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HomeMy WebLinkAboutordinance.council.057-00 ORDINANCE NO 57 Series of 2000 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN BY AMENDING SECTIONS 2.12.010, 2.12.020, 2.12.040, 2.12.045, 2.12.050(0, 2.12.050(h), 25.04.110, 25.16.090, 26.104.070, 26:104.071, 26.104.072 TO INCREASE ASPEN MUNICIPAL GOLF COURSE FEES, ASPEN ICE GARDEN USER FEES, JAMES E. MOORE POOL USER FEES, MISCELLANEOUS LEISURE AND RECREATION DEPARTMENT USER FEES, WHEELER OPERA HOUSE FEES, LAND USE APPLICATION FEES, HISTORIC PRESERVATION APPLICATION FEES AND ZONING FEES, ENVIRONMENTAL HEALTH DEPARTMENT FEE, AND ELECTRIC AND WATER SERVICE DEPOSIT FEES. WHEREAS, the City Council has adopted a policy of requiring consumers and users of the miscellaneous City of Aspen programs and services to pay fees that fairly approximate the costs of providing such programs and services; and WHEREAS, the City Council has determined that certain fees currently in effect do not raise revenues sufficient to pay for the attendant costs of providing said programs and services. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 2.12.010 of the Municipal Code of the City of Aspen, Colorado, which section sets the applicable fees for the Aspen Municipal Golf Course, is hereby amended to read as follows: Sec. 2.12.010. Aspen Municipal Golf Course. The Aspen Municipal Golf Course user fees shall be as follows: Individual pass - unlimited season ................................. $640.00 Junior pass (17 yrs. and under) ..................................... 100.00 20 punch ticket ................................. 300.00 6 Punch Pass ........................................................ 150.00 Green fees - 18 holes ................................................... 80.00 9 holes ................................................... 45.00 Off season green fees (October 1 to close) 18 holes .................................................. 45.00 Section 2 That Section 2.12.020 of the Municipal Code of the City of Aspen, Colorado, which section sets the applicable fees for the Aspen Ice Garden, is hereby mended to read as follows: Sec. 2.12.020. Aspen Ice Garden Fees. The Aspen Ice Garden user fees shall be as follows: Public Admission - Adult (19 & over) .......................... $4.00/session Youth (6 - 18 yrs.) .......................... 3.00/session Tots (under 5 yrs.) .......................... 2.00/session Skate rentals - All ............................................. 2.00/session Skate sharpening ................................................ 4.00 10 Punch card - Adult ........................................... 35.00/card* Youth .......................................... 25.00/card* Tot ............................................. 15.00/card* Pick-up ........................................ 85.00/card Pick-up Hockey .................................................. 10.00/session Ice Rental ~ Prime .............................................. 170.00/hour Non-Prime .......................................... 130.00/hr. 120.00/hour Non-profit Adult - Prime ........................................ 135.00/hour Non-Prime .................................... 110.00/hour Youth - Prime ....................................... 120.00/hour Non-Prime ................................... 100.00/hour Locker Rentals 90.O0/season 120.O0/year Patch Ice ....................................................... 5.00/patch Classes ......................................................... 9.00/class * Rentals may be added to any card for a charge of $15.00/card. Section 3 That Section 2.12.040 of the Municipal Code of the City of Aspen, Colorado, which section sets the applicable fees for miscellaneous leisure and recreation user, is hereby amended to read as follows: Sec. 2.12.040 Miscellaneous Leisure and Recreation User Fees. Leisure and recreation user fees shall be as follows: Gvmnasties Mommy & Me ..................................................... $35.00/session Tots 1 day/week ............................................. 35.00/session 2 day/week ............................................. 60.00/session Beginners 1 day/week ............................................. 40.00/session 2 day/week ............................................. 70.00/session Intermediate 1 day/week ............................................. 45.00/session 2 day/week ............................................. 80.00/session Advanced ........................................................ 80.00/session Pre-Team ....................................................... 