`..'�
was responsible for the request to be heard on the matter. [When F�;
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BOARD OR COIIN'PY COMMISSIONERS 9 JIINE 22ND, I987 ��
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Wilkinson asked for an avenue of appeal to the Board, he was told
by the staff that he could be heard during the Public Comment
period.]
Penne attempted to clazify the Wilkinson's purpose in his �
appearance at the meeting. When he explained that he had "Piled
an appeal" so the BOCC could review the denial, Penne informed '
him that there was no appeal process to the BoCC on such matters, }.
and that the decision of the P&Z was final. Tom Smith told `
Wilkinson that his only appeal was to the courts, but he had been _
provided the opportunity to speak to the Hoard as a courtesy.
Wilkinson asserted that the Board had the right to grant a GMP
exemption. Smith countered that there was no GMP exemption
application, and that only 1041 review and Special Review had
;.. ; been decided by P&Z. Smith said that GMP exemptions would not
come directly to the Board in any event.
_ :..•i
Wilkinson said that he believed that the Board would have the
� ti;�� power to grant an approval to an existing recorded subdivision
that had not previously been approved by the BOCC. The Soard
disagreed that it was proper to rehear the issue, saying that it
-• would require a Code amendment to overrule the P&Z and rehear the
`,:_a issue. Smith commented that the issue had been resolved at the
`-�i P&Z level, and had been denied. [Wilkinson has optioned a group _
of mining claims, which he wants 'the County to recognize as a
;:�:``� recorded, platted subdivision exempt from GMP subdivision review
;;;:;! requirements due to the fact that their subdivision long ago
� substantially predated the Code requirements. P&Z ruled against "
,� such a consideration, and denied the application.]
County Manager John Eldert explained that the Board might have ,
�: ,� wished to consider a "safety valve" procedure, which would have
` to be a new procedure, to allow an applicant to assert an abuse �
'"3 of process on the part of the P&Z.
::�
�
'�� Wilkinson asked if the members of the Commission had received a
,;;--� copy of a package prepared by him on the matter, and the members
said that they had.
."'I Penne did not want to hear the matter, but Tom Blake expressed a
willingness to hear Wilkinson during a work session, as did the
other members. After some further discussion, Wilkinson was
` �?iven 20 minutes on June 30th during the Board's work sessions.
lt was agreed that the Board was not intending to usurp the
authority of the P&Z, nor to chanc3e any review process, but was
meeting with Wilkinson for purely informational purposes. �. - :�
. i�.: �..,�
� Bob Ch31d mentioned that he was participating in the Crystal (° :,:;�>
River Wild and Scenic Committee. � ``-
..�
Mark Fuller discussed the Old Snowmass Bridge. The County has � ,�r��:
� BOARD OR COIINTY COMMISSIONERS 10 JUNE 22ND, 1987 %�,�::.?
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notified the State Highway Department as well as the bondholder
for Myer's steel of the County's intention to move forward on the
project.
Assistant County Attorney Gary Esary warned that the County could �, , -
expect aontinued complications arising out of the bankruptcy. ��;`..:�
The County had issued an RFP regarding the bridge. i "`
i . �
The clerk asked the Board to schedule time on July 13, 19s7, to
sit as the Board of Equalization to hear citizens with appeals _
regarding taxes, at the request of County Clerk and Recorder
- Silvia Davis. Mark Fuller left the meetinq to check on the
volume of the requests from citizens, and to consult the future
agendas in order to accommodate the requests.
i
�•��� Child asked if the members were interested in sponsoring a s;
„;.� meeting with representatives of the various tax districts. Penne t.
:.n
suggested the FAB meet with the representatives instead.
''�";� At 2:1�, the SOCC went into executive session with Gaxy Esary.
�� At 2:3opm, the public meeting was reconvened. Commissioner Fred
'��•_.� Crowley did not rejoin the meeting at this time.
. .,'
MINUTES - June 8 1987 - 1 Motion to avprove - AIFMC
S Tom Blake moved approval. Bob Child made a minor correction, and
�}`t`11 the minutes were approved. Bob Child seconded - AIFMC.
