HomeMy WebLinkAboutagenda.council.regular.20070904
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THE CITY OF ASPEN
CITY COUNCIL
SPECIAL MEETING
TUESDAY, SEPTEMBER 4, 2007
6 P.M.
1. Ordinance #32, 2007 - Code Amendments - Construction Management
II. Ordinance #33, 2007 - Code Amendment - Noise Abatement
JI[ Ordinance #38,2007 - Charter Amendment - Instant Runoff Voting Procedures
IV Resolution #70, 2007 - Reconsideration and Approval
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MEMORANDUM
TO: Mayor and Council
FROM: Trisha Nelson, P.E. Engineering Department
THRU: Randy Ready, Assistant City Manager
Bentley Henderson, Assistant City Manager
Tricia Aragon, P.E. City Engineer
DATE OF MEMO: August 29,2007
MEETING DATE: September 4,2007
RE: Ordinance 33 - Construction Management
Ordinance 32 - Noise Abatement
SUMMARY: Enhanced construction management plan (CMP) requirements have been adopted
but the following items are to be determined:
1. Should proposed CMP requirements for current projects be implemented (with certain
provisions)?
2. What construction management procedures/enforcement should be implemented with
regard to parking and traffic?
BACKGROUND:
A construction management plan manual was adopted by reference (Ordinance 23, Series of
2007) by amending the Aspen Municipal Code Title 8 via adding Chapter 8.56.
The CMP manual became effective for construction projects (> 1000 SF disturbance or 400
SF building demolition, improvement, or renovation) applying for a building permit after
June 30th
City council directed staff in a work session on July 7th, 2007 to look into appling a maiority
of the CMP requirements to current construction related projects.
As directed by the City attorney, staff has proposed implementing Ordinance 32 which
amends Chapter 8.56 to add the following:
The Construction Management Plan Requirements Manual, as adopted pursuant to
Section 8.56.10 shall apply to all construction and development activity within the City
of Aspen; provided, however, that the City Engineer may waive one or more specific
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provisions of the Construction Management Plan Requirements Manual. Requests for
waivers and any waivers granted by the City Engineers shall be in writing.
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Ordinance 33 was proposed to amend Chapter 18.04 of the Aspen Municipal Code. The
amendments eliminate contradictions relating to construction, and reference Chapter 8.56 for all
construction related activities.
DISCUSSION:
1. Ordinance 32: Title 8, Section 8.56.20 reads:.. .City Engineer may waive one or more
specific provisions of the Construction Management Plan Requirements Manual.
Provision to Waive (for existing projects only): Hours of Construction
Construction Hours
Noise Abatement Hours
OLD CMP
7-7M-S
9-5 M-F
NEW CMP
8-6 M-F& 9-5S
9-5 M-F
T
able 1.0: Additional Proiect Len!!th (reducing old CMP hours)
Type of Construction Commercial Residential
Project Project
Current Average 24 mo. l8mo.
Project Length (Months)
Reduce Hours: 5mo. 4 mo.
(No Saturdays) 21 weeks 16 weeks
Reduce Hours: 8 mo. 6.0 mo.
8-6pm* 31 weeks 23 weeks
(6 days/week)
Reduce Hours: 14mo. 11 mo.
8-6pm* and No Saturdays 56 weeks 42 weeks
(5 days/week)
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"The numbers for daily reduction include a factor of 1.5 to include extra time for daily setuplbreak down
(instead of 10 hrs per week ~ 15 hours). The table was presented in a work session on July 7th, 2007
2. Construction Management Plan (CMP) Discussion - Parking and Traffic Optionslldeas
. Requiring a specific amount of construction workers to carpool per site, unless
granted a special construction parking permit (i.e. plumber, electrician) per project.
Further investigation into specifics of granting special permits needs to occur.
Additionally this may be difficult to enforce.
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. In the CMP, the general contractor designates a specific number and location of
parking spaces adjacent to the project where construction related vehicles (not
deliverylheavy) will be parked.
