HomeMy WebLinkAbout2014 Ordinance No. 019•
ORDINANCE NO. Lf
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 20
INTRODUCEDBYCOUNCll..
MEMBER OLSON
AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO
PARTICIPATE IN THE SOUTH PLATTE WATER RELATED ACTIVITIES PROGRAM, INC.
(SPWRAP) WITH THE DEPARTMENT OF THE INTERIOR TO IMPROVE THE HABITAT
BY PROVIDING MORE WATER IN THE CRITICAL AREA ALONG THE PLATTE RIVER IN
NEBRASKA AND PROVIDE COMPLIANCE WITH THE ENDANGERED SPECIES ACT.
WHEREAS, in 1997 the governors of the states of Colorado, Nebraska and Wyoming signed an
agreement with the Department of Interior to improve the habitat for endangered species along the
Platte River and tributaries; which agreement promised participation by the users of the Platte
River in each state and the Federal government; and
WHEREAS, one aspect of this agreement is a program called "South Platte Water Related
Activities Program, Inc." (SPWRAP), a nonprofit which was set up for the purpose of coordinating
efforts to benefit the endangered species along the Platter River; and
WHEREAS, the South Platte Water Related Activities Program (SPWRAP) is an
intergovernmental agreement with the Department of the Interior to improve the habitat of the
following endangered species -the Interior Least Tern, Whooping Crane, Pallid Sturgeon and
the threatened Piping Plover; and
WHEREAS, the South Platte Water related Activities Program (SPWRAP) would improve
the habitat, by providing more water in the critical area along the Platte River in Nebraska; and
WHEREAS, the City of Englewood, Colorado, along with other water users along the South
Platte River, are the principals in the SPWRAP Agreement, which provides compliance with the
Endangered Species Act by participating entities; and
WHEREAS, the Department of the Interior is funding half of the program, and through the
Corps of Engineers, issues 404 Permits for users along the South Platte River; and
WHEREAS, these permits are mandatory for construction, repairs or projects in or· along the
South Platte River; and
WHEREAS, the Englewood City Council approved Englewood's participation in the South
Platte Water Related Activities Program by the passage of Resolution No. 39, Series of 2007;
and
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WHEREAS, Englewood's portion of the assessment for the SPWRAP Program for 2014 is
$10,458.00 with an annual assessment for an additional 6 years, with the assessment subject to
the Colorado State TABOR restrictions; and
WHEREAS, future assessment amounts will be computed on treated water use and the
number of participants with the SPWRAP Program; and
WHEREAS, the Englewood Water and Sewer Board recommended the City's participation in
the South Platte Water Related Activities Program for 2014 and the six years thereafter at their
March 11, 2014 meeting.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes
Englewood's participation in the South Platte River Program with the Department of the Interior
to improve the habitat of certain endangered species until the year 2020, subject to the Colorado
State TABOR restrictions, attached hereto as Exhibit A.
Introduced, read in full, and passed on first reading on the 7th day of April, 2014.
Published by Title as a BHI for an Ordinance in the City's official newspaper on the I I th day of
April , 2014 .
Published as a Bill for an Ordinance on the City's official website beginning on the 9th day of
April, 2014 for thirty (30) days.
Read by title and passed on finaJ reading on the 21st day of April, 2014.
Published by title in the City's official newspaper as Ordinance No. Ji, Series of 2014, on
the 25th day of April, 2014.
Published by title on the City;s official website beginning on the 23rd day of
April, 2014 for thirty (30) days.
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I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is p /Jtrue copy of the Ordinance passed on final reading and published by
title as Ordinance No.~ Series of 2014 .
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South Platte Water Related Activities Program, Inc.
220 Water Avenue, Berthoud, Colorado. 80513
January 13, 2014
RE: SPWRAP Municipal Source ,vater Usage Questionnaire
Dear SPWRAP Municipal Member;
f"'...m ~~
SPWRAP
As a signatory to the Platte River Recovery & Implementation Program (PRRIP) the State of
Colorado is required to provide source water use data every 5 years detailing the usage of water
in the South Platte River drainage in Colorado. This infonnation is used to verify and update the
assumed processes and data that were initially used during PRRIP negotiations. SPWRAP is
contractually obligated to collect and provide some of tllis data to the State. We need your
assistance with completing the attached questionnaire to meet these contractual obligations.
