HomeMy WebLinkAboutbocc.min.reg.10101989 �A..
...xr�". _ . ...._..,__ . ` . _.,.
,j , �.� � . �+p q �,
::h�:v.�...°�i.»e�-Ar.r�.. 1L:�'� .. .. . L:�.�.... .�'��....�1� ...� _f, . �:
i
F-
J.
.� �
�� �4�a�ilw
�
1VCa71.L�c• �ZO� �OS
9-10 AM JOTNP!II?El'II�Wi�PIAlHdII� & ZQTR��
Crnmiissioner's Haand Rocaa -
` P,itport Master Plan, Locati� of Highw�ay 82, Reid Haughey
; .
1�1�R 2ffi�iG�CdlIDA
� niatr;r3��su�,o� .
1
5:30 Ayi POBLiC 013+II�NP
�_ t Q�J,SFITr AC+�1�
y 1. Mirnxtes of Previws Meetinq t
, � ' 2. Addendinn to Menaran�hmi of Undexstanding between the Pitkin County c:
;i� MwnYain �e Gmi� and Pitkin Qxmty, �u�nith
;. . ;
���� ��
-,T`.`,� IAt�iSS TII3�S5
3. Leff Iat Line Adjustment, Ellen Sas.sano
;,;a+:�
- - ' umrTC�
�..�'"'- : 4. W/J Affoxdable HousiuxJ aa.,�.,ai St]bRIS51�►� PMEI Razr�nirn� Q�S
...,�,;;..� p
. r�4::- 5. FScenq�tion, 1041 Hazati+d Reviea acd Soenic Foregroauid �verlay Review,
,_�'"�.���, Cindy lio�ubet►, (7b be Tabled)
..:'�'���i
.�. 6. Mear]nwridge Subciivisian/PUD Genetal. SUtanissio¢z anl Rewnin4, ��X
�-- ^ Havben {7b be Tabled at Ap�licar►t's Reque.s�t)
;'a;'_
-_ 7. White 1041 P�peal and Gerletal SUhnissi�, C3ndy Hoube.n
_",�:�;"!
.,,�<.:.
'�,� III�DIIlFIfi�S ArID CL�TiRAC15
S. lst ReadiTXJ. �Pe�"dtin4 Permit ozdinar�ce for Airli�s, Brad tl�ristopher�
:.:��_ ;'�
,�;,.'� 9. Resolut�ion Appnw�incJ Public Sale of Airport RevPnue Bonds, �n Oken E'
y J•'`� F
"''_�..5 ��� �
`.i:p;,, t:
.�_�.:=`- =.:
`-�== •--`:r: p1FASE NC7�: AIL POffiIC�AI�NUPICEd FYY2 5:30 PM. AC1SF►I.T.iP�S WIIS,VF�C.
_�.:��:
;`y.
> -
.s{"�
`a
,` ,i
�
�
- y
-_ *
Si�: ,
_�a�t.';':�
}
.�,- `
' •J�..i14w��_•�..' .
� tij f
1 . �.:. ...� ::,_ � r: '.,. . . .:..� ._;: -
� �,
�� ` 4 . ; �r`�
�ti�:_��• �
-.c:;�_?:T'- . . .
<<�::`�:�ic , - -
,,,�y'.x';�':`
'f�- :::_s�.- .
� :
_i�F..,`
_.5... .£._: ' . � ..
',.kt�SS?':;:�v , a
,. "�'` ,
:f�.aa"4 . . . . •
���'S.T'. .
....�ia'���ti��:..., � . �
,��'µ��~�^4•';i�� '
y�'{�'?�'� . � •- - • �
,������ � _ .
:vR�""`'. � � . .
�,; . . ... ......
r` , . ��� ,, .� s. _��,� � � ',� �
fS'l:. . . . },� 4 I � . I r ������.
� . .,,1...a ,7':.: . -. `:,''�S':��T�lI�" . . "�ix�'�..,1`.
. . .:•Y+i.�c... __ ... . t .�'�r'a ...� .,.i'� a
' APPAOVED A7
OCT 2�1984
a�rTO�.s
MECT:NG
HOARD OF COUNTY COI�SSIONERS
REGULAR MEETING
OCi"OBER 10� 989
MEMBERS PRESEN�: Chairman Colette Penne, Commissioners Wayne f
Ethridge, Herschel Ross, Jim True and Fred Crowley
CALL TO ORDER: Chairman Benne called the meeting to order at
5:3o p.m.
i,:
PUBLIC Co2�ENT: Tony Barbetti appeared be£ore the Board to ask :`
`�� what the County policy is at this time in regard to temporary "
`_ � structures being built on a mining claim. �,
T Mr. Brebetti was advised to talk to the Planning Office for
i��� direction.
