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HomeMy WebLinkAboutresolution.council.023-86 RESOLUTION NO. 23 ,SERIES OF 1986 A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF ASPEN, COLORADO, TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN THE CITY, TO BE DESIGNATED AS ASPEN LODGE AREA SPECIAL IMPROVEMENT DISTRICT NO. 1987-1, ADOPTING DETAILS AND SPECIFICATIONS FOR THE PROPOSED DISTRICT, AND ORDERING PUBLICATION AND MAILING OF THE NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS IN THE DISTRICT. WHEREAS, the City Council of Aspen, Colorado, has determined that it is necessary to create a special improvement district wi thin the Ci ty, for the purpose of constructing or installing street paving, storm drainage, curb, gutter, landscaping, street lighting, sidewalk and traffic signalization improvements, together with certain pedestrian amenities, including the reconstruction, replacement, renewal or extension of the same, and the acquisition of property and rights-of-way, if necessary, and to assess part of the cost of the improvements against the properties specially benefited by the improvements and included within the district; and WHEREAS, pursuant to the Charter of the City and Ordinance No. 43, Series of 1985, (the procedural ordinance for special improvement districts) the City Council has determined to construct and install such improvements, subject, however, to protest by the landowners of more than fifty percent (50%) of all property benefited and constituting the basis of the assessment, as the City Council may determine; and WHEREAS, pursuant to an order of the City Council, the Engineer of the City for the proposed special improvement project lli:l:::; prepared and filed preliminary plans, specifications, estimates of cost, maps and schedules for the proposed improvements; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That the City Council has determined there exists a necessity for the construction and installation of the - 2 - improvements which are more particularly described in the notice of hearing, and to create a special improvement district for such purpose. 2. That the Engineer's reports, together with the pre I imina ry deta i Is, spec if icat ions, est imates of cos t, maps and schedules prepared and filed with the City Clerk be and the same are hereby approved and adopted by the City Council for use in the construction and installation of the improvements to be made in said improvement district. 3. That all assessments to be levied against the real property to be included within the district for said improvements, shall be due and payable within thirty (30) days after the publication of the assessing ordinance after its passage. Provided, however, that at the election of the owners, such assessments may be paid in not more than fifteen (15) equal annual installments. The installments shall be payable annually with interest on the unpaid assessment at a rate as determined by the City Council. The number of installments, periods of payment and rate of interest shall be determined and fixed by the City Council in the assessing ordinance. 4. That the property to be assessed for said improvements shall be the property specially benefited by said improvements and included wi thin the improvement district, and more particularly described in the Notice hereinafter set forth. 5. That following the hearing for the purpose of considering the desirability of and the need for the proposed improvements, and subject to the limitation with respect to written remonstrances, the City Manager of the City of Aspen shall enter an order approving those improvements which he considers proper and disapproving those proposed improvements which he considers improper. The Ci ty Manager shall then cause to be prepared and submi t ted to the Ci ty Council an ordinance authorizing the creation of the district and the construction of the improvements. It is anticipated that the ordinance will be considered on first reading by the City Council at the regular meeting to be held on Janaury 12, 1987. - 3 - 6. Notice of the proposed improvements and of a hearing by the City Manager (or his authorized representative) shall be given by publication in one (1) issue of the Aspen Times, a newspaper of general circulation in the City, the publication to be at least fifteen (15) days prior to the date of the hearing. The same notice of hearing shall be mailed by first class mail on or about the date of publication of the notice, to the owners of record of all real estate within the proposed district who are to be assessed for the cost of improvements. The notice shall be in substantially the following form: - 4 - NOT ICE OF THE INTENTION OF THE CITY OF ASPEN, COLORADO, TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN ASPEN, COLORADO, TO BE KNOVm AS ASPEN LODGE AREA SPECIAL IMPROVEMENT DISTRICT NO. 1987-1, FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING CERTAIN LOCAL PUBLIC IMPROVE- MENTS, TOGETHER WITH NECESSARY INCIDENTALS, AND A PUBLIC HEARING THEREON. All owners of real property hereinafter described, and all persons generally, are hereby notified that the City Council of Aspen, Colorado, pursuant to its order has adopted preliminary details, plans and specifications for construction and installation of the local public improvements described below, in and for a proposed