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HomeMy WebLinkAboutresolution.council.049-93 . \~ m" . ~, ~- --- -- RESOLUTION NO. q~ (Series of 19~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CERTAIN PROVISIONS OF RESOLUTION NO. 5 (SERIES OF 1993) ADOPTING POLICIES TO GUIDE MUNICIPAL WATER SYSTEM DEVELOPMENT AND SERVICES. WHEREAS, on February 8, 1993, the City Council for the city of Aspen adopted Resolution No. 5 (series of 1993) endorsing and adopting policies to guide municipal water system development and services; and WHEREAS, the initial implementation and evaluation of the policy set forth in Resolution No. 5 since its adoption has revealed certain ambiguities and/or confusion concerning the policy's intent and application; and WHEREAS, the City Council desires to amend Resolution No. 5 (Series of (1993) to clarify its language, intent and implementa- tion. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that Resolution No. 5 (Series of 1993) be and is hereby amended in its provisions as herein listed and that it shall provide and read in that amended form as attached hereto as Exhibit "A": Amendments - 1. The second, third and sixth "whereas" clauses. 2 . Statements of policy "One", "Two" and "Three". 3 . Policy goal 1. 4. Implementation steps 6, 9, and 12. e ~, bill' ~.",., \" .~ RESOLVED, APPROVED AND ADOPTED this 028 day of As ~ 7". rJ~- John . Bennett, Mayor 2..12.-- , 1993, by the city Council for the City of Colorado. 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 ~~ ;Y of Aspen, Colorado, at a meeting held , 1993. Clerk jc618.3 . ~ ~. ~, '111I' ~ ,II' RESOLUTION NO. 5 (Series of 1993) (as amended by Resolution No. ~ (Series of 1993)) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ENDORSING AND ADOPTING POLICIES TO GUIDE MUNICIPAL WATER SYSTEM DEVELOPMENT AND SERVICES. WHEREAS, after a careful and thorough review of the city's historic and current water management policies and practices, the City Council has determined that all future expansions of the municipal water system and system capacity shall be examined and approved pursuant to a comprehensive policy in coordination with a land use planning process that addresses issues of water quantity and availability, water quality, storage capacities, treatment capacities, delivery infrastructure, appropriate locations for growth, conservation, short term and long term costs, and the preservation of the natural environment; and WHEREAS, the city, in cooperation with Pitkin County, has recently adopted the Aspen Area Community Plan which, when imple- mented with the water management policies contained herein, will assist in providing guidance for the orderly development of the City's water treatment and distribution system both inside and outside the City'S geographical boundaries; and WHEREAS, the city council has determined that the existing water delivery system and infrastructure should assume and maintain a favored status when compared to proposed expansions of the system for purposes of serving extraterritorial customers; and WHEREAS, the city Council has further determined that historically it has not been in the City's interest to take over ownership or assume operational responsibility of substandard water delivery systems and that the city should not continue to do so in the future; and WHEREAS, the city Council recognizes that the City's finan- cial and water resources are not unlimited and that the City of Aspen is not a public utility required to serve all persons or uses; and WHEREAS, the city Council hereby declares that the adoption of the water management policies as set forth herein does not assume and is not intended to represent a commitment, obligation or ability on the part of the City of Aspen to provide water or water delivery services to customers not currently served by the existing system; and ~ .. ... Exhibit A .... ~~ e. @, \ , - '. @ . \ ____ .1.. WHEREAS, the implementation of the water policies as herein adopted is expected and intended to result in the continued and full utilization of all of the City's water rights; and WHEREAS, the City Council has determined that the adoption of the following comprehensive water management policies is necessary to further and protect the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that the following policies are hereby adopted and shall hereafter guide the city of Aspen and all of its departments in devising, approving and implementing plans and/or projects for the delivery of water services utilizing the city's water resources and municipal water system. It is the intent of the city Council that the policies set forth herein shall update and revise those policies as previously adopted by the city in the 1980 Water Management Plan and supersede such older policies should conflicts arise between the two. STATEMENTS OF POLICY It is the policy of the city of Aspen in order of priority to: ONE, provide existing and future water users within the city of Aspen with an adequate supply of water for all municipal purposes. TWO, provide existing water users outside the geographical boundaries of the city of Aspen with an adequate supply of water for all municipal purposes. THREE, extend or expand water services outside the city limits only when the extension or expansion will not jeopardize the first and second priorities as set forth above, and meet the following criteria: a. The extension or expansion will be consistent with and further the goals of the Aspen Area Community Plan and those growth management regulations adopted pursuant thereto; and b. The extension or expansion will serve only such growth as has been endorsed by the city council; and c. The extension or expansion will make a financial profit for the city; and 2 . e;, 'I' '''< ~-" ., d. The extension or expansion will serve all other appli- cable goals and policies of the city. In delivering water services the city shall provide and maintain the highest level of protection for the natural environ- ment as reasonably possible as determined by the City within its sole discretion, subject only to considerations of public health and safety. Furthermore, the delivery of all water and water services shall be subject to supply curtailment ordinances as existing or subsequently enacted by the city. POLICY GOALS The policies set forth herein are designed and intended to serve and further all of the following goals: 1. customers pal uses, To provide a reasonable level of water services to served by the city of Aspen for a full range of munici- subject to curtailment policies in times of shortage. 