HomeMy WebLinkAboutagenda.council.regular.19990208 CITY COUNCIL AGENDA
February 8, 1999
5:00 P.M.
I. Call to Order
" II. Roll Call
III. Scheduled Public Appearances
a) Outstanding Employee Bonus Award
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT on the agenda. Please limit your comments to 3 minutes)
V.Special Orders of the Day
a) Mayor's Comments
b) Councilmembers' Comments
c) City Manager's Comments
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Resolution #9, 1999 - 1/2 cent Transit Sales and Use Tax Budget
b) Transportation Funding Requests
c) Resolution #10 1999 - Raw Water Agreement Mocklin Homeowners
d) Resolution #11, 1999 - Appointment of Finance Director Tabatha Miller
e) Resolution #12, 1999 - Authorization to Initiate Securities Transactions
f) Parking Day Pass Usage by Businesses in Commercial Core
g) Supplemental Budget Request - AACP Update Completion
VII. Public ~ ~
VIII. Action Items
5'j ~ a) Ordinance #2, 1999 ~ Code Amendment - SCI Definitions O~ 'P ~ ~/~
b) La:~ Resolution #13, 1999 - Ballot Language
IX. Information Items
X. Adjournment
Next Regular Meeting February 22. 1999
COUNCIL MEETS AT NOON FOR AN INFORMAL PUBLIC DISCUSSION, BASEMENT
MEETING ROOM
MEMORANDUM
TO: Mayor and Council
THRU: m
DATE: January 20, 1999
RE: BONUS AWARDS --FOURTH QUARTER, 1998
An outstanding employee bonus award was approved for Officer Glenn
Schaffer with the Police Department for fourth quarter, 1998, distribution.
Glenn will accept his award at the February 22 Council meeting. A copy of
the letter to Glenn along with a summary memo outlining his
accomplishments is attached.
pm
Attachments
To: Amy Margerum Jan. 26, 1999
Tom Stephenson
Patsy Malone
From: Sandy Brownlee
Re: Glenn Schaffer's Outstanding Employee Bonus Award
Glenn Schaffer's work performance at the Police department's Investigations
office has been exemplary for the past year. Glenn investigated a multi-million dollar
embezzlement which demonstrated his exceptional investigation skills. Glenn started
investigating the case when it was suspected that less than a half million dollars had
been embezzled from a local business. By the time Glenn completed his investigation,
he had established that 2.4 million dollars had been embezzled. Glenn utilized very
creative computer record keeping techniques to follow the intricate embezzled money
flow. By the time Glenn submitted the 45 page arrest warrant, he had collected over
112 packages of evidence, which was well over 5,000 singular pieces of evidence. At
the time Glenn was investigating the embezzlement case, he was also "Acting
Supervisor" for the Investigations office, which gave him many added duties to perform.
Glenn's ability to juggle multiple tasks and to manage his time was exceptional
throughout 1998. It's not often that a Police Officer investigates a criminal complaint of
the magnitude as the multi-million dollar embezzlement case, and for that officer to
build such a strong case, exemplifies a Police Officer with exceptional investigation
skills.
To: Glenn Schaffer
From: Sandy Brownlee
Marie Munday
Re: 4th Quarter Outsianding Employee Bonus Award Nomination
Dear Glenn,
Congratulations! Marie and I have nominated you for an Outstanding Employee Bonus
Award, and with Tom's approval, you have been selected to receive the Outstanding
Employee Bonus Award for the fourth quarter of t 998.
I based my nomination on the work product I have seen you produce throughout 1998
in the Investigation office at the Police dept. Your investigation in the Linda Fratis
embezzlement case was exceptional. I watched you as you pursued every lead, and
with the assistance from bookkeeper Karen Baxter, you not only built a strong case
against Linda Fratis for embezzlement but you went beyond your duties by tracking
down every cent that Linda Fratis embezzled from Boogies, which was quite a bit more
than what was first realized as stolen. You also used very creative computer record
keeping techniques in following the intricate embezzled money flow. Your case was so
strong that the Linda Fratis attorneys could not refute any of the charges.
The Linda Fratis case also came at a time when you were "Acting Supervisor" in the
Investigations office, so you had many added duties to handle, as well as your other
criminal case investigations. Your ability to juggle multiple tasks and to manage vour
time was exceptional.
Glenn, it's not often that a Police Officer investigates a criminal complaint of the
magnitude as the Linda Fratis case, and for that officer to build such a strong case,
exemplifies a Police Officer with exceptional investigation abilities. Please be at the
next City Council meeting to receive your Outstanding Employee Bonus Award on
January 25, 1999 at 5:00pm. Thank you. ~...
Sandy Brownlee
cc Amy Margerum ':.
Patsy Malone
VIS,
MEMORANDUM
TO: Mayor and City Council
THROUGH: Amy Margerm-n, City Manag~A//
DATE: February 3, 1999
RE: 1999 1/2 Cent Trnn~it Sales and Use Tax Budget
SUMMARY: Attached for your review and approval is a resolution which, if approved, would
authorize a supplemental 1999 1/2 cent transit sales and use tax budget.
This resolution and the corresponding budget reflect the decisions made by the Elected Officials
Transportation Committee at its January 14, 1999 meeting.
RESOLUTION NO. ~
SERIES OF 1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A 1999 SUPPLEMENTAL BUDGET FOR THE PITKIN COUNTY 1/2 CENT
TRANSIT SALES AND USE TAXES
WHEREAS, the Aspen City Council, the Pitakin County Board of County Commissioners
and the Town Council of Snowmass Village (the "Parties") have previously identified general
elements of their Comprehensive Valley Transportation Plan (the "Plan ") which are eligible for
funding from the Pitkin County one-half cent transit sales and use tax; and
WHEREAS, by intergovernmental agreement dated September 14, 1993, the Parties
agreed:
a. to conduct regular public meetings to continue to refine and agree upon
proposed projects and transportation elements consistent with or complimentary to
the Plan; and
b. that all expenditures and projects to be funded from the County-wide one-
half cent transit sales and use tax shall be agreed upon by the Parties and
evidenced by a resolution adopted by the governing body of each party; and
WHEREAS, in November of 1993 Pitkin County voters authorized the issuance of up to
$13,650,000 of revenue bonds for the purpose of improving the public mass transportation
system in the Roaring Fork Valley (the "Revenue Bond Authorization") if such improvements
are authorized by agreement between the Panics; and
WHEREAS, at a public meeting held on January 14, 1999, the parties considered the
1999 expenditure of $138,025 for the 1999 EOTC Entrance to Aspen work program and up to
$1,200,000 in additional funding for the Roaring Fork Railroad Holding Authority (RFRHA)
Corridor Investment Study (CIS) which will be paid back in 1999 when the proceeds from a
federal grant for this work are received; and
WHEREAS, pursuant to voter approval the use tax had to be used first for the acquisition
of the rail right-of-way and then for other transit projects; and
WHEREAS, the Parties desire to approve the attached 1999 supplemental budget with the
understanding that upon the successful acquisition of the rail fight-of-way in 1997, the one-half
cent use tax revenues became available for other transit projects on an equal footing with projects
funded by the one-half cent sales tax revenues; and
WHEREAS, the City of Aspen wishes to ratify the approvals given at the January 14
meefmg by adoption of this resolution.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Aspen,
Colorado, that the attached 1999 one-half cent transit sales and use tax supplemental budget, with
conditions, is hereby approve&
1/2% Transit Sales and Use Tax
1999 Supplemental Expenditures
1999 EOTC Entrance to Aspen Work Program $ 138,025
1999 RFRHA CIS Temporary Funding (to be repaid) $1,200,000
Total Supplemental Expenditures $1,338,025
Conditions:
a) A description of the 1999 EOTC Entrance to Aspen Work Program is attached as Exhibit
"A' and is contingent upon additional funding from the City of Aspen as described within
Exhibit "A", and
b) The additionall temporary funding for the RFRHA CIS will not be released until RFRHA has
received a letter from the Federal Transit Agency formally approving the grant for 49 USC
5309 Discretionary Capital Assistance. Further, said additional, temporary funding will only
be distributed to RFRHA in monthly task order amounts of approximately $300,000 until the
federal revenues are received by RFRHA, at which time the additional temporary EOTC
funds will be repaid by the proceeds of the federal grant.
RESOLVED, APPROVED, AND ADOPTED this 8th day of February, 1999, by the
City Council for the City of Aspen, Colorado.
John S. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is
a tree and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held February 8, 1999.
Kathryn S. Koch, City Clerk
RLR*02/03/99-hAtransp~valley\work~HLFCT99CDOC
Entrance to Aspen
Work Program Objectives
1999
Overall Work Program GoalF To give Elected Officials the option to go to the voters
in November 1999 'for authorization to build the Entrance to Aspen light rail system as
the first leg of a valleywide transit system.
I. Technical Analysis
Objective: To continue to answer questions raised by the public and Elected Officials
about the Entrance to Aspen transit system. To maintain project momentum,
responding to opportunities created by other projects in the valley, and keeping the
public involved and informed.
II. Design Refinement
Objective: To further develop a design level understanding of station areas, alignment,
rail vehicle options, landscape and urban design features, and pedestrian amenities
along the proposed transit route.
III. Financing
Objective: To answer any remaining questions about the costs, benefits and funding
opportunities for the Entrance to Aspen rail system, including capital, operating,
maintenance, user fares/fees, and lifecycle costing. To integrate and synthesize
financial information about the Entrance to Aspen link with information about the iink
from Glenwood Springs.
IV. Public Information
Objective: To bring up the level of information and awareness in the public and to
respond to questions/concerns so that upper valley residents can understand that
whatever the valley transit solution is, the ETA preferred alternative is the right answer
for Brush Creek Road to Aspen.
V. Visual Communication
Objective: To make this project tangible to people. What does it look like? How does
it "feel"? What are the alternatives? What are the opportunities to integrate an with
the transit architecture? How might a coordinated wayfinding program enhance safety
and the visitor' s experience, while remaining consistent with community character?
MEMORANDUM
TO: Elected Officials Transportation Committee
FROM: Randy L. Ready 'C~TcJ
DATE: January 14, 1999
RE: Proposed 1999 Entrance to Aspen Work Program
REVISED 1/14/99
SUMMARY: Attached is a proposed 1999 Entrance to Aspen Work Program that has been
developed based on the EOTC direction and goals discussed at your December 9, 1998 meeting.
This work program is tentatively broken into five major program elements, and the fees for each
element are shown for the EOTC and/or the City of Aspen. Based on recent feedback from
several elected officials, the work program has been restrucmred so that the EOTC funds
requested at this time are only for the work program elements considered to be most urgent and
necessary to complete by June 1, 1999. Your approval of the funding necessary for these
elements will ensure that work can begin immediately and that various graphic and informational
work products can be available in February. The EOTC can consider a work program and
funding for other less urgent work program elements at any time.
At the January 4-5 Aspen City Council Retreat, council members agreed to continue to fund with
City resources the ongoing Entrance to Aspen planning/design work that is focused on Main
Street. EOTC funding from the 1/2 cent transit sales and use tax budget is requested for the
system-wide work that is being proposed, in the amount of $138,025.
The $150,000 budgeted for Entrance to Aspen design/engineering in 1998 covered the cost of
continued consulting work to maintain project momentum and to answer many of the outstanding
questions about this project prior to a County-wide vote. Among the tasks that were covered by
the $150,000 in 1998 are the following:
Modeling the Brush Creek to Rubey Park alignment to determine end-to-end run
times, passing track locations, and maximum single track operation.
· Modifying earlier operations and maintenance plans and cost estimates to consider the
extension to Brush Creek.
· Analyzing a number of fare scenarios, including a fareless system.
· Reviewing, at a conceptual level, potential changes to RFTA bus operations in the
context of the TDP.
· Preparing technical memoranda to compare the fare scenarios and impacts on RFTA-
wide operations and finances.
· Conducting additional conceptual-level design work for trail system enhancement and
for prospective station areas including the Moore property, Airport, Buttermilk, and
Brush Creek Road to illustrate potential design solutions for optimizing both transit
operations and station integration into the community.
Representatives of the consultant team will attend your January 14 meefmg to present and discuss
the results of the 1998 work program work program with you.
The major elements and expenses for the proposed 1999 work program area as follows:
Work Program Element City of ASpen EOTC
Station Area Plan Implementation$ 9,825 $ 9,825
Visual Imaging $ 36,700 $ 36,700
Transit Art Program postpone until summer 99
Wayfinding Program postpone until summer 99 or PE
Briefing Book & Summit $ 75,739 $ 30,000
(Issue summary research and
writing, TAC consultation,
EOTC member interviews and
follow-up, 2-day Implementation
Summit, Proceedings)
Subtotal $122,264 $ 76,525
Local Expenses $18,340 $11,500
(supplies, photography, copying,
graphics enlargement, etc.)
