HomeMy WebLinkAboutbocc.min.reg.02281989 ;..
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WCH�C SESSIOl�I A@70A- �I�17S HOAiiD IaDClI
i:oo �rt �smarrivE srssza�
oo�uity Manaypx InteYViews
1. Nlark FUller
2. Chuck D�er�es -:
3. Reid Hau�ley ,��5?,
4:25 PM AIITOUIdd s��'r r,;•
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� 4:30 PM JOINl WCl2TC S�SICN 1�II�WLl4�AS'PEN(T1Y�1C►I,- IN GL'ift AALL � :
1. Offioe Space PlanniixY �
2. Aixpoxt Ta�Fee
3. EES�loYee Hwsin9 FluidirxJ Options
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i ��It�)IAR 1�.1�+1G AG@ll]A - IN IJQ'SIRIGT�Qi '
5:30 PM I�7ffiZC�� 1'+'"
i 1. Awani of Fir�ancial Reporting ArlZievenent to Debe Nelsort ��:";
�587�14c�ID�, i
2. Hearitsg or► Pine G2ePe}[Coo]dzo�se Liquor Lioense Re�ewal, Kim Schultz �
I�IDFIQIS 14tID OC�7IRACIS
3. lst Reading at�d Set far Public Hearirg, Use Tax oollection Pnocedures,
,� DPbe Nelsm�t
A)ffiSC AFAR12�
� 4. 5econd Reading, Holy c�oss Eleckric � Ric�►trof-Way E�se�mnt '
� OrdinaT�ce� 7�n S7ni.t11 i .
.� �
1 ����
1 5. Aspen C:�solidated Sanitati� District Sludge Site 5peci.al Review Use
P�eimi.t Resoltition, HUddy IiwPSo
6. Snowmass Water & Sanitation District Slud9e Site Special Review Use
P2Tlnit 1ZeSOluti�i� Huddy Iuoe2v
,.
IAIVD USS P�S
7. Elam Co�ts�tio� Sand & Gsavel Pit Annual Review, �y Ixxaexo
8. Centermial/Ione Pine/l�u�ter Qeek Aiu�n.tia►Ufx3ate ar�d Waiver of f`-�. .
, 7�act RepoLt� rYei4 Ganr►ett ,
ALITWRN '-�
iPIFASE NUPE: ALL FO9T�C f�RII�2�RE tiDFICm ICit 5:30 PM. 1�C1�L T]1�.5 WIIL VARY- : �
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MEETth1G
PZ4RQN COUNTY $O OF CODNTY COMMISSIONERS
REGULAR MEETING
FEBRUARY 28. 1989
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�fEKBERS PRESENT: Chairman Colette Penne, Commissioners Fred ��;c'�" '
Crowley, Herschel Ross, Wayne Ethridge and Jim True f.•.`, '
CAI.L TO ORDSR: Chairman Penne called fihe meeting to order at '
5:35 p.m. �t�
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PUBLIC COI4�4ENT: Representatives of the Roaring Fork Railroad
Association appeared before the Soard to present information on
/� the possible formation of a railroad district which would provide .
commuter rail service to and from Aspen, Basalt, Carbondale and !t.�-.
,� Glenwood Springs and all the communities in-between. E�;,
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BRIISH CRS$R WATER DISTRICT - Chairman Penne stated, that there ��•.
� was a public hearing held on February 22, 1988 which was •
,,� continued to March 14, 1989. However, when it was noticed in the
j paper originally, the people who were at the meeting know that it
was held over to March 24, 1989. If someone missed that meeting
it was also published for tonight. She asked if there was anyone -
;,� in attendance who wished to speak. Ther.e were none.
;,n� AWARD OF FINANCIAL ACfiIEVF.MENT TO DEBE NELSON• Chairman Penne
� presented Debe Nelson, Finance Director, an award for financial
reporting achievement, which is the highest award in financial
.� reporting, and this is the seventh year whiah the County has been
';�` presented with this award.
�;::,
. REAPPOINTMENT OF MEMBER TO CLAN AIR BOARD - Lee Cassin, -
;;� representing the Environmental Health Department, stated, that
,� Alan Adger's appointment to the Clean Air Board has expired and
,.� he has offered to serve another term if the Board would like to
reappoint him. There is also another vacancy due to the '
''� resignation of Marty Stauffer. Therefore, she suggested that
Commission members reappoint Mr. Adger a member for another term
and advertise for an alternate member to fill Mr. Stauffer's
�.,� seat. °
Commissioner Ethridge moved to reappoint Alan Adger to the Clean
:� Air Board. Cemmissioner True seconded, and the motion passed
i unanimausly.
�`�! PINS CREEK COOKHOIISE L•T�UOR T�Sg ��NFy7 MOTION TO APPROVS
a PASSED_DNANIlIOIISLX- Kim Schultz, Deputy Clerk and Recorder, ;""E `
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BOARD OF COUNTY CO2QKISSZONERS 1 FEBRIIARY 28, 1989 � •�
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summarized this item by stating that this is an application for a
renewal of an existing Hotel Restaurant liquor license for the
Pine Creek Cookhouse Restaurant which is located at 11399 Castle
� Creek Road. Normally the Clerk's office handles liquor license
renewa2s without putting it on the BOCC regular meeting agenda.
However, she had received a memorandum from Rick Bossingham, with
the Environmental Health Department, which stated that the Pine
Creek Cookhouse had not complied with his request concerning a "
violation of sanitary rules and regulations. Therefore, in order -
to comp2y with the statute the applicant was then notified of the a�-� �
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situation and told that a hearing before the Board of County ;.�
Commissioners had been scheduled. Since being notified, the ��� � _
applicant has complied with Environmental Health Department ,��'" �
reqnirements and Rick Bossingham now has no problem with the
� County renewing the liquor license.
Chairman Penne opened the hearing to public comment. There being ' • .
none, she closed the hearing. �
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Co�oa�►issioner Ross moved to approve the liquor license for the G�" �"
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Pine Creek Cookhouse. Commissioner True seconded, and the motion �.�_�;
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passed unanimously. ; �:..-:
i CONTIN[IED FIRST RBADING AND SET FOR PUSLIC HEARING - RESOZxTPZON
� ESTABLISHING PROCEIR7RES FOR TIIE COLLECTIdN OF THE USS TAX ON
BIIILDING MATSRIAIS IN PITRIN COIINTY COI,ORADO - MOTION TO APPROVE
; AS AMENDED - This item was first heard and tabled to this date on
Febzuary 14, 1988. Tom Oken, Administrative Services Manager,
1 stated that the resolution presented tonight incorporates staff's �
� revised recommendation of the best procedures for collection of
; the use tax. Although these are the same two payment options
presented two weeks ago, staff recommends that several other
procedures be changed as a result of the most recent meeting with
' contractors. He proceeded to review those changes with
�� Commission members. A copy of the proposed changes are made a
part of this record as. • h;bi MA*_
; Oken stated that he would like to clarify one issue. They were
not only looking to collect the tax from contractors. What is
3 proposed is two options, one being a monthly return. They
� envision that the people filing that monthly return are not just
:; contractors but also all other people in the County that do make
use of building materials.