special improvement district within the corporate limits of Aspen, Colorado, to be known as Aspen Lodge Area Special Improvement District No. 1987-1. Said persons are further notified as follows: (a) The kind of improvements which are proposed to be constructed or installed are as follows: street pav ing installation of asphal t overlay improvements including relocation or burying of utilities; storm drainage installation of drainage and catch basins; construction of diversion dams and channels, including a diversion dam in Spar Gulch (Ute Avenue project); diversion channel above Aspen Mountain Road in Vallejo Gulch (Mill Street project); diversion channel at the bottom of Lift IA in Pioneer Gulch (Monarch Street project); a holding pond at Koch Park; and enlargement of the pond at Glory Hole Park; woonerf street - (a park-like lane for pedestrians and vehicles), generally the main walkway/driving area will be textured concrete, parking areas will be asphalt, defined by concrete ballard lights; and street trees will be scattered along the street in spaces defined by ballard lights. It is anticipated that the following streets or parts thereof will become woonerfs: Hunter/Dean Mall U~dn :;,-cree-c from Monarch Street to Aspen Street Summit Street curb and gutter landscaping plantings; street trees (irrigated) and other - 5 - sidewalk - including concrete textured sidewalks; street lighting - including ballard street lighting; traffic signalization - street and parking signs; other pedestrian amenities trails, pocket plaza parks, pedestrian dumpster and trash collection areas, Hole Park and Koch Park; including benches, bike asphalt paths, consolidated and improvements to Glory Streets on which improvements will be constructed and installed within the boundary of the district include the following: Waters Avenue, Durant Avenue, Ute Avenue, West End Street, Dean Street, Original Street, Spring Street, Galena Street, Mill Street, Monarch Street, Aspen Street, Summit Street, Gilbert Street, Garmisch Street and Juniata Street. (b) The real property to be included wi thin the district and benefited by the proposed improvements, includes generally the area from Durant Avenue south to the north slope of Aspen Mountain, between the Roaring Fork River on the east and Shadow Mountain on the west. A map indicating the boundary of the district is as follows. - 6 - 85726A PROPOSED ASPEN LODGE SPECIAL IMPROVEMENT DISTRICT I to- l I , , . I ,.." r (.\.-.\11- IE.' ~_\y\ 9:. 2.1~ . . . I 0- I , . . I "'L . AS""" CIT. L_~_r~ __~__. T-----h .." SCALE ~ .@ --- "=200' -,;.- . -;.:..,.,' ~.... ....~.~. \-.. . '. -' -' ,..', , .._ ~.. . I., g;f. - .', ~:,..,' .~".... '. .J' _ .-_~ \~T'."'" :,:v -t.t-.l'- -"<\ .,.;'i, V' . r' ~ . It,... ..c::'.. ;.4f.{. .. LC ~ \ , , . \ ~~ ~ fdl ~ . C ~'l ., (attach map) / ,-- - 7 - follows: (c) The proposed method of assessment is as Improved Real Property: The method of assessment is based on the benefits accruing to each parcel of real property, taking into consideration the property use, the amount of building area and location (commercial space only) of such parcel. The assessment will be in the proportion that the adjusted net floor area applicable to such real property bears to the total adjusted net floor area of the entire district. The net floor area of each building or structure will be adjusted for property use and location (for commercial uses) as indicated below: Property Use Factor Residential/accommodation Commercial-not on the street level Commercial (either 1/2 floor above or below street level) Commercial-street level 1.000 1.250 1.875 2.500 Vacant or Unimproved Real Property: In determining the assessment of vacant or unimproved real property, such properties are converted to an equivalent net floor area based on the maximum zoned building area potential adjusted for a land to improvement value factor (20% for residential and 25% for commercial). This equivalent floor area is then treated the same as improved real property in determining the adjusted floor area and the assessment. For exampl e, a 6,000 square foot parce I, zoned residential and having a maximum development potential of a 3,600 square foot duplex would be assessed on the equivalent net floor area of 720 square feet (3,600 square feet x 20% land to improvement value factor = 720 square feet). Proposed Projects: For five proposed projects, the net floor areas used in calculating the assessments are based upon plans as approved or to be approved by the city. Existing uses and improvements on properties where these projects are proposed for development are disregarded. The five projects are: Aspen Mountain Subdivision, Carriage House, Lodge at Aspen, Little Nell Hotel, and Ski Museum & Ski Club. The estimated total cost of constructed and installed is $5,400,000, - 8 - the improvements to be including construction, engineering, fiscal, legal and administrative costs. Such estimate excludes the six percent (6%) additional for the cost of inspection, collection, other incidentals and interest on the bonds issued to the time of payment of the first installment of assessments, as provided by Ordinance No. 43, Series of 1985. It is anticipated that the cost of all street paving and storm drainage improvements will be paid by the City and not assessed against the owners of real property within the district. Property