Enhanced Public Involvement in kind $ 50,000
(slide show, web site, cd-rom,
brochure, 20 weekly newspaper FAQ
sections, consultant production
assistance)
TOTAL $141,000 $138,025
RLR-01/14/Og-h:~transp\val$ey\work~EO99WKPG.DOC
2
January 21, 1999
Randy Ready, Assistant City Manager
City of Aspen
130 South Galena
Aspen, CO 81611
Re: Entrance to Aspen Proposed 1999 EOTC Work Program -- Otak Project No.
L9281.999
Dear Randy:
The Record of Decision (ROD) for the Entrance to Aspen provides federal environmental
clearance for the two-lane parkway and light rail transit (LRT) system envisioned by the
citizens of the upper valley. Our work over the past three years has shown the
implementation of the LRT system to be both feasible and affordable. The completion in
1998 of station area plans along the alignment and an operations and maintenance
analysis for the system have done much to answer questions raised by the public and the
Elected Officials Transportation Committee.
1999 will see the construction of the Maroon Creek roundabout and kiss-and-ride facility,
reconstruction of Highway 82 between the airport and Buttermilk including the Buttermilk
transit station, and substantial progress on the Shale Bluffs project. All of these highway
projects provide short-term congestion mitigation while accommodating the long-term
solution to the Entrance to Aspen. The Glenwood to Aspen CIS/DEIS/CP (CIS) and Brush
Creek Valley Corridor Transportation Study (CTS) will also be completed by mid-year.
These two p~ojects, combined with the Entrance to Aspen ROD, provide a long-term
strategy and implementation plan for regional transit in the Roaring Fork Valley.
With a regional transit plan coming into focus and si_o~_.;~cant highway elements of the
Entrance to Aspen being constructed, the Elected Officials Transportation Committee
desires to move forward toward a vote, possibly as early as November 1999, to construct
the LRT portion of the project. This will be accomplished by initiating additional early
action items along the alignment, maintaining project momentum, responding to
opportunities created by other projects in the valley, and keeping the public informed and
involved. To this end, we at Otak propose the following major work plan elements for ^
1999: / \ ~
(970) 927-1241
Randy Ready, Assistant City Manager Page 2
Entrance to Aspen Proposed 1999 EOTC Work Program January 21, 1999
· Station Area Plan Implementation
· Visual Imaging of Alignment and Station Areas
· Issue Analysis and Public Forum
· Transit Station Art Program
· Wayfinding Program
The purpose, work to be accomplished, deliverables, and fee for each of these major
elements are outlined below in greater detail.
Station Area Plan Implementation
Purpose
Station area plans have been prepared for the Rubey Park, Monarch, 2rid and Main, 7th
and Main, Moore, Truscott (proposed), Buttermilk, Airport/AA.BC, and Brush Creek LRT
stations. Investments are currently being made in transportation and other public and
private infrastructure in these station areas. Station area plan implementation would
coordinate these activities to better leverage these investments toward achieving both
short and long-term transportation objectives.
Work to Be Accomplished
· Review station area plan documents to identify appropriate early action items, adjacent
infrastructure investment, and the public and private sector entities involved.
· Convene a station area working group comprised of appropriate staff from state and
local agencies and the private sector to coordinate activity in station areas.
· Develop a near-term (1999-2000) and long-term (2000+) implementation plan for each
station.
· Assist with negotiation of intergovernmental agreements, memoranda of
understanding, etc. as appropriate to move implementation plans forward (Note: this
item may require the commitment of additional resources).
Deliverables
· Station area working group roster and minutes
· Near-term and long-term station area implementation plans
· Negotiated agreements as appropriate
Otak Fee
· EOTC $9,825
Randy Ready, Assistant City Manager Page 3
Entrance to Aspen Proposed 1999 EOTC Work Program January 21, 1999
Visual Imaging of Alignment and Station Areas
Purpose
To take best advantage of the proposed investment in transportation infrastructure the
City, County, property owners, tenants, and adjacent neighborhoods desire a design level
understanding of each station area. To date, the station area planning effort has resulted
in mapping and architectura/renderings that convey some of the opportunity and impact of
each station. Otak will integrate our transit architecture expertise with our state-of-the-
m video imaging capability to create photo simulations of the LRT alignment and stations.
Work to Be Accomplished
· Meet with the TAC to identify specific imaging issues and opportunities.
· Interview elected officials and other opinion leaders as to imaging issues and
opportunities.
· Storyboard proposed visual images for TAC and opinion leader review.
· Modify proposed images as appropriate and prepare concept memorandum.
· Work with staff to obtain professional images of the alignment and station areas per
approved concept memorandum.
· Develop concept designs for station canopies and other furnishings.
· Develop draft photo simulations.
· Review with TAC and opinion leaders.
· Modify draft images as appropriate and submit proof images for approval.
· Produce final images.
Deliverables
· Storyboard of proposed visual images (assumes four photo simulations per each of eight
station areas)
· Concept memorandum
· Draft photo simulations (8~4' x 11")
· Proof photo simulations (8V2' x 11")
· Final photo simulations (slides and disk)
Otak Fee (does not include local photographer)
· EOTC $36,700
· City of Aspen $36,700 (separate contract)
Randy Ready, Assistant City Manager Page 4
Entrance to Aspen Proposed 1999 EOTC Work Program January 21, 1999
Entrance to Aspen Issue Analysis and Public Forum
Purpose
The EOTC and citizens of Aspen, Snowmass Village, and Pitkin County desire a greater
understanding of a variety of issues prior to making decisions related to implementing the
Entrance to Aspen. More importantly, they desire the opportunity for a public discussion
of issues and an opporturdty to interact with one another and with technical experts.
Work to Be Accomplished
· Assist the EOTC in reconvening the Entrance to Aspen Citizens Task Force
· Develop an agenda of monthly discussions of issues related to the Entrance to Aspen
· Meet with the Task Force to present a slide show on light rail transit and community
livability and review the proposed Task Force Agenda,
· Prepare a briefing book outline for Task Force members
· Draft issue summaries on the following topics:
n The Valley-wide system and minimum operable segments (phasing)
~ Growth and ridership
~ Cost and financing
n Vehicle technoIogy, including coordination with the downvalley system and
potential dual propulsion technologies
~ Main Street reconstruction impacts
~ Overhead contact system options
~ Skier movement and trans£er scenarios
~ Bus solutions vs. rail solutions
n Parking issues
n Feeder service
· Submit draft sun~r~aries to the City for review and modify as appropriate
· Compile existing information, issue s~nn~aries, and information prepared by others
(City staff, CIS team, RTA tesrn~ CTS te~r~ CDOT) related to Entrance to Aspen
implementation decision.
· Review compiled information with the City and modify as appropriate.
· Produce 25 briefing books for the Entrance to Aspen Citizens Task Force.
· Prepare and conduct six monthly programs for the Task Force, including an update on
transportation projects in the Valley, guest speakers as appropriate, a monthly issue
topic briefing, and a facilitated discussion of the monthly issue topic.
· Assist the City in advertising the Task Force meetings.
Randy Ready, Assistant City Manager Page 5
Entrance to Aspen Proposed 1999 EOTC Work Program January 21, 1999
Deliverables
· Briefing book outline
· Draft and final issue summaries
· Citizens Task Force Briefing Book (25 copies)
Otak Fee
· EOTC $30,000 (does not include guest speakers)
· City of Aspen $75,739 (separate contract)
Transit Station Art Program
Purpose
Aspen, Pitkin County, and Snowmass Village comprise a world-class destination resort
with a very sophisticated resident population. The transit system should reflect the
cultural vibrancy of the community. The integration of art with transit architecture will
personalize the landscape and allow the community to project its unique image through art
that has been specially created for the Aspen environment. Otak's distinct experience has
teamed us with mists of many communities to create integrated architectural and master
planned designs that incorporate their works. We Wfil combine our highly specialized
capabilities with the talents of the local arts community to facilitate the art process.
Work to Be Accomplished
· Work with the TAC and elected officials to identify members for an Entrance to Aspen
Art Advisory Committee.
· Conduct a workshop with the committee on art in transit.
· Working with the committee, develop a draft framework for art in transit including
goals, objectives, scopes, budgets and an oversight structure to guide the process.
· Conduct a workshop with the committee and the EOTC to review the draft.
· Revise the draft as appropriate and produce an Entrance to Aspen Art in Transit
Program document.
· Art Advisory Committee roster
· Art in transit workshops (2) for Art Advisory Committee and EOTC
. ]- ,~r, ~n~ fir r? Fn~ .....to .~ -'~ ~ -' it. Tr~'~~ P-'~c -" ~curne~s
Otak Fee
· EOTC $33,387
Randy Ready, Assistant City Manager Page 6
Entrance to Aspen Proposed 1999 EOTC Work Program January 21, 1999
Way finding Program
Purpose
During the "design dialogue~ with the community that resulted in the Main Street Design
Report and other station axea plans, many citizens expressed concern about wayfinding for
visitors. To enhance safety and the visitor's experience there should be a program for
signage and other wayfinding devices. Otak and subconsultant Douglas/Gallagher will
work with the business and local regnlatory communities to develop a wayfinding program
for the Entrance to Aspen that meets visitor and local needs and is consistent with
community character.
Work to Be Accomplished
· Working with the TAC, convene a working group of representative businesses and
regulatory agency personnel.
· Review CDOT, Pitkin County, and City of Aspen code and other regulations and
compile signage and wayfinding regulations.
· Review alignment and station designs to determine wayfinding requirements for
automobiles, pedestrians, and transit users.
· Meet with working group to review findings to date.
· Develop a draft conceptual wayfinding program for the Entrance to Aspen.
· Review with the working group.
· Conduct a workshop With the working group and EOTC on wayfinding.
· Revise the conceptual wayfinding program as appropriate and produce a final
document.
Deliverables
· Working group roster
· Memorandum documenting wayfinding regulations
· Wayfinding workshops (2) for working group and EOTC
· Draft and final conceptual wayfinding program documents
Otak & DouglaslGallagher Fee
· EOTC $45,863
Randy Ready, Assistant City Manager Page 7
Entrance to Aspen Proposed 1999 EOTC Work Program January 21, 1999
This work will be performed by Roger Millar, Ralph Tab_ran, Todd Chase, and others at
Otak with assistance from Ken Ambrosini of Douglas/Gallagher. We will commence work
on each individual task upon receipt of notice to proceed. We suggest commencing work
immediately on the Station Area Plan Implementation, Visual Imaging of Alignment and
Station Areas, and Issue Analysis and Public Forum tasks. The Transit Station Art
Program and Wayfinding Program tasks may be deferred to later in the year. The team is
prepared to commence its work at your convenience and looks forward to continuing its
relationship with the communities of the Roaring Fork Valley. Please let me know if you
would like additional detail.
Sincerely,
Otak, Incorporated
Principal
RMM:yyf
MEMORANDUM
TO: Mayor and City Council
THROUGH: Amy Margerm, City Manager
FROM: Randy L. Ready(~ '
Assistant City Manager
DATE: February 8, 1999
RE: Transportation Funding Requests
REVISED 2/8/99
SUMMARY:
This memoram/tun is to bring you up to date on requests for fund'rag from the Transportation
Fund Balance for various transportation projects following up on the direction from council at
your most recent retreat. This funding request has been decreased to reflect council comments
since the packet material was distributed.
Work Program Element
Station Area Plan Implementation $ 9;825
Visual Imaging $16,000
Issue Analysis and Public Forum $ 75,739
(Issue summary research and
writing, TAC consultation,
EOTC member interviews and
follow-up, 2<lay Implementation
Summit, Proceedings)
Revised O&M and Impact Analysis $17,000
Main Street Enhancements Analysis budgeted out of council contingency
Material Production and Distribution $ 80,000
(Video, Brochure Development, 2
City-wide mailings, other communication)
Supplies, photography, copying, $18,000
graphics enlargement, etc.
TOTAL $216,564
1
, I-e~
Council has directed staff to produce additional f'mancing and design work, visual images, and
enhanced public participation to follow up on the release of the Record of Decision in 1998..
Staff will return with work plans and budget figures for any additional design, analysis, or public
information work that Council would like to consider.
Your approval of the consent calendar at the February 8 City Council meeting will approve
funding for each of the projects outlined above, and you will see these requests on the next
appropriation ordinance.
2
MEMO
TO: Mayors and City Council ~//
FROM: Amy Margemm, City Manager
RE: Consent: Request For Funds
Coi~ncil Contingency - Grand Traverse
DATE: February 8, 1999
CC: Tabatha Miller, Finance Director
At City Council's Brown Bag luncheon today, Council asked staff to add
this item to the Consent Agenda.
