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HomeMy WebLinkAbout1963-03-12 EWSB MINUTESI ,. RIDULAR MEETIID ~OOD WATER AND SEWER BOARD ... MARCH l2JI 1963 The meeting was called to order by Chai.J:man Frantz at 5:10 PoM(I Members Presen:;g Members Absent~ Other City Braun, Brownewell.9 Frantz~ Percef'ull Oliner» Parker, Robohm Of:f'icials Present: Utilities Director Babcock» City Attorney Esch Mro EschJl City Attorney» presented:;; f'or consideration of the Board$ the final draft of an Ootion To Purchase Water Righ~J) which» when i'ully executed, will provide for the City of Englewood to purchase from School District Noo l~ Arapahoe County$ 14.o 75 inct>:es of water from the City Di tch,p upon fulfillment of the provisions of an existing three year lease of same rights9 said lease having been fully executed under date of January 2, l96Jn Mr., Esch reminded the Board that the option to purchase agreement had been tentatively approved;i by the members present at the regular meeting held February 12, 1963, subject to conpletion of negotiations for» and inclusion of the priceo Mro Esch stated that the current rate for these rights had been established at $400000 per inch and that based upon thiss the total price for l4o7~ inches.!l or $5,900000 had been included in the option to purchase agreemerrto Mro Esch pointed out to the Board that the documsnt had been signed by the proper officials of ·the Board of Education and should now be ready for recommendation to City Council for final approvalo After short discussion~ Perce.t'ull moved:i Brownawell9 seconded,9 That the Water and Sewer Board reconmend to City Council that the Option ~ Purchase !!_atei: Rights agreement, pro- viding for the City of Englewood to purchase from School District Noo 1 9 Arapahoe Countys 14075 inches of water from the City Ditch$ at a total price of $$,900o00p be approved and executed.9 as presentedo Ayes: Braun» Brownewells Frantz~ Parcefull Nays: N:>ne Absent: Oliner, Parker» Robohm The following correspondence.I) relative to sanitary sewage overflow as involved in the Columbine Water and Sanitation District litigation, was presented and read by Mro Babcock.? Utilities Director: (Also see Water and Sewer Board Minutes of February 128 196Jo) "INTER--OFFICE MEMORANDUM Mro Harold Ho Babcock,, Utilities Director DATE: March 61> 1963 FRCMs Mr., Stanley Ho Dial, City Manager SUBJECT: RECOMMENDATION RE: OOLUMBINE WATER AND SANITATION DISTRICT SUIT The City Council~ at its meeting last Monday evening9 considered the recommendation Of the Water and Sewer • ..,. 2 ..... Advisory Board regarding a possible settJ..ement of the suit which ha<J been brought against the Columbine Water and Sanitation District regarding the physical arrangements that have been ma.de by that District to handle sanitary sewage overflow in the event of failure of their lif't station near the South Platte River and the point of diversion for the Brown Ditcho The City Council discussed this matter, but had some reservations regarding tald.ng final action on the reconunendation of the Water and Sewer Advisory Board_, The Council moved to request the Water and Sewer Advisory Board to review this matter and to make another recommendation to themo In addition., the Council requested me to obtain a reconnnendation from you» as Director of Utilities, distinct from the recommendations of the Water and Sewer Advisoey Boardo It is my understanding that you have not been requested to present your recommena- dation to either the Water and Sewer Advisory Board or to meo I would» therei'oreJ> appreciate your review of this situation and I am requesting that you submit to me your reconunendation regarding the proposed settle= ment currently under considerationo I would appreciate receiving your communication and recommendation at your earliest convenienceo /S/ STANLEY: Ho DIAL City Manager SHD/ij II nINrER...oFFICE MEMORANDUM MRo STANLEY Ho DIAL» CITY MANAGER DATE: March ll~ 1963 FRO?