A "no construction" vehicle parking zone (i.e. block or minimum distance)
could be designated around the construction site. Any construction related
vehicles within the construction zone will be issued a ticket (large fine).
Large projects in the core of Aspen have the most complaints. The number
of parking spaces allocated will be determined by the size of project, the
location of the project, and the parking that is available in the project area.
. 7a - 7p M-F construction hours but enforcing noise abatement/noise suppression
hours 9a - 5p would not increase traffic at peak flows.
. Heavy truck traffic and delivery vehicles have limited or staggered hours.
The Maroon Creek bridge construction project already restricts wide-load
crossings to early morning or during escort times, lOam and 3pm.
Determination of staggered hour schedules and enforcement of hours would
be very difficult.
. Staff is working to map construction projects with information available to the
public through the City's web site. Information will includes owner/contractor
contacts.
FINANCIAL IMPLICATIONS: Additional enforcement of parking may be necessary
depending on what parking permits will be required on construction sites.
ENVIRONMENTAL IMPLICATIONS: The environmental benefits of the proposed
ordinances are decreased pollution from the Aspen's construction projects. With specific
controls on traffic, emissions, soil erosion, fugitive dust, solid waste, and noise, pollution of our
air, water, peace of mind and land is reduced.
RECOMMENDATION: Staff recommends that the proposed ordinances be approved by
council.
PROPOSED MOTION: I move to approve "Ordinance No. 32, Series of 2007" and "Ordinance
No.33, Series of2007"
CITY MANAGER COMMENTS:
Attachments:
A - Memo with attachments from First Readings (August 13,2"7) of Ordinance 32,
Series of2,,7 and Ordinance 33, Series of 2..7.
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ORDINANCE NO.:; 2-
Series of 2007
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, TO AMEND CHAPTER 8.56 OF TITLE 8 OF THE ASPEN
MUNICIPAL CODE.
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WHEREAS, the City Council has deterruined that is ill the interests of the City to amend
Chapter 8.56 to clarify that the Construction ;:(anagement Plan Regulations contained
therein shall become effective immediately; and
WHEREAS, the City Council has determined that the amendments to Chapter 8.56 are
necessary for the preservation of public property, health, peace and safety of the residents
and guests of the City of Aspen.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT
Section 1.
That Chapter 8.56 ofthe City of Aspen Municipal Code is hereby amended to read as
follows:
CHAPTER 8.56
CONSTRUCTION MANAGEMENT
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Sec.8.56.10 Adoption of Construction Management Plan.
Pursuant to the powers and authority conferred by the Charter of the City of Aspen,
there is hereby adopted and incorporated herein by reference as if fully set forth
those regulations contained in the Construction Management Plan Requirements
Manual, as may be amended from time to time by the City Engineer. At least one (1)
copy of the aforementioned Manual shall be available for public inspection at the
City of Aspen Community Development Department and Engineering Department.
Sec. 8.56.20 Applicability.
The Construction Management Plan Requirements Manual, as adopted pursuant to
Section 8.56.1 0 shall apply to all construction and development activity within the
City of Aspen; provided, however, that the City Engineer may waive one or more
specific provisions of the Construction Management Plan Requirements Manual.
Requests for waivers and any waivers granted by the City Engineers shall be in
writing.
Section 2: .
This Ordinance shall not effect any existing litigation and shall not operate as an abatement --
of any action or proceeding now pending under or by virtue of the ordinances repealed or .-..'
ATTACHMENT A
amended as herein provided, and the same shall be construed and concluded under such
"-' prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 4:
A public hearing on the ordinance shall be held on the day of
City Council Chambers, Aspen City Hall, Aspen, Colorado.
ill the
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the _ day of
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved, this _ day of
Michael C. Ireland" Mayor
Attest:
Kathryn S. Koch, City Clerk
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Approved as to form:
John P. Worcester, City Attorney
JPW- saved: 81712007-477-G:~ohn\word\ords\Chapter 8 56.doc
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ORDINANCE NO. ::3:>
Series of 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, TO AMEND CERTAIN SECTIONS OF TITLE 18 OF THE ASPEN
MUNICIPAL CODE.
