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HomeMy WebLinkAboutcoa.lu.ca.Definitions.A081-98Definitions — Code amendment A081-98 r C� CASE STATUS SHEET Case No. 40 01 - 48 r Representative's Name: G,IZ A Representative's Phone: Fax: DATE ACTION OR .ACTIVITY q�22 /9� COLyC ate, ; . r C Lint Vocu,i raaay 1. ao ➢, L9 , - CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY A081-98 none Code Amendment --Definitions n/a Chris Bendon Code Amendment n/a n/a Ord. 2-1999 Reso. 28-1998 12/28/00 J. Lindt �� Zi�'�. RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE AN AMENDMENT TO THE LAND USE CODE DEFINITIONS, SECTION 26.04.100 OF THE MUNICIPAL CODE. Resolution #98 - 28 WHEREAS, the Planning and Zoning Commission has considered and passed a resolution regarding proposed amendments to the Service/Commercial/Industrial (S/C/1) Zone District; and, WHEREAS, the recommendation passed by the Commission included terms not yet defined in the existing land use code and contemplated modifications to existing definitions; and, WHEREAS, the Planning and Zoning Commission has the authority to initiate an amendment to the text of Title 26 of the Municipal Code, pursuant to Section 26.92, and planning staff brought forward proposed modifications to the land use Definitions, Section 26.04.100; and, WHEREAS, pursuant to Section 26.92, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Planning Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, during a duly noticed public hearing at a regularly scheduled meeting on October 6, 1998, the Planning and Zoning Commission took and considered public testimony and recommended, by a 7 to 0 vote, the City Council approve the amendments to Definitions, Section 1-6.04.100, as described herein. NOW, THEREFORE BE IT RESOLVED by the Commission: Section 1 Pursuant to Section 26.92 of the Municipal Code, the Aspen Planning and Zoning Commission hereby recommends approval of this amendment to Definitions, Section 26.04.100 of the Municipal Code, as set forth in Section 2 below. Section 2• Recommended amendments to Definitions. Underline indicates language to be added. St-r-i1c-- e t indicates language to be removed. Plain font represents language to be unaltered. Artist Studio: is a fine arts workshop of a painter, sculptor, potter, weaver, carver, photographer, or other similar art that requires artistic skill, and not generally utilitarian, related to personal adornment, receiving the public, or engaging in retail sales. Architect Studio: A workshop primarily devoted to the design of buildings liommmml • Q • NO on Tom.• • • • • • • •� • Consignment Retail Establishment: A retail establishment in which the operator cells second hand goods as a third party agent between the buyer and seller - VIA" MO, Ef •••I •• • oo • •• !_!!' _! •e ••'grooming animals in which ovemight boarding is prohibite� Veterinary Clinic: A facility maintained by or for the use of a licensed veterinarian in the care and treatment of animals wherein overnight care is prohibited except when necessary for medical purposes Recycling Center: A building or facility used for the collection and preparation of recyclable material for efficient shipment Brewery: A facility for the production and packaging of alcoholic malt beverages for distribution which does not generally receive the public or engage in retail sales. Coffee Roasting Facility: A facility for the processing and packaging of coffee beans for distribution which does not generally receive the public or engage in retail sales. • ._ 'W •-. • M. •� • •• • but ; of limited to eloth and basket t4ei=y ..,akin, glass 1.1.,., i , and eer-amies, Section 3• This recommendation should be considered by the City Council in conjunction with Resolution 98-26, the recommendation concerning amendments to the S/C/I Zone District. APPROVED by the Commission during a public hearing on October 6, 1998. APPROVED AS TO FORM: C-�-) 1 J, Cit4 Attorney ATTEST: fackie Lothian, Deputy City Clerk PLANNING AND ZONING COMMISSION: Jasmine Tygre, Vice Chair MEMORANDUM TO: Planning and Zoning Commission THRU: Julie Ann Woods, Interim Community Development Director > FROM: Christopher Bendon, Planner &M RE: Land Use Code Amendment -- Definitions (related to S/C/I Zone) Public Hearing DATE: October 6, 1998 SUMMARY: The SCI Zone District amendments, pending, included several terms which are either newly created or revised from existing language. These definitions will become part of the Ordinance revising other elements of the SCI Zone but will apply to the City in general. There is one existing term, Shop Craft Industry, which staff is proposing to eliminate. The Artist Studio definition covers this use. This term is used throughout the code and will be comprehensively addressed during the re -codification project under study by the City Attorney. The definitions are listed under the Definitions heading, below. Staff has differentiated between new and modified terms. Staff recommends the Planning and Zoning Commission pass forward a favorable recommendation to City Council for this code amendment. APPLICANT: City of Aspen. PREVIOUS ACTION: The Commission has not formally considered this amendment although some of the definitions were discussed during the SCI public hearings. REVIEW PROCEDURE: Text Amendments. City Council may amend the text of the land use code at a public hearing after considering a recommendation from the Planning and Zoning Commission which was made at a public hearing. STAFF COMMENTS: Bob Blaich submitted a memo during the SCI public hearing detailing a definition of Art which included Architecture. However, for the purpose of defining uses allowed in the S/C/I Zone District it is important to explicitly state whether or not architects studios are allowed. The Commission has already passed judgment on this issue and it is now under consideration by the City Council. Staff s intent with these definitions is to allow the Council to consider definitions as they consider uses. Some of these definitions may not be adopted. Bob Blaich's memo has been included as Exhibit "B." Review criteria and Staff Findings have been included as Exhibit "A." DEFINITIONS: Artist Studio: is a fine art workshop of a painter, sculptor, potter, weaver, carver, photographer, or other similar art that requires artistic skill, and ngot generally utilitarian, related to personal adornment, receiving the public, or engaging in retail sales. (existing definition with new language underlined) Architect Studio: A workshop primarily devoted to the design of buildings. (new definition) Design Studio: A workshop primarily devoted to the design or representation of built form, products, or graphic arts. (new definition) Consignment Retail Establishment: A retail establishment in which the operator sells second hand goods as a third party agent. �w +4-K SSeAb� (new definition) Animal Boarding Facility: An establishment which houses animals overnight or over an extended period of time. (new definition) Animal Grooming Establishment: An establishment principally engaged in grooming animals in which overnight boarding is prohibited. (new definition) Veterinary Clinic: A facility maintained by or for the use of a licensed veterinarian in the care and treatment of animals wherein overnight care is prohibited except when necessary for medical purposes. (replaces in whole the following definition: means an enclosed facility within a building or portion thereof for the care and treatment of animals, where boarding of healthy animals is prohibited and adequate provisions are made to avoid any and all adverse impacts on the surrounding neighborhood which might otherwise result from noise, odors, waste, and the like.) 2 Recycling Center: A building or facility used for the collection and preparation of recyclable material for efficient shipment. (new definition) Brewery: A facility for the production and packaging of alcoholic malt beverages for distribution which does not generally receive the public or engage in retail sales. (new definition) Coffee Roasting Facility: A facility for the processing and packaging of coffee beans for distribution which does not generally receive the public or engage in retail sales. (new definition) Commercial Kitchen: means a commercial establishment producing or wholesaling prepared food items in which retail dispensing is prohibited. (replaces Commercial Bakery: means a bakery in which there is permitted the production and/or wholesaling of baked goods, but where over-the-counter or other retail dispensing of baked goods shall be prohibited.) Shop Craft Industry: means any establishment producing one -of -a -kind products which are handmade or made with limited mechanical assistance. This includes but is not limited to cloth and basket weaving, pottery making, glass blowing, and ceramics. (entire definition to be eliminated with recodification of the land use code) RECOMMENDED MOTION: "I recommend City Council adopt these proposed definitions, as part of the pending O amendments to the S/C/I Zone District, as outlined in the Community Development Department memo dated October 6, 1998, and as outlined in P&Z Resolution 98- 77 ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Memo from Bob Blaich Exhibit C -- P&Z Resolution 98- 3 Exhibit A STAFF COMMENTS: Text Amendment In reviewing an amendment to the text of this Title, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: The proposed code amendment does not represent a conflict with other sections of the land use code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: These changes are follow-up items related to the SCI Zone District amendments. The pending SCI amendment is in compliance with the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: Again, these definitions are follow-up items for the SCI Zone District. These amendments have been tabled and will be again considered in conjunction with these definitions. D. The effect of the proposed amendment on traffic generation and road safety. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding_ Does not apply. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: This is intended to support the code amendments for the SCI Zone which is compatible with the community character. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: City Council has requested the definitions for new uses in the SCI Zone be included as part of the SCI Ordinance. staff comments page 1 I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding: This proposed amendment does not pose any conflicts with the public interest. staff comments page 2 Blaich Associates January 6, 1998 Design Management Consultants 319 North Fourth Street Aspen, 81611. Colorado, U.S.A. Tel. 970-920 9276 Fax 970-920 3433 E-Mail: blaich@sopris.net Memo to: Aspen Planning and Zoning Commission CC: Stan Clausen Julie Ann Woods ChristophP� Bendon Re:SCI Code Amendment There was considerable discussion in the November 18". Meeting with regard to the definitions of artists, architects and designers. For purposes of clarification the following definitions are from Webster's New Universal Unabridged Dictionary. Art: The disposition or modification of things by human skill, to answer the purpose intended. 2. Creative work generally, or its principles; the making or doing of things that have form and beauty: Art includes painting, sculpture, architecture, music, literature, drama, the dance, etc. The term Fine Arts usually is restricted to the graphic arts, drawing, painting, sculpture, ceramics, and, sometimes, architecture. Artist: 1. One who is skilled in or works in any of the fine, especially graphic arts. 2. A person who does anything very well, with a feeling for form, effect, etc.; as, his cook is an artist. Architect: 1 . One skilled in the art of building, one who designs buildings, draws up plans, and generally supervises the construction. 2. Any similar designer 3. Any builder or creator Design: 1. To make designs. 2. To make original plans, sketches, patterns, etc. Designer: 1. One who designs. 2. One who conceives or forms original designs; original patterns, etc. 3. Planning. Graphic Arts: 1. 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F 0= C `•' p L p m r 7 Z C o r r-J ^ r y C V O O Z N L m- .V.. _ G a° L C V C O_ Z w Q V W G U °n d CQ L J A C.i E C. U U C C G '`S E d'J S A n d 3 GD E„E pEYEu Svc mc=Ecu c$ gn�> °d cood:: v. u,Q>� �cd E C h y c : u `p 06'a. rrs C=ci N io c _ O- ca8 'Ti i C V C V G E> I 'i L CCr V =: ^ m L .T. L C` VVn°dp-CV q -A m`u 000 E.TeL'T••OQ`COG^Om. -C C 3AmV Erzm nyo d- V`Q > C T V m 1 N G L i v i' E> C- -, O m m V c J V V J C .V. `J T r m `r 'r G` O d O ME r T E u L T C Y L - C E C L--. - r `` C t_ ._ -> C- V >. L C - m> ^ ^ V r r -p iEn=u- ;,:y � _ m mm 3TaZE o E_u -du a; m tYr G zs'" p C L A A E H T Y p C Y C G C .. Jc iu"'A _E �dCc_nus3e `..-_IE cwcma camp d- C7m CT gynC3 �'y aGVY rL mV TrAm r'mrq> AVL 1T-"Zc-� 2J n>O V C�nC Y'_-_�jL- TV rL TOm V'�G ■= C`rLL Cn n� LC- T V �EmGgrr.co.