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HomeMy WebLinkAboutbocc.min.reg.08282002 PITKIN COUNTY COMMISSIONERS REGULAR MEETING AGENDA WEDNESDAY, AUGUST 28, 2002 Noon Lodge Owners Association Meeting at The Gant 2:00 PM Location: Plaza One Conference Room ADDITIONS/DELETIONS TO AGENDA CONSENT ACTIONS Minutes of July 16 and August 20 Special Meetings and August 14 Regular Meeting Is'Reading and Set for Public Hearing 9/11, Road IGA with Eagle County, Temple Glassier Is`Reading and Set for Public Hearing 9/11, Ordinance Approving an Amendment to the License and Use Agreement for the Airport Terminal Restaurant with Tailwind Deli Inc., Edna Adeh, Jim Elwood (PN8/30) Approval of Resolution Accepting FAA Grant Offer, Jim Elwood CONSENT PUBLIC HEARINGS 1. 2" Reading, Ordinance Accepting the Conveyance of Real Property from R&R Trading, Inc. (to be continued to 9/25), Debbie Quinn 2 2"a Reading, Resolution Establishing a Public Health Coordinator During Major Emergencies , and Disasters, Cindy Mohat(PN 8/17) ADMINISTRATIVE ACTIONS 3. is Reading and Set for Public Hearing on 9/10, Resolution Submitting Financial Ballot Questions to Electorate on November 5, 2002, Tom Oken ADMINISTRATIVE PUBLIC HEARINGS 4. 2" Reading, Tip Fee Ordinance, Miles Stotts 5. 2nd Reading, Resolution Submitting to the Electorate at an Election To Be Held Nov. 5, 2002, a Proposed Change to the Home Rule Charter Article VI Amending Section 6.6, John Ely 6. Motion to Reconsider Broeder Appeal 3:00 PM PUBLIC COMMENT, COMMISSIONER COMMENTS, PROCLAMATIONS Child Care Public Education Kick Off Event, Shirley Ritter, Kids First CONSENT PUBLIC HEARINGS 1. Code Amendment—Subdivision Exemption for Affordable Housing Infill Development in UGB, 2"d Reading—L. Clarke CONSENT ACTIONS 2. Horne/Stillwater Ranch Lot 2 Minor Plat Amendment and Development Agreement— S. Wolff 3. KJAX Radio Special Review, Scenic Overlay Review and GMQS Exemption for Essential Community Facility, (continued from 07/24/02), (continued to 09/25/02 at the request of the applicant)—L. Clarke LAND USE PUBLIC HEARINGS 4. Emergency Adoption—Code Amendment— 1041 Regulations—J. Ely & L. Clarke 5. Child/Capitol Creek Ranch Rezoning, Special Review, GMQS Exemption, 1041 Hazard Review, Conceptual Submission& Scenic Overlay/Ridgeline Review, Code Amendment, (I"Reading continued from 8/14), S. Wolff 6. Acquisition of Child Ranch Conservation Easements, Dale Will LAND USE ACTIONS BOCC OPEN DISCUSSION ADJOURN / APPROVED SEPTEMBER 119 2002 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING AUGUST 289 2002 NOTE: For all staff memorandums and associated documents pertaining to this meeting refer to BOCC PACKET for August 28,2002 CALL TO ORDER: Chairperson Clapper convened the regular meeting of the Board of County Commissioners at 2:10 p.m. COMMISSION MEMBERS PRESENT: Commissioners Patti Clapper, Shellie Roy, Dorothea Farris, Mick Ireland and Jack Hatfield ADDITIONS/DELETIONS TO AGENDA: Hilary Smith, County Attorney suggested that the Ordinance modifying fees for the solid waste center be moved to the consent public hearings section of the agenda. Commissioner Farris moved approval of the Ordinance modifying fees for the solid waste center to the consent public hearings section of the agenda. Commissioner Hatfield seconded the motion. Motion passed unanimously. John Ely, County Attorney asked that an appeal by Broeder be added to the agenda to set an appeal hearing. Commissioner Farris moved to add this to the end of the administrative part of the agenda. Commissioner Hatfield seconded the motion. Motion passed unanimously. CONSENT AGENDA: APPROVAL OF MINUTES OF SPECIAL MEETING OF JULY 16 AND REGULAR MEETING OF AUGUST 14,2002—MOTION TO APPROVE— STAFF PERSON: JEANETTE JONES, CLERK TO THE BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS I REGULAR MEETING AUGUST 28,2002 FIRST READING -RESOLUTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH EAGLE COUNTY FOR THE 2002-2004 SEASON OF SNOW REMOVAL IN THE FRYING PAN VALLEY— MOTION TO APPROVE AS AMENDED AND SET FOR SECOND READING ON SEPTEMBER 11,2002—STAFF PERSON: TEMPLE GLASSIER FIRST READING—ORDINANCE APPROVING AN AMENDMENT TO THE LICENSE AND USE AGREEMENT WITH TAILWIND DELI, INC.—MOTION TO APPROVE—STAFF PERSONS: JIM ELWOOD,AIRPORT DIRECTOR— MOTION TO APPROVE AND SET FOR SECOND READING ON SPETEMBER 1192002 FIRST READING -RESOLUTION ACCEPTING THE OFFER OF FEDERAL AVIATION ADMINISTRATION (FAA)AIRPORT IMPROVEMENT PROGRAM (AIP) GRANT TO ASSIST IN THE FUNDING OF ASPEN/PITKIN COUNTY AIRPORT CAPITAL IMPROVEMENTS—MOTION TO APPROVE AND SET FOR SECOND READING ON SEPTEMBER 11,2002 - STAFF PERSON: JIM ELWOOD,AIRPORT DIRECTOR Commissioner Hatfield moved approval of the Consent Agenda. Commissioner Farris seconded the motion. Motion passed unanimously. CONSENT PUBLIC HEARINGS: SECOND READING—ORDINANCE ACCEPTING THE CONVEYANCE OF REAL PROPERTY FROM R&R TRADING,INC—MOTION TO CONTINUE TO SEPTEMBER 25,2002—STAFF PERSON: DEBBIE QUINN, ASSISTANT COUNTY MANAGER—APPLICANTS: RAYMOND AND CAMILLA AUGER SECOND READING—RESOLUTION ESTABLISHING A PUBLIC HEALTH COORDINATOR DURING MAJOR EMERGENCIES AND DISASTERS— MOTION TO APPROVE STAFF PERSON: CINDY MOHAT, EMERGENCY MANAGEMENT COORDINATOR SECOND READING AND PUBLIC HEARING—ORDINANCE MODIFYING FEES FOR THE SOLID WASTE CENTER—MOTION TO APPROVE - STAFF PERSON: MILES STOTTS, SOLID WASTE CENTER MANAGER Commissioner Farris moved approval of the Consent Public Hearings. Commissioner Hatfield seconded the motion. Chairperson Clapper opened the hearings to public comment. There being no comment, she closed the public hearings and called the question. Motion passed unanimously. ADMINISTRATIVE ACTIONS: BOARD OF COUNTY COMMISSIONERS 2 REGULAR MEETING AUGUST 28,2002 FIRST READING—RESOLUTION SUBMITTING TO THE ELECTORATE AT AN ELECTION TO BE HELD ON NOVEMBER 5,2002, FINANCIAL QUESTIONS ARISING UNDER SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION AND ARTICLE IX OF THE COUNTY'S HOME RULE CHARTER—MOTION TO APPROVE AND SET FOR SECOND READING ON SEPTEMBER 10,2002 - STAFF PERSON: TOM OKEN, ADMINISTRATIVE SERVICES MANAGER Commissioner Farris moved approval of first reading of the resolution and set for second reading and public hearing on September 10, 2002. Commissioner Roy seconded the motion. Commissioner Hatfield said he would be voting no on this resolution because he feels it is.very broad and not ready for final consideration at this first reading of the resolution. He reiterated his previous comment that he would like to have a discussion about a line item budget review versus what he considers a policy review. Chairperson Clapper called the question. Motion passed with four yea votes and a nay vote by Commissioner Hatfield. Commissioner Farris said at one time there was discussion on whether or not the board was going to put something on the county ballot regarding the entrance to Aspen. John Ely, County Attorney said the deadline for publication of any resolution placing an item on the ballot was yesterday at noon. After a discussion, staff was directed to look into this matter and see if would be possible to place such an item on the ballot. RESOLUTION VACATING ITS DECISION OF THE BROEDER AWNING APPEAL—MOTION TO DIRECT STAFF TO DRAFT RESOLUTION Commissioner Clapper moved to direct staff to bring this matter back to the Board through the appeal process for consideration. Commissioner Roy seconded the motion. Motion passed unanimously. ADMINISTRATIVE PUBLIC HEARINGS SECOND READING—RESOLUTION SUBMITTING TO THE ELECTORATE AT AN ELECTION TO BE HELD NOVEMBER 5,20029 A PROPOSED CHANGE TO THE HOME RULE CHARTER ARTICLE VI (CAMPAIGN FINANCE PROVISIONS) BY