�:�
. -�,.:z Perry Harvey, representing the Aspen Independent Housing
;,__� Corporation, stated, that they have tried to pursue a land trade
_:�._,� with the Aspen Sanitation District. However, they were not
successful in their negotiations.
.�'�.'�
He further stated, that his purpose for attending this meeting
�'x<:?;.-� was to get Commission members stand on the matter so they aould
proceed to what they feel is the next step on the property.
.�'`Jj•`^��
:,"'%� Commissioner Ross moved that the Board of County Commissioners
encourage the Aspen Independent Housing Authority to enter the
='." planning process and proceed with possible I00 percent housing
:`;f�, proposal for the County owned parcel of land at the Sanitation -
District. Commissioner Crovley seconded, and the motion passed
�:�=`�-'� unanimously.
?`�
APPROVAL OF MINUTES OF SEPTEMBER 26, 1989 - APPROVED AS AMBNDED
Commissioner Ross asked that some amendments be made to the
:"^�s:`T minutes of the September 26, 1989 meeting. They were duly noted
�`�•� by the secretary. ,
. y
:�
"'�� ADDENDUM TO MEMORANDIIM OF UNDERSTANDING BETWEEN `Pf� PITRIN COIINTY -
�;' � MOUNTAIN RESCQE GROIIP AND PITICIN COIINTY - P[OTION TO APP120VE- � _ .
"�_� PASSED UNANIMOIISLY - Tom Smith, County Attorney, summarized this .��r,,,;=,
;� item by stating, that this matter was on the agenda at this time
to update the roster and approved training missions for insurance
purposes. �� '
-� �:y .,
�` i•-.�s`::
Commissioner Crowley moved to approve the Consent Agenda. ,y-Y�:
f�.;�_f_..
'''� BOARD OF COIINTY COMMISSIONERS 1 OCPOBER 10, 1989 'Y:h�,`.`
:� �'.
�+ ,z,
?`:�
•
-�. ,,,,.; _ _ -- _
� , .- �—�
'�x,� , . Y . .
.`r:„�:�.:- . , ' .
';�.'�:.: _ . .
����:Y�_�;�;.. . .
.=-�,`
+
�f.'5,;..-,�. � ' ' .
'�,�:fi,� -_
�w.'j i':�.N;L ..
:N��ii��" � .
!,ii,f!.
!'�.����:�,�` .
,�,}�+C�q�; •
:�i?:z�. .� +
�'k=
•��.i:::. '
��- -. ---_ . _.... . . , . _. ..
: ,
..A . �.,w4 �,� `�.'s���i'���''1�',��';`'� 'ti`� t i+�i.,r
"y �. -� s�.yt�� Kf� �r`�;'�'; .�, ,s� ; !tt
•�� �r. .. ��[y;,�y ,QrG ,,L �*, ,�s l �{ j�**� �• �}°��
� . :.Y. ���e�C.�.'����i.�dfaa�$�.���b'���'�....��k.k�:�:��ti-._tihSS+ � ..>..:, . :cc.... � - - - .t >P .i:c�"�.r
Commissioner Ethridqe seconded, and the motion passed
unanimously.
Tz'�'g IpT LYNE AA7US'1?IENT - MOTIO►3 TO APPROVE - PASSED iiITH THREE
YEA. ONE NAY VOTE AND ONE ABSTENTION - Ellen Sassano, � "_
representing the Planning Office, summarized this i�em bp
stating, that this case was reviewed before the Board on Auqust
8, 1989, and again on August 29, 1989. On the 8th, it was
continued until the 29th to give the applicant a�ple time to
respond to. the Staff and the Board's request for a fisherman's
easement on Castle Creek as it passes through the applicant's -
property.
Prior to the meeting of August 29th, the applicant's
representative submitted a letter to the Planning Office �;
requesting that the requirement of a fishing easement be �;
i
withdrawn. The request was based on the premise that the Leff "
� .�'.`� case was similar to the Nollan Case which was heard in California
in 1987.
���1�N'_:-� .
''"` At the conclusion of this meeting, the Board indicated that they
-":;:� would deny the request for a subdivision exemption for a lot line
�,_,.,� adjustment if the applicant was not willing to grant a
'�.=� fisherman's easement as a condition of approval for said
adjustment.
-� The applicant's representative intervened and asked that the
meeting be continued in order to give him time to negotiate a
fisherman's easement with his client and surrounding landowners,
�;;;�."_� who would also be affected by the easement.
