HomeMy WebLinkAboutbocc.res.089.1999A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHORIZING
PITKIN COUNTY TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH THE
BRUSH CREEK METROPOLITAN DISTRICT
RESOLUTION #99-
Recitals
1. Certain landowners in the Brush Creek petitioned the Board of County
Commissioners of Pitkin County to order an election on the question of whether Brush Creek
Subdivision, located within the Brush Creek Metropolitan District, could be incorporated as a
separate entity; and
2. After a series of hearings on the issue, the Board of County Commissioners
issued Resolution No. 96-206, which refused to permit the petitioning Brush Creek landowners
to proceed with an election on the issue of incorporation; and
3. The petitioning Brush Creek landowners filed litigation against the Board of
County Commissioners pursuant to C.R.C.P. Rule 106, styled Brush Creek Landowners
Association v. Pitkin County Board of County Commissioners, Pitkin County District Court
Case No. 96 CV 198. The complaint has not yet been served upon the BOCC; and
4. Subsequent to Resolution No. 96-206, and the filing of the Rule 106 litigation, the
Brush Creek landowners and the BOCC have engaged in negotiations to reach an amicable
resolution concerning the needs of the Brush Creek landowners. The parties now desire to enter
into an Intergovernmental Agreement which would help resolve their differences.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO, that the BOCC and the Brush
Creek Metropolitan District enter into an Intergovernmental Agreement for the purpose of
granting the Brush Creek landowners greater determination of their own affairs and those of the
immediate neighborhood, and authorizes the Chair to execute the attached Intergovernmental
Agreement on behalf of Pitkin County.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE
22ND DAY OF APRIL, 1998.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION
OF THE ASPEN TIMES ON 18TH DAY OF APRIL, 1998.
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APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE
12TH DAY OF MAY, 1999.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 22ND DAY OF MAY, 1999.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
J:'. nette Jones / Leslie J. Lamont / /
reputy Clerk / Chairm J
Date: ( ) Y.2, 11) I / 7 9
APPROVED AS TO FORM:
John M. Ely
Conn -' rney " County Manager
I/resos/bcrkiga.res
uzanne Ko5>I han
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CONTRACT # we,
APPROVED BY
RESOLUTION INTERGOVERNMENTAL AGREEMENT
# I% _ BETWEEN BRUSH CREEK METROPOLITAN DISTRICT
IT
, AND
PITKIN COUNTY, COLORADO
THIS INTERGOVERNMENTAL AGREEMENT ("IGA") is entered into between
Brush Creek Metropolitan District ("Brush Creek"), a Colorado special district, whose
address is 500 Juniper Hill Road, Aspen, Colorado, and the Board of County
Commissioners, Pitkin County, Colorado, whose address is 530 East Main Street,
Aspen, Colorado ("the County").
1. Recitals
1. Brush Creek provides a variety of services to the residents within the district
in Pitkin County, Colorado.
2. Certain landowners in Brush Creek petitioned the Board of County
Commissioners of Pitkin County ("BOCC") to order an election on the question of
whether the Brush Creek Subdivision which is located within the district incorporated as
a separate entity. The Petition was styled In re: Statutory Incorporation of Town of
Brush Creek, Colo. Rev. Stat. '31-2-101 et seq., and Adoption of Home Rule Charter for
Town of Brush Creek, Colo. Rev. Stat. ' 31-2-201 et seq., Case No. 96 CV 84-2 ("the
Petition").
3. After a series of hearings on the issue, the BOCC refused to permit the
petitioning landowners to proceed with an incorporation election. BOCC memorialized
this decision in Resolution No. 96-206 ("the Resolution").
4. The petitioning landowners thereafter filed a Rule 106 complaint against
BOCC, styled Brush Creek Landowners Association v. Pitkin County Board of County
Commissioners, Case No. 96-CV-198 ("the Rule 106 Action"). The Rule 106 Action has
not yet been served on Pitkin County.
5. Subsequent to entry of the Resolution, BOCC and Brush Creek have engaged
in negotiations to determine whether there might be an amicable resolution of Brush
Creek's needs and those of the landowners. As a result of such negotiations, the parties
desire to enter into this IGA for the purpose of giving Brush Creek greater determination
of its own affairs and those of its immediate neighborhood, as set forth below, and
focusing the parties' attention on such solutions rather than on the Petition or the
Rule 106 Action.
