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HomeMy WebLinkAbout1997-09-23 WSB AGENDAAGENDA ENGLEWOOD WATER AND SEWER BOARD SEPTEMBER 23, 1997 5:00 P.M. ** COMMUNITY ROOM ** ** PUBLIC MEETING ALLEN FILTER PLANT FINAL DESIGN ** (ATT. 1) 1 . MINUTES OF THE AUGUST 20, 1997 MEETING. (ATT . 2) 2. GUESTS: VALLEY SANITATION BOARD REPRESENTATIVES AND ATTORNEY. 3. GUEST: 3605 S. BANNOCK ST. -MIKE GEASON. (ATT. 3) 4. LETTER FROM DAVID HILL DATED AUG. 26, 1997 RE: THORNTON SETTLEMENT. (ATT. 4) 5. INFORMATIONAL ITEMS: A. LETTER FROM COLO. WATER RESOURCES & POWER DEVEL. AUTHORITY RE: REVENUE BOND LOAN. (ATT. 5) B. LETTER FROM DOUGLAS COUNTY DATED SEPT. 5, 1997 RE: WILD AND SCENIC RIVER. (ATT . 6) C. DENVER POST ARTICLE DATED AUG. 15, 1997 RE: GOLDEN CASE. (ATT. 7) 6. OTHER. t 1•s ap..;• """".,..,., .:n a po ot..-••...C.• Cq..yt...,i 11 1...-A. Aio Mto,.._, 1'6."I A•-"'•""..,>11 Englewood Herald· August 28, 1997 • P•ge 29 I ,earn to call 91 l quickly if you have one or more symptom s of stroke, like n11111b11ess in one side of the fac e or oue limh, sudde n di11111 ess or loss of vision, lo s s of speech , sudden severe headache or tlizzi11ess along with the ahovi: sign s. (:all 1 -BOO -AI IA -USA 1 to learn more about stroke symptoms or visit ht tp://www.amhrt . org m1 the World Wide Weh. American Heart~ Association .. ~ F/ghfin9 tloall OINa~ andSllol<• PUBLIC LEGAL NOTICES .... YOURRIGHTTOKNOW ~ IJISlJllCT COURT NORTH CAROLINA COUNTY OF ARAPNIOI! 8TATI! Of' COU>RADO JOHNSTON COUNTY C...Ho.97PR6:zt Eslal4 "° IN THE GENERAL COURT OF JUSTICE INllTIAN9 WICS<f DISTRICT COURT DIVISION NOTICE OF HEAAING BY PUULICATlON ALE NO. 97 CVD 1308 "'Re Matt• ot lHE f:SlATE OF BRaTIANIE Vl'aN(.AUllo. MARK EDWARD l&c;N\Nett , PlalnUll TO; STEVE ZIESK. wt10H la &t known ... dtiet•tS~ aELISSA H1HIUE McHIHCH, Delendant A.l'liUrtOg0111fl11Pet1tlontof~1 WilhOUI Adol.lnh,l1aJor1 at Eatate Ind NOTICE OF SERVICE OF PROCESS BY PUBLICATION PeUUon tor Af»proul ot P1opoH1d ~lor~Virw::.•b ,_pu-. TO: MEUSSA ... UElll.:NIHCH.h_..,.,_., e:-r::.=i.:~:z ::""...! I AKE NOl U hM a plaadnQ ..... 18 ,_.., ~"1. you hos bMll tkld Sl N llbovo--*Nd ~ llCl'.::ldflr1 DCCunr9 QnOf -n • .-roolh-l*lgaa-'llf'CleM-' --•IO"-.U-.... 11'80 by ... ~~ 1Jgn1d with thil Cour1 , 7325 SD1olth •an~ cholw bued on M!Plrllian DI rl'Dlc hf\ one,..... Pol<WMC Sh.et, lnglewood. Col0<ado You.,.._ ............... lo-1pio"""11nol .... fWlh1111 moyol ~. 00112. 11 1dled1'6sd fot OCTOBER 1. 1W7.--~.a-.......... _ ..... _.,, ........ _ .. tan, 11ta.:m a..nt •• or11...,d;,d.-tt 'llhcil ~ .. --..... --·--ond""'" .......... '° ... '°· ... _ .. _....., ... _ ~-Ill*"'""' .... '""'" .. """"'"'"" ... _... P..-Joy,,..,,._. .. ,-.................... Jhl,,_f8Ctldl¥yof~1'JQY ......... Colooodo "°° 17 t:IOJ\ 7M-7M .. ENGLEWOOD UTILffiES DEPARTMEHT NOTICE OF lr.rf!OVEMENTS TO ENGLEWOOD WATER TIIEAlUENT PLANT ENGLEWOOD WAlEll CUSTOllERI ' _ .. ,,_.,, ___ ,,..City .. ~==·::.::::=u:r...: -·-l .,...""_"" .. """ ~ .:r.=~-~9s'L~~t:t;:t IO dlacuu ... ~ ........... IAG Mf ~.,.. _.... MIU•lten -!:: ~ "::""~ .:".!£::: =~::.~~=~·:~a:.:·. -,""""9'1F.w.,. for""'" In~ c.-712·2'3S. ,..... ...... """"' .. ·'"' r...-Hor•-1 ENGLEWOOD NOTICE OI' POBllC llEARIHQ ~.: ~"'J ~~~~ ~s:.,~~.