HomeMy WebLinkAboutagenda.council.worksession.20090317
MEMORANDUM
TO: Mayor and City Council
FROM: Phil Overeynder, Utilities and Environmental Initiatives Director
THRU: Randy Ready, Assistant City Manager
DATE OF MEMO: March 13, 2009
MEETING DATE: March 17,.2009
RE: Additional Wind Energy Purchases for Aspen Electric Utility
REQUEST OF COUNCIL: Staff is requesting that Council consider two different mechanisms
to increase the amount of wind energy purchased through the Municipal Energy Agency of
Nebraska (MEAN) through an amendment to the City's 2005 contract. Staff recommends
purchasing 5,000,000 kwh of additional wind energy utilizing funds set aside to increase
renewable energy production and purchases. Staff further recommends that it sepazately purchase
the "environmental attributes" for any wind energy in months where the total available supply
exceeds the City's electric demands as explained in this memo and the attachment.
PREVIOUS COUNCIL ACTION: In Mazch 2005, Aspen entered into an agreement with
MEAN to increase wind energy purchases to approximately 28% of the electric utility's source of
supply, thereby becoming one of the leading purchases of wind energy in the nation on a
percentage basis. Council has consistently directed staff to acquire the maximum amount of
renewable energy available consistent with physical limitations (electric power must be used at
the time it is generated and the sum of all the City's power sources must equal the total demand
during a given time). Because MEAN advised that increasing the percentage of wind purchases
beyond the level of the 2005 contract would violate this principle, staff was directed to seek other
means to continue to reduce the cazbon emissions from the electric sector consistent with the
Canary Action Plan.
BACKGROUND: hi June, 2008 a work session was held including representation from Holy
Cross Energy (HCE). The City Council direction at that time was to pursue an additional wind
energy purchase to be used in connection with an "energy swap" with HCE. The concept was that
Aspen would sell hydroelectric power from the Ruedi facility to HCE, while at the same time
increasing wind energy purchases through MEAN by an equivalent amount. HCE customers in
the Aspen urban growth boundary would pay the increased cost of the wind energy for the added
renewable energy, thereby keeping Aspen electric customers "whole" while significantly
reducing Aspen's cazbon footprint. HCE had identified specific customers who were willing to
pay the increased power cost to reduce carbon emissions by purchasing the "environmental
attributes" for the hydro power.
Page 1 of 3
DISCUSSION: The HCE "energy swap" concept has become a victim of current economic
conditions. While significant progress was made by MEAN to make additional wind power
available to Aspen at favorable rates and a draft contract between HCE and Aspen was
developed, the potential buyers aze not in a position to pay the increased power cost at this point
in time. It is possible that other HCE customers within the Aspen azea may be able to commit to
purchasing additional power at some point in the future. Entities that have expressed interest in
this concept for future application aze the Aspen Valley Hospital and the Pitkin County Airport.
Based on the previous discussions during the work session with City Council and HCE staff,
staff requested that MEAN set aside 15,000,000 kwh from new wind projects located in
Nebraska and South Dakota. These wind projects began production at the beginning of 2009 and
the additional energy is available at favorable terms relative to developing a new project at
another location. Aspen has yet to commit to purchasing any of the additional wind energy that
was has been reserved for Aspen. An amendment to the existing wind energy contract with
MEAN is necessary to do so.
In December 2008, Aspen's electric rates were revised to be effective April 1, 2009.
Approximately $400,000 per yeaz from this additional revenue source has been directed towards
increasing renewable energy use for the electric utility. Staff is requesting that City Council
consider if it wishes to move forwazd to purchase some or all of the allotment set aside by
MEAN for Aspen's electric utility using a portion of this additional rate revenue. This would
differ from the original plan discussed during the June work session both iri terms of the amount
of wind energy and because there would be no reimbursement of increased cost by a third party
located in HCE's service azea.
Limitations on Purchasine Additional Wind Enemy Discussions between MEAN staff
and City Council during the 2005 negotiations on the existing wind energy contract focused on
purchasing the maximum practical amount of wind energy, consistent with the requirement to
use the energy when it is produced. Because we now have three yeazs of actual experience with
the availability of wind versus the timing of the electric system demands, it is possible to give a
more accurate picture of the maximum purchase consistent with this limitation. The attached
memo form MEAN explains two different mechanisms to deliver additional wind at purchase
levels of 5,000,000 or 10,000,000 kwh.
Relationship to Greenhouse Gas Goals. Aspen's electric utility has made substantial
progress towards reduction of its greenhouse gas emissions. The 2004 emissions inventory
identified 39,571 tons of CO2 emissions for the electric utility. The 2007 emissions inventory
identified 19,091 tons of CO2. Because Aspen's goal has been to reach a cazbon neutral utility,
funds were budgeted to further increase renewable energy purchases and production (refer to
Financial Impacts discussion below). At the recommended 5,000,000 kwh purchase level, the
total electric utility CO2 emissions would be reduced by an additional 19%.
Purchase of Environmental Attributes. Aspen's past policy when purchasing energy has
been to purchase both the energy and "environmental attributes" as a bundled commodity. The
MEAN proposal (attached) has two options for dealing with time periods when the available
Page 2 of 3
wind energy is higher than Aspen's demand for electric power. Option 1 continues the existing
policy of buying the entire bundled (energy and "environmental attributes) commodity, but at a
higher cost to Aspen than Option 2.
FINANCIAL/BUDGET IMPACTS: The 2009 budget for the electric fund included both
revenue and expenditures for the HCE "energy swap". An additional $675,000 was appropriated
for increased wind energy purchases from MEAN. An additional $825,000 in offsetting revenue
was budgeted from the proposed sale to HCE. Also beginning with the 2009 budget year,
$412,000 was budgeted as the annual expense necessary to reduce the remaining greenhouse gas
emissions of the electric utility to zero. Because the HCE energy swap will not be completed,
neither the revenue nor the expense from that contract will be realized. If Council accepts staff
recommendation to amend the wind energy contract with MEAN to purchase an .additional
5,000,000 kwh of wind energy annually, it would utilize roughly $100,000 of the $412,000
budgeted to green the electric resource mix.