� 'i
Chairman Penne opened the meeting to public comment. ��
� Jess Graber introduced himself and his colleague Hob Walker, •:��
! representinq the Pitkin County Contractors' Association. He
� stated that he appreciates the work staff has done. The reason
� that the general contractors in the valley formed an organization ,
was because they Pelt there were some inequities being plaaed on F„ :
the tax and they were concerned about the vehic2e that was being � ,
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BOARD OF CODNTY COMMISSIONERS 2 FEBRUARY 28, 1989 .+.'
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used to collect the tax. In researching the matter, they found a
case which has been resolved which was tried twice, once by the
Boulder County Courts and the Supreme Court called Rancho
Colorado versus the City of Broomfield. The courts ruled that by
forcing the qeneral contractor to account for his subcontractors
or anyone else under him to collect tax for them placed undo
�• effort on the part of the contractor and was determined to be -
unconstitutional.
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He further stated, that general contractors do not collect taxes `�
for the County £or a l0� fee or for anybody, that is not their '`�°'`
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job, and the courts agreed with that. `',- -.
Also, the deposit estimations for up-front money was ruled ��� '+.
nnconstitutional by the Boulder Courts and by the Colorado �' -
Supreme Court. He feels by having this fee up-front denies � .
contractors the ability to pull building permits. The fee is r�y' '
ruled unconstitutional therefore, there is esentially law on the �Z-'>.,.
books which prevents them from working. The taxes collected to �'' .
{ this point have been found in a similar case to be illegal and � '
i need to be refunded. It was found in the Broomfield precedent, �c. :'
that penalties and interest were charged on the taxes which were `�'
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collected. At the present in Broomfield, this type of tax is ' r''• `
fI collected on a sales tax type of basis. �
1 �,
He stated, that they are requesting that the Commissioners table
� further action on this matter until they find out what the
j legalities are. Also, they are asking that Commissioners rescind
,� the required deposits on building permits as a use tax because -
+ there are two court cases that have proved it to be illeqal, and
3 it is preventing them from going back to work.
Tim Whitsitt, Assistant County Attorney, stated that he feels
there is a legal argument and total inaccuracies in what was just
i said by Mr. Graber. He further stated, that they have looked at
� the Rancho case, and it did not say that you cannot have the
� contractor oollect the tax. It did not invalidate the tax on
f that basis. It invalidated the tax because it was an up-front
3 fee that was just collected, and left at that. Therefore, that
° was the basis for the ruling. The second inaccuracy stated by
; Mr. Graber is, that part of this tax requires an up-front fee
� from construction contractors fn order to pull a permit. That is
� one option under the tax, that is not a required fee in order to
� pull a permit. The other option is a monthly report. He sees
� nothing that indicates that the proposed method is illegal. F`-
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j Bob Walker stated, that the general contractors feel there is
� enough ambiguity about how this is being done, that they do not 'JS
� Feel that they can participate in the process until the �.
� legalities are straightened out. Therefore, they are asking that
� the matter be tabled until Commissioners have had a chance to �` :,"'
� review the case, and satisfied either the contractors or their R "'';::
i BOARD OF COIINTX COlYIl�IISSIONERS 3 FEBRUARY 28, 1989 e� }
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attorney to show them that the case in Broomfield is not similar
to the one they have in Pitkin County. He further stated that
they are not trying to get out of the tax but they are trying to
' keep it in the bounds which has already been done in other areas.
As general contractors they will not collect a tax.
�� Bob Gish, Buflding Department Director, presented for the record
a 2ist of fees which have been collected through today.
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Lynn Levinson stated, that tax rates in communities from where =-::r;�.-•.
materials are imported could affect the local use tax and that � 3 -
each out-of-county vendor would have to be researched.
�,
A discussion ensued with regard to the interim requirement until �
final adoption of the resolution.
� � ,
�ken stated, that right now a deposit is required based on a
deposit of 3 percent of 50 percent of the builcling valuation, and
! that is subject to a final return at the end to clear it out �
i pendinq whatever final regulations adopted for resolving the '�'
`� amount of the use tax which is actually due. The proposed
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regulations before the Hoard right now would eliminate that 5 �,,.:;
' .� requirement and instead there would be a choice of filinq a month t
•! return with no re irement to r
qu put a deposit down up-front to ,
� receive a building permit or if they want ta avoid having to file
( a report every month a deposit can be put up-front which would be �
half the amount which is currently being collected and then a �
report filed at the end of the project which encompasses the
whole project is lieu of filing a monthly report. �' " -
.1 �
`g Further discussion ensued with regard to adoption of the
' legislation.
i � �
���` Penne asked staf£, (building department and finance department)
if they had any problem with this legislation, (if passed on
=1 first reading) to be the interim option rather than 3 percent of
� 50 percent. ;
� Oken responded by stating that he recommends that this be done. E
� ,
.j Penne addressed the question to the contractors. ':
_�j Walker responded by stating that it is unacceptable. They are ���.
not going to collect the tax, that it is the responsibility of ��
�
each individual to collect the tax. He reiterated that it be �`"'
� administered equitahly, and that they are nat the ones that L',
ultimately get burdened with the responsibility of taking care of
i the tax. �
I Dan Levinson reiterated his objection voiced in the previous
meeting.
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; BOARD OF COIINTY COMNSISSIOtIERS 4 FSBRUARY 28, 1989 x.'
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There were further comments from contractors in the audience
urginq tabling of the matter until further legal research could
be accomplished. They also expressed objection to collecting the
F tax.
�
Further discussion ensued with regard to the matter and how to
determine who the subcontractors are. •
Brooke Peterson, representing some of the general contractors, _
stated that they are not objecting to beinq tax payers what they � `,�
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are objecting to is being tax collectors. He feels that J:�;y=:;-..
subcontractors should be required to file the monthly reports
just like everyone else. He further stated, that the County is .��.� '.' -
.�.•-
required to collect the taxes like sales tax is collected. The �'�
. sales tax requires a monthly report from whomever collects it. �� -
� "
Gish stated, that in order for the County to collect the sales � �
tax they would have to have cooperation from the general
, contractors to supply them a list of their subcontractors. �;�':
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Commissioner Ross moved approval of first reading and set for
ublic hearin the Resolution Establishin Proceduzes for the `�"
P 4 . 4 '; a:,...
