Crested Butte Legals

–AGENDA–
Monday August 18, 2008
Town of Crested Butte
Regular Town Council Meeting
Council Chambers ● Crested Butte Town Hall

6:00        WORK SESSION
        A) Presentation Regarding Proposed RE1J School District Ballot Issue
7:00    Regular Council Meeting Called to Order by Mayor or Mayor Pro tem
    1) APPROVAL OF AGENDA  
     2) CONSENT AGENDA The listing under consent agenda is a group of items to be acted on with a single motion. The consent agenda is designed to expedite Council business. The Mayor will ask if any citizen or council member wishes to have any specific item discussed.  You may request that an item be removed from the Consent Agenda at that time, prior to Council’s vote.  Items removed from the Consent Agenda will be considered under New Business.
    A) Approval of Minutes of August 8, 2008 Regular Council Meeting
7:05    3) PUBLIC COMMENTS  Citizens may make comments on items not scheduled on the agenda. Those commenting should state their name and physical address for the record and limit comments to five minutes.
7:10    4) STAFF REPORTS
7:20    5) PUBLIC HEARINGS   
A) Consideration of Application for a Tavern Liquor License by Whiterock LLC D/b/a the inn at Crested Butte Located at 510 Whiterock Avenue (public hearing continued from 8/5/08).
B) Ordinance No. 8, Series 2008 – An Ordinance Amending the Town’s Zoning and Land
Use Ordinance to Revise the Provisions of the Town Code Relative to Timesharing and Timeshare Development Projects (public hearing continued from 7/21/08).
C)  Ordinance No.13, Series 2008 An Ordinance Amending Certain Provisions of the Town Code Relative to the Erection of Freestanding Signs on Public Property and on Sidewalks  to Permit the Temporary Placement of Real Estate Open House Signs on Said Properties where Certain Requirements are Met (public hearing).
7:35    6) NEW BUSINESS
A) Discussion Regarding Payment in Lieu of Parking Fee.
B) Ordinance No. 14, Series 2008 – An Ordinance Amending Article 14-5 of the Town Code, the Town’s Watershed Protection District Ordinance, to Include an Exemption from the Applicability of such Ordinance for Activities of the United States Forest Service.
C) Ordinance No. 15, Series 2008 – An Ordinance Repealing Article 5-8 of the Town Code Relative to News Racks Licensing and Permits.
D) Ordinance No. 16, Series 2008 – An Ordinance Amending the Town Code Relative to Fines Imposed for Underage Consumption of Alcohol so that such Fines Comport with the Fines Established for Such Offense under Colorado State Statute.
E) Ordinance No. 17, Series 2008 – An Ordinance Amending the Town Code Provisions Relative to the Regulation of Noise in Order to Renumber said Provisions.
8:30     8) LEGAL MATTERS/TOWN ATTORNEY
8:35    9) COUNCIL REPORTS AND COMMITTEE UPDATES
8:35    10) EXECUTIVE SESSION
For a Conference with the Town Attorney for the Purpose of Receiving Legal Advice on Specific Legal Questions Under C.R.S. Section 24-6-402 (4) (e).
8:50    11) OTHER BUSINESS TO COME BEFORE THE COUNCIL
8:55    12) DISCUSSION OF SCHEDULING FUTURE WORK SESSION ITEMS
    13) COUNCIL MEETING SCHEDULING
•    Monday, August 18, 2008-8 a.m. Coffee with the Council- Izzy’s.
•    Monday, August 18, 2008-6 p.m. Work Session & 7 p.m. Regular Council Meeting.
•    Monday, August 25, 2008-6 p.m. Work Session on Proposed Foothills Annexation. 
•    Tuesday, September 2, 2008-8 a.m. Coffee with the Council- Location TBD
•    Tuesday, September 2, 2008- 6 p.m. Work Session & 7 p.m. Regular Council Meeting.
•    Monday, September 15, 2008-6 p.m. Work Session on Proposed Foothills Annexation. 
•    Monday, September 22, 2008- 6 p.m. Work Session & 7 p.m. Regular Council Meeting.
 8:55    ADJOURNMENT
(The above times are only tentative. Meeting may move more quickly or slowly than scheduled)
–    Please Remember to Turn Off Your Cell Phone during the Council Meeting-
If you need special assistance to attend any of the Town’s public meetings, please notify the Town Clerk at 349-5338 at least 48 hours in advance.
www.TownofCrestedButte.com
Published in the Crested Butte News. Issue of August 15, 2008. #081515

 

