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HomeMy WebLinkAboutresolution.council.017-88 RESOLUTION NO. /1 (Series of 1988) A RESOLUTION SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ASPEN, AT A SPECIAL MUNICIPAL ELECTION TO BE HELD AUGUST 9, 1988, QUESTIONS CONCERNING IMPOSITION OF AN ADDITIONAL ONE-QUARTER PERCENT (.25%) SALES TAX FOR PARKING FACILITIES, ISSUANCE OF BONDS TO FUND PARKING FACILITIES, USE OF MAROLT, KOCH AND RED ROOF INNS PROPERTY FOR EMPLOYEE HOUSING/MAA PURPOSES, EXCHANGE OF A PORTION OF THE RIO GRANDE PROPERTY WITH DRACO, INC. D/B/A CAP'S AUTO SUPPLY, LEASE OF ZOLINE PARCEL FOR GOLF COURSE PURPOSES WHEREAS, pursuant to Section 5.7 of the City Charter the City Council desires to submit to the registered voters of the City questions concerning imposition of an additional one-quarter percent (.25%) sales tax for parking facilities, issuance of bonds to fund parking facilities, use of Marolt, Koch and Red Roof Inns property for employee housing purposes, exchange of a portion of the Rio Grande Property with Draco, Inc. d/b/a Cap's Auto Supply, lease of Zoline parcel for golf course purposes NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That at the special election to be held in the City of Aspen, Colorado, on Tuesday, August 9, 1988, there shall be submitted to a vote of the registered electors of the City the following questions: '- QUESTION NO.1 ISSUANCE OF BONDS AND ADOPTION OF QUARTER PENNY SALES TAX TO FUND CONSTRUCTION OF PARKING FACILITY. "Should the City of Aspen, Colorado, issue its interest- bearing bonds, in one or more series, in an aggregate principal amount not to exceed $6.5 million, payable solely from the revenues derived from the increase in sales tax referenced below, for the purposes of (i) acquiring any necessary interest in land at the Rio Grande site, and constructing a parking structure at such location, together with all necessary incidental appurtenant facilities, structures, furnishings and equipment, (ii) funding a reserve for paYment of said bonds and/or paYment of operat- ing costs of said bonds; and said bonds to bear interest at a net effective interest rate not to exceed 10% to mature not later than twenty (20) years after their issuance and to be issued and sold in such manner upon such terms and conditions and with such covenant agreement and redemption features as the City Council may deem; and in connection therewith impose an additional one-quarter percent (.25%) sales tax pursuant to Ordinance No. 24, (Series of 1988), the revenues from which will be used to pay principal of and interest on said bonds and for purposes of constructing said parking facility on the Rio Grande property including space for transportation-related services, paving a new street to connect Mill and Spring Streets, paving for the surface parking which remains outside of the parking facility on the site, landscaping the roof and other capital improvements surrounding the site, all necessary incidental appurtenant facilities, structures, furnishings and equipment, land acquisition, general operation purposes and such other purposes set forth in said Ordinance No. 24?" QUESTION NO.2 EXCHANGE OF A PORTION OF THE RIO GRANDE PROPERTY FOR A PORTION OF PROPERTY CURRENTLY OWNED BY DRACO, INC. D/B/A CAP'S AUTO SUPPLY. "Pursuant to Section 13.4 of the City Charter shall the City Council be authorized to sell, exchange or otherwise dispose of a portion of the City-owned Rio Grande parcel (generally bounded on the west by Mill Street and the east by Spring Street) not more than 2,400 square feet fora portion of property currently owned by Draco, Inc. d/b/a Cap's Auto Supply, in order to create more regular shaped 2 properties for both the City and Cap's Auto Supply, and accommodate present and future functional efficiencies of both properties?" QUESTION NO.3 USE OF THE SOUTHEAST PORTION OF THE MAROLT PROPERTY FOR EMPLOYEE/MAA HOUSING PURPOSES. "Pursuant to section 13.4 of the City Charter shall the City Council be authorized to use the southeast portion of that City-owned property commonly known as 'the Marolt parcel' for employee/MAA housing purposes within the following para- meters: A project of not more than one hundred twenty-five thousand (125,000) square feet in size comprising not more than two hundred (200) rooms and accessory facilities? Said parcel is generally bounded on the south for approximately one hundred fifty (150) feet by Castle Creek Road, thence northerly approximately one thousand three hundred (1,300) feet, forming a rectangle approximately two hundred ninety (290) feet wide, located on the plateau above and alongside of and to the west of Castle Creek, in the City of Aspen. Said parcel is specifically described in that deed recorded in Book 449 at Page 558, Pitkin County records." QUESTION NO.4 USE OF THE