HomeMy WebLinkAboutresolution.council.068-99 RESOLUTION NO. ~ ._ -
(Series of 1999)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
SUBMITTING TO TIIE ELECTORATE OF THE CITY OF ASPEN CERTAIN
QUESTIONS AT THE NOVEMBER 2, 1999. MUNICIPAL ELECTION, AND
SETTING SUCH BALLOT TITLES AND QUESTIONS.
WHEREAS, Article X. Section 20(4) of the Colorado Constitution requires
municipalities to obtain voter approval in advance of the creation of any multiple fiscal year
direct or indirect debt or in advance of increasing taxes: and
WHEREAS. the City Council is further authorized pursuant to Section 5.7 of the
Aspen City Charter to, on its own motion, submit questions to a vote of the electorate; and
[Questions Nos. 1 & 2, 4 & 54 - Bass Park]
WHEREAS, in April. 1999. the City of Aspen purchased Bass Park for $3.4 million
with the intent of seeking voter approval for a funding mechanism that would allow the City
to maintain all or a portion of the property as a park; and
WHEREAS, when Bass Park was purchased the City Council determined that if the
electors of the City chose not to authorize a funding mechanism to maintain all or a portion
the property as a park. that the property would be used for an affordable housing project to
be financed from existing Affordable Housing funds; and
WHEREAS, the City Council desires to ask the electors of the City of Aspen for
authorization to either (a) increase existing sales taxes to finance the purchase of the entire
property for use as a park; (b) increase existing sales taxes sufficient to finance the purchase
of one-half (1/2) of the property to be used as a park with the remaining potion to be used
for an affordable housing project: or (c) sell the property on the free market to recover the
initial purchase price and thereafter reimburse the Affordable Housing/Day Care and Parks
and Open Space Funds from which the original purchase price was paid: and
[Question No. 3 - Excess Revenues]
WHEREAS, the City of Aspen collected approximately $158,275.00 in property
taxes during the 1998 fiscal year which exceeds the authorized limits established pursuant to
Article X, Section 20(7) of the Colorado Constitution; and
WHEREAS, Article X, Section 20(7) of the Colorado Constitution requires
mumctpalities to refund excess revenues not excluded from fiscal year spending unless
voters approve the revenue change as an offset: and
WHEREAS, the City Council has determined that it desires to allow voters of the
City of Aspen to decide whether excess revenues should be refunded to taxpayers or spent
for appropriate municipal purposes; and
WHEREAS. The City Council has determined that pedestrian improvements are
necessary throughout the City; and
WHEREAS, the City Council has determined to continue to budget for pedestrian
improvements throughout the City from existing revenues, but desires to increase such
expenditures by using excess revenues; and
[Question No. 6 - Burlingame Ranch]
WHEREAS, the City of Aspen purchased the property commonly known as the
Burlingame Ranch from the Walter E. Paepcke Life Insurance Trust in January, 1997, with
the intention of using the property for affordable housing and open space and accordingly
Housing/Day Care Funds were used for the purchase; and
WHEREAS, a lot of approximately 37 acres (of the original 219 acre Buflingame
Ranch) was created through subdivision in accordance with the Pitldn County Land Use
Code; and
WHEREAS. the City Council desires to sell, on the free market, the 37 acre parcel
so created to partially reimburse the Affordable Housing/Day Care Funds used to purchase
the Buflingame Ranch; and
WHEREAS, the City Council has determined that the 37 acre lot should be deed
restricted before any sale to ensure that any future development on the parcel is compatible
with the Aspen Area Community Plan and the surrounding neighborhood: and
WHEREAS, the City Council has determined that the deed restrictions to be
imposed prior to any sale should include at a minimum provisions for the following: (a) a
limitation to limit development to the construction of a single family residence with an
attendant accessory employee dwelling unit, (b) a limitation which includes a defined
building envelop of approximately 30,000 square feet with the remaining portion of the
parcel (approximately 36 acres) encumbered with a conservation easement, (c) a limitation
onthe size of the allowable residence by limiting the floor area ratio (FAR) to a maximum
of 5,000 square feet with the ability to increase the size up to 7,000 square feet with the
purchase and designation of Pitkin County Transferable Development Rights (TDR's) at the
rate of 1,000 square feet per TDR, (d) a restriction on landscaping to include provisions for
xeriscaping requirements to limit the consumption of water and the identification of a fire
safety zone from surrounding vegetation, and (e) a limitation on the height of any structure
or building.
