HomeMy WebLinkAboutminutes.council.19710322Regular Meeting Aspen City Council March 22~t971
M~eting was called _to older by Mayor Eve Homeyer at 4:10 p.m. wigh Councilmen Edwin Vare,
Ross Griffin, Fitzhugh Scott III, Jack Walks, Eranics Wh£taker, City Attorney Albert Kern
and City Manager Leon Wurl.
Councilman Whitaker moved to approve .the minutes of Mare~ 8th as prepared and mailed by Minutes
the City Clerk. Seconded by Councilman rare. Ail in favor, motion carried.
RSA Minutes - March llth - Council members ~tated they agreed with the minutes as pre- RSA Minutes
pared but did not wholly agree with the fairgrounds concept~, as outlined in the minutes,
and believe all members of the fairgrounds committee were not contacted on the presentation
made and the 4-H organization was not contacted at all.
Councilman Comcowich arrived.~
Council request additional information be submitted relating to the fairgrounds proposal
and~e~mmittee.
Councilman Whitaker moved to approve the minutes of the RS~ meeting as prepared and m~iled
by the Recording Secretary with the exception of the fairgrounds discussion. ~Seconded ~y
Councilman Vare. All in favor, motion carried.
Stream Margins - Mayor.Homeyer opened the public hearing and read the recommendation from Stream Margins
the Planning and Zoning Commission. Mr. Herb Barrel, City Planner, outlined the intent of
the regulations is to impose and approval procedure on all developments~and excavation of
lands within 100' of the Roaring Fork River and its tributaries. Area refer~ed to was out-
lined by Mr. Bartel on the present zoning map of the City.
Mr. Bartel further explained the propose% o~r regulations include Chese provisions in alt
zoned districts, would function as an over-lay of all zoned districts. Before the issuance
of permits within the 100' area, would require approval by the.:Planning and Zoning
Commission prior to the issuance or non-issuance of a permit. Regulations also refer to
flood plain and the planning and Zoning Commission is recommending a 25 year, 50 year,
and 100 year flood plain study be made to actually implement these regulations.
1152
Regular Meeting Aspen City Council March 22, 1971
Councilman Griffin ~eported the results of the mail deliver~ survey as 349 in favor of Mall Delivery
mai~ delivery, 345 against mail delivery.
DisCussed renaming Bavaria Park to ~red Iselin Park~ Mayor Homeyer reported the Historical Bavaria
Society will be setting aside an area at the Museum in memory of Fred Iselin. Park
Board of Examiners and Appeals Apppintment - Council request applicant Gene Bishophave an
appointment on the agenda April 12th.
Councilman Walls moved to instruct the City Manager to handle the publicity in the news
media on Charter Amendment ~1. Seconded by Councilm~n Griffin. All in favor, motion
carried.
Councilman Walls moved to adjourn at 6:55 p.m., seconded by Councilman Whitaker. All in
favor, meeting adjourned.
~ Lorrazne Graves, Cxty Clerk
Photographs were submitted showing problem a,=e~s that world:not now exist if the reg-
ulations had been in force. Mr. Barrel indica~e~.ko,Council the stream ma'rgins file also
contazns a letter from the P~tkzn County~a~,Assoczatlon approvzmg theme regulatzons
and also requesting the flood pIain~s~d~,be made. Presently under these' regulations the
City Engineer is responsible for establishing the high water line. Plans. for review by
the Planning and Zoning Commission will be reviewed against an open space plan which does
not now exist but will have to be made immediately.
There being no further comments, Mayor Homeyer closed the public hearing.
Ordinance #9 City Attorney Kern stated the ordinance p~epared is not ~etro-active.
Series of 1971
Stream Margins Councilman Walls moved to re~d Ordinance ~9, Series of 1971 on first reading by titly
only. Seconded by Councilmmn Whitaker. Ail in favor, motion carried.