- Collection of the Use Tax on Buildinq Materia2s in Pitkin County, � !'�.:
` Colorado as presented by the staff. Commissioner Ethri.dge
i seconded, with an amendmeat to add quarterly or monthly reporting
to Item No. 1. Commissioner Ross accepted the amendment.
� Commissioner Crowley moved to amend the motion to state that a
� listing of people worl�ing on a job will be given by the General
Contractor but the General Contractor does not have to eollect
,: the tax which is the County's responsibility, from the individual
subcontractors. Commissioner True seconded Commissioner
Crowley's amendment, and the motion as amended, passed with three
;
yea and two nay votes.
� Chairman Penne called for a vote on the original motion which was
} to pass the resolutian as presented by staff with the amendment
� to add quarterly or monthly to Item No. 1 and the inclusion of
� Commissioner Crowley's amendment. This motion passed
# unanimously.
1
.} Commissioner Sthridge moved to reconsider the motion to remove
the 10 percent for collection. Commissioner True seconded, and
� the motion passed unanimously. 4�
i Commissioner Ross amended the motion approving the resalution F~
� establishing procedures for the collection of the use tax on •
buxldinq materials in Pitkin County, CoZorado, with the �
amendments that they remove the 10 percent fee Por collection,
that D 1.(c) be chanqed to read the wordinq that was suggested
that a list be supplied by the General Contractors for the ��
Subcontractors and either the monthly or the quarterly report. �
BOARll OF COIINTY COMMISSIONERS 5 FEBRUARY 28, 1989 �" f •
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Commissioner Crowley seconded, and the motion passed unanimously.
Chairman Penne moved that the way that the Resolution had been
passed at first reading qoes into effect as an interim procedure.
, If it is changed at second reading, that will be the final way
that it happens. Commissioner Crovley seconded, and the motion
passed unanimously.
ORDINANCE GRANTING TO TftS HOLY CROSS ELECTRIC ASSOCIATION AN ��
UNDffitGROUND EASSlQ;N'P FOR ELECTRIC POWER LINES AND EQUIPMENT y�{ti��- -_
SERVICING THE PITKIN CODNT7C AIRPORT - MOTION TO APP320VE - PASSED ��r �
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UNANIMOUSLY - Tom Smith, County Attorney, summarized this item by
stating that Holy Cross Electric Association has requested an c��� '.' �
underground right-of-way easement across the Airport for the
under-grounding of electric utilities that occurred on the ``.� _
property several yeazs ago. The paperwork was never completed ��;'
and this item is proposed as a formality to memorialize work �:�;°. '
which has already been completed with the approval of the County, f���:'.;:.;
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Commissioner Crowley moved approval. Commissioner True seconded, ".�ti:`
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and the motion passed unanimously. �f,.�.
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RESOLD'PION GRANTTNG APPROVAL FOR A REVISED SPECIAL IISE PERMIT FOR � C;`
� FIVE YEARS TO THE ASPEN CONSOLIDA473D SANITATION DISTR.iCT AND ';,�
RESOLU'PION GRAN'PTNG APPROVAL FOR A RL�TISED SPECIAI� USE PERMIT FOR � ;;
FIVE YEARS TO THE SNOWMASS WATER AND SANITATION DISTRICT - MOTION
Tc1 APPROVB AS AMEN�ED - PASSED iTNANI140IISLY - Suddy Lucero,
i representing the Planning office, summarized this item by stating
that at the January 20, is89 meeting, staff was directed by the -
Board to draft a resolution £or a Specia2 Use Permit for Five
Years with conditions. The applicants are requesting renewal of
the Special Review Use Permits for five years for the Sludge � �
Disposal sites located on the terrace north of the Roaring River
above the upper Woody Creek Bridqe. The sludge sites have been
in operation since 1974 and were last reviewed by the County in
I 1987. On December 29, 1987, the Board granted the applicant an
extension to address concerns regarding the potential impacts
related to the site operation including odors, site security,
visual impacts and trash stored on-site and also the feasibility
� of alternative treatment methods including agricultural sites.
The resolution addresses those concerns. Staff has w�rked with
the applicants and concerned citizens to try and address all +.
their concerns in the resolution.
The Planning Office recommends that the Board renew the ,y'..
applicants Special Use Permit Resolutions for five years with
conditions for the chairman's signature, ■ �
�
Chairman Penne opened the hearing to public comment.
Tim McFlynn, representing the Moore family, stated that there are
two things he would like to discuss. He reEerYed to his letter _
BCIARD OF' COUNTY COMMISSIONERS 6 FEBRUARY 28, 1989 �,''� ,.y.,,�
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dated February 14, 1989 addressed to Tom Smith and Buddy Lucero.
A copy of this letter is made a part of this record as Exhibit
°S°. He proceeded to review with Commission members the contents
of the referenced letter.
A discussion ensued with regard to the 7-1 odor standard.
Bob Nelson, representing the Environmental Health Department,
stated, that the standard for establishing state odor regulations �. "
was basically a result of pubZic surveys. 7-1 in a residential '�;'`�` -
area was what people normally found that they were sensitive to.
15-1 ratio was found in the industr3al areas. �,-�".�_�'
<;��.,.;.,:_
A discussion ensued with regard to this matter. ���"'-.�
McFlynn requested that if the Board finds from a year from now, �=#�``
that the residents of the area are still noticing an odor -s'�
problem, that the matter can be reviewed, and possibly an ���;.
adjustment made in the standard. •.E;:`-�;
Chairman Penne closed the ublic hearin ��r�?y �
P 4• :rE�-- .:
`8 1.��.
.�_ A discussion ensued by Commission members. r•.
�' ..
Commissioner True asked the Districts what their feelings were �
with regard to an annual review on the odor standard. F '
:,
Bruce Matherly, responded by stating, that the only time they
hear complaints with regard to odor is at the hearings.
With regard to looking at alternative methods, it was agreed that
the District�s and the Environmental Health Department were
cognizant to that.
+ Commi.ssioner Ethridqe moved to approve the both resolutions with
an amendment to the resolutions which states that a fishing
easement extending from five feet above the high water line to
the applicant's property line an the Roaring Fork River be
� provided alonq the entire lenqth of the applicant's property and
be granted to the County upon approval of this resolution.
Within one year the applicant shall provide a plan regardinq the
potentiaZ relocation of the Rio Grande Trail that presentZy ;
crosses the middle of their site. That the applicant shail
report at ttie annual hearinqs, in writing, a report on
alternative methods of compostinq efforts. That the odor i
standard be discussed in the annual review to determine its `
� appropriateness. Commissioner Crowley sewnded, and the motion � �`
passed with four yea and one nay vote by Commissioner True. _�
�_AM CONSTRUCTION SAND AND GRAVEL PIT AND ASPFiALT/HOT MIX
CONCRETE PIANT SPECZAL IISE - ANNUAL REVIEW - MOTZON TO APPROVE- "•, :,
PASSED IINANIMOIISLY - Buddy Lucero, representing the Planning
BOARD OF COIINTY COMMISSIONERS 7 FEBRUARY 28, 1989 `:'.