RED ROOF INNS PROPERTY FOR EMPLOYEE/MAA HOUSING PURPOSES. "Shall the real property and improvements thereon, commonly known as the 'Red Roof Inn', located at 22475 State Highway 82, in the City of Aspen in addition to currently approved uses, also be used for emp1oyee/MAA housing purposes? Conceptually, such employee housing may be available as needed to satisfy future housing requirements of the City of Aspen and Pitkin County, including housing for the Music Associates of Aspen. Said property is also described as Lot 2, The Aspen Golf Course SUbdivision, as shown on the plat thereof recorded in Plat Book 17, at Page 34, Pitkin County records. The use will be on such terms and conditions as determined by ordinance of the City Council." 3 QUESTION NO.5 EXPANSION OF THE IMPROVEMENTS FOR EMPLOYEE/MAA HOUSING ON RED ROOF INN PROPERTY. "Shall the City Council be authorized to permit an expansion in a northerly or easterly direction of the improvements currently on that property commonly known as the 'Red Roof Inn' located at 22475 state Highway 82, in the City of Aspen for emp1oyee/MAA housing purposes, within the following parameters: A project of not more than seventy-five thousand (75,000) square feet in size comprising not more than an additional one hundred (100) rooms and accessory facilities? Said parcel is also described as Lot 2, The Aspen Golf Course SUbdivision, as shown on the plat thereof recorded in Plat Book 17 at Page 34, Pitkin County records." QUESTION NO.6 USE OF THE SOUTHERLY PORTION OF THE KOCH LUMBER PARK PROPERTY FOR EMPLOYEE/MAA HOUSING PURPOSES. "Pursuant to Section 13.4 of the City Charter shall the City Council be authorized to use the southerly portion of that City-owned park property commonly known as the 'Koch Lumber Park property' for employee/MAA housing purposes within the following parameters: A project of not more than seventy- five thousand square feet in size comprising one hundred (100) units and accessory facilities? Said parcel is generally bounded by Garmish Street and Cooper Avenue in the City of Aspen and is the rear portion of that property depicted as the Koch Lumber Subdivision on the plat recorded in Plat Book 17 at Page 76, Pitkin County records." QUESTION NO.7 LEASE OF ZOLINE OPEN SPACE PARCEL FOR GOLF PURPOSES IN CONJUNCTION WITH PROPOSED SALE OF RED ROOF INNS PROPERTY "Pursuant to Section 13.4 of the City Charter shall the City Council be authorized in conjunction with the proposed sale of the Red Roof Inns property to lease long term all or a portion of the real property recently acquired for open space purposes by the City from the Zoline Foundation located on State Highway 82 West of Aspen across from the Tiehack Road for use as a golf course? The rent proceeds shall be restricted to the sixth penny open space fund and the retirement of debt in connection with open space 4 purchases. The terms of the lease shall retain all season uses for trails and will require that said golf course shall be available for use to the general public. Such lease will be approved by ordinance of the city Council. Said parcel is specifically described in the deed recorded in Book 543 Page 408, Pitkin County records." Section 2 There shall be one municipal election precinct for the aforesaid election. The polling place shall be at the Upper Elementary School, 110 East Hallam, Aspen, Colorado. Section 3 The aforesaid special election shall be conducted by the judges and clerks who shall be designated by the City Clerk with the approval of the City Council of the City of Aspen. The provision for the registration of electors and for voting by absentee ballot on the question shall be in accordance with the Colorado Municipal Election Law. The votes at said election shall be registered on electronic voting machines at the polling place. The ballot label shall read as follows: QUESTION NO.1 ISSUANCE OF BONDS AND ADOPTION OF QUARTER PENNY SALES TAX TO FUND CONSTRUCTION OF PARKING FACILITY. "Should the City of Aspen, Colorado, issue its interest- bearing bonds, in one or more series, in an aggregate principal amount not to exceed $6.5 million, payable solely from the revenues derived from the increase in sales tax referenced below, for the purposes of (i) acquiring any necessary interest in land at the Rio Grande site, and constructing a parking structure at such location, together with all necessary incidental appurtenant facilities, 5 structures, furnishings and equipment, (ii) funding a reserve for payment of said bonds and/or payment of operat- ing costs of said bonds; and said bonds to bear interest at a net effective interest rate not to exceed 10% to mature not later than twenty (20) years after their issuance and to be issued and sold in such manner upon such terms and conditions and with such covenant agreement and redemption features as the