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Home My WebLink About7245 RESOLUTION NO. 7245 A RESOLUTION APPROVING A LET1ZR OF UNDER- STANDING BETWEEN PUEBID, A MJNICIPAL CORPORATION, AND OTHER INTERESTED PARTIES RRI.ATING TO THE HISTORIC ARKANSAS RIVER PARK (HARP) PROJECT; AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, C~LORADO, that: SECTION 1. The Letter of Understanding between Pueblo, a Municipal Corporation, and other relevant parties relating to the Historic Arkansas River Park (HARP) project (copy of which is attached hereto) is hereby approved; and the President of the City Council is authorized to execute same on behalf of the City of Pueblo, Colorado. Introduced October 25 , 1993 By MICHAEL OCCHIATO Council member ATIZST: ~City C ~rk ° ~ Board of Water Works of Pueblo, Colorado 319 West Fourth Street · P.O. Box 400 · Pueblo, Colorado 81002 · 584-0250 October 1, 1993 Mr. Richard Kramer Mr. Jim Munch Vice Pres. of Human Resources Director of Planning & Develop. WestPlains Energy City of Pueblo P. O. Box 75 P.O. Box 1427 Pueblo, Colorado 81002 Pueblo, Colorado 81002 Mr. Ray Koester, Engineer Pueblo Conservancy District c/o KLH Engineering Consultants 111E. 5th Street Pueblo, Colorado 81003 Re: Letter of Understanding Between Relevant Parties Regarding the Historic Arkansas River Project (HARP) Dear Rich, Ray, and Jim: Enclosed are four originals of the Letter of Understanding between the Relevant Parties of the Historic Arkansas River Project. As you will note, Board President, Kevin F. McCarthy, has signed on behalf of the Board of Water Works. I am forwarding the letter to Rich first, asking Rich to hand carry it to Ray Koester, Ray to hand carry it to Jim Munch, and Jim to hand carry it back to me here at the Board. We will then distribute one original to each of the parties involved in this agreement. A BIG THANKS to each of you who have worked so hard in putting together this important agreement. If you have any questions, please do not hesitate to call. Sincerely, Alan C. Hamel Executive Director js Attachments Board of Water Works of Pueblo, Colorado 319 West Fourth Street · P.O. Box 400 · Pueblo, Colorado 81002 · 584-0250 October 1, 1993 Mr. Rich Kramer Vice President of Human Resources WestPlains Energy P. O. Box 75 Pueblo, Colorado 81002 Mr. Ray Koester, Engineer Pueblo Conservancy District c/o KLH Engineering consultants 111E. 5th Street Pueblo, Colorado 81003 Mr. Jim Munch Director of Planning & Development City of Pueblo P. O. Box 1427 Pueblo, Colorado 81002 Re: Letter of Understanding Between Relevant Parties Regarding the Historic Arkansas River Project (HARP) Dear Rich, Ray, and Jim: As you are aware, the City of Pueblo, in cooperation with several local and state organizations, has vigorously pursued the planning and design of the historic river channel running through the heart of downtown Pueblo. This project, referred to as the Historic Arkansas River Project (HARP), has recently completed a conceptual master plan and is currently preparing a more detailed final design. The project consultants are working with an overall HARP Task Force chaired by Mr. Tommy Thomson, General Manager of the Southeastern Colorado Water Conservancy District. In addition, a special HARP subcommittee has been formed with the intent of investigating all technical water issues related to the proposed project. This Technical Water Subcommittee is composed of the following individuals: Alan C. Hamel, Chair, Board of Water Works Don Brandes, Jr., Design Studios West Ray Brown, Colorado Department of Transportation Mark Even, West Plains Energy Hugh Hahn, Design Studios West Lee Huffstutter, Board of Water Works Ray Koester, KLH Engineering Consultants Dennis Maroney, City of Pueblo Public Works Dept. Jim Munch, Department of Planning & Development Bud O'Hara, Board of Water Works Lee Simpson, St. Charles Mesa Water Water District Tommy Thomson, Southeastern Colorado Water Conservancy District Ken Wright, Wright Water Engineers At a recent Technical Water Subcommittee meeting it was decided that a preliminary Letter of Understanding be circulated among the public and private sector interests who may be affected by the HARP project. Specifically, it was felt that certain assumptions should be clarified and agreed to among the HARP committee members as a means of establishing greater communication and confirming certain technical assumptions. Please accept this preliminary Letter of Understanding as the basis for a more final and binding Letter of Agreement which may be agreed to as the HARP project proceeds. Below are the basic technical assumptions and areas of mutual understanding which the Technical Water Subcommittee has identified for your consideration: 1) All parties understand that, in general, the overall intent of the HARP project is to rehabilitate the Historic Arkansas River channel and to encourage and promote the economic vitality of the Union Avenue Historic District, without impairing the Pueblo Conservancy District's responsibilities with use of existing Arkansas River channel and levy. 2) All parties understand that, in order to achieve these broad HARP goals, it may be necessary for both private sector and public sector entities to maintain certain historic water rights through the project area. All such agreements are intended to benefit the general public and are not intended to be detrimental to any of the concerned parties. -2- 3) All parties understand that, for the purpose of planning and preliminary engineering, WestPlains will continue to exercise its water rights and, after use, discharge the same into the historical channel of the Arkansas River at or near the location of the current power plant to facilitate development of the historic park. It is important to understand that there is to be no substantial new depletion caused by the project without provision being made for its replacement from other sources of supply. WestPlains does, though, reserve the right to transfer this right to another location, if that made good strategic sense for their company. 4) All parties understand that the Pueblo Conservancy District and the City of Pueblo may elect to dedicate, lease or allow for the use of certain lands in the HARP project, provided said lands are not vital to the flood control responsibilities of the Pueblo Conservancy District. 5) All parties understand that the City of Pueblo will act as the lead agency in evaluating and determining the available methods and sources of funding for the planning, design, engineering, financing and long-term maintenance of the HARP improvements, and that such improvements shall be finally determined by the agency or entity who becomes responsible for such funding after considering recommendations made by the HARP Committee. 6) All parties understand that the Board of Water Works of Pueblo will provide preliminary water engineering and legal services, in addition to considering providing augmentation water, if needed, and filing for a new water right or rights on behalf of the project and the City, if appropriate. 7) All parties understand that, in an effort to properly plan and engineer the HARP project, all parties shall work together in a mutually cooperative manner to further determine the following issues and concerns: a. Overall waterfront/urban design elements b. Land use and ownership c. Infrastructure requirements d. Circulation, access and parking e. Implementation program and project phasing f. Design criteria for flows at a minimum of 24 cubic feet per second (cfs), an average of 50 cfs and a maximum of 200 cfs. g. The affect of the Pueblo Conservancy District's flood control responsibilities and the Arkansas River Channel and levy. h. Limits any rights to use water and structures. -3- These and other project elements will be further developed as a part of the ongoing HARP planning phase. If you are in general agreement with the points described above, please sign below as confirmation to the HARP Technical Water Subcommittee to proceed to more detailed discussions. If you have any questions regarding these points or believe that certain elements can be modified to better reflect your position, please contact me at your earliest convenience. Very truly yours, HARP Technical Water Subcommittee js BOARD OF WATER WORKS OF PUEBLO PUEBLO CONSERVANCY DISTRICT President Title Director Title Date Date WESTP NS ENERGY CITY OF PUEBLO By By'~C ' _ _ vice Pres. of Human ResourcesTitle ?~ T Ol" ~ J. dr/~/ ~/b Title Date ~T. ~ ~/~ F~ Date -4-