WHEREAS, the City has adopted amendments to Chapter 8.56 of the Aspen Municipal
Code relating to Construction Management Plans; and
WHEREAS, said amendments to Chapter 8.56 contradict certain provisions of Chapter
18.04 of the Aspen Municipal Code; and
WHEREAS, the City Council desires to amend certain Sections of Chapter 18 of the Aspen
Municipal Code to avoid said contradictions in the Aspen Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT
Section 1.
That Section 18.04.040 ofthe City of Aspen Municipal Code is hereby amended to read
as follows:
Sec. 18.04.040 Noises prohibited
a) General prohibitions. It shall be unlawful, with penalties provided in this Code,
Section 1.04.080, for any person to create, cause or allow the continuance of any
unreasonably loud, disturbing, unusual, frightening or unnecessary noise, which interferes
with neighboring residents' reasonable use of their properties. Such noise may include, but
is not limited to, the following:
(I) Horns and signaling devices. The intentional sounding of any horn or signaling
device of a motor vehicle on any street or public place continuously or
intermittently, except as an emergency warning device.
(2) The sounding ofa security alarm for more than five (5) minutes.
(3) The repair, rebuilding or testing of any motor vehicle during nighttime.
(4) Operating or permitting the operation of any motor vehicle or motorcycle not
equipped with a muffler or other device in good working order so as to effectively
prevent loud or explosive noises therefrom; operating such vehicle in a manner as to
constitute unreasonable, disturbing noise that constitutes a nuisance.
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ATTACHMENT B
(5) Dynamic braking devices (commonly referred to as Jake Brake). Operating any
motor vehicle with a dynamic braking device engaged except for the aversion of
imminent danger.
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(6) Noisy parties. Congregating because of or participating in any party or
gathering of people during nighttime in such a manner as to disturb the peace.
(7) The playing of any radio, phonograph, musical instrument, outdoor speakers,
televisions or any device in such a manner as to disturb the peace oiJ.nearby persons,
particularly during nighttime.
(8) The yelling, shouting, whistling, or singing on the public streets or private
property at nighttime in such a manner as to disturb the peace.
(9) The use ofleafblowers other than electric-powered leaf blowers.
(10) Construction on Sundays in any zone district.
(11) The use or firing of explosives, firearms or similar devices which create loud
sounds.
Section 2.
That Section 18.04.050 of the City of Aspen Municipal Code is hereby repealed in its
entirety and re-enacted to read as follows:
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Sec. 18.04.050 Allowed Noises based on time of day and other restrictions
Any and all activity incidental to the erection, demolition, altering, assembling, installing or
equipping of buildings, structures, roads, or other appurtenances thereto, including land
clearing, grading, excavating, filling, landscaping, use of power equipment and the delivery,
leading or unloading of materials and equipment shall comply with Chapter 8.56.
Section 3.
That Section 18.04.070 ofthe City of Aspen Municipal Code, relating to noise
suppression plans, is hereby repealed in its entirety.
Section 4:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion __
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shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
A public hearing on the ordinance shall be held on the day of
City Council Chambers, Aspen City Hall, Aspen, Colorado.
ill the
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the _ day of
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved, this _ day of
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
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John P. Worcester, City Attorney
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JPW. saved: 8I7/2007-687-G:~ohn\word\ords\Title IS.doc
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::DII:e:zn..o:ra.:n..d.............
The Cil'l olDspen
Cil'l Dnorney's Office
TO:
Mayor and Members of Council
FROM:
John P. Worcester
DATE:
August 27,2007
RE:
Ordinance Proposing Amendment to City Charter - Instant Run-off voting
and requiring 50% plus one vote to elect city council members
Attached please find a proposed ordinance for your review and consideration. This ordinance is
an altemative ordinance to Ordinance No. that is also on your agenda - scheduled for Second
Reading.