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Office, summarized this item by stating, that on May 24, 1988,
the Board of County Co�ronissioners approved Resolution 88-47 for a
Special Use Permit for Elam Construction, Sand and Gravel PIt and
Asphalt/Hot Mix Concrete Plant-Special Use. As a condition of
the Permit the County requires an annual hearing to demonstrate
compliance ar non-compliance with the conditions of the permit
and to provide an opportunity for the citizens of Pitkin County
to comment on the sand and gravel operation. � _
j.i.
..;4
Chairman Penne opened the hearing to public comment. `�':;``•! --
' �...;.:._
�r- .:..
Doctor Baxter, a resident of the area, appeared before Commission ',�::..:�
members with regard to his rosd. A copy of his letter addressing �:�'z' .' , ;
this issue is made a part of this recard as Exhibit ^C^. Y ' �
Chairman P"enne closed the public hearing. `
J�; : .
Commissioner Ross moved to approve the continued operation under �'". :
the ten year permit. Commissioner Crowley seconded, and the i:�{;�
motion passed unanimously. �?;�;,;
, �. .
Brooke Peterson, attorney for the applicant, stated that he did ' r�'•`
-,, not feel that a motion is necessary because it is just a •���
+ continuation of a ten year permit already approved.
Chairman Penne commented that she feels that there needs to be a
record made that there was an annual hearing, and that there was
! nothing at the annual hearing that would make the County not want -
to continue along the line of the ten year permit. Commissioner
Ethridge agreed.
Commisioner Ross amended his motion to move to ratify the annual
review. Commissioner True seconded, and the motion passed with
three yea and two nay votes by Commissioners Ethridge and Penne. :�
C�h �iIAL/LONE PTNE/HUNTER CREER ANNEXATION UPDATE AND WAIVER OF
I�I�ACT REPORT - lIOTTON TO APPROVS - PASSED IINANIMOiJSLY - Fred
Gannett, representing the City Attorney's office, summarized this
item as per his dated February 28, 1989. A copy of this memo is
made a part of this record as Exhibit "D'�.
�
� Commissioner Crowley moved approval of the Board of County
Commissioners formally waiving the filinq of an annexation impact �
statement. Commissioner Ross seconded, and the motion passed t--.
unanimously.
�
; AATOIIREiMENT: The meeting was adjourned at 8:30 p.m. �
Res ectfully submitted,
.` "
G� �r
:�t
ARD OF COUNTY COt�IZSSIONERS 8 FEBRIIARY 28, 1989 '� `
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PfTKIN Ct�UNTY �;=��"�`:':��`
Puhlic Heari�a�.;�ii:;t; t��3 k;�
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Date: .=�-��..�
Subject:_.�4.�_/�7-x-..1�TlD�
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PROPOSED GHANGES TO COLLECTZON OF IISE TAX '
::.;+;�: •� .
� 1. 10� of the use tax due should be retained by contractors :. s.�R `
a as a collection fee to compensate them for the additional record- ���r...
keeping required. .'"`=�`
s:�_.,' -
2. Project bid or under contract (in writing) prioz to ;y't'� �
�,��;.
January 1, 1989, should be exempt from use tax. •., :
r
� 3. Use tax returns will not require a detailed listing of �
material purchases, and only an affidavit of the total materials "
' purchased outside of Pitkin County wi11 be required from
1 subcontractors. -
� t.::l
� 4. Certificates of Occupancy should not be withheld to
_�.. enforce payment of the use tax; instead we will file liens ^
-•� against the owner or contractor as necessary to colI.ect the tax. r'',:`'•
j ,
`,:i 5. If a contractor has not paid the use tax within 90 days
� of substantial completion oP a project because of nanpayment by �.
the owner, we will file a lien against the owner (which we can
enforce through foreclosurej. This should encourage the owner to �
' . `' pay the contractor. We wi2l only file liens aqainst contractors '
:;� if they have been paid by the ownar and are refusing to pay the �`
�:� County of are otherwise not cooperating in collection of the tax. �:
6. Auditing records does not appear to be the most � .
efficient method of verifyinq actual tax liability; instead we
;s� will rely more on an estimator and compare our estimate of the
value of materials in a project to the amount reported.
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lAW OFFlCES �,L�,r,'�u�::i:j;.
Timothy McFlynn ������``�`�`'
A PROFESSIONAL GORPORATION
WMEELER SqUARE LAW OFFICES '
31S EAST HYMAN AVENUE 303•925�8166 �
OFCOUNSEL r.o eox I TELEFAX;303•925�I090
RANDALL L GEPtiART ASPEN.COI.ORA00 81611 MES5AGES:303-925-8789
February 14, 1989 g��RD OF 64.��3(��t'R'$
PtTKIN CQ1iNTY �
f'ub(Ic Hearing Exhioits '�';�'`i'' �
pt+ts;. �-�5- 9 t'� .:
Pitkin County Planning & Zoning �. �� g ��-' ,,,_
n�1e� ,� CL
City Hall `�£l2/N�t$- u w ar-�ss 3i�< ; -
a- � ..-.,;.
Pitkin Gounty Attorney �={�*• �0. ��Q�� '�' ; ; ;
Courthouse Plaza � l��s�
Aspen, Colorado 81611 . `
Attention: Buddy Luaero and Tom Smith ���'�'
j . Re: Provosed Resolution - Special Use Permit for Asven and ���� �
Spowmass Sanitation Districts� Siudae Disnosal Site ,�:,, .
.f, � . , �'� '�.:-:c;�
I
BOCC Hearing Date: February 26, 1989 � r��
I Dear Buddy and Tom:
�.......
Pursuant to our telephone conversations today, this letter
� summarizes requested changes which will clarify and improve the
; draft Resolution Granting Appoval For Revised Special Use Permits
,� dated February 14, 1989 which you have circulated. As you will
see, while some of these changes address very minor housekeeping
i details, others are of considerable importance and pertain to '
; risk management of potential public health hazards as we11 as r
� liability to adjacent landowners.
Annual Review
' � At the BOCC hearing on January 10, 19&9, the Board consensus *s
� was that annual review would be warranted, in order to monitor
`.� the continued site-management improvements of the past year, the
success of odor mznimization protocols, and the progress of
� alternative disposal technologies or sites (e.g., composting with
soli.d waste at the County Landfillj. r,.
