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HomeMy WebLinkAboutcoa.lu.sp.BrassBed926 E Durant Ave.38A-863�'A — �t� c�;�� 3 D CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED - 114JyX DATE RECEIVED COMPLETE: PROJECT NAME: APPLICANT: Applicant Addre RE PR ES EN TAT IV E: Representative Type of Application: I. GMP/Subdivision/PUD 1 . Conceptual Submission 2. Preliminary Plat 3. Final Plat II. Subdivision/PUD 1. Conceptual Submission 2. Preliminary Plat 3. Final Plat III. All "Two Step" Applications IV. All "One Step" Applications V. Referral Fees - Environmental Health, Housing Office 1 . Minor Applications 2. Major Applications Referral Fees - Engineering Minor A lications 1 20 12 6 14 9 6 11 5 2 5 ?Vq-073- q3 CAS E NO. A ' % STAFF: g 1q9 $2,730.00 1,640.00 820 .00 $1,900.00 2�20-0 0 820 .00 $1, 490 .00 $ 50.00 $ 125.00 Pp 80.00 Major Applications/ 200.00 -- -�_ P&Z CC MEETING DATE: S T a PUBLIC' H EAR ING : YES NO DATE REFERRED: C INITIALS: REFERRALS: City Atty _Az Aspen Consol. S.D. School District City Engineer Mtn. Bell Rocky Mtn. Nat. Gas Housing Dir. Parks Dept. State Hwy Dept (Glenwd) -2� Aspen Water Holy Cross Electric StateEiwy Dept (Gr.Jtn) City Electric Fire Marshall Bldg: Zoning/Inspectn Envir. Hlth. Fire Chief Other: Roaring Fork Transit Roaring Fork Energy Center FINAL ROUTING: DATE ROUTED- IN IT IAL City Atty City Engineer Building Dept. Other: �1 Other: I/XOLT FILE STATUS AND LOCATION: V CAS E * DISPOS ITION: (J. Reviewed by: Ks—p—e City Council C L ft, )Ih Reviewc.c 1737': As-oen P&Z i q7 L F14D�M' 6')l ( RECORD OF PROCEEDINGS 100 Leaves RESOLUTION NO. 40 (Series of 1986) RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO GRANTING CONCEPTUAL APPROVAL OF THE ROARING FORK RAILROAD PROPOSAL SPA WHEREAS, pursuant to Ordinance 20, Series of 1985, the Roaring Fork Railroad (hereinafter "Applicant") did submit a proposal for the Development of a portion of the Rio Grande property and Rio Grande right-of-way; and WHEREAS, aspects of the development proposal include re- establishment of rail on the Rio Grande right-of-way from Woody Creek to Aspen (Rio Grande site) , terminal building, platform, baggage handling, parking and trackage on the Rio Grande site; and WHEREAS, the Aspen Planning and Zoning Commission (herein- after "Commission") did hold public meetings on September 2 and 9, 1986, to consider the applicant's proposal to develop on the City -owned Rio Grande site and utilize the City -owned Shapery property, each of which have SPA Overlays, as well as the City - owned Creektree open space, and did recommend City Council to grant conceptual approval for the proposal in Planning Commission Resolution 86-10; and WHEREAS, the City Council (hereinafter "Council") is aware of this proposal's potential impact on Pitkin County and has -expresse'd concern about the proposal's impact outside the Council's jurisdiction; and RECORD OF PROCEEDINGS 100 Leaves WHEREAS, the Council supports the idea of a joint review between the City and the County for both Precise SPA and 1041 Special Review, which review process wili include joint meetings between both City and County Planning and Zoning Commission and between City Council and Board of County Commissioners pursuant to the following meeting format: o Meetings will be held at a mutually agreed upon time and place, o Staff will present separate memorandums which identify City specific and County specific concerns, o The applicant will address both City and County concerns at the joint meetings, o Due to' the public hearing needs of Precise SPA and 1041 Special Review, all joint meetings will be public hearings, o Once the information needs of Precise SPA and 1041 Special Review have been addressed at the joint meetings, the City and County bodies will separate and consider the Railroad proposal separately, and o These joint meetings will occur first with the two Planning and Zoning Commission and then with the City Council and Board of County Commissioners. WHEREAS, the Council has stated that final approval of this proposal by this Council will be contingent upon the applicant's ability to successfully mitigate impacts to the satisfaction of Pitkin County (i.e., wildlife, neighborhood impact's, Hallam Lake); and WHEREAS, at the conclusion of its deliberations, the Council concurred with the following conceptual findings made by the 2 RECORD OF PROCEEDINGS 100 Leaves commission: 1. The Roaring Fork Railroad is a compatible and appropri- ate transportation use on the Rio Grande site and may provide the community not only with a desi reable travel mode between Aspen and Denver, but also may provide an alternative transportation corridor to State Highway 82 in the Valley. The Rio Grande site was purchased with transportation funds and planned to be used for transportation purposes. The Commission realizes that the Roaring Fork Railroad concept is inconsistent witn the 1973 Land Use Plan; however, the Commission is in the process of updating the Aspen Area General Plan, 1966 and will resolve inconsistencies witn past plans and reports (transportation, land use, etc.) . The Commission is therefore prepared to authorize further study of the issues identified below. The Commission recognizes however, that precise plan approval can only be granted if the impacts of the project are mitigated and the concerns of the community can be addressed. 2. The Council makes the following findings with respect to the application of the Growth Management Quota System to the project: a) The development of the terminal, while it may have a commercial aspect, represents an essential community service which can be best judged through review as an exemption from competition pursuant to Section 24-11.2(e) of the Municipal Code, particularly if the terminal is used not only for the railroad, but also for other essential transportation purposes, as identified in the community's ongoing transportation planning program. b) Given the language of Section 24-11.2 (e) , the Council directs the staff to evaluate the criter- ion that to be eligible for an exemption a project must be a "not -for -profit venture" and to explore alternative criteria which may accomplish the community's objectives. c) As required by Section 24-11 .2 (e) , in order to obtain an essential community facilities exemp- tion, the applicant will be required to demon- strate' that the project has fully mitigated its direct growth impacts, and identify secondary 3 RECORD OF PROCEEDINGS 100 Leaves effects. d) In addition to the requirements established by Section 24-11 .2 (e) , the Council finds that in order to be eligible for an exemption from the quota system, the Roaring Fork Railroad station components should be scored by start and P&Z under the provisions of the Commercial Development Quota System to determine whether or not it meets the competition thresholds contained therein. Should the project not meet said thresholds, it shall not be eligible for an exemption. WHEREAS, a duly noticed public hearing was held by City Council on October 14, which was continued to October 27 and November 10, December 3 and December 8, 1986 to review the Roaring Fork Railroad Proposal and Council did pass a motion granting conceptual SPA approval subject to conditions stated -J bel ow. NOW, THEREFORE, BE IT RESOLVED by the City Council of Aspen, Colorado, grant conceptual SPA approval to the. Roaring Fork Railroad proposal, subject to the following conditions: 1. A study shall be submitted analyzing the RFR proposal's potential for reducing vehicular traffic on State Highway 82 including Main Street if train service terminates at the Rio Grande. 