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Home My WebLink Aboutagenda.council.regular.19990308 CITY COUNCIL AGENDA March 8, 1999 5:00 P.M. I) Call to Order II) Roll Call III) Scheduled Public Appearances IV) Citizens Comments & Petitions (Time for any citizen to adcress Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V) Special Orders of the Day a) Mayors Comments b) Councilmembers' Comments c) City Managers Comments VI) Consent Calendar (These matters may be adopted together by a ~ingle motion) a) Ordinance #6, 1999 - 930 King Street, Lot Split ~,c )Resolution #17, 1999 - "Miners Trail" Street Name/Mocklin Subdivision Resolution #19, 1999 - Wind Energy Purchase Agreement d) Ordinance #5, 1999 -Water Service Agreement - North Forty e) Ordinance #3, 1999 - Rezoning ISelin Park, P~/ f) Ordinance #4, 1999 - Water Service Agreement - Porath Am=.ndment g) Ordinance #7, 1999 - Code Amendment - Fireplaces h) Request for Funds - Y2K Consultant i) Request for Early Release of Grant Awards esolution 20 1999 - Request for Funds - Purchase Bass P-' rk VII) Public Hearings ~ Resolution #18,1999 - Burlingame Annexation Ordinance #3, 1998 - Garbage, Trash and Ashes VIII)'~Action Items a) Resolution #13, 1999 - Ballot Language ~:~ b) Snyder Final Budget IX) Information Items X) Adjournment Next Regular Meeting March 22, 1999 MEMORANDUM TO: Mayor andsCity Council THRU: Amy Margerum, City Manage~ THRU: Julie Ann Woods, Community Development Director ' FROM: Amy GuYStie, Historic Preservation Officer RE: 930 King St. (No Problem Joe)- ClarifiCation to Approved Historic Landmark Lot Split, Landmark Designation Grant, Extension of Plat and Subdivision Exemption Agreement Filing Deadline, First Reading. Parcel I.D. 2737-073-00-037 DATE: March 8, 1999 SUMMARY: On September 28, 199~, via Ordinance No. 20, Series of 1998, Council approved a historic landmark lot split for the property at 930 King Street, former home of "No Problem ~oe?' During the course of the-Council review, the applicant was asked to make changes to the proposal, including creating a shared driveway between the two new parcels, and respecting certain setbacks to address neighborhood issues. These changes were reflected on the site plan that ultimately received Council approval. Although the site plan was revised, it was not recognized at the time of approval ~at the ordinance listed the Ic~ sizes incorrectly, as they had been proposed before amendments were made. In preparing to file their required subdivision exemption plat, the applicant noted that their site plan and ordinance did not coincide ar/d staff determined that a new ordinance would have to be approve& Because this issue has surfaced very close to the 180 day filing deadline for the plat and subdivision exemption agreement (March 28, 1999), staff recommends that an additional30 day.s be allowed for the filing deadline. Finally, the previous ordinance also did not award the $2,000 landmark designation grant, which is typically given to all new landmarks as an incentive. Staff recommends approval of the attached ordinance, which correctly reflects the approved lot sizes created by the lot split, allows an additional 30 days to file the subdivision exemption plat and subdivision exemption agreement, and approves a $2,000 landmark designation grant. APPLICANT: No Problem Joe, LLC, represented by .Gibson Reno Architects. LOCATION: 930 King Street (see attached Exhibits), R-15A zone district. BACKGROUND: The site in question (approximately 13,343 s.f.) currently contains three (3) separate structures. The principal structure, or house,. was built in the late 1800's and is approximately 432 square foot in size. The one-story, cross-gabled structure has a covered front porch, three rooms, and other features typical of mining era structures. It is in extreme disrepair. The other two structures, also in poor condition, include a smokehouse and an outhouse, both of which are probably of a similar age. The applicant has landmarked the property and received HPC final design approval. HISTORIC LANDMARK LOT SPLIT REVIEW STANDARDS: The Historic Landmark Lot Split Shall meet the requirements of Section 26.88.030(A)(2) and (5), Section 26.100.050(A)(2)(e), and Section 26.72.010(G). Section 26.88.030(A)(2), Subdivision Exemptions, Lot Split. The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where allof the following conditions are met. a. The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and Response: The lot has not been previously subdivided. b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.040(A)(1)(c). Response: Two lots are created, both of which conform to the requixements of the R- 15A zone district. An Accessory Dwelling Unit has been appr0ved for the new residence on Lot A. e. The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.100.040(C)( 1 )(a); and Response: No previous lot split exemption was granted. d. A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. Response: The filing of said subdivision plat shall be a condition of this approval. e. Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing 0fgood cause. Response: The applicant has 180 days from the original approval of the lot split (September 28, 1998) to file the plat and subdivision exemption agreement. Because of the amendment entalled in the attached ordinance, Staff recommends an additional 30 days be allowed, so that the plat must be filed by April 28, 1999. f. In the case where an existing single-famil~ dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. Response: No dwelling units will be demolished. g. Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. Response: A total of two units will be created. Section 26.88.030(A)(5), Historic Landmark Lot Split. The following standards must be met: a. The original parcel shall be a minimum of 9,000 square feet in size and be located in the R.-6 zone disLrict or a minimum of 13,000 square feet and be located in the R-15A zone district. Response: The parcel is approximately 13,343 square feet which is larger than the required 13,000 square feet and is located in the R-15A zone district. b. The total FAR for both residences shall not exceed the floor area allowed for a duplex on the original parcel. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. Response: The duplex FAR which would have been allowed for the lathering parcel; which in this case is 4,384 square feet, plus an FAR bonus of 250 square feet from HPC, will be divided betWeen the new parcels. Lot A will be developed with a new single family residence of 2,889 s.f. Lot B will contain I~745 s.f. (which includes the FAR bonus.) The applicant has indicated on the attached previously approved site plan that Lot A will be an 8,748 square foot parcel, and Lot B will be a 4,594 square foot parcel. These lot sizes and floor areas must be indicated On the plat. e. The proposed development meets all dimensional requirements of the underlying zone district. HPC variances and bonuses are only permitted on the parcel that contains a historic structure. Response: Setback variances have been requested and approved by the HPC for the historic structure. An FAR bonus has also been approved by the HPC. Section 26.100.050(A)(1)(e), GMQS Exemption by the Community Development Director, Historic Landmark Lot Split. The construction of a new single-family dwelling on a lot created through a Historic Landmark Lot Split pursuant to section 26.88.030(A)(5) shall be exempted from residential Growth Management allocations and shall not be deducted from the pool of annual development allotments or from the metro area development ceilings. Response: An exemption by the Community Development Director was previously granted via Ordinance No. 20, Series of 1998 and is reiterated in the attached ordinance. Section 26.72.010(G)~ Itistorie Landmark Lot Split. The development of all lots created pursuant to section 26.88.030(A)(5) shall be reviewed by HPC at a public hearing. Response: The HPC held a noticed public heating and recommended approval of the lot split? the exact detail of which was later revised at City Council. RECOMMENDATION: Staff recommends that City Council approve the historic landmark lot split application for 930 King Street, with the lot sizes and assigned floor areas as clarified in Ordinance No. ~__, Series of 1999. Staff further recommends that the City Council approve an extension on the deadline to file the subdivision exemption plat to April 28, 1999, and that Council approve a $2,000 landmark designation grant for the property. All other conditions of Ordinance #20, Series of 1998, as follows, remain in effect. 1. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the .Community Development and Engineering Departments and recorded in the office of the Pitkin County clerk and recorder within one hundred eighty(180) days of final approval by City Council, which Shall be extended to April 28, 1999. Failure to record the plat and subdivision e~emption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.88.040(D)(2)(a) of the Aspen Municipal Code; b. Contain a plat note stating that development of Lot A shall be required to mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c) of the Municipal Code; c. Contain a plat note stating that the lots contained therein shall be prohibited from applying for further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; d. The two lots created by this lot split shall have a total allowable base FAR, on both lots combined, equal to 4,634 square feet of floor area prior to consideration of potentially applicable lot area reductions (i.e., slopes, access easements, etc.). The applicant shall verify, with the City Zoning Officer the total allowable FAR on each lot, taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, Lot A containing 8,748 square feet and Lot B containing 4,594 square feet. Provided it is 'found by the Zoning Officer that no lot area reductions are required, the maximum allowable FAR on Lot A will be 2,889 s.f. and 1,745 square feet of floor area on Lot B (the two historic outbuildings will remain). The information verified by the City Zoning Officer shall be included on the plat, as a plat note; e. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the R15A zone district, except the variances approved by the HPC. f. That the base elevation from which building height will be measured is hereby established as 7926' which represents the topographic elevation of the site in 1975, prior to fill activity. g. That the two lots will share a common driveway on King St. The common driveway will be 10' wide at King St. to the front setback line and then widened as necessary to provide adequate maneuvering room between the two garages. This requirement shall be reflected on the final exemption plat and shall contain language addressing a cross-access easement between the two properties. h. That biDth Neale St. and King St. will have a front yard setback of 25'. i. That the development of both Lots A and B have received HPC Final Development approval in accordance with Section 26.72.010. 5 2. As a minimum, the subdivision exemption agreement shall include the elements outlined in Section 26.88.050 of the Aspen Municipal Code, and shall meet the recording and timing requirements described in Section 26.88.030(A)(2)(e), with an extended deadline for filing by April 28, 1999. 3. Prior to issuance of a Certificate of Occupancy on either lot, the applicant shall sign a sidewalk, curb and gutter construction agreement and pay the applicable recording fees. 4. All material representations made by the applicant in this application and during public hearings with the City Council shall be adhered to and shall be considered conditions of approval, unless otherwise amended by City Council. 5. That the construction of a new single-family dwelling on Lot A created through this Historic Landmark Lot Split pursuant to section 26.88.030(A)(5) is exempted by the Community Development Director from residential Growth Management allocations and shall not be deducted from the pool of annual development allotments or from the metro area development ceilings, in accordance with Section 26.100.050(A)(2)(e). RECOMMENDED MOTION: "I move to approve Ordinance No. ~, Series of 1999, on First Reading." CITY MANAGER'S COMMENTS: Exhibits: Ordinance No. ~ Series of 1999. Exhibit "A" - Staff memo dated March 10, 1999. Exhibit "B" - Application ORDINANCE NO. _~ (SERIES OF 1999) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING APPROVAL OF A SUBDIVISION EXEMPTION FOR AN HISTORIC LANDMARK LOT SPLIT, AN EXTENSION OF THE PLAT AND SUBDM SION EXEMPTION AGREEMENT FILING DEADLINE, AND A LANDMARK DESIGNATION GRANT FOR 930 KING STREET, CITY OF ASPEN WHEREAS, pursuant to Sections 26.88L030(A)(2) and (5) and 26.72.010(G) of the Murdcipal Code, an Historic Landmark Lot Split is a subdivision exemption subject to review and approval by City Council after obtaining a recommendation from the Historic Preservation Commission (hereinaf~er HPC); and WHEREAS, the applicant, NPJ, LLC, requested and received approval via Ordinance No. 20, Series of 1998, to split the 13,343 Square foot parcel to create two .separate single-family residential lots; and WHEREAS, Ordinance No. 20, Series of 1998 incorrectly represented 'the lot sizes that would be created by the approved site plan; and WHEREAS, the error must be corrected through adoption of a new ordinance; and WHEREAS, due to the late discovery of the error in the ordinance, the applicant requests a 30 day extension in the deadline to. file the subdivision exemption plat and subdivision agreement; and WHEREAS, the applicant requests a $2,000 landmark designation grant, which was not awarded in Ordinance No. 20, Series of 1998; and WHEREAS, the Community Development Department has reviewed the application and recommends approval of the requests, with conditions as established in Ordinance No. 20, Series of 1998; and WHEREAS, the Aspen City Council has reviewed and'considered the .clarification to the approved lot Split, request for extension of filing deadlines, and landmark designation grant under the applicable provisions of Chapters 26.72 and 26.88 of the Municipal Code as identified herein, has reviewed and considered those recommendations made by the COmmunity Development Depeamtent, and has taken and considered public comment at a public heating; and WHEREAS, the City Council finds that the clarification of the lot sizes created by the Historic Landmark Lot Split, with conditions, meets or exceeds all applicable development standards of the above referenced Municipal Code sections; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the public health, safety and welfareL NOW, TI-IF~REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to Sections 26.88.030(A)(2) and (5), 26.72.010(G), and Section 26.76.020 of the Municipal Code, and subject to those conditions of approval as specified herein, the City Council finds as foliows in regard to the clarification of the subdivision exemption: 1. The applicant's submission is complete and sufficient to afford review and evaluation for approval; and, 2. The subdivision exemption is consistent with the purposes of subdivision as outlined in Section 26.38.010 of the Murdcipal Code; which purposes include: assist in the orderly and efficient development of the City; ensure the proper . distribution of development; encourage the well-planned subdivision of land by establishing standards for the design of a subdivision; improve land records and survey monuments by establishing standards for surveys and plats; coordinate the construction of public facilities with the need for public facilities; safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser; and, promote the health, safety and general welfare of the residents of the City of Aspen. Section 2: Pursuant to the findings set forth in Section 1, above, the City Council does hereby approve the historic landmark lot split application for 930 King Street, with the 'lot sizes and assigned floor areas as Clarified below. All other conditions of Ordinance #20, Series of 1998, as follows, remain in effect. 1. A subdivision plat and subdivision exemption agreement shall be reviewed and appmved by the Community Development and Engineering. Departments and recorded in the office of the Pitkin County clerk and recorder within one hundred eighty (180) days of final approval' by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.88.040(D)(2)(a) of the Aspen Municipal Code; b. Contain a plat note stating that deyelopment of Lot A shall be required to mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c) of the Municipal Code; c. Contain a plat note stating that the lots contained therein shall be prohibited from applying for further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application; d. The two lots created by this lot split shall have a total allowable base FAR, on both lots combined, equal to 4,634 square feet of floor area prior to consideration of potentially applicable lot area reductions (i.e., slopes, access easements, etc.). The applicant shall verify with the City Zoning Officer the total allowable FAR on each lot, taking into account any and all applicable lot area reductions. The property shall be subdivided into two parcels, Lot A containing 8,748 square feet and Lot B containing 4,594 square feet. Provided it iS found by the Zoning Officer that no lot area reductions are required, the maximum allowable FAR on Lot A will be 2,889 s.f. and 1,745 square feet of floor area on Lot B (the two historic outbuildings will remain). The information verified by the City Zoning Officer shall be includedon the plat, as a plat note; e. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the R15A zone district, except the variances approved - by the HPC. f. That the base elevation from which building height will be measured is hereby established as 7926' which represents the topographic elevatiofi of the site in 1975, prior to fill activity. g. That the two lots will share a common driveway on King St. The common driveway will be 10' wide at King St. to the front setback line and then widened as necessary to provide adequate maneuvering room between the two garages. This requirement shall be reflected on the final exemption plat and shall contain language addressing a cross-access easement between the two properties. h. That both Neale St. and King St. will have a front yard Setback of 25'. i. That the development of both Lots A and B have received HPC Final Development approval in accordance with Section 26.72.010. 2. As a minimum, the subdivision exemption agreement shall include the elements outlined in Section 26.88.050 of the Aspen Municipal Code, and shall meet the recording'and timing requirements described in Section 26.88,030(A)(2)(e). 3. Prior to issuance of a Certificate of Occupancy on either lot, the applicant shall sign a sidewalk, curb and gutter construction agreement and pay the applicable recording fees. 4. All material representations made by the applicant in this application and during public hearings with the City Council shall be adhered to and shall be considered conditions of approval, unless otherwise amended by City Council. 5. That the construction of a new single-family dwelling on Lot A created through this Historic Landmark Lot Split pursuant to section 26:88.030(A)(5) is exempted by the C'ommunity Development Director ~'om residential Growth Management allocations and shall not be deducted fi'om the pool of armual development allotments or titore the metro area development ceilings, in accordance with Section 26.100.050(A)(2)(e). Section 3: The deadline for filing the final plat and subdivision exemption agreement is hereby extended to April 28, 1999. Section 4: A $2,000 landmark designation grant is hereby awarded to NPJ, LLC. Seaion 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section6: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7: A public hearing on the Orc!inance was held on the 22nd day of March, 1999, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fi~een (15) days prior to which hearing a public notice of the same was published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8th day of March, 1999. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: John Worcester, City Attorney FINALLY, adopted, passed and approved this 22nd day of March, 1999. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk February 26, I999 ~ > ~ Ms. Amy Guthr/e, Historic Preservation Officer -~ ~ ~ DAVl O Development Department .IJ ~.%,~: 130 South Galena St. : AUGUST ASpen, CO 81611 f RENO AIA RE: 930 King Street No Problem Joe sco'rv SMITH AIA Dear Amy, I have attached information regarding the Historic Lot Split for the March g, 1999 City CounCil meeting. As you know this submission is required because of a minor lot split- adjustment due to setback and the sh red GIBSON' RENO The total area of the lot is 13,340 SF. We Would propose that the lot be spilt into two parcels so that the western lot will be 8,748 SF and the 210 EAST HYMAN east lot is 4,594 SF. The floor areas of the proposed houses will be r~,,202 2,79.5 SF for the western house and 1,669 SF for the east lot. ASPEN This information includes: CokoRADo 1. Vicinity map 2. Legal description 970.925.5968 3. Historic lot split 4. List of adjacent property owners ~ACSI~XIkS 5. Lot split survey map (reduced 970.925.5993 Thanks for your assistance concerning this project. Please contact me if you should have any questions. ~o. BOX 278 101 E. COLORADO AVE R ctfull~ s ~ SUITE TE~LUP, IDE COLORADO 81435 Letson 970.728.6607 cc: H. Cahn EACSIMI~n 970.728.~658 KING 'STREET :~ ;.' t . '4 2 :,,2, wBe/mel~elI 3 ATTACHMENT 2 No Problem Joe 930 King Street LEGAL DESCRIYrlON A TRACT OF LAND SITUATED IN THE S ~h OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TM P.M. IN CITY OF ASPEN, pITKIN COUNTY, COLORADO BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN BOOK 645 AT PAGE 892 OF THE PITKIN COULTY RECORDS WHENCE CORNER NO. 11, EAST ASPEN ADDITIONAL TOWNSITE BEARS N52 DEGREES 2Y 03" E 160.23 FT., THENCE S 26 DEGREES 52' 00" W 103.58 FT. ALONG THE WEST LINE OF SAID TRACT: THENCE N 61 DEGREES 57' 06" W 27.78 FT., THENCE N 55 DEGREES 52' 50" W 18.64 FT., THENCE N 58 DEGREES 48~ 18" W 34.01 FT., THENCE N 58 DEGREES 29' 54' W23.85 FT., THENCE N 48 DEGREES 15' 12" W 34.73 FT., THENCE N 23 DEGREES 28' 17' E 81.89 FT., THENCE S 65 DEGREES 20' 31" E 142.47 FT. TO THE POI2qT OF BEGIINvNI2qG, CONTAINIiNG 13,343 SQ FT. MORE OR LESS. ATTACHIv~NT 3 msTORIC LOT SPLIT The applicant requests an Histo~c Lot Split per Sections 26.88.30 (A) (2), 26.100,050 (A) (2) (e), and 26.72.010 (O). The proposed Historic Lot Split complies with Section 26.88.030 (A) (2). This proper~ has never been subdivided before; will only create two (2) lots; and will only conswuc~ two (2) units plus an affordable dwelling unit. The proposed I-~toric Lot Split complies with Section 26.72.010 (G) and Section 26.100.050 (A) (2) (e) if the property is designaXed us an Historic Landmark. Vlb TO: The Mayor and City Council FROM: Sarah Oates, Planning Technician ~ ' RE: Amendment to the Mocklin Subdivision Plat to Name a Street "Miner's Tiail" --- Resolution Number J~ Series of 1999. DATE: March 8, 1999 SUMMARY: The Community Development Department received a request for an Insubstantial Amendment to the Mocklin Subdivision Plat to officially name the access to the subdivision "Miner's Trail." Pursuant to Section 26.881060, Amendment to Subdivision Development Order, therequested plat amendment can be administratively approved by the Community Development Director; however, street name requests require City Council approval. Staff recommends that City CoUncil approve with conditions the request to officially name the street access to Mookiln Subdivision "Miner's Trail." APPLICANT: Creekstone Builders, Inc. represented by Stephen Keller. LOCATION: Adjacent to (at) the intersection of Gibson Avenue and Lone Pine Road. BACKGROUND: Mocklin Subdivision consists of an existing multi-family unit, and six single family dwelling units currently being built. The subdivision was approved in 1995, and the street will provide access to the single family units, STAFF COMMENTS: With respect to the requested street name of "Miner's Trail," staff has solicited the Engineering, Fire, Water, Streets, and Police Departments as well as the City GIS (mapping) division, Communications Center and U.S. Post Office to find out whether.there are any concerns with the proposed street name. Staff has not been told of any problems or concerns regarding the proposed name, nor would the proposed name duplicate the name of any existing street within Pitkin County. There are six affected units, all of which are currently being built. The street name "Miner's Trail" was suggested by the applicant. If the street name is approved by City Council, the Community Development Depath.ent will administratively process the Insubstantial Plat Amendment. In order to qualify as an Insubstantial Amendment to the subdivision development order, the request must not violate any of the provisions of Section 26.88.060(A). The provisions of said section of the code follow, along with staffs response. 1. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process, or any other minor change to a plat which the Community Planning Director finds has no effect on the conditions and representations limiting the approved plat. RESPONSE: Naming the street is a minor change to the plat. The proposed amendment would not have an effect on the conditions and representations of the subdivision approval. RECOMMENDATION: The Community Development Department recommends that Council approve the attached Resolution, allowing Creekstone Builders, Inc. to name the access "Miner's Trail" with the following conditions: 1. Within 180 days of this approval, the applicant must complete an Insubstantial SubdivisiOn Plat Amendment to update the Mookiln Subdivision plat in accordance with the approvals contained herein. 2. If new street signs are needed, said signs shall be purchased by the applicant through the City Streets Department. The sign(s) shall be installed in a location approved by the Streets Department, and any costs associated with the installation of the sign(s) shall be borne by the Cr~ekstone Builders, Inc. 3. All material representations made by the applicant in this application shall be adhered to and shall be considered conditions of approval, unless otherwise amended by the Community Development Director or City Council. Subdivision "Miner' s Trail .' CITY MANAGER'S COM1VIENTS: EXttIBITS: Exhibit A: The Submitted Application A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING "MINER'S TRAIL" AS THE STREET NAME FOR THE MOCKLIN SUBDIVISION WHEREAS, the Community Development Depamnent received an application from Mr. Stephen Keller on behalf of Creekstone Builders, Inc. requesting approval for a street name; and WHEREAS, since the Mocklin Subdivision street access is a public fight-of-way, only City Council has the authority to approve a name, provided the proposed name will not duplicate or be confused with existing street names within the City or its environs; and WHEREAS, the Community Development Department has reviewed the application and solicited comments from the Engineefing Department, Fire Department, U.S. Post Office, Water Departxnent, Streets Depax tment, Police Department, Communications Center and City Mapping (GIS) Division, and no concerns were raised; and WItEREAS, Community Development Department staff is recommending approval of the proposed street name with conditions; and WHEREAS, the Aspen City Council has reviewed and considered the requested street name, and has reviewed and considered those recommendations made by the Community Development Department; and WHEREAS, the City Council finds that the proposed street name, with conditions, meets or exceeds all applicable criteria of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: :I'hat the Aspen City Council hereby approves Creekstone Builders, Inc. request to name the street access to Mocklin Subdivision "Miner'sTmil,' with the following conditions: I. Within 180 days of this approval, the applicant must complete an Insubstantial Subdivision Plat Amendment to update the Mocklin Subdivision plat in accordance with the approvals contained heroin. 2. If new street signs are needed, said signs shall be purchased by the applicant through the City Streets Department. The sign(s) shall be installed in a location approved by the Streets Department, and any costs associated with the installation of the sign(s) shall be borne by Creekstone Builders, Inc. 3. All material representations made by the applicant in this application shall be adhered to and shall be considered conditions of approval, unless otherwise amended by the Community Development Director or City Council FINALLY, adopted, passed and approved this day of ,1999. Approved as to form: Approved: John Worcester, City Attorney John Bennett, Mayor I, Kathxyn 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 ,1999. Kattuyn S. Koch, City Clerk CREEKSTONE A~'~N / ~!'FKIN CCMMUNi~ january 29, 1999 lulie Ann Woods" City of Aspen Community Development 130 South Galena Street Aspen, Colorado 81611 Re: R~quest for Street Name Dear Yulie: Per the request of Sara Thompson ~'om the Zoning Department, we are officially requesting a street name for the Mocklin Development and ·offer the folio,wing suggestions: · Silver M. ine Koad · Miner's Trail · Silver Drive · Silver Trails Your prompt attention to this matter is appreciated, as the building inspectors are reluctant to sign the required inspections without a proper street address. Should you have any questions, please call. Sincerely, · Stephen D. Keller President Creekstone Custom Hom'es, Inc. 4545 Post Oak Place ~' Suite 100 Houston, Texas 77027 tel 713 621 5300 · fax 713 621 8078 CREEKSTONE F,~b~ary 10, 1999 Sara Oates City of Aspen Community Development 130 S. Galena Aspen, Colorado 81611 Re: Street Name Dear Sara: Please find enclosed a check in the amount of $460.00 for the processing of the street name for the Mocklin Subdivision in Aspen, Colorado. Should you have any questions, please call. Sincerely, Stephen D. Keller Presidem Enclosure FEB I I Lc99 Creekstone Builders, Inc. 4545 Post Oak Place ~ Suite 1OO Houston, Texas 77027 tel 713 521 5300 ~ fax 713 521 8078 TO: Engineering Depaxuaen~ Fire Department U.S. Post Offic~ Water Depaxt~ent Streets Dependent Police Dep~nent Comm~cafio~ Ce~er M~ Lacier FROM: S~ Oates, PlUg Tec~ci~ Comm~ Development Deponent ~: "~er's T~' S~eet Name for M0cklle Subdillon DA~: October 20, 1998 "Ivfiner's Trail" has been selected as Cue s~eet name for the Mocldin Subdivision located · at Gibson Avenue and Lone Pine. Please call me at 920-5~.1 if you have any questions or concerns about this street n~rne by March 1, 1999, at which point a resolution approving the name will be presented to City. Council. -:{' · ~"~',' ~" ;'~ '.