If passed on Consent, $1,500 from City Council's Contingency Fund will be
allocated to the Elk Mountains Grand Traverse (Crested Butte to Aspen).
TO: Mayor and City Council
THROUGH: Amy Margerum, City Manager~j/
DATE: February 3, 1999
RE: Transportation Funding Requests
SUMMARY:
Tins memorandum is to bring you up to date on requests for funding from the Transportation
Fund Balance for various transportation projects following up on the direction from council at
your most recent retreat.
Work Program Element
Station Area Plan Implementation $ 9,825
Visual Imaging $ 36,700
Issue Analysis and Public Forum $ 75,739
assue summary research and
writing, TAC consultation,
EOTC member interviews and
follow-up, 2-<lay Implementation
Summit, Proceedings)
Revised O&M and Impact Analysis $ 42,000
Main Street Enhancements Analysis $10,000
Temp Administrative Assistance $ 30,000
Material Production and Distribution $ 80,000
(Video, Brochure Development, 2
City-wide mailings)
Supplies, photography, copying, $18,000
grapincs enlargement, etc.
TOTAL $302,264
Council has directed staff to produce additional financing and design work, visual images, and
enhanced public participation to follow up on the release of the Record of Decision in 1998.._
Staff will return with work plans and budget figures for any additional design, analysis, or public
information work that Council would like to comider.
Your approval of the consent calendar at the .February 8 City Council meeting will approve
funding for each of the projects ou~ined above, and you will see these requests on the next
appropriation ordinance.,
2
MEMORANDUM
TO: Mayor Bennett and City Council
THROUGH: Amy Margerum, City Manager ~//
THROUGH: John Worcester, City Attorney
FROM: Phil Overeynder, Water Director, and Cindy Covell, water counsel
RE: Proposed Raw Water Agreement with Mocklin Homeowners Association
LLC
DATE: February 2, 1999
SUMMARY: The Mocklin Homeowners Association LLC seeks approval of a raw water
agreement with the City. The raw water agreement requires the association to convey to the City
an irrigation fight, the Mockdin Ditch right, which will be used by the City to supply raw water
irrigation to the Mockdin Subdivision. The City will also withdraw its opposition to the pending
water court application for adjudication of the Mockdin Ditch fight. A copy of the proposed raw
water agreement is attached.
PREVIOUS COUNCIL ACTION: There has been no previous council action On this matter.
BACKGROUND: In 1996, Peter Mockdin filed an application in the water court (Case No.
96CW254) seeking a small water fight for his property inside the City limits, That property was
later approved as the Mockdin Subdivision, and the Mockdin Homeowners Association now seeks
the water right. The water source is the Cowenhoven Tunnel, and the water is requested for
irrigation uses at the Mockdin Subdivision.
The City opposed the application because of concern that its water fights might be injured if the
water fight were not prope~y administered, and also because of the City's ordinance Code Sec.
8.40.040, which provides that the City shall be the only provider of raw water within the City
limits.
The water case has been going on for some time because of another objector, and is set for trial in
March. The raw water agreement has been approved by the Mockdin Homeowners Association;
if it is approved by the City, the City will not further oppose a decree for the water right. The
water fight will be conveyed to the City, and the City will then lease the water back to the
association, in compliance with Code See. 8.40.040.
CURRENT ISSUES: The Mockdin Subdivision has been approved by the City, and is under
construction. Use of raw water irrigation comports with the City's policy of encouraging raw
water irrigation. Conveyance of the water fight to the City comports with Code Sec. 8.40.040,
and will also give the City more flexibility if it wishes to develop its own water supply from the '
Cowenhoven Tunnel to enhance instream flows. The City is presently studying this concept.
The studies are not yet complete, and it is not yet known if this will be a feasible plan. However,
should the City decide to ~eek a water fight from the Cowenhoven Tunnel, it will not encounter
objection from the Mocklin Homeowners Association if the raw water agreement is approve&.
FINANCIAL IMPLICATIONS: The City will not be required to expend funds to purchase the
water fight, and will collect its usual raw water fees from use of.the water by the Mocklin
Homeowners Association. The City will be required tO maintain the ditch from the point at
which the water exits the Cowenhoven Tunnel to the point of delivery to the Mocklin
Homeowners Association. This expense is not expected to be a significant increase to the City's
raw water system budget.
RECOMMENDATION: The Water Department recommends approval of the raw water
agreement with the Mocklin Homeowners Association LLC.
ALTERNATIVES: The City could continue to oppose the Mocklin Homeowners Association
in the water court case. Continued litigation is, of course, expensive and uncertain. Since the
matter is set for trial in March, water department time, water attorney time, and perhaps expert
witness time will be required within the next month to properly prepare for trial. I/the Mocklin
Homeowners Association is awarded a decree for the water fight, the City will then be required
to enforce Code Sec. 8.40.040 and to demand conveyance of the water fight to the City. The raw
water agreement reaches the same result with less expense, delay and uncertainty.
PROPOSED MOTION: I move the Aspen City Council approve the Raw Water Agreement
between the City and the Mocklin Homeowners Association LLC, in the form attached to this
memorandum.
CITY MANAGER COMMENTS:
CITY ATTORNEY COMMENTS:
RESOLUTION NO. [ O
(Series of 1999)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AUTHORIZING EXECUTION OF THE "RAW WATER AGREEMENT" WITH MOCKLIN
HOMEOWNERS ASSOCIATION LLC.
WHEREAS, the City Council has considered the proposed raw water agreement with the
Mockdin Homeowners Association LLC, and the comments of staff; and
WHEREAS, the raw water agreement has been signed by the Mockdin Homeowners
Association LLC; and
WHEREAS, the raw water agreement permits the City to acquire, for no additional
consideration, the Mockdin Ditch water fight (upon its adjudication), and obligates the City to deliver
raw water for the irrigation of up to 2.5 acres within the Mockdin Subdivision; and
WHEREAS, the raw water agreement allows implementation of the City's policy of
encouraging raw water irrigation; and
WHEREAS, execution of the raw water agreement comports with the City's ordinances and
water policies, and is in the best interest of the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO,
That the City Council of the City of Aspen hereby determines that execution of the raw water
agreement with the Mockdin Homeowners Association LLC, which permits the City to acquire the
Mockdin Ditch water fight following its adjudication in the water court, and obligates the City to
provide raw water to irrigate up to 2.5 acres within the Mockdin Subdivision, located within the City
limits, is hereby appmved, and the Mayor is authorized to execute the raw water agreement on behalf
of the City Council.
RESOLVED, APPROVED and ADOPTED this __ day of February, 1999, by the City
Council for the City of Aspen, Colorado.
John S. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk, 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 ,1999.
Kathryn S. Koch, City C!erk
2
CITY OF ASPEN
RAW WATER AGREEMENT
This Raw Water Agreement ("Agreement") is entered into this __ day of
,1999, by and between the CITY OF ASPEN ("City"), a home role municipality
with its principal address at 130 South Galena Sweet, Aspen, CO 81611 and the MOCKLIN
HOMEOWNER'S ASSOCIATION, LLC CMocklin"), a Colorado limited liability company with
its principal place of business at 0202 Shady Lane, Aspen CO 81611.
WHEREAS, the City currently owns, operates and maintains in accordance with the laws of
the State of Colorado and the Charter, Code, policies, and ordinances of the City of Aspen, Colorado,
the City of Aspen water system, which includes, among other things, water fights, decrees, structures
and facilities permitting delivery of raw water to various locations within and without the City limits;
and
WHEREAS, Mocklin is a homeowners association whose members own Lots 1 - 6 of the
Mocklin Subdivision; and
WHEREAS, the Mocklin Subdivision is located within the City limits, and compfises Lots
1, 2, 3, 4, 5, 6 and 7, according to the plat thereof recorded June 14, 1996 in Plat Book 39 at page
92 and the First Amendment to Plat recorded August 4, 1998 in Plat Book 45 at page 59, the
Mocklin Subdivision being herein referred to as the "Subject Property;"and
WHEREAS, Mocklin owns that certain water right described as the Mocklin Ditch, applied
for in Case No. 96-CW-254, Water Division No. 5, State of Colorado; and
WHEREAS, Mocklin is party to a License Agreement dated August 10, 1998, with the
Mocklin Condominium Association CLicensee"), which provides that Mocklin will permit the
Licensee to use a portion of the Mocklin Ditch for purposes of maintaining water level in a pond
and providing irrigation on Lot 7 of the Mocklin Subdivision; and
WHEREAS, Mocklin has agreed to convey the Mocklin Ditch to the City as herein provided;
and
WHEREAS, in return for such conveyance, the City has agreed to provide raw water to
Mocklin for irrigation, piscatorial and recreational uses on the Subject Property, as provided in this
Agreement; and
WHEREAS, this Agreement is entered into in conformity with and subject to the laws of the
State of Colorado and the Charter, Code, policies, ordinances, rules and regulations of the City;
NOW THEREFORE, in consideration of the mutual promises contained herein, and other
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. Adiudication and Conveyance of Water Right. Mocklin agrees that, upon obtaining
adjudication of the Mocklin Ditch, it will convey said water right to the City, without further
consideration, free and clear of liens and encumbrances, by bargain and sale deed.
2. License Agreement. Mocklin will obtain the consent of Licensee Mocklin
Condominium Association to this Raw Water Agreement. Said consent shall contain Licensee's
acknowledgment that the Licensee's rights under the License Agreement dated August 8, 1998 are
subject to this Raw Water Agreement, and that Licensee shall not have any rights against the City
pursuant to either the License Agreement or this Agreement.
3. Provision of Raw Water. Upon conveyance of the Mocklin Ditch to the City, the City
agrees, subject to the provisions of this Agreement, to provide to Mocklin raw water for irrigation,
piscatorial and recreational purposes on the Subject Property. Said water shall be provided in the
amounts reasonably required for reasonable piscatorial, recreational and irrigation uses, without
waste, on the Subject Property, with a maximum irrigated acreage not to exceed 2.5 acres, and
',o a maximum water delivery not to exceed 0.4 cfs, provided, however, that the City shall not be
required to provide water hereunder at such times as, and to the extent that, water is not legally and
physically available in priority to the Mocklin Ditch water right at the decreed point of diversion.
The parties understand and agree; that water requirements of the Subject Property may not
consistently be 0.4 cfs, and that the City's obligation hemunder is to provide an adequate supply of
water to meet reasonable irrigation, piscatoriai, and recreational needs, without waste, on the Subject
Property, with a maximum delivery commitment not to exceed 0.4 cfs.
The City's obligation to furnish water shall be fulfilled by delivery of water in the Mocklin
Ditch at the point said ditch enters the Subject Property. The City shall be responsible for operation,
maintenance, repair and replacement of all structures and facilities necessary to deliver water to such
location.
4. Term. This Agreement shall continue until terminated as provided in paragraph 13
below.
5. Water Supply. It is expected that the Mocklin Ditch will be used to provide water
to the Subject Property, but the City may, in its discretion, provide sufficient water from any one or
more of the water rights now owned or hereafter acquired by the City that may be lawfully used for
irrigation, piscatorial and recreation purposes on the Subject Property. If water is supplied from
sources other than the source of water supply for the Mocklin Ditch, the City shall use reasonable
care to assure that such substituted water is of a quality so as to meet the irrigation, recreation and
piscatorial uses to which the Mocklin Ditch has normally been put.
6. Payment. Mocklin shall pay an annual charge for the delivery of raw water, based
on the City's generally applicable raw water delivery rates in effect at the time the water is delivered
2
each season, and shall be billed to Mocklin by June 30 of each year for the current irrigation season.
Payment shall be made to the City within 60 days of the billing date.
7. Water Use by Mocklin. The water provided to Mocklin under this Agreement shall
be used by Mocklin for irrigation, without waste, of no more than 2.5 acres on the Subject Property.
The water may also be used to fill the existing small pond (not to exceed 1.0 acre-foot) presently
located on the Subject Pr9perty, provided, however, that if the water commissioner or other agent
of the State of Colorado responsible for enfomement of water rights advises Mocklin, the City, or
anyone using water from the Mocklin Ditch on the Subject Property that such water may not be
stored in the existing pond in the absence of a storage right or other storage decree, Mocklin shall
immediately comply with any request or order of the water commissioner or other agent of the State
of Colorado, and the City shall have no obligation to provide any water to Mocklin if and to the
extent diversions under the Mocklin Ditch have been curtailed. No water shall be used outside the
boundaries of the Subject Property.