-ra c pppY00p E o ^ T`3rC d9RC VddN i�yCV�OEC3VC�L Gg4U=3r+��E EYNCn VR�vCCC wGC LTx -Oncya9=rr'o E. °c` cEw �cwT -ua E;,+ _ uE_ -u E19 x V p Q C tt V YY C T r_ yC °4rc-muYr _A`_ uI�lu�-Fr�3 4.-L�3'-40� '�i� �tcc oGa�r as 0 • 14-E The Aspen Times - Saturday -Sunday, September 19-20, 1998 • Saturday -Sunday, September 19-20, 1998 - The Aspen Times 11-E '✓ year in all capwithout extra charge. Thereafter,' all caps equal 2 words. 1/2 PRICE DISCOUNT: t 112 off on The<Aspen Times Weekly edition if you run the Same ad 3 or more es In the daily edition. Boxed ads and ClaooifiedDisplay ado included. CLA551FIED P15PLAY ADS minimum for 15 word5, 60 cent$ per word thereafter. This includes a bold, tiered heading; larger print, border and placement. Additional 1-word charge' extra bold words, extra centered lines, all cape, bullets, or line Space. DEADLINE: 5day it 5 p.m. All classifieds are prepaid, unleo5 you have an active com- house charges. Cash refunds must be picked up within 6 ;ejlation date. CORRECTION5 Real Estate OutofArw 38 ACRES WITH BIG, BEAUTIFUL HOME Exceptional Cedaredge Acreage Comes with separate property with reservoir on Grand Mesa. "Lit- tle Grouse Reservoir" 40 acre feet of water. Very good irrigation rights. Raises 70-80 tons of hay per year. Artesian well with three fish ponds. 3BR, 2ba home, two sotry, two fireplaces, metal siding and metal roof. Includes mobile home which pro- vides consistant rental income. 50' x 30' shop with concrete floor. Tons of amenities; hay barn, lawn sprinkler system, etc. $650,000 Call Virginia for details, (970) 856-3852. Horse Property II Deluxe! ux II Colbran, Colorado. 58.1 acres, irrigation water. BARN WITH 4 HUGE STALLS, each stall 18' x 20', stalls constructed from cinder block, cool and safe. Indoor arena, 75' x 105'. •Tyco large tack rooms. 100' X 200' OUTDOOR ARENA. Large shop, with built in work benches and two large, overhead garage doors. BLM access and National forest near- by. HUGE HOME with 360- views. 4600 sq. ft. house, 6BR, 3ba, 13 walk in clos- ets. Jacuzzi in Master bath. One large brick fireplace and one wood stove. Call Bill Wagner at Metro Brokers at (970) 243-3376 I I LAKE CITY, CO. Spectacular & unspoiled southwestern Colorado R 1 mountain town with beautiful lakes, Real Estate ea Este rivers, national forests & 14,000 foot Ot11'ofAm OL#ofAm peaks. Builder/ owner offers 2 new, custom homes: Log home in the Pines- 4/ 3/ 2, breathtaking mountain views, 11.92 ACRES VACANT Land. Beautiful views, great building site. 16 newly planted fruit trees. $115,000. Call Doug at UNITED COUNTRY/ PROGRES- SIVE REAL ESTATE (970) 527-5700. (9 / 7 - 18; 37-38cc) 13 + SPECTACULAR ACRE bordering the town of Twin Lakes. Lake and mountain views, $250,000. 250 + wilderness acres, 23 miles from Aspen, east side of Independence Pass. Stream with fish, additional high moun- tain stream, unbelievable views, $2500/ acre. 54 + beautiful acres with stream, west of Mount Elbert (Elbert can be climbed directly from property), $2000/ acre. .(970) 927-9012 or 925-2765. (9/10-16;38c) borders wilderness, fishing rights on river, $349,000. Beautiful Cedar & stone on 1.5 acres- 4/ 3/ 1•, oreat floor plan, $289,000. Toll free (888) 999- 1221.(38 cc) RIVERFRONT 15 ACRE Gentleman's Ranch. Water rights, mature shade trees, spring fed pond, 2BR house cur- rently rented for $500/ month, close to town of Paonia, yet private, and priced to sell quickly at $219,950. Call 923- 6828. Rccealtate Es ASPS lal� #1 ASPEN HOUSE, 4 bedrooms, cen- . ALASKA: 110 ACRES in Matanuska FLORIDA TRADE: Trade our New ter Aspen, walk everywhere. Great buy, Valley, Knik Arm. Invest now and wait principals only, $900,000 firm. 920- Smyrna Beach, 5000 sf executive 2959. 9/4-18;37-38c for the Greenhouse Effect to make it home in golf community for a ski home. ( ) worth millions. $200,000. Su Lum, 925- 3BR, 3.5ba, 1100 sf master suite. Call $83,000- $127,500- BEAUTIFULLY 7839. 925-7839. PO Box 1571, Aspen, Randy at (704) 663-2544 or email: FURNISHED Aspen studio condos. Ski CO 81612. 1rroth@vitexinc.com (9/1-28: 36-39cc) in, ski out, pool, jacuzzi, great views and more! Not a timeshare. Aspen Real cbwe Aspen 2 ADJACENT 20 ACRE Plus, unpatented mining claims on Castle Creek, six miles from Aspen. $42,000. Call 925-4773, Aspen Resort Accom- modations. (9/10-23:38-39c) Advertise with the Best pVJAR co or cress (TINN)e3 FlZEcs To place your classified call 925- 3430, fax us at 925-6240 or come by our offices at 310 East Main Street. Brokers Welcome! ASPEN VIEW LOT 4 Minutes to gondola. Spectacular, panoramic views of Aspen and Aspen Mountain. 1/2 acre with underground utilities. $745,000. Owner 925-4366 ( 9 / 16- 29; 38-39c) Did you know that now ALL ads we publish, are now on the Internet? Check it out!! THE ASPEN TIMES Call the Aspen Times today at 925-3430. 0 :i r ,. Old Snowmass One of a kind. 150 + acres. Extreme beauty. Extreme privacy. Bordering national forest, mead- ows, creek, woods, pond, etc. $3.3 Million. 925-1795. (9/1-30;36-39cc) PANORAMIC VIEWS from this scenic lot located on Upper Ranch Road in the lower part of Brush Creek Village. Enjoy living here with panoramic views of Cozy Point Ranch, Independence Pass, Aspen Mountain and Woody Creek. Water tap fees have been paid. Brush Creek Village, $215,000. Con- tact Kent Schuler at Aspen Real Estate Company, 920-2006. (9/14- 25:36-38- 39c) SOMEWHAT AFFORDABLE housing from Aspen to Carbondale. Call Bette Gallagher, Broker, (970) 925-7477. (6/30tf;27tfc) TOP FLOOR, corner unit. Skylight, fire- place. Prime location, excellent rental. 26R 2BA. $499,500. Dennis Jung, Frias Properties, 920-2000. (3/27tf ;14tfc) 1:1iT Downvalley 2BR 2.5BA MIDVALLEY Townhome. Excellent condition. $149,900. By Owner/ Agent (303) 948-3027. (9/10- 25:38-39cc) 35.22 ACRES BORDERING BLM. Pri- vate homesite with BLM on two sides. Dogs and horses allowed; 1041 hazard review in place. Call for information on owner financing. East Sopris Creek, $210,000- Kent Schuler- Aspen Real Estate Company, 920-2006. (9/9- 22:37-38c) 35.22 ACRES BORDERING BLM. Pri- vate homesite with BLM on two sides. Dogs and horses allowed; 1041 hazard HEAVILY DISCOUNTED Price for 30 review in place. Call for information on days only on 2BR, 2BA in Snowmass owner financing. East Sopris Creek, condominium with P car twos ace carport $220,000- Kent Schuler- Aspen Real P Estate Company, 920-2006. 9/17-30c and huge storage. $245,000. Contact( ) Michael Cooper at Aspen Real Estate Company- 920-2006 or 923-6947. 3BR 1 BA RANCH style, 1 car garage, (9/7tf:37ffc) deck, quiet street in Rifle, $129,000. IN TOWN LOCATION, light and bright Contact Martin Specking (970) 625- 3BR, 2ba half duplex is ideal. Conve- 3931. (9/16-22;38cc) nience to the bus route, top floor loca- 8000 SF LUXURY Estate. Extraordinary tion, south facing deck and a fireplace. new home. 70' lap pool, home theater 810 Cemetery Lane. $479,000. Contact rooms, 6BR's, caretaker suite, much Kent Schuler at Aspen Real Estate more! Tremendous value at $875,000. Company, 920-2006. (9/14- 9/25:38- Aspen Central Properties, 925-7301. 39c) (9/9tf:37tfc) Stylish Aspen Townhome Designer's home, great price per square foot, extra closet and stor- age space. COMPLETELY RENOVATED, This river -front home enjoys stunning views of Mt. Sopris and the Roaring Fork River. Golf course lie grounds comple- ment this immaculate, contemporary residence. $950,000. Mason & Morse Real Estate, 963-3300. (9/16-18:38c) DAKOTA MEADOWS, prime cul- de - sac location, 3br 2.5ba, garage, hot tub, fireplace, $249,900. 925-2025, 704-0512. (8/28-9/11;36-37cc) FANTASTIC ASPEN Glen homesite. Fairway frontage, unobstructed views of Sopris. $360,000. Membership Il It, UUCU. lien IVI I Kid dt U'iD-DDDy Ur J/U- 1480.(9/16-25;38-39cc) LAKESIDE ESTATE with over 10 acres of Aspens, Pines, meadows, stream, and ponds. Furnished, 5BR, 5ba home with vaulted ceilings, large windows, custom gourmet kitchen, balconies, outside hot tub, and apartment. Ruedi South Shore, $995,000. Contact Kent Schuler at Aspen Real Estate Compa- ny, 920-2006. (9/14- 9/25:38-39c) NEW LISTING! Simply lovely! 1 acre building site on Westbank Mesa between Carbondale and Glenwood Springs. Convenient corner location, gently sloping with views of the Flattops and lower Roaring Fork Valley. Excel- lent sun. Close to golf. $112,000. Nancy Emerson, Mason & Morse Real Estate, 963-3300. www.forresults.com/nancy (9/14 17:38c) STUNNING FLOOR plan in the Roar- ing Fork Mesa. Two master suites, DELTA COUNTY: Near Black Canyon, HALF MILE Rlvedront, big view ranch Central Properties, 925-7301. 5/27- P ( extensive upgrades. River, Mt. Sopris 15 acres, water tap, county road, beau- sites, approximately 5 acres each, all 29:22c) RIVERFRONT Building site just eight and golf views. Creek and pond tiful views. Ranching neighbors. Modu- utilities and roads completed, 4 miles s miles from Aspen! 3.2 acres, only frontage. Warm, open spaces. Includes lar, mobile or build on. $7800. Query to town, 8 parcels remaining, $275k- FOR SALE By Owner, 18 acre wooded $499,000!! Very private. Call Dennis golf membership. $898,000. Mason & voice mail at ( 970) quick 921-5115; $300k, Crested Butte, CO (888) 349- lot on Roaring Fork River. $1,000,000. Jun today, Frias Pro Properties, 920-2000. Ptf:40tfc) Morse Real Estate, 963-3300. 9/16- response. (37p) 1827. (29-39cc) (970) 920-1938. (9/3-30;37-39c) (9/29 18:38c) 0 • I 0 A11111111111111, Commissioners does hereby authorize the con- 530 East Main Street Third Floor Reference to exhibits are available for inspec- this process by providing up to $1,500.00 annu- immediately upon its final adoption. veyance of the Emma Bridge to the Town of Aspen, CO 81611. tion at the Clerk and Recorder's Office, Jeanette ally in cash or in -kind -services to each caucus to INTRODUCED AND FIRST READ ON THE 19TH Basalt and the entry of an Intergovernmental The foregoing Agreement is approved by the Jones, at 530 East Main Street, Aspen, Colorado help provide notification and publication of min- DAY OF AUGUST 1998, AND SET FOR PUBLIC Agreement concerning this conveyance. Board of County Commissioners of Pitkin 81611, during regular business hours. utes of its meetings. HEARING. Copies of the full text of the Ordinance #98-37 County at its regular meeting held on the day Copies of the full text of the Ordinance #98-38 4.9 County Notification of Citizens NOTICE OF PUBLIC HEARING PUBLISHED IN are available for public inspection from 8:30 to _ of _, 1998 and by the Board of Trustees of the are available for public inspection from 8:30 to The County will annually publish, in at least THE ASPEN TIMES WEEKLY ON THE 22ND DAY 4:30 in the Office of the Clerk and Recorder, 530 Town of Basalt at a regular meeting held on the 4:30 in the Office of the Clerk and Recorder, 530 one local paper, by a one-third page notice, the OF AUGUST 1998. East Main Street, Aspen, Colorado 81611 Phone: _ day of _ , 1998. East Main Street, Aspen, Colorado 81611 Phone: date, time and place of the annual caucus meet- APPROVED AND ADOPTED AFTER CONTINUED 970-920-5180 BOARD OF COUNTY COMMISSIONERS, 970-920-5180 ing if that information is known to the County SECOND READING AND PUBLIC HEARING ON Jeanette Jones p, FKIN COUNTY, COLORADO .Jeanette Jones prior to annual caucus meeting. THE 8th DAY OF SEPTEMBER 1998. Deputy County Clerk By. Dorothea Farris, Chair Deputy County Clerk 4.10 Meetings PUBLISHED AFTER ADOPTION IN THE ASPEN EXHIBIT A to ATTEST: Jeanette Jones, Deputy Clerk Published in The Aspen Time$ September 19, Each recognized caucus must designate a set TIMES WEEKLY ON THE 19th DAY OF SEPTEM- ORDINANCE NO. 98-37 TOWN OF BASALT, COLORADO date, time and place for its annual meeting when BER 1998. INTERGOVERNMENTAL AGREEMENT By: Richard P. Stevens, Mayor PUBLIC NOTICE officers are elected. Attachment "A" THIS INTERGOVERNMENTAL AGREEMENT (the ATTEST: Town Clerk PLEASE TAKE NOTICE: That the Board of 4.11 Master Plans REPLACE THE 3'% COUNTY USE TAX WHICH "Agreement") is made this _ day of _) 1998 by EXHIBIT A to County Commissioners of Pitkin County, The County Commissioners and the Planning EXPIRES DECEMBER 31, 1998, WITH A 20-YEAR and between the Board of County INTERGOVERNMENTAL AGREEMENT Colorado, at its regular meeting on September 9, and Zoning Commission will encourage the PROPERTY TAX IN ORDER TO DEDICATE FUND - Commissioners of Pitkin County, Colorado, QUITCLAIM DEED 1998, and after a duly -noticed public hearing, development of Caucus Master Plans. The ING FOR THE 20-YEAR CAPITAL ROAD REPLACE - whose address is 530 East Main Street, Aspen, THIS DEED made this _ day of _ , 1998, adopted the following Ordinance: County Commissioners shall specify the criteria MENT PLAN Colorado ("the County") and the Town of Basalt, between the Board of County Commissioners of AN ORDINANCE OF THE BOARD OF COUNTY for the Caucus Master Plan development prose- SHALL PITKIN COUNTY TAXES BE INCREASED