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't[]ESOAY. �H 14. 1989
12 nooat JOINP II7NQi MEE1�IG WII4i CPPY oOtR�CTI,- City Camc31 Qsambets .
�rt� �
Joirrt Space Developnent .
Hic�ray 82 IIttry to Aspen ~_
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2:00 PM JOINP�T*�=WtTIIi P&Z - Omnrt3.SSioifel5' Hoald 12oaa aE'::::;-:.
i�nd use oode Revisia�s, clenn Fiorn ����•, ':
4:00 PM E7�7QTPiVE SESSICIII - Cl.t]r OD�IilC�7. QI�IIIbE1S er,••;'
JOit1t Meeting with City Oamcil with EPA �'i� . _
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� 1�IAR l�+EPIIiG AI�II]A �; '
� DSSIIiIGT�i ��
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; 5:30 PM PUBCSC OCi+l�ffl1P �
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T- � I�m DSE RFSQII1TIRi5 � +"''
� 1. Asp�Valley Rarx3� Iow Eaq�act S1�bdivi.si�, Buddy Iucesv
!
; Li42�ID L$S ITFIJS
` 2. Gaffney Special Review for Sepazati� of Substandaxd Iots, Hu�dy Iucem
- (Tabled tmtil 5/9)
3. Wilton Subdivisi� �ca�tioa► far an T�enhe+ant-ial q��qe to a Rewzded
� � Plat, Ellen Sas.sano
� P08LIC HI�iII1�5
4. Pre".'s Catetaker FF3rg�loyee Dwellir�g Unit & 1041 HaZatd Review, Buddy
i . �110Em t�
" S. �e P�setve Gxr�wth Matiaqerent 4twta Syst�n A�meiit. �ddY Zucero
� (Tabled until 4/11)
B12FAK
_ � ItE9�IITrIQ�S At�ID QNII2ACi5 �:
s 6. 2nd Read�n9r S�l�nental RFPA�et Appropriation, Eauce AUel
,� POffiSC F�iR12�S
7. Brush C7eek Special Water District Service Plan, Taa Smith
:� (TabZed until Mairh 28thj A'
� 8. Use Tax Collectio�n Prooedut�s, 2nd Readi�, Debe Nelson i
��
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� PIFASE NUlE: A7�POSLIC�ARB 2D1I�FCl2 5:30 PM. AC1QAi.T�S WIIi.Vl�R1C.
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APPROVFn ar �::,:�-'
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M MAR 28 1989 �""'�r'y>�'•
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MIN[TTES Mtc�r.vu
prmglN COIINTY BOARD OF COIINTY COMMISSIONERS
REGUI,AR MEETING
MARCH 14. 1989
+ �;4;t'�
1�iBEgS pRESENT: Chairman Colette Penne, Commissioners Wayne -:E-��':;?:- �
�;-r:::;.':.:
' Ethridge, Jim True, Herschel Ross and Fred Crowley t._�, ?
� CALL TO ORDER: The meeting was called to order at 5:40 p.m. �f�,,
t' �, -
r PiTBLIC COrIIiENT: Bill Morman commented on an article in last � " "
y week's Daily News about the County Commissioners gettinq ready to F: ,
settle with Tom McCloskey over the Hunter Creek Ftoad issue. He
voiced his opposition to any vacation of the Hunter Creek Road
; which would leave people without vehicular access to the
�y property. 4,� :
Jim Ward expressed his concern with regard to the Hunter Creek •`,(r ` '
� , Road and the access issue. He encouraged new members of the � r�'
.�
Board to stand behind their statements when they were running for
'� election, and protect the access to Hunter Creek Road. He
� �
� questioned whether the no trespassing siqns were still in place
_a on the Hosier land, if they are he questions why they are still �
up there. ,
�� Tom Smith, County Attorney, responded by stating that there are �
'=�
only two ways to get rid of the signs. One is to take them down
� and the other is to get a court order to take them down. He � •
y further stated that the clear message from the Federal District
'� Court was that a temporary restraining order is not going to be ;'
looked upon favorably by the Courts in this situation because it
is such a complex situation, and a judge in a very short hearing, �,
.� could not make a determination necessary to grant this request.
However, the court is not saying that they agree with the
; defendants but is merely a statement by the court that it was to �
i tight of a call td grant a Lemporary restraining order.
� Therefore, he does not think there is anything they can do at
this time to remove the signs.
�� Commissioner Ethridge stated that any decision the Board makes �.