ENVIRONMENTAL IMPACTS: If Council accepts the staff recommendation for 5,000,000
kwh of additional wind energy, existing C02 emissions from other MEAN power sources will be
reduced. Using 2007 emission factors for MEAN's power sources, the estimated reduction in
emissions would be 3558 tons C02 per yeaz. By comparison, the estimated emission reduction
for the proposed Castle Creek hydroelectric plant (using higher 2004 emission factors) was
estimated as 5167 tons C02 per yeaz.
RECOMMENDED ACTION: Staff recommends that we pursue option 2 as detailed in the
attachment from MEAN and request that staff be directed to return with a detailed contract to
purchase an additiona15,000,000 kwh of wind energy per year.
ALTERNATIVES: Two different levels of wind energy purchases are available and aze
described in the attachment. If the higher (10,000,000 kwh) purchase level were adopted, it
would require a higher percentage of the funds set aside for renewable energy development. If
this option were chosen, it is possible that plans for some of the locally developed renewable
energy (geothermal, photovoltaic, micro-hydro, hydrogen generation, etc.) would be precluded
due to budget limitations. Also increasing to the higher level would mean that approximately
43% (versus 35% for the recommended purchase) of the total energy requirements would consist
of wind energy. This level of commitment to a single energy source raises concerns about
whether the "energy portfolio" contains the right mix of energy sources to minimize risk if future
problems aze encountered in a given energy sector.
CITY MANAGER COMMENTS:
ATTACHMENTS: February 19, 2009 Additional Wind Energy Purchase Proposal from MEAN
Page 3 of 3
Aspen, CO
Additional Wind Purchase
Discussion/Options
February, l9, 2009
Backeround/historv
Aspen, CO is a Service Schedule M participant of the Municipal Energy Agency of
Nebraska (MEAN) and receives their total energy requirements (above their WAPA
allocation, Ruedi output and Maroon Creek output) from MEAN.
Currently Aspen purchases 18,075 MWh of wind energy annually from MEAN and has
expressed a desire to increase their wind purchase from MEAN. Tn consideration of this
request, MEAN ran power supply costs analyses using assumptions for loads, Ruedi
output and Maroon Creek output based on 2008 data, and with varying levels of
additional wind energy purchases.
The results of the power supply cost analyses revealed that at certain levels of additional
wind energy purchases, there are some months in which Aspen would be purchasing
wind energy in excess of their needs. '
OptlonS
To address the issue of Aspen's potential wind energy purchases in excess of their needs,
MEAN is proposing two options to Aspen:
Option 1-Additional end Energy plus "MEAN buy back"
Aspen would purchase a desired level of additional wind energy at the then current
MEAN wind energy rate (currently $46.00/MWh). If Aspen's wind purchases would
exceed their supplemental energy requirements in a particular month, MEAN would "buy
back" the excess energy not needed to serve Aspen's load at the then current MEAN base
energy rate with credit given in the respective month of occurrence. Aspen would retain
the environmental attributes associated with all of the wind energy purchased, including
the environmental attributes associated with the portion of energy sold back to MEAN.
An example of Aspen's purchase under Option 1 based on 5,000 MWh/yeaz of additional
wind energy is below:
Pe tember 2008
S kWh
_
Aspen Total Energy Requirements 4,621,257
Less Maroon Creek (219,634)
Less Ruedi (2,459,566)
Less WAPA allocation (374,770)
Less current Wind purchase (1,386,015)
Less additional Wind purchase 392 333
Net Energy Requirements (211,061)
Under this scenario, MEAN would "buy back" the 211,061 kWh of energy not needed to
serve Aspen's energy requirements. The credit would be calculated as follows:
Excess wind energy (kWh) 211,061 x $.0156« _ $3,292.55
~~~ MEAN's current summer base energy rate $/kWh.
Option 2 -Additional Wind Energy plus Environmental Attributes
Under Option 2, Aspen would purchase additional wind energy at a level which MEAN
feels would prevent Aspen from purchasing wind energy in excess of their energy
requirements. Based on the analyses discussed above, the level of additional wind energy
purchases suggested by MEAN is approximately 2,200 MWh per year. Aspen could then
also purchase environmental attributes in order to reach their desired level of additional
renewable energy attributes. Aspen's purchases under Option 2 based on 5,000
MWh/yeaz of additional wind "resources," would look as follows:
Additional wind energy purchases from MEAN 2,200 MWh
Environmental attributes purchase 2,800 MWh
Total additional wind "resources" 5,000 MWh
MEAN will continue to work with Aspen in its desire to add renewable energy to their
resource mix, and has apportioned an allocation of wind resources to meet Aspen's goals
immediately.
The options outlined above aze for discussion purposes only and should not be considered
to be binding offers. The terms of any formal agreement regarding an additional wind
energy purchase by Aspen would be those set forth in a definitive written agreement
signed by Aspen and MEAN.
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MEMORANDUM
TO: Mayor and City Council
FROM: April Barker, Stormwater Manager, Engineering
THRU: Scott Miller, Capital Asset Director
Trish Aragon, P.E., City Engineer
DATE OF MEMO: March 9, 2009
MEETING DATE: March 17, 2009 Work Session
RE; Aspen Skiing Company's (Ski Co) Appeal for Relief from
Stormwater System Development Fee
REQUEST OF COUNCIL: Staff requests that Council not approve Ski Co's appeal for relief
from the $48,758 stormwater system development fee that they paid in Apri12008 for the
redevelopment of Gondola Plaza.
PREVIOUS COUNCIL ACTION: Council requested to heaz Ski Co's appeal at the February
24, 2009, Council Work Session.
BACKGROUND: The Stormwater system development fee is defined and codified in the City
of Aspen Land Use Code Chapter 25.18 (Attachment A -Land Use Code Chapter 25.18). A
system development fee of $2.88 per squaze foot of total impervious area is assessed against all
properties that develop or redevelop more than 500 square feet of impervious azea. This fee was
implemented in 2007.
Ski Co was required to pay $48,758 in April 2008 for redevelopment of Gondola Plaza. The
work in this area removed and replaced 15,810 squaze feet of impervious area and added 1,120
square feet of new impervious area (Attachment B -Calculation of Fee).