Colorado ("Basalt"), whose address is 101 Pitkin County, Colorado, a Colorado Home Rule COMMISSIONERS OF PITKIN COUNTY, dures, and local caucus approval. Caucus UP TO $1,529,000 ANNUALLY FOR 20 YEARS: Midland Avenue, Basalt, Colorado. The County County ("Grantor"), whose legal address is 506 COLORADO, REZONING THE LAZY GLEN Master Plans which satisfy such criteria shall be HOW and Basalt are sometimes collectively referred East Main, Aspen, Colorado 81611, and the Town MOBILE HOME PARK PARCELS FROM SR recognized by the Planning and Zoning - BY AN INCREASE OF THE GENERAL FUND to as the "Governments." of Basalt, Colorado, a municipal corporation (SPECIAL RESIDENTIAL), PMH (PERMANENT Commission, and County Commissioners. The PROPERTY TAX LEVY OF UP TO 1.39 MILLS; RECITALS ("Grantee"), whose legal address is 101 Midland MODERATE HOUSING) TO MHP Caucus Master Plan shall be considered as one WHEN 1. This Agreement is entered into pursuant to, Avenue, Basalt, Colorado 81621. (MOBILE HOME PARK) of the Primary advisory documents in the devel- - TO BEGIN WITH THE 1998 TAX YEAR (COL - inter alia, C.R.S. §29-1-201, et seq. and Article WITNESSETH, that the Grantor, for mutual con- ORDINANCE #98- opment of county laws, rules and regulations LECTION TO BEGIN IN 1999) AND END IN THE XIV, Section 10 of the Colorado Constitution. sideration, the receipt and sufficiency of which - Notice of Public Hearing published in The Aspen which affect caucus areas. TAX YEAR 2018; 2. The Governments are duly constituted gov- is hereby acknowledged, has remised, released, Times on the 15th day of August, 1998. Copies of NOW THEREFORE BE IT RESOLVED BY THE - WITH PITKIN COUNTY ALLOWED TO RETAIN ernmental entities, governed by Boards or sold, and quitclaimed, and by these presents the full text of the Ordinance are available for BOARD OF COUNTY COMMISSIONERS OF THE FULL REVENUES FROM THE PROPERTY Councils elected by qualified electors of the does remise, release, sell, and quitclaim unto public inspection during regular office hours in PITKIN COUNTY, COLORADO, that the above TAX IN ANY SUBSEQUENT YEAR EVEN THOUGH County and Town mentioned above, both of the Grantee, its successor and assigns, forever, the office of the Clerk and Recorder, 530 E. Main proposed amendments to the Charter be sub- THE ANNUAL REVENUES FROM THE TAX which are located in Colorado. all the right, title, interest, claim, and demand St., Aspen, Colorado 81611. Phone: (970) 920- mitted to the qualified electors of Pitkin County EXCEED $1,529,000 DUE TO INFLATION AND 3. The purpose of this Agreement is to set forth which the Grantor has in and to the real proper- 5180. at an election to be held November :3, 1998, pur- GROWTH AS AUTHORIZED BY THE STATE CON - the respective responsibilities and obligations ty, together with improvements, if any, situate, Jeanette Jones, , suant to Section 8.1.1 of its Charter and C.R.S. STITUTION; of the Governments relating to the transfer and lying, and being in the County of Pitkin and the Deputy County Clerk �§30-11-506, as the following ballot question: WHY conveyance of the old Emma Bridge and that State of Colorado, described as follows: Published in The Aspen Times Sept. 19, 1998. AMENDMENT TO ARTICLE IV - CAUCUSES OF - FOR THE PURPOSE OF SUPPORTING GENERAL portion of the old Emma Road within Pitkin County, also known as Count Road No. 2, also y y The Emma Bridge, PIT-002-00. 1. PUBLIC NOTICE THE HOME RULE CHARTER "Shall COUNTY FUNCTIONS SO THAT $1,529,000 OF - known as Basalt Avenue, from its intersection TO HAVE AND TO HOLD the same, together with all and singular the a g appurtenances and NOTICE IS HEREBY GIVEN THAT the Board f the Pitkin County Home Rule Charier be amended to provide that caucuses may receive THE COUNTY'S GENERAL SALES TAX SHALL BE SHIFTED TOGETHER WITH AN EXISTING with Two Rivers Road to its intersection with sadtoDepartment. privileges thereunto belonging or in anywise County Commissioners, at a special meeting on o September 8, 1998, adopted the following county support to facilitate their meetings; that $509,t100 OF SALES TAX AND DEDICATED ANNU- the Colorado of Transportationith thereunto appertaining, and all the estate, right, Resolution #98-156 notice of caucus meetings shall be published; ALLY FOR 20 YEARS TO THE COUNTY CAPITAL Highway 82 Right -of -Way. 4. Pitkin County has agreed to fund $85,000 to title, interest, and claim whatsoever, of the A RESOLUTION OF THE BOARD OF COUNTY that the County shall publish notice of the annu- ROAD REPLACEMENT PLAN; AND Basalt for the replacement for the Emma Bridge, Grantor, either in law or equity, to the only prop- COMMISSIONERS OF PITKIN COUNTY, al caucus meetings when officers will be elected; - TO REPLACE THE 3% USE TAX WHICH EXPIRES to be paid to Basalt upon its taking possession er use, benefit and behoof of the Grantee, its successors and assigns, forever. COLORADO SUBMITTING TO THE ELECTORATE AT AN ELECTION TO BE HELD and that provides that caucus master plans will be one of the primary advisory documents con- DECEMBER 31, 1998? Copies of the Resolution are available for public of the Emma Bridge. 5. The County and Basalt have agreed that the IN WITNESS WHEREOF, the Grantor has execut- NOVEMBER 3,1998, PROPOSED CHANGES TO sidered in its development of County regula- inspection during regular business hour in the Town will accept conveyance of the Bridge by a ed this deed on the date set forth above. BOARD OF COUNTY COMMISSIONERS OF THE HOME RULE CHARTER ARTICLE IV BY THE ADDITION OF SECTIONS 4.0, 4.7, 4.8, 4.9, 4. 10, lions?" INTRODUCED, FIRST READ, AND SET FOR PUB- Office of the Clerk and Recorder, 530 East Main Street, Aspen, Colorado 81611. Quit Claim Deed in the form attached hereto as PITKIN COUNTY, COLORADO 4.11 LIC HEARING ON THE 19TH DAY OF AUGUST, Phone (970) 920-5157 or 920-5180. Exhibit A and incorporated by this reference. By: RESOLUTION #98-156 1998. Jeanette Jones, 6. The County has authorized a total expendi- Dorothea Farris, Chair (AS AMENDED - 9/8/98) NOTICE OF PUBLIC HEARING PUBLISHED IN Deputy County Clerk ture of $350,000 out of its Highway 82 Use Tax STATE OF COLORADO RECITALS THE ASPEN TIMES ON THE 22nd DAY OF Published in The Aspen Times on Sept. 19, 1998. revenues for the round -about and slip lane pro- ss 1. The County of Pitkin in the State of Colorado AUGUST, 1998. jest. Pursuant to an oral understanding between the County and Basalt, $175,000 of the funding is COUNTY OF PITKIN is a duly created political subdivision of the APPROVED UPON SECOND READING AND PUB- PUBLIC NOTICE aid to be in 1998 an additional $175 000 f the P ° The foregoing instrument was acknowledged State organized and operating as a home rule LIC HEARING ON THE 2ND DAY OF SEPTEMBER, NOTICE IS HEIZE13Y GIVEN THAT the Board of � fundingis to be aid in 1999. The terms and con- P before me this _day of _ , 1998 by Dorothea charter county pursuant to the general statutes 1998. County Commissioners, at a special meeting on ditions of such payments are set forth in this Farris Chair of the Board of n County of the State and a county home rule charter PUBLISHED AFTER ADOPTION IN THE ASPEN c September 8, 19J8, and after aduly-noticed pub- Commissioners of Pitkin County, Colorado. ("the Charter") adopted pursuant to the TIMES ON THE 12TH DAY OF SEPTEMBER, 1998. lic hearing published in the Weekend Edition of Agreement. 7. The terms and conditions for the Emma Witness my hand and official seal. Colorado Home Rule Powers Act. AMENDED AND APPROVED UPON RECONSID- The Aspen Times on August 29, 1998, adopted Bridge funding are set forth in the Memorandum My commissioner expires: _ 2. The members of the Board of County ERATION ON THE 8th DAY OFSEPTEMBER, 1998. the following Resolution # 98-163 of Understanding dated November 21, 1997 Notary Public Commissioners of the County ("the Board") RE -PUBLISHED AFTER ADOPTION IN THE A RESOLUTION OF THE BOARD OF COUNTY between the County and Basalt ("Emma Bridge Accepted by: have been duly elected, chosen and qualified. ASPEN TIMES ON THE 19TH DAY OF SEPTEM- COMMISSIONERS OF PITKIN COUNTY, MOU"). TOWN OF BASALT, COLORADO 3. Pursuant to Section 8.1.1 of Charter and C.R.S. BER, 1999. COLORADO SUBMITTING TO THE 8. The Governments are authorized to enter into By: Richard P. Stevens § 30-11-506 the Board may by resolution propose Copies of the full text of the Resolution #98-156 ELECTORATE AT AN ELECTION TO BE HELD this Agreement, and have determined it is in the STATE OF COLORADO ) changes an amendments to the Pitkin County are available for public inspection from 8.30 to NOVEM13ER 3,1998, A QUESTION REGARDING best interests of the citizens of Pitkin County ) ss. Charter to be submitted to the qualified electors 4:30 in the Office of the Clerk and Recorder, 5:30 ALTERNATIVES TO VALLEY -WIDE TRANSIT and the Town of Basalt to enter into this COUNTY OF PITKIN The foregoing instrument was acknowledged of Pitkin County. 4. The Board recognizes that it is appropriate to East Main Street, Aspen, Colorado 81611 Phone: 970-920-5180. RESOLUTION #98-163 RECITALS Agreement. . AGREEMENT before me this 25 clay of August, 1998 by. Richard amend Article Vlll of the Charter by the addition Jeanette.lones 1. The County of Pitkin in the State of Colorado NOW, THEREFORE, for and in consideration of P. Stevens, mayor of the Town of Basalt, of Sections 4.0, 4.7, 4.8, 4.9, 4. 10 and 4.11. . Deputy County Clerk is a duly created political subdivision of the the mutual promises and agreements of the par- Colorado. Witness my hand and official seal. 5. This Resolution was originally passed on September 2, 1998 and is hereby amended fol- Published in The Aspen Times September 19, 1998. State organized and operating as a home rule charter county pursuant to the general statutes ties and other good and valuable consideration, My commissioner expires: June 6, 2001. lowing a majority vote to reconsider. of the State and a county home rule charter the adequacy and sufficiency of which is hereby Smila K. Schilly 6. The County will annually publish, in at least PUBLIC NOTICE "the Charter" pursuant to the C ) adopted I acknowledged, the parties agree as follows: I.Emma Bridge Project. The County shall fund Notary Public 101 Midland Ave. one local paper, by a or.e-third page notice, the date, time and place of the annual caucus meet- PLEASE TAKE NOTICE: That the Board of County Colorado Home Rule Powers Act, . the remaining $85,000 of money it pledged for Basalt, CO 81621 ing it that information is known to the County Commissioners of Pitkin County, Colorado, adopted the following Resolution at the Board's The members of the Board of County Commissioners of the County ("the Board" ) the Emma Bride rothe immediately upon g project, y P Basalt's acceptance of the Quit Claim Deed for Published in The Aspen Times Sept. 19, 1998. p p prior to annual caucus meeting. ARTICLE IV - CAUCUSES regular meeting on Tuesday, September 8, 1998. have been duly elected, chosen and qualified. the conveyance of the Emma Bridge to Basalt. PUBLIC NOTICE Current Language of Article IV A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF Basalt agrees to comply with all provisions of the State Bridge Grant and all other obligations NOTICE IS HEREBY GIVEN THAT the Board of County Commissioners, at its regular meeting 4.1 Establishment of Caucuses: Initial Meeting 4.1.1 A caucus may be established by any qual- COLORADO, SUBMITTING TO THE PITKIN COUNTY, COLORADO: of the Emma Bridge MOU. on September 9, 1998, and after a duly -noticed ified elector who calls a meeting at a convenient ELECTORATE AT AN ELECTION TO BE HELD ON NOVEMBER 3,1998, LOCAL GOVERNMENT 1. That the following question shall be submit - led to the electorate at an election to be held 2. Round -about / Slip Lane Project public hearing published in the Weekend Edition time and place within the proposed caucus area. MATTERS ARISING UNDER SECTION 20 OF November 3, 1998: A. Basalt shall: (1) complete construction of the round about of the Aspen Times on August 29, 1998, adopted the following Ordinance #98-38: An information campaign shall be conducted to ensure that all qualified electors and non-resi- ARTICLE X OF THE STATE CONSTITUTION AND "Do you support the concept of a Valley -Wide and related pedestrian bus stop and traffic AN ORDINANCE OF THE BOARD OF COUNTY dent real property owners in the proposed cau- ARTICLE IX OF THE COUNTY'S HOME RULE CHARTER Rail system linking Glenwood Springs to Aspen?" improvements in 1998, and submit a payment County County COMMISSIONERS OF PITKIN COUNTY, - toLORADO cus area know of the date, time, place and pur- Resolution # 98-157 Copies of the full text of Resolution #98-163 are request to the (attention of the AUTHORIZING THE GRANT AND pose of the meeting. RECITALS available for public inspection from 8:30 to 4.30 Engineer) with copies of itemized bills for that RELEASE OF RIGHTS OF WAY FOR UPPER 4.1.2 At the initial meeting it shall be decided 1. The County of Pitkin in tile State of Colorado in the Office of the Clerk and Recorder, 530 East work. (2) build a westbound slip lane from Emma Road RIVER ROAD, FOR THE GRANT OF AN EASEMENT FROM THE ASPEN FIRE by majority vote of the qualified electors (and non-resident real property owners) in atten- (the "County" and the "State," respectively) is a duly created political subdivision of the State, Main Street, Aspen, Colorado 91611 Phone: 970- 920-5180. to Highway 82 in 1999 and submit a payment PROTECTION DISTRICT FOR UPPER RIVER dance whether a caucus should be formed. organized and operating as a home rule county Jeanette Jones request to the County (attention of the County Engineer) with copies of itemized bills received ROAD, AND TO GRANT A PARKING EASEMENT AGREEMENT TO MICHAEL K. UNDERWOOD 4A.3 Each caucus shall adopt its own operating procedures and by-laws within the scope of the pursuant to the general statutes of the State and "Charter") Deputy County Clerk for all such work. AND MARY JANE UNDERWOOD Article, a county home rule charter (the adopted pursuant to the Colorado County Home Published in The Aspen Times September 19, 1998. B. The County shall: Ordinance No. 98-38 4.2 Recognition of Caucuses Rule Powers Act. (1) promptly review the itemized bills for the Recitals The Board, after satisfying itself that the provi- 2. The members of the Board of County PUBLIC NOTICE round -about work and associated improve- I. Mary Jane Garth, a/k/a Mary Jane sions of this Article have been met, shall recog- Commissionersof the County (the "Board") NOTICE IS HEREBY GIVEN THAT the Board of ments. Payment to Basalt shall occur following Underwood, and Michael K. Underwood ("the nize the caucus and establish the caucus area by have been duly elected, chosen and qualified. County Commissioners, at a special meeting on approval of the bills and payment request from Underwoods") are the owners of property in resolution. 