WHEREAS, Section 13.4 of the Aspen City Charter requires voter approval for the
sale of real property in use for public purposes and the City Council desires to obtain said
voter approval to sell the aforementioned 37 acre parcel on the free market; and
[Question No. 7 - Amendment of City Charter - Replacement of Open Space]
WHEREAS. the City Council desires to seek voter approval to amend the City
Charter of the City of Aspen to ensure that any voter approved sale of open space property is
conditioned upon the replacement of the affected open space property with real property of
equivalent, or greater, monetary, environmental and aesthetic value; and
WHEREAS, Section 13.4 of the City Charter, if amended, would read as follows:
Council shall not sell, exchange or dispose of public building, utilities or 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. Additionally, the city council shall not cause or permit the change in use of
real property acquired for open space purposes, other than for recreational,
agricultural or underground easement purposes, without first obtaining the approval
of a majority of the electors voting thereon. No real property acquired for open
space purposes shall be sold, exchanged, disposed of, or converted to other uses
other than for recreational, agricultural or underground easement purposes,
unless such open space is replaced within six months with another open space
property of equivalent or greater value as of the date Of sale or conversion as
determined by the city council by resolution following a public hearing taking
into consideration monetary, environmental, and aesthetic values.
and
WHEREAS, Section 13.10 of the Aspen City Charter authorizes the amendment of
the Aspen City Charter at any time in the manner provided by the Colorado Constitution;
and
WHEREAS, Article X, Section 9, of the Colorado Constitution vests in the
registered voters of the City of Aspen the power to adopt, amend or repeal their Home Rule
Charter.
4
[Question No. 8 - Smuggler Area Undergrounding District Bond Question]
WHEREAS, the City Council received a petition from residents of the Smuggler
area of the City of Aspen seeking the formation of a speciai improvement district for the
conversion and undergrounding of electric and telecommunications service lines within the
proposed district and said petition was signed by approximately 79% of the affecWd
property owners; and
WHEREAS, the City Council adopted Resolution No, 37, Series of 1998, which
declared that the formation of the Smuggler Area Undergrounding District will promote the
public convenience, necessity and welfare; and
WHEREAS, Holy Cross Electric Association. U.S.West/Qwest Communications.
and AT&T have offered to cooperate and/or pay for the major cost of burying their primary
electric, telephone and cable ut'dity systems within the improvement district: and
WHEREAS, the City Council on August 9, 1999, adopted Resolution No. 65. Series
of 1999, declaring its intention to form the Smuggler Area Undergrounding District and
established August 30, 1999, as the date for a public hearing; and
WHEREAS, the City Council anticipates that following the public hearing on
August 30. 1999, it will be presented with resolution to formally create the Smuggler Area
Undergrounding District: and
WI-[EREAS, the resolution that is anticipated may call for the issuance of special
assessment local improvement bonds pursuant to the City Charter. Chapter 19 of the Aspen
Municipal Code, and Section 29-8-129, C.R.S., for the purpose of paying all or such portion
of the cost of the ~mprovements to be constructed as may be assessed against property
specially benefited; and
NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN. COLORADO, THAT:
Section 1.
The following question, seeking authorization to increase sales taxes by an amount
sufficient to finance the total cost of purchasing Bass Park for use of the property entirely as
a public park, shall be placed on the ballot at the City's special election to be held on
November 2, 1999:
CITY OF ASPEN BALLOT QUESTION NO. - .... AUTHORIZATION TO
INCREASE CITY OF ASPEN SALES TAXES BY .21% FOR FIVE YEARS TO
FINANCE THE PURCHASE OF BASS PARK FOR USE OF THE PROPERTY
ENTIRELY AS A PUBLIC PARK.
SHALL CITY OF ASPEN TAXES BE INCREASED UP TO $960,780.00
ANNUALLY BY THE IMPOSITION OF AN ADDITIONAL .21% SALES TAX
COMMENCING ON JANUARY 1, 2000, AND TERMINATING ON
DECEMBER 31, 2004. TO REIMBURSE THE CITY'S COST OF $3,400,000. 00
WHICH IT PAID FOR THE PARK IN 1999, FOR USE OF SAID PROPERTY
ENTIRELY AS A PUBLIC PARK: AND SHALL THE CITY OF ASPEN BE
ENTITLED TO COLLECT AND SPEND THE FULL REVENUES FROM SUCH
TAX INCREASE REGARDLESS OF WHETHER THE ANNUAL REVENUES
FROM SUCH TAX INCREASE IN ANY YEAR AFTER THE FIRST FULL
YEAR IN WHICH IT IS IN EFFECT EXCEED THE ESTIMATED DOLLAR
AMOUNT STATED ABOVE AND WITHOUT ANY OTHER LIMITATION OR
CONDITION, AND WITHOUT LIMITATING THE COLLECTION OR
SPENDING OF ANY REVENUES OR FUNDS BY THE CITY OF ASPEN.
UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR
ANY OTHER LAW?
Section 2.