� The "Review for Compliance" provivion in the draft should be t�`
4 clari£ied as follows:
I ';��
( 1. Is it "the District" or the Permit which must be so -, -
reviewed?
j 2. Paragraph 1(a) needs a comma in line 2, following '� �:•.._�,':
a the word ^Board.^ ;,�k°
� �;�,:..�:.
j 3. Actual Notice to all landowners within at least a :-?:°,:��;;!
'yM'.��.,.
,� "•.:�;:
�
�� CAUFORNtA OFFICE•PApKHURST BUILD�NG.185 VIER AVEMVE.TOWER SUITE SAN7A MONICA G 90a05 2I3•399•9201'
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P9.tkin County Planning & Zoning
Pitkin County Attorney
February 14, 1989 �
Page Two
1 mile radius of the site should be required, since
the Moore family only learned of the last two public
hearings through the newspapers.
;�::�...
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Safety and Monitoring Proaram �?�:��.:.'
Paragraphs 2(a) and 2(b) are almost a verbatim restatement "
� of the identically captioned paraqraph in the original Resolution �. '`
` No. 74-95. Tt is my understanding that the required installation ' �
`-� of shallow and deep test lysimeters and the required testing of
the wells and springs in the azea in fact never occurred "prior �� ' ;
to the commencement of any sludge waste disposal activities at
the site," or subsequent2y, despite the clear mandate of SOCC
�':._` ,
Resolution 74-95.
;,
! Therefore, since groundwater contamination has become one of, � �'
' „`y the. pzimary public health hazards of land application of sludge, ;�,g,*•;�,
.'_� and since any given batch of sludqe could have �dangerous loadings ;; ':
,j of industrial or other toxic wastes (even in the Roaring Fork
,:y
Valley) , we would request:
�a ' 1. Distzict certification annually that shallow and
';:.;:� deep test lysimeters are in place and are operable _
:,� at suitable locatioris on the site.
r:�:��
2. District certification that aZl private wells and
„„� srpings in the vicinity of the site have been
located, tested and determined to contain no
substantial concentration of pathogens, heavy
`�-`'q metals or other toxic substances due to the 15-year
period of sludge disposal on this site.
�.'� 3. Changing Paragraph 2(b} to be mandatory, so that
.,,,� "the County shall monitor each well on a regular
•_,:,� and at least annual basis, reporting the results to
;:.� the owner, the District aad the BOCC, all carried
out at the cost of the District."
�� 4. Further changing Paraqraph 2(b} so that, in the '
..� event that periodic testing reveals that well or �
other ground water contamination has occured, the
?� duty of the District to cease operations and to take �
:j cozrective measures should not arise onlv if such
contamination "shall have been proximately caused -
� by the District's operations." This "proximate = -
cause" trigger for a cessation of operations and �•'
corrective measures is both too high and too legal ;�:�;`'��
a standard. Even though the likelihood of dangerous �_:..
levels of pathogens or more toxic contaminants is �?:;;��s�
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Pitkin County Planning & Zoning
Pitkin County Attorney ;
February 14, I989
Page Three
�'
very low with Class A sludge, the District's duty to
take immediate action should be triggered by the ••-�'i�'.-,
.;.�e:i•..
test results themselves and not a subsequent proximate �
cause conclusion since ublic health risks of toxic ^'`=`'`
� P �'7
contaminants in public or private water supplies
would be involved. 1 e
€�`
' Performance Standards F';c.'` !�
�.,
oDOR: As you know, the proposed new provision is a very � '
significant modification of the absolute prohibition '��.',';:`.',.
i of any sewage sludge odor, discerable beyond the
� property 2ines of the site, which was the original yt::;� .
; PerEormance Standard on odor in Resolution 74-95.
The original total prohibition was based upon f�,
. ; District representations that land disposal of � +�''
,� sludge would be odorless and on the guaranty to " , ,� .
objecting landowners that the entire operation
; would have "no significant adverse impact on the
I adjacent land ownerships or the public" (e.g.,
f users of the Rio Grande trail, etc.) .
'A
,� The new draft Resolution incorpozates the Board�s
willingness to accept and adopt the staff's
� recommended 7:1 odor ratio, even though the i ;
� Board in all candor has no clear understanding s .
of how noxious or objectionable a 7:1 ratio of
the odor of fresh sludge might be, either to
;� adjacent landowners or to users of the Rio Grande
� trail.
� Accordingly, Paragraph 3(a) on odor control should �"'
,� be revised to expressly rese�rve in the Board the
� right to adjust the acceptable odor ratio based
on experience, complaints, etc., at the annual
� review hearings.
� In addition, the Moore family specially reserves <
all legal rights to seek damages, for inverse 5�
} condemnation or otherwise, to the extent that �
� this relaxed odor controi standard reduces the ,�j
� use, enjoyment, marketability and value of their
properties in the vicinity of the site.
� r� ��=`'`�'`�'
� SURFACE RUN-OFF •c;'•`•���:�.:;
� �.:� pi i.'�
The wordin of the second hrase of Para ra h 3 c '""'"'
��;;.::'•,
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� governing surface run-off is unclear, due to the ^�
:3:,=s');`�,:r
comma following the word "locations". �,,��':`
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Pitkin County Planning & Zoning
Pitkin County Attorney
February 14, i989
Page Four
SOIL MONITORING '
As with groundwater testing, the soil monitoring ^''`~'
. :4.:'S::�..
provisions of Paragraph 3(h) must require more � �"` �"
than "reasonable soil monitaring programs" so �'�`
that the Districts in fact test and report at �r7 �
least annuallv to the County on the actual ';�:,'_:':' '
coricentrations of pathogens, microorganisms,
�±d'�"'�`....,�� r'
heavy metaZs, etc., at locations of actual sludge -
disposal on the site during the immediately
preceding year. ,�. '
� '
SLUDGE TRUCK DELIVERIES
1 '
' Nothing presented at the BoCC hearing suggested '
the volume and frequency of permissible sludge . �"`
`` truck deliveries allowed in the draft Resolution. � ��� 1'
a ��.
+ Ten (20) round trip deliveries per day on a
seven day per week schedule £or two Sanitation ��
Districts is literally a potential 14,600 one-
way truck trips per year (10 x 2 x 365 x 2). '
� We would request that this provision be zevised
� ' to�reflect current actual District operations and
Czequirements, so that expansion to such a magni-
tude. of operations only occurs in the context of �
a Distxict request to amend the Permit, i
� ALTERNATIVE TREATMENT METHODS AND SITES
4
3
At the January 10, 1989 BOCC hearing, several
� members of the Board were explicit in insisting
j that the Sanitation District take very seriously
"� their responsibility to continuously explore the
$ availability of alternative sludge treatment and
f disposal technologies, methods and sites.
� This insistence is warranted for three reasans: �
a ��
Ey.