,.t;� While the applicant's representative has yet to negotiate an
agreement with adjacent landowners, he has requested that the
::*:� Board approve the lot line adjustment with the condition that a
"'`F bank to bank fisherman's easement be granted by the applicant.
''='�;� In the event that an agreement cannot be made between landowners,
=A_;� the applicant, being unable to meet conditions of approval, will
:`;;� be unable to proceed any further with develogment of the parcel.
.;'-;w'?
w�._:� Planning staff continues to recommend that the fisherman's
easement be grated as a condition of approval. Staff recommends
'; that the applicants grant the easement to extend from five feet -
of the high water mark on their property to the center line of
Castle Creek.
-� Commissioner Ethridqe asked if it was physically possible for the
r:
`.-; applicants to grant a bank to bank if the property ends in the .,-
center of the creek. '�
��`=
Ron Austin, Attorney for the applicants, responded by stating, Ik, '
-'',� that his client only owns to the middle of the creek. Therefore, s."�
they can not give a full bank to bank easement. y,:
. .f:
.�i BOARD OF COUNTY COMMISSIONERS 2 OCTOBER 10, 1989 •'��
+=:
._tj �
,I
����`� <
r_�
,
t : .�� .. . . ...--_.._.-,:� . . ..... _ ._. .. .
� ..,.. . . ,..' _
=y+�� -..� ...., : . ,. . . Y _ .
..tr��Y; '�.�,^- . .
,��;c' t.:trv�"� ' �
,�'`'yl:
_ �
"�:i°: . . 1 . . .
..,.Y'���.r:;`,;F
::�`--f.��y,+;a.ry'::::)� ..
-M1`Y r'i�!�`.' '
�.1�:
.<ti-,�.���
'�F'�7e1 Y . . ' .
.':siw�'=,r � s
��r . ._. � .. _. _
� ,- .
� �. :i3 ^{� ,r$(;���W{� � 4�� z i -2.
�A ��Y `'�.V'i,�F.���j� � � !�{�� � :� ;
�i:' T ,�kp��a 134�`i 1��ft } � : �- ` �tip'���F�O� � _'��. �S+��K'��� �'ii�ii}3 �'''
� � 4� ] . �' �a���:.'` �'� {v ` ��r`t `
��1��,� !f M�li�'1�`t���.�F ��� t >���-er.��, tY� I� ����i�r�-�ro. + �'>' '; .
.. � � �'.. �:_>!+.�.�W�,��;�:�F#1�.�'�r,r�_5Y. y�_ '�! Y � u�`�ecv,� t�rn. .
_ _ 3c4 .
He stated, that he has in two prior occasions objected on behalf
of his client to grant any easement. Part of the problem they " �
have had is dealing with the landowner who is qranting the tenth `�`���
of an acre, and the other landowners in the immediate area. It
is not a simple yes or no on their part whether they can do it or a.i '
not. He is still working on this matter. ��`.---.
I�� ..,
He further stated, that rather than continue to table the matter, i
the solution would be to have approval given subject to the
? condition then they will see if they can work it out with the
• landowners. If they can they will grant the easement, and if �._ . .
they can not then they will not get the lot line adjustment. In
� no case, they cannot grant an easement clear across the stream �;• .
because they do not own it. The best he can offer at this time
is bank to the middle of the stream. ,:��,-•.
� .
r,,:.:
A disaussion ensued with regard to this matter. �� �
1
' Commissioner Crowley stated, that what they asked of the
4 applicant's representative was an easement of bank to bank.
� However, he has come back and has offered to give as much as he
� can which is bank to the center of the stream. �;
� t,
;.� He moved to approve the Leff Lot Line Adjustment based on a bank
�;.� to whatever he can qive for a fishing easement alonq the property
' line. �, '
e
i
'�i Further discussion ensued. .
� Chairman Penne stated, that she would like to visit the site
�
prior to making a decision on the matter. .,
'�
� Chairman Penne called for the vote and the motion passed with � '
three yea, one nay vote by Commissioner Ethridge and one
� abstention by Chairman Penne. [
f,
� W.J AFFORDABLE HOUSING GENERAL SIIBMISSION PMH REZOtiING S !
_EXEMPTION. 1041 HAZARD REVIEW AND SCENIC FORSGROUND. OVERIAY L<
REVIEW - MOTION TO TABLE - ppLSSED WITH Tf�2EE A VOTES WITH TWO t�
1 ABSTENTIONS - Cindy Houben stated, that this application is to be ��
ir
tabled until October 24, 1989. ,�
� fyj _
� Chairman Penne stated, that coaunissioner Crowley has expressed a �r
� potential conflict with the W.3, application, and therefore, C�
would be abstaining from voting on this matter. �
i f
� Commissioner Ethridge stated, that he has had a previous
� relationship with the applicant and he also declares a conflict � .�r�:
and will be abstaining from any participation of this matter. ' :"{"�•::
� �. .�.�.',
�'...,r.�.
