HomeMy WebLinkAbout2014 Ordinance No. 064f ,.
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ORDINANCE NO. ki_
SERIES OF 2014
BY AUTHORITY
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COUNCIL BILL NO. 65
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE APPROVING SUPPLEMENT NO. 38 TO THE SOUTH ARAPAHOE
SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND
WITHIN THE DISTRICT BOUNDARIES.
WHEREAS, South Arapahoe Sanitation District recommends the inclusion of Aspen Academy
Investment Fund Property of approximately 4.047 acres into the District; and
WHEREAS, said inclusion is located on the North West comer of University and Orchard
Avenue in Greenwood Village; and
WHEREAS, the zoning of this property in Greenwood Village is currently zoned R-1.0 PUD
which is the proposed use of this property; and
WHEREAS, said inclusion of this parcel of land will not increase or decrease the tap
allocation to the South Arapahoe Sanitation District; and
WHEREAS, the Englewood Water and Sewer Board recommended approval of this Agreement
at its September 9, 20 14 meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section l. The Agreement between the City of Englewood and South Arapahoe Sanitation
District entitled "Supplement No. 38, to Connector's Agreement", for inclusion of the Aspen
Academy Investment Fund Property consisting of 4 .047 acres located on the North West comer of
University and Orchard Avenue in Greenwood Village, is hereby accepted and approved by the
Englewood City Council. A copy of said Agreement is attached hereto as "Attachment 1" and
incorporated herein by reference.
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, Colorado .
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Introduced, read in full, and passed on first reading on the 3rd day of November, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 7th day of
November, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 5th day of
November, 2014 for thirty (30) days.
Read by title and passed on final reading on the 17 day of November, 2014.
Published by title in the City's official newspaper as Ordinance No/ii., Series of 2014, on
the 21st day of November, 2014.
Published by title on the City's official website beginning on the 19th day of
November, 2014 for thirty (30) days.
. Penn, Mayor
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is } ,3.~ copy of the Ordinance passed on final reading and published by
title as Ordinance No . .Jtlf .:,eries of 2014.
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SUPPLEMENT NO. --=3~8~ __ TO CONNECTOR'S AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY OF
ENGLEWOOD, acting by an through its duly authorized Mayor and City Clerk,
hereinafter called the "City," and SOUTH ARAPAHOE SANITATION DISTRICT,
dated ___________ day of _______ , 20. ___ _
Arapahoe and Douglas Counties, Colorado, hereinafter called the "District,"
WITNESSETH:
WHEREAS, on the _17th_ day of_October_, 1988_ 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 served by the District, which Agreement
was renewed by Connector's Agreement dated __ January 17_, 2011.
WHEREAS, 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:
1. The City hereby consents to the inclusion of certain additional area located in
Arapahoe County, Colorado, owned by _Aspen Academy, 5859 S. University Blvd.,
Littleton, CO 80121 and more fully described on Exhibit A attached hereto and
incorporated herein by reference, into South Arapahoe 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 _ October 17.
1988_ and Amended _January 17, 2011 __ . Accordingly, Exhibit A referred to in
Paragraph 1 of the Connector's Agreement dated ___ October 17, 1988 __ and
Amended __ October 17, 2011_, is hereby amended to include such additional area.
2 . Each and every other provision of the said Connector's Agreement shall remain
unchanged.
