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HomeMy WebLinkAboutresolution.council.001-90 * . JI '- ". RESOLUTION NO. 1 (Series of 1990) , A RESOLUTION OF THE ASPEN CITY COUNCIL SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ASPEN, AT A SPECIAL MUNICIPAL ELECTION TO BE HELD FEBRUARY 13, 1990, QUESTIONS CONCERNING THE ISSUANCE OF A GENERAL OBLIGA'rION BOND FOR THE MAROLT HOUSING PROJECT; LHUTING SIXTH PENNY REVENUES TO OPEN SPACE PURPOSES; ADOPTION OF AN ADDITIONAL .45 % SALES TAX FOR AFFORDABLE HOUSING AND DAY CARE PURPOSES; THE ADOPTION OF ORDINANCE 70, SERIES OF 1989, PROHIBITING THE SALE OF FURS; THE APPROVAL OF THE ASPEN MOUNTAIN PUD SUBDIVISION IN ONE OF TWO FORMS; REPEALING THE GRETT AND ADOPTING A NEW ONE PERCENT RETT FOR AFFORDABLE HOUSING; AND SELECTING THE PREFERRED NEW HIGH- WAY 82 ALIGNMENT INTO THE CITY OF ASPEN. WHEREAS, pursuant to Section 5.7 of the City Charter, the Aspen City Council is authorized to submit any question or ordinance to a vote of the people, which power the City Council wishes to exercise with respect to several questions and proposed ordinances, all as hereinafter provided. 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, February 13, 1990, there sha~l be submi tted to a vote of the regi stered electors of the City the following questions: QUESTION NO. 1 IN ORDER TO INSURE AN INCREASING SUPPLY OF AFFORDABLE HOUSING, SHALL THE CITY OF ASPEN ISSUE A GENERAL OBLIGATION BOND NOT TO EXCEED SIX MILLION DOLLARS ($6,000,000.00) FOR THE PURPOSE OF CONSTRUCTING AND EQUIPPING A HOUSING FACILITY ON A PORTION OF THE MAROLT/THOMAS PROPERTY. ~." ~,. . - "Shall the City Council of the City of Aspen, Colorado, be authorized to issue general obligation bonds in an amount not to exceed Six Million Dollars ($6,000,000.00), the term not to exceed thirty (30) years and at interest rates not to exceed ten percent (10%) for the purpose of constructing and equipping a hou sing facility on a portion of the Marolt/Thomas Property, which housing facility may be leased to the Aspen/Pitkin County Housing Authority or such other non-profit corporation as City Council may determine appro- priate? The Housing Project shall not exceed one hundred twenty (120) housing units and related facilities, including, but not limited to, a cafeteria, parking, roadway, walkways and landscaping." QUESTION NO. 2 AMENDMENT TO THE SIXTH PENNY SALES TAX ORDINANCE LIMITING THE USE OF SIXTH PENNY SALES TAX REVENUES TO PARKS, TRAILS, AND OPEN SPACE USES. "Shall Section 7 of Ordinance No. 16 (Series of 1970), the sixth penny sales tax ordinance, be repealed and reenacted to read as follows: 'Section 7. Expenditures and Ear-marking of Revenues. All revenue from thi s retai 1 sales tax collectrl on and after July 1, 1990 shall be set aside in a separate fund entitled "Parks and Open Space Fund." The monies of said fund shall be expended by the City Council solely for the acquisition of parks, trails and open space real property, for the construction of improvements on any real property owned or purchased by the City for parks, trai Is and open space purposes, for maintenance of real property owned by the City and used for parks, trails and open space, and for the payment of indebtedness incurred for acquisition or improve- ment of parks, trails and open space, and for the payment of indebtedness incurred for acquisition or improvement of parks, trails and open space real property, food tax refunds payable by the City, and for such expenditures as may be necessary to protect real property or the improvements thereon owned by the City for parks, trails and open space purposes. Additionally, the revenue from thi s tax may be used for the payment of sales tax revenue bonds previously issued by the City of Aspen prior to January 1, 1990 which are secured by or payable out of the sales tax imposed by Ordinance No. 16, Series of 1970.'" , -'---- '- QUESTION NO. 3 AUTHORIZING THE ADOPTION OF ORDINANCE 81, SERIES OF 1989, IMPOSING AN ADDITIONAL POINT FORTY-FIVE PERCENT (.45%) SALES TAX WITHIN THE CITY OF ASPEN TO BE EARMARKED FOR AFFORDABLE HOUSING AND DAY CARE. 17/SD, -2- .- "Shall the City Council adopt Ordinance 8l, Series of 1989, which ordinance imposes an additional .45% sales tax upon the sale of personal property and the furnishing of services within the City of Aspen; provides for the earmarking of these revenues and use solely for the purpose of providing affordable housing and day care opportunities within Aspen and pitkin County, including, but not limited to, land acquisitions, capital improvements and payment of indebtedness therefore: and providing that this tax take effect July 1, 1990 and automatically terminate on June 30, 2000?" QUESTION NO. 4 AUTHORIZATION TO PROHIBIT THE SALE OF FURS. "Shall the City Council adopt Ordinance 70, Series of 1989, which prohibits the commercial sale of furs of wild animals within the City of Aspen? For existing inventory, this