HomeMy WebLinkAboutlanduse case.boa.Park,Midland,Hwy 82.013-75
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NOTICE OF PUBLIC HEARING
Case'l;;o. 75-13
BE~,~ .:2 T:-~ CITY OF ASi=E:; BC:".:;]) OF ADJ1!STigX~
TO ALL PI'.D?E:'..-=-Y C "m'lS."rECTED :DY THE RECtUESTEu ZOmrlG OR USE VARIAN::;::
DE3C~\.IDED 'BELOW:
pursu2Bt to the Offici2l Code of Aspen of June 25, 1962, as amended, a
public hearing will be held in the Counc~l Room, City Hall, Aspen, Colo-
rado, (or at such other place as the meeting may be then adjourned) to
consider an application filed with the said BoarJ of Adjustment requesting
authority Ior vc:~icmce f:L'om t':1e provisions of the Zoning Ordinance, Chcqter
24, Official CoC~ of As?en. All persons affected by the proposed varianse
are invited to 2ppear emd state their views, protests or objections. If .
you cannot appear personally at such meeting, then you are urged to state,
yorrviews by letter, particularly if you have objection to such variance,
as the Board of Adjustment will give serious consideration to the opinions
of surrounding property owners and others affected in deciding whether to
grant or deny the request for variance.
The particulars of the hearing and of the requested variance are as follows:
Date and Time of Meeting:
Date:
Time:
June 26, 1975, Thursday
4:00 p.m.
Name and address of Applicant for Variance:
Name:
Address:
Margaret cantrup
Box 852, Aspen, Colorado
Location or description of property:
Location:
Description:
Corner of Park, Midland and Highway 82
Part of Lots 1,2,3,4, Block 7, Riverside
Lots 7 & 8, Block 1 Promontory Subdivision
Variance Requested: .
Application for modification of conditions to small lot variance In July
1974 Board of Adjustment granted Mrs. Cantrup a small lot varian~e but
imp?sed the ~ondition.that future use of Lot 1 be restricted to a single-
famlly dwelllng. It lS presently a triplex. Request that the Board eliminate
Duration of Variance: (please cross out one) or modify that condition.
~ .. jJL-,~'
Permanent
THE CITY OF ASPEN BOARD OF ADJUSTHENT
BY ~W~
Chairman
. -&, ~~
-
.
JOSIAH G.HOLLAND
STEPHENH,HAAT
JOl-lI-I L.J. HART
WilliAM D. EMBREE,.JR.
JAMES L.WHITE
PATRICK M.WESTFELDT
CLAUOEM.MAER,JR
ROBERT p, D!WISON
JOHN FLEMING KELLY
FRANK H,MORISON
WILliAM C,MeClEARN
JAY W,TRACEY,JR
JOHN ALlEN MOORE
BEN E.CHIDLAW
JAMES E,HEGARTY
FIElD C, BENTON
OAVIDBUTLER
J.MICHAEL FARlEY
WARREN L.TOMLINSON
BRUCET.BUELL
DON D.ETTER
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HOLLAND & HART
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ATTORNEYS AT LAW
500 EQUITABLE BUILDING
JAMES T. MORAN
HARRY L.HOBSON
KENNETHD.HUBSARD
ROBERT L.VER SCHURE
GORDON G.GREINER
ROBERT H.DURHAM,JR.
WILLIAM E.Io1URANE
L,WlllIAM SCHMIOT,JR
JAMES P. LINOSAY
EOWIN S.KAHN
SAMUEl P.GUYTON
JOHN S,CASTEllANO
DENNIS M.JACKSON
ROBERT E.BENSON
RICHARD 101. KOON
CHARlEST.BRANOT
ROBERT T,CONNERY
HARADON BEATTY
ARTHUR C.DAILY
JEFFREY C.PONO
JOHN UNDEM CARLSON
730 SEVENTEENTH STREET
RANDYl,PARCEL
PAVID G, PALMER
MICHAEl D. MARTIN
BRUCE W, SATTLER
RAUL N,ROORIGUEZ
JACK L.SMITH
JOHN Q,COOMBE
EUGENE F, McGUIRE
SOlOMON N.BARON
THOMAS A.FAUlKNER
ROBERT J, MOIR
MARKR,LEVY
R.BROOKE JACKSON
PAUl T.RUTTUM
BRITTON WHITE,JR
WilEY E,MAYNE,JR
RICHARD T.CASSON
GREGORY A.EURICH
CHRISTOPHER N, SOMMER
EDWARD M,GllES
BRITT CAROL ANDERSON
AlAN E, BOLES,JR.
GERALD W. GRANDEY
STEPHENL,PEPPER
THERESA W, DORSEY
KENDALl T,SANFORD
THOMAS E.GEBOW
JANEMICHAELSTALE$NICK
S,WYATT McCAlliE
l,TYRONE HOLT
WllllA'" M, BURKE
JUERETAP, SMITH
ARTHUR B, FERGUSON,JR
JAMES E. HARTLEY
JAMES E, BOICOURT
DENVER,COLORADO 80202
TELEPHONE AREA CODE 303 292-9200
CABLE ADDRESS HOLHART, DENVER
MOUNTAIN PLAZA BUILDING
P. O. BOX 1128, ASPEN, COLORADO 81611
TELEPHONE 925 3476 AREA CODE 303
June 3, 1975
The Board of Adjustment
City of Aspen
P.O. Box V
Aspen, Colorado 81611
Re: Margaret Cantrup - Application
for Modification of Conditions
to Small Lot Variance
Ladies and Gentlemen:
On July 11, 1974 in Case No. 74-19, the Board of
Adjustment of the City of Aspen (Board) granted to
Margaret Cantrup a small lot variance authorizing her
to subdivide her property at Park and Midland Avenues
into two lots. The Zone District for the property is
R-6. The total property area, exclusive of the westerly
5 feet dedicated for future widening of Park Avenue, is
10,724 square feet. There are two previously existing
buildings on the site. The proposed subdivision would
give each building its own lot; Lot 1 contains 4,656
square feet; Lot 2 contains 6,068 square feet.
In granting the variance the Board imposed the
condition that the future use of Lot 1 be restricted to
a single-family residence. On behalf of Mrs. Cantrup
we request the Board to eliminate or modify the above
condition on the grounds that:
1. The existing structure cannot be modified
to a single-family structure without undue hardship;
2. Other properties in the same vicinity and
zone enjoy duplex or multi-family use, and sub-
stantial property right which will be denied the
,
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HOLLAND &HART
The Board of Adjustment
City of Aspen
June 3, 1975
Page Two
subject property unless the single-family condition
is eliminated or modified;
3. The elimination of the single-family con-
dition will not adversely affect the general pur-
pose of the comprehensive general plan.
There is no application for building permit on
either lot. Under the non-conforming use provisions
of the City Zoning Code, neither building can be en-
larged in the future for other than single-family use.
Respectfully submitted,
-7~
Moran
./
JTM:mm
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""EPHOtlE 29a~
ARE:A CODE: 303
HART
LAW
SOD ..QUI-ABLE. eUILOING
CABLE ADDRESS
HOLHART, DENVER
730 Sl;;vENTEENTH STREET
MOUNTAIN P\.AZA BI)ILDING
P. C. BOX 1128, ASPE:N,COLORAOO BI61l
TEI..EPHONE 925-3476 ARE:A CODE: 303
July 8, 1975
The Board of Adjustment
City of Aspen
P.O. Box V
Aspen, Colorado 81611
Re: Case No. 75-13,
Margaret Cantrup
Dear Chairman Dukes and Board Members:
On June 26, 1975 you heard the application of
Margaret Cantrup for elimination or modification of
the conditions imposed by your decision of July 11,
1974 in Case No. 74-19. At the close of the hearing,
Mr. Smith suggested that the condition might be modi-
fied to provide as follows:
(a) Present uses be allowed to continue
so long as Mrs. Cantrup or her heirs own the
property;
(b) Restrict occupancy of the upstairs
studio units to not more than two persons per
unit;
(cl Automatic reversion to single family
residence use upon sale or transfer of the
property to a third party.
I indicated some concern about Condition (cl. Mr.
Smith indicated that he was concerned about the poten-
tial density of up to 18 persons so long as three
dwelling units exist. I agreed to address myself to
that problem and make an alternate proposal. I have
discussed the matter with Mrs. Cantrup and have made
the following recommendation with which she concurs.
We propose that the present use be allowed to con-
tinue subject to irr~ediate maximum occupancy restrictions
as follows:
(a) Not more than 2 persons in each studio
/--<-..
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HOLLAND &HART
The Board of Adjustment
City of Aspen
July 8, 1975
Page Two
unit, and
(b) Not more than 6 persons in the entire
building.
I believe that this proposal offers significant
benefits to the City and to Mrs. Cantrup's neighbors
without unduly prejudicing her. These are:
1. It restricts total potential occupancy
to single family density in conformity with the present
zoning code, S24-3.1I. of which defines "Family" as:
"Any individual, or two (2) or more persons
related by blood or marriage or between whom
there is a legally recognized relationship, or
a group of not more than six (6) unrelated per-
sons occupying the same dwelling unit."
2. It is simple and immediately applicable.
The simplicity of the condition speaks for itself; a
maximum occupancy restriction is merely a matter of
counting noses. The fact that it is immediately
applicable overcomes a potential legal problem. The
law has traditionally looked with disfavor upon con-
ditions that spring into being, if at all, at some
undetermined time in the future (Rule against
Perpetuities) and upon conditions that tend to
hamper the free transferability of real property
(Restraints against Alienation). A condition which
automatically required reversion to single family
use upon sale or transfer might be void under either
or both of the foregoing legal rules. At the very
least it would require a fair amount of legal research
before either the City Attorney or myself could assure
you that such a condition would be valid and legally
binding. An immediate occupancy restriction avoids
those problems.
3. It is enforceable. Occupancy restric-
tions have traditionally been upheld by the courts.
Both the City Attorney and I are confident "that we
could draw a legally enforceable document embodying
the occupancy restrictions which I have proposed.
4.
desirable for
of the zoning
It affords housing options which are
the City. One of the stated purposes
code in S24-1.2 is as follows:
.
HOLLAND &HART
The Board of Adjustment
City of Aspen
July 8, 1975
Page Three
"M. To insure that moderate and low
income housing is constructed to satisfy
local needs and insure that a proper balance
is achieved between tourist and residential
housing."
