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HomeMy WebLinkAbout1958-09-03 EWSB MINUTESENGLEWOOD WATER AND SE'aF..R BOARD UEETING -SEPTEMBER 31 1958 The meeting was called to order by Chairman Fra ntz at 8:00 Po Uo Members Present: Members Absenti Other 0.f ficials Present' Bromiewell, Frantz, Kreiling ,, McCabe , Scott Purcell, Robohm City 1.f.anager Rudd, Utilities Commissioner Babcock, Special Counsel Shiverso Mro Dale Ho Rea, Consulting Eng:ineer, attended the meeting and discussed with the Board the highlights of the report recently sul::mitted by him relative to expansion of the Rnglewood sewage treatment planto A layout and cost estinate of three different size enlargerents is indic"'ated in the report; lo Increasing the plant by approximately 20 1 000 people will cost $378,950000 2o Increasing the plant °'J approximately 40,000 people will cost $673,750.00 3.. Increasing the plant b'.f approximately 601 000 people will cost $873 1 020000 Mro Rea pointed out tha.t if there is to be a curtailment of water service to the existing districts, the 20,000 people increase might have sane merit; but, if urrtestricted water can be made available to the area then the 60,000 people increase has the greatest economyo l~o Rea also brought out that the original plant was designed for a population of 40,000 peoole and in the study in July, 1958, preparatory to this report, it was foum. that the sewage plant has reached it 1 s designed capacity of approximately 40,000 peopleo It is estiraated that an additional capacity 0£ S,ooo to 8 1 000 people can be added without affecting the efficiency of the plant, provided sludge beds are added arxi proper recirculation is practicedo Mro Rea recomnends that,, in order to prevent curtailment of growth due to lack of sewage treatnent facilities, the plant should be expanded to at least 100% of H;•s present capa.citl{ with construction started in 19590 Mr. Rea brings out, in his report, that in order to secura Federal Aid for this expansion it is necessary to make application to the Stata Board of Health by presenting Plans and Specifica- tionso After they hava been approved, the State will then present them to the Uo So Depart- ment of Heal tho Tre U. s. Department of Health will then nake an offer of Federal Aid when funds are available o No .f'wxis are a1railable for Englewood out of the fiscal year beginning July 1 1 1958. Whether they will be available beginning July 1, 1959 should be thoroughly in- vestigated by the Cityo Ur. Rea stated, in addition, that the Federal Aid Program for 1958 allowed, for those cities quali!y:i.ne1 funls in t!» amount of ~250,000oOO or 30% of the cost involvedo Mr~ Rea feels that, if' the Cit-; of Enr;lm'lood desires to endeavor to participate in Fe:ieral Aid funds which night be available in 19~9, application should be !!!Ade not later than January 1 1 19)9 and, :in order to do this, a decision must, o! course, be reached as to the extent of axpansion to be consideredo Mro Rea stated that if he were retained as engineer for the project, his fee would be the normal 5% of construction costs less credit for amount ?Bid him for preliminary report. It was agreed by the Board that before further action or consideration is given the expansion program, the Federal Aid phase should be thoroughly investigatedo Mro Rea and Mr. Babcock were asked to work together in maldng contact with the State Board of Health to determine proper procedure in applying .for Federal Aid in the program, reporting to the Boa.rd at the first opoortunityo The following letter,. which had previously been given to "ir. Shivers, S?Scial Counsel, for inveatigs.tion and report, TJas read: Mr. Joseph Esch, rfJJ. E. JOHNSON Attorney at Law Vornes Building 22! South Tejon Street. Colorado Springe, Colorado Bax 177, Orch1ay, Colorado July 18, 1958 City Attorney for Englewood, Coloo JJll s. Brdwy Englewood, Coloo !ear Sir: Re: Water for Subdivision a.t Mar tin Missile Planto '!'he tu'"ldersigned has subdivided and platted the ~~?r-24-6-..69 in