ORDINANCE #9, SERIES OF 1971, AN ORDINANCE PROVIDING FOR THE PROTECTION AND PRESERVATION
OF THE RIVERS AND STREAMS WITHIN THE CITY OF ASPEN AND THE PROPERTY ADJACENT THERETO;
AND FURTHER PROVIDING FOR THE 'PROTECTION OF PROPERTY AND PERSONS WITHIN A~FLOOD'PI~AIN
TOBE DETERMINED; ESTABLISHING AN OVERLAPPING STREAM MARGINS DISTRICT WITHIn'THE R-4~0; R-
30; R-15; R_PC, R-6, R-MF, AR-i, AR-2, C-i, C-2 and PARK ZONED DISTRICT; ADOPTING PER-
FORMANCE REGULATIONS FOR SAID DISTRICT, AND PROVIDING FOR REVIEW BY THE CITY PLANNING
AND ZONING COMMISSION OF PROPOSED CONSTRUCTION WITHIN THE STREAM MARGINS DISTRICT was
read by title only by the City Clerk on first readings.
Councilman Comcowich moved to adopt Ordinance #9, Series .of 1971 on first reading and
order the same published as provided by the City Charter. Seconded by Councilman Griffin.
Roll call vote - Councilmen Whitaker aye; Walls aye; Scott aye; Griffin aye; Comcowich
aye; Vare aye; Mayor Homeyer aye. Motion carried.
Attendant Attendant Parking - Mayor Homeyer opened the public hearing and read the recommendation
Parking of the Planning and Zoning Commission. M=. Bar~tel~outlined reason for theamendment is
to delte the regulation of attendant parking due to i~s being unen~orcabte.
Council discussed the meaning or definition of all weather surfacing. City Manager Wurl
stated the interpretation now being used is that gravel is being allowed.
There being no further comments, Mayor Homeyer closed the public hearing.
Councilman Scott moved to ~ead Or:dinance #10, Series of 1971 on"first reading by title
only. Seconded by Councilman Vare. Ail in favor, motion carried.
Ordinance #10 Ordinance #10, Series of 1971, AN ORDINANCE AMENDING SUBSECTION (f),.SECTION 9, CHAPTER
Series of 1971 1 OF TITLE II ENTITLED CHARACTERISTICTS OF OFF-STREET PARKING BY DELETING AUTHORIZATION
Off-Street F~R ATTENDANT OFF-STREET PARKING .was read by title only by lthe City Clerk on first
Parking reading.
Councilman Scott moved to adopt Ordinance #10, Series of 1971 on first reading and order
the same published as provided by the City Charter. Seconded by Councilma,n Walls. Roll
call vote - Councilmen V~re aye; Comcowich aye; Scott aye;Griffin aye; Walls aye;
Whitaker aye; Mayor Homeyer aye. Motion carried.
Council instructed the City Clerk to schedule public hearings on Ordinances #9 and =~10
for April~12th.
Aspen Ski Aspen Ski Corporation Request ~ Mr,-Bartel relayed the Planning and Zoning Commission's
Corporation recommendation including the vacation of the alley in Block 10, acceptance by the City
Request of the gift of land approximately 38,000 sq. ft. and re-write the easement agreement
over Summit Street. Maps showing the area in question as relates to the replacement of
Lift #1 and land to be donated to the City were submitted. Part of the area to be ~onated
is presently an easement. The Planning and Zoning Commission considers this request an
element of change in the community and feel careful consideration should be given to
planning in this area, and request guidance from Council. Land ownershiprmaps have been
prepared. The Commission did consider the parking-problems and traffic circulation, %t
was felt by the~Commission :the grade is such that parking would 'not be,feaSible at the
location of the donated land and:would detract from the area and~the idea of a ski bowl
park at the base of the mountain was a good possibility. Felt a transit system or some
mode of transportation that is pedestrian oriented should be used rather than providing
parking. The more parking'you provide, the more cars that will park.
Council discussed'whether the street should be vacated first or the planning accomplished
prior to the vacation of the alley. It was pointed out the Ski Corporation can build the
new lift whether the City vacates the alley or not.
Discussed present easements to the Ski Corporation. It was pointed out by me mbers~of the
Council, the Ski Corporation has not solved the parking and traffic circulation by this
request, but have actua'lly inhreased the problems~ Cou~cilmmn Var~ moved to accept the
proposal of the Ski Corporation as urged by the Planning and Zoning Commission. Seconded
byCouncilman Scott.