2. The applicant shall submit as part of the Precise SPA plan a minimum -maximum commuter rail service operating plan including capital and operating costs, sta- tion/park and ride locations, time schedules, fare schedule, projected ridership, proposed operating entity needed RFTA subsidy, availability of commuter rail vehicles and other pertinent information which will assist the City, County and RFTA in determining the value of commuter rail service. 3. The applicant shall submit as part of the Precise SPA plan a transportation study of the combined impacts of �/ 1 4 RECORD OF PROCEEDINGS 100 Leaves the RFR proposal and proposed City uses for the Rio Grande Site. This study shall include impacts on streets and intersections surrounding the site and traffic impacts on Cemetery Lane. Impacts on the Trueman property parking lot and Puppy Smith Street shall be specifically addressed. How circulation and baggage will be handled on the Rio Grande site shall also be detailed. 4. The applicant and staff will identify what land use options will be displaced by the Roaring Fork Railroad proposal on the Rio Grande site, including the Shapery Property, Creek Tree Subdivision, and Rio Grande right- of-way. 5. The Precise SPA plan shall include an economic feasibi- lity study including disclosure of the current and proposed RFR capital, operating costs and other pertinent information for the purpose of evaluating the applicant's ability to construct and operate this proposal. Included in this study will be an economic analysis justitying the need for an 18 car train and an update of the status of agreements with entities outside of Pitkin County (D. & R. G. , Union Pacific, Stapleton Airport, proposed Denver International Airport, Commercial Airlines, Amtrack and any other entities involved in the Roaring Fork Railroad propo- sal) . 6. The applicant shall relocate the Rio Grande trail to Council' s approval. 7. The applicant shall, with the assistance of appropriate public entities, estimate costs and propose pri- vate/public cost sharing, which includes compensation for use of public land, for all of the public improve- ments, relocations and alterations associated with the proposal including, but not limited to the sewer trunk line, Rio Grande Trail, Snowdump, Impound Lot, Rio Grande Playing Field and all other impacted utilities to assist the City, County, RFTA and appropriate special districts in evaluating public expenses of the project. 8. The applicant shall prepare an engineering study as part of the Precise SPA plan of the effects of the rail system on the sewer trunk line and methods of mitigat- ing problems, if any, as acceptable to the Aspen 5 RECORD OF PROCEEDINGS i 100 Leaves Consolidated Sanitation District. 9. The applicant shall work with all public and private utility companies to develop an acceptable utilities pl an. 10. A drainage plan addressing all the improvements of this proposal on the Rio Grande site, as acceptable to the City Engineer, shall be submitted as part of the Precise SPA Plan. 11. The following environmental studies and mitigation plans shall be prepared to the satisfaction of the Environmental Health Department as part of the Precise SPA Plan: a. A noise contour map along the right-of-way that will illustrate the noise impacts on property throughout the City for evaluation by the City. b. Air pollution resulting from the combined effects of trains (per operating plan) , transportation C% uses associated with the railroad (taxi, limos, buses) , and uses on the Rio Grande site (parking) . C. Water pollution hazards both operational and during the construction stage as discussed in Tom Dunlop's August 18, 1986 memorandum. d. Disruption of mine tailings and dumps. e. Solid waste generation and management. f. Impacts of vibrating (detailed information needs to be determined by Tom Dunlop) . 12. Identify legal, noise and air pollution impacts associated with extending the Roaring Fork Railroad tracK network onto the Creektree parcel. 13. The applicant shall submit, as part of the Precise SPA Plan, a site plan, landscaping plan and building design techniques to mitigate visual impacts of the develop- ment. 14. The applicant shall submit a Stream Margin Review application as part of the Precise SPA Plan for the ` 6 RECORD OF PROCEEDINGS 100 Leaves construction of roadbed, rails, trails and any other improvements within 100 feet from the high water line or within a flood hazard area in the City of Aspen. 15. The applicant shall investigate reducing the number and length of tracks on the Rio Grande site. 16. The Applicant shall indicate how many employees will be generated by this proposal and how employee housing requirements will be addressed. 17. The applicant shall explore the potential for shared use of the terminal structure facility, especially uses which are part of the Rio Grande Plan. 18. The applicant shall submit an Emergency Response Plan to the satisfaction of the Public Safety Board. 19. The applicant shall estimate what portion of the train's passengers will stay in Snowmass and determine how the Snowmass passengers and baggage will be brought to Snowmass -- will they travel to the Rio Grande and then utilize State Highway 82 through town to their destination or will Snowmass passengers de -train at Woody Creek and avoid travel through Aspen. 20. The applicant shall identify how the Roaring Fork Railroad would deal with an airport shut -down due to snow, showing ways to alleviate the problems caused by temporary loss of airplane service to and from Aspen. 21. The applicant shall identify construction impacts and develop a construction impacts mitigation plan which shows timing/phasing of construction. 22. The applicant shall not represent the City of Aspen as a partner in the RFR proposal. 23. The applicant shall submit to the satisfaction of the City Council, a detailed plan which addresses safety of pedestrians, cyclists and vehicles along the railroad right-of-way. The applicant shall identify applicable federal and state safety requirements affecting the train operation within the City. 24. The applicant shall detail the fire hazard potential to the landscape along the right-of-way and measures to mitigate it. The applicant shall identify federal and 7 RECORD OF PROCEEDINGS ----------------------------100-Leaves state requirements related to fire safety along the railroad right-of-way. 25. The applicant shall submit as part of the Precise Plan package an improvements agreement providing commitments to and financial guarantees for completion of the project, completion of trail realignment and any other improvements which are parr of plan approval. 26. Should the RFR discontinues service between Aspen and Denver or discontinues as a business, an agreement may provide for a) Commitments to and financial guarantees for restoration of the project area to its pre -project condition, or b) Transfer the fixed assets (tracks and stations) of the RFR to the City at the option of the City Council. 27. City electorate authorization for City Council to grant Rio Grande right-of-way, Shapery property and Rio ( Grande property for use by the Roaring Fork Railroad shall expire if construction of the Railroad is not commenced on or before January 1, 1992. 28. The applicant shall submit as part of Precise SPA a study of impacts and mitigation of impacts for both Hallam Lake and the Art Museum. 