front of Cartin Hissile Plant in Douglas Count{,r and is selling lots through the Acacia Realty Co. of Littleton, Colorado, wifuout representation as to any Sl.1pply of domestic watero Now, we contemplate buying an adjoining 150 acres, subdividing and providing water, and perhaps sewer facilities to the entire acreageo We have assurance of permit from State Water Engineer to locate a well or wells on land we can procure in tra gravel bed area of the Platte River for the payment of ~5 oOO far each well locationo This source of water tvould be dependable, as it would be just acres$ the River from ttie four shallow wells Denver has been operating far a number of yes.rsa As I see it, it vwuld be possfole for claimants to prior water rights down the river to compalin, and possibly enjoin us fran taking water frQ""tl our wells on the £{round that the water might ultimately get back into the river and constitute a part of the water due the priority cl.aimanto So,, as I am informed that F.nglewood gets its water or a substantial part of same from these shallow wells further down the River, and no doubt has procured ample priority claims to protect its use of this un:J.erground water, I am wondering if we might not interest tha City of Englewood in taking title to our proposed water site and selling us water at the well, if we would lay the line to our storage reservoir and provide our distrirution systemo It seems the Martin people are ready to get behind us for developement of the area into homesites for its employes, ard we can get going as soon as we solve the water problemo Would be pleased to hear from you as to the feasibility of the plan a.rd whether or not your Citq is in position to co-operate with us alone the lines herein W£mestedo Ve-ry respectfully, /s/ n. E. Johnsonn In the discussion which £olloned, ?Jr. Shivers recommerrled that the City af ~nglewood take a firm. legal stand against all future proposed water wells '1r' sewage disposal plants alone the Platte River above the Englewood intake which might possibly affect Englewood surface water rights adverselyo Kreiling moved, Brownewell, seconded, 'l'hat, since there appears to be no reason for this Board to make recommendation to City Council, Mro Shivers, Special Counsel, be asked to draft a letter, in answer to Mr. Johnson's letter, along the lines set forth in Ur o Shivers recormendationo Ayes: Brownewell, Frantz, Kreiling, McCabe, Scott Na:vs: None Abaent: Purcell, Roboh?ll Secretaries Note: Belem is shown reproduction of letter written in answer to Ur e D Eo Johnson: Mr. D. E. Johnson Attorney at Law Box 177 Ordway, Colorado Dear Sir: CITY OF FNGLID;100D ?. Oo Box 178 Ene l ewood , Colorado September 81 1958 Your letter of July 18, 1958 , addressed to the City A ttornay of EheJ.ewood was referred to the \'lat.e r and Sewer Board in accordance with standard practices. The first meeting of the Board foll~ing receipt of yoor letter was Wedmsday, September 3, 1958~ at which meeting the l'.:latter was discussedo The City of Znclawood does not obtain its wat.er supply, nor a substantial part thereof, from wells in the Platte River Dasino To the contrary, its water supply comes from direct flow surface rights duly decreed by l.awo The pumping of wells upstream from Englewood's intake results in a loss of water to the citizens of this community by decreasing ·the surface flow of the stream. Likewise, sewer facilities loo a teci upstream would create a health problem. The City has gone to great lengths in the past to prevent such occurances and is at present in process of undertaking litigation against another commun1 ty to pro- tect its surface rightso The plan which you suggest is not considered feasible, and there is no possibility of cooperation on the part of the City of Englewoodo The drilling, pumping and use of wells for a large subdiviston up- stream would result in injury to the rights or the City of Englewood and rights of other municipalities above and below the point of that pumpingo It is the position of