~ IS, ttl'/, * '"°' P-"' . In h C<ry ccudl Cha1nbars , C1ly Hall. 3400 Sauth Elati Slr9iet. ~-Cotoradu The fU· p<Mi8 ol the hUriilQ le to rec:ci v• Cl\jJ:f'l l ............. nr..gt>o1-~!>..cl O<t ~~~reMPfHSor~~ 10 be 1ocuiYedx•~• Uy 5 00 ~I ' 16 . 1997 A"'°"" -· ?i'! al IN Public. He•~ °"'"'" lllb, 7&2-2 .. .,,........,., .... ..., lhtet.,,,,, be ilW.--ii .. 4.lOI . Bycnlo<olh~C...,C<ud l.ouc>Wi• A. Elil. QJICJ~ Clya.4 MOOSGuhDll>S• ... E-. Cdo<odo tl0110 ~*' Au:loal 21. t987 PUBLIC NOTICE OF NAME CHANGE C.\5£ H0.17ClllOCI PUBLIC NOT.CE is given lh•I on i\ugust t8, 1097 . by an OAOEA ol thc CounlJ Court, Ar•pr.tio• Co untyi Colorado , the l ~lo•i ng n.t.me "'" .. _ 1lw oanie ut. SARA l YNrd: CHRISTNER wntf"llwlOedk>· SARA l YNHE. GRlfflH .hW;1 K Wl.-wlf'<J o..kd...,COU<'C)'Cw'1 BY l</Joc,jjynM<C<vnb 0.,.UyOm• fW~Alq4128. 1997 LM1~5C11P'111eetlt .IW I ~...,. ..... IKJ I -···~--····~--, NOTlf,!LT.2_ C:f'J!>.'YORS ):: ........ --• AT 7. ~ WATER AND SEWER BOARD MINUTES AUGUST 20, 1997 The meeting was called to order at 5:05 p.m. Temporary Chairman Wiggins declared a quorum present. Members present: Habenicht, Higday, Otis, Guy, Vobejda, Wiggins Members absent: Clark, Neumann, Burns Also present: Stewart Fonda, Director of Utilities Bill McCormick, Operations Supt. 1. MINUTES OF THE JULY 8, 1997 MEETING. The Englewood Water and Sewer Board Minutes from the July 8, 1997 meeting were approved. Ms. Habenicht moved; Mr. Otis seconded: Ayes: Nays: Members absent: Motion carried. To approve the July 8, 1997 Englewood Water and Sewer Board Minutes. Habenicht, Higday, Otis, Guy, Vobejda, Wiggins None Clark, Neumann, Burns 2. GUEST: GREG DYE -CAMP, DRESSER & McKEE. RE: THIRD AMENDMENT TO AGREEMENT AND ALLEN PLANT PROJECT UPDATE. Mr. Dye reviewed the proposed Third Amendment to Agreement which is for additional design investigations that will address the following; retrofitting Filter No. 4 to prevent filter pipe gallery flooding, designing overlfow and discharge structures for both the North and South Reservoirs, potassium permanganate feed modifications, blower relocate to a separate building adjacent to the filter building, environmental assessment to comply with NEPA loan requirements, berm and floodwall design at Big Dry Creek to provide drainage and floodproof the plant, and an inspection of channel wall integrity and/or minor repairs. This channel separates the filtered water from the backwash water and the filter-to-waste channel. The Third Amendment would also address clear well modifications for repair work, GAC filter services contract facilitation and NPDES Permit assistance for the North Reservoir. Other items covered by this Amendment would include Lamella Plat supplier negotiations, design revisioin to accommodate a Waterlink System and design specifications to repair and refinish the existing filter plant exterior. The Third Amendment to the Agreement raises the engineering fees for this project to $2,200,258. The water rate increase to fund this project was passed by Council on March 18, 1996 and is a budgeted item. Tom Burns entered at 5:20 p.m. Stu Fonda and Greg Dye also discussed the 90% Design Phase and projected water quality. Mr. Dye noted that they will advertise for bid in October, 1997 and begin construction January, 1998. Completion is estimated to be in May, 