Council request the City Attorney review the present easements and make a report at the
next meeting.
Mr. St~D J~hnson was present and stated by accepting this gift, this will bring tke City
and the mountain together again as it used to be When you could ski down to the midd.le of
the City. Feel the City by accepting this donatioh Could u~e thins donation as credit towar~
obtaining federal funds to'gain addit'ionat land ~n th~s area. The ski bowl park could also
be used for historical monuments relating to skiing. Leave the old number 1 which has
historical value.
City Attorney Kern stated the Council ~hould .Not accept this donation on the basis it
remain a park, this should be left open.
Roll call vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye;
Whitaker aye; Mayor. Homeyer aye. Motion carried.
Councilman Whitaker moved to instruct the Planning and Zoning Commission to proceed with
the planning in this area as outlined in paragraph 4 of the Planning and Zoning Comrq~ission
recommendations to Council. ~Seconded by Councilman Griffin. Ail in favor, motion carried.
Pitkin County Library - 'Councilman Vare brought to'Council's attention the services of the Pitkin County
library will have to be reduced if the County Comm~s'sioners do not approve additional Library
funds.
Mary Moyer, Librarian, was present and stgted ~theM need $3,000 for additional help.
Commissioners at budget request the Library come hack to t~hem in April'on consideration
of additional funds. Ms. Moyer stated 'the.Commissioners did increase the budget over last
year but also following budget approval transferred the fringe benefits of the library
personnel to the tib=ary ~budget~
Councilman Vare moved to resolve that the City Councit~request the County Commissioners
zncrease the Pitkin County Library budget for 1971 to i~clude $3,000 for the needed
additional employee. Seconded by Councilman Scott.
It was pointed out the RSA 'nas donated to the Library S3100 to cover utilities for 1971.
Councilman C omcowich pointed out he felt such a .resolution to the County Commissioners
may cause resentment.
Roll call vote ~ Councilmen Whitaker nay; Walls nay; Scott aye; Griffin may; Comcowich nay
Vare aye; Mayor Homeyer nay. Motion dies.
Aspen Hills Annexation - Manager Wurl submitted the petition and plats to Council and Aspen Hills
indicated this small ~piece of property, bmy error in description, was~left out of the Annexation
large north side annexation. Seeonded by Councilman Wa~ls. Roll call vote - Councilmen
Vare aye; Comcowich aye; Griffin aye; Scott ayel Walls aye; Whitaker aye; Mayor Homeyer
aye. Motion carried.
Surveys - Memorandum from the City Engineer was submitted stating a survey should be Surveys
submitted prior to issuance of building permits for additions and new construction to
buildings to alievate the problems of setbacks etc.
Councilman Walls moved to instruct thC City Attorney to draft the ordinance based on
the discussion and~memorandum. Seconded by Councilman Whitaker. Ail in favor, motion
carried.
Impound Lot - Proposed lease between Mr. Harald Pabst and the City of As~pen was submitted Impound Lot
Councilman Scott moved to authorize the Mayor and City Clerk to sign the lease. Seconded
by Councilman Griffin. Roll call vote - Councilmen Griffin aye; Scott aye; Comcowich aye;
Walls aye; Whitaker aye; Vare aye; Mayor Homeyer aye.~Motion~carried.. . ~ ~
Golf C~urse Report - Manager Wurl stated~a meeting will be held this Friday to discuss' Golf Course
minor ~mprovements of the course, golf fees and location· of~club house.·.. ~ Report
Planning Report - Manager Wurl~reported the Planner is now considering applications for Planning Report
an assistant which was authorized at budget time.
Open Space Plan - Manager Wurl reported a preliminary plan has been completed r~lating to Open Space Plan
acquisition. Request executive session with Council to discuss this plan. Coumcil agreed
to meet on Monday, March 29th in executive session at 5:30 p.m.
Mayor Homeyer reported offers'have been received as relates to recycling of papers and
other debris. Will submit a report in the next couple of weeks.