the Englewood Water Board that future attempts to supply water to large subdivisions by well above Engle·"" wood 1 s intake, and tm construction of sewage facilities above that intake must, of necessit.y, be resisted by the City. Very truly yours, /s/ Robert F. Frantz Chairman v:a ter and Sewer Advisory Board11 The f ollowinc letter i'rom the Colorado \'Tater Con.cress ns.s received and read: Mr. Lo n., Rudd City Manager Citr of Englewood Englewood, Colorado Dear Mr. Rudd: COLJt.'d)Q WATER cor-mRESS Post Office Dax 492 Denver l, Colorado July Jo, 19.50 The Colorado Water Congress sincerely thanks you 0 the Water i ~ I \ I -4- Advisor-J Board in Englewood and the Englewood City Council for your contribution of $250 for the use of the Congresso ·we assu..ra you that this money wil.l be u:s od wisely in behalf of state~ide efforts to protect and utilize Colorado watero We particularly appreciate the efforts of 1Jr o lfark Shivers, Jr o, special water counsel for the !mglewood Water Advisory Boardo lh'o Shivers has contributed substantial.l¥ of his personal time and effort in many meetings and conferences associated with the work of the Colorado Water Congress o CCF:bl Very truly yours, /S/ Charles Co Fisk Secretary-Treasurer COLORADO WATER CJNGRESS cc: Mr. John Barnard, Jr., Chairman Colorado Water Congress•• Mr. Shivers, Special Counsel, member of the Colorado Vlater Council of the Colorado Water Congress, recomnended to the Board that the City of Enelewood be core a. perm.anent sustaining member of the Congress an:i r.iake an annual contribution or $250.00o After discussion, Scott moved, Brownewell, seconded, That the Tlater and Sawer Boa.rd I'ecomr.iend to Cicy Council that tre City of Enelewood becOIIB a pemanent sustaining member of the Colorado Water Congress at an estimated mmbership fee of $250000 annually, subject to change based upon populationo Ayes: Naysi Absent: Brownewell, l<rantz, Kreiling, McCabe, Scott None Purcell, Robohm A second letter £ran the Colorado Water Congress was next read:as follows: ttCOLCRAOO WATER CONGRESS Po Oo Box 492 Denver, Colorado August 21, 1958 Mr. L. R. Rudd, City Manager City of Englewood Encrlewood, Colorado Dear Mr. Rudd: Your contribution to the Colorado Water Concreas, which has been most gratei'ully received, entitles your organization to a suata.ininc tiembership in the Congress o I wonder if you would be good enough to see that the attached ca.rd is properly filled out and returned, unfolded, to the Colorado Water Congress, PoOo Box 492 1 Denver l, Colorado, so that a peri:ianent record of your membership in the Congress can be recordedo Your organization will be entitled to receive at least one subscription to the Congl"E!ss Newsletter, so we would appre- ciate your designating the representative of your organization to whom copies of the Newsl.e tter should be sen to Sincerely you.rs, /S/ Ralph Sargent» Chairnans Finance Committee -s - After discussion, Scott moved, McCabe, seconded, That the Colorado Vlater Congress be asked to direct all connnunications to the Chairman of the Water ani Sewer Board C/O City Hall , Po 0 ., Box Ayes: Nays: Absent: 178, Englewood, Coloradoo Brownewell1 Frantz, Kreiling, McCabe, Scott None Purcell, Robohm The application card which a.ccanpanied the above letter of August 21, 1958, was given to Special Counsel Shivers to be filled out am returned to the Colorado Water Congress accord- ing to action taken aboveo Uro Purcell.entered and was seated with the Board. The following letter was received and read from Mr. Robert BD Lee, Attorney, Representing South Arapahoe Sanitation District; same having been referred City Council of tl'a City of Enp,lewood City Hall Englewood, Colorado Rooort Bo Lee Attorney at Law . 