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Home My WebLink Aboutbocc.min.reg.08291989 -��_ _ ,� _ - ,.. .._ _ .•4 1 . . .. ..- . . ' r:!j.fi ��F�I' �'1y},�y�$,Q! ��a1 ' i�. �e�`�,1C Y��' .'. '� �# ;+`y,�{��'� '�� ,�., � ` � �o��: 1 �.- � {�, j /5 �i¢ v��±r� r,�Y�� ..r y�� a �.+ � � ^�e.'FT-��.".w7.v�•�d..��.�ka�Ab.7-��r,5_ ��'. .:.ys. .:�.�w. . . . _. . �°'',�€�:'�. � p1IICgi 00@TPY O�lff�I[NEILS I�GOIIlit��1lC� �_ �- F-•- �."'`: TASP[tIQ'Q�[i�Qi , �_. RUE�y AIIQIST 29, 7989 - � 5:30 Pli Pf7BGIC G�Q�3T1 � ,i --:: i �� . I'';♦� 1. RFTA$ud4et R�sOluti�, Bruce Abel 2. Castle CreP.lc 4'errace Ar�nissions Ca�aaittee, Reid Hauc�ey i�;=:;; IA2�i1SE I'iE2�S 4 ' � 3. Mooze 7t�t Line Adjusbnent, Ellen Sassano , . ;.::�� 4. Iaff Isst Line PdjtLStmP�nt, F11en Sassano :,'::;.: ;_y__� A7BCSC f�iRIl� 5. td�ite Appeal of Plannirx! and Zoni»� r�m,;��ion Denial, Cindy Houben -"�' White Genpsal S�nission, Cindy Hauben :�t;�7 :'Y,� 6. Hic�lards Invesbre.nts General SUksaission, BuddY Iucero M�;:� � , ''u ,� RIffiSC HFARING 7. 2nci ReadiixJ� Resolution to Adopt AizP°rt Master Plan, ffiad Christopher x<-' '�1: I2�SOIi7PIf7�1S AND Q�Ji42I�CL5 ',�.° 8. Resolution in S�port of �ence Pass Road Qits Fteclamation, Reid HaugheY 9. Fisst Readin9 and Set far Public HeariuxJ Itesoluti.on on Private Iarxis �,�,�f Policy for Develqanent Within a�i Ad7acent to National Forest, � Reid Haughey i 10. Jail Gez�erator Contract, Bud Eylar, Lyn Bl�zs '�"" 11. Owl Cree,k Bike Path Construction, Bud Eylar � ��i� �j�, J*_Y-' 12. Elam Construction Contraot for 1989 FAA Aispo � Bud�,Ylar, Brad Christo�er �__� x . AL170t1I2AT � t '�`� pZF�SE tA7173: P,ii,AIffi.IC� ARE NOI�Ck�Er&t 5:30 PM. ACi[TAL TIl�S WSLL�7A121C. >;;;:t:. �._,� :..f�;'. !�S' � �a.�' lt�A�', .;,-� . ��, i<;1 t 1i r"'_YL: ��.{.. l t#�ict� .,.:,:- ..::i:;.. .�;;:i' � :�.`:' .�..�. ' :.�;:.._ �:..:.-, ' -- . . . _ ' F-S • F �. . . . . . . .. . . . .. fl-: . ��:v' •4�3,^�'. ' v�Y. � �-:: - w ,2: -`=�� . � -�;; � .. �.:r.9i1.__;[- � � , :"S�:-' � ..'i�'�..t. � . - . � ' . ~�'�'c,r �`'F�'—h..'��YN��-L � , . `.+�j-(:we:�i{�;:�'; . ._ :�.'�Y:r�. _�`�,e��: , . 'i y�',+ . . . . ��'�� r� `a,. �z.';' , ._... .�,wu�nrax.++as....�o--�r.N.._:;.v �,+..;..,+,i . . ..... . .. .. � ., . .,. ... , .. _ . .. , . ..... �ri ��Ui?�c?tir . . � .� C ..�.µ J{ �� 4�'v}i�,�j��'k ��'Z .�.°! �``� ro ,....��s�sa�;.:+'�'i�'it�A��Ji�T,��w�"��.t]. . _ .. .'�ni�``�.�'ais�1�� tiT:4�?U,.r _ . , � 3�ti�j� _ ��.' . k,,..;..:. ' • APPROVEO AT SEP 12 1989 MZNi1TES AEEE7tNG PTTICIN COIINTY BOARD OF COUNTY COMMISSIONEI2S REGIILAR MEETING F.- AIIGIIST 29. 1989 i�;:' ('. � : - MEMHERS PRESENT: Chairman Colette Penne, Commissioners Wayne ; Ethridge, Herschel Ross, Jim True and Fred Crowley ::,` t = ! CALL TO oRDER: The meeting was called to order at 5:35 p.m. �> k";. PUBLIC Cot+aSENT: A concerned citizen appeared before the Board to °= :'_'� „ comment on the trash conditions on Highway 82. He reguested the €i County's cooperation in trying to eliminate the trash. � �?s..t Staff was instructed to look into the matter. Hans Gramiger appeared before the Board to request Commission ;=-'� members approval of acceptance of a portion of land on South 7th �,.:� street which is being offered by himself and three other property „� owners in that area. The purpose o£ this dedication is to widen the street to a 35 foot width (20 foot vehicular and 15 feet ;'�a1 pedestrian/bicycle} to accommodate pedestrians and bikers using °i the street. �:;'.� ' xe proceeded to give Commission members and update on what has transpired since the last time this matter was discussed in a `''� work session which included an appearance before the Aspen City °x�� Council to apprise them of the proposed dedication. :.;_;� Reid Haughey commented, that at the work session where this matter was discussed, a decision was made by the Board to support '�?::� the staff recommendation to proceed to make safety improvements �;,'i� to South 7th Street. Based on that decision, Mr. Gramiger withdrew his offer of the land since the County was not going to `,�� build a trail from South 7th Street to the pedestrian bike trail that accesses the Marolt Bridge. Subsequent to that, Mr. ' °.