3 c
:'�:�� 1987 AIRPORT EXPANSION/REMODEL PROJECT - VE/GC CONTRACT - Garx
y .I Esarv - I Motion to approve - AIFMC
]
Agenda Item Summaries were distributed on the spot by Esary, as
;,':_:� the source materials had only become available on that day. `
[SUbcontractor bid tabulations were included in the packet, which
;,�:`3 were being submitted to the FAA for approval, and were provided
;"� to the Board for information only.]
'_;:;I The packet contained excerpts of the referenced VE-GC contract.
_ -' The contract was prepared by the architect, using standard AIA,
� � FAA, and County forms. [VE-GC = Value Engineering-General
_::;1 Contractor]. The subject contract supercedes the two previous
Letters of Intent approved by the Board. Construction would
,r_,:� begin as soon as the FAA approves the subcontracts. t
Tom Blake moved approval. Bob Child seconded - AIFMC
�
� �
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BOARD OR COIINTY COMMISSIONERS 11 3UNE 22ND, 1987 ��� r:'
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RESOIiJTION: ACCEPTING TAE OFFSR OF A FAA AIP GRANT TO ASSIST IN
TfiE FUNDING OF THE 1987 ASPEN/PITKIN COIINTY AIRPORT TERMINAL
EXPANSION/REMODEL PROJECT - Ed Thurmond - I Motian to approve- ,_
AIFMC
i.
Federal Aviation Administration Airport Improvement Program (FAA
- AIP) #3-08-0003-06 Grant Offer. ;.
Ed Thurmond explained that for the $2.4 million project, the
County's projeCted share at this time was approximately $1.5
million. The FAA was authorizing an additional $7398 in Federal
participation for the project, bringing the total grant to
'.'.'�i $862,707. The grant is broken down into $550,583 for the
_ tenninal, 153,000 for the apron expansion and related repairs,
- -•, i and 159,124 for outside or land site improvements. They have
;, �,) agreed to participate in most of the roadways and exterior work.
�'�":� Blake asked if the FAA had been cooperative in their
:..:;� participation. Thurmond said that they had been completely
cooperative regarding the funding. Tom Oken spoke briefly about
_',':} the FAA's participation regarding the project.
•"�'�.f Tom Blake moved approval. Bob Child seconded - AIFMC
"'S•`.� SECOND READING: RESOLD'PION - 1987 SIIPPLEMENTAL BUDGET
�� APPROPRTATION - Tom Oken - 3:OOpm - � Motian to aoorove oassed
-',';-:� 3-1. 4
--��
Oken explained several items, the fact that the Brush Creek Road
- '�-'' overlay project is being carried over into 1988, when the
_ .�; asphalting project will be performed. The Castle Creek Road
��.^•� project was discussed.
;'_-� Bob Child asked for �clarifications on some items, and Oken
°° � explained the allocations. Blake asked about the transfer of
_�:;_� funds from the Road and Bridge funds specified on paqe 6, item
'''�-t IV(3). County Manager John Eldert explained the item.
':'? Some budget items were on the agenda for the following day. Oken
covered a few more points, some of which will be discussed more
fully at the next day's meeting.
::�:i
;-:� Bob Child moved approval on second readinq. Colette Penne '
-� seconded. The motion passed 3-1, with Tom Blake voting against. �
'! ;: ;
FIRST RF.ADING AND SET FOR PIIBLIC HEARING: RESOLUTION 87-56
ESTABLISAING AND RE-LSTABLISHING AIR CARRIER LANDING FEES, AND t• '��J
ESTABLISHING GENERAL AVIATION I,ANDING FEES AND FUEL FLOWAGB FEES }''P `
- Garv Esarv - � Motion to approve gassed 3-1. a'�f.r
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,.;^� BOARD OR COUNTY COMMISSIONERS 12 3IINE 22ND, 1987 `�:.:
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Esary explained the resolution to the Board. Cliff Runge, of the
Fixed Base Operation (FBO) was in attendance, and spoke aqainst '
the adoption of the resolution. He said that he was extremely
disappointed in the Board far considerittg adoption of the item.