AMENDING SECTION 6.6—MOTION TO APPROVE STAFF PERSON: JOHN ELY, COUNTY ATTORNEY Commissioner Roy moved approval of second reading of the Resolution. Commissioner Ireland seconded the motion. BOARD OF COUNTY COMMISSIONERS 3 REGULAR MEETING AUGUST 28,2002 Chairperson Clapper opened the hearing to public comment. There being no comment, she closed the public hearing and called the question. Motion passed with four yea votes by Commissioner Ireland, Clapper, and Roy and one nay vote by Commissioner Hatfield because of his support of the voter's previous action and a nay vote by Commissioner Farris because she believes local communities have a right to make that determination. PRESENTATION ON CHILD CARE PUBLIC EDUCATION KICK OFF EVENT SHIRLEY RITTER,KIDS FIRST PROCLAMATIONS: None PUBLIC COMMENT: COMMISSIONER COMMENTS: Commissioners Ireland and Clapper reported on local sports events. Commissioner Farris announced that the town of Redstone is celebrating its 1000' year anniversary. She gave a sample of a few events that are to occur in honor of this event. Commissioner Hatfield said he would make himself available to meet with anyone at anytime to discuss and go over the elements of the budget cycle. Commissioner Roy pointed out that the Aspen community is still very unique and she encouraged everyone to look at the blessings we do have. She said things are not as flush as they were four years ago, but a lot of the core pieces that made this community so successful still exist. CONSENT PUBLIC HEARINGS: SECOND READING—ORDINANCE ADOPTING AMENDMENTS TO THE PITKIN COUNTY LAND USE CODE: ARTICLE III, SECTION 3-190, SUBDIVISION EXEMPTIONS—MOTION TO APPROVE - STAFF PERSON: LANCE CLARKE,ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR Commissioner Farris moved approval of second reading of the Ordinance. Commissioner Hatfield seconded the motion. Chairperson Clapper opened the hearing to public comment. Brooke Peterson questioned how the input of the neighborhood factor into this proposal. Lance Clarke, Assistant Planning Director, said an application would be subject to special review with some pretty stiff standards as well as a public hearing before the Board of County Commissioners. Chairperson Clapper closed the public hearing and brought the matter back to the Board calling the question. Motion passed with four yea votes and one nay vote by Commissioner Roy because of the prohibition of the R/O units from the legislation. BOARD OF COUNTY COMMISSIONERS 4 REGULAR MEETING AUGUST 28,2002 CONSENT ACTIONS: RESOLUTION APPROVING A DEVELOPMENT AGREEMENT WITH FREDERIC B. HORNE—MOTION TO APPROVE AS AMENDED - STAFF PERSON: SUZANNE WOLFF, SENIOR STAFF PLANNER—APPLICANT: FREDERIC B. HORNE KJAX RADIO SPECIAL REVIEW, SCENIC OVERLAY REVIEW AND GMQS EXEMPTION FOR ESSENTIAL COMMUNITY FACILITY—MOTION TO CONTINUE TO SEPTEMBER 25, 2002—STAFF PERSON: LANCE CLARKE— APPLICANT: ROARING FORK RADIO Commissioner Farris moved approval of the Consent Actions Agenda with an amendment to the Horne resolution as follows: • Recital No. 2 of the Resolution: changing the year"2002" to "2001". • Recital No. 5 of the Resolution: changing the name "Duckworth" to "Horne" Commissioner Roy seconded the motion. Motion passed with four yea votes and one nay vote by Commissioner Roy. LAND USE PUBLIC HEARINGS: EMERGENCY ORDINANCE—ADOPTING AMENDMENTS TO SECTIONS 3- 80-070 AND 3-80-050 c OF THE PITKIN COUNTY LAND USE CODE—MOTION TO RESCHEDULE FOR SEPTEMBER 11, 2002 - STAFF PERSON: JOHN ELY, COUNTY ATTORNEY,LANCE CLARKE,ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR Marcella Larsen Chilsen, County Land Use Attorney proceeded with an overview of the proposed legislation as addressed in her memorandum contained in the BOCC packet. Lance Clarke, Assistant Planning Director recommended the following amendments to the proposed legislation: • Section 3-80-070—Wildfire Hazard Areas—No. 2 - Building Envelope and Wildfire Hazard Area Delineation—Language after envelope) "that this delineation shall be verified by the wildfire expert" (whether it is by the US Forest Service or someone working for Pitkin County as its designated expert.) • Section 3-80-070—Wildfire Hazard Areas—No. 3 a. —Language to the last paragraph that says "Or alternative specific standards recommended by the wildfire expert". BOARD OF COUNTY COMMISSIONERS 5 REGULAR MEETING AUGUST 28,2002 • Section 3-80-070—Wildfire Hazard Areas—No. 3 b. —Low and Medium Hazard Wildfire Areas - Language to the last sentence that says "or alternatives to specific standards recommended by the wildfire expert". • Section 3-80-070—Wildfire Hazard Areas—Low and Medium Hazard Wildfire Areas iii—Structural Design and Construction Requirements—2) Roofing: "Add language after Section 1504 that says "unless the wildfire expert has specifically recommended a stricter class of construction due to the development proximity to severe wildfire hazard areas." Commissioner Ireland moved approval of the wildfire section of the proposed Ordinance with the amendments recommended by staff. Commissioner Farris seconded the motion. Commissioner Hatfield said he has concerns with respect to the recitals in the ordinance and would like the opportunity to discuss his concerns prior to adoption of the entire ordinance. It was agreed that the board would consider section by section of the ordinance and then when this process is concluded, the recitals could be addressed. Chairperson Clapper opened the hearing to public comment. Glenn Horn requested that the code be clarified to delineate the difference in low/moderate wildfire hazard areas and severe hazard. He said that you would know if it were low and moderate because the easier conditions would apply, and the expert can tell you that. If there is any severe at all then there will be another step. Lance Clarke suggested language that says, "A site plan shall be submitted that identifies the building envelope as being low, moderate or severe" He explained that if there are any severe areas in the building envelope then the whole envelope will be classified as severe. Planning and Zoning Commission member, Steve Whipple said the P&Z went through every item in the proposed legislation(wildlife, wildfire and slopes) and every one of them had huge problems. He said the legislation has implications all over it and the answer is it's an onerous thing that you are placing on somebody that is in an existing subdivision within the existing structure. He said it is terrible and very expensive to retrofit a Class A structure. Commissioners said it is a public/safety issue and the greatest cause for an emergency code amendment is to save human lives. Glenn Horn suggested a provision, in the procedure section, which would enable a property owner, if that person so chose, to go through an administrative wildfire hazard BOARD OF COUNTY COMMISSIONERS 6 REGULAR MEETING AUGUST 28,2002 review to establish up front,prior to the building permit phase, what the rules are going to be before they go into the design phase. It was agreed that there would be an option for someone to go through the old 1041 standard 1041-review process if they choose to do so. There were several other members of the public (attorneys and land use planners) who expressed support for a simplified process, but expressed concern that the process was moving too quickly and could have unintended consequences and impacts on subdivisions, which previously had been immune to the 1041 hazard reviews. They urged the Board to table the Ordinance until the legislation could be well thought out and all of the ramifications addressed. Bob Daniels said any septic systems or things