The City's obligation to famish water shall be fulfilled by delivery of the water to the
boundary of the Subject Property. Mocklin shall be solely responsible for the cost of constructing,
cleaning, operating, maintaining, repairing and replacing all ditches, laterals, wells, sprinklers, and
other structures and facilities which enable use of the water on the Subject Property after it is
delivered by the City. Mocklin shall also be responsible for compliance with the License Agreement
with the Mocklin Condominium Association, and any other water supply agreements to which it may
be party.
8. No Right to Store, Reuse or Successively Use Water. Except as herein provided,
Mocklin shall have no right to store, reuse or make a succession of uses of the water provided
pursuant to this Agreement. Mocklin agrees that it does not, by this Agreement, acquire any interest
in water rights owned or controlled by the City, and that any claims it may have with respect to the
delivery of water hereunder are strictly contractual rights as provided in this Agreement.
The City specifically reserves the right to reuse, to the extent permitted by law, the water
which is delivered to the Subject Property hereunder. The City may apply to the water court for
permission to store, reuse or successively use, or otherwise change any of its water rights so long as
the City remains able to fulfill its delivery commitment hereunder. Mocklin shall not oppose any
such water application on the ground that this Agreement prohibits or limits such application.
9. Suspension of Water Delivery. The City shall not be liable for failure to deliver water
by reason of any unanticipated water main or line break or ditch structure breakdown or other
unanticipated structural conditions which prevent or curtail delivery, or any emergency disruption
of City water facilities. The City shall maintain and repair the Mocklin Ditch and associated
structures in accordance with its maintenance program and shall use its best efforts to resolve any
emergency situation, and to repair or replace, as necessary, any water main, line, ditch or structure
as soon as reasonably possible to assure resumption of water deliveries to the Subject Property as
soon as reasonably practicable following an emergency. Alternatively, the City may, at its option,
deliver water to the Subject Property from other sourues or locations.
3
The delivery of water under this Agreement shall also be subject to inten'uption for the
purpose of cleaning, maintenance or repair of ditches, laterals or other structures or facilities which
the City is required to clean, maintain and repair, provided that the City shall use reasonable efforts
to undertake such cleaning, maintenance and repairs between November 1 and March 31. If, in the
City's reasonable judgment, such cleaning, maintenance or repairs must be undertaken during the
irrigation season, and if such activities will result in suspension of water deliveries to Mocklin for
more than 24 hours, the City shall give Mocklin five business days prior written notice of its plans.
The City shall complete such cleaning, maintenance or repairs promptly, and with as little loss in
delivery to the Subject Property as is reasonably practicable under the circumstances.
In addition, the City may suspend delivery of water under this Agreement in accordance with
Chapter 25.28 of the Aspen Municipal Code (or any modifications, revisions or re-enactments
thereof), which provides for curtailment of water use by treated water customers in the event the City
Council determines that the City is facing a shortage in its supply of water. Although said ordinance
applies to curtailment of treated water supplies, the parties agree that implementation of this
ordinance by the City Council shall also authorize curtailment of the Mocklin Ditch as to prohibited
uses set forth in the ordinance during the time of shortage, and the penalties for violation thereof
shall be applicable to Mocklin.
10. Indemnification. As partial consideration for the rights granted to Mocklin by the
City under this Agreement, Mocklin agrees to indemnify the City and hold it, its officials, agents and
employees, harmless from any and all losses, injuries or claims of any kind whatsoever, including
all costs of defense and attorneys fees, that may arise from Mocklin's use of the water delivered
hereunder on the Subject Property, or the operation, maintenance, repair, rehabilitation or
replacement of structures or facilities used by or in connection with, or relating to the Mocklin Ditch,
by Mocklin or its agents, employees, or contractors, on or off of the Subject Property. Mocklin shall
obtain and maintain general liability insurance with carriers authorized to do business in Colorado,
which insurance shall have limits reasonably acceptable to the City, shall name the City as an
additional insured to the extent of Mocklin's indemnification obligations hereunder, and shall
provide that the City shall be given thirty (30) days notice of cancellation or termination of such
insurance. A certificate evidencing such insurance shall be provided to the City upon request. At
no time shall anything contained within this Agreement be considered or interpreted to waive or
diminish, in whole or in part, the rights or limitations bestowed upon the City by the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or any other law, nor shall
the indemnification obligation hereunder cover claims or losses or damages for which the City would
not be liable, should this indemnification provision not have been in existence.
11. Water Oualitv. Mocklin acknowledges that the water provided by the City under this
Agreement is untreated water that will be diverted directly from the Cowenhoven Tunnel, or streams
or wells, and delivered without any treatment to the Subject Property, and that the City makes no
guarantees or representations concerning the quality of the water provided, or its fitness for the uses
to which it is put. If water is supplied to Mocldin from sources other than the source of water supply
for the Mocklin Ditch, the City shall use reasonable care to assure that such Substituted water is of
4
a quality so as to meet the irrigation, recreation and piscatorial uses to which the Mocklin Ditch has
normally been put.
12. Obligations Consistent with Law. The parties agree, intend and understand that the
obligations imposed by this Agreement are only such as are consistent with state and federal law.
The parties further agree that if any provision of this Agreement becomes, in its performance,
inconsistent with state or federal law or is declared invalid, the parties shall either terminate this
Agreement or in good faith negotiate to modify the Agreement so as to make it consistent with the
state or federal law, as the case may be.
13. Termination. Except as provided to the contrary heroin, this Agreement shall only
be terminated in writing, signed by the parties (or, as appropriate, their successors in interest) and
the term of this Agreement shall continue until such termination.
This Agreement shall terminate, and be of no further force and effect, if any of the following
conditions occur:
a. a water court decree for the Mocklin Ditch is not obtained within a masonable time;
b. a water court decree is entered which does not allow the Mocklin Ditch to be used
as requested in the pending application in Case No. 96 CW 254;
c. the water that supplies the Mocklin Ditch is decreed nontributary; or
d. if, in the City's reasonable judgment, any stipulations or the decree entered in Case
No. 96 CW 254, render delivery of water to Mocklin by the City pursuant to this Agreement
physically or legally impossible, unreasonably difficult, or unreasonably expensive.
14. Default. In the event either party defaults in the performance of this Agreement, other
than the obligation to make payment for raw water delivered, the nondefaulting party shall advise
the other party in writing of such default. The defaulting party shall have thirty days from the date
of such notice within which to cure the default. In the event the default cannot reasonably be cured
within such thirty-day period, the defaulting party shall so advise the other party in writing, and shall
advise of the date by which the default can masonably be cured. In such case, the defaulting party
shall commence cure within the original thirty-day period, and shall proceed with diligence to
complete the cure. The non-defaulting party may, at its option, terminate this Agreement if the
default is not cured within said thirty-day period, or, if the non-defaulting party has been advised as
provided in this paragraph that the default cannot reasonably be cured within the thirty-day period,
the nonTdefaulting party may, at its election, terminate this Agreement if masonable steps to cure the
default are not commenced within the thirty-day period, or if the default is not timely cured by the
date for completion of cure specified by the non-defaulting party.
If Mocklin defaults by failing to make payment for raw water when due, the City may, in
addition to other romedies available to it, terminate raw water service to the Subject Property until
5
payments (including any applicable interest and late charges) are current.
Notwithstanding the foregoing, if any default occurs and is not cured as provided for herein
(if it is a default that may be cured pursuant to this paragraph), the non-defaulting party shall have
available to it all remedies at law or equity.
· 15. No Waiver of Ri ~hts or Remedies. Failure of a party hereto to exercise any right or
remedy hereunder shall not be deemed a waiver of any such fight or remedy and shall not affect the
right of such party to exercise at some future time said right or remedy or any other right or remedy
it may have hereunder.
16. Notice. All notices required to be given hereunder shall be in writing, and shall be
deemed given upon deposit in the United States mail, certified mail, return receipt requested, postage
prepaid, properly addressed to the party to whom directed at its address shown below or at such other
address as may be given by notice pursuant to this paragraph:
City of Aspen
Water DirectOr, City of Aspen
130 South Galena Street
Aspen, Colorado 81611'
City Attorney
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Mocklin
Mocklin Homeowners Association LLC
0202 Shady Lane
Aspen CO 81611
cc: Arthur C. Daily, Esq.
Holland and Hart LLP
600 East Main Street Suite 104
Aspen, Colorado 81611-1953
17. Force Maieure. No party shall be held liable for failure to perform hereunder due to
wars, strikes, acts of God, natural disasters, drought or other similar occurrences outside of the
control of such party.
18. Assignment. This Agreement may not be assigned without the written consent of the
other party hereto, which consent shall not be unreasonably withheld.
6
19. Entire Agreement. This Agreement (including the exhibit) constitutes the total
integrated agreement among the parties regarding the subject matter hereof, and supersedes and
controls all prior and contemporaneous written and oral agreements and representations of the
parties.
20. Authority of Signatories. By signing this Agreement, the parties acknowledge and
represent to one another that all procedures necessary to validly contract and execute this Agreement
have been performed and that the persons signing for each party have been duly authorized to do so.
2 I. Interpretation of Agreement. Neither the titles to this Agreement and its paragraphs,
nor the recitals appearing prior to paragraph 1 of this Agreement shall be used to alter the meaning
of this Agreement, and in the event of a conflict, the terms and conditions of the numbered
paragraphs shall govern.
22. Binding Agreement; Recording; Covenant. This Agreement is binding upon the
parties hereto, their successors and assigns. This Agreement shall be promptly recorded by the City,
and shall constitute a covenant running with the Subject Property.
23. Litigation. In the event either party is required to take legal action to enforce its
rights under this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys'
fees and costs, including expert witness fees. The parties agree that the forum for any such litigation
shall be the Pitkin County District Court.
24. Counterparts. This Agreement may be signed using counterpart signature pages, with
the same fome and effect as if all parties signed on the same signature page.
IN WITNESS WHEREOF, the parties hereto set their hands on the day and year above first
written.
Attest: CITY OF ASPEN
City Clerk By: John Bennett, Mayor
MOCKLIN HOMEOWNER'S ASSOCIATION, LLC
By:
Its:
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
SUBSCRIBED AND SWORN to before me this day of ,199_, by
, of Mock]in
Homeowner's Association, LLC
WITNESS my hand and official seal.
[SEAL]
Notary Public
My commission expires:
8
MEMORANDUM via41
TO: Mayor and City Council
THRU: Amy Margerum, City Manager ~
THRU: Steve Barwick, Assistant City Manager
FROM: Tabatha Miller, Finance Director ~
RE: Authorization to initiate Securities Transactions
DATE: February 3, 1999
SUMMARY: In order to clean up various agreements the City
has with Financial Brokers and Security Dealers, the Finance
Director, with the approval of City Council, must have authorization to
initiate the transactions associated with managing the City's funds.
Steve Barwick is also granted authorization so in the event I am not
available, the City can continue to do financial business.
The two attached resolutions grant the Finance Director and
Assistant City Manager, Steve Barwick, such authority. Although
the City Charter grants the Finance Director such powers many
companies want formal approval of that authority, for their
assurances.
Currently, we are negotiating with an investment firm, Institutional
Capital Management, Inc., to provide assistance in managing the
City's portfolio. This step is being taken to maximize our earnings
while providing security for the City's assets. We feel this is
especially important considering the amount of money we may
receive if the Iselin Park Bond question is approved by the voters in
May.
The Investment Advisory Board has been consulted on this issue and
the majority is in favor of the selection.
We will continue to update Council as this negotiation proceeds.
RECOMMENDED MOTION: Approve resolutions through consent
calendar.
RESOLUTION NO. I l (Series of 1999)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
APPROVING THE CITY MANAGER'S APPOINTMENT OF TABATHA MILLER
AS DIRECTOR OF FINANCE.
WHEREAS, Section 6.7 of the Home Rule Charter for the City of Aspen
provides that the City shall have a Director of Finance who shall be appointed by the City
Manager with the approval of the City Council and who shall serve at the pleasure of the
City Manager; and
WHEREAS, the City Council wishes to endorse and approve the appointment of
Tabatha Miller to the position of Director of Finance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, that the appointment of Tabatha Miller as Director of
Finance for the City of Aspen shall be and is hereby approve& with congratulations.
RESOLVED, APPROVED AND ADOPTED this 8th day of February, 1999, by
the City Council for the City of Aspen, Colorado.
John S. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a tree and accurate copy of that resolution adopted by the City Council of the
City of Aspen, Colorado, at a meeting held February 8, 1999.
Katkryn S. Koch, City Clerk
RESOLUTION NO.