In order to collate and report the data to the State by the due date, we respectfully request you
return the questionnaire with a copy of your 2014 Reporting Fonn & Assessment Invoice,
including payment, which is due by March 3, 2014. If you have questions regarding the
completion of the questionnaire, please contact Jon Altenhofen at NCWCD as indicated at the
top of the questionnaire.
Thank you in advance f◄ r your assistance.
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South Platte Water Related Activities Program, Inc. (SPWRAP)
2014 Questionnaire on Sources of Water Supply -Required for Colorado 3-States PRRIP reporting.
Have questions? Contact Jon Altenhofen at jaltenhofen@ncwcd.org or call 970-622-2236.
Please return by March 3. 2014 with 2014 ReportingForm &Assessment Invoice and Payment
Reporting Entity: CITY OF ENGLEWOOD .
Mailing Address:
1000 Enalewood Pkwy.
J:'nnlPwnnn . r.o RnJJn · -Email Address: sf onda@eng 1 ewoodgou .• org
Phone Number:
Submitted By: Stewart .H. Fonda
Title: Director of Utilities
Please fill in following blanks:
Years are calendar years (January-December)
Population Served with Treated Water
2009-2013 Average
31,000
County: Arapahoe
Date:
For the Treated Water Use on your 2014 Reporting Form list the following% sources (should add to
100%):
2009-2013 Average
% Transbasin Imports
% Native South Platte Flow Development
(Surface Water and Tributary Groundwater)
% Nontributary Groundwater
__ %
100 %
_%
% In Basin Agricultural Conversion:
(All acquired agriculture water rights)
__ %
Total lQ9__ %
Water Conservation Question: Reduction in water use due to residential conservation will be computed from
total gpcd for residential deliveries (gallons per capita per day) as compared to prior reporting/studies:
5 year Average
2009-2013
90 gpcd (residential base line)
Wastewater -Reuse/Exchange Question: % reuse of all sources actually reused after wastewater treatment
(Directly after treatment-by pipeline or flow downriver for rediversion and indirectly by exchange/augmentation;
Total of all reuse):
5 year Average
2009-2013
% ----
Page 1 of2
South Platte Water Related Activities Program, Inc.
Municipal (Class M) Membership
2014 Reporting Form & Assessment Invoice
A. Instructions:
Please fill in this form including membership information, water use data, and the assessment as calculated.
Send payment for your SPWRAP annual assessment to the address listed at the bottom of this form.
Municipal Member Entity
Mailing Address
email Address
Phone Number
Submitted By
Title
CITY OF ENGLEWOOD ,
1000 ENGLEWOOD PARKWAY
ENGLEWOOD, co · 80110
sfonda@eng1ewoodgov.org
303-762-2636
Stewart H. Fonda 2-25-14
Date
Director of Utilities
B. Treated Water Use (Previous 5-Year Average, if available)
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Note: A member's water use for purposes of defining the number of single-family equivalent taps
for SPWRAP is defined as "any treated water deliveries from sources of water owned by the
member."
(A) (B) (C) (D) =A+ B-C
Treated Water
Production at Total Treated
Member's Plant(s) 1 Additions 2 Subtractions 3 Water Use
Year {acre feet) (acre feet) (acre feet) (acre feet)
2009 ti fiAl 5,683
2010 6,263 6~263
2011 5,718 5,718
2012 5.770 5,770
2013 5.616 5,616
Average Adjusted Treated Water Use 4 5,810
1The total amount of treated water produced at your entity's water treatment facility
2Add any treated water that is owned by your entity but treated by another entity.
3Subtract any water treated at your facility but not owned by your entity.
4Equals the sum divided by the number of years reported .
2014 SPWRAP Reporting Form Class M 12-26-13.xlsForm 12/26/2013
Paga 2of 2
C. Calculation of Single Family Equivalents, Membership Units and Annual Assessment
1
2
3
4
5
6
7
B
9
Previous 5-Year Average (2009-2013) Treated Water Use (AF)
s Use per S.F. Account (AF/SFE)
Single Family Equivalents (No. 1divided by No. 2)
SPWRAP Member Units per SFE 5
Total SPWRAP Member Units (No. 3 multiplied by No. 4)
2014 SPWRAP Assessment (per member unit)5
Calculated Assessment (No. 5 multiplied by No. 6)
5Numbers 2, 4 & 6 above are fixed for all members in 2014
Minimum Assessment:7
2014 SPWRAP Assessment (enter larger of line 7 or 8 above)
If you are paying your assessment for all remaining years of the
PRRIP "First lncremenr as described In Note 7, check here
5,810
0.50
11,620
6.0
69,720
$ 0.15
10.458.00
$50,00
10,458.00
D. Payment of Assessment (Due by March 3rd in 2014)
*Note:;:
Payment of the annual assessment will provide membership in SPWRAP and coverage
under the Platte River Recovery Implementation Program through calendar year 2014.