like that need to go within the building envelope. On a small lot of an acre or less, someone would not have the ability to get 100 feet around that area so he thinks it should be around the "structure"rather than the building envelope. Lance Clarke agreed that he does not think the building envelope needs to be referenced but rather a condition that it goes from structure There were some comments from the public with respect to concerns about remodels and how they would fall under this particular legislation Clarke explained that there is already an exemption in the code that says additions, replacements and remodeling, if they do not create any additional 1041 hazards can be exempt from 1041 review. If the determination is made that an addition will not increase any 1041 hazards then it is exempt. But if the addition will be close to oak brush they will be creating an additional 1041 hazard impact and they would have to comply with these standards and the existing house would have to be retrofitted. However, he has never had a case like this. Commissioner Ireland said the rule is if you propose an addition that is close to oak brush you would need to clear that space to avoid the hazard. He suggested language be added to address this issue. Bob Daniels said he is getting ready to purchase a piece of property. And why he is uncomfortable about this is because this is an emergency and it's happening so quickly and all of these things that are coming up in this meeting are being done on an ad-hoc basis without thinking all the way through this. And so the general concern is that this is going through the process extremely fast and we are not looking at all the potential pitfalls of applying this to existing subdivisions. He does not think this is fair to him as a member of the public or the public in general. Commissioner Hatfield commented that he has a problem with applying this legislation to pre-approved existing subdivisions. BOARD OF COUNTY COMMISSIONERS 7 REGULAR MEETING AUGUST 28,2002 �j Commissioner Farris commented that she feels all subdivisions should be affected due to the life health and safety issues. She stressed that if this is not approved as an emergency resolution, every development coming through is going to be through 1041 (full blown) whether it's an existing or non-existing parcel. This is trying to address that so we don't have to do that. Several members of the public expressed a concern that if they were does add an addition onto their homes that they may have to retrofit that whole house. A discussion ensued with respect to whether or not a property can be cleared to eliminate a severe wildfire hazard area over all of the property or a portion of the property. Clarke said that staff has said before that they don't want people to clear the property because it may be severe wildfire area, but it could be a severe wildlife area as well. Commission members said that is not the intent and that mandate will not be written into the legislation. A reporter from the Daily News asked commission members if the proposed legislation has anything to do with the budget? Commissioner Ireland said it has nothing to do with the budget. He said the issue is, if we don't act by emergency response then people who have pre-approved subdivisions and want to develop, either have to submit to the current 1041 process, which could take them a long time and money or wait until a code amendment is adopted. He said the Board's thought was, if people were concerned and there was uncertainty in people's lives, that uncertainty could be reduced by making the changes through an emergency ordinance. Mitch Haas suggested that the emergency ordinance exempt Board approved older subdivisions from the rest of the 1041 legislation until they can be addressed comprehensively. Chairperson Clapper and Roy said they have a concern about approving this ordinance until they have an opportunity look at a final draft of the legislation, which includes the amendments suggested by staff and members of the public at this juncture. Commissioner Hatfield reiterated his comments that he does not agree with applying this legislation to BOCC approved pre-existing subdivisions. It was agreed that the slope section of the proposed legislation should be continued to September I Ph. BOARD OF COUNTY COMMISSIONERS 8 REGULAR MEETING AUGUST 28,2002 /� Commissioner Ireland asked that the legislation be clarified that in BOCC approved subdivisions, someone can build on anywhere on the lot as long as they meet the mitigation standards of the plan. Chairperson Clapper called the question for approval of the wildfire section of the emergency ordinance as amended. Marcella Larsen said there was a desire, expressed by the Board that people would be allowed to put additions onto existing structures and made it clear that the existing structure would not have to be retrofitted in any way to comply with these regulations. She pointed out that there are some UBC regulations that could be applied to the existing structure,which are in addition to these regulations e.g. the sprinkler requirement and the fire marshall may require that the entire structure to be sprinkled. Motion failed with two yea votes by Commissioners Farris and Ireland and three nay votes by Commissioners Roy, Clapper and Hatfield. Commissioner Clapper moved to continue the emergency ordinance to September 11, 2002. Commissioner Hatfield seconded the motion. Motion failed for a lack of a vote. Staff was directed to come back with a revised copy of the Emergency Ordinance on September 11,2002. CONTINUED FIRST READING—ORDINANCE REZONING A PORTION OF THE CAPITOL CREEK RANCH FROM RS-30 PUD TO RURAL/REMOTE— MOTION TO CONTINUE FIRST READING TO SEPTEMBER 11,2002 - STAFF PERSON: SUZANNE WOLFF, SENIOR STAFF PLANNER CONTINUED FIRST READING—RESOLUTION APPROVING THE CAPITOL CREEK RANCH 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION, SCENIC OVERLAY, SPECIAL REVIEW AND GMQS EXEMPTION—MOTION TO CONTINUE TO SEPTEMBER 11,2002 - STAFF PERSON: SUZANNE WOLFF, SENIOR STAFF PLANNER—APPLICANT: BOB CHILD CONTINUED FIRST READING—ORDINANCE AMENDING LAND USE CODE SECTIONS 310-030 AND 3-310-040 REGARDING THE TRANSFER OF DEVELOPMENT RIGHTS FROM A RURAL/REMOTE PRESERVATION SITE TO A RECEIVER SITE LOCATED OUTSIDE OF THE RURAL/REMOTE ZONE DISTRICT AND FROM A PRESERVATION SITE TO A RECEIVER SITE LOCATED WITHIN THE RURAL/REMOTE ZONE DISTRICT— MOTION TO CONTINUE TO SEPTEMBER 11,2002 - STAFF PERSON: SUZANNE WOLFF, SENIOR STAFF PLANNER BOARD OF COUNTY COMMISSIONERS 9 REGULAR MEETING AUGUST 28,2002 /� Suzanne Wolff, Staff Planner, gave a presentation on this item as addressed in her memorandum contained in the BOCC packet. Commissioner Roy reiterated her comment from the previous meeting that she would like to see an incentive for the applicant to offer some type of employee mitigation. A discussion ensued with respect to whether these matters should be continued pending the wildfire legislation being acted on due to the fact that one of the lots (Nose Bleed Hill) is located in a wildfire area. Steve Child said a two-week delay would be agreeable to them because they are still trying to finalize some lot line issues. After a discussion it was agreed that this application should be continued to September 11`h following consideration of the emergency ordinance adopting new wildfire legislation. Chairperson Clapper opened the hearing to public comment. Suzanne Caskey, representing the SoprislCapital Creek Caucus voiced its support of the application. She complemented the Child family on their application and their generosity to the community. Chairperson