Ordinance #3, Series of-1971 ~ Mayor Homeyer opened the public hearing, Building Inspector Ordinance #3
Clayton Meyring was present and outlined the m~jo~ changes from the 1967 code. · Series 1971
Uniform
Housing
There being no further comments, Mayor Homeyer closed the public hearing. ~ Code
Councilman Walls moved to read Ordinance #3, Series of 1971 ~n second reading by title
only.'Seconded by Councilman Comcowich, Ail in favor, motion carried.
Renu!ar ~eeting . Aspen City Council _ March 22, 1971
Ordinance #3 ORDINANCE #3, SERIES OF 1971, AN ORDINANCE RELATING TO THE REGULATION OF ERECTION, CON-
Series 1971 sTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, CONVERSION, DEMOLITION,
/ ' Uniform OCCUPANCY, EQUIPMENT, USE AND MAINTENANCE OF BUILDINGS OR STRUCTURES IN THE CITY OF
Building ASPEN, COLORADO; ADOPTING BY REFERENCE THERE TO THE UNIFORM HOUSING CODE OF THE UNIFORM
Code BUILDING CODE, 1970 EDITION, VOLUME III, OF THE INTERNATIONAL CONFERENCE OF BUILDING
OFFICIALS, TO BE KNOWN AS 'HOUSING CODE", EXCEPT CHAPTER 12 OF SAID CODE CONCERNING APPEALS
REPEALING ALL PRIOR PROVISIONS OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, 1962, AS
AMENDED, CONCERNING THE 'HOUSING CODE" HERETOFORE IN EFFECT; REPEALING ALL ORDINANCES,
PARTS AND SECTIONS OF ORDINANCES OF THE CITY OF ASPEN, COLORADO, IN CONFLICT OR INCONSISTE~
HEREWITH, EXCEPT sECTION 5-3-5, MUNICIPAL CODE OF THE CITY OF ASPEN, ESTABLISHING THE
PROCEDURE FOR APPEALS; PROVIDING A PENALTY FOR VIOLATION OF THE PROVISIONS OF SAID UNIFORM
BUILDING CODE - HOUSING; PROVIDING FOR A PUBLIC HEARING IN RELATION THERETO, was read by
title only by the City Clerk on second reading.
Councilman Walls moved to adopt Ordinance #3, Series of 1971 on second reading and order
the same published as provided by City Charter. Seconded by Councilman Griffin. Roll call
vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker
aye; Mayor Homeyer aye. Motion carried.
Ordinance #5 Ordinance #5, Series of 1971 - Mayor Homeyer opened the public hearing.
Series of 1971
Precincts There being no comments, Mayor Homeyer closed the public hearing. Councilman Vare moved
to read Ordinance #5, Series of 1971 on second reading, by? title only. Seconded by
Councilman Walls. All in favor, motion carried.
ORDINANCE #5, SERIES OF 1971, WHEREAS, THE CHARTER FOR THE CITY OF ASPEN, COLORADO PROVIDES
FOR ONE(I) VOTING PRECINCT, OR THREE (3) ~R MORE PRECINCTS ESTABLISHED BY ORDINANCE, AND
WHEREAS, PRIOR TO THE ADOPTION OF THE CITY'S HOME RULE CHARTER THE CITY HAD PROVIDED FOR
THREE (3) VOTING PRECINCTS WHITIN THE CITY, AND WHEREAS, THE ESTABLISHMENT OF THREE (3)
VOTING PRECINCTS AT ALL MUNICIPAL ELECTIONS WILL PROVIDE FOR AN EFFICIENT AND EFFECTIVE
PROCEDURE FOR SUCHMUNICIPAL ELECTIONS, WHICH VOTING PRECINCTS SHALL BE SUBSTANTIALLY
EQUAL IN THE NUMBER OF ELECTORS was read by title only by the City Clerk on second reading
Councilman Walls moved to adopt Ordinance #3, Series of 1971 on second reading and order
the same published as provided by City Charter. Seconded by Councilman Griffin. Roll call
vote - Councilmen Vare aye; Comcowich aye; Griffin aye; Scott aye; Walls aye; Whitaker aye
Mayor Homeyer aye. Motion carried.