2. To utilize and protect the city's water rights in order to maintain current and future water service levels while at the same time promoting recreational and environmental interests such as maintaining clean streams, water conservation, maintaining minimum stream flows and aquatic habitat, and developing hydro- electric power. 3 . rates. To provide water and water services at reasonable 4. tion. To provide and promote incentives for water conserva- 5. To utilize raw water rather than treated water for irrigation purposes wherever possible. 6. To obtain a financial profit in the delivery of water services. 7. To accommodate only such community and area growth and land uses as are consistent with the planning goals and standards as adopted by the city of Aspen and Pitkin County and which do not require new water treatment facilities or the expansion of existing water treatment plant capacities. IMPLEMENTATION To achieve the goals as set forth above, the following implementation steps shall be undertaken. 3 I.' \ ~. _I", ~.. ~ -'" ~ 1. To protect water quality, the City shall comply with applicable federal and state water quality laws and regulations and, where deemed necessary, enact and enforce local ordinances to further protect water quality. 2. The city shall develop incentives to promote water conservation and enact and uniformly enforce ordinances designed to conserve water use. 3. The city shall create educational programs to promote public awareness and understanding of water quality and conserva- tion needs. 4. To the extent reasonably practicable given the city's financial resources and policy goals, the city shall utilize its existing water rights and/or obtain additional water rights deemed critical to maintain minimum stream flows in the upper Roaring Fork valley and shall work in cooperation with appropri- ate governmental agencies to establish, protect and maintain minimum stream flows. 5. The City shall seek changes in its water rights as necessary and appropriate to maximize the use of its water holdings consistent with the water policies set forth herein. 6. The City shall develop and implement a water capital asset management plan which, when integrated into established area community growth plans and goals, will provide the city and its customers with adequate and efficient transmission, storage, treatment and distribution facilities and infrastructure to meet current and anticipated future water service needs. 7. The city shall develop and enforce water system infrastructure and operational standards utilizing the minimum standards as adopted by the American Water Works Association as guidelines. 8. The city shall pursue and develop environmentally- sensitive hydroelectric power resources. 9. The city shall discourage the installation of individual domestic wells or well systems in subdivision develop- ment served or to be served with municipal water where such systems will detract from the city's water policies or goals, threaten the City's water rights, or would be injurious to the health, safety or welfare of the city, its residents or water users. 4 .' ~. ~ ~ ~" 1~ e 10. The city shall identify current and future water users to whom raw water can be supplied in place of treated water for irrigation purposes in a cost-effective manner and shall restrict the use of treated water for irrigation purposes. ll. The City shall require that all future extensions of the municipal water system pay their own way and comply with all minimum engineering standards as adopted by the city. 12. The city shall only extend new or expand existing water services beyond the city limits if: i. The extension or expansion will improve the water delivery capacity of the system and not adversely impact services to existing water system users. ii. There is sufficient water and water treatment capacity to provide the new or expanded service without jeopardizing water reserves and the treat- ment capacities necessary for the build out of areas where service is already provided or where service is contemplated in accordance with the Aspen Area Community Plan. iii. The extension or expansion will not result in an operational financial deficit. iv. The water services to be delivered will only ac- commodate growth which is endorsed by the city of Aspen and consistent with the Aspen Area community Plan. v. The extension or expansion will not adversely impact the environmental goals of maintaining water quality and quantity, minimum stream flows, the development of hydroelectric power, and over- all water conservation. vi. The extension or expansion will result in the delivery of water services at reasonable rates. vii. The extension or expansion will include adequate facilities for treated water storage and fire suppression. viii. The extension or expansion shall incorporate the utilization of raw water in place of treated water for irrigation purposes whenever reasonably possi- ble. 5 . ~ 'e' ~ ~ f., ~ ix. All extension or expansion requests shall be ac- companied by a processing and review fee as estab- lished by the city. x. All extensions or expansions of service, or the annexation or conversion of existing private water services/systems, shall be accompanied by a dedi- cation or transfer of water rights from the user to the city comparable to the water services to be delivered. Such water rights must be deemed ac- ceptable by the City in its sole discretion. A cash payment in lieu of the transfer of a water right may be accepted by