—LEGAL NOTICE—
APPLICATION FOR A SPECIAL EVENTS LIQUOR LICENSE
MT. CRESTED BUTTE, COLORADO

Pursuant to the laws of the State of Colorado and the ordinances of the Town of Mt. Crested Butte, Colorado, Fall Festival of Beers, represented by the Crested Butte/Mt Crested Butte Chamber of Commerce, on July 24, 2008, applied for a Special Events Liquor License.  If granted, said license is to be exercised on September 6th, 2008, Crested Butte Mountain Resort base area, Mt. Crested Butte, Colorado.
The Town Council of the Town of Mt. Crested Butte, Colorado, will hold a public hearing on the above request on Tuesday, August 19th at 6:00 p.m. in the Council Chambers, Municipal Building, 911 Gothic RD, Mt. Crested Butte, Colorado, at which time and place any interested person may be present and heard. 
Any petitions or remonstrances pertaining to the grant of said license may be filed at the office of the Town Clerk, PO Box 5800 (911 Gothic RD), Mt. Crested Butte CO 81225.
Dated this 12th  day of August, 2008.
/s/ Donna Arwood, Town Clerk
Published in the Crested Butte News. Issue of August 15, 2008. #081518

 

–PUBLIC NOTICE–
Crested Butte South Metropolitan District

The regular meeting of the Board of Directors of the Crested Butte South Metropolitan District scheduled for
 Wednesday, August 20, 2008, at 6:00 P.M. has been changed to Wednesday, August 27, 2008 at 6:00 P.M.
280 Cement Creek Road.
For further information please call
349-5480.
Jack Dietrich
District Manager
Published in the Crested Butte News. Issue of August 15, 2008. #081516

 

–NOTICE OF PUBLIC HEARING–
CRESTED BUTTE BOARD OF ZONING
AND ARCHITECTURAL REVIEW
TOWN OF CRESTED BUTTE, COLORADO
 (512 Journey’s End Rd:)

PLEASE TAKE NOTICE THAT a public hearing, which may result in the granting of a vested property right, will be held on August 26, 2008, beginning at 6:00 p.m. in the Crested Butte Town Hall located at 507 Maroon Ave. in Crested Butte, Colorado for the purpose of considering the following:
The application of Jim Lehr to change a previously approved plan and change the door and siding materials on the single-family residence and accessory dwelling to be located at 512 Journey’s End Rd., site 6, The Heights subdivision in the RIB zone.
Additional requirements are:    -Architectural approval is required.
TOWN OF CRESTED BUTTE
Published in the Crested Butte News Issue of August 15, 2008. #081522
 

–iN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 4–
STATE OF COLORADO
TO:  ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 4