115.00/session Team Levels (5, 6 & compulsory) 3 x per week ................................................ 150.00/session 4 x per week ................................................ 160.00/session 5 x per week ........................... , .................. 170.00/session Level 7 ...................................................... 180.00/session Level 8,9,10 ................................................ 200.00/session Adul~ Basketball Drop In. . ...... 10 punch card ............................................... 3.50/evening 25.00 Men's league ................................................ 380.00/team Youth basketball (grades 1-8) .............................. 35.00 second child ...................................... 33.00 Volleyball Drop In ..................................................... 3.50/evening 10 punch card ............................................... 30.00 Trapeze 1 day/week ............................................. 40.00/session 2 day/week ........................... i ................. 65.00/sessiun Advanced 1 day/week ............................................. 45.00 ' 2 day/week ~ 75.00 Aerobics Drop in fee ............................................ 6.00/class 10 punch card .......................................... 50.00 ~Rental 1 Hour ................................................. 50.00 2 to 5 Hours ........................................... 175.00 6 to 10 Hours .......................................... 325.00 10 Hours or more ....................................... 500.00/day Rental Deposit ......................................... 250.00 Softball/Baseball Youth Baseball (8-15 yr. olds) .................................. $45.00/sununer (Second child) ......................................... 43.00/summer T-Ball (6-8 yr. olds) ........................................... 40.00/summer (Second child) ......................................... 38.00/summer Girl's Softball (8-14 yr. olds) ................................. 45.00/summer (Second child) .......................................... 43.00/summer Youth Late Fee ............................................ 75.00 Men's Softball .................................................. $545.00/team + $15.00 fee Ladies Softball ........ ~ ........................................ $435.00/team + $15.00 fee Co-ed Softball ................................................. $435.00/team + $15.00 fee Day Camp 8 am - 5 pm ..................................................... 22.00/day For each additional child ............................ 19.00/day One time activity fee ......................... 25.00 Fall Sports Flag Football (grades i-6) .................................... 35.00/7 wks. (Second child) ......................................... 33.00/7 wks. Adult Flag Football ............................................ $415.00/team + 15.00 fee Sailing ......................................................... $270.00/session Tennis Monday/Wednesday/Friday ............................. 57.00/session Tuesday/Thursday ........................................ 42.00/session Team ........................................................ $270.00/summer Youth Track ..................................................... $32.00/session (Second child) .......................................... 30.00/session Field Use/Player/Season ......................................... 15.00/player/sea. Climb~_~g Wall Adult Drop In .............................................. 6.00 Adult 10 punch pass ....................................... 50.00 Adult Season pass .......................................... 325.00 17 and Under Drop In .............................................. 5.00 10 punch pass ....................................... 40.00 Season pass .......................................... 250.00 Family pass .................................................... 500.00 Classes : lday/week ......................................... 57.00/session 2days/week ........................................ 81.00/session Late R~ ........................................ 5.00 Recreation Dept. Punch Passes 40 Punch Pass ..................................... 30.00 Individual Pass 6 months. . 150.00 annual ..................................... 270.00 Family Pass (up to 6 members) 6 months .................................. 275.00 annual ..................................... 495~00 each additional family member.. 25.00 Replacement fee for lost pass(es) ................ 