9 West Hampden Englewood, Colorado August 12, 1958 Attention: L. R. Rudd, City Manager rJen tlemen: ', As attorney for South Arapahoe Sanitation District, I have been authorized by the Board of Directors of said district to request the 'Written consent of the City of Englewood for the inclusion of' the follow- ing described parcels of real property within the limits of South Arapahoe Sanitation District for the purpose of providine sanitary sewer service for such areas, throur,h the South Arapahoe sewer facilitieso The Board of Directors of South Arapahoe Sanitation District has granted the petitions for inclusion of these areas, subject to the con- sent of the City of Enr,lewood, as required by Paracraph 6 ot the Connector's agreement dated Uovember 8, 1951, between City City of Englewood and South Arapahoe Sanitation District. The district ~gineers, Meurer-Serafini-Meurer, have advised the Board of Directors of South Arapahoe Sanitation District that both of the parcels of land are capable of being served by the facilities of the district tram an eneineer's standpointo The names of the owners and le gal description of the properties are as follows: Parcel Number ls CMnars: Joseph Ho Baumgartner and John Do Crumpacker Legal Description: All that part of the Northeast Quarter (NE!) of Section Twenty-seven ( 27) 1 Township Five ($) South, Range Sixty-eight. (68) West of the Sixth Principal Meridian, Arapahoe County, Colorado; except Southwind Subdivision, Filinca !Too l, 2 and .3; and except all that portion of said Northeast Quarter (NEt) which lies westerly and below the Highline Canal and except tl's right of way of the HiehJ.ine Canal.0 Parcel Number 2; Owners: Samuel Dolph and NeD.ie E. Dolph Legal Description; The Northeast quarter (NEt) of the Northeast quarter (Nii;t) of Section Twenty-three (23 ), Tcmnship Five (5) South, Range Sixty-eight (68) West of the Sixth Principal Meridian; except that tract described in Warranty Deed :recorded April 27 1 1940 in Book 432 at Page 109 and except that tract described in Warranty Deed recorded January 7, 1939 in Book 412 at Page l05J Arapahoe County, Coloradoo Your favorable consideration of this request will be appreciated by the Board of Directors of the South Arapahoe Sanitation Districto Very truly yours, /s/ Robert Bo Lee RBL:le 11 After considerable discussion and study of the area map, McCabe moved, Purcell, seconded, That the land, as dGscribed in the letter of request just read, be recomr:ended to City Council for annexation to the South Arapahoe Sanitation District, by Supplemental Agreemento Ayes: Drownewell, Frantz, Kre:Uine, t!cCabe, Purcell, Scott Nays: None Absent: Robohm Mro Rudd, City Manager, reported that a request has been received from the Mountain States Telephone am Telegraph Canpany for permission to lay undergroum telephone cable in city- owned property in part of Sections ll, 14, 23 and 26, T6 1 R69W (Old Atchison ranch property), to serve the Glen L.o Martin Company plant., Mr. Rudd also presented a sketch showing the approximate location of the necessary easenent for the proposed cable projecto Purcell moved, Kreiling1 seconied, That the Water and Sewer Board recommend to City Council that an easement for the telephone cable be granted, subject to approval of actual locatlon by the City Manager and the Glen Lo Martin Coo Ayes: Brownewell, Frantz, Kreiline, McCabe, Purcell, Scott Nays: None Absent: Robohm li!ro Babcock, Utilities Cor.rnissioner, reported that the Valley Development Company had made a verbal request far permission to relocate Well No. l in Centennial Acres, by Valley Development Company, che to interference with the layout of a proposed new shopping center. Mccabe moved, Purcell, seconded, That the matter of relocation of the well be tabled ar:rl that Ayes: Nays: Absent: h-ir. Babcock ask that a representative of the Valley Development Company present more specific details on the proposal at the next regular meeting of the Board. Brownewell1 Frantz, Kreiling, McCabe, Purcell, Scott None Rob ohm Mr. Rudd, City Manager, reported that some $,3L.O,OOOoOO of the presently outstan:iing water revenue bon:is are eligible for call on December 1 9 1958, and that several Bondine Houses have shown an interest in t~ matter of refunding of these bonds at a better rateo Brcmnewell