Under our proposal a wide variety of housing
options are available. A couple could occupy an up-
stairs studio; or a small family could occupy the
downstairs if the studios were occupied, as now, by
single individuals. Such options are available without
overcrowding problems because of the 6 person maximum
building occupancy restriction.
5. It is fair. The City and the neighbors
are concerned primarily with maximum density. This
proposal answers that concern by imposing single
family density (not more than 6 persons) in an area
where the surrounding use pattern as shown by our
exhibits is duplex density (up to 12 persons). Mrs.
Cantrup is reducing the density potential on her
property to ~ of the density potential enjoyed by
her immediate neighbors. That is a fair concession
in return for the right to continue her existing use.
I believe that our proposal achieves benefits for
the City without wiping out the applicant. I further
believe it strikes .a proper balance between the legi-
timate interests of the public and those of the
landowner. I earnestly solicit your favorable
consideration.
Yours very t
Moran
JTM:mm
cc: City Attorney
Planning Office
Housing Office
Mrs. Geraldine T. Hobgood
Mrs. Walter Stroud
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TEL.EPHONE ,A.AEA CODE: 30.3 Z::a.2-9Z00
CA8L.E AOonr.ss HOL~jAnT, DENVER
MOUN,fAIN PLAZA BU'LOING
PO nox 1128. ASp['...... COLf)<iJ\1l0 ~"~II
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Tt.Lf.PHOtlE: 925.,3....76 APt:A CODe: .:;D3
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June 3, 1975
The Board of Adjustment
City of Aspen
P.O. Box V
Aspen, Colorado 81611
Re:
Margaret Cantrup - Application
for Modification of Conditions
to Small Lot Variance
Ladies and Gentlemen:
On July 11, 1974 in Case No. 74-19, the Board of
Adjustment of the City of Aspen (Board) granted to
Margaret Cantrup a small lot variance authorizing her
to subdivide her property at Park and Midland Avenues
into two lots. The Zone District for the property is
R-6. The total property area, exclusive of the westerly
5 feet dedicated for future widening of Park Avenue, is
10,724 square feet. There are two previously existing
buildings on the site. The proposed subdivision would
give each building its own lot; Lot 1 contains 4,656
square feet; Lot 2 contains 6,068 square feet.
In granting the variance the Board imposed the
condition that the future use of Lot 1 be restricted to
a single-family residence. On behalf of Mrs. Cantrup
we request the Board to eliminate or modify the above
condition on the grounds that:
1. The existing structure cannot be modified
to a single-family structure without undue hardship;
2. Other properties in the same vicinity and
zone enjoy duplex or multi-family use, and sub-
stantial property right which will be denied the
.
(
,"",
"'-
1101.1..1.:-;11 &IL\ltT
'l'he Board of lIdjustment
City of.lIspen
June 3, 1975
Page '1'\'10
subject property unless the single-family condition
is eliminated or modified;
3. 'l'he elimination of the single-family con-
dition \'Ii] 1 not Zldvcn'ely affect the gene.red. pur--
pose of the comprchcllsi ve Cjc))(.:ral pLlll.
There is no application for building permit on
either lot. Under the non-conforming use provisions
of the City Zoning Code, ncither building can be en-
larged in the future for other than single-family use.
Respectfully submitted,
/~ -2?;~
mes T. Moran
JTM:mm
(
Fourth of
July
Horse Race
Citizens
1'ransit
Oesir:Jn
CaucuS
re: Rio
Grande Prop.
Htn.Queen
St. Between
Honal:ch &
Hill
CC1mpla ints
nil !I.I'.C.
Prucedures
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17'87
(,-C
Regular Heeting
Aspen City Council
JU'1e 9, 1975
Mayor Standley called the Council meeting to order at 5:08 p.m. with Coui1cilmembers
Breasted, Markalunas, Pedersen, Walls, City Manager Mahoney, City Attorney Stuller
prespnt.
MINUTES
--
councilwoman Pedersen moved to approve the minutes of ~ay 27, 1975, Council meeting;
seconded by Councilman Walls. All in favor, motion carried.
ACCOUNTS PAYABLE
Councilman Walls moved to approve the May accounts payablc; seconded by Councilwoman
Pedersen. All in favor, motion carried.
CITIZEN PARTICIPATION
1) Doug MCCoy addressed the Council ~bout an event to be held the Fourth of July. Last
year there was an old-fashioned pflrade down Hain street, and this event is something the
Chamber would like to put_ on every year. 'l'hey wou~,-' like to Ddd a horse race. 'l'his
group first investigated the Institute race track, but it is physically impossible to
hold the race at_ this race track. McCoy was asking fer Council's approval to have t_his
race at the general location of the race track.
Parks and Recreation Director Ted Armstrong told Council that the race would start_ v/est of
the Open Door, south of the existing pond. The horses \vonld race down the road by the
number 1 green and number 2 tee-box. Armstrong reported to Council that there was
adeyuate room to end before the Plum Tree. Armstrong also told Council that if r1CCoy
provides the police and control, there wonlt be any problem. McCoy has promised to
stay on the south side o~ the road.
Councilwoman Markalunas questioned the safety of the spectators. McCoy said because of
the layout of the road, this would probably be the safest place for a horse race. There
is rough on both sides of the road, so the horses won't tear anything up. McCoy also
told Council t_hat Don Stapleton is covering this event with an insurance rider.
Councilwoman Markalunas asked about the parking situtation. McCoy said there were two
parking lots and he felt they were sufficient to hold all the cars.
McCoy said that the parade from Main street will terminate at the race site and will go
on from 2 p.m. to 5 p.m. There will be several heats consisting of about six horses
per heat. The entry fee is $15 prior to the race and $20 the day of the race. Half of
the proceeds will go to the Chamber for putting on the race and the other half will go
to the overall willner.
Councilwoman Markalunas asked approximately how many horses are expected and vIllerc they
would L(~ kept prior and during the race. HcCoy said his <JUf~SS Wi1S filLy horses. 'rhe1.c
are scver.:tl acres of rough where the old rugby field used to be that_ could be us<-;d for
sto:ring the horses and a warm up area. Councihvoman Marka]unas asked about clc<'ll1 up
after the race. McCoy told Council that they would i1ccept responsibility for the clean
up and would do whatever they had to do to make this event work. Councilwoman PederseYl
asked Armstrong if he were pleased with the event. Armstrong replied there would be no
problem whatsoever if the horses and riders stayed on the south side of the road anu not
on the fairways or greens.
Councilman Breasted moved to approve the use of the golf course property
on the Fourth of ~July for this event: seconded by Councilwoman Pedersen.
with the exception of Councilwoman Pedersen. Motion carried.
for three hours
All in fdvor,
COUNCILr.mMBER COHNENTS
~-~-~--
1) Conncilman Breasted int_roducec1 a memorandum from the Alignment Subcommi tt_eC' of the
Citi?ens Transit Design Caucus concerning the Rio Gra.nde Property. CouncilJ:lan BreClsted
asked that a copy of this memorandum be given to the P & z members and Lhe Council dnd
p & Z meet together to discuss the various uses and pl.:1ns for the Rio Grande property.
"Althought the initial alignment of the proposed light. rail transit system docs not
include service to the Rio Grande property presently, we strongly urge that, for
the purpose of proper land use planning, the possibility.of a future link along
Spring or Original Street to the largest single undeveloped pcice of ['roperty in
the City be included in the planning process as a logical and viable consideration."
Mayor Standley told Council that a joint study session with the P & Z to discuss the Rio
Grande would be discussed later on the agenda. Councilman Behrendt came in.
2) Councilwoman Markalunas said she had been up at the top of Monarch street in the
Mountain Queen area. Councilwoman Markalunas said she recalled that the final subdivision
approval with the Mountain Queen had some arrangement that the Mountain Queen would
make the street through between Monarch and Hill. Councilwoman Markalunas said she thought
that it was imperative that this be carried out. City Attorney Stuller said she could
resurrect the elements of the subdivision agreement with no problem.
3) Mayor Stand~ey said he had received complaints from citizens on the Historic
rreservation Committee's procedurL's. Mayor Standl(~y indicated he felt th,lt l1w IlPC did
not und('rstand tho;r role ZlS well ilS the "itiz0llS not l..111rh,rsti1ndJnq the 1Il'C pl.o\~('dur\:'s.
t'1dyor Standley said he felt a joint study session with the llPC and Council was rH'l'ded.
'l'his would be set up later in the meet.ing"with other st_udy session.
Ord#36, 19750RD1NANCE #36, S~Rl~S OP 1975
Wat.er Dept.
Fees Mayor Standley opened the public hearing. There were no comments. Hayor Standley closed
the public hearing.
Councilman Walls moved to read Ordinance #36, Series of 1975;~seconded by Councilwoman
Pedersen. All in favor, motion carried.
788
"."
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Regular Meeting
Aspen'City Council
June 9, 1975
ORDINANCE # 36
(Sdrics of 1975)
AN ORDINANCE AU'rHORIZING TIlE EXPENDITUHE OF UNAPPROPRIATED WATER PLANT
INVESTMENT FEES IN THE AMOUNT OF THIRTY-FIVE THOUSAND THREE HUNDRED
FORTY-FIVE ($35,345.001 DOLLARS POR EXPENDITURE ON WATER CAPI1'AL PROJECTS
was read by the City Clerk.
Councilwoman Pedersen moved to adopt Ordinance #36, Series of 1975, on second reading;
seconded by Councilman Walls. Roll call vote; Councilmembers Behrendt, aye; Breasted, aye;
t1arkalunas, aye; Pedersen, aye; \'~alls, aye; Mayor Standley, aye. 1\11 in favor, motion
carried.
S\VEARING-IN NEW COUNCILMEMBERS
Retiring Councilman \-1a115 told the Council and publi:c, "I want to thank most of all the
electorate in affording me the opportunity of serving this community as their elected
City Councilman. For me it has ,,2en, .indeed, a pr'ivilege and an honor. All told, I
have given the City about twelve yeurs of service, and the experiencE: and background
that I have qajned has been nnc1 will be invaluable t:o Ille. I feel very strongly that_
morc people should be involved in our City government so that they mighl better understand
its workings. J want to wi~~h the new elected people as \oJcll (is the holdovers aU the
best for the coming term. It goes without saying, that if I can be of help to you, please
feel free to call me. 1 guess that I could go through, item by item, arcus of concern
that I have in regard to the City because I still do care even though I am going off the
Council. But this would be boring to you and I don't wish to burden you down at this
point. Your first big eye-opener, of course, for those new members on the Council will
be later this summer when you start working on t_he budget for next year. I'm glad that
I don't have to look forward to that a9ai.n. However, there is one wish that I have and
that is that this new c1o'i'll1 do a concert_ed effort in building confidence in our city
government and reducing what I have called in the past the credibilit,_y gap. I think
most of the older members on tbe Council and UlOse of us that are leavinq understand what
I am talking about. Again, J want to thank you, thank you all, and good Juck to you."