The following question, seeking authorization to increase sales taxes by an amount
sufficient to finance the one-half of the total cost of purchasing Bass Park for use of one-half
of the property as a public park and the remaining half of the Park for an affordable housing
project, shall be placed on the ballot at the City's special election to be held on November 2,
1999:
CITY OF ASPEN BALLOT QUESTION NO. - .... AUTHORIZATION TO
INCREASE CITY OF ASPEN SALES TAXES BY .105% FOR FIVE YEARS TO
FINANCE ONE-~ OF THE PURCHASE OF BASS PARK FOR USE OF
ONE-HALF OF THE PROPERTY AS A PUBLIC PARK AND THE
REMAINING HALF FOR AN AFFORDABLE HOUSING PROJECT.
SHALL CITY OF ASPEN TAXES BE INCREASED UP TO $480,390.00
ANNUALLY BY THE IMPOSITION OF AN ADDITIONAL .105% SALES TAX
COMMENCING ON JANUARY 1, 2000, AND TERMINATING ON
DECEMBER 31, 2004, TO REIMBURSE ONE HALF OF THE CITY'S COST OF
$3,400,000.00 WHICH IT PAID FOR THE PARK IN 1999, FOR USE OF ONE-
HALF OF SAID PROPERTY AS A PUBLIC PARK AND THE REMAINING
HALF LOCATED ON THE WESTERN SIDE OF THE PROPERTY TO BE
DEVELOPED AS AN AFFORDABLE HOUSING PROJECT; AND SHALL THE
CITY OF ASPEN BE ENTITLED TO COLLECT AND SPEND THE FULL
REVENUES FROM SUCH TAX INCREASE REGARDLESS OF WHETHER
THE ANNUAL REVENUES FROM SUCH TAX INCREASE IN ANY YEAR
AFTER THE FIRST FULL YEAR IN WHICH IT IS IN EFFECT EXCEED THE
ESTIMATED DOLLAR AMOUNT STATED ABOVE AND WITHOUT ANY
OTHER LIMITATION OR CONDITION, AND WITHOUT LIMITATING THE
COLLECTION OR SPENDING OF ANY REVENUES OR FUNDS BY THE
CITY OF ASPEN, UNDER ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION OR ANY OTHER LAW?
Section 3.
The following question, authorizing the City of Aspen to retain an estimated
$158,275.00 in excess property taxes, shall be placed on the ballot at the CitY's special
election to be held on November 2, 1999:
CITY OF ASPEN BALLOT QUESTION NO. - .... AUTHORIZATION TO
SPEND $158,275.00 IN EXCESS PROPERTY TAXES
SHALL THE CITY OF ASPEN BE AUTHORIZED TO SPEND, WITHOUT
INCREASING TAXES, AN ESTIMATED $158,275.00 IN EXCESS 1998
PROPERTY TAX REVENUES, FOR PEDESTRIAN IMPROVEMENTS
THROUGHOUT THE CITY OF ASPEN, INCLUDING, BUT NOT LIMITED
7
TO, NEW SIDEWALKS AND TRAILS LINKING RESIDENTIAL AREAS TO
DOWNTOWN, FILLING IN MISSING SIDEWALK LINKS AND ADDING
PEDESTRIAN AMENITIES SUCH AS BENCHES AND LIGHTING AS MAY
RECOMMENDED BY AFFECTED NEIGHBORHOODS, AND WITHOUT
NECESSARILY REDUCING CURRENTLY BUDGETED EXPENDITURES
FOR SUCH IMPROVEMENTS?
Section 4.
The following question, seeking authorization to sell Bass Park to the free market,
shall be placed on the ballot at the City, s special election to be held on November 2, 1999:
CITY OF ASPEN BALLOT QUESTION NO. - .... AUTHORIZATION TO SELL
BASS PARK.
Shall the City be authorized to sell Bass Park on the free market provided that prior
to any such sale the property is deed restricted to development authorized within the
Affordable Housing Zone District (70% housing meeting the City's Affordable
Housing Guidelines and 30% free market development)?
Section 5.
The following question, seeking authorization to develop the entire Bass Park as an
affordable housing project, shall be placed on the ballot at the City's special election to be
held on November 2, 1999:
CITY OF ASPEN BALLOT QUESTION NO. - .... AUTHORIZATION TO
DEVELOP THE ENTIRE BASS PARK AS AN AFFORDABLE HOSUING
PROJECT.
Shall the City be authorized to develop the entire site of Bass Park as an affordable
housing project to be subsidized by the Housing Day Care Fund?
Section 6.