Chairman Penne opened the hearing to public comment. There being -
± :r
BOARD OF COUNTY COMPS"tSSIONERS 3 OCTOBER 10, 1989 �f,' ��
� �. F
� �,
�
i�V�,. .. ._ _.. .. ... . _. . . . , - . . . � . .
_ (
nt••}�'��ti.�•_
'.(,,�.�:�:'.�:
•i�..
.,tfw..-''-:. .. - .
�`�„y7� � . ' _
,t� ✓� �
��P� . . _ . ... . ... . . .. . .. . ., ... . �. • . i i'!�)kr:.� ' Su,��}".�, � .,�.,.�`C+! . . .
eC
��, . . �. � Y L��y�y��'l�� ���'.1��1�tf��.K.�.��5!t:.�i?�� J i�' �
i� ����,�" ',4��j ` ��r� :i, ; 4�,` cy{"3 �w '"''� ,.� � �?'_.sz�* ,
�( i��,,( �
... � ��Y���.. tY...:��'l�i�.�TA�•'���TL=U��A������'�1 rr�. . [;t.. .i�N .. � . . ._. . . .R" � . .�.��� : ..
z F:�._��'.� . - i r.�- . . . ..+t.._' .3r
none, she continued the public hearing to October 24, 1989.
Commissioner Ross moved to table the matter tu►til October 24,
1989. Commissioner True seconded, and the motion passed with '� _
three yea and two abstentions from Commissioners Crovley and i - -
Ethzidge. 1°•`-
MEADOWRIDGE SUBDIVISION GENERAL SUBMISSION AND REZONIN6 - MOTION 4� `
5
TO TABLE - pASSED I7NANIMOUSLY - Cindy Houben stated, that the
applicant's representative has requested that this application be "
� tabled until October 24, 1989 to allow them more time to meet
with the adjacent property owners.
i;.
Chairman Penne opened the hearing to public comment. There being r.:
•?;,} none, she continued the public hearing to October 24, 1989. %�
= 13
_d Commissioner Crowley moved to continue the pvblic hearing to ;'
• `_�i� October 24, 1989. Co�ssioner Ross seconded, and the motion ���
`" passed unanimously.
"�� CONTIN[TED PUBLIC HEAItING - WAITE 1041 APPEAL 1lND GENERAL
a SUBMISSION - MOTION TO APPROVE - PAS5ED WITH FOIIR YEA AND ONE NAY
�'c;� VOTE - Gindy Houben, representing the Planning Office, summarized
�° this item by stating, that this matter was tabled at the last
'+I'.� meeting pending a site review by the Board.
=:�,�-,� The applicants have appealed the Planning and Zoning Commission's
decision of denial of the 1041 review. The Board must review the
;��� 1041 application in order to determine whether or not to uphold
'„'� the Planning Commissions decision, return the application for
further review to the Planning Commission or grant the 1041
�` :� approval (overturning the Planning Commissions decision).
. Additionally, the Board must review the application pursuant to -
�<,-� the general submission regulations of the code because the lot is : �
�-,:� a metes and bounds parcel.
,:.;�
;.-�� She stated, that the issue is the Planning Commission denied the
:-+� 1041 review based on the impacts to wildlife, and recommended
denial of General Submission based on the concerns about the
'; '.;
availability of water.
�
-€ The Planning office now feels that the water issues can be
handled with conditions. The remaining issue which may not be ;
� able to be mitigated is the wildlife issues. ,�:.;.
:� The Planning Office recommends that the Board take final action
,. on the 1041 appeal and general submission. If it is determined �, ,:;
„ by the Board that the entire parcel is utilized for elk calving, �
k the Planning Office recommends upholding the Planning Commissions
� decision based on Section 5-404 of the Code which states that �,f�`.
.:,.i,�..,.
,;3 calving areas shall be left in their present natural state ;�•_�;•;.
� without further development. �'�
�,
-i BOARD OF COiJNTY COMMISSIONERS 4 OCTOBER 10, 1989 .+�i
=:.�
`'�
is`�, .. _. - .
j-:i- �
- . t
..t _.��_',' . � � . . .
,''y�ti:'.-..,L_4..'i:
��' .
::S~'�
.�r
•",�.��_ � _ w • .
�,�:. .. -� --� �
_. . . _ . �
,,�, .- , . ... _. ..