Retiring
,Council r1em.
Walls
Councilman Breasted said I "I have enjoyed the involvement enormously. I served for two . Breasted
and a half years on the plannint] cOlTunission and have b(,:,en on Council for two and a half
years. I don't think there has been a minute of it where I haven' t bc>en leurning some-
thing and making very good friends in the community and enjoying the service \\rl101c>heartedJy.
I am going to miss my friends on the Council and in the administration, and I wish the
best of luck to the newcomers, and I hope that they enjoy it as much as I have because
its a very, very enjoyable thing. I t_hink the popular notion that public service is not
enjoyable is wrong. I think it is a wOllderful experience. I think that, as Willston
Churchill said, "Dcmocracy is the worst form of government except for a).l the others".
Councilwoman Narkaluni:ls addressed the Council.
'j
"Four years have flown and what has been accomplished? Contrary too recent compiliqn
rhetoric, it is not all waiting to be done in the fut-ure. Huch has been accomplished in
the past four years and, of course, before, Government does not bC9in and end every two
years, it is an ongoing process.
Harkalunas
on Accomplis]
ments & Goals
"The City of Aspen is on a threshold. The threshold to the future. Over the past
few years, t,hroLl<Jh the pUl~chase of strategic property and bringing .sound fiscal manage-
ment too Cit.y government, we have built a sturdy, broad founoiltion from which great
strides forwurd can be made.
"Through judicious management of existing City property, we should be ilble to
realize sufficient revenue to improve several City facilities that need attention.
"Many needed improvements could a.l so be accomplished by establishing them (],; Zl
definite work program for existing City employees, and of course, incJudj_ng them in
the Budget for funding.
"I will not enumerate what I consider accomplishments, the record speaks for itself,
but I would like to make a few recommendations for the future:
I feel strongly that we should (1) Complete the renovat-ion and restoration of the
Wheeler Opera House and City Halli lease available sIJacc in them at the going rental
rate to assist in the continuing maintenance and upkeep of all City buildings.
(2) Improve the area around the Storm Sewer POlld for a picnic and rest area on
the Rio Grundl' Trail. Re-establish the old boiler on this site and name the area
Jennie Adair Sawmill Park, recognizing the original use of the -site.
(3) Construct an 18-hole golf course to round out the recreational facilities and
improve the revenues of the Recreation Department.
(4) Plan the Rio Grande porpcrty incorporation as many needed community uses as
possible --- some of these should be revenue generating.
(rd !'tll-('hd~;" 11v' Midl.])]'! riql1l n!" WdY, the
T~l":;" It.I<.'!:: !ldVc' d !TlIl!tl(ll,I,. (J~ pul\'llli,.\l U~;I':;.
for tl-dilo;, trCln~;it., drti:;ll(' 11\.111, depoL sitt',;,
Iccrcdtion, and who knows what else.
1\0l'l1 ].un,IJI'r 'o',ln1 ,11111 l;ocl1 ;;,IW Mi 11.
'1'11\''/ ('ou;,1 <Iiv.' 1]111 illlil(,d OPP()I'tllllit i(,:;
fldlkinq, 1l1:;lori{' IJI'-':H'l-VdLiull,
"Being somcwh.'lt f"mili(!r wilh Aspen history, I like to dl':-IW p.lrall('ls hc'tween
pioneer Aspen and recenb- Aspen.
Oath of Off.
Hayer
Oath of Off.
Council
Res. #28
1975
Jack Walls
Res. # 27
1975
James Breasted
1-~.' ,
" ).
"
'.
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ReyuLn Heeting
Aspen City Council
June 9, 1975
",It is my feeling t1:wt the lJrospcctors ....'ere yreat dreamers! Who else would have struck
out'across Independence P.J.SS with no trail or real map to guide them and with Ute Indians
occupying the arcu, supporting their dreams with practical judgment, a lot of hard wo~.k
and hopefully, an "angel" or two with money to grubstake the operation.
"Aspen was built by dreamers., they came to a high mountain valley, virtually untouched
"by human hand, founded an economy", eked out an existence, interested devlopment capital,
built a transportation system of roads, trails and two railroads, bringing all of them
ucross some of the most rugged mountu'ins in t.he country, always with an eye to establish-
ing a community for all to enjoy and appreciate. Accomplishing all this in" the space of
13 years, Yes, proposectors were dreamers, but they backed their dreams with personal
hard work.
"Aspen continues to have dreamers, but an interesting difference in then and now is that
then, government played only a limited role. Private capital and industry took up the
cause and provided for the needs of the community.
"In Loday's Aspen, government seems to be restricting and limiting this vitally needed
participati.on of private industry/and lcapital, while at the same time taxing it from all
angles to support. the enlargcment.and expansion of government. We must carefully choose
government's role so it does not overwhelm privute nd individual incentive and freedom~.:.
"Government" in Aspen is a succession of Councils. '1'hc recently adopted Charter gave
us some continuit)' belween Councils. In these fast moving times, one of the most
difficult achievements is moving fon-lUrd inst.cad of over und over the same ground. I am
reminded of a quote from 'J'homas Paine ~\'ho said, I In the progress of politics as in t.lle
common occurrences at life, we arc not only apt to forget the ground we have traveled
over, but frequently neglect to gather up cx~wrience as we go. I Good foundation.!:;,: helve
been E'sUlhlished on which to build, familiarize YOUl::selves wi'lh them, new Councilmcmbers
be prudc'lt and judicious ill legislation, clist the boundless co-operation and assistance
of this generous community and you have an unlimited potential for the future!
"J1y words are offered as a springboard to assist you in the plunge off the threshold
into the future! Good luck."
Mayor Standley said he had enjoyed the opportunity to serve with Councilmembcrs Walls,
Breasted and Markalun~s. There have been some major differences but when a decision
was necessary to the well-being and the future of the community, all the Council worked
tovwrd that goal and not toward personal ob:iectives. That has been a mark of this
Council and especially a strength of Jack, Jim and Ramona. They have been all incredible
asset to this community.
Municipal Judge Fitzhugh Scott gave the oath of office to Stacy Standley as Mayor of the
City of Aspen.
Municipul Judge Fitzhugh Scott gave the oath of office to Nina Johnston, George purry and
Steve ~";ishart as City Councilmembers for the City of Aspen. The new Councilmemben; \"lere
seated at the Council table.
Councilwoman Pedersen moved to read Resolution ir28, Series of 1975; seconded by Coullcil-
\\Ioman Johnston. All in favor, motion carried.
RESOLUTION #28
(Series of 1975)
WHEREAS, Jack Walls has ably and faithfully served as a member of t.hc City
Council of Aspen, Colorado, and
WHEREAS such service has contributed to the continued prosperity of the City
and the accomplishment of its goals and programs, and
WHEREAS, the City Council \\Iishes to commend Jack Walls,
NOW, THEREFORE, DE 1'1' RESOLVED BY THE CITY COUNCIL OF THE CI'rY OF ASPEN,
COLORADO,
That by this resolution Jack 'ivalls be, and hereby is commended for his
services to the City of Aspen, and that this commendation be spread upon the
public record of this City.
BE I'f FUl<THER RESOLVED that a copy of this resolution be presented to
Jack Walls as evidence of the appreciation of the City of Aspen [or his servjces.
Dated this 9th day of June 1975
Stacy Standley, Mayor
Council\\loman Pedersen moved to read ROsolution #27, Se~ies of 1975; seconded by Council-
man Behrendt. All in favor, motion carried.
RESOLUTION #27
(Series of 1975)
WHEREAS, James Breasted III has ably and faithfully served as a member of the
City Council of Aspen, Colorado, and
WHEREAS, such service has contributed to the continued prosperity of the
City and the accomplishment of its goals and programs, and
WHEREAS, the City Council \\Iishcs to commend ~Tamcs Breasted,
Nm\1, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OP ASPEN,
COLORADO:
Th<1t hy this resolution ;J<1mcs BrC'clstcc1 be, and hereby is, comm('n<1l'd for
hi:;; servin',; to till' City of l'\.sf..H'n, and tlldl thi" cuwmenrlatjon be ~;pr(',HI UfHJI'
the public record of this City.
BE 1'1' FUR'1'IlER RESOLVED thi1t a copy of this resolution be presented to
James nrcast.0d as evidence of the appreciate of the City of Aspen for his services.
!lated UJi~; 9th CL1Y of .JUtH' J97')
SLacy Standl(~y, Mayor
Wus read by Councilwoman Pedersen.
; .....()O'
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Rll'Julur McctioSl
Aspe~ City Council
~Tune 9, 1975
..
Councilman Behrendt moved to read Resolution #29, Series of 1975, seconded by Council-
woman Pedersen. 1\11 in favor, motion carried.
RESOLUTION #29
(Series of ,J97S)
WHEREAS, Ramona Marka.lunas, hu.s ably and faithfully served as a member of
the City Council of the City of Aspen, Colorado, and,
WHEHEAS, such service has contributed to the continued prosperity of the
City of Aspen and the accomplishment of its goals and programs, and
t\fHEREAS, the City Council wishes to commend Ramona NarkalunCls,
NOW, THEREFORE, BE J'1' RESOLVED BY THE. CI'l'Y COUNCIL OF 'THE CITY OF ASPEN,
COLOHADO, Ui.at by this Resolution Ramona Markalunas be, and hereby is, cormnencled
for her service to the City of Aspen, and that this commendiltion be spread upon
the public record of this City.
BE IT FUR1'HER RESOLVED that
Ramona Markalunas as evidence of
service
a copy of this Resolution be
the appr~cia~ion of the City
, .
presented to
of Aspen for her
Duted this 9th day of June 1975
Stacy ~"t(1ndlcy, Mayor
was read by Councilman Behrendt.
Counc.ilv.'Omun Pc:clerscn moved to dpproved Resolutions '#27, #28, #29, Sdrics of 1975;
seconded by COUllC i lman \~ ishart.. All in favor, motion carr icd.