3. The Board has a tax increase proposal that September 8, 1998, and after a duly -noticed pub - Basalt by the County Engineer. Pitkin County, Colorado as described in Book 497 at Page 634 of the records of the Pitkin 4.3 Composition requires voter approval. pursuant to Section 20 lic hearing published in the Weekend Edition of (2) to the extent that the round -about and asso- County Clerk and Recorder's Office, located in A recognized caucus shall consist of all the of Article X of the State Constitution and Article The Aspen Times on August 29, 1998, adopted crated improvements exceed $175,000, payment Section 16, Township 9 South, Range 85 West of qualified electors who reside in the caucus area, IX of the Charter, and it desires to submit such the following Resolution # 98-164: for amounts in excess of $175,000, but less than the Sixth Principal Meridian ("the Underwood together with the non-resident owners of real proposal to the electorate at the election to be A RESOLUTION OF THE BOARD OF COUNTY $350,000, shall be made in the first quarter of Property"), property within the caucus area. held on November 3, 1998. COMMISSIONERS OF PITKIN COUNTY, 1999, after approval of the payment request by the Count Engineer. g 2. The As en Fire Protection District a geed to I b 4.4 Voting Each caucus member shall have one (1) vote 4. Section 20 of Article X of the -State Constitution ("Amendment One") requires voter COLORADO SUBMITTING TO THE ELECTORATE AT AN ELECTION TO BE HELD y (3) cooperate in good faith with Basalt to pro- accept a donation of a portion of the Underwood Property from the Underwoods for on all matters appropriate for caucus votin, g' approval of certain local government matters PP NOVEMBER 3, 1998, PROPOSED CHANGES TO vide information to Basalt concerning the status use as a new fire station and a post office, and Voting on any other basis may be conducted on special matters for information purposes only, including the following: a. of a new tax, tax rate increase, mill THE HOME:RllC CHARTER ARTICLE VIII AMENDING SECTIONS 8.6 AND 8.6.3 of the referenced portion of Basalt Avenue as a public road. Such information shall include any obtained a rezoning of the parcel in Ordinance No. 97-32 and approval of the growth manage- and must clearly identified as such. above t levy above that for the prior .3 RESOLUTION #98- 164 #98 4 Highway User Tax Fund requests relating to that ment and subdivision exemption for essential iz 4.5 Recognized Caucus Area Recognized caucus areas the greatest extent year, or extension of an expiring tax, or a tax poi- icy change directly causing) net tax revenue RECITALS 1.is The County of Pitkin in the State of Colorado road, copies of maps depicting the road, copies of deeds referring to the road, and such other community facilities by Resolution No. 97-146. 3. A condition of the land use approval, in possible shall reflect geographically contiguous a gain pursuant Section 2change' - S a duly created political subdivision of the information as the County might have concern- Resolution No. 97-146, paragraph 13, is that the areas with social, economic, cultural and sour- f b. approval of revenue changes pursuant to State, organized and operating as a home rule ing its status as a public highway pursuant to owners of the property and the County must ronmental communities of interest. There shall be only one recognized caucus in each geo- Section 20(7). S. Section 9. 1. 1 of the Charter provides in part charter county pursuant to the general statutes of the State and a county home rule charter C.R.S. §43-2-201(I)(a) and/or (c). Such informa- tion shall be provided to Basalt b the Count y adjust the County road right of way easements in a manner acceptable to both parties. graphic area. Each caucus shall provide pro- that "except as provided in 9.1.3, no increase in ("the Charter") adopted pursuant to the Engineer no later than December 31, 1998. g 4. The County has a deeded right of way through posed definite boundaries for their caucus area the rate or levy of any tax imposed or collected Colorado Home Rule Powers Act. 3. Future Agreement. Basalt and the County the Underwood Pro ert Property, recorded in Book 156 to the Board. 4.6 Function by the County ... and no new or additional tax may be levied or collected unless and until such 2. The members of the Board of County Commissioners of the County ("the Board") agree that prior to the County's funding the slip at Page 41, records of Pitkin County, Colorado, by deed from the State of Colorado dated July A caucus, upon recognition by the Board, shall increase, change or new or additional tax is sub- have been duly elected, chosen and qualified. lane project in 1999, Basalt and the County shall 24, 1917, but Upper River Road was built have a recommendatory function for all matters y milted to and approved by a,majority of those 3. Pursuant to Section 8.1.1 of Charter and C.R.S. negotiate and agree upon amendment to this through the property in an area that does not directly affecting the caucus area, and shall per- actually voting in an election on §30-11-506 the Board may by resolution propose a Intergovernmental Agreement which addresses coincide with the deeded right of way. The par- mil its members to report minority views, as such issue. " changes an amendments to the Pitkin County the conveyance and/or annexation of Basalt ties have worked together to resolve this issue well as majority views, and division of votes NOW, THEREFORE, BE IT RESOLVED BY THE Charter to be submitted to the qualified electors Avenue south of the Basalt Avenue Bridge to the through a Grant and Release of Rights of Way with any such recommendation. Further, a cau- BOARD OF COUNTY COMMISSIONERS of Pitkin County. Highway 82 Right -of -Way and the annexation of between the Underwoods and Pitkin County; by cus shall have a recommendatory function for y OF PITKIN COUNTY, COLORADO: 4. The Board recognizes that it is appropriate to g the Roaring Fork Mobile Home Park. the acceptance of an easement from the Aspen all planning matters affecting the caucus area, as 1. The Board has determined, and hereby cleter- amend Article VIII of the Charter Sections 8.6.1, 4. Modification. This Agreement may be Fire Protection District for the Upper River Road well as other County matters affecting the cau- mines that the interest of the County and the 8.62 and 8.6.3, changed or modified only in writingby an right of way once the deed from the cus area including, but not limited to, budgetary public interest and necessity require the sub- CURRENT LANGUAGE Agreement approved by the respective Boards Underwoods to the District for the rezoned par- and work program matters, mittal of this local government matter to the ARTICLE Vlll -CONFLICTS OF INTEREST of the Governments and signed by authorized cel is recorded; and through a Parking Easement Proposed amendment to Article IV electorate at a coordinated election to be held 8.6.1 Conflicts of interests and potential con - officers of each party. Agreement between the Underwoods and the 4.0 Preamble on November 3, 1998. flicts of interest, as defined by applicable 5. Severability. Should any one or more sections County, to allow the continuation of the histori- - The word "caucus" may derive from an 2. The question to be submitted to the elec- statutes, between public responsibility and pri- or provisions of this Agreement be judicially cal use of a portion of the right of way for park- Algonquin Indian term describing their advisory torate shall be as set forth in Attachment A to vate interests of any elected official, any mem- adjudged invalid or unenforceable, such judg- Ing purposes. form of representative democracy. In the Pitkin this resolution. ber of the administration or other public body of ment shall not affect, impair or invalidate the 5. Drafts of the Grant and Release of Rights of County experience, the word connotes repre- 3. Pursuant to C.R.S., Section 1-5-205, a notice of the County, shall be avoided; where avoidance is remaining provisions of this Agreement, the Way, the Grant of Easement, and the Parking sentative democracy at the most local level the election including the date, hours, polling not possible, fall disclosure in writing shall be intention being that the various sections and Easement Agreement are attached as Exhibits A, where policies are formulated and recommend- places, and questions submitted shall be pub- made to the Board as otherwise provided by provisions hereof are severable. B, and C, respectively, and are incorporated by ed by the people whom they most affect. Once lished one time in The Aspen Times and shall be applicable statutes. Such disclosure shall be 6. Notices. Any notice required or permitted this reference. formulated at the local caucus level, these poli- posted in a conspicuous place at the County part of the public record. under this Agreement shall be in writing and 6. It is in the best interest of the County to enter cies provide elected and appointed county offi- Clerk's office at least 10 clays before the (late of 8.6.2 Misuse of official information, as defined by shall be hand delivered or sent by registered or into these Agreements to correct the right of cials with recommendations to enact just laws the election and until after the election. applicable statutes, by any elected official, any certified regular matt, postage prepaid to the way problem. y p and policies. 4. Such notices as are required b Section q y member of the administration or other public addresses of the parties as follows. Either party NOW THEREFORE, be it ordained by the Board 4.7 County Government Support of Caucus 20(3)(b) of Article X of the State Constitution body of the County shall be prohibited. by notice sent under this paragraph may change of County Commissioners of Pitkin County, The County Manager, or designee, shall desig- shall be provided by the County Clerk. 