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HomeMy WebLinkAboutordinance.council.077-92 ORDINANCE NO. 77 Series of 1992 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN BY AMENDING SECTIONS 8 1/2-1.1, 8 l/2-6(a), 8 1/2-6.1(b), 8 1/2-9.1, 5-28(a), 5-31, 5-68(c), 19-5(a), 22-12(c)(5), 24-1-106, 24-1-107, 24-1-108, 24-5-603, 2-33, 2-34, AND 2-36 AND ADDING SECTION 2-38 TO INCREASE THE FEES CHARGED FOR ISSUING ANNUAL EMERGENCY ALARM USER PERMITS, RESPONDING TO FALSE ALARMS, ISSUING AND TRANSFERRING ANNUAL DOG LICENSING FEES, PENALTY ASSESSMENTS FOR ALLOWING DOGS TO RUN AT LARGE, ENCROACHMENT LICENSE FEES, PARKING F'ERMIT FEES, LAND USE APPLICATION FEES, HISTORIC PRESERVATION APPLICATION FEES, PARK DEVELOPMENT IMPACT FEES, ANNUAL SKI RACK STORAGE PERMIT FEES, ZONING DEPARTMENT PROCESSING AND ENFORCEMENT FEES, LEISURE AND RECREATIONAL SERVICES USERS FEES; AND TO ESTABLISH LAW ENFORCEMENT RECORD FEES. WHEREAS, the City Council has adopted a policy of annually reviewing the Planning Department's fee structure to insure that revenues raised through the fee structure are sufficient to pay for the attendant costs of the Department; and WHEREAS, the City Council has determined that the current fee structure for the processing of land use applications, zoning department application fees, and historic preservation application fees, set forth at Sections 24-1-106, 24-1-107, and 24-1-108, respectively, of the Aspen Municipal Code, do not accurately reflect the current cost of providing the necessary level of s~rvices associated with administering the land use provisions of the Municipal Code; and WHEREAS, the City Council has adopted a policy of requiring consumers and users of the City's Golf Course, Ice Garden, swimming pool, and other recreational programs and activities sponsored by the City's Leisure Services Department to pay fees that fairly approximate the costs of providing such recreational opportunities; and WHEREAS, the City Council has determined that certain user fees currently in effect do not raise revenues sufficient to pay for the attendant costs of providing said recreational and leisure services; and WHEREAS, the City Council has adopted a policy of reviewing park development impact fees every two years to ensure that the impact fees are sufficient to maintain the current standards for park land, park development and trail development in the City of Aspen; and WHEREAS, the City Council has determined that the park development impact fee must be increased to maintain said standards; and WHEREAS, the City Council desires to increase certain application, processing, service, and user fees to raise sufficient funds to pay for the attendant costs of such licensing or service activities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: Section I That Section 8 1/2-1.1 of the Municipal Code of the City of Aspen, Colorado, which section requires every emergency alarm user to obtain a user's permit and pay a prescribed fee, is hereby amended to read as follows: Sec. 8 1/2-1.1. Alarm user permit. Every alarm user shall obtain an alarm user's permit for each separate emergency alarm system from the director of finance prior to the use of an alarm system. The "permit year" shall extend from January 1st to the following December 31st. Application for an emergency alarm user's permit shall be' filed with the fee prescribed by Section 2-38(b) of this Code shall be paid to the director of finance before January 1st of each year. Revoked permits may be reactivated during the permit year upon payment of the fee prescribed by Section 2-38(b) of this Code. Each permit shall bear the signature of the director of operations and shall be for a one year period. The director of operations may require the user to provide such information deemed reasonably necessary for the expeditious and safe response of officers and the timely and effective billing of false alarm fees. This information shall include, but shall not be limited to, the name and current mailing mid physical address of the person responsible for paying false alarm fees. The permittee shall also provide, through the alarm business, current and reasonable directions to the alarm site. Residential permitees may be required to display the house number so that it is visible and discernible from the street. An alarm business may act as agent for the user in the handling of permit matters. 