ASPEN VOLU!i'!:FEl~_)~~f{E DEPAR'J'I~E..!::!..'!'-=-l'pecial J-~vc_0t Pyrmit
Hugh Slov:inski and Hicharc1 HilL?r of the Fire Department presented this permit to the
City Council. 'rhoy told Council that ,the Fire Department has in the past had a fireworks
disply up on l\spen Mount.ain. 'rhey would like to expclllc1 this int.o a barueque and street
dunce lo be in conjunction wi th the fire\'lOrks. This would also be a good leCJd in to
the Bicentcnniul cc'lebration that is coming up.
Sl_owj.nski told Council that the barbcqllc would be held in Wagner Pilrk starti.ng at 4 p.m.
Tile Fire Department had contaclpd Parks Director Ted Armstrong and the Fire Marshal.
They will be willing to comply with ilny stipulations ane} rules the City Jllay hilve.
City llttorney S-Lullf':'r told Council that under the City's revised crimiJ1ul code, there
is a section thai~ alcoholic bev(,l~aCJC's may be consumed in a public place with the
wrii~lcn pcrmis~~ion of the Cit.y I>lanager. 1'hc applicant must provide adequate policing,
cantrall and clean up. Slowinski told Conneil the Pire Dc;partmcnt \.muld be wilJ..ing to
fence off thilt part of -the park usee] for drinking the 3.2 Deer they would like to sell.
Councilman Behrendt questioned selling beer during the firevmrk.s and the crowd control
durin<j this time' \.;ith the smal.l children thilt would bo there. Slowinski said they were
trying to, run this event as a family affair and only a small portion of the park would
be used to sell lJcer in.
Caunel hlOnlan ,Johnst.on asked whJt area of the park would be used to serve beer and would
there be a charge for this barbeguc. Slowinski answered, yes, there would be a ch.J.rge.
The proceeds will be used for equipment for the Fire Department, possibly an expanded
paging system with the Aspen Poljce Department. 'l'here will be a rcosonable price: for
the barbegue and also oJ. charge for the beer. The area to be used would be in t.he
neighborhood of t.he bandsland so that. everything \vould Lc contained in that area.
Dick Mi 110r also mentioned that there would be an inter-departmental ",later fighL on
Mi_ll street aIld asked permJssjon at this time to have the portion of the block from
Rubey park south to Durant street closed off.
Res. # 28
1975
Markalunas
Fire Dept.
4th of July
Barbeque &
SLrcet DanCe
Sale of 3.2
Beer
~v,lter Fight
Courtrilwoman Pedersen asked about indemni.fication to the City. ThEe Fire DeparLment said Insurance
they did not have insurancE', City At.torney Stuller suggested ha.ving the City's insurance
company put an insurance bindE'r on for this one day. MCJ):'Ol' StandJ..y jnclicatcc1 he felL
this WJS a fair contribution to this event.
Councilwoman Pedersen moved to approve the special event permit to sell 3.2 beer in
Wagner Park on the Fourth of July; seconded by Councilwoman Johnston. All in favor,
motion carried.
STREE'r CLOSURE - Skate Board Contest
There was no one present to discuss this item.
MARGAI{ET MEADOWS SUBDIVISION - Final Subdivision
~larnes Bornn, reprcsentinq Margaret Cantrup, l.ald Council this proposed subdivision
is at the corner of Park and Midland avenue. All the existing buildings have been
on this property since 1959. 'rho purpose of going through subdivi.sion is to give
each bu i ld ing its own lot so that one of the 10 ts can be sold. 1>1oran told Counci I the
Rlll)(]ivision aqrc('menl h~d boen given in draft form to tIle City and that he and the
(.j" ,\11[11-11";: h.ld d'j)-l,,'d on the modific,-ltions th,"lt tIll' Cit:y W':lllt". !'>h'rdn \';,l:: ,1~:I;ill'l
11)1,11 :;uhdivi~;()n cJpprovdl from thc' Council.
j',-ll1k 1'-1ojo, or t-ll1' pl,-Inllillq dV)1:11-tm,.)Jt, ":':lJ1.li)l('(] to ('''IIII,'i I thi,; Wd~; ,I n"jl!l':;! 1(\ divj(h'
tll,'~;(' ]Jell-l'(']:; inlo two lot,;. Tn 1'-1.l1.t~1l 1')"/4 lh.' l' I:. Z qLIIII~'d conditi()lldl 1'll'l iJlljl\drV
suhdiv.i:jjoll which crci1h,J two small lots on the provision that Mi.lrqan't CdllLrup rpqupsL
a vdL.ianCt' from the Board of Adjustment. In July 1974 '..:he Board of Adjustment 9rantpd
Margaret
Meadows
~
l-C) ~
( l'.' ~'_
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. '.of'
Regular Meeting
Aspen city council
June 9, 1975
..
~
a small lot variance on the condition that the triplex be turned into a single family
residence. In June 1975 the P & Z gave final approval to t_hE' subdivision subject to
the conditions specified vy the planning and engineering departments. There are no
major problems with this subdivision. The engineering department. has requested a
five foot right-af-way alung Park Avenue, and that the subdivider shall commit to join
an improvement district and waive ri9hts of protest to an improvement district.
J.1argaret
Headows
Mojo told Council that the planning office recommends final subdivision approval
condition on compliance with any Board of JI.djuslment. decision, Lot #2 hook up -to the
sewer by October 31, 1975, all leases be restricted to six months if the triplex is
allowed to remain. A 4 per cent cash c1edicaU on iE'. recommended as there is insufficient
land already. The engineering department would like a commitment to pay constTuction
costs for sidewalks, streets, paving, gut~er~: when Lhe city deems this necessary.
Moran informcu Council that the only probJems he had with the requirements is that he
would like to be sure that in committing to reimburse the City for improvements put in
that it be parL of a plan that involves at least the entire block. Moran said he wanted
to avoid any possibiJity of calli.nq on that promise for just this piece of propert.y.
Mayor Stalldley asl;ea what the status of Lhe Doard of Adjustment decision was. Moran
ans\\'ercd that this case was scheduled before the Board of Adjustment. If he \.;a.s
unsuccessful, tllen the triplex m1.l~;t_ be returned to a single family dwelling. Mayor
Standley asked if it was appropriate to approve this sub'-]ivision before the case had
been revie'wed by the Board of l~djustrncr.t.. Cit.y Att_orney Stuller said that decision
did not affect any clements of the Council's approval. Ho:jo pointed out t_hat the use
of t_his d\oJelling as a triplex or a' single family dwcllinCj would not imlJ.3.ct the traffic
or parking of this area. The planning office does ask that if the triplex is allowed
to remain, that the le<.lses should be six Jl10nths at least.. Cit.y Enginef:r Dave Ellis
told Council he had no problems and \-.'as only ask:ing for an additiono.l commitment to
pay for possible co~;ts of going throuyh an ir.1prOVelllcnt distl-ict. 'J'he city would do
these improvements more than one lot at a time.
Councilwoman Johnston asked if the non-conforming use changes hands, does it remain
non-'conforming. Cjty l'-.ttorney Stuller .sa:id that. it does not lose its non~conforlll:Lng
status when changing hands.
Council\r.'Oman Peder~'.::n moved to grant final subdivision approval; seconded by Councilman
Behrendt. All in favor, motion carried.
~~mIVISION~. DEDICATION REQUIRn'E~1~'1'S
Subdivision
Regulations
Planner Bill Kane told Council t.hat on l\pril 14, 1975, the new subdivision regulation
WL"LC adopted by Council. Subdivision activity is parallel to new population to the
cOIn::i\unity, therefore, land dedication regui remcnts should be made to deell with the
needs for pubJic park lands. '1'he old requirements were based on flat. percentage bcJ.sis.
Any form of land dedication should be ac1ju~;tec1 on population basis.
Yank !>1ojo, planning department, explained to Council he would be using two terms to
relate to the dedication requirements; "ne""" which are the requirements in the code at
pl:esent and ""ill Dccomc 1<1','/ aftc~r sixtj-' days, "proposed" which are the chanycs recomrnendc(
by the planning and zoning commission und the planning department.
Hojo told Counci 1 that both the new and proposed land dedicution requirements in Uw
conunercial and office areas arc a 6 per cent straight value of thc~ improved lallo; 6 per
cent of the market value of the land.
For R/MF, Mojo used a chart to illustrate the proposed requirements. A tract of 12,000
square feet in the R/HF zone could cont~ain 9 one-bedroom units, 5 two-bedroom unit~.; or
3 three-bedroom units. Based on the people multiplier in the subdivision reS/ulations,
there would be 1.3 people per one-bedroom unit and 2.7 peopJe per two-bedroom unit.
If you take thal multiplier and multiply by the number of units, you get t_hC' nuclber
of people on the site. You then multiply the number of people by 5 acres per 1,000
people or .005 acre per person. If yOll take -thef>c three numbers, you end up with Cl
dedication of 28 per cent of the tract of 12,000 square feet. Mojo pointed out on the
chart that this ....'ould be all of one 3,000 square foot~ lot and part of a second. ']'he
proposed requirements \rJOulcl change the dedication multiplier to 2.5 acres per l,OOO
people which would reduce the dedication in half too 14 per cent instead of 28 per cent.
r-tojo reminded Council that the old dedication requirements in the MF zone were a
straight 4 per cent, but most condominium projects got out of that under the lots and
block exemption provision.
In the R-6 and R-15 zones Mo:jo told Council that the size of the tract did not matter;
what matt.ers is how many people go onto the tract. In a single family dwelling, you
will get a dedication predicated on four people on the tract. Under the llew regUlations,
870 square feet or cash equivalent would be the dedication to the City for single family.
The proposed recommendations woulu be 435 square feet, or exactly half of the new
regulations. P & Z also felt that there should be a floor on the dedicat.ion requirement
calculated on a percentage basis. The reco@nendat:ion is 6 per cent of the tra~t or
t.he amount. generi1ted by the people multiplier, whichever is grouter. Under the new
rc'qulatiofls in H-6 the people generator for a single family dwelling is 870 sqllar(' feet
for park dcdi~ation; G per cerlt is 360 square feet so Ltlat the people generator is over
twice uS much .:'I~; the per CL'nt floor for a single family dwelling in the R-6 zone, or
about 14.~) per cellt.
In R-lS exactly the same amount of ground or cash equivalent is dedicated but the
percentage of the tract is much different. If you apply the 6 per cent base to the
new \,equ],Jtiow; in H_]rl, (I p('r c('nt of p.>,noo sCluFlrc [('('t:is 900 square f('pt. In till'
R-G zaJIc, YOll reilch till' people genc!~utor first; in R-15, you will run into the 6 per
-ll')- 0
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Regular Meeting
Aspen City Council
June 9, 1975
..
cent first; The P & Z feels this definition is a frlir definition to deal with; in the
R-15 zone 6 per cent will give more area them the multiplier.