�'�a Gramiger went to the City Council and it is his understanding, :;�� based on the minutes from that meeting, that they supported the County's action of making safety improvements to South 7th Street ;,� within the existing right-of-way. If Mr. Gramiger's offer for � � the land is still on the table for making the safety improvements -! he would zecommend accepting it. � �; . •: : j Bud Eylar, County Engineer, stated, that if the land is donated i; ! strictly as right-of-way, and then have the County determine what goes in there that would be acceptable. �� :': =:� , � ;f`�" BOARD OF COUNTY COMMISSIONERS 1 AUGUST 29, 1989 ` }. ��-''_ ?"�.i �, �,�j .�.u�; , .,: .. - .�,./ � . , , - - - . _ .�31� . . ... . ' , ' ?e"q ' _ � . .fi'di:r ' . ','`:Yi :'•'-'5�,:�;;'".'^,t.� , �,:,'d;'rrp';�.:;`;:�;:::- :)'.'- ..�":-V-`C_��` . . ::��ti tl �):S}M�s 4 n . ,� `�� ,� '�► �.i:?.£` ___-- -. �� ; .. _. , .... . . .. ..... . .. . Y�,i•�.:. � . M �� {� bn��✓� i t #' ) ,� +t �{ 'F y� �� ,� �qi F � . � �d�.r 'y'��}�}��`y'�� i�,ti 7sF��`�i'-� ;�s1y �f�`�.��, �j �Jv��7� ��['� , .i�'. aiY Y 4�5 � :r+'yw�,r �'�T m T tl�i�tr +� . . ��:�6.�.��,. ,k��:.!M�d��L�.�+.�'.�f:£AM1Y-:ao7;��.�':�1.»tS �?�+� �2S s�:�re� �'�' �,b��S�'j�.r Ft 11 4 P " ., �L ;'�Srtt Vc�i�a...)n.'�t'=x�oc�...-.::e� �1.'Y�.'�l�`�dds�...`k.uFSsi�,. Tom Smith, County Attorney, stated, that you cannot accept land without identi£yinq what it is. Therefore, a decision has to be made as to how wide of an easement is being aooepted. Staff's recommendation was that the 35 feet, which is being offered, �`,.� , which is specifiaally being offered for the purpose of pedestrian �. and bike trails is neither necessary or appropriate to da the �'�" " safety improvements. Therefore, staff's recommendation continues ��::�.` to be to do the safety improvements. Also, no representative a� � - from the County was present at the City Council meeting to discuss with them staff's view of what had transpired in front of the Board at a work session. He has reviewed those minutes and ;� he agrees with the county manager as to what the C3ty was decided, which was to support the County in what had been decided ;, at that work session. c•' .:� � ., Mr. Gramiger was advised that the County�s position is still the �- , - same which would be not to accept a right-of-way with strings '` attached. If he is willing to dedicate the right-of-way so that Y- . � safety improvements can be accomplished based on the county engineer's determination of what those are then the Board can work with him but if it has to be tied to a specific trail, etc. "�f then the land cannot be accepted because then the County qets in ;.,3 the position of having someone dictate how the right-of-way gets -� used. ''✓� CONSENT AGENDA <:�=� `'��`.� RESOLUTION APPROPRIATING SUMS OF MONEY FOR THE ROARiNG F(3RK ' TRANSIT AGENCY 1989 BIIDGET YF,AR - Bruce Abel, General Manager of ,�,� RF'TA, summarized this item by stating, that the purpose of this - request is to acquire two more vans for the van pool program, for a total of four new vans in 1989. They coatinue to receive y� requests for additional van pooZs and accordingly, need to ;>-;� require additional rolling stock ;'.� In addition, the requested budget change under administrative -,� salaries reflects the creation of a position for a _ ,;� marketinq/planning director as approved by the RFTA Board. .:';:� Sruce Abel, introduced Dan Blakenship the new General Manager for ;; � RFTA. Also, he thanked Commission members for their support in 'i the past. 1 � RESOLUTION - RATTFYING THE CO?¢St7NIT}[ REpRESEN'PATIVES TO SHRVE ON � THE ADMISSTONS COMMITTEE FOR 4'HE ASSISTED LYVING FACILITY - Thi.s i matter was a request from the Aspen Valley Hosgital District � � Board of Directors to ratify the community representation needed � to serve on the committee which will evaluate appliaants for a@mission to the Assisted Living Facility named Castle Creek `� ' Terrace as dafined in Resolution No. 87-121. ' �z1� i +'�<. , The committee hereinafter will be referred to as the "Admissions _ 1�;�:. :� t, ? j BOAItD OF COUNTY COMMTSSIONERS 2 AUGUST 29, 1989 _ '^` �„ '�, ;� f ,� F. ,,� �.. . , v` . : . ... . , . _ . `*;.:., � x j:_:�;;}� , �, ' .