In January, Ski Co sent a letter to the City Manager requesting relief from the system
development fee (Attachment C -Ski Co Request for Relief, Attachment D -Staff Rebuttal to
Reasons for Appeal). The City Attorney reseazched City Code and determined there is no appeal
process in place for the Stormwater System Development Fee section of the Code.
DISCUSSION: Staff feels that Ski Co should not be relieved from this fee for the following
reasons:
1. Section 25.18.010 of the Code ,defines "development" as the addition of at least 500
square feet of impervious azea. The Stormwater system development fee is assessed
against all properties at the time of development or redevelopment of at least 500 squaze
feet. Approximately 1,120 squaze feet of impervious azea was added and 15,810 squaze
Page 1 of 3
feet of impervious area was redeveloped during the work done at Gondola Plaza, which
meets both criteria set forth in the Code (though only one criteria must be met).
2. The current stonnwater system is undersized for the amount of development currently in
the city and is not meeting the water quality goals of the stonnwater program. The
system development fee is the means for upgrading and improving that system.
3. The City has not offered relief or an appeal process to any other developments that have
paid a stonnwater system development fee.
Ski Co argues that the work done at Gondola Plaza was a roof repair, as there is occupied space
under gondola plaza, and that the magnitude of the fee seems to discourage repair and
redevelopment. They also state that there is no new impact to the stormwater system and that, at
the time of fee payment, we could not provide a plan for how the fees would be used. They felt
that it would be appropriate and beneficial to use the fee towazds site-specific stormwater
improvements.
Staff s response to these items:
1. Even if Ski Co was simply repairing the roof (though Gondola Plaza looks very
different and serves more functions than a typical roof) approximately 1,120 square
feet of impervious azea was added during the renovations. One of the criteria for the
fee is the addition of more than 500 square feet of impervious area.
2. The intent of the fee is not to discourage development or redevelopment but rather to
recover costs to repair and improve stonnwater management in the City.
3. Staff is prepared to provide a plan, timeframe, and other details for the use of this fee
towazds stormwater improvements in the azea of Gondola Plaza.
FTNANCIAL/BUDGET IMPACTS: Ski Co is requesting relief (refunding) of $48,758. This
amount was collected in 2008 and would be removed frorrt the Stormwater Capital Budget for
2009. This impact to the budget will be realized in the capital projects planned for improving the
downtown stormwater system.
ENVIRONMENTAL IMPACTS: Returning $48,758 to Ski Co from the Stonnwater Capital
Projects budget will decrease the funding available for system upgrades and Clean River
Initiative projects planned to improve dischazges to the Roaring Fork River. The stormwater
system downstream of Gondola Plaza needs to be upgraded in material and capacity. This
portion of the system dischazges into Rio Grande Park, which is being redesigned for water
quality improvements similar to Jenny Adair wetlands. Decreasing funding for these projects
can potentially decrease the City's ability to remove pollutants from storrnwater and therefore
increasing the pollution in the Roaring Fork River.
RECOMMENDED ACTION: Staff requests that Council does not approve Ski Co's appeal
for relief from the $48,758 stormwater system development fee that they paid in Apri12008 for
redevelopment of Gondola Plaza.
PROPOSED MOTION: Move to not approve Ski Co's request for relief from the $48,758
system development fee assessed against the Gondola Plaza site redevelopment.
Page 2 of 3
CITY MANAGER COMMENTS:
ATTACHMENTS:
Attachment A -Land Use Code Chapter 25.18
Attachment B -Calculation of Fee
Attachment C -Ski Co Request for Relief
Attachment D -Staff Rebuttal to Reasons for Appeal
Page 3 of 3
(b) Subject to the approval of the utilities Director based on previous credit history with the City
utilities, the owner of the premises on which the water is used may approve waiver of their tenant's deposit
requirement by completing an application which informs the owner of the possibility of a lien upon the
premises for unpaid bills, pursuant to Section 25.04.090 above.
(c) These deposits will be held by the utilities Director until service is discontinued and final service
bills aze paid and will accrue interest at five percent (5%) per annum starting thirty (30) days after receipt of
the monies until the date of disconnection. Retum of the unused portion of the deposit plus interest will be
made within forty-five (45) days from date the final billing is issued. (Code 1971, §23-110; Ord. No. 27-1985,
§1; Ord. No. 68-1994, §15; Ord. No. 57-2000, §8)
Chapter 25.18
STORMWATER SYSTEMS
Sec. 25.18.010. Definitions.
For the purposes of this Title, certain words or phrases aze defined as follows:
Development. The proposed development creates at least five hundred (500) squaze feet of new
impervious area.
Redevelopment. The proposed development disturbs at least five hundred (500) squaze feet of the
existing impervious azea. (Ord. No. 22, 2007, §1)
Sec. 25.18.020. stormwater system development fee.
(a) A stormwater system development fee shall be assessed against all properties at the time of
development or redevelopment of the property. The fee shall be assessed against the total impervious area of
the development, not simply the increased impervious area, minus the amount of any stormwater system
development fee actually previously paid by the landowner or the predecessor of the landowner for connection
to the stormwater system. The system development fee shall be two dollazs and eighty-eight cents ($2.88) per
square foot of total impervious azea.
(b) The calculation for the credit to be given for property on which the structures aze substantially
remodeled or rebuilt shall take into account the amount actually paid for stormwater system development fees
in the records as maintained by the City. (Ord. No. 22, 2007, § 1)
Chapter 25.20
MISCELLANEOUS PROVISIONS
Sec. 25.20.010. Tampering with meter prohibited.
It shall be unlawful for any person to tamper with any water meter installed on any service connection
on the water mains of the City or to place, install or put on or near any such meter any instrument or device
which will affect the operation thereof or the reading thereof. It is further declared to be unlawful to interfere
with or prevent the Superintendent or any employee of the City from examining and reading any such meter.
(Code 1971, §23-150; Ord. No. 27-1985, §1)
Sec. 25.20.020. Wasting of water prohibited.
