HomeMy WebLinkAboutcoa.lu.ca.Definitions.A081-98Definitions — Code amendment
A081-98
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CASE STATUS SHEET
Case No. 40 01 - 48
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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. Any form of visual artistic representation.
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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.
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