2 Section 2 That Section 8 1/2-6(a) of the Municipal Code of the City of Aspen, Colorado, which section establishes fees for responding to false alarms, is hereby amended to read as follows: Sec. 8 1/2-6. False alarm fee. (a) Except as provided in Section 8 1/2-9.1, each time an alarm business relays a false alarm to the Aspen Police Department, the alarm user who has contracted with the alarm business to monitor that alarm shall pay, within thirty (30) days of receiving a bill from the director of finance, a fee as prescribed by Section 2-38(b) of this Code. Section 3 That Section 8 1/2-6. l(b) of the Municipal Code of the City of Aspen, Colorado, which section sets the penalty for /'ailing to pay a false alarm fee within a prescribed time, is hereby amended to read as follows: Sec. 8 1/2-6.1. Revocation of alarm user's permit. (b) Failure of the alarm user to pay a false alarm fee within thirty (30) days of receipt of the bill from the director of finance shall subject the permittee to a late fee as prescribed by Section 2-38(b) of this Code and the director of operations may initiate permit revocation proceedings as set forth hereinafter. Section 4 That Section 8 1/2-9.1 of the Municipal Code of the City of Aspen, Colorado, which section sets the applicable fees for responding to false alarms to the premises of alarm users that are exempt/'rom the permit revocation process, is hereby amended to read as follows: Sec. 8 1/2-9.1. Exemption from statutorily required alarm systems. An alarm user required by federal, state, or municipal statute, regulation, rule or ordinance to install, maintain, and operate an alarm system shall not be subject to permit revocation. Each time an alarm system relays a false alarm to the Aspen Police Department from a user that is exempt from the revocation process pursuant to this section, said user shall pay, within thirty (30) days of receiving a bill from the director of finance, a fee as prescribed by Section 2-38(b) of this Code. Section 5 That Section 5-28(a) of the Municipal Code of the City of Aspen, Colorado, which section sets the applicable fees for the issuance of annual dog licensing tags, is hereby amended to read as follows: Sec. 5-28. Annual vaccination and licensing required; fee; application. (a) No dog over the age of six (6) months shall be kept, harbored or maintained within the City of Aspen, Colorado, unless the owner, keeper or person in charge of such animal shall have the animal inoculated against rabies and annually pay a designated agent of the City of Aspen for collection (as may from time to time be designated by the city) a license fee as prescribed by Section 2-38(d) of this Code to be remitted to the City of Aspen for each and every dog owned, kept or harbored. For purposes of this paragraph, persons authorized to perform vaccinations against rabies may be designated as agents of the city for the collection of license fees hereunder. Section 6 That Section 5-31 of the Municipal Code of the City of Aspen, Colorado, which section sets the applicable fees for the transfer of dog licensing tags, is hereby amended to read as follows: Sec. 5-31. Procednre and compliance with articles required for dogs imported into city. All dogs which are brought into the city shall be in compliance with the laws and rules and regulations of the state regarding the handling of the animal and shall have been vaccinated not more than twelve (12) months prior to importation. The tag denoting vaccination shall be firmly affixed to the collar or harness of the dog, and shall be evidence of compliance with this section. lfan imported dog remains in the city more than thirty (30) days, such dog shall be licensed in accordance with the provisions of this article. Any legally acceptable certification of the vaccination issued by a legally authorized person to the owner of the dog, in any municipality, county or state, shall be exchanged for a current vaccination license tag of the city, which tag shall bear the date of the vaccination shown on the aforesaid certificate. A transfer fee as prescribed by Section 2-38(d) of this Code shall be paid by the dog owner to the animal control officer at the time the exchange tag is issued, which fee shall be remitted to the city finance director by the animal control officer in the same manner as license fees under Section 5-28 hereof. Section 7 That Section 5-68(c) of the Municipal Code of the City of Aspen, Colorado, which section establishes penalty assessments lbr various offenses relating to dogs, is hereby amended to read as follows: Sec. 5-68. Penalty assessment and schedule. (c) The penalty assessment and the nature of the violation for which the penalty assessment may be accepted and paid by the yiolator under the privileges of this section shall be as prescribed at Section 2-38(d) of this Code Section 8 That Section 19-5(a) of the Municipal Code' of the City of Aspen, Colorado, which section regulates the occupancy of public right-of-ways, is hereby amended to read as follows: Sec. 19-5. Occnpancy of right-of-way prohibited without encroachment license; application fee; appeals. (a) No person shall occupy, construct, place or maintain within any public right-of-way any building, structure or appurtenance, fence, tree, vegetation or other obstruction without first having obtained an encroachment license from the City Engineer. Any persons seeking an encroachment license must submit an application therefor on forms provided by the City Engineer accompanied by an administrative fee in an amount prescribed by Section 2-38(e) of this Code. The City Engineer may specify the terms and conditions under which any encroachment license is to be issued so as to protect the best interests of the City. All encroachment licenses granted under this section shall be revocable by the City with or without