1999. Ms. Habenicht moved; Mr. Otis seconded: Ayes: Nays: Members absent: Motion carried. To approve the July 8, 1997 Englewood Water and Sewer Board Minutes. Habenicht, Higday, Otis, Guy, Vobejda, Wiggins, Burns None Clark, Neumann 3. "NO COMMENT" POLICY. Mr. Fonda reviewed the existing "no comment" policy regarding selling or future use of the McLellan property owned by the City of Englewood. The Board directed staff to continue the existing policy. The City Attorney is exploring legal options for property management. The meeting adjourned at 6:15 p.m. The next Water and Sewer Board meeting will be September 23, 1997 at 5:00 p.m. in the Community Room. Respectfully submitted, Cathy Burrage Recording Secretary MEMORANDUM To : Stu Fonda, Director of Utilities Water and Sewer Board From : John Bock, Utilities Manager of Administratio'03 Date : September 16, 1997 Subject: 3605 S. Bannock Request for City Ditch Encroachment AT T. 3 The Water Department recently received an inquiry from Mr. Mike Geason, the owner of 3605 S. Bannock St., about the possibility of obtaining an encroachment into City property . The reason for the encroachment is to build an addition to his home. The addition would be a greenhouse patio comprised of a concrete slab resting on a spread foot foundation . There was a question about the actual location of his property line , so a survey by Rocky Mountain Consultants was ordered (see attachment). The survey disclosed that the existing structure already encroaches into City land by 4". His addition would encroach further . Mr. Geason has told me that he is willing to buy the land , lease the land , or enter into any reasonable agreement with the City that would allow him to construct the addition . His chain link fence is currently well onto City land and he has been maintaining the land as his own yard . The City's land also cuts him off from the alley and he is wondering about access across the City's property to the alley. The Staff recommendation here is for denial. While the City does and has allowed numerous encroachments into and across City Ditch, they are not for permanent, residential structures . The encroachments we allow are for temporary structures and for engineered, controlled utility or . bridge crossings, the kinds of things that will not interfere with City Ditch operations . There is also a serious question here about side-yard set-back requirements . Because the existing structure already encroaches into City land, it is trespassing into it's set-back area. The side-yard set-back in an R3 zone is three feet. This addition would require a variance :from the Planning and Zoning Commission . I checked with Harold Stitt and he told me staffs likely recommendation to the Commission would be for denial. Printed on Recycled Paper,~ ,,...,...,,, ;:i • • .. •• • ... ..... ---•• LOT 9 LOT 1 J & 14, ENGLEWOOD HEIGHTS COUNlY OF ARAPAHOE, STATE OF COLORADO 3605 SOUTH BANNOCK STREET .SCALE: 1" =20' ALLEY LOT 10 F'ND IRON PIPE LOT 1 1 LOT 13 LOT 14 DETAIL N.T.S. (s oaoo·ocr E) (50.1' A.M.) S 00"00.'00" E ~ 03". mJ1 SET SPIKE SOUTH BANNOCK STREET (60' R.O.W.) C[RTIFTCA TE Of" SIJRYC:Y: ~/9'f29 THIS IS TO CERTIFY THAT ON 9/12/97 A SURVEY WAS MA.OE UNDER MY DIRECT SUPERVISION ANO THE IMPRO~MENTS WERE FOUND TO BE LOCATED ENTIRELY WITHIN THE BOUNDARY LI NES OF" THE ABOVE DESCR19EO PROPERTY AS SHOWN ON "THIS PLAT. n-tE LOCATION ANO DIMENSIONS Qr All BUILDING, IMPROVEMENTS. EASEMENTS ANO RIGHT-Of"-WAY IN EVIOENCE OR KNOWN TO ME ANO ENCROACHMENTS BY OR ON TH( PREMISES ARE ACCURATELY SHO'llN . CORNER MONUMENTS WERE SO, OR FOUND ANO ACCEPTED AS INDICATED HEREON . ______ _, TH IS LOT DOCS NOT LIE WITHIN THE 100-YEAR FLOOOP ROCKY MOUNTAIN CONSULTANTS , INC . 