~" '~ ' ,' ~ ~ & EMS Aspen-Pitkin Coun Communications Center To: - Sarah Oates, Planning Technician Community Development Department. From: Bruce Romero, MSAG Manager Tricia Louthis, GGM Manager RE: "Miner's Trail" street name for Mockdin Subdivision Date: February 22, 1999 Miner' s Trail is an acceptable street name based on our standards for street names and addresses. We request that we are notified when specific street number ranges are decided. Bruce Romero, MSAG Manager Tricia Louthis, GGM Manager ¸' 506 East Main Street, Dept. C Aspen, Colorado 81611 970-920-5310 FAX: 970-920-5339 MEMORANDUM TO: MAYOR AND COUNCIL THRU: AMYMARGERUM, CITYMANAGER ~kLf THRU: JOHN WORCESTER, CITY ATTORNEY ~/~ FR03/I: PHIL OVEREYNDER, WATER DIRECTOR ~ DATE: MARCH3, 1999 SUBJECT: AGREEMENT TO PURCHASE WIND ENERGY THROUGH PLATTE RII/'ER PO WER A UTHORITYAND 3/IUNICIPAL ENER G YA GENCY O F NEBRASKA RESOLVTION NO. t© SUMMARY: Approval of this agreement would provide for approximately 3.5% of the City's municipal electric utilities average energy requirements to be produced through wind generation. PREVIOUS COUNCIL ACTION: In December, 1998, City Council approved Resolution No. 94. The resolution authorized staff to negotiate final agreements for purchase of wind energy with Platte River Power Authority (PRPA) for up to 2,000,000 kilowatt hours (kwh) annually at. ~ price of $0.044/kwh. The Council resolution was in response to a proposal from PRPA to provide energy from its Medicine Bow, Wyoming, wind site. In July, 1998, council had requested proposals for purchase of wind energy for a period up to 20 years at a price of up to $0.042/kwh. BACKGROUND: The proposal from PRPA was the only response to the request for proposals as authorized by Council. Council directed staff to negotiate a final agreement for purchase of wind energy for C ouncil's consideration based on the terms outlined in PRPA's proposal. CURRENTISSUES: The principles of the proposed wind energy purchase have been described in a staff memo dated December 9, 1990 (attached). Significant changes from the original PRPA proposal to sell wind energy are: · Rather than purchasing the entire output from a single 660 kwh wind turbine, the current proposal is that Aspen would purchase up to 40% of the output of a larger 1650 kw turbine with a purchase ceiling of 2,200,000 kwh based on a 10-year nannlng average. · The original proposal required PRPA to install a 660 kwh wind turbine. The present proposal differs in that it commits Aspen to purchase up to the specified mount if the larger wind turbine. is constructed and leaves the fmal decision to construct to PRPA. This is necessary since other partners will be needed Ito finance the entire cost of the larger turbine. · Although there is currently no market for "carbon credits" that may be accrued because of the operation of the wind turbine, the City and MEAN will have the right to purchase these rights in the future under terms that are more favorable than whatever the market would generally determine as a fair price. · Although all known costs of wheeling the power from Wyoming for use within the City's electrical service areas will be included in standard charges already included under the City' s "all requirements" energy purchase with MEAN, it is possible that the City could be billed for additional charges associated with scheduling deliveries of wind energy if an unanticipated interruption of wind power occurs. Staff does not believe this will occur on a frequent basis given current energy scheduling practices. The cost of any such changes can not be quantified in advance, but based on existing experience for wind farms, staff does not believe these charges would cause the long term average cost of power to increase significantly. However, because this uncertainty applies to wind projects generally and because the Western Area Power Administration (WAPA) deals with similar circumstances, it is ihe intent of the parties to join with other wind producers to seek relief from WAPA?s curreni policy of charging for unscheduled interruptions. · The offered purchase price of the wind energy, including charges from PRPA and MEAN is significantly higher than the price the City offered in its original request for proposals and in PRPA's original proposal to the City. Hence, the "wind premium," or difference between the wholesale price of energy from existing contracts and the proposed contract would be higher than represented in the(Secember 9, 1998 staff memo indicates. (See Financial Implications for details.) ~ (~,~ ,~..~;~ ~ · The form of the agreement(s) as currently proposed differs from staff s original proposal. Rather than a three party agreement between Aspen, PRPA and MEAN, there are now two agreements. The City would agree to purchase the wind energy through an addendurn to its existing contract with MEAN. MEAN would in turn enter into a second agreement with PRPA (alSo attached for Council' s review). · The City and MEAN have the option of extending the contract term in addkional one-year increments beyond the 20-year period if PRPA determines that the turbine continues to have useful life. · A cost escalation factor is built into the rates for purchased power, ranging from $0.044 kwh in year one to $0.051/kwh in years '6-20. The average purchase price over the term of the contract will be $0.499/kwh. · The proposed contract assigns value only to the energy produced (based on kwh Output) without any value assigned to the capacity (maximum kw output) of the wind turbine. Earlier estimates provided by staff indicated a value of approximately 500 per year in capacity creditS. Capacity credits were factored into the cost analysis in the December 8, 1998, staff analysiS and were used in estimating the cost of the "wind premium" associated with the proposed purchase. FINANCIAL IMPLICATIONS: The current proposal provides for a unit cost escalation for the first five years of the contract and a fixed price for the remainder of the 20-year contract term. Using the average purchase price for the contract, the '~ind premium" the City would be paying would be 2 approximately $0.030/kwh. Based on an annual rated output of up to 2,200,000 kwh to be purchased, the additional maximurn armual cost of the Contract when compared to purchase of coal fired output would be approximately $66,000/year plus an additional $5,000 administrative and scheduling charge firore MEAN for a total of $71,000. The output from the wind turbine could be significantly below this maximum figure in any given year. Staff believes a budget figure Of $65,000/year is a realistic average that the contract would cost when compared with buying the same amount of power from its existing contract with MEAN. This differs from the initial projections of $52,000/year of increased cost as outlined in the December 8 staff report. However, the rated power output has increased by about 10% from earlier estimates and there is no credit assigned to any capacity as a result of power scheduling uncertainties for wind turbines. ,4I. TERNATIVES; Staff evaluated purchasing additional retail wind energy from Holy Cross Energy CHCE) for power consumed by City facilities and the potential to expand use of hydroelectric energy. The "wind premium" for purchase of retail power from HCE is $0.025/kwh which is favorable when compared to the proposed contract. However, because it is a retail contract, the amount of energy available for purchase at City facilities is much more limited than in the proposed wholesale agreement. These options do not preclude the current contract and staff will continue to investigate other forms of "green" energy to increase its portfolio above the current level of approximately 50% renewable sources. RE COMMENDATIONS: Staff recommends that Council approve the agreement to purchase wind energy fi:om Platte River Power Authority through an amendment to its existing agreement with the Municipal Energy Agency of Nebraska. PROPOSED MOTION: I move to adopt Resolution No. [ 7, Series of 1999, approving a wind generated energy purchase supplemental agreement with the Municipal Energy Agency of Nebraska. CITY MANAGER COMMENTS: /windpower,,cncmem.wpd 3 MEMORAND UM TO: MAYOR AJVD COUNCIZ THR 0 UGH: AMY MAR GER UM, CITY MANAGER THROUGH: JOHN WORCESTER, CITY ATTORNEY 4/~ FROM: PHIZ OVEREYNDER, UTIZITY DIRECTO~ DATE: DECEMBER 9, 1998 SUBJECT: ACCEPTANCE OF PLATTE RIVER POWER'S PROPOSAL FOR PURCHASE OF WIND ENERGY SU3f~VFtRY: The City solicited proposals for the purpose of purchasing energy from a wind turbine to be constructed at the Medicine Bow, Wyoming, wind site by approval of a Letter of Intent to purchase wind energy. The Platte River Power Authority has responded tO the City's Letter of Intent With a proposal to sell the wind energy from a 660 kw wind turbine, which will be financed, constructed and operated by Platte River Power. The City would be obligated to purchase the output from the wind .turbine following final negotiation of a purchase power agreement with Platte River Power. Acceptance of this proposal will authorize the City' Attorney and staff to begin negotiations on the purchase power agreement based on principles .outlined in the attached proposal. It is anticipated that a final agreement will be reached in the Spring of 1999, and that operations of the wind turbine could begin operation in the fall. The City would begin payments for wind energy upon operations start up. PREVIOUS COUNCIL ACTION: In July of this year, Council adopted i resolution offering to purchase wind power from prospective energy providers for a 20-year period at a specified price. The letter of intent which Council approved under this resolution (attached) was used as the basis to solicit proposals for provision of wind energy from the Medicine Bow, Wyoming wind site. The letter of intent clarifies that the City has no specific financial responsibility for purchase of any wind energy until a purchase power Contract is entered into between the City and an entity that responds with a proposal acceptable to the City. The July 8, 1998 staff report that formed the basis for the Letter of Intent to purchase wind energy is also attached for Council's reference. This memo will only address changes from the guidelines set in the Letter of Intent or deviations from the analysis prepared in the JUly staff memo. BACKGROUND: Platte River Power Authority is the only entity which responded with a proposal to sell wind energy. Staff considers this offer to be responsive to the City's Letter of Intent to purchase power (see attached Proposal from Platte River Power). There are a number of deviations from the assumptions made in staffs analysis regarding the capacities of wind turbines and the resultant cost to the Electric Fund that Council should be aware of in acceptance of Platte River POwer' s proposal. FINANCIAL IMPLICATIONS: In the Zuly report to Council, staff analyzed the financial and rate implications of purchasing the output from a 600 kw wind machine located at the Medicine Bow wind site in Wyoming. While the proposal from Plane River Power is structured in the same manner as our Letter of Intent ~ terms of limiting the City's responsibility to purchase only the power actually produced from a single wind turbine, Platte River is proposing to install a slightly larger and more efficient turbine which will have a higher average energy output. The staff analysis prepared in July of this year was based on the City's purchase of the · power output from a 600 kw turbine and concluded that the city's Increased cost to purchase wind energy would average approximately $35,000 annually when compared to purchasIng the same amount of energy under its current contracts to MEAN, which provides primarily fossil fuel power, The proposal from Platte River is to sell the output from a 660 kw wind turbine. Because the turbine can take advantage of frequent higher wind speeds the projected average annual power output increases from 1,670,000 kwh per year to about 2,020,000 kwh per year or about 20% more power output annually. The projected cost of purchased power was 4.2 cents per kwh in the original staff analysis versus 4.43 cents per kwh in the cuzrent proposal. These two factors combine to provide an increased cost for an increased energy output. The annual increase in cost when ,comparing the same quantity of purchased power under the Mearx contract for fossil fuel power is estimated at $52,000 per year compared to the original analysis of $35,000 per year. CURRENT ISSUES AND ELECTRIC RATE INFLUENCES: As indicated under the current issues section of the July 8, 1998, staff report, staff understands Council's policy direction to expand its current portfolio of renewable energy sources. The ratio of renewable sources to total energy provided to the City is approximately 50% and would increase by only approximately 1% if this proposal is accepted. When the bonds for the R. uedi Project are retired in 2003, there will be a substantial' reduction in the fixed expenditures of the Electric Fund and a corresponding opportunity to invest in projects which would increase the City's renewable energy sources either through development of local hydroelectric projects or purchase of wind energy. The Platte River proposal is structured to allow the City to choose to either provide power at a specified unit cost for a 20-year period or to provide for a lower initial cost with an inflation factor. The latter approach provides Platte River with a present value of 4.3 cents per kwh .produced but would allow the City to take advantage of lower initial costs until the R.uedi Bonds are paid off. The resultant effect of cost cscalation option would be to reduce any upward pressure on electric rates a result of purchasing wind energy at a higher cost than the current market for fossil fUel power. ALTERNATIVES: Altematives to purchasing wind power under this proposal were described in the July 8, 1998, staff memo and includes continued purchase of fossil fuel power under the existing MEAN contract as well as expanded development of hydroelectric projects locally. It was noted that the lead time for hydroelectric projects was substautial while them is a potential for a substantial increase in the percentage of renewable power which supplies the City under this alternative. It was also noted that increased wind power and hydroelectric power generation are not mutually exclusive. IMPLEMENTING STEPS: If Council accepts Platte River Power Authority's proposal, two additional steps will be necessary to implement this agreement. A purchased power contract will be required with Platte River. Second, the MEAN Board of Directors will need to approve an amendment to this existing purchase power contract with the City. MEAN has indicated their willingness to do so on terms favorable to the City in order to encourage the development of renewable energy sources. RECOMMENDATION: Staff recommends that Council accept Platte River Power Authority's proposal to provide wind energy and direct Staff and legal counsel to prepare a Purchased Power Contract and amendments to the Mean contract. PROPOSED MOTION: I move to accept Platte River Power Authority' s Proposal for sales of energy from Wind Powered Resoumas and direct the City Attorney and staff to negotiate the necessary contractual arrangements for Council's final acceptance CITY MANGER COM~VIENTS: /word/cnc/wlndpower RESOLUTION NO. ~ Series of 199~ A RESOLUTION APPROVING A WIND GENERATED ENERGY PURCHASE SUPPLEMENTAL AGREEMENT BETWEEN THE MUNICIPAL ENERGY AGENCY OF NEBRASKA AND THE CITY OF ASPEN, COLORADO, RELATING TO THE EXISTING ELECTRICAL RESOURCES POOLING AGREEMENT AND TOTAL POWER REQUIREMENTS PURCHASE AGREEMENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID SUPPLEMENTAL AGREEMENT ON BEEF OF ~ CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a wind generated energy purchase supplemental agreement between the Municipal Energy Agency of'Nebraska, and the City of Aspen, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that wind generated energy purchase supplemental agreement between the Municipal Energy Agency, of Nebraska, and the City of Aspen, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said agreement amendment on behalf of~e City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day Of ,199_. John S. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, COlorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk 03/04/99 TIKT 13:24 FA~ 402 474 0473 N3lPP ~z ~uu~ Supplemental Agreement between Municipal Energy Agency of Nebraska and The City of Aspen, Colorado TI-IIS WIND-GENERa..TED ENERGY PURCHASE AGREEMENT C'A~re~menf') is made between the Municipal Energy Agency of Nebraska, an agency and political subdivision of the Stale of Nebraska C'MEA.N") and the City of Aspen, Colorado, a home Me city of the Stat~ of Colorado C'Aspen') on '~s .....dayof ,1999. MEAN and Aspen arc sometimes referred to collectively as the P.arties and individually as Party. WHEREAS, Aspen is a municipal corporation created under the Constitution of the laws of the S~atc of Colorado; and WI-IEKEAS, Aspen has established by ordinance an elec~-ic enterprise C'Enterprise") having the authoriF/to in all re ,'pects act as an emerprise under Colorado law, Colorado Constitution Article X, § 20; WHEREAS, Aspen and MEAN have entered into an Electrical Resources Pooling Agreement and a Total Power ]',equiremems Power Purchase Agreen~ent, pursuam to which MEAN is to acquire and dcliv~: to Aspen all of Aspen's electrical ,energy needs (except as other, vise provided in the Parties); and WHEREAS, Aspen has requested lVlEAN to purchase and deliver to Aspen wind- generated electrical energy as part of Aspen~'s total elecirical energy requirements; and WHEREAS, due to unique circumi~ancas affecting ~ sale of wind.generated electric capacity and energy, the Partie-, desire to agree on certain contractual mrrns and conditions in addition to those that normally ~ttend the sale of the elecuie capacity and energy by MEAN to Aspen; and WHEREAS, Aspen underads and acknowledges that the energy output from a wind turbine is weather sensitive and speculative in nature and, therefore, it is likely that MEAN may incur scheduling sa~d / or delivery irabalance penalties and surcharges regarding the delivcx3' of such energy to Aspen; and WHEREAS, MEAN h,' ~ or will enter into a Wind Energy Purchase Agreement with the Platte River Power Authority C PRPA") ~o purchase wind-generated electrical energy exclusively on beimlf of Aspen; and 02/04/99 TIEI 12:25 FAX 402 474 0472 h'liPP ~N~RGY ~eluv~ DRAFT 34-99 WHEREAS, Aspen un{ lerstands that but for Aspcn's request, .'ViEAN would not presently cntex into a wind-generated ~le :trical energy purcb,ue contract with P R.P A; and WI~REAS, Aspen agr.-es to hold MEAN fmancial/y harmless for any and all costs associated with the purchase ax :d delivery of the wind-genera~d energy to Aspen, including any scheduling or balancing surcha :gcs or penalties which may be incurred from time-to-time bceaus6 of the weather sensitiv: and speculative nalure of wind-generated anerl~y. NOW, THEREFORE, ia consideration Of the mutual promises and coveainU contained heroin and other good and valuable oonsideration th~ sufliCiency ofwhich is hereby acknowledged by the Panics, the Parties hereby agree as follows: 1. Representations and ~ Varranties. A. A~gn and Enterp~ · represent and warrant that this Agreement has been executed in compliance with or is o'ilcrwis~ not subject to Article X, § 20, of the Colondo Constitution (commonly known as the Taxpay~'s Bill of Righls or 'TABOR") which requires voter approval at' c~rtnln multi-year governments/financial obligations. B. Upon request, ASpen shall provide an opinion of legal counsel that this Agreement has been duly authorize t, executed and delivered by AsI~en or the Enterrise and that all financial obligationsun tenakcn or assumed by the Enterprise in connection herewith are valid and enforceable against the Enlerprise in accordance with their terms. 2. Oblli{ations of the Par.'ies. A. MY_e~ shall purchase and deliver to Aspen the "Proportional Net Output", as those terms are defaned in Exhibit A, pursuant w ~'s agreement with PRPA. A copy of MEAN' s agree, neat wii h PRPA is attachexl hereto as Exhibit A. B. MEAN shall use its ~vallablc resources and its bes~ efforts to prevent any schcdulint~=, balancing, or distri. bulio a penalties or surchmrges from being incurred in the delivery of thewind-generated elec ~cal energy to Aspera C, Aspen -~hall receive .rod pay all cos~ associated with the wind-generated elec=ical capacity and energy from the Proportional Na Outtrot deliv~r~cl by MEAN to Aspen for the term of this Agreere:at. 3, Charles. A. Aspen agrees to be solely respons~le and to hold iViF_Ju'4 ~,~-cially harmless i~r any and all costs associated with the acquisition and delivery of the wind-generated electrical capacity and energy der red from the Proportional Ncl Output to Aspen, includin~ any and all energy- related charges, wheeling charges or otl~r costs associated with the 03/04/99 TIIU 13:25 F:~X 402 474 0473 N'~PP ENERGY ~004 DRAFT ~ransmission of said ele;tdc~ energy from the Point of Delivery in Exhibit A. and any surcharges or penalties :ncurred as a result of transmiuing such electrical energy to Aspen. A derailed cxpl marion of rinse charges and potential penalties is set forth in Exhibit A. B. The billing period slmll consist of one cal~dar month. C. MEAN will issue a :nonthly invoic~ to Aspen reflecting the cost of acquiring and delivering the wind-generated electrical energy, including a dispatch and scheduling of 4.5%. during He pre~:edlng month within fifteen (15) days ~ftCr the end of the billing period. D. if ME~ is unable ':o issue -~ timely monthly bill, it may elect to render an estimated bill tbr that month to be followed by a final bill. Such estimated bill shall be subjec~ to the same provisions as ~L final bill. E. Payments are due from Aspen to MEAN before the close of business on the t'wcnlicth (20th) calendar day foll,}wing the dat~ of the issuance ofem:h bill. Bills are consid.cred paid when payment is rl,ceived by MEAN. F. Should Aspen disp~ e any part of a final bill rendered by MEAN. Aspen shall timely pay the undisputed pon:.ori of the bill. When the Pm~des have resolved the disputed potdon of the bill, Aspen shall promptly pay the agreed upon remaining portion of the b'il.1. 4. Liability. Asp~'n slmll :;ave, defend, and hold 'harmless MEAN~ its officers, employees, and agents from any and all clams relating to MEAN's acquisition and delivery of elecI~'ical capacity and energy pursuant to the MEAN/PRPA agreement, which is attached as Exhibit A, or in th~ f ~cherance of ~ Agreement. 5. Term of Agreement 'I~his Agreemen~ shall be effective as of the "Commercial Date." defined in Exhibit A, a~d ~ remain in effect for the twenty (20) year Term identified in Exl~bit A. This Agr~mcnl shall automatically tin'minute unless either Part~ gives notice to the other Par~ of its election to extend the Agreement 'for mother term. 'Notice ofa Party's intention to extend the Agreement shall be given to the other Party in wring at least sixty (60) days prior to the nineteenth (1 9th) anniversary of the "Commercial Date," as 'that te. nn is defined in Exhibit A. 6. Severability. If any pr~ ,vision of this Agreement is ~termined by any court or rcgulatory body having jurisdictio~l over this Agreement to be inv:did or unenforccable, Lhen it is the intention of the Parties ~bat in lieu of each such invalid or unenforccablc provision, them be added as par~ of ais ~.~o-feeznent a provision as similar in terms as possible to such invalid or unenforceabl. provision. The remaining portions of the Agreement shall not be aft~cted thereby and sl~ll remain in full force and effect. 03/04/99 THU 13:26 FAX 402 474 0473 DRAFT 7. InteEration Clause. 'E xis A.~reement and the auached Exhibit(s) constitute the complete a~eement of th~ Partie:. relating to the matter specified in ilf5 A~reement and supersede all prior rcprcscnu~tions or a~reemcnL~, whether oral or written, with rcspcC; ~o such ma~ters. No modifcaxit,n of the A~rcement shall be binding upon either Party unless agreed to in wrifin3 and signcd by both Par~ies. 8. Waiver. Any walver al any time by elther Paf~y lo the Agr~nent of its rights with r~'p~ct to a default or m~y other matler m'ising under or ~n connection with the Agr:~rncnt shall not be deemed a ~aiver with respc: to any subsequent default or ma:er azising under or in connection ~itl~ the Agreement. 9. Governing Law. This ~,greemcnt shall be governed by and' interpreted in accordance with the subslantive an~ proccdural laws of the S~am of Nebraska~ excluding any conflicl- of-law rules and princip [es of tha~ jurisdlc~ion which would resul~ in reference to the laws or law rules of ~nothcr j ntisdiction. I 0. Itegula~opy Approvals This Agreeme~t may be subje~ to the regular;cry powers of any state or federal agency }.aving jurisdict'ion. Each Party shall use its best efforts and shall coopera~e with the othcx Party to obtain from all such smlc and federal au~ho~ties as may have jurisdiction, all authorizations, approvals, and orders to ~te extent required by law in order ~o enable them to ~slidly enter into tMs Agreement and m perform all their obliga~ons h~reunder. 11. Force Majeure. No Pa .'ty shall b~ liable for any fnilure to perform its obligations connection with this Ag teemend, wh~re such Pallure results from any ac~ of God or other causes beyond such Par .y's reasonable contTol (including, without limitation, ex~eme weather condi~ons, s1~ikes, fires, embargos, actions of civil or mililary enforcement authorities~l and which, by the exercise of due diligence. such Par~y is unable to prevent or overcome; Any Par~ that becomes unable to perform its Obligations under ~ds Agreemen~ b~cause of any such event sh~il ;m rn~di~ely give nor. ice to the other Party of ~he occurfcnc~ of suc~x an even;. and shall promptly notify the other Party of the anticipa~d dum~on of such an evcn~. 12. Changes in Regulsfions. Should ch~ges in legislation or r~gulation. either sta~e or feden].. make perform-, ~ce by either Patty under the Agreement commercially impracticable or impossible, the Parties agree that they will renegotia~e ~he terms of the Agreement as they have been a~ecled by such change in regulation or legislation. l 3. Notices. All notices re~ ulred or pern~ed ~o be given with respect to ~h~ Agreement shall be given by (1) m~ iling ~e same postage prepaid, (2) given by facsimile or by courier, or (3) by other ~nethods specified in the Exb. ibil(s) to the addressee Party at such Po.-ry's -~ddress asset fo~x below. Either P~rry may ch~mge its address for the purpose of 03/04/99 ~ 13:26 FAX 402 474 0473 IN'~P ENERGY ~006 DRAFT 3-4-99 notice hereunder by giving the other Party no less than five (5) days prior written notice of such new address ha accordance with the pr, ecedin8 provisions. , To IvIEAN: Municig al Energy Agen~ of Nebraska ATYN: t~ecutive Director P.O. Bo>. 95124 Lincoln, Nebraska 68509 (402) 47.~-4759 voice (402) 474-0473 fax To Aspen: The City of Aspen ATTN: Ci~ Manager i30 South Galena Aspen, [ olt~rado 81611 (970) 921 )-5000 voice (970) 921 )-5117 fax 14. Assignment. Neither t~ ~s .~grcernent nor the rights or obligation~ of tb, cPartics under this Agreement may be ~ssigned or transferred by either Party without the prior Written approval of the other Party, which approval sha]/not be unreasonably withheld; .nrcw~ded~ aay assignmen~ or =ans:Fer, whether by merger or othem4se, to a Pany's affiliate or successor Lu intcres~ shall be permitred without prior consent if such Party a.~surnes this !5. Arbitration. Ifadisptre between the Parties should arise under this Agreement, either Party may call for submission of the clisput~ to arbitr~on, wMch call shall be bincting upon the other Party.. T~e arbitration shall be governeel by the tales and, practice o~the American Arbitra~on Associarion (or the rules and practice of a sim/lar organization if the American A.rbitratio a Associati0n should not then exist), with the proviso tha~ the arbitration panel ~hsll, h all events, consist of(3) arbitrators, one. chosen by each of the Parties and the third chc sen by those two arbitrators. IN WITNESS WHEREOF, the Paxties hereto have caused tl-As Agreement to be executed in their 03/04/99 TRU 13:27 F.a,X 402 474 0473 DRAFT 3-4-99 respect, re n~rn~s as of the dat~ and year rust above wH, r~cn. MUNICIPAL ENERGY AGENCY OF NEBRASKA By: Execuzivc Dizector A~t~: CITY OF ASPEN By: City Manager Attest: 03/04/99 THU 13:27 FAX 402 474 047a NIIPP F2~RGY ~008 DRAFT 3..4-99 LIST OF EXHIBITS Exhibit A Wind Energy l~xchase Agreement among Municipal Energy Agcncy of Nebraska and Platte River Po~-r Authority. Mlr-~3-g~ !Z:44pm From-PLATTE RIVER POW~ AUll~fj~i[Y ~r~4~t~Z44 S-1~= ~.~/1~ P-ZZ~ EXECUTION DKAFF - 03/03/99 WIND ENERGY PURCHASE AGREEMENT BETWEEN THE MUNICIPA~ F_NERGY AGENCY OF NEBKASKA AND PLATtE RIVER PO~'ER AUTHORITY Th/s Wind Energy, Pv, rchase Agreement (AgreementI m mede and ev.~ered into this day of .1999. by and between xhe Mmucipal Energy Agency of Nebraska, an agency and political subdivisum of the State of Nebraska, hereinafcer referred to as "~AN," its successors and ~_ssigns, and Plane River Power Authorky, a political subdivision and public Corporation of ~te State of Colorado, hereh~zdwr referred to as "Phtte River,* its successors av.d · assigns. MEAN and Phtte River are hareinafter known coYdechvely as the Paxt~es and ' individually a~ a P~rty: 1. 1.I MEAN provides electncaI energy :eqW, rements to i~s members on an "aI1 requirements" ~asis, ar, d one such member, the Ci~ o[ Asper~ ~ developed a renewable resc,~zce program d, esig~ecI to promote the developer of wind- powered elect-:ical energy resources. 1.2 ~latte River owns and operates ~?~t-generatian u,nits and holds wind- generation development rights and reiated assets at the Me&ane Bow Wind .~oject (MBW?) site. near the town of Medic~e Bow, Wyoming. 1,3 Platte River rotends to enter into a. contract with Vestas American Wind Technology, Inc. ("Vestas") fox the purchase, consu'ac~m and instalhcion of new wind-powered electnaty generaing tu=bi..~es at the MBWP s~te. A description the wind turbine Unit associated wtth ~ Agreement is,provided m'Ext~bit attacheel hereto, and made a pa~ hereof, The prospective Ic~ation of the UzUt is shown in Exhibit 2, attached her~t~, arid made apart hereof: 1.4 Platte River desires to sell, and MEAN d, es;rea ~ Furchase, the Ner Ourput the Unit su~ect to the tends and conditions set forth in this Agreement and at utte prices set torth in this AFeement. EXECUTION DRAFT - 03/03/99 2. DEFINITIONS: For purposes of th~s Agreement, alZ 'cern'~ used herein wi~h iz,jdal ca~iud ]e~ers, and nor cr_herwise texmaZly dd~ne~l, sha31 h~ve r. he dd'w~ons ascribed co them m ~ ~ec~ 2: 2.1 'Billing PeriodS' :s a perio~l of time, nozmally coinciding with a calendar m~th, during which energy generation is aggregalect for the purpose of sale by Plaice River and purchase by MEAN. 2.2 'Commercial Operation" is that point in lime when Vestas succ~ssh211y demonstrates and Platte River ccncuzs in writing that (1) construction and ms_~!!