8.6.3 The members of the public shall have the address to which future notices should be Colorado that the Board of County nate staff to be responsible to serve as liaison 5. The officers of the County are hereby autho- those remedies as provided by applicable sent. Commissioners does hereby accept, and autho- with the caucuses to facilitate and assist caucus rized and directed to take all action necessary statutes for such conflicts of interest, nondis- Notice to Town of Basalt: rizes the Chair to sign, the Grant and Release. of communications and processes. The county or appropriate to effectuate the provisions of closure of potential conflicts of interest, and Town of Basalt Rights of Way, the Grant of Easement from the may provide such other technical, logistical and this Resolution. misuse of official information. Aspen Fire Protection District, and the Parking financial assistance to facilitate effective caucus 6. If any section, paragraph, clause or provision PROPOSED AMENDED SECTION 8.6 c/o Town Administrator Easement Agreement, in substantially the forms activity, of this Resolution shall for any reason be held to Code of Conduct Regarding Conflicts of interest 101 Midland Avenue attached as Exhibits A, B, and C hereto, after 4.8 Notice of Meetings be invalid or unenforceable, the invalidity or for Pitkin County, Colorado Basalt, CO 81621 approval of the form of such documents by the The caucuses shall provide notice of meetings unenforceability of such section, paragraph, 1. Policy Notice to Pitkin County: County Attorney, and to execute such other clot- through such means as newspapers, Internet, clause or provision shall not affect any of the A. In order to ensure the impartiality and integri- Pitkin County Board of County Commissioners uments and take such further actions as may be radio, mailings, telephone and local public remaining provisions of this Resolution, ty of their local government decision makers, c/o Pitkin County Manager necessary to finalize this transaction. notice bulletin boards. The county may help in 7. This Resolution shall be in full force and effect the people of Pitkin County intend to prohibit I 0 0 • 0 SaturdaySunday, September 19-20, 1998 - The Aspen Times 13-E 12-E The Aspen Times - Saturday -Sunday, September 19-20, 1998 County policy -makers from participating in mat- proceedings and examine witnesses and accept ters in which they have a conflict of interest. evidence. The members of the BOCC shall ren- This prohibition applies to County policy-mak- der their decision in writing within ten days of ers serving their elected or appointed terms and their meeting. The BOCC will either reverse or those who have concluded their terms of office uphold the decision of the Conflict Committee. B. County policy -makers include County Any member of the BOCC who is affected by the Commissioners, County Manager Assistant determination of the Conflict Committee shall County Manager, Community Development not participate in any appeal of the Conflict Director, County Attorneys, and Open Space and Committee's action. -All decisions of the BOCC Trails Director. C. A conflict of interest is a disparity between shall final. . the rivate interest and the official responsibili- p IV. Effect of Violation ec A. Should an Count colic maker vote or oth- Y Y I Y- ties of an individual in a position of trust in gov- ernment. This code is intended to prevent con erwise participate in a decision -making process flicts of interest without obstructing fair and in violation of Section 11, the BOCC's action speedy resolution of issues tharcome before the regarding the issue on which a conflict determi- County. nation is made shall be null.and void, unless the 11. Prohibition on Conduct Conflict Committee determines based on rea- A. No current Count olic -maker shall vote'on y p y sonable evidence that the County policy -maker or otherwise participate or attempt to influence artici ated in order to contrive a conflict and p P or communicate directly with any County staff purposely nullify the action, member or other elected or appointed County An action of the BOCC which is determined to official on any pending or proposed matter in be null and void by application of this Code of which he or she has personal, financial,. posses- Conduct, shall be reconsidered by the BOCC sory, ownership or beneficial interest other than after the matter is appropriately noticed in com- the common public interest; or is an employee pliance with applicable state law, Home Rule of, or contractor, to an applicant or beneficiary Charter and County Code"provisions and a new of an application regardless of whether that vote taken and recorded based o on the rev i- p p interest arises out of the subject application, ous record of proceedings before the BOCC . Policy makers may represent themselves, but B. No determination of a conflict shall render' not vote or participate on applications related any decision of the BOCC null and void unless to their personal residence. the complaint is raised within 30 days of the B. No current or former County policy maker action sought to be rendered null and void. shall appear in a representative capacity before C. Should a current or former County policy - the Board of County Commissioners ("BOCC"), maker appear before the County Commission or the Board of Equalization or the Planning and Planning and Zoning Commission in violation of Zoning Commission for two years following this policy, the matter or issue before the his/her departure from office or employment County Commission or Planning and Zoning concerning any application regarding any spe- Commission shall be tabled until there is com- pliance with this policy. cific piece of real property which was also the subject of any application process in which that NOW THEREFORE BE IT RESOLVED BY THE individual participated in during that individ- BOARD OF COUNTY COMMISSIONERS OF ual's term of office or employment. No County 1 �TKIN COUNTY, COLORADO, that the following policy -maker shall appear as a representative proposed amendments to the Charter be sub - for any person and/or entity (other than mitted to the qualified electors of Pitkin County him/her self) before the Board of County pursuant to Section 8.1.1 of its Charter and Commissioners the Board of Equalization or the C.R.S. §30-11-506, as a ballot question. Planning and Zoning Board, -or any volunteer CONFLICT OF INTEREST AMENDMENT TO board of Pitkin' County whose members are HOME RULE CHARTER appointed by the Board of County "Shall the Pitkin County Home Rule Charter be Commissioners on any issue for one year fol- amended to prohibit commissioners and certain lowing his/her departure from office or County senior staff from participating in county deci- employment. This prohibition shall not apply to sions contrary to the public interest; providing current or former policy makers appearing on periods after employment or service during behalf of another governmental agency. which former officials cannot participate in mat- _ C. No County policy -maker shall vote or other- ters over which they had influence during their wise participate in a decision period of service; and ,provides for a citizen making process which affects .any entity in board to review issues of conflict, senior staff which he/she has a�financial interest or which shall,consist of county manager, assistant coup any member of his/her, family has a financial ty manager,, community development director, interest. Family is defined as spouse, parent, county attorneys, and the open space and trails brother, sister, grandparent, child, grandchild, director, and time periods shall be two years for stepchild, step-parent, step -grandparent, moth- issues concerning real property development er-in-law, father-in-law, brother-in-law, sister -in- and one year for any issue?" law, son-in-law, daughter-in-law, or any individ- Copies of the full text of Resolution #98-164 are ual who is a part of the County policy maker's available for public inspection from 8:30 to 4:30 immediate household. in the Office of the Clerk and Recorder, 530 East D. Though this provision applies to discussions Main Street, Aspen, Colorado 81611 Phone: 970- and actions regarding a specific budget item, it . 920-5180 shall not limit a Commissioner's right to vote on Jeanette Jones the entire Countybudget. Deputy County Clerk E. If an issue arises in which a County policy Published in The Aspen Times September 19,- maker believes he/she may have a conflict of PUBLIC NOTICE interest, he/she must divulge that potential con, PLEASE TAKE NOTICE: That the Board of flict of interest to the -BOCC and the County -County Commissioners of Pitkin County, Attorney for an opinion on the validity of-�the conflict. If determined to be in conflict regarding t. Colorado, at its regular meeting on September 9, the issue before him/her, he/she will refrain 1998, and alter aduly-noticed public hearing, adopted the following Resolution: from participation in discussion or vote on that, RESOLUTION OF THE BOARD OF COUNTY issue. Ill. Determination of Violation COMMISSIONERS OF PITKIN COUNTY; COL - A. Appointing a Conflict Committee Pool ORADO, GRANTING APPROVAL OF SUBDIVI- SION/PUD DETAILED SUBMISSION AND 1041 1. Every two years, on the anniversary ofenact- HAZARD REVIEW FOR THE LAZY GLEN MOBILE ment of this provision, the BOCC shall solicit, by HOME PARK advertisement in a newspaper of record, volun- in Notice of Publie Hearing published in The teers for the creation of a pool of registered vot- Aspen Times on August 199R. ers to Judge the validity of allegations of conflict Copies of the full text of the Resolution are avail - of interest. 2. This Conflict Committee pool shall include able for public inspection during regular office hours in the office of the Clerk and Recorder, 530 no fewer than:9 or not more than 15 members, E. MainSt., Aspen, Colorado81611. Phone: (970) who shall be selected by the BOCC from the vol- 920-5180. unteers. 3. A chairperson shall be chosen by pool mem- Jeanette Jones, Deputy County Clerk bers at the time of their selection. Pool members Published in The Aspen Times Sept. 19, 1998. may or may not be lawyers. B. Allegation of Conflict PUBLIC NOTICE 1. In order that an alleged conflict be consid- RE: CITY OF ASPEN CODE AMENDMENT ered by a Cori ict Committee, one or more reg- NOTICE IS HEREBY GIVEN that a public hearing istered voters or. affected persons must submit will be held on Tuesday, October 6,1998 at a to the BOCC and Chair of the Conflict Committee meeting to begin at 4:30 p.m. before the Planning a signed document alleging the conflict'of inter- and Zoning Commission, Sister Cities Meeting est. Room, City Hall, 13 0 S. Galena St., Aspen, to con- 2. A copy of the letter shall be provided to the sider an amendment to Sections 26.20, 26.52, board or staff member who is alleged to be in and 26.72 of the Aspen Municipal Code, regard - conflict. ing review of properties listed on the "Inventory C. BOCC Action on Allegation of Conflict of Historic Sites and Structures." For further 1. Upon receipt of a complaint alleging a con- information, contact Amy Guthrie at the flict, the chair of the BOCC shall place the mat- Aspen/Pitkin Community Development ter on the agenda of the next regularly sched- Department, 130 S. Galena St., Aspen, CO (970) uled BOCC meeting. 920-50%. 2. At its next regularly scheduled meeting, the s/Sara Garton, Chair BOCC may act on the complaint or request that Aspen Planning and ZoningCommission the chair of the Conflict Committee pool con- Published in The Aspen Times September vene a Conflict Committee. 19,1998. 3. If BOCC makes a determination on the com- PUBLIC NOTICE plaint and the complainant is dissatisfied with NOTICE iS HEREBY GIVEN THAT an election the determination, the Conflict Committee shall will be held within Pitkin County on November convene. 4. If the BOCC fails to act within 14 days, the 3, 1998 at the lawful polling,places designated for each precinct between the hours of 7:00 a.m. Conflict Committee shall convene. and 7:00 p.m. D. Convening a Conflict Committee The following questions regarding proposed 1. The Chair of the Conflict Committee shall changes to the Home Rule Charter will be sub - select a five -member Conflict Committee by lot mitted to the electorate: from the Conflict- Committee pool. AMENDMENT TO ARTICLE Vlll OF THE HOME 2. The Conflict Committee shall be convened RULE CHARTER within 48 hours of being selected and notified. "SHALL THE PITKIN COUNTY HOME RULE ' 3. A committee quorum shall be three. CHARTER BE AMENDED TO PROHIBIT 4. A Conflict Committee shall be convened at COMMISSIONERS AND CERTAIN SENIOR STAFF the request of any County policy -maker who is FROM PARTICIPATING IN COUNTY DECISIONS concerned that he/she may be perceived to be CONTRARY TO THE ,PUBLIC INTEREST; . in conflict. PROVIDING PERIODS AFTER EMPLOYMENT OR E. Conflict Committee Action SERVICE DURING WHICH FORMER OFFICIALS 1. The Conflict Committee shall consider the CANNOT PARTICIPATE IN MATTERS OVER allegation and determine if the County policy WHICH THEY HAD INFLUENCE DURING THEIR maker, who is or may be alleged to be in conflict, PERIOD OF SERVICE; AND PROVIDES FOR A is in violation of Section 11. CITIZEN BOARD TO REVIEW ISSUES OF 2. The proceedings of this Committee shall fol- CONFLICT, SENIOR STAFF SHALL CONSIST OF low the Expedited Commercial Rules of the COUNTY MANAGER, ASSISTANT COUNTY American Arbitration Association, as amended MANAGER, COMMUNITY DEVELOPMENT from time to time. DIRECTOR, COUNTY ATTORNEYS, AND THE 3. The Conflict Committee shall act on the com- OPEN SPACE AND TRAILS DIRECTOR, AND plaint within 15 days of the date of convening TIME PERIODS SHALL BE TWO YEARS FOR and inform the BOCC of its determination. ISSUES CONCERNING REAL PROPERTY DEVEL- 4. Appeal of the Conflict Committee Action. Any OPMENT AND ONE YEAR FOR ANY ISSUE?" affected party, who contends that the Conflict Code of Conduct Regarding Conflicts of Interest Committee reached a determination in an action for which was inappropriate or incorrect, may Pitkin County, Colorado appeal the Conflict Committee's determination . to the BOCC. Any such appeal must be submit- 1. Policy ted in writing to the BOCC within 7 days of the A. In order to ensure the impartiality and integri- Conflict Committee's action. The BOCC shall ty of their local. government decision makers, hear the complaint at the next regularly sched- the people of Pitkin County intend to prohibit County policy -makers from in mat. uled meeting, or no sooner than 7 days after conflict of i ters in which they have a conflict of interest. receiving the complaint. The BOCC shall review This prohibition applies to County policy-mak- the action of the Conflict Committee including ers serving their elected or appointed terms and its record of proceedings to determine if the those who have concluded their terms of office. Conflict Committee acted in violation of the law B. County policy -makers include County or abused its discretion in reaching its determi- Commissioners; County Manager, Assistant nation. If the BOCC so elects, it may open the County Manager, Community Development Director, County Attorneys, and Open Space and Trails Director. C. A conflict of interest is a disparity between the private interest and the official responsibili- ties of an individual in a position of trust in gov- ernment. This code is intended to prevent con- flicts of interest without obstructing fair and speedy resolution of issues that come before the County. 