1--SJ_o_i _E._P_nH1ttc. __ ,.,,._._sw_11._10 ... 1 _En_9 ... _ooc1._co_eo_1_1_1 _C_JO_J ... ) _1•_1-_eooo __ FAX_c_.;o_l)_1 9._' -~ __ .. 0_100_--il ENGINEERING THE M:VISEO ~UTURE J09 NO. 2882.007 .00 9/15/97 Crr'< re l1NE ff2. cJ Po s eLJ ENC l2o 14Ct-IN ~- _ L~ I NOTICE TO STOP WORK AT 3 (:,as-So , ~ (1 ocJb\ JOB ADDRESS : . I ~ TYPE .OF WORK INVOLVED: rlafa--; I f2r?,,OMbC UA-P I I THE ABOVE-INDICATED WORK HAS BEEN INSPECTED AND IS DETERMINED TO BE IN VIOLATION OF CERTAIN PROVISIONS OF ENGLEWOOD'S ADOPTED CONSTRUCTION CODES ; TO WIT: ALL WORK MUST CEASE I MMEDIATELY UNTIL AUTHORIZATION TO PROCEED IS OBTAINED FROM THE . DIVISION OF BUILDING AND SAFETY. ... DO NOT REMOVE THIS NOTICE VIOLATION OF A STOP WORK ORDER IS PUNISHABLE BY A $300.00 FINE, 90 DAYS IN JAIL, OR BOTH . ,lo: sv ~ JA,o/)!> I 'T l LE ·SAFETY .ORA DO OF !CATION ADD ITION BUILDING PERMIT APPLICATION PERMIT NO. 8-/[ CITY jr:c-u 7 ·I~·, f. LICENSE NO. 7 7 i·~ ·. I :itf-~4-L -§ 7 7 0 ZIP f'i..·C /0 PHONE: //.-C-' ~ (21 Sing le amily attached (co ndom inium. townnome1 : :h. amusement. restaurant. etc.I _ (5 1 lndustnal bu 11 d1ng . 0 (Bl Institutional building (hospital. nursing home. jail) nming pool. etc.I REPAIR O 151 REPLACE -r (61 CONV ERS ION -:, TOTAL SO. FT . O F j/J (.- NEW CONSTRUCTION /-~ 1 OCCUPANCY /;) ~ GROUP & DIV. /:.._._::J TYPE --r A I CONSTR . I -/V AGENCY REO'D (01 ) ZONING {02) ENGINEERING (03i TRAFFIC (041 FIRE (05) UTILITI ES / USE v 1· /' I ,ZONEf.--t I AGENCY I REQ 'D ! (06) BUILDING (07) MECHANICAL (08) PL UM BING (09) ELECTRICAL (1 0) OTHER: VALUATION OF WORK $ 7 5 c:; / ' (' (_? PERMIT FEE DOUBLE FEE 0 $ , co PLAN REVIEW FEE ~~-e~~~~~~~'..__~-y~~:5~g=-t~s:__~__J,,,.5!.._!_'l~'-7(:.....::~_'--:-~~ USE TAX DEPOSIT PAID: S ::t>· L------------------1 5 --:l .-:+ -Cf~ I PERMIT ISSUANCE D E NOTES TO APPLICANT: RETAINING WALLS& DEMOLIT ION . PERMIT EXPIRES 180 SEP~RATE PERMITS REQUIRED FOR WIRING . PLUMBING. HEATING . DA YS rnoM ISSUANCE UNLESS WORK IS STARTED BY THAT TIME. FOR INSPECTIONS OR IN FORMATION CALL 762-23~6 BEFOREC~~;SMFU LL RESPONSIBILITY FOR COMPLIANCE WITH THE FOR ALL WORK DONE UNDER THIS p~;~~~ :~~~l~~~~7~~~LEWOOD O RDINANCES. UNIFORM BUILDING CODE AND ALL EOUESTED ONE WORKING DAY IN ADVANCE . REQUIRED INSPECTIONS SHALL BER DO NOT EMPLOY UNLICENSED CONTRACTORS . CERTIFICATE OF OCCU PANC Y HAS BEEN ISSUED . '"" '"''°"' '""' •m "oooz;:~v14«/ D•" 'i-f-1} SIGNATURE OF APPLICANT I THIS FORM IS A PERMIT ONLY WHEN VALIDATED BELOW. • CHRISMAN BYNUM &JOHNSON August 26, 1997 Mr. Stewart Fonda Director of Utilities City Of Englewood 3400 South Elati Street Englewood, CO 80110-0110 Re : 90CW221 Dear Mr. Fonda: CHAISMAN. lm'lUM .. )OHl«'N. P.C. m'OIU'>f:TSA!'