ordinance will take effect one year from the date of its adoption. This ordinance does not prohibit the wearing of furs, nor does it prohibit either the sale or the wearing of furs from domestic animals. . The City of Aspen has previously shown its concern for the cruelty and dangers of the leghold trap by the adoption of Ordinance 10 of 1986, which prohbits the use of the leghold trap, and Ordinance 56 of 1986, which prohibits the sale of furs from animals caught in leghold traps. It has become clear that even experts cannot know with any certainty the source of furs offered for retail sale, and ranched wild furbearing animals suffer not only cruelty in death but cruel and unregulated conditions during a lifetime of unnatural confinement. The purpose of this ordinance would be to lessen the suffering of furbearing wild animals by prohibiting the commerce in fur products." QUESTION NO. 5 SHALL THE ELECTORATE ADOPT ORDINANCE 69, SERIES OF 1989, IN ONE OF TWO FORMS, WHICH ORDINANCE APPROVES THE AMENDED ASPEN MOUNTAIN PUD SUBDIVISION. "Shall Ordinance 69, Series of 1989, be adopted approving the Amended Aspen Mountain Planned Uni t Development Subdivision in one of two forms? (Electors may choose either Option A or Option B, but not both.) '" Option A (Hadid/Ritz-Carlton Proposal) - Shall the Amended Aspen Mountain PUD/Subdivision be approved subject to the following: 1. Ordinance 69 is hereby adopted in the same form as Resolution 29, Series of 1988, by which the Aspen City 17/<:n, -3- . .,. '''' . Council previously approved the amendment Mountain Subdivision/PUD (including the Hotel) . of the Aspen Ritz-Carlton 2. In addition, Developer shall, in good faith, process a land use application for affordable housing suitable for the 8/10ths of an acre on Main Street known as the Bavarian Inn property. Option B (City Council Proposal) Shall the Amended Aspen Mountain PUD/Subdivision be approved subject to the following: 1. The conditions contained in the "First Amended and Restated Planned Unit Development/Subdivision Agreement Aspen Mountain Subdivision," the amended Final Plat of the Aspen Mountain SUbdivision, and conditions recommended by the Planning and Zoning Commission (to the extent not amended by the Agreement or Final Plat); AND The applicant provide off-site housing for 106 additional employees, less any employees no longer required by reason of any reduction in the number of hotel rooms (292) or other uses now proposed. The housing shall be consistent with the Affordable Housing Guidelines of the Housing Authority in place at the time of final approval of the housing; AND 3. The external floor area for the entire Planned Unit Development be reduced by 60,413 square feet; the hotel on Lot One not exceed 128,941 square feet (consistent with the underlying zoning); and the maximum height of the hotel on Lot One not exceed 44.8 feet (160% of the allowable height). 2. Option A (Hadid/Ritz-Carlton proposal) Option B (City council Proposal) " QUESTION NO. 6 AUTHORIZING THE REPEAL OF THE ORDINANCE ESTABLISHING THE GRADUATED REAL ESTATE TRANSFER TAX AND ENACTING AN ADDITIONAL ONE PERCENT REAL ESTATE TRANSFER TAX TO BE EARMARKED AND USED SOLELY FOR AFFORDABLE HOUSING TO BE EFFECTIVE APRIL 1, 1990 AND TERMINATE DECEMBER 31, 1994. "Shall the City Council be authorized to repeal Ordinance 14, Series of 1989, which Ordinance established the 17/SD3 -4- .. . . graduated real estate transfer tax, effective Apri~ 1, 1990; and, further, effective April 1, 1990, establish by Ordinance an additional one (1%) percent real estate transfer tax, proceeds of which shall be earmarked and used exclusively for acquiring buildings and land for employee housing, for maintenance of the same, for the operation of employee/community housing projects, for payment of debt related thereto, and the repayment to the land fund for open space acquisitions converted to employee housing purposes, which tax ordinance will expire on December 3l, 1994, and will exempt the first $lOO,OOO of every transfer and all deed- restricted employee housing units?" QUESTION NO.7 AUTHORIZATION TO THE GRANT NECESSARY RIGHTS FOUR LANING OF HIGHWAY CITY COUNCIL TO SELL, EXCHANGE, OR OF WAY ACROSS CITY OWNED LAND FOR THE 82 ALONG TWO POSSIBLE ALIGNMENTS. "Shall the City Council of the City of Aspen, Colorado, be authorized to sell, exchange or grant necessary rights-of-way across, City owned properties, including properties acquired for open space purposes, to facilitate construction of a four lane entrance into the City of Aspen as set forth in either Option A Direct Connection or Option B Existing Alignment described more fully in Question No. 8 below?" QUESTION NO.8 AUTHORIZATION TO THE CITY COUNCIL TO IMPLEMENT ONE OF TWO ALTERNATIVE ALIGNMENTS IN CONJUNCTION WITH THE FOUR LANING OF STATE HIGHWAY 82. "Shall the City Council of the City of Aspen be authorized to implement Option A - Direct Connection or Option B Existing