HomeMy WebLinkAboutLand Use Case.HP.419 E Cooper Ave.HP-1989-191ber lAP- 1 491 -19 _ 419 E Cooper 2737-182-21-003 On Gal 6/**ip<1 &319 lAP- st, 7-1 ---
.. MEMORANDUM To: City Attorney's Office From: Roxanne Eflin, Preservation Planner Re: Cecelia Rigsby v. City of Aspen: Request for information on awning approval for McDonough's Date: August 11, 1989 No file or information was able to be located on the potential HPC review and approval of this awning installation. I understand from the City Clerk that the awnings were installed in 1984. I am not clear if the HPC even had the capacity to review awnings then at all. memo.attorney.mcdonoughs
.. CITY OF ASPEN 130 south galena street aspen, colorado 81611 303-925-2020 MEMORANDUM DATE: July 18, 1989 TO: Engineering Department Leisure Services Planning Office Building Department City Clerk's Office Finance Department FROM: City Attorney's Office RE: Cecelia Rigsby v. City of Aspen On July 14, our office received a copy of the attached Request for First Set of Interrogatories and Production of Documents in a lawsuit filed by Cecelia Rigsby. These answers must be filed with the Court no later than August 14, 1989. Therefore, I must have your answers in rough form by August 1, 1989, so as to insure that the City's attorney, Dan Torpy, can collate the various answers and have them ready for filing by that date. Please assign a member of your staff to review the interroga- tories and request for production of documents in their entirety. For your benefit, Peggy has identified what she believes are the pertinent questions for the various departments, however, this list is not designed to be inclusive, so please be sure to check each question to determine whether or not it requires an answer from your department. Engineering Department Please answer questions 4, 5, 7 and 16. Leisure Services Please answer questions 4, 5, 10, 11, 12, 13, 14 and 16. Clerk's Office Please answer questions 6, 8 and 9.
Memorandum Re: Rigsby v. City July 18, 1989 Page 2 Building Department Please answer questions 5 and 7. Planning Office Please answer question 5. Finance Department Please answer question 15. If you have any questions or comments, please call me as soon as possible so as to move this process along. FWG/mc Attachment
.. r- 01(7 DISTRICT COURT, PITKIN COUNTY, COLORADO 89CV79 PLAINTIFF'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT CITY OF ASPEN CECILIA RIGSBY, Plaintiff, V. WILLIAM McDONOUGII, d/b/a McDONOUGH'S OF ASPEN, INC., RICHARD R. WOODS and THE CITY OF ASPEN, a Municipal corporation, Defendants, Plaintiff, Cecilia Rigsby (Rigsby), by her attorneys, requests that the defendant City of Aspen, a Municipal corporation (the City), make written answers under oath to the following interrogatories pursuant to Rule 33, C.R.C.P., and produce for inspection and copying the materials requested hereiri pursuant to Rule 34, C.R.C.P., on or before 30 days from the receipt of these Interrogatories and Requests for Production of Documents at the offices of Joseph E. Edwards, Jr., Suite 109, 201 North Mill Street, Aspen, Colorado 81611. DEFINITIONS AND INSTRUCTIONS A. As used herein, the words "you" and "your" mean the City and any agent, employee, associate, representative, or attorney of the City. Answers to these Interrogatories are to be based on information available to any person within the proceeding description. B. As used herein, the word "person" means any natural person, corporation, partnership, proprietorship, state or local government or department, group, association, venture or other business or public organization. C. As used herein, the word "document" means any type of changeable medium on which information can be recorded or retrieved and includes, without limitation, any book, pamphlet, letter, memorandum (including any memorandum or report of a meeting or conversation) invoice, order, form, receipt, financial statement, accounting entry, diary, calendar, phone log, telex, telegram, cable, facsimile transmission, report, record, contract, agreement, study,
.. handwritten note, draft, working graph, index, list, tape, disk, photograph, microfilm, data sheet or data processing card or any other written, recorded, transcribed, punched, taped, filmed, or graphing matter, however produced or reproduced which is now or formerly was in your possession, custody, or control. D. As used herein, "the Premises" means the property described in paragraph 2 of the Complaint. E. As used herein, "the Awning" means the awning described in paragraphs 5-7 of the Complaint. F. A request to identify a person means to give the persons': (1) full name; (2) full title; (3) last known business and residential addresses; (4) last known business and residential telephone numbers; and (5) a description of his relationship, if any, to you. G. A request to identify a communication means: (1) to state the date on which the communication took place; (2) to identify each person who was a party to the communication; (3) to identify the employer of each person who was a party to the communication; (4) to state how and where the communication occurred (e.g., in a meeting, iii a specific location, by telephone, correspondence or memoranda); (5) to describe the substance of the communication; (6) to identify each document which sets forth or