cause at any time. Section 9 That Section 19-49(b) of the Municipal Code of the City of Aspen, Colorado, which section sets the applicable fees for a construction and excavation permit, is hereby amended to read as I:ollows: Sec. 19-49. Fees. (b) A permit fee in an amount prescribed by Section 2-38(e) of this Code. Section 10 That Section 19-143 of the Municipal Code of the City of Aspen, Colorado, which section sets the applicable fees for obtaining a permit to construct a ski storage rack in the public right,of- 5 way, is hereby amended to read as follows: Sec. 19-143. Fees; expiration of permit. The fee for the permit required by this article shall be as prescribed at Section 2-38(e) of this Code, which fee shall be paid to the director of finance on or before February 1 of each and every year. The permit required by this article shall automatically expire on February 1 of any year for which the permit fee has not been paid for the next year as above required. Section 11 That Section 22-12.1(c)(5) of the Municipal Code of the City of Aspen, Colorado, which section establishes the processing tee for the issuance of special parking permits, is hereby amended to read as follows: Sec. 22-12.1. Waiver of parking limitations. (c)(5) A processing fee in an amount prescribed by Section 2-38(c) of this Code shall be levied for the issuance of Service or Delivery Vehicle and Construction Vehicle permits. There shall be no processing fee for the issuance of temporary Handicapped Person permits. Section 12 That Section 24-1-106 of the Municipal Code of the City of Aspen, Colorado, which section establishes land use application and processing tees, is hereby ame'nded to read as follows: Sec. 24-1-106. Land Use Application Fees. (a) The categories of review processes, base fees and planning office average time requirements for the processing of land use applications shall be as follows: Base Fee Category Hours (Deposit) I. GMP/Subdivision/PU D/S PA 1. Conceptual Submission 25 $3,925.00 2. Final Plat 14 2,198.00 II. Subdivision/PUD/SPA 1. Conceptual Submission 17 $2,669.00 2. Final Plat 12 1,884.00 II1. All "Two Step" Applications 13 $2,041.00 6 IV. All "One Step" Applications 6 $ 942.00 V. Consent Agenda Items/All Staff Approvals Flat Fee $ 207.00 VI. Referral Fees - Environmental Health 1. Minor Applications Flat $ 55.00 2. Major Applications Fee 140.00 VII. Referral Fees - Engineering 1. Minor Applications Flat $ 93.00 2. Major Applications Fee 234.00 (b) The Planning Office staff shall keep an accurate record of the actual time required for the processing of each land use application by the Planning Director and Additional Billings shall be made commensurate with the additional costs incurred by the City when the processing of an application by the Planning Office takes more time than is covered by the Base Fee. In the event the processing of an application by the Planning Director takes less time than provided for in subsection (a), the Planning Office shall refund the unused portion of the Base Fee. (c) The following guidelines shall be used for the administration of the fee structure set forth above: (1) Fees charged for the processing of applications which fall into more than one category shall be cumulative; while the fees charged for the processing of applications within the same category shall not be cumulative. In the event that the lees which result from cumulation are found by the Planning Office to be excessive in relation to the number of hours it is anticipated to require to process the application, the Planning Office may waive the cumulation req u i re men t. (2) Additional Billings shall be based solely on processing time spent by members of the Planning Office or it's designee in the processing of an application. (3) Additional Billings shall be computed at the rate of $157.00 per hour of additional Planning Office staff time required. Refunds of unused hours shall be made at the rate of $157.00 per hour of time. (4) The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. (5) This fee structure shall be reviewed annually as part of the City of Aspen's budget hearing process and should any adjustments be necessary, they shall 7 be changed to become effective on January 1. (6) The Planning Office shall identify, prior to or at the time of submission of a land use application, whether an application is to be referred to the Engineering or Environmental Health Departments. The Planning Office shall also identify whether an application constitutes a minor or a major referral, based on the number of hours which will be required to review the application, and charge the applicant for each referral accordingly. Additional Billings and Refunds shall not apply to the computation of referral fees. Section 13 That Section 24-1-107 of the Municipal Code of the City of Aspen, Colorado, which section establishes historic preservation application and processing fees, is hereby amended to read as follows: Sec. 24-1-107. ltistoric Preservation Application Fees. The types of applications and fees for the processing of historic preservation and landmark designation