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HomeMy WebLinkAbout1958-11-05 EWSB MINUTESr -· The meeting was called to order by Chairman Frantz at 3:10 ?o M., Members. Present: i~embers Absent: Other Officials ?resent: Brownewell, Frantz, Kreiling, ~urcell, Robohm, Scott HcCabe: Cit.y lfanacer Rudd, Utilities Director Ba.bcock, Special Counsel Shivers ~.h'o Don Franzmann, Ur .. Paul Franzmann and Mro Robert Har.nners appeared to d:i.scuss with the Board ths problem of securint; v1ater service in the 3200 block South Huron Street, which street is in the Franzmann-Folkerts Subdivisiono The City has been unable to open this block of South Huron dun to a.n existing power line easement which did not show on the subdivision plat as accepted by the Cit.Yo The street not havine been opened, the water main has not, as yet, been installed and power line poles have not, as yet, been movedo A memorandum,, from Mr. Jo M. Lacy, Planning and Traffic ~·irector, to the Englewood Water and Sewer Board, settinr out all phases of the problem was presented and considered in detailo (See attached copy of rnemoramu:n as a part of these minuteso) After some discussion and clarification of certain points, Scott moved, Purcell, seconded, That the \'later and Sewer Board recommend to City Council that City water be provided to serve lots 1 1 2, and 3, Block l, Franzmann-Folkerts Subdivision and that all other water taps for the remainder of the subdiviGion be withheld until the power poles are relocated and quit claim deeds are secured, by the City, front ·t.he Po-;1er Company; all contingent upon there bainc filed with the Utili·ties Director, prior to the City Council meetine of November 17, 19~8, a letter sir,nad by all property o-~ners in the Franzr.lllnn Folkerts Subdivision agreeine to the above torr.tSo Ayes: Nays: Drownew(1ll, Frantz,, I~eilinc,, Purcell, Robohm, Scot.t !Ione Absent: Mc Caba Mro Babcock, Utilities Director, repor~ed that Mro Dale Rea of F.nglewood Construction Company has approached the City with a proposal to lease certain Water tepartrrsnt-owned lands near the mouth of Bie Dry Creek 1fhere he would like to relocate his equipment yardo Mr o 'Rea has indicated that he desires to sell his present location which is just west of the City water filter plant and apparently has a buyer for same unless the City would be interested in buyf.neo Mro Babcock also presented maps which sha.ved the land which Mr. Rea desires to lease and indicated that egress arxi ingress to other City property, through the leased property-, would be made availableo It was brought out, in discussion, that the City mieht very well noed1 in tl'Y3 future, a twenty foot rir,ht-of-way through the larrl west of the water filter plant hit that it did not seem practical to buy the lando Af ~er further discussion Robohm moved, Kreilinr, seconded, That the .. rater and Sewer Board recor.unend to City Council that the Cit-r necotiate with Ur. nea of Enr,lewood Construction Conrpany for a lease of :~:i;:lewood l'!ater Do'1J.rtr.ient l.:lnds located n~ar the r:iouth of DiG ~J Creek on terms of a five year le.:ise with a i'ive yenr option1 ::;ubject to a t...-mntJ• foot rir,ht-of-111ay ease- r.icnt, in favor of the City of L'ncle11ood, throur;h the property presently owned by Dale naa, lyinr, adjacent west of the wa tcr filter pl.anto Ayes: Brownewell, Frantz, Kreilines Purcell, Robo11Ill, Scott Nays: None Absent: McCabe After short discussion on the matter, Robohm moved, Purcell, seconded, That the V/ater and Sewer Board recommend to City Council that S~ecinl Counsel be appointed for the Tiater and Sewer Board under terms of the City Chartero Ayes: Brcr.vn~mell, Fran·tz, Kreiline, Purcell, n.obohm~ Scott Nays: Uone Absent: t:ccabe Mro Rudd, City Manager, reported that it was brought to the attention of City Council on Monday, November 3, 19.58, that Supplemental Agreements to Distributor's Contract and/or Conneotor•s Agreement between the City of EnRlewood and the Valley Water District and the Valley Sanitation District had not bean properly executed on the following, hereto- fore referred to, lands: Those recommended for approval on Uay 71 1958 by the Vfater and Sewer Board and subsequently a9proved by City Council for inclusion in both Water and Sewer Districts~ 1., Hauptr:ia.n and Randall Tract 2o Walden Tract 3 o Adams Tract 4o School District Noo 7S ?roperty Those recor.imended for approval on June h, 1958, by the ,,'later and Sewer Board and subsequent~ a?proved by City Council far inclusion in Sewer District only: 5 o Duboc Tract 60 Hansen Tract Mr. Rudd otated that tho City Council had directed the ~·fater and Sewer Doard to take necessary action deemed ?roper to terminate nc~otiations for su~pler.iental acree.r.ents to cover the above six tracts; however, he had received1 just prior