�:ya�`,'i•. � . 'a'i:';Y'.c:. �, ;� ..;:.�:` � . . ..:,.u,....� ....,,.. ..�,�..-.a. .,�M,-,.->.�n.�»�-w��,.,�,�,.:.... ..... . ... � < .. �h. ' . '��1 ' "/ N ri �, YA y��.. 1 A �,y;'� t'1�� °�zt;��''��a�y�+d„'� �� .��°�r� �'. .,r �� _�.t��yr'yt��,�7�'rt��ii�..S�'��{+,r'.�-{.t;�;•t �...�,".r.�_S -Y�,. ��.�'-.-��'`Y"r�„��t,��`-1�4 �h��',`�">4`� i��jt ��.��w S. ... ' �::,ca ��'.��'��.�t��GiS��`�.'��.+�'"t ,.3.'�'yE�''`ti.;��'Y.i��. .... _ .. . .�' ��;� �rc,�:.�'.wp',:s,a�., Committee" and wi11 be comprised of the following individuals upon approval of the Board of County Commissioners. Harold Whitcomb, M.D. + " Vickie P. Knox, Director of Senior Housing options Kathy Gibbard, R.N., Discharge Planner and Swing Sed Coordinator for Aspen Valley Hospital i?; Marty Ames, Pitkin County Senior Services Coordinator Mike Schultz, Pitkin County Social Services Coordinator A senior representative-at-large- to be appointed within the near future MINUTES OF NLY 25 AND AUG[75T 8. 1989 =" ; �i . •;�•.'.� � Y. . Commissioner Ethridge moved approval of the Consent Agenda items. -..,a Commissioner True seconded, and the motion passed unanimously. S� ;•:i LEFF LOT LINE ADJIISTlfENP - MOTION TO TABLB - PASSED UNANIMOUSLY- �=�'.� Ellen Sassano, representing the Planning Of£ice, summarized this -; item by stating, that this case was reviewed before the Board on `� August 8, 1989. It was continued in order to give the �;:_*� app2icants, Perry B. Leff and Abby Lane, ample time to respond to -r:'� the Staff and Board's request for a fisherman's easement on ::, ; Castle creek as it passes through the applicant's property. �;;''� The applicant's representative has since submitted a Ietter to the Planning office requesting that the rec�uirement of a fishing easement be withdrawn. The request is based on the premise that the Leff case is similar to the Nollan Case which took place in Cal.ifornia. In the Nollan case, approval of an applicant's , request for a permit to replace a small bungalow on their beachEront Iot with a 2arger house was conditioned upon their '=`�="� Supreme Court made a decision in favor of the applicant, who � ;,�.�r chose not to grant a public easement across their beach. The decision was based on the opinion that "extractions should be similar in kind to the impacts caused by whatever the development `,~-'.'� is". •,-;,,., �;.:�:� Section 4-2.2(cj oP the Land Use Code stipulates that the -i Commissioners may grant a lot line adjustment based on the condition that a trail dedication or easement be made. The easement is considered to be in lieu o£ the more stringent �� requirements in terms of dedication which would have applied to � the property if the property had not been exempted from the � normal subdivision process. f ; ' � Based on that Section of the Code, staff has consistently p i !.•,.,,: � requested fishermen's easements of ather subdivision exemption y>-.=. applicants. Regardless of the size of the area being discussed � ,�"� ,1 in the subdivision request, the applicant is still requesting �° ; exemption £rom the subdivision process and as such, is subject to �:;��s= :+ �;r ". : BOARD OP COUNTY COMMISSIONERS 3 ABGIIST 29, 1989 � �*: .�. `� :-:::3 ";;;,� ��'. - •• - i°�r��z�`;- . .i d'; ( .;�g_ .,Y _- '...il'�. - . .•�lY_:�'�.�:t.:�:.•"�' �.F�... _•!C''�`1.�� '. �x?n._ w . `�'`r:_ � �' ��;: _ . . _, . ... . t� '+ �y,s i { Kq �'?�,` v',`Y'�t�q4�y,p��'` � �,i� q��l'i r . . ' . � r � `_, �... , � . . � .� � r �.��"1�d�S'.°��N.'F K� .��W a+ �J J �y��: � �t �y�� i,��y , ," r.. � ,. _n��'��p �; "r�t:.'3a.�.��T.t��y�''_7�.�yr:3��'{�ylf�'�r:�?a.j,� :x..��'�$�.�. ..�t�,t�... - � �i. ,s�'". -d' !t, .�"_.§+ . the request for the easement. She further stated, that in the Leff case, there is a substantiaZ � topography between the building site and the creek. The creek is - well below the building site. It is staff's opinion that an �'..,.