Subdivision
Regulations
Mojo pointed out to Council that the people ,multiplier concept is very valid, but when
applied to R/MF district it becomes prohibibve in terms of land costs and economic
vi.ability of the project. Bi]l Kane told Council the planniIlg office did not want to
take issue with Parks Director Armslrong's study, "but the observations they made
on requiring 28 per cent dedication would have market-wide effects on building. '1'he
average range dedication of other cities is 8 to 12 per cent.
Mo.vor Standley said assuming Armstrong's study was right and the guidelines are valid,
\'\'~lY not equate tJ:le value to square fect. R/MF zoncd land has a higher land value than
LlIH! zoned for park. ~-;rhy not use some kind of guidelines of what park land cost.s to
acquire rather than taking on value of land beinl] developed. Planner Kane asked if
park land should be designed to benefit the peak populat:ion. If so, it would be
necessary for ll.rmstrong to count the land area that serves the total population. 'l'he
planning office it talking Llbout_ Cl bClSC line pprk tigure. M<1yor SCClndley said it is
totally the cUllount of land as much ilS it is the goal of the City to protect and acquj re
open Spo.CI2. Kane said Armstrong's basic assumption of 5 <Jcres 'C'r 1,000 people is ha~;cd
upon sewage flows which equates dC'velopment ilnd parJ~ land in thl;;;' City of A~;pcn to the
peak touri~)t population. It: is hard to find that connectioll.
Councilm.J.11 I3cl1rL'ndl noted that~ opC'n SpClCE' hns to do with v.lhy this dedication is required.
'l'his is a vpry generous park allotment, but the pilrks in Aspen arc very active parks.
Bi 11 Kane said the 28 per cent requirODl('nt:s is ,In i.nverted rate ~tructurc for park
faci1.it.ies. The biggest user pays the biggest chunk. The 28 per cent may be discouraqing
subdivision activity and in the long run tIle City would get less revellUC'.
City 1'1anager ./'lahoney said hc' djdn't objc~ct to the pe~rcentage, but to the methodOlogy used.
This should be similar to i1 PIF; the City can ch:ixge citizens PIF based on UGe but
Ci'lnnot tax them. Mahoney ~;i:d.d he feIt this Tllethudology is sjmilar to a LIX. City
Attorney Stuller pointed oui: Ul3.t usually park dedication for commerciLll allocation is
fallacious. Commercial builders usucd.ly do not gene.rate park use. City Attorney Stuller
told Cound 1 if the City st.i 11 peYlllittcn developLlc'nt and allocilt.cd to new development an
attempt to prohibit growt,h by imposit.ion of a severe dedicatioll, the City would be
challengc.d. Kane pointcll out that the 6 per cent. dedication in the commercial zones
could be used to develop transit or parking or tL'ilffic l:elatcd problc'ms.
Counci Jwolll.ctn Pedersen s.=:dc1 that the 28 per ccnt dcdicc1.U.on would not be paid by the
developer bllt either by tho purctJ3Ser or the rentor. 28 per cellt seems like an Ullrcason-
able demand on the COIISl1l11,::,r. I'1o:io also pointed out that 28 per cent~ dedication \..;oulc1
make t.he working man subsidj ze the parks t:hut are provided alld are essentially free to
l]l~ large residential sUl,division ill the county liJ~e Mountain Valley, Red Mountain and
r1Cddowwoou. 'rhe cost of a neH in-tm.m condominium unit \-,'ould reflect the pa.rL dedica.-
Li.on und could PUUl the cosl~ out of reach of the cIVCr3.'':;c~ menlbcr of the labor force,
thereby qffecting their ability to OWll property ~nd settle clOWl]. Thj,s could result in
even higher E:'mplnyee turnover than the town's labor force nOH exhibits unc1 a higher
degree of tJ:arlsl~lltness.
City Attorney Stuller s.Jid the parke::; system are usual1y governmc;ntally subsidized. If
the Cit.y atlcIllpls to eslablish a ratio between park IFtnd and dc".'clopmcnt, they llIay
engage in a s'y'slem that C<lIlIlOt be jusr.ificd. CoullcihlOman PC'dcrsen pointed ont lhe
City would not end up wit.h a large CJ~JgTcgate of park land but with little spot parks.
Milyor Standley suyyested having a study session to look at the ]clnd dedication require-
mcnt_s wore fully.
ConncihJoman Pedersen moved to table this item; seconded by Councj llllan Behrendt. AI] in
favor, motion carried.
WINTER SIIO~_-=--l{..9_quest for ~~~~hm~'J~.~
Winter Shop
Enc!:oacllment
John R0501ilck, archj.tect for the Winter Shop, told Council they had decided to redesign
this buildinq for two reasons; (1) there was a very sma11 amount of windm..;r space, and
(2) the Winter Shop looks exactly like its neighbor, Sporthaus Lindner, and this is
confusing to customers. The architect came up with a wood ven('er front which would
add ]!j inch lhickness to the walls over the sidewalk. In t.he design proc(-!ss, the
building had been rc-surveyed. It is presently oncroJching on City property by .79
of a foot.
City Engineer Ellis said the building is .87 foot, which is about ten inches, on City
:property and has been there ever since the building was built. This encroachment would
,only add another 1 to l~ inch. There is no problem with this encroachment.
Councilman Behrendt moved that if this project had mude it through HPC review then he
would moved to approve the encroachment provided they satisfy all the City Attorney's
requests; seconded by Councilwoman Pedersen.
I,'lry Gro('l1, of the'> llPC, told CO\lllci 1 t11,',:' h,H1 qiv('n "pprovill to this prniC'cJ:. Grocn
d~.d;C'd if t \1" 1'!lCI.{)d(.llJllCl1t. W"I.'..' only t () 1)(' 01\ t11(' ,;lrr'('t ~)id('. )~O;;().LH.k dn:;wcrL'd that
thCl-C' Wd:; I (l~l,'-il1cll cnr:rodchl'1l'nt on the alley f;id{'. Groen said tlH'> 111'(' hild givon
condition.11 d)lprnVdl if tile',! did curry the rc-c!csi\jncd LJCddl' c,roulld the ;lJlcy side
,-It 1 (''-I:;t l() 11'" t .
^ll III iavor, mution curried.
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Regular Heeting
Aspen City Council
June 9, 1975
r.;"~nnis Courts
CITY MANAGER
Plum 'free
Costs
Rates
Athletic
Sod
Light:;
Childr<?n's
Equipil'cnl
6th Penny
Hid-land
of-way
Post Office
~~ 1. i J i r t
".:.1.,<
1) Tennis Courts. City MCl.nager t1ahoncy reported to Council that the original estimate
for the tennis cour.ts at t.lle prum Tree waf; $45,000. Now the final costs is believed to
be $65,000. In order to amortize that amount to pay for the courts, the charge will
have to he $3 per hour per court. Hahoney was asking Council for permission to charge
$3 per court.
Mayor Standley asked Pat Hubner of the Plum Tree where the costs had overrun. Hubner
told Council that they h,J.d decided to use a tougher, thicker asphalt, 3 inches rat.her
than l!.:l. which 'would give i) s-turdier base and last longer. This added about $24,800 t:o
the 'cost. They also felt il was more i1esthotically pleasing to go with a green fenc(~
ri1thor than a silver link fence. This added $2,000 to the costs.
Councilwoman Pedersen as};ed Parks Director Armstrong if he plannf.d too raise the cost
of the courts at Iselin to $3; AtJnstrony answered no. Councilwoman Pedersen pointed out
that ow~ of the Council's concern.~ "'JuS t_haL the City-ownpd tcnni~-, courts be m<l,i.nt-.ained
with a public facili,ty aspect. page 3, Section 7 of the Cooperative Contract read,
"In the event lhe net revenues generated during t.h..._ term of this Agreement arc insuffj cicnt
lo ruUy compensate the Corporation for the amount of the loan and interest, the Corporation
i:1(]Tl'CS nonethelf:~;s to convey the courls QS anticipated hy Paragraph (J and to a~;SI.UilC the
lo:~s wit.hout recoursC'. " Councilwoman Pedersen said tl1cJt the court_s should be mLlintained
wi t h the identity dS public courts. 'l'he Ci ty is uping the <J.nte as far as the Plum 'J'roe
cOl!.nlitmcnt in order to bail th~m out. Councih.'Oman PcdcrsE~n stated she did not concur
with t_lle' rate increclse at all; that;. this is pl"Operty thut belongs to the people of Aspen.
Mayor Standley asked what the cost to plllY on other courts in town WaS. Armstrong
subm:i tb.:-d a memoranJum with all other courts and costs. 'rhe average charge is $4 for
singles and $6 for doublos per court. Councilwoman Pedersen pointed out that a]l the
other courts list,ed were not public facilities. Councilman Behrendt ment_ioned tb"lt there
would be> operation expenses and repairs. Counci]man Behrendt indicated be did not t_hink
$3 \.],]s an unreasonable cost. Hoyor Standley said that people paid to play golf on the
Cit~'-owncd golf course.
Councilman Dehrem1L moved that_ the City raise the f('c on all Cit_y courts to $3; scconclpd
by Councilman Parry. All in felvor, with the cxcepLion of Councilmeml)C'J."s Pedersen <:md
Johnston; motion carried.
Field 2) Athletic Field. Parks Director Armstrong reported to Council that the final grading
had b,,'cn done OP_ the playing field. Armstrong shower1 Council a model of three> circu]ar
park:ing lots witb landscaped b('l~ms ilround them that would be implemented out. by the
athletic field. Armstrong puinted out thdt they would be graveled this year and \",'ould
sh101(1 the parking lot from vio\",' of Highway 82.
Armstrong 1~01d Council he could not afford to sod lhe playing field this year. 'rhe grass
seed could be planted in late full and could be playc'cl on next year. If the money is
not'<1c_;cd to sod thE~ playing field, Armstrong \r18S asking for permission to u~;(' thAt money
for _illstallation of lights at the Iselin Park fie1cls. Armstrong told Council he could
tak0 t_he exist.in'J lights Glnd fixtures t.hat: ""'ere too go 011 the Hio Grdnde jJropc'rty dnd move
them to Iselin so th.J.t the softball pi1rk could bc utilized Inorc. Councilman B(:hrcnclt
questioned WIldt ha~ happened to tIle children's park planned ~t the golf course. Council-
man Behrendt: indicated he felt there was a lack of qond chj ldren' s pla.y equipment in the
parks and Armst:::.-or.g had budgeted for a children's area w:ith equipment. Counci.lman
Behrendt asked why the park had not been start_cd and if the $10,000 for the purk \va;,; ~~lill
intact. City Manager Mahoney said the money for the children'~:: par}: had not been touched.