29. The applicant shall submit a complete Precise Plan package addressing all conditions imposed and commit- ments made in the conceptual review, and address any other information deemed necessary by the Planning and Development Director as identified in a pre -application conference to be held prior to submission of Precise Plan. Dated • 'Om-�� 1986 r William L. Stirling, Mayor RECORD OF PROCEEDINGS 100 Leaves I, Kathryn S. Koch, duly appointed and acting City Clerk of the City of Aspen, Colorado, hereby certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting to be held on the 4 day of 1986. TB.111 0 LGI�Z�c � Kathryn S Roc , City Clerk MEMORANDUM TO: Mayor and Council THRU: Robert S. Anderson, Jr., City Manager FROM: Tom Baker and Steve Burstein, Planning Office RE: Conceptual SPA, Roaring Fork Railroad DATE: December 4 , 1986 SUMMARY: The staff recommends approval of City Council Resolution No. 40, Series of 1986, Resolution of the City Council of Aspen, Colorado Granting Conceptual Approval of the Roaring Fork Railroad Proposal SPA. PREVIOUS COUNCIL ACTION: At Council's December 3, 1986 Special Meeting for the continued public hearing of the Conceptual SPA Approval of the Roaring Fork Railroad, Council directed staff to make a number of changes to the draft resolution and prepare a final draft for Council approval at their December 8, 1986 regular meeting. BACKGROUND: The Aspen Planning and Zoning Commission met on September 2, 1986 (regular meeting) , September 9, 1986 (special meeting) and September 23, 1986 (special meeting) to discuss the Roaring Fork Railroad Proposal SPA. As a result of those meetings the P&Z adopted Resolution No. 86-10 recommending Conceptual approval of the Roaring Fork Railroad Proposal SPA. PLANNING AND ZONING COMMISSION VOTE: 6 for, 1 against. RECOMMENDATION: The stafr recommends Conceptual Approval of the Roaring Fork Railroad SPA. PROPOSED MOTION: I move to adopt Resolution 40, Series of 1986, Resolution of the City Council of Aspen, Colorado Granting Conceptual Approval of the Roaring Fork Railroad Proposal SPA. CITY MANAGER RECOMMENDATION: NOTE: Changes in the Resolution are indicated by bold for additions and a"aa —eczt for deletions. tb. 33 8 AGENDA Aspen City Council December 3, 1986 5:00 p.m. Continued Public Hearing Conceptual SPA - Roaring Fork Railroad MEMORANDUM TO: Mayor and Council THRU: Robert S. Anderson, Jr., City Manager FROM: Tom Baker, Planning Office Steve Burstein, Planning Office RE: Conceptual SPA, Roaring Fork Railroad DATE: November 25, 1986 NOTE: Please bring your October 14, and November 10, 1986 packet material regarding the Roaring Fork Railroad. PREVIOUS COUNCIL ACTION: At Council's November 10, 1986 continued public hearing on Conceptual SPA Approval for Roaring Fork Railroad, the Council reviewed the Planning and Zoning Commission's resolution recommending approval of the project. The Council recommended a number of changes to the draft resolution. The Council reviewed the resolution through Condition #5 and at that point continued the public hearing to December 3, 1986. BACKGROUND: Staff has responded to Council's recommendation by revising the resolution (Attachment A) through Condition #5 (which is now Condition #6) . Staff has done this to ensure that Council has adequate time to review changes. Although staff has revised the resolution through Condition #5, the staff anticipates that Council will continue through the resolution (Conditions 6- 25) before reviewing any revisions. PROBLEM DISCUSSION: In addition to the conditions included in the resolution, there is one possible condition (issue) which staff originally suggested but P&Z rejected. Since this condition has bearing on an issue which is being raised by members of the public, we have chosen to address it at this time. In staff's original memo to P&Z we included the following: Train Service to Woody Creek or Airport - It is the staff' s view that the most significant potential benefit of train service to Aspen is the potential for a second transportation corridor in the Valley. Terminating train service at the airport or Woody Creek would, in the staff's view, only exacerbate the automobile related problems associated with State Highway 82. The applicant should quantify the addi- tional impacts to State Highway 82 which would be created by terminating the train at the airport, Woody Creek or other location Down Valley. There are members of the public who have suggested that the Roaring Fork Railroad should have its terminal at the Airport/ABC area. They claim that this option would cost less than the option which uses the Rio Grande right-of-way into town. While the staff has not evaluated this specific proposal, the staff has analyzed the concept of an Airport Transportation Center (which seems to be part of the rationale for a railroad terminus at the Airport) . The concept of an Airport Transportation Center was initially proposed in 1972 as part of the Regional Transportation Plan for Aspen and Pitkin County. This plan called for light rail to connect Aspen, Snowmass and the Airport. The Airport would also be the location of a centralized intercept parking facility. The Airport Transportation Center concept was recently reanalyzed by the staff and found to be an idea which was not likely to work. The primary problem we saw with the Airport Facility was that it was unlikely that a family of three with several bags, ski boots and skis would be willing to transfer from an airplane to a train or other transit mode for a three mile ride to Rubey Park and then transfer those same bags, ski boots and skis to a lodge shuttle or taxi. Rather, staff concluded that the role of the lodge shuttle and taxi was at the airport where only one transfer of bags, etc. was required prior to reaching the visitor's destination. This analysis was corroborated by professional literature which cautioned that excessive mode change in a short time/distance would greatly diminish the success of an inter - modal transportation center. Further, staff concluded that a centralized intercept parking facility (a major factor of the Airport Transportation Center concept) was not a workable concept. The primary reasons for this was that it made very little sense to intercept down valley employees after eighteen (18) miles of a twenty-one (21) mile trip; or to intercept visitors as they enter the resort; or to intercept skiers at a midpoint between Aspen and Snowmass. Rather, it made sense to intercept down valley employees at their point of origin with improved park and ride facilities and van pools, thereby increasing the energy, air quality and traffic improvements valley -wide. Further, staff felt that intercepting skier traffic after that traffic had passed our most congested road segments (SH 82 at the Aspen entrance and Brush Creek Road) was not effective rather, the staff felt that we should focus our effort on providing an attractive and fast transit link between Aspen and Snowmass. In terms of a transit link between Aspen and Snowmass, the staff concluded that if the Airport were not a necessary stop, then the cost of a direct connection between the two communities may be feasible. (If the Council would like a full presentation on this issue paper, we can do that at a time convenient to Council.) Although this analysis does not specifically address the Roaring Fork Railroad proposal, the staff still concludes that the 2 Transportation