Pursuant to C.R.S. 37-92-302, as amended, you are notified that the following is a resume of all applications filed in the Water Court during the month of July 2008.
The names, address of applicant, source of water, description of water right or conditional water right involved, and description of the ruling sought are as follows:
CASE NO. 2008CW81 (REF NO. 96CW311). U.S. Energy Corp., 877 N. 8th West, Riverton, WY 82501, (307) 856-9271.  Copies of all pleadings to:  Steven E. Marlin and Zach C. Miller, Davis Graham & Stubbs LLP, 1550 Seventeenth Street, Suite 500, Denver, Colorado  80202.  Application for Finding of Reasonable Diligence Concerning Conditional Water Rights. 2. Names and Types of Structures: A. Slate River Intake; B. Carbon Creek Intake; C. Carbon Creek Reservoir; D. Mill Water Reservoir; E. Elk Creek Reservoir. 3. Description of Conditional Water Rights: A. Slate River Intake. (1) Date of Original Decree: July 25, 2002. Case No.: Case No. 96CW311. Court: District Court, Water Division No. 4. (2) Legal Description of Structure: The Slate River Intake will divert at a point on the south bank of the Slate River from which the West quarter corner of Section 20, Township 13 South, Range 86 West of the 6th P.M., bears South 88° 54’ 52” West,  distance of 2,666.55 feet, in Gunnison County. (3) Source of Water: Slate River, a tributary of the East River. (4) Appropriation Date:  November 11, 1996. Amount: 30 cfs, Conditional. (5) Use of Water: Used and reused for all industrial purposes associated with mining and milling molybdenum at the Lucky Jack Mine, formerly known as the Mount Emmons Mine, including without limitation, the mining, grinding, and processing of ore; the  transportation of tailings; evaporation replacement; cooling and dust suppression; fire suppression; and domestic use and lawn and park irrigation at mine and mill facilities. B. Carbon Creek Intake. (1) Date of Original Decree: July 25, 2002. Case No.: Case No. 96CW311. Court:  District Court, Water Division No. 4. (2) Legal Description of Structure: The Carbon Creek Intake will divert at a point on Carbon Creek from which the Southwest corner of Section 28, Township 14 South, Range 86 West of the 6th P.M., bears South 51° 56’ 38” West, a distances of 3,617.89 feet, in Gunnison County, Colorado. (3) Source of Water: Carbon Creek, a tributary of Ohio River. (4) Appropriation Date: November 11, 1996. Amount: 10 cfs, Conditional. (5) Use of Water: Used and reused for all industrial purposes associated with mining and milling molybdenum at the Lucky Jack Mine, formerly known as the Mount Emmons Mine, including without limitation, the mining, grinding, and processing of ore; the transportation of tailings; evaporation replacement; cooling and dust suppression; fire suppression; and domestic use and lawn and park irrigation at mine and mill facilities. C. Carbon Creek Reservoir. (1) Date of Original Decree: July 25, 2002. Case No.: Case No. 96CW311. Court: District Court, Water Division No. 4. (2) Legal Description of Structure: Carbon Creek Reservoir will be an on-stream reservoir location on Carbon Creek. The location of the dam will be a point on the south abutment of the dam axis from which the Southwest corner of Section 28, Township 14 South, Range 86 West of the 6th P.M., bears South 54° West,  a distance of 3,300 feet, in Gunnison County, Colorado. Total capacity of Carbon Creek Reservoir will be 1,000 acre-feet. The dam will approximately 115 feet high. The anticipated length of the dam will be 990 feet. (3)  Source of Water: Carbon Creek, a tributary of the Ohio River; and the Slate River, a tributary of the East River. (4) Appropriation Date: November 11, 1996. Amount: 1,000 acre-feet, Conditional. (5) Use of Water: Used and reused for all industrial purposes associated with mining and milling molybdenum at the Lucky Jack Mine, formerly known as the Mount Emmons Mine, including without limitation, the mining, grinding, and processing of ore; the transportation of tailings; evaporation replacement; cooling and dust suppression; fire suppression; and domestic use and lawn and park irrigation at mine and mill facilities. D. Mill Water Reservoir. (1) Date of Original Decree: July 25, 2002. Case No.: Case No. 96CW311. Court: District Court, Water Division No. 4. (2) Legal Description of Structure: Mill Water Reservoir will be an on-stream reservoir located on an unnamed tributary of Ohio Creek. The location of the dam will be a point on the south abutment of the dam axis from which the Southwest corner of Section 19, Township 14 South, Range 86 West of the 6th P.M., bears South 81° East, a distance of 3,856 feet, in Gunnison County, Colorado. The total capacity of Mill Water Reservoir will be 1,000 acre-feet. The dam will be approximately 185 feet high.  The anticipated length of the dam will be 710 feet. (3)  Source of Water: An unnamed tributary of Ohio Creek, and the Slate River, a tributary of the East River. (4) Appropriation Date: November 11, 1996. Amount:  1,000 acre-feet, Conditional. (5) Use of Water:  Used and reused for all industrial purposes associated with mining and milling molybdenum at the Lucky Jack Mine, formerly known as the Mount Emmons Mine, including without limitation, the mining, grinding, and processing of ore; the transportation of tailings; evaporation replacement; cooling and dust suppression; fire suppression; and domestic use and lawn and park irrigation at mine and mill facilities. E. Elk Creek Reservoir. (1) Date of Original Decree: July 25, 2002. Case No.: Case No. 96CW311. Court: District Court, Water Division No. 4. (2) Legal Description of Structure: Elk Creek Reservoir will be an on-stream reservoir located on Elk Creek.  The location of the dam will be a point on the north abutment of the dam axis from which the Southwest corner of Section 6, Township 14 South, Range 86 West of the 6th P.M., bears South 77° East, a distance of 2,720 feet, in Gunnison County, Colorado. The total capacity of Elk Creek Reservoir will be 1,600 acre-feet; provided, however, that the volume of water diverted into storage in Elk Creek Reservoir from the natural flow of Elk Creek shall be limited to a maximum of 1,000 acre-feet. The dam will be approximately 220 feet high. The anticipated length of the dam will be 960 feet. (3) Source of Water: Elk Creek, a tributary of Coal Creek; Carbon Creek, a tributary of Ohio Creek; and the Slate River, a tributary of the East River. (4) Appropriation Date: November 11, 1996. Amount: 1,000 acre-feet, Conditional.  Alternate Point of Storage: Elk Creek Reservoir is an alternate place of storage for 600 acre-feet of the Mill Water Storage Right; provided, however, that the source of any Mill Water Reservoir water stored in Elk Creek Reservoir shall be limited to diversions from the Slate River Intake.  (5) Use of Water:  Used and reused for all industrial purposes associated with mining and milling molybdenum at the Lucky Jack Mine, formerly known as the Mount Emmons Mine, including without limitation, the mining, grinding, and processing of ore; the transportation of tailings; evaporation replacement; cooling and dust suppression; fire suppression; and domestic use and lawn and park irrigation at mine and mill facilities. The decreed conditional water rights described above are part of a common and integrated water system comprising of all the direct flow and storage rights decreed and to be used for development and operation of the Lucky Jack Mine.  Water diverted at the Slate River and Carbon Creek Intakes will be directly applied to mine and mill development and operations and/or delivered to the three reservoirs via water delivery pipelines.  Reasonable diligence in the development of one component of the system comprises reasonable diligence in the development of all components. 4. Outline of Work Performed and Actions Taken Toward Completion of the Appropriation and Application of the Water to a Beneficial Use as Conditionally Decreed. A. Description of the Lucky Jack Mine Project.  U.S. Energy Corp. (“U.S. Energy” or “Applicant”), a Wyoming corporation, owns the Lucky Jack Mine, formerly known as the Mount Emmons Mine, and before that known as the Keystone Mine (the “Mine”).  The Mine is located approximately three miles north and west of the Town of Crested Butte on Kebler Pass Road, in Gunnison County, Colorado.  The property contains one of the largest, undeveloped molybdenum ore bodies known in the world.  Molybdenum is used as a steel strengthener, as well as in a variety of other items such lubricants, catalysts, and flame retardants.  As molybdenum reserves at currently developed sites are depleted, development of the Lucky Jack Mine is critical to meet the increasing market demand for molybdenum.  Development of the Mine is a lengthy and complex process that involves annual maintenance of unpatented claims; preparation of environmental studies and impact statements; development, preparation and agency approval of a plan of operations; filing of applications for several permits; obtaining various other authorizations and approvals from federal, state and local agencies; and design and construction of facilities related to the Mine and water rights.  Water is a crucial resource for the molybdenum mining and milling process, and appropriation of these conditional water rights was an initial step in the overall development of the project.  At the Mine, water is necessary for all industrial purposes associated with mining and milling molybdenum at the Mine, including but not limited to, dust suppression; operation of drills; mining, grinding, and processing of ore; transportation of tailings; evaporation replacement; backfilling of the mine to prevent subsidence; cooling; and fire suppression.  In addition, water is necessary for domestic use and lawn and park irrigation at mine and mill facilities.  The decreed conditional water rights that are the subject of this Application for Finding of Reasonable Diligence for Conditional Water Rights (“Application”) consist of a comprehensive system of water diversion and storage facilities that will be used for development and operation of the mine and related facilities. B. Procedural and Transactional History of Conditional Water Rights. On December 31, 1996, the former owner of the Mine, Mt. Emmons Mining Company (“MEMCO”), a wholly-owned subsidiary of Cyprus Climax Metals Company and later of Phelps Dodge Corporation, filed an Application for Conditional Water Rights in Case No. 96CW311 in Water Division No. 4, and filed amended Applications on February 2, 1998 and September 30, 1998.  MEMCO’s Application, as amended, claimed direct flow water rights from the Slate River and Carbon Creek for use in the  molybdenum mine and mill as well as for storage.  MEMCO’s Application also claimed 1,000 acre-foot storage rights each in Carbon Creek Reservoir, Mill Water Reservoir, and Elk Creek Reservoir. Following a trial before the Water Court for Water Division No. 4, and the Colorado Supreme Court’s decision in Mount Emmons Mining Co. v. Town of Crested Butte, 40 P.3d 1255 (Colo. 2002), the Water Court for Water Division No. 4 entered a Findings of Fact, Conclusions of Law, Judgment and Decree (“Final Decree”) on July 25, 2002, awarding the conditional direct flow and storage rights claimed in MEMCO’s Application. These decreed conditional water rights, set forth in Section 3 above, are the subject of this Application filed by U.S. Energy. The Final Decree contained “reality check” provisions that require that: (1) unless the Applicant can prove by a preponderance of evidence that there is a compelling justification otherwise, the conditional water rights decreed shall be cancelled twenty-five (25) years from the date of entry of the decree if Applicant has not perfected a portion of those water rights by applying water to beneficial use in accordance with the decree; and (2) the plan of operations for the Mine and applications for all necessary special use permits and rights of way for the water facilities associated with the conditional water rights must be filed with the U.S. Forest Service and U.S. Bureau of Land Management (“BLM”) within six years of entry of the Final Decree (i.e., by July 25, 2008) or within six years after final determination of the pending patent applications (First-Half Mineral Entry Final Certificate Serial Number CMC-54557), whichever is later. Final determination of the pending patent applications occurred on April 30, 2007, when the United States Supreme Court denied certiorari to legal challenges brought against the BLM’s issuance of the mineral patents.  High Country Citizens Alliance v. Clarke, 127 S. Ct. 2134 (2007). Therefore, to satisfy these reality check terms and conditions, some portion of the conditional water rights must be applied to a beneficial use by July 25, 2027, and the plan of operations and applications for special use permits and rights of way must be filed by April 30, 2013. Following extensive litigation between Phelps Dodge and U.S. Energy concerning the Mine and related properties, which hindered development of the Mine and the conditional water rights, MEMCO conveyed to U.S. Energy and Crested Corp. on February 28, 2006, all its rights, title and interests in the Mine and in the conditional water rights decreed in Case No. 96CW311. U.S. Energy and Crested Corp. entered into an Exploration, Development and Mine Operating Agreement (“Operating Agreement”) with Kobex Resources Ltd. (“Kobex”) on April 3, 2007 for exploration, development and operation of the Mine.  