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HomeMy WebLinkAbout2015 Ordinance No. 057• ORDil'lANCE NO. fz} SERIES OF 2015 BY AUTHORTIY COUNCil., Bll,L NO. 61 INTRODUCEDBYCOUNCil., MEMBER Gll,LIT AN ORDINANCE APPROVING SUPPLEMENT NO. 24 TO THE VALLEY SANITATION DISTRICT CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD TO lNCLUDE ADDmONAL LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, the Valley Sanitation receives sewage treabnent in accordance with a contract with the City of Englewood; and WHEREAS, Valley Sanitation District has submitted a request for inclusion into Valley Sanitation District of a parcel located near West Union and South Decatur Street -2690 West Union Avenue, Englewood with the proposed use Commercial; and WHEREAS, Supplement No. 24 is for approximately 4 .4 acres which and currently has a residence on septic that will be rezoned to commercial, and will be tapped into the Valley Sanitation District; and WHEREAS, said annexation of this additional parcel of land will not increase the tap allocation to the Valley Sanitation District; and WHEREAS it is necessary for said District to amend its contract with the City of Englewood to include this additional land within the District; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of the Valley Sanitation Supplement No. 24 to Connector's Agreement at their October 13, 2015 meeting; NOW, THEREFORE, BE IT ORDAJNED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, TIIAT: Section 1. The Agreement between the City of Englewood and Valley Sanitation District entitled "Supplement No. 24 to Connector's Agreement" is hereby approved. A copy of said Agreement is attached hereto as Exhibit A. Section 2. The Mayor and City Clerk are hereby authorized to sign and attest, respectively, the said Agreement for and on behalf of the City Council and the City of Englewood. 1 Introduced, read in full, and passed on first reading on the 7th day of December, 2015. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of December, 2015. Published as a Bill for an Ordinance on the City's official website beginning on the 9th day of December, 2015 for thirty (30) days. Read by title and passed on final reading on the 21st day of December, 2015 . Published by title in the City's official newspaper as Ordinance No~ Series of 2015, on the 24th day of December, 2015. Published by title on the City's official website beginning on the 23rd day of December, 2015 for thirty (30) days. /4 . " ~LOUCnS I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is }-}?e copy of the Ordinance passed on final reading and published by title as Ordinance No.~ Series of 2015 . '- 2 SUPPLEME~1 NO. _2 __ '/ __ TO CONI';~CTOR'S AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF ENGLE\VOOD, acting by an through its duly authorized Mayor and City Clerk, hereinafter called the "City," and VALLEY SA!'\"JTATIOX DISTRICT, Arapahoe and Douglas Counties, Colorado, hereinafter called the "District," WITNESSETH: \VHEREAS, on the 1 8th day of April, 195 5 the City and the District entered into an Agreement in which the City agreed to treat sewage originating from the District's sanitary sewer system within the area seived by the District, which Agreement was renewed by Connector's Agreement dated, April 15, 2013. \VHEREAS, said Connector's Agreement provides that the District may not enlarge its service area without the written consent of the City; NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein set forth, the parties agree as follows: 9 I. The City hereby consents to the inclusion of certain additional area located in Arapahoe County, Colorado, owned by Global Storage, LLC and more fully described on Exhibit A attached hereto and incorporated herein by reference, into Valley Sanitation District. The City agrees that said additional area may be served with the sewer facilities of the District, and that the City will treat the sewage discharged into the City's trunk line from said additional area, all in accordance with the Connector's Agreement dated, April 18, 195 5 and Amended April 15, 2013 . Accordingly, Exhibit A referred to in Paragraph 1 of the Connector's Agreement dated April 18, 1955 and Amended April 15, 2013, is hereby amended to include such additional area. 2. Each and every other provision of the said Connector's Agreement dated April 18, 1955 and Amended April 15, 2013, shall remain unchanged. (VAL 00019969.t } 1 I ~ I II I T A • .. Th" ,VITl'fESS ,VHEREOF, the parties have set their hands and seals this __ day of • ______ __,20_. ATTEST : CITY CLERK (SEAL) ATTEST: ~~~ SE RE Y (SEAL) (VAL 00019969.1) CITY OF ENGLE\VOOD BY: l\l.