Center concept does not work. Additionally, staff is on record as identifying the commuter rail option as potentially a significant community benefit. If the RFR terminal is at the Airport/ABC we feel it is unlikely that commuter rail will be available to the community, as the applicant will not agree to extend the commuter rail beyond the Airport and the community will be unable to finance this option itself. The staff is aware that there are members of the public who do not want the Rio Grande right-of-way put back into active trans- portation service. The staff is also aware that the applicant has brought forward a development proposal to bring train service to the Rio Grande site, not the airport. Currently, the staff's opinion is that terminating train service at the Airport/ABC is of little value to the community (although of value to the resort) for several reasons: first, it precludes the realistic option of commuter rail and of a second transpor- tation corridor in the valley; second, it uses State Highway 82 to transport passengers to and from the terminal; and third, the Transportation Center concept does not work. The Council and P&Z are in the process of information gathering to determine the advantages and disadvantages of the R.F.R. proposal. The analysis of this information will assist Council and P&Z in deciding whether or not the current proposal will be beneficial to the entire community. If, for example, we discover that commuter rail is unworkable, then we may view Woody Creek as a logical terminus for the Aspen to Denver train and trade off the S.H. 82 impacts for the Rio Grande trail and site impacts. The staff's concern is that we avoid the study of unrealistic options which do not offer the most potential benefit to the community and, therefore, only delay the analysis of the R.F.R. proposal. Regarding alternate alignment studies, the applicant has stated several times that the R.F.R. is not interested in bringing people to the Airport: their application is for bringing train service into Aspen. If the Council feels some information about terminating rail service outside of Aspen is necessary, then staff recommends that the following condition be added to Council's resolution: The applicant should quantify the additional impacts to State Highway 82 which would be created by terminating the train at the airport, Woody Creek or other location Down Valley. CITY MANAGER RECOMMENDATION: 3 tbg4o ATTACHMENT A RECORD OF PROCEEDINGS 100 Leaves ------------------------------------------------------------- ------------------------------------------------------------- RESOLUTION NO. 4. (Series of 1986) RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO \ GRANTING CONCEPTUAL APPROVAL OF THE ROARING FORK RAILROAD PROPOSAL SPA WHEREAS; pursuant to Ordinance 20, Series of 1985, the Roaring Fork Ra'lroad (hereinafter "Applicant") did submit a proposal for the Development of a portion of the Rio Grande property and Rio Gra de right-of-way; and WHEREAS, aspects of the development proposal include re- establishment of rail on the Rio Grande right-of-way from Woody Creek to Aspen (Rio Grand site) , terminal building, platform, baggage handling, parking an trackage on the Rio Grande site; and WHEREAS, the Aspe Planning a"Rd Zoning Commission (herein- after "Commission") /d*d hold public m$etings on September 2 and 9, 1986, to considehe applicant's pr sal to develop on the City -owned Rio Gr nde site and utilize the City -owned Shapery property, each which have SPA Overlays, as ell as the City - owned Creektr open space, and did recommend C ty Council to grant conceual approval for the proposal in Planni Commission Resolution 86-10; and WHEREAS, the City Council (hereinafter "Council") i' aware of this proposal's potential impact on Pitkin County and has expressed concern about the proposal's impact outside the Council's jurisdiction; and (Ifter these many weeks of rhetoric and emotionali over the railroad debate, the issues involved have finally become clear to me. Aspen is a very special place as is the rest of the valley we live in. One of the elements of this community that we can be most proud of is the unanimity of resolve we have demonstrated to protect and maintain the character of our town and the surrounding environment through growth management, zoning, sign controls, toric preservation, etc. One of the greatest threats to this character over e years, and the most difficult to deal with has been the growing number of _ omobiles with the conjestion and polution that accompanies them. The idea of —�he train has been a breath of fresh air to all of us that have longed for an l�ernative to the dependence we have on the highway and automobiles. Like th, rport, a rail terminal to connect our valley with the outside world should be cheered on by all of us. However, like the airport, a rail terminal must function as regional transportation center, where all means of travel-- air, railroad, light rail, and highway can be focused to then dispurse the travelers 0their final destination. The place for this very busy and conj"sted place /s ���ertainly not the center of town. We finally have developed a focal point in this community away from the mountain. The open space foward the river has g�N*' us a public area for art, culture, recreation, /n every way an opportuoii/ or,�the future to develop a balanced year—round community. Let`s not blow it by ocating a noisy, smelly, railroad terminal right in the middle of our most 0iinportant open space. We need the railroad, but let's not sacrifice the frag(le character of this great little town to get it. I strongly urge everyone to vote for the railroad in the county election, and against it in the separate city election. Let's take advantage of all of this terrific creative energy and ` re —new the momentum gning for an Aspen — Snowmass light rail system and a workable down valley communter train that can work along with the new railroad, all to function together out of a properly located transportation center that works for our whole valley community and not just part it. The train idea is a great one. but the cost and environmental damage created by the last mile and a ! half of it is just not worth it. Tom Wells �� ' MEMORANDUM TO: Tom Baker, Planning Department Steve Burstein, Planning Department FROM: Chuck Roth, Assistant City Engineer C`V2- DATE: December 3, 1986 RE: Railroad - Council Review of December 3 --------------------------------------------------------------- 1. Item 6. Two trails: equestrain dirt trail and paved trail. Since this item identification did not make the resolution, are you going to generate a separate document of issue identifications to use as a punch list? 2. Item 7. Similar comment to above. Additional issue identifications," . alterations associated with the proposal including . " - add Rio Grande Parking Lot and Spring Street extension to list. 3. Item 8. I think applicant has valid concern re "final word" of San. District. In recent electric undergrounding projects, the City had to negotiate with San. District vis-a-vis their "demands." As a checks and balances concern, applicant may need to retain own sewer expert to negotiate with San. District. City or County engineers or administration may become involved since City and County issue easements and permits for right-of-way activities. 4. Item 12. Should we have View Plane from Art Museum? 