U.S. Energy merged with Crested Corp. on November 27, 2007.  Kobex terminated the Operating Agreement on March 31, 2008, and U.S. Energy is diligently pursuing a new partner for continued exploration and development, and operation of the Mine. C. Work Performed and Actions Taken Toward Completion of Appropriation.  The following work has been performed and actions taken during the diligence period toward completion of appropriation of the decreed conditional water rights: (1) Retained and paid consultants to collect and review hydrology data; develop daily stream flow records, water balance models and low-flow frequency analyses; and conduct technical assessments of Carbon Creek, Coal Creek, Elk Creek and Slate River, including seasonal variability, drought and flow conditions, instream flows, and diversions by other water rights holders. (2) Retained and paid consultants to evaluate the design, construction and operation of the water diversion, transportation and storage facilities, including technical assessment of the reservoir sites, conceptual design studies, identification of geotechnical investigation elements, examination of capital costs, and related matters. (3) Retained and paid consultants to perform environmental studies related to the water transportation and storage facilities. (4) Retained and paid consultants to develop a monitoring plan for determining baseline hydrologic conditions, including water quality and water flows in surface water, groundwater, springs and wetlands in the vicinity of the Lucky Jack Project. (5) Retained and paid consultant to prepare an application for a Clean Water Act § 404 permit from the U.S. Army Corps of Engineers to construct gauging stations on Carbon Creek and Elk Creek. (6) Initiated consultation with the Colorado Water Conservation Board (“CWCB”) and are engaged in ongoing discussions with CWCB staff to identify issues concerning Instream Flow Rights held by CWCB on Coal Creek and to discuss mitigation requirements under the Final Decree and the process and procedures for development, preparation, and approval of a Request for Inundation concerning the Carbon Creek Reservoir. (7) Paid for legal and consulting services necessary to protect the decreed conditional water rights from water rights applications filed in several Water Division 4 matters, including but not limited to Case No. 02CW63, Case No. 99CW267, Case No. 01CW05, and Case Nos. 03CW33, 03CW34, 03CW35, 03CW36 and 03CW37. (8) Paid for legal and consulting services necessary to obtain and defend the mineral patents issued by BLM on April 2, 2004 (First-Half Mineral Entry Final Certificate Serial Number CMC-54557) from legal challenges brought by multiple parties in the federal District Court for the District of Colorado, the Tenth Circuit Court of Appeals, and the United States Supreme Court, which denied certiorari on April 30, 2007 to effectively end all such legal challenges to BLM’s decision to issue the mineral patents, granting fee title to the Mine. (9) Filed annual assessments on unpatented mine and millsite claims held by U.S. Energy with BLM. (10) Paid for legal and consulting services necessary to file an application for renewal of the Discharge Permit (CDPS Permit No. CO-0035394) for the Lucky Jack Industrial Wastewater Treatment Plant (“WWTP”) in 2005.  Such services included meetings with Colorado Water Quality Control Division (“WCQD”) Permitting Section staff, reviewing and providing comments on draft versions of the permit, and performing sampling and analysis of effluent discharges and ambient water quality. (11) Retained and paid consultants to conduct work and activities necessary for development and operation of the Mine, including performing property surveys and geological and geotechnical studies; conducting underground rehabilitation, exploration and water flow management activities; operating the Lucky Jack WWTP; evaluating federal, state and local permit requirements; examining wildlife and other environmental issues; and developing a plan of operations. (12) Retained and paid consultants to evaluate the design, construction and  operation of the tailings storage facility, including technical assessment of tailings storage and mill sites, conceptual design studies, identification of geotechnical investigation elements, and examination of capital costs. (13) Submitted an application for a Baseline Study for a plan of operations and initiated consultation with the U.S. Forest Service to enter a Memorandum of Understanding governing preparation of an environmental analysis for the Baseline Study. (14) Made substantial expenditures on work and activities related to development of the conditional water rights, and on designing, engineering, surveying, testing and permitting activities related to the Mine and associated facilities. The foregoing and related activities demonstrate reasonable diligence in the development of the subject conditional water rights in compliance with § 37-92-301, C.R.S. (2007).  5.  Names and Addresses of Owners or Reputed Owners of Land Upon Which New Diversion and Storage Structures Will Be Constructed or Upon Which Water Will Be Stored.  The water diversion structures, reservoirs and related transportation structures and facilities will be constructed on land owned by U.S. Energy Corp., as well as on land owned by the following entities: A. United States Forest Service, Gunnison National Forest Office, 2250 Highway 50, Delta, CO 81416, B. United States Bureau of Land Management, Colorado State Office, 2850 Youngfield St., Lakewood, CO 80215. WHEREFORE, U.S. Energy requests that the Court enter a finding that U.S. Energy’s conditional water rights, as described more fully above, shall continue in full force and effect due to U.S. Energy’s demonstration of reasonable diligence in pursuing the perfection of such rights.  The Application on file with the Water Court contains a detailed outline of the work performed during the diligence period.  GUNNISON COUNTY. 
YOU ARE FURTHER NOTIFIED THAT you have until the last day of September 2008, to file with the Water Clerk, in quadruplicate, a Verified Statement of Opposition setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions.  A copy of such a Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit of certificate of such service shall be filed with the Water Clerk, as prescribed by C.R.C.P. Rule 5.  (Filing fee:  $158.00; Forms may be obtained from the Water Clerk’s Office or on our website at www.courts.state.co.us).  DARLEEN CAPPANNOKEEP, Water Clerk, Water Division 4, 1200 N. Grand Ave., Bin A, Montrose, CO  81401
Published in the Crested Butte News. Issue of August 15, 2008. #081510