applications shall be as follows: I. Exemptions and Insubstantial Modifications ........................... $ 52.00 Example: Exterior changes that do not alter the character of landmarks or structures within historic districts, or technical changes to previously approved plans. II. Minor Development .................................................... $ 104.00 Example: Exterior changes (in combination of no more than three) that do not alter the character of landmarks or structures located within historic districts, and/or additions of less than 250 square feet to landmarks or structures located within historic districts, and minor changes to designated sites. These are considered one-step applications and go before the HPC. A public hearing is not required. III. Significant Development (Under 1,000 sq. ft.) ....................... $ 259.00 Example: Multiple exterior changes, additions of less than 1,000 square feet (between 250- 1000sq. t't.), and some partial demolitions. These are two-step applications that require a public hearing before the HPC at Conceptual Development (first step). Publication, posting and mailing are required for all HPC public hearings. A bond or financial security may be required. IV. Significant Development (Over 1,000 sq. ft.) ......................... $ 518.00 Example: Major remodels involving partial demolition, additions over 1,000 square feet and on-site relocations. These are two-step app!ications that require a public hearing before the HPC at Conceptual Development (first step). Publication, posting and mailing are required for all HPC public hearings. A bond or financial security may be required. V. Demolitions and Off-Site Relocations ................................. $1,035.00 Example: Full demolition and complete relocations off-site. These are two-step applications that require a public hearing before the HPC at Conceptual Development (first step). Publication, posting and mailing are required for all HPC public hearings. A bond or financial security may be required. The examples listed for different types of applications are intended solely as a guide and are not binding upon the Planning Office in assessing the proper fee for processing any particular historic preservation or landmark designation application. Section 14 That Section 24-1 - 108 of the Municipal Code of the City of Aspen, Colorado, which section establishes zoning department application and processing fees, is hereby amended to read as t~ollows: Sec. 24-1-108. Zoning Department Fees. The Zoning Department shall charge the following fees for the services listed: I. Building Plan Checks by Zoning: 1. Repair/Remodeling (includes new construction of 500 sq. ft. or less) ......................... $ 52.00 2. New Work greater than 500 sq. ft. and less than or equal to 3,500 sq. ft ......................... $ 78.00 3. New Work greater than 3,500 sq. ft. and less than or equal to 7,500 sq. ft ......................... $207.00 4. New Work greater than 7,500 sq. ft .................................. $414.00 5. Deposit for multi-t:amily residential structures greater than or equal to five (5) dwelling nnits; non-residential projects greater than 7,500 sq. ft., and other complex projects ................................................ $776.00 6. Structures Built Without a Permit ....................................... DOUBLE ABOVE FEES II. Zoning Enforcement: 1. Repair/Remodel - 500 sq. ft. or less ...................................... $104.00 2. New work - greater than 500 sq. ft. and less than or equal to 3,500 sq. ft ......................... $155.00 3. New work - greater than 3,500 sq. ft. and less than or equal to 7,500 sq. ft ......................... $414.00 4. New work - greater than 7,500 sq. ft ...................................... $828.00 5. Penalty fee for enforcement actions which require a one-step or two-step land use hearing .......................... $311.00 III. Sign Permits: Processing and Code Compliance for all sign permits .................. $ 52.00 IV. Board of Adjustment Fees: Processing and application fee for all Board of Adjustment appeals... $ 52,00 Section 15 That Section 24-5-603 of the Municipal Code of the City of Aspen, Colorado, which section establishes park development impact fees, is hereby amended to read as follows: Sec. 24-5-603. Fee schedule. The park development impact fee shall be assessed according to the following schedule: Residential/Lodge Studio: $1350.00 per unit. One-bedroom: $1885'.00 per unit. Two-bedroom: $2,425.00 per unit. Three-bedroom or larger: $3,230.00 per unit. Commercial/Q~ce CC/C-1 Zone Districts: $1,920.00 per 1,000 square feet. NC/SCI Zone Districts: $1,040.00 per 1,000 square feet. O Zone Districts: $1,360.00 per 1,000 square feet. CL and other Zone Districts: $1,585.00 per 1,000 square feet. For development which increases the size of a unit between the types listed in the schedule, the fee shall be assessed by calculating the difference in the cost between the unit types. Section 16 That Article III of Chapter 2 of the Municipal Code of the City of Aspen, Colorado, which section prescribes miscellaneous fee schedules, is hereby amended to read as follows: ARTICLE III. MISCELLANEOUS FEE SCHEDULES Sec. 2-33. Aspen Golf Course Fees. The Aspen Golf Course user fees shall be as follows: Individual Pass - Unlimited Season (Purchased before June 15) ......... $495.00 (Purchased after Jnne 15) .......... 