� will be done publicly. �:�
- � Dick Arnold suggested that Commissioners schedule a site visit to �'�
.� the Hunter Creek area so new members could have an opportunity to
see it especially when there is snow on the ground. He asked
� that no public lands be given away until a decision is rendered ;�:�.;:. :
by the Court. �" ' '
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BOARD OF COUNTY CODff+IISSIONERS 1 MARCH 14, 1989 -.;-
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Commissioner Ross stated that new commission members are very
aware of the public's position, they have all had site
inspections, and when there is something new to discuss he would
be very interested in listening to comments on what is up for
discussion.
MINUTES QF FEBRUARY 14. 1989 MEETING - Because Commissioner `Prue .
did not receive a copy of the February 14, 1989 minutes in his �`
packet, these minutes were deferred until the next meeting. '�''� �
RESOLUTION - 6RANTING PMH ZONING FOR EXISTING EMPLOYEE DWELLING F �
M
UNTTS, LOW IMPACT SUBDNISION. PLANNED UNIT DEVELOPMENT. LOT LINE �
ADJQSTMENTS. RESIDENTIAL GROWTS MANAGE1KENT OIIOTA SYSTEM !
�"I.•,�,
EXEMPTIONS, PROPOSED PMH IATS AND GENERAL SDBMiSSION APPROVAL: i
' AND DENIAL OF A I.OT LINS SUBDIVISION. FOR MARY JANE BRDTON P
I ANDERSON - ASPEN VALLEY RANCH - MOTION TO APPROVE - PASSED WITH �j".
THREE YSA AND ONE NAX VOTE FTiTH ONE ABSTENTION - Buddy Lucero, �
representing the Planning office, stated that there are a few
amendments which he would like to make to the resolution. . -
, ;,'.. -
After a discussion ensued regarding the proposed employee lots. �j� ;.'.
It was agreed that the General Submission approval for the !; r'�•:`.
T" j proposed PMH zoning for Parcel B for the five employee lots would
1 be tabled until Detailed Submission.
�
: Herb Klein, representing the applicant, requested that the Board [
; direct the Planning Office to review the application and tell fi
i
them what infarmation they need for these lots. f - _
� Commissioner Ethridge again voiced his conflict of interest with
regard to partiaipating in this discussion or voting on this
i matter. �
� Chairman Penne proceeded to summarize the proposed amendments.
� In paragraph 1 (b) the last sentence shall read "the applicant
shall be entitled to approval of new replacement units consistent
j with the number of verifiable lawful pre-existing units." A
j change in paragraph 3 "the Board defers to Detailed Submission
i the lot line adjustment." In paragraph 4 (f) "the approval of
� for the number of new lots will be determined at Detailed
Submission." In paragraph 7 "the Board hereby tables General !
Submission approval for the PMH rezoning of parcel 5 for five Y
� lots ac�ion to be taken prior to and at the same meeting as
Detailed Submission on the larqer application. �t4.
i �:
i Klein requested that a change be made to paragraph 4 which states
"for the creation of up to 6 lots 4 of which have been approved ,=,�
! through replacement of existing lawful dwelling units..."
� It was agreed that this amendment would be incorporated into the cy :,'=;�';y;
Resolution. =�..�i`' '-�
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� BOARD OF CODNTY COMMISSIONERS 2 MARCH 14, 1989 ` ��`.
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Commissioner Ross moved approval of the Resolution as amended.
Commissioner True seconded, and the motion passed with three yea
votes, one nay vote by Commissioner Crowley, and one abstention
by Commissioner Ethridge.
CAFNEY SEPARATION OF SIIBSTANDARD LOTS - MOTION TO TABL'E - PASSED
UNANIHOIISLY - Buddy Lucero, representing the Planning Office, '�� �
stated that he in receipt of a letter from the applicant Tom `�.��`i��
Gafney's representative, requesting that this application be ^'=-'"` �
tabled until May 9, 1989. The applicant is requesting a new date
because they will be providing additional information to su ort `��'^ �.�,�-
Pp .��;:..',.
their application. �, -.
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Commissioner Crowley moved to table the matter. Commissioner �`"
Ross seconded, and the motion passed unanimausly. '"�~• '.
:,. . .
;t`.��-:-'
WZLTOM SIIBDNISYON EXEMPTION AND MINOR 1041 HAZARD RE`7IEW- .F;.'•
MOTION To APPROVE - PASSED UNI�NIMOIISLY - Ellen Sassano, x'.;ti;� :.
representing the Planning Office, summarized this item by �fr":
stating, that the applicants, Ann and Clifford Wilton are �F�S:;�-�.
requesting a subdivision exemption for the purpose of correcting ; r�.'
