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 "'