.,
Page 1 of 2
Message ~~~{/~
Trisha Nelson
From: Kiley, Chris (CKiley@aspensnowmass.com]
Sent: ~ Thursday, April 10, 2008 9:53 AM
To: Trisha Nelson
Subject: FW: F~cisting and proposed sq.ft. plaza
Trisha; the total area of the work at the gondola plaza is 16,930 sf as noted below from my engineer. Can you
verify that the Stormwater Fee that I will be paying (under duress, as you and I have discussed) is calculated as
follows:
16,930 sf x $2.88 Isf = $48,758
thanks,
Chris
----Original Message-----
Fram: Dunbar, Christopher [mailto:cdunbar@wje.com]
Sent: Tuesday, December 18, 2007 4:22 PM
To: Kiley, Chris
Subject: RE: Exlsting and proposed sq.ft. plaza
Chris,
My numbers indicate that the total area of the proposed work is approximately 15,810 sf. The newly added paved
area is approximately 1,120 sf.
Chris
From: Kiley, Chris [maiito:CKiley@aspensnowmass.com]
Sent: Tuesday, December 18, 2007 8:58 AM
To: Dunbar, Christopher
Subject: Existing and proposed sq.ft. plaza
Chris, I need this info in order to submit my land use application. Piease provide this AM.
thanks
a
4/10/2008
>~~~ ~
SNOWMAS5 ASPEN MOUNTAIN ASPEN HIGHLANDS BUTTERMILK
Steve Barwick
City Manager
City of Aspen
130 S. Galena Street
Aspen, CO 81611
January 16, 2009
ASPENC~SNOWMASS.
ASPEN SKIING COMPANY
RE: Little Nell GondolaPlaza remddel, 601 East Dean, Aspen Co.
Building Permit # 0006.2008.AC$U
Dear Steve;
I am requesting relief from the $48,758 Stonnwater System Development Fee that
was imposed on. the gondola plaza roof repair project by the City engineering -
Department ~d'he Storinwater Systerri~Devel'opment..Fee-is:descrtbed.in City of:'
Aspen Land.:J.fselCode;Sea. 25 :t.8:1~f11~Definitions and 25.18.020 Stormwater
5ystemd3evelapment~eer. ,..::r}: ia', : ^r r;: , ,: -, . ,.... _ .. .,~.
'S'; is c. ~" 9:`.'Fi~ii t~; :°+Eii , ~.}t! . > ~ ;'; , ~ - .::.,: ~. : ',' :: ::... ._
We paid tkus feeuv~full to:the Citprn,Apri] of 2008 in prder<to receive.our. , '
building permiY'for, the above referenced repairs.: As. there does not appeaz to be a
defined appeal procedure for this new fee, we aze appealing to you as per Sec.
25.08.010 City of Aspen Water Utility Operation and Control.
Our reasons for appeal aze as follows:
1. O.ur project was undertaken specifically to repair the longstanding and
worsening leaks into Hie occupied space below the upper gondola plaza.
In order to repair the leaks, we had to remove and replace the entire
16,930 sq.ft. of impervious surface area. To this end the project is an
emergency roof repair, which does not appeaz to be a targeted activity for
the Stonnwater System Development Fee. We aze resurfacing the top of
an existing structure.
2:.!.We.do notbelievethat the intent a€this fee is.to discourage repair and
_ ,,:tgr}evelapment; }!etthe;nagnitude:o£~us;fee serves.to do:exactlythat. We
are making expenditures in excess of $3.OM to improve the privately-
;;;; ze:::,.oycmed;~puhliely=accessible plaza and feel that this fee serves to penalize
' ~, ,: vs foz.making~these improverstents,-~:::~ : ~.::%; . ;; :::..;>;: , "~ :,
~::ai3i: The'gondolaplazahasBeen'connectedto.the,existingstor,~nwatersystem
~. , for~over 20 yeazs, and this project does not result in at~y additional impact
P.O. Box 1246
Aspen, CO 61632.1248
9T0.92S•1220
® mmea a Rge.a not
pww.aspensnewmass.csm
on the system. There is no nexus between our current work and
stortnwater system impacts.
4. Credit is allowed for stormwater system development fees previously
paid, yet City records do not hidicate that the gondola plaza was
previously ]evied a stormwater system fee, providing the appearance that
the City is attempting to garner fees in arreazs for this project.
5. At the time of fee payment, the City Engineering Department could not
provide a plan, timeframe, or any other detail regazding how these fees
will be utilized, or whether they will even be earmarked for stormwater
system improvements. Given the project's location at the base of Aspen
Mountain and the Little Nell slope, it seems that a contribution from the
Applicant towards site-specific improvements to the stormwater system
infrastructure would be more appropriate and would benefit both the
Applicant and'the City of Aspen.
forward to reviewing our appeal request with you at your eazliest
submitted,
Aspen Skiing Company
cc. David Bellaclc, Aspen Skiing Company
A-~-ut,~nvv~~l- D
Response to Appeal dated January 16, 2009 ~
RE: Little Nell Gondola Plaza remodel, 601 East Dean, Aspen CO
Building Permit #0006.2008.ACBU
1. Approximately 1,120 sq.ft. of impervious area was added during the renovations. Section
25.18.010 of the Code defines "development" as the addition of at least 500 sq.ft. of impervious
area. The stormwater system development fee is assessed against all properties at the time of
development.
2. The intent of the fee is not to discourage development or redevelopment but rather to recover
costs to repair and upgrade the City's stormwater system.
3. The current stormwater system is undersized for the amount of development currently in the
city and is not meeting the goals of the stormwater program. The system development fee is
the means for upgrading that system. The work completed on Gondola Plaza in 2008 added
1,120 sq.ft. of impervious area.
4. The stormwater system fee was not implemented until 2007 and therefore no fees were paid by
any development until that time.
5. The City is prepared to provide a plan, timeframe, and other details about how this fee will be
used for stormwater system improvements.
THE CORY f1F ASPFR
MEMORANDUM
TO:
FROM:
DATE:
MEETING DATE:
RE:
Mayor and City Council pp~~~
R. Barry Crook, Assistant City Manager Imo'
March 13, 2009
March 17, 2009
City of Aspen offer to Burlingame homeowners for
Phase 2 development
Backeround:
Over the course of the last year or so, various citizen groups have weighed in on how the City
should approach the fmal build-out at Burlingame. The Citizen Budget Task Force appointed by
the City Council recommended that the City increase the density so that the valuable land
resource was more efficiently utilized. A Construction Experts Group, appointed by the City
Manager, recommended a number of things about the next phase of construction -including
increasing the number of units from 236 to 293, standazdizing unit sizes so as to avoid the cost of
multiple designs and construction vaziances associated with small changes in unit sizes driven by
sales category, the use of modulaz construction instead of "stick built", and a different approach
to the design-build process.