the City in its sole discretion. xi. No extension or expansion of service shall be approved without the prior execution of a written water service agreement incorporating a contractu- al obligation on the part of the user to annex the property benefitted by the water service to the city of Aspen if such property is contiguous or becomes contiguous to the city and the City deter- mines such annexation is desirable. DELEGATION The city Manager may devise and enforce such rules and regulations as she may deem necessary to further implement the policies and goals as set forth in this water management plan and policy statement so long as such additional rules and regulations are not inconsistent with the goals and policies as set forth herein. RESOLVED, APPROVED AND ADOPTED this day of , 1993, 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 6 /"-'-. f@i . . -- . gel '%~ RESOLUTION NO. 5 (Series of 1993) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ENDORSING AND ADOPTING POLICIES TO GUIDE MUNICIPAL WATER SYSTEM DEVELOPMENT AND SERVICES. WHEREAS, after a careful and thorough review of the City's historic and current water management policies and practices,the city Council has determined that all future expansions of the municipal water system and system capacity shall be examined and approved pursuant to a comprehensive policy in coordination with a land use planning process that addresses issues of water quantity and availability, water quality, storage capacities, treatment capacities, delivery infrastructure, appropriate locations for growth, conservation, short term and long term costs, and the preserva'tion of the natural environment; and WHEREAS, the City, in cooperation with PitJcin County, has recently adopted the Aspen Area community Plan which, when imple- mented with the water management policies contained herein; will assist in providing guidance for the orderly development of the city's water treatment and distribution system both inside and outside the city's geographical and water service boundaries; and WHEREAS, the City Council has determined that the existing water delivery system and infrastructure should assume and maintain a favored status when compared to proposed expansions of the system for purposes of serving new areas or customers; and WHEREAS, the City Council has further determined that historically it has not been in the city's interest to take over ownership or assume operational responsibility of substandard water delivery systems and that the City should not continue to do so in the future; and WHEREAS, the city Council recognizes that the City's finan- cial and water resources are not unlimited and that the City of Aspen is not a public utility required to serve all persons or uses; and WHEREAS, the City Council hereby declares that the adoption of the water management policies as set forth herein does not assume and is not intended to represent a commitment, obligation or ability on the part of the city of Aspen to provide water or water delivery services to areas not currently served by the existing system; and WHEREAS, the implementation of the water policies as herein adopted is expected and intended to result in the continued and full utilization of all of the city's water rights; and .. ... ., Existing Water Policy Doc. ~ (~-;" \, '~ ~e ~ ., WHEREAS, the city Council has determined that the adoption of the following comprehensive water management policies is necessary to further and protect the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that the following policies are hereby adopted and shall hereafter guide the city of Aspen and all of its departments in devising, approving and implementing plans and/or projects for the delivery of water services utilizing the city's water resources and municipal water system. It is the intent of the city council that the policies set forth herein shall update and revise those policies as previously adopted by the City in the 1980 Water Management Plan and supersede such older policies should conflicts arise between the two. STATEMENTS OF POLICY It is the policy of the City of Aspen in order of priority to: ONE, provide water users within the City of Aspen with an adequate supply of water for all municipal purposes. TWO, provide water users within the current areas of service with an adequate supply of water for all municipal purposes (see Addendum A for areas of current service). THREE, extend water services outside the city limits and current areas of service only when the extension will not jeopar- dize the first and second priorities as set forth above, and meet the following criteria: a. The extension will be consistent with and further the goals of the Aspen Area Community Plan and those growth management regulations adopted pursuant thereto; and b. The extension will serve only such growth as has been endorsed by the City Council; and c. The extension will make a financial profit for the City; and d. The extension will serve all other applicable goals and policies of the City. In delivering water services the city shall provide and maintain the highest level of protection for the natural environ- ment as reasonably possible as determined by the city within its 2 . ~~.; 'l" '\'. (~ '. sole discretion, subject only to considerations of public health and safety. Furthermore, the delivery of all water and water services shall be subject to supply curtailment ordinances as existing or subsequently enacted by the city. POLICY GOALS The policies set forth herein are designed and intended to serve and further all of the following goals: 1. To provide a reasonable level of water services to customers within the city of Aspen and other areas of service for a full range of municipal uses, subject to curtailment policies in times of shortage. 2. To utilize and protect the city's water rights in order to maintain current and future water service levels while at the same time promoting recreational and environmental interests such as maintaining clean streams, water conservation, maintaining minimum stream flows and aquatic habitat, and developing hydro- electric power. 