Please make check payable to "SPWRAP" and send to the following address:6
SPWRAP
% Northern Colorado Water Conservancy District
220 Water Avenue
Berthoud, Colorado, 80513
6 1f your entity requires a separate invoice please mail completed form to the above address.
Please indicate that an invoice is requested.
7 SPWRAP has established a minimum annual assessment of $50. Also, a member
whose annual assessment is $200 or less has the option of making a one-time assessment
payment that is thirteen times {the length of the Program first increment) their calculated
annual assessment. If a member's calculated annual assessment is $2, thirteen times that
amount would be $26. However, since the minimum assessment is $50, the member pays
$50 one time and is covered for the first increment of the Program. If a member's
calculated annual assessment is $6, the member can either pay $50 each year, or make a
one-time assessment payment of $78 ($6 x 13). Members should consider the possible
benefits of making a one-time payment.
Thi:; reporling form may be revised In the future to reflect information needed to comply with Program requirements.
Entitle:; electing to Join after 2007 will be required to pay the a:;sessment for the year they Join the program.
In addition the new member must pay asses:;ments for all prior ye~ of the program, pfus 4% Interest, compounded annually.
2014 SPWRAP Reporting Fonn Class M 12-26-13 .xlsFonn 12/26/2013
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The South Platte Water Related
Activities Program · ·
Since the late 1970's, conflicts between water use and endangered species
protection have affected federal permitting of existing and planned irrigation,
municipal and industrial water supply projects in the Platte River basin . These are
404 permits issued by the Army Corps of Engineers whenever work is done in the
South Platte River or any of Its tributaries.
In 1997, the Governors of the States of Colorado, Nebraska and Wyoming signed an
agreement with the Department of the Interior to improve and/or study the habitat of
four endangered species in the central Platte River in Nebraska ( endangered interior
least tern, whooping crane and pallid sturgeon and the threatened piping plover
(target species)). Some Colorado water users have incorporated into the South
Platte Water Related Activities Program, Inc. (SPWRAP), a Colorado nonprofit
corporation, to represent users and partner with the State to ensure compliance with
Program obligations. SPWRAP will serve as the vehicle by which Colorado South
Platte water users participate in the Program, and the exclusive means by which
they will obtain the regulatory benefits of the Program. The Program was finalized in
October, 2006 . This program will allow water projects to be initiated with relatively
little effort required for Endangered Species Act (ESA) compliance .
The program is a basin-wide effort undertaken by the 3 States and the Department
of the interior to provide benefits for the endangered interior lesser tern, whooping
crane, and pallid sturgeon and the threatened piping plover (the target species). The
habitat for these species is in Nebraska near Grand Island. Through the program
the states a_nd the federal government will provide land, water and systematic
monitoring and research.
The program is designed to be incremental, with the first increment lasting at least
13 years. During this time the objectives are to :
1. retime and improve flows in the central Platte River by an average of
130,000 to 150,000 acre-feet per year at Grand Island;
2. protect, restore and maintain 10 ,000 acres of habitat;
3. Implement the integrated monitoring and research plan through the
Adaptive Management Plan.
The monetary cost of the first increment of the program is $187 million (2005). The
States plan to contribute water and land in addition to the monetary contributions.
The total burden of money, land and water will be shared equally by the 3 States
(50%) and the United States (50%). Basically, Colorado would provide money,
Wyoming would provide water and Nebraska would provide land with the United
States providing matching contributions. ·
This program is voluntary to water users along the South Platte River. The downside
is that if a federal 404 permit (for any activities in the river or its tributaries) is needed
by a water user, that user will be charged past dues to the program or the permit will
not be issued. The good news is that by participating in the program, the entity is
assured compliance with the Endangered Species Act. Otherwise compliance in the
future may cost much more than the program ·costs. The Program provides
substantial benefits to water users in the form of regulatory predictability under the
ESA.