(Series of 1999)
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF ASPEN,
COLORADO, AUTHORIZING TABATHA MILLER, THE FINANCE DIRECTOR,
AND STEVE BARWICK, THE ASSISTANT CITY MANAGER, TO EXECUTE
TRANSACTION REQUESTS WITH RESPECT TO PURCHASING, SELLING,
ENDORSING FOR TRANSFER, AND ASSIGNING CERTIFICATES
REPRESENTING BONDS AND OTHER SECURITIES NOW REGISTERED OR
HEREAFTER REGISTERED iN THE NAME OF THE CITY OF ASPEN.
WHEREAS, Section 6.7 of the Home Rule Charter for the City of Aspen
provides that the City shall have a Director of Finance who shall be appointed by the City
Manager with the approval of City Council; and
WHEREAS, the City Manager has appointed Tabatha Miller as the Director of
Finance; and
WHEREAS, Section 6.8 of the Home Rule Charter for the City of Aspen
provides that the Director of Finance shall also be the City Treasurer and keep and
supervise all accounts; receive and have custody of all monies of the City and make and
keep public records of the City; and
WHEREAS, the City Council desires to authorize Tabatha Miller, the Director of
Finance, and Steve Barwick, the Assistant City Manager, to execute transaction requests
with respect to purchasing, selling, endorsing for transfer, and assigning certificates
representing bonds and other securities now registered or hereafter, registered in the name
of the City of Aspen.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ASPEN, COLORADO:
That Tabatha Miller, the Director of Finance, and Steve Barwick, the Assistant
City Manager, are hereby authorized to execute transaction requests with respect to
purchasing, selling endorsing for transfer, and assigning certificates representing bonds
and other securities now registered or hereafter, registered in the name of the City of
Aspen.
RESOLVED, APPROVED AND ADOPTED this 8~h day of February, 1999, by
the City Council for the City of Aspen, Colorado.
John S. Bennett, 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 February 8, 1999.
Kathryn S. Koch, City Clerk
To: Mayor and Council
Thru: Amy Margerum, City Manager
Randy Ready, Assist. City Manager
From: Tim Ware, Parking Operations Manager
Date: February 3, 1999
RE: Day Pass Usage by Businesses in the Commercial Core.
SUMMARY: City Council requested that the Transportation/Parking
Department develop a policy for businesses located in the commercial core
area utilizing residential day passes. Staff proposes that effective
immediately, businesses in the core be eligible to purchase one book of
residential day passes per month at a discounted rate of 50 for $150.00
($3.00 each).
Currently there is only one long-term, on-street parking option offered to
the businesses in the commercial core. This option is for one permit to park
in the residential zones and is at a price of $300.00 every six months (the
equivalent of about $2.3 O/weekday). This option is not practical for those
businesses that may only need a vehicle once or twice a week to help
service the business.
This item is attached as an information item to your February 8, 1999
council meeting agenda. Please let staff know if you disagree with this
proposal that has been based on the citizen input and direction received at
your January 4 Brown Bag luncheon meeting. Otherwise, staff is prepared
to implement this new policy immediately, and to request your formal
adoption of this new fee as part of a'future fee ordinance.
PREVIOUS COUNCIL ACTION: Council approved the 1999 fee
ordinance which included an increase in the residential day pass fees. The
day pass increased from $3.00 ea. to $5.00 ca.
The increase was not intended to discourage local businesses that were
using this option to service their business, but to keep up with the
escalating cost of RFTA's valley bus fares, and to recognize the day pass
option as a commuter parking "last resort," for those days when carpooling
or transit would not work.
DISCUSSION: The following recommendation will help with those
businesses that do not need a vehicle for business purposes on a daily basis.
· Businesses located in the commercial core would be allowed to purchase
one book of 50 day passes for $150.00 each month. ( This is a
discounted rate at $3.00 ea. as opposed to $5.00 ca. )
· Only businesses located in the commercial core would be eligible for
this day pass discount program. (Businesses in the residential zones
continue to receive one complimentary residential parking permit.)
· Day passes must be purchased with a company check at the Parking
Office.
· This recommendation is for a one year trial period and should be
evaluated for the need to continue the program as part of the 2000 fee
ordinance process.
FINANCIAL IMPLICATIONS: This fee proposal is expected to have
very little impact on day pass revenue.
RECOMMENDATION: Staff recommends that City Council approve this
proposal for a one year trial period.
ALTERNATIVES: If Council were not to approve this proposal,
businesses would continue to have the option of purchasing day passes at
$5.00 each or of using the current business pass at a cost of $300.00 per six
months.
~/[e!llo
TO: Mayor and City Council
TItRU: Amy Margerum, City Manager
Julie Ann Woods, Community elopment DIrector
Dev ,
CC: Finance Office
FROM: Stephanie Millar, Senior Long-Range Planner ~',~
RE: 1999 Supplemental Budget Request--AACP Update Completion
DATE: February 4, 1999 '
Summary:
At the direction of City Council at their retreat in earIy January, staff is recommending that
$67,000 in funds be allocated for the following activities: the development of scenarios to aid in
the resolution of conflicts between focus areas; the development of an Economic Sustainability
Section and supporting data; additional community outreach; and the successful completion and
adoption of the plan update. In addition, the parks department is requesting $I5,000 for
concurrent initiation of the Sacred Open Space plan.
Background and Discussion:
The development of scenarios will be undertaken by staff and consultants. Mark Johnson from
Civitas, Inc. will provide graphics work and will assist staff and Barbara Cole from Community
Matters Inc. in developing the implications and tools.
The economic study will aid in the development of the Economic Sustainability section and.the
overalI AACP Update. The purpose of the study is to:
· Define and quantify what drives the Aspen area economy. As a relative percentage, how
much of the economy is construction, retail, recreation, cultural activities and so on?
· Characterize the economic implications and risks of the AACP "Scenarios" currently
being developed.
· Detail the economic and fiscal consequences of the preferred scenario.
We estimate our budget needs will be as follows:
Mark Johnson, Civitas Inc., Scenario Development $50,000
Ford Frick, BBC Research and Consulting: Economic Study $15,000
Facilitation services; community outreach $11,000
Miscellaneous expenses $ 6,000
Miscellaneous expenses include things such as food for meetings, lodging for consultants,
photocopies and advertisement.
At this time we have $35,000 available in our budget for "AACP follow-up and implementation",
with approximately $20,000 already committed to services rendered or contracted between
January 1 and the end of the month. This leaves us with a remaining need of $67,000. It is
possible that the County may be able to contribute up to $5,000 towards data gathering if
necessary.
In addition, the parks department would like to simultaneously initiate the Sacred Open Space
planning process and retain Mark Johnson of Civitas for that work. We estimate the need for
$15,000 to initiate that planning process. By doing these activities concurrently we have the
opportunity to gain some economy bet~veen the contracts.
Until we are further along with the draft, we will be unable to estimate the cost of printing. Staff
anticipates that we will need additional funds to cover printing expenses When the AACP Update
is adopted, and will approach council toward the end of this project with a request for the
projected printing costs.
Alternatives:
The alternative option is for the bulk of the physical plan will be completed in-house. We could
investigate the possibility of utilizing services from other departments such as Parks and Housing
in order to develop the draft and rely on internal staff for all facilitation and outreach. For the
economic sustainability section, staff could work with a citizen committee to develop the
economic sustainability section and we could rely on existing data without the benefit of
professional analysis.
However, staff feels that it would be unlikely that we would be able to have AACP Update ready
,for adoption on the timeline desired by council without outside assistance.
Recommendation:
Staff recommends approval of $67,000 from the General Fund balance and $15,000 from the
Parks and Open Space fund to be included in the next Appropriations Ordinance.
Revised Budget Estimate
AACP Completion
Newspaper advertisement
Half page ad (2 @ $250 per day) $500
Display/Meeting Notices $500
Public meetings (est. 2 public meetings)
food $600
Oversight Committee Meetings
Food (Est. $240 each for 2 meetings $480
w/lunch)
Consultant fees
Mark Johnson, Civitas inc., $50,000
Ford Frick, BBC Research and $15,000
Consulting
Facilitation services; community $11!000
outreach
Consultant expenses
Misc. - photo copies, long distance, $620
etc.
Lodging $1,800
Food $500
Travel $1,000
Total Estimate $82,000
Remaining1 from previous allocation $15,000
Total Requested $67,000
TO: Mayor and City Council
FROM: Christopher Bendon, Planner ~
Service/Commercial/industrial (S/C/I) zone ]District
Code Amendment -- First reading of Ordinance No. ~, Series of 1999
DATE: February 8, 1999
SUMMARY:
City Council reviewed this proposed amendment to the SCI Zone District during a
work session with the Planning and Zoning Commission in September of 1998.
Members of both the Council and the Commission provided specific direction
regarding the zoning provisions and preferred methods of implementation. In
addition, Council requested the proposed definitions associated with the zoning be
incorporated in one Ordinance. The suggested changes have been incorporated along
with the definitions.
One unresolved issue from the work session centered around architectural offices and
studios. Council has expressed interest in the following methods of addressing this
issue: 1) to not allow the use through the zoning but grandfather all existing users
until the use is vacated; 2) grandfather the percentage of the zone devoted to the use
which allows that amount of use to be transferred around within the zone; and, 3)
allow the use as either a permitted or conditional use but limit the size of a studio to
encourage small businesses.
Option 1 is the method preferred by staff as the most fair in light of the interpretation
which allowed the use within the "artist studio" definition and in light of the
Commission and Council concerns about the possible gentrification of the zone. Also,
this option would be more easily enforced. This method is included in the proposed
Ordinance. Options 2 and 3 are viable options to allow the architect use to continue
but curtail its affects on the zone district. These options, however, would create a
specific provision for architects, as opposed to any other use being grandfathered, and
would require more staff monitoring of the zone than would option 1.
Option 3 proposes allowing the use but restricting the size. There are two items for
Council to consider with this option: the size of the studio and the definition of the
studio. If Council determines Option 3 to be the most appropriate method of
addressing this issue, staff suggests limiting the size of a studio to 750 square feet.
This prevents a large design firm from overwhelming the district. Staff has proposed
two studio definitions. An "Architect Studio" would restrict the users to Architects. a
1
"Design Studio" would be more broad and allow graphic arts, landscape architects,
etc.'
Staff has proposed a "grandfathering" provision to allow all uses currently in the SCI
Zone District the ability to continue. This was the general direction expressed by
Council members. This provision allows any use, regardless of the way in which it
was established, to continue as a non-conformity if it is not specifically allowed in the
zoning.
The retail provision allows up to 25% of the floor area for retail and customer service
area for all uses unless specifically noted in the zoning (such as for building
materials). This percentage can be increased through a conditional use i'eview if the
applicant can demonstrate the extra allowance is needed and appropriate for the use.
The affordable housing provision has not changed from the previous proposal. The
FAR may be increased by an additional 1:1 for the purpose of affordable housing
within the lower Categories. And, the use remains conditional to ensure compatibility
with surrounding uses.
One suggestion made during the work session involved a yearly status report for the
zone district. This has been incorporated in the Ordinance as an activity for staff to
perform annually for a period of three years, or as extended by Council.
The attachments detail the existing and proposed zoning as well as the proposed
definitions. Staffhas not included many ofthe attachments from previous
memoranda. Upon direction from Council, staff will provide detailed comparisons or
reports on specific topic areas as needed for second reading.
MAIN ISSUES:
Architects. Staff is concerned about architects being considered within the artist
studio definition. This is somewhat vague and places staff in a position of evaluating
an architect's artistic ability rather than understanding the definitive policy from
Council.
'The Commission was mixed on this topic. Some Commissioners felt that an
architect's 'studio' was nothing more than an office taking advantage of lower lease
rates, and hence belonging in an office or commercial zone district. Others felt that
architects have a certain artistic quality to their work and have different space
requirements associated with their businesses than do other offices. The
Commissioners did all agree, however, that their biggest fear was the potential influx
of large architectural firms and that any provision for architects should not allow
related fields such as landscape architecture or engineering firms. This sentiment has
also been expressed by some Council members. Staff remains concerned a
differentiation between Architects and Landscape Architects may be construed as
arbitrary.
Staff maintains the opinion expressed by the department when the issue first surfaced
almost a decade ago. That is, "Architectural Offices" are not "Artist Studios" and
belong in the Office Zone or other zone districts where offices are permitted.
2
However, the interpretation to allow architects is "water under the bridge" and there
exists a certain fairness issue with architects who now occupy space in the zone in
good faith. As strongly as staff believes the interpretation was misguided, staff feels
equally as strong that individual tenants should not bare the brunt of that realization
and should not be made to vacate.