11. Prohibition on Conduct . A. No current County policy -maker shall vote on or otherwise participate or attempt to influence or communicate directly with any County staff member or other elected or appointed County official on any pending or proposed matter in which he or she hat; personal, financial, posses- sory, ownership or beneficial interest other than the common public interest; or is an employee of; or contractor, to an applicant or beneficiary of an application regardless of whether that interest arises out of the subject application. Policy makers may represent themselves, but not vote or participate on applications related to their personal residence. B. No current or former County policy maker shall appear in a representative capacity before the Board of County Commissioners ("BOCC"), the Board of Equalization or the Planning and Zoning Commission for two years following his/her departure from office or employment concerning any application regarding any spe- cific piece of real property which was also the subject of any application process in which that individual participated in during that individ- ual's term of office or employment. No County policy -maker shall appear as a representative for any person and/or entity (other than him/her self) before the Board of County Commissioners the Board of Equalization or the Planning and Zoning Board, or any volunteer board of Pitkin County whose members are appointed by the Board' of County Commissioners on any issue for one year'fol- lowing his/her departure from office or County employment. This prohibition shall not apply to current or former policy makers appearing on behalf of another governmental agency. C. No County policy -maker shall vote or other- wise participate in a decision making process which affects any entity in which he/she has a financial interest or which any member of his/her family has a financial interest. Family is defined as spouse, parent, brother, sister,grand- parent, child, grandchild, stepchfld, stepparent, step -grandparent, mother-in-law, father-in-law, brother-in-law, sister-in-law, son in-law, daugh- ter-in-law, or any individual who is a part of the County policy maker's immediate household. D. Though this provision applies to discussions and actions regarding a specific budget item, it shall not limit a Commissioner's right to vote on the entire County budget. E. If an issue arises in which a County policy maker believes he/she may have a conflict of interest, he/she must divulge that potential con- flict of interest to the BOCC. and the County Attorney for an opinion on the validity of the conflict. If determined to be.in conflict regarding the issue before him/her, he/she will refrain from participation in discussion or vote on that issue. Ill. Determination of Violation 'A. Appointing a Conflict Committee Pool 1. Every two years, on the anniversary of enact- ment of this provision,the BOCC shall solicit, by advertisement in a nelyspaperof record, volun- teers for the creation of a poolof registered.vot- ers to judge the validity of allegations of conflict ofinterest 2. This Conflict Committee pool shall include no fewer than 9 or not more than 15 members, who shall be selected by the BOCC from the volun- teers. 3. A chairperson shall be chosen by pool mem- bers at the time of their selection. Pool members may or may not be lawyers. B. Allegation of Conflict 1. In order that an alleged conflict be considered by a Conflict Committee, one or more registered voters or affected persons must submit to the BOCC and Chair of the Conflict Committee a signed document alleging the conflict of inter- est. 2. A copy of the letter shall be provided to the board or staff member who is alleged to be in conflict. - C:BOCC Action on Allegation of Conflict 1. Upon receipt of a complaint alleging a conflict, the chair of the BOCC shall place the matter on the agenda of the next regularly scheduled BOCC meeting. 2. At its next regularly scheduled meeting, the BOCC may act on the complaint or request that the chair of the Conflict Committee pool con- vene a Conflict Committee. 3. If BOCC makes a determination on the com- plaint and the complainant is dissatisfied with the determination, the Conflict Committee shall convene. 4. If the BOCC fails to'act within 14 days, the Conflict Committee shall convene. D. Convening a Conflict Committee 1. The Chair of the Conflict Committee shall select a five -member Conflict Committee by lot from the Conflict -Committee pool 2. The Conflict Committee shall be convened within 48 hours of being selected and notified. 3. A committee quorum shall be three. 4. A Conflict Committee shall be convened at the request of any County policy -maker who is concerned that he/she may be perceived to be In conflict. E. Conflict Committee Action 1. The Conflict Committee shall consider the allegation and determine if the County policy - maker, who is or may be alleged to be in conflict, is in violation of Section I1. 2. The proceedings of this Committee shall fol- low the Expedited Commercial Rules of the American Arbitration Association, as amended from time to time. 3. The Conflict Committee shall act on the com- plaint within 15 days. of the date of convening and inform the BOCC of its determination. 4. Appeal of the Conflict Committee Action. Any affected party, who contends that the Conflict Committee reached a determination in an action which was inappropriate or incorrect, may appeal the Conflict Committee's determination to the BOCC. Any such appeal must be submit- ted in writin to the BOCC within 7 da s of the g Y Conflict Committee's action. The BOCC shall hear the complaint at the next regularly sched- uled meeting, or no sooner than 7 days after receiving the complaint. The BOCC shall review the action of the Conflict Committee including its record of proceedings to determine if the Conflict Committee acted in violation of the law or abused its discretion in reaching its determi- nation. If the BOCC so elects, it may open the proceedings and examine witnesses and accept evidence. The members of the BOCC shall ren- der their decision in writing within ten days of their meeting. The BOCC will either reverse or uphold the decision of the Conflict Committee. Any member of the BOCC who is affected by the determination of the Conflict Committee shall not participate in any appeal of the Conflict Committee's action. All decisions of the BOCC shall be final. IV. Effect of Violation A. Should any County policy -maker vote or oth erwise participate in a decision -making process in violation of Section 11, the BOCC's action regarding the issue on which a conflict determi- nation is made shall be null and void, unless the Conflict Committee determines based on rea- sonable evidence that the County policy -maker participated in order to contrive a conflict and purposely nullify the action. An action of the BOCC which is determined to be null and void by application. of this Code of Conduct; shall be reconsidered by the BOCC after the matter is appropriately noticed in com- pliance with applicable state law, Home Rule Charter and County Code provisions and a new vote taken and recorded based upon the previ- ous record of•proceedings before the BOCC. B. No determination of a conflict shall render any decision of the BOCC null and void unless' the complaint is raised within 30 days of the action sought to be rendered null and void, C. Should a current or former County policy - maker appear before the County Commission or Planning and Zoning Commission in violation of this policy, the matter or issue before the County Commission or Planning and Zoning n it there is com- Commission shall be tabled u t pliance with this policy. EARLY VOTING: Will be available from October 19, 1998 through October 30, 1998 at the County Clerk's Office. ABSENTEE: Can apply through October 30, 1998. Apply for at County Clerk's Office, which Office must receive it back no later than 7:00 p.m. on election day. , County Clerk's Office: 530 East Main Street, Suite 101, Aspen, CO 81611 8:30 a.m. - 4:30 p.m. ' (970) 920-5180 Published in The Aspen Times Sept. 19, 1998. PUBLIC NOTICE RE: CITY OF. ASPEN LAND USE CODE TEXT AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 6, 1998 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hail, 130 S. Galena St., Aspen, to consider an amendment to Section 26.04. 100 Definitions to include definitions for the following terms: artist studio, veterinary clinic, animal boarding facility, animal grooming establishment, recycling center, brewery, coffee roasting facility, commercial bakery, commercial catering establishment, commercial kitchen. For further information, contact Chris Bendon at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970), 920-5072. . s/Sara Garton, Chair Aspen Planning and Zoning Commission Published in The Aspen Times Sept. 19, 1998. PUBLIC NOTICE NOTICE IS HEREBY GIVEN THAT an election will be held within Pitkin County on November 3, 1998 at the lawful polling places designated for each precinct between the hours of 7:00 a.m. and 7:00 p.m. The following questions regarding proposed changes to the Home Rule Charter will be sub mitted to the electorate: - AMENDMENT TO ARTICLE IV - CAUCUSES OF THE HOME RULE CHARTER "SHALL THE PITKIN COUNTY HOME RULE CHARTER BE AMENDED TO PROVIDE THAT CAUCUSES MAY RECEIVE COUNTY SUPPORT TO FACILITATE THEIR MEETINGS;. THAT NOTICE OF CAUCUS MEETINGS SHALL BE PUBLISHED; THAT THE COUNTY SHALL PUBLISH NOTICE OF THE ANNUAL CAUCUS MEETINGS WHEN OFFICERS WILL BE ELECTED; AND THAT PROVIDES THAT CAUCUS MASTER PLANS WILL BE ONE OF THE PRIMARY ADVISORY DOCUMENTS CONSIDERED IN ITS DEVELOPMENT OF COUNTY REGULATIONS% Proposed amendment to Article IV 4.0 Preamble The word "caucus" may derive from an Algonquin Indian term describing their advisory form of representative democracy. In the Pitkin County experience, the word connotes repre- sentative democracy at the most local level where policies are formulated and recommend- ed by the people whom they most affect Once formulated at the local caucus level, these poli- cies provide elected and appointed county offi- cials with recommendations to enact just laws and policies., 4.7 County Government Support of Caucus The County Manager, or designee, shall desig- nate staff to be responsible to serve as liaison with the caucuses to facilitate and assist caucus communications and processes. The county -may provide such other technical, logistical and financial assistance to facilitate effective caucus activity. 4.8 Notice of Meetings The caucuses shall provide notice of meetings through such means as newspapers, Internet, radio, mailings, telephone and local public notice bulletin boards. The county may help in this process by providing up to $1,500.00 annu- ally in cash or in -kind services to each caucus to help provide notification and publication of min- utes of its meetings: 4.9 County Notification of Citizens The County will annually publish, in at least one local paper, by a one-third page notice, the' date, time and place of the annual caucus meet- ing if that information is known to the County prior to annual caucus meeting. 4.10 Meetings Each recognized caucus must designate a set date, time and place for its annual meeting when officers are elected. 