� First, the field of waste management is very ;`;,
rapidly evolving and new economical sludqe :>
? disposal methodologies are coming on 1ine; �
!
� Second, the Board in both the original 1974 -
+t Resolution and the proposed 1989 Resolution t `'�"
{ recognizes that this Special Use will be ,, � ,
j "incompatible with adjacent and proposed "� ;`.
l a n d u s e s" i n t h e Wo o d y C r eek/McLain filats .�•:'�:�;",
' rural residential region; and �`'•,'��et -
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7!r.�};'t,'•.:
t. y�,,ry .
wr�FY:tS..i:��.
Pitkin County Planninq & Zoning
Pitkin County Attorney
February 14, 1989
Page Five ,
Third, the Board recognizes that sludge
like many other materials in the waste
stream is a potential resource if properly
recycled, as the pilot composting project ry��;���5 '"
�..:�i_;;. -
at the Land Fill will be able to demonstrate.
�;;�:{:
f � ,
Therefore, Paragraph 3(n) is wholly inadequate, F
in that it only urges the Districts "to keep ,� _
abreast pf alternative treatment methods and �.�;;:�; , ;'
disposal areas." We would request language �'` . . -
which mandates that each District undertake and f
evaluate both actual pilot programs (such as -��'
composting at the Land Fill, agricultural or �x�' :
go2f course land application sites, etc.) and ��.
: new technoZogies which over time might reduce ,1���� r
' or eliminate the long-term need for the land ���"'
` disposal operations on this site. Each District ��� s,
-r ; should be required to include reports and
t � analyses of such matters in its Annual Report.
: p
� Fishina Easement �
This is an excellent additional provision (since these
a � are terrific flyfishing waters), but some clarification of "to whom��
and "by when" the easement should be granted is needed.
- Conclusion . � �
_ j .
We would be happy to work with staff to fine-tune the
? language on each of the fozegoing suggestions. I wouid close by
reiterating that vezy substantial improvements have been made by
each District during the past year and that• the conscientious
efforts by key County and District personnel to respond to BoCC
concerns are genuinely appreciated by the adjacent landowners.
,' Very sincerely,
�v�
Timothy McFlynn ;�`<. :
� q.:,
r
cc: James E. Moore • •
� Tom Moore .�
Carol and Buz Dopkin `!. •-..
� Tom Newland, County Engineer :
Bob Nelson, County Environmental Health �c ` s ; ;
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� j.STERLINC BAXTER,M.D. `A.�/`"- p►�" �� �};�c.;<•�.:�:.
ASPENMEDICALCEN7ER � .� d '�J . C';' 'u,:.
sox c � �/F ` a�• i,��, y':-''.
ASPEt7,COLOMDO 81612 n�. {y ✓` �y
(303)925�3501 � ��,/1^� (, '�/���yt� ��y � ,
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� January 28, 1986 �,v '�"�" �
�� G� � � . :
Pitkin County Manager ��.4��^
John Eldert � •
Pitkin County �� .� -•��'•`i�: !
Aspen, CO 8i612 ;�a;:::;';."
g`t,�..;,:.
Dear Pitkin County Commissioners: �1-:.�';��-
,:.:
I would like you to reconsider my previous presentation on �" '
the 62 acre multiple use property. There has been some df "I,:��
� further activity as to the sa2e of this property (contract 1.;-'.,. '
offer, $275,000).
I would still like the County to build a fairgrounds/park, �
:� etc. and please keep in mind that it will not only pay for �
itself, but also provide the County with a profit for many �,,,,.
; years.from gravel royalties. i?�•-':
T: � " .
Sincerely,
,u
ry� Q .�� y�`�.`��
� `�J. S. Baxter
-;� Woody Creek Development Company •
' Box C
�=;� Aspen, Colorado 81612
P. S. Dear Mr. Eldert: {
�j F .
�;� If you divide the property with a road, would �
this give us two pieces of property7 Elam has given a•
us a contract containing an offer of $275,000 which �:�
we are going to dicker over. It is not acceptable
in its present state. Please send the copy to Mark �r
Fuller. '
�SB
{ ' BQA1�Pt K Ne00!lN7Y{�'� �. '
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July 5, 1985
Mr. John Eldgrt �
( County Manager � •
! Pitkin County, Colorado -
' � -:};;,_
! Dear Sir: � �.''`i�i-,.
ns.,...
T would like to make a presentation to the County Commissioners - � ��
� I do it in letter form, which I would like to read in person to j ;��._,:, '-
answer what questions I can. This should kee p it short. �r ; ,;
Needless to say, i think Mr. Mollica's appraisal of the site i �
� •:
as a sing 1e fami ly dwe l ling site is not accurate in view of t he �- ��
( other prospects for the property, �j {
=r bj4
� I will have talked with you before I send this letter but just ' ��
wanted you to know what I am doing in written form for the ;�4 �
record. Z think this is an exciting situation. ��f�:�,
-i •
Sincerely, ` "
�� �� ;,. t
"J. Sterling Baxter �`+
JSB:hh
� cc: Mark Fuller h - '
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>... .
' A9PEN MEDICAL CENTER
TELEPHOXE WI�]
ASPEN.CDLORADO 61611
July 5, 1985
-;.�.`,.,.
Presentatfon: �` `�`
�
Woody Creek Development Company, a three way partnership: ��'�
Robert Barhard Estate, J. S. Baxter and Colonel Joel Hartmeister ;:;z%�:'�`
��� f
•.-�:.
I believe I can show you how you can: _��
,
' 1. Solve the gravel pit-crusher-asphalt plant-land fill-access �t
i `�'.• :..
� road problems in Pxtkin County with no cost to the taxpayer and �a ;.
end up with a money making park, County fairgrounds, multiple 1'��
� use property. ��, ` '
� The land is the 62* acres bounded by the railroad right of ' r���'`.
�`'j way - race track property - Elam gravel pit and the oId Roping `!' '
! Club property where Elam has his camper park now. The property was � �
I originally purchased in 1970 to build an employee housing complex
; on 15 acres with the rest as openspace. This was to be done
�, through H.U.D. grant and was approved by the Pitkin County
Comissioners and Planning and Zoning. It was shot down by a
threatened lawsuit.
A litt2e later part of the acreaqe was used by the Aspen Sanitation '
I District for a sludge dump. A firm Lease/PUrchase Contract
was offered but had to be refused again for political reasons.
I Recently five groups have shown interest in the ground, some or
1 all o£ it.
E
1. Robert Means, now sole owner of the Raceways who has a
right of first refusal on my 1/3 interest.