II. Agreement
NOW, THEREFORE, for good and valuable consideration, the parties agree as
follows:
1. Utilities. The County recognizes that the operations of utility companies
(telephone, natural gas, electricity, cable TV and any other service provided by wires,
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pipes or other permanently placed physical means to residents within Brush Creek)
within Brush Creek, if not closely regulated, can result in damage to the Brush Creek
water and road systems. The County agrees that, within the limits of its powers, that the
following procedure will be followed in respect to all utility operations (including,
without limitation, installation, maintenance, and repair, but excluding the operations of
the Brush Creek Metropolitan District in repairing, improving, or maintaining its
facilities) within Brush Creek:
A. The County will immediately notify Brush Creek when it receives
requests from utility companies or their contractors or agents for permits to
install facilities, perform maintenance, make repairs or conduct any other utility
related activity within Brush Creek.
B. Permits will not be issued for any utility operations until the County
has received all of the following: (i) written concurrence from Brush Creek; (ii)
written agreement from the utility company agreeing to comply with a set of
restoration standards, if any, to be provided to the County by Brush Creek, or, if
Brush Creek has not developed such restoration standards for the project within
fifteen days after receiving under subparagraph A hereof or the utility refuses to
agree to such restoration standards, the restoration standards of the County shall
be imposed on the utility; and (iii) a restoration bond supplied by the utility
company. Written concurrence from Brush Creek shall not be required if Pitkin
County is required by law to issue a permit. Pitkin County shall nonetheless seek
to condition any permit issued according to the standards provided in this
paragraph.
C. Restoration bonds will not be released and the County will not issue
further permits to any utility company for activity within Brush Creek, unless and
until both the County and Brush Creek agree that the work has been completed in
a manner acceptable to each of them.
If any utility company undertakes the installation or repair of its facilities
without first seeking a permit from the County, Brush Creek shall notify the County.
The County shall be responsible, within the limits of its powers, for stopping such
undertaking and for requiring the utility company to follow the procedures outlined
herein. If these procedures are not followed and Brush Creek determines that its
facilities have been damaged, Brush Creek may ask the County to remedy the deficiency
either through the County's efforts or by compelling the utility company to effect the
necessary remedies. Brush Creek shall retain the option to cause the repairs to be made
(if in Brush Creek's judgment it is likely that delays will occur that further endanger or
compromise Brush Creek's facilities) and deliver the bill to the County whose
responsibility it shall be to reimburse Brush Creek through the utility company's bond.
If payment by the utility company or the utility company's bonding agent is not made
within 90 days, the County, to the extent permitted by law, shall take such steps against
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the utility company as may be appropriate and necessary to restrict the conduct of the
utility company in Brush Creek in the future until such amount is paid.
The County and Brush Creek also agree that it is in their interest to take all steps
necessary and appropriate to remove overhead utility lines in Brush Creek. The County
agrees to cooperate with Brush Creek in its efforts to accomplish this objective,
provided however that nothing in this subparagraph shall create a financial obligation
for the County.
2. Road Fund. Brush Creek and the County agree that certain road
improvements or major maintenance projects are planned for Brush Creek including that
certain project denominated "Brush Creek Roads Rehabilitation" consisting of drainage
correction (the correcting of pavement pitch where necessary to insure that, wherever
possible, water drains from the pavement into a drainage ditch, improvement of ditches
where required, and repairs or improvements to existing culverts to insure proper
drainage), local reconstruction (repair of areas where road base failures have occurred
by removal of existing pavement and replacing road base and pavement, widening the
existing platform where prudent (especially at the turns)), and asphalt overlay
(installation of a leveling course with a minimum thickness of two inches and, where
appropriate, three to five inches, over all Brush Creek roads which includes Juniper Hill
Road through Cozy Point to Highway 82 and striping) (collectively "the Project"). The
County agrees to spend a portion of any new or increased taxes levied by the County for
the purpose of road improvements, road maintenance, or road repairs to complete the
Project within five years after the first year in which such taxes are collected. The
County and Brush Creek agree that the schedule for the Project must, of necessity, be
subject to modification to allow the County to deal with emergency or unforeseen
situations. If the County deems such modifications necessary, the County will notify
Brush Creek and the entities will develop a revised schedule. Nothing herein, however,
is intended to relieve the County of its obligation to expend the funds for the Projects
within the five-year time frame described above.