\.YOR VALLEY SANITATION DISTRICT, ARAPAHOECOUNTY,COLORADO BY:~ 2 • 2690 W. Union Avenue EXIIIBIT _.\ u:c ;A I. IH-'.SCH 111'1'10:\ TIIE 1.-\~ll 1n-:Fr:1m1-:11 ro l:'ll n11::-. l'OI .I<'' IS IH •.S('l(IIH.ll \S rot l.11\\'S : A tr:,cl nf l:11111 in 1hr ~J:: ~-; nf the SE~-. ,,r Sc:criun II, ·11m11~hi11 5 South, J(an~-.-Mi \\'l'\I 1Jf lhc 61h r .!\I., ,hwrihc:d a.~ fulluw~: Bc,:innini: al a flllinl nn llw \\'csl liul', :?!I l.f, frrl !\nulh 11( lhc: Nurthwc.,I rurm:r 11( rite ;'l;F \·, 11( lhc: Sf. 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' , ..;~ ~ . ,. -•·: ,'P ... _ .. ~ . f ..... _,.. •, COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: December 21, 2015 Initiated By: Englewood Water & Sewer Board PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION 9biii Valley Sanitation District Supplement #24 -2nd Reading Staff Source: Tom Brennan, Director of Utilities . The Utilities Division recommends Council approve a bill for an ordinance, on second reading, approving Valley Sanitation District Supplement #24. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatment outside the City through contracts with numerous connector districts. The area is defined by the natural drainage and extends south and east from Broadway to 1-25 and from Hampden to Lincoln Ave., excluding Highlands Ranch. By contract, the City of Englewood must approve any additions of land to be served by the districts. These are usually in-fill situations that are within the area it has committed to serve. Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions. A request was made by Global Storage, LLC for inclusion into the Valley Sanitation District. Valley Supplement #24 is for an area approximately 4.4 acres. The property currently has a residence on septic that will be rezoned to commercial, and will be tapped into the Englewood sewer system. The legal is attached as Exhibit A. The property is located near W. Union Ave. and S. Decatur St. at 2690 W . Union Ave. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for Ordinance Valley Sanitation District. Supplement #24 COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: December 7, 2015 11ai Valley Sanitation District Supplement #24 Initiated By: Staff Source: Englewood Water & Sewer Board Tom Brennan, Director of Utilities PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water & Sewer Board, at their October 13, 2015 meeting, recommend Council approval, by ordinance, of a bill for an ordinance approving Valley Sanitation District Supplement #24. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatment outside the City through contracts with numerous connector districts. The area is defined by the natural drainage and extends south and east from Broadway to 1-25 and from Hampden to Lincoln Ave., excluding Highlands Ranch. By contract, the City of Englewood must approve any additions of land to be served by the districts. These are usually in-fill situations that are within the area it has committed to serve . Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions. A request was made by Global Storage, LLC for inclusion into the Valley Sanitation District. Valley Supplement #24 is for an area approximately 4.4 acres. The property currently has a residence on septic that will be rezoned to commercial, and will be tapped into the Englewood sewer system. The legal is attached as Exhibit A. The property is located near W . Union Ave. and S. Decatur St. at 2690 W . Union Ave. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for Ordinance Valley Sanitation District. Supplement #24 • Present: Absent: WATER & SEWER BOARD MINUTES OCTOBER 13, 2015 Wiggins, Penn, Oakley, Burns, Moore, Lay, Habenicht, Gillit, Olson Also present: Tom Brennan, Director of Utilities John Bock, Manager of Administration The meeting was called to order at 5:01 p.m . 