525.00 Spouse Pass - Unlimited Season (Purchased before June 15) ............ 750.00 Junior Pass (17 yrs. & tinder) ............................................. 75.00 20 Punch Ticket (Purchased before June 15) ............................ 195.00 (Purchased after June 15) ................................... 225.00 Green Fees - 18 holes ..................................................... 48.00 9 holes .......................................................... 30.00 Off Season Green Fees (October 1 to Close) - 18 holes ................ 30.00 - 9 holes .................. 20.00 Sec. 2-34. Aspen Ice Garden Fees. The Aspen ice Garden user fees shall be as follows: Public Admission - Adult (18 & over) .......................... $4.00/session Youth (4 - 17 yrs.) .......................... 3.00/session Tots (under 4 yrs.) .......................... 2.00/session Skate rentals - Ail ............................................. 2.00/session Skate sharpening ................................................ 4.00 10 Punch card - Adult ........................................... 32.00/card' Youth ........................................... 22.00/card' Tot ............................................. 12.00/card* Pick-up ......................................... 60.00/card Pick-up Hockey .................................................. 7.00/session Ice Rental - Prime .............................................. 125.00/hour Non-Prime .......................................... 85.00/hour Non-profit Adult - Prime ........................................ 90.00/hour Non-Prime .................................... 65.00/hour Youth - Prime ........................................ 75.00/hour Non-Prime .................................... 55.00/hour Locker Rentals .................................................. 50.00/season Patch Ice ....................................................... 5.00/patch Classes ......................................................... 5.50/class Rentals may be added to any card for a charge of $10.O0/card. Sec. 2-35. James E. Moore Pool User Fees. The James E. Moore Pool user tees shall be as follows: Daily Rates Infants/Toddlers (under 3 yrs.) ................................. FREE Tots (3-5 yr. olds) ............................................. $1.00 Youth (6-12 yr. olds) ........................................... 1.50 Teen (13-17 yr. olds) ........................................... 2.00 Adult (18-64 yr. olds) .......................................... 3.00 Seniors (65 and over) ........................................... FREE 20 Punch Pass Tots ............................................................ $18.00 2 free days Youth ........................................................... 27.00 2free days Teen ............................................................ 36.00 2 free days Adult ........................................................... 54.00 2 free days Season Pass Tots ............................................................ $56.00 Youth ........................................................... 84.00 Teen ............................................................ 112.00 Adult ........................................................... 168.00 Family .......................................................... 250.00 12 Annual Pass Tots ............................................................ $125.00 Youth ........................................................... 150.00 Teen ............................................................ 225.00 Adult ........................................................... 300.00 Family .......................................................... 450.00 Sec. 2-36. Miscellaneous Leisure and Recreation User Fees. Leisure and recreation user fees shall be as follows: Gymnastics Four classes .................................................... $ 25.00 Six classes ..................................................... 40.00 Adult Winter Sports Basketball ...................................................... $3.00/evening Volleyball ...................................................... 3.00/evening Softball/Baseball Youth Baseball (8-15 yr. olds) .................................. $25.00/summer T-Ball (6-8 yr. olds) ........................................... 25.00/summer Girl's Softball (8-14 yr. olds) ................................. 25.00/summer Men's Softball .................................................. $450.00/team + $10.00 tee Ladies Softball ................................................. $300.00/team + $10.00 fee Co-ed Softball .................................................. $250.00/team + $10;00 fee Day Camp 10 am - 3pm ..................................................... $50.00/week 8 am - 5 pm ..................................................... 