2. Elam operators with whom we dickered over a period of time.
Their purpose was to solve the access road problem, the present
. road belongs to Woody Creek Development Company. In a letter t
- of intent, Elam set forth an estimate that the royalities at ii"
35fi a ton "may exceed $70,000 per annum." An estimate of the � '��
total mineable gravel by Elam at 35C a ton royalty was $916,115.20 '�
over a period of years. We had another set of figures from a
geologist which set the figures considerably� higher but feel that
Elam's figure, while conservative, is the most accurate. -
�
3. Aspen Rod and Gun Club - 20 acres, Lease and Purchase. ..� . �
uz �
� 4�,
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T+J.�..z'�.
J. STERLING QAXTER, M. D. � ap;.w,,
A9PEN MEDICA4 CENTER
�::a�'�:w�•.:_
T[l[PMONE WA S•]9pi
ASPEN,COLORADO 87617 •
I
page two '
4. Trailer Park People, both Woody Creek and Terry Kirk,
Owner of the Lazy Glen. Kirk actually presented a contract.
�
5. Pitkin County is an interested entity. ��•�`� �
��:;",�y" _
A Iist of possible uses: �-'-��:�_i-
�: -
1. Build a new road, solving the current problem whi2.e -'
s y .._
2. mining the qravel while � �
3. building a Pitkin County Fairgrounds/Park campgrouads. �
; ��::. .
� A. Permanent facilities �'
i1. Fairgrounds building and some office space. ��tj''`- :
2. Emp2oyee housing �� � . .
3. Storage facility `,� �,,
.,, " a. commercial-private sector ;:r'•,'.
s b. City-County
B. Equestrian Center �
1. Rodeo grounds - Ropinq Club, Indoor Riding Arena
r 2. Pasture - stable facilities
3. Race track - Pari-mutual betting
4. Other uses could be:
�
A. Three building sites, P.II.D. 20 �
'' B. Modular homes, employee housing
s
e
? The land's position, next to the railroad right o£ way, could be
t made into a terminal for the cross country ski people. There are
" other uses which come to mind but the ones listed here have been
s" checked out and are all plausible.
�' Summary:
= 4 •
� The County can acquire 62± acres of ground which will pay for
itself entizely out of gravel royalities.
t ` .
't._ ;
� It will solve some already existing problems now and some ,
anticipated in the future and provide some needed improvements and
facilities to the County all at no cost to the taxpayers. If �=�
' this is done correctly it could leave the County with a positive '° •
cash flow for many years. ��,`': _
. 4 ,, "t,�:�
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J. STERLIN6 BAXTER, M. D. ��'�"'
• A9PEN ME�ICAL CEH7ER � ,`-���`�
KLEPHONE WA 5-]SO�
ASPEN.COLORA00 87671 � .
page three
There are many alternatives for this property but the present
ownezs would favor sale to the County.
The impact on the area would change very little and indeed would :..�:.,_<
if handl�::d properly improve. •_��•;,.,. -.
f,��.
The financing/price can be very flexible. Each of the three �'��'�«���
' partners have put in the equivalent of $90-100,000 over the
Z5 year ownership, not counting time and effort. Tt is safe ���`��'.
to say that we would like to show a profit. With a conservative � '_�
estimate of $915,11�.20 gravel royalities, I do not see any
valid reason why the partners could not realize a profit and
the County obtain a paying project. It is safe to say we wou2d be
very resistant to a loss.
�� We could take paper of several kinds. 2 think of a contract
'� arrangement Lease/PUrchase revenue-bonds-warrants - I am sure there �,;._
, are other ways. � �'�<;
I would personally like utlimately a 62} fairgrounds - multiple use
park that cost the County nothing to begin with and shows a h
positive cash flow for years to come. `
, I think James Mollica's appraisal of the ground as a �
• single�family dwelling building site is relatively unrealistic. �
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���CONSTRUCTION,INC.
P.O.8ox 13
3000 River Road �
_�' Woody Creek,CO 81656
(303�923-2399
i . ) �"��'-:`
May 8, 1984 `�:.t: -
!. �, (' ,/2-�S.QQ �-� ; _
! � ��
j Mr. Jay Saxter ' ..
323 West Main A,���'�
: . :�3`: �, .
Aspen, CO 81b11 `�'' "`:��
j �
� ��,
� RE: Our meeting of May 7, 1984. ' „�;,' `
i r
'�i
r
Dear Jay: `�i� ;,
� � r,.
l.
1
� In response [o your questions, I have made some rough ca2culations
regarding the value of the gravel on your Woody Creek property. � �
;;
Several factors reduce the gross gravel acreage available on the '
property. They are as follows: 3
1. Colorado Ote power lines take up one-third of �. � •
the total gravel acreage. Nothing appears
mineable to Che West of these lines. LOSS: 15 AC. �.
� �_,
;� 2. Pitkin Coanty requires a 1�0 foot se[back + �
from all property lines for minfng. LOSS: 9 AC.- � '
�
3. From this setback cae are required to tecontour j
at a 2:1 slope. LOSS: 10 AC.±
�Y/;��. Several acres are in the zoad ownezship.
�L���� LOSS: 2 AC.
�i
We therefoze have a total loss of approximately 36 acres. Subtracting �t"
this from the total ptoperty area of 62 acres, we arrive at a useable i �
mining area of 26 acres. Volume calculations sha11 be based on a `,�
mineable depth of 40 Eeet, which currently is the depth at which ` �
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we hit water and shale in our pit. Volume calculations are as ,
�ollows:
Volume = ?6 AC. x 43,560 s4•ft./AC. x 40 ft.
27 cu, ft./cu, yd,
= 1,67�,867 cu. yds.
Volume multiplied by the soil expansion factor(1.2) :'�'�'��'� '
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multiplied by the tonnage cornersion factor of . ,�;,.;,:_
1.3 tons per cubic yard y3elds the tonnage. � '
1,677,867cu. yd. x 120X x 1.3 tn./cu. yd = tonnage ,�s '-.
� = 2,617,472 tons •_';"
y='•: �
Value at $0.35/tn. _ $916,115.20
'�;��
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iThe zeal question in Pttkin County is where you can get a gravel F�� •
permit, not whe[her or not you own gravel. We feel that we can obtain ���
I ��`.�.,:::
< a permit as an amendment [o our existing permit.
. i i 1:.:`.
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The lack of water for your site is a major de[riment for gravel �'
� �4. ; .
production. Significant amounts of water are needed to wash gravel �
1
? and'to continua2ly contain dust around the rock czusher and haulage }.`
� roads. We have excellent water rights from the Vagneur site which
� are available to us.
F
Without water, and given Pitkin Counties growth management limitations,
; we honestly feel that this property has value primarily for absorption
by the neighboring businesses, i.e. Elam construction or the Race-
,a track. We also feel that property values have dec23ned since your
� Iast appraisa2 three years ago.