 

—NOTICE OF JOINT PUBLIC HEARING—
CONCERNING A LAND USE CHANGE PERMIT APPLICATION
FOR AMENDMENTS TO THE DECLARATION OF PROTECTIVE COVENANTS OF RIVERLAND INDUSTRIAL PARK 
RIVERLAND INDUSTRIAL PARK FILINGS NO. 1 AND NO. 2

HEARING DATE, TIME AND LOCATION:  The Gunnison County Board of County Commissioners and Planning Commission will conduct a joint public hearing FRIDAY, SEPTEMBER 19TH, 2008 at 2:00 p.m. in the Town Council Chambers, Crested Butte Town Hall, 507 Maroon Avenue, Crested Butte, CO, to hear public comment concerning a land use change application.  The applicant is the Riverland Property Owners Association.
PARCEL LOCATION:  Riverland Industrial Park, Filing No. 1 and No. 2, south of the Town of Crested Butte.
PROPOSAL:  The request is for amendments to the Declaration of Protective Covenants of Riverland Industrial Park Filings No. 1 and No. 2, concerning outside storage restrictions and penalty provisions
PUBLIC PARTICIPATION:  The public is invited to submit verbal or written comments at the hearing, or to submit written comments by FAX (970) 641-8585, or by letter (to the County Planning Department, 221 N. Wisconsin, Suite D, Gunnison, CO  81230), so long as they are received by 5 p.m. the afternoon before the date of the meeting so that they may be submitted for the public record during the hearing.  A copy of the application is available for inspection in the County Planning Department, 221 N. Wisconsin, Suite D, Gunnison, CO.  Additional information may be obtained by calling the Planning Department (970) 641-0360.
ADA ACCOMMODATIONS: Anyone needing special accommodations as determined by the American Disabilities Act may contact the Planning Department prior to the day of the hearing.
/s/ Neal Starkebaum, Assistant Director of Planning
Published in the Crested Butte News. Issue of August 15, 2008. #081504

 

–LEGAL–
Town of crested butte

PLEASE TAKE NOTICE, that a public hearing will be held on the 18th day of August, 2008 at 7 p.m. in the Town Offices at 507 Maroon Avenue, Crested Butte, Colorado on Ordinance No. 13, Series 2008:
Ordinance No. 13, Series 2008 – An Ordinance Changing the Sign Code Regarding Display of Off-Site Open House Real Estate Signs. 
The full text of this Ordinance is on file at the Town Offices at 507 Maroon Ave., Crested Butte, Colorado for public reading.
TOWN OF CRESTED BUTTE, COLORADO
/s/ Eileen Hughes, Town Clerk
Published in the Crested Butte News. Issue of August 15, 2008. #081506

 