_~ic~ of r_~ Unit ~ complete. (2) instaEalion of Inierconnecticn Facililies is complete, (3) the Unit meets camadss~oning cerrificalian n~luazermm~s agreed ulxm by Platte River ancl Vestas. and (4) the Unit provides energy ro the Point of Deliver},: 2.3 'Commercial Date" is the t~rst ~ day Eollow~ng Commercial Operalion of Lhe Unit, which s~.all be on or before October 3t, 1999. 2-4'Effective Date" Ls the ate statad on page one ot this Agreement. 2,5 "Energy Rate" is as shown in Exhibit 3. attacheel hereto, and made a part cf tins agreement,, 2.6 "Interconnection Facilities" means all of rh~ ne~essav/electrical ccanection [acilities wb. ich have been or must be msuffied or modified for the purlloose of i~lercormec~..ng the Uni: to Weslem .a. re~ Power Adminis=at~on's (Western's) 34.5 I~V line at the MI~WP size. ln~erccv~ec~on Faaliries include, but are nc~t limited t~, metering equipment, =az~on'~.ers and assoc:atect equipment, distribui~on lines anci ~qn~ipment, commu.rucations and telemetezing equipment, protective devices and safety, eqtupment. 2.7 'Medicine Bow WEnd Proiect (MBWPF means the wmd-enezgy generat/mg facility near the Town of Mediane Bow. Wyoming~ all generation and opezation related asse~s of which are ownec~ by Platte Ri~er. 2.8 'Metered Energy" is the monrhly energy cu~ut from the Unit. measured a: the low voltage outlet of the Unit. 2,9 ~Net Outpuf' means the proporaonal wind-generated elecnical energy. produced by the Unit, deliv~=ed to MEAN, in megawatt-hcu. rs, calcu!ated as shown in Exhibit 4. arached hereto, and made a part of ;his Agreement. 2 EXECUTION=DRAFT - 03/03/99 2.10' *Foint of Delivex~y" shall mean the 115 kV side of Western Area Power A,~-,rtinisfralion's ONestem's)~rarts~ormer serving the MBWP, located within Wesz~rn's Ivledic:.ne Bow Substauon, near the Town of Med~:ine Bow, Wyonung. 2.11 'Unit' means cme wind ntrbLne generator, as defi.ne~t ~ Exhibit L attached here~o, a~d ma,de a part of ritis Ab-,reexnent. 3. AGRF_.~MENT: 3.1 Plal~.e River shall, at its sole discretion, decide wher. he~ to purchase and Lnstall the L'nit, on ot befoze lvlarch 3I, :999. If Platte River derides not to purc_~tase and insudl the T~'nit, timis agxeernent shall be null and voicl. Lf l~latte Rive~ decides purchase and restall the L'nir~ all terms mncl conditions of ~kf.s agreement shall be in ~ ~orce oncl 3.2 ME.~q shall purchase and receive ~rom Pla~e Rivez and Platte River shall deliver artd se!l s~lety to MEAN at ~he Point of Delivery the Net Oulput {tom the Unit for the tern~ of Jj,is Agreement 3.3 It shall be MEAN's sole responsibili~ to make all the necessary arrangemanls for the transmission of ener~7. from ~e Poin; o.~ Dehvery~ mdu,ding, schedutin~ accounung, and billing, with the appropriats control area operators transnussion proriders. Any wheelml~ charges or other costs associated wi,.h transmission beyonc~ tke Pom~ of DeLivery shall be the sole responsibility of MEAN. This uncludes any costs associated with Innsmission system curtailments rand costs for add~nonal points of delivery recluirecl by MEAN' beyond the Point of Delivery. 3,4 MEAN shall have the xi~ht co a/fix iclentifTing signs ~o the Unit for purposes of idene~'ying that the Ijni~ was built in part ~o serve this Agreement. Deta~s of signage construclion and location will be deterzninec~ by mutual agreemen: ~ Parties. 4. TI~ILM AND T~IL'vIINATION: This Agreemenx shah be in io~ce and effect for twenty ~20) years a~ter the Commercial DaN. Thetea/teL so long, as Platte River chooses, at its sole cliscreti~n, to continue o.vetatin~ the Unit. ~e Agreement shall be deemed to be Mir-g3-1~ IZ:4~pm Fr~rrr~LATTE R:~E~ P~ AUTHORIT' 9TQZZH;44 T-165 PC5/1~ F-ZH EXECLJTION DRAFT - 03/03/99 ex~encled by the Parties hereto in the absence oi MEAN giving written notice to PIerce River of ~ts eiect~on not to extend. Said notice shall be g~ven on the nme~enth amuversary cf the Corninertial E41te or one year prior to the intended termination dare tl'.ereafter. 4-2 I/, for a reason other than Force Ma]eure, the Unic does not "commence Commercial Operation on or before October 31, 1999, dxe Parties shaIl meec and negotiate in good faith an aFpwpnate amendment to this Agreement. 4,3 Platte River shall u,~!-e its reasonable best efforts to atn~j.n a minimum level of peffon~.~nce d the Uni: ~ that the wind energy dehvezed to the Po~t of Delivery, comm~rk~g on the ~z~t ~ day following Commerc~I Shail exc. e~d B0% o~ the rated ev~rgy output at the actual wL~ speed during year of operation. Ra:ed energy ou:pu: shall be deterd. ned ffc~x the wind- generation pov,-e~ curve provided by Vestas for the Unit ~bou/d the Uz~ fail to ad'ueve ~ n-d. rt~num &evel of l~erforma~ce for any rwe&ve consecutive months during the term of thi~ A6~eement fo~ any reason other h'~zt Force Majeuze. P6~t~e River ~ba/I have the right to provide en equ~va/enr amotmt o~ wind energy to MEAN' from other ~ource~ at t~e Energy Rate. Lf Platte ~ver ~ unable to pr0~de wind-g~nerated energy from ahernadVe ~ou~e~ wid~ 120 days a~er the U,'~ ~ai~ to m~et dee n~um level of performance for any ~ve~ve consec-a~ve zr, onths, MEAN ~/'save the right to tem~.qara this A~reezrant The pencd ~o~ s~a~s~ruUon of wgr~i-generated energy ~zom alternative sources outside oE the MBWP sha~l be lizmted to 1B0 days, unless ..'vLEA.N notifies Platte River in wdnng 0f it~ ~ten~ to contmue to purchase such wind-generated energy. She period .~or suk~dra:ion o~ wind~generated energy ~om ahen~a~ve sources within the MBV?2 ~ be/inbred to two yea~s,-a~ess MEAN PLart~ ~ver ~n s~tirmg of its intent to continue to l~ttrchase such wind-generated energy,. Bzeacl~ ~ an~ representation, warranty or ob1~gat~on mcIuded in tl~ Agreezr~nt, sl,.aL/be deen'~/a ~r~stedal default under th~ Agreen~. U~on ~uch dehuh. the non-defaulting party shall have the ngh~ :o terminate this AgTeement sixty (60~ days after written notice of default pursxIa~ to Sealion oo of ~2~is Agreement, ~ roach defaul! has not been cured. Such written notice sha]l set forth, in From-PLATTE RIVER ?OWER AUTHORITY g~GZZg,~Z44 T-165 R.~i/19 P-ZZl ~XECLITION DRAFT - 03/0t/99 teasorphic deta2~, the nat~e of L1~e default The defau~t~mg panT shall have six,y, (60) ~tays to cure the default. Nothing herein shall be constraecl to linut or ~estri~ either Parcy'~ mgh: to cozn?el spec~ performance, or da_mages, ~f appropriate. DETERMINATION OF ~N~RGy DELIVSRI~D:. Ufit, as c~Ted ~g ~e fo=m~ m ~bit 4. Net ~,~t hte, co~g ~ted ~t of ~er~ ~at ~ be Fodued d~g ~e briei ~d ~een ~, ~t-~ opera~on ~ ~at ~avorable wea~ or Fo~ ~e~e ~y ~te~ ~ ~e~od. S.3 ~e to pr~ely pre~ed on ~ ~y, d~y, ~n~y, or ~ ~is; ~erefc~, P~ R~ver will o~y ~ ~ d~a~t ~ P~ ~vet ~ ~ meet i~ de~very S.4 For cap~ acc~i~don p~o~, Net ~nt ~om ~e U~t ~ co~ed non- i~ Apemen~ BII I. ING AND PAYMENT: 6.1 The energy billing cb. arge for a~y Bffiing Period shall be the product oi the Net Outlnt (in megawatt-hours) del~verecl :o MEAN, pursuant to ~ect~on 5, clu~ing such Billing Penoa. times the F. nezgy Rate as defined in the attached Exhibit 3. 6.2 Beginning with ~e calendar month following ~ mcxnth in which Comn-.e~cial Opezation occurs, Plane River ~alI submit to MEAN by t~ 10~ day of the month an ~voice, ior the preceding BiLhng Period, for Net Output f:om the Umt cleliverect to MEAN at the PoLv. r d Deliver/. Such 'biDs shall include the begbluing and end dates of the ELLling Perkx$, the amount of wind energy aeIiverect to lv~SAN as clete~rnmeci ~rom the metcrag equipment describect in 5 iir-Gb9~ IZ:4?pm ' Frorrr-PLATTE RIVER ~0WEP AUT~BITY 9~C2Zg~Z44 T-165 P.GT/lS F-ZZS EXECUTION DRAFT - 03/03/99 Sec~on 7 heze~ v. sitig the caZcuja~on defined m' F.,xhibit 4 attached hereto, and the total amount due to Fla=e River. .M.~AN shall make payment to Platte P,~ver; eir. lvar by chec~ or by elecr~omc r~ander of such payment, an or before t~e 1O· day of the month foL!owmg receipt of the Lnv~ice from Platte River. Payments are deemed paid on the date they a. re posnnarked or ele~zonicaIty ~ransierred. Absent proof of postmark, payments ' shall be daemed paid as of the dare the check is received I~y Phtte River. Payments made a/ter 30 days shall be sul~ect roa pr~2raVed annual interest 'd~axge at the Natwest Ba:dc, or its successor's, prime rate plus two percent applieci to late payments on a daily basLs, on a 365 day year. T.n/ormation necessary lo accoml~lSsh electronjc Ixansfer of payments due shall be prov~.ded m wntmg pursuant to ~ection 22. In the ~vent that any portion of a bi/l LS m dispute, the undisputed amotmt shall be paid. The ParSes shall use their best diortS to amicably and pramptly resolve 'the dLspute. Upon determination of the correct bffimg amount the proper adjustmen; shall be paid or refundeel promptly sul~ect to a prorated armual interest c~harge at the Norwest Bank. or its successor's, of prone rate plus two percent on a da~ly basis (based on a 365 day year). 7. METERING: 7.1 Platte Kiver shall msralI, oh-n, operate ~a maintain, at i~s ow-n expense, all necessary meters, ,qe~icated potendaI av.d curient transiormers, and associated eq~pment to be uu.Liz~d for ~he measurement o~ energy for determin~g MEANs payments m Platte Riv-.r pursuant to this Agreement. Meterrag equipment will be installed a~t the iow voltage outlet d the EJn~t and sb~LI be used to measure the Metered t:nergy. The Metered Ener~/shall be ,,.~sed to caIcu~ate Net Outlnut by means of the fonr~ula defin..~l m ~_xhibit 4, a.~ached hereto. 7.2 A one Line drawing depicting the interconnection of the Unit to the Point of Delivery and the placemen~ ot Platte P,~ver's meterrag ir~allation is at.ached herefc, ar.d made a pat hereo/, as Exhibit 5. ~ 7.3 Metering shali be compatible with .M'V-9O meter inte~:ogation software and the Paz~ieS shall have u.v_lin~ted rights to interrogate the bLtLm~ meter. 6 EXECUTION DRAFt Meters may be tested at any reasorabla ume by Platte River upon request with 30 days notice by either Party, at the requesting Party's sole e~pense. ~VfEAN sha~ be a//owed to have a representative present to wimess such tests. Meterrag equipment found to be inaccurate by mote L~an 2% shall be repaired, aa]ustecL or r~placed by Platte Rivex, at Platte River's expense. Any correction in the billing resulting from such repays, ac~v~tments or replacements shall be made m the accounting rot. tiered/or the nex: Billing Period pursuant to Section S herein: and suc.~ c0rxection. when made. ~ constitute full resolution of any claim be;ween the ParSes arising out d such inaccuracy of metering equipment. The perioct for wl~..h any such cortecti:n will be applied shaft be Bmited m 60 days. The Pa.Tties shaR coopexate in p; oviding snc. h h~otmat~n ar~ reports rela~g to this A~eement, the Unit, and the Point of Delivery, as may be reasonab[y requi~ed ~om time to time. 8. OPERATION AND MAINTENANCE: 8,1 Phtte River will be responsible for operation and maintenance of the Unit at sole expe_,,tse. 8.2 To aid MEAN in anlyzh-.g. forecastW. g and scheduling wind-ganerateci ene:gy productS. cm a mon:hly and Seasonal basis. Platte River ~ pro,Ado .hot~ly historic_! data ~rom the MBWP as may be ~es~tly available to Platta River. Hourly clam collec~ed Erozn the billing mete~ by Platte River will also be avaihble to assis~ MEAN in sched~linS wi.nd-genetated energy. If more detailed data from the site is xequired by MEAN, Platte River may provide such data, provided L~at MEAN compensates Platte l~ver for actual, direct, or out of costs as_ _~yiated wili~ gathering such date~ 8.3 Employees of MEAN will have the right to visit the MBWP site and inspect the Unit with reasonable notice ~iven to PIa~e River. 9. INTERCONNECTION: 9.1 Rxcep: as othenwse sFeci~cally provided for h~em, Ph.e River ~aH desx~ operas, ~d ~mmm, at i~ own exp~. aE ht~o~e~on Facades ass~ate~ wt~ ~e Mar-C3-9~ [2:49pm F'Qm-;LATT~ RIVE.~ I;Cl~ AUT~RITY 97~Z29c, Z44 T-~65 P.C;/I~ EXECUTION DRA.FT - 03/03/99 9.2 Platte R~ver shall provide i~,~EAN w~th electrical plans and speclf'ications for interconnectic~ Facilities upon request. 10. EXHIBITS MADE PART OF THIS AGREEMENT: Ex.'.~bn's 1 (Unit description), txhibit I (Unat Xocar~on), Exhibit 3 (Energy. :2ate definil~on), Exl,aht 4 (Nor Out'put de/in/don) and Exhibit 5 (lnterconnec~on and Metering description) are ar~ched hereto, and n'~de a parr hereot. Inasmuch as '.he ec~uipment and ix~onnaticn depicted in F.x~birs 1, 2 and 4 nuy changu d~e to PLatte River's election of the Unit to be installed to serve this Agreemerit, the Part~es shall prepare and execute revised exhibits when such changes are made. Inasmuch as the equ/pment depicted in Exhibit 5 may change from time to time, the ParTies shall prepare and execute a revised exhibit when such c}tanges $~e made. 11. LIABILITY: Platte River shad save, defend, and hold harm/ess MEAN, its oi~cers, employees, and ag~.nts from any and all c/aims lot ir~u~y to person or persons or damage to propert'/occu. ning at './le site of the Unit; provided, 'however, that nor/ling hereh~ contained sha]/be construed as relieving cr releasing any Part}, [~om habi3ty for L,~u.~' or damage, wherever occurring, r~SUltmg from its own negligence or the negligence of any of its o/~cers, servants, employees, or aaents; and m the event co~'uzren~ negligence ~y the ParSes, there shall be contribuUon; and provided that ear:h of the Parties hereto sI~all be ~ole!y responsible for in]~D' Or damage, wherever occurring, due solely to an}, de/ec: in equipment itstailed, fundshed, or main~ahled by such Paxty. Each Party is sole]]/responsible for the nlsl~ of Aoss, or damage to. ~ts eclu/pment, '~u'/ess the loss or chin'rage results frcm~ the n~[ence Or fault of the od~e: Pany. LIMITATION OF WARRANTIF.5: NO/~,rlTHSTANDING ANY OTI-IER. PROVISION Ol~ THIS AGRESI~{EN% N~THER. P.~aP/SHALL BE RI~_SPO.NSiBLE [OR PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DA/vIAGES INCLUDING, BUT NOT LIX~IT5D 1'O, LO~T PROFITS 12. INSURANCE: Plar~ River will obtain co=pieens~ve bodily ~'~ury and proper:~/ damage li~l-~l~y insurance fQr the ~,IBw P. Said hlsurance will be in the amount o/at 8 Mir*C3-g~ iZ:49pm From-PLATTE RI",'ER PC~ A'$H0,~!~ 9'CZZSSZ44 T-i55 P. ~/!~ r-~P. EXI~CUTION DRAFt ~ 03/03/99 least [l,000,O00 ~.nd will remain in force as lon~ as ffi/s Agreement is m df~ct, Upon req.~est from MEAN. Platte River wi~. provide a certi~ca~ of insuratnce w MEAN. 13. TITLE: Dehvery of energy from Platte i~dver to MI~AN shall be deezr~d completed at ~ PoL'tt of Deliver)', and tlt~e to surh energy shall pass to .VIEAN upon dehve:y. 14.. WAIVEI~ Failure to enforce ox utsi~t u[3on compliance w~.th a~y of ~e ~erma or cond/tions of this A~eement shah x~o: consOrate a waiver or relh-t~luishmen[ of any such terms or condiUons, bu~ the terms or cond/nons of this A~eement shelf be and remain at all times in ~ force and effect 15. CPIOIQE OF LAW: Th/s A~-reernent shall be cons~z-ued and interpreted in accordsrice wixh the laws of ',he 9ate of Colorado. I:ORCE MA[EURE: 16.1 No Part7 shaI1 be consktered to be m default c~ any .~f 'its obligaciDns .under Agreement, except to make payments as specified heroin, wheT. a fa~lure of ?er.%xrna~e shal! be due to Force Majeure, Force Majeure iru:ludes.. but is nat restricted to: Paure of or threat ol [aiIure of facUj~es due to latent defec:, eanhqua~ke, storm (inc!udmg w~nd storm),/ire, lightning, epidemic, war, nor, av~l disn~rb~nce or disobedience, labor dispute, labor or mate.'~at s~ortage, sabotage, res;ramt by court order or l;ublic a~athonty, anti action or non-ac;ion by or failure to obtain the necessary au~orizatians or approvals ~rem governmental agenc~ or authcrrivy, which roy er, ercise of due ch!igenc.~ such Party couid not reasonably have been expected to avoid and whic. h by exercise of due diligence it shall be unable to o'~'ercome. 1L2 Notl'atg corttemed heroin .e. all be conSTed to require a Part7 to sere any strike or labor dispute in wh~cl~i~ is involvecL 16.3 A Parr}, rendered unab]e to fillfill any obliSation under this 'Agreement by reason of Force Ma~eure shall give Fompt w=itte~ nonce of such tact to the other Party and shall exe=c/se due ch/igence tu remove such inmbility wiT. h all reasonabla dispatch. Mir-~3-~l,~ I~:,~gpm F'3,m-'fLATFF RIVER P(~WE.~ A~T~(IIY gTCZZg,"Z44 T-165 P. I1/1~ F-ZZ5 EXECL'TIO N DM - 03/03/99 16.4 The dine for performance of any obli~a~rion requ~ed by :his Agreement which has been d~!ayed by an event of $orce Majeure sba]/be e~tenc]ed by :he period of Force Majeure; provided, however~ nke pare., experiencing :he delay shall nosy :he other parc.,r of :he cause of :he delay and :he antic~'pated period of :he delay as soon as reasonably pcsszbie, but within ten (1~) days af:er the conunencement of ~he event of Force Majeure. 17. ENVlRONMBNTAL BENEFITS= Any environmental benefits such as; but not lknirad to, a/dr q~y emission zeducxion Credits which~may now or in :he future become available or :hat may become associated ~v-ith the Unit as a result of local, state or federal. laws or regula:ions shall accrue solely to Platte Rive;, One such potential benefit wou'-d be ?aymen~s from the federal go,;ernment foz "Renewable ~nerg'y Production Incentive" (P-~PI) credits. Other Fctennal benefits nught include "carbon credits" or o:her subsidies for production from renewable resources. Such benefits may also/nclude credits or minimum ene:~ gene:adon requLremen~s assodated wi:h a renewables portfolio sta~cL If Plat~e F~tver shall ever offer for sale, lease, or transfer any of such environmental benefits to an), other person or en~ity, Platte River shall first make such offer· to ,MEAN on subsr~n,tially smular :erms and ccnd./tiom as those offered to such · other person or entity, but at a pnce discount of 18. SUCCESSORS AND ASSIGNS: 18.1 This A~reernent shall be binding upon and inure to t. he benefit of the successors and assigns of 18.2 Each Party shall have :he fight to assign a~ or part of its nght. s and interests hezein, vA~-u3ut prior consent of ~e oli~er Party, to any entity at [east a majorit), of wbach is owned by such Par~. 18.3 Except as provided in the Agreem~'~ in whole or in part wi:hout r/no prior wrY=on consent of :he o:he: Pa.-ry. Such consen~ shall not be unreasonably wifltheld, 18.4 An}' transacnons allowed under this Section sha/I not violate the terms of any license or permiz required for perfornumce under this Agreement. 10 Mar-E3-~l $2:51pm P,om-PLAH~. RIVER ?9W!l~ AUiH~(I IY sr~i:~i=~44 [-l~= ~, ~/1~ r-~ EXECUTION DRAFT, 03/03199 APPI~,OVAL$: This Agreexnent may be subiect to he reB-a|atory powers of a state or / federal agency having jurisdiction. Each Party hereto shall. use its best efforts and shall cooperate with the other Parry to obtain from all such sta~e and federal aur. horities as may have jurisdiction, all authorizanons, approvals, and orders to the extent required by law in orator to enable it to validly enter into rbas Agreewent and to perform alI its obliga~ons heroin. 20. SIeVElIABILITY: In the event that any of the terms, covenants or concthions of thxs Agreemet, t, its F.~h~bits, or the applu:ation of any suc.~t term, covenant, or cor~clztion shall be held irtval~d by any cour~ or administrative bcd), having jurisdicnon, n is the intention of the Parties that Ln lieu o~ each such term. co%'enant or condition that is · invalid, there be added as part of this Agreement, a term, covenant, or condition as similar in terms as possible to such Lnvaiici term, covenant or condition. The Agreement shall not be affected thereby and shall remain m full force and effect, 21. INTEGRATION: The terms and l~covisic~ts contained i~. this AgreerAent between ~ ~d Pla~ ~ver ~tute ~ ~e a~eem~t be~'e~. ~N and P!a~e ~ver. and superie ~1 previous co~ica~ons ~d repre~nta~om, e~r oral or ~en, ~'~ ~N ~d Pla.e ~ver wi~ resp~t to ~he subj~1 ~ter .of r~ Agr~nt. NO~S: U~ess prov~d~ otherwise by ~s AFtmerit, any notice, requ~t, d~and, state~nt, paint or routine ~mu~cation a~ewed or ~ed by t~ Agr~men~, or ~y nonce or com~ica~on which esther Pa~' may desire to give ~ ~e offier, shall be 'in ~v~g ~ s~l be considered as del~emd wh~ deposited in ~e U~ted States ~il ad~es~d to ~ ~her P~ at i~ address ~ndma:ed ~ld~ Or at inch other address ~ e~t~ Pa~ ay &sxb~a~ for x~elf m a notice ~o ~ o~ P~. To M~: ~acip~ ~ergy Agency of Nobrash A~n~on: [xecu~ge Diretot P.O. Box 95124 ~coln, NE ~5~ Mir-g3-gg 12:51pm F'=rPLATTE RI~ER P0W~ AUTHORITY gT~ZHSZ44 T-165 P.13/I~ F-2ZS EXI~CUTION DRA.FI' - To Platte Riven Plan'~ River Power Au~on~ Attent~: ~al Manger ~ ~ E. Horset~ Fen 'Co~s, Colorado 805~-5721 ~e ~si~flon of ~e per~ ~o be .~ed or the addzess of said person ~y be .~ng~ ~t any ~ by sl~ nonce. ARBI~TION: If a ~ispute ~e~ ~ Par~es ~o~d a under ~s Agr~ment, eider Par~ ~y c~l for sub~si~ of ~e ~spute to non-b~&g ~'bi~afion. The ~i~n~ sb~H be gove~ by ~ ~ ad prance ~ the AmPcan .~i~a~on Asianon (or ~ Mes and p~e ~ a s~wAlar org~za~an ~ the A~ric~n Arbi:a~on As~fia s~d no~ ~ ex~t), wi~ ~e proviso ~t ~e ~i~afion ' pand ~. ~ ~1 ev~ts, co~ of ~'(3} arbi~ators, ~e chos~ by ea~ of ~e ParSes ~ ~ ~rd ~o~n by those ~o ~bi~a:~s. If su& ~es and prac~ co~ict ~ ~ ~en e~s~g pro~isiom of Colefade ~app~cable zo ~bi~aU~ prongs, such la~ sh~ govern. 24. AMENDMENT: ~ Agreement may be amended, change& modxfied or altered, provided that such amendmenL change. modification or alterationshall be in writing and signed by both Parties hereto, LN !,XrtT/~$S WHEREOF, :he Partis hexeto have caused this Agreement to be executed in their respective natfins as of ,.he sate and yeaz ftmt above written.. PLA'I'It~ RIVER POWER AUTHORITY By: Lloyd Greener, Interim General ;Manager Attest: MUNICPAL ENERGY AGENCY OF NEBRAgKA By: Executive Director Attest: 12 Mar-G3-gS 12:SZpm Fr~rrr-~'LATTE RIVER POWEP ALITH~I~tTY EXECT~'TION DRAFT -03/03/99 LIST O1: EXH[BITS I=xhib~t I Desc~pt~on of the Uz~t a~sociated w~th th~s ASTeement Exhibi~ 2 Vxc=ury map showing ~ Medicne Bow Wind Prolec~, s~t~ and ere genezal !ocanon of ~e Umt. ~t 3 ~ ~=e fo~ ~e 2~year te~ d ~e Contact. l~xlUbi~ 4 Defini~/on of Ne~ Output. Ex~bit 5 !nter:o.nnecUon and Meter=',g scherr~nc chagram. EXI:CtJTI. ON DRAFT - 03./03/99 EXHIBIT 1 Description of the The Ur~t assoc~,~ed w~.~ ~ A~reement shall ~ one V~ ~d ~ ge~tator, wi~ ~ ~t ra~ ou~ut d 1,65~ ~W, and ~ Xeh~ equ~nt, w be ~ufa~e~, ~ed ~ w~r~d ~ Ves~ A~ W~d T~Io~, ~- ~es~), along wit ~soc~ted ~o~on F~, ~ at Ph~e ~ver'S ~ ~te. Mar-C3-t~; IZ:S3pm From'PLATTE Mar-63-9S 12:54M From-PLATTE RIVER POWEI~ AUTN01ttTY $?EZZH24~ T-]$5 P.1T/IS F-ZZ5 F. XECUTION DRAFT - 03/03/99 EXHB1T Enexgy Pate The Lni~i~/~;ate is D~&/IV~VV'h. The esca-ia~en rat~ is for five years, begUl~3nsar the start of the secoz~d year af:er ~e Cornrnercia~ Data and ending at ~e end of the sixth year a~ter the Commercial Date. Specific rates for the terzn of this Agreement de proviCled m the iollowing rabls, The iraUa] monthly period begins with the Commercial Date, Table of Energy Rates J Period Rate (_Months} !-12 44.0 13-24 25.48 66.7 49-60 61 '~ 69.5 73-84 51 85-96 51 97-108 51.0 109-120 51.0 } 145-156 51.0 157-168 51 169-~B0 181a92 193~204 51.0 205-216 217-~8 51,a 229-240 51.a the umt is still opera[ins a/rer nhe 240~ month since Commercxa/Operation the Energy. Rare shaX] remain fifty-one do]/ars per megaway-hour 16 F, XECUTION Dms. Fr - 03/o3/99 [XHIBIT ~ Cal~lation of Net Output For l~s AFeeme~t, Net Output ~ ~ ~ot~ pe=ce~t [40%) o~ ~e ~-Se~ate~ e~K~ ~ pr~ ~ ~e Umt, de~ve~ed ~ ~N, ~ ~gawa~-ho~, ~ c~ted ~ a money ~ us~g ~e fo~ow~g ~o~a: Net Ought = (0.~) x (Metered Enet~) x (~- Loss ~,~60 Volt ~t d ~e L'mt. ~d "Loss Factor' ~ 0.03 O%b to accost fo= ~s Ntwe~ ~e ou~et of ~e U~t ~d ~e Po~t of Delve. ~e averaSe F~ of Net ~u: ~ ~ ~ ~t exceea ~o ~o~. (2~) ~gawa~-ho=s pet ye~, c~t~ on a t~ (10) ye~ ~ aveage. 17 klar-g3-.~c IZ:55pm From-PLATTE RIVER POWER AUTHORITY ST~ZZJSZ44 T-lS5 P.1G/I~ F-Z2~ MEMORANDUM TO: MAYOR AND COUNCIL THROUGH: AM7 MARGERUM, CITY MANAGE~/'~ THROUGH: I OHN WORCESTER, CITY ATTORNEY ~ FROM: PHIL OVEREYNDER, WATER DIRECTORc~ DATE: MARCH 3, 1999 SUBJECT: NORTH FORTY WATER SERVICE AGREEMENT ORDINANCE NO. 1ST READING SUMMARY: The proposed Water Service Agreement for the North Forty development Will implement the terms and conditions of a prior City Council resolution which established the City 's ability to provide water Service. Compliance with the prior conditions established in this ~ are detailed in this memO. ~ ~'~ PREVIOUS COUNCIL ACTION: In November, 1969, Council entered into an agreement With John McBride for the Aspen Airport Business Center (AABC) as part of a contract towards contribution 0fthe costs of extending a water main along Highway 82 to the airport area. While the parties to this contract agree that it requires service to the AABC, it is not clear whether the 1969 agreement also requires the City to serve the North Forty Project immediately adjacent to the AABC. To avoid this issue, the parties agreed that City Council would review the North Forty Project for conformanCe with current policies for extension of water service outside the City as such policies are set forth in ResOlution No. 5, Series of 1993. This review took place in March, 1998, and resulted in City Council's adoption of Resoluti0n No. 19, Series of 1998. This resolution Sets forth the terms and conditions that water service would be provided to the North Forty Project, pursuant to Council's finding that there is sufficient capacity to serve the residential and educational components of the project as proposed. CURRENT STATUS OF RESOLUTION NO. 19 CONDITIONS: Condition #1. This condition required an amended application for water service to be submitted Within two years. This condition was satisfied by submission of a new application which included revised engineering drawings, a proposal for financial se6urity, estimated costs to complete the project, and was accompanied by a processing fee and deposit for engineering services. Staff finds that Condition #1 has been satisfied with submission of the above materials. Condition #2. This condition relates to any plan revisions made to the North Forty Project and requires subsequent City review of any such substantial modification to the development proposal 3. reviewed by Council in March, 1998. No revisions to the plan have been made since that date which would req~re a remand to Pitldn County as a new general submission review. Staff therefore finds that this condition has been satisfied. Condition #3. This condition requires execution of a written Water Service Agreement for the North Forty Project to include provision for the use of raw water for irrigation of common areas if and when it is available; an agreement to armexation of property served if and when the project becomes contiguous to the City; and an agreement to pay all utility charges, tap fees, utility connection charges, and other water utility fees set forth in the Municipal Code, and a pro rata charge to offset the cost of well field development. With the exception ofwell deVelopment charges and utility connectioncharges, the proposed Water ServiCe Agreement implements each of the above requirements. As explained in the attached December 17, 1998, letter fi'om the City's special water counsel, Cindy Covell, requiring payment for wellfield development and utility connection charges was added as condition in error and is not consistent with the 1969 agreement which required only payment of tap fees. Staff therefore recommends that Council find that this condition of Resolution No. 19 has been satisfied. CURRENTISSUES: In adopting Resolution No. 19, Council limited their offer to provide water service and any findings of consistency with the Aspen Area Community Plan to the residential and educational components of the project which were reviewed at that time. AlthoUgh provision has been made for a future commercial component Of the North Forth Proj eSt, a separate water service agreement is contemplated if and when such development is submitted to Pitkin County for general submission review. Because the parties to the proposed agreement wish to avoid the need to further interpret any areas of disagreement in the 1969 contract, certain terms and conditions of the contract have been negotiated with the applicant and do not conform with the terms of water service offered to other developments located outside the City (for instance, the requirement to pay well de~;elopment charges at a standard rate). The proposed ordinance which implements the Water Service Agreement makes specific findings with respect to the unique Circumstances which exist as a result of the 1969 contract. Becanse of these unique cimumstances, staff and legal counsel do not believe that City Council will be setting a precedent with respect to these standard conditions as they pertain to Other proposed developments outside the City. FJ~ANCIAZ IMPLICATIONS: As part 0fthe Water Service Agreement, the developer has agreed to pay the cost of installation of the water system improvements, including engineering and inspection costs to ensure the improvements comply with the City's water system standards. A warranty bond will be required for two years following completion of the system. The rate structure and utility connection charges currently in effect for Utility Billing Area 6 are sufficient to recover the costs and any ongoing capital replacements necessary to provide continuing service. As actual connections are made to the water system tO be developed as part ofthe'proposed agreement, staff will include such system additions in the formula based budget for the Water Fund in order to provide sufficient appropriations to operate the system. Pitkin County' s approval ofthe North Forty Pioj ect requires the developer to pay 50% of the tap fees (both water and sewer) for the residential portion of the project to reduce the cost 0fbullding for lot purchasers. The City staff and the applicant have deyeloped an arrangement where a predetermined 2 amount of water tap fees will be set aside for each building lot and retained in escrow until the lot is acmaily built on. There will be a slight administratiVe burden for record keeping, but staff agreed to this pmposai in the interest of limiting building costs. Exhibit B summarizes the agreement for prepayment of tap fees. This will provide a record to each lot owner for the amount of dollar credit available to be applied against utility investment charges (tap fees). There will be no loss of revenue to the City as aresuit of this proposal. RECOMMENDATIONS: Staff recommends that Council approve the proposed Water Service Agreement for the North Forty Project. PROPOSED MOTION: I move to approve Ordinance No. ~,,Series of 1999, approving a water service agreement with Bidgle, LLC, for provision of water service to a project known as Block I and Block 3 of the North Forty Project ha Pitkin County, CO. CITY MANAGER COMMENTS: 3 ORDINANCE NO. ( Series of 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A WATER SERVICE AGREEMENT WITH BIDGLE, LLC FOR PKOVISION OF WATER SERVICE TO A PROJECT KNOWN AS BLOCK 1 AND BLOCK 3 OF THE NORTH FORTY PROJECT, IN PITKIN COUNTY, COLORADO. WHEREAS, the predecessor in interest to Bidgle LLC submitted an Application for Water Service to the City Water Depaxut~ent, requesting that water service be provided to the educational and residential components of the North 40 Project; and WHEREAS, the property to be served is now owned by Bidgle LLC, and is located in Pitkin County, and not within the City limits of the City of Aspen; and W'HEREAS, Section 25.12.020 of the Aspen Municipal Code provides that any extension of City water service outside the corporate limits of the City of Aspen shall be made pursuant to an agreement with the City and in accordance with the City of Aspen water main extension policy and, further, that the City may grant water service only upon a determination that no conflict exists between the best interests of the City and the prospective water use, and that the City may impose such contract, water rights dedication and bond requirements as it deems necessary to safeguard the best interests of the City; and WHEREAS, the City Council has adopted by Resolution No. 5, Series of 1993, as mended, policies to guide municipal water system development and services beyond the City limits; and WHEREAS, said policies 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 oppommity to review with City staff the proposed extension of water service to B idgle' s' property, and, on March 9, '1998, passed Resolution No. 19 (series of 1998), approving the extension of water service to the educational and residential components of the North 40 Project, subject to certain conditions, including execution of a water service agreement; and WHEREAS, Resolution No. 19 (series of 1998) recognizes that Bidgle LLC and the City were unable to reach agreement regarding the scope and extent of application of a 1969 water service agreement between the City and Bidgle LLC' s predecessor (the ~'1969 Agreement"), so any water service agreement between Bidgle LLC and the City must recognize the unique circumstances of the 1969 Agreement, NOW, THEREFORE, BE IT OKDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT Section 1. The City Council of the City of Aspen hereby determines that the proposed provision of City water to the residential and educational components of the North 40 Project located outside the City limits of the Ci~ of Aspen is in the best interests of the City and, to the extent applicable in light of the 1969 Agreement, complies with the City's Code and policies regarding extraterritorial extension of water service, and therefore agrees to extend City water service to the residential and educational components of the North 40 Project on the terms and conditions set forth in the Water Service Agreement attached hereto and incorporated herein by reference. Section 2. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of ordinances repealed or mended as herein provided, and the Same shall be construed and concluded under such prior ordinances. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of comPetent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof... Section 4. A public hearing on the ordinance shall be held on the day of ,199_, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the day of ,199_. John S. Bermett, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY ADOPTED, PASSED AND APPROVED THIS DAY OF ,199. John S. Bennett, Mayor Attest: Kath~n S. Koch, City Clerk Final Version 03-03-99 CITY OF ASPEN WATER SERVICE AGREEMENT This Water Service Agreement is entered into this day of , in Aspen, Colorado, between THE CITY OF ASPEN, a Colorado municipal corporation and home rule c!ty whose address is 130 South Galena Street: Aspen, Colorado 81611 (hereafter "City"), and BIDGLE, LLC, a limited liability company, organized under the laws of Colorado! whose address is 303 E AABC, Aspen, Colorado 81611 (hereafter "Bidgle"). WITNESSETH ' WHEREAS, the City owns and operates the City of Aspen water system in accordance with the laws of the State of Colorado, and in accordance with' the charter, ordinances, rules, regulations, policies and resolutions of the City of Aspen, and this Agreement is entered into in conformity with, and subject to, such charter, and all such ordinances, rules, regulations, policies and resolutions; and WHEREAS, Bidgle is the owner of certain real property comprising approximately 23.49 acres situated in Pitkin County, Colorado, as more particularly described in Addendum f, and referred to in this Agreement as the "Property"; and WHEREAS, Bidgle plans to develop the Property into three distinct components: Block 1 for educational facilities; Block 2 for future commercial uses; and Block 3 for 72 residential units; and WHEREAS, Bidgle seeks to obtain municipal water serv. ice from the City for Block 1 and .Block 3 as approved by Pitkin County and described in detail in the attached Addendum 2 (referred to herein as "Project") and to specifically exclude Block 2 from this current water service agreement; and WHEREAS, water service for the Project will require construction and installation of new mains and lines which shall connect to other treated water mains of the City to create a looped system as required by the City, and as more specifically described in Exhibit A; and Final Version 03-03-99 WHEREAS, the Project is located outside the corporate limits of the City; and WHEREAS, approval for the Project was originally granted by the Board of County Commissioners for Pitkin County by Resolution No. 96-286, on October 23, 1996, and Resolution No..98-99 on May 27, 1998; and WHEREAS, the Municipal Code of the City of Aspen, Colorado (the "Code"), requires that the extension of water service outside the boundaries of the City shall be made only pursuant to a written agreement with the City, that the City shall not be obligated to extend such service, and may provide such service only upon a determination that it is in the best interests of the City, and that the City may impQse such requirements by agreement as it deems necessary to protect its best interests; and WHEREAS, the City's Water Service Extension Policy permits water service extension only upon demonstration that such extension will meet the policy goals and requirements of Resolution No. 5(Series of 1993) as amended [codified at Section 25.12.020(b) of the ASpen Mun!cipal. Code]; and WHEREAS, the City has determined that this Agreement and all covenants herein are necessary te comply with the Code and tt~e City's Water policies, and WHEREAS, the City is not hereby representing that it is a regulated public utility; or holding itself out t0 the public :in general as capable of or intending to provide water service extraterritorially; and WHEREAS, Section 25.08.060(e) of the Code provides for the rating of new or expanded water service based on potential water demand as expressed in equivalent capacity units(hereafter "ECU") with ECU defined aS "a unit reflecting that part of the capacity of the[City] :water system necessary to serve a standard water customer, with multiples or fractions of the unit including a maximum number and type of water fixtureS, a maximum irrigated area, certain cooking facilities or other water demand factors;" and WHEREAS, the City desires to' enC0Qrag~ the use of raw water supplies for certain outdoor irrigation where practical and feasible so as to reduce the dependence on treated water for this purpose, and tO minimize the costs of providing treated water service tO' the Project, and Final Version 03-03-99 WHEREAS, Bidgie has submitted its "Application for Water Service Extension" (the "Application") and has paid all fees required in connection with the Application; and WHEREAS, the City approved the Application pursuant to Resolution No. 19, Series of 1998 (March 9, 1998) and is willing to provide water service to Block 1 and Block 3 (the residential and educational components) in an amount that provides the number of ECU's reasonably necessary for the Project, including irrigation and soccer field requirements; and WHEREAS, pursuant to Resolution No. 19, Series of 1998 (March 9, 1998), the City approved the extension of water service to the Project after determining that the extension complies with the City of Aspen Water Policy for extraterritorial extension of services as set forth in Resolution 5, series of 1993 (as amended) and that the City of Aspen has the present capacity to serve the Project; and WHEREAS, the parties cannot agree whether the 1969 "Contract for Contribution Toward Water Main Construction" between the City of Aspen and John P. McBride d/b/a Aspen Airport Business Center, the predecessor in interest to Bidgle, LLC, recorded November 14, 1969, at Book 244, Pages 883~ 887 with the Pitkin County Recorder ("1969 Agreement") requires the City of Aspen to provide water to the Project or the Property; and WHEREAS, notwithstanding the parties' differing views as to the current status of the 1969 Agreement, the parties agree and intend that so long as this Agreement remains in effect, its terms and conditions shall apply to the provisions of water service to the Project (i.e., Block 1 and Block 3 of the North Forty Project); and WHEREAS, by execution of this Agreement, the City of Aspen does not admit to any obligation to provide water service to the Project or the Property pursuant to the 1969 Agreement and Bidgle does not waive its claim that the City of Aspen is obligated to provide ~vater service to the Project and the Property under the 1969 Agreement; and WHEREAS, the City has determined that if the Project as approved by Pitkin County is constructed in accordance with such approvals, and in accordance with the design drawings attached as ExhibitA, and the City's standards and specifications for water system infrastructure, it will be in compliance with the Aspen Area Community Plan and the Code as well as the City's policies regarding extension and delivery of municipal water to the Project · Final Version 03-03-99 to the extent the Code and such policies are applicable in light of the 1969 Agreement hereinafter referred to; THEREFORE, in consideration of the premises and the mutual promises and covenants contained herein, the City and Bidgle agree as follows: PURPOSE OF AGREEMENT 1 j Water Service to Project. The City hereby agrees to provide treated water service to the Project under the terms of this Agreement in such quantities and to the extent herein provided so as to serve the structures and uses authorized by Pitkin County as summarized in Addendurn 2. Bidgle understands that the City will be the sole provider for treated water to the Project, provided, however, that the Project is assumed to require approximately 192 ECUs, and that the maximum volume of treated water the City shall be required to provide to the Project pursuant tO this Agreement shall not exceed 80 acre- feet per year. (This ECU computation includes an estimated 144 ECUs for housing units, 13 ECUs for accessory dwelling units, 10 ECUs forthe Colorado Mountain College, and 25 ECUs for irrigation of the soccer field and open space. Water for irrigation of the soccer field is presently provided by the City from its treated water distribution system.) Only those structures and uses approved for the Project may be served under this Agreement, and to the extent so provided under this Agreement, this Agreement shall control the provisions for water. ' service to the Project. 2.. Limitation of Time to Provide Water Service. The City's obligation to provide water. service to the Project, pursuant to this Agreement, shall terminate if Bidgle or its assigns has not completed construction of the additional, upgraded or upsized water transmission and distribution mains and lines described on ExhibitA to serve the Project by May 31, 2001, unless the parties agree in writing to an extension of this deadline or unless completion of construction is delayed by force majeure as defined in paragraph 31 below, in which case the deadline shall be extended by the same number of days as the force rnajeure delay that prevented completion of construction; CONSTRUCTION BY BIDGLE 3.~ Water Mains and Lines. Bidgle will design and its successor or assign, Nort~ Forty, LLC will construct the additional, upsized and/or upgraded water transmission and distribution mains, lines and internal distribution lines for the Project in accordance with and Subject to the City's design, materials and construction specifications and approva!, at Bidgle's or assign's expense; 4 Final Version 03-03-99 ;rovided, however, that to the extent the City desires any mains or lines with capacities larger.than necessary to meet the needs of the Project, the City will be responsible for the incremental cost of such enlarged or additional mains or lines. "Incremental cost" shall be defined as the difference between the total cost of a particular: main or line designed and constructed solely to meet the needs of the Project and the total cost of such main or line as enlarged at the City's request. 4. Preconstruction Exhibits. The following exhibits concerning the Project have been prepared by Bidgle and have been reviewed and relied upon by the City in entering into this Agreement, and shall not be substantially modified without the City's agreement: Exhibit A: Reduced size copies of the plans for the additional, upsized and/or upgraded water mains, interconnecting mains (loop system), lines and internal distribution lines to be constructed pursuant to this Agreement, as approved by the City. Exhibit B: a. Schedule for completion of the Project's water mains and lines to be constructed pursuant to this Agreement as approved by the City. b. Estimatedgross water requirement (gpd) and water flow requirements for the Project for in-building use at full development (including water requirements for any existing uses that will be continued upon completion of the Project), and estimated treated water irrigation requirements, including number of square feet to be irrigated with treated water. c. Fireflow provisions, including location, size and description of fireflow storage to serve the Project. d.Description of general location of easements to be conveyed to the City, e. Information detailing computation of tap fee escrow amounts as described in Paregraph 7. Final Version 03-03-99 5. Final Plans: Preconstruction Meeting. The City has approved the final plans and Specifications for the additional, upsized and/or upgraded water mains, interconnecting mains (loop system), lines and internal distribution lines to serve the Project: No substantial changes shall be made to the approved: final plans and specifications without the City's prior written approval. Bidgle or ' assigns shall contact the City Water Department at least ten (10) working days prior to commencement of construction to arrange a preconstruction meeting between representatives of the Water Department, the Water Department'S inspector and Bidgle's or assigns' engineer and contractor to review the final plans and any minor modifications thereto, to discuss Construction scheduling, to arrange for the deposit in advance of the City's construction inspection fee, and any other matters that the parties deem necessary. Bidgle's or assigns' registered professional project engineer shall inspect and certify the design and installation of all water system mains and lines to be constructed pursuant to this Agreement. 6. Financial AsSurances. Prior to commencement of construction Bidgle or assigns shall pr0videto the City bonds or other financial security acceptable to the City Attorney assuring substantial completion of the water system described in ExhibitA within the time flame set forth in Paragraph 2 above. The instrument or instruments setting forth the financial security shall name the City as a third party beneficiary in.an amount equal to 100 % of the estimated cost of construction of the water system for the Project. AlternatNely, Bidgle may provide the City a copy of the financial assurances required by the County for all the infrastructure of the project, wherein the City is'named as a third party beneficiary in an amount equal to the 100% of the estimated cost of construction of the water system for the Project. The City will reimburse the incremental costs, if any, for enlarged or additional facilites requested by the City as provided in paragraph 3 above. Such instrument (s) shall be in form acceptable to the City AttOrney and shall ensure completion of and payment for the construction and hold the City harmless for payment to ~'he contractor or any subcontractors, materialmen or others involved in the construction of the water transmission and distribution mains, interconnecting mains (loop system), lines and associated facilities or for the provision of materials therefor. Bidgle or its assigns shall assign to the city all warranties from contractors, materialmen and suppliers which warrant the water system improvements Constructed by Bidgle or assigns free and clear of defects for p~riod of two (2) years from the date of completion of construction. Upon acceptance of the completed water system for the Project by the City, Bidgte, its successors or assigns shall provide to the City a form of financial security, together or independent from simi'lar financial assurances required of Bidgle or its assigns, approved by the City Attorney in an amount equal to 100%'of the construction costs of the water system to ensure Final Version 03-03-99 the proper condition and operation of such water system for a period of two (2) years from the date of acceptance of the system by the City. The City will reimburse the incremental costs, if any, for enlarged or additional facilites requested by the City as provided in paragraph 3 above. 7. TaD Fee Escrow: Hookuo Charae Waiver, and Pre-TapDing Agreement. The parties acknowledge that Pitkin County has required that Bidgle deposit a sum of money from which one-half (%) of the water tap (utility connection) fees for the Project residences will be paid. In order to meet the County's requirement, the parties have agreed that Bidgle will establish an escrow account-with a local bank, and will deposit into such escrow account the sum of $401,388.00, representing an estimated one-half of the tap fees for the sixty (60) lots on which single family residences will be constructed. The parties have determined the escrow deposit by assuming that 48 lots are expected to utilize 1.7 ECUs apiece and the 12 lots which have a cap of $200,000.00 on the value of the home are expected to utilize 1.5 ECUs apiece. The ECU counts were estimated based on Section 25.08.090 of the Code: The applicable tap fee in Billing Area 6 is $8060,00 per ECU, so the tap fee deposit is computed as follows: % x (1.7 ECUs x 48 units x$8060.00) = $328,848.00 % x (1.5 ECUs x 12 units x $8060.00) = 72,540.00 TOTAL ESCROW DEPOSIT $401,388.00 . Bidgle shall be responsible for establishing the escrow account, and paying all costs associated therewith, and shall be entitled to all interest earned thereon. The escrow account shall be established and funded no later than the date of final plat recordation. When an owner of one of the 60 lots .for which a portion of the tap fee has been- escrowed requests a building permit, the city shall compute the estimated tap fee (subject to revision upon inspection following completion of construction), based on the City's then-applicable tap fee. If the owner owns one of the 48 lots described above, an amount equal to $6851.00 shall be requested from the escrow agent for application to that owner's tap fee. The owner shall be responsible for the remainder of the tap fee. If the owner owns one of the 12 lots described above as to which a limit of $200,000.00 is imposed on the value of the home, an amount equal to $6045.00 shall be requested from the escrow agent for application to that owner's tap fee, and the owner shall be responsible for the remainder of the tap fee. The parties recognize that individual residences subject to this paragraph may have ECU counts that are greater or less than those used to determine the escrow deposit, and that the City may in the future Final Version 03-03-99 raise its tap fees. it is therefore possible that the escrowed amount applied to any particular residence tap fee'may not equal oneShalf of the: actual tap fee imposed for that residence. Although the parties have agreed that this water service agreement applies to the provision of water service to the Project, notwithstanding their differing views regarding the applicability of the 1969Agreement, the City agrees that due to the unique circumstances of this water service agreement, the City's utility hook-up charges (which are typically imposed in addition to the tap fee [also !known as a utility connection charge]) will be waived for water service connections by {he residences and townhomes within the Project. The City's agreement tO this waiver is not a precedent for any other water Service agreement to which the City is or may become a.party. The parties further agree that Bidgle may execute a Pro-Tapping Agreement which will permit Bidgle or its assigns to make water service connections to all lots in the Project. "Protapping" is defined as connection of an individual service line to a main or distribution line when the main or distribution line is installed. Bidgle has advised theCity'that it wishes to protap the distribution lines. A Pretapping Agreement will be executed by the parties contemporaneously with this Agreement, and will require payment of tap fees as provided therein when application is made for a building permit for the pretapped parcel. The tap fee to be paid for a pretapped parcel will be the City's prevailing applicable tap fee at the time application is made for the building permit for that parcel. If a payment from escrow is available to a lot owner, it shall be withdrawn from the escrow account at the time the lot owner applies for a building permit, and said payment Shall be credited'towards that owner's tap fee. 8. Payment in Lieu of Water Rights. The City has determined that, under the unique facts of this water service agreement, Bidgle and assigns shall not be required to transfer water rights to the City, or to make a payment in lieu of water rights as a condition of receiving water service under this Agreement. 9. Construction. UpOn completion of the prerequisites described in paragraphs 3 through 7 above, Bidgle shall proceed with due diligence to construct the water transmission and distribution mains and lines in accordance with the plans and specifications and the construction schedule. No Construction shall occur between November 1 and April l without written approval of the City Water Department: Bidgle acl~nowledges that an automated meter reading system may be required by the City for each connection, and that the cost of SuCh system shall be included in the meter charge paid by the Owner of the connection. ' Final Version 03-03-99 10; Fees. In addition to the tap fee deposit referred to in paragraph 7 above, Bidgle or its assigns shall timely pay all fees imposed by the City in connection with reviewing and approving this Agreement, the design drawings and construction plans, as well as construction inspection fees. Bidgle understands that such fees may include staff time at published rates and/or time spent by outside consultants and/or inspectors. To the extent reviews or inspections are conducted by outside firms retained by the City, the actual costs of such firms shall be paid. An advance deposit for construction inspection fees shall be required at the preconstruction meeting described in paragraph 5 above. Bidgle or its assigns shall also be responsible for timely acquiring and paying for all permits and permit fees from entities other than the City (such as Pitkin County and/or other regulatory agencies) necessary for construction of the mains and lines. 11. Inspection of Construction. Construction must be inspected by the City's engineers or other designated personnel prior to burial of underground water mains or final installation of other facilities; Bidgle or assigns shall give the City reasonable advance notice when the mains and lines are ready for burial or installation, as appropriate, and the City's engineer or agent shall inspect said mains and lines within two business days of such notice. Bidgle or assigns shall timely pay all construction inspection fees, if such inspections are conducted by outside firms retained by the City, the actual costs of such firms shall be paid. 12. Easements. Bidgle or successors or assignsshall obtain at its'own cost and convey in perpetuity 'to the City as-built non-exclusive easements, in form acceptable to the City Attorney, for water mains and lines, along with all necessary' access easements for maintenance and repair purposes ("easements"). The water main and water line easements must be large enough to provide the City with at least ten (10) feet on either side of water mains and lines and must specify that (1) sewer lines must be located at least ten (10) feet from any water main or lines, and (2) other utilities must be located at least five (5) feet away from any water main or lines. If sewer lines or other utilities are within the distances described in (1) or (2)above as a result of a crossing of water lines and sewer or other utility lines, the water lines may be installed with extra measures as required by the City. Access easements, if necessary, shall be of a size determined by the City to be reasonably necessary. Each party shall be solely responsible for any injury or damages, including costs and attorneys' fees, to persons or property arising form its own negligent acts or omissions occurring on any easement or resulting from its use or occupation of any easement premises. Nothing contained, herein, however, shall constitute or result in any waiver or diminishment of any defenseor limitation available to the City under the Colorado Governmental Immunity Act or other applicable law. Final Version 03-03-99 13. Testina -Convevance- As-Built Drawings. Upon completion of construction, the following must be completed before the water system will be accepted: by the City and before any water is .delivered pursuant to this Agreement: (1) AII new distribution and transmission mains and all associated water lines must be :tested ands upon approval of test results by the City, conveyed (excluding individual service lines) with all necessary non-exclusive' easements to the City, free and clear of all liens and encumbrances, by instrument in form acceptable to the City Attorney, which may be a reference to the easement as dedicated and depicted on the final plat; (2) the financial assurances securing performance and completionof the project pursuant to paragraph 6 above shall be adjusted to reflect the final actual construction costs; (3) The financial security required by paragraph 6 above to ensure the proper condition and operation of such water system for a period of two (2) years from the date of acceptance of the mains and lines must be in place and must reflect the actual construction costs prior to the City's acceptance of any main or line; (4) As-built drawings of the Project, inclu~fing the water system and all other utilities, must be provided tothe City on reproducible sepias with a maximum size of 24"x 36", and on an "auto cad disk data transfer file'~ tied into one (1)set of state =plane coordinates. WATER SERVICE: 14. Treated Water Service. Upon completion of construction and ' acceptance of the water distribution and transmission mains, lines and easements by the City, the City will provide treated water service to the Project not to exceed the total number ofECUs plrovided for by this Agreement, provided that the maximum volume of water the City, shall be required to supply each year shall not exceed the amount(in acre-feet) set forth~in paragraph 1 above. Any substantial change in the treated water service requirements for the Project will require approval by the City, and amendment of this Agreement. The treated water to be delivered by the City pursuant to the terms of this Agreement may be used for all lawful in-building municipal purposes and for fire protection, swimming pools and normal and reasonable outside irrigation of trees; lawns and gardens, as well as for irrigation of the existing soccer field. Bidgle agrees to adopt, in a form acceptable to the City Attorney, covenants which restdct the use of treated water delivered hereunder to no more than 3,000 square feet of lawn and garden irrigation for each single-family residence and no more than 1,800 square feet of lawn and garden irrigation for each townhome:. All such irrigation shall be by drip or spriqkler irrigation means and no more than 482,400 square feet total (inCluding the soccer field) shall be irrigated forthe entire Project. Notwithstanding the foregoing, all water use will l0 Final Version 03-03-99 be consistent with the City's Water Policy Resolution (Resolution No. 5, (Series of 1993), as amended), and water conservation ordinances. 15. Raw Water Service. The City may elect to provide raw water for ~rrigation purposes to the Project, although it has no present means or plans to dc so. If the City elects to provide raw water service in the future, itshall do so in accordance with its standard policies and procedures for providing such service. Pursuant to such standard policies and procedures, the City will construct, at its cost, any infrastructure necessary to deliver raw water to the Project, and will recover the costs of such construction through its raw water rate structure. If the City provides raw water while this Agreement is in full force and effect, Bidgle understands and agrees that the City shall be the sole provider of raw or treated water for irrigation pursuant to this Agreement, unless this Agreement is amended~ Bidgle, its assigns and successor and any owner or user of the Project further agree to not develop or utilize independent raw water systems and/or. water rights or wells within the Project, so long as this Agreement is in full force and effect, unless this Agreement is amended. If the City determines that raw water can be provided for irrigation of common open spaces and/or recreational areaS; Bidgle or assigns shall agree to a restriction, acceptable in form to the City Attorney, limiting the use of treated water for irrigation of such common open spaces and/or recreational areas. 