Alignment as more fully described hereinbelow? Option A - Direct Connection Option A - Direct Connection proposes a new alignment for State Highway 82 which will divert from the existing right-of-way north of the Maroon Creek Bridge across various City owned parcels, including the Zoline parcel, Maroon Creek parcel, Plum Tree Playing Field and Golf Course parking lot, then travel along the existing highway to the Marolt-Thomas parcels, then traversing the Marolt-Thomas parcels and connecting directly to Main Street by construction of a new four-lane bridge over Castle Creek. The City Council shall be authorized to sell, exchange or grant necessary rights-of-way across the aforementioned City owned parcels subject to the following: 17/SD3 -5- The State of Colorado will compensate the City of Aspen for the portions of the Marolt-Thomas, Golf Course, Plum Tree, Zoline and Maroon Creek properties used for the new roadway which are currently held as open space. The State of Colorado will vacate the existing highway alignment from the intersection of Seventh Street and Main Street to the point where the new roadway leaves the existing alignment. The portion of State Highway 82 between Cemetery Lane and the point where the new roadway leaves the existing alignment shall be converted to open space. The present traffic signal at Cemetery Lane Highway 82 will be removed and a new signal at the new intersection of Seventh Street Street to control traffic volume entering accommodate side street traffic. and State installed and Main Aspen and The following exhibit shows the direct connection concept of a new four-lane entrance to Aspen. . (insert graphic showing acreage affected) Option B - Existing Alignment Option B Existinq Alignment proposes expanding the existing two-lane highway into a four-lane highway across City owned parcels acquired for open space purposes, including portions of the Golf Course, Maroon Creek parcel, Zoline parcel, Bugsy Barnard parcel and Marolt-Thomas parcels. The existing alignment will divert from the existing right-of-way north of the Maroon Creek Bridge across the Zoline parcel, Maroon Creek parcel, Plum Tree Playing Field and Golf Course parking lot, then travel along the existing highway to Main Street by the expansion of the existing State Highway 82 Bridge over Castle Creek. The City Council shall be authorized to sell, exchange or grant necessary rights-of-way across the aforementioned City owned parcels subject to the following: .,. I,. ... The State of Colorado will compensate the City of Aspen for the portions of the Marol t-:-Thomas, Golf Course, Plum Tree, Maroon Creek, Zoline and Bugsy Barnard properties used for the new roadway which are currently held as open space. The two existing 90 degree turns at Seventh and Hallam and Seventh and Main will be widened to accommodate 17/ern -6- . four lanes of traffic in a manner designed to minimize adverse impacts on the surrounding neighborhoods. Expansion east of Castle Creek Bridge will be done in a manner which minimizes private property acquisition. The following exhibit shows the existing alignment concept of a new four-lane entrance to Aspen. (insert graphic showing acreage affected) (Electors may select either Option A Direct Connection or Option B - Existing Alignment, but not both.) Option A, Direct Connection Option B, Existing Alignment II Section 2 . There shall be three (3) municipal election precincts for the aforesaid election. The polling places shall be: Precincts 1, 6 & Precincts 2 & 3 Precincts 4 & 5 7 - St. Mary's Catholic Church - Upper Elementary School - Christ Episcopal Church 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 provisions for the registration of electors and for voting by absentee ballot on the questions 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. ~ read as follows: The ballot label shall 17/"n, -7- . .,.. :~'" - QUESTION NO. 1 IN ORDER TO INSURE AN INCREASING SUPPLY OF AFFORDABLE HOUSING, SHALL THE CITY OF ASPEN ISSUE A GENERAL OBLIGATION BOND NOT TO EXCEED SIX MILLION DOLLARS ($6,000,000.00) FOR THE PURPOSE OF CONSTRUCTING AND EQUIPPING A HOUSING FACILITY ON A PORTION OF THE MAROLT/THOMAS PROPERTY. "Shall the City Council of the City of Aspen, Colorado, be authorized to issue general obligation bonds in an amount not to exceed six Million Dollars ($6,000,000.00), the term not to exceed thirty (30) years and at interest rates not to exceed ten percent (10%) for the purpose of constructing and equipping a housing facility on a portion of the Marolt/Thomas Property, which housing facility may be leased to the Aspen/Pitkin County Housing Authority or such other non-profit corporation as City Council may determine appro- priate? The Housing Project shall not exceed one hundred twenty (120) housing units and related facilities, including, but not limited to, a cafeteria, parking, roadway, walkways and landscaping." For the Question Against the