5. Item 20. Will construction activity impact the elementary school (noise)? The electric undergrounding project had problems with impacting school activities. 6. Item 23. Qualifications of applicant's consultants to make comments relative to any particular elements of review. 7. Item 25. Help with constructing aesthetic floodwall at Art Museum? This would be more visible from train than from Art Museum. 8. Rail bus to discharge Snowmass employees at Woody Creek? CR/co/Railroad I _� k1 u ,11W 2 81987 DENVER OFFICE SUITE 2900 555 SEVENTEENTH STREET DENVER, C OLORADO 80202 TELEPHONE(303) 295.8000 TELECOPIER (303) 205-8261 MONTANA OFFICE SUITE 1400 175 NORTH 27TH STREET BILLINGS, MONTANA 59101 TELEPHONE 14061 252-2166 TELECOPIER 14061 252-1669 JAMES T. MORAN HOLLAND & HART ATTORNEYS AT LAW 600 EAST MAIN STREET ASPEN, COLORADO 81611 TELEPHONE (303) 925.3476 January 27, 1987 Ms. Sandra M. Stuller Myler, Stuller & Schwartz 106 South Mill Street, Suite #202 Aspen, Colorado 81611 RE: Roaring Fork Railroad Dear Sandy: WASHINGTON, D. C. OFFICE 1875 EYE STREET, N. W. WASHINGTON. D. C. 20006 TELEPHONE (202)486.7340 TELECOPIER 1202/466-7354 WYOMING OFFICE SUITE 500 2020 CAREY AVENUE CHEYENNE, WYOMING 82001 TELEPHONE 4307) 632-2180 TELECOPIER (307) 778-8175 S. E. DENVER OFFICE SUITE 1250 7887 EAST BELLEVIEW AVENUE ENGLEWOOD, COLORAOO 80111 TELEPHONE (303) 741-1226 We represent Mr. and Mrs. Marvin Josephson who own a house in Pitkin Green. The Josephson's property fronts on Willoughby Way; its rear yard abuts the old D&RGW right of way or Rio Grande Trail. Their land used to be owned by Flavy Davis and sits between the lots owned by Ray Lavender to the west and the Honor- able Fitzhugh Scott, III to the east. I understand that you represent the Roaring Fork Railroad (RFR) which has applied to the county to lay track and operate trains on the old D&RGW right of way. RFR has also applied to the city to lay track and locate a passenger terminal on the Rio Grande property owned by the City of Aspen. The purpose of this letter is to let you and your clients know that my clients, and others similarly impacted, intend to vigorously oppose RFR's plans to operate trains on the Rio Grande Trail. Mr. and Mrs. Josephson would not actively oppose railroad service which terminates at Woody Creek or at Sandy Field. We have studied City Council's Resolution No. 40, Series of 1986, and do not believe that RFR can satisfy the 29 conditions attached to conceptual approval if those conditions are addressed thoroughly and objectively. Our clients intend to see that such is the case and will do what is necessary to test the validity of the City and County review processes. This includes seeking judicial review if that turns out to be necessary and appropri- ate. i HOLLAND & HART ATTORNEYS AT LAv%' Ms. Sandra M. Stuller January 27, 1987 Page 2 In addition to the issues and impacts which were identified in Resolution No. 40 (1986) and in the Baker and Burstein, Plan- ning Office Memorandum to Aspen Planning and Zoning Commission, dated August 29, 1986, our clients in cooperation with other affected citizens are investigating legal grounds for challenging RFR's project. These include such questions as: 1. Whether adjoining landowners and other citizens had the right to rely on local governments' representation that the Rio Grande was acquired for; and restricted to; non -vehicular public recreation uses? 2. Whether railroad operations on the Rio Grande Trail would give rise to an action for damages on inverse condemnation or related grounds? We understand that RFR intends to seek public financing for its railroad project. I am informed that Mr. Michael Sarsynski of Thomson McKinnon Securities is a member of RFR's board and may now be working on a prospectus or offering circular in RFR's behalf. I don't know if the information that has been relayed to me is accurate or not. However, it does seem to me that, if RFR is going after public financing, the existence of substantial public opposition having both the energy and resources to vigor- ously oppose the RFR project is a material fact that ought to be communicated to the prospective investor. If you think that my clients' opposition to RFR is misplaced or unenlightened, I'd be happy to hear your views. Yours very truly, James T. Moran JTM/tli cc: Board of County Commissioners Pitkin County Planning and Zoning Commission Aspen City Council City of Aspen Planning and Zoning Commission Aspen/Pitkin Planning Office Mr. and Mrs. Marvin Josephson \`\ 7850.43 SHA p C - \ • ■ 7912.9 • l — _ r• T _ mac^ T j\ 1 K 786 7, 3 • ' .. \t-; _ Il 's\ • - a 7917.3 11 , • r' L- ,- T -844 W. L..7841 7845.1 I `, �.. �9�O';AVENU" . _ 'i18S \ =i 7 �B90 904 / �S � SP _N 7850.._ RI f K786i.5. '858.8 1(9�,c z , '852.51, '846.8. 1 7922.9r. 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SHORT TERM PARKING PARKING I TI 11 li �� 1 P.7 \\, <.,i �. �, 7869.I. -. •._ `� y I U SPRING ST, '874.8 n -4, _ PARKING STRUCTURE ,&g,AtG F T by ,F.yz 4 PUBL FACILITY - .7892.3 ` -- U - \ 7892.4 , • ��. 1 - V7 TA' P pRK . ` m ♦ _ rt J`J� \ _ 17 w = 7878.7 Li cr NORTH • .79054 z `� scale: 1" 50' aQ _ 78991 9X � r\ f � ROAR l G 'FORK R - >9, 7882 B -100 so Pm Am SITE �. T. 7846.99 7 a 7846.I -7918.2 \b44. 7851.4� )� a 7900.8 � a \• \ TANK ---_ -_._ �. CAP-5 \ \\` O • A0 7850.43 a 79( vol .. a — ASPF IN--- --- .,y _ S t� N 17 A T ION / . 7867.3 .7917.3 • I' ' L T " ; J ■ 7848.9 \ .... \ 7900 790 3.6 x 7918.9 r A hI I ENUE _ I U w.-.784 -a45.1 I ' e-bI �16SON AV T L_ . 7904 8 a 7917.0 ; I • . '855.0 eQ0 1 ' 7878.5. \ -850 SPRING .7861.5 7 p '858.8 77850 \ i 852.5. 7846.8. i 1 \ — \ -tb I \ 7922.9. 0 7919.7 I ROARING FORK RAILROA STATION TRAILERS • _ I \ I I % / +vote, Level / ` I qW t RIO GRAND PROPERTY c ,\ TRUEMAN PROPERTY I s 4 858.5 `'� " PLAYING FIELD --, oo, i - TABULATED DATA ! 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O O •O C1 O cz Gl U TroS O oC to 3 C7 L` C C o" ov0 ouD v O v v C: C cd v� Q o cn a c o v C v o c O C 'O E Y C1 C 4- Y v p U 'C , O ^d a U C co v:C/] h ccf ° v v ca c c cd ^ o V.v G V C a'Cc c 0. ad Lv ax p 3 0 -Ocp- t✓' co oo p v v) T co Q EnOO c c d d _ cO v v"a VN a. > vr as Fy C a co o c L a o ° L o C,s cL n ct c f/]Lx oL aE 3 '— c° v n v v a, n.� „ ° v �b c c m cv �' c v c� v E> •� � � � o a� �� o v o•C.n �'' v� o v;n.?� a3.r,—>'L o oL N v �, � 'n 7 � ❑ E v, v w � >•, v O .aC .vc E.. «' ti O p co co Oq ° 'O = . v v D n v 0 3 L : Ca o a f aC � V •r. V �: a L v a °roc . -c o do ASPEN DAILY NEWS, Thursday, October 16, 1996, Page 9 7 REASONS TO VOTE "NO" ON THE RAILROAD The Rio Grande is not the right place for a Railroad terminal. All consultants' plan- ning studies have shown the Airport to be the logical transportation center. 2 Environmental studies by Steve Weiner & Associates in 1973 stated the Rio Grande property would be a bad location for a transportation center as the area is a natural pollution collector. 3 Noise Pollution from a passenger train in Glenwood Springs according to Tom Dunlop, City & County Environmental health officer had a decibel level of 94 for 16 cars. Permitted Downtown Aspen Day time decibel level ..... 65 Permitted Downtown Aspen Night time decibel level...55 Permitted Neighborhoods Aspen.......................50 EPA Study 11 /78 Chain Saw..........................102-115 Diesel engine on train at 50 feet...88-105 Late arrivals will create unacceptable noise pollution in Snowmass and Aspen. Train cannot be turned around as planes are turned back after curfew. Amtrak through Glenwood is consistently late. Inconvenience if not gridlock at the post office and Rio Grande shopping area for 4 ■ Hunter Creek, Centennial and Red Mountain residents every time the train or commuter rail bus shuts down Mill Street as they cross many times daily. 