3. rates. To provide water and water services at reasonable 4. tion. To provide and promote incentives for water conserva- 5. To utilize raw water rather than treated water for irrigation purposes wherever possible. 6. To obtain a financial profit in the delivery of water services. 7. To accommodate only such community and area growth and land uses as are consistent with the planning goals and standards as adopted by the city of Aspen and Pitkin County and which do not require new water treatment facilities or the expansion of existing water treatment plant capacities. IMPLEMENTATION To achieve the goals as set forth above, the following implementation steps shall be undertaken. To protect water quality, the City shall comply with federal and state water quality laws and regulations deemed necessary, enact and enforce local ordinances protect water quality. 1- applicable and, where to further 3 . 4_,'. ~ ~ - 2. The city shall develop incentives to promote water conservation and enact and uniformly enforce ordinances designed to conserve water use. 3. The City shall create educational programs to promote public awareness and understanding of water quality and conserva- tion needs. 4. To the extent reasonably practicable given the City's financial resources and policy goals, the city shall utilize its existing water rights and/or obtain additional water rights deemed critical to maintain minimum stream flows in the upper Roaring Fork Valley and shall work in cooperation with appropri- ate governmental agencies to establish, protect and maintain minimum stream flows. 5. The city shall seek changes in its water rights as necessary and appropriate to maximize the use of its water holdings consistent with the water policies set forth herein. 6. The city shall develop and implement a water capital asset management plan which, when integrated into established area community growth plans and goals, will provide the City and water service areas with adequate and efficient transmission, storage, treatment and distribution facilities and infrastructure to meet current and anticipated future water service needs. 7. The city shall develop and enforce water system infrastructure and operational standards utilizing the minimum standards as adopted by the American Water Works Association as guidelines. 8. The City shall pursue and develop environmentally- sensitive hydroelectric power resources. 9. The City shall discourage the installation of individual domestic wells or well systems in subdivision develop- ment within the City and areas of water service where such systems will detract from the city's water policies or goals, threaten the city's water rights, or would be injurious to the health, safety or welfare of the city, its residents or water users. 10. The city shall to whom raw water can be irrigation purposes in a the use of treated water identify current and future water users supplied in place of treated water for cost-effective manner and shall restrict for irrigation purposes. 4 . \~.;; z\< ie i, t,"', ()~, , 11. The City shall require that a,ll future extensions of the municipal, water system pay their own way and comply with all minimum engineering standards as adopted by the city. 12. The City shall extend water services beyond the city limits and/or areas of existing service only if: i. The extension will improve the water delivery capacity of the system and not adversely impact services to existing water system users. ii. There is sufficient water, and water treatment capacity to provide the new service without jeop- ardizing water reserves and the treatment capaci- ties necessary for the build out of existing areas of service. iii. The extension will not result in an operational financial deficit. iv. The water services to be delivered will only ac- commodate growth which is endorsed by the city of Aspen and consistent with the Aspen Area community Plan. '. v. The extension will not adversely impact the environmental goals of maintaining water quality and quantity, minimum stream flows, the develop- ment of hydroelectric power, and overall water conservation. vi. The extension will result in the delivery of water services at reasonable rates. vii. The extension will include adequate facilities for treated water storage and fire suppression. viii. The extension shall incorporate the utilization of raw water in place of treated water for irrigation purposes whenever reasonably possible. ix. All extension requests shall be accompanied by a processing and review fee as established by the City. x. All extensions of service, or the annexation or conversion of existing private water ser- vices/systems, shall be accompanied by a dedica- tion or transfer of water rights from the userito 5 tit, Ii ~ \" ~a", ~. .* Ii >> "1) ~;', -- the City comparable to the water services to be delivered. Such water rights must be deemed ac- ceptable by the City in ~ts sole discretion. A cash payment in lieu of the transfer of a water right may be accepted by the City in its sole discretion. xi. No extension of service shall be approved without the prior execution of a written water service agreement incorporating a contractual obligation on the part of the user to annex the property benefitted by the water service to the city of Aspen if such property is contiguous or becomes contiguous to the City and the City determines such annexation is desirable. DELEGATION The city Manager may devise and enforce such rules and regulations as she may deem necessary to further implement the policies and goals as set forth in this water management plan and policy statement so long as such additional rules and regulations are not inconsistent with the goals and policies as set forth herein. RESOLVED, APPROVED AND ~ Aspen, Colorado. ADOPTED this ~ g day of , 1993, by the City Council for the City of - -10\/ Rr- f(lJ '-(C~ 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 ;r , 1993. Aspen, jC125.1 Colorado, at a meeting held 6