In the event Brush Creek undertakes major road work as a part of the Project that
requires financing through bonded indebtedness prior to the availability of the new or
increased taxes described herein, such taxes may be used at Brush Creek's direction to
retire such indebtedness once they become available; provided however that such taxes
shall only be used to retire no more than $500,000.00 of such indebtedness .
The County and Brush Creek acknowledge that the intersection of Medicine Bow
Road and Brush Creek Road is inadequate and substandard and has been budgeted by
the County for improvements to be completed no later than October 15, 1999, unless
delayed as a result of the need for land to be acquired by acquisition or condemnation to
accommodate the intersection alignment. The County shall be responsible for securing
the appropriate rights of way to accommodate the intersection alignment, provided
however that the County shall be responsible for the payment of a maximum of
$35,000.00 to secure such rights of way and Brush Creek shall be responsible for any
amount that exceeds such amount, if any.
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3. Road Weight Restrictions. Roads in Brush Creek are subject to seasonal
weight restrictions. The County shall pass an ordinance that permits the County to
delegate to Brush Creek the responsibility for determining the effective dates for such
seasonal restrictions on an annual basis depending upon conditions. After the passage
of such an ordinance, the County shall so delegate such responsibility and the County
shall implement the restrictions based upon Brush Creek's determination.
4. Ridgeline Review. Whenever the County conducts a ridgeline review on a
property located within or adjacent to Brush Creek, the County shall give Brush Creek
timely notice of same and shall provide Brush Creek with input into the review process.
In connection with the review for any application by a Brush Creek resident, the
County shall take into account the topography of Brush Creek and the difficulties of
residents of Brush Creek to utilize their property and satisfy the County ridgeline goals.
Therefore, the County shall make reasonable accommodations for such applicants in
making ridgeline review decisions to permit the applicant to appropriately use their
property. With respect to applications submitted by Brush Creek residents that require a
ridgeline review under the County land use code, the County shall charge a maximum of
$450.00 for each such review and shall decide the ridgeline issues, if any, within 60
days. The failure by the County to provide such notice to Brush Creek, to charge
applicants as provided, or to make a timely decision in 60 days shall be deemed an
approval of any applications without conditions.
5. Parking Enforcement. The County hereby delegates to Brush Creek the
aut . on o enforce parking infractions within Brush Creek, pursuant to the County's
} - (, a copy of which is attached hereto and incorporated herein by this
reference. This authority shall extend to towing wrongfully parked vehicles to the
County impound lot, in accordance with applicable County ordinances and regulations.
Brush Creek may use private contractors to implement its enforcement authority granted
hereby. The enforcement authority delegated hereunder shall be in addition to, and not
in lieu of, any other enforcement rights and authority Brush Creek may currently have.
Since the County's obligation to purchase and install "no parking" signs within Brush
Creek was fulfilled by Brush Creek, the County agrees to reimburse Brush Creek for the
costs of the "no parking" signs that were purchased and installed by Brush Creek.
6. Land Use Decision Making.
a. Upon the receipt by the County of any land use application
regarding lands within the geographic area defined on the attached map, the County
shall refer such application to Brush Creek for its review and consideration. Such
referrals shall be mailed through the U.S. mails to Brush Creek at 500 Juniper Hill
Road, Aspen, Colorado 81611. In addition to participation in the normal public process
with respect to such an application and to being able to provide written and oral
comments based upon the referral of the application, Brush Creek shall have the right to
confer with the County and the County agrees to consult with Brush Creek regarding
such application through a public work session or sessions at which Brush Creek and the
County can have a dialogue and exchange regarding the issues of Brush Creek and the
County with the subject application. The County agrees to consider in good faith the
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comments, suggestions, conditions, or other input of Brush Creek regarding any such
application. Brush Creek shall have the opportunity to make recommendations for
mitigation and conditions of approval to the County during the land use approval
process of such applications and the County agrees to consider such recommendations in
good faith and treated as if the recommendation came from a referral municipality.