COllncilwoman Pedersen silid she would like some conunenLs from Finance Director DuL terbauCjIt
about the financial feasibility of moving the lights. CouncilwoTntlJ1 Johnston asked what
would be gained by lighting Iselin Park. l\rmst.rong replied that it would a]]ow p\ore
playing time faY" the softball learns, of which there ,He over 30 this year.
Mayor Standley suggested the possibi,lity of u~ing 6th penny money to fillish the field at
the golf course since the golf course was purchased wtih 6th penny money. 'rhen the
recreation budget could be transferred to put lights up at Iselin park. Mayor Standley
told Armstrong to meet with Finance Director Butterbaugh to figure out the financinSI for
this project. The Council could call a spccia] meeting to approve tho budget transfer if
it could be worked out.
Right-
3. r-1idland Rj ght-of-way. city Manager Mahoney reported t.o Council that Ear] Ballghar,
the appraiser, hild been in Aspen for the past week. Daughar promised to have the oppraisal
done by the fj_rst week in August.
4. Post Office. There had been a study session with the post office earlier this after-
noon. Mayor Standley told Council the post office had withdrawn their interest in the
City's property at this time.
[:,'ltc>
City ]\1:1n,i'lr'r 1'1111'))1'''',' to1(1 Council that ,it the ICl~;t: m('I't 111'
t () Tori ],\ j'nl( :;t ;-;"l \'! ("1_'. 1';V.1I1,; hdd I-I';>! i, .,j
t:1I(' City. ('j!y /\tt-ornc'y Stull{'r, ]':conomi,-;t ~;imlTl(':I:;, 1'1
held bt'cn workinc; the past week on how next to ptll :.lll' Liw
li1'I
1w
5. Ski 1,ift Hilte' RI'vif'h'.
11;1(11)('1'11 dir('ct.c'd to '.,'!'itl'
hdd dl'ni('d thc' 1"('<]\];':-;\ trom
^c;,;i :~I .lnl: ]\loio, and l-1:dIOllCY
admillist:riltive ~clicf.
r-1,lilUIH_'Y hold qiV('ll Cuullcil copies of ]::VclllS' 1."<'p1y. 'l'hi!; r-jxc~; the ddt<' t!H' Cjly h,](.1 lo
pursue this issue to thirty da.ys. It is tJlC City's intent to apply by Fricla.y, ...June 13,
]975, for administrative reli0f. Cilv ^!t:orncy Sl:ul_Icr told COllneil that the city WOlllcl
proc{'('c1 Ulis as admilli~;t.rilt:ivc ilP1H"11 "Illy llll1- m;lil1!olin thp ch.llh'IH!l' too tlH' DlC'1l1od \)!;t'd
III .lITIV{' ,11.1 J'l ir'.,. II ,q'IIl'.II'; Ill,il tll" {IIIIII!II' llj 11]1' {'ity'~; ,ldlllilli:;ll-dtiv(' <11'1"',11
will lJ{' C,3SUILially d r{'l!UL',;\ lor ,111 inlorllutioll Ilsl'd to sul)sLClllLiaLc Lhc IH'icl~ illcrcd~;c,
a rcqlwst for i1 stC1Y pending final dctcrmin;lt_ion, and ,in outline of economic ration,lle
substantiating our positioIl thi1t review by the Forest Service is incomplete. 'l'he material
Evan's Reply
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Regula.r Meeting
Aspen City Counci,]
June 9, 1975
submitted by SinIDlons "nel Hojo wi]l not go into the mCL"its and will !lot suggest an
alternate price. It will just suqgest a challenge to the criteria established by the
Forest Service.
~conoJn:i~~t Simmons told Council he felt the City should pursue this <1S the social inlerest
is great in the whole process and it would behoove tile City to take a stand now to try
and force the Forest Service into a more ratiollaJ. look' at ski lift rates.
City r1anagcr NJhoney told Council t.hat he would submit the administrat.-ive appeal to
,Council members the s~m(> time it is submitled to the :F'oref-;t:: Service. Councilwoman
Pedersen pointed out that the City is protesting a 10 per cent increase, $1 on $10, when
the Council just laid on a 33 per cent increase to plelY tennis on City courts.
TlIOl'mS PHOPER1'Y ANNEX/\'l'ION
-_._~-----~-~-~,-_..-
Thomas Prop.
Annexation
City Attorney Stuller explained t.o Council why this had heen tabled at the Jd~:;t meeting.
The Cit~y hud applied to annex land over which :Lhe Ci ty had no control (Highway 82), but
v..'(, bi1c1 to annex lJi(jhway 82 in orc1c'r to establi.sh conti~jujty with tho City. 'l'hc
BunicipCll Annexation Acl states that right.~;-of-way and Gl~n.'~'ts do not affpct conti.(]u.; ty,
but thC' City cannot U.nncx propcrLie~; not ()I';nc,] by the eiL-'I'. City Attorllt"Y St.ulJer
infoYllIt:'c1 Council sl1C' held contacted the State lliUhw<lY j)cpurtment and they had Cldvisl'd
her to proceed v.'i th the annexal ion including the higll\\ray alld not.i fy Uw Highway Dppart-
went hy submitting a petit:ion and copying UlC' hi9h'.-;ay department .int_o thClt pet.itjon.
Cjty Attorney StulJvr also told Celuncil tllat tllis was 011].1' the fjrst step in the anl18xa-
tion proceedings und the State lligh\\'ay DcpartITlc'nl had time <lvJ.i lab](=' to proteE~t.
Councilwoman Pedersen moved to authorize Mdyor ;~tandley to siqn the Petition for
AnneXi'ltion; seconded by Councilman Behrendt. AIJ in favor, motion carried.
Councilman Behrendt moved to read Hoso1ution ~24, Seri~:> of 197~;; seconde<J by Councilwoman
Pedersen. All in (avor, motion cilrricd.
RES01,HTTON #- 2 4
(Series of 1975)
Hes.#24 1975
Annexation
WHEREAS, thoro has been prL'scnttcd to t.he City Coune; 1 for ib:; consideration, a
Peli Lion [or AnnexiJ.tion concerning the fo11cJ\'ling described tract. located j n
Pitkin County, Colorado, to wit:
A parcel of lund in the SW~, Sec. 12, T10S, R85W of the 6th P.M.,
pjtkin County, Colorado, comprisin<j purts of Lots 8,9, 10 and the
SW~SW\ more fully descrjbed as follows:
13eginniny at a point on the Line G-7 of the Original Aspen 'J'ownsite,
said point being 5.0705.1116" 111'. 989.20 feeL from the 01."19inal J\spell
Townsite Corner No.6, said point also know as North J\nnexation Point
No. ]; tllcnce along the present city li.lnits N.7So09'll" W. 627.]0 feet
to North Annexation Corner No.3; thence 533.18 feet alone; the city
limi ts awl northerly l.-ight-of-\-,'ClY line of Sta'L(.' lli(JI1'd2Y 8? around the
arc of i:l curve to the left with a radjus of lOOS.OO fcC:'L and 1,o:bosc
chord bears 5.89038'55" ~'l. 526.9.') f(-,cC; th(>lICC' S.74027' ~','. 272.30 feeL
along t.he city limits and northerly right~of-1,o,'ay.line; tb(~nce 842.66
feet a.1ong city limiu~ o.nd the nOl:thcrly right-ot-way 1.io(' around the
arc of it curve -to the l-ight. with <:i radius of lO~JG.OO feel and whose
chord bbays N.83031' W. 822.05 f('c,t to a PC)j]lt bearing S.]l)o16'10"
E. 247.04 f('ct: froll\ Ule west onc-qui:nh:-,r corner of Sec. 12, 'l'lOS, 1\8:>\'1
of the 6th p.n. (<1 19S4 brass cap in placel; tl10ncc 5.28030'06" W. 100.00
feet to a point of intersection with UK' southerly right-o[-1,ol<lY line of
State Hjgh\'JoJ.Y 82, (11so !J(>ing tlw (>a~;terly right-of~way line of Cust]e;
Creck Road, said point. be~rs 5.10032'20" E. 332.91 feet fr(~n the west
onp-quilrter corner of Sec. 12j Ul[~nn' S. 16036' E. 135.87 fecl along the
casterly ri9ht-of-Wi'lY line of Castle Creck RO;:ld; thence S.20oS1' E.
2006.3l feet along the E'i1~;terly rj~lhL-of-v..'ay Linc' of Casl1.t' Creek ROeHl;
thence 5.320l0' E. 67.10 feet aloll~ tho casterly rjght-of-way line of
Castle Creek Roadj thence N.18ol4' E. 1107.77 feet; thence N.25028'
E. 715.83 feet; tllcllce N.21047' E. 282.37 fc(~~; tllcnce N.lOoSl' E. 90.71
fect to the southerly ri.9ht-of~\,'oJ.Y line of Sl.aLe lIigll',-lay 82; thence CiJ.25
fc~t along tile sautllerly right-of-woJ.Y line of StOlte Ilighw21Y 82 around
the arc of a curve to t:he right witll a radius of 905.00 fcet and whose
chord beill'S 5.77008'52" E. 63.23 feet; thence N.11050'49" E. 20.00 feet
along the southerly right-of-wel'j line of State Highwuy 82; thence
5.75009']J" E. 636.86 feet along the southerly right-Of-way line of
State Bighv,jay 82 to a poj.nt on t.he west.erly line of the Original Aspen
Tavm::;ite, said point being 5.07053'16" hr. 1069.79 feet from the
Origino.l Aspen Townsite Corner No.6; thence N.07053'16'' E. 80.59
feet alonq tile Line 6-7 of the Orjqinal l\spen Townsite to the point
of beginning, containing 39.203 acres more or less, and
h'III:Hl':'\:;, ~;,lid h,tii ion ]hl~--:; lWf'l; Cl('t,'ITIilW,l I," : Ii'
tl\<, 1-"'plil-"l~I"IIt~; (I' ~:(,("t.i()n 31-B-J07 of th,' ('01..) 1,1"
'.\'111 II \-"jllir('c1 hy :;,Iid l\c'L tll,11 II"
subst,lllt \<11 \;()!Ilpljdlll'{! of dll ilnnc'xdlioll !)"titiull Ill' I:',
of n'(.nrd,
Nt li'l, 'I'll [':I~I':I"()i:l:, 111,: ] T HI :;;()l,VJ-:iJ I\V ']'111': l'j'l'Y ("OLJi-jC'1 r. 01' '!'J{ I': C I TV OF M;l' l:N,
COLOHADO:
L 'I'haL the Petit.ion for Annexation of the above-descr.ibed propl~rty havilJCj
hp(>n ~,llhmitt('(1 to thc' City Clc-rk sh,lll be', and h0rr'hy is, dctermint'd to be in
i"('III[,li,III"" \villl !li" \""I\1il('IIH'11I" ,,[ ::t,,..1 il)l1 11-l~-ln7, C.P.~;. 11)71, tip' Cnlol-,l,l()
rtll!ll ,'ij'd 1 AIIII,'-,',il 1'1)) A,'l.