Clapper closed the public hearing and entertained a motion from the Board. Commissioner Ireland moved to continue the Child application to September 11, 2002. Commissioner Hatfield seconded the motion. Motion passed unanimously. FIRST READING—ORDINANCE APPROVING THE ACQUISITION OF A CONSERVATION EASEMENT AND OPTION AGREEMENT WITH THE CAPITAL CREEK RANCH COMPANY (BOB CHILD'S RANCH)—MOTION TO APPROVE FIRST READING AND SET FOR SECOND READING AND PUBLIC HEARING ON SEPTEMBER 11,2002 Dale Will, Open Space and Trails Director gave a presentation on this item as addressed in his memorandum contained in the BOCC packet. Commissioner Hatfield moved to approve first reading of the Ordinance and set for second reading and public hearing on September 11, 2002. Commissioner Ireland seconded the motion. Chairperson Clapper opened the hearing to public comment. There being no comment, she closed the public hearing and called the question. Motion passed unanimously. LAND USE ACTIONS: None BOARD OF COUNTY COMMISSIONERS 10 REGULAR MEETING AUGUST 28,2002 /� ADJOURNMENT: The meeting was adjourned at 7:45 p.m. BOARD OF COUNTY COMMISSIONERS 11 REGULAR MEETING AUGUST 28,2002 /� ectfully submitted, ��vUl� J ette Jones Clerk to the Board of County Commissioners Patti Kay-Clapp r, gaVis' on Board of County Commissioners Pcj mj\ww\g\minutes\08282002.doc BOARD OF COUNTY COMMISSIONERS 1$- REGULAR MEETING AUGUST 28,2002 �0 11 ��h/� •2 '� z 4 n fi Tims 310 East Main Street, Aspen, Colorado 81611 PROOF OF PUBLICATION STATE OF COLORADO } ) ss. COUNTY OF PITKIN J PUBLIC NLl'I'ICF NOTICE OF If BLIC I HEARING PLP.ASIS'I'AKE NOTICE: I, Andy Stone /Jenna Weatherred do solemn) swear that I "ml the Roa"I "' Cm„dy Ilonlnhs- y simper.,h a Of thin n County,Colorado C.n will conJucl a am PUBLISHER of the ASPEN TIMES WEEKLY; that the public.Inmring u1 a Resnluunn ill 2:011 p in on Iha same is a weekly newspaper printed, in whole or in part, and file,day.d August or as anon th the Ph ns the conduct nl buslnnss n.so. At the I'ltkiCou , published in the County of PITKIN, State of Colorado and has Mainly reel,Cmi Aspen C Mixing i1611, ( F:a t Main Street, Aspen Colorado Hltill, at whlcli a general circulation therein; that said newspaper has been lnm andjdace all members of the public may up imPOL published continuously and uninterruptedly in said County of hvaThe rliw nasvllle Lime Klh,s Smbilbodun and Pitkin for a period of more than fifty-two consecutive weeks Historic Marker Prorsel Transportation E"hanre sent Cm pact next prior to the first publication of the annexed legal notice or Copies of the full text of the R.:soluflm, are advertisement; that said newspaper has been admitted to the available for ).bit,impaction loop, er to East life,e Office of the Clerk and liecnnler,5311 Host United States mails as second-class matter under the provi- Main Street.^open'Colorado,81611,Phone:'nn sions of the Act of March 3, 1879, or any amendments there- 20.5L57 NoncE OF PHeuc HEARmc of, and that said newspaper is a weekly newspaper duly qual- PLEASE TAKE NOTICE ified for publishing legal notices and advertisements within the that the Board of County Commissioners of PR- kin Coumy,Colonic.will conduct a publlc hear- meaning of the laws of the State of Colorado. Ing of an Ordinance at 2:00 p.m.on me 2eth day of August 2002.or as soon thereafter as the con- duct of business allows at the Pitkin County Com- That the annexed legal notice or advertisement was published nuenl°sere Meeting Room,.530 East Main Street, in the regular and entire issue of every number of said week- Aspen, Oo glen, it which time r,Pit be au ""-he's Colorado oI me 11,at may appear ,Pit be ly newspaper for the period of � _ consecutive insertions; heard' and that the first publication of said notice was in the issue of Min ifleatlon of fees for the Sulld Waste Center said newspaperdated(i < C AN ORDINANCE OF THE BOARD OF COON l l A.D.,20 C;_� and COMMISSIONERS OF PITKIN COUNTY, the last publicatio of said 'nbtice was in the issue of said COLORADO, MODIFYING FEES FOR newspaper dated THE SOLID WASTE CENTER i \ t L_1 A. D. 20 C` 1 Ordinance No.02-_ Recitals In witness whereof I have hereunto set my hand. I.Firkin County wishes to sal fees which are Con- \ indent and fair to the public, and which reflect the expenses Incurred in providing such services \l \ to the public. 1, \ 2. PhIsin County wishes to recover usable com- --- �'I.L• ))) m°dilles from the waste stream and to exact Ices Publisher that Induce the public to separate usable materi- als from)rash. 3.Pitkin County wishes to set fees for retail sale., of commodities that reflect current market nmdi- ubscribed and sworn to before me, a notary public in and for firms InH,n local connom, thp County of Pitkin State of Colorado, this _. 64 day of 4. The Pitkin county Board of Cmm,ty Commis- sioners has decided that It Is In the best interests A.D., 20 _ G of the citizens of PRkin County for the Solid Waste Center to begin aggressive aggregate P, c covery and produce and market new products for (SEAL) theeconomy.NO THEREFORE HERF.F01tE BE IT ORDAINED DY 'THE board of County Commissioners of Pitkin County, ^, Colorado that the following- Notary Public PITKIN COUNTY SOLID WASTE CENTER'rip FEE My Commission expires C ' �i'O SCHEDUL , be adopted,effective 30 days after final publiea- firm if v,1 ti , t . LANDFILL'I IPFIPIG LEES Compact...trucks(me a ted)-$40 per tai l Shredded loods(atsi rted)-$40 per Inn' All other trucks and usllers(unsorted)-$21 per cubic yard" Sall and Inek suitable for screening Iota taus., $2 per'able yard. Sell and rock suitable Inc sorting and I'mming in- m saleable .,it Products-$5 per cubic yard. Solt and rock salable for dolly cuvnr $5 per cu- We yard. 13rush mW Lumber-$12 Per cubic yard;reside' hal first two(2)cubic yards waived when deliv- ered by the homeowner. Scrap Metal-$12 per cubic yard. Major appliances-$10 each. Rehigerators must be certified Freon free, Motor vehicles-$20 each.All fluids most be rc- rm ved and dump Permit oblumarl from Smudl Tires-$3 each without rims,$10 each wilb rims. Carrion over 150 lbs.-$20 each. Hazardous Mmenals first flue gallons he, then $1/gall.... ALL Hazardous Maserials accepted will be received into the Ilouselwld Hazardous Waste Facility (not the landfill. Regulated hazardous ante generators nmst rereivc prior approval be- fore delivering wastes to the facility plus$0.67 Per ton for fiazardom Substance Re- sponse Fund and$0.33 for Valley Resource Man- agement' plus$0.20 per cubic yard Inc Hazard- .os Substance Response fund and$0.10 per cu- hic yard for Valley Resource Management. RETAIL SALES KES All products fur sale are subject to aysilzbility. Topsail-.$19 per cubic.yard. Compost-$20 per cubic yard. 4-5"'into,43.75 per ton. 3"minus-$4.50 per ton. 1.5"minus $5.25 per ton. 3/4"minus-$5.75 per tat. 4'Screened Rock-Si ton. 1 5"Screened Rock-$5.50 per ton. 3/4'Screened Rock-$6.00 per ton. Pipe Peddling-$5.50 per ton. Rip Wrap- boulders 18". - $20 per tat Published in The Aspen Times Weekly August 17, 2002,("192) e, 2 — 310 East Main Street, Aspen, Colorado 81611 f PROOF OF PUBLICATION STATE OF COLORADO ) — PHBI.IC Nil„CG No I ICE Or PUBLIC HEARING. S,g. PLEASE TAKE NO"(ICE: COUNTY OF PITKIN Thal the Board of Cutely C.mmissloncre nl I'il- kin of a ntyRe.Colorado will r31,, of il puhRc la:ar- b,g of a Reanhlt.n al!:Ills p.n,.fin the Idlh Aay nl Am ual, 20112, or as con Ille,enllnr as the cell- thud�d Illlslness"bows,ni the 1lenllll and Ilumart I, Andy Stone/Jenne Weatherred do solemnly swear that I se eX " 'g kl Laaue Lreek lace`hi C.IuraAn Nllil I,fit wblch Ihne:ual am PUBLISHER of the ASPEN TIMES WEEKLY; that the hers ul iM1e public umy appcar:uul[in beard: A Iuit101.u'nuN nl` rllE BUAIiD Ilr BDUrv'I'V kN same is a weekly newspaper printed, In whole or In part, and nmm Mn"wa r l lri EI e eO1"Rn, COLO A- published in the County of PITKIN, Stale of Colorado and has nior09E)ICi)IAN r;o,NO VVE Eo ER:ul.