Notwithstanding the above, nothing in this agreement shall require the County to
approve or deny any application or petition as a result of this agreement. Furthermore,
the existence of this agreement shall not entitle any other entity to additional rights or
review powers nor shall the existence of any other intergovernmental agreement now in
existence or agreed upon in the future entitle Brush Creek to any additional powers.
b. The County agrees with the current City of Aspen Annexation Plan
adopted in the City of Aspen's Resolution No. 96-34. The County further agrees to pass
a resolution stating that the Board of County Commissioners is of the opinion that
annexation to the City of Aspen of the Aspen Mass property or other property outside of
the annexation areas identified in the Annexation Plan is inappropriate. Accordingly,
the County agrees that while it maintains an ownership interest in Aspen Mass, it will
not agree to the annexation of such property into the City of Aspen for a period of
twenty-five years from the date of this IGA and further agrees to include a covenant in
any deed for such property providing that the grantee shall not agree to annexation of
such property into the City of Aspen for a period of twenty-five years from the date of
this IGA. Prior to the expiration of any covenant, the parties shall discuss the
advisability of extending the duration of such covenant.
c. The parties acknowledge that the discussions as of the date of this
Agreement regarding the potential future development of the Aspen Mass property
include the following concepts: (i) minimal commercial or retail uses for transit users,
except retail uses that may be a component of a U.S. Forest Service facility, (ii) the
clustering of any residential units near any transit center that may be built, and (iii) the
dedication of the remaining portions of the property to open space in the form of a
conservation easement. It is contemplated that a portion of the Aspen Mass property
may be exchanged to the U.S. Forest Service. In addition, the discussions and thoughts
expressed at a joint meeting with the City of Aspen City Council and the parties
considered the further study of the possible development of 120 residential units in
multi -unit structures clustered in a reasonably confined area of the property near the
transit center with the remainder being dedicated to open space. Nothing herein shall be
interpreted as a commitment on the part of the County for a particular intensity, type or
quality of use of the Aspen Mass Property.
d. In connection with the development of the housing described in
subparagraph c., Brush Creek agrees to use reasonable efforts to secure a source of
supply of municipal water from the Snowmass Water and Sanitation District for the such
housing and the facility described herein. However, it is understood that the current
board of directors of the Snowmass Water and Sanitation District has previously advised
Brush Creek that it will not provide additional water to Brush Creek to service any
additional structures outside of Brush Creek's current district boundaries.
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7. Participation in Meetings. Brush Creek shall have a right to participate in
any meeting that the County has with the Town of Snowmass Village or the City of
Aspen or both regarding any property or land use involving the geographic area defined
on the attached map with the exception of executive sessions. Such participation shall
be on an equal basis as the other governmental entities and shall include the right to
have (a) equal standing and position at the particular meeting, (b) an equal voice during
the meeting, (c) equal influence in the ultimate decision, and (d) equal weight given to
its recommendations as the other governmental entities; provided that it is understood
that the County retains its land use decision making authority for those matters that are
within the County's jurisdiction and will consider the input of the Town of Snowmass
Village, City of Aspen, and Brush Creek equally. The County shall advise Brush Creek
in writing at the address set forth above the time and agenda for any such meeting.
Nothing contained in this IGA shall confer the power to vote or veto on the part of
Brush Creek an action or issue before the County.
8. Zoning Enforcement. Upon the receipt of a complaint from Brush Creek or
any landowner within Brush Creek regarding a potential zoning or land use violation
within Brush Creek, the County shall investigate the complaint and enforce the zoning
laws with respect to any violations. Brush Creek agrees to provide assistance as
requested by the County.
9. Implementation. The County shall promptly pass any ordinances,
regulations, amendments, or modifications necessary to implement the provisions of this
IGA.
10. Remedies. In the event of a default by the County hereunder, Brush Creek
shall have the right to specific performance of the County's obligation hereunder and
such other available and appropriate remedy in law or equity.
11. Superseding Prior Agreements. The parties agree to execute the attached
Road Maintenance Contract, which, in conjunction with this IGA, shall supersede any
and all prior agreements between the parties (or entities related to the parties)
concerning operation, construction and maintenance of roads in Brush Creek. In the
event of any conflict between the provisions of this IGA and the Road Maintenance
Contract, this IGA shall control.
12. Representation of Authority. Each party has full power and authority to
execute, deliver and perform this IGA, and each of them has taken all necessary steps
for the execution and delivery of this IGA. In particular, both parties represent and
warrant that they have complied with applicable statutory requirements pertaining to the
authority of each to enter into and be bound by this IGA.
13. Attorney's Fees. In the event either party is required to take legal action
through arbitration or the courts to enforce its rights under this Agreement, the
prevailing party shall be entitled to recover its reasonable attorney's fees and costs,
including expert witness fees, if any.