S
C Civen these constraints, we feel tha[ we have made a fair and reason- •
�
i able offer for your property. �
� tY .
Sincerely, y '
�T``� i�!u/.�_ `�
Hal Clark . �4 � ,y.,�.., ,
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� CITY OF ASP�N
130 south galena street •
aspen, colorado 81611 BOARDOfE8.66t+iPA'�'�
piTKiN COUNT�(
303-925-2020 Publlc Hearing Exh�bits .
Gatn: " "8
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J,
AGENDA ITEM SUMMARY '�j'"`'
Regular Meeting Dated:- Tuesday, Februa�y..28, 1989 ,
��.,., ..
Agenda Item Title: Centennial/Hunter Creek/Lone Pine 1� ,
Annexation �
Staff Responsible: City Attorney's Office, Fred Mr:;,,
.
Gannett
Description of Issue: '
5
This memo is intended as an update of the proposed Centen-
nial/Hunter Creek/Lone Pine annexation process.
In early January, 1989, the City of Aspen received an
annexation election petition for that portion of Pitkin County
commonly referred to as "Centennial/Hunter Creek/Lone Pine" area. �
The petitioners requested that the annexation be effective April {
2, 1989, so as to permit qualified electors to submit nomination i
petitions and vote in the May 2 general election. �
City Council instructed staff to facilitate the annexation
, election pzocess, despite Superfund coacerns in order to enfran-
chise vaters in the Centennial/ Hunter Creek/Lone Pine area.
Consequently, stafE certified the signatures on the annexation
petition as sufficient, referred the matter to City Council for
the holding of a hearing on February 27, 1989 (to determine �
whether or not the petition is in compliance �zith the statutes)
and prepared aZl the necessary documents. StafE anticipates that
Council will, on Febru3ry 27, 1989, following tlie public hearing, .i`�=
forward the annexation election petition to.the Distri�t Court of
Pitkin County for the appointment of an annexation election ���
commission.
' Section 31-12-112, C.R.S., requires the District Court, upon ; :
i
the referral of an annexation election petition, shall appoint 4 +` ;'' '�; .
three election commissioners for the purpose of holding an ,
i annexation electioh. The statutes directs the City to nominate t,� ' _;
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one commissioner, the petitioners' committee to nominate the
second, and the two nominees to aqree on a third. The City has
nominated Ron Mitchell and has accepted, as the petitioners'
committee nominee, Michael Kinsley. Mitchell and Kinsley have
proposed Debbie Ayers as the third commissioner. `
I contacted Judge Litwiller, Chief Judge Eor the Ninth
Judicial District, to fac3.litate the Court's participation in �': '
this process. Judge Litwiller has indicated tha� he will, if '�;�i`,.' �
presented with an annexation petition on Tuesday, February 2S, '
1989, appoint the aforementioned nominees. ,�`�
Enclosed for your review is a copy of the proposed annexa- {���°•;:
tion timetable. As you will note, the timetable is very tight ''•?
and any deviation will most certainly result in a delay in the �
election, scheduled� foz March 24, 1989, and/or_the effective date ` �
of the annexation, tentatively scheduled between March 28 and �'
.I'�<::;,.:
March 31, 1989. ;�:
As the commissioners may remember, in their joint meeting �`
with Council with respect to annexations in general, all parties ;•� ,
` j expressed a willingness and a desire that this pxoposed annexa- ' � �'''
� f ti'?
tion move forward as expeditiously as possible. Further, bath .
� the Council and the Commissioners directed staf£ to prepare a
� pra-annexation agreement with respect to the ownership and
maintenance of public roads and rights-of-way within the proposed
annexation area.
i
� I have �not been able to prepare the proposed annexation �
agreement in time to have both the Commissioners and the Council
; review, edit and execute a pre-annexation agreement. Conse-
� quently, I have inserted a term and condition in the proposed
i resoZution forwaxding the annexation election petition to the
� District Court, requiring the City and the County to execute, if
� necessarv, an agreement on ownership and maintenance of public
� roads and rights-of-way.
� City Council meets on February 27, 1989.I will confirm
i whether the Council continues to deem it necessary to have such a
� road agreement and report Council's direction to the Commis-
sioners at their regularly scheduled meeting on February 28,
t 1989. If necessary, I will work with Tom Smith to prepare the
� agreement.
i Further, the City has not forwarded to .the County a formal !F
1 annexation impact report. Ron Mitchell prepared and submitted to
i both the Council and the Commissioners an general annexation ,�
� report, which addressed the specifios of this annexation and
other annexation. The City respectfully requests that the County �,'�
i *_'ormaJ.2y waive the requirement of a formal annexation impact `
� : � ;.
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report so as to insure that the annexatian progress on its
proposed timetable.
Alternatives•
S^
Please consult with Tom Smith with respect to alternatives,
which may include the following. t:�.�-•�'
�;:
+ti..,< `
Require an pre-annexation aqreement on the issue of owner- ��?'+-
:;,::.�..
ship and maintenance of public roads and rights-of-way and direct
the City and County attorneys to prepare the document as soon as
possible. ��
.:;_
� oppose the term and condition with respect to ownership and � _ F�
^� maintenance of pubZic roads and riqhts-of-way, effectively "
delaying the annexation. (If passed by the voters on the March
24, 1989 election.)
.;;� Require a formal anne�cation impact report, which would delay :
the election by approximately twenty-five days. T '
y
i
Recommended Action: • �'�_,
_ That the Board of County Commissioners formally waive the `.' .
';'•r Piling of a annexation impact statement and, if necessary, direct
staff to draft a road ownership and maintenance agreement. %
�;;
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SUGGESTED ANNEXATION TTMETABLE
January 23, 1989: Resolution finding petition in substantial
compliance with 31-12-107, C.R.s.; and
setting public hearing for February z7, 1989.
' ';it�,,;::
� February 27, 1989: Public hearing on whether condition set forth ��^<�.�
� in 31-12-104 and 31-12-105 C.R.S, have been �
� met. Remand to Pitkin County District Court. = ��;~
.,�� �
Fehruary 28, 1989: District Court Judge signs order creating �
Election Commissioners. Election Commission r
J orders ballot published in Aspen Times for �` '
� four oonsecutive weeks aommencing March 2,
� 1989, following by notices published on
'' March 9, 16 and 23.
� March 24, ].989: Election �o be held Fziday March 24, 1989, at �?-�.' �
`�> _? the Community Center.
_:,;, . ;�•+;
a::, March 27, 1898: EZection Commissioner certify results to �': �
Aistrict Court.
�" March 27 -
March 31, 1989: Council holds two special meetings and passes
• emergency ordinance annexing proposed area;
�� publication of or8inance to Eollowing within
�'� then days or as soon as practicable.
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