60.00/week Fall Sports Flag football (grades 1-6) ...................................... 15.00/6 wks. Youth Basketball (grades 1-8) ................................... 15.00/8 wks. Sailing ......................................................... $100.00/session Swim Team ....................................................... $200.00/session Tennis Per week .......................................... : ............. $35.00/week Per team ........................................................ 200.00/team Track Program ................................................... $15.00/session Field Use/Player/Season ......................................... 10.00/player/sea. Late Registration ............................................... $5.00 Section 17 That Article III of Chapter 2 of the Municipal Code of the City of Aspen, Colorado, which section prescribes miscellaneous fee schedules, is hereby amended by the addition of a new Section 2-38 to read as follows: Sec. 2-38. Miscellaneous Fee Schedules. a) Law Enforcement Records: Accident Reports per search ................................ $4.00 per copied page ........................... 1.00 Case Reports and per search ................................ 5.00 Coroner Reports per copied page ........................... 1.00 Arrest History and Background Checks per search ............................. 5.00 Certification/Notarization .......................................... 5.00 Microfilm Copy per search ................................ 10.00 per copied page ........................... 2.00 Photograph Copies per 4" x 5" . .............................. 5.00 per 5" x 7" . .............................. 10.00 per 8" x 10" . ............................. 15.00 Communications Logging search per hour ................... 25.00 per cassette tape ......................... 5.00 b) Alarm Perrnits and False Alarm Fees. User permit fee ..................................................... $52.00 False Alarm fees First false alarm per year ..................................... $52.00 Second false alarm per year .................................... 78.00 Third false alarm per year ..................................... 104.00 Fourth alarm and above per year ................................ 207.00 Late tees ........................................................... 10.00 O c) Parking Permits. Service or Delivery Vehicle permit ................................. $52.00 Construction Vehicle permit ........................................ 10.00/month up to a maximum of 52.00 d) Dog Vaccination, License Fees, and Penalty Assessments. Annual Dog Tag Fees altered dog ............................................... $ 5.25 unaltered dog ............................................. 15.50 ' Transfer fee altered dog ............................................... 5.25 unaltered dog ............................................. 15.50 Penalty Assessments: Failure to display Tags ............................................ $15.00 No Dog License ..................................................... 20.00 No rabies Vaccination .............................................. 25.00 Dog Running at Large, first offense: Altered Dog .................................................... 15.00 Unaltered Dog .................................................. 25.00 Dog Running at Large, second offense: Altered Dog .................................................... 45.00 Unaltered Dog .................................................. 65.00 Dog Running at Large, third offense: Altered Dog .................................................... 85.00 Unaltered Dog .................................................. 105.00 Dog Running at Large, fourth offense: Altered Dog .................................................... 165.00 Unaltered Dog .................................................. 205.00 A third offense, or greater, requires a court appearance. Failure to remove excreta, for each offense ........................ 25.00 Illegal hitching ................................................... 15.00 e) Public Works D~?~artment Fees. Encroachment application and processing fee ........................ $320.00 Vacation application and processing fee .............................. 320.00 Construction and excavation permit tee ............................. 25.00 Ski storage rack permit fee ........................................ 10.00 15 f) Environmental Health Department Fees. Solid fuel burning device permit fee ................................. 25.00 Section 18 The effective date of this ordinance shall be January 1, 1993. Section 19 This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 20 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitntional in a coart of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions hereof. A public hearing on the ordinance shall be held on the ~ day of/~'gt.J~ 1991, in the City Council Charnbers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the o¢°,'~ day of , 199~. : John S.tBennett, Mayor ATTEST: KathTyn S.~och, ~ity Clerk FINALLY adopted, passed and approved this ~'~ day of ~ , 19~. John nett, Mayor ATTEST: ~y Ce 17