�°ciiA a general circulation therein; that said newspaper has been IER AM ICL'L VI By AMENDING SECTION 6.6 published continuously and uninterruptedly in said County of RECI TALS RESOLUTION —zoo Pitkin for a period of more than fifty-two consecutive weeks I °le(,rll'1Inlpnkh,nn file,talentCucaa,ju next prior to the first publication of the annexed legal notice or d 'y 1 ' o1111 1 pl livi it. a f the tt- governmental ,tty advertisement; that said newspaper has been "Joel" : Y I I l let l tl e ncrll Aam(es ° ;62'Nc pers'persons limp uct ri, b,o act is s as admitted to the United States malls as second-class of the Sta,) and a rummy aptc rid.,, cor("Linn any In the Colorado p itu al .0 get m,n Acl,w matter under the provi- Cl t of t pi 1 1 u - m i to 11 C.I rtulu ycandidate W'f .,I -tl I sions of the Act of March 3, 1879, or any amendments there- Ban Role 1 1 he 1i is In M1 Rear„of u t , „ tl't 'doh fileI d I 1 II Of, and that Said newspaper n ) 1 I$ ohd6). No dual. ,or pot to l ,opmdtee P Per is al,weekly newspaper dui ual' uss,Oners of the County nl Phkln('Ihe tm,n1") shnR make espendilnces In any general,n,to year.Y Q nave been duly elected,chosen and qualified. primary,nr special elect., in support or In op- Illed for publishing legal notices and advertisements within the 1 pursuant to Section 8.1.1 of file Charter and Imsition of a candidate for County Office or a meaning of the laws of the Sta of Colorado. Propose chal�k� algid comets.may ato resolution pe�dine,umlIssue esill I�ted byltheltmiti�g the Co my Charter I be ld n t-i to if, 1 tilted LOW murder Of electors registered to vole at the 'felt I Pitki County i 1,11r.1 election times one dollar($1.00). All That the annexed legal notice orLadvertisement was published In d el e board vrecognizes, ,6thatit is ws° pr ate ei t al slid es shall comply with all nrgant In the regular and entire Issue a every number Of said week- In I.ANGUAf E.ARTICLE VI I:LCC❑)NS <a,p filing r rulrements of the Colorado fin Llmitatnns nn Campaign Expendimrea amended Imm lone to time,Act of H cnndidales s that Act in any f ly newspaper for the period of_L_. consecutive insertions; 6.G1 Par]be purpose of this secihm file follow- electlon shall designate which and that the first publication of said notice was in the issue of Inad(Il.I t 1 llarl'ly gn ;)mines] rim it- ''i_ person I I t title t i with Ih ,rid dalecampaign, said newspaper dated I i / p - - rditc for nffec: Ad 1 r Ily all politicalcommittees shad b. A.D.,20 C) h , and f h i 11 Iy , o n s h nt tine to s ek [ afrd T f rya I. t n demo f pl' g de- the last publication of said notice was in the SSUe Of said election 'by el"tile County llive has filed g d p den from any candidate will I'm County Cie,and Re o I r his or her the political Imenhatill. Affulava,.I d.cl- newspaper dated ` 'rating let'[""I 1 h Ifl a Or has been 'Joe call nd,t O.dene muxt be filed.,in the A. D. 20 L' chosen to fill,vacancy„n the Board of County County Clerk. Any political commute e not fit Commissimlem. such an affidavit may not coolest o expend ri b.Election. "Election means any general,If- ey or contributions in kind In support or Opp osi- In witness whereof I have hereunto set my hand. obey,or special election held within Pitkin Coup' tion of any candidate or County ballot Issue. a I ty at which any issue is submitted Ie the elector- Cannty Clerk shall publish the names of all candi- ate or person or Pers.ns are cart-ficd to appear call and political committees not in compliance cot the hallo( at the general election for, o with the election provisions of the Charter no lat- j r are Selected to, the office of County C r County As- er than ten Repealed days priorre all electtuts. , � Shcrli[.County Clerk and Recorder,or County As li.fl3 Repealed In its entirety.t - ' lessor."Election"Includes any Initietve,refree. fi.6,4 All record, .l expenditures shall be I dmn,recall,primary or charter election. enter,filed and retainer)as ex,obe l by the provi- c.Expenditure. 'Expenditure"means the pay- lions oI the Colorado Campaign Reform Act of elect, pledge, promise of payment of money.r 1974 failure to comply with the provisions of Subscribed and sworn to before me, a notary p ublie in and for anything or value,or other obligation,loan or ad- this section shall have rip elfea no the validity of vane of money,whether Or not legally euforcea- any election, issue or bonds Issued pursuant to t County of Pitkin State of Colorado, this Ste_ ble,nr good',materials,services or mcilites,by law,except as provided I,,sect on 6.6 a, day of any person (including the candidate), political 66.5 Any candidate who knowingly violates C A.D., 20 C_ , committee.or agent of any of them.for the pur- any provision of this section,Or who conspires pose of influencing the passage or defeat of any with another to violate any provision of this s t sues,.r the nomination,certification,retention, flan,shall,in addition to any Other penalties pro- (SEAL) elector,or defeat Ol any candidate elded for by law, be denied his or her right to I. Issue. "Issue" means any proposition take oath for the office to which he or site was submit- decent.unless he or she has already taken said fed by the Board of County Conm,issioners,or in- oath,In which event,ibe O/Bee shall be deemed Notary Public hated o referred announce,or charter adoption, vacated and shall Ile filled as otherwise provided repeal or amendment which Is to he submitted to by law. My Commission ex IfeS �� _� Z the electorate for their a P � P,r.vui fir election. An 6.6.6 An person who violates any provisions Issue includesfile recall nl any officer as Inay be of Section 6.6 is guilty of misdemeanor and, ro pvided by law. uponn concoction,shall be pulnshetl by a fine no[ e.rt Person 'Person'shall mean tiny Individual, exceeding core hundred ($10000)A.11ine, or by partnership,corporation,asaoclation, firm,co1P huprisonment it, the County jail [Or col more (�ULIrfGLbt� /IEX/ d>>F�i J 2- Iha 1 ten I Ip days,In bulb un IF fail aid triple, I gr 11 If pols I I t v(I r iaulzr °r it Iulltl J I rmille,. 'I Iltl-a16Corn Ili. IY pollard, of IN sewn1 or wen n li rev 6,1. I'I e.Vrovislons of Ih1 S-'li 1I shall 1 tll 1 eve the same n and gas Is et lone In th I1b souther M caudate any uncilslou of tl Ism e Jor.live Iron and altar ,lanuary I,1981, Coluradn 17-I1 Campaign Vlnn,shall 1 addltloll t r any ulher Penalties pre- PROPOSEII AMENDMENT I'racticea,Ira,C.R.S.9 I- Ided lrr by law, be denlnd ills or her right m If.li Cant I i h.56 of N amended. lake oath for the office to which he of she was pfi a Impose ,,I and fxp tale fill. f.fi.2 No person shall make A cmnribution in nn elected, unless he or she has already taken said 6.d.1 Far the hall ape of this secrinn the Inflow. nunl which exceeds five hundred dollars Fault, is which event the office shall be deemed In I,Candidat shall apply- (3500.F1Ip to any ea"dli ,, ,, an.Candidate. A yermn is a candidate for nlfle, nmmittee far the Fur Y Oolllical balm«I and shall be filled as otherwise provltletl II he or she Publkiy Areal rees his nr her Inter- purpose of supporting or ury by law. t ek tl to Poland rg the nom'nellon reredlon eledlml v de 6.6(i \ Y I Ill... VIIII.11m,nay provisions nal of l l ❑h 11 ( Y ti County IY III leaf I any !and Wade All poltical c.dda, ,e d this 5 tl a s guilty I nl d sour and 11 i nl..LI k I l -. 