<O COUNSE~ AT U.W lj()() flFTW'(rH STlla'l' ~WU.. COl.OAAOO aoJOZ A 7 t. '-f TEL.Ef'H01'1€ lOl .H,.IJOO r.IC:>lMILE lOH ... S4l5 E-IMll. ~CiJ.COM · Enclosed. please find our proposed letter to the City of Thornton in settlement of the attorneys fees issue relating to our voluntary dismissal in case number 90CW221. As we discussed previously, we withdrew the portion of our application relating to the reuse of effluent, and Thornton sought attorneys fees and costs. Thornton bas agreed to settle the matter for a total amount of $25,000-$13,242. 77 now and the remainder upon resolution of the Kiowa case, as discussed in the attached letter. Mr. Hill and I recommend that Englewood settle this matter as discu.~sed in the attached letter because the combined cost of Englewood's own fees and costs, as well as those awarded to Thornton by the Cowt, would more than likely exceed the proposed settlement amount. If this settlement is acceptable, please provide us with a check in the amount of$13,242.n made payable to the City of Thornton. We will then forward the check, along with the letter, to Thornton. Please call me if you have any questions . cc: David G. Hill Enclosure ~UG-26-97 TUE 11:24 AM CHRISMAN BYNUM & JOHNSON FAX NO. 303 449 5426 P. 03 • CHRISMAN BYNUM &JOHNSON August 26. 1997 EvanD. Ela City Of Thornton 9500 Civic Center Drive Thornton, CO 80229 Re: 90CW221 -Attorneys Fees Dear Mr. Ela: c: HRISMAN. IJYlllUM • j()UNSON. ec ATTOll/'lflS /\I'ltJ COUNUl.01\S J(f V.W !900 flf"ltEl'l™ snE£l' BOULDER. ~00 llOJOZ Tf.l.fl'HU'lt JOJ .14'. llOO ft.CS!MrtE lOJ . H9.S4Z6 E -l'l~U. CBJl!IC11J.COM Enclosed is a check from the City of Englewood ("Englewood") to the City of Thornton ( .. Thornton'') in the amount of thirteen thousand two hundred forty two and 77/100 dollars ($13.242.77). This check is in partial payment of the fees due from the Englewood to the Thornton in Case No. 90CW221 as the result of the Court 's Order of August 29, 1996 ("Order") and is tendered based on our understanding of the following as fully settling all amounts due under the Order: 1. Englewood and Thornton have agreed for purposes of settlement that Englewood shall transfer to Thornton total consideration valued at twenty five thousand dollars ($25,000.00) as payment of all amounts due under the Order~ 2. Thirteen thousand two hundred forty two and 77 /l 00 dollars ($13.242.77) is enclosed herewith; 3. The remaining eleven thousand seven hundred and fifty seven and 23/100 dollars ($11,757.23) shall be payable as follows: (a) Englewood expects to receive eleven thousand seven hundred and fifty seven and 23/100 dollars ($11,757.23) as payment of attorneys fees and costs from Kiowa as a result of the Co wt' s Order in Ca!e No . 93CW15 I; (b) Englewood expects to be paid in either cash or shares in the Fulton Irrigating Ditch Company ("Shares"); (c) Englewood will pay the remaining eleven thousand seven AUG-26-97 TUE 11:25 AM CHRISMAN BYNUM & JOHNSON CHRISMAN BYNUM &JOHNSON EvanD. Ela June 26, 1997 Page2 FAX NO. 303 449 5426 P. 04 hundred and fifty seven and 23/100 dollars ($11,757.23) due to Thornton at the time that Englewood receives payment for its attomeys fees and costs from Kiowa in Case No. 93CW151 or when it becomes clear that Englewood is unable to collect such fees and costs-whichever occurs earlier; ( d) Englewood will transfer or arrange for the transfer to Thornton of a quantity of Shares worth eleven