60,000 square feet will be consumed on the Rio Grande property for a terminal, 4 5 ■ tracks, baggage storage, bus, taxi, van parking. Land that otherwise is needed for current parking needs, a library and recreational activities. People will "store" cars at Rio Grande when using Railroad. Not enough parking in 6■ Aspen now. Railroad developers already hedging original statements as to estimated public use 7 ■ (from 850 to 250) and say they want our open space at no cost to them plus a commuter train subsidy. If you will be gone on Election Day, do not fail to vote absentee. Write or go to the County Clerk at 506 East Main where you can vote now in the County Clerk's office. If you are a City Resident, be sure to get an absen- tee ballot from the City Clerk at City Hall as well at 130 South Galena. All City Voters must vote on the railroad at the Upper Elementary School on Garmisch and Hallam. WE NEED YOUR HELP Send your contributions Save the Rio Grande Trail Committee Marc Friedberg, Chairman Box 8747 Aspen, CO 81612 VOTE "NO" ON THE RAILROAD Pqe 10. ASPEN DAILY NEWS, Thursday, October 16. 1986 po KSNO Looks For Help From New Manager NEWS from page 1 WHEN DANFORTH hired Char- donnay, many observers were surpris- ed because of the pair's stormy history. Former Daily News editor Sterling Greenwood once recalled seeing Char- donnay shout at Danforth after reading his story about a 1981 employee dispute at KSPN. And Danforth used one of Chardon- nay's previous last names throughout a 1982 story on KSPN. That's not a com- monly accepted journalistic practice. Danforth said didn't feel the pre-1984 dispute between him and Chardonnay was personal - "We covered KSPN like we would any other business." When Chardonnay joined the newspaper, she admits to being "a little bit embarrassed to be working for the Daily News. It was so small," she said. "NOW I THINK it's a lot of fun. I've had a good time here. And the paper is spunky," she said. She said she's taking the radio sales job because she can spend more time working on creative projects. "More money and less headaches," she ex- plained. Perhaps the best evidence that Dan- forth trusts Chardonnay is that he's out of town about half the time these days. CHARDONNAY SAID she has one regret: "I wish I had started the Daily "I wish I had started the Daily News because I would be flying off to ball games instead of sit- ting here working." Cindy Chardonnay Departing Manager News because I would be flying off to ball games instead of sitting here working." Danforth, a Boston Red Sox fan, plans to attend the World Series "if the right teams are playing." But he noted that for the first five years' of the Daily News' history, he was unable to get so far as a Denver Bronco game. The Daily News' fortunes have im- proved during Chardonnay's tenure: ,,-The paper's circulation has in- creased from 3,000 to 7,000 this sum- mer. ✓ Revenues have risen from about $200,000to over $500,000. ,.-The average number of pages has increased from six to 16. Along with Chardonnay's arrival came a far bigger press, and a switch from white bond paper to newsprint. ✓And the newspaper's turnover has fallen by anyone's account. Two years before Chardonnay join- ed the paper - and Danforth was run- ning it - the turnover rate was so high Aspen Magazine suggested the paper had a "revolving door." "NEWSROOM and staff tension seem to have been a part of Daily News life as easily a dozen managing editors, business managers and writers have passed through the 'revolving door,' " the magazine observed. As general manager, Chardonnay was in charge of all aspects of the newspaper, including the newsroom. At KSNO, Chardonnay will focus mainly on sales. Chardonnay sees KSNO as a poten- tial "powerhouse" because it operates both an AM and FM station. The radio operation is at the "break even point" in terms of profitability, said KSNO general manager and presi- dent Dave Johnson. "SHE WILL give us a lot of credibility. We're real happy she will be able to work for us," he said. KSNO, as an AM station, fell behind in the ratings in the early 1980s largely because of Chardonnay's success at the FM outlet, KSPN. But KSNO's revenues began to im- INTRODUCING: Pizza LUNCH 11AM-2PM DINNER 5PM-2AM Call us: 923-5817 Rem 6.00 8.00 10.00 2-item 6.50 8.50 12.00 3-item 7.00 9.00 12.50 4-item 7.50 9.50 13.00 5-Rem 8.00 10.00 13.50 6-item 8.50 10.50 14.00 Titem 9.00 11.50 14.50 Supreme 14.00 16.00 18.50 Vegetarian 8.00 10.00 13.50 prove, Johnson said, when the station began broadcasting on the FM band after acquiring a Snowmass Village FM license in 1985 for $725,000. It had to money as an AM station, ire said. "AM stations across the country are in the position of losing money," he said. FM has better fidelity and Fn► stations can stay on the air 24 hours a day. Some AM outlets, like KSNO, can only operate during :'aylight under governmcnt rules. THE FM station has allowed KSNO to catch up with KSPN. KSNO is now within striking distance of its rival. Meanwhile, Chardonnay's replace- ment is taking over a profitable newspaper that has been expanding at a rate of about 40-50 percent per year since its 1978 founding, according to publisher Danforth. Clarke, 34, said she believes the DIS ly News has evolved from a ' gos sheet" to a "real newspaper" in recent years. She expects "continued growth." CLARKE, BEFORE joining the Daily News one year ago, was assistant manager of the 33-room Aspen Ski Lodge. Before that, she was conference coordinator for the Crestwood Lodge. Clarke's media experience includes management of an AM radio station in Alva, Okla. and a stint as a con- tributing editor and sportswriter for that town's daily newspaper. PIZZA ON WHEELS 923=5817 Imagine this: you phone your order in, the pizza is being made at the same time it is being delivered. So ... you will get a sizzling hot pizza delivered to your door in a fraction of the time! "Medium crust, Chicago Style pizza, all ingredients 100% homemade (even the sausages), made as you like it, FRESH, HOT, & FAST!" $1.00 OFF FOR LOCALS WITH LOCAL DRIVERS LICENSE FOREVER! (NOT JUST DURING OFF -SEAS NO DELIVERY CHARGE OPENS FRIDAY, OCTOBER 17th ASPEN DAII.Y NEWS, Trarida7, October 23, 1996. Pate 7 SIX ADDITIONAL REASONS TO VOTE'6NO99 ON THE RAILROAD 1• Mclaughlin Water Engineers, Ltd. who are the consultants to the Aspen Consolidated Sanita- tion District recommends that the main city sewer line that runs under the railroad right of way be placed a minimum of twelve feet from the mid -point of the railroad tracks. This will cause substantial environmental damage to the Rio Grande trail area due to the relocation of the sewer line. It is estimated that ten thousand cubic yards (1000 truckloads) of fill dirt will be required to fill the recess of the railroad alignment that was modified when the city approved the Pitkin Reserve subdivision. The new alignment will also devastate a large grove of mature spruce, cottonwood and Aspen trees. The Roaring Fork Railroad, a private company, intends to make a profit of "$2,000,000" a year. They want us to give them a gift of the Rio Grande Trail from Aspen to Woody Creek, the $650,000 open space the city recently purchased (to prevent it from being used for commercial purposes, and its sensitive relationship to the Aspen