After hearing these recommendations, the City Council put an advisory ballot proposition on the
November ballot and the voters by some 56% indicated a preference for building out Burlingame
at "up to 300 units" over the 236-unit plan.
We have been ui negotiation with the Burlingame Condominium I HOA board since January
over a proposal to increase the unit count. We have presented the City's final offer to them and
aze in substantial agreement with them on most issues, except for the final unit count and number
of single family home sites. The current Declazations require a 100% vote of approval from the
homeowners in order to amend the sections that determine total unit count.
Previous Council Action:
On July 28, 2008, under Resolution 69-2008, the Council accepted and adopted the
recommendations from the Citizen Budget Task Force regazding the Affordable Housing Program
and planning for Burlingame Phases 2/3.
1
Discussion:
In general our proposal to the Burlingame homeowners is:
• A total of 272 total units, of which there would be 21 single family lots (the 6 already sold
and the other 7 lots in Phase 1; and an additional 8 lots in Phase 2).
^ The elimination of the $60 per month transit/mobility fee that is part of each unit's monthly
assessment -this would presumably reduce their monthly assessments by $60. We would
also eliminate. the free membership in the CazShaze program and the free Dial-a-Ride that is
part of what that fee covers, but would continue to place a CazShaze vehicle at Burlingame
(and probably add up to 2 more vehicles as Phase 2 is completed).
^ As of Mazch 151, the HOA is behind on its obligation to remit the mobility fee money to the
City by slightly over $65,000; if our proposal is approved we would forgive that debt.
^ The pazking ratio that governs the number of pazking spaces would be raised from 1.67 to 2.0
(which would include loading zone spaces and guest parking spaces at a ratio of 1 to every 4
units) and control of the pazking program would be fumed over to the HOA. For Phase 1, we
would construct, at our expense, an additional 28 pazking spaces and add 55 spaces to the
272-unit plan in Phase 2. If the HOA determined to continue with the pazking rental program,
those rental revenues would be theirs to keep (currently the declazations provide that the City
receive those revenues -although no revenues have been turned over to the City to-date) - if
the HOA decides to make those spaces free, they will be free to determine how-to allocate
those additional spaces.
^ If the HOA gathers the agreement of all adjacent property owners, easement holders and open
space boards to amend the dog restrictions, the City Council is prepared to consider
amending the necessary documents and agreements to lift that restriction in accordance with
the HOA's proposal and enforcement plans.
^ Under the terms of the Declazations, the purchaser of each unit should have made a capital
reserve contribution to the Condo 1 association and to the Master HOA. These fees ($300 to
the Master HOA and 2/12 of the annual assessment at the time of sale to the Condo 1 HOA)
were due at each sale closing. Those fees were never collected. Despite the legal
responsibility falling to the purchaser, the City of Aspen has made good on those payments to
the tune of $27,300 to the Master HOA and $52,450 to the Condo 1 HOA. This now
constitutes Burlingame's capital reserves and absolves each purchaser from having to make
those payments retroactively. This was an act of good faith on the part of the City of Aspen
and is in addition to the neazly $50,000 that was contributed to the HOA as "start up" money
by the City. This money is the HOA's no matter how the vote on the City's proposal for
Phase 2 ends.
Under the terms of the Declazations, the homeowners must nnan;mously approve changes to the
unit count. We aze prepazed to begin the process of holding that vote to see if there is agreement on
the part of homeowners to our proposal. We anticipate that a unanimous vote is unlikely, and in the
event that less than 100% agree to our proposal, but more than 2/3 DO agree, we would move to
amend the Declarations to allow fora 2/3 approval to such changes. This is permitted by Colorado
2
law (CCIOA). If the homeowners voted to change their approval level from 100% to 2/3, we would
resubmit our proposal and seek another vote on the changes. If that vote was successful, the
necessary PUD amendments would be filed and the development plans fora 272-unit Burlingame
would be subject to the City's development review and approval processes.
Summary of Citv's Proposal and Ne¢otiations with HOA:
/ 272 total units - includes a total of 21 single family lots (14 more than currently exist) -
HOA still proposes 264 units and 39 single family lots
/ Elimination of the $60 per month mobility fee from homeowner's assessment (includes
elimination of the free dial-a-ride program and free registration for CazShaze)
/ Forgiveness of the approximately $65K in debt owed to the City in late mobility fee
remittances
/ PazkinQ at a 2.0 ratio -increases by 28 spaces in Phase 1 (including loading zones (6) and
visitor pazking @ 1 per 4 units) and 55 spaces in Phase 2 (at 272 units/14 sf home sites)
/ PazkinQ program turned over to HOA administration -they can rent the spaces and keep
the revenue or provide them to owners under whatever regimen they choose.
/ Puts burden on HOA to create a new trail to the river (although Parks is planning on a
single track dirt trail to the AABC where a trail does access the river) and removing of
restriction on dogs
NO agreement on:
/ Prohibition in attempts to alter unanimous consent provision in declazations (we will
attempt to alter provision if initial vote is less than 100% and greater than 67%)
/ Prohibiting the City from failing to develop single family lots or developing them as
multi-family units except by unanimous consent (we contend no such consent is required)
/ Prohibition against any future changes to development plan (we agree to abide by any
consent provisions in existence)
The $60 per month transit fee will be removed from homeowners' monthly dues.
/ As of Mazch 1St, the HOA is behind on its payment of transit fees to the City, to the tune
of neazly $65,000. Under the city's proposed agreement for Phase 2, this debt would be
forgiven. If the plan is voted down, that debt will become due to the City.
/ The Homeowners Association will be allowed to keep all rental pazking fees should the
HOA continue the paid parking program. The proposed agreement between the City and
the HOA toms over control of pazking to the HOA -they can set up a paid pazking
program or they can dispense the additional pazking spaces however they see fit. Should
3
the HOA continue to rent pazking spaces, this would provide an additional revenue source
to the HOA budget.