Resolution #4, Series of 1971 was read in full by the City Clerk as follows:
RESOLUTION No. 4
Series of 1971
Resolution #4 WHEREAS, the City Council of the City of Aspen has accepted a petition for a~nexation
Open Space of a parcel of land described as follows:
Annexation ~ A t~:act of land in Sections 1, 2, I1 and 12, To~ship
! 10 South, Range 85 West, of the Sixth Principal bieridian
comprising part of Lot 16 in Section i, part of Lots 2~,
~ 25, 26 and 27 in Section 2, part of Lots 1, 2, 3, 9,
10, 11, 12, 15 and part of the Northwest quarter ~orthoast
quarter in Section 1t, and part of Lots 2, 7, 8, 9 and
12 in Section 12. The above tract is more fully described
_ . as follows:
Beginning at the Southwesterly corner of Lot 6
West Aspen Subdivision, Filing #1, whence the q~a~
corner between Section 11 and Section !2 bears South 35= 56'
20" l~est 1814,05 feet (said quarter corner being a 1954
U. S. Brass Cap); thence South 13° 33' 30" Eas~ 475.07
feet; thence South 76° 26' West 145.29 feet; thence South
13° 34' East 200.00 feet; thence North 76° 26' Eas~ 353.86
feet to tbm Easterly right-of-way of county road ~19
(Cemetery Lane), also a point on the existing city limins;
thence South 13~ 34' East 1141,87 feet along said city
limits to, a poinz on the Northerly right-of-way of Colorado
State ~ ' ~
H_.gmvay ~82; thence 510.46 feet along the right-or-d, ray
of State Highway ~82 around the arc of a curve
with a radius of 1005.00 feet, and whose chord bears
South 88° 55' 03" West 504.99 fe~t; thence South 74~ 22'
West 272.30 feet along said right-of-way; thence 1104.60
feet along said right-of-way around the arc of a curve
-to the right with a radius of 1096,00 feet and whose
chord bears North 76° 45' 38" West ].058.44 feet;
thence North 48° 12' 42" West 132,06 feet along said
right-of-way to a Colorado State Monument found in
place; thence North 47° Sl' ~Vest 1702.30 feet along
said right-of-way; thence 661.39 feet along said right-
of-way around the arc of a curve to the left with a
1150
radius of 2915.00 feet, and whos~hord bears North
54° 21' West 659.97 feet; thence North 60° Sit West ~
924.25 feet along said right-of-way to intersect with
a fence running Northerly; thence North 24° 13' East
50.43 feet along said fence; thence North 05° 42' 07"
East 164.07 feet along said fence; thence North 00° 09'
East 84.56 feet along said fence; thence North 00° 26'
West 377.68 feet along said fence; thence North 00° 02'
East 364.36 feet along said fence to a fence corner;
thence N. orth 88° 50' East 92.34 feet along a fence;
thence North 89° 49' East 998.13 feet along said fence;
thence North 89° 44' Eas't 237.07 feet along said fence
to a fence corner and a 4-3/4" x 3-5/4" pointed post
(presumed to be an old Colorado Mid]and Railroad corner,
and also the Southwest corner of Lot 24, Section 2).
This corner is also the Southwest corner of Lot 1, West
Aspen Subdivision, Filing No. 3; thence South 67° 10'
Bast 192.25 feet; thence North 22° 50' East 269.26 feet;
thence South 66° 52' East 1270.80 feet; thence South
127.13 feet; thence South 32° 06' East 212.60 feet; thence
South 57° 54' West 100.00 feet; thence South 88° 56' West
284.00 feet; thence 755.96 feet around the arc of a curve
left with a radius of 210.00 feet, the radius point bearing
South 05~ 31' East 210.00 feet; thence South 31° 46' East
210.00 feet to the end of curve; thence North 85° 39'
East 255.00 feet; thence South 53° 10' East 190.00 feet;
thence North 52° 24' East 110.00 feet; thence South 44°
51' East 161.54 feet; thence South 52° 06' East 140.00
feet; thence 147.69 feet around the arc of a curve to
the right with a radius of 189.90 feet, and whose chord
bears South 29° 49' t1" East 144.00 feet; thence 192.96
feet around the arc of a curve to tile right with a radius
of 236.63 feet, and whose chord bears North 15° 49' 18"
East 187.66 feet; thence South 50° 49' East 60.00 feet;
thence South 57° 19: 30" East 236.92 feet; thence South
36° 36' East 165.50 feet to the point of beginning.