��- easement through the oreek for fishing will cause relativel "'t' y ��ri:i::.'.• little disturbance to the privacy of the land owners, given the �.°j •?"'-: proximity of the house ta the creek. �� -- r, .. Ron Austin, representing the applicant, appeared before the Board to request that they consider the facts of the United States � Supreme Court No1Zan Case which he copied Commission members on `1 earlier in the week. He proceeded to review with The Board this ' case. He stated, that he feels it is clearly distinguishable � from the situation where development is taking place or other �' - .i types of development that cause an impact upon the community. { =: He requested, that the Board withdraw the requirement of a ;r-,.':;, � fishing easement from approval of the lot line adjustment ,.., exemption from subdivision. :u A discussion ensued with regard to this matter. � Commissioner Ethridqe asked Mr. Austin if his client would be � ,� willing to dedicate a bank to bank easement. Mr. Austin responded by stating, that they would no� be willing �'s� to do so at this time. s Commissioner Ethridge stated, that based on that answer he wauld ` � move to deny the Leff lot line adjustment based in part om t,he J� failure of compliance with Section 4-2.2 (c) of the Tand IIse Code � and he wou2d anticipate the resolution coming fron staff to deal ,;; with the failures to meet the criteria of the lot 13.ne '� adjustment. Commissioner Ross seconded the motion. . . Mr. Austin requested that the matter be tabled if the vote i.s to � reject the application. �•. r � Further discussion ensued. 1 ; It was the consensus of Commission members, that there needs to � l> r� be consistency with asking for fishermen's easements, that they ;`� cannot review them on a case by case basis because that would be �3 going against the Land Use Code. � Mr. Austin stated, that the Nollan case which controls this says '�� "rule on a case by case basis." " i Commissioner Ethridge moved to table the motion on the floor to �' s,s.± october 9, 1989. Commissioner Ross seconded, and the motion ��`: : passed unanimously. ,�...<� .:;. 1 BOARD OF COUNTY COMMISSIONERS 4 AUGUST 29, 1989 �;�t =� 3 - �R. � ' .F . Y."i � .. . . . .._.....—._._ . ;j . . . . ., . , . . . . :S:":� -- _ . _ � _y�' - :_.h,:.;., :.y4�'} _ ' . i.`�.� ::3Y.�K'Y�� . �,....a. , i.r '•Yl.c•.: w . -.4li�:�.. �'�•'S��,•�'C• � � ' . . ��'" = -- ,_. _ . . . . .._ ' �, ,- . ` . . .. . M�.i .\ i 'A. )h�V y� �S �: r�� f C A.��, �:��/,��Xy.��.u� � �y�Qj7y�(I �`�FS it�;•� . � .•7,i f} �1k. �' {- . � f��t�� l� 11V y+ �� 1`}'*•'fp��l , � .�..�'�e.•'�r��.`��..:�`�'��'��Y}'�,�'��'' �d� •� �"��..�'+.,��_'�`�`_�.` '�+P�vs' '"�*��'�_� � `,'! ;^ �t.�1tlr:t� :ltr e,.wte.T �,�E: t If. ":S`` �'3'i°�' ... MOORE IAT LINE AA7USTMENT/MINOR HAZARD REVIEW - MO'PION TO APPR0�1E - PASSED uNANIMOUSLY- Ellen Sassano, representing the Planning . Office, summarized this item by stating, that this case was . reviewed before the Board on August 9, 1989. It was continued in - order to give the applicant, Thomas A. Moore, et.al., time to � •��:�� respond to the staff and the Board's request for a fisherman's �`��'`` ' easement on the Roaring Fork River as it passes through James Moore's property. The applicant has agreed to grant the easement. `�` `. � ,� Tim McFlynn, attorney for the applicant, stated, that with regard to the Leff and the Moore�s applications the Board has an ' obligation and an opportunity to have a policy on f3shing , easements as exactions in the land use process that attempts to �'. � make a record o£ individual treatment of each application. i_ • � � With regard to their application, they have a major fishinq area � ;, i which is the Roarinq Fork River abave a County park where people :r'•,`, =d park to fish. Therefore, it is a very different river, it is in .