Question QUESTION NO.2 AMENDMENT TO THE SIXTH PENNY SALES TAX ORDINANCE LIMITING THE USE OF SIXTH PENNY SALES TAX REVENUES TO PARKS, TRAILS, AND OPEN SPACE USES. "Shall Section 7 of Ordinance No. l6 (Series of 1970), the sixth penny sales tax ordinance, be repealed and reenacted to read as follows: 'Section 7. Expenditures and Ear-marking of Revenues. All revenue from thi s retai 1 sales tax collec1ed on and after July l, 1990 shall be set aside in a separate fund entitled "Parks and Open Space Fund." The monies of said fund shall be expended by the City Council solely for the acquisition of parks, trai ls and open space real property. for the construction of improvements on any real property owned or purchased by the City for parks, trails and open space purposes, for maintenance of real property owned by the City and used for parks, trails and open space, and for the payment of indebtedness incurred for acquisition or improve- ment of parks, trails and open space, and for the payment of indebtedness incurred for acquisition or improvement of parks, trails and open space real property, food tax refunds payable by the City, and for such expenditures as may be necessary to protect real property or the improvements thereon owned by the City for parks, trails and open space purposes. Additionally, the revenue from thi s tax may be 17/SD3 -8- ~." ~. (f - used for the payment of sales tax revenue bonds previously issued by the City of Aspen prior to January 1, 1990 which are secured by or payable out of the sales tax imposed by Ordinance No. 16, Series of 1970.'" For the Question Against the Question QUESTION NO. 3 AUTHORIZING THE ADOPTION OF ORDINANCE 81, SERIES OF 1989, IMPOSING AN ADDITIONAL POINT FORTY-FIVE PERCENT (.45%) SALES TAX WITHIN THE CITY OF ASPEN TO BE EARMARKED FOR AFFORDABLE HOUSING AND DAY CARE. "Shall the City Council adopt Ordinance 81, Series of 1989, which ordinance imposes an additional .45% sales tax upon the sale of personal property and the furnishing of services wi thin the City of Aspen; provides for the earmarking of these revenues and use solely for the purpose of providing affordable hou sing and day care opportunities wi thin Aspen and pitkin County, including, but not limited to, land acquisitions, capital improvements and payment of indebtedness therefore; and providing that this tax take effect July 1, 1990 and automatically terminate on June 30, 2000?" For the Question Against the Question QUESTION NO. 4 AUTHORIZATION TO PROHIBIT THE SALE OF FURS. "Shall the City Council adopt Ordinance 70, Series of 1989, which prohibits the commercial sale of furs of wild animals within the City of Aspen? For existing inventory, this ordinance will take effect one year from the date of its adoption. This ordinance does not prohibit the wearing of furs, nor does it prohibit either the sale or the wearing of furs from domestic animals. The City of Aspen has previously shown its concern for the cruelty and dangers of the leghold trap by the adoption of Ordinance 10 of 1986, which prohbits the use of the leghold trap, and Ordinance 56 of 1986, which prohibits the sale of furs from animals caught in leghold traps. It has become clear that even experts cannot know with any certainty the source of furs offered for retail sale, and ranched wild furbearing animals suffer not only cruelty in death but cruel and unregulated conditions during a lifetime of unnatural confinement. The purpose of this ordinance would l7/SD3 -9- '* . - be to lessen the suffering of furbearing wild animals by prohibiting the commerce in fur products." For the Question Against the Question QUESTION NO. 5 SHALL THE ELECTORATE ADOPT ORDINANCE 69, SERIES OF 1989, IN ONE OF TWO FORMS, WHICH ORDINANCE APPROVES THE AMENDED ASPEN MOUNTAIN PUD SUBDIVISION. "Shall Ordinance 69, Series of 1989, be adopted approving the Amended Aspen Mountain Planned Unit Development Subdivision in one of two forms? (Electors may choose either Option A or Option B, but not both.) Option A (Hadid/Ritz-Carlton Proposal) Shall the Aspen Mountain PUD/Subdivision be approved subject to the following' 1. Ordinance 69 is hereby adopted in the same form as Resolution 29, Series of 1988, by which the Aspen City Council previously approved the amendment of the Aspen Mountain Subdivision/PUD (including the Ritz-Carlton Hotel) . 2. In addition, Developer shall, in good faith, process a land use application for affordable housing suitable for the 8/l0ths of an acre on Main Street known as the Bavarian Inn property. option B (City Council Proposal) Shall the Amended Aspen Mountain PUD/Subdivision be approved subject to the following: 1. The conditions contained in the "First Amended and Restated Planned Unit Development/Subdivision Agreement Aspen Mountain subdivision," the amended Final Plat of the Aspen Mountain SUbdivision, and conditions recommended by the Planning and Zoning Commission (to the extent not amended by the Agreement or Final Plat); AND 2. The applicant provide off-site housing for 106 additional employees, less any employees no longer required by reason of any reduction in the number of hotel rooms (292) or other uses now proposed. The housing shall be consistent with the Affordable Housing Guidelines of the Housing Authority in place at the time of final approval of the housing; AND 1,1 T1~ -10- .. . . 