Center for Environmental Studies) as well as over 60,000 sq. ft. of the Rio Grande property. They are also suggesting that we the taxpay- ers participate in the costs of relocating the football field and the snowdump site! The Railroad refuses to give us the option of exploring an alternative location for its railroad yard as recommended by the City Planning staff, and insists on doing it their way or no way. Perhaps a mid -point location between Aspen and Snowmass makes more sense, especially when you realize that while Aspen is almost fully developed, Snowmass has the potential to double its bed base in the future. Downvalley residents who work in Snowmass or at the Airport Business Center would be better served by a rail terminal near the airport. If they have to come all the way into town they will have to backtrack to their jobs causing unnecessary further congestion to the Mill St. -Post Office-Clark's Market area. If the railroad is an economic failure, and many people think this will happen, we cannot undo the substantial damage to hundreds of trees that have to be felled for the relocation of the trail and the adequate clearance on the side of the tracks. A twelve foot corridor has to be constructed through unspoiled terrain for the new trail and a number of retaining walls will have to be built to support it. RAILROAD ACCESS TO ASPEN MAY BE A GOOD IDEA... BRINGING IT ALL THE WAY INTO THE RIO GRANDE PROPERTY DOWNTOWN IS NOT...... VOTE "NO" ON THE RAILROAD ON NOVEMBER 4 SO THAT WE CAN GET THE ROARING FORK RAILROAD TO CONSIDER SOME OF THE OTHER LOGICAL OPTIONS..... LET THEM INDEED RISK PRIVATE CAPITAL ON THIS VENTURE...BUT NOT AT THE EXPENSE OF THIS COMMUNITY Paid For By The Save The Rio Grande Trail Committee, Marc Friedberg, Chairman Page 8, ASPEN DAILY NEWS, Thursday, October 23, 1986 Braudis, tried, in the murder of a visiting nurse in Snowmass Village in January 1975. The Bundy story became a TV movie which aired in June on NBC. Bundy escaped twice when he was in Colorado — from the second floor of the Pitkin County Courthouse during a recess in a court hearing on June 11, 1977, and again from the Garfield County Jail in Glenwood Springs on New Year's Eve 1977. AFTER BUNDY escaped from the courthouse and tried unsuccessfully for days to cross Independence Pass on foot, he returned to town and stole a car from a residence on Cemetery Lane. Two deputies pulled him over for weaving — Bundy was apparently about to fall asleep. "He was stopped, recaptured and in- terrogated in our county. That's about as good a job as any law enforcement agency has done with Ted Bundy and I'm particularly proud to have been associated with the people who worked that case," Davis said. AFTER BUNDY'S first escape in Aspen and until he was tranferred to the Glenwood jail, the accused murderer was under the watchful eye of Davis. The file footage the Denver televi- sion stations haul out when they do a story on Bundy includes 1976 shots of Davis leading the escapee out of the Pitkin County courthouse basement. THE GRAINY newsfilm shows Davis with longer sideburns than he has today and a preppy -looking Bundy wearing an uncharacteristic frown. "I was charged by Dick (Kienast, sheriff) with his security and Teddy and I had an understanding of what security meant," Davis said. Asked to elaborate, the undersheriff said only, "It was a very effective understanding." Davis, who also investigated the January 1975 murder, acknowledged elate Houdini, Bundy Tales "Teddy (Bundy) and I had an understanding of what security meant. It was a very effective understan- ding." "They put him in the cop car and he looked at me and said, `How come you are familiar to me.' I said, `Bob Braudis, Pitkin Coun- ty.' Bob Braudis the Bundy murder "was perhaps as try- ing a case as I have ever worked." DAVIS SAID he doesn't know whether he was the only lawman to in- timidate Bundy during interviews at police headquarters. "Teddy told that to (the author of the book), but he never said that to me and, as far as I know, to anybody locally," Davis said. `HOUDINI' and BRAUDIS Braudis says the story he'll probably tell his grandchildren involves a 28-year-old Aspen car thief nicknamed Houdini. David Sudduth escaped from the then 3-month-old Pitkin County Jail on March 17, 1984. He was recaptured a day later in Glenwood Springs. Seven months later he was sent to a jail in Monterey, Calif., to await trial Student Passes early November when the Little Nell ticket office opens. The Ski Co. said it will not issue student passes during Thanksgiving week and the two -week Christmas holiday period. Highlands wants students to get their picture passes by Nov. 26. The ski area won't photograph students for passes over the opening four -day Thanksgiv- ing weekend. Arepayingour CDs16 4.8% ifter tax?? Do you want more? If you are renewing your Certificate of Deposit today at 8010 and you are in the 4007o tax bracket, your real yield is 4.8010 after taxes. STRIPESIntegrated Resources Equity Corp. %lemben SIPC That is why STRIPES, Integrated Insured Tax -Free Fund was created -to give you more. STRIPES invest in mortgage securities which are guaranteed by U.S. Government agencies or inured by private insurers. And, All STRIPES monthly income is federally tax-free. If an Investment program designed to provide tax-free income is attractive to you, call me at 925-7940 Tandy LaMaster CFP INTEGRATED RESOURCES • ASPE% FINANCIAL. PLANNING GROUP, INC. n11 .+Inc 'It ow,- n— h.. r,I r r Ictis thau thou vr,r Imnranio aPPhc, f nod' ponp,bo usmme, and uoI to the Cahn: of Fund %hare,. on other charges. He escaped from the Monterey jail on Oct. 26, 1984, and was nabbed by police in Marin County, Calif., north of San Francisco. He broke out of that jail on Nov. 12, 1984. SUDDUTH FLED to Scottsdale, Ariz., the Phoenix suburb where he had lived previously. He returned there as Braudis was about to take a golf vacation in Scottsdale. The night Braudis arrived, he decid- ed to check out a disco called the Amnesia. "I had been in there about 30 seconds and I was perusing the dance floor, watching about 100 people boogying and there's David Sudduth," Braudis recalled. "SWEAT WAS pouring off of hi There was a big smile on his face. was well -dressed. And I said, `It be.' But it was. "To make a long story less b called for local police interven "They put him in the cop ca. looked at me and said, `How are familiar to me.' I sa Braudis, Pitkin County.' "HE SLAPPED his hea claimed an obscenity, Brau Sudduth tried unsucc escape from the Ph authorities said. He is now in California for credit c SIDE PPLY HALLOWEEN HELPERS MASKS -FULL FACE OR FEATHER Oc RHINESTONE ALSO: TINSEL WIGS BODY GLITTER CHILDREN'S DECORATIONS HAIR COLORS TIARAS THEATRICAL MAKEUP LASH PAINT TOP HATS SPRAY -ON SPARKLE FLOURESCENT HAIR PAINT MILL ST PLAZA OPEN 10AM-5PM 925-1368 Panes 1 2-A The Amen Times January 8. 