thousand seven hundred and fifty seven and 23/100 dollars ($11,757.23) based upon the value per share agreed to by Engl~woo<l and Kiowa in settlement of the amount due to Englewood in Case No. 93CW151, or Englewood will pay Thornton eleven thousand seven hundred and fifty seven and 23/100 dollars ($11,757.23) ~h-provided, however, that any shares tendered in payment of this obligation shall be subject to Thornton's approval. If the above meets with your approval, please accept the check in partial payment and give me a call so that we can draft a stipulation regarding this settlement to file with the Court. Very truly yours, Jack Graves cc : Stewart Fonda A IT. 5 COLORADO WATER RESOURCES & POWER DEVELOPMENT AUTHORITY Logan Tower Bldg. -Sule 620, ~580 Logan Street, Denver, ColoradO 80203-1942 3031830-1550 MX 303ll3H205 August 29, 1 Q97 Mr. Stu Fonda, Utllldas Dlr&dor City of EngtlNOOCS 3400 S. Elati Engrewood, Colorado 80110 Re: Colonldo Walst Resources & Power Oavetopment Authority Dr1nking Watl!I Revenue Bonda 1 'i197 Series A (the "Bonds") City af Englewood (the "CJtyj Loan Dear Mr Fonda: The City has been approved ftr a loan in 1he amount of $15,100,000 plus cost at Issuance under the Autholily's Drinking waw Revolving Fund Program. The Authority will iuue Its Benda 1D fund the loan to the City. As you are aware. the Interest rate the City receives on itl loan is set at 80% at the mar1<et rat& the Auttiority receives on the Bonds. The City will be asked to provide tha Authority with an estimation of haw it will request the pn:aject funds. Thil atina18 lhOuld be awres&lVe because the Authority will not be able tD fUnd pro;ect requests fastBr' than aatimated. Baled on this astimate, the City's net foal repayments are determined. These net loan repayments are at an intereat rate that 18 80% at the mar1tet ratl on tha Bonds. Should the City r&qua5t 1he project funda slower 1han estimated, the addltlonal Interest eamilga wm bl credited to 1he City onca all prcJact 1\.mds are drawn. The aedlta will be all)plied to the lnterut portiOn ot1he City's loan repayments un1i all credits h8Y8 been used. If you h8Y8 any questials, please call me ar 830-1550. Ext 15. I lock forward to woncng with you and ttia statr at ttle Clly and to 1he successful completion of 1hil transaction. cc: Frank Gryglewicz, Fl'\Snce 01rector Tom Peltz, Kutak Rock Sincerely, ~~ Michaet Bred Finance Manager ~~ DouGIAS CoUNTI Office of the Douglas County Commissioners September 5, 1997 Stewart Fonda City of Englewood 3400 South Elati Englewood, Colorado 801 10 Dear Stewart: A I I .. · "' The Douglas County Board of County Commissioners would like to take this opportunity to thank you for your commitment to the preservation of the "Outstanding Remarkable Values" of the South Platte River and opposing the federal designation of the South Platte as a "Wild and Scenic River." Earlier this summer, the Douglas County Board of Commissioners passed the attached resolution related to this issue. While we have received copies of resolutions related to the Wild and Scenic desi gnation that have been adopted by yours and/or other boards, we are very interested in r ecei vi ng any future resolutions by your board on this subject. Again, thank you for your commitment to this effort. The development of the A-2 alternative to Wild and Scenic designation is a tremendous example oflocal cooperation. We look forward to this good work continuing . Enclosure Ro bert A. "Chns " Christe nsen Co mm issio ner · Dism ct I . / James R. Sulli van Co mm iss ioner · Di stri ct [! M. \1 ich at:I Coo ke Co mm issio m:r · Di stri ct III Execu tive Building. 