� a steep canyon 500 feet below the developable property in the F £uture which is very different than the Leff case in his view, � and there are other differences. Therefore, he would urge Commission members to recognize that the key to fishing easements - . or exactions generally is the nexus between the impact of the _ � request and the exaction, and there is no nexus at all between =::� exacting a fishing easement on the Moore property at this time �"°, but it is a lot line adjustment a mile away. He feels that the -� time to do that is at the time of subdivision approval on the � ranch as a whole. However, because of the practical reality of ` having to accept the exaction in order to proceed they are not '� protesting it but he feels there is a larger point in the process '�'' which is that the Boazd needs to individualize their exaction to =:� the impact created by the land use approval. '� He requested, that the resolution be written to give the � ,� applicant's, the Moore family, credit for the easement in any • subsequent land use application. Also, that it be specifically referenced in the resolution the statutory limitation on i ;_:a' liability or immunity provisions of statutes which are 2988 > amendments to Colorado Law that help governing bodies get ; recreational easements from landowners, and the third request he ; would like to make is that the Board consider adding people who grant fishing easements to the County's insurance because of the � fact that what is really happening is that the County is the recipient of public trails when the approval is not bank to bank. dz.:'::. � ! Tom Smith, County Attorney, stated, that the first two requests � are not a problem. With regard to the third, there are : � limitations by State Constitution on local governments or any i other political subdivisions the ability to indemnify for a third = *�-'� •� party's loss. However, they have handled that in the past by .„.` �_' i�'�`''f' � BOAl2D OF COUNTY COMMISSIONERS 5 AUGUST 29, 1989 y 'r,• �� ' r� , � �T ?1 S �b� `'�7. . �.. .. ` . .'"'.>y,a..w"'- . ��. .. . . . .. � � . - . "��. . ( .. :'.?.' � . ":''L- _ ' _ :�. Y;� _ :.`;n�' . , ` ' � � � ��,� _ " . . ., . _ i�� 'r�,,,�t ti�' Sz��m �s '� y'Y: �r3� s � � ��; '-�t, as'#' h�, tr d.. �� t� �'� �a t t �: . y "�y� ��,.�'.�r•- y ��.,�� t .� } x � � � . �� i�.rs �� .tf� �i�;y�'yr�,�� j�'l(r(��.!�(��y6£��, � �{' '�^�'.�y'�C+-�5 f�� '.' 'a?.r,��t;^�1r'�...��,(fg�{�.t ,�`�I�;Y, ' ?Y+`�.�.a.��' .��.aG.�i��t�'t�i`l�'l�li�*��.K(:�.1"�4:,'t�°��s�.Y. ..:��#, � ��..:n... . ��'.J7+.'�i�.�k3idf,��.°.��. �a kA�f- ra:. agreeing to provide a certificate of co-insurance to property owners who provide the County with public easements. The primary protection is the second item referred to which is State Statute that in effect extends governmental immunity to private owners � who dedicate recreational easements or other interest in land. " _ Therefore, with that understanding he does not have any problem �;ij',.: with Mr. Flynn's recommendations. In otherwords, with regard to %� the third request with the extent that you may make the landowner £� ; a co-insured or otherwise protect them against injuries to third parties who are no tonger trespassers but who are fishing there with the sanction of the County, that is acceptable and is - ,� standard procedure. � ; Jim Curtis, representing the applicant, stated that in the application they requested the flexibility for the subsequent � purchaser for the subject lot to be able to apply for an attached � ;� accessory employee dwelling unit under the Land Use Code. He �;. } requested that this be specifically inaluded in the language of r;,;, � the resolution. i .� E21en Sassano stated, that the reason she did not address it is because if the lot line adjustment is approved the lot will be a ' conforming a lot, and as a conforming lot at this point, they can " have an attached employee unit. � ,g Commissioner Ross moved to direct staff to prepare a resolution 1M1'.