City council may deem; and in connection therewith impose an additional one-quarter percent (.25%) sales tax pursuant to Ordinance No. 24, (Series of 1988), the revenues from which will be used to pay principal of and interest on said bonds and for purposes of constructing said parking facility on the Rio Grande property including space for transportation-related services, paving a new street to connect Mill and Spring Streets, paving for the surface parking which remains outside of the parking facility on the site, landscaping the roof and other capital improvements surrounding the site, all necessary incidental appurtenant facilities, structures, furnishings and equipment, land acquisition, general operation purposes and such other purposes set forth in said Ordinance No. 24?" QUESTION NO.2 EXCHANGE OF A PORTION OF THE RIO GRANDE PROPERTY FOR A PORTION OF PROPERTY CURRENTLY OWNED BY DRACO, INC. D/B/A CAP'S AUTO SUPPLY. "Pursuant to Section 13.4 of the City Charter shall the City Council be authorized to sell, exchange or otherwise dispose of a portion of the City-owned Rio Grande parcel (generally bounded on the west by Mill Street and the east by Spring street) not more than 2,400 square feet for a portion of property currently owned by Draco, Inc. d/b/a Cap's Auto Supply, in order to create more regular shaped properties for both the City and Cap's Auto Supply, and accommodate present and future functional efficiencies of both properties?" QUESTION NO.3 USE OF THE SOUTHEAST PORTION OF THE MAROLT PROPERTY FOR EMPLOYEE/MAA HOUSING PURPOSES. "Pursuant to Section 13.4 of the City Charter shall the City Council be authorized to use the southeast portion of that City-owned property commonly known as 'the Marolt parcel' for employee/MAA housing purposes within the following para- 6 meters: A project of not more than one hundred twenty-five thousand (125,000) square feet in size comprising not more than two hundred (200) rooms and accessory facilities? Said parcel is generally bounded on the south for approximately one hundred fifty (150) feet by Castle Creek Road, thence northerly approximately one thousand three hundred (1,300) feet, forming a rectangle approximately two hundred ninety (290) feet wide, located on the plateau above and alongside of and to the west of Castle Creek, in the City of Aspen. Said parcel is specifically described in that deed recorded in Book 449 at Page 558, Pitkin County records." QUESTION NO.4 USE OF THE RED ROOF INNS PROPERTY FOR EMPLOYEE/MAA HOUSING PURPOSES. "Shall the real property and improvements thereon, commonly known as the 'Red Roof Inn', located at 22475 State Highway 82, in the City of Aspen in addition to currently approved uses, also be used for employee/MAA housing purposes? Conceptually, such employee housing may be available as needed to satisfy future housing requirements of the City of Aspen and Pitkin County, including housing for the Music Associates of Aspen. Said property is also described as Lot 2, The Aspen Golf Course Subdivision, as shown on the plat thereof recorded in Plat Book 17, at Page 34, Pitkin County records. The use will be on such terms and conditions as determined by ordinance of the City Council." QUESTION NO.5 EXPANSION OF THE IMPROVEMENTS FOR EMPLOYEE/MAA HOUSING ON RED ROOF INN PROPERTY. "Shall the City Council be authorized to permit an expansion in a northerly or easterly direction of the improvements currently on that property commonly known as the 'Red Roof Inn' located at 22475 State Highway 82, in the city of Aspen for employee/MAA housing purposes, within the following parameters: A project of not more than seventy-five thousand (75,000) square feet in size comprising not more than an additional one hundred (100) rooms and accessory facilities? Said parcel is also described as Lot 2, The Aspen Golf Course Subdivision, as shown on the plat thereof recorded in Plat Book 17 at Page 34, Pitkin County records." 7 --- QUESTION NO.6 USE OF THE SOUTHERLY PORTION OF THE KOCH LUMBER PARK PROPERTY FOR EMPLOYEE/MAA HOUSING PURPOSES. "Pursuant to section 13.4 of the City Charter shall the City Council be authorized to use the southerly portion of that City-owned park property commonly known as the 'Koch Lumber Park property' for employee/MAA housing purposes within the following parameters: A project of not more than seventy- five thousand square feet in size comprising one hundred (100) units and accessory facilities? Said parcel is generally bounded by Garmish Street and Cooper Avenue in the City of Aspen and is the rear portion of that property depicted as the Koch Lumber Subdivision on the plat recorded in Plat Book 17 at Page 76, Pitkin County records." QUESTION NO.7 LEASE OF ZOLINE OPEN SPACE PARCEL FOR GOLF PURPOSES IN CONJUNCTION WITH PROPOSED SALE OF RED ROOF INNS PROPERTY "Pursuant to section 