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HomeMy WebLinkAboutresolution.council.060-95 ~-', " v- 0;\. '.',,',' ~, 1I:.'It' , ~ '''i< ~ RESOLUTION NO. 60 Series of 1995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, FINDING SUBSTANTIAL COMPLIANCE WITH THE CITY OF ASPEN WATER POLICIES RELATING TO THE EXTENSION OR EXPANSION OF WATER SERVICE TO THE JAMES E. MOORE FAMILY PARTNERSHIP, LTD. PROPERTY WHEREAS, the James E. Moore Family Partnership, Ltd. has submitted an application for water service to the City of Aspen Water Department; and WHEREAS, the property to be served by the proposed water service is in Pitkin County and not within the city limits of the City of Aspen; and WHEREAS, the City Council has adopted by resolution (Resolution No.5, Series of 1993) policies to guide municipal water system development and services beyond the city limits; and WHEREAS, said policies, codified at Section 23-56(b) of the Municipal Code, require the City Council to make a determination that the proposed water service extension complies with said policies and is in the best interests of the City of Aspen; and WHEREAS, the City Council has had an opportunity to review with City staff the proposed expansion of water service to the property owned by the James E. Moore Family Partnership, Ltd. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby determines that the proposed water service extension to the James E. Moore Family Partnership, Ltd. property located beyond the city limits of the City of Aspen substantially complies in all respects with the City of Aspen water policy for extraterritorial services as set forth in Resolution No.5, Series of 1993, and "-". \% <.., .~e' ~ ,i .'\.:~ ca. . therefore agrees to extend city water service to the James E. Moore Family Partnership, Ltd. property so long as all of the following conditions are met: 1. An amended application for water service is received by the Water Department within two years of the effective date of this Resolution. The amended application shall contain, at a minimum, the following information: a. Engineering drawings detailing the proposed water main extension and all related facilities in a format and with clarity satisfactory to the City of Aspen Water Department. Such drawings shall provide resolution, in a manner acceptable to the Water Department, of all technical issues identified by the Water Department in its preliminary review of the project, and other technical issues that may arise as a result of changes or refinements to the project occurring after the Water Department's preliminary review. b. A proposal acceptable to the City to ensure financial security for completion of the project. c. Estimated engineering costs to complete the project in sufficient detail to the satisfaction of the City. d. Any other information determined necessary by the Water Department or City Attorney. e. The application for water service shall be accompanied by a processing fee and review fee as established by the City. 2. The proposed extension of any water service lines shall serve only such growth as is endorsed by the City Council. Applicant has made representations to the City Council with respect to the development approvals currently being sought from the Board of County Commissioners of Pitkin County. Any substantial alterations to the proposed development which are made and approved by the County shall be subject to approval by the City Council prior to the execution of a Water Service Agreement. A substantial alteration shall be defined as any amendment to the project which would require a remand to the Pitkin County Board of County Commissioners as a general submission review. 3. No extension or expansion of service shall be approved without the prior execution of a written Water Service Agreement. Said Water Service Agreement must be approved by the City Council by Ordinance. Said Water Service Agreement shall contain, at a minimum, the following provisions: a. The applicant shall agree, in a manner binding upon all users of the water system, to a restriction acceptable in form to the City Attorney on the use of treated potable water to irrigate common 2 - e' )'C'. ~\ ~< '.It.'.'.... $1 \~ ~:~. open spaces and recreational areas in the event that raw water is made available for irrigation purposes for common open spaces or other common recreational areas which do not require treated water. b. An agreement by the applicant to annexation of all property served by the extension or expansion of water service at such time as the property becomes contiguous to the City and the City. determines such annexation is desirable. Said consent shall be provided by each owner of property served on a document in form acceptable to the City Attorney and recordable in the County Clerk and Recorder's Office as a covenant to run with the land. c. The applicant shall agree to dedicate or transfer to the City water rights previously identified by the applicant and found by the City to be sufficient in quantity and seniority to provide a water supply comparable to that which will be provided by the City. d. Applicant or its successors shall pay all utility charges, tap fees, utility connect charges, any other related water utility fees as set forth in the Aspen Municipal Code for the connection of City of Aspen water services, and a pro-rated charge (currently estimated at $400.00 per ECD) for well system improvements. e. The applicant shall secure an easement for a tank site on Aspen Highland's property to serve the project. The cost of acquiring the easement and construction of the tank shall not be borne by the City. f. The City shall complete, at its own expense, the Meadowwood 12" interconnect. Modifications to the Meadowwood pump station necessary to serve the project shall not be paid by the City unless Applicant can produce copies of plans or specifications or bid proposals showing to the satisfaction of the City that the necessary pump upgrades were part of the 1990 capital improvements proj ect. g. In the event that the City elects, in its sole discretion, to replace the existing 8" cast iron water line owned by the Aspen School District on or before 60 days before Applicant commences construction, applicant agrees to pay 1/3 of the cost of such line replacement. h. Applicant and the City agree that all water lines and sewer line locations shall comply with all state, federal and local laws. and regulations. 3 "_.... ~. --'\, 1. In the event that the City determines that it is in the best interests of the City to construct a raw water line from the Thomas Reservoir to serve the James E. Moore Family Partnership, Ltd. property and other property, applicant agrees to grant the City requisite easements to place such a line in common trenches. In such an event the City will time the construction of its raw water lines to coincide with Applicant's construction schedule. Further, in such an event, the City agrees to pay one-half of all costs of such common trenches, excluding any piping costs up to a maximum of $30.00 per lineal foot of common trench. 4. Before a Water Service Agreement is executed, applicant shall meet with staff of the City Community Development Department to establish specific architectural design standards that, where applicable, are consistent with the City's Residential Design Standards and a mechanism for their enforcement that shall be incorporated in covenants to run with all individual lots in the development. 5. Before a Water Service Agreement is executed, applicant shall explore with the Aspen School District designating specific locations in the new proposed school parking lots to serve as park-and-ride lots. 6. The applicant shall participate in funding, in an amount no less than $350,000.00, in the planning and implementation of transportation solutions related to the Entrance to Aspen EIS as approved by the Aspen City Council and the Pitkin County Board of County Commissioners. In the event the long-term solution to the entrance to Aspen has not been agreed upon, and/or implementation of the solution is not proposed in the reasonable future, the City and County, in consultation with the Applicant, shall agree upon a phased improvement plan which will not unreasonably delay the development of the project. .. ~. 7. A transit impact analysis shall be conducted to determine the number of transit riders the project generates and its impact on RFT A service as required by the Pitkin County Board of County Commissioners. 8. Applicant agrees to sell to the City that property commonly referenced as the meadow area designated as ball fields and running track in the PUD application currently pending before the Pitkin County Board of County Commissioners consisting of approximately 16 acres at a price and upon terms to be mutually agreed to by the Applicant and City. The exact location and size of said land shall be determined at final plat approval by the County. (a.. .. 4 i 'e' Vi. <I, ' '''', '<.., e. (fu',:"" 1(1. 'z, ~, MIt ~,. 'h", INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 1)( day of .~ 1995. ~ 7. {-y~ 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. ~lh~(~ moore.res 5