10.00 Section 4 That Section 2.12.045 of the Municipal Code of the City of Aspen, Colorado, which section sets the applicable fees for Wheeler Opera House, is hereby amended to read as follows: 2.12.045 Wheeler Opera House In House Box Office Sales: Either a) 5 % of gross ticket sales or (b) a flat fee per week as outlined below: GENERAL ADMISSION or RESERVED SEATING No- of Performances ~ I $300.00 2-5 350.00 6-10 400.00 11-20 450.00 21 or more 500.00 Under either option a $0.25 per ticket consignment fee shall apply and the renter shall be responsible for credit card fees. Additionally, a $3.00 fee shall be added to the price of each phone order. Out-of-House Box Office Sales: Box office fees shall consist of a 6% of the gross ticket sales fee, $0.25 per ticket consignment fee, and any credit card fees. Additionally, a $3.00 fee shall be added to the price of each phone order. Theater Rental Rates: Rehearsal Rates Regular Season Non-Profit For-Profit Private Film/Television Sun-Thurs. Fri-Sat. Sun-Thurs. Fri.-sat. Sun.xThurs. Fri.-Sat. Sun.-Thurs Fri.-Sat. $25/hour $25/hour $50/hour $50/laour $150/hour $150/hour $5000/day $5000/day 6 High Season Non-Profit For-Profit Private Film/Television Sun-Thurs. Fri-Sat. Sun-Thurs. Fri.-Sat. Sun.-Thurs. Fri.-Sat. Sun.-Thurs Fri.-Sat. $25/hour $25/hour $65/hour $65/hour $165/hour $I65/hour $5000/day $5000/day Daily Rental Rates (Performance Days) Regular Season Non-Profit For-Profit Private Film/Television Sun-Thurs. Fri-Sat. Sun-Thurs. Fri.-Sat. Sun.-Thurs. Fri.-Sat. Sun.-Thurs Fri.-Sat. $400/day $475/day $900/day $950/day $1350/day $1600/day $5000/day $5000/day · High Season Non-Profit For-Profit Private Film/Television Sun-Thurs. Ffi-Sat. Sun-Thurs. Fri.-Sat. Sun.-Thurs. Fri.-Sat. Sun.-Thurs Fri.-Sat. $500/day $575/day $950/day $1000/day$1600/day $1855/day $5000/day $5000/day * HIGH SEASON RATES APPLY TO THE FOLLOWING DATES: February, March, June, July, August and December 15-31. Wheeler Trust Contribution: Private events and f'flm/television productions shall be assessed an additional $1,000.00 per day or performance, whichever is greater, to the Wheeler Trust. This fee shall be in lieu of item XX/, Section D of the Theater Use Agreement. Additional Rental Charges include: Multiple performances in one day shall be charged an additional fee of $250.00 ($150.00 for non-profit organizations) per performance; charges for minimum personnel, specialized equipment, materials, and other incidentals. (A house manager shall be included in the rent for local non-profit organizations. Other labor and equipment shall be subsidized for non-profit groups) See Wheeler Rental Packet for detailed information. Section 5 That Section 2.12.050(h) of the Municipal Code of the City of Aspen, Colorado, which section sets the applicable fees special events and park use fees, is hereby amended to read as follows: Sec. 2-12.050(h). Special events/park use fees. Application fee: $50.00 Non-profit: 25.00 Event Fees: 50 -- 100 People 300.00 Non-profit organizations 200.00 101 -- 200 People 500.00 Non-profit organizations 300.00 201 -- 500 People 1,500.00 Non-profit organizations 300.00 Over 500 People 2,000.00 Non-profit organizations 500.00 Exclusive use of park: 5,000.00 Athletic camps: $5/participant/week; maximum $750 Athletic tourmtments: $500/event Sports classes: $5/participation/week; maximum $750 Day care: $5/participation/week; maximum $350 Section 6 That Section 2.12.060 of the Municipal Code of the City of Aspen, Colorado, which section establishes various parking fees, is hereby amended to read as follows: 2.12.060 Parking fees. The Transportation and Parking Department shall charge the following fees for parking: I. Rio Grande Parking Plaza Fee Options~ A. Hourly parking rate $ 0.75/hour Maximum daily fee 7.50/day B. Validation stickers 3.00 per visit C. Unlimited use monthly pass 100.00/month D. Night Owl Special (4 to 7 p.m.} 1.00 E. Lost Ticket Fee 7.50 F. Special Events Pass 3.00/day G. Access Replacement Card 10.00 II. Commercial Core Pay Parking Fees. Between the hours of 7 a.m. and 6 p.m. $ 1.00/hour Between the hours of 6 p.m. and 3 a.m. free III. Residential Permit Parking Program Fees. Residential Day Pass Fee $5.00 Parking up to 2 hours without a permit free Resident Permits: First 2 permits for residence and guest is free. Third permit: $25.00 Fomlh permit: 50.00 Fifth permit: 100.00 (No more than five pen-nits shall be issued per residence) Resident Guest Pennit free Lodge Guest Permit 1.00/permit High Occupancy Vehicle Permit free Business Vehicle Permit 300.00/6 month period Host Guest Permit Fee 25.00 The Residential Permit Parking Program restrictions shall be in effect from 8 a.m. until 6 p.m., Monday through Friday, (official holidays excepted), unless otherwise specified. Two 6-month periods are established for