1 1 Is shall rdy with all arga - snood and filing - I m'Intel'till" .hall b pen gibed hY a F u-nut h- rl Ir, l LU f 1 1fle a, has ou-nmes of the Cilia,On Fair Campaign seen I1 .e t fill - y tie Beirut f Pag ding s Ir 1 b (61D, al 111 by u tY L ll I 1 -e Alt,ns designate All candldalea n any el es o C shall h tine celn any pohlkel'omndtl,- ( Man ten(III)Act till 1. IY I l f rot r r b.Grnhlh II a se ad Palmer,at F the Pay. I1'al I with Me sand dales campaign mmenl. days,nr both xuw In1e-Ind-nlpris- n'[' plcdgr•. a pinmise ul aymnt of money or Addulonally,Ill political ..mitt,el seat sub 6.6.]'Chc provisions of this Sectlon f.(i shall be Y I m value;or thee,oblt not legal loan or ad- left an affidavit of organization demonstrating Fee- effective.[ram And site,lanuary 1,2001 fiance of money,whether Fr not legally enf�rcea- fill,nr goods,mat,rlats,servlcaes or 1nclliUes per 'islon nuking independence hum any cmrRidata FTNDINCS elided to my canditlale o,to any politkad cum- or other polakel connniltee. Affidavits of Feel- The Board finds that the foregoing provisions are 'I'll"for the purpose of se o oorlin I S soon making Independence must be 1,,with Me necessary to Prevent...Coined and the appear- the enunciation, retention,election,or delcat"Fitat County Clerk. Any political comialto,e not filing 'e of cortuptiml in govenimenl mkt the poliri- ;my canlifda[e. "Conlribollon"includes airy coon ''rich' affidavit may not collect or expend moor cal process'. 'Fee"corrosive end culturing effects (heated expenditure,as refuted b,iow. -Y lit❑ [ ""'In support or of p f mall yg .garcon. I nth.. \ t - C,sordileded Expenditure, Coartl aced _ tire f an, ded det The County Clerk .flat Ml chlgan Crear,an. of C Ile- e AM alb. 652 11nditur, Fr - e fiend tune mode by or, I bl' h the Fes of ell F andldates and Pol f al C60 (199(j) till I I'i cal process have been Pelson In "Fuldinatme. cool t r sett l itt es not'"complaner,with the 4e ti> dl caused United States Supreme I- - c t with t II r Previsions 1 theCharter no later than ten(10) Court fee! Jot]'g k 1u B d,,v.Vafeo, -I . hb d Y cal., all J 1 424 U.S 1 (1976), The d g-, chat unregulated t'trained W'1 1 are l' d as cl C o 5.h3 All c I- ti ❑hay y Vddfcd process pose-n t urines, the's laid- p Ill � e treated th- "lone In tie f n[ rrk b All "tips ❑ x shall be ...In d to the have been detailed m among other authorities, S s1 till cool 'but on I' Ilia- clerk by therec plenl b aeeortlance with the p I ' t F kith 1 I F.. f this CI' t pro Federal Decimal Commission d.Colorado Re ub- I.L1,sior CI C ea 1 Pr visions of the Colorado Fair Campaign Pra'rir,s CcanOO federal Campaign Committee, 533 U.S.g31 - Y K Act as amended many fie' Ilertion held w sar Pekin Court- All enerdinated ex ntllplrcs,and all lode (z6Dq- File Bnerd Ends that these Rangers are,ll ty at which any pennn or persons are certified to Pe Pend- anything.more pronounced is Pdlkln County than appear"n the halter at Ill,general el,,Ilae Ica end expenditures in excess of $250. shall be re is other parts of Colorado der to the crmposi- J eta 1 to the offs, i I County Cmeau, ate 1 to the clerk by the person making the ex- tlon of the reality comenuallty 1 shedlf Clanall Clerk and R cogier. r, Pend[ re no later than one week after the funds NOW THEREFORE DE IT RFSOWED BY THE County A.ses delivered, committed or obligated Prov d- BOARD OF COUNTY COMMISSIONERS OF PITKIN c Expendhnre. 'Expenditure"niters the pay- ed,that"Purting of FxpendMres mrdel this sea- COUNTY, CDLORADO, that the Following Pro en,ta, Plei 'emuse of p"Yme"t 01 an"ey or till" ]'lost be fardomed no later than 24 holes posed amendment to the Charley he submitted to anything Fi value,or other ubllgatfon,loan or ad- Fite' funds all delivered,committed,or obllgal- the qualified ej,,,n, of Pitkdn County Purs"anl v" .of m"r1FY,Merrill'or not legally enter,es" ed if the expenditure is made in the eight days to Section tl.l.l of Its Charter and C..ICS-§30111- ble�or goods,na leredsr services or 1adl"I'l by preceding the election. The report In the clerk 506,as a ballot questbn. any person,political commit[,,,o,agent of any in, the lelmnot expenditure shall Inelede the SHALL SECTION 6.6 OF 'FHF PITKIN COUNTY of them,For till Purpose of iothonctng the nomi- name and address of the person making the ex. CHARTER HE AMENDED 'DO HARMONWE THE "noon,retention,election,or defeat of any candl- pe ectBare,the amount Inthe expenditure, a de- CAMPAIGN FINANCE PROVISIONS WITH FEDERAL Flair, failed dese 1ptlon of the use of the expenditure, "We L Independent Expenditure An"Independent and the name of the candidate who the expendi- Copies of the In"'Resolution are available Expenditure is au ex i ture is intended to support o,oppose. Public inspection at the Clerk and Recorders I pendirure that is not a lour for tllu.Pe,fl expen Parse. Failure to comply with the provthe a idit of this Cifner, ColoradJeanetteo Jones,at 530 g r Mina Streete s- g.i'erarn. "Person"shall mean any individual, section shall have no effect dsure the validity of any hours Colorado 81511, during regular business Varinersliip,corporation,association.firm,c election,issue or bonds issued pursuant to law, hours. matter, governmental Funny, "r other "Ficu cl ex provided rapt as� In Sectim 665, Published In The Aspen 'fames on August I�, b6 Any candidate will knowingly vlalal s 2002,(M9192) 0Tzz Asrzs' T:mzs i 310 East Main Street, Aspen, Colorado 81611 5 PROOF OF PUBLICATION f> STATE OF COLORADO } } ss. COUNTY OF PITKIN PUBLIC NOTICEGIVEN s, } NOTICE IS HEREBY GNEN THAT an elec- tion will be held within Puldn County on Novem- I be,5,2002,at the lawful polling places designat- ' ed for each precinct between the hours of 7:00 I, Andy Stone /Jenne Weatherred do solemnly swear that I a.m.and 7:00 P•m.and that the Board of County COmmiselonera of Pitkin County.Colorado does am PUBLISHER of the ASPEN TIMES WEEKLY; that the hereby submit to the electorate at such election, the following question regarding Proposed same is a weekly newspaper printed, in whole or In part, and changes to the Home Rule Charter: published in the County of PITKIN, State of Colorado and has CHALL HARTER B AMENEo OE PHARMONIZEITKIN COUNTY T E a general circulation therein; that said newspaper has been CAMPAIGN FINANCE PROVISIONS WITH FEDERAL LAW? published continuously and uninterruptedly in said County of PROPOSED AMENDMENT ARTICLE VI ELECTIONS Pitkin for a period of more than fifty-two consecutive weeks 6.6 Campaign Contributions and Expenditures next prior to the first publication of the annexed legal notice or deft For the purpose of this section the following P P 9 definitions shall apply: If advertisement; that said newspaper has been admitted to the a.Candidate. li person is a candidate for office intentionhe or she 4knnounces his or her t County office,has to seek election publicly any elective United States mails as second-class matter under the provi- ,Ilea with the County clerk and Recorder his or sions of the Act of March 3, 1879, or any amendments there her nominating petition for such office, or has of, and that said newspaper is a week) newspaper dui nual- been chosen to fin a vacancy on the Board of YY q County Commissioners: If led for publishing legal notices and advertisements within the b.Contribution. "Contribution"means the Pay- ment pledge,or Promise of payment of money or • meaning of the laws of the State of Colorado. g anythin of value;or other obligation,loan or ad- vane of money,whether or not legally enforcea- ble;or goods,materials,services or facilities pro- vided to any candidate,or to any political com- That the annexed legal notice or advertisement was published mfit"for the