/ The pazking ratio in the Phase 1 azea and in the Phase 2 area will be increased from the
originally planned 1.67 spaces per multifamily unit to 2.0 spaces per multifamily unit.
This will add 28 pazking spaces to Phase 1 -including loading zones and guest pazking
spaces. "Bonus spaces" (those spaces behind the tuck-in pazking spot) will not count
towazds the pazking ratio, nor would CazShaze allocated spaces. These additional spaces
will be allocated by the Homeowners Association. If the HOA chooses to allocate some
of these additional spaces as rental spaces, this may additionally benefit the HOA budget.
/ In addition to the 7 single family lots previously sold as part of Phase 1, the 272 unit plan
includes the addition of 6 single family lots to Phase 1 (those lots platted and unsold) and
8 single family lots to Phase 2. If the City's Phase 2 272-unit proposal is voted down, no
additional single family lots will be developed and sold.
/ Phase 2 will have the same aesthetic appearance, high quality construction and
environmental standazds as Phase 1. As .part of the City's subsidy in constructing and
selling the project, the City will be investing in high-quality design and construction so
the ongoing operational maintenance expenses will be less of an burden to the
homeowners. This has been a guiding principle in the design and construction approach
the City is taking with Burlingame Ranch -the city is NOT "being cheap" in constructing
Burlingame at the expense of the homeowners.
/ The Phase 2 buildings will have a few more units than the Phase 1 buildings, but the
building footprints aze no lazger than the Phase 1 buildings. Because of this more efficient
use of land, the percentage of open space in the Phase 2 azea will be compazable to the
percentage of open space that exists in the Phase 1 azea. The 272-unit plan has more units
and fewer buildings in Phase 2 - so the "unit per mechanical system" ratio.is less and will
cost less per unit to maintain going forwazd. Should the increased density be approved -
and the homeowners decide to create one homeowners association for the entire
development -the increased number of units bedrooms and the decreased number of
buildings should create efficiencies in the operation of the community, and that efficiency
should reflect itself in the monthly homeowner's assessment (more units sharing common
costs should result in lower Master Association dues and may result in Condo
' Association savings as well).
/ Phase 2 will have more covered pazking available to more residents than in Phase 1.
/ The Pazks department is working on "Harmony Pazk" at lot C and also on a trail to the top
of Deer Hill as well as a trail to the ABC to better connect Burlingame to the trail that
goes down to the river and the bridge crossing to the Rio Grande Trail.
4
/ The Burlingame HOA will be free to pursue the lifting of the dog restriction by working
with the adjacent property owners and the Open Space boazd - if the HOA gains their
approval, the City Council is prepazed to consider revising the declazations and covenants
to permit dogs (under the proposed restrictions of the HOA).
What happens if the homeowners turn down the City's proposal?
If the first vote is less than 67% approval, or if the vote to change the voting requirements following
a failed vote is unsuccessful, or if a final vote under new voting requirements is unsuccessful, the
City is prepared to build the final phase of Burlingame at 236 units with no additional single family
lots and would amend the plat to exclude some of the acreage, reserving it for either open space or
for a possible change of mind on the part of future Burlingame homeowners (under whatever voting
requirement is in effect at that time) as to the number of units. Thus we would build out at the
existing 236-unit limit and preserve some of the acreage for something that would be defined in the
future. Until that time it would remain as undeveloped land.
All of the City's offer would be withdrawn if our unit count change is unsuccessful -all of the
status quo agreements/arrangements would remain effect.
^ Next phase is built at 236 units with NO additional single family homesites
^ NO reduction in the transit fee ($60 per month)
^ The HOA owes the City in past due transit fees neazly $65,000 and that debt would
become due
^ NO additional pazking
Next Stens:
There needs to be a vote on the City's proposal by Burlingame homeowners. If that vote is less than
100%, we would put to a vote by homeowners a change in the approval requirements - as permitted
by Colorado law. If that vote was successful, we would resubmit the City's proposal and vote on it
again. So the sequence of events/votes would be:
^ BG Master HOA meeting vote called for on City's proposal
^ VOTE on city's proposal If less than 100%, but more than 67% -- then .. .
^ BG Master HOA meeting to change voting requirements from 100% to 67%
^ VOTE on proposed requirements change
^ BG Master HOA meeting to vote under new requirements
^ VOTE on proposal under new requirements
Attachments•
^ 272-unit proposed conceptual site plan that the City is proposing
^ Construction Experts Group's 293-unit conceptual site plan
^ Possible 236-unit conceptual site plan if the City's proposal is rejected
Details of HOA's proposal, City's counter-offer and Status of Agreement:
(1) Phase
One Punch
List
The City shall complete or
address to the Condominium
Board's satisfattion all Phase I
punch list issues presented by
Board. t
The City, in conjunction with the
HOA, has prepared a punch list
and will complete it b
In Agreement
(2) We believe the alteration of the The City does not agree with this
Changing unanimous consent vote legal interpretation and will not
the provision set forth in Article XII, agree to limit the right of the
unanimous Section 6d of the Mazter Master Association to seek to
consent Declaration requires unanimous change the consent provision to Not In
provision of consent of the owners in the what is permitted by state law. Agreement
Master Master Association. The City
Decs shall not attempt to change our
unanimous consent voting
requiremenu except by
unanimous consent
(3) Single The City will develop a new The City has not found the single
Family Lots Phaze II/III plan that will include family lot program to be of The City is
all 26 single family lou as benefit either to the City (one of offering to set
originally designed with single the original purposes of the aside an
family homes. program waz that single family additional 14 lou
lots would subsidize the (6 single family
multifamily development- lou in Phaze (-
instead it has needed subsidy those lots
from the City) or to the lot platted and
owners who have found it unsold -and 6
difficult to build homes within the single family lou
Category limits. in Phase 2) -for
a total of 21 lou
- if the HOA
agrees to the
other changes
the City is
proposing.
The HOA
proposes a total
of 39 single
family lou az
originally
planned for.