the Business Vehicle Permit: Winter Season, November 1 through April 30, and Summer season, May 1 through October 31. IV. Miscellaneous Parking Fees. Service or Delivery Vehicle Permit $100.00/yr. plus $2.00 per day for each receipt Construction Vehicle Permit In Residential Permit Parking 20.00 Handicapped Parking free Permit Replacement Fee 25.00 Tow Truck Cancel Fee 25.00 Boot Fee 35.00 In-car meter fee 35.00 Section 7 That Section 25.04.010 of the Municipal Code of the City of Aspen, Colorado, which section establishes deposits for electric service, is hereby amended to read as follows: 25.40.110 Deposit for electric service. (a) When a tenant applies for electric service at a new location, the applicant shall be required to place a cash deposit in the following manner: Residential service: one hundred dollars ($i00.00). Commercial service: (1) An amount equal to the service bills for the subject property for the three (3) highest months 'of usage during the prior year, if the applied-for use of the property is similar to the prior use; or (2) If there is no similar prior space or use on which to compute the amount provided in subsection (a)(1), then an amount to be determined by the Utilities Director within his sole discretion, and based on a reasonable estimate of three (3) months' service for a space and use similar to the subject property. (b) Subject to the approval of the Utilities Director based on previous credit history with the City of Aspen Utilities, the owner of the premises on which the electricity is used may approve waiver of their tenant's deposit requirement by completing an application which informs the owner of the possibility of a lien upon the premises for unpaid bills, pursuant to section 25.04.090. (c) Deposits shall be held by the Director of Finance umil service is discontinued and final service bills paid and will accrue interest at five (5) percent per annum starting thirty (30) days after receipt of the monies until the date of disconnection. Return of the unused portion of the deposit plus interest will be made within forty-five (45) days from date the final bill is issued. Section 8. That Section 25.16.090 of the Municipal Code of the City of Aspen, Colorado, which section establishes deposits for water service, is hereby amended to read as follows: Section 25.16.090 Deposit for water service. (a) When applying for water service at a new location, each applicant shall be required to place a cash deposit in the following manner: Residential service: fifty dollars ($50.00). Commercial service: (1) An amount equal to the service bills for the subject property for the three (3) highest months of usage during the prior year, if the applied~for use of the property is similar to the prior use; or (2) If there is no similar prior space or use on which to compute the amount provided in subsection (a)(1), then an amount to be determined by the Finance Director within his sole discretion, and based on a reasonable estimate of three (3) months' service for a space and use similar to the subject property. (b) Subject to the approval of the Utilities Director based on previous credit history with the City of Aspen Utilities, the owner of the premises on which the water is used may approve waiver of their tenant's deposit requirement by completing an application which informs the owner of the possibility of a lien upon the premises for unpaid bills, pursuant to section 25.04.090. (c) These deposits will be held by the Utilities Director umil service is discontinued and final service bills are paid and will accrue interest at five (5) percent per annum starting thirty (30) days after receipt of the monies until the date of disconnection. Return of the unused portion of the deposit plus interest will be made within forty-five (45) days from date the final billing is issued. Section 9. That Section 26.104.070 of the Municipal Code of the City of Aspen, Colorado, which section establishes land use application fees, is hereby amended to read as follows: 10 26.104.070 Land use application fees. (a) The categories of review processes and base fees for the processing of land use applications shall be as follows: Base Fee Category Hours (Deposit) 1. All Major Applications 12 $2,405.00 2. All Minor Applications 6 1,205.00 3. Staff Approvals 500.00 4. Flat Fee 280.00 5. Referral Fees--Environmental Health, Housing, Engineering a. Minor Applications $180.00 b. Major Applications $345.00 6. Public Right-of-way Construction License $295.00 7. Development Order Recordation Fee 35.00 The public right-of-way construction license fee may be waived or reduced in the