Also a tract of land in Sections 1 and 2, Township 10
South, Range 85 West of the 6th Principal MeridiAn
comprising part of Lots 15 and 16 in Section 1 and part
of Lots 12, 24, 25 and 26 in Section 2. The above tract
is more fully described as follows:
the
Beginning at a point, on/ Northerly line of Lot 44,
West Aspen Subdivision, Filino #2, whence the common
corner of Sections 1, 2, 1] and 12 bears South 46° SO'
West 443.40 feet (said corner being a 1954 U. S. Brass
Cap). The point of beginning is also the Southwesterly
corner of Lot l, Pitkin Mess Subdivision; thence North
84° 01' West 100.00 feet; thence South 00° 24' 30" Eas~
'53 56 feet' thence Soutil 81° 17' 41" West 5q.82 feet~
.o~ feet; thence Eas~ ~25.00 feet to the
West 905 ~:~ ~
boundary of Pitkin Mesa Subdiviszon; thence North
0fl° 56' West 172.59 feet along said boundary to the
Northwes~ corner of Lot 7, Block t, Pitkin Mesa
SubJivision; thence Bast 215.52 feet along the North
line of said lot to tile West right-of-way of County
Road #19 (Cemetery Lane); thence North ?3° 42' 36"
East 60.00 feet on a portion of a radius to tile Bast
right-of-way of said road; thence 9.91 feet along
said right-of-way around the arc of a curve to the
right with a radius of 372.90 feet and whose chord
bears South iS° 31' 42" East 9.91 feet; thence South
14° 46' East 22.36 feet along said right-of-way to the
intersection with the existing city limits (also the
West boundary of the Red BUtte Subdivision); thence
South 1,6° 22' West 20.68 feet along said city limits;
thence South 09° 54 East 195.32 feet along said city
limits; thence South 00° 04' East 103.23 feet along
said .city limits; thence South 14° 00' West 357.00 feet
along said city limits to tile Northwest corner of Lot
1, Block 2, Snowbunny Subdivision; thence North 84
West 1.07.07 feet along said city limits to the point of
beginning. Also Lot 3, Block 2, Pitkin Mesa Subdivision.
Except Lots 4 and 5, Block 1, Pitkin Mesa Subdivision
thence North 55~ 02' 12" West 56.88 feet; thence
North 19° 55' 09" West 160.83 feet; thence North
32~ 26' West 320.65 feet; thence North 41° 03' 3?"
West 100.00 feet. thence North 66° 52' West 554.51 feet;
thence North 59° 10' West 288.00 feet; thence ,North 40°
37' 32" West 114.97 feet; thence South 63° 20' West
145.00 feet; thence South 14° 13' West 110,00 feet to the
Southwest corner of Lot 29, West Aspen Subdivision,
Filing No. 2; thence North 66° 52' West 60,00 feet;
thence North 71° 57' West 207.23 feet to tile Northwest
corner of Lot 7, West As?.en Subdivision~ FilinR No~_
1151
Regular ~eeting Aspen City Council March 22, 1971
3, also a fence; thence Nortk 00° 1~' 30" ;Vest 81.56
......... ~fe~t along said fence; fhence North 00° 08' West ....... ~
5%.?0 feet along said fence; thence North 00° 41'
~. ~ ~ West 30.4'0 feet along said ~ence; thence Ncrth 00° ~
49' Eas't 17.S2 feet along said fence; thence North
tl° 43' West 36.10 feet along said fence; thence
~ North 38° 51' East 13.50 feet along said fence;
' thence North 00° 04' East 83.00 feet along said
~ fence; thence North 15~ 00' West 41.6] feet along k
; said fence; thence North 00° 30' East 224.00 feet; ~
thence East 1343.89 feet; thence South 00° 35'
which was filed with the City Clerk on March 22, 1971 and
WHEREAS, the City Council of the City of Aspen makes the following finds of fact
regarding said annexation:
1. There is a least one-sixth contiguity between the present City of Aspen and the
ares seeking annexation.