13.4 of the City Charter shall the City Council be authorized in conjunction with the proposed sale of the Red Roof Inns property to lease long term all or a portion of the real property recently acquired for open space purposes by the City from the Zoline Foundation located on State Highway 82 West of Aspen across from the Tiehack Road for use as a golf course? The rent proceeds shall be restricted to the sixth penny open space fund and the retirement of debt in connection with open space purchases. The terms of the lease shall retain all season uses for trails and will require that said golf course shall be available for use to the general public. Such lease will be approved by ordinance of the City Council. Said parcel is specifically described in the deed recorded in Book 543 Page 408, Pitkin County records." On each voting machine there shall be spaces which will permit the elector to indicate his or her vote "FOR THE QUESTION" or "AGAINST THE QUESTION". 8 section 4 Notice of the election on the proposed question shall be published in the Aspen Times, a newspaper published and of general circulation in said City, and the edition of said newspaper dated , 1988, and a copy of such Notice shall be posted in the office of the City Clerk at least ten (10) days before the election. The City Clerk is hereby charged with the duty of giving Notice of the election, the questions to be submitted, as hereinabove provided, which notice shall be in sUbstantially the following form: "PUBLIC NOTICE OF THE SUBMISSION OF A PROPOSED QUES- TIONS TO THE VOTERS OF THE CITY OF ASPEN, COLORADO, AT THE SPECIAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, AUGUST 9, 1988 PUBLIC NOTICE IS HEREBY GIVEN THAT, at the special election to be held in the City of Aspen on Tuesday, August 9, 1988, between the hours of 7 a.m. and 7 p.m., there will be submitted a proposed questions to the registered electors of the City as follows: QUESTION NO.1 ISSUANCE OF BONDS AND ADOPTION OF QUARTER PENNY SALES TAX TO FUND CONSTRUCTION OF PARKING FACILITY. "Should the City of Aspen, Colorado, issue its interest- bearing bonds, in one or more series, in an aggregate principal amount not to exceed $6.5 million, payable solely from the revenues derived from the increase in sales tax referenced below, for the purposes of (i) acquiring any necessary interest in land at the Rio Grande site, and constructing a parking structure at such location, together with all necessary incidental appurtenant facilities, structures, furnishings and equipment, (ii) funding a reserve for payment of said bonds and/or payment of operat- ing costs of said bonds; and said bonds to bear interest at a net effective interest rate not to exceed 10% to mature 9 not later than twenty (20) years after their issuance and to be issued and sold in such manner upon such terms and conditions and with such covenant agreement and redemption features as the City Council may deem; and in connection therewith impose an additional one-quarter percent (.25%) sales tax pursuant to Ordinance No. 24, (Series of 1988), the revenues from which will be used to pay principal of and interest on said bonds and for purposes of constructing said parking facility on the Rio Grande property including space for transportation-related services, paving a new street to connect Mill and Spring Streets, paving for the surface parking which remains outside of the parking facility on the site, landscaping the roof and other capital improvements surrounding the site, all necessary incidental appurtenant facilities, structures, furnishings and equipment, land acquisition, general operation purposes and such other purposes set forth in said Ordinance No. 24?" QUESTION NO.2 EXCHANGE OF A PORTION OF THE RIO GRANDE PROPERTY FOR A PORTION OF PROPERTY CURRENTLY OWNED BY DRACO, INC. D/B/A CAP'S AUTO SUPPLY. "Pursuant to Section 13.4 of the City Charter shall the City Council be authorized to sell, exchange or otherwise dispose of a portion of the City-owned Rio Grande parcel (generally bounded on the west by Mill Street and the east by Spring Street) not more than 2,400 square feet for a portion of property currently owned by Draco, Inc. d/b/a Cap's Auto Supply, in order to create more regular shaped properties for both the City and Cap's Auto Supply, and accommodate present and future functional efficiencies of both properties?" QUESTION NO.3 USE OF THE SOUTHEAST PORTION OF THE MAROLT PROPERTY FOR EMPLOYEE/MAA HOUSING PURPOSES. "Pursuant to Section 13.4 of the City Charter shall the City Council be authorized to use the southeast portion of that City-owned property commonly known as 'the Marolt parcel' for employee/MAA housing purposes within the following para- meters: A project of not more than one hundred twenty-five thousand (125,000) square feet in size comprising not more than