discretion of the Community Development Director upon a showing of hardship or in situations where the fee may be excessive for the work proposed to be performed in the public right-of-way. (b) The Community Development Department staff shall keep an accurate record of the actual time required for the processing of each land use application and additional billings shall be made commensurate with the additional costs incurred by the city when the processing of an application by the Community Development Department takes more time than is covered by the base fee. In the event the processing of an application by the Community Development Department takes less time than provided for in subsection (a), the department shall refund the unused portion of the base fee. (c) The following guidelines shall be used for the administration of the fee stmdture set forth above: (1) Fees charged for the processing of applications which fall into more than one category shall be cumulative; while the fees charged for the processing of applications within the same category shall not be cumulative. In the event that the fees which result from · cumulation are found by the Community Development Department to be excessive in relation to the number of hours it is anticipated to require to process the application, the Community Development Department may waive the cumulation requirement. 11 (2) Additional billings shall be based solely on processing time spent by members of the Community Development Department or its designee in the processing of an application. (3) Additional billings shall be computed at the rate of two hundred five dollars ($205.00) per hour of additional Community Development Department staff time required. Refunds of unused hours shall be made at the rate of one hundred ninety-five dollars ($205.00) per hour of time. (4) The Community Development Director shall establish appropriate guidelines for the collection of additional billings as required. (5) This fee structure shall be reviewed annually as part of the City of Aspen's budget hearing process and should any adjustments be necessary, they shall be changed to become effective on January 1. (6) The Community Development Department shall identify, prior to or at the time of submission of a land use application, whether an application is to be referred to the Engineering, Housing, or Environmental Health Departments. The Community Development Department shall also identify whether an application constitutes a minor or a major referral, based on the number of hours that will be required to review the application, and charge the applicant for each referral accordingly. Additional billings and refunds shall not apply to the computation of referral fees. (7) Land use review fees may be waived or reduced in the discretion of the Community Development Director for projects serving a public purpose, proposed by a non- profit organization, or in which the fee may be excessive for the work proposed. Section i0 That Section 26.104.071 of the Municipal Code of the City of Aspen, Colorado, which section establishes historic preservation application fees, is hereby amended to read as follows: 26.104.071 Historic preservation application fees. The types of applications and fees for the processing of historic preservation and landmark designation applications shall be as follows (Historic preservation review fees may be waived or reduced in the discretion of the Community Development Director for projects serving a public purpose, proposed by a non-profit organization, or in which the fee may be excessive for the work proposed): : 1. Exemptions and Insubstantial Modifications $ 70.00 Example: Exterior changes that do not alter the character of landmarks or structures within historic districts, or technical changes to previously approved plans. 2. Minor Development and Partial Demolitions $500.00 Example: Minor Developmem means exterior changes (in combination of no more than three (3)) that do not alter the character of landmarks or structures located within historic districts, and/or additions of less than two hundred fifty (250) square feet to landmarks or structures located within historic districts, and minor changes to designated sites. These are considered one-step applications and go before the HPC. A public hearing is not required. Example: Partial Demolition means the remodel of a portion of the affected building. 3. Significant Development (Under 1,000 sq. ft.) $1205.00 Example: Multiple exterior changes, additions of less than one thousand (1,000) square feet (between 250--1,000 sq. ft.), and some partial demolitions. These are two-step applications that require a public hearing before the HPC at Conceptual Development (first step). Publication, posting and mailing are required for all HPC public hearings. A bond or financial security may be required. 