2. 'I 'l'lwt it further be determined, ulld the City Council so finds, tlwt not
less than one-~;ixth (.l/Clhl of tlle' pcriH:eter of the area proposed to be rJnnexl'd
is conUguous with the City of Aspen; that nothin') prohibited in Section 31-8-105
will occur as a result of the anzlcxntionj that the proposed ~nn0xntion will not
r.r'~;ult in tll(' dpt.-whm,>nt of territory from ,-:Jny sch()()d district; ,lnd th(ll the
ci I.,. Counci 1 t () :;,It i ,;f'/
'1:, I" j ;1,1] 1\1l11 ( ''';,1 t i I1n /\(.t,
i. I I': I 'i,11 i (':i "i t lH'
I;, ;\J] ut i I)ll dl1d t Ill'l'('l ()r('
.11HJ
'l'homas Prop.
Annexation
Ord.#38 1975
700 Hopkins
Apartments
Ord il39 1975
Fire Exting--
uishing Sys.
Res#30 1975
Eleaction on
Bonds for Hosl:-'.
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Regular t-1eeting
A~pen City Council
June 9, 1975
property (exc]usive of :=;trcE:'ts, hiqhwuys and alleys) proposed to be annexed .is own'2c1
by tile City of Aspen, dn~ is llot solely il public street or right-of-way, all of
which conditions mJ.J;:c the trJct eligible for uIll1C'xatioll by ordinance (withoul prior
notice aIlu Jlearing) as prescribed by Section 31-8-106(3) C.R.S. 1973.
Resolution #:24 was read in full by the City l\ttorncy.
Councih,OmaJl Pedersen moved to apprcNe Resolution #24, Series of 1975; seconded by
Councilwoman Johnston. All in iavor, motion carried.
ORDINANCE #38, SElUES OF 1975
Counci IV/oman Pedersen moved to read Ord i nunee if 38, Ser ies of 1975; seconded by Coune i lv.'Oman
Johnston. All in favor, motjon c~rrjcd.
ORDINANCE 138
(Series of 1975)
AN ORDINANCE ANNEXINC A 'fHl\CT! OF LAND CMNE1J BY 700 HOPKINS AVENUE APAHTHF.NTS, A
GENEHP,L PAR'l'NFHSHIP (SldlJ TH..'"'\C'I' Cm~'l'AININr; 2272 SQUi\HE FEET, f'.lORE on LI';SS') AND
ANNEXING SAID flHOi'EH'l'Y ACCOlmING '1'0 'l'llE COLOI{ADO MUNICIPAL ANNEXl\'l'J.ON 1\("1'
was read in title by the City Clerk.
CouncilvJQman Pedersen moved to approve Ordinilnce #38, Series of 1975, on fjrst reudillCJ,
seconded by Councilman Behrendt. Hol] call vote, Counei] Hlembcrs Behrendt., aye; ~lohnston,
aye; Parry, aycc; pcdcr~;('n, ayl2; WishFlrt, ayc; relayor Slanc1lc~y, aye. All in favor, mOlion
carried.
OHDl!i..~NCE # 39~_SE~IE~_ OF 1975
Councilman Belwcndt questioned Fi1:"(: Nar~;hal Art Hoagland about havinCJ the entire Fire
DepaJ~tmcnt_'s approvu.1 and Chief CJapper's approval. Hoaglund told Council this Ordindncc
would put him jn charge of cxti]\Cluislling syslems within public buildin~!~ and commcrci~J.
bui IctiniJ~; and would gj_vc hiro the author)"ly to approve and U-'st fire exlinguishi llg systcrl1s.
'The Fin~ Chief docs not have the time lo (10 these things.
Councilman Df_'hu)ndt moved too read Ordinance #39, Series of 1975; seconded by ('ouncih:oman
Pedersen. All in favor, motion carried.
OHDINA1-'lCE # 39
(Series of 1975)
AN ORDINANCE AME!~DING SECTION 9-3 OF THE ASPEN MUNICJP]\J.. CODE SO AS ']'0 EXPAND
TilE ENFOHCEFiEN'l' l\UTHOHITY OF 'rilE FIRE 1'1ARS!li\L (l,ND COHW:SPOl.JDINGLY Rl::DlICE THE
AUTIlOlUTY OF' 'rIlE FIRE CHIEF) 'IO m:'1'ERnT};E 'l'HE 'j'YPE JI.iW NUl'lBER OF r'lHl': I\lJl'LI1\LJCl-:~;
THAT J:>.-Un;T BE INS'J'ALLI;D (SPHINKLI~H, PI m; HYTW..h.N'J', STANDI' JPl;, PIllE J\l,Tl1ztl AND
POn'l'l.BLE FIHE EXTINGUISBER SYS'l'ElI:) AND RESPONSIBILI'l'Y FOP. INSPECTING JNS'l'l\LL!:D
SYS'l'EHS
was read in tit,le by the City Clerk.
Councilwomall Pederscll moved to adopt Ordinance #39, Series of 1975, on first readjll~J;
seconded by Councilwoman Johnston. Hall call vote; COllncilllK'nbcrs JohnsLol1, aye;
Parry, ayE'; Pedersen, 0.1"0; ~.h~~hart, ayej Behrendt, aye; MflYlH- Standley, ay{'. All in
favor, motion carried.
CouncilmCln Bchrcndt. moved to put He.';olul-iOll #JO, Series of 1975, on t.he ilSlc'ncld; ,;CCO;1'-1c:rJ
by Counci l\,'()mall Pedel~s('n. All in favor, motion carried.
Councilm,~lI1 Bchrenclt movf'd to re.J.c1 Resolution #30, Series of 1975; scconcled by Councilwomelll
Pedersen. All in filvor, motion carried.
RESOLUTION #30
(Series of 1975)
WHEREAS, there is scheduled for June 17, 1975, an election [or (l dctenni.llLltion
as to \dlClhcr honus shall issue for the construction of a n('w l\sl)C'J} Vul1(~y Haspi till,
and
WIIEHEAS, the Aspen City Council wishes to make of record its support of the
bond issue and to encourage the residents of the Cit_y o[ l\spen to endorsc' lhe same,
N0\1, 'l'HEREFOHE, DE ]T HESOINED BY TilE CITY COUNCIL OF TIl.E CITY 01" ^SPEN,
COLORADO that it docs hereby actively support issuance of the proposed hond
series necessary for the dov{~l_opmcnt of a new ASpCl1 Valley Jlospital tor Pilkill
County ilnd the City of Aspen residents.
BE 1'1' FURTHEH RESOLVED, t_hat it does encourage it.s residenls to p<1l"UCipClh~
in the election scheduled for June 17,1975, and at this time to apiJrovc the bond
issue to further the welfare of the citizens of this valJ_ey.
W;I:-: H'dd jll full Jl':' lIw ('it-y .'\ttClrlH"/
Councilwoman P('cl{'r~;c'll Ploved lo ,-1J')lrllvC' !<esolution #30, Series of 1975; Sl',.Oll,J{'cl by ("l\\\1('i 1-
man Wishi:lrt. All in favor, JnoLicil} cdrricd.
Hayor Standloy requested tllut the mcdj;l reall y hi t thi~l isslle' as m;Iny pC'ople an' UTl.-1\'ldn'
of this election or whal it is for. f'.layor Standley also ~;tatpd it woulu be good to bri.ng
out the fact th.J.t one docs not havp to be J regislered voter for thjs election.
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n.0~Jular Meeting
ASpCll City Council
June 9, 1975
CoulIci lWOllldll Pc.(lc'ro-~('n moved Lo put a Mayor'~; Ih'L'd on the ;lql~IH]<l; ::-:vcondcd by Council-
WOlaLill ,Johnston. All in favor, motion carried.
C.i ty l\ttornC'y explained why the 11,-:Occ1 for MClyor's Deed and that u feC' of $25 WilH
chdrqvd for <111 l'layor '.s Oc'('c1. This deed is Lo V<l!csktl BrouCJhton for" Ll-,c east 3 feet
of lot N, and all of lots 0, P, and Q, Block 16, Towq,.:;itc of Aspen, County of Pitkin,
Stai;c of CoJoI"o.clo.
Conl1cilwoffi<ln Pedersen moved to approve
to sign same; seconded by Councilwoman
the guyor':=: Deed a:pd to authorize Mayor Sti1ndlcy
Johnston. 1\11 in favor, moLion carried.
S'l'lJIW SESSIONS
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1. f'.lilyor Standley rcquestccl an all day \-,'ork session with the' new and old Coulleil to
hear r(~port.~; from the dcpartmcnb, heads Cl;::i t.o what they arc doing Clnd Whe'lL t1wy wou] d
]:i kC' to do next YCur. The aft_c'rnoon sc~;sion Hould 1..J(' to c:.,L,oJ ish 1..:hj r; Counei)' s
gO;-I]~,; wnd objectives. Tllis \o,'clS ;;chcdulcd fot Satun1ay, ,JUJle 14, at 8:30 d.m.
2. Planner Dill K"nc requested cl City/Count')" ClcarjliqllOtlSC to djscu~;~ till' propoo.;c()
clrri.llHJcr'lL>nLs for c. (]ov("rnr,wnta] c:ont:.r,lct bet\!cen Uw ci ty ilno County for the plC:l1lninq
office. 'l'hi~o Vias r;chcc1ulcd [or 5:00 p.lll. Honday, c-Junc 16/ .in the City Counci]
Chilwbc.'rs.
