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Home My WebLink Aboutresolution.council.005-92 ....~..... s \ ....~-). ( ~ 4_' R o \ RESOLUTION NO. ~ (Series of 1992) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN EXEMPTION FROM THE CITY'S MORATORIUM ON WATER SYSTEM EXPANSIONS FOR THE EAGLE PINES SUBDIVISION. WHEREAS, Resolutions 12 and 45 (Series of 1991) of the City Council impose a moratorium upon expansions of or capital im- provements to the municipal water system, regardless as to whether such improvements or expansions are to occur within or without the territorial limits of the city of Aspen, except where such improvements or expansions are specifically authorized and approved by the city Council; and WHEREAS, the City has received a request on behalf of the Eagle pines Subdivision, which is situated outside the municipal limit of the city of Aspen, for an exemption from the water system expansion moratorium so as to be able to extend municipal water service to three affordable housing lots within the subdi- vision; and WHEREAS, the city counicl has found the exemption request to be reasonable and in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that an exemption from the moratorium on expansions to the city's municipal water system as imposed by Resolutions 12 and 45 (Series of 1991) be and is hereby granted so as to allow the extension of the municipal water delivery system to three affordable housing lots situated in the Eagle pines Subdivision. This exemption is contingent upon the devel- 'It I'.'.'. ~ '< $....._...... ;\ ~..... " ~.'..., Ii' '\"" oper of the Eagle pines Subdivision entering into an acceptable water service agreement as determined by the City'S Water Super- intendent and the City Manager for the extension of the municipal water system to the three affordable housing lots. RESOLVED, APPROVED AND ADOPTED this 13~day of ~ ' 1992, by the city Council for the City of Aspen, Colorado. ~ ~ . ), 1~.IJ S. Bennett, Mayor John 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 ~~/3 . , 1992. ~~~rk jc1231.4 2 aa, ~. e ~,." <<, Jr.>> 30 MEMORANDUM DATE: December 31, 1991 TO: Mayor and city Council FROM: Jed Caswall, city Attorne;()~~ RE: Eagle pines Subdivision Request for Exemption From Water System Expansion Moratorium. This item is on your agenda at the request of the developer for the Eagle pines Subdivision (formerly Aspen-Buttermilk Associ- ates), who seeks exemption from the currently imposed morator~um on expansions to the City's water system. As you may recall, City council originally imposed a moratorium on expansions to the City's water delivery system in March, 1Q91. The moratorium was reaffirmed and extended by the current council via Resolution No. 45 (Series of 1991), adopted in November. The moratorium prohibits expansions of the municipal water system except upon the explicit approval of the city council. Under the moratorium resolution, the City Manager is authorized to bring to council's attention capital improvements or expansion projects that she deems worthy of consideration for exemption from the moratorium. Attached hereto is a letter submitted by Vann Associates, Inc.:, spelling out the developer's request for an exemption. Staff suggests that should Council approve the requested exemption, that the approval be contingent upon the developer entering into a satisfactory water service agreement as determined by the Water Superintendent and the City Manager. I have prepared the at- tached resolution incorporating such a contingency. REQUESTED ACTION: Approve Resolution No. which permits the expansion of the City's so as to be able to serve the Eagle pines Ifi" (Series of 19Q2) municipal water system Subdivision affordable @ recycled paper &.,'-,'" ii' \\ "I' it" \... It, !..,:',~,,:,,' F\ '''- Memorandum to Mayor and City Council December 31, 1991 Page 2 housing lots contingent upon the developer entering into a water service agreement satisfactory to the Water Superintendent and the City Manager. EMC/mc Attachment jc1231. 3 cc: city Manager Water Superintendent Sunny Vann County Planning Director _i \ "< \/A' t'lf I Ar'''''O,'"'',i t Tc-c:: If\iC \ ,,,,\1,00 vlr\, 1::>..<, ..-', ~:':c:",r ..,(: :~,,-: c December 10, 1991 O[r ] I Ice! 1'1 HAND DELIVERED Edward M. Caswall, Esq. City Attorney 130 South Galena street Aspen, Colorado 81611 Re: Eagle pines Affordable Housing Lots Water Main Extension Dear Jed: ~, . As we discussed this morning, the developer of the Eagle pines Subdivision (aka, the Aspen Buttermilk Associates PUD) is about to submit a detailed sUbmission/final plat applica- tion to the County for the so-called Eagle pines affordable housing lots. The three (3) lots in question are required to meet the Eagle pines Subdivision's affordable housing requirement, and are being provided by the developer as an alternative to a cash-in-lieu payment. The affordable housing lots are being created from a portion of Lots land 2 of the Eagle pines Subdivision. A condition of the proj ect 's general submission approval requires that the developer (i.e., Redd Mountain Holdings) demonstrate that water will be provided to the affordable housing lots via the municipal water system. A new water main was recently installed pursuant to a water service agreement between Aspen Buttermilk Associates and the city which provides service to the ten (10) lot Eagle pines Subdivision. While the main has sufficient capacity to serve the proposed affordable housing lots, an approximately two hundred (200) foot extension is required to transport water to the parcel on which the lots will be loca"ted. 1$.'" l '-", As the attached letter from the City's Water Department indicates, the required extension is prohibited as a result of the moratorium enacted pursuant to City Council Resolution No. 45-91. Since the Board of County Commissioners is unlikely to grant final plat approval to the affordable housing lots unless an adequate water supply can be de~on- strated, an exemption from the moratorium is necessary if the project is to proceed. 