He said that the resolution was being introduced only as a �_;;�_`.; ,
"bargaining chip" in the negotiations with the airlines. He
further commented that the staff had not spent suffiaient time j� ,
looking at the needs of General Aviation. He asked that the fees -
for GA be separated from the revenues generated by commercial
carriers. Runge spoke against the increase of fuel flowage fees,
especially when coupled with the proposed landing fees. [on the
other hand, the airlines have been making a strong case for some
time that GA occupies a inordinate amount of airspace as well as �
runway time, without any kind of fair contribution to the
,� overhead of airport operations and improvements.] '
: �
The staff, however, was recommending that a11 cost and profit `-
� centers of the airport be looked at as a whole, and the Board was
� ' in general agreement. Penne acknowledged that there had been an
j understanding that landinq fees would not be imposed during a
� period of several months followinq the recent approval of fuel
� flowaqe fee increases, and therefore she would not vote in favor
'? of the resolution.
�
:,� At 3:2opm, Tom Blake moved first reading approval of Resolution
,� 87-56 to be set for Public Hearing. Bob Child seconded. A vote
�.;� was taken, and the motion failed to pass, with the vote split 2-
2. Colette Penne and Fred Crowley voted against, while Tom Blake
' and Bob Child voted for the motion. [The same motion was voted
� on again, recorded below.J
t The resolution was again the topic of some considerable �
discussion by the Board with further clarifications by Esary. -
The resolution was a complex ane, in part establishinq GA landing
� fees at an equivalent rate as charged to commercial aviation.
� The Board determined during this interchange that the resolution
;r did not simultaneously raise fuel flowage fees, but instead would
involve a substantial reduction in those fees. Esary emphasized
� that the figures were not intended to be final ones, and the
� numbers might well come out more favorably Por GA during the t
hearing and approval process, as the staff continued to seek a `
fair and balanced allocation of costs to the users of the
; airport. Esary also explained that neither landing fees nor fuel sR
� flowage fees will be affected by the resolution until the middle ti�Z ,.
of November. �
� Crowley suggested that the Public Aearing, when scheduZed, be ;�,
' allocated several hours, or as much time as necessary, so the �(�- �"'
� issues aould be f inally resolved. '!,�.�'?`w;..:�
' Fred Crowley e�cpressed his willingness to reconsider and xeverse , �," `
� his vote, in order to put the issue through the hearing process, '� 4"����
�r:�,,. .;.
� BOARD OR COUNTY COMMISSIONERS 13 JUNE 22ND, 1987 �
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and to afford an opportunity for the full Board to vote on it. A
, new vote was called by the Chair. [No reconsideration motion was �
required, as the split vote recorded above is considered a "non-
action" of the Board.]
At 3:4opm, Tom Blake moved first reading approval of Resolution 4.-��.'��
87-56, to be set for Public Hearing 30 days from the following
Thursday, June 26, 198T. i.
After additional discussion, Fred Crowley seconded the motion. A
vote was taken on the motion. The motion passed 3-1, with only
Commissioner Colette Penne voting against the motion this time.
�1 Bob Child, having recently been ill, was tiring at this point '`��
� and asked Colette Penne if he could be excused for the balance of :l.
the afternoon's agenda. The members agreed they could handle the `
rest of the agenda, and Child left the meeting. •
, i
� PUSLIC AEARING: SIINNY PARR NORTIi SIIBDIVISION - L�` 7 - CONTRACT �
e TO SELL REAL PROPERTY BY THS CoDNTY - Ann Bowman - 3•45bm - I
� Motion to approve - AIFMC
Specifics of the contract were discussed. The Public Hearing was
::� opened. There was no one from the public wishing to be heard on
,` the item, and so the hearing was closed. Fred Crowley moved
;:-m approval. Tom Blake secanded. AIFMC
" P2JBLIC HEARING- A RESOLUTION - TEMPORARILY AMENDING ARTICLE 32 k
� OF TfiE PITCO AIRPORT REGULATIONS ESTABLISHING LIMITED CIIRFEW
EXE,'MPTIONS FOR THE SNOWMASS BALIAON FESTIVAL - Ed Thurmond - i
�' Motion to anprove - AIFMC •
; There was no one wishing to be heard on this item during the �
; Public Hearing. Fred Crowley moved approval. Tom Blake
� seconded_ AIFMC
t
,� PITBLIC HEARING: ORDINANCE $87-OR37 - ADTHOR?'ZING TAE S r OF ;
REAL PROPERTY BY THF, COIINTY TO THE ASPEN VALLEY AOSPITAL DISTRICT
-� (AVHDL- Tom Smith, John Eldert - I Motion to anorove - AIFMC �
�.
r.