two hundred (200) rooms and accessory facilities? Said parcel is generally bounded on the south for approximately 10 one hundred fifty (150) feet by Castle Creek Road, thence northerly approximately one thousand three hundred (1,300) feet, forming a rectangle approximately two hundred ninety (290) feet wide, located on the plateau above and alongside of and to the west of Castle Creek, in the City of Aspen. Said parcel is specifically described in that deed recorded in Book 449 at Page 558, pitkin County records." QUESTION NO.4 USE OF THE RED ROOF INNS PROPERTY FOR EMPLOYEE/MAA HOUSING PURPOSES. "Shall the real property and improvements thereon, commonly known as the 'Red Roof Inn', located at 22475 State Highway 82, in the City of Aspen in addition to currently approved uses, also be used for employee/MAA housing purposes? conceptually, such employee housing may be available as needed to satiSfy future housing requirements of the City of Aspen and pitkin county, including housing for the Music Associates of Aspen. Said property is also described as Lot 2, The Aspen Golf Course Subdivision, as shown on the plat thereof recorded in Plat Book 17, at Page 34, pitkin County records. The use will be on such terms and conditions as determined by ordinance of the City Council." QUESTION NO.5 EXPANSION OF THE IMPROVEMENTS FOR EMPLOYEE/MAA HOUSING ON RED ROOF INN PROPERTY. "Shall the City Council be authorized to permit an expansion in a northerly or easterly direction of the improvements currently on that property commonly known as the 'Red Roof Inn' located at 22475 State Highway 82, in the city of Aspen for employee/MAA housing purposes, within the following parameters: A project of not more than seventy-five thousand (75,000) square feet in size comprising not more than an additional one hundred (100) rooms and accessory facilities? Said parcel is also described as Lot 2, The Aspen Golf Course Subdivision, as shown on the plat thereof recorded in Plat Book 17 at Page 34, pitkin County records." 11 QUESTION NO.6 USE OF THE SOUTHERLY PORTION OF THE KOCH LUMBER PARK PROPERTY FOR EMPLOYEE/MAA HOUSING PURPOSES. "Pursuant to section 13.4 of the City Charter shall the City Council be authorized to use the southerly portion of that City-owned park property commonly known as the 'Koch Lumber Park property' for employeejMAA housing purposes within the following parameters: A project of not more than seventy- five thousand square feet in size comprising one hundred (100) units and accessory facilities? Said parcel is generally bounded by Garmish Street and Cooper Avenue in the City of Aspen and is the rear portion of that property depicted as the Koch Lumber Subdivision on the plat recorded in Plat Book 17 at Page 76, pitkin County records." QUESTION NO.7 LEASE OF ZOLINE OPEN SPACE PARCEL FOR GOLF PURPOSES IN CONJUNCTION WITH PROPOSED SALE OF RED ROOF INNS PROPERTY "Pursuant to section 13.4 of the City Charter shall the city Council be authorized in conjunction with the proposed sale of the Red Roof Inns property to lease long term all or a portion of the real property recently acquired for open space purposes by the city from the Zoline Foundation located on State Highway 82 West of Aspen across from the Tiehack Road for use as a golf course? The rent proceeds shall be restricted to the sixth penny open space fund and the retirement of debt in connection with open space purchases. The terms of the lease shall retain all season uses for trails and will require that said golf course shall be available for use to the general public. Such lease will be approved by ordinance of the city Council. Said parcel is specifically described in the deed recorded in Book 543 Page 408, Pitkin county records." POLLING PLACE Upper Elementary School, 110 East Hallam, Aspen, Colorado. Those electors who are otherwise fully qualified to vote on said questions at such election, but who are or will be unable to appear at the polling place on the date of the election, may apply in writing at the office of the City Clerk, at the Aspen 12 City Hall, for an absentee ballot, or at any time during business hours, on or before (J../~r J s-; /q~ . The votes cast shall be recorded on voting machines and said election shall be held, conducted and the returns thereof shall be returned, canvassed and declared, as nearly as may be in the manner prescribed by law for the special election of municipal officers. IN WITNESS WHEREOF, the City counci~has caused this notice to be given as of this 5~ day of _ ~ ' 19Be. C ~~~~ Kathryn . Koch, City Clerk Dated: ~~ ~ , 19Be. , 19~. ,~ //~-/ , ~~~'~A "f william L. st' rling, I, Kathryn S. Koch, duly appointed and acting City Clerk do in: Mimes on: t:#8 ) ~/I Published Published 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 [)-7 ~)~~. Kathryn Koch, City Clerk /j , 1987. 13