The water users' portion is determined by the amount of water used in the past five
years. Englewood's contribution will be approximately $29,000 for this year. Since
the ESA went into effect, it was common knowledge that those diverting water
(especially in the Platte River basin} would be affected in some way. There were
many options discussed as to how water users would comply and some were very
detrimental to the diversion of water. The Program will allow compliance without
curtailing diversions by Englewood.
• Assessm~nts will change each year depending on the amount of water
produced for the previous 5 years.
• The Program would like as.sessrnents fo·r the first year paid by April 1, 2007.
• Assessments may change depending on how many entities join.
• COUNCIL COMMUNICATION
Date Agenda Item Subject
April 7, 2014 9 a i S. Platte Water Related Activities
Program -Endangered Species
Act
INITIATED BY STAFF SOURCE
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved Englewood's participation in the South Platte River Program at their March 5, 2007
meeting.
RECOMMENDED ACTION
The Englewood Water and Sewer Board recommended at their March 11, 2014 meeting, Council approval
of a bill for an ordinance authorizing Englewood's continued participation in the South Platte Water Related
Activities Program for 2014 and the six years thereafter.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The South Platte Water Related Activities Program (SPWRAP) is an agreement with the Department of the
Interior to improve the habitat of the following endangered species -the interior least tern, whooping
crane, pallid sturgeon and the threatened piping plover. The South Platte Water Related Activities Program
(SPWRAP) would improve the habitat, by providing more water in the critical area along the Platte River in
Nebraska. Englewood, along with other water users along the South Platte River, are the principals in the
SPWRAP agreement. This agreement provides compliance with the Endangered Species Act to
participating entities.
The Department of the Interior is funding half of the program, and through the Corps of Engineers, issues
404 Permits for users along the South Platte River. These permits are mandatory for construction, repairs or
projects in or along the South Platte River.
FINANCIAL IMPACT
Englewood's portion of the assessment for the program for 2014 is $10,458.00 with an annual assessment
for an additional 6 years. Future assessment amounts will be computed on treated water use and number
of participants with the SPWRAP Program. There are funds in the water fund budgeted for this program
with an annual assessment for an additional 6 years, with the assessment subject to Colorado State TABOR
restrictions.
LIST OF ATTACHMENTS
Approved minutes from the March 11, 2014 Water and Sewer Board meeting
Bill for an Ordinance
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Present:
Absent:
Also present:
WATER & SEWER BOARD
MINUTES
MARCH 11, 2014
Oakley, Wiggins, Habenicht, Waggoner, Bums, Penn, Olson, Lay
Gillet, Moore
Stewart Fonda, Director of Utilities
John Bock, Manager of Administration
Tom Brennan, Utilities engineer
The meeting was called to order at 5:00 p.m.
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1. MINUTES OF THE FEBRUARY 11, 2014.
The Board received the Minutes of the February 11, 2014 Water Board meeting. A correction
was noted.
Motion: To approve the February 11, 2014 Water Board Minutes as amended.
Moved: Lay Seconded: Penn
Motion approved unanimously.
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2. GUEST: DON MARTURANO -SOUTH ENGLEWOOD SANITATION
DISTRICT #1-4500 S. LAFAYETTE ST. -OUTDOOR LIFT STATION.
Don Marturano, Attorney for South Englewood Sanitation District No. 1, appeared before the
Board and requested a continuance until the April, 2014 Water Board meeting on the issue of a
variance for an outdoor private sewer ejector for 4500 S. Lafayette St. and 1424 E. Stanford Ave.
Mr. Fonda noted that the City of Englewood only treats the resulting sewage from these
properties. He also noted that the City of Englewood did not evaluate whether odors or spills
will be a problem. The Englewood Utilities Department will require a letter accepting
responsibility for odors and spills from the lift station from the property owners and South
Englewood Sanitation District #1. The lift station must also be accepted by the Cherry Hills
Village Sanitation District.
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3. GUEST: COWEEN DICKERSON, 2835 S. PENNSYLVANIA ST. -CHARGING
INTEREST ON LATE FEES.