Staff believes the grandfathering provision in this Ordinance represents a fair
resolution of this issue while maintaining the integrity of the zone and the eventual
abatement of all non-conforming uses, including Architects. The grandfathering
provision allows current tenants to continue for the life of the business, transfer the
business to a new owner, to transfer the space to another architect or design
professional, and even to expand or move within the zone to a space currently
occupied by an architect. By default, this provision caps the amount of the zone
designated to Architects. This provision does not allow non-conforming uses to
expand or increase in intensity, and it terminates the use if vacated for more than one
year. This provision does not introduce a "heavy hand" by government, but rather
allows non-conforming uses to naturally diminish. This is the same policy applied to
non-conforming uses throughout town.
Compliance. Council is also requested to provide guidance on enforcement and to
specifically address the businesses falling into scenario #6, as described below.
Specific direction from individual Council members was to "not kick-out any
businesses from the SCI Zone." Staff has amended this compliance provision of the
proposed Ordinance to grandfather any currently existing use regardless of the way in
which it was originally established. All existing businesses in the S/C/I Zone District
will fall into one of the following scenarios with adoption of these revisions:
1. Lawfully established and conforming, unaffected by amendments.
2. Lawfully established use which becomes designated as a conditional use.
3. Lawfully established use which is deleted as a permitted or conditional use.
4. Illegally established and conforming with amendments.
5. Illegally established use which becomes a conditional use.
6. Illegally established and remaining or becoming an unapproved use.
Staff has proposed a policy to address each of these situations in the proposed
Ordinance as described below. This has been a very sensitive issue for everyone
affected: proponents and opponents, alike. These are meant to be a benchmark for the
Council to initiate discussion.
1. Each land use lawfully established prior to the adoption of this Ordinance which
remains or becomes a permitted use shall be unaffected.
2. Each land use lawfully established prior to adoption of this Ordinance which
remains or becomes a conditional use with the Ordinance shall apply for and
obtain conditional use approval from the Planning and Zoning Commission
upon expansion or other substantial change in the nature of the use.
3
3. Each land use lawfully established prior to the adoption of this Ordinance which
is deleted as a permitted or conditional use by this or a previous ordinance shall
become or remain a legal non-conforming use subject to the provisions of
Section 26.104 of the Aspen Municipal Code, as mended from time to time.
4. Each land use not lawfully established prior to the adoption of this Ordinance
which becomes a permitted use may continue with no necessary land use action.
5. Each land use not lawfully established prior to the adoption of this Ordinance
which becomes a conditional use shall be required to seek conditional use
approval from the Planning and Zoning Commission upon expansion or other
substantial change in the nature of the use.
6. Each land use not lawfully established prior to the adoption of this Ordinance
which remains an unlawful use shall become a legal non-conforming use subject
to the provisions of Section 26.104 of the Aspen Municipal Code, as mended
from time to time.
PRIMARY STAKEHOLDERS:
The legal requirement for an amendment to the text of the land use code is a notice in
the newspaper. In addition, staff identified as many businesses in the affected area as
possible and sent notices prior to each hearing. Also, members of the public were
encouraged to add their names to the mailing list to receive notices in the mail. Staff
made copies of the Commission memos available to the public prior to each hearing
and encouraged interested parties to address letters of concern to the Commission if
they could not attend the meetings in person.
APPLICANT:
City of Aspen.
LOCATION:
There are two areas in town zoned S/C/I; The Puppy Smith and Mill Street
intersection (Post Office, etc.) and the East Bleeker Street area below the Concept 600
Condominiums.
PREVIOUS ACTION:
Council previously considered this zone district amendment during a work session
with the Planning and Zoning Commission.
REVIEW PROCEDURE:
Code amendments arc recommended for approval, approval with conditions, or denial
by the Planning and Zoning Commission at a public hearing and then approved,
approved with conditions, or denied by City Council at a public hearing.
STAFF COMMENTS:
The AACP and land use regulations reflect the community's desire to,protect a sense
of place and identity. This code amendment addresses the policies and objectives of
the Housing and Commercial/Retail Action plans of the AACP.
4
Much of Aspen's character rests on being not only a resort, but a functioning town.
Critical to that feeling of 'towness' is the layering of land uses and the way in which
they support and enhance each other. Although much of the attention has
traditionally been placed upon new growth as the major factor in affecting change, it
is also the loss of locally oriented businesses and an inability to retain a "critical
mass" of the workforce in town which are major concerns.
Staff is suggesting that; if a service/industrial area of town is desired by the
community, the way to encourage those land uses is to provide regulatory incentives
and to prohibit land uses which encourage real estate speculation and intense retail
uses which may inflate lease rates above reasonable levels for the desired uses.
Important to the health and well-being of businesses in this zone is to be able to
provide employees with housing opportunities.
This area of town, however, will never be all things to all people. The community has
long determined that it will not address demand with more supply. The demand for
lower lease rates, and the pressure on this area of town to 'up-zone,' may always be
present. Staff believes the suggested provision strike an acceptable balance.
RECOMMENDATION:
Staff recommends that Council review and consider the proposed Ordinance, and then
identify and direct staff to provide the necessary information needed for the Council
to make a final decision. If Council feels this Ordinance is ready for a public hearing,
one should be scheduled.
RECOMMENDED MOTION:
"I move to adopt Ordinance No. 2. , Series of 1999 upon first reading."
ALTERNATE MOTION:
"I move to continue this first reading of Ordinance No. ~- , Series of 1999 until
,1999, and direct staff to provide the following information:
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B -- Zoning Summary
ORDINANCE N0.
(SERIES OF 1999)
AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ASPEN, COLORADO,
TO AMEND SECTION 26.28.160, THE SERVICE/COMMERCIAL/INDUSTRIAL
(S/C/I) ZONE DISTRICT, AND SECTION 26.04.100, DEFINITIONS, OF THE ASPEN
MUNICIPAL CODE
WHEREAS, the Planning and Zoning Commission expressed concerns about current and
potential future land uses in the Service/Commercial/Industrial (S/Ca) Zone District which may
be in conflict with the spirit and intent of the zone district; and,
WHEREAS, the Community Development Department (staff) realized there could
potentially be several business and land owners affected by enforcement measures and suggested
a thorough review of the S/C/I Zone District by the Commission be done first to allow City
Council the opportunity to confirm or amend the zoning before considering the most appropriate
enforcement procedures; and,
WHEREAS, the Planning and Zoning Commission initiated an amendment to the text of
Title 26 of the Municipal Code, pursuant to Section 26.92, and staff brought forward to the
Commission an analysis of the S/C/I Zone district and suggested modifications to said zoning;
and,
WHEREAS, pursuant to Section 26.92, applications to amend the text of Title 26 of the
Municipal Code shall be reviewed and approve& approved with conditions, or denied by the City
Council at a public hearing after recommendations from the Planning Director and the Planning
and Zoning Commission are considered; and,
WHEREAS, the Planning and Zoning Commission held a work session on the topic
October 2 I, 1997, opened a duly noticed public hearing on November 18, 1997, continued to
January 6, 1998, continued to January 20, 1998, continued to February 17, 1998, continued to
March 10, 1998, and then continued to March 31, 1998, to consider the existing zoning
requirements for the S/C/I Zone District along with the recommended amendments brought
forward by staff; and,
WHEREAS, the Planning and Zoning Commission, during the public hearing,
considered the overall importance of the S/C/I Zone District' s function within a traditional town
setting and within the entire inventory of zoning classifications in Aspen, considered actual land
uses within the zone district, evaluated the intent of the zone district through the "purpose"
statement, amended said "purpose" statement to clarify and reflect the goals of the zone district,
evaluated the permitted and conditional uses and dimensional requirements of the zone district,
amended said uses and dimensional requirements of the zone district to support the "purpose"
statement, and finally reviewed the proposed S/C/I Zone District amendments in summation
before making a recommendation to the Council; and,
Ordinance No. , Series 1999
Page 1
WHEREAS, during a public hearing at a meeting on March 31, 1998, the Planning and
Zoning Commission recommended, by a 4 to 2 vote, that City Council approve the amendments
to the Service/Commercial/Industrial Zone District, as described in Aspen Planning and Zoning
Commission Resolution #98-26; and,
WHEREAS, City Council reviewed and considered the recommendations of the
Community Development Director and the Planning and Zoning Commission during a work
session with planning staff and the Planning and Zoning Commission and provided staff with a
request to include new and amended definitions in the Ordinance; and,
WHEREAS, during a duly noticed public hearing at a regularly scheduled meeting on
October 6, 1998, the Planning and Zoning Commission took and considered public testimony
and recommended, by a 7 to 0 vote, that City Council approve the amendments to Definitions,
Section 26.04.100, as described in Aspen Planning and Zoning Commission Resolution #98-28;
and,
WHEREAS, the City Council finds that the amendments to the Service/Commercial/
Industrial (S/C/I) Zone District and to the Definitions section, as described herein, meet or exceed
all applicable standards and that the approval is consistent with the goals and elements of the Aspen
Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1:
Section 26.28.160 of the Aspen Mtmicipal Code, which ~ection defines, authorizes, and regulates
uses within the Service/Commercial/Industrial (S/C/I) Zone District, is hereby amended to read as
follows:
26.28.160 Service/Commercial/Industrial (S/C/I).
A. Ptlrpose. The purpose of the Service/Commercial/Industrial (S/C/I) zone district
is tO allow for the use of land for the preservation or development &limited commercial and
industrial uses which: may not be appropriate in other zone districts; do not require or generate
high customer traffic volumes; are primarily oriented to the manufacturing, repair, storage, and
servicing of consumer goods and have a limited office, showroom, retail, or customer service
area; and, to permit artist's studios as well as customary accessory uses, including affordable
residential dwelling units accessory to permitted uses.
Ordinance No. , Series 1999
Page 2
B. Permitted uses. The following uses are permitted as of right in the
Service/Commercial/Industrial (S/C/I) zone district. Except as noted below, each of the
permitted uses may have, in combination, no more than 25% of its floor area devoted to retail
sales, office, showroom, or customer service. This floor area percentage may be increased
through conditional use review by the Commission.
1. Building materials, components, and equipment, fabrication, sales, rental, repair, and
servicing with up to 100% of the floor area devoted to office, showroom, retail, or
customer service use.
2. Automobile and motorcycle repair, servicing, detailing and auto parts sales with up to
100% of the floor area devoted to office, showroom, retail, or customer service use.
3. Fabric and sewing supply with up to l00%ofthe floor area devoted to office, showroom,
retail, or customer service use.
4. Building maintenance facility.
5. Rental and repair of household appliances, equipment, and furniture.
6. Manufacture, repair, and servicing ofelectronics, computers, and telecommunications
equipment.
7. Manufacture, repair, and servicing of sporting goods.
8. Manufacture, repair, alteration, and tailoring of clothing and shoes.
9. Typesetting and printing.
10. Commercial bakery, catering service, or commerciai kitchen.
11. Architect's studio, design studio, or studio for a similar design profession, of no more
than 750 square feet, including office space.
12. Artist's Studio.
13. Rehearsal or teaching studio for the creative, performing, and/or martial arts not generally
receiving the public and with nO public performances.
14. Locksmith.
15. Post Office.
16. Animal grooming establishment.
17. Warehousing and storage.
18. Service Yard accessory to a permitted use.
19. Home occupations.
20. Accessory buildings and uses.
21. Any use established prior to adoption of Ordinance , Series 1999, subject to the non-
conforming use provisions of Section 26.104, as amended.
C. Conditional Uses. The following uses are permitted as conditional uses in the
Service/Commercial/Industrial (S/C/I) zone district, subject to the standards and procedures
established in Chapter 26.60. Except as noted below, each of the conditional uses may have; in
combination, no more than 25% of its floor area devoted to retail sales, office, showroom, or
customer service unless otherwise approved by the Commission.
1. Gas station.
2. AutomObile and motorcycle sales, rental, or washing facility.
3. Sales and rental ofelectronics, computers, or telecommunications equiPment.
· Ordinance No. , Series 1999
Page 3
4. Sales and rental of sporting goods.
5. Clothing and shoe rental.
6. Consignment sales of second-hand clothing, sporting goods, or furniture with up to 100%
of the floor area devoted to showroom, retail, or customer service area.
7. Catalogue sales store.
8. Photo processing laboratory with no showroom, retail, or customer service area.
9. Laundromat.
10. Commercial dry cleaning and laundry.
11. Recycling center.
12. Veterinary clinic.
13. Animal boarding facility.
14. Tattoo Parlor.
15. Brewery and brewing supply.
16. Coffee roasting and supply.
17. A permitted or conditional use which demonstrates the need for, and appropriateness of,
having more than 25% of the floor area devoted to retail sales, office, showroom, or
customer service.
