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HomeMy WebLinkAboutWater Board - Minutes - 07/24/1972Water $ Sewer Board July 24, 1972 3:00 P.M. Present: Ward Fischer - Chairman Everett Richardson Harvey Johnson Owen Moore Dugan Wilkinson Michael DiTullio Arthur March, Jr. Charles Liquin Ed Hilgenberg Donald Reynolds Verna Lewis Also: Garth Rogers - Attorney John Gagnon - Coloradoan Reporter ABsent: Fred Feit Norman Evans Item 'I CITY ATTORNEY ARTHUR E. MARCH, JR. Arthur E. March brought the matter of a proposal with Water Supply and Storage to arrange through the North Poudre Irrigation Company'to trade • river rights for Horsetooth water on the amount of Water Supply and Storage water the City has acquired. This trade would give the City 80% of the water represented by the stock. It was also clarified that the water would be measured at the top ofthe system. Board member Wilkinson questioner the bylaws of other ditch companies. Additional discussion on this matter centered around the City's recent acquisition of this water and the desire to make the best use of it, the legal problems involved in this agreement, the City Attorney's desire that the City exchange water instead of selling it back to Water Supply and Storage in light of the recent acquisition and the fact that if the suggested trial period of five years did not prose fruitful, Water Supply and Storage could purchase the water stock from the City. Motion was made by Dugan Wilkinson to have the Water Board examine the agreement to ascertain whether they agreed with the concept, and then act on the recommendation. Motion properly seconded by Everett Richardson. Motion carried and the City Attorney will draw up the three way agreement between the City, Water Supply and Storage and North Poudre, whereby the City will receive 80% of the water in this exchange. Board members Johnson and Fischer abstained from voting on the motions. Item II REPORT FROM THE TWO SUBCObMITTIES 1. The rate committee report was briefly given by Chairman Owen Moore. the firm of Black 4 Veatch has been working on the PIF and has given their recommendations and subsequent a letter of July 19, 1972 (letter attached) on suggested rates to the sub -committee. The sub -committee then gave . its recommendation of their meeting of July 5, 1972, to the Water Board. 2. SEWAGE COMMITTEE The review of this committee's meeting of July 5, 1972, was given by Dougan Wilkinson. Discussion centered around the State Health Department's abatemen date,the new information that the State does not desire to receive any applications before July 1, 1972, and that plans and specifications must • accompany applications. Motion was made by Dougan Wilkinson, that at the recommendation of the Sewage Committee, the Water Board recommend to the City Council that the City enter into a contract for engineering services in connection with improvements to Sewage Treatment Plant No. 1, and to an addition to Sewage Treatment Plant No. 2. Motion properly seconded by Owen Moore. The motion carried. Item III EXTENSION POLICY OF THE CITY 1. A request on behalf of Big Horn Development Company of Colorado for Water $ Sewer facilities, Attorney Garth Rcg ers appeared on behalf of the applicant. Acting City Manager Michael DiTullio stated to the Board the City's concern with the total exension program. This particular site is in close proximity to existing water on Sewer Lines. Director of Planning, Donald Reynolds, stated to the Board that there have been several instances where the City's utilities have been used against it and any new extensions should be subject to the regulation of the Planned Unit Development. Attorney Rcgars stated delaying this request would cause a hardship to the developers in order for them to meet the FHA financing requirements. Chairman Ward Fischer stated he felt in this request he could see no problem in granting the extension, with the added comment by member Richards that it be granted if it had the concurrence of the Planner. Motion was made by Owen Moore to grant this extension with the stipulation that they meet full compliance with City requirements, and if the City is not under a previous.agreement with any other District. Seconded by Everett Richardson. Motion carried. Board member Dougan Wilkinson abstained • from voting due to a conflict of interest. 2. The request of Stan Matney for Section 33 for utility extension. The request and sketch attached was explained by Charles Liquin as was the previous extension to the Harmony Road Trailer Court. The Acting City Manager and City Attorney again stressed the problems in the current County Subdivision regulation and explained problems with Poppell Annexation and the "Y" Trailer Court. It was the recommendation of the Director of Planning that the City extend utilities to anyone who can use it in order to have control. Board member Everett Richardson asked what could be done with islands. The City Attorney commented on the Annexation Laws. Board member Harvey Johnson suggested that where we can use the sewer as a means for enforcement, we should use it. Chairman Ward Fischer stated in order to have the Board make a recommendation to the Council they need certain information on the following: 1. A legal opinion on whether the City has the power to insure compliance with its codes by developments outside the City limits in return for extending the utilities. 2. A study of disputes and how they should be handled (i.e, personnel from the County inspecting the County developments trying to meet City City standards where the City and County standards are different). 3. A report from the planning office on the desirability of extending utilities outside the City including a discussion of what happens if the City refuses to do so. • 4. A recommendation from the City administration on whether water and sewer should be included jointly in such a policy, or whether separate criteria should supply to each. The next Water Board meeting time was not set but will probably meet..in about a month. Item IV WATER ACQUISITION POLICY • Chairman Ward Fischer next brought before the Board the matter of the prior City's policy of going out and actively pursuing water acquisition and felt the City should now consider a temporary withdrawal until such time as the Board can recommend to the Council that the spending more time and money on the development of raw water already owned (i.e. Joe Wright, Michigan Ditch, Windy Gap, etc.). Several members of the Board showed concern for this proposal and stated that this policy should be publicized in order that people buying land in the Wellington area are bought and sold on the knowledge that the City will buy the water rights to the land and lease it back to the purchaser for a minimum fee. Board member Harvey Johnson state it was reasonable to advertise the City was dropping out of the water market but the City would buy if a bargain comes up. It was the recommendation of Chairman Ward Fischer that the Board recommend to the Council that for the purpose of allowing the Water Board time to analyse our water supplies to make them more available to the City, that for this next year we with- draw our standing offers and review new purchases on a case by case basis. The Board concurred, and Chairman Fischer will draft a letter to the Council to this effect. Chairman Fischer asked to be excused as he had a previous appointment and informal discussion continued on the progress on the work being done on the Michigan Ditch. Board member Harvey Johnson suggested that if the Board was going to be subject to criticism on this rebuilding, he would like to see the plans of the work being done. Mr. Liquin reviewed problem areas (i.e. ecologists, stopping work in progres dump structure, Roosevelt National Forest, etc.). Board member Richardson • suggested a review from Bittinger and Associates with plans and specificatic on the problem. No action was taken on these recommendations. There being no further business to come before the Board, the meeting adjoul at 4:40 P.M. Secretary "'