City Council Minutes 2007 10 16 - Laserfiche WebLink

Home Browse Search

City Council Meeting Minutes October 16, 2007 Page 12 of 15 City Manager Fleming stated since there was not Council consensus and reasonable justification for eii:her action on the issue, the noise ordinance would come forward for Council consideration. APPROVAL OF AN AGRIEEMENT BETWEEN THE CITY OF LOUISVILLE AND ELDORADO ARTESIA-N SPRINGS, LTD. REGARDING UTILIZATION OF TAP WATER FOR BOTTLING OR SELLING City Manager Fleming reported this issue came forward when he and Council member Muckle made a business retention visit to the Eldorado Artesian Springs Water Bottling plant. He expllained when Eldorado Artesian Springs, Ltd., Bottling facility began to operate its business in Louisville they only planned to bottle natural spring water, but expressed their desire to bottle Louisville tap water some point in the futurE:. However, the PUD was approved with a provision specifically excluding the bottling or selling of Louisville water. That provision has influenced Eldorado Artesian Springs, Ltd., to relocate their facility to another community. The Agreement approves a temporary suspension of the PUD condition of approval restrictiing bottling of tap water by the Eldorado Artesian Springs, Ltd. Public Works Director Phare reported in 2001, when Eldorado Artesian Springs LTD., located to Louisville, the City was cautious over its water supply due to negotiations with the Northern Water Conservancy District and drought conditions. Since that time the City has purchased additional water rights and built a water reuse line to the Coal Creek Golf Course to increase the City's water supply. This Agreement grants authority to execute a water use agreement to allow bottling or selling for a a-year period and during that time, allow the Company to bottle up to 75 acre feet of Louisville water per year, at the City's established water rates. At the end of the 5-year period, the City and Eldorado Springs would work mutually to establish an equitable water rate structure and conditions to address the issues associated with this type of activity. He noted the agreement provides for joint monitoring, as the water will not be returned to the City's facilities. City Attorney Light noted the term of agreement is for afive-year period. This agreement does not establish a special priority of City water. Under paragraph 4, Eldorado Artesian Springs, Ltd., would be obligated to pay all the permits and fees required for the delivery of the water. He noted this agreement is personal to Eldorado Artesian Springs, Ltd., only. He reviewed the agreement's indemnity clause. He requested the motion include authorization for the City Manager to negotiate the commencement date of the agreement and the Mayor Pro Tem to sign the agreement.