The Board received correspondence from Coween Dickerson, Utilities staff, City Manager and
Council, along with the Water Board Minutes of January 14, 2014 and billing history relating to
her issue of charging interest on late fees. Ms. Dickerson's current balance is $13 and is under
the $20 threshold for action. John Bock noted that the City Attorney's office noted that the City
is in compliance with state statue and her next appeal process would be with District Court. The
Board discussed sending an additional letter to Ms. Dickerson. Utilities staff noted that Ms.
Dickerson was notified in January, 2014 of the Board's decision. There have been no further
developments that changed the issue.
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4. PURCHASE OF JET/VACUUM VACTOR TRUCK.
The requested combination jet cleaning/vacuum combination truck is designed to simultaneously
clean and remove blockages at first point of contact rather than having to go through the entire
system to the treatment plant. Seven bids were received with the Williams Equipment Company
being the recommended bidder at $278,700. This is a normal CERF replacement. Staff noted
that the lowest bid did not meet specifications, so the second bid was accepted.
Motion:
Moved:
To recommend Council approval of the purchase of a combination unit jet
cleaning/vacuuming machine (Vactor Truck). The recommended bid is from
Williams Equipment in the amount of $278,700.
Habenicht Seconded: Waggoner
Motion passed unanimously.
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5. TWO 3 MILLION-GALLON WATER STORAGE TANK ROOF REHAB.
An inspection of the two 3-million-gallon tanks determined that the floor slabs, columns and
walls were in good condition. The tank roof slabs, however, have deteriorated and are in poor
condition, and if left unrepaired, deterioration will become more extensive. Substantial repair
and protection measures are recommended to extend the serviceability of the tanks. These
repairs should extend the service life of the tanks by at least 20 years. Two specialty contractors
are required for the process and must be certified to work on the membrane and roof.
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Motion:
Moved:
To recommend Council approval of the bid from Moltz Construction, Inc. as the
lowest acceptable bidder at $1,188.500 for repairing the two 3-million-gallon
water storage tank roof slabs.
Bums Seconded: Kells
Motion passed unanimously.
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6. FLOOD CUTS DURING BACKUP RESTORATION.
John Bock, Manager of Utilities Administration, appeared to discuss the current remediation
policy after a City-caused sewer main backup or damage caused by a water main. Currently
Belfore International does flood cuts removing damaged drywall to facilitate drying. Under the
existing policy, the flood cut drywall is not replaced. Staff asked the Board if they wished to
modify the existing remediation policy.
Motion:
Moved:
To modify the existing remediation policy in the case of City-caused water or
sewer damage by providing drywall replacement and taping after flood cuts
are made .
Lay Seconded: Bums
Motion approved unanimously.
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7. 804 E. STANFORD A VE. -REQUESTING ENGLEWOOD PROVIDE WATER
SERVICE.
A request was received from Mr. Lance Cain, the owner of 804 E. Stanford Ave. and the
adjacent 825 W. Tufts Ave. to provide water service to his property, which is in the Denver
Water service area. Englewood provides water service to adjacent properties on the south, east
and north of this address. Denver Water has approved the transfer of water service to
Englewood water for this property.
The owner would be required to pay all costs to extend service to his properties.
Motion:
Moved:
To approve providing water service to 804 E. Stanford Ave. and 825 W.
Tufts Ave. subject to the owners paying all costs.
Bums Seconded: Habenicht
Motion approved unanimously.
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8. S. PLATTE WATER RELATED ACTMTIES PROGRAM -ENDANGERED
SPECIES ACT.
The South Platte Water Related Activities Program (SPWRAP) is an agreement with the
Department of the Interior to improve the habitat of endangered species. The SPWRAP program
improves the endangered species habitat by providing more water in the critical area along the
Platte River in Nebraska. This agreement provides compliance with the Endangered Species Act
to participating entities.
Englewood's portion of the assessment for the program for 2014 is $10.458, with an annual
assessment for an additional six years. Future assessment amounts will be computed on treated
water use and number of participants.
Motion: To recommend Council approval of Englewood's continued participation in the S.
Platte Water Related Activities Program and assessment for 2014 and approving
the assessment, based on water consumption, for six years thereafter.
Moved: Habenicht
Motion approved unanimously.
The meeting adjourned at 5:30 p.m.
Seconded: Waggoner
The next Water and Sewer Board meeting will be Tuesday, April 8, 2014 at 5:00 p.m. in the
Community Development Conference Room.
Respectufully submitted,
Cathy Burrage
Recording Secretary
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