-h MRo HAROLD Ho BABCOCK,? UTil.ITIES DIRECTOR SUBJECT: RECOMMENDATION RIDARDING COLUMBINE WATER AND SANITATIOll ntSTRICT SUIT In answer to your Memo dated March 6» 1%3~ I shall endeavor » herewith~ to explain the facts that have caused this matter to devel.op into a very difficUl.t a?Xi controversial situation and will also attempt to make a recommendation that would be in the best interest of the Cityo First$ I want to say that as head of the Utilities Department I consider it part of my responsibility to <b everything in Jl\Y power to pro= duce saf ee potable water~ and where ever possible to prevent contamination in the City• s source or supply o This .o I believe$ I have succeeded in &>,, 1ng during the eight years that I have been with the City as evidenced by the recordso This has meant~ aJJK>ng other things» becoming a "watch dog" along tne South Platte River above our intakeo Thus, as soon as I heard that the Columbine Water and Sanita-tion District had constructed an over... fiow line from their sewage lift station t.o the South Platte River.1> I imme ,, diatel.y becans Vf!!r'Y much concernedo I got busy making contacts9 inveatiga- tions 9 writing letters9 etco - J ... My investigations disclosed the followi~ pertinent !actsr l• The lift station has been operating as ·such tor approximately six yearsc-During that time the report from tbe maintenance cont.raotor was that there had been only two malfunctions or the pumpso 2o That; when these malfunctions did occur, 'the over.flow entered into the two ponds adjacent to the lift; stationo 3o Objections were made to this situation to the District by the Country Club Members due to alleged odor from the ponds 3 and al so by cer~ tain shareholders in the Brown Ditch alleging 'that water from the ponds got into the ditch thus causirlg contamination of the ditch water which was used during the sWllTler by both Littleton and Englewood as part of their municipal supplyo The new 8-inch emergency discharge line has eliminated this objec- tiono 4o The District claims that as a result of the pressure put on them, due to these objections, they decided to install the &-inch overflow line to the South Platte Rivero However, thEf' neglected to advise either Littleton or Englewood of their plans or obtain prior approval of their plans and specifications before starting constructiono As the situation now stan:ls it would appear to boil down to two main questions~ namely: lo In the case of any mal.function of the lift station whereby raw sewage will be by ... passed to the Rivers will these particular possible inci- dents of this particular lift station create sufficient. pollution to be a danger to the water supply or Englewood? 2o If such incidents are considered d~erous pollution; what would be the most practical way to eliminate such a hazard? In regards to the first question, I might add that an attempt was made to have this answered by the Colorado Department of Public Heal th w.t th .... out too much successc-They did however check into the· situation am finally came up with a written opinion that would be no help to 1:he Oi"tur in backing up any legal case we might haveo This opinion dated October 22~ 1962 and signed by Mro George Prince stated in part., as £ollovs: 11 A.f'ter reviewing this information we do not feel that the occasion- al use of the emergency-discharge would have any measurable effect on the water supply of the City of Englewood,. The treatment facilities of the Ci'tjy of Englewood are of such character that 1he water would still be within the treatability range for the facilities providedo" I might also add that while I am aware that even one incident whereby the water delivered to our customers was unsafe would be one too many, it woul.d be dif'fioult to prove that the cause could be from this sub- ject lift-station or from some other lift.stations that are in the same neighborhood and are also possible sources of pollutiono In regards to the second question.II the solutions advanced have been as follows: lo Eliminate the lift-station entirelyo 2e Dispose Of emergency over-fiov Of sewage into something other than the South Platte River or the Brown