4.11 Master Plans The County Commissioners and the Planning and Zoning Commission will encourage the development of Caucus Master Plans. The County Commissioners shall specify the criteria for the Caucus Master Plan development proce- dures, and local caucus approval. Caucus Master Plans which satisfy such criteria shall be reco nized b the Plannin and Zonin B Y F 8 Commission, and County Commissioners. The Caucus Master Plan shall be considered as one of the primary advisory documents in the devel- opment of county laws, rules and regulations which affect caucus areas. EARLY VOTING: Will be available from October 19,1998 through October 30, 1998 at the County Clerk's Office. ABSENTEE: Can apply through October 30, 1998. Apply for at County Clerk's Office, which Office must receive it back no later than 7:00 p.m. on election day. County Clerk's Office: 530 East Main Street, Suite 101, Aspen, C) 81611 8:30 a.m. - 4:30 p.m. (970) 920-5180 Published in The Aspen Times September 19, 1998. PUBLIC NOTICE COUNTY COURT, PITKIN COUNTY, COLORADO Case No. 98C247, DIV. _ ORDER FOR PUBLICATION AND CHANGE OF NAME IN THE MATTER OF THE PETITION FOR THE CHANGE OF NAME OF: Kimberlee Coleman, Petitioner. ORDER FOR PUBLICATION The Court having read and considered the Petition for Change of Name and the petitioner's affidavit, and the Court being sufficiently advised, FINDS: That the allegations made in said petition and affidavit satisfy all statutoryrequirements; - AND THE COURT FURTHER FINDS: That the desired change of name is proper and not detri- mental to the interests of any other person. IT IS THEREFORE ORDERED: 1. That pursuant to statute, petitioner give public notice.of such change of name by publication of Public Notice three (3) times in The Aspen Times a legal newspaper, published in said county. This publication is to be made within 20 days of the date of this Order. Proper proof of publication shall be filed with the Clerk of the Court upon final publication. 2. That upon proof of publication being filed with the Clerk of the Court, the name of Kimberlee Coleman will be changed to Kimberlee Swanson. DATED: 9/2/98 . Fitzhugh Scott 111, County Judge Certified to be a true and complete copy of orig- inal on file in the County Court of Pitkin County, Colorado. Date 9/2/98 Glenita Melnick, Clerk. Published in The Aspen Times September 12,19, 26, 1998. - PUBLIC NOTICE NOTICE TO BIDDERS Sealed bids in single endorsed, "Aspen Consolidated Sanitation District-1998 Sewer Line Replacement" Will be received at the office of the Aspen Consolidated Sanitation District, 565 N. Mill St., Aspen, CO 81611, until 10:00 AM, Monday, October 5, 1999, at which time and place, bids will be publicly opened and read aloud in the presence of bidders or their duly authorized representative. Only contractors who are Qualified by the District shall be allowed to request plans and specifications and submit bids for this construc- tion. Specifications and forms for preparing bids maybe obtained at the office of Leonard Rice Consulting Water Engineers, Inc. 2401 15th St. Denver Co 80202 after September 25th, 1998. A non-refundable deposit of Forty Dollars ($40.00) will be required for each set. All bids must be accompanied by a certified check payable to the Aspen Constlidated Sanitation District in an amount of at least ten percent (10%) of the Bid, drawn on a bank which is a member of the Federal Reserve System or a Bidder's Bond in like amount. The check or bond will be retained by the District as liquidat- ed damages if the successful bidder refuses or fails to enter into a Contract and Performance and Maintenance Bond in accordance with his bid when notified of the Award. The extent of the work is approximately as fol- lows: Furnish and install 10" PVC, 900 linear feet Furnish and install 4' precast manholes 5 ea. Furnish and install 6" PVC, 900 linear feet. Bids may not be withdrawn fora period of forty-five (45) days after. the time fixed for clos- ing.them. The Owner reserves the right to waive irregularities, to waive technical defects accord- ingly as' the best interest of the District may be served, may reject any 'and all bids and shall award the contract to the lowest responsible bidder as determined by the Owner. BY ORDER OF THE ASPEN CONSOLIDATED SAN- ITATION DISTRICT FIRST PUBLICATION SEPTEMBER 12, 1998 SECOND PUBLICATION SEPTEMBER 19, 1998 THIRD PUBLICATION SEPTEMBER 26, 1998 Published in The Aspen Times September 12, 49, 26, 1998. PUBLIC NOTICE NOTICE TO BIDDERS Sealed bids in single endorsed, "Aspen Consolidated Sanitation District-1998 Sewer Rehabilitation" will be received at the office of the'Aspen Consolidated Sanitation District, 565 N. Mill St., Aspen, CO 81611, until 10:00 PM, Monday, October 5th, 1998, at which time and place, bids will be publicly opened and read aloud in the presence of bidders or their duly authorized representative. Specifications and forms for preparing bids may be obtained at the office of Leonard Rice Consulting Water Engineers, Inc. 2401 15th St. Denver Co 80202 after September 22nd, 1998. Only contractors fulfilling the following qualifi- cations shall be allowed to request proposals and submit bids for this constructior: 1) Franchised to install the patented Insitdorm and Strong Seal System or substantially sin lar cured in placed systems. 2) Have installedsuc- cessfully over 500,000 linear feet of Insituorm rehabilitation or substantially similar sysems. 3) Able to bond the total project and have iisur- ance in excess of $3,000,000. All bids must be accompanied by a cerifed check payable to the Aspen Consoiiated Sanitation District in an amount of at least ten percent (10%) of the Bid, drawn on a bank which is a member of the Federal Reserve System or a Bidder's Bond in like amount. The check or bond will be retained by the District as liquidat- ed damages if the successful bidder refuses or fails to enter into a Contract and Performance and Maintenance Bond in accordance with his bid when notified of the Award. The extent of the work is approximately as fol- lows: 1) Rehabilitate and line with a cured in place liner 8" VCP: 376 If, 275 If,120 If, and 163 If. 2) Seal manholes with a Strong Seal system or seal with a substantially similar process: 5.10 vertical feet. 3) Install 5 cured in place point repairs. 4) By-pass pumping, miscellaneous work and materials. A pre -bid meeting will be set during the week of September 28th, 1998, and mandatory atten- dance shall be required for submitting a bid for this construction. Bids may not be withdrawn for a period of forty- five (45) days after the time fixed for closing them. The Owner reserves the ri ht to waive 8 irregularities, to waive technical detects accord- ingly as the best interest of the District may be served, may. reject any and all bids and shall award the contract to the lowest responsible bidder as determined by the Owner. BY ORDER OF THE ASPEN CONSOLIDATED SAN- ITATION DISTRICT FIRST PUBLICATION SEPTEMBER 12, 1998 SECOND PUBLICATION SEPTEMBER 19, 1998 THIRD PUBLICATION SEPTEMBER 26, 1998 Published in The Aspen Times September 12, 19, 26, 1998. . . NOTICE OF PUBLIC TRUSTEE SALE 21'06' W. 85.00 feet; thence S. 7°37' W. 176.00 feet Sate No. 98-12 thence S. 0* 14' E. 85.00 feet; thence S. 75' 12' W. T HOM IT MAY CONCERN: This Notice is iv W 62,72 feet to the point of beginning. Published in The Aspen Times Sept. 12, 19, 26, given with regard to the following described Octr,3, 10, 1998. Deed of Trusti and Michael Sterling Rich, a Single Person, Original NOTICE OF PUBLIC TRUSTEE SALE Grantor Norwest Mortgage Inc., a Minnesota corpora- No. 99-14 This Notice of Public Trustee Sale is given with tion, Original Beneficiary Norwest Bank Colorado, N.A., as assignee of respect to the following Deed of Trust: Norwest Mortgage'Inc., a California corporation, " Original Grantor: Glen Fuller Original Beneficiary: North American Mortgage t/k/a Norwest Mortgage, Inc., a Minnesota cor- Company poration, Current Owner of Evidence December 22, 1994, Date of Deed of Trust Date of Deed of Trust: December 29, 1994 January 3, 1995, Recording Date of Deed of Trust Recordin Date of Deed of Trust: Januar 5 1995 8 Y ' Recording Info.: Book 771, Page 169, Film n/a, Pitkin, County of Recording Reception 377916 Book Page book and Page No. of County f Recording: Pitkin S Trust Recorded Deed ofTrust ded D 377692, Reception No..of Recorded Deed of Original Principal Amo 66,000.00 Trust al:,$1 Current Unpaid Principal: $161,646.58 YOU ARE HEREBY NOTIFIED that the owner of Property foreclosed is all of the property encum- the evidence of debt, the original principal bered by Deed of Trust: LOT 35, BLOCK 1, LITTLE ELK CREEK VILLAGE amount of which was Sixty -Four Thousand, Eight. Hundred and No/100s Dollars ($64,800.00), SUBDIVISION, FILING NO. 1, COUNTY OF i c d he Deed of Trust and which s use by t PITKIN, STATE OF COLORADO, Pur orted Common Address: 0015 Little Elk described above, has filed a written election and e, .Creek Drive, Sn mass, Colorado demand far sale as provided in said Deed of Trust. The outstandin rinci al balance due g p p THE LIEN FORECLOSED MAY NOT BE A FIRST and owing upon the evidence of debt secured by the abovedescribed Deed of Trust being fore- LIEN. WHEREAS, The Bank of New York, as Trustee closed is Sixty -Two Thousand, Nine Hundred under the pooling and servicing agreement Eighteen and 66/100s Dollars ($62, 918.66), as of dated as of April 1995 among CWMBS, Inc., as August 24, 1998. The real, property being fore- Depositor, Countrywide Mortgage Coundit, Inc. (now known as Independent National Mortgage closed is all of the property encumbered by said Corporationthe the legal holder the Note Deed of Trust, and is described as follows: Condominium Unit I, ee secured by, the Deed of Trust BILLINGS PLACE, A CONDOMINIUM, has filed written Election and Demand for Sale Electtlesand D as shown on the Map thereof recorded as provided in said Deed of Trust; THEREFORE, notice is hereby given that I will, i December 22, 1994 in Plat book 35 at Page 79 at 10:00 a.m. on October 21, 1998, at the front { and as defined and described in the Condominium Declaration for Ute Trail steps of the courthouse, Aspen, Colorado, sell at Townhomes and Billings Place Condominiums public auction.to the highest and best bidder for cash, the said real property and all interest of recorded December 22, 1994 in Book 770 at Page 185 as amended by instrument recorded the said Grantor(s), their heirs, their succes December 22, 1994 in Book 770 at Page 230. sors, and their assigns, for the purpose of pay - County of Pitkin, State of Colorado; also known ing the indebtedness provided in said Note and Deed Trust, fee, the and numbered as: 70 Aspen Mountain Road of attorney's and expense of sale, and will deliver to the purchasers a Together with all appurtenances, fixtures, rents, Certificate of Purchase, all as provided by law. issues, and profits, water, ditch and reservoir Date: September 1, 1998 rights, however evidenced, appertaining thereto Thomas Carl Oken, Public Trustee of Pitkin or used in connection therewith. County THE DEED OF TRUST BEING FORECLOSED MAY BY: Judy James,Deputy Public Trustee NDT BE A FIRST LIEN. THEREFORE, NOTICE IS HEREBY GIVEN that 1 First Publication September 12, 1998 will . o'clock in the forenoon of a[ 121, a.m Last Publication October 10, 1998 October in the office of the Public Publisher THE ASPEN TIMES PURSUANT TO THE FAIR DEBT COLLECTION Trustee at 61 E. Main, Room in, Aspen, at 06 Colorado 8161t, County of Pitkin, State of PRACTICES ACT YOU ARE ADVISED THAT Colorado, sell at public auction to the highest Meinhold Stawiarski Sha iro, & Codilis, LLP IS and best bidder for cash, the real property DEEMED A DEBT COLLECTOR ATTEMPTING TO described above, and all interest of said Grantor, COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. his heirs, successors and assigns, for the the i ki it odilis LLP Meinhold, Staw ars Shap o, & C under) in ur ose of a fn the indebtedness Y g p p P Y g , , L nn M. Jane a 15592 y t, y provided to Promissory Note and Deed of Trust, Hayley L: Belt, 28540 - attorney fees, and expenses of sale, and will deliver to the purchaser a Certificate ,of Attorney File #06-98-1101 Client #046595-1 Purchase, all as provided by law. 9200 East Mineral Avenue, Suite 380 DATED September 1, 1998 Englewood, Colorado 80112 Thomas Carl Oken, PUBLIC TRUSTEE OF THE (303) 799-0083 as Seller anti Master Servicer, and the Bank of COUNTY OF PITKIN, STATE OF COLORADO By: Judy James New York, as Trustee, relating to Mortgage Pass - BROWN, BERARDINI & DUNNING, P.C. Through Certificates Series 1995 6 Douglas W Brown, #10429 Published in The Aspen Times Sept. 12, 19, 26, 1020 Ptarmigan Place and Oct. 3, 10, 1998. 