�-._ : . . . . . � �{��"rk r ��q�-�q��u� � q� t.
..�'�.;�.'�'�„ ,,.�`�'�4�i�':���`��'�:.�t�..._ ti�r�-���`r i y ��. '•� ���� ' �`'�` ����
;�:
With regard to the general submission, the only issue is the
overlappinq issue of the water. The Board needs to make a
determination if there is sufficient water for the development. '
With regard to the issue of wildlife, the Planning Commission
recommended denial based on the code provision that states that
elk calving areas shall be left in their natural state without
development. The area surrounding this parcel was reviewed for
wildlife concerns in 1987 during the Chris Smith 1041 review (an
' adjacent 35 acre parcel). At that time, the Division of Wildlife
� warned that development in this area could significantly impact - '
the wildlife which inhabits the site. However in Mr. Smith's
situation it was determined that the building envelope could be
� placed where it would not interfere with the elk calving. In �. • '•
;� addition, the County Attorney noted that each of the five 35 acre
� sites located on this bench must be reviewed on a case by case
* basis to determine whether wildlife would be impacted relative to �',,
:: e the 1041 standards of the Land Use Code. It is the opinion of '� '
,� i:r.•,�: .
the Planning Commission and Planning Staff, that development on
-� this site would detrimentally impact the elk calving area
� n existing on the site.
;k
-'' Also, Randy Cote, with the Division of Wildlife, has recoaunended
y
that the building envelope should be pulled back further towards
�� the hillside to give some visual relief to the valley below and ' -
,_:�;� so the potential elk calving areas can stay in the aspen.
-'� Therefore, she would like to add an additional condition that the
building envelope be pulled back.
..l't
Commissioner Crowley asked if the access issue across Brush Creek '
��� had been worked out.
'�9
,� Jim Crowley, a resident of Brush Creek responded by stating, that
-� the developer had not approached them with this regard. .
�� Houben stated, that it was an issue in 1987 when they were
Y� reviewing Chris Smith's application. However, at that time
;� staff's legal advise was that the Brush Creek roads were in fact
'� public, and the County could not force the applicants on the
;; adjacent parcels to enter into any kind of agreement with the `
;'f Brush Creek landowners. "
''+�� Houben proceeded to review with Commission members the Division �
,y of Wildlife maps which re£lect the development being near a
:� critical wildlife area. �?:�'<::
f
x Marti Pickett, attorney for the applicant, stated, that one of ��
� the reasons their wildlife expert recommended the proposed site,
� �::':,�.:�.
is that the aspen stringer is deteriorating, which is what s� ,:�
identifies the critical calving habitat for the elk. Also, �;. y�.�:
� a '
.�i
� BOARD OF COUNTY COMMISSIONERS 5 OCTOBER 10, 1989 �..•.'r'd"^�:
�' �.:
_:��
i-'�:)
;:.�
;. .
: -a� , .. , ... � . -;—�+�r�
, .� ._
-- '.zyti.: " " _-
:�;.^�; , . .
°-'�::;;.=:=';'=
;;-:` •�=;
,;;. ' '
>;��::':=k -
- .�,;�
�;�_���,'�.-4:.;�.:��.
.:r%�����_ '
~'31,
...��," "- .
" � r
Y
� � �..:.... . . . ...... .... . .. .. ,
. :.�. ..:......
� ! . � ^Biy�5 �,,,,,y s`�'��._� !?;t.�'i �,.r'� r 1(�� k(1���i�i
. �� - � q - � � , ���-.6�[_r ,�ii'r�.)��,� , '�'�•Si3}��sFy�,• fl 7:�¢';
.i , . d �3t �-I1�: �` :rlP�1 t S � ��) �. w.� �:+ '�;y^t y�.: ��+R�� 'd�}i*��`�s �`, l ��.f. 1
� . ,i. ''`���rr�:�� ' .�� ��r. t��'.��4r�.*„S� t�'.��.•.;_. .� �`���� «.�'w�FE��'''��.
Randy Cote has also said that there are several alternatives Eor
the small elk herd to move around because they are very mobile.
Houben stated, that Randy Cote has said that the elk will not -
calf in an area if development is within a one half mile corridor
of the area. She feels that the whole area could be considered
area utilized for elk calving purposes.
; Chairman Penne opened the hearing to public comment. _
Wilk Wilkinson stated, that he thinks with a 35 acre parcel there
should be ati least somewhere on the parcel where a single family
residence could be placed. �
:.
Jim Crowley requested, that if the development is approved a ��
wndition be attached that the applicant must enter into an �;
- agreement with the Brush Creek Homeowners such as the one with 4;
Morgan Merrill developer of the Cozy Point Ranch.