23(1 East HOO~;.lns Avenue. ,t:.,SDei-; Co!c"ado t)i6~ ~ . 303/925-6958 (- Edward M. Caswall, Esq. December 10, 1991 Page 2 Based on my review of Resolution No. 45-91, it appears that the City Council may exempt a water main extension from the moratorium upon the demonstration of good and sufficient cause. As you know, the water service agreement between Aspen Buttermilk Associates and the City was subsequently assigned to Redd Mountain Holdings. The agreement contained a legal description of the property which was to benefit from the provision of municipal water. Please note that this description included the parcel on which the affordable housing lots are to be developed. 1'1',' \<" In addition, provision was made in the water service agree- ment to require a separate assessment for capital costs for service, utility investment charges, and connection fees for any employee units approved for the property. As a result, I believe that it was clearly anticipated that affordable housing might be provided on the property, and that the provision of water service to such units was contemplated by the City at the time the agreement was drafted. Asthe required extension is intended to serve affordable housing, and the provision of water for this purpose was apparently envisioned when the new water main was installed, a minor extension of the main to accomplish this objective would appear to meet the Council's exemption criteria. I would appreciate it if you would schedule 'this matter for the first available city Council meeting. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Very truly yours, VANN ASSOCIATES, INC. SV:cwv Attachmen s '- i:"',, It. "''-' cc: Robert Ritchie Brooke A. Peterson, Esq. " EAGLE' PINES ~IVISION PITKIN COUNTY. COLORADO .' ., ,n X I co -f -.l. " '''. !U"crI("'~ ,,, ~.. , ~~ ~~ " 60l,GS' SB9'Jr~O'E ,RAe p'''cEc C :?B.40AC' fN(!AIanHOf'><ENT .' ,. j) ~i' ~JJ-~3~ ':11 ~, '" ~;,:.~", :.'b ...~, '. rR~';:~. e, 3; , .,,..lis "J' "". "'''" ...-,., :.;. ~~ ~~~.:; . "'] ~::.;:'"., m." '"" . 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Lor 5 ".:,..:; u \, ~_ J " ~ ",,~., y 8~J32 AC ..:<:',.1 ..- - N(I""22 U.f~_ ~"''''' ""~ ~ l1' ~------"6.!.'P-2!:L....-.. m.. ,_!: ?~ _ " "'22 :::~\~'t' \' .', ;;> ''''''''N' ... Y, -l~ ,G ~:: 1..-----'\;--;: ~ i, // ~\ '\.~ 9 ,'~ "'0 . , ~k l ~'~"'i ....'. ~, A~fr /' ~~ \ ~ '--- ~"LOt-7.-' \; LOt 8 '<"g',tt'1-.' 5 304 ~C ,_ l07!10AC :no"". ~'~;~~>(I~." 97~.8S - >."-, <1"'t/ j,fJ l! 0' ... 'I '[ , ,-11 '-, 1-189'~9'4!j." 865.11> ........ ~~'r <",;, ~" PARae (I 4.04A"- ".'{(Wf)EvElor>><FNY N59'~9'~~." "54.57> ~ "' ,,;~ ,I , .' ~~:::':.;'G.~, ..~ "'..i: .,1 Ii /,,,,,,.,,, '~6'~ ..", C'~ '" ""'N" ,,,,,,,,,,,,, '0' <ON'''''''''.'' '" ;.~:;~;.:';~~:,;~;:'., ..'~....." '0, 1.*"" 1\ ~a It F_ ,0,'", l\ <'~ -- November 25, 1991 en Dear Jay: SUBJECT: EAGLE PINES AFFORDABLE HOUSING The City of Aspen Water Department cannot allow a water main extension at this time. Pursuant to Resolution 45, Series 1991, (A Resolution By The City Council For The City of Aspen, Colorado, Imposing A Moratorium On Further Municipal Water System Expansions and/or Capital Improvements), no water mains can be extended for, or to, our existing water systems. The Water Department would like to point out several design and construction requirements that will be necessary for this system if, and when, Council lifts the Moratorium. The City will require an 8-inch water main to be installed to the proposed housing units. This is to provide adequate fire protection water to the fire hydrants that will be required for those units. The proposed service lines can be tapped from the mainline extensions, thereby avoiding the unnecessary length as proposed, The 8-inch water main to the proposed structures must extend from the proposed water main in West Buttermilk Road with a tee and valve assembly. (See drawings.) All mechanical joints must be installed with a joint restraining device such as, or equal to, Mega-Lug Joint Restraints. All 12" and smaller water mains shall have a minimum cover of 6 feet. The City of Aspen Water Department will require all water mains, service lines, and appurtenances to meet City of Aspen Design Materials and Construction Specifications. The City will require proposed supply requirements and service line sizes prior to making an evaluation. The City will require that the new extension be a 12" diameter line. The entity responsible for that cost has not been determined. This mainline extension is outside the corporate limits of the City of Aspen and serves only development in the County. Sincerely, Larry Ballenger, Director of Water City of Aspen, Water Department LB:ll eagle.pin ~ ':':c" recycled paoer