Ditch., 3o Arrange for entire ernuent to be disposed Qf into another District1 s linee whereby the lift station could be eliminated(' 4o Take the whole matter into Court and let the Court decide what shall be done, if SJVthil'lgo As to No .. l above , this would be inpossible at the. present time for obvious reaaonso -4 .... The only possiblity under Noo 2 would be to extem the present 8-inch overnow line across the river and connect to an erlsti~ trunk sewer line on the east side of the river belonging to another Sanitation Districto However; this would require a syphon under the Rivero The nature of the infrequency and amount of flew would result in unsatisfac- tory function of the syphon and could create a worse condition than what exists nowo Umer Noc 3 it is DtV" information from their ergineers that the Southwest Metropolitan Water and Sanitation District has plans in the near future to construct a ,36 -inch trunk line down thru the middle of the Col- umbine Country Club area and connect with their trunk: line on the east side or the Rivero I also have been informed that the Coluni>ine Water ard Sanitation District is interested in the possibilities of being per ~ mitted to connect their system into this proposed 36-inch trunk line if engineering wise it is feasible; in ercehange for certain right ... of ... way considerationso Their sewage would then go to the Littleton sewage treatment planto The involvements; ramification and possible results of Noa 4 are too COJ1¥>licated to be able to predict what the final o·lltcome could beo I would be glad to discuss some of these conplications with you if you so desirep Solution No. 5 would comprise of some such legal agreement as prepared by the attorneys azd recommended to Council by the Water and Sewer AdVisory Board at the last meeting., After the preliminary hearing for this proposed suit.., it was generally agreed by all parties that a coq>romise in the form of such an Agree~nt woul.d be the best solution in light of the £acts preeentedo While such an Agreement~ even with guaranteed conpliancei might not solve this problem 100%.11 at least the possibilities of a mal~ function and the danger resulting from such a malflJll\ction will be greatly minimizedo It would be 11\Y' recommendation that the Agreement as proposed by the Attorneys be epproved.11 without prejudice; until an alternate solution can be worked out whereby either all of the sewage ernuent from Columbine Valley can be disposed of by other means than the use of a lift station; or a satisfact ory method can be devised wheeeby the emergency overfiw from the lift·u station can be diverted into something other than winding up in the South Platte River or 'the Brown Ditcho When and if such a solution can be determined as .feasible.:i I would rec- comend that the Columbine Water am Sanitation District be forced by all the authority the City has.11 legal or other wise» to revise their system accordinglyo Otherwise the provisions of the Agreement would remain in force indefinitely,, Respectfully submitt ed9 /S/ Harold Ho Babcock Utilities Director Mro Esch .. City Attorney» presented and reviewed the final draft of the Stipulation and Agreement., as corrected., siooe original consideration of same » by the Watet" and Sewer Board at its regular meeting on February 1 2; l 96Jo After considerable discussion» Brownewell moved , Percefull ~ seconded, That the Wat er and Sewer Board recommend to City Council t hat the St ipulation; as presented to the Water and Sewer Board on Marc h 12 , 1 963 » to provide for proper maintenanc e • • .. 