"•���,� Also, they are concerned about the possibility of a wildfire in
<�"`' the area and the potential for it spreading into the Brush Creek
--:.� Subdivision.
�=�;'� Peter pobrovolny, Chairman of the Planning and Zoning Commission,
reinforced the P&Z's po5ition in denying the 1041 review. Ae
said that the message they get from the Division of Wildlife is
� ;:� that if this house is built, it will be the end of an elk herd in
this particular area.
;w;i:� Rachel Richards encouraqed members to uphold the Planning and
Zoning commission's recommendation because of the accumulative
� �
affact on the elk herd.
-:,:,� Commissioner Ethridge moved that the Board uphold the decision of �
;.;� the Planning Commission on the 1041 application more specifically
'"�'� that a finding has been made, that the area is in fact an active
::;'� calving area, and the development of such would be inconsistent
,_``� with Section 5404.2(d) of the Land IIse Code. Commissioner Ross
seconded the motion.
�'' "
Chairman Penne stated, that if the house was built close to Chris
'; Smith's she does not feel the accumulative fact of the two houses
'� would be much different from just having one house, etc. �
= However, the fact that the house is proposed to be built in the ; :`
„� critical calving area is what is a problem for her. `
� � Commissioner Ethridge stated, that he also has a concern with �2^„
.'y; regard to the significant impact on the wildlife, and he does not �`,:.:s'^
�' ;"�;�::
- � see how it could be mitigated if the house were placed in the
proposed building envelope. �.:~�E.
i ,;.•,,e�'=;
Marti Pickett reiterated her ' '�
°� previous comments, that Randy Cote, ' �,
. :"-:'$' . . � 'i r.:�
:1.f
j? BOARD OF COUNTY COMMISSIONERS 6 OCPOBLR 10, 1989
�
,.'�$ , .
�:1
,� __._ ._
�,'�; „ . : _ . _
;�y?� '
.",s;�:�:;�;`=
;,;;,�.,�:,�:
_
'..E.?:�'�' � .
. i'S,�. � � ..
2s_
«+_�
.:.'.....�
'.�::�+i�"nt '
�li;
_ .�}, _
. .��,`�'�T � . ` .
".V,.iz � v
::r:-
y �
.. . :�.. ....,. .. ..
c' - _ .. . L y 4- -5 . r a 1F�'t� ,� rF . S��y�� t 1 f
A� 5�+ y (,
:. � +S'�A�����'��f '7�*`����Y!y�•�..,;��t 1. �C.i "� .
, � r� v# . �a~�x;,,.�;�t ,��t�' �r �r
(�,' 1� '��i 1" '�i� � ; : w ,� r�Il<.. �� �`^,��s µ {�y�r,'�:, 5
^��� � . ...4�y,g��v��� .. . ���r� �� Y� f�. .. .4�^�,�;.W�,�S��.
� ' '� �ii,7�r���.�.. �?�;' t i,ai� �.. ...� .. . ,-.. �
with the Division of Wildlife has said that the small elk herd
are very mobile, and there are alternative areas for them to move '
into.
Commissioner Ross stated, that he feels the wildfire situation is
extremely critical. Also, the wildlife situation is critical to
the community because it is a resource for the entire community, �
and he feels it is the Board's responsibility to protect it.
i
Susan Snyder, Assistant County Attorney, stated, that on the �
wildlife issue, there is basically the Planning Office's
- . recommendation, two letters from Randy Cote, and a letter from
� the applicant's wildlife consultant. She recommends that
Commissioners need to review these comments and determine whether
_;:.5 the wildlife hazard can be mitigated. Also, the applicant needs
y to still show an adequate water supply. Therefore, the matter
_ ,: , could be tabled until they can show that, and then a decision on
,;-_� the 1041 review could be made at that time.
�����?� Chairman Penne closed the hearing to public comment.
``'� Commissioner True stated, that the problem he has is consistent
-:=':<:f with other Commission members which is a concern of beinq able to
-- mitigate the danger to the elk herd when they are calving.
��t_,:_��.� Marti Pickett stated, that it is their wildlife expert's opinion
.��� that the proposed site is the site that would be the least impact
to the wildlife.
� �� She requested that the matter be tabled to give them an
opportunity to review the possibility of another building
envelope site, and an opportunity to discuss with Randy Cote and
.��-.� Bob Rosette together as a team to try and determine how to best
::�;,� mitigate the wildlife concerns.
''_,� Chairman Penne called for the vote and the motion passed with
',;:.;� four yea and one nay vote by Penne.
�+:'����Y Penne explained her vote by stating, that she feels there is an
-, opportunity to move the house.