moved, Purcell, seconded, That the Water and Sawer Board recommend. to City Council that the possibility of refunding of $3u0g000a00 of present 3~% Ayes: Nays: Absent: water revenue bonds,, elieible on December 1, 1993, be investigated to the i'alles t. Brormewell, Frantz, Kreillnc,. LicCabe, Purcell, Scott None Rob ohm Mr. Rudd, City Manager, reported that a maeti.ng had been held recently between offici8.ls of the General Iron Works Company, Mayor Scott, Mro Purcell and himself without definite decision as to a tine when the Company might desire conmction to the Filglewood water svstemo Mr. Shivers, S?ecial Counsel, stated that he was not full.y prepared at this time to report on the status of the offer by Mr .o funn to sell 25 shares in Mc.Broan Ditch @ $300000 per shareo Mr. Babcock, Utilities Comnissioner read and discussed the following notes relative to a meeting at which he represented the City with members of the Scenic View Water District, held September 2, 1958: '*The District wanted to know: l. Who would pay for the cut-off from Denver and the Tie-in to the Rnr~lewood s;;stemo 2. Who would .furnish and install the fire hydrants and who would maintain themo (There are tees for four -there should be seven) J. \'iho would maintain their system. 4o Agreement as to use of their lines to get water to the W. Warren - s. Vallejo Association lines and other areas not being now served to the north and northeasto )o. Date for cut-off After considerable discussion on the above questions, it was agreed that the attorneys would draw up a preliminary agreement between the City of Enr,lewood and the Scenic View Water District for review by the District and which, among other things, would incorporate the answers to the above questions o Yr .. Young, attorney for tm District, stated that he would contact the Denver Vlater Board relative to a sup9lementary agreement deleting the area now being served by the District within the City of gnglewood .. There was some discussion as to the merits of serving the whole district with EnglEMood water but was finally' decided, by the District, that this would not be advisable o 11 After some discussion b" r:lembers of the Imglewood Water and Sewer Board, it was agreed that ltro Shivers, Special Counsel, be asked to contact and work with Mro Youne, Attorney for the Scenic View Water District, in drawing a preliminary agreement bet.Ween that district and the City of EnelfNood. tfayor Scott reported, for informational purposes, that a recently' submitted small subdivision plan to be known as Snowbarger Subdivision, had been apiroved with an agreement to allow the continued use of a deep well 'Which serves only one site and is looated in the street right-of- wayo The agreement will terminate in five years or upon coMection of the site to city watero The right of easement, etc. is being handled by City Counoilo - 8 - Mayor Scott stated that City Counsel had aslced that the Ci-cy-Water and Sewer Board consider the possibility of an annual retainer fee for Special Counselo After some discussion which pointed up the value, both in the past and in the future, for Sf'8Cial counsel on water matters, Purcell moved, Kreiline1 seconded, That the ~·:ater and Ss1er Board recommend to City Council that the7 authorize payment of :";100.00 per month retainer fee to the Special ','later Counsel, affective January 1, 19.590 Ayes: Nays: Absent: Browr.ewell, Frantz, Kreiling, UcCabe, Purcell, Scott None Rob ohm A short discussion was held relative to possible consideration of allowing inclusion of the Denver-owned land southwest of the City, approximately' one square mile in area, in the South-Ea.st Englewood Water Districto Mr. Babcock was ai:!ked to report, as soon as possible, on the maximum number of water taps that can be served by the South-East Englewood Tiater District regardless of the size of the area, until more water and facilitie s are availableo After a brief discussion on the subj e ct, Purcell moved, Bro.mewell, seconded, That the Water and Gewer Board reconmand to Cit:y· Council that the Uayor, as F..nglewood Trustee, Tri-City Trust, be aut.horized to vote, in the best interests of the City, at the next meeting of the Tri-City Trusto Ayes: Brownewell, Frantz, Kreilinr,, McCabe, Purcell, Scott tra.