t.? this reetinf;, the necessary documents to cover the Hauptman and Randall Tract, Adams Tract and the School District Noo 75 pro-party on both supplements to Distributort s Contract and Connector's Ar.reement and that sans would be made available to City Council at the next Council sessiono After some further discussion, Scott moved, Purcell, seconded, That the v:ater and Sewer Board take the position that, inasmuch as the proper docurrents for the supplemental ap,reements have been received coverine the Hauptman and Randall Tract, Adams Tract and School District Noo 75 Property, there be no further action taken Ayes: ~Tays: Absent: to terminate ner,otiations on these items; but, based on the City Council directive of Monday, November 31 1958, the Chairr:ian of t.he Water and Sewer Board be authorized to notify the Valley ~>ani ta ti.on District that, due to the lapse of time since the possibility of annexation of the Hanson and Duboc tracts to said district was con- sidered, the Valley Sani tat Lon District be asked not to conclude any further annexation ar,reenents until the matter has been reviewed by this Doard and by the ~nr,Jewood City Council., Drownewell, Frantz, Kreilinr.1 Purcell, 1tobohm, Scott none 'fee ibe , -3 - Since the above em.:tm9rated Walden Tract has not, as yet, bean included in any supplemental agreement with either the Valley Water District or the Vnlley Sanitation District, and upon advice from too Secretary of both districts that t."iere are difficult engineering problems involved in serving the tract, it is, therefore, the sense of the V/ater an d Sev.er Board that there be no further action with rer,ard tr.> such tract until there have been new neeotiations with the ~'later and &mer Boardo It was report.ad by Mr. Babcock, Utilities Director, that there are. many private galvanized iron water nains in the City whim ware laid nany yeers ago and because of aee and deteriora- tion and small size are causing excessive repairs and unsatisfactory pressures, a!rl therefore , such ilia.dequate mains should te replaced, and the connecting water ta.pa changed over to City mains whenever such are installed(> It was also reported by Mr. Babcock that ther0 are many instances whera there are old, small, in.adequate private mains in streets where there have been installed adequate City mains paralleling the old main, and in rrany cases the conr:ectine viate·t• taps have not been changed (Ner from the old inadequate main to the City main., After some discussion, Scott moved, Brovm&\Tell, seconded, That the Water and SE!'Rer Board recommend to City Council that the Citv Manager be instructed to proceed• in an orderly manner, to terminate water services on private mains where an adequate City main is in existence and paralleling the private main ill the same street, and that the movement in each case or area be prefaced by the proper resolution of the City Council as pro - vided for in the Tiater Department Regulations Ordinanceo Ayes: Brownevrell, Frantz, Kreiling, Purcell, Robohm, Scott Mays: None Absent: Uc Cabe Mro Babcock, Utilities Commissioner, reported to the Boord that there are certain sewage treatment accounts both inside the City arrl outside the City, which have become delinquent, the premises covered by said accounts not being served by City wa·tero Mr. Babcock asked that the Board give consideration to a possible method of collecting such accounts. It was brought out further in the discussion that those accounts which have both ~ater and sew a ge treatment service, and might bacons delinquent, are covered in Ordinance No. 3 1 Series of 1954, which proVides for discontinuance of water service in the event the owner of the premises neglects, fails or refuses to pay the sewage treatment chareeso After sane discussion, Purcell moved, Robohm, secondad, 'rhat the Water and Sewer Boord recommend to City Council that there be initiated the mcessary legal procadures to collect delinquent sewage treatment accounts covering properties where C~ty water is not served. Ayes: Browmwell, Frantz, Kreilinc:, Purcell, Robohm, Scott Uaya: Nor.a Absent: UcCabe Mr. Shivers, S:;>ecial Counsel, re,orted briefly on the unnual reotinr;s or the follcminc organizations which he attended recently, representinc the Citi'{ of Enelewood: The Nevada Ditch Holding Company: There was only one opening on the Doo.rd of Directors to which :Mr o Ao no Yiilliams was elec tedo ~· -h- The assessment for the next year will be the same as the past year a There ara a total C1f 260 shares in the Company of which too cities of Denver, Littleton and Enr,lewood own 1930 The McBroom Ditch Compan;y: The Company will be served by the same Board of Directors o The Financial Report indicated an approximate $90000 deficito The assessment for the next year will be the same as the past year o --- Mr. Babcock, Utilities Director, reported that the sustaining mambership certificate for the Colorado ·water Conr,ress had been receivedo Toore beine no further business to come 'before the EngJawoo t Vtater and Sewer Board, the metin(. 