–NOTICE OF A JOINT PUBLIC HEARING–
CONCERNING A LAND USE CHANGE APPLICATION FOR TIMOTHY MICHALEK FOR THE SUBDIVISION OF A 3.18 ACRE PARCEL INTO TWO SINGLE-FAMILY RESIDENTIAL LOTS
HEARING DATE, TIME AND LOCATION:  The Gunnison County Board of Commissioners and the Planning Commission on September 19, 2008 at 3:00 p.m. in the Crested Butte Town Hall, Town Council Chambers, 507 Maroon Avenue, to hear public comment concerning a land use change permit application for the subdivision of a 3.18-acre parcel into two single-family residential lots. 
APPLICANT:  The applicant is Timothy Michalek.
PARCEL LOCATION: The parcel on which the land use change is proposed is located approximately eight miles north of the City of Gunnison.  The parcel is legally described as 3.18 acres in the Northeast quarter of the Southeast quarter, Section 33, Township 51 North, Range 1 East, N.M.P.M.  The parcel is located at 8218 Highway 135.
PROPOSAL:  The applicant proposes to subdivide a 3.18-acre parcel into two single-family residential lots.  The lots are proposed to be served by individual wells and individual sewage disposal systems.  There is an existing residence on the parcel which is proposed to be located on one of the individual subdivision lots, if approved. 
PUBLIC PARTICIPATION: The public is invited to submit verbal or written comments at the hearing, or to submit written comments by FAX (970) 641-8585, or by letter (to the County Planning Department, 221 N. Wisconsin, Suite D, Gunnison, CO  81230), so long as they are received by 5 p.m. the afternoon before the date of the meeting so that they may be submitted for the public record during the hearing.  A copy of the application is available in the County Planning Department, 221 N. Wisconsin, Suite D, Gunnison, CO; additional information may be obtained by calling the Planning Department (970) 641-0360.
ADA ACCOMMODATIONS:  Anyone needing special accommodations as determined by the American Disabilities Act may contact the Planning Department prior to the day of the hearing.
/s/ Cathie Pagano, Planner
Published in the Crested Butte News. Issue of August 15, 2008. #081505

 

—NOTICE OF PUBLIC HEARING—
CRESTED BUTTE BOARD OF ZONING
AND ARCHITECTURAL REVIEW
TOWN OF CRESTED BUTTE, COLORADO
(Rainbow Park)

PLEASE TAKE NOTICE THAT a public hearing, which may result in the granting of a vested property right, will be held on August 26, 2008, beginning at 6:00 p.m. in the Crested Butte Town Hall located at 507 Maroon Ave. in Crested Butte, Colorado for the purpose of considering the following:
The application of the Town of Crested Butte to construct a Pavilion to be located at Rainbow Park.
Additional requirements are:    -Architectural approval is required.
TOWN OF CRESTED BUTTE
Published in the Crested Butte News Issue of August 15 and 22, 2008. #081520

 

–AGENDA–
Monday, August 18,2008 ~ 9:00 a.m.
Mountain Express Transportation Committee
Mt. Crested Butte Town Hall
A)    Roll Call.
B)    Reading and Approval of the Minutes of July 14, 2008.
C)    Transit Manager’s Operational and Financial Report.
D)    Unfinished Business.
    1)    Update on Financial Task Force.
    2)    Update on New Facility.
    3)    Update on Lease.
E)    New Business.
4)    Discussion of Possible Bank Loan.
5)    Preliminary Discussion on 2009 Budget
G)    Unscheduled Business.
H)    Adjournment.
Published in the Crested Butte News. Issue of August 15, 2008. #081513

 

-Request For Proposal to Bid-
Painting Town owned Buildings

The Town of Crested Butte is requesting bids to paint several Town owned buildings including the Old Town Hall located at 132 Elk Ave, The Old Rock Library located at 507 Maroon, The Depot building located at 716 Elk Ave. and the employee housing duplex located at 812 Teocalli Ave. For specific information contact Scott LeFevre at 349-5338 or scott@crestedbutte-co.gov. Bid proposals may be sent to the Town of Crested Butte, Attention: Scott LeFevre, Box 39 Crested Butte, CO 81224.
Published in the Crested Butte News. Issue of August 15, 2008. #081512

 

–Agenda
Work Session
August 25, 20086:00 p.m.
Crested Butte Planning Commission
Council Chambers • Crested Butte Town Hall
6:00- 7:00    Presentation by the Applicants for the Proposed Foothills at Crested Butte Annexation Presenting Three Variations.
7:00 – 7:15    Staff Summary Review of the Three Variations
7:15 – 7:45    Public Comment
7:45 – 8:30    Planning Commission Discussion Regarding Developing a List of Topics for Future Work Sessions Regarding the Proposed Foothills at Crested Butte. Annexation-Discussion Will Be Facilitated by Town Manager Susan Parker.
Published in the Crested Butte News. Issue of August 15, 2008. #081514

 

NOTICE OF PUBLIC HEARING
CRESTED BUTTE BOARD OF ZONING
AND ARCHITECTURAL REVIEW
TOWN OF CRESTED BUTTE, COLORADO
(719 Elk Ave.)