3. 7\ joint study sc>ssion h'ilh the P & 7. 'via;; scheuuh'c for 'ruc3c1,IY, ~func 17, at r>:oo
lJ.lll. ill the City Council Cham)" csto discuss plannin~J thc~ Hio Gronde property and the
!loly Cross propc>rLy.
5. Tuc'sc1Ll.Y, June 24, i1t 4:00 p.m. cl stu(l~T s0s:::;ion wa::.; scheduler'! to go over the
suhd.iv.i;3ion lonrl dedication rc-~']u:in;ment~s. Al :::':15 a jo:i.nt study sC'ssion wiLh the
IIi~-,torical I're,;cvotion COIiHilit-Lce was sclH;'dnlcc1.
4. If the light.in at. Isclill Peuk needs a special mcc,tiw], Council dccidc:d itny evening
at G p.m. for 30 nlj.llutes wallld be nppro[lriote,
CO\Jncilman BC'llrenr1t w()vcd to nd:lourJl tIle CO\lncil mc(~ling at 8:0S Il.TD.; SPcoIJdc'd J1Y
Councilwoman Pc~derscll. 1\11 in favor, Illotion carried.
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Hayor l:s Dc-c'd
Study Sessiuns
City/County
Clearinghouse
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Hio G)-ande
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ORDINANCE NO.
. Series of 1964
AN ORDINANCE J>.MENI)ING TITLE XI, CHAPTER 1, THE ZONING ORDINANCE
OF THE CITY OF ASPEN, COLORADO, TO PROVIDE FOR ZONING IN THE
RIVERSIDE ANNEX TO THE CITY OF ASPEN, COLORADO,AND DECLARING AN
EMERGENCY TO EXIST.
BE IT ORDAINED by the City Council of the City of Aspen,
Colorado:
Section 1: That Title XI, Chapter 1, the Zoning Ordinance
of the City of Aspen, Colorado, is hereby amended by providing
for the zoning of the following described area within the City of
Aspen, Colorado:
The Riverside Annex to the City of Aspen, Colorado,
situated in the SE~ of Section 7 and NE~ of Section
18, Township 10 South, Ranqe 84 West of the 6th P.
M., as the same appears on a plat of such area on
record in the office of the clerk and Recorder for
Pitkin County, Colorado.
Section 2: That such area hereinabove described in
Section 1 is hereby zoned R-6, Residential District, and shall be
subject to the restrictions and liaitations in use and in occupancy
as in such Zoning Ordinance of the City of Aspen concerninq such
districts set out.
Section 3: The City Council of the City of Aspen, Colo-
rado, hereby finds, determines and declares that an emerqency
exists, and that this ordinance is necessary for the immediate
preservation of public peace, health and safety.
Introduced, read and ordered published this 20th day of
Apr 11, 1964.
:/il,i/!~'~
(SEAL)
Mayor
?~EST:"_ ,
,~~ c" Z:;~4!":L:, ?l-rf/J~"
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Finally adopted and approved this
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day of May,
1964.
(SEAL)
AT'l'EST: ..
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ORDINANCE NO. 6
SERIES OF 1964
I,Dorothy Hoffmann
, City Clerk
of the City of Aspen, Colorado, do hereby certify that
the aforegoing Ordinance was introduced and read at a regular
meeting of the City Council of said City of Aspen on the
20th
day of
April
,1964 , and by order of
said City Council was published as a proposed ordinance as
the law directs and for more than ten days prior to its
passage in the Aspen Times, legal newspaper; and that on
the
4th
day of May
, 196 4 , the s~id
proposed Ordinance was read and passed by the City Council
aforesaid, the said meeting of said City Cou~cil being a
regular meeting, and ordered published in the aforesaid
newspaper as the law directs.
WITNESS my hand and the official seal of the
City of Aspen, Colorado, this 4th
day of May
196 4
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ORDINANCE NO.~~
(Series of 1962)
AN ORDINANCE PROVIDING FOR TIlE ANNEXATION OF A TRACT OF LAND KNOWN AS RIVERSIDE
ANNEX TO TilE CITY OF ASPEN, COLORADO, TO BE HADE A I'ART OF THE CITY OF A"PEN;
DESCRIBING SAID LAND BY HETES AND BOUNDS; DreS In:ATING SAID LAND AS A PART OF
'WARD NO. I: AND DECLARING Nl EMERGENCY TO EXIST.
IDIEREAS, petition was filed with the City Clerk for the City of Aspen
on August 20, 1962, requesting the annexation of a tract of land known as the
RIVERSIDE ANNEX TO TIlE CITY OF ASPEN, COLOP~DO, together with copies of a map
of such territory, whid. petition was signed by owners of more than fifty per'
cent of the area and who also comprised a majority of the landowners residing in
the territory at the time the petition was filed, all pursuant to Section 139-11-3
of Colorado Revised Statues, 1953,
~rnEREAS, the City Council for the City of Aspen did by Resolution
accept said -eoti.tioll for annexation of said land at a regular council meeting
on September 4, 1962,
IDIEREAS, notice of said petition was duly published in the Aspen Times,
a newspaper of general circulation on November 2, 1962, November 9, 1962 and
November 16, 1962, and no counter-petitions have been filed within 30 ~ays of
the ~ Eublication of said notice,
_M"ti - 1/
WHEREAS, all requirements pf Chapter 139, Article .~lr Colorado
Revised Statutes, 1953, have been complied with in connection with the annexation
of said territory,
BOW. 'nIEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN:
SECTION 1: That the following described tract of land situate in the
County of Pitkin, State of Colorado, known as fue Riverside Annex to the City of
Aspen, Colorado, adjoining or touching the boundary line of the City of Aspen and
so situated that not less than one sixth of the aggregate external boundaries of
said tract of land coincide with existing boundaries of the City of Aspen, is
bereb~ added to, annexed, taken into and made a part of the City of Aspen:
A tract of land situate in the Riverside Placer Mining Claim, U.S.M.S
3905 A.H., the Mascotte Lode Mining Claim, V.S.M.S. 5867, the Lone Pine Mining
Claim, v.S.M.S. 1910, the Molly Gibson Lode Mining Claim, V.S.M.S. 4281, and
the Jennie V Lode Hining Claim, V.S.H.S. 5310, Roaring Fork Mining District, in
Pitkin County, State of Colorado: Beginning at Corner No.1, which is coincident
with E.A.T. 12, thence N. 45000' E. 299.97 feet to Corner No. ~,.hich is coincident
with E.A.T. 11; thence N. 0014' E. 467.9 feet to Corner No.3, which is coincident
with E.A.T. 10; thence N. 42040' E. 221.2 feet to Corner No.4: thence N. 38000' E.
100.0 feet to Corner No.5; thence 5 43040' E. 291.99 feet to Corner No.6; thence
N 38000' E. 194.3 feet to Cocner No.7; thence N. 45021' E. 136.5 feet along the
common boundry between V.S.M.S. 1910, Lone Pine Mining Claim, and V.S.M.S. 5867,
Mascotte Hining Claim to Corner No.8: thence S. 77035' E. 374.8 feet to Corner No.9:
thence s. 45009' W. 347.58 feet along the conmlOn boundry between the said Hascotte
Mining Claim and U.S.11.S. 6899, The "99" Lode Mining Claim, to Corncr No. 10, which is
coincident with Corner No. 2 of the Mascotte Lode Mining Claim and Corner No. 2 of The
"99" Lode Hining Claim: thence N. 89046' W. 89.15 feet to Corner No. 11, which is the
Easterly boundry of the public road right-of-way (D. & R. G. W. Railroad right-of-way):
thence follow the Easterly boundry of the public road right-of-way Southerly to the
Northern boundary of the Colorado Stilte Hi~h"ilY No. 82 to Corner No. 12; thence
N. 54030' W. 113.5 feet to Corner No. 13, which is coincident with the Southcas.t corner
of Lot 18 of Block 6, Riverside Addition: thence N. 75006' H. 590.0 feet along the
Northerly boundary of State lIif.hway No. 82 to Corner No. 14; thence N. '>5000' H. bO.O
feet to Corner No. I, the place of beginning.
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SECTION 2. '!'hat the land dcc.cribed ill See tion 1. of this Ol.dinance is
hereby assigned to and made a part of Hard No. 1. of the City of Aspen.
SECTION 3: That the map of sai'd tract of 1.and described in Section 1.
hereof shall be filed in, the office of the C1.erk and Recorder for Pitkin County
on the effective date of thIs Ordf.llnllce: and that II copy of the mllp lInd a
certified copy of the petItion for llnnc>:lltl.on lllld a certified copy of this
Ordinance shall be filed with the Sccretllry of State of the State of Colorado.
SECTION 4: An emergency is declared to exist and the immediate passage
of this Ordinance is necessary for the public peace, health and safety of the
inhabitants of the City of Aspen, Colorado, and this Ordinance shall be in full
force and effect five (5) days after its final publication.
INTRODUCED, READ AND ORDERED published as provided by law
by tne City Council of Aspen, Colorado, at .its regular meeting held at the
City of Aspen on this :.-;,-LAdayof /h' C'.e/h hi');! , 1962.
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HAYOR
ATTEST: '"
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CITY CLE,RK
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FINALLY Passed, adopted and approved on this /7 day of
hk//7?'7~/"'/ , 1962.
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. 7 MAYOR
ATTEST:
/(>7-/// 9){_~~4/~~~-
CITY eyERK (//
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ORDINANCE NO.
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IdH-dly /1/I!Ci..?ddU
of the City of Aspen, Cblorado, do hereby
City Clerk
certify "that
the aforegoing Ordinance was introduced and read at a regular
meeting
.,.5-1' X~
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of the City Council of said City of
Pf y
day of~l'tN(lt1t(/
Aspen on the
, 196..2-. and by order of
said City Council was published as a proposed ordinance as
the law directs and for more than ten days prior to its
passage in the
the /7 It
Aspen Times, legal newspaper; and that on
day of %eb.'-7t'cdc-. 196/-- , the said
proposed Ordinance was read and passed by the City Council
aforesaid, the said meeting of said City Cou~cil being a
regular meeting,. and ordered published in the aforesaid
newspaper as the law directs.
WITNESS my hand and the official seal of the
City of Aspen, Colorado, this IlKday of ~.ct'~-1't/ftJ
196-.E
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ORDINANC8 NO. 12, 1962
See Proceedings
Bonds.
Io.lectri.c Light i\nd Power Revenue Refunding'
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