4. Significant Development (Over 1,000 sq. ft.) $2405.00 Example: Major remodels involving partial demolition, additions over one thousand (1,000) square feet and on-site relocations. These are two-step applications that require a public hearing before the HPC at Conceptual Development (first step). Publication, posting and mailing are required for all HPC public hearings. A bond or financial security may be required. 5. Demolitions and Off-Site Relocations $2405.00 Example: Full demolition and complete relocations off-site. These are two-step applications that require a public hearing before the HPC at Conceptual Development (first step). Publication, posting and mailing are required for all HPC public hearings. A bond or financial security may be required. The examples listed for different types of applications are intended solely as a guide and are not binding upon the Community Development Department in assessing the proper fee for processing any particular historic preservation or landmark designation application. Section 11 That Section 26.104.072 of the Municipal Code of the City of Aspen, Colorado, which se.ction establishes zoning fees, is hereby amended to read as follows: 26.104.072 Zoning fees. Zoning shall be charged the following fees for the services listed: I. Building plan checks by zoning (a $100.00 deposit shall be collected at building permit application submittal): A. RESIDENTIAL, AGRICULTURAL, AND PUBLIC USES WITHIN THE PUBLIC ZONE DISTRICT 1. Manufactured Housing without basement $100.00 2. Manufactured Housing with basement $100.00 3. New Work and Major Repair/Remodeling Change Orders Up To 500 s.f. $100.00 501 - 3,500 s.f. $.13/s.f. 3,501 - 10,000 s.f. $455 plus $.30/s.f. for each additional foot over 3,501 s.f 13 10,000 + s.f. $1,625 plus $.35/s.f. for each additional foot over 10,000 s.f 4. Minor Repair/Remodel and Change Orders $100.00 (Note: Minor applications request no changes to floor area, use, height and /or footprint. Those applications which are not Minor are consider Major.) B. NON-RESIDENTIAL 1. New Work, Major Repair/Remodeling and Change Orders Up To 500 s.f. $100.00 501 - 5,000 s.f. $.30 s.f. 5,001 + 10,000 s.f $1,300 plus $:60/s.f. for each additional foot over 5,001 s.f. 10,001 + greater s.f $1,625 plus $.70/s.fl for each additional foot over 10,001 2. Minor Remodel/Repair/Change Orders. $85 (Note: Minor applications request no changes to floor area, use, height and /or footprint. Those applications which are not Minor are consider Major.) C. ZONING ENFORCEMENT FEES 1. Projects constructed without permits, fees are doubled as a penalty. 2. PENALTY PROVISION '~ A penalty fee for enforcement actions requiring a land use " approval $650.00 3. Sign permits: Processing and code compliance for all sign permits $120.00 4. Board of AdjUstment fees: $165.00 Processing and application fee for all Board of Adjustment appeals D. Zoning review fees may be waived or reduced in the discretion of the Community Development Director for projects serving a public purpose, proposed by a non- profit organization, or in which the fee may be excessive for the work proposed. Section 12. I4 That Section 2.12.050(0 of the Municipal Code of the City of Aspen, Colorado, which section establishes Environmental Health Department fees, is hereby amended to read as follows: (f) Environmental Health Department Fees. Special event Plan Review Fee .................................................... $34.00 Special event inspection fee ....... ; ................................................. 34.00 Noise variance fee ..................................................................... 34.00 Fugitive dust permit fee ............................................................... 34.00 Swimming Pool plan review fee ........................... , ...................... 65.00/hr. Section 13 The effective date of this ordinance shall be January 1, 2001. Section 14 This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 15 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions hereof. A public hearing on the ordinance shall be held on the 8th day January, 2001, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on thel lth day December, 2000. 15 ATTEST: ~ ~chel E~' (Ric ~ ' athryn-S:K6'/(l~, C~ty ~lerk FINALLY adopted, passed and approved this 8th day January 2001. A'I:TEST:" Kathryn S.J~h, City Clerk JPW-01/24/01 -G: ohn\word\ords\fees01 .doc 16