16. TaD Fees - Computation and Payment: Scheduling of TaDs. AI'I tap fees for treated water service herein provided shall be assessed utilizing the City's p[evailing applicable tap fee for Billing Area No. 6 at the time of application for a building permit for the structure for which service is sought. Tap fees will be paid as provided in paragraph 7 above. No water service shall be provided to any structure absent payment of the appropriate tap fee: Tap fees shall be paid at the time of building permit issuance: or, if a structure already exists, prior to delivery of water to that structure by the City. Physical taps shall be made as provided in the Pretapping Agreement, the form Of which is attached hereto as Exhibit C and incorporated herein by reference. 17. Service Lines. Each service line shall be metered in accordance with the Code. Bidgle acknowledges that all existing service lines, if any, will be replaced in accordance with the City's design, materials and construction specifications as more fu,lly described in Exhibit A: 18. Limitations on Provision of Water Service. This Agreement is only for the supply of treated watei' service as heroin described and no expansion of uses, connections or water Service beyond those set forth heroin and in the Final Version 03-03-99 Addenda and Exhibits:hereto is in any way authorized by this Agreement. The City is not by this Agreement prejudging, certifying or guaranteeing its ability to provide treated water service to any use or structure except as provided herein, nor may this Agreement be used as evidence of approval of any land use requests or as evidence of approval of Water service for any land use request, e)<cept as proVided herein. 19. Service to the ProjeCt is Subject to the City's Charter, Code, Rules, Rec~ulations and Policies, All water senLice provided hereunder shall be subject to all applicable provisions of the Charter of the City of Aspen and the Aspen Municipal Code, as well as all applicable rules, policies or regulations of the City now in effect or as may be hereafter adopted, provided, however, that the parties hereto agree that this Agreement shall preclude any legislative, zoning. or land use action by the City or pursuant to an initiated measure which would alter, impair, prevent, or diminish the rights of Bidgle, its successors or assigns under this Agreement or otherwise delay the development or use of the Project on the Property as set forth in the Detailed Submission and Final Plat approval granted by the Board of County Commissioners of Pitkin County by ResolUtion No. , as recorded with the Pitkin County Recorder's office at Reception No. , except (a) with the consent of Bidgle, its successors or assigns, or (b) upon the discovery of natura! or manmade hazards on the Property, which hazards could not reasonably have been discovered at the time of the County approval, and which hazards if not corrected within a reasonable time frame, would pose a serious threat to the public health, safety and welfare. In addition, provided that such does not conflict with the terms, benefits and obligations of the parties set forth in this Agreement; this Agreement shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property similarly situated for building permit issues, including but not limited to, water service, building, fire; electrical and mechanical codes. In this regard, Bidgle, its Successors and assigns shall abide by any and all building, fire, plumbing, electrical, water service, and mechanical codes., unless an exemption therefrom is granted in writing. 20. Rules Reclarding Water Use. Bidgie agrees to adopt all provisions set forth herein as rules and regulations governing the use of water for the project, and agrees that this Agreement and the Addenda and Exhibits hereto shall be recorded at Bidgle'S expense as covenants running with the land and shall be as fully enforceable for the Project as if the same were situated inside .the City. Bidgle, its assigns or successors agrees to assist the City in every manner reasonably possible t° enforce the City's ordinances, rules and regulations made to protect purity, Safety and supply of the water delivered pursuant to this Agreement, including curtailment during times of shortage, Final Version 03-03-99 elimination of any potential cross:conne~:tions and the utilization of water conservation devices as set forth in the Code. Bidgle, its assigns or successor also agrees to prohibit all unnecessary or unreasonable waste of water on the ProjeCt and to make reasonable efforts to enforce such prohibition. The unreasonable or unnecessary waste of watershall be defined as set:forth in the Code. 21. Source of Water SuDDIV. The parties to this Agreement recognize that the City's water supply is dependent upon sources from which the supply is variable in quantity and quality and beyond the City's reasonable control; . therefore, no liability shall attach to the City under this Agreement on account of any failure to accurately anticipate availability of water supply or because of an actual failure of water supply due to inadequate runoff, poor quality, failure of infrastructure or other occurrence beyond the City's reasonable control. 22. No Guarantee of Water Quality, Quantity or Pressure, The City makes no promise or guarantee of pressure, quantity or quality of water supply for any purpose, including fire suppression, except as specifically provided heroin or as is required by applicable federal, state and local laws and regulations. The City agrees to treat its water to meet all mandatory local, state and federal potable water standards and to exercise reasonable care and foresight in furnishing water hereunder equal in quality to that furnished inside the City. 23. Property Ric~hts in Water. All water furnished under this Agreement is provided on a contractual basis for use for the Project as described in this Agreement, and all property rights to the water to be furnished hereunder are reserved to the City. Water service provided under this Agreement does not include any right to make a succession of uses of such water, and upon completion of the primary use of the water for the Project, all dominion over the water provided reverts completely to the City. Subject to the proh b t on against waste and any other limitations on water use imposed !n this Agreement Bidgle, its assigns or successors shall have no obligation to create any particular volume of return flow from the water furnished under this Agreement. Bidgle, its assigns or successors agrees to cooperate with the City in measuring and reporting return flows to the extent such measuring and reporting are required by the Colorado State Engineer or his agents. VIOLATIONS Final Version 03-03-99 24. Enforcement by the City. The parties to this Agreement recognize and agree that the City has the right to enforce its rules, policies, regulationS, ordinances and the terms of this Agreement by the disconnection of the' supply of water to the offending party or connection. Additionally, in the event that Bidgle or any user who has purchased or leased a portion of the Project violates the rules, policies, regulations or ordinances of the City, the City shall have all remedies available to it at law or in equity, or as provided in the Code. Without limiting the foregoing rights and remedies, Bidgle agrees that the City may also enforce such rules, policies, regulations or ordinances by injunction, the parties agreeing that the damages to the City from such violations are irreparable, and there is no adequate remedy at law for such violations. The City shall be free from any liability arising out of the exercise of its fights under this paragraph. Notwithstanding the foregoing provisions of this paragraph 24, if an individual owner or lesseewithin the' Project '(other than Bidgle) commits a violation with regard to water delivered to his owned or leased property, only that individual owner's or lessee's water service shall be disconnected~ and enforcement actions will be directed toward that viOlatOr and not toward those who are not violating this Agreement. ' Reciprocally, in the event the City breaches all or a portion of its obligations under this Agreement, Bidgle, or its successors and assigns, shall have all remedies available to them at law or in equity. Without limiting the .. foregoing fights and remedies, the City agrees that Bidgle, or its successor~or assigns, may also enforce their rights by injunction, that the City agrees that the damages from such breach are irreparable,:and there is no adequate remedy at law for such breach or breaches. TERMINATION 25. Termination by Agreement. Except as provided.to the contrarY herein, this Agreement shall only be terminated in wdting by mutual agreement and the term of this Agreement shall continue until such termination. 26. Termination if Illegal.' The parties agree, intend and understand that the obligations imposed by this Agreement are conditioned upon being consistent with the Code and with state and federal laws. The parties further agree that if any provision of this Agreement becomes, in its performance, inconsistent with the Code, state or federal laws, or is declared invalid, the parties shall in good faith negotiate to modify this Agreement so as to make it consistent with state or federal laws as appropriate, and if, after a reasonable amount of time, their negotiations are unsuccessful, this Agreement shall 14 Final Version 03-03~99 terminate. The City agrees that its contractual obligations hereunder will not be impaired by any amendment to the Code unless such amendment (or impairment) is mandated by state or federal law. ANNEXATION 27. Annexation. After final approval of the Project and vesting of property dghts in accordance with the final approvals granted by the Board of County Commissioners of Pitkin County, and upon the request of the City, at the City's sole discretion, Bidgle, its assigns or successor, shall petition the City for annexation of the Project and the Property, provided such annexation is for the entire Project and the Property to ~he City of Aspen at such time(s) as determined bythe City (hereinafter"Property to be Annexed"). Contiguity may be established by the annexation of one or more parcels within the Property to be Annexed, in a series contemplated in C.R.S. § 31-12-104(1)(a). Such annexation(s) shall not divest or diminish any land use approvals, grants of exemption, variances, designs, approvals or any other development rights awarded by Pitkin County for the Project or the Property, to the extent such approvals and rights are legally vested on behalf of Bidgle prior to annexation to the City. The owr~ers of the property comprising the Property to be Annexed, upon written request, shall provide the City, within seven days of recordation of the final plat, a list of all owners and legal descriptions of the property owned by each such owner within the Property to be Annexed to facilitate the preparation and recording of an Agreement tO Annex. Failure of Bidgle, and/or its assigns or successors in interest to commence annexation proceedings as herein required shall authorize the City to commence such annexation on their behalf, in which event the City shall charge, ;and Bidg!e 0r, if and to the extent the Property to be Annexed has been transferred, only Bidgle's successors in interest shall pay, all costs and fees associated with such annexation. Neither any provision of this Agreement o~ annexation shall require owners of the Property to be Annexed to comply with A) any building, engineering, or design standard or Code, or interpretation thereof, which differs!from the standards or variances under which the Project was approved by Pitkin County; and B) the provisions of Ordinance 30, Series of 1995, or any similar ordinance. In the event annexation would result in approval, design criteria or classification which would render the Project, or any portion of the Project, non-conforming in nature within the City, the City shall adopt such appropriate zoning, design criteria or other regulations for the Property to be Annexed which would render the Project, or any portion thereof conforming. In the event of any inconsistency between the final approvals granted by Pitkin County for the Property to be Annexed and the legislative requirements or policies of the City, the County final approvals shall control. Final Version 03-03-99 Notwithstanding annexation of all or any part of the Project, this Agreement will remain in full force and effect. GENERAL PROVISIONS 28. No Rec~ulated Public Utility Status. The parties agree that by this Agreement the City does not becomes a regulated public utility compelled to serve other parties similarly situated. Bidgle agrees that neither it nor its assigns or successors shall at any time petition the Colorado Public Utilities Commission to acquire jurisdiction over any water rate set by the :City. The parties agree that in the event the City iS held to be a regulated public utility by virtue of this Agreement, this Agreement shall terminate and be of nO further force or effect. 29: No Waiver. Failure of a party hereto to exercise any right hereunder shall not be deemed a Waiver of any such right and shall:not affect the right of Such party to exercise at some future time said dght or any other right it may have hereunder. 30. NotiCes. All notices required to be given shall be deemed given upon deposit' in the United States mail, first class postage prepaid, properly addressed to the person or entity to whom 'directed at his or its address shown herein, or at such other address as shall be given by notice pursuant to this paragraph. Copies of such notices shall also be sent in the same manner ~o the City Attorney, City of Aspen, 130'South Galena Street, Aspen, Coi0rado 81611 (for the City) and Patrick & Stowell P.C., 730 East Durant Street, Suite 200, Aspen, Colorado 81611 (for Bidgle). 31. Force Majeure. No:party shall be held liable for a failure to perform hereunder'due to wars, strikes, acts of God, natural disasters, drought or other similar occurrences outside of the control of that party. 32. Severability, If any provision ofthis Agreement shall be o~' become invalid or unenforceable, the remaining provisionS' shall not be affected thereby, and each and every proviSiOn shall be enforceable to the fullest extent permitted by law. 33. Amendment: Assignment. Neither this Agreement; nor the obligations of:either partyhereto, nor the right to receive water service hereunder, may be amended or assigned without the written consent of the parties hereto, provided, however; that construction of the water mains and lines as approved herein will be assigned to North .Forty, LLC without amendment to this Agreement and that subsequent owners, including the NorthForty' Final Version 03-03-99 Homeowners' AsSociation, of any portion of the Project shall be subject to the terms and conditions of this Agreement and shall be entitled to receive water service pursuant to this Agreement without amendment of this Agreement. 34. Entire Agreement. Except as otherwise provided herei~ regarding the 1969 Agreement, this Agreement, including its Addenda and Exhibits, shall take precedence and control all prior wdtten and oral agreements and representations of the parties, and is the total integrated agreement among the parties governing the matters provided for herein. 35. Interpretation. Titles and paragraph headings shall not be used to alter the meaning of this Agreement. 36. Bindina Agreement - Recordina. This Agreement is binding upon the parties hereto, their successors and assigns, and any sale of the Project, Block 1 or 3 of the Property, or any portion thereof shall be subject to this Agreement as provided herein. This Agreement, including the Addenda and Exhibits hereto, shall be recorded at Bidgle's expense with the Pitkin County Clerk and Recorder, and shall impose covenants running with the land upon Blocks 1 and 3 of the Property. Deeds to subsequent owners shall provide notice of this Agreement and the obligations contained herein. 37. Governina Law: Venue: Attorneys' Fees. This Agreement and. the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for all actions arising under this Agreement shall be Pitkin County, Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict regarding the terms of this Agreement or the rights and obligations of the parties hereto, the prevailing party shall be entitled to recover costs incurred in pursuing such remedies, including expert witness fees and reasonable attorneys' fees. 38. Authorization of Sianatures. The parties acknowledge and represent to each other that all procedures necessary to validly contract and execute this 'Agreement have been performed and that the persons signing for each party have been duly authorized to do so. 39. CounterParts. This Agreement may be signed using counterpart signature pages, with the same force and effect as if all parties signed on the same signature page. IN WITNESS WHEREOF, the parties have execute this Agreement the date and year first above written. Final Version 03-03-99 THE CITY OF ASPEN, COLORADO A']'rEST: A Municipal Corporation and Home Rule City By By City Clerk Mayor APPROVED AS TO FORM: Aspen City Attorney BIDGLE, LLC ATTEST: By By Title: Title: APPROVED AS TO FORM: Patrick & Stowell, P.C. " ' oL oN.No, ' [' ': S~ of 1998 · . ~R~R~BRTY · .~)' :'~, ~e No~ Fo~ Pr{~t hu ~tt~ ~ ~p~18aaon for w~ semite .,. " ' O ~ ~ e ls~ w~r s~ , ' · ',. · :. "'.. . :'~AS; mc di~ Co~ has gcp~d by~clu~on ~oI~on No, S, Sc~cs a ~f~e~sS~ ~ ~g ~ the NO~ Forty Project, cn~d ~ a "Cou~aut for ): ..... , ,' ~ ~ ' ~ e '. "' U~s~ss/on m m ~e Asp.n A~pon B~s ~t~, ~ me gi~ a~d W ~ovi~ /.. : :".-"' /*~I::~R. 1.199938 4: 37_~M~r~ C~.H~ u~*r~**c,=,I · '. . ' ~cnm~ of ~e Noah ~ Pmj~t'~ p~ose~ =p:iqn of w~ s~ce tb ~he pr~e~ ~ow, ~o~s, ss ~ moL~ BY ~ co~ o~ ~ ~. 6~ ~. '." ,'S~c , t The City Co~cil o of Aspen )~nN ~at tim .: ~r ~ extension to ~e "z~sjdan~ ~ ~o:~ ~o~" of ~ N~ ~ Pwj~l -. w~r'~o~ .for ~X=am=t~ ~i~ ~ ~t for~ 'in ~csolu~ No. 5, Sc~ of t99S. ~d m~ ' · : .~ ~ ~p~n ~ CommuniW PIn. The City o~ ~en h~ ~e ~ent oap~ t0 S~, and "' ". a~s ~o pro~i~ w~r su~: m supply ~ to ~e ~nt of m~ n~ber of E~ s m~on~bly " " ne~s~ for ~ residues and ~uc~on~ compo=nt~ u Cu~cnfly pwp0se& in~lu~nS ~e " ...,:'.. '" sh~ a~n, ac a ~im~ ~ folowi~ : ,. ~. En~ecrh~ ~aw~Vs d=~n~ ~ proposed wat~ m~ ex~en~ - :, ~;~on, ~ s m~er,~ ~ ~e ',W~ Dep~ of ~1' ' ' ~n~y ~iew of ~e p~ and ~:r ~;h~c~ issues ~ m~y ':' ' ' b. Apropo~ ac~pt~ble to ~c Ci~ ~o =nsu~ ~ci~l ~c~d~ fGr , ' completion d tha project .: ~ . ~t~ ~ ~c szdd~ d~e City, : d. Any o~ ~f~a~on ~ned ~e~sS~ by ihe Wat~ " ~p~at'ot ~W Aumcy. '.' ., e,. Th~ ~plicafion for w~ ~ sha~ be ~ccn~pa~cd by a p~cessin2 ~ ~ ~yi=w fec ~.~mhlished ~ '~ ~W. -. ~, Applic~t ~'~ ~prcscn~s Cc~sgon~s of Pi~n C~my. Au~ :'" ~nC w~ch m ~e ~d ~oved b~ ~ CounW ah~l bc subject to , appWv~ b~ ~e ~ Cou~ p~or ~ ~= cx~on of a Wal~ S~vt~ A~nL ~u~c ~ ~nd to ~c Pi~ Coun~ Bo~d ~ Count~ ~mm~ssi~s u a ~ner~ sub~ssion .~cw. 3, No ~ui~o~.6r ~xp~sion of a Wrl~en Wamc 3e~c~ A~m~nt, S~d W~ $~tce ~=ement ~ust be ~pfoved by ~ ~ ~un~ by Or~=, HoWever, so lon2 as 9 pr~dsed ~el~ is not. ~bsm~y ..- " b~,~ CRy ~1, ~ W~r ~ic= A~6m~nl ~h~ coa~n ~ followini ~ro?isions: '. . a. ' ~ a~can; sh~l "., w~ ~C~m, ~o · '. and ~on~ ~eu ~ ~ cyst ~t ~w wat~ is ~ ~l~ie for t~Z~on p~osu f~ conon ~ sp~cs, or o~r conon · '. ~r6a~on~ ~ Which do ~ot ~e ~t~ w~r . :' b. A~ ~em~t by tl~ appll~an~ lo nn~,Xalion, o~ ~I ,prop~ s~ed . · ,. ,' by ~s ext~i~ or exp~ston of ~a~r s~e " P~p~W becomes c~n%i~o~ to ~ ~ty and tb~ ad~h nn~a~ is ~abl~, $~ c6~ent Sh~ll be ~o~ded by o~n~ of pzop~ s~ed on a dccumen~ ~ f~ ~c~mblc ' ' : City Mcmsy ~ ~o~abI= in ~ CounW, CI~k. . ' O~cc ~ x ~n~; m mn ~ the ~d. ... u~ty connec~ ch~'ges, ~y o~cr ~!atcd watc~ utifity fec~ as " h~ ~xc ~pcu ~unicip~ Codolor the. connection' Of, Ci~ .of ~n. h:rein sh~ be co~ ~ ob~ ~H~ut ~ ~ky for u],D~-site "' ~w~nti w ~' .Ci~'s w~r sys~m no~ p~d by ~ w~r '" C{~s:w~r ~ ~ oi ~e No~,~onv ~oj~t : . · A~HuU~.Ud ~ aW.a~ ~: a~ wa~r ~s ~d s~w~r ' . .' ~ T~ ~pflou.of ~ ~$olufiuu by ~m City Co~ ~1 no~,bm cons~6d ~ · .' ~ ~siton ,~]at ~c Ci~ of Aspen ~ uy ~g~,obE~on u~ ~e ,de~meu~ I~9 ', .Proj~l ~ U~ ~tu~m "co~ ~mpo~W' m me mj~t m~ ~ be p~osed ~ m~ N~h . Fon~.~jc~ or ~p~cd by ~e P{~n Co~ B0~ d C~nty Co~ssi~ra. ~e ~xec~on 6f , a wa~r 's~tce a~ment ~ cantempla~d hc~in s~l not b~ con~ u a w~v~ by ~e ~c~.. ~cj~ of i~ chim fo~ p~v~cn of wa:~ s~c~ w ~c N~ Yo:~ ~rojcct und~ ~e ' ' ndD~, ~ ~ ~O~ by ~c CiW C~u~cil ol ~c Ci~ of As~mn on. ~ ' '.. ; ? . . .. "' ' ' ~u~ May '~ , · · ...,. , ,, ·: 5. Bm o~ ,- L Ka~ S. Koch, dul~ a~o~tcd ~d ~g CiW Cork do ce~ ~ ~ fo~6~ is a ~ : ./ ,' · . . · ALP P,S'rmN Coveu., A't~g~ AT LAW DONALD W. AZ.Pmm'Em ~0 COLOE~DO STATZBAN]rB~.DING ,Tma~ONE C~ E CO~ I~M ~WA~ D~ CO~O ~02~3 (303) D~lgl D~bcr 17, 199~ Ch=lcs T. Br~d~ Esq. a~ ~S. Mall ~Ies T. Bmdt &~soch~s, P.C. 430 B~t M~n S=~ S~ 2~ ~p~ CO 81611 De= Chuck; Jo~ Worcester uked me W rcspo~ ;o yo= Dec~b~ 1% 1998 le~ w b~ i reckyeA a f~ copy of ~s l~ucr ~om you e=lier ~s ~oon= but I ~d not ~ive ~e =~U. Howls, I &d sp~ to Jo~ about ~is 1~. H~ ~sed m~ CiW ~d a~ed ~: ~e we11 systm ~v~lo~ c~ge ~d not he i~os~d ~ ~e wa~ s~ce ag~m~t for ~ No~ 40 project.. ~e l~ge req~g ~ w~11 s~m d~elopm~ ~ge wu ~dc~ ~d~ m ~ second &~ by me. hcon~fion ~ ~ ~, I ~ ~d ~solufionNo. 19 (S~ of1998), pick~ up ~e w~H sm d~pm~t ~g,, ~e~y ~ e~. ~e ~or w~ ~n~17 mine, ~d ~o~d not be cons~ ~ ~ e by ~e CiW to chnge ~e de~ a~ ~ el~vcn~ ho=. It app~ ~ me ~om ~e ~n~ p=a~h ofyo= 1~ ~ Io~ Wo~ ~t yo~ c~ent wo~d ~e to bye a wat~ scoot ~e~t ff ~, we~ s~m d~v~m~ ~e ~ not ~clu~ T~ ~u v~ mu~. C~a F. Cov~ ~C~en cc: Jo~ ll~-~-~ ~u: ~1.,. rn RIR~Et~BF~Y~/.~8 OENT~ F~X NO. 970 BZ~ ~lU~, WATER SERVICE AGREEMENT FOR PORTION OF NORTH FORTY PROJECT ADDENDUM 1 Legnl Desaription of the real property ~omprising the North Forty Project: Tract B-3, Tract B-4 and Tract B-5 combined, Aspen Center In that part of NVV 114 of Section 34, Township9 South, Range 85 West of 6th P.M. Pin County, State of Colorado. morn partic~jlarly described in attached description.. ~ D~,~r~"rCe; (cgmtiza.mt} Qcde= N~. ~ma~MJ' WATER SERVICE AGREEMENT FOR PORTION OF NORTH FORTY PROJECT ADDENDUM 2 Description of Project for which Water Service Agreement applies: The NORTH FORTY PROJECT consists of three (3) bio{;ks: Block I for educational facilities; Block 2 for possible future a¢=assory commercial, or other uses; and Block 3 for 12 residential 1ors which is morn particularly described in the Plat of the North Forty PUD Subdivision, which Plat is flied of record in the Plat Book , at Page . in the Office of the Clerk and Re~order of P~in County, Colorado. A' reduced copy of which is attached. This Agreement =pp[ies to water service to Block 1 and Block 3, Water service to Block 2 will be provided under a ~eparate contract. Block t consists of a Colorado Mountain College Campus. This non- residential use includes an approximate 32,0{30 square foot building with capability of expanding to 36,000 square feet See Exhibit B for grass water requirements including in building use and irrigation. Black 3 consists of 72 residential units, deed restricted as ".resident occupied" units under Aspen/Pitkin County Housing Authority Guidelines. Of the 72 units, 60 will be single family homes, no larger than 2200 square feet and the remaining 12 will be townhomes. See Exhibit B for grass water requirements including irrigation of soccer field. Pitkin County approvais forthe above North Forty projm:t can be found in the Office of Cled~ and Recorder of Pitkin County at Reception Numbers 401157 (ResotuUon g6-28e), 421207 (F~.eeolution 98-gg) and (Reso[u'don 99- 1. WATER SERVICE AGREEMENT FOR PORTION OF NORTH, FORTY PROJECT EXHIBIT A Attached is a reduced ~opy of the Wgter Distribution System for Block and Block 3 of the North Forty Project and description for instailation and materials. WATER SERVICE AGREEMENT FOR PORTION OF NORTH FORTY PROJECT EXHIBIT B a. Installation of the facilities as shown on Exhibit A is anticipated to take place during the summer and fall of 1999 with completion no latter than May 31, 2001. b. The estimated average gross water flow rate for the extension of 100,908 gallons per day (gpd)for the month of June (peak irrigation seasons). IN-BUILDING USE Average In-Bujlding use is estimated to be 30,494 gpd at full development of Block 1 and Block 3. In-Building usage is based on 360 gpd forthe 72 residential units, 250 gpd 'for 13 possible ADU, 14.5 gpd forthe 13 CMC employees and 10.6 gpd for 175 FTE CMC students. Existing Uses The existing CMC campus will be moved from the current location to this project's location. Current consumption is estimated to be 2,400 gpd. IRRIGATION The estimated maximum treated water irrigation requirement is 72,543 gpd during the peak month of June. This irrigation rate ,s . based on an application rate of 0.603 acre-fee~rrigated acre, The irrigated square footage is estimated to be 482, 400 square feet. Existing Uses 109, 100 square feet of the estimated 482,400 square feet is the existing soccer field which is currently being irrigated and will continue upon completion of this project. June consumption at the above rate is 16,400 gpd. c- Fire flows are to be provided by the existing main line capacity connected to the property. d. General easement descriptions are graphic, ally shown on the attached Exhibit A. e. The amount of the water tap fee deposit by Bidgle is based on the following fixture counts for a three bedroom/2 bath house for 48 lots and the following fixture counts for 12 tots which have a cap of $200,000 on the value of MAR-OSo99 WED 01:01 PM AIRPORT EXHIBIT B North Forty Water Service Agreement page 2 the home. The ECU counts were derived from the Section 25.08.090 of the Municipal Code of the City of Aspen. The cost of an ECU for this area is $8060 per ECU: ~ 12 $75.000 LOTS 2 baths ,6Q 2 baths .60 I kitchen .25 I kitchen .25 3 bdrms .30 2 bdrms .20 Spdnlder ,30 Sprinkler .20 Garbage Disp. .05 Garb. Disp. .05 Dishwasher .10 Dishwasher .10 Clothes washer ,1O Clothes washer .10 Total ECU 1.7 Total 1.5 MEMORANDUM FROM: C~stopher Bendon, Pl~e~~ E: Ise~ Park R~on~g ' 1" Readhg Ordhance No. ~ , Series of 1999 DAE: M~ch 8, 1999 SUMMARY: The City of Aspen has recently annexed a 21+ acre tract of land known as "Iselin" and "Rotary" Parks. As part of the statutory requirements of armexation, the City has an obligation to zone the property within 90 days of the annexation. In Pitkin County, the property straddled two zone districts. The northern half of the land was zoned AFR-2 and the southern half AFR-!0. Both of these zonedistricts permit single-family residential uses and general outdoor recreational uses. The parcel is owned by the City and managed by the Parks and Recreation Departments. The parcel is currently being planned for expanded municipal recreational facilities including an ice rink, ball fields, a redesigned pool, and possibly a few affordable housing units. This memorandum addresses only the rezonlng and does not contain any recommendations regarding the redevelopment of the parcel. The Community Development Department is recommending the parcel be zoned Public (PUB). TIffs City .zone district allows for the current use of the property but removes the provision for a single family home. The Public Zone Dis~ct provides for affordable housing as a conditional use. a use not allowed in the Park Zone District - and establishes all dimensional requirements of the site through the PUD process. Staff recommends City Council adopt this Ordinance to rezone Iselin and Rotary Parks to the Public Zone District upon tint reading and schedule the public hearing for March 22, 1999. APPLICANT: Community Development Department, City of Aspen. LOCATION: ' 450 MarooB Creek Road (Moore Po01). ;Located west of the School Campus. ZONING: Pitkin County Zoning: AFR-2 for the northern portiota AFR-10 for the southern portion. Proposed City Zoning: Public .(PUB) Zone. A copy of the proposed zoning is attached as Exhibit B. LOT SIZE: 21.269 acres. CURRENT LAND USE: Active and passive open space and 'recreation. Municipal pool and tennis courts. PROPOSED LAND USE: The City Parks and Recreation Departments are considering a redevelopment of this parcel to accommodate an indoor public ice rink, pool, ball fields, and affordable housing. A more detailed presentation of the conceptual development plans may be made at second reading upon the request of Council. The proposed Public zoning would accommodate all the uses being contemplated. PROPOSED LAND USE: The parcel was annexed into the City on January 11, t999. The Planning and Zoning Commission reviewed this zoning request on March 2, 1999~ and reviewed the latest conceptual development plans during a work session with the development team. REVIEW PROCEDURE: Rezoning. Upon receiving a recommendation from the Planning and Zoning Commission and the Community DevelOpment Director, the City Council shall consider the application at a public hearing and approve, approve with conditions, or deny the rezoning request. BACKGROUND: The subject property was axmexed into the City 'of Aspen on January 11, 1999. According to State statute, the City must zone the property within 90 days 0fthe final annexation. The property was zoned AFR-2 and AFR-10 in Pitkin County. These are low-density residential zohes. STAFF COMMENTS: The City Planning Department is recommending the Public Zone District because it represents the best possible "fit" with the uses being considered in the Iselin Park Master Plan. The Public Zone DisU'ict allows for public recreational facilities and for. the provision of affordable housing on-site -- a use not allowed in the Park Zone. This memorandum does not include any recommendations regarding the Iselin Park Master Plan. At the request of City Council, representatives of the City Parks and Recreation Departments will present a conceptual development plan to the Council during the second reading. Review criteria and Staff Findings have been included as Exhibit A. A copy of the Public Zone District requirements has been provided as Exhibit B. A vicinity map has been included as EXhibit C. RECOMMENDATION: 'Staff recommends City Council adopt this Ordinance upon 1~ reading, rezoning Iselin and Rotary Parks to the Public (PUB) Zone District, with no conditions. RECOMMENDED ~3/IOTION: "I move to adopt Ordinance ~.~_, Series of 1999, upon 1~ reading." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Public (PUB) Zone District provisions Exhibit C -- Vicinity Map ' ORDINANCE N0. '~ (SERIES OF 1999) AN ORDINANCE OFTHE CITY COUNCIL, OF THE CITY OF ASPEN, COLORADO, TO REZONE ISELFN ASrD ROTARX/ PM{KS TO THE PUBLIC (PUB) ZONE DISTRICT. WHEREAS, a parcel of land located west of thepubllc school campus on Maroon Creek Road~ commonly referred to as "Iselin and Rotary Parks," theproperty, was annexed into the City of Aspen on January 11, 1999, pursuant to Ordinance No.:53, Series of 1998; and, WHEREAS, the property is appro, ximately 21.269.4. acres, parcel number 2735-142- 00-85 I, and is legally described in Attachment A of this Ordinance; and, WHEREAS, the City Council of the City of Aspen must designate a zone district for the property within 90 days of the annexation; and, WHEREAS, the City Council may approve Amendments to the Official Zone District Map (Rezoning) after taking and considering recommendations from the Community Development Director, the Planning and Zoning Commission made at a duly noticed public hearing, and taking and considering public testimony at a duly noticed public hearing in conformance with the review criteria set forth in Section 26.92; and, · WHEREAS, the Community Development Department analyzed the parcel of Iand and recommended the property. be included in the Public (PUB) Zone District; and, WHEREAS, during a duly noticed public hearing on March 2, 1999, the Planning and Zoning Commission took and considered public testimony and recommended, by a to vote, City Council include this property in the Public (PUB) Zone District; and, WHEREAS, City Council reviewed and considered the recommendations of the:' Community Development Director and the Planning and ZOning Commiision during a duly noticed public hearing; and, WHEREAS, the City Council finds that the Public (PUB) Zone District is the most appropriate zoning classification for this property, meets or exceeds all applicable standards, and is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the 'promotion of public health, safety, and welfare. NOW, TI-IEREFOHE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: The Official Zone District Map of the City of Aspen shall be amended by the Community Development Director to reflect Iselin and Rotary Parks, as described in Attachment A, as included in the Public (PUB) Zone District. The Community Development Director shall use the annexation plat as the basis for determining this zoning boundary. Section 2: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances Ordinance No. , Series of 1999. Page 1 repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion' of' this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: That the City, 'Clerk is directed, upon the adoption of this Ordinance, to record among the real estate records of the Pilltin County Clerk and Recorder a copy of this Ordinance. Section 5: A public hearing on the Ordinance shall be held on the 22nd day of March, 1999, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. LNTRODUCED, READ AND ORDERED PUBLISI-IED as provided by law, by the City Council of the City of Aspen on the 8th day of March, 1999. Attest: Kathryn S. Koch, City Clerk John Bennett, Mayor FINALLY, adopted, passed and approved this day of ,1999. Attest: Kathryn S. Koch, City Clerk John Bennett, Mayor Approved as to form: City Attorney Attachment A -- Legal description of property Ordinance No. __, Series of 1999. Page 2 SECTION 14 ALL rN TIOS, R85W OF THE 6'/1.t P.M., COUNTY OF PIIXIN, STA3~ OF COLORADO, DE:SC$~tBED AS FOLLOWS: BEC4NNING AT THE S1/4 CORNER OF SAID SECTION II, THENCE S39*SI'O0"W, 1061.60 FEET ALONG THE SOUTHE:.(STERLY UNE OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED tN BOOK 119 AT PAGE 40 OF THE RECORDS OF PITI(IN CO~INTY, COLORADO; THENCE N42*35'OO"W, 372.00 FEET ALONG THE SOUTHWESTERLY LINE OF THAT TRACT OF LANO AS DESCRIBED IN SAID BOOK 119 AT PAGE 40; THENCE N90*OO'OO°W, 178.75 FEET ALONG THE SOUTH UNE OF THAT TRACT OF LANO AS DESCRIBED IN SAID BOOK JIg AT PA(Z 40 TO THE APPROXIMATE UNE OF MAROGN CREEK; THE FOLLOWING F1VI~ (5) COURSES AND DISTANCES ARE ALONG THE APPROXIMATE CENTERLINE OF SAIO MAROON CREEK; N31°O8'20"W, 51.37 FEET; N07*29'45°E, 167.28 FEET; NI8"'Si*2t"E, 86.99 FEET; NI5°02*28"E, 188.91 FEET; NIO"OI'O3"W, 71,lg ~.r..l:./TO THE SOUTH UNE OF THE SWI/4 OF SAID SECTION II; THENCE, LEAVING '11-{E APPROXIMATE CENTERLINE OF SAiD MAROON C~EE]<, S69*4.8*20"E, 26.91 FEET ALONG THE SOUTH LINE OF THE SWI/4 OF SAID SECTION Jl AND THE SOUTHERLY rJNE OF MAROON CREEK CLUB SUBDivisiON (SOUTH) AN ANNEXA'llON MAP RECORDED IN BOOK 4.1 AT PAGE 76 IN THE RECORDS OF PI'IXIN COUNTY, COLORADO;, THENCE NOO°I4'51"W, 20L82 FEET ALONG THE EAS'TF. RLY UNE OF SAID MAROON CREEK CLUB SUBDIVISION (SOUTH) ANNEXATION; THENCE N33'01'14"~ 28L07 FEET ALONG THE EASTERLY UNE OF SAID MAROON CREEK CLUB SUBDIVISION (SOUTH) ANNEXAilON; THENCE NO2°I6'OB"W, 264.36 ~-~-~i ALONG THE EASTERLY LINE OF SAID MAROON CREEK CLUB SUBDIVISION (SOUTH) ANNEXATION TO THE NORTHEASTERLY UNE OF THAT 'TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN BOOK 789 AT PAG~ 214 OF THE RECORDS OF R'T)(IN COUNTY, COLORADO; THENCE S56'32'30° Eo 605.85 FEET ALONG THE NORTHEASTERLY UNE OF THAT' TRACT OF LANO AS DESCRIBED IN SAID BOOK 789 AT PAGE 2~4 TO THE NORTH- WEST CORNER OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN BOOK 34~ AT PAGE 127 OF THE RECORDS OF PI"R<IN COUNTY, COLORADO;, THENCE S56°32'20"E, 1.4-4.15 FEET ALONG THE NORTHEASTERLY UNE OF THAT TRACT OF LAND AS DESCRIBED IN BOOK 344 AT PAGE 127 TO THE NORTHWEST CORNER OF THAT '/~ACT OF LAND AS. DESCRIBED IN DEED RECORDED IN BOOK 246 AT PAGE 962 OF THE RECORDS OF PI'IXIN COUNTY, COLORADO; ION THENCE SOUTHEASTISRLY, 129.76 FE.ET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST AND ALONG THE NORTHEASTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 246 AT PAGE 962, SAID ARC HAVING A RADIUS OF 700.00 FETo A OISNTRAL ANC4Z OF I0',T7'14", AND B~NG SUBTENDED BY A CHORD THAT BEARS S61"12'27"E, 129.57 FEET; THENCE S89*48'20"E, 50.85 FEET ALONG THE NORTHEASTERLY IJNE OF THAT 'TRACT OF LAND AS DESCRIBED IN SAID BOOK 246 AT PAGE 962 TO THE NORTHEAST CORNER THEREOF; THENCE S~*22'40°W, 41.23 FEET ALONG THE EASTERLY UNE OF THAT 'TRACT TRACT OF LAND AS DESCRIBED IN SAID BOOK 246 AT PAGE 962; TI-iENCE SIlei2'40"V/, 191.00 FEET ALONG THE EASTERLY UNE OF THAT TRACT OF LAND AS OESCRIBED IN BOOK 24~ AT PAGE 962; TO THt~ SOUTH UN6 OF THE SWI/4- OF SAID SECTION THENCE B89°48'20"E 130.00 FEET ALONG THE SOUTH LINE OF THE SWI/4 OF SAID SEC710N II TO THE pOINT OF BEGINNING. EXHIBIT A STAFF COMMENTS: Iselin Rezoning Section 26. 92.020, Standards Applicable to Rezoning In reviewing an amendment to the offlcial zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: The proposed zoning is consistent with the Land Use Code and does not represent any potential conflicts. The Public zoning requires all development on the site to proceed through the PUD process in order to determine the appropriate dimensional requirements, parking, general impacts, and intensity of uses. Therefore, before an development occurs, the Planning and Zoning Commission and Council will have the opportunity to review the proposal under a PUD process. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: The 1993 AACP identifies the 'Iselin and Rotary Park parcel with the following suggested action: Expand [selin Park/or organized recreational activities, and incorporate the Rotary Club proposal for a pass ire park and semi-active par&: The Public Zone District is appropriate for these types of proposed uses. This zone also allows for the provision of affordable housing as a conditional use, which may be a desirable element of the final program. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood Characteristics. Staff Finding: Surrounding the site is the public school camptis, medium-density residential, and Maroon Creek. There is aproposed bridge linking the parks with the base area of Tiehack. The Public Zone allows for uses compatible with the surrounding area. The subsequent PUD process will determine the intensity of those uses allowed and any m itigation measures to offset adverse impacts to the surrounding area. D. The effect of the proposed amendment on traffic generation and read safety. Staff Finding: The Public Zone District allows for affordable housing as well as uses similar to those allowed in the Park Zone District. The level of development and its level of traffic generation and impacts on road safety will be evaluated through the PUD process. Traffic, transit, pedestrian facilities, and overall road safety have been issues raised by the Commission in work sessions with the Parks Depmtt~xent. These issues will remain important elements in the planning process. The Staff Comments 1 existing and potential level of traffic in the area must combine with the high level of existing and potential pedestrian movements in a safe manner, especially considering the age of the pedestrians and peaks in level of activity. The difference between the Public and Park Zone Districts would have no bearing on this transportation issue - both allow the same uses and intensities, and both are reviewed through the PUD process. Transportation issues, the acceptable level of trip generation, and the most appropriate and safe design will be determined and required through the PUD process. The project team includes a traffic consultant who will address transportation in detail. The development program for the parcot is in the conceptual stages. The applicant realizes that safe transportation is a primary design parameter and has made specific accommodations in designing the site. This zoning does not allow development as of right to occur without full review as a PUD, and the Parks Department has been very cooperative_ in accommodating the concerns of staff and the Commission in programming the site. Staff believes the Public Zone District is the most appropriate for this parcel and that the PUD process requirement allows for Sufficient review of the final proposal. E. Whether and the extent to which the proposed amendment would result. in demands on public facilities, and whdther and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, ~xansportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding: The zone district designation will not, itself, have an effect on the provision of public facilities. Again, this topic is a criterion of PUD and of GMQS. Applicants are required to provide letters of intent for services which the development affects, and upgrades to the system or other appropriate mitigation measures are typically required if found to be necessary. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: The natural features of the site are being considered with the master planning effort. The river corridor, recreational connections, transit, and use schedules With the surrounding parcels are all being considered to reduce the level of impact the development may have on the natural environment. The Public zoning designation will not adversely affect the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: The Parks Department has been working With the surrounding property owners to achieve a reasonable compatibility with the neighborhood. This process will continue. Staff believes the master planning effort is consistent with the AACP and that the Public zoning is compatible with the City Character. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which supp0r~ the proposed amendment. Staff Comments 2 Staff Finding: Annexation of the property into the City of Aspen is a condition which requires this process. The Public Zone District allows for the current use of the property and allows for the uses being considered in the master planning effort. L Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent Of this title. Staff Finding: This proposed Public Zone District does not pose any conflicts with the public interest. The AACP specifically reflects a community desire for increased recreational facilities at this location, and the flexibility to accommodate .employee housing on-site for those additional jobs created by the development represents good land use planning and should be encouraged. Staff believes this zone district will promote the purpose and intent of this Title and will be in harmony with the public interest. Staff Comments 3 EXHIBIT B 26.18.250 Public (PUB). A. Purpose. The purpose of the Public (PUB) zone district is to provide for the development of governmental and quasi-governmental facilities for cultural, educational, civic and other governmental purposes. B. Permitted uses. The following uses are permitted as of right in the Public (PUB) zone district. I. Library; 2. Museum; : 3. Post office; 4. Hospital; 5. Essential governmental and public utility uses, facilities, services and buildings (excluding maintenance shops); 6. Public transportation stop; 7. Terminal building, and transportation related facilities; 8. Public surface and underground parking areas; 9. Fire station; 10. Public school; 11. Public park; 12. Arts, cultural and recreational activities, buildings and uses; and 13. Accessory buildings and uses. C. Conditional uses. The following uses are permitted as conditional uses in the Public (PUB) zone district, subject to the standards and procedures established in Chapter 26.60. 1. Maintenance shop; and 2. Affordable housing. D. Dimensional requirements. The dimensional requirements which shall apply to all permitted and conditional uses in the Public (PUB) zone district shall be set by the adoption of a ' conceptual development plan and final development plan, pursuant to Chapter 26.84, Planned Unit Development. E. Off-street parking requirement. The following off-street parking spaces shall be provided for each use in the Public (PUB) zone d~strict, subject to the provisions of Chapter 26.32. 1. Lodge uses: N/A 2. Residential uses: Requires special review pursuant to Chapter 26.64. 3. All other uses: Requires special review pursuant to Chapter 26.64. MEMORANDUM TO: Mayor and City Council Julie Ann Woods Community Development Director~ "~ ' Mitch Haas, Int~;i;a Deputy Dir tor · FROM: Christopher Bendon, Planner ~ RE: Porath Water Service Agreement Amendment DATE: March 8, 1999 Ordinance No. 27, Series of 1998, provided municipal water service to property owners along North Spruce Street. The language in the Ordinance required the Porath Family Trust parcel to annex into the City of Aspen prior to any development. The reasoning behind this provision was to ensure the development would be in conformance With the City' s R-30 Zone District requirements and the provisions of 8040 Greenline Review and the Residential Design Standards. The Porath Family Trust parcel has been reviewed and approved for all land use required in Pitkin County. The Pitkin County review established a building envelope and set forth specific requirements regarding Wildfire and Wildlife. In addition, the owners have agreed to develop the property in conformante With the City' s development standards including additional provisions recommended by the City, Planning Department regarding revegetation, building materials, and outdoor lighting. It is important to point out that the Pitkin County zoning for the parcel would allow for a house of up to 15,000 square feet in size - completely overscaled for the size of the property and the delicate mountainside environment. This property does not represent land of immediate importance for annexation. Furthermore, the land owner has agreed to develop the property in a preferred manner and the house size has been reduced to approximately 4,141 square feet. This represents a development 1,000 square feet below the maximum allowed with the City's R-30 zoning and far below that allowed under County zoning. City staff believes all the concerns over the development of this parcel can be adequately addressed Without requiring the property be annexed into the City. The discretion to annex the property, if and when the City does want the property within City limits, is preserved with this revised Ordinance. Staff recommends City Council adopt this Ordinance upon first reading and schedule the public hearing for March :12, 1999. 1 · MAIN ISSUES: Ordinance 27, Series of 1998, provided water service to several properties along North Spruce Street including this Porath property. Nonally with water service extensions, the property owner agrees to not contest annexation if the City decides to include the property in the City limits. In this instance, the City required the property to be included in the City prior to any development to ensure City development standards would be followed. The primary reason for this was to lessen the development potential of the property from the allowed 15,000 square feet of FAR allowed under Pitkin County zoning and control specific development practices to preserve the visual resource of the mountain. The City has no immediate intentions to annex the parcel and the applicant is willing to develop the property according to City standards. The applicant is proposing a one story house significantly smaller than could be achieved even with City zoning. And, the applicant has agreed to all recommended conditions with regards to the City's 8040 and Ordinance 30 reviews. City Planning staff is confident that the manner in which development is proposed is in conformance with City zoning and land use policy. APPLICANT: Porath Family Trust. Represented by Brooke Peterson. LOCATION: North Spruce Street (no address). (See attached site map.) ZONING: Pitkin County Zoning: AFR-10 Proposed City Zoning: R-30 FAR: Allowable- 15,000 s.f., pursuant to county zoning. Approximately 5,142 s.f. pursuant to City R-30 zoning. Proposed- 4,141 s.f. PREVIOUS ACTION: City Council adopted Ordinance 27, Series of 1998, on July 13, 1998. The Ordinance amended the North Spruce Street Water Service Agreement by adding the Porath property. A copy of this Ordinance is attached. STAFF COMMENTS: Requiring the property to be annexed into the City and rezoning the property to the R- 30 Zone District would obviously ensure the property was developed according to City development standards. This process would require annexation, rezoning, an 8040 Greenline Review, and Residential Design Standards.review. 2 The City Planning Department believes the same: development constraints can be established without requiring the property to be within City limits. The applicant has agreed to develop using City standards and incorporating the City's concems by limiting reflective materials, cut and fill, and outdoor lighting. The process of amending the Water Service Ordinance is a far simpler process which achieves the same result as annexation. RECOMMENDATION: Staff recommends City Council adopt this ordinance upon first reading with the following conditions: 1. The Porath Family Tin.st property shall be developed in conformance with the City of Aspen's R- 30 Zone District regulations. The City'of Aspen Zoning Officer shall review the building plans for compliance with allowable floor area aspects of the City's R-30 Zone District, using the same inclusions and exclusions for Lot Area and Floor Area, as defined in the City of Aspen Land Use Code, ipplicable to all lands in the City, except as provided for heroin. 2. The architectural development plans submitted to the City PIning Department, dated February 24, 1999, shall not require a variance from the City's Residential Design Standards. Amendments to the architectural plans are subject to all aspects of the City of Aspen Residential Design Standards, us amended. 3. Highly reflective materials shall not be used on the exterior of the structure, including the roof. 4. Any disturbance to the natural terrain and areas of cut and fill shall be revegetated after construction with native species. Any areas too steep for adequate revegetation shall incorporate retaining walls which are of similar color to the natural soils and vegetation to visually blend into the mOuntainside. 5. The existing vegetation outside the designated building envelope shall be presexwed and maintained in its natural state to the extent practical. Disturbance associated with, and incidental to, pedestrian and vehicular access to the property is approved. 6. Exterior lighting shall be down-directional, sharp cut-off, and in no case shall outdoor flood lights be used. 7. The Porath Family Trust is encouraged to either apply for and construct an Accessory Dwelling Unit (ADU) on the property at this time or leave enough available floor area for the future construction of an ADU. 8. All aspects of the Pitkin County 1041 Review, us amended, shall remain in effect and shall be reviewed for compliance by the Pitkin County Community Development Department. RECOMMENDED MOTION: "I move to adopt Ordinance ~L , Series of 1999, upon first reading." ATTACHMENTS: Exhibit A -- Ordinance 27, Series of 1998. Exl'dbit B -- Porath Property Site map. 3 ORDINANCE N0. L~ (SERIES OF 1999) AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ASPEN, COLORADO, A~MENDING AN EXISTING AGREEMENT WITH THE PORATH FANHLY TRUST FOR PROVISION OF TREATED WATER SERVICE. WI-IEREAS, Ordinance'No. 27, Series of 1998, (the Ordinance) provided treated Water service to properties located in Pitkin County along North Spruce Street including a parcel of land owned by the Porath Family Trust; and, WF[EREAS, the Ordinance eonditi0ned the provision of water upon submission and approval of the Porath Family Trust development plans pursuant to the City of Aspen 8040 Greenline Review and Residential Design Standards; and, WHEREAS, the Ordinance further conditioned any development of the Porath family Trust parcel upon annexatior~ into the City of Aspen for the purpose of ensuring the development would be compatible with the development standards of the City's Low Density Residential CR-30) Zone District; and, WHEREAS, the Porath Family Trust has agreed to develop their property in conformante with the City's R-30 Zone District, as specified in the conditions contained herein, and has agreed to not contest annexation if and when the City of Aspen initiates the annexation of their property; and, W'I-IEREAS, the Community Development Department analyzed the parcel of land and recommended the conditions of approval contained herein to ensure conformance with City development standards and compliance with the land use code provisions of 8040 Greenline Review and Residential Design Standards; and, WHEREAS, the City Council finds that the spirit and inte'nt of Ordinance 27, Series of 1998, is furthered by the adoption of this Ordinance and that the extension of treated water to the Porath Family Trust property is in the best interests of the City; and, Vfiq2EREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Ordinance 27, Series of 1998, is hereby amended to allow the Porath Family Trust parcel to be developed and served with municipal water while located in Pitkin County with the following conditions: 1. The Porath Family Trust property shall be developed in conformante with the City of Aspen's R-30 Zone District regulations. The City of Aspen Zoning Officer shall review the building plans for compliance with allowable floor area aspects of the City's R-30 Zone District, using the same inclusions and exclusions for Lot Area and Ordinance No. __, Series of 1999. Page I Floor Area, as defined in the City of Aspen Land Use Code, applicable to all lands in · the City, except as provided for herein. 2. The architectural development plans submitted to the City Planning Department, dated February 24, 1999, shall not require a variance from the City's Residential Design Standards. Amendments to the architectural plans arefiubject to all aspects of the City of Aspen Residential Design Standards, as mended. .3. Highly reflective materials shall not be used on the exterior of the structure, including the roof. 4. Any distuZcbance to the natural terrain and areas of cut and fill shall be revegetated after construction with native species. Any areas too steep for adequate revegetation shall incorporate retaining walls which are 0fsimilar color to the natural soils and vegetation to visually blend into the mountainside. 5. The existing vegetation outside the designated building envelope. shall be preserved and maintained in its natural state to the extent practical. Disturbance associated with, and incidental to, pedestrian and vehicular access to the property is approved. 6. Exterior lighting shall be down-directional, sharp cut-off, and in no case shall outdoor flood lights be used. 7. The Porath Family Trust is encouraged to either apply for and construct an Accessory Dwelling Unit (ADU) on the property at this time or leave enough available floor area for the future construction of an ADU. 8. All aspects of the Pitkin County 1041 Review, as mended, shall remain in effect and shall be reviewed for compliance by the Pitkin County Community Development Department. SeCtion 2: Except as specifically amended herein, all aspects of Ordinance 27, Series of 1998, shall remain in effect. Section 3: The City of Aspen may initiate annexation of the Porath Family Trust pamel at it own discretion and the Porath Family Trust hereby agrees to not contest annexation if the City of Aspen initiates annexation. Section 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any mason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Ordinance No. ., Series of 1999. Page 2 Section 6: That the City Clerk is directed, upon the adoption of this Ordinance, to record among the real estate records of the Pitkin County Clerk and Recorder a copy of this Ordinance. Section 7: A public hearing on the Ordinance shall be held on the 22rid day of March, 1999, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, ~een (I5) days prior to which heating a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISRED as provided by law, by the City Council of the City of Aspen on the 8th day of March, 1999. Attest: Kathryn S. Koch, City Clerk John Bennett, Mayor FINALLY, adopted, passed and approved this day of ,1999. Attest: ' Kathryn S. Koch, City Clerk John Bennett, Mayor Approved as to form: City Attorney Ordinance No. , Series of 1999. Page 3 .. Series of 1998 AN ORD]~IANCE OF ~ ~ CO~C~ OF T~ ~Y OF ASPEN, COLO~O, CO~C~G A ~G~ DES~ON ~ ~G ~N ~S~G AG~ W~ DR. ~C~ C. P~ .~ .~S. ~O~ N. AUGER, ~ ~-~E~T G. ~O~ ~ DOrA ~. ~O~ FOR PRO~ION OF ~A~ WA~R SER~ TO SER~ ~N ~D~ON~ PROPERTY LOCA~D ON NOR~ SPRUCE ST~T. W~AS, ~ Ci~ Council h~ approved ordin~c~ No. 41, Se~s of 1997, which provides for extension of water se~ic~ to a private water sysmm to s~e ~e prope~es on No~ Spruce S~t o~ed by ~. ~ch~d C. Ph~Hps, ~Bond N. Auger, ~ben G. Ti~o~ md Donna M. T~o~ ("Ownera" ~d for ~e poten~ ~on of o~r lob which ~e m~n w~ desired to sere; ~d W~AS, one of ~e Owners, Ra~ond N. Auger, h~ advised ~e Ci~ ~at ~e leg~ desc~p~on of ~s m~ prope~ in ~e o~n~ water se~ice a~eement should be revised to include a more rec~nt desc~p~on ~ereof; md ~AS, Ownera have requested ~ ~eir e~s~ng water semite a~eement ~. ~ended to include one addl~on~ lot to be connected to ~e p~vat~ water system; ~d ~AS, ~e Pom~ F~ly Trust h~ joined wi~ Own~m in ~ application to ~end ~e age~m~nt to include im lot, which c~ b~ se~ed by ~e No~ Spmc~ S~eet private water system; ~d ~AS, ~l of ~ prope~es to be se~ed by ~e private water system ~ presen~y located in Pi~n Count, ~d not wi~in ~ Ci~ li~m of ~e Ci~ of Aspen; ~d WHEREAS, the Porath Family Tru~,hhas accepted provision of water service as conditioned upon submission and approval under the City's 8040 greenline and Ordinance No. 30 reviews, and will complete annexation and rezoning to R-30 prior to development; and WHEREAS, Section 25.12.020 of the Aspen Municipal Code provides that any extension of City water service outside the corporate limits of the City of Aspen shall be made pursuant to an agreement with the City and in accordance with the City of Aspen water.main extension policy and,. further, that the City may grant water service only upon a determination that no conflict exists between the best interests of the City and the prospective water use, and that the City may impose such contract, water ri=,,hts dedication and bond requirements as it deems necessary to safeguard the best interests ofth~ City; and WHEREAS, the City Counc~ has adopted by Resolution No. 5; Series of 1993, as mended, policies to ~uide municipal water system development and services beyond the City limits; and WHEREAS, said policies 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 W'H~REAS, the City Council has had an opportunity to review with City staff the proposed Correction to Property Description concerning the Raymond N. Auger parcel and the amendment to the existing NOrth Spruce Street Water Service Agreement tO add the Porath propertyf NOW, THEREFORE, BE 1T OR.DAETED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT Section I. The City Council of the City of Aspen hereby determines that the Correction' to Property Description to the North Spruce Street Water Service Agreement be approved in the form attached hereto as Exhibit A and incorporated herein by reference. ~ Section 2. The City Council's agreement to provide water service to the Porath property 'is conditioned upon submission and approval under the City's 8040 greenline and Ordinanc No. 30 development. Section 3. The City Council further determines that the proposed provision of additional City water to the North Spruce Street private water system to serve Porath's property located on North Spruce Street outside the City limits of the City of Aspen is in the best interests of the City and substantially complies with the City of Aspen water policy for extraterritorial services, as set forrih in Resolution No. 5, Series Of 1993, as amended, and therefor~ agrees to extend City water service to Porath's residential lot to be connected to the private water system located on North Spruce Sireet in PitIda County, on the terms and conditions set forth in the Amendment to City of Aspen Water Service Agreement and Protapping Agreement a~tached hereto as Exhibit B and incorporated heroin by reference. Section 4. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of ordinances repealed or amended as heroin provided, and the same shall be construed and concluded under such prior ordinances. Section 5. If any section, subsection,'sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity, of the remaining portions thereof. Section 6. A pnblic hearing on the ordinance shall be held on the c~ V-f~_ day o~ .199~_, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the Z,L day of~~ ,199~ John ~ennett, Mayor Attest: Exhi bit 1~ Porath WSA North Spuce Sb'eet Hunter Creek Porath Property l William Ranch ~ ~vers & Ponds ~Parks & Open Space ~ Parcels s Porath Property .oo o ~o F~ Site Map City Ranning Department V! TO: Mayor and Council ~/ THRU: Arny Margerum, City Manager THRU: John Worcester, City Attorney ~ FROM: Lee Cassin, City Environmental Health Director ~ ~ C~ DATE: March 2, 1999 RE: Proposed Minor Revisions to City Fireplace Ordinance SUMMARY: Them are two areas of proposed changes to the City of Aspen timplace ordinance. The ~irst allows decorative, non-functional antique stoves in a house without being subject to the limit of two woodstoves or gas log fireplaces per building. The second set of changes is intended to simplify the wording of the ordinance to make it easy to understand. PREVIOUS COUNCIL ACTION: The City of Aspen fireplace ordinance has not been revised since the late 1980's. BACKGROUND: From staffs point of view, this ordinance has been very easy to enforce. However, recently a citizen approached staff with a request to allow him to install three devices in his home, instead of the two that were allowed. However, one of the three was an antique stove that had been in the family for many years. The owner proposes to have it in the house as a decorative device, without a flue. Staff believes the law should be changed to allow this. DISCUSSION: When the city first regulated woodburning devices over ten years ago, due to concerns about health effects of woodsmoke, there was some opposition to the regulation, and ' significant feeling that some people would attempt to "get around" the regulation. Council was told at that time that there was no way to make a woodstove or fireplace "inoperable", that doors welded shut could later be rernoved, flues could easily be added, and so on. In the past 20+ years of enforcement of the city and county woodburning regulations, there has been a handful of people who have had to remove a device installed illegally. There has also been a handful who have been told that they could not claim that a device they wanted to install "would not be used" or could be made inoperable, since future owners could modify and use the device. However, the City's woodburning regulations have actually reduced the numbers of woodstoves and fireplaces, as people have convened to cleaner-burning devices or remodeled their houses and removed them. (This was the original intention of the law.) In a given year, virtually all of Page the devices installed in the City are gas log fireplaces: woodstoves are almost never installed. It seems likely that this proposed change would not result in a significant enforcement issue. A woodstove without a flue obviously would not produce any air pollution unless someone illegally installed a flue. While this might happen with a future owner unaware of the prohibition, it is staff's opinion that it would be an extremely rare event. Staff feels it would be so rare that it does not justify restricting a homeowner' s ability to have a decorative antique stove. Staff feels that the regnlation's credibility would be improved by allowing this change. The other changes are not substantive, but make the regulation easier to understand. We have removed unheeded definitions and simplified the sections. FINANCIAL IMPLICATIONS: This change will have no effect on the city's budget. It will not pose a financial cost to individuals. RECOMMENDATION: Staff recommends Council adopt this ordinance on first reading. ALTERNATIVES: The law could be left as it is. PROPOSED MOTION: "I move to approve Ordinance # ~ Series of 1999 allowing installation of inoperable decorative antique woodstoves, and simplifying language in the existing woodburning ordinance." CITY MANAGER COMMENTS: Page 2 Proposed changes to Chapter 13.08 - Air Quality 13.08.020 Def'mitions. (a) Board. shall mean the City of Aspen Clean Air Advisory Beard. (b) Building shall mo3n any structure used or intended for supporting or sheltering any uc~ or occupancy including but not neccccarily limited to, boardinghouses, bcd and brc, akf3ctc, attached .~nd dot:~chod dwellings, group homcc, hotets, Iodgcc, motels, officc buildings, commercial or rotnil buildingc, public buildings, roominghouses, rccroation clubs, resident occupied unite, and rectaurantc (-~c those structures are doffnod in thc Land Uco Rcgulntionc at Title 26 of thic Code). be) Charbroiler shall mean a cooking device ina commercial food service establishment, either gas fired or using charcoal or other fuel, upon which grease drips down upon an open flame, charcoal or embers, (.G~) Commission shall mean the Colorado Air Quality Control Commission. . ~e) Decorative gas appliance shall mean a device utilizing natural gas as a fuel designed to appear as a real fireplace with a 4 to 5 inch Class B vent, fixed glass doors, and a fire box no deeper than 24 inches. (f~ Departmcnt ~hall mean the Aspon/Pitkin Environmcntal Health Department. (g) Department certified device shall mean ', Cotorndo Phase I11 certified device, a Phase II EtPA oortfficd device, or a gns log fireplace. (h) Dircctor shall moan the director of the Acpon/Pitkin EEnvironmontal Honlth Department. (i) Division shall mean the Colorado Department of Health, Air P-ektatieB.Control Division. (e_.j) Food Service establishment shall have the same meaning as the definition for the .term in Section 12-44-202 of the Colorado Revised Statutes, as amended. (k) Gas log fircplacc shall mcnn a fireplace docignod and conctructod to bc serviced by nnturnl gas, contraining an approvod gac log set, and not designed or intended for the combustion of any -.,olid fuel, including wood. (fi) High-fat-content meat shall mean any meat and/or the meat portion of any meat product having a precooked fat percentage equal to or greater than fifteen (15) percent by weight according to established laboratory testing procedures as determined by the department, such meat and/or meat products including, without limitation, hamburger, chopped beef, ground beef, beef sausage, beef ribs, pork sausage; pork .ribs and sausage made from any form of meat or combinations of meats. (m) Phase III certified device ~Jnall mean nny wood burning device that meet.-. the most stringent ctnndGrds adopted by the Commission pursuant tO Section 25 7 106.3, C.R.S. (n) Phase II EPA certified device chall moan an airtight wood burning stove certified by the ERA to h3vc low PM10 omissions evidenced by a certificate bbcl .~ffixcd.to the device by the manufncturcr. (o) Solid fucl burning device shall mean a burning device designed forcelid fuel combustion co that u~.ablc heat ic dedvcd for the interior of a building, .~nd includes, without limitation, cotid fuel fired stoves, wood stoves or any nature, firspinets, pellet stoves, solid fuel fired cooking stoves, combination fuel furnaces or boilers which burn solid fuel, or any other device ucod for the burning of solid combustible mntcrial. Solid fucl burning devices do not include gas log fireplaces, decorative gac applbnccc or electrical appliances. 13.08.070 Solid fucl burning dcviccsFirenlaces and Woodstoves. (a) No person shall repair, alter, move, install, or re-install a solid fuel burning device or gas log fireplace without have first obtained a building permit in accordance with Title 8 of this Code. (b) No person shall replace a solid fuel buming device which is substantially destroyed, demolished, or in need of replacement with another solid fuel buming device, unless the replacement is a Department certified device. Solid fuel burning devices lawfully existing. and installed as of the date of enactment of this ordinance may be repaired to the extent that such repair, in the reasonable judgment of the chief building inspector, is necessary to prevent the existence of an unsafe condition, and that such repair will not affect the fire box. (c) No person shall install a solid fuel buming device in any building unless it is a Department certified device: (d) No person shall install more than two (2) Department certified devices in any single building: (e) Each new solid fuel burning device, gas log fireplace or gas appliance shall be registered with the Department upon installation and prior to final approval of such installation by the Department. Such registration shall be obtained by submission of the stove and fireplace registration form provided by the Department and upon payment of the fee prescribed by Section 2.12,050(f) of this Code. (f) Notwithstanding any provision of this section to the contrary, any pre-existing wood burning fireplace which is destroyed or demolished by an act of God or through any manner not willfully accomplished by the owner may be restored as of right with ~. gas log fireplace; provided, however, that a building permit for reconstruction shall be issued within twelve (12) months of the date of the demolition or destruction : 13.08.080 Coal Burning Prohibition. No person shall bum coal in a solid fuel buming device. 13~08.090 Non-Owner Occupied Dwelling units. No property owner shall rent a building if a solid fuel burning device fireplace or woodstove is the sole sourc~ of heat. Property owners, and not tenants, shall be liable for any penalty imposed for a violation of this section. ORDINANCE NO. C~ Series of 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 13.08 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY ANIENDING SECTIONS 13.08.020 - DEFINITIONS, 13.08,070 - SOI,]D FUEL BURNING DEVICES, SECTION 13.08.080 - COAL BURNING PROHIBITION, AND SECTION 13.08,090, NON-OVv'NER OCCUPIFD DW~.I J .ING UN1TS. WHEREAS, the City Council desires to amend Chapter 13.08 of the Aspen MUnicipal Code r~lating to Air Quality. NOW, THEREFORE, BE 1T ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That Section i3.08.020 of the Municipal Code of the City Of Aspen, Colorado, is hereby amended to read as follows: 13.08.020 Definitions. (a) Board shall mean the City of Aspen Clean Air Advisory Board. (b) Charbroiler shall mean a cooking device in a commercial food Service . establishment~ either gas fired or using charcoal or other fuel, upon winch grease drips down upon an open flame, charcoal or embers. (c) Commission shall mean the Colorado Air Quality Control Commission. (d) Decorative gas appliance shall mean a device utilizing natural gas as a fuel designed to appear as a real fireplace with a 4 to 5 inch Class B vent, fixed glass doors, and a fire box no deeper than 24 inches. (e) Food Service establishment shall have the same meaning as the definition for the term in Section 12-44-202 of the Colorado Revised Statutes, as amended. (f) High-fat-content meat shall mean any meat and/or the meat portion of any meat product having a precooked fat percentage equal to or greater than fifteen (15) percent by weight according to established laboratory testing procedures as determined by the department, such meat and/or meat products including, without limitation, hamburger, chopped beef, ground beef, beef sausage, beef ribs, pork sausage, pork ribs and sausage made from any form of meat or combinations of meats. Section 2. That SeCtion 13.08.070 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 13.08.070 Fireplaces and Woodstoves. (a) No person shall repair, alter, move, install, or re-install a solid fuel burning device or gas log fireplace without have first obtained a building permit in accordance with Title 8 of this Code. (b) No person shall replace a solid fuel burning device which is substantially destroyed, demolished, or in need of replacement with another solid fuel burning device, unless the replacement is a Department certified device: Solid fuel burning devices lawfully existing and installed as of the date of enactment of this ordinance maybe repaired to the extent that such repair, in the reasonable judgment of the chief building inspector, is necessary to prevent the existence of an unsafe condition, and that such repair will not affect the fire box. (c) No person shall install a solid fuel burning device in any building unless it is a Department certified device. (d) No person shall install more than two (2) Department certified devices in any single building. (e) Each new solid fuel burning device, gas 10g fireplace or gas appliance Shall be registered with the Department upon installation and prior to final approval of such installation by the Department. Such registration shall be obtained by submission of the stove and fireplace registration form provided by the Department and upon payment of the fee prescribed by Section 2.12.050(f) of this Code. (f) Notwithstanding any provision of this section to the contrary, any pre-existing wood burning fireplace which is destroyed 0r demolished by an act of God or through any manner not willfully accomplished by the owner may be restored as of right with a gas log fireplace; provided, however, that a building permit for reconstruction shall be issued within twelve (1.2) months of the date of the demolition or destruction Section 3. That Section 13.08.080 of the Municipal Code of the City Of Aspen, Colorado, is hereby amended to read as follows: 13.08.080 Coal Burning Prohibition. NO person shall burn coal in a solid fuel burning device. Section 4. That Section i3.08.090 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: 13.08.090 Non-Owner Occupied Dwelling units~ No property owner shall rent a building if a fireplace or woodstove is the sole soume of heat. Property. owners, and not tenants, shall be liable for any penalty imposed for a violation of this section. S.eCtion 5. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances mended as heroin provided, and the same shall be construed and concluded under such prior ordinances. Section 6. If any section, subsection, sentence, clause, phrase or potion of this ordinance is for any mason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions hereof. A public heating on the ordinance shall be held on the day of ,1999, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBI ,l,qI~r~ as provided by law by the City Council of the City of Aspen on the day of ,1999. John 5. Bennett, Mayor ATFEST: Kathryn S. Koch, City Clerk FINAl ~I ~y adopted; passed and approved this __ day of ,1999. John S. Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk JPW-03/02/99-G:\john\wot~ords'~-u~place.doc MEMORANDUM TO: Mayor Bennett Aspen City Council FROM: Steve Barwick/~ DATE: March 1, 1999 SUBJECT: Request for Y2K Funding SUMMARY: City staff is requesting supplements to the 1999 budget of up to $20~000 as the City' s portion Of a Y2K Community Coordinator and $10,000 for the cost of assessing potential Y2K problems in providing critical City services. The cost of the Y2K Community Coordinator position would be shared with Pitkin County and perhaps Other govemments and districts within Pitkin County. The primary duties of the Y2K Community Coordinator would be: o Public Y2K Education o Public Information on government and community preparedness o Community Contingency Planning BACKGROU~ND: City and County staff have been meeting regularly for several months on the Y2K problem. We are working hard to ensure that all critical City and county services can continue to be p~ovided after January 1, 2000. The majority of costs for this effort are being absorbed in existing operating budgets. However, the task of educating the public about the problem and possible ways to prepare for it represents a major workload that is not within the scope of current City services. Also, under a worst-case scenario, it is possible that much of the local and tourist populations could require emergency shelter. No plans exist for such a possibility. DISCUSSION:' Information and Education: City and County staff believe that the Y2K communication needs of the community require far more time than current staff has available. Staff is receiving dally information requests from citizens on subjects including the availability of food and utilities, law enforcement, travel, sanitation, and health care. Furthermore, the Y2K team believes that the local impact of the Y2K problem can be dramatically decreased through education oflocal residents and businesses. Allresidents should be aware of a few simple steps they can take to increase their preparedness. Local businesses need training on how to assess their equipment and buildings for Y2K compliance. Such education can help prevent and mitigate the severity of Y2K problems. We anticipate that these types of information and education efforts would be accomplished through newspaper articles, a web site, telephone contacts, meetings and training sessions. The bottom line is that many people expect their local government to be knowledgeable in all aspects of the Y2K problem and to act as the clearinghouse for all available information. Emergency Shelter: Unlike many other areas of the counttT, the Rocky Mountains do not generally suffer from natural disasters such as earthquakes or hurricanes that can affect a large geographic area. Therefore, the typical disaster plansting in this region is designed to deal with isolated incidences such as plane crashes or avalanches. The Y2K problem cotrid present the Roaring Fork valley with its first widespread event. If the valley' s electricity and/or natural gas supplies are cut off during the winter, a large number of residences and hotels may become uninhabitable. Under this scenario~ it is possible that tens of thousands Of residents and visitors will need some form of emergency shelter. Staffbelieves that creating a commtmity contingency plan for this scenario is. important. FINANCIAL IMPLICATIONS: The $20;000 figare listed as the City's cost for a Y2K Community Coordinator is expected to be a maximum amount. A similar request is being made to the Pitkin County BOCC for the other half of the total $40,000 cost. Contributions by the towins of Snowmass or Basalt, or any special districts would reduce the direct cost to the City of Aspen. It may also be possible to reduce the duties and cost of this position if the Emergency Management Coordinator is able to handle the creation of emergency shelters. However, since the Emergency Management Coordinator position has not yet been hired and the exact duties have not been set, it is prudent to have the Y2K COmmunity Coordinator begin this effort. For these reasons, the Y2K Community Coordinator's contract will be written to allow for reduction Or cancellation if desired. The total colt of $30,000 being requested can be shared by all City funds, thereby avoiding a large impact to any one fund. If appmved, the detailed allocation of these costs will be presented to. City Council as part of the next supplemental budget request. RECOMMENDATION: Staff recommends approval of up to $30,000 from various City funds to help prepare the Community for the Y2K problem and to mitigate the impacts on critical City services. shb-03/03/99--c:~msoffice\winword\Y2KMONY.DOC MEMORANDUM THRU: anager Steve Barwick, Assistant City Manager FROM: Tabatha Miller, Finance Director ~ SUBJECT: Request for early release of grant awards DATE: March 3, 1999 SUMMARY: Three nonprofit/arts groups have requested their 1999 grants early. Normally the grant checks are distributed by April 154 each year. We walt until April, in order to verify the first couple of months of sales tax revenue. If the city were to have a significant economic downturn, grant awards could be modified accordingly. At this time we do not foresee any significant decreases in revenue, although we do know December 1998 was down 2.2% from the previous December. Grass Roots Television has requested release of $6,000.00 in order to replace failing equipment. Grassroots will receive the remaining TCI pass-thrOugh franchise tax of $32,000 in April. Sarah Pletts Dance Theatre has requested release Of $4,850.00 to finish the documentary "The Phoenix Rises" in time for a July 44 screening in Monaco and St. Moritz. Aspen Dance Connection requested funds of $5,000.00 to meet financial obligations for their winter show "Flying High in Aspen" presented on February 124 and 134. FINANCIAL IMPLICATIONS: The only implication of releasing early is if the city has a dramatic economic downturn adjustments to the grants released would have to be done the following year. RECOMMENDATION: Staff recommends that Council approve releasing the grants early with the condition that any adjustments made would be applied to the next year's grant award. February 23, 1999 Ms. Tabatha Miller The City of Aspen 130 South Galena Aspen CO 81611 Dear Tabatha, I am writing to request that the City Of Aspen advance GrassRoots Television the one time $6000.00 equipment grant that was approved to be paid in April. We have several pieces of equipment that are failing and we need help immediately. Please let me know if this is possible A.S.A.P. Sincerely, Sean Sunkel Station Manager Sarah Pletts Dance'Theatre ~ Living Arts Foundation 17 Yate; Strict 410 North Mill St:'~et Biddefi~rd P~I, ME ~006 A5~n, Cobrado 81612 USM207-~2-2075 USA/970-92~TO 18 2 March 1999 Ms. Tabatha Miller Director of Financ~ City of Aspenl30 South C~al~na Street Aspen, CO 81611 On Tuesday, February 16th, we were i~vited to present in Monaco and St. Mo~tz this summer "THE PHOENIX RISET -a documentary film which has been granted funding by the City of Aspen. A cornmitt~ of European royalty and leadmhip is hosting ~vents on July 4th to celebrate Native American indigenous history regarding the forming of the United States. W~ still have a t~'em~ndous amount of work to do to polish lh¢ rough cut and secure all rights and releases fi'om the contributing artists in th~ film before t~cscr~eaings. Tim~ is of the essence in this preparation. As soon as you can rclcasc our gram funds wc can cornmiX to thc sorccings. We ask you to do this at ~hc carllost possible date. Ms Plc~ is glad to acX as an ambassador to this influential audicncc if the preparation can bc completed. 8hc has also participated on the United Nations Valucs Caucus to oo-lcad a world pcacc prayer to over 7 million pooplc from the IJi~T in Now York CRy. Thank you for your thoughif61 consideration. Sin?rely, ~ f ONNECFZON February 22, '1999 '1900 Willits Lane # '17 A Basalt, Colo 81621 927-064'1 ph/fax Tabatha Miller City Finance City of Aspen ~130 South Galena St Aspen, Colo 81 611-1975 Dear Tabatha and the City Council, On behalf of the Aspen Dance Connection, I request the $5,000 grant be released early. We presented a very special Winter Showcase, "FI WNG HIGH INitS~EN" Febrt~ry 42 & '1 3, '1999. The funds are needed to complete our financial obligations for this show. ~ The show was very successful, being very well received by the audiences beth nights as welt as by 200 students and 15 senior citizens who saw a free lecture demonstration prior to the show. Because of the nature of the show, we had to rent additional equtptment to safely hang the many trapezeses. Thank you for your consideration and support. Fran Page · 'Artistic & Executive Director RE: Request For Funds: Bass Park DATE: March 8, 1999 Summary At the last City Council meeting the City Council decided to defer a decision on a ballot question and tax increase for the purchase of Bass Park and instead consider the option of purchasing the land with Housing/Daycare funds. By purchasing the land with Housing funds, the City ensures public ownership of the land and has additional time to explore a mix of affordable housing and park uses prior to a potential November election. Recommendation Staff recommends approving the attached Resolution authorizing funding for the purchase of Bass Park prior to the closing date (as set forth in the purchase contract) of May 26. Attached is a copy of the Housing/Daycare Fund long range plan which shows that the cash is available in the fund should the City Council wish to proceed in this manner. Please find attached my notes from the Bass Park "Roundtable" Task Force convened to discuss this topic. If City Council is not inclined to purchase the property with existing funds, staff will be prepared to present proposed ballot language for the May election. If a decision is not made prior to May 26, 1999 the City will lose $10,000 of earnest money. At some future time, staff would like City Council's advise as to how to proceed with the planning of the site: solicit private sector proposals, convene a task force, solicit private sector design/build teams, etc. RESOLUTION # (Series of 1999) A RESOLUTION AUTHORIZING EXPENDITURES OF 3.5 MILLION DOLLARS FROM THE HOUSING/DAYCARE FUND FOR THE PURCHASE OF BASS PARK AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT FOR PURCHASE. WHEREAS, City Council has approved a contract between the City of Aspen, Colorado, and Harry W. Bass, Jr. Marital for the purchase of land known as Bass Park; and WHEREAS, City Council desires to purchase the property with funds from the Housing/Daycare Fund in order to have additional time to plan the ultimate development of the property for park or affordable housing purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TI-[E CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves expenditures of 3.5 million dollars from the Housing/Daycare Fund for purposes of purchasing Bass Park. Dated: 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 ,1999. Kathryn S. Koch, City Clerk vmla- Memorandum TO: Mayor and Members of Council FROM: John P. Worcester ~ DATE: March 8, 1999 RE: Burlingame Ranch - Resolution Ending Compliance with Municipal Annexation Act Following a Public Hearing This matter is before you for a public hearing to determine compliance with certain provisions of the Municipal Annexation Act of 1965 as part of the statutory required process for annexing unincorporated property into the City. Attached for your consideration and review is a draft resolution to be adopted following the public hearing. If Council determines at the public hearing that compliance with these provisions exist, then an ordinance to annex will be prepared for Council's consideration at a later date. As with all ordinances, a public hearing will be scheduled as part of second reading of the annexation ordinance. The appropriate time for interested citizens to offer comments on issues, other than compliance with the Municipal Annexation Act, ;regarding the annexatien of the parcel to the City would be during the second reading of the annexation 'ordinance. The public hearing scheduled for the 28th can, therefore, be limited to the sole issue of compliance with the relevant provisions of the Municipal Annexation Act. ' At Council's regular meeting on January 20, 1999, Resolution No. 6, Series of 1999, was adopted. That resolution found substantial compliance with Section 31-12-107(1), C.R.S. (the technical requirements for a petition for annexation); established September 28, 1998 as the date for a public hearing to determine compliance with Sections 31-12-104 and 31-12-105, C.R.S., (described below); and authorized the institution of zoning procedures for land in the area proposed to be annexed. Because 100% of the property owners (the City of Aspen) have consented to the proposed annexations, annexation elections are not required. However, at the public hearing, Council must make a determination that the proposed annexation is in compliance with Sections 31-12-104 and 31-12-105 of the state annexation statutes. Appended hereto for your information is a copy of these state statutes. Section 31-12-104, C.R.S., sets forth specific eligibility requirements which Council must find and determine at the scheduled hearing. These eligibility requirements are incorporated within the propos~cl resolution. The facts that support the determination of compliance will be presented by staff at the hearing. In addition, Section 31-12-105, C.R.S. imposes a set of limitations on every annexation. It is these limitations that Council must a/so consider at the public hearing scheduled for the 13th. I have also attached a copy of a proposed resolution which you may adopt as Council's written findings and determinations following the public hearing. The proposed resolution summarizes the limitations of Section 31-12-105 in the form of factual statements that will need to be established at the public hearing. cc: CityManager CommunityDevelopmentDirector CityEngineer City Clerk jPw-O3/O2/99-\\~commons\aspattorney\john\word\memos\burlingame-a=ln-res2.doc 2 (Series of 1998) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, FINDING COMPLIANCE W1TH SECTIONS 31-12-104 and 31-12-105, C.R~S., FOLLOWING PUBLIC HEARING RELATIVE TO TH]E PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY KNOWN AS THE BURI .rNGAME RANCH. WHEREAS, on January 20, 1998, the City Manager of the City of Aspen, on behalf of the owners of the property proposed to be annexed, the City of Aspen~ did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen; and WHEREAS, on January 21, 1999, the City Council did adopt Resolution No. 6, Series of 1999, finding substantial compliance with Section 31-12-107(1), C.R.$.; establishing March 8, 1999, as the date for a public hearing to determine compliance with Sections 31-12-104and 31-12- 105, C.R.S.; and authorizing publication of said hearing; and WHEREAS, a public hearing was held On March 8, 1999; and WHEREAS, the City Council desires to adopt its findings and determinations following said heating in the form of a resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That having heard and considered the testimony, comments, exhibits and arguments of all persons appearing at the public hearing, the City Council of the City of Aspen makes the following findings and determinations in accordance with the Colorado Municipal Annexation Act, as amended: 1. The City Clerk, in accordance with Resolution No. 6~ Series of 1999, did give public notice pursuant to Section 31-12-108, C.R.S., of the public hearing, by causing to be published once a week for four consecutive weeks in The Aspen Times; a newspaper of general circulation in Pitkin County, the first publication being at least thirty (30) days prior to the date of the public hearing. In addition, the City Council did send to the Pitkin County Board of County Commissioners, to the County Attorney of Pitkin County, and to the Aspen School District, a copy of the aforesaid resolution and petition. 2. That the property proposed to be annexed consists of unincorporated area which has more than one sixth boundary contiguity with the City of Aspen. 3. That a community of interest exists between the area proposed to be annexed and the City of Aspen; that said area is urban or will be urbanized in the near future; and that said azea is integrated with or is capable of being integrated with the City of Aspen. The basis of compliance with the foregoing is the finding by City Council that the area to be annexed exceeds the one-sixth contiguity requirement and: a. Less than one-half of the land in the area proposed to be annexed (including streets) is agiculmral, and none of the owners of such agricultural land, if any, have expressed an intention, under oath, to devote the land to agricultural use for a period of not less than five years; and, b. It is physically practicable to extend to the area proposed to be annexed those urban services which the City of Aspen provides in common to all of its citizens on the same terms and conditions as such services are made to such citizens. 