3. The external floor area for the entire Planned Unit Development be reduced by 60,413 square feet; the hotel on Lot One not exceed 128,941 square feet (consistent with the underlying zoning); and the maximum height of the hotel on Lot One not exceed 44.8 feet (160% of the allowable height) . Option A (Hadid/Ritz-Carlton Proposal) Option B (City Council Proposal) " QUESTION NO. 6 AUTHORI ZING THE GRADUATED REAL ADDITIONAL ONE EARMARKED AND EFFECTIVE APRIL REPEAL OF THE ORDINANCE ESTABLISHING ESTATE TRANSFER TAX AND ENACTING PERCENT REAL ESTATE TRANSFER TAX TO USED SOLELY FOR AFFORDABLE HOUSING TO 1, 1990 AND TERMINATE DECEMBER 31, 1994. THE AN BE BE "Shall the City Council be authorized to repeal Ordinance 14, Series of 1989, which Ordinance established the graduated real estate transfer tax, effective-April 1, 1990; and, further, effective April 1, 1990, establish by Ordinance an additional one (1%) percent real estate transfer tax, proceeds of which shall be earmarked and used exclusively for acquiring buildings and land for employee housing, for maintenance of the same, for the operation of employee/community housing projects, for payment of debt related thereto, and the repayment to the land fund for open space acquisitions converted to employee housing purposes, which tax ordinance will expire on December 31, 1994, and will exempt the first $100,000 of every transfer and all deed-restricted employee housing units?" For the Question Against the Question QUESTION NO. 7_ AUTHORIZATION TO THE CITY COUNCIL TO SELL, EXCHANGE, OR GRANT NECESSARY RIGHTS OF WAY ACROSS CITY OWNED LAND FOR THE FOUR LANING OF HIGHWAY 82 ALONG TWO POSSIBLE ALIGNMENTS. "Shall the City Council of the City of Aspen, Colorado, be authorized to sell, exchange or grant necessary rights-of-way across, City owned properties, including properties acquired for open space purposes, to facilitate construction of a four lane entrance into the City of Aspen as set forth in either Option A Direct Connection or 17/"n, -11- . Option B Existing Alignment' described more fully in Question No. 8 below?" For the Question Against the Question QUESTION NO. 8 AUTHORIZATION TO THE CITY COUNCIL TO IMPLEMENT ALTERNATIVE ALIGNMENTS IN CONJUNCTION FOUR LANING OF STATE HIGHWAY 82. ONE OF TWO WITH THE "Shall the City Council of the City of Aspen be authorized to implement Option A - Direct Connection or Option B Existing Alignment as more fully described hereinbelow? Option A - Direct connection . Option A - Direct Connection proposes a new alignment for State Highway 82 which will divert from the existing right-of-way north of the Maroon Creek Bridge across various City owned parcels, including the Zoline parcel, Maroon Creek parcel, Plum Tree Playing Field and Golf Course parking lot, then travel along the existing highway to the Marolt-Thomas parcels, then traversing the Marolt-Thomas parcels and connecting directly to Main Street by construction of a new four-lane bridge over Castle Creek. The City Council shall be authorized to sell, exchange or grant necessary rights-of-way across the aforementioned City owned parcels subject to the following: The State of Colorado will compensate the City of Aspen for the portions of the Marolt-Thomas, Golf Course, Plum Tree, Zoline and Maroon Creek properties used for the new roadway which are currently held as open space. The State of Colorado will vacate the existing highway alignment from the intersection of Seventh Street and Main Street to the point where the new roadway leaves the existing alignment. The portion of State Highway 82 between Cemetery Lane and the point where the new roadway leaves the existing alignment shall be converted to open space. . The present traffic signal at Cemetery Lane and State Highway 82 will be removed and a new signal installed at the new intersection of Seventh Street and Main Street to control traffic volume entering Aspen and accommodate side street traffic. 