The following question, authorizing the City of Aspen to sell approximately 37 acres
of the Buflingame Ranch on the free market, shall be placed on the ballot at the City's
special election to be held on November 2, 1999:
CITY OF ASPEN BALLOT QUESTION NO. - .... AUTHORIZATION TO SELL
37 ACRE PARCEL OF BURLINGAME RANCH
Shall the City of Aspen be authorized to sell on the free market a 37 acre lot located
adjacent to the West Buttermilk Subdivision to reimburse the City's Affordable
Housing/Day Care Fund which was used to purchase the 219 acre Burlingame
Ranch for affordable housing, provided that prior to any sale, the lot is deed
restricted to limit the potential development of the site to ensure compatibility of any
future development to the surrounding neighborhood; said restrictions to include (a)
a single family residence with and attendant occupied employee accessory dwelling
unit, (b) an identified building envelop of approximately 30,000 square feet with the
remaining 36 acre portion of the parcel encumbered by a conservation easement. (c)
a limitation on the size of the allowable residence by limiting the floor area ratio
(FAR) up to 5,000 sq. ft. or up to 7,000 sq. ft. with the purchase and designation of
Pitkin County Transferable Development Rights (TDR's); (d) a height limitation on
any buildings of feet, and (e) landscaping limitations to include xeriscaping
and fire safety protection zones?
Section 7.
The following question, amending the City Charter of the City of Aspen to require
the sale or conversion of open space to be conditioned upon approval by the electorate and
the replacement of the open space with property that ~s equivalent in monetary,
environmental and aesthetic values, shall be placed on the ballot at the City's special
election to be held on November 2, 1999:
CITY OF ASPEN BALLOT QUESTION No. - .... AMENDMENT TO ARTICLE
13.4 OF THE CITY OF ASPEN HOME RULE CHARTER REQUIRING ANY
OPEN SPACE THAT IS SOLD OR CONVERTED TO OTHER USES TO BE
REPLACED WITH PROPERTY OF EQUIVALENT VALUE.
Shall section 13.4 of the City of Aspen Home Rule Charter be amended by the
addition of the following language to said section?
No real property acquired for open space purposes shall be sold. exchanged,
disposed of, or converted to other uses other than for recreational,
agricultural or underground easement purposes, unless such open space is
replaced within six months with other open space property of equivalent or
greater value as of the date of sale or conversion as determined by the city
council by resolution following a public hearing taking into consideration
monetary, environmental, and aesthetic values.
9
Section 8.
The following question, authorizing the City of Aspen to ~ssue special assessment
local improvement bonds in an aggregate principal amount of not to exceed $885,011.00 for
payment of all or such portion of the cost of the improvements to be constructed and
assessed against property specially benefited within the Smuggler Area Undergrounding
District, and authorizing the receipt and expenditure of bond proceeds, shall be placed on the
ballot at the City's special election to be held on November 2, 1999:
CITY OF ASPEN BALLOT QUESTION NO. - .... AUTHORIZATION TO
INCREASE CITY OF ASPEN DEBT AND FOR THE ISSUANCE OF SPECIAl,
ASSESSMENT LOCAL IMPROVEMENT BONDS FOR THE SMUGGLER
AREA UNDERGROUNDING DISTRICT
SHALL CITY OF ASPEN DEBT BE INCREASED UP TO
$ ~ .~.'5...q-~;~o~. WITH A REPAYMENT COST OF UP TO
$ ~. ~-~ .~,~ , TO BE PAID BY THE AFFECTED PROPERTY
OWNEi~S O~ THE DISTRICT, BY THE ISSUANCE OF SPECIAL
ASSESSMENT LOCAL IMPROVEMENT BONDS, TO FINANCE THE
BURYING OF UTILITIES IN THE AREA COMMONLY KNOWN AS
SMUGGLER AREA UNDERGROUNDING DISTRICT; SUCH BONDS TO
HAVE SUCH OTHER TERMS. CONDITIONS, COVENANTS AND DETAILS
AS THE CITY COUNCIL MAY DETERMINE, INCLUDING THE OPTION
FOR REDEMPTION OF THE BONDS PRIOR TO MATURITY WITH OR
WITHOUT THE PAYMENT OF A PREMIUM; AND, IN CONNECTION
THEREWITH, SHALL THE CITY BE AUTHORIZED TO MAKE
ASSESSMENTS AGAINST PROPERTIES BENEFITED. AND ANY
EARNINGS (REGARDLESS OF AMOUNT) FROM THE INVESTMENT OF
THE PROCEEDS OF SUCH BONDS CONSTITUTE A VOTER-APPROVED
REVENUE CHANGE?
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen
°nthec~ day°f ~999'
[ Rachel E. Richards,~,layor '
10
I, Kathryn S. Koch, 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.
Kate. Koch, City Clerl~
JP~-08fil~8/99-\\~con~g~ ons~aspat~omcy\j ohn \word~'esos\ballot99 - 11 -b.doc
11