2. A community of interests exists between the territory to. be annexed and the City,
as evidenced by the following facts:
a. More than 50 per cent of the adult residents of the area to be annexed use
part or all of the recreational, civic, social, religious, indutrial or commercisl
facilities of the City of Aspen, and more than 25 per cent of the adult resident~ are
employed in the City of Aspen,
b. Less than one-half of the land to be annexed is agricultural,
c. It is physically practical to extend normal urban services to the area to be
annexed, on the same terms and conditions as usch services are available to residents of
the City of Aspen, and
WHEREAS, said petitioners are the owners of one hundred percent (100%) of the land
proposed to be annexed and
' WHEREAS~ no election is required under said Act; and,
WHEREAS, The City Council determines to impose the additional terms and conditions
requested by the petitioners upon certain parcels of the land proposed to be annexed;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aspen hereby
accepts the petition for annexation and that the following additional terms and conditions
as requested by the petitioners are hereby imposed.
On the land described in the petition signed by Pitkin Inc. c/~ Walter B. Mills,
the following condition is hereby imposed.
1. That the zoning of said land to be annexed will be in accordance with the 1966
' ~ Master Plan which designates an R-15 Zone.
I // On the land described in the petition signed by the Texas International Petroleum
Corporation,. the West Aspen Company and~ the W, C. & R. INVESTMENT company the following
conditions is hereby imposed.
~ 1. The petition for annexation is subject to paragraph 7, page 5 of that certain
agreement of sale dated December 29, 1970, between the City of Aspen, Colorado, Texas
Internationl Petroleum Corporation, a Delaware Corporation, the West Aspen Company, a
· Colorado Corporation and the W. C. and R. Investment Company, a Colorado Corporation. Said
paragraph 7 reads as follows: That real property shall be annexed to Aspen prior%to but
conditional upon the occurrence of the closing. Sellers shall fully cooperate bylex-
ec~ting all documents necessary to accomplish the annexation. ~
Cou~ncilman Comcowich moved to adopt ResOlution #4, Series of 1971 as read. Seconded by
Councilman Walls. Roll call vote - Councilmen Griffin aye; Vare aye; Comcowich aye; W~lls
aye; Whitaker aye; Scott aye; Mayor Homeyer aye. Motion carried.
Councilman Griffin moved to read Ordinance #8, Series of 1971 on first reading by title
only. Seconded by Councilman Whitaker. Ail in favor, motion carried.
' Ordinance #8 ORDINANCE #8, SERIES OF 1971, AN ORDINANCE PROVIDING FOR THE ANNEXATION TO THE CITY OF
Series of 1971 ASPEN, COLORADO OF THAT CERTAINTERRITORY OR REAL ESTATE PARTICULARLY DESCRIBED IN THIS
Open Space ORDINANCE, LYING OUTSIDE OF BUT ADJACENT TO THE CITY OF ASPEN, COLORADO was read by ~itle
Annexation only by thel City Clerk on first reading.
Councilman Whitaker moved to adopt Ordinance #8, Series of 1971 on first reading and order
the same published as provided by City Charter. Seconded by Councilman Comcowich. Roll
call vote Councilmen Whitaker aye; Scott aye; Griffin aye; Vare aye; Comcowich aye;
Walls aye; Mayor Homeyer aye. Motion carried.
Ordinance ~4 Ordinance #4, Series of 1971 - Councilman Griffin moved to table Ordinance #4, Series of
Series of 1971 1971 indefinitely. Seconded by Councilman Scott. All in favor, motion carried.
City Attorney Kern reported correspondence has been received by Attorney Charles Howe
that states there are no further powers granted to the Election Commission under the
Charter or Municipal Election Laws as relates to challenging of voters by the election
c ommis s ion.
i Lease - Lease and promisory note between the City of Aspen and Donald Swales were submitted.
Swales Cohncil request time in which to read the lease, and agreed to meet in special se§'~ion
oniMonday, March 29th at 5:30 p.m. and the executive session, mentioned earlier, wbuld
follow. ~