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Home My WebLink Aboutagenda.council.special.20240903AGENDA CITY COUNCIL SPECIAL MEETING September 3, 2024 12:00 PM, City Council Chambers I.Call to Order II.Roll Call III.Public Comment IV.Consideration of Resolution #111, Series of 2024 - Setting a Ballot Issue Regarding the Entrance to Aspen IV.A.Resolution #111, Series of 2024 V.Adjourn ZOOM Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://us06web.zoom.us/j/83651824350? pwd=q18ZrnyPmpxMzGBk0G6XP23mTXrerq.1 Passcode: 81611 Or join by phone: Dial(for higher quality, dial a number based on your current location): US: +1 719 359 4580 Webinar ID: 836 5182 4350 Passcode: 81611 International numbers available: https://us06web.zoom.us/u/kd7n8E9USg Memo re Ballot Issues.docx Resolution #111 - Ballot language (Option #1).doc Resolution #111 - Ballot language (Option #2).doc 1 1 2 2 MEMORANDUM TO:Mayor and City Council FROM: James R. True, City Attorney DATE OF MEMO: August 30, 2024 MEETING DATE: September 3, 2024 RE:Resolution #111 (Series of 2024) – Entrance to Aspen Ballot Issue SUMMARY: During the last Council meeting, Council moved to set a Special Meeting of City Council to consider submitting to the voters of Aspen in the coordinated election in November a ballot question regarding the Entrance to Aspen. DISCUSSION: Based on that discussion of Council, staff has prepared a resolution that would submit a question to the voters that would allow the Colorado Department of Transportation to pursue the 1998 Preferred Alternative, with the construction of bus lanes until such time as the community would support a Light Rail Transit System. This is designated as Option #1. Option #2 would allow the change to allow bus lanes across the Marolt and Thomas properties but is not a direct vote on the preferred alternative. This would allow other alternatives to be considered in the future, including what is known as the “Split Shot,” without the need for another vote of the community. RECOMMENDATION:The decision to place a question on the November ballot is within the discretion of the City Council. 3 RESOLUTION NO. 111 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN, AT THE COORDINATE ELECTION ON NOVEMBER 5, 2024, A CERTAIN QUESTION RELATING TO THE ENTRANCE TO ASPEN. WHEREAS, pursuant to Section 5.5 of the Home Rule Charter of the City, the City Council, on its own motion, has the power to submit at a general or special election any proposed ordinance or question to a vote of the people; and, WHEREAS, pursuant to Section 13.4 of the Home Rule Charter of the City, the City Council shall not sell, exchange or dispose of real property in use for public purposes, including real property acquired for open space purposes, without first obtaining the approval of a majority of the electors voting thereon; and, WHEREAS, in 1996, voters approved using a right of way through the Marolt and Thomas properties for a two-lane parkway, one lane in each direction for vehicular traffic and light rail transit system; and, WHEREAS, pursuant to the approval of the 1996 ballot measure, the City of Aspen conveyed to the State of Colorado, Department of Transportation an easement over the City property for a two-lane parkway, one lane in each direction for vehicular traffic and a light rail transit system; and, WHEREAS, in the 1998 Record of Decision the Preferred Alternative included an interim step before light rail, allowing for a light rail system to be developed initially as exclusive bus lanes if local support and/or funding were not available; and 4 WHEREAS, use of the right-of-way over Marolt-Thomas Open Space for exclusive bus lanes instead of a light rail to implement the Preferred Alternative would require a vote based on Section 13.4 of the City of Aspen Charter; and WHEREAS, the City Council desires to place before the electorate of the City of Aspen a certain ballot question to amend the previous conveyance to allow the use of the right of way for bus lanes, consistent with the 1998 Record of Decision. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. The following question shall be placed on the ballot at the November 5, 2024, election: Shall the City Council be authorized to amend the conveyance to the State of Colorado, Department of Transportation of the easement over and across City owned property including, but not limited to, the Marolt and Thomas properties, acquired for open space and transportation purposes, for a two lane parkway, and separate transit lanes to be used exclusively for buses until such time as the community supports the construction and funding of a light rail transit system, as permitted by the 1998 Colorado Department of Transportation Record of Decision for the State Highway 82 Entrance to Aspen Project? YES _____ NO _____ INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of September 2024. ________ Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. __________ Nicole Henning, City Clerk 5 6 RESOLUTION NO. 111 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN, AT THE COORDINATE ELECTION ON NOVEMBER 5, 2024, A CERTAIN QUESTION RELATING TO THE ENTRANCE TO ASPEN. WHEREAS, pursuant to Section 5.5 of the Home Rule Charter of the City, the City Council, on its own motion, has the power to submit at a general or special election any proposed ordinance or question to a vote of the people; and, WHEREAS, pursuant to Section 13.4 of the Home Rule Charter of the City, the City Council shall not sell, exchange or dispose of real property in use for public purposes, including real property acquired for open space purposes, without first obtaining the approval of a majority of the electors voting thereon; and, WHEREAS, in 1996, voters approved using a right of way through the Marolt and Thomas properties for a two-lane parkway, one lane in each direction for vehicular traffic and a light rail transit system; and, WHEREAS, pursuant to the approval of the 1996 ballot measure, the City of Aspen conveyed to the State of Colorado, Department of Transportation an easement over the City property for a two-lane parkway, one lane in each direction for vehicular traffic and a light rail transit system; and, WHEREAS, in the 1998 Record of Decision the Preferred Alternative included an interim step before light rail, allowing for a light rail system to be developed initially as exclusive bus lanes if local support and/or funding were not available; and 7 WHEREAS, use of the right-of-way over Marolt-Thomas Open Space for exclusive bus lanes instead of a light rail to implement the Preferred Alternative would require a vote based on Section 13.4 of the City of Aspen Charter; and WHEREAS, the community is considering alternatives for the Entrance to Aspen, including the previously approved Preferred Alternative, as well as what is known as the “Split Shot.” All such alternatives would require an amendment to the previous conveyance to allow bus use; and WHEREAS, the City Council desires to place before the electorate of the City of Aspen a certain ballot question to amend the previous conveyance to allow the use of the right of way for bus lane(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. The following question shall be placed on the ballot at the November 5, 2024, election: Shall the City Council be authorized to amend the 2002 conveyance of an easement to the State of Colorado, Department of Transportation across city- owned real estate in the Marolt and Thomas properties, acquired for open space and transportation purposes, to allow exclusive bus lane(s)? YES _____ NO _____ INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of September 2024. ________ Torre, Mayor 8 I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. __________ Nicole Henning, City Clerk 9