1987 business pages 12-15 1 Aspen holiday business "maxed" dollars were flying, even though the snow wasn't by Madeleine Osberger and Jane Wilson When the dust settled and the smoke cleared from the massive influx of Christmas -time visitors, Aspenites breathed an audible sign of relief. From mid -December until last Saturday the town, by anyone's estimation, was maxed. But were the visitors spending those hard- earned greenbacks? The answer is unequivocally yes. Record days were recorded by the airlines, both ski companies and several businesses. And the economic forecast for the remain- der of the season looks rosy, as well. Flying High Last Saturday, Jan 3, at Pitkin County Airport, "we broke all re- cords," said Cliff Runge, the man- ager of Aspen Base Operations, general aviation's fixed base oper- ator. Runge believes that the 462 general aviation operations (take -offs and landings) and 104 commercial operations will make Jan 3 the busiest day in Aspen aviation history. Continental Express had a re- cord day on Jan 3, alth—gh at presstime no figures wi vail- able. United Express had its record day a week earlier- nn—Sat. Dec 27, "way up over last year. It was really great," said owner Terry Young. Three shifts of ski technicians "worked 20 out of 24 hours" and were still unable to keep up with demand, Young said, adding, "we had to turn down 20 to 30 pairs of skis per day." Even more so this year than in the past, the mountains were jam- med with skiers, as a drought in the Sierras helped boost lift ticket sales. On Dec 29 the Aspen Skiing Company had its best day ever on its three local mountains: Aspen, Buttermilk and Snowmass. Business was up 3.4% over its previous record day which was New Year's Eve, 1985. The week of Dec 29 through Jan 3, ticket sales were up 8.6% over last year, as well. Season -to -date lift ticket sales are up by 4.5% over last year as well, said Marie Hux of the ASC's public relations department. But the first week of the holiday season, Dec 21-27, business was down by 1%, said Hux. Neither the SkiCo nor Aspen Highlands release attendance fi- gures. "We were behind in the first week and ahead in the second week," said Bill Brehmer of the Highlands. "On the whole we're 41 A qR r .r, L•� Time to get a beer! Fanny Hill at Snowmass Ski Area lage was down Christmas week compared to last year. was packed, although occupancy in Snowmass Vil- Frank Martin photo. The ARA occupancy figures are based on participating lodges which represent 4617r of the town's pillows. Retailers were reporting a range of profits, from "up signifi- cantly" to "down slightly," accord- ing to Don Fleisher, a property manager who oversees perhaps 20%of space in the commercial core. Ile Said stores experienced drops of as much as 10% in busi- ..,...., --A ..,...-oo Ana k.t—nnn .rin/ last year. Peaches en Regalia, a chic boutique for women, reported business to be up "substantially." Its men's shop, PR Ltd, has ex- panded into vacant space next door, in the Mill Street Plaza. Maestro's, a three -month -old restaurant on Main Street, en- joyed solid bookings every night of the Christmas week, according owner Chris Di Pietro. "I was .ry happy," he said. Marty Gancsos of Country Road rnatniirnnt arrnaa tha ctrnnf -aid period last year there were 76,641 riders; this year there were 71,974. Director of operations Paul Hilts said, "We noticed a lot less riders going to Snowmass. The gondola (on Aspen Mountain) may have had something to do with it." Mellow Fellow Taxi Co's Gib Gardner "It was probably the best istmas we've ever had." He attributed the healthy New train may wait until studies, permit process the causes of big delays by John Colson The owner of the Roaring Fork Railroad said this week it is not likely, although he retains some slight hopes, that the train can be built and begin operations by the initially expected deadline of November, 1987. But, according to Randy Par - ten, president of the railroad com- pany, work is continuing "fever- ishly" on getting all the permits and studies completed as required by the city of Aspen's approval of the "conceptual plan" for the rail to come into a new depot at the Rio Grande Field. He said he has signed a contract with the Touche-Ross accounting firm, which he said is "the eighth largest accounting firm in the country," to go over RFRR's pro- jections for ridership, costs and other factors that will affect the operation of a passenger service from Denver to Aspen. The train, which got a vote of confidence last fall when voters gave Pitkin County and Aspen permission to use the old Rio Grande rail bed and field for tracks and a station, was sup- posed to begin operations in the fall of 1987. The startup date was to corres- pond to the 100th anniversary of the inauguration of the first rail service in to the then -booming sil- ver mining town. Parten said the Touche-Ross study will be "to see if they think it's reasonable" to expect that the necessary number of riders will take the train over' ourse of a year to make it pn_ )le. Parten admitted that "a lot of people have been skeptical about our figures" concerning the com- mercial feasibility of a passenger train from Denver to Aspen. To satisfy such skepticism, he said, the Touche-Ross study will include a marketing survey on a regional, statewide and probably nationwide level. "They're not going to rely on our figures," Parten stressed. "They're going to do this indepen- dently." Aside from the city council's re- quest for an independent con- firmation of the rail service's viability, Parten said, the com- pany must have the study done in order to meet federal Security Ex- change Commission require- ments before they begin offering shares of stock for sale. Parten said the stock offering probably will be made to "a soph- isticated group of experienced in- vestors" as a private offering, rather than going public, and probably will not occur before late spring of this year. He said it is quite possible that one result of the study could be suggestions from Touche-Ross to make some changes in the rail- road's plans. "Or, they might say, `Forget it. We've found there are only three people in the country who will ride your train,"' Parten said. But, he said, he remains confi- dent that the necessary ridership and then some will materialize once the train service gets going. In addition to the Touche-Ro- study, he said, the railroad firm now negotiating with consultants for a transportation study and a utility study. These two studies, also re- quired by the city, are to deter- mine the railroad's impacts on local road and street systems as well as utility facilities such as sewer, telephone and power lines. Other negotiations underway include arranging for local firms to draw up the precise site plan for the Rio Grande Field, where the rail plaza will be, and the architectural plans for the rail terminal itself. Parten said his company cur- rently is considering using the January 8, 1987 The Aspen Times Page 11-A late 1988 Aspen Design Group to do the site plan and Hagman, Yaw Architects for the terminal draw- ings. Parten downplayed the possi- bility of delays caused by lawsuits from disgruntled neighbors of the Rio Grande Trail right-of-way. An apparent majority of oppo- nents of the railroad, led by local resident Marc Friedberg, live or own property along the Rio Grande Trail. Some have publicly threatened to sue the rail company in an effort to stop the Rio Grande Trail from being turned back into a rail line. The old rail line was torn up in the early 1970s after the De- nver and Rio Grande Western Railroad discontinued service to Aspen and turned the right-of- way over to local governments in 1969. "We believe the city and Pitkin County own the right of way ... and have the right to grant us a rail right of way across it," Parten said, maintaining that any law- suits filed by adjacent landowners would be groundless. "We've done an awful lot of leg- al research on the matter," Parten said. "We think we've got it in hand." X C L O N cY0 co F U '— �Q� C. 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