� Hans Wiik, representing the AVHD, was in attendance, along with �
attorney Jane Ellen Hamilton of Garfield and Hecht. ;t
The County was selling 9.9 acres adjacent to the hospital t�
property to the AVHD, to be used in part for an Assisted Living . .
- Facility, a Senior Actxvities Center, and a Health and Human i �
Services Building. The various contractual obligations and � ;:��.'`�`"
responsibilities of both the County and the AVHD as outlined in �:':`::=_s'-`
' the Ordinance were discnssed in detail. [See ordinance #87-OR37). �' �'`
;.�.�,
1 �:;,'�.#y:-:
S �`. �KL-
fi`::'�
i BOARD OR CODNTY CO2+I�MISSIONERS 14 1IINE 22ISD, 1987 �''�.�:.
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P'red Crowley moved approval with the changes as discussed at the
meeting. Tom Blake seconded - AIFMC
RESOLUTION• ADOPTING TIIKPOTtARY REGULATIONS CIASING ASPEN
1�OONTAIN ROAD TO P[TBLIC TRAFFIC DURING CONSTRUCTION ON THE �•''s"" �
MOIINTAIN BY THE ASPEN SKIING COMPANY (ASC) - Tom Smith - Motion �e.;;;::;;�
to avnrove - AIFMC `�-? '°�
,���;'-
Curt Stewart represented the ASC. He explained that a sewer line -!:%- �
was being installed from the top of the mountain to the base. As ;�
the construction will intersect Aspen Mountain Road at four :{�'`
points, ASC was requesting closure durinq the construction "`�-:. :
period. A four-day closure was the maximum anticipated for any `k::
of the intersections of aonstruction with the road. ASC agreed `<�;:.•``
to post the road at top and bottom with closure information, as -;�� .
well as agreeing to notify County Engineer Bud Eylar of the %;:`.�"� �..
closures. •�;;�`; .
. Tom Blake moved approval. Fred Crowley seconded - AIFMC •
.4
At 4:15pm, Tom Blake moved adjournment of the meeting. Crowley
seconded - AIFMC
Respectful� submitted,
� � �
David Highland
Deputy County Clerk
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BOARD OR COUNTY COMMISSIONER5 15 JVNE 22ND� 1987 !� ���. -
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�e�. � .,ZLa�wfvn, J Ur. �.�W�ly a� .
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.TUne 19, 1987 -
Office of the cierx �E�EIVED 3�� 22 198� !`� ,. _
: Pitkin County Courthouse z
a 506 East Main Street ��.
Aspen, Colorado 81611
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.i Re: Gayla Greqory d/b/a Piccadily Circus 1' `
f••.
� Beei Petmit
-F; g �[earing: .rune 22. 1987 � �
y Deat Clesk:
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aIk is my understanding that the above applicant has requeste8 a M1. .
license to dispense 3.2 beer ftom a tsailer ot waqon to be located along �
c, Redstone Boulevacd. I cannot attend the 0une 22nd meeting since I will be in �
Denvez. I would like to register my opposition to the granting of such a
;� license. j
This proposal stacted off as sort of a popcorn wagon similar to ;
' the oqe in Aspen and now seems to have been converted into somet6inq entirely
� diffecent. I am very concerned about the owner's being able to contain her .
! cuetomers within the designated area. I foresee something that resembles a
carnival rnncession with all of the attendant prablems and debris. The magic
� of Redstone lies in its charm. This would be a step backward and I am opposed.
E Sincerely,
� � �
tef A, Hartiin �
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