;_ an engineering or survey error on a recorded plat. They wish to ,4.'
relocate the building envelope in Lot 4 of the Oh-Be-Joyful
Subdivision as the existing envelope is in the lowest and wettest
i part of the lot. With the exception of the southern end of the
envelope, the entire envelope is dotted with boggy depressions of
i standing water year round. The original envelope was designed to
{ work around constraints such as utility easements and floodplain
which were, through .mapping errors, shown incorrectly on the
{ original subdivision plat. With corrections of easement and
� floodplain locations, it is apparent that the envelope can be
moved up and ouC of the boggier portions of the lot to a slightly
� highei elevation. This change can be made without encroaching on
+ the Snowmass Creek Floodplain or the existing Holy Cross power
line easement. The relocation will have no apparent negative
impact on the site, the vicinity surrounding the site or
resources in the area.
She stated, that staff recommends approval of the application
subject to the recommended conditions of approval with one minor i.
change in Condition No. 5. Sha suggested that the language in
the first sentence state "This resolution shall not be effective
until the Oh-Be-Joyful Aomeowners Association shall,..... <
y.
Commissioner Crowley moved approval of the application. „ `.`
Commissioner Ross seconded, and the motion passed unanimously. �
; RESOLUTION GRANTING 1041 HAZAAD 12EVIEW AND EMPIAYEE DWELLING
IINIT APPROVAL TO TAE DAVID PRE.SS APPLICATIO�I - MOTION TO APPROVE '\ ''>
'� - PASSED IINANTrioIISLY - Buddy Lucero summarized this item by ` _ " _
' stating, that the applicant, David Press, is requesting approval .,,
�s .
; BOARD OF COUNTY COMMISSIONERS 3 MARCH 14, 1989 r �,`;�
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for a 1041 Iiazard Review for Geologic (AValanche), Wildfire
Hazards and Employee Dwelling Unit. The purpose of the request
is to provide additional living space (exceeding 30�) to an
existing residence along with an Employee Dwelling Unit. The
Press residence is located at 0927 Castle Creek Road. The 3,766
square foot existing residence was originally built in 1981. The
house is situated on approximately 34 acres, zoned AF-1 and
located below Castle Creek Road, adjacent to Castle Creek, about
one mile south from State Highway 82.
The Planning and Zoning Commission reviewed the applicant's 1041 ����� -
Hazards at their January 17, 1989 meeting in which they �'`a "
recommended to the Board approval with conditions. �r3
��_
Chairman Penne opened the hearing to public comment. There being "`� .',
none, she closed the public hearing. �^� _
�;,
: Commissioner Crowley moved appraval of the application and ���-: '
directed the Chairman to sign the Resolution. Commissioner Ross j�.'_;..
seconded, and the motion passed unanimously. �,�x�:,'
THE PRESERVE GMQS AMENDMENT - HOTION TO TABLE- PASSED �r �
UNANIMOUSLY- Buddy Lucero stated, that he is in receipt of a � ,
, letter from the applicant's representative requesting tabling of � r•.
this application until April 11, 1989. The applicant is
� requesting a new date because they will be out of town,
; therefore, not able to attend tonight's meeting.
I
. + Chairman Penne opened the public hearing and asked if there were
t any comments from the public. There was none.
iCommissioner Ethridge moved to table the application and continue
the public hearing until April 11, 1989. Commissioner Ross �
�
seconded, and the motion passed unanimously.
j BRQSH CREER VILLAGE WATER SERVICE PLAN - MOTION TO TABLE
� Chairman Penne stated, that this matter was published for
� tonight. However, in the meantime a work session was held with �
regard to this matter and public comment was taken at this time
� the matter will be tabled nntil March 28, 1989.
,� Commissioner Crowley moved to table the matter until March 28,
� 1989. Commissioner True seconded, and the motion passed
.9 unanimously. �:
S
f SIIPPLEMENTAL BUDGET APPROPRIATION RESOLiTPION/BUS REPLACEMENT �
{ PURCHASE - MOTION TO APPROVE - PASSED UNANIMOUSLY - Bruce Abel, �•�
� General Manager for the Roaring Fork Transit Agency, summarized �
� this item by stating, that this Resolution appropriates $575,000 ;�
of the 1988 lease/purchases proceeds to fund the 1989 portion of
; the bus replacement purchase of five new City buses. Funds were
initially appropriated in 1988 and, in fact, some payments have ,`.`ry,�;�� �
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BOARD OF COIINTY COMMISSIONERS 4 MARCH 14, 1989 `°`°'°:�''�s:,
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already been made. The balance of the moneys due will be paid in ����"�4j�'
1989.
Commissioner Ross moved approval of the Resolution. Commissioner
True seconded, and the motion passed unani.mously.