(4) Density The City will present a new plan The CEG's proposal is for 293
(unit count) to the HOA that includes a total uniu. The voters approved
reduced density (28 additional an advisory resolution in The City
uniu or less) based on re- November 2008 that calls for "up proposes Phase
inclusion of all single family lou to 300 uniu". The City's proposal 213 at 272 total
az originally designed and with is for 272 total uniu. uniu and no
buildings not larger than eight buildings with
and ten uniu. We believe the design more than I I
parameters of our buildings that uniu.
call for some I I-unit buildings
and some 14-unit buildings are
compatible with the Ranch The HOA haz
, vernacular that guides the accepted the
development design. The building design,
footprinu of these buildings are but proposes no
not appreciably larger than the more than 264
buildings in Phaze I. total uniu.
(5) Consent No single family lou in Phaze I The City does not accept this
needed shall be altered without interpretation of the declarations.
around use compliance with Article XII, We do not believe that the Not in
of single Section bd of the master number of single family lou is Agreement
family lots declaration (unanimous consent subject to the unanimous consent
of owners). The number of (or any consent provision) of the
single family lou in Phase I shall owners.
remain 13.
(fi) What The Burlingame Owners want to We propose to provide a plan
B6 Owners vote on approval of a final plan for owners to vote on that will
Will vote on for additional uniu. City shall not change the number of uniu,
present a complete (not- ~ buildings, parking spaces, etc. This We are in
preliminary) plan to owners to vote should not prevent future substantial
vote on that will not be modified City Councils and future HOA agreement
at a lacer dace by the City. members from entering into new
agreemenu -subject to the
voting provisions in force at the
time.
m Design Owners desire a community that The City desires the same
review is environmenully efficient and outcome and agrees to follow all
guidelines built within the same Design design review guidelines and
Review Guideline requiremenu green building standards as
(8) Quality
of
construction
end number
of HOAs
(9) Porking
that Phase I waz required to be
built within. The City shall
commit to follow all design
review guidelines and green
building standards az required in
Phase I.
Owners are concerned about
increased maintenance costs
associated with the Cites
proposed use of cheaper
building materials in Phaze II/III.
The City will commit to
maintaining a high quality of
construction commensurate
with Phase I buildings and will
create a separate condominium
association for Phase II/III so that
Owners in Phase I are not
burdened with these additional
cosu.
The City will add parking spaces
to Phase I and Phase 111111 to
equal two parking spaces per
two and three bedroom unit,
one parking space for one
bedroom uniu. These parking
spaces should not be distributed
as visitor spaces or handicapped
spaces. Visitor and handicapped
spaces will be in addition to
requested spaces.
required in Phase I.
The City denies proposing to use
"cheaper building materials' in
Phase 2/3 and is committed to
the same high quality of
construction commensurate with
Phase I buildings.
The issue of how many condo
associations to create and how
the burden of costs is to be
distributed should be Carefully
thought out by the Condo I
Association. Their request is
premised on their belief that
Phases 2/3 could "shift" costs to
the owners in Phase I. We
believe the likelihood is that any
"subsidy" would flow to Condo I
owners, not the other way.
However if they want to create
separate azsociations, the City
will not oppose that notion.
The City proposes to add
additional parking to the
development that would increaze
the parking ratio from 1.67 to 2.0
(excluding the 26 "bandit"
parking spaces behind current
tuck-in parking spaces from the
calculation) and will include
visitor, loading zones and
handicapped spaces (as required
by code).
The City would retain the
In Agreement
In Agreement
However the
analysis of who
bears a greater
burden for
future condo
association cosu
should be
carefully
examined by the
Condo I Board
before making a
final
recommendation
about how to
structure the
association
memberships
going forward.
In Agreement
with the City's
proposal
8
to add az many az 3 additional
parking spots to the project total,
dedicated to the CarShare
program -and not count those
spou towards the new 2.0 ratio.
(10) Parking Families need two car availability See the proposals under #9
- loading even if transit is an option. The Parking. The proposal will include
zone and City's plan will evidence that loading zones and visitor parking
visitor there will be adequate parking in az proposed by the HOA.
Phase II/III for both Phase II/III
units and spillover from Phaze I In Agreement
design for fuwre parking in with the City's
Phaze II. There will also be a Proposal
loading zone included in front of
the Commons Building and in
each of the six original
"neighborhoods." Visitor
parking will be located near each
building at a ratio of I space per
4 units.
(11) Open The new Phase II/III plan will The City believes its design for
Spate in emphasize open space, in Phase Z3 is driven by this
Design particular buildings clustered concept.
around courtyards with usable In Agreement
open space and sidewalks similar
to the courtyard located on
Molly and Lindvig Courts.
(12) Bus The City will acknowledge the The City acknowledges no such
size wastefulness of a full sized bus at thing. The HOA's proposal is
Burlingame Ranch and will driven in part by a desire to
change the bus service to a lower the costs and to pass on In Agreement
smaller shuttle bus unless and that saving to the HOA. Our with the City's
until ridership indicates a need proposals (see #I S -Transit Fee) proposal
for afull-sized bus. do that while retaining the right
of transit experts/staff to size the
bus appropriate to the route and
demand. Additional concerns are
related to the environmental
impact of a larger bus.
(13) Available transit will provide Under our proposal (see # I S -
Fr'equency greater incentive for bus Transit Fee), the City will
of transit ridership than reducing parking eliminate the transit fee -and
service spaces. The City will offer an thereby treat BG homeowners
extended bus schedule. The and their transit service on equal
summer schedule should be
increased to include mid-day
service as well az evenings and
weekends.
(14) Transit
fee
The City will eliminate the $60
transit fee. We realize this
would require a change to the
PUD. Therefore we request a
full review of the PUD with final
amendments submitted to
council for approval.
footing with the rest of the City
residents. Thus service will be
determined by demand and the
ability of the City's Transit Fund
to service and fund that demand
(service is subject to both
increazes and reductions az the
fund revenue varies). Given
current plans to perhaps extend
the BG route to the
AABC/Airport, we see increased
frequency az a likely outcome.
Certainly when Phaze 2l3 is
completed and occupied, demand
should increase and frequency
should follow.
The City proposes to eliminate
this part of the assessment,
subject to a vote of the HOA in
support of the enure City
proposal. We will then amend
the PUD accordingly with all
changes, and eliminate the
services associated with the
assessment (I) dial a ride, (2) car
share membership, and (3) the
mobility allowance.
