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Home My WebLink AboutMINUTES Water Committee 1988-05-120 0 RECORD OF PROCEEDINGS 7 Water Committee May 12,1988 Committee:Chairman Dickinson,Trustees Barker and Garrett Attending:All Also Attending:Trustee Aldrich,Town Administrator Kiaphake,Public Works Director Widmer, Finance Officer Vavra,Town Attorney White,Bill Van Horn,Phil Moenning, Paul Kochevar,Clerk O’Connor Absent:None Chairman Dickinson called the meeting of the Water Committee to order at 2:00 P.M. PHIL MOENNING -APPEAL OF TAP FEE DETERMINATION. Bill Van Horn,representing Phil Moenning,appeared before the Committee to appeal a tap fee determination made by staff.The property in question is located approximately 3 miles outside Town Limits on Spur 66.Mr.Moenning’s proposed development, Aspenbrook,includes construction of 30 units on 13 acres and a minimum 2”water line is being requested.Mr.Moenning has submitted his development plan to Larimer County. Staff Briefing.Public Works Director Widmer presented a utility plan;a deed dated October 2,1940 between Helen J.Woodley and Ruth Anne Carman and the Town;a letter dated April 20,1988 to Bill Van Horn submitted by Assistant Director Gerstberger;a letter dated August 30,1956 submitted by Katharine Carman to the Town;and a follow—up letter dated May 11,1988 to Bill Van Horn submitted by Assistant Director Gerstberger.Staff has de termined that as a condition of the 1940 deed,four (4)taps were given to Ms.Carman which authorized an easement for a right-of—way for the construction and maintenance of a Town water main across the 13 acres.Ms.Carman’s 1956 letter clearly indicates that out of four taps,only one tap remains;the three existing taps were 5/8”,thus the remaining tap would also be 5/8”.Director Widmer also submitted a copy of a 1956 Water Fund Tap Receipt from the Town to Ms.Carman;the receipt was for 2 tap units.Said receipt does not contain any indication that the taps were intended for other than residential units.Staff contends Mr.Moenning is obligated to pay for the fixture value units above the 40 remaining for the unused tap. Bill Van Horn submitted a “position summary”for Mr.Moenning. Mr.Van Horn contends the 1940 deed did not specify the water tap size;the time and place of such taps was to be determined by the grantor--subject to the rules of the Town;a 1929 Ordinance allowed for a 2”tap for the same price as a 3/4”tap;and that if Mr.Moenning’s development would have been constructed in 1940,his required 1k”or 2”tap would have been part of the consideration of the easement.In Mr.Van Horn’s opinion,Mr. Moenning has the identical rights as Ms.Carman,the Town cannot now diminish Mr.Moenning’s position by adding limitations not in the original deed,and the Town’s position that the taps were intended to be single-family 3/4”taps is not supported.The estimated value of the fixture value units is $57,000.00.Mr. Van Horn urged the Committee to take a cooperative stance and consider the investment in the development. Town Attorney White stated the Town’s documents may contain certain ambiguities;however,(1)the rules and regulations in effect during Ms.Carman’s ownership of the property would be C 0 RECORD OF PROCEEDINGS Water Committee —May 12,1988 -Page two valid;and (2)Ms.Carman’s 1956 letter is very important as it indicates one (1)residential 3/4”tap remaining on the property. As there was a potential for litigation,Chairman Dickinson polled the Committee members and received their permission to enter executive session.Messrs.Van Horn and Moenning did not object to the Committee members entering such a session. Chairman Dickinson reconvened the Water Committee meeting and polled each Trustee to gain a consensus:Trustee Garrett — supported the staff position;Trustee Barker -maintained 1 tap was due and offered Mr.Moenning a 2”tap with a value of approx imately $75.00,and the plant development fee with a value of $9,515.00 for a total value of approximately $9,590.00.Mr. Moenning would receive a 2”tap at no charge;however,Mr. Moenning would have to pay water rights fees for all fixture values.Chairman Dickinson agreed with Trustee Barker’s position.There being a consensus,the Committee recommended the Town offer Mr.Moenning a physical 2”tap and plant development fee at no charge contingent upon payment for the water rights fees. SUMMERSET CONDOMINIUMS -REQUEST AUTHORIZATION FOR TOWN PAR TICIPATION IN WATER LINE OVERSIZING. Public Works Director Widmer briefed the Committee on the Estes Park Surveyors Summerset Condominium Development Plan which originated in 1983.The Town approved a 6”loop in 1983;allowed a reduction to a 4”line on the west loop in 1985;and,with submittal to the Planning Commission of an Amended Development Plan,current staff is requesting an upgrade from 4”to 6”.The upgrade will aide in fire protection and staff is recommending the Town pay the difference in size which is estimated to be $750.00.The Committee recommends approval of the request, authorizing the upgrade from a 4”to a 6”water line at the Town’s expense. THUNDER MOUNTAIN WATER AGREEMENT -REQUEST APPROVAL AND EXECUTION OF AGREEMENT. The Committee reviewed Water Committee minutes dated October 8, 1987 whereby said agreement was tabled pending clarification of issues relating to the Town furnishing water by gravity from a storage tank.Director Widmer confirmed (1)the water lines have been installed and tested,(2)the Agreement has been reviewed by Town Attorney White,and (3)minor items have vet to be complet ed.The Committee recommends approval of the Agreement,contin gent upon completion and acceptance of the aforementioned minor items. CRYSTAL WATER COMPANY -REVIEW OF NEGOTIATIONS. Director Widmer reported an official commitment for the sale of the Crystal Water Company to the Town had been received.As this item pertained to property negotiation,consensus of the Commit tee was to enter Executive Session.There being no one speaking in “opposition”the Water Committee meeting adjourned to execu tive session. Chairman Dickinson reconvened the Water Committee to consider remaining agenda items. REPORTS. The Committee reviewed the April water reports.66%of all treated water was accounted for;the “peak usage day”was April 30th (1,113,950 gallons). 0 0 BRADFORD PUBLISNING CO.RECORD OF PROCEEDINGS Water Committee -May 12,1988 -Page three Water revenues for January 1st -April 30th have increased by 14.5%over 1987;water billed has increased by 7.9%for the same period. With regard to customer notification concerning such items as water line disturbance,the Committee recommends Finance Officer Vavra research the possibility of inserting a “Notice to Custom er”line in the utility bill postcard. The completion date on the Cascade Diversion Structure Project is past due;negotiations with Gavell Excavating will soon be under way. The Committee reviewed a letter dated April 19,1988 submitted by the Water Engineering Research Laboratory/EPA.The letter addressed funding for the Pilot Plant Application.EPA does not have financial support available;however,they would be able to provide technical assistance in the form of advice or review of the proposed plan and project results. The Municipal Subdistrict is nearing completion on the inclusion of the Left Hand Water Company in the District.The Town will receive a check in the amount of 115,000 when the transaction is finalized. There being no further business,Chairman Dickinson adjourned the meeting at 4:01 P.M. Vickie O’Connor,Town Clerk rROVED 1 MAY241988 ]TO OF ESIES PARK BJARD OF TRUSTEES