;-s$
"s%'i FIRST READING - ORDINANCE APPROVING A LE7TER OR INTENT TO ENTER r.
!^_� INTO A FIVE-YEAR LEASE. EXPIRING ON DECEliBER 31. 1992, FOR SPACE F•
AND FACII,TTTES AT THE ASPENlPITRIN COIINTY AIRPORT AIR-CARRIER �' �
TERMINAL WITH ASPEN AIRWAYS. INC.. d/b/a UNITED EXPRESS AND ROCKY
'� MOUNTAIN AIRWAYS. INC.. d/bJa CONTIN@TlAL EXPRESS; REOIIIRING A
COPY OF THE LETTER OF INTENT TO BE AVAILABLE FUR PIIBLIC �� '
� I�TSPECTTON IN THE OFFICE OF THE AIRPORT ISANAGER AT THE AIRPORT: $ •
. �'.�':.�'5:.,.
' AND SETTING A PUBLIC HEARING HEREON - MOTIOH TO APPROVE ^ PASSED ="'yy;� ,
� UN�INIMOUSLY - Tom Oken, Administrative Services Manager, ��•;�. `
.:.� summarized this item by stating, that the Board decided in early t'"
1989 after the execution of the "term sheet" by staff to put
�;r �tt �i��E
HOA,RD OF COIINTY COMMISSIONERS 7 OCTOBER 10, 1989 F '
."��
.:..�
:::1
;,
i � �. . - -
.i�.� .
�:'r.`:*.'`" •
�
.`s�t �
�•:�:" u-. �.i:. � .
_'.*:_,
r�;,,i'f,�_.
y,"�4f' w - .
!4.;v�2�4 � .
:� ;F;:`�' � " .
�
a� � .. . . .. . .. . . . .. .. . . .._- " . � , +�x� ,�4�f„.w s% �S�yC�r?r'r,4 r�: •rG.'�p�ti '�"� �
�r, '� ����3j'c�Z �f%"' ,��'k`1*'�`��fi4� {y ��i...
�h ��r�� .� ��.- ,� ''w,��, t .
t � U r � - - : v� '�S`. i 1... .. ,::;n,� �� ,f,t� +t �r.t -
• � r , � � nyT'�'r'6s`.��.Y-�r?:;1.�,i�.
' ����.�r. .. Z ..�ilc�t�k����.i�r'."�.����� 3� . X 6� . . . .. . .� .�'�?a+4.a..�' Y
�y,
negotiations for a formal 7.ease with the airlines on a back
burner. The thinking was that since it had taken approximate2y
21 months and a substantial expenditure of staff time and special _
counsel budget to reach a "term sheet" and, given the generally
good operational experience under the existing holdover lease,
the detail of the "term sheet," the belief that the ��term sheet"
was all that was necessary to go forward with £inancing and the
relatively short time period involved, we would not e�cpend the
time and budget to formalize a lease unless circumstances �
chanqed.
Since then, there have been two changes in circumstances. One
being that Aspen Airways is being sold and the new owner would
like to firm up the Aqreement between the Airline and the County.
Secondly, the County is preparing to go forward with long-term
financing and a more formal relationship, (especially the
approval of the new, updated CIP) is helpful in securing the most
- ^,,_`� advantageous firiancing.
�3�;� He said, that in the agenda item summary three actions were
- recommended but now there only needs to be two actions. One
-.�?,;� being to approve the "term sheet" and authorizing the Chairman to
sign that at this time_ Secondly to approve the Ordinance on
"�"� first reading.
✓-��x Commissioner Crovley moved approval of the °term sheet° as a
:� supplement to the 1981 "holdoVel" leases and to authorize and
i � direct the Chairman to execute it and convert it into a "Letter
of Intent,° subject to final approval by the ordinance and to
approve the Ordinance on first reading and set for public
`' :� hearing. Commissioner Ross seconded, and the motion passed
�� unanimously.
_ '-_a
<,��r RESOLUTION - PROVIDING FOR A PIIBLIC SALE OF AIRPORT REVFIIQE BONDS
IN TIiE AGGREGATE PRINCIPAL AMO17N� NOT TO EXCEED 53.200.000;
,�±i,`� REPEALING ACTION HERETOFORE TAREN IN CONPLIC'�' HEREFiITH: AND
RATIFYYNG ACTION PREVIOUSLY TAREN IN CONNECTION THEREWITH.-
MOTION TO APPROVE - PASSED UN�2TIMOUSLY - Tom Oken summarized this
:_`~�r� item by stating, that this resolution authorizes the public sale
of airport revenue bonds on October 24, 1989, in accordance with
'�"3 the financing plan previously discussed. Upon approval of the
;�� resolution staff will finalize the sales literature for the "
bonds, ca].led the Preliminary Official Statement and t3otice of �>
,',.j Bond Sale, and then distribute this literature so that potential �'{_ _
"'a bidders have at least a week to review it prior to the sale date. �_;_ ;
,'� Commissioner Crowley moved apgroval of the resolution. �
Commissioner True seconded, and the motion passed unanimously. • ! ,
C 4 � '.