1 . MINUTES OF THE SEPTEMBER 9, 2015 MEETING & PHONE VOTE. The Board received the Minutes of the September 9, 2015 Water & Sewer Board Meeting and phone vote of September 16, 2015. 2 . GUEST: KELLY PICKET-3 CARRIAGE BROOK RD. -CHERRY HILLS VILLAGE . Ms. Kelly Picket appeared before the Board to request relief on an upgrade tap fee for a water line tap at 3 Carriage Brook Road. An engineers' report was included that a larger tap size is needed because the service line is 580 feet. Motion: Moved: To grant the request from Ms. Picket to waive the upgrade tap fee for the water line tap at 3 Carriage Brook Road. Seconded: Motion carried unanimously. 3. TEST DRIVE A METER PROGRAM . The Board received a Memo from John Bock, Utilities Manager discussing the situation where, after a year of being on the program, a customer does not respond to notices to either transfer to metered or grant us access to retrieve the meter. 4. BOARD & COMMISSION APPOINTMENT PROCESS. The Board received a memo from Eric Keck, City Manager, regarding the boards and commission appointment process when an alternate is being recommended to fill the seat of a person who has resigned. 5. VALLEY SANITATION DISTRICT SUPPLEMENT #24. A request was made by Global Storage for inclusion into the Valley Sanitation District. Valley Supplement #24 is for an area approximately 4.4 acres. The property currently has a residence on septic that wilt be rezoned to commercial, and will be tapped into the Englewood sewer system. The property is located at 2690 W. Union Ave. Motion: Moved: To recommend Council approval of Valley Sanitation District Supplement #24 for 2690 W. Union Ave. Seconded : Motion approved unanimously. 6. PUBLIC ACCESS TO McLELLAN RESERVOIR. A request for public access to Mclellan Reservoir was received. Englewood has historically restricted public access to Mclellan Reservoir. As a surface water source, it is vulnerable to contamination with direct human exposure. Preventing additional pollution from occurring in a water source by restricting public access reduces the amount of contaminants that have to be removed from the water. Considerations for opening Mclellan Reservoir for public use include park management, trash collection, liability and maintenance, all of which are expensive issues. There are no restrooms, paved roads or parking facilities currently in place. Ex isting fish and wildlife ecosystems would be greatly impacted. Adjacent neighbors have indicated that opening the reservoir could meet with strong resistence. Motion: Motion: To recommend to Council to establish an Administrative Policy restricting public access to the Mclellan Reservoir. Seconded: Motion passed unanimously. .. • The meeting adjourned at The next meeting will be held Tuesday, November 10, 2015 at 5:00 p .m. in the Community Development conference Room. Respectfully submitted, Cathy Burrage Recording Secretary WATER & SEWER BOARD MINUTES NOVEMBER 10, 2015 Present: Wiggins, Penn, Burns, Moore, Lay, Habenicht, Olson, Oakley Absent: Gillit Also present: Tom Brennan, Director of Utilities John Bock, Manager of Administration The meeting was called to order at 5:02 ~ 1) MINUTES OF THE OCTOBER 13, 2015 MEETING . The Board received the Minutes of the October 13, 2015 Water & Sewer Board Meeting. Motion: To approve the Minutes of the October 13, 2015 meeting. Moved: Burns Seconded: Habenicht Motion approved unanimously. ~ 2. GUEST: JOHN CHRISTIAN -4557 S. LOGAN ST. -SEWER REFUND. It was discovered during a sewer back-up that the house at 4557 S. Logan St., owned by Mr. John Christian, was on a septic system. It was never connected to the City's sewer system, but being billed for sewer service. John Bock, Manage r of Administration, refunded the amount Mr. Christian pa i d back to the Statute of Limitations date. The amount refunded was $1,474.44. Mr. Christian appeared before the Board to request a refund on his sewer bill beyond the Statute of Limitations, back to when he purchased the property on September 18, 1998 to cover expenses related to the back-up. The additional refund would be $845.61. .. ..