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14. Successors and Transferees. This Agreement shall be binding upon and
inure to the benefit of each of the parties' successors, assigns, heirs, and transferees.
15. No Construction Against Drafter. Each party has cooperated in the
drafting and preparation of this Agreement. Hence, in any construction to be made of
this Agreement, the same shall not be construed against any party.
16. Counterparts. This Agreement may be executed in counterparts and shall
be fully effective when executed by all parties.
17. Arbitration/Costs of Enforcement. The parties agree to arbitrate in
Denver, Colorado, pursuant to AAA rules, any dispute which they cannot resolve
through negotiation which arises under this IGA, with each party to pay one-half of the
common arbitration costs. All costs and expenses incurred by a party (including but not
limited to attorneys' fees) in any actions to enforce any claim under this Agreement shall
be paid by the party who does not prevail as to such claim.
18. Necessary and Further Documents. The parties agree to execute all such
further and additional documents as shall be reasonable, convenient, necessary or
desirable to carry out the provisions of this Agreement.
19. Severability. If any provision or part of this Agreement is held invalid, or
unenforceable for any reason, the remainder of this Agreement shall nonetheless remain
in full force and effect. Representations and warranties of the parties shall survive the
payment made pursuant to the Agreement.
BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO
B
Its: Ch'ivr
Date: / 7/7)/
Its:
BRUSH CREEK METROPOLITAN DISTRICT
Date: /` /47
ASPEN:0020355.18
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO PROHIBITING ON STREET PARKING
WITHIN BRUSH CREEK VILLAGE AND PROVISIONS FOR
PENALTIES FOR VIOLATION OF THIS ORDINANCE
ORDINANCE #97-
RECITALS
1. The county roads within Brush Creek Village are of a restricted width. For the
most part these county roads are no more than 30 feet wide.
2. The parking of vehicles on county roads within Brush Creek Village presents a
hazard to pedestrians and motorists utilizing these county roads.
3. This hazard is present year round when parked vehicles constrain the flow of
traffic on the county roads within Brush Creek Village. This problem is particularly
exasperated in the winter months with the accumulation of plowed snow on the shoulder of
these roads and the interference with plowing operations that parked vehicles present.
4. Prohibition of parking is necessary immediately for the preservation of public
health and safety in order to avoid traffic accidents on the Brush Creek Roads.
5. At the request of the Brush Creek Metropolitan District, and in response to the
District's concerns, the Board of County Commissioners is willing to enact this ordinance.
NOW THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of
Pitkin County, Colorado, it shall be prohibited to park motor vehicles upon the roads within
the Brush Creek Village at any time.
1. Motor vehicles as referred to by this ordinance shall be those defined by
Colorado Statute.
2. This ordinance is enacted pursuant to the county's police power as established
in Title 30 Articles 15 and 35, and Title 42 of Colorado Revised Statutes.
3. Appropriate signage concerning this ordinance shall be posted along the
affected roads in Brush Creek Village.
4. The specific county roads to which this ordinance is applicable are the
following:
Medicine Bow Road
Juniper Hill Road
Sagebrush Road
Turtle Cove
Daniel Drive
Red Tail Lane
Tabula Rasa Lane
Upper Ranch Road
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5. The penalty for violation of this ordinance shall be a class 2 petty offense,
punishable by a fine of $100.00 per violation. The penalty assessment provisions of 16-2-
201, C.R.S. shall be followed. The penalty assessment shall also include a surcharge of
$10.00 required by C.R.S. Section 30-15-402(2).
6. Violation of this parking restriction shall be subject to immediate towing by
any licensed towing service doing business within Pitkin County.
7. This ordinance is necessary for the immediate preservation of the public
health and safety, and shall take effect immediately upon adoption after second reading,
pursuant to C.R.S. 30-15-405.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 8th DAY OF
JANUARY, 1997.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON 28TH DAY OF DECEMBER 1996.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 14DAY OF
JANUARY, 1997.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON
THE 25th DAY OF JANUARY, 1997.
ATTEST:
/14
/ii\_.4 a e s
De uty Clerk
APPROVED AS TO FORM:
DeH�orah Quinn
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COU OLORADO
r
Bi Tuite
Chairman Z
Date: / -/b
fine Konchan
Assistant County Attorney County Manager
1/ord/parkc.ord
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