� RESOLUTION - AMENDING SPECIAL IISE PFdtlIIT #86-139 REGARDING IiI�- � �� .
i CONTINENT RESOURCES - MOTION TO APPROVE - PASSED IINANIISOUSLY - 4 `` ,;.'
� � ,;
i BOARD OF COiJNTY COMMISSIONERS 8 OCTOBER 10, 1989 ��
i
�:�=Y�
:-::I
.:.
_:� . . _ . _. , �.
,:,:�`_ -
RrM�;"�z� -
,y:::, -
`j�4s:.
.;���i`3' � _ �
y+�
�': . .. . ...._. . ... _ .. . ........�....
„�}r � . . � ._ . . . . . � _ .
� .., 4 .t x-. .fi �-.i' 7* y.
: .� .... -��' ,. � i
r j, �� ��}����� ry., ���`•
� .��y...����'ia�..�[Y��!'�'i.t�'.C�.'�;tM 15x�`c'.it'n.4ti^��i•,.. ,.�`'.Yi �, � ,j µ . . .Y� .R� '� 'C,i F S!
j� �
Commissioner Tzve moved to send to liid-Continent Resources the
letter as (revised) summarizinq the Board's response to the water
quality control failures in Mid-Continent's mine in 1989.
APPOINTMENT OF KATHLEEN WAI1�i TO THE PITKIN COUNTY SEAT ON THE .
BOARD OF TRIISTEES OF TfiE BASALT REGIONAL LISRARY - MOTION TO
APPROVE PASSED UNANIMOUSLY f' �
,..:
Commissioner True moved to appoint Bathleen Walker to the Pitkin
County seat on the Basalt Regional Library District to complete
the vacant term_ ."
,
- Commissioner Ethridge seconded the above referenced aotions by
Commissioner True.
�,
,� RESOLUTION - SUPPORTING THE IISE OF 4'f� RIO GRANDE RIGHT-OF-WAY �:
FOR MASS TRANSIT PURPOSES_
�J
�'�`" Commissioner True moved approval of the resolution supporting the F'
° use of the Rio Grande Right-of-vay for mass transit purposes. �`�
=�;; Commission Crowley seconded the motion.
' Commissioner True moved to authorize the Chairman to sign a
;���t letter to the Colorado State Highway Der�*-}*�ant as amended, with
``"�k regard to the EIS.
`.`;�z.:,s
�-Y-'`-�� All motions passed unani_mously.
;,�:�::��
""'p' SMUGGLER MOUNTAIN DEVELOPPIENT
��."� Wilk Wilkinson appeared before the Board to apologize to
Commission members for challenging the road regulations, etc.
',.,;�� Also, to present a compromise settlement offer in regard to ..
._,�,i 89CV24 wilkinson/Fidelity v. Pitkin County Smuggler Mt. .;:
�-.i_�i Development.
ADJOIIRNMENT: The meeting was adjourned at 7:30 p.m.
.w��
;=�� R s ectfully su itted,
''�a�,�.1
P �
�
�anette Jon
_�` lerk to the Board of County Commissioners
�
�. �
t � .
_ -� ,�''.
'..�
Y1:.:
:'• :l BOARD OF COUNTY COMMISSIONERS 9 OCTOBER 10, 1989
�`�:� r
_'�y�•_"1 .
-:'={`:7
�
.��.._---.__ .....___. ..,_._ .��. . �.-��-�..•r _ ... .......... ..�.-_•
_ - , . ... ._... .. .... .. . ...._... .. .. . . . . �... . � . '
j .
r.�+�•. �L " ' _'
-����r;r: � . � �
. 'i{�tr`:�.�y. . � a . .
��',n�cF:`J-,�L�t` ,
:y=, f
^.i'.
,''�.'
,`j;;�� . �
,��::, . '
�,�;�:,;;;:z:�°. - • .
'?;�;:..
;:�;::`<,;'>
=�`;...;,,,.
:r,:,
:r��,�,;:.�:�:, -
,.... .,..-.;.
.. . �:;�.�-
:,'���<<:,,
��._..:. �.
t`,yT�� � .
;��:.�;k
;'�x;�v+� '� +