101 Third Street. CJs tl e Rock. Colo rado 80104 • (303) 660-7 -iGO •FAX 1303 ) 688 -1 ~93 -· RESOLUTION NO. R-997-072 THE BOARD OF COUNTY COMiVIISSIONERS OF THE COUNTY OF DOUGLAS, COLORADO A RESOLtJTION SUPPORTING THE PRESERVATION OF THE OUTSTANDINGLY REMARKABLE VALUES OF THE SOUTH · PLATTE RIVER AND OPPOSING THE FEDERAL DESIGNATION OF THE SOUTH PLA TIE AS A "\VILD AND SCENIC RIVER" OC9733075 WHEREAS, on April 7, 1997, the United States Forest Service (USFS) rele:ised the Wild and Scenic River Study Report and Draft Legislative Environmenral Impact Statement (LEIS) for the North Fork of the South Platte and the South. Platte Rivers; and WHEREAS, the Draft LEIS proposes two alternative actions concerning the South Platte River (the "River"): Alternative A2, which would preserve all of the "outstandingly remarkable values:' (ORV's) of the River, including water supply , without federal designation; and Alternative J, \Vhich would federalize the River by designating sections of the Sourh Plane from the confluence of me North Fork to Eleven.mile Dam as "wild", "scenic", and "recre:ition:il"; and TVHEREAS, designation of the South Platte River as '\;;ild", "scenic '', and "re cre:it iomir \vauld have signific:int ad verse linpacrs an \Varer rights, including possib le. G1k.ings of \varer righrs 2...r1d ime:-fere::i.ce v.im the ability to operate water systems along the South Platte Ri ver; and WHEREAS, the South Plane River is a critical \.Vater supply resource to the e::i.rire Den ver Me~opo l ita..11 area; and H'HEREAS, designation of the River may also have impacts on Douglas Catmry's b.nd use and maimenance activiries along the River 'wVithout federal compe::i.s:it ion , esse:it ially ma.lj n g the designat ion an unfunded federal mandate ; and fr1IEREAS, cerrain cooperative agreements to protect the Sourh Platte River are current ly in place and can be e:ihanced with additiona l, locally-developed intergove:nme::i.t:il coopera tive efforts; and WHERE4S, jurisdictions and organizations throughout the De::i.ver Metropolir::i.n are:i and the Front Range have bee::i. de veloping proposed cooperative efforts to facilitate the imp lernenration of Alternar ive A2; and rf ·1IEREAS, all of the values of the Rive:, including \Vater supply , re::re:ition, and fis heries, 2.re more l~:e!y to be prote::red by a timely action \vith local government participation as c:i ll ed for b\-.~Jte:m::i v e A2. rather than the ve:irs of dis;rnreerne:it likelv to surround desi!Znation. wb.icJ. \v ould o~ly be ef:·e::tive ~pon Congressi~nal action; ~d --· · WHERE4S, the Board of Countv Commissioners of the Count\-of Domdas is imeres-::ed in par..icip2.r i:i.g in proposed partnerships to. prore::t the ORV' s of the Ri\·e::: including irs recre:ir ional, wild, see~.:::: and warer resources; now, therefore , - 97330i5 -06/19/9i 10:14 -RETA A. 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