purpose of supporting or opposing ,l In the regular and entire issue of every number of said week- the nomination,retention;election, defeat r- � any candidate. "Contribution"Includeses any coor- ly newspaper for the period of_� consecutive Insertions; dinated expenditure,as defined below. Coordinated Expenditure. "Coordinated expen- and that the first publication of said notice was In the Issue of dltme"means an expenditure made by any per- consultation,^' son in coordination, cooperation, consultation, said newspaper dated�A.D.,20 ,and or concert withor at the request or suggestion the last publication said notice was in the issue of said of,candidate or agent of a candidate. Coordl,, oared expenditures are Heated as contribution ^ s, newspaper dated A. D. 20 0 and count against the contribution limitations set forth in section 6.6.2 of this Charter. d. Election. "Election"means any general,pro In witness whereof I have hereunto set m hand. nary, h special election held within certiitfunfied ied to y ty at which any person or persons are certified to appear on the ballot of the general election for, or are elected to,the office of County Commis- sioner, Sheriff, County Clerk and Recorder, Or County Assessor. e. Expenditure. "Expenditure' means the Pay- .� , Ublishfa ment,Pledge,promise of payment of money or anything of value,or other obligation,loan or ad- of money,whether or not legally enfomea- ble,or goods,material,services or facilities,by Subscribed and sworn to before me, a notary public in and for any person,political committee,or agent of any of them,for the purpose of Influencing the nomi- the County of Pitkin, State of Colorado, this 0( day of nation,retention,election,or defeat of any candF _A.D., 20 sate. �� Independent Expenditure. An"Independent Ex- penditure"l an expenditure that is not a council— hated expenditure. 1 (SEAL) g. Person. "Person' shall mean any individual, Partnership,corporation,association,othe firm,organiza- tion com- mittee, governmental entity, or other Nota Public or group of Persons(however organized). Notary h. Political Committee. "Political Committee" My Commission expires �w�• shallColo ado theFair Came meaning as is At forth in the ' 1 Colorado Fair Campaign Practices Act,C.RS.6 1- 1 45-103,as amended. 6.6.2 No person shall make a contribution in an .4 amount which exceeds five hundred dollars (35fp.0o) to any candidate, or to any political comm ittee for the purpose of supporting or op posing the nomination,retention,election,or de- feat of any candidate. All political committees shag comply with all organizational and filing re- quirements of the Colorado Fair Campaign Practi- ces Act,as amended. All candidates In any elec- tion shall designate any POIIM-i committees af- filiated with the candidate's campaign. r Additionally,all political committees shall submit an affidavit of organlz rkm demonstrating deci- sion making independence from any candidate or A� other political committee. Affidavits of decision / I making Independence most be filed with the County Clerk. Any political committee not filing such an afdvit my not collect or expendmen.- ..1-1.---—u-a 1.,a,...t or 0000si- on or ally publish the names of all candidates and political committees not in compliance with the election provisions of the Charter no later than ten(10) -days prior to all elections. 6.6.3 Repealed in its entirety. �l 6.6.4 All contributions shall be reported to the clerk by the recipient in accordance with the pro- visions of the Colorado Fair Campaign Practices Act,as amended. All coordinated expenditures,and all independ- ent expenditures In excess of$250,shall be re- ported to the clerk by the person making the ex- penditure no later than one week after the funds are delivered,committed,or obligated. Provid- ed,that reporting of expenditures under this sec- tion must be performed no later than 24 hour after funds are delivered,committed,or obligat ed if the expenditure is made in the eight days preceding the election. The report to the clerk on the relevant expenditure shall include the name and address of the person making the ex- penditure,the amount of the expenditure,a de- tailed description of the use of the expenditure, and the name of the candidate who the expendi- ture is intended to support or oppose. Failure to comply with the provisions of this sec- tion shall have no effect on the validity of any election,issue or bonds issued pursuant to law, except as provided in Section 6.6.5. 6.6.5 Any candidate who knowingly violates any provision of this section,or who conspires with another to violate any provision of this section, shall,in addition to any other penalties provided for by law,be denied his or her right to take oath for the office to which he or she was elected,un- less he or she has already taken said oath, in awhih event the nd s i ce shall be deemed vacated hall be filled asotherwise Provided by law 6.6.6 Any person who violates any provisions of this Section 6.6 so is guilty of a misdemeanor and, upon conviction,shall be punished by a fine not exceeding one hundred ($100.00)dollars, or by imprisonment in the County jail for not more than ten(10)days,or both such fine and impris- onment. 6.6.7 The provisions of this Section 6.6 shall be ef- fective from and after January 1,2003. Early voting: Will be available from October 21, 2002 through November 1, 2002 at the Pltkin County Clerk s Office' 530 st Main Street Suite 101,Aspen,Colorado 161 a 81611. Phone 971t-920.5180 Absentee Ballot: You can apply for an absentee ballot 29 2002 f you request yourlbaloughll t be.mcailed to Youior through Novem her 1,2002 if you apply in person at the Pitkin County Clerk's Office 530 East Main Street Suite 101 Aspen Colorado 81611. All ballots must be received back no later than 7:00 p.m.election day(November 5,2002). Copies of the full text of the Resolutions are avail- able for public inspection from 8:30 to 4:30 In the Office of the Clerk and Recorder, 530 East Main Street,Aspen,Colorado 81611 Phone:970-920- 5180 Published In the Weekend Edition of The Aspen Times on September 7,2002,(9290) TRZSPAN TZM: / 310 East Main Street, Aspen, Colorado 81611 PROOF OF PUBLICATION STATE OF COLORADO } ss. COUNTY OF PITKIN } I, Andy Stone /Jenna Weathemed do solemnly swear that I am PUBLISHER of the ASPEN TIMES WEEKLY; that the same is a weekly newspaper printed, in whole or in part, and published in the County of PITKIN, State of Colorado and has — -- -- a general circulation therein; that said newspaper has been NOTICE OF PUBLIICE BEEARINC PLEApublished continuously and uninterruptedly in said County of ,hat it,,Board I cuu�hC,mmsrl er.Of pitPitkin for a period of more than fifty-two consecutive weeks kI°County t'olOrado wm conduct I Public hear next prior to the first publication of the annexed legal notice or ; A-la st Ordinance, 1„z ;',°r,e„the th`eI oar advertisement; that said newspaper has been admitted to the di'"'It 1ina;ness Imowa at the Mind county Con, United States mails as second-class matter under the rovi- n,lasin,me lodMeee Al Ro in ue,1, t Man Street, p Aspc ( lumdo A1111 -( III !1 e Ind place sions of the Act of March 3, 1879, or any amendments there- 1 ,eiilirs °"b"ii1i°" "ay ap" ' ..ad be of, and that said newspaper is a weekly newspaper dui ual- AN )1DINANCi;OFTHE BOARD ofCoumy ified for publishing legal notices and advertisements within the ORADO ADOPTING RS OF AillMENDMENTS ry COL !OMMISIONENOAMFN IN COO r0 IHE meaning of the laws of the State of Colorado. SEC nC CON 3 9U.SUBDIVISION DXEMPFR)NSII Recital. That the annexed legal notice or advertisement was published 11 1'he Board of County Com delidn e (BOCC") dheeted the prepom 0 ,f amendment, In. in the regular and entire issue of every number of said week- Article t P III C...t I,190° Sannii"Ac° r emp,iu,,. ly newspaper for the period of�_ consecutive insertions; ' S"ble" 'o n mandmory twr.atel ,pedal rO and that the first publication of said notice was in the issue of �e P°D eatt]. and re °" ' '"' th ` con I n nts Ilow,he 13 a d It, unty I n eI- said newspaper dated C 117, A.D., 20 "' ' 1O p Ii" a n, ° mp, f r . and certain lad I' Bunn lied gn'Fcantly ad vanc the last publication of said mi5tice was in the issue of said the public io(VI rpose ,f mOv du g urban affordable newspaper dated Y' , 10 A. D. 20 s. The Docc rods that the prom d amend ments 10 the Code wall,ubstanCally adance the Pi[km County In witness whereof I have hereunto set my hand. pubi,cheahb lately Indwmlareolthe „Iz,n,oI _ 4 The Planning and Zorn,( ndr, on reviewed the Code ..'alchatc.l. ate 11 g eg lady scheduled public meet) and made a recmnme, nation to the BOCC 1' 5,1'he BOCC considered the amendments at Wst rending on August 14, 2002 and Login,approved PN IStIQf the amendments on second reading at a dui need public hearing on August y 20U2 Subscribed and sworn to before me, a notary public in and for NOW, THEREFORE,Commissioners ORDAINED eeY , the Pitkin n County o t e County of Pitkin State of Colorado, this amentl the Pitkin Cm unity Land Ilse Code as con _ day of ,coned In Attachment A(amendments to Article A.D., 20 , 6�_ , (II,section 3-190,Sundieldon Exemptions of the Pitkin County Land Use Code), AMehment A (SEAL) idd and Adopt the Following Section to Article 111, section 3-1911,Sebdrvsion Cxempthed,Of the Pitkin County Land Use Code. Notary Public nitsodso U ban mhudable Ho sing(-AH) In My Commission expires rl-f, -0 Subject !° � ,mandatory two-step sped l ev,ew PUD rev w Intl Ilium,g to AH s, the B and of County,ommiselaners may permit a subd v smn exempt iun for certain Innd llegain,that sg,uh �rG'it rrbnUep �}i y� I,"!eloped❑reelopmenl Reviews. 'rhe III lowing concurrent development review apprrrvals shall be required(" I to IUons g 60 for prz,ce- duress and 54) for sulabodue content dere. additional approvals may be required as well) a, fen,step special reviewoomdivislon ex" i.rnptlmr rattly advance till public normal of providing h.iwnstop PUD oxnw; and mhan.Ifortluble[..using[.dill, r 'rwo step rezoning. A.Minimum Standards. 2 "tool flat Map and Heed ,,r,.,cjIqWithin lit addition to lbu standards Inn q...lot review, III ly(.III)days after approval of any special rrs VIA) and rezoning approval the lollowiug fifthL Aria,vnbdivislon exeopbnn,p far ttI'll nuh dealt. Intl standards shall apply tit the subdivision ex- opmmd and reeonl.g to A112, empire.In,Ali milli. I final ,]at nap that conf tin 1n life re,gin 1.Hrbat(irnwth Helen a,Arc.Reslrlellon. 'I'tie menus ill n lit)-IIJO.vital)be preferred and rec.nled sulxllvismn exemption shall be available within 2, Allporters the Aspen Urban Growth Boundary Area only. A deed resvietlun In'the Aft"G portion of the 2. Developed Parcel RestrlUlun, mmindlon on properly shall be recorded that meer. the in IMvea,guont of Nonconforming Substandanl qun"In" W the County Attorney. "This deed in, .51zed Remainder Parcels. The .odalie si.n ex unclion shall'ndudc at a adnimum a deed re empire,shall be avillahle d developed proper- s(ricimn for elect,un't;md c.legery of.dmrdable ties ally. Remainder parcels(i.e.,file parcel that housing and a prohibition of mandrel nccnpletl Is retaining Miler the affordable housing Parcel is and free "nickel Aevelopment no if,,. AHI2 divided Iron, the original parcel) that a ren- p.rcel(sJ' dered nonconforming in size through therulliba- J. if till renwinAer parcel is mncoubna,ing in but of the exemption will be treated as fully de- siz a clod Is'd1de, shall be recorded fhal velnpetl and a deed reatrichnn approved by the mocts the r...'remm..ts of tine Prouty ADnnrey County Attorney rellecting that status shelf be co- s. , pisin of Devempment dppmvuls. gclocd provided however first the deed realric subdivision exemption s VruvlAed to furies,fire Jon Shall not affect say ability to re armlet and/or public 'tiered 'n coordrsated, opened, allonda- replace exist g structures as nay otherwise be z ble housing mull In,,occurs within a reasormble allowed by these regulaho a so long as there is human o1 time. Therefore,In furtherance of tie no increase in floor area or change to the existing public interest,the exemption and all associated building loolpdtt. No additional subdivision approvals 'nclorling: special review/subd,vtsiu shall be permbed on nonconforming sorden- exemption approval PUD approval and rezon'n� cards zed rematnder parceb. approval shuli expire alter three (3) years 11 a 3-Comprehensive Plan of Development Rermard, building permit for development on the AH 3 par. A comprehensive plan of development for the cel has not been issued, t he special revo wlsub- property shall be required that fully identifies all divsin, exemption and PUD npprov.I shall ex- contemplated development on the property, in pure m their own accord,and the expirntlon of ,iodine,but not limited to: a site plan that clew- the AH-2"a ,ng shall case the zoning to revert 1,i1iIaates the area of proposed Aevelopment to if .,,Ina'x.ne l he dnard of County Cont. (additional review pursuant to section 3"g0 may " miss)men n extend the devel aopnu.nt p m6 be centered as well); a breakdown of the type of - vat to ,I I of one year if 1,-is shown that sub development proposed Including:any additional start I,hood faith efforts have been made to be development proposed on the existing parser, To dvvelupment of the,i[ortlable hosing repro- unit type,size,height,the type of deed reslriC- sented in the comprehensive plan of develop ttion (sale or rental) and category of affordable recut ail that suet development at'Il medallist- housing. 'rids exemption may only be utilized h furthers the publics interest n affordable once for each property to ensure that develop housing fill]?Aevelopment. meet proceeds m u comprehensive,planned lash- Cop ev of the full I'll of the Ordinance are ion. avuila le for public inspection Irma 8,30 d 4:30 d. Rezoning to All Required for New Parcel; In the Odle of the Cle k and Recorder Si0 East Original Zoning Retained for Remainder Parcel. Main Street lspen,Colorado glbl l Phn m_9911- The newly created parcel shall he rezoned to AH- Publishe 2 concurrently with the grant of the subdivision Published In The Aspen Times on August 11), exemption. The new parcel created through the LI)OL.(91 bit) subdivision exemption shall conform to each and every requirement nl the 4H-2 zh a district ,lading minimum lot size. The remaining parcel shall retain its original zone designation and is permitted to be rendered nem,raffilmaing through the creation of the affordable housing parcel; provided.however,that the development .1 a nonconforming remainder parcel may be If. "fed as provided in section 1190 60(Ad(2). 5.PUD Conditions. The grant of a subdivision ex. emotion Is subject to a concurrent two-step PUD review, In addition to all ocher i ppropdate c ditinns, all PUD approvals shall be conditioned on a permanent prohibition on all resident occu- pied or free market housing ren the AH-2 zoned properties. h.Advancement of AACP,Housing Guidelines and Other fight Policies. Refrre as exemption is granted, the Hoard of County Commissioners must find that the comprehensive plan of devel- opment advances the Mon. Area Command, Plan; is consistent with the Housing Guidelines; ,,snit(orders other infill policies.)the County. H,Process and Expiration of Development Appro, val.