1 ~ . The following exhibit shows the direct connection concept of a new four-lane entrance to Aspen. (insert graphic showing acreage affected) Option B - Existing Alignment Option B Existing Alignment proposes expanding the existing two-lane highway into a four-lane highway across City owned parcels acquired for open space purposes, including portions of the Golf Course, Maroon Creek parcel, Zoline parcel, Bugsy Barnard parcel and Marolt-Thomas parcels. The existing alignment will divert from the existing right-of-way north of the Maroon Creek Bridge across the Zoline parcel, Maroon Creek parcel, Plum Tree Playing Field and Golf Course parking lot, then travel along the existing highway to Main Street by the expansion of the existing State Highway 82 Bridge over Castle Creek. The City Council shall be authorized to sell, exchange or grant necessary rights-of-way across the aforementioned City owned parcels subject to the following: ., ". The State of Colorado will compensate the City of Aspen for the portions of the Marolt-Thomas, Golf Course, Plum Tree, Maroon Creek, Zoline and Bugsy Barnard properties used for the new roadway which are currently held as open space. The two existing 90 degree turns at Seventh and Hallam and Seventh and Main will be widened to accommodate four lanes of traffic in a manner designed to minimize adverse impacts on the surrounding neighborhoods. Expansion east of Castle Creek Bridge will be done in a manner which minimizes private property acquisition. The following exhibit shows the existing alignment concept of a new four-lane entrance to Aspen. (insert graphic showing acreage affected) (Electors may select either Option A Direct Connection or Option B - Existing Alignment, but not both.) . Option Direct Connection A, Option B, Existing Alignment " ~ Section 4 Notice of the election on the proposed questions shall be published in the Aspen Times, a newspaper published and of general circulation in said City, and the edition of said newspa- per dated , 1990, 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 submi tted, as hereinabove provided, which Notice shall be in substantially the following form: "PUBLIC NO'l'ICE OF THE SUBMISSION OF A PROPOSED QUESTION TO THE VOTES OF THE CITY OF ASPEN, COLORADO, AT THE SPECIAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, FEBRUARY 3, 1990 . PUBLIC NOTICE IS HEREBY GIVEN 'l'HAT, at the special election to be held in the City of Aspen on Tuesday, February 13, 1990, between the hours of 7 a.m. and 7 p.m., there will be submitted proposed questions to the registered electors of the City as follows: QUESTION NO. 1 IN ORDER TO INSURE AN INCREASING SUPPLY OF AFFORDABLE HOUSING, SHALL THE CITY OF ASPEN ISSUE A GENERAL OBLIGATION BOND NOT TO EXCEED SIX MILLION DOLLARS ($6,000,000.00) FOR THE PURPOSE OF CONSTRUCTING AND EQUIPPING A HOUSING FACILITY ON A PORTION OF THE MAROLT/THOMAS PROPERTY. e" h "~ "Shall the City Council of the City of Aspen, Colorado, be authorized to issue general obligation bonds in an amount not to exceed Six Million Dollars ($6,000,000.00), the term not to exceed thirty (30) years and at interest rates not to exceed ten percent (10%) for the purpose of constructing and equipping a housing facility on a portion of the Marolt/Thomas Property, which housing facility may be leased to the Aspen/Pitkin County Housing Authority or such other non-prOfit corporation as City Council may determine appro- priate? The Housing Project shall not exceed one hundred twenty (120) housing units and related facilities, including, but not limited to, a cafeteria, parking, roadway, walkways and landscaping." 17/sn, '-14- . QUESTION NO. 2 AMENDMENT TO THE SIXTH PENNY SALES TAX ORDINANCE LIMITING THE USE OF SIXTH PENNY SALES TAX REVENUES TO PARKS, TRAILS, AND OPEN SPACE USES. "Shall Section 7 of Ordinance No. 16 (Series of 1970), the sixth penny sales tax ordinance, be repealed and reenacted to read as follows: .,. '~" ' , "" 'Section 7. Expenditures and Ear-marking of Revenues. All revenue from this retail sales tax col1ecte:J.on and after July 1, 1990 shall be set aside in a separate fund entitled "Parks and Open Space Fund." The monies of said fund shall be expended by the City Council solely for the acquisition of parks, trails and open space real property, for the construction of improvements on any real property owned or purchased by the City for parks, trails and open space purposes, for maintenance of real property owned by the City and used for parks, trai ls and open space, and for the payment of indebtedness incurred for acquisition or improve- ment of parks, trails and open space, and for the payment of indebtedness incurred for acquisition or improvement of parks, trails and open space real property, food tax refunds payable by the City, and for such expenditures as may be necessary to protect real property or the improvements thereon owned by the City for parks, trails and open space purposes. Additionally, the revenue from thi s tax may be used for the payment of sales tax revenue bonds previously issued by the City of Aspen prior to January l, 1990 which are secured by or payable out of the sales tax imposed by Ordinance No. 16, Series of 1970.'" QUESTION NO. 3 AUTHORIZING 'rHE ADOPTION OF ORDINANCE 81, SERIES OF 1989, IMPOSING AN ADDITIONAL POINT FORTY-FIVE PERCENT (.45%) SALES TAX WITHIN THE CITY OF ASPEN TO BE EARMARKED FOR AFFORDABLE HOUSING AND DAY CARE. . "Shall the City Council adopt Ordinance 8l, Series of 1989, which ordinance imposes an additional .45% sales tax upon the sale of personal property and the furnishing of services wi thin the City of Aspen; provides for the earmarking of these revenues and use solely for the purpose of providing affordable housing and day care opportunities within Aspen and Pitkin County, including, but not limited to, land acquisitions, capital improvements and payment of indebtedness therefore; and providing that this tax take effect July 1, 1990 and automatically terminate on June 30, 2000?" 