4. The property proposed m be annexed was not divided into separate parts or parcels from any other tract or parcel of real estate without the written consdnt of the landowners thereof to establish the boundaries of the property described in the annexation petition. (One hundred percent of the owners Of the proposed area to be annexed have consented to the annexation.) 5. The owners of the property proposed to be annexed have consented in writing to the annexation. Accordingly, the limitation set forth at Section 31-12-105Co) is not applicable. 6. There is no other annexation proceeding, other than the one under consideration heroin, which has been commenced either in the City Of Aspen or any other municipality which affects the property proposed lobe annexed. Accordingly, the limitation set forth at Section 31-12-105(c) is not applicable. 7. Annexation of the property proposed to be annexed would not result in the detachment of any area from any school distxict and the attachment of the same to another school district. Accordingly, the limitation set forth at Section 31-12-105(d) is not applicable. 8. Annexation of the property proposed to be annexed would not have the effect of extending the boundary of the City of Aspen more than three miles in any direction. Accordingly, the limitations set forth at Section 31-12-105(e) relating to the extension of municipal boundaries by more than three miles in any one year is not applicable. 9. The annexation of the property proposed to be annexed would be consistent with the "Annexation Element to the Aspen Area Comprehensive Plan". Accordingly, the requirement set forth at Section 31-12-I05(e) relating to the requirement that a "plan" be adopted for the property proposed to be annexed has been met. I0. In establishing the boundaries of the area- to be annexed, no portion of a platted street or alley is proposed to be annexed or the entire width of the alley or street is proposed to be annexed. Accordingly, the limitation set forth at Section 31-12-105(f) has been met. 11. · The City of Aspen does not intend to deny reasonable access to landowners, owner of an easement, or the owner of a franchise adjoining any street, alley, or highway, upon annexation. Accordingly, the limitation set forth at Section 31-12-105(f) has been met. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of ,1997. John S. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk jPW-O3/O2/99-G:\John\word\resos\burlingame-res2.doc 4 MEMORANDUM · TO: MAYOR AND COUNCIL THRU: AMY MARGERUM, CITY MANAGER THRU: JOHN WORCESTER, CITY ATTORNEY THRU: COMMERCIAL CORE AND LODGING COMMISSION THRU: LEE CASSIN, DIRECTOR ENVIRONMENTAL HEALTH THRU: BRIAN FLYNN, ENVIRONME AL RANGER NT FROM: DAVID HOEFER, ASSISTANT CITY ATTORNEY DATE: MARCH 2, 1999 RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTIONS 12.04.020 AND 12.04.030 OF THE ASPEN MUNICIPAL CODE PERTAINING TO THE "DEPOSITING OF GARBAGE, TRASH, AND ASHES" AND THE "AREA AROUND DUMPSTERS MAINTAINED FREE OF TRASH, GARBAGE." SUMMARY: Section t2.04.020 of the A/pen Municipal Code currently requires that all garbage, trash, and ashes be deposited in (1) animal-proof, fly-tight, covered containers or in (2) dumpsters approved by the environmental health depaxtment. The Commercial Core and Lodging Commission believes that it is in the best interests of the citizens of the City of Aspen to promote the use of compactors whenever possible. The proposed amendment permits the use of ti'ash compactors approved by the environmental health department. The ordinance additionally requires every applicant for a business license to provide the city finance department with the name of his/her/its trash service prorider. The final amendment to Section 12.04.020 provides that "the city engineering department may issue a letter of warning to the owner or occupant of premises within the city or to the trash service company for non-compliance with a provision of lhis section and may revoke an encroachment license. Service from another trash service company may then be solicited." Section 12.04.030 (Area Around Dumpsters Maintained Free of Trash, Garbage) would be amended by requiring the area around trash compactors to also be maintained free of trash and garbage. A violation of the code provisions would be punishable by a $1000 fine and/or imprisonment in jail for up to one year. Each day of a violation would constitute a separate offense.. DISCUSSION: The Commercial Core and Lodging Commission believes that adoption Of this proposed ordinance will cause the alleys in the Commercial Core of the City of Aspen to be maintained in a cleaner appearing and healthier manner, which will benefit all residents and tourists of the city. FINANCIAL IMPLICATIONS: There are no financial implications to the City. Owners Of premises in the Commircial Core would contract with private trash compactor companies. RECOMMENDATION: CCLC recommends adoption of the proposed ordinance. PROPOSED MOTION: ."I move to approve Ordinance N0. ~, Series of 1998, amending sections 12.04X)20 and 12.04:030 Of the Aspen Municipal Code, pertaining to the "depositing of garbage, trash, and ashes" and the "area around dumpsters maintained free of trash and garbage." CITY MANAGER COMMENTS: ORDINANCE NO. ~._~, SERFS OF 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN~ COLORADO, AMENDING SECTIONS 12.04.020 AND 12.04.030 OF THE ASPEN MUNICIPAL CODE PERTAINING TO THE "DEPOSITING OF GARBAGE, TRASH, AND ASHES" AND THE "AREA AROUND DUMI~STERS MAINTMNED FREE OF TRASH, GARBAGE." WHEREAS, the City Council of the City of Aspen previously adopted Municipal Code Section 12.04.020, entitled "Depositing of Garbage, Trash, and Ashes," and Section 12.04.030, entified "Area Around Dumpster, S Maln~dined Free of Trash, Garbage," and 'WHEREAS, the Commercial Core and Lodging Commission believes that it is in , the best interests of the citizens of the City of Aspen to amend said sections by permitting the use of trash compactors or similar devices (approved by the environmental health department) in the CC (Commercial Core), and WHEREAS, it is in the best interests of the Community for every applicant for a business license to provide the City Finance Department with the name of his/her/its trash service provider, and WHEREAS, the City CoUncil desires to adopt for the benefit of the City of Aspen the following code amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 ' Sections 12.04.020 and 12.04.030 of the Aspen Municipal Code are hereby repealed in their entirety and are re-enacted to read as follows: 12.04.020 Depositing of garbage, trash and ashes. (a) Every owner or occupant of premises within the city shall deposit and cause to be deposited all garbage, trash,, and ashes which accumulate thereon in (I) animal-proof, fly- tight, covered containers, (2) dumpstem approved by the environmental health department, or (3) a trash compactor (or Other trash-containing device) approved by the ' environmental health department. Garbage and tras, h shall be secured in throwaway containers or in such a manner that it is not blown or scattered about or allowed to ' become a nuisance to the neighbors or the area. ff permitted, the city engineering department shall approve the location of all dumpstem~ trash compactorS, or other trash-containing devices encroaching upon a city alley or right-of-way. (b) Every applicant for a. business license shall provide the city fihance department with the name of. his/her/its trash service prorider. Failure to provide the name of the trash service provider shall be cause for the non-issuance of the license. (c) A "trash-containing device" shall be defined as a container approi, ed by the environmental health department that is of adequate size and construction to contain the trash generated by the user(s). · (d) In addition to Other enfomement remedies available to the 'city, the city engineering department may issue a letter of warning to the owner or occupant of premises within the city or to the trash service company for non~ompliance with a provis~o~ of this section and may revoke an encroachment license. Service from another trash service cgmpany may then be solicited. 12.04.030 Arch around dumpsten and compactors maintained free of trash, . garbage. . Every owner or occupant of premises within the city using an approved dumpster, compactor,. or similar device shall keep the area within ten (10) feet of that dUmpster, compactor, or similar device free of garbage, trash, and ashes. Section 2 , This ordinance, when effective, shall not have any effect on existing 'litigation' and shall not operate as an abatement of any action or proceeding then pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded Under such prior ordinances. .. Section 3 ff any section, subsection, sentence,, clause, phrase orportion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portio. n shall be d6emed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4 A public hearing on the ordinance shall be held on the day of ,1999, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by the City Council of the City 9f Aspen on' the day of ,1999. John S. Bennett, Mayor ATTEST: Kathryn S. Koch City Clerk FINALLY adopted, passed and approved this day of ,1999. John S. Bennett, Mayor ATTEST: Kathryn S. Koch City Clerk MEMORANDUIVI TO: Mayor and Council THRU: Lee Cassin, City Environmental Health Director' ~;~ ~ C DATE: March 2, 1999 RE: Solid Waste Ordinance SUMMARY: This memo Summarizes steps taken by Environmental Health staff to respond to concerns raised by Council at the December meeting when the compactor ordinance was discussed. It also includes the attached Ordinance which implements one of the measures proposed by the Commercial Core and Lodging Commission (CCLC). PREVIOUS COUNCIL ACTION: Council continued discussion of this ordinance in December 1998 to give staff time to address these issues. BACKGROUND: The CCLC has worked very hard over the last two years to improve the appearance of downtown alleys, to reduce truck traffic, and to reduce truck noise. CCLC recommended adoption of a compactor ordinance, but council felt staff needed to complete research before implementing all of the recommendations as presented by staff last December. Issues raised by Council were: . Any Commercial Core trash/compactor program should support and increase recycling, and not discourage recycling . Courtall was uncomfortable imposing compactors on businesses when the "success rate" so far was "one out of two". Coundl wanted to see a significant improvement in the performance 6f the main compactor before going ahead · Locations of compactors should be determined now, instead of planning to determine locations later · Costs of compactors should be evaluated to ensure small businesses are not hurt · Limiting how often a dumpster or compactor can be emptied could cause odor or bear problems DISCUSSION: Staff recommends that Council move forward with the proposal that to obtain a business License, an applicant must show proof of trash service. This will help guarantee that every business is properly disposing of solid waste. To address issues raised by Council, we have taken the following steps. · Staff proposes using the (new) Red Onion compactor as a pilot project to demonstrate enhanced recycling in the downtown core. Waste Management will perform a two-month study of the amount of recyclable cardboard being placed in the compactor and choose an appropriate solution for recycling that waste. This may mean having a cardboard bailer or two narrow compactors, one fo~ cardboard and one for other trash. The best approach for other recyclables (glass, cans, and newspaper) will vary by alley. In some places recycling containers will be on private property and in others, central facilities by the compactor may make sense. · To achieve success with the Red Onion alley, Waste Management lias agreed to remove the current compactor. The new compactor will be a thinner model, one that allows for proper passage of emergency vehicles and delivery trucks. The new compactor will also provide a wider charge chamber (opening) for easier use by customers. Waste Management has set up a monthly cleaning schedule for the compactor. This will address a past problem of the compactor being unsightly and too dirty to use. A new toucl~ pad is being installed to prevent illegal use of the compactor and provide for user friendly service, eliminating the problem of someone forgetting their key and leaving their trash. Waste Management will solicit alley customers for participation in the · compactor program, which will help reduce the costs of the service to all the custqmers involved. · Staff carefully reviewed each business location in each alley to evaluate the alley widths and potential spaces for compactors, in consultation with the City Engineer and Fire Chief. It appears that the goal of requiring use of compactors instead of dumpsters is a good one, but that it carmot be implemented in many.downtown alleys in Aspen. Many alleys can not accommodate a compactor without jeopardizing right of way issues (ability of fire trucks to get through the alley to reach a fire) or using private property~ So in many alleys, compactors cannot be required. Knowing this, we would like to continue to pursue the use of compactors by educating private businesses about potential benefits. We would like to encourage their use on private property where they make sense and would be beneficial both visually and economically to the business or building. More successes will encourage other businesses to convert. · We recommend that the City become a part of the compactor program by using one at City Hall and another at the Parks Department, and possibly at other city facilities as well. This would be combined with the recycling currently at each site. These will serve as two more experimental compactors. · Concerns about costs to individual businesses of their being required to convert will be alleviated by' this approach. Businesses will use compactors on private property if it makes business sense. With the experience gained from the new Red Onion alley compactor and those we hope to have used by the city, businesses will have much more information about the cost and benefits of compactors. · As more compactors are used, the need for frequent pickup may go down, possibly reducing truck traffic in the core. There will still be the ability for individual users to have more frequent pickup if needed. Otherwise, businesses with less room for a compactor, or with no room in the right of way would not be able to use compactors, since they might need more frequent pickup. FINANCIAL IMPLICATIONS: There may be financial implications to the City if the City .~witches to compactors for City Hall and the Parks Building (or other city buildings). Individuals and businesses would contract with private haulers if it makes financial sense for them. RECOMMENDATION: Staff recommends Council adopt the attached ordinance. Staff also requests that Council let staff know if any changes should be made in our plans to proceed with improving the Red Onion alley compactor, gradually increasing the numbers of compactors in the core where they will fit, and addressing recycling along with compactors in each alley. ALTERNATIVES: Council could do nothing at this time, or could direct staff to return with a different combination of measures discussed earlier. PROPOSED MOTION: "I move to approve Ordinance # Series of 1999 to require proof of trash service for issuance of a business license." CI'I'Y MANAGER COMMENTS: Memorandum TO: Mayor and Members of Council FROM: John P. Worcester ~ DATE: Marell 8, 1999 RE: Resolution Submitting Ballot Questions to the May, 1999 Election Attached for your consideration and review is a resolution which, if adopted, would submit to the electorate three batlot questions in the May election. The three ha/lot questions relate to the following issues: (1) Authorization to extend the .45% affordable housin.¢z and day care sales tax. As you may know, this sales tax has an expiration date of June 30, 2000. The current proposed ballot language seeks a new expiration date of 2020. The decision by staff to recommend an extension of twenty years is based on the desire to make it easier to bond off the revenue in the future, if necessary. Cit is easier to seek a revenue bond with a longer revenue stream than a short one.) (2) Authorization to Issue Revenue Bonds for Recreational Facilities. This question was discussed by Council at some length at the last Council mtg. (3) Authorization to lease a portion of the Golf Course to the Housing AuthoriW to expand Truscott Place. Our City Charter requires voter approval to change the use of city owned property which was purchased with open space. The Parks and Golf Department has suggested that the land to the East of the existing housing complex is underutilized and could be easily converted to expand the existing affordable housing project. Preliminary design and economic feasibility analysis indicate that the project could be feasible. This ballot question would obtain the legally required voter approvai to convert the land from open space uses to affordable housing. The land is currently used as a dirt storage space for the golf course and Parks Department. ACTION REQUESTED: Motion to approve Resolution No [3 . Series of 1999. co: City Manager Finance Director RESOLUTION NO. 13 (Series of 1999) ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, SUBMITTING TO THE ELECTORATE OF TEE CITY OF ASPEN CERTAIN QUESTIONS AT THE MAY 4, 1999, MUNICIPAL ELECTION, AND SETtING SUCH BAI J .OT TITLES AND QUESTIONS. WHEREAS, In December of 1997, the Parks Department and Recreation Depamnent began the process for developing a master plan for ISelin Park to create a long term vision for the Moore Playing Fields and Iselin Park, and WHEREAS, a Citizen's Task Force was appointed by City Council to make recommendations on improvements to Iselin Park including analyzing Iselin and surrounding open spaces for recreational opportunities, aesthetic and environmental enhancements, and evaluating possible traffic and transit improvements to create a "Community Campus", and WHEREAS, the Master Plan created a synergistic phenomenon that expanded, s~oo~at't'~b'w ~ u beyond the boundaries Of the Community Camp recreational facilities throughout the community, including Plumtree Park, the Aspen Golf Course, Wagner Park, the Yellow Brick Park, the existing Ice Rink, and the connecting pedestrian links to the campus such as Cemetery Lane and the Rio Grande Trail, and WHEREAS, the issuance of Revenue Bonds by the City of Aspen to fund these recreational facilities make financial sense for a number of reasons, including extremely low interest rates, no new taxes needed to fund the improvements, and the requisite financial resources would be made available immediately from the sale of bonds thereby allowing the desired projects to be completed in a relatively short time period; and WHEREAS, the City's .45% sales tax dedicated to the support of affordable housing and day cam has an expiration date of June 30, 2000, and the City Council desires to extend the expiration date of this sales tax to June 30, 2020; and WHEREAS, the City Council has determined that it is in the best interests of the City of Aspen to convert approximately 2.75 acres of an undemtilized portion of the Aspen Municipal Golf Course to expand the Tinscott Place Affordable Housing; and WHEREAS, Section 13.4 of the Aspen City Charter requires voter approval for any change in use of real property acquired for open space purposes; and WHEREAS, Article X, Section 20(4) of the Colorado Constitution requires municipalities to obtain voter approval in advance of the creation of any multiple fiscal year direct or indirect debt; and WHEREAS,' the City Council is further authorized pursuant to Section 5.7 of the Aspen City Charter to, On its own motion, submit questions to a vote of the electorate. NOW, THliREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section I. The following question, authorizing the City of Aspen to issue revenue bonds in an aggregate principal amount of not to exceed thirteen million eight hundred .ninety four thousand dollars ($13~894,000.00) for the payment of the cost of certain improvements, construction costs, supporting facilities, and authorizing the receipt and expenditures of · bond proceeds, shall be'placed 'ola the ballot at the City' s biennial election to be held on May 4, 1999: CITY OF' ASPEN BALLOT OUESTION - RECREATION FACILITIES REVENUE BOND OUESTION SHA, T,T, CITY OF ASPEN DEBT BE INC S~D $13,894,000.00, WITH A INCREASE IN THE C1TY'S EXISTING TAXES), FOR TI-IE PURPOSE OF CONSTRUCTING AND IMPROVING CERTAIN CITY RECREATIONAL AND PARK FACILITIES, INCLUDING, BUT NOT LIM1TED TO: · CONSTRUCTION OF A SWIMiVIING POOL AT ISELIN PARK; · CONSTRUCTION OF A NEW CLUBHOUSE, PRO-SHOP, NORDIC CENTER, AND RESTAURANT AT THE C1TY'S MUNICPAL GOLF COURSE; · RENOVATION OF ~ C1TY'S EXISTING ICE RINK AT ~ ICE GARDEN; AND · CONSTRUCTION AND RENOVATION OF BASEBALLJSOFTBALL FIELDS, TENNIS COURTS, BASKETBAT .L COURTS, TRAILS AND PEDESTRIAN WALKWAYS, ANCILLARY PARKING FACIL1T~S, LANDSCAPING, AND RELATED ]iV[PROVEMENTS THROUGHOUT TH~ CITY PARK SYSTEM INCLUDING: · ISELIN PARK; · MOORE PLAYING FIELDS; · THE ASPEN SCHOOL DISTRICT CAMPUS; · PLUM TREE PARK; · WAGNER PARK; · YELLOW BRICK SCHOOL PARK; · RIO GRANDE TRAIL; · CEMETERY LANE; SUCH DEBT TO CONSIST OF THE ISSUANCE AND PA~ OF TAX REVENUE BONDS, PAYABLE FROM THE EXISTING ONE PERCENT SAI -~S TAX OF THE CITY DEPOSITED TO THE PARKS AND OPEN SPACE FLYBID OF THE 'CITY; WHICH BONDS SHALL BEAR INTEREST AND MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUT A PREMYGM, AND BE ISSUED, DATED AND SOLD AT SUCH TIME OR TIMES, AT SUCH PRICES (AT, ABOVE OR BELOW PAR) AND IN SUCH MANNER AND CONTAINING SUCH TERMS, NOT INCONSISTENT HEREWITH, AS THE CITY COUNCIL MAY DETERM/NE; AND SHAT .L ANY EARNINGS (REGARDLESS OF AMOUNT) FROM ~ INVESTMENT OF THE PROCEEDS OF SUCH BONDS CONSTiTLrrE A VOTER-APPROVED REVENUE CEh~GE? Section 2. The following question, authorizing the City of Aspen to extend the .45% sales tax earmarked for the support of affordable housing and day care from lune 30, 2000, to June 30, 2020, shall be placed on the ballot at the City's biennial election to be held on May 4, 1999: CITY OF ASPEN BALLOT OUESTION - AUTHORrz~,TION TO EXTEND THE EXISTING .45% AFFORDABLE HOUSING AND DAY CARE S.AI .~S TAX: SHAIJ. THE CITY OF ASPEN .45% SAI.I=.S TAX AU'II-IORr'Z~D BY ORDINANCE No. 81, SERIES OF 1989, EARMARKED FOR AFFORDABLE HOUSING AND DAY CARE, BE EXTENDED BEYOND ITS CURRENT EXPIRATION DATE OF JUNE 30, 2000, TO JUNE 30 2020, (THE MAXIMUM AMOUNT TO BE COLLECTED IN 2000 FROM THE EXTENSION OF THE .45% SAIF, S TAX, CALCULATED AS -THE AMOL~'NT THAT WAS- C6~br~T~.D-l~-~98, IS $ )? ~.ection 3. The following question, authorizing the City of Aspen to sell or lease to the Asper~Pitldn County Housing Authority approximately 2.75 acres of an undemtilized portion of the Aspen Municipal Golf Course property for the expansion of the Tinscott Place affordable housing project, shall be placed on the ballot at the City's biennial election to be held on May 4, 1999: CITY OF ASPEN BALLOT OU'ESTION - EXPANSION OF TRUSCOTT PLACE AFFORDABLE HOUSING PROJECT: Section 4. ~?Le--bV The City Cle shall take all steps ne ssary and proper to e ure that th~ election is , INTRODUCED, READ AND ADOPTliD by the City Council of the City of Aspen on the day of ,1999. John S. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify ihat the foregoing is a tree and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk .IPW-03/04/99-G:\john\wotthtesos~allot99-2.do~ MEMORANDUM To: City Council Thru: Dave Tolen From: Lee Novak Subject: Snyder Budget Date: March 2, 1999 CC: Amy Margemm Summary: Housing staff are returning to Council with revised final budget numbers for the Snyder Park Affordable · Housing project. The final budget numbers presented to Council on February 22 have been revised based on a thorough analysis of our estimates and expenditures to date. Staff have also explored three issues that were raised by Council at the February 22 meeting: a comparison with last fall's prices, an analysis of different sales price alternatives, and ~Cn analysis of different contributions by the Parks Department towards the land cost. Staff are requesting that Council approve the expenditure of a final subsidy amount for the Snyder project, so that construction may proceed. Background: Below is a side by side comparison of the October, 1998 development pro forma and the most recent numbers (these have been updated since the February 22 meeting). A more detailed comparison 'is attached. Land costs are discussed later in the memo, and they are not included in the breakdown below. Comparison of Fall and Winter Pro Formas AMOUNT AMOUNT ITEM October, '98 February, '99 DIFFERENCE Professional Fees $248,228 $259,186 $10,958 Predevelopment Costs $15,644 $44,132 $28,488 Utilities $65,948 $65,948 $0 Construction Costs Site Development $331,164 $407,219 $76,055 Building Construction $3,345,574 $3,322,676 $(22,898) Financing Costs , $97,160 $99,558 $2,398 Pre-occupancy Expenses $3,500 $3,500 $0 Contingency $0 $105,055 $105,055 Totals $4,107,218 $4,307,274 $200,057 The overall development budget of the project is higher by $200,057 than the October, 1998 pro forms. This increase is due to three main factors: 1. A $105,055 contingency was added. This is not an increase in costs, but is an additional 2.5 percent budget cushion. Despite our confidence in these prices, staff feel that a contingency is good protection. Historically on W. Hopkins, E. Hopkins, Juan St. and Benedict Commons the contingency was not spent. 2. Sitew~rkc~stsincreasedby$76~~55.Whi~e~urbidf~ruti~ityw~rkdec~ined~the~ct~ber'~998 line item did not include improvements to Midland Avenue that were completed by the Engineering Department, but funded by the Snyder project. 3. School fees were not included in the earlier pro forms. Since the Housing Office has not historically paid school'fees, those were omitted from the Ociober pro forms. We were required to pay those fees in this situation and they are now included in this pro forms. B&H~s February, 1999 bid for construction work actually declined by $22,898. Despite the increases in price, Housing staff believe that this project is being created at the cost that the current construction market allows. Without Significant redesign or significant diminution in quality, a lower price would not likely be achieved. Sales Price Analysis: Staff have examined five different pricing scenarios. (A summary of these scenarios and the total subsidy for each is attached.) They are as follows (each scenario' s per bedroom and total subsidy are presented below the scenario): Scenario 1 Scenario 2 Scenario 3 Scenario 4 Scenario 5 9 Cat. 2 1 BR 9 Cat. 3 1 BR 9 mid-Cat. 4 1 BR 2 Cat. 2 1 BR 9 Cat. 4 1 BR 5 Cat. 4 3 BR 1 Cat. 3 3 BR 6 mid-Cat. 4 3 BR 2 Cat. 3 1 BR 6 Cat. 4 3 BR 5 Cat. 4 3 BR 5 Cat. 4 1 BR 3Cat. 33BR 2Cat. 43BR 1 Cat. 5 3 BR $134,297 $123,190 $117,299 $112,537 $95,848 $3,626,009 $3,326,129 $3,167,075 $3,038,499 $2,587,895 All of the scenarios provided in the attached summary assume a Parks share of $1:4 million for the land. Scenarios one, two and four achieve Council!s policy goal of not building only category 4 projects. In these scenarios, the per bedroom subsidy ranges from $112,537 to $134,297. To show the effects of these sale prices on people's monthly expenses, Staff have also tabulated monthly mortgage payments, based on 5 percent down and 7 percent interest. These are rates that many purchasers of affordable housing are currently securing. These are displayed with the attached scenarios. It should be noted that these payments are much less than the rents that many locals pay to live in free market units. Land CoSi: The Snyder land was purchased for $2.7 million with Housing/Daycare Funds. It was assumed at that time that the Parks Department would pay for some portion of this total cost. The final split was left until after a plan for the site had been developed. For earlier pm formas (including the numbers presented to Council last fall), the Parks' share of the land price was assumed at $1.4 million. Housing staff believe that the Parks' share should continue to be $1.4 million. If at a later date, Council wishes to increase the Parks' share to lessen the Snyder project's impact on the Housing/Daycare Fund additional funds can be allocated. Alternatives: Staff recommends that Council proceed with the project after choosing one of the scenarios proposed above. If Council believes that the project is too expensive as planned, there is an alternative, The land could be sold to a private developer for a mixed AH/free market project. A private developer would incorporate free market units to offset the subsidy cost of the current project: The developer would be required to bring the parcel through the PUD approval process to obtain a new PUD. The disadvantage of this alternative is that it uses scarce publicly owned land for free market growth. Staff believes that even the high level of subsidy with the prices proposed is a better use of public resources. Action requested: Staff requests that Council approve the final development budget and that Council select a scenario from those proposed above, so that construction may proceed. Motion: I move to approve the budget for the Completion of the Snyder Affordable Housing Project as proposed with scenario ... Synder Affordable Housing Project Comparison of Fall and Winter Pro Formas Units Deed Restricted 1 BR 9 Deed Restricted 3 BR 6 Total Units 15 Bedrooms Deed Restricted 1 BR 9 Deed Restricted 3 BR 18 Total Bedrooms 27 Total Adjusted Square Feet 26,349 AMOUNT AMOUNT ITEM October, '98 February, '99 DIFFERENCE PROFESSIONAL FEES PLANNING $ 28,450 $. 30,363 $ '1,913 ARCHITECTURE $ 150,000 $ 155,000 $ 5,000 SURVEYING $ 5,397 $ 7,000 $ 1,603 ENGINEERING $ 60,000 $ 55,000 $ (5,000) FIELD AND SOIL INVESTIGATION $ 2,622 $ 2,622 $ LEGAL REVIEW $ 620 $ 620 $ PROJECT MANAGEMENT $ .1,139 $ 8,582 $ 7,443 PREDEVELOPMENT COSTS APPRAISAL $ 9,426 $ 9,426 $ TITLE INSURANCE $ 2,500 $ 1,052 $ (1,448) SCHOOL IMPACT FEE $ $ 29,936 $ 29,936 BUILDER'S RISK INSURANCE $ 3,718 $ 3,718 $ UTILITIES WATER SERVICE/TAP FEES $ 5,552 $ 5,552 $ SEWER SERVICEjTAP FEES $ 60,396 $ 60,396 $ CONSTRUCTION COSTS SITE DEVELOPMENT $ 331,164 $ 407,219 $ 76,055 BUILDING CONSTRUCTION $ 3,345,574 $ 3,322,676 $ (22,898) FINANCING COSTS CONSTRUCTION LOAN FEES $ 5,000 $ 5,000 $ CONSTRUCTION PERIOD INTEREST $ 92,160 $ 94,558 $ 2,398 PREOCCUPANCY EXPENSES UTILITIES $ 1,000 $ 1,000 $ INSURANCE $ 1,000 $ 1,000 $ RESERVES $ 1,500 $ 1,500 $ CONTINGENCY $ $ 105,055 $ 105,055 $ TOTALS $ 4~107,217 $ 4,307,275 $ 200,057