Homeowner's Dues
transit service $27.50
dial-a-ride $15.00
Carshare $10.00
mobility allowance $ 750
monthly total $ 60.00
annual total $720.00
monthly revenue @91 units =
$5,460
monthly revenue @236 uniu -
$14,160
Budgeted Costs ~FY 2008)
West Side Transit Service
In Agreement
with City's
proposal
In Agreement
with City's
proposal
(~
$454,458
dial-a-ride: $ 55,660
carshare: $ 25,000
mobility allowance: 97 00
annual total $632,118
(15) Pnrking
rental
(16) $300
assessment
nt initial
unit sale
(17) 2/12
dues
assessment
at ench unit
sale
The City will eliminate the
requirement for the Mazter or
Condominium Association to
pay the $75 per space rental
income to the City. If any spaces
continue to be available for
rental aker satisfaction of
paragraph 6 above,thefundsfor
such spaces shall remain the
property of the Mazter or
Condominium Association, as
Mazter Declaration Article IV
§ 14 required the City to collect
$300 from the first owner of
each Unit purchased from
Declarant at the time of the
initial sale of each Unit and in
accordance with Master
Declaration Article IV § 14 in the
sum of $27,300 (at $300 per 91
units sold).
Condominium Declaration
Article I I § I I.I I required the
City to collect 2l l2 of the
estimated annual assessments
for common expenses for each
unit upon the transfer of title to
any unit (not just to the original
owner). The City will create a
Working Capital fund in
accordance with the
Condominium Declaration in the
sum of $49,710 (per the
following per 64 initial uniu
sold):
a.I51BRUnia@$215x2=
The City will agree to this change
- in concert with the rest of the
changes to the parking program
and subject to the HOA's
approval of all changes proposed
-and turn over administration of
all parking spaces to the HOA.
They may continue to charge for
spaces or not as they see fit.
The City sees this as Phase I
issue and not associated with
Phase 2/3 changes. Despite the
legal obligation for these
azsessments being the
responsibility of the purchazer,
the City has provided this sum to
the Mazter HOA az an act of
good faith.
The City sees this az Phase I
issue and not associated with
Phaze 2/3 changes. Despite the
legal obligation for these
assessments being the
responsibility of the purchaser,
the City haz provided this sum to
the Condo I HOA as an act of
good faith.
In addition, the City haz ensured
that all future transactions are
done in accordance with the
declarations and that purchasers
remit these assessments at
In Agreement
with City's
proposal
Completed
Completed
11
$6,450
b. 29 2 BR Uniu @ $270 x 2 =
$ 15,660
c. 40 3 BR Units @ $345 x 2 =
427.600
$49,710
(18) Trnil
to River
In addition, the City shall
calculate all sales of units that
occurred beyond the initial sale
and add a contribution for each
subsequent unit sold as required
by§ I I.I I.
The City shall install a walking
trail to provide direct
Burlingame Ranch access to
Roaring Fork River and Rio
Grande trail connector bridge.
The eaziest route to the river,
and a route that is being used
now, is on private property.
There is little likelihood that the
owner would grant an easement
for this trail. The other more
direct route would access public
property (either the City or
Pitkin County) but due to steep
slopes would present challenges
with engineering and building a
sustainable trail. The County
Open Space Board's management
plan of the Red Butte Open
Space does not allow for human
activity on the par[ of the trail
east of the bridge located behind
the closed gate. The City of
Aspen Open Space Board haz
determined that the slopes which
would provide direct access are
intact wildlife and riparian
corridors which should be
protected as such. The City haz
plans to build asingle-track dirt
trail between BG and the AABC.
In addition, the City Open Space
Board is exploring a new more
direct trail route off the single
track to AABC, which will
provide a more direct and less
In Agreement
with City's
proposal
12
impactful trail to the bridge.
(19) Future City Council shall sign a
j36 resolution and P.U.D.
development amendment that would ensure
limited that no additional uniu will be
built in Burlingame Ranch Phaze I
or Phase II/III in the future,
other than the number the
owners approve in this month's
vote.
(Qp) Storage for future buildings
Storage should be within the same
units building az the unit
(21) Dog Removal of the no dog
restrictions restriction. We would agree to
indoor dogs only unless they are
fenced in a yard or running area,
on leazh at all other times unless
in a park where they are
permitted unleashed. We would
adopt rules, fines, penalties to
enforce this, and liking the
restrictions would of course be
subject to 2/3 owner approval
vote per the condo & master
association dots.
The City proposes that the HOA
allow the Open Space Board and
Staff to pursue better alternatives
for a more direct connection to
the Stein Bridge.
The City does not feel like a
provision that attempts to bind
future parries (future City
Councils and future HOAs) from
entering into agreements that
change the provisions of the
declarations is wise or permitted
as a matter of law.
Building designs for Phaze 2/3
include "parking buildings" (Uphill
buildings) and "storage buildings"
(Downhill buildings). This
proposal of the HOAs was
predicated on the kind of
buildings designed for Phaze I.
We cannot agree to this because
the buildings are not designed to
accommodate this notion.
The City proposes that the HOA
approach all adjacent property
owners and easement holders to
see if they are willing to consider
this change. The adjacent
property owners are the County
Open Space Board (Red Butte
Ranch), City of Aspen Open
Space Board (Burlingame Open
Space, Deer Hill), Aspen Valley
Land Trust (conservation
eazement holder on all open
space properties) and the
residents at the Double Bar X
Ranch or TS Bar X LLC which
now owns most of the land.
Not in total
Agreement
In Agreement
with City's
proposal
13
The City remains skeptical about
the ability of the HOA to enforce In Agreement
rules governing dogs, az the with City's
City's own experience in proposal
enforcing restriction on animal
owners haz shown it to be a
burdensome and difficult
proposition. The City did not do
any enforcement of the dog
restrictions when it was running
the community up through May
2008. The HOA's property
managers recently discovered
dogs living in the community and
adopted fines and penalties for
harboring dogs and for feces, etc.
in December; and have instructed
O'Callaghan
property management to proceed
with notices to the offending
owners. If the HOA presents the
Council with a plan and an
agreement by all parties, the
Council will consider lifting the
current restrittions according to
the HOA proposal.
14
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