18. Studio, one (I) bedroom, or two (2) bedroom affordable residential dwelling unit(s)
accessory to a pemiitted or approved conditional use, meeting the current net minimum
livable square footage requirements for newly deed restricted affordable housing units (as
defined by the Aspen/Pitkin County Housing Authority), located entirely above natural or
finished grade, whichever is higher, and entirely above any non-residential use within the
structure, deed restricted to affordable housing guidelines for Categories 1,2, or 3.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Service/Commercial/Industrial (S/C/I) zone district.
1. Minimum lot size (square feet): 6,000
2. Minimum lot area per dwelling unit (square feet):
Studio: 625.
1 bedroom: 875.
2 bedroom: 1,125.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard (feet): No requirement.
5. Minimum side yard (feet): No requirement.
6. Minimum rear yard (feet): No requirement.
7. Maximum height (feet): 35.
8. Minimum distance between principle and accessory buildings (feet): No requirement.
9. Percent of open space required for building site: No requirement.
10. External floor area ratio: 1:1. May be increased to 2:1 provided additional floor area is
for affordable housing use only.
11. Internal floor area ratio: No requirement.
Ordinance No. , Series 1999
Page 4
E. Off-street parking requirement. The following off-street parking spaces shall be
provided for each use in the Service/Commercial/Industrial (S/Ca) zone district, subject to the
provisions of Chapter 26.32.
1. Residential uses: Two (2) spaces/dwelling unit. One (1) space/dwelling unit is required if
the unit is either a studio or one-bedroom unit. Fewer spaces may be provided pursuant
to Chapter 26.60, Conditional Use Review.
2. All other uses: 1.5 spaces/1,000 square feet of net leasable area unless otherwise
established through special review pursuant to Chapter 25.64.
Section 2:
That the Community Development Director is directed, upon adoption of this Ordinance, to enforce
compliance with the requirements of this zoning district as follows:
a) Each land use lawfully established prior to the adoption of this Ordinance which
remains or becomes a permitted use shall be Unaffected.
b) Each land use lawfully established prior to adoption of this Ordinance which remains or
becomes a conditional use with the Ordinance shall apply for and obtain conditional use
approval from the Plarming and Zoning Commission upon expansion or other
substantial change in the nature of the use.
c) Each land use lawfiilly established prior to the adoption of this Ordinance which is
deleted as a permitted or conditional use by this, or a previous, ordinance shall become
or remain a legal non-conforming use subject to the provisions of Section 26.104 of the
Aspen Municipal Code, as amended from time to time.
d) Each land use not lawfully established prior to the adoption of this Ordinance which
becomes a permitted use may continue with no necessary land use action.
e) Each land use not lawfully established prior to the adoption of this Ordinance which
becomes a conditional use shall be required to seek conditional use approval from the
Planning and Zoning Commission upon expansion or other substantial change in the
nature of the use.
f) Each land use not lawfully established prior to the adoption of this Ordinance which
remains an unlawful use shall become a legal non-conforming use subject to the
provisions of Section 26.104 of the Aspen Municipal Code, as amended from time to
time.
Section 3:
Section 26.04.100 of the Aspen Municipal Code, which section contains definitions of terms used
in Chapter 26 of the Municipal Code, is hereby amended by the addition of the following terms and
their definitions:
Ordinance No. , Series 1999
Page 5
Architect Studio: A workshop primarily devoted to the design of buildings and
structures.
Design Studio: A workshop primarily devoted to the design or representation of built
form, landscapes, consumer products, or graphic arts.
Consignment Retail Establishment: A retail establishment in which the operator sells
second-hand goods as a third party agent between the buyer and seller.
Animal Boarding Facility: An establishment which houses animals overnight or over an
extended period of time.
Animal Grooming Establishment: An establishment principally engaged in grooming
animals in which overnight boarding is prohibited.
Veterinary Clinic: A facility maintained by or for the use of a licensed veterinarian in
the care and treatment of animals wherein overnight care is prohibited except when
necessary for medical purposes.
Recycling Center: A building or facility used forthe collection and preparation of
recyclable material for efficient shipment.
Brewery: A facility for the production and packaging of alcoholic malt beverages for
distribution which does not generally receive the public or engage in retail sales.
Coffee Roasting Facility: A facility for the processing and packaging of coffee beans for
distribution which does not generally receive the public or engage in retail sales.
Commercial Kitchen: means a commercial establishment producing or wholesaling
prepared food items in which retail dispensing is prohibited.
Sectloll 4;
Section 26.04.100 of the Aspen Municipal Code, which section contains definitions of terms used
in Chapter 26 of the Municipal Code, is hereby mended by revising the following terms and their
definitions, where the new definitions will read as follows:
Artist Studio: is a fine arts workshop of a painter, sculptor, potter, weaver, carver,
photographer, or other similar art that requires artistic skill, and not generally utilitarian,
related to personal adornment, receiving the public, or engaging in retail sales
Ordinance No. , Series 1999
Page 6
Section 5:
Section 26.04.100 of the Aspen Municipal Code, which section contains definitions of terms used
in Chapter 26 of the Municipal Code, is hereby amended by deleting the following terms and their
definitions:
Commercial Bakery: means a bakery in which there is permitted the production and/or
wholesaling of baked goods, but where over-the-counter or other retail dispensing of
baked goods shall be prohibited.
Shop Craft Industry: means any establishment producing one-of-a-kind products which
are handmade or made with limited mechanical assistance. This includes but is not
limited to cloth and basket weaving, pottery making, glass blowing, and ceramics.
Veterinary Clinic: means an enclosed facility within a building or portion thereof for the
care and treatment of animals, where boarding of healthy animals is prohibited and
adequate provisions are made to avoid any and all adverse impacts on the surrounding
neighborhood which might otherwise result from noise, odors, waste, and the like.
Section 6:
The Community Development Director is hereby directed to provide each property owner in the
S/C/I Zone District with a copy of this Ordinance.
The Community Development Director is hereby directed to provide a yearly analysis, on the
armual anniversary of the adoption of this Ordinance, of the SCI Zone District to the Planing and
Zoning Commission and the City Council as an information item for a period of three years, or as
otherwise extended by the City Council.
Section 7:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 8:
This Ordinance 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 9:
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.
Ordinance No. , Series 1999
Page 7
Section 10:
A public hearing on the Ordinance shall be held on the 8th day of March, 1999 m 5:00 in the City
Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a
public notice of the same shall be published in a newspaper of general circulation within the City of
Aspen.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on this 8th day of February, 1999.
Attest:
Kathryn S. Koch, City Clerk John Bennett, Mayor
FINALLY, adopted, passed and approved this day of ,1999.
Attest:
Kathryn S. Koch, City Clerk John Bennett, Mayor
Approved as to form:
City Attorney
Ordinance No. , Series 1999
Page 8
Exhibit A
STAFF COMMENTS: Text Amendment
Section 26. 92. 020, Standards Applicable to a Land Use Code Text Amendment
In reviewing an amendment to the text of this Title, the City Council and the Commission
shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of
this title.
Staff Finding:
The proposed code amendment intends to preserve and enhance the purpose of the zone district
by carefully defining those uses that will benefit the entire community, including affordable
housing to offset the generation of employees, and hopefully lessen the ambiguity of the current
text.
B. Whether the proposed amendment is consistent with all elements of the Aspen
Area Comprehensive Plan.
Staff Finding:
Staff believes these changes to the zone district are supported by the AACP. The Commercial
Section of this document does encourage the preservation and expansion of the S/C/I Zone
District as a plaee for local serving businesses. Preventing the departure oflocal service and
light industrial businesses by excluding uses that encourage real estate speculation and higher
lease rates is a goal ofthe greater community. ldentifying and encouraging the preservation and
development of light industrial and service uses that benefit the community may reduce the
necessity to drive downvalley. Encouraging small, private sector infill development of
affordable housing accessory to employee generating uses, located on-site, in and near desired
activity and employment centers preserves open and rural areas and sustains the "critical mass"
essential to the character of the community.
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing land use and neighborhood characteristics.
Staff Finding:
The SCI zone seems to work well in the current locations. Both areas are centrally located close
to downtown where services may be accessed by pedestrians, delivery access is convenient, and
accessory housing will be near employment opportunities, recreational resources, and convenient
to shopping. The increased amount of employee housing that can be built on-site can be
accommodated within the characteristics of the surrounding neighborhood. The amount of
residential density allowed is not anticipated to create any conflicts with surrounding land uses
and densities,
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Finding:
The proposed changes should, if interpreted and enforced correctly, generate the same number or
fewer trips. Additional housing opportunities within walking distance to employment,
recreation, retail, and essential services could reduce the need for everyday driving.
staff cornments page 1
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether and the extent to which the proposed
amendment would exceed the capacity of such facilities, including, but not limited
to, transportation facilities, sewage facilities, water supply, parks, drainage,
schools, and emergency medical facilities.
Staff Finding:
The types of uses and densities within already established urban areas are not expected to create
abnormal demands on public facilities. Development proposals may be evaluated on a
individual basis through the growth management review process.
F. VVhether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment.
Staff Finding:
The areas of the city zoned SC! are within the urban core and have been developed for some
time. Preventing downvalley migration of light industrial and service businesses and
encouraging the business owners to provide employee housing on-site may actually prevent
adverse impacts on the natural environment.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City of Aspen.
Staff Finding:
One Of the most profound differences between Aspen and other mountain resort towns is its
history as a "real" town. Although there are continual challenges to the original theme, Aspen is
not merely a real estate development accessory to a resort economy, it is a town.
Characteristic of traditional towns is a layering of land uses. Each layer serves an important
function in supporting other layers but generally cannot su?vive individually.
Extremely important to the residents of this community is the preservation of this town's
character as separate and distinct from a Vail or Snowmass Village character. While it may
seem a silly thing to celebrate, the ability to get a vacuum cleaner fixed in town is important.
The day that the vacuum cleaner repair shop becomes an upstale boutique or a second home, the
town is less Aspen and more Vail.
H. VVhether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Staff Finding:
It has been brought to the attention of staff that there may be some abuses of this zone district. It
has also become obvious to staff that any enforcement action by staff should be directed by City
Council. With the amendments, staff has attempted to encourage service and industrial uses
through limiting ~pecifically the allowed uses and providing additional flexibility in the
dimensional requirements.
I. Whether the proposed amendment would be in conflict with the public interest,
and is in harmony with the purpose and intent of this title.
Staff Findtrig:
This proposed amendment does not pose any conflicts with the public interest. Staff has tried to
identify uses which are appropriate and desirable in this area of town and further specify those
uses which may have potential off-site impacts as conditional.
staff comm'ents page 2
EXHIBIT B
SUMMARY OF USES, DIMENSIONS, AND DEFINITIONS
2.8.99
Uses Existing Proposed
Zoning Zoning
Building materials, components, and equipment P P
fabrication, sales, rental, repair, and servicing with
up to 100% of the floor area devoted to retail or
customer service use.
Building Maintenance Facility P ***** P
Household appliance, equipment, &furniture rental P P
and repair
Electronics, Computers, and Telecommunication
Equipment
manufacturing P P
Computer sales - ***** C
rental C
repair, servicing P P
Autos and Motorcycles
sales P C
rental C
repair, servicing, detailing, and auto parts sates P ***** P
washing facility P C
Sporting goods
manufacturing, repair, and servicing P P
sales and rental C
Clothing and Shoes
manufacturing, repair, alteration, and tailoring P
rental C
Animals:
Grooming P
Veterinary clinic C C
Animal Boarding C
Fabric and Sewing Supply P
Typesetting and Printing P P
Photo Processing Laboratory with no retail or C
customer service area
Commercial bakery, catering service, commercial P P
kitchen
Artist's Studio P P
Tattoo Parlor C
Architect Studio/Design Studio P *****
Consignment sales of second-hand clothing, sporting C
goods, Or furniture with up to 100% of the floor area
devoted to retail or customer service area.