� approving the Moore Lot Line Adjustment Minor/Hazard Reviev for the Chairman's signature subject to the conditions frrna the `; Planning Office and acceptable to the County Attorney and the '� first two suggestions from the applicant. With regard to the third suggestion to the extent that we can comply. Commissioner ,';'^e Ethridge seconded, and the motion passed unanimously. PUBLIC HEARING - WHITE APPEAL OF PLANNING AND ZONING COI�MISSION :;� DENTAL - WHITE GENERAL SIIBISTSSION APPROVAL - MOTION TO TABLE^ � � � PASSED IINANIMOUSLY - Ellen Sassano, representing the Planning Offiae, stated, that due to the fact that Cindy Houben, staff person who has worked on this application, is currently �; hospitalized, the Planning Department requests that this public hearing item be tabled and that the public hearing be continued .� to the September 26, 1989 meeting. The applicant has been 5'� notified and is in agreement. s� i Commissioner Ross moved to table the matter and to continue the �:� j public hearing to September 26, 1989. Co�issioner True � seconded, and the motion passed unanimously. ; � HIGHLANDS ZNI7ESTMENTS GENERAL SIIBtSSISSION - ?IOTION TO APPItOVE- II I • � PASSED UNANIMOUSLY - Buddy Lucero, representing the Planning ^-? ' � �,'�, . Office, summarized this item by stating, that the applicant is �; ; ' requesting General Submission approval for a single-family ��,�` residence to be cottstructed on a metes and bounds parcel, j �t . �;-�.,,, � BOARD OF COUNTY COMMISSIONET2S 6 AUGUST 29, 1989 �i�•, i � �' a � ,3f�t�"�,u� ' ' -'.'`---°==- :i:� � ' _ � <4'.' . .yt'�7'� « . .,T..�._ � � . �� . , _. _.__ ` � ! ' � � 4 �r �`SfY."�'� s� ��r � ��} f�}-1s r Yj. a� a. � ' A � { :� '�t,y��;��'�"r�y r;, t��;'. �� } '�f� `T�' }R .��'�` � jY6 '�}�A }i'� r . lW.� �t� 'r�"VY�'`c� 1 +71,�u-,A,as,�'i�� .rf t� � ��r'' '� �5s�'��'4 � �`.'4`�.I'�{yP�b��}��!`'�t�n�' +� aFf3y�ft �+^��i:,tr i�1 ,�� ri�'� �.y,,.: �'N�'�t-1��}��i4��}�..� f � - � ''M �!%ACC��'3-:��c�.Z"�..,�. ��y��•b'�.�"ft� r ':f-�,._ ZS_+�,.�,-Ir.'l�tYerHin�-..r_ ,r.t+ �-„, :e..:.as'..,d�l}'. ..<- .. . .. pursuant ta Section 18-2 of the Land Use Code. The Board has expressed concern reqarding development on a metes and bounds parcel in Pitkin County when such lands are exempt from GMP _ requirements and/or subdivision regulations. The Board is �_." considering the adequacy of the regulations that apply to such �'-, lands and amendments to the Land Use Code and/or building t,=-` regulations may be proposed in the future. � ti In the interim, the Board believes that thorough review under the - Land Use Code and applicable building code regulations must be . , made to assure that only appropriate development occurs and that ��; . such development meets the full requirements of the County's i;; regulations. r, -„t,� Planning staff reviewed this development as a single-family !� residence on a metes and bounds parcel of approximately 3.11 i'. • acres, located within the Conundrum Creek area and finds the application has addressed the General Submission criteria in the ,,� application. :-y Chairman Penne opened the hearing to public comment. There being ;.,� none, she closed the public hearing. -:� � Commissioner Ross moved approval of General Submission for the ``::� FIigh2ands Investments application, and authorized the Chairman �o ��:�c sign the ResoZution of approval. Commissioner Crovley seconded, :�-;�� and the motion passed unani_mously. � SECOND READING RESOT�TTION APPR09IIiG THE AIIZPORT MASTER PLAN �'� UPDATE - MOTION TO APPROVE - PASSED IINANIMOUSLY - Hrad Christopher, Airport Manager, summarized this item by stating, �' � that on July 18, 1989, the Board reviewed draft copies of the -;,:,� Master Plan and approved the Plan in a work session and set for regular meeting and first reading. The plan underwent first •�;�,� reading on August 8, 1989, and was set for second reading and , �:`� public hearing at this meeting. ,;;� Chairman Penne opened the hearing to public comment. . v b. , '� David Fain expressed his opinion that it is an outstanding plan .� and should be passed immediately. ; Chairman Penne closed the public hearing. j � Commissioner lioss moved appraval of the Resolution for the ;'� Airport Master Plan update and authorized the Chairman's j ; � signature. Commissioner Crowley seconded, and the motion passed t ananimously. Y ';� ;,.,��-' I RESOLUTION IN SUPPORT OF Tf� RECLAaSATION AND I2EVEGETATION OF THE : °+'Y�+'' � HIGH47AY 82 RIGHT-OF-WAY ON INDEPENDENCE PASS - PSOTION TO TABLE- =`'-t��:.,. PASSED 'UNANIMOIISLY - Mark Fuller summarized this item by *�_'�� 'Y_ ' � �.