PiTBLIC HEARING - RESOLUTION ESTABLISHING PROCEDIJRES FOR THE
COLLECTION OF THE IISE TAX ON BUILDING MATERIAIS IN PITKIN COUNTY,
COLORADO - MOTION TO APPROVE - PASSED UNANIlSOIISLY - Debe Nelson,
representinq the Planning Office, summarized this item by "
' stating, that since January 1, 1989, Pitkin County has had a 3
' percent use tax on construction and building materials that are � ,
purchased outside of the County. For collection of this tax � _
staff initially suggested a deposit of 3$ times 50� of the
building permit valuation, payable at the time of the permit. E"J.
' This was communicated in a letter to contractors dated December
J ;;. -
29, 1988, and on January 18th staff inet with a few contractors to
discuss their concerns with this method.
On February 3, 1989, staff sent another letter to contractors,
,>i this time outlining three options for payment of the use tax. A
_t meeting was held with several contractors on February 8, and on ;�,. .
i the 14th two proposed procedures were presented to the Board for 7 -
i. ,a' �
,;� first reading. The Board tabled the procedures until February ,•r•.:�
28, however, and instructed staff to continue working with
contractors to resolve their concerns. Staff sent contractors a
letter on February 17, outlining the two payment options and
,:_� inviting them to a meeting with staff on February 22 and the
'i Board meeting on February 28.
�� Tom Oken, Administrative Services Manager, stated that several
;?s�� changes to the Resolution have been made as a result of the
February 28th Board meeting. He proceeded to review the changes
:y� with Commission members. A copy of these changes are made a part
of this record as Exhibit °A".
��a A discussion ensued with regard to scheduling a review to
,yi determine how the procedure is working. Commissioner True
,,,� commented that he would like to see this stated in the
Resolution. It was agreed that a review will be held at year
^!:i end.
';,� Chairman Penne opened the hearinq to public comment.
;-t Bob Gish, Building Inspector, reminded Contractors that the ,
( building department valuation is significantly lower than actual t
�;� building cost, and that the valuation is based on the fee to keep
the building department going. If in fact, the contractors
;� report a higher figures on their use tax return they don't have
� to fear that the building department will be coming back up
additional fees. They will initiate appropriate action to extend -
the licensing process to include items of sprinklers, painting,
�..±
- BOARD OF COIIN'PY COMMISSIOIZERS 5 MXRCH 14, 1989 •'=�:`�.�
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etc. Ae believes this can be done through the Board of Appeals
and the examiners will be charged with that responsibility.
Also, the system has been working well since March 1, and this
has happened despite the fact that they have seen a significant
increase in buildinq permit applications. ,
Jess Graber stated, that on behalf of the Pitkin County
iContractors Association, he would like to thank staff and ;..,�i,."'�,
Cammission members for their work in coming up with a working � •� " �
� lan and the will hel to make the lan work. `- ��'�
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� Commissioner Ross moved approval of the Resolution and set for �, '_
� third reading on March 21, 1989. Commissioner Crowley seconded, ;'.°;;�
� and the motion passed unanimously. _ ; ; ;'
� AA70IJRNMENT: The meeting was adjourned at 7:10 p.m.
-i
i Re ectfully submitted, -
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�i anette Jon , Recording Secretary "�'�';
z, � oard of County Commissioners f ��`. �.
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� HOARD OF COIINTY COMMISSIONERS 6 MARCH 14, 1989 '� �:
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� PITK�N COUNTY '`���'
Public Nearing Exhibits '�`���'`
Date: 3-�`���
Subjact: .Odl.E�I/D�
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Exh.No. �n..-.
PROPOSED CIIANGES TO IISE TAX WLi,ECTION
1. The general contractors will not be responsible for +'�:��- _
collecting the tax on behalf of their subcontractors, provided °�;i'�--•
i the furnish the Finance De artment with a list of the ��'''��`
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subcontractors they utilize. This list must be submitted when
' the building permit is issued and must be updated within thirty
days of hiring additional subcontractors. This change could �; .,�, ,-
` create problems in aases where the general contractor has
;.� collected the tax from the owner and paid the subcontractor, but
the subcontractor fails to file a return and the County files a
S Lien against the improved property. Consequently some general
contractors have indicated that they will take responsibility for
:'j.� their subs. �
2. The deposit option remains a part of the resolution in � �
�, ,.:`� the event the general contractor elects to be responsible for the 4:�'`. '
� subcontractors to avoid possible property liens.
�;•,� 3. Provisions for quarterly payments have been incorporated
in the resolution.
'�� 4. We have also included licensing provisions to facilitate
. •'� colleation of the tax.
'�� 5. The collection fee has been eliminated.
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