owners are specifically referred to the schedule of proposed assessments which will be on file in the Office of the City Engineer, from which the approximate amount to be assessed against any particular parcel may be determined. (d) All assessments shall be due and payable without demand within thirty (30) days after the publication of the assessing ordinance after its passage, provided that at the election of the owner, such assessments may be paid in not more than fifteen (15) equal annual installments; which installments with interest in all cases on the unpaid portion of such assessment, shall be payable annually with interest at a rate as determined by the City Council on the unpaid principal amount of assessment. The number of installments, periods of payment and rate of interest shall be determined and fixed by the City Council in the assessing ordinance. Upon completion of the improvements, or any part thereof and upon acceptance by the Ci ty Manager, or when the total cost thereof can be definitely ascertained either prior to or after commencement of construction, the City Manager shall cause to be prepared a statement showing the whole cost of the improvement and the portion to be paid by the City. Notice of such apportionment shall be given and a hearing will be held prior to the adoption of an ordinance assessing such cost, all as provided by law. (e) The City Manager (or his authorized representa- tive) shall conduct a hearing for the purpose of considering the des irabil i ty of and the need for the proposed improvements, on -!lA.AscLo..u , December 3Q., 1986, at 5:00 P.M. at the City Hall, in Aspen, tolorado. Written remonstrances must be filed prior to the date and hour of the hearing. All written remonstrances shall be subscribed and ac.krl<Jwlcu'::icu ill lhe Sd1fi~ manner as is required for peti tions for proposed improvements. If written remonstrances are timely filed by persons constituting the owners of the property to be assessed for more than fifty percent (50%) of the proposed improvements, the proposed improvements to such property shall not be ordered. (f) A map, estimate and schedule showing the approximate cost of the improvements as provided by the estimates of the City Engineer and the approximate amount to be assessed, - 9 - are on file and can be seen and examined by any interested person at the Office of the City Engineer at any time during business hours on or prior to the date of hearing. Dated the 24th day of November, 1986. (SEAL) /s/ Kathryn S. Koch City Clerk Publish in: Aspen Times Publish on: December~, 1986 - 10 - 7. Should anyone or more sections or provisions of this Resolution be judicially determined invalid or unenforceable, such determination shall not affect, impair or invalidate the remaining provisions hereof, the intention being that the various provisions hereof are severable. ADOPTED AND APPROVED This 24th day of November, 1986. ( SEA L ) ~./A M(1xQ r ATTESTED: ,/ ' / J;.ad r tJ-' J. -J D 1'-^-, Ci Cle rk - 11 - Council Member ~~ moved that the Resolution be adopted. Council Member ~~ seconded the motion. The question being upon the passage and adoption of the Resolution, the roll was called with the following result: Those voting YES: Mayor: Council Members: William L. Stirling Charles Collins P-a4:- FalliIY Tom Issac Charlotte Walls Those voting NO: A majority of the City Council Members present having voted in favor thereof, the presiding officer declared that the motion was carried and the Resolution duly passed and adopted. Thereupon, after consideration of other matters, the meeting was adjourned. ( SEA L ) ~~ ATTESTED: 60L'~~,)L->) .:J tJ,eJ,- c' y Clerk - 12 - STATE OF COLORADO ) ) ) ) ) COUNTY OF PITKIN CITY OF ASPEN I, Kathryn S. Koch, City Clerk, of the City of Aspen, Colorado, do hereby certify that the foregoing pages numbered I to 12, inclusive, constitute a true and correct copy of a portion of the record of proceedings of the Ci ty Counc i I of the Ci ty of Aspen, Colorado, taken at a regular meeting of the Council on Monday, November 24, 1986, insofar as said proceedings relate to Resolution No. :2.3, Series of 1986, concerning Aspen Lodge Area Special Improvement District No. 1987-1, a copy of which is set forth herein; and that the Resolution has been signed by the Mayor and by me as Ci ty Clerk, sealed with the corporate seal of the City, and recorded in the official records of the City. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the City, at Aspen, Colorado, thi s c:2/L?!. day of ,1'{t!L/U(/L/ 1986. (SEAL) L'UJiur) y/' fiLl, ity Clerk '- - 13 - STATE OF COLORADO ) ) ) ) ) CERTIFICATE OF MAILING COUNTY OF PITKIN CITY OF ASPEN I, Kathryn S. Koch, City Clerk, of the Ci ty of Aspen, Colorado, hereby certify that on the day of November, 1986, I caused to be mailed by prepaid postage a notice of the public hearing on the creation of Aspen Lodge Area Special Improvement District No. 1987-1, in Aspen, Colorado, to each known owner of real property within the proposed district to be assessed with the cost of the improvements, such mailed Notice being in the form set forth in the Resolution adopted by the City Council on August 1986. IN WITNESS WHEREOF, I have hereunto subscribed my name and aff ixed the sea 1 of the Ci ty, thi s day of 1986. (SEAL) City Clerk - 14 - (Attach Affidavit of Publication of Notice of Hearing) - 15 -