1 ~ . QUESTION NO. 4 AUTHORIZATION TO PROHIBIT THE SALE OF FURS. "Shall the City Council adopt Ordinance 70, Series of 1989, which prohibits the commercial sale of furs of wild animals wi thin the City of Aspen? For existing inventory, this ordinance will take effect one year from the date of its adoption. This ordinance does not prohibit the wearing of furs, nor does it prohibit either the sale or the wearing of furs from domestic animals. The City of Aspen has previously shown its concern for the cruelty and dangers of the leghold trap by the adoption of Ordinance 10 of 1986, which prohbits the use of the leghold trap, and Ordinance 56 of 1986, which prohibits the sale of furs from animals caught in leghold traps. It has become clear that even experts cannot know with any certainty the source of furs offered for retail sale, and ranched wild furbearing animals suffer not only cruelty in death but cruel and unregulated conditions during a lifetime of unnatural confinement. The purpose of this ordinance would be to lessen the suffering of furbearing wild animals by prohibiting the commerce in fur products." .' .. QUESTION NO. 5 SHALL THE ELECTORATE ADOPT ORDINANCE 69, SERIES OF 1989, IN ONE OF TWO FORMS, WHICH ORDINANCE APPROVES THE M1ENDED ASPEN MOUNTAIN PUD SUBDIVISION. "Shall Ordinance 69, Series of 1989, be adopted approving the Amended Aspen Mountain Planned Unit Development Subdivision in one of two forms? (Electors may choose either Option A or Option B, but not both.) Option A (Hadid/Ritz-Carlton Proposal) Shall the Amended Aspen Mountain PUD/Subdivision be approved subject to the following: 1. Ordinance 69 is hereby adopted in the same form as Resolution 29, Series of 1988, by which the Aspen City Council previously approved the amendment of the Aspen Mountain Subdivision/PUD (including the Ritz-Carlton Hotel). 2. In addition, Developer shall, in good faith, process a land use application for affordable housing suitable for the 8/10ths of an acre on Main Street known as the Bavarian Inn property. .'.'. 'i 1 h . Option B (City Council Proposal) Shall the Amended Aspen Mountain PUD/Subdivision be approved subject to the following: 1. The conditions contained in the "First Amended and Restated Planned Unit Development/Subdivision Agreement Aspen Mountain Subdivision," the amended Final Plat of the Aspen Mountain Subdivision, and conditions recommended by the Planning and Zoning Commission (to the extent not amended by the Agreement or Final Plat); AND 2. The applicant provide off-site hou sing for 106 additional employees, less any employees no longer required by reason of any reduction in the number of hotel rooms (292) or other uses now proposed. The housing shall be consistent with the Affordable Housing Guidelines of the Housing Authority in place at the time of final approval of the housing; AND 3 . The external floor area for the entire Planned Unit Development be reduced by 60,4l3 square feet; the hotel on Lot One not exceed 128,941 square feet (consistent with the underlying zoning); and the maximum height of the hotel on Lot One not exceed 44.8 feet (l60% of the allowable height) . .. Option A (Hadid/Ritz-Carlton Proposal) Option B (City Council Proposal) " QUESTION NO. 6 AU'i'HORIZING THE REPEAL OF THE ORDINANCE ESTABLISHING THE GRADUATED REAL ESTATE TRANSFER TAX AND ENACTING AN ADDITIONAL ONE PERCENT REAL ESTATE TRANSFER TAX TO BE EARMARKED AND USED SOLELY FOR AFFORDABLE HOUSING TO BE EFFECTIVE APRIL 1, 1990 AND TERMINATE DECEMBER 3l, 1994. . "Shall the City Counci 1 be authorized to repeal Ordinance 14, Series of 1989, which Ordinance established the graduated real estate transfer tax, effective April l, 1990; and, further, effecti ve April 1, 1990, establish by Ordinance an additional one (l%) percent real estate transfer tax, proceeds of which shall be earmarked and used exclusively for acquiring buildings and land for employee housing, for maintenance of the same, for the operation of employee/ communi ty housing proj ects, for payment of debt related thereto, and the repayment to the land fund for open space acquisitions converted to employee housing purposes, which tax ordinance will expire on December 3l, 1994, and will exempt the first $lOO,OOO of every transfer and all deed-restricted employee housing units?" . .' .'t~ 'i.i. '"" QUESTION NO. 7 AUTHORIZATION TO THE CITY COUNCIL TO SELL, EXCHANGE, OR GRANT NECESSARY RIGHTS OF WAY ACROSS CITY OWNED LAND FOR THE FOUR LANING OF