refers to the substance of the contmunicat:Lon; and (7) to identify each document which would tend to indicate that the communication took place (e.g., calendar notations, telephone logs or other records). H. A request to identify a document (or agreement) means: (1) to state its title and identify the person who prepared it; (2) to identify the person who signed it; (3) to identify each person who received it or copies of it; (4) to describe its present physical location; (5) to identify the person presently having physical custody of it; (6) to state its date; (7) to give a description of its purpose and content; and (8) to state whether it will voluntarily be made available to plaintiff for inspection and copying. I. In answering these Interrogatories, please furnish all information available to you, unless such information is claimed to be privileged from discovery in which case state the basis for the claim of privilege. 3. These Interrogatories and requests are continuing in accordance with Rules 26 and 34, C.R.C.P. Should any information, document or writing come to your attention, possession, custody, or control, subsequent to the filing of the responses hereto, which information, documents or writing relates to your responses to any interrogatory or P12/03 -2-
.. request herein such additional information, document or writing shall be furnished to the attorney for plaintiff. INTERROGATORIES AND REQUESTS FOR PRODUCTION 1 . Identify the person responding to these discovery requests on your behalf. 2. Identify each person who was consulted in compos- ing your responses to these discovery requests and state the number of the discovery request for which each person was consulted. 3. State the relationship of the City to each person identified in the Interrogatories 1. and 2. above. 4. Identify and produce a copy of all requests, applications or other documents filed with the City by any of the defendants seeking permission to construct the Awning on the Premises and over the Cooper Avenue Mall, including, without limitation, requests for encroachment license, application for building permit, etc. 5. Identify and produce a copy of all reports, studies, memoranda, letters, staff recommendations, etc., concerning construction of the Awning on the Premises and over the Cooper Avenue Mall, including those prepared by the Engineering, Planning and Building Departments. 6. Produce a copy (certified as complete and accurate) of the Minutes of the October 22, 1984, meeting of the City Council of the City of Aspen to the extent such minutes relate to the Awning. 7. Produce a copy of each license, permit, agreement or other document entered by the City relat-ing to the Awning including, without limitation, a copy of the encroachment license and building permit. 8. Identify and provide copies of each and every agreement, ordinance, resolution, or act of council relating in any way to responsibility for the removal of snow and ice from the Cooper Avenue Mall. Produce a copy (certified as complete and accurate) of the minutes of each meeting of the City Council Where removal of snow and ice from the Cooper Avenue Mall was considered. 9. Describe and identify the substance of each and every oral agreement or motion of the City Council con- cerning responsibility for the removal of snow and ice from the Cooper Avenue Mall. 10. Identify and produce copies of all documents (intra-city or between you and third parties) concerning the P12/03 -3-
.. existence, prevention, removal or remedying of dangerous conditions caused by ice accumulation on City property. 11. Identify and produce copies of any documents in your control relating in any way to accumulation of ice on the Cooper Avenue Mall below the Awning. 12. Describe each and every precaution you have taken to protect the pedestrians from dangerous accumulations of ice on the Cooper Avenue Mall. 13. Identify your employees responsible for super- vision of snow and ice removal from the Cooper Avenue Mall during the years 1985 through 1988. 14. Identify each of your employees responsible for actual removal of snow and ice on the Cooper Avenue Mall during the years 1985 through 1988. 15. Produce a copy of all insurance policies held by you which covers liability for injuries suffered on City-owned property. 16. State whether you claim you and every agent, employee or representative of you had no actual or constructive knowledge of the ice accumulation which regu- larly occurs under the Awning on the Cooper Avenue Mall as described in paragraph 8 of the Complaint. Date: July 5, 1989. Respectfully submitted, kilittol (Josepli E. Edwards, Jr., ALR. #1015 J€seph E. Edwards, III, A.R. #14597 Suit@ 109, 201 North Mill Street Aspen, Colorado 81611 (303) 925-7116 Attorneys for Plaintiff, Cecilia Rigsby P12/03 -4-
.. CERTIFICATE OF MAILING I certify that a true and correct copy of PLAINTIFF'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT CITY OF ASPEN was mailed July 5, 1989, to the following. Paul Taddune #301, 600 East Hopkins Aspen, Colorado 81611 Fred Gannett 130 South Galena Street Aspen, Colorado 81611 Fred Kuhlwilm Daniel J. Torpy Suite 824, 950 South Cherry Street Denver, Colorado 80222 James R. Florey, Jr. Suite 906, Stanford Place 3 4582 South Ulster Street Parkway Denver, Colorado 80237 1 '1 I f P12/03 -5-