Brewery & Brewing Supply C
Zoning Summary page 1
Coffee Roasting &Coffee Roasting Supply C
Rehearsal or Teaching studio for creative, C ***** C
performing and/or martial arts not genrally recieving
the public and with no public performances (dance
studio, martial arts studio)
Locksmith P
Post Office P
Warehousing and Storage P P
Service Yard P
Accessory Buildings and Uses P P
Gas Station C C
Laundromat C C
Commercial Dry Cleaning and Laundry P C
Recycling Center C
Home Occupations P P
Dwelling unit accessory to an artist studio P
Affordable dwelling unit accessory to any permitted P
Use
Free-market dwelling unit accessory to any permitted C
use other than artist studio
Studio, one (1) bedroom, or two (2) bedroom C
affordable residential dwelling unit(s) accessory to a
permitted use, meeting the current net minimum
livable square footage requirements for newly deed
restricted affordable housing units (as defined by the
Aspen/Pitkin County Housing Authority), located
entirely above natural or finished grade, whichever is
more restrictive, and entirely above any non-
residential use within the structure, deed restricted to
affordable housing guidelines for Categories 1,2, or
3;
DIMENSION EXISTING ZONING PROPOSED ZONING
Minimum lot Size 6,000 s.f. 6,000 s.f. *****
Lot area per dwelling unit: 6,000 - 9,000
s.f. lots
Studio 1000
One bedroom 1200
Two bedroom 2000
Three bedroom 3000
over three bedroom 1000 per bedroom
Lot area per dwelling unit for 9,000+ s.f.
lots
Studio 1000
One bedroom 1250
Two bedroom 2100
Three bedroom 3630
over three bedroom one bedroom plus
1000 s.f. of lot
area
Zoning Summary page 2
Lot area per dwelling unit
Studio 625
One bedroom 875 ;'
two bedroom 1125
Minimum lot width no requirement no requirement
Minimum front yard 20' from arterial no requirement
streets (Mill and
Spring), 10' from
all other streets
Minimum side yard no requirement no requirement
Minimum rear yard no requirement no requirement
Maximum height 32 feet 35 feet
Minimum distance between principal and no requirement no requirement
accessory buildings
Percent Open Space 25% no requirement
External Floor Area Ratio (FAR) 1:1 1:1. May be
increased to 2:1
provided all additional
floor area i~ for
residential uses only
Internal FAR no requirement no requirement
Off-Street parking required
Residential 1 space per 1 space per bedroom
bedroom or two or two per unit. May
per unit. May be lowered through
lower for ADUs Conditional Use
only
All other uses 3 per 1000 s.f. net 1.5 per 1000 s.f. net
leasable leasable unless
otherwise established
through Special
Review
P = Permitted Use C = Conditional Use
***** Represents items needing further discussion or staff explanation
Definitions:
Artist Studio: is a fine arts workshop of a painter, sculptor, potter, weaver,
carver, photographer, or other similar art tha~ requires artistic skill, and not
generally utilitarian, related to personal adornment, receiving the public, or
engaging in retail sales.
Architect Studio: A workshop primarily devoted To the design of buildings.
Zoning Summary page 3
Design Studio: A workshop primarily devoted to the design or representation of
built form. landscapes. consumer products. or graphic arts,
Consignment Retail Establishment: A retail establishment in which the operator
sells second hand goods as athird party agent between the buyer and seller,
Animal Boardir~g Facility: An establishment which houses animals overnight or
over an extended period of time.
Animal Grooming Establishment: An establishment principally engaged in
grooming animals in which overnight boarding is prohibited.
Veterinary Clinic: A facilitymaintained by or for the use of a licensed
veterinarian in the care and treatment of animals wherein overnight care is
prohibited except when necessary for medical purposes.
VetcrinaB.' Clinic:: means an enclosed facility within a building or portion
thereof for the care and treatment of animals, whe. re boarding of health)' animals
is prohibited and adequate provisions are made to avoid any and all adverse
impacts on the surrounding neighborhood which might otherwise result from
noise, odors, waste, and the like.
Recycling Center: A building or facility used for the collection and preparation
of recyclablematerial for efficient shipment.
Brewery: A facility for the production and packaging of alcoholic malt
beverages for distribution which does notgenerally receive the public or erlgage
in retail sales,
Coffee Roasting Facility: A facility for the processing and packaging of coffee
beans for distribution which does not generally receive the public or engage in
retail sales.
Commercial Kitchen: means a commercial establishment producing or
wholesalin. g prepared food items in which retail dispensing is prohibited.
Commercial BakeD': means a bakery in which there is permitted the production
and/or wholcsaling of baked goods, but where ovcr the counter or other retail
dispensing of baked goods shall be prohibited.
Shop Craft lndu~.try: means any establishment producing one of a kind products
which are handmade or made with limited mechanical assistance. This includes
but is not limited to cloth and basket weaving, potteD' making, glass blowing,
and ceramics.
Zoning Summary page 4
VIII b
Memorandum
TO: Mayor and Members of Council
FROM: John P. Worcester
DATE: February 8, 1999
RE: Resolution Submitting Ballot Questions to the May, 1999 Election
Attached for your consideration and review is a resolution which, if adopted, would submit to the
electorate four ballot questions in the May election.
The four ballot questions relate to the following issues:
(I) The purchase of Bass Park: The question seeks authorization to increase sales taxes and the
issuance of bonds to help pay for the park. Council needs to decide the mount of the sales tax and
the amount of the bonds to be issued. Tabatha will be present at Council's meeting on Monday with
some financial figures m help you decide these issues.
(2) Authorization to extend the .45% affordable housing and day care sales tax. As you may know,
this sales tax has an expiration date of June 30, 2000. Council should decide if it wants to place this
re-authorization question on the May ballot, or wait until November, 1999. Another decision is the
proposed expiration date. The current proposed ballot language has an expiration date of 2010, but
can easily be changed at Monday night' s meeting.
(3) Authorization to sell approximately 37 acres of the Burlin~ame Ranch for Free Market
Development. This question would seek voter approval to sell-off approximately 37 acres of the
Burlingame Ranch to the flee market to help mover some of the cost of the original land purchase.
(4) Authorization to lease a portion of the Golf Course to the Housing Authority to expand Tinscon
Place. Our City Charter requires voter approval to change the use of city owned property which was
purchased with open space. The Parks and Golf Department has suggested that the land to the East
of the existing housing complex is undemtilized and could be easily converted to expand the
existing affordable housing project. Preliminary design and economic feasibility analysis indicate
that the project could be feasible. This ballot question would obtain the legally required voter
approval to convert the land from open space uses to affordable housing.
I have not included the ballot question relating to the Parks capital improvement plan (bonding
authority) as Council is scheduled to host an Open House with the public on Tuesday to consider
the entire plan. That ballot question can be considered by Council at its February 22"a meeting.
Indeed, Council may choose to simply discuss the proposed ballot questions on the 8th and direct
staff to prepare a resolution which includes all proposed ballot questions for further consideration at
its February 22"a meeting.
ACTION REQUESTED: Motion to approve Resolution No [~ . Series of 1999; or, in the
alternative, discuss the proposed ballot questions and thereafter continue consideration of the
resolution to Council's February 22'a mtg.
cc: City Manager
Finance Director
JPW-O2/O3/99~G:\joh_n\word\memos\ballot99.doc
sox trnoN No.
(Series of 1999)
A RESOLUTION OF THE CITY COUNCIL OF THE C1TY OF ASPEN, COLORADO,
SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN CERTAIN QUESTIONS AT
THE MAY 4, 1999, MUNICIPAL ELECTION, AND SETTING SUCH BAIJ-OT T/TLES AND
QUESTIONS.
WHEREAS, the City of Aspen has entered into a Contract to Purchase certain real estate
property cornmonly known as "Bass Paris" which is conditional upon the electorate approving an
increase in the City's sales tax rate and the issuance of general revenue bonds to finance the
purchase; and
WHEREAS, the City's .45% sales tax dedicated to the support of affordable housing and
day care has an expiration date of June 30, 2000, and the City Council desires to extend the
expiration date of this sales tax to June 30, 2010; and
WHEREAS, the City recently acquired the Burlingame Ranch for the construction of an
affordable housing project and to ensure that the majority of the ranch property is maintained as
open space; and
WHEREAS, the City Council has concluded that the sale of a single free market lot would
greatly assist in recovering a portion of the cost to purchase the ranch, thereby enabling the City to
purchase other properties for affordable housing and open space purposes; and
WHEREAS, the City Council has determined that it is in the best interests of the City of
Aspen to convert approximately 2.75 acres of an undemtilized portion of the Aspen Municipal Golf
Course to expand the Tinscott Place Affordable Housing; and
WHEREAS, Section 13.4 of the Aspen City Charter requires voter approval for any change
in use of real property acquired for open space purposes; and
WHEREAS, Article X, Section 20(4)of the Colorado Constitution requires municipalities
to obtain voter approval in advance of the creation of any multiple fiscal year direct or indirect debt;
and
WHEREAS, the City Council is further authorized pursuant to Section 5.7 of the Aspen
City Charter to, on its own motion, submit questions to a vote of the electorate.
NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1.
The following question, authorizing the City of Aspen to issue general obligation bonds in
an aggregate principal amount of not to exceed ($ )
for the purchase of that real property commonly known as Bass Park; authorizing the receipt and
expenditures of bond proceeds; and, authorizing the City Council to increase the City of Aspen
sales tax rate by an amount not to exceed .34%; shall be placed on the ballot at the City's biennial
election to be held on May 4, 1~99:
CITY OF ASPEN BALLOT OUESTION - AUTHORIZATION FOR AN INCREASE IN
SALES TAXES AND THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR
THE PURCHASE OF BASS PARK:
SHAI .1. CITY OF ASPEN DEBT BE INCREASED BY UP TO MILLION
DOLLARS, WITH REPAYMENT COST OF UP TO MIllION DOLLARS,
BY THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURCHASE OF
CITY OF ASPEN LOTS D THROUGH I, INCLUSIVE, OF BLOCK 75 IN THE CITY OF
ASPEN (COMMONLY REFERRED TO AS "BASS PARK"), AND THEREAFFER TO
BE MAINTAINED BY THE CITY OF ASPEN AS A PUBLIC PARK WITH NO MORE
THAN ONE-HALF OF THE AREA TO BE USED FOR AN AFFORDABLE HOUSING
PROJECT; SAID BONDS TO BE PAID FROM REVENUES GENERATED BY CITY
SAI.F-S TAXES; AND, IN CONNECTION THEREWITH, SHAI]. CITY OF ASPEN
SALES TAXES BE INCREASED BY AN AMOUNT NOT TO EXCEED .34%; AND,
FURTHER, SHAI .1. THE CITY BE AUTHORIT-D TO RECEIVE AND SPEND THE
PROCEEDS OF SAID BONDS NOTWITHSTANDING ANY REVENUE OR
EXPENDITURE LIMITATIONS?
Section 2.
The following question, authorizing the City of Aspen to extend the .45% sales tax
earmarked for the support of affordable housing and day care from June 30, 2000, to June 30, 2010,
shall be placed on the ballot at the City~s biennial election to be held on May 4, 1999:
CITY OF ASPEN BALLOT QUESTION - ALrH--IORIZATION TO EXTEND THE
EXISTING .45% AFFORDABLE HOUSING AND DAY CARE SAI IF~S TAX:
SHALL THE CITY OF ASPEN .45% SALES TAX AUTHORIZl:E~D BY ORDINANCE~~'
No. 81, SERIES OF 1989, EARMARKED FOR AFFORDABLE HOUSING AND DAY
CARE, BE EXTENDED BEYOND ITS CURRENT EXPIRATION DATE OF JUNE 30
2000, TO JUNE 30, 2010, (THE MAXIMUM AMOUNT TO BE COLLECTED IN 2000 '~'
FROM THE EXTENSION OF THE .45% SALES TAX, CALCULATED AS THE
A~MOUNT THAT WAS COLLECTED IN 1998, IS $ )7
Section 3.
The following question, authorizing the City of Aspen to sell approximately 37 acres of the
Burlingarne Ranch to the public, shall be placed on the ballot at the City's biennial election to be
held on May 4, 1999:
CITY OF ASPEN BALLOT OUESTION - AUTHORIZATION TO SELL 37 ACRES OF
THE BURLINGAME RANCH:
sale to be used to reduce the total cost to the City of the original purchase of the Burlingame~
Ranch?
Section 4.
The following question, authorizing the City of Aspen to lease to the AsperdPitkin County
Housing Authority approximately 2.75 acres of an underutilized portion of the Aspen Municipal
Golf Course property for the expansion of the Truscott Place affordable housing project, shall be
placed on the ballot at the City's biennial election to be held on May 4, 1999:
CITY OF ASPEN BA!.LOT OUESTION - AUTHORrZATION TO LEASE
APPROXIMATELY 2.75 ACRES OF THE ASPEN ~CIPAL GOLF COL~IIEE TO
THE HOUSING AUTHORITY: ~.-'~C~_+~
3
Shall the City of ~spen be an~orized to enter into a long term lease with the Asper~itkin
County Housing Authority r approlimately 2.7~5 acres of an underutilized portion of the
Aspen Municipal Golf Course for the expansion of the Tinscott Place Affordable Housing
project?
Section 5.
The City Clerk shall take all steps necessary and proper to ensure that the election is
properly conducted as a coordinated election with the Pitkin County Clerk and Recorder in
accordance with the Uniform Election Code, Section 1-1-101, et seq., Colorado Revised Statutes.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the
day of ,1999.
John S. Bennett, 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
J~w-02/03/99-G:\joh~\word\resos\b~llot99.doc