".,..,....
At your work session last Monday night Council discussed the advisability ofrequiring a
majority vote to elect council members (currently 45% plus one) if instant run-off voting was
approved by the voters. The attached ordinance, if approved, would require Council to adopt
instant mn-off voting as well as amending the City Charter to require a majority vote to elect
members of council.
If Council chooses to proceed with instant mn-offvoting and chooses to require a majority vote
for the election of members of council, you should apJlrove this ordinance on First Reading,
schedule a Special Meeting of Council for September~o consider the ordinance at Second
Reading following a Public Hearing, and not vote to approve the Ordinance No. 35 on your
agenda under Public Hearings.
Amendments to the City Charter require passage of an ordinance followed by voter approval.
Should Council adopt the proposed ordinance, the ordinance provides the language for the ballot
questions to be placed on the November ballot for voter approval.
PROPOSED MOTION: I move to adopt Ordinance No.~, Series of2007, on First Reading.
I also move to schedule a Special Meeting of the City Council for September 3, 2007, to consider
Ordinance No. a, Series of2007, for adoption following Second Reading and a Public
Hearing.
cc: City Manager
.lPW- saved: 8/21/2007-288~G:~ohn\word\memos\ballot 07 charter amend-b.doc
ORDINANCE NO. '3 J>
(SERIES OF 2007)
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING SECTIONS 2.7 AND 3.2 OF THE CITY OF ASPEN HOME RULE
CHARTER TO REQUIRE COUNCIL TO ADOPT INSTANT RUN-OFF VOTING
PROCEDURES FOR THE ELECTION OF MAYOR AND MEMBERS OF COUNCIL AND
TO REQUIRE MEMBERS OF COUNCIL TO BE ELECTED BY MAJORITY VOTE.
WHEREAS, the City Council desires to amend the City of Aspen Home Rule Charter to
require instant run-off voting procedures for the election of Mayor and members of Council, and
to require members of council to be elected by majority vote; and
WHEREAS, Article XX, Section 10 of the Colorado Constitution authorizes home rule
municipalities to amend their home rule charters through such procedures as may be enacted by
the state general assembly; and
WHEREAS, the state legislature has enacted Section 31-2-210 c.R.S. which section sets ""'"
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forth the procedures for amending a city's home rule charter requiring the adoption of an
ordinance, including a ballot title for the proposed amendment, and submission of the proposed
amendments to the electorate; and,
WHEREAS, Section 13.10 of the City of Aspen City Charter authorizes amendments to the
City Charter in the marmer prescribed by the state constitution.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL
THAT:
Section 1:
Section 2.7 of Article II of the Home Rule Charter of the City of Aspen is repealed in its entirety and
readopted to read as follows:
Section 2.7. Instant rnn-offvoting procedures.
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Page I of3
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The City Council shall, by ordinance, establish instant run-off voting procedures to be
used for the election of Mayor and members of Council when run-off elections are required
by this Charter.
Section 2:
The third sentence of Section 3.2 of Article ill of the Home Rule Charter of the City of Aspen is hereby
amended to read as follows:
At all municipal elections thereafter, the two (2) candidates receiving the highest number of
votes shall be elected for a four year term, provided that the candidate receives fifty percent
(50%) plus one vote or more ofthe of votes cast.
Section 3:
This mdinance shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
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portions thereof. ~ ~ () , r r / /~.....-/7 }:::>
SectionS: ~.../;J ~ //?~ ~~L.- Y r-::
7'"77 a 7Z;Jr-- t/ / P- V ----;;v
This ordinance shall become effective only upon approval of the electorate of the City of Aspen at
the general municipal election to be held on November 6, 2007, of the following ballot title:
{lvt'~
Instant Run-off V otin~ Council Members to be Elected by Majority Vote
Shall Ordinance No. , Series of2007, be approved to amend
Section 2.7 of the City of Aspen Home Rule Charter to require
City Council to adopt and implement instant run-off voting procedures
for the election of May or and members of Council; and to amend
Section 3.2 to require members of Council to be elected by majority vote?