PLEASE TAKE NOTICE THAT a public hearing, which may result in the granting of a vested property right, will be held on August 26, 2008, beginning at 6:00 p.m. in the Crested Butte Town Hall located at 507 Maroon Ave. in Crested Butte, Colorado for the purpose of considering the following:
The application of Glenn Burnham to construct an accessory dwelling to be located at 719 Elk Ave., Block 60, Lots 25-26 in the R2 zone.
Additional requirements are:    -Architectural approval is required.
    -A Conditional Use for an accessory dwelling in the R2 zone is required.
TOWN OF CRESTED BUTTE
Published in the Crested Butte News Issue of August 15 and 22, 2008. #081521

 

REGULAR TOWN COUNCIL MEETING
AUGUST 19, 2008 ~ 6:00 PM
COUNCIL CHAMBERs
MT CRESTED BUTTE, COLORADO

6:00 PM – Public Hearing- On A Special Events Liquor License Application For Fall Festival Of Chili And Beer – Saturday, September 6, 2008 – Base Area CBMR – Submitted By Crested Butte/Mt Crested Butte Chamber Of Commerce
Call To Order
Roll Call
Approval Of The August 5, 2008 Regular Meeting Minutes
Reports
Correspondence
UNFINISHED BUSINESS
Discussion And Possible Consideration – Ordinance No. 2 , Series 2008 – An Ordinance Of The Town Council Of The Town Of Mt Crested Butte, Colorado, Amending Chapter 14, Nuisances, Of The Code Of The Town Of Mt Crested Butte, Colorado, By The Addition Of Article II, Sections 14-11 Through 14-39, Entitled “Undesirable Plant Management And Enforcement.” – Second Reading
Discussion And Possible Consideration – Revisions To Five Year Plan
Update On Planning Process For Recreation Path Extension – Elk Mountains Planning Group, Inc.
Discussion And Possible Consideration – Content For Crested Butte Master Vision Web Site
NEW BUSINESS
Discussion And Possible Consideration – On A Special Events Liquor License Application For Fall Festival Of Chili And Beer – Saturday, September 6, 2008 – Base Area CBMR – Submitted By Crested Butte/Mt Crested Butte Chamber Of Commerce
Discussion And Possible Consideration – Resolution No. 4, Series 2008 – A Resolution Submitting To The Registered Electors Of The Town At A Special Election Held On November 4, 2008 Ballot Issues And Titles Concerning Increases In Town Taxes And Debt And Other Matters, And Authorizing Other Actions Regarding The Conduct Of Such Election
Discussion And Possible Consideration – Resolution No. 5, Series 2008 – A Resolution Of The Town Council Of The Town Of Mt Crested Butte, Colorado, Providing Approval For The Spin-Off Of Time Warner Cable, Inc.
Discussion And Possible Consideration – Request For Usage Of Admissions Tax Marketing Funds For Marketing Program For The Mountain Garden – Lee Renfrow
OTHER BUSINESS
ADJOURN
If you require any special accommodations in order to attend this meeting, please call the Town Hall at 349-6632 at least 48 hours in advance.  Public comment on these agenda items is encouraged.
This preliminary agenda is placed in the newspaper to notify the public of tentative agenda items for the meeting date noted above.  The official posting place for the agenda is the bulletin board in the Mt. Crested Butte Town Hall entry.  Please refer to that official agenda for actual agenda items for the meeting date noted above.
Published in the Crested Butte News. Issue of August 15, 2008. #081517

 

NOTICE OF PUBLIC HEARING
CRESTED BUTTE BOARD OF ZONING
AND ARCHITECTURAL REVIEW
TOWN OF CRESTED BUTTE, COLORADO
(219 Gothic Ave.)

PLEASE TAKE NOTICE THAT a public hearing, which may result in the granting of a vested property right, will be held on August 26, 2008, beginning at 6:00 p.m. in the Crested Butte Town Hall located at 507 Maroon Ave. in Crested Butte, Colorado for the purpose of considering the following:
The application of Scott Truex to construct an accessory dwelling to be located at 219 Gothic Ave., Block 9, Lots 25-26 in the RIC zone.
Additional requirements are:    -Architectural approval is required.
    -Conditional Use Permit to allow an accessory dwelling in the RIC zone.
TOWN OF CRESTED BUTTE
Published in the Crested Butte News Issue of August 15 and 22, 2008. #081523

 

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