3773 Cherry Creek Drive North PUBLICNOTICE Denver, Colorado 80209 RE: 735 W'BLEEKER STREET LANDMARK DESIG- Telephone:,(303) 329-3363 NATION, CONDITIONAL USE FOR TWO ADU'S First Publication Date.9-12-1998 AND TWO DETACHED UNITS ON A 6,000 Last Publication Date: 10-10-1998 SQUARE FOOT LOT, AND SPECIAL REVIEW FOR Name of Publication: THE ASPEN TIMES PARKING Published in The'Aspen Times Sept. 12, 19, 26, NOTICE IS HEREBY GIVEN that a public hearing i Oct. 3, 10, 1998. will be held on Tuesday, October 6, 1998 at a NOTICE OF PUBLIC TRUSTEE SALE meeting to begin at 4:30 p.m. before the Aspen Public Trustee No. 98-13 Planning and Zoning Commission, Sister Cities To Whom it may Concern: This Notice is given Meeting Room, City Hall, 130 S. Galena St., with regard to the following described Deed of Aspen, to consider an application submitted by Trust Drew Dolan requesting approval for a landmark Grantor (Borrower): Harry Michael Fox designation; conditional use approval for two Original Beneficiary: First Western Mortgage accessory dwelling units and two detached Corporation of Texas units on a 6,000 square foot landmark lot (pend- ' Current Owner of the Evidence of Debt: The ing approval), and special review for parking ,, Troy Hill Federal Savings & Loan Association variance. The property is located at 735 W. Date of Deed of Trust: July 3, 1979 Bleeker, and is described as Lots A and B, Block Recording Date of Deed of Trust: July 5, 1979 and 18, City and Townsite of Aspen. For further infor- Pursuant to Modification of Note and Deed of mation, contact Amy Guthrie at the Aspen/Pitkin Trust Dated July 3, 1979 and Recorded July 5; j Community Development Department, 130 S. 1979 in Book 372 at Page 70 Galena St., Aspen, CO (970) 920.5096. I Original Principal Amount of Evidence of Debt: s/Sara Garton, Chair $1P9,700.00 Aspen Planning and Zoning Commission Outstanding Principal Amount of Evidence of Published in The Aspen Times September 19, Debt as of the date hereof: $99,896.69 1998. County of Recording: Pitkin PUBLIC NOTICE Book and Page No. or Reception No. of Recorded RE: GOLDSTEIN 1041 HAZARD REVIEW Deed of Trust: in Book 372 at Page 66 NOTICE iS HEREBY GIVEN that a public hearing Legal Description of Real Property: I will be held on Thursday , October 22, 1998 at a SEE EXHIBIT A ATTACHED HERETO AND meeting to begin at 10:00 am, before the Pitkin I INCORPORATED HEREIN BY REFERENCE County Hearing Officer, Commissioner's Meeting THE PROPERTY DESCRIBED HEREIN IS ALL OF Room, 506 East Main.Street, Aspen to consider THE PROPERTY ENCUMBERED BY THE LIEN an application submitted by David E. & Jean E. OF THE DEED OF TRUST Goldstein requesting 1041 Hazard Review THE LIEN FORECLOSED MAY NOT BE A FIRST approval to amend the approved building enve- LIEN lope in order to build a garage. The Property is. The Troy Hill Federal Savings & Loan located at 1801 Notth Fork Road, and is Association, the owner of the Evidence of Debt described as a tract -of land situated in the S 1/2 secured by the Deed of Trust described herein, NE 1/4 Of Section 22, Township 8 South, Range has filed written election and demand for sale as 83 West of the 6th PM. For further information provided by law and in said Deed of Trust. contact Suzanne Wolff at the Aspen/ Pitkin THEREFORE, Notice Is Hereby Given that I will, Community Development Department, (970) at 10:00 o'clock in the forenoon of October 21, 920-5093. 1998, at the South front door, Pitkin County .s/Lance Clarke Courthouse, 506 East Main, Aspen, Colorado; Pitkin County Hearing Officer sell at public auction to the highest and best bid Published in The Aspen Times on Sept. 19, 1998. der for cash, the said real property and all inter- est of the said Grantor(s), Grantor(s)' heirs and PUBLIC NOTICE assigns therein, for the purpose of paying the RE: RUMSEY 1041 HAZARD REVIEW AND CON - indebtedness provided in said Evidence of Debt' CEPTUAL SUBMISSION secured by the Deed of Trust, plus attorneys' NOTICE IS HEREBY GIVEN that a public hearing fees,, the expenses of sale and other items will be held on Thursday, October 22, 1998 at a allowed by law, and will deliver to the purchaser meeting to begin at 10:00 ant before the Pitkin a Certificate of Purchase, all as provided by law. County Hearing Officer, Commissioner's Meeting THE LAW FIRM OF CASTLE & CASTLE, P.C. IS Room, 506 East Main Street, Aspen to consider ATTEMPTING TO COLLECT A DEBT AND ANY an a lication submitted b Bronson C. Rumse pp Y y INFORMATION OBTAINED WILL BE USED FOR requesting approval of a 1041 Hazard Review to THAT PURPOSE. establish a building envelope for the construc- Dated: September 1, 1998 tion of a single family residence. The property is Judy James, Deputy located off Trentaz Drive, and is described as a Public Trustee in and for the County of Pitkin , tract of land situated in Nl/2 of Section 35, Colorado. . Township 9 South, Range 85, West of the 6th P.M. First Publication: September 12, 1998 For further information contact Tamara Pregl at Last Publication: October 10, 1998 the Aspen/Pitkin Community Development Name o[ Publication: THE ASPEN TIMES De artment 970 920-5103. p , ( ) Attorney: Castle & Castle, P.C. s/Lance Clarke Caren Jacobs Castle _ Pitkin County Hearing Officer 1099 18th - Suite 2300 Published in The Aspen Times Sept.19, 1998. Denver, Colorado 80202 RESOLUTION NO.58 303 296-5251 ( ) (Series of 1998) EXHIBIT A A parcel of land as Shown as Tract B on the A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATIVE TO THE Exemption plat thereof recorded in Book 7 at PETITION FOR ANNEXATION OF TERRITORY page 19, located in Section 2, Township 11 TO THE CITY OF ASPEN, COMMONLY KNOWN South, Range 85 West of the 6th Principal AS THE "BURLINGAME RANCH"; FINDING SUB - Meridian and being Part Of H.E.S. No. 112. Said STANTIAL COMPLIANCE WITH SECTION 31-12- Parcel is more fully described as follows: 107(1), C.R.S.; ESTABLISHING A DATE, TIME, Beginning at a point whence Corner No. I Of AND PLACE FOR A PUBLIC HEARING TO H.E.S. 1,12 bears N. 21"24' E. 919.50 feet; thence N. 7l'-57' W. 31.41 feet; thence N. 29°47' W 60.56 DETERMINE COMPLIANCE WITH SECTIONS ' feet; thence N. 9"34' W. 159.44 feet; thence N. 3142-104 AND 31-12-105, C.R.S.; AUTHORIZING PUBLICATION OF NOTICE OF SAID HEARING; 7'38' £. 88.83 feet; thence N. 11"29'. W. 118.91 AND AUTHORIZING THE INSTITUTION OF feet;, thence S. 7f *57' E. 223-60 feet; thence S. ZONING PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED. WHEREAS,• on July 20, 1998, the City Manager on behalf of the City of Aspen, the owner of the property proposed to be annexed, did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen, I whereby real property described in Exhibit ,A" appended to the Petition for Annexation, is being petitioned for annexation to the City of Aspen; and, WHEREAS, the City Clerk of the City of Aspen has referred the aforesaid petition as a commu- nication to the City Council for appropriate action to determine if the petition is substantial- ly in compliance with Section 31-12-107, C.R.S.; and WHEREAS, the petition, including accompany- ing copies of an annexation map, has been reviewed by the City Attorney's Office and the City Engineer. and found by them to contain the information prescribed and set forth in para- graphs (c) and (d) of subsection (1) of Section 31-12-107, C,R.S.; and WHEREAS, one hundred percent (100%) of the owners of the affected property have consented to annexation of their property to the City of Aspen; and - WHEREAS Section 31-12 107 1 C.R.S man- As en ' i i dates that the City of p to t ate annexation proceedings in accordance with Sections 31-12- 108 to 31-12-110, C.R.S., whenever a petition is filed pursuant to subsection (1) of Section 31-12- 107, C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COL- ORADO: . Section 1 That the Petition for Annexation of territory to the City of Aspen is hereby found and deter- mined to be in substantial compliance with the provisions of subsection (1) of Section 31-12- 107, C-R.S. Section 2 That the City Council hereby determines thatit shall hold a public hearing to determine if the proposed annexation complies with Sections 31- 12-104 and 31-12-105, C.R.S., and to establish whether or not said area is eligible for annexa- tion pursuant to the Municipal Annexation Act of 1965, as amended; said hearing to be held at a regular meeting of the City Council of the City of Aspen at 5:00 o'clock p.m. on the 28th day of September, 1998, in Council Chambers at City Hall, 130 S. Galena, Aspen, Colorado 81611. (A date which is not less than thirty days nor more than sixty days after the effective date of this resolution). Section 3 That the City Clerk shall give public notice as follows: A copy of this resolution shall consti- tute notice that, on the given date and at the given time and place set by the City Council, the City Council shall hold a hearing upon said res- olution of the City of Aspen for the purpose of determining and finding whether the area pro- posed to be annexed meets the applicable requirements of Sections 31-12-104 and`31-12- 105, C.R.S., and is considered eligible for annex- ation. Said notice shall be published once a week for four consecutive weeks in a newspaper of general circulation in the area proposed to be annexed. The first publication of such notice shall be at least thirty days prior to the date of the hearing. The proof of publication of the res- olution shall be returned when the publication is completed, and the -certificate of the owner, editor, or manager of t%ee newspaper in which said notice is published shall be proof thereof. A copy of the resolution and petition as filed, shall also be sent by registered mail by the clerk to the Pitkin County Board of County Commissioners and to the County Attorney of Pitkin County and to the Aspen School District at least twenty days prior to the date fixed for such hearing. Section 4 That pursuant to Section 31-12-115, C.R.S., the City Manager is hereby directed to initiate appropriate zoning procedures with regard to the territory proposed to be annexed. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspeo on the 27th day of July, 1998. John S. Bennett, Mayor 1, Kathryn S. Koch, duly appointed and acting City Clerk do 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 held on the day hereinabove stated. Kathryn S. Koch, City Clerk Published in The Aspen Time August 29, September 5, 12, 19, 1998. PUBLIC NOTICE Pursuant to 6104(d) of the Internal Revenue Code, notice is hereby given that the annual return for the year ended December 31, 1997 of the RODWELL DART MEMORIAL FOUNDATION, a private foundation, is available for public inspection by any interested citizen who requests it at the foundation's principal office located at 747 South Galena Street Aspen, CO 81611, tel (970) 920-3874 beginning on the date of this publication and for 180 days thereafter during normal business hours 8:30 AM to 5.30 PM. The principal manager of the foundation is Elizabeth Rodwell Dart. Published in The Aspen Times on Sept. 19, 1998. NOTICE OF SERVICE OF PROCESS BY PUBLICATION NORTH CAROLINA WILSON COUNTY IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION FILE NO. 98-CVD-1331 EVANGELINA ORTIZ CARRASCO, PLAINTIFF vs. JORGECARRASCO, DEFENDANT TO: JORGE CARRASCO TAKE NOTICE that a pleading seeking relief against you has been filed in the above entitled action. The nature of the relief being sought is for absolute divorce based on one year's sepa- ration. You are required to make defense to such pleadings no later than the 19th day of October 1998, said date being at least forty days from the first publication of this notice; and upon your failure to do so, the party seeking relief against Tou will a 1 to the Court for -the relief sou ht. his the 6th day of August 1998. 8 PERRY & BROWN BY: Millicent Goins Attorney for Plaintiff O6 ldsboro Street 3 N Go Wilson, NC 27894 (252) 243 4500 Published in The Aspen Times September 5, 12, 19, 1998. PUBLIC NOTICE RE: SIGN CODE AMENDMENTS TO PERMIT SECURITY SIGNS NOTICE IS HEREBY GIVEN4hat a public hearing will be held on Tuesday, October 6, 1998 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, City Council Chambers or the Sister Cities Meeting Room, City Hall,130 S. Galena St., Aspen, to consider an application submitted by the City of Aspen Community Development Department on behalf of Apex Security, requesting approval for Proposed Code Amendments revising Section 26.36.030(B), Exempt Signs, of the Aspen Municipal Code. The proposed code amend- ments would exempt home security signs from the provisions of the sign code, provided certain conditions are met. For further information, con- tact Mitch Haas at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095. ' s/Sara Garton, Chair Aspen Planning and Zoning Commission Published in The Aspen Times September 19, 1998. LEC�ALS DEADLll� 1Y001Y OlY TUESDAY e-mail your legal - phone to make sure it arrived ads@as en P times.com (save as ASCII text, with no line breaks) Cara hics must P be saved as EPS files I st insertion - .5060/line; 2nd insertion - .3680/line Proof of ublication - P $2 per Co V must P✓ be clear) y t ed. 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