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Page 2 of3
Yes []
No []
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A public hearing on this ordinance shall be held on the 3rd day September, 2007, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hal!,
Aspen, Colorado
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 13th day of August 2007. .
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
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FINALLY, adopted as amended, passed and approved this 3rd day of September, 2007.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
JPW- saved: 8/21/2007-652-G:~ohn\word\crds\charter-amd-Nov -2007-d.doc
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Page 3 of3
MEMORANDUM
TO:
Mayor and City Council
FROM:
Kathryn Koch, City Clerk
DATE:
August 30, 2007
RE:
Resolution #70 - Open Space Ballot Question
At the August 27, 2007, Council meeting, Resolution #70 was adopted as follows:
Open Space Change of Use for Hydroelectric Plant.
Shall the City of Aspen be authorized to change the use of approximately 11,774
square feet of City owned property acquired for open space purposes located
adjacent to the City's Street Department Shop on Power Plant Road beneath the
Castle Creek Bridge for the purpose of constructing a new Castle Creek
Hydroelectric Power Plant; provided that City Council replaces the property with
other open space property of equivalent or greater value as of the date of the change
in use?
Staff amended the necessary square footage due to the engineer's recommendation. The
extra square footage will be used for extension of the road and noise mitigation.
The amount of square footage required to the hydroelectric power plant is actually 27,500
square feet. City Council should make a motion to reconsider Resolution #70 and then
move to adopt Resolution #70 as amended to indicate the amount of open space to be used
is 27,500 square feet.
Open Space Change of Use for Hydroelectric Plant.
Shall the City of Aspen be authorized to change the use of approximately 27,500
square feet of City owned property acquired for open space purposes located
adjacent to the City's Street Department Shop on Power Plant Road beneath the
Castle Creek Bridge for the purpose of constructing a new Castle Creek
Hydroelectric Power Plant; provided that City Council replaces the property with
other open space property of equivalent or greater value as of the date of the change
in use?
RESOLUTION NO. 70
(Series of 2007)
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN A CERTAIN
QUESTION SEEKlNG AUTHORITY TO CHANGE THE USE OF CITY OWNED
PROPERTY ACQUIRED FOR OPEN SPACE PURPOSES FOR THE CONSTRUCTION
OF HYDRO-ELECTRIC PLANT ON CASTLE CREEK.
WHEREAS, the City of Aspen owns certain property, originally acquired with Open
Space funds, of approximately 27,500 square feet located adjacent to the City's Street
Department Shop on Power Plant Road beneath the Castle Creek Bridge; and
WHEREAS, the City Council desires to construct a new hydro-electric plant on the
site of the original City of Aspen Castle Creek Hydroelectric Power Plant; and
WHEREAS, the Section 13.4 of the City of Aspen Home Rule Charter requires
voter approval to change the use of city owned property acquired for open space purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
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CITY OF ASPEN, COLORADO, THAT;
The following question, authorizing the City of Aspen to construct a hydro-electric
plant on Castle Creek, shall be placed on the ballot at the November 6, 2007, election;
Open Space Change of Use for Hydroelectric Plant.
Shall the City of Aspen be authorized to change the use of approximately 27,500
square feet of City owned property acquired for open space purposes located
adjacent to the City's Street Department Shop on Power Plant Road beneath the
Castle Creek Bridge for the purpose of constructing a new Castle Creek
Hydroelectric Power Plant; provided that City Council replaces the property with
other open space property of equivalent or greater value as of the date of the change
in use?
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen
on the _ day of ,2007.
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G:\councillres070.hydro open space (2).doc
Michael C. Ireland, 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 on the day hereinabove stated.
Kathryn S. Koch, City Clerk
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G:\councillres070-hydro open space (2).doc