'Was adjourmd at 10:20 P. 1.o 4. ~ Curtice Approved ------~------~ TO : Water Advjsory Board FROM : Planning Office .. :N'rER-OF!i'I CE ME ORANDUM DATE: November 3 , 1958 SUBJECT: BACKGROUND AND STA'tUS OF FRANZMANN-FOLKERTS SUBDIVISION RELAT IVE TO WATER SERVICE This memorandum is designed to bring into focus a situation in the subject subdivisiono The situation seems to warrant deviation from current policies for the installation of water distribution lines within the City limitso A suggested solution in paragraphs 18 -21 to the problem pictured in the earlier paragraphs is the result of consultation between the City Manager, the Utilities Director and the Planning Directo:r and private parties concernedo lo In the fall of 1957, the Franzmann brothers and Mro Folkerts approached the City on possible subdivision in what is now tho 3200 block of South Huron Streeto 2o On January 6th, 1958, the plat of the area was approved by the City Council upon the recommendation of the Planning Commission, and filed with the Countyo 3o In February of 1958, the Franzmanns approached the Colorado Central Power Company to have a power line and poles existing near the middle of South Huron Street in the 3200 block relocated in order that the street could be openedo Colorado Central Power records showed that the poles stood on an easement originally purchased from the Folkerts 0 portion of the subdivision and that a fee of $4,000.00 must be paid by the subdividers to move the poles since they carry high voltage lines. 4o The Franzmanns approached the City with the problemo Reference of the matter to the City Attorney revealed that the responsibility for moving the poles belongs to Folkerts since his dedication of the property to the City was co11tingent upon the portion so dedlcated being unencumberedo 5o Don Franzmann contacted his own attorney (Richard Graham) who substantiated the City Attorney 0 s opiniono 60 The Franzmanns then contacted Folkerts who indicated he was not in a position to move the poleso (By this time a minimum cost estimate of $2,500.00 for the pole relocation had been provided by the Colorado Central Power Company.) 7o Both Franzmann and Folkerts have been attempting to sell their platted lots since the subdivision was accepted by the City with no successo So Don Franzmann contacted Harold Ho Babcock, City Utilities Director, during the spring of 1958 and was told that the City would construct the necessary water lines as needed. This decision by Hr. Babcock was made upon etudying the plat which does not show the existing power line or easement for sameo (Continued) Water Advisory Board Page 2 November 3, 1958 9. Don Franzmann applied for and received a building permit in mid-Aur;-ust of 1958 for a house on Lot No., 2, and began construction thereof. The permit was issued upon reference to the same plat mentioned in Paragraph 8 above. 106 Don Franzmann also sold l~t Noo 3 to a Mro Robert Hammers, but cautioned Mro Hammers to be sure and confirm the availability of water service befo1•e finalizing the purchase. llo Mro Hammers was told by the City Utilities Depart- ment that wa·ter would be available to Lot No. 3 when neededo This decision was again based upon study of the plat which does not show the power line or any easement for sameo 120 Upon learning of the availability of water service, Mr. Hammers bought Lot No. 3 from Don Fra.nzmanno 13. Mro Babcock began detailed engineering work for construction of the requested water lineo In doing so, he found the poles had not been moved and requested a conference with the City Manager~ 140 At the conference between Ur. Rudd, Mr. Babcock and Mro Lacy, the City's polic1 requiring tha.t a street must be open for normal traffic as dedicated before utilities and building permi.ts are issued was x•eaff irmedo 150 On October 15th, Mro Babcock sent a letter to the Franzmann brothers stating the results of the conference. A letter was also sent to the Colorado Central Power Company apprising them of the wishos of the Franzmanns to sell and develop their lotso 160 On October 20th, Don Franzmann joined in a conference with Mr. Rudd, Babcock and Lacy to discuss the situationo In the conference it was revealed that Folkerts has reduced the price of his lots (Nos •. 2 through 10) to ~bsorb the $2,500000 fee for moving the poles. Sweetman Agency is agent for the property and has been informed of the purpose of this price reductiono 17 o The Fx·anzmanns ~ immediate problem stems from the fact that Don Franzmall.D is constructing a house on Lot No. 2 and another house is to be constructed on Lot No. 3 by Mr o Hammers. Both pa~t.1es have been told by the City that water will be available under normal City policies. 