HIGHWAY 82 ALONG TWO POSSIBLE ALIGNMENTS. "Shall the City Council of the City of Aspen, Colorado, be authorized to sell, exchange or grant necessary rights-of-way across, City owned properties, including properties acquired for open space purposes, to facilitate construction of a four lane entrance into the City of Aspen as set forth in either Option A Direct Connection or Option B Existing Alignment described more fully in Question No. 8 below?" QUESTION NO. 8 AUTHORIZATION TO THE CITY COUNCIL TO IMPLEMENT ALTERNATIVE ALIGNMENTS IN CONJUNCTION FOUR LANING OF STATE HIGHWAY 82. ONE OF TWO WITH THE "Shall the City Council of the City of Aspen be authorized to implement Option A - Direct Connection or Option B Existing Alignment as more fully described hereinbelow? Option A - Direct Connection Option A -- Direct Connection proposes a new alignment for State Highway 82 which will divert from the existing right-of--way north of the Maroon Creek Bridge across various City owned parcels, including the Zoline parcel, Maroon Creek parcel, Plum Tree Playing Field and Golf Course parking lot, then travel along the existing highway to the Marolt-Thomas parcels, then traversing the Marolt-Thomas parcels and connecting directly to Main Street by construction of a new four-lane bridge over Castle Creek. The City Council shall be authorized to sell, exchange or grant necessary rights-of-way across the aforementioned City owned parcels subject to the following: The State of Colorado will compensate the City of Aspen for the portions of the Marolt-Thomas, Golf Course, plum Tree, Zoline and Maroon Creek properties used for the new roadway which are currently held as open space. The State of Colorado will vacate the existing highway alignment from the intersection of Seventh Street and Main Street to the point where the new roadway leaves the existing alignment. The portion of State Highway 82 between Cemetery Lane and the point where the new roadway leaves the existing alignment shall be converted to open space. 17/~n, -l8- . . '... '.i.L.,. The present traffic signal at Cemetery Lane and State Highway 82 will be removed and a new signal installed at the new intersection of Seventh Street and Main Street to control traffic volume entering Aspen and accommodate side street traffic. The following exhibit shows the direct connection concept of a new four-lane entrance to Aspen. (insert.graphic showing acreage affected) Option B - Existing Alignment Option B Existing Alignment proposes expanding the existing two-lane highway into a four-lane highway across City owned parcels acquired for open space purposes, including portions of the Golf Course, Maroon Creek parcel, Zoline parcel, Bugsy Barnard parcel and Marolt-Thomas parcels. The existing alignment will divert from the existing right-of-way north of the Maroon Creek Bridge across the Zoline parcel, Maroon Creek parcel, Plum Tree Playing Field and Golf Course parking lot, then travel along the existing highway to Main Street by the expansion of the existing State Highway 82 Bridge over Castle Creek. The City Council shall be authorized to sell, exchange or grant necessary rights-of-way across the aforementioned City owned parcels subject to the following: The State of Colorado will compensate the City of Aspen for the portions of the Marolt-Thomas, Golf Course, Plum Tree, Maroon Creek, Zoline and Bugsy Barnard properties used for the new roadway which are currently held as open space. The two existing 90 degree turns at Seventh and Hallam and Seventh and Main will be widened to accommodate four lanes of traffic in a manner designed to minimize adverse impacts on the surrounding neighborhoods. Expansion east of Castle Creek Bridge will be done in a manner which minimizes private property acquisition. The following exhibit shows the existing alignment concept of a new four-lane entrance to Aspen. (insert graphic showing acreage affected) l7/SD3 -19- . .c....' 0,'.... . (Electors may select either Option A . Direct Connection or Option B - Existing Alignment, but not both.) Option A, Direct Connection Option B, Existing Alignment " POLLING PLACES Precincts 1, 6 & Precincts 2 & 3 Precincts 4 & 5 7 - St. Mary's Catholic Church - Upper Elementary School - Christ Episcopal Church 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 City Hall, for an a~ot, or at any time during business hours, on or before ~ 1'170 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'~ge City Co to be given as of this ~ day of Notice Published in: Published on: ~ Times ;: A.-' "7 ~ g' , 1990. Section 5 To the extent any provisions of this resolution are inconsistent with the provisions of Resolution 40, Series of 1989, the provisions of this resolution shall prevail. Dated: ~_ /6 ? , m'. ~ ~' -.-/ . ,.' ~.- cf./?--" . William L. Stfrling, Mayor . . -- 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 January 9, 1990. ~~k- Kathryn Koch, City Clerk 17/~n, -21-