• °� BoARD OF CoUNTY CoMMISSIONERS 7 AUGQST 29, 1989 r. :i i � ,r '%;:� `Y .'.� `, :� a F��< . .. . . . . .. . . . , � - - � � . ��'.;�i:.:.',:,':"_"";�' � ' . �V�.:. " :i�:>':,:i� • , ::'',ti.r�'";t i `f3r:��;�° � . . :j±.; = ` � , . � . . . . _..... i .. ' . . .� . d 4�.•4L.4�7 1.�.k.��^��.��i H� � ��(��{S�1 '. , � � �Y •P��+}��i� � �'y� �8�y`�k�ir at��+��'Q�ry��' . t � �f♦}. Y,.,jj .�y��.,�..� , �( � �n ?�fi � �� a a . .."�ta'`.��a�9��,'7�9sS'aie�v:,�.S`�.fk�y+�'.'1`�ir'�.vf�'�r?s"..; . ��s,""'-�`�_c`��.i.2��.___ . �.��W� -��,�k�.``S+-..'..�a . stating, that several weeks ago the Board heard from Bob Lewis and the Highway Departraent regarding the reclamation of the road . cuts on the Independence Pass portion of Highway 82. While the county, the Forest Service and the Highway Department cannot make long-term commitments to reclamatzon at this time, there was strong support for Mr. Lewis' efforts and a strong determination �" to lend those efforts whatever political support is necessary to �_:'±: make them most effective. Therefore, he has prepared a �':: ',.: . resolution documenting the County's position regarding Independence Pass reclamation. Reid Haughey, County Manager, stated, that for procedural � reasons, not to infer any lack of support £or the group, he would recommend that this matter be tabled until the next meetirig �•'., because it has not had an opportunity to go through the review of t;t:• .. the county attorney nor the various staff signoffs that need to E�`: - � have happened. ��;'� �, ,.. { )T..`.. Commissioner Ethridge moved to table the matter to qive staff � ` � ample time to review the resolution. Commissioner Ross seconded, and the motion passed unanimously. i � FIRST READING AND SET FOR PQBLIC HEARTNG RESOLUTION ON PRT'�ATfi � ,1 LANDS POLICY F'OR AEVEIAPMENT WZTHIN AND ADJACENT TO NATIONAI, � FOREST - MOTION TO APPROVE - PASSED UNANIMOUSLY - Rei.d Haughey, � ; County Manaqer, summarized this item by stating, that this is a policy statement that has been put in the form of a resolution. r�� The activity at this time is to set it for public hearing so that � ' the public can provide their input. � ` � Commissioner Ross moved approval of the Resolution and set for � � public hearing on September 26, 1989. Ca�issioner True � seconded, and the motion passed unanimously. ? Commission members extended their compZiments to Mark Fuller on � " the good job in the preparation and subsequent writing of the � resolution. 5 q JAIL GENERATOR REPLACEMENT CON7.RtACT - MOTION TO APPROVE - PASSED UNANIMOUSLY - Bud Eylar, County Engineer, summarized this item by � � stating, that the current emergency generator in the jail is t �� inadequate, and needs to be replaced. Summit Mechani.cal Systems, Inc. is the apparent low bidder for replacement for a bid price ,�t af $23,86�. He stated, that there is sufficient revenue in the - budget to award this contract for replacement of the generator and recommended approval of the Chairman executing the contract with Summit Mechanical Systems. Inc. Commissioner Ross moved approval and authorized the Chaizaan to � sign the contract. Commissioner True seconded, and the motion ',' ". '` passed unanimously. � j�N. � t : ��:.,;':a. $OARD OF COUNTY COMMISSIONERS 8 AUGUST 29, 1989 '� �='�� , "� �;�„ i: ��a' _ �. �#,�"�, �; ` . . �;S.j�-' . "_ { _ .,.J-.- , _ .:,,y j , -}'•... '',;j'•`1,Pj' . n�'.\:. ` � � , 4�" y' ; .. ._._. . . . . . :,.. .._ h _; .4 S f��S�Ya,�� y?f�'�»!z;1r �,`'��v3r 4�� C��.+i l�fr ... � � iLf k J�. � �� Yja ��(r� �,' }�`? r ��: ��fj �"� ,b,, �,�,�.:.�4 a�!st f� r�� .a� ��;y}';k .�� yyy,�� y �y� dp �r'��t`'' �j'�y �[`.S� l ) � � . . ..M � -�s��.�i�.5. .��'�.'�.d�k�d!��..3"��[fEL��'r��t 3��:i�. �"3t�.f..^!..,G�i1?,+.�..�.��.}A�L$��a��L�`�":��..:..