~rs: lT011e Absent: Robohm There being no further business to come before the Englewood Water and Sewer Board, the meetine was adjourned at ll:.50 Po Mo Approved --~----~---------- Date: Subject: Recommendation: M.EMCRANDtrn TO THE 1<:NG Lm.'lOOD CI TY CCXJNGIL REGARDING ACTION CR !"l ECa .:r.~mmt1.TION OF THE ENGLEWO OD HATER AND SEVER Bl\RD September 31 1958 Sustaining Membership -Colorado Viater Congress That the City of Englewood become a permanent sustaining member of the Colorado Water Congress at an estimated membership fee of $250000 annually, subject to change , based on population changeo Respect.fully submitted, Date: Subject: HElHRANDUM TO T!JE ENGIEWOOD CITY COUNCIL REGARDING ACTIJN OR RECOHMF.NDATION 01'' THE ENOLFXIOOD \'TATER AND SE\fER BO\RD Annexation of Additional Areas to South Ara?ahoe Sanitation Districto Recornmendation: That the following described lands be allCMed to annex, by SU?plenantal agree~nt, to the South Arapahce Sanitation District: Parcel Number l: All that part of t,he Northeast Quarter (NE~) of Section Twenty-seven (27), Ta.vnship Five (5) South, Range Sixty-eight (68) West of the Sixth Principal Meridian, Arapahoe County, Colorado; except Southwind Subdivision, Filings Nao l, 2 and 3; an:i except all that portion of said Northeast Quarter (NEt) which lies 'Westerly and below the Highline Canal and except the right of way of the Highline Canalo Parcel Number 2: The Northeast Quarter (NEt) of the Northeast Quarter (N~) of Sec·tion Twenty-three (23), Township Five (5) South, Range Sixty-eight (68) West of the Sixth Principal Meridian; except that tract described in Warranty Deed recorded April 27, 19h0 in Book 4.32 at Page 109 arrl except that tract described in Warranty Deed recorded January 71 1939 in Book 412 at Paga 105; Arapahoe County, Colorado'l' .Respectfully subnitted, EI1GIE:lOOD \'TATER AlJD SFl'lffi. By: Date: Subject: Recomenda ti on: MEMOONDUM TO TfIB ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RF..COnffiNDATION OF 'lliE FNGL1WTOOD WATER AND smm BOARD Sep~r.iber 3, 1958 Easement for Underground Telephone Cable to Serve Olen L. Martin Com~ny That an easenent for undererourrl telephone cable in part of Sections 11, ~, 23 and 26, T6~ R6~'i (Old Atchison ranch property),, to serve the Glen Lo l!artin Company plant) be granted, subject to approval of actual location by the City 'Manager arrl the Glen Lo Martin Companyo Respectfully submitted, RD By: Robert F o irman Date: Subject: Recommendation: MmORANDUM TO THE IllGLEWOOD CITY COUNCIL REGARDJNG ACTION OR RECO~n.1ENDATION OF THE mTGLE\'lOOD VlATER AND SEWER BOARD Septe~bor 31 1958 Possible Re.fuming of Present 3i;;€ Water Revenue Water Bonds That the possibility of refurrling 0£ $340,000oOO of present 3~% water revenue bonds, eligible on December 1 1 1958, be investigated to t,l'a f'ullesto Respectfully subnitted, ENGWVOCD WATER AND SE'v'fER By: Rd'>ert F o irman Date: Subject: Recommendation: MEl!ORANDm.t TO THE EMGIE,'/O(J) CITY COUNCIL REGARDDlG ACTION CR RECCt.lt.!BNDATION OF THE ENGLEVIOOD WATER AND SEWER BO\RD September 31 1958 Retainer Fee for Special Counsel That City Council authorize payment of $100000 per month retainer fee to tl'B Special \'later Counsel, effective January l, 19$90 Respectfully subnitted, 00 IEWOOD WATER AND SEW:&& By: Robert F o Frantz rmm Date: Dater Subject: Rec or.unenda ti on: M~.{:RANOOM TO THE W.NGLEWJJD CITY C:xJNCIL REGARDING ACTION OR RECO?.H.fl!;:JDATIJN '.)F l'HF. FNGIEWOOD WATER AND SEXIER BOARD September 3, 1958 Tri-City Tnist Meeting That City Council authorize the J,tayor, as Enr,lewood Trustee , Tri-City Trust, to vote, in the best interests of the City, at the next meeting of the Tri-City Trusto Respectfully sulmitted, ENOI.EW OUD WATER AND SE1YER B~RD Bys Robert F. Frantz hai.n:an