5 - of their sewage pumping station.11 proper alarm system should there be any malfunction af sane~ with iimnediate action being taken to correct same.s> by the Columbine Water and Sani tat.ion District~ be approved and eccecutedo Ayes: Brownewell» Frantz,, Percetull · Nays: Braun Absenti Oliner1 Parker, Robohm There being no further business to come before the Englewood Water and Sewer Board» the meeting was adjourned at 6: 20 Po Mo Approved __ ~--~~--~---- ! Dates Subjects RecOlllllandation: MEMORANOOM TO THE ENJLEWOOD CITY COUNCIL RmARDIW ACTION OR REOOMMENDATION OF THE ENJLEWOOD WATFA AND SEWER WARD March 12, 196.3 Option To Purchase Water Rights From School District No¢ 1 That the ~tit To Purchase Water Rights agreement, providing tor the C ~ o !iiglewood to ~ae from School District No., 1 1 Arapahoe counv, 140 7$ inches or water f'l'Olll the City Ditch, upon fulfillment or the provisions or an existing three year leaBe of same rights., said lease having been tully executed under date of January 2,, 196.3, at a total price of $$1 9000001 be approved and executed" as presentedo Respectfully submitted, EmLEWOOD WATER AND SEWER BOARD Robert F. Frantz~ crm Dates Subject: Recommendations MEMORANDUM TO THE EOOLEWOOD CITY COUl.CIL REGARDING ACTION OR RPOOMMENDATION OF THE ENlL&IOOD WATER AND SEWER BOARD March 12 9 196.3 Stipulation and A~eement; By and Between the Cities of Englewood and Littleton,, Colorado, am the Columbine Water and Sanitation District» For Settlement of County of Arapahoe.$1 District Court, Civil Action !bo 18198, without prejudiceo That the Stipulations as presented to the Water and Sewer Board on March 12.s> 1963.p to provide for proper maintenance of their sewage pumping stations proper alarm system should there be aey- malfunction of same$ with innnediate action being taken to correct same.p by the Columbine Water and Sanitation District,p be approved and executedo Respectfully submitted» ENlLE)lOOD WATER AND SEWF.R BOARD Bys Robert F o Frantz. Chairman INI'ER-OFFICE MEMORANDUM TOs Mr. s. H. Dial, City Manager DATEs April 181 1963 FROMs John D. Curtice, Utilities Department SUBJ&'!T: Water and Sewer Board MeDtbership From. Time of Its Creation In 1952 To Date Per ;your request, following is 1.hf omation relative to Wate Sewer Board membership. The original Board was known as the Water Advisory Board an as created by Ordiriance No. 4 Series or 1952, the membership ot which consisted of here appoiilted by the City Council of the City ot Englewood, together witn--·VW~lte:r...Superintendent and the City Manager as ex-o.tticio members. Ordinance No. 6, Series ot 1954, revised the soey Board membership as followes Four members appointed by resolution of together with the Mayor and two members il of the City of Englewood, ouncll. a Board known as the Water and Sewer he Cit7, two Councilmen selected by by Cit7 Council from quali.tied tax- ot six 7eara. Following is a list ot all per along with their curr dres Charles R. Allen (Deceas Herman Oliner Dr. Gatewood c. Milligan Robert F. Frantz Leonard Robohm Dr. Harry a. Weigand Colbert E. Cushing Clarence H. McCabe Edward s. Scott ADDRESS ~ 2~~ J }Grant, Englewood, Colo. ~ Ithica Ave., Englewood, Colo. 397S s. Fox 1 Englewood, Colo. 1100 E. Yale Ave. 1 Englewood, Colo. 2800 s. Grant, Englewood, Colo. 4820 s. Galapago, Englewood, Colo. 3791 &. Sherman, Englewood, Colo. C/O General Electric Comp8Jl7 3035 East 48th Street, Vernon, Cal.it. 2750 s. Grant, Englewood, Colo. (Continued PERIODS SERVED 1/28/52 ·To 3/ 1/56 1/28/52 To 12/ 2/57 and 6/ )/61 To Date l/28/S2 To 12/ 2/57 5/J/54 To Date 5/ %'4 To 12/28/SS and 6/7 51 To Date 5/J/4S To 12/28/55 5/ J/54 To 12/28/SS 12/28/5$ To 6/ 5/61 12/28/55 To 12/ S/60 Page Two NAME ADill.ESS Richard J. Purcell 271 Whitne::r Avenue, Moor Park, Cal.it. Richarl L. Banta, Jr. 2108 F.aat Dartmouth Circle, Englewood, Colo. Le L. Brownewill )098 South Cherokee St., Englewood, Colo. J obn c. Kreiling .3131 South High St., Englewood, Colo. H. R. Braun .3173 South Ogden St., Englewood, Colo. N. L. McLellan (Deceased) 3811 South Grant St., Englewood, Colo. Dr. S. C. Percetul.l 2952 South Ogden St , Englewood, Color Chalmerae A. Parker 3996 South Grant Englewood, Colo. Note: Mr. M. o. Shivers, Jr. CCa H. H. Babcock, Utilities Director PERIOD SERVED 12/28/55 To 4/ 2/62 3/ 5/'6 To 6/17/57 12/ 2/57 To Date 12/ 2/57 To l/ 4/60 and 12/ 5/60 To 1/ 8/62 l/ 4/60 To Date 8/62 To 6/21/62 4/2/62 To Date 7/16/62 To Date Has served in the capacit ot Special Legal Counsel tor this Board since betore its actual creatio to date.