�..3 R��:�r�. ... OWL CREEK BIRE PATH CONSTRIICTION - MOTION TO APPROVE - PASSED I7NANIMOIISLY - Bud Eylar, County Engineer, summarized this item by • stating, that during last year's budget process staff asked for $600,000 to widen Hrush Creek Road to allow for increased -• capacity and provide for minimum width for bicycle traffic. When ti:. � the Board reviewed the road program in early 1989, it was decided that a separate bikeway on Owl Creek Road wou2d be safer and more �,-, economical than minimal widening of Brush Creek Road. 4 Consequently, the budget was reduced for Brush Creek and a project was set up for the construction of 3.8 miles o£ bikeway along the owl Creek Road. Ya In June of this year staff asked for proposals for the r;. ; construction of the bikeway. Elam Construction submitted the '_ ;::;} lowest responsible bid for this construction. The constr¢ction ��' - is broken into three segments: [,5 �, . ��-�� 1 Highway 82 to Airport Ranch Entrance (5500 feet) °; 2. Airport Ranch Entrance to owl Creek Ranch Property ;� (4,000 feet) 3. Owl creek Ranch Property to Town of Snowmass Vi2lage � Line (21,000 feet). '�..5 "�`s The bid price for segments one and three is $284,700 which is approximately the amount allocated in the budget. The reason ;,;,:� there is no firm price for segment two is that there are some :;;�_..� unknown constructian and engineering questions related to the need for a 404 permit, wetlands questions, and major drainage _ ^.J.� questions which need more study or cannot be addressed at this ';� time. ;:,.r StaPf recommends that the Chairman sign a contract with Elam _ ;� Construction for the construction of seqments one and three in , .;,;;x the amount of $284,70o, and c3irect staff to continue design and . ,.;,_� negotiations for the construction of segment two. ;,�� Commissioner Ethridge moved to accept staff's recomnendation and authorized the Chairman to sign the contract. Co�i.ssioner Ross �,'�� seconded, and the motion passed with four yea and one nay vote by Commissioner Crowley. ELAM CONSTRIICTION CONTRACT FOR 1989 FAA AIRPORT CONSTROCTTON PROJECTS - MOTION TO APPROVE - PASSED UNAN=MOUSLY - Brad Christopher, Airport Manager, summarized this item by stating, ?., that Elam Construction Com an was selected as "lowest responsive �' " ? bidder" on July 14, 1989 P under competitive public procurement � ' rules in accordance with Pitkin County, FAA procurement , . f requirements. The "project" includes rehabiZitation of the !,:�: %';_': parallel taxiway, and the installation of a lighted wind cone and ;<ik;.,•. � segmented circle. The total construction cost is $456,234, of ,�,. ;' which, 90 percent will be funded by the FA.A. These projects have � +� � previously been approved by the board. Airport management staff, ��... z j BOARD OF COUNTY COMMISSIONERS 9 AUGIIST 29, 1989 "'��; .�:. _"`,� . :`,� ;�:hi :�` ' ' , - .'s='_ � - - �'��<<'�. . ":i " � -' ,:};�"'t� . ;?' ' . ..:i:' ^ ' ,` s > . .. , �......,_. . r . ' '" qy Sp�"� ! ��`�t�`��,�r i r �� .-' �- � ra�� r . �-q ' r . � . ` - .a, W�'.'$'' � � t.':rt��'��..� �r y��i�y� � ?..;�W5�i'IY+. ��'��!'.��3.'+:�.�"t `r<��~ ...:+s... ,�::.�.. , . a� _ . . '�"��,k�s. _•.e ' and Isbill Associates, Inc. field engineers, will be responsible for overseeinq the work. Staff is requesting that the Board consider approval of the Elam Construction Contract Agreement. iI �c.•-,:`: Commissioner Ross moved approval and authorized the Chairaan to �:, - sign the contract. Commissioner Crowley seconded, and the motion �':;;:;:: ! passed unanimously. ' ADJOURNMENT: The meetin was ad'ourned at 7:30 m. �!„ 4 J P• r`�'..; � Resp ctfully Sub 'tted, / ;i �I - anette Jon .� - erk to the oard of County Commissioners �' � � ` � �.r._� , � •. L ' '� ;:� ;;.��.� . . ':..� r. . i,'n� `$ ;'i� � '':s"�? . F, . _ � �: . ��, : ��: , �i � r � � ':;.n � �;��,�::; � �;,;�., u �;-�;:,. ��.. c"y.:' i BOARD OF COIINTY COMMISSIONERS 10 AIIGIIST 29, 1989 , �` t � y ;4,a. . �`�� t •�1�. � .. . .: ... _. .. .��-� �� . . - ,��;s�� . _ . ._ . ..t��w.+� . . . � " tid:,:-3i.��6'-''1<f'� . . � . . • . 5°uT)�'?;? . , s`.+•:�,�': : E � i.;� r. � . - - , { � . . •�K�r �i�": � . . � . � - Y...1�.,,e.. . . . . � '_ ,a''�`'�.;",��;. ' :,��w^�..� ' • .. y: .r'�;T;� . ��..��,�t'., . � . � �: ��<^: ;:��•��k , . . ' � t :�Yrt� o � �� ` � ' ��s��