180 The Franzmanns are agreeable to any decision which the City may deem necessary to serve Lots 1, 2 and 3 (Paul Franzmann°s home is on Lot Noo 1) with water within the near future even if Lots 4, 5, 6 and 7 must be "tied up" until the pole line is moved., 190 A summary of the October 20th conference is as follows: (Continued) Water Advisory Board Page 3 November 3, 1958 (a) Folkerts understands that the poles must be moved at his e>;;;pense before his lots (2 thru 10) are developed. (b) Franzmanns are •illing to "tie up" their lots (4 thru 7) until the pole line is moved in exchange for water service to Lots 1, 2 and 3 in the next few weeks. (c) The City Manager does not have authority to grant such a variance in poU.c)';; and so an approach through the water Advisory Board to the City Council should be made by Don P'1anzmanno 20. It was suggeeted that Franzm8lln appear before the Water Advisory Boa.rd on November 5th to request that water be provided to Lots 1, 2 and 3 in light oi the events recounted above and that all build:ng permits in tle remainder of the subdivision be withheld until the pole line has been relocated. 21. Mr. Folkerts discussed the foregoing proposal with Mro Rudd, and Lacy on October 21st and stated that he was in complete agreement with the movemento JMI../ij 1.. Date: Subject: Recommendation: MEHORANDt:nJ TO THE G:NGLE'\JOJD cm COUNCIL nr·nA11DING ACTION OR RECO..U,1ENDATIJN OF THE E:NGLEWOOD YIATER AND SEWER BOARD No1Tember 5, 1958 Water Service for Franzm!Lnn-Folkerts SUbdivision That City water be provided for lots 1 1 2, and 3, Block l, Franzmann-Folkerts Subdivision and that all other water taps for the remainder of the subdivision be withheld until the power pc,les (now in South Huron Street) are relocated and quit claim deeds (for the poner line easement as it now exists) are secured, by the City, fran the Povser Company; all contingent upon there being filed v1ith the Utilities Director, prior to the City Council meetinr. of Nover:iber 17, 1958, a letter sir;ned by all property owners in the Franzmann- Folkerts Subdivision agreeinr, to the above termso Respectfully submitted, Ei!GJ}ij,iQOD rIATill J,m SE'.'IER n .').\RD B<.r: Robert F o Frantz airman Date: Subject: Recommendation: HE~J~UDITT.{ TO THl~ m!GJ..E','/OOD CI'IT COJtlCIL RRGARDING ACTIJN OR RF,COi·Il.ffiNDATION OF 'I'HB mmIF..iOOD 'iiATER AND SEt'IFR BOARD Novenber 5, 1958 Proposed Lease of Land to Dale Roa, Encle-:wod Construction Company That the City negotiate with ?.Ir. Dale Rea, l.!:nr;lewood Construction Company, for a lease of Englewood Water De:,Jartment-owned lands located near the mouth of Big Dry Creek on terms of a five year lease with a five year option, subject to a tvrenty foot right--of- way easement, in favor of the City of ~nr:lewood, throur,h the property presently owned by Mr o Rsa, lyi?lf, adjacent west of the water filter planto Respect.fUlly submitted, ENGLJ•!JOOD WA TFR AND S~~ER BO\RD By: Robert F o irman Date; Subject: Recommendation: WlJCRA.NDm~ ·ro TH& l:NfH..E'.'10:')D CITY COJNCIL RROARDINO ACTIJN OR RECO"lrfi:NDATION .JF l"TTE Er10L"'i.'.O:D ','/ATER AND Sfi~i'l<:R BOARD November 5, 1958 Appointment of Special Counsel for Water and Sewer Board under Terms of the City Chart.ero That Special Counsel for the Water and Sewer Doard be a'?pointed under terms of the City Chartero Respectfully submitted, E!!8tr:.; )()D i'J.'i.'fEil !~!m SE'JEa D'.l\:1.D By: Robert F o Frantzr/ ~ 2Y Date: Subjects Recommendation: MafCliAtlDUU TO THE F.NG!B',roQD CITY COONCIL REGARDn.!G ACTI'.)N CR RF.COHl!EUDATION OF THE ENGI.JH:VIOOD WATFR MID $EWER BO\RD Uovember 5, 1950 Termination of Water Services on Old Private Mains ar.d Changing over to City Mainso That the City Mamger be instructed to proceed, in an orderly manner, to terminate water services on private mains whei-e an adequate City main is in existence and paralleling the private main in the same etreet, arxi that the movement in each casa or area be prt\faced by the proper resolution of the City Council as provided for in the Water Department. Regulations Ordinanceo Respect.fully submitted, RNGLE\'JOOD YIATffi AND SEVmR BO\RD By: Robert F. irman Date: Subject: Reconunendation: t!EUORAllDlJU TO TIIB Ermm:roon CITY CCXJUCIL UEGAHDD'G ACTI:J-i 00 RECOI.!I .IB!lD1\TIOH OF THB GNGU~JOOD "\'fATim AHD SE'i'.'EU D'.)ARD November 5, 1958 Delinquent Sewage Treatment Accounts on Premises where Citu Water is Not Servedo That there be initated the necessary legal procedures to collect delinquent sewage treatment accounts covering properties where City water is not servedo Respect:tUlly subnitted, F}JGLEl'iOOD WATm:?. AND SE\7FR BQ\RD By: Robert F o Frant:k.~ Clialrman /)-