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IN WITNESS WHEREOF, the parties have set their hands and seals this
____ day of _______ , 20 __
ATTEST:
CITY CLERK
(SEAL)
ATTEST:
SECRETARY
(SEAL)
Supplement for CoMcctors Agr.doc
CITY OF ENGLEWOOD
BY ___________ _
MAYOR
SOUTH ARAPAHOE SANITATION
DISTRICT
ARAPAHOECOUNTY, COLORADO
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ASPEN ACADEMENY INVESTMENT FUND PROPERTY
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PARcel'A:' A PARCEL OF LAND BEING IN THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 5
SOUTH', RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF EAST
ORCHARD ROAD, BEING 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE
SAID SOUTHEAST 1/4, WITH THE WEST RIGHT OF WAY LINE OF SOUTH UNIVERSITY
BOULEVARD BEING 45 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID
SOUTHEAST 1/4; TH ENCE NORTHERLY ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE
OF 178. 70 FEET: THENCE WESTERLY AND PARALLEL WITH SAID SOUTH LINE ON AN
INTERIOR ANGLE TO THE RIGHT OF 88 DEGREES 41 MINUTES 20 SECONDS A DISTANCE OF
163.70 FEET; THENCE SOUTHERLY AND PARALLEL WITH TiiE EAST LINE OF THE SAID
SOUTHEAST 1/4 ON AN INTERIOR ANGLE TO THE RIGHT OF 91 DEGREES 18 MINUTES 40
SECONDS A DISTANCE OF 178.70 FEET TO A POINT ON THE SAID NORTH RIGHT OF WAY
LINE; THENCE EASTERLY ALONG THE SAID NORTH RIGHT OF WAY LINE ON AN INTERIOR
ANGL.f TO THE RIGHT OF 88 DEGREES 41 MINUTES 20 SECONDS A DISTANCE OF 163.70
FEET TO THE POtNT OF BEGINNING, COUNTY OF ARAPAHOE, STATE OF COLORADO,
PARCEL B: A PARCEL OF LAND BEING IN THE SOUTHEAST :1/4 OF SECTION 14, TOWNSHIP
5 SOUTH, RANGE 88 WEST OF TiiE 6TH PRINCIPAL MERIDIAN, MORE PARTICULARL¥1..
DESCRIBED AS FOLLOWS: •~t, .. >
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BEGINNING AT THE POINT ON THE NORTH RIGHT OF WAY LINE OF EAST o~ctb'lw ROAD,
BEING 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID'S.OlJTHEAST 1/4,
208. 7 FEET WEST OF AND PARALLEL TO THE EAST LINE OF THE soutH~t 1/4; THENCE
NORTHERLY AND PARALLEL TO THE SAID WEST RIGHT OF WAY U~! A.DISTANCE OF 178.70
FEET:THENCEWESTERLV AND PARALLEL WITH SAID SOUTH .Ll~.~N'AN INTERIOR ANGLE
TO THE RIGHT OF 88 DEGREES 41 MINUTES 20 SECOND~•iltt$~CE OF 206.70 FEETTO
A POINT ON THE EASTERLY BOUNDARY LINE OF THE PAf\C!U-D.ESCRIBED IN BOOK 814 AT
PAGE 585; THENCE SOUTHERLY ALONG SAID EASTERLY BOUNDARY LINE ANO PARALLEL
WITH THE EAST LINE OF lliE SAID SOUTHEAST 1/4, ON AN INTERIOR ANGLE TO THE RIGHT
OF 90 DEGREES 18 MINUTES 40 SECONDS~ QJsr~cE OF 178.70 FEET TO A POINT ON
THE SAID NORTH RIGHT OF WA.Y LINE; THEt,l9fJ:ASTERLY ALONG SAID NORTH RIGHT OF
WAY LINE ON AN INTERIOR ANGLE To :n,te-'aj'GHT OF 88 DEGREES 41 MINUTES 20
SECONDS A DISTANCE OF 206.70 FEET Tb THE POINT OF BEGINNING. COUNTY OF -
ARAPAHOE, STATE OF COLORA~Q:. -..,_ .....
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PARCEL c: A PARCEL OF LMt\l.BEING IN THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 5
SOUTH, RANGE 88 WE~_dF,THE 6TH PRINCIPAL MERIDIAN, MORE PARTICULARLY
DESCRIBED AS FOL~0 ti' . . . ., ,~
BEGINNING AT .. A"'P_bl~T 500 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SECTION
14; THENP..E;WISS't 417.4 FEET TO THE NORTHEAST CORNER OF THE TRACT OF LAND
DESCRIB~JffDEED RECORDED MAY 31. 1952 IN BOOK 759 AT PAGE 178; THENCE
SOI.JT'ij-A).:ONG THE EAST LINE OF SAID TRACT A DISTANCE OF 291.3 FEET; THENCE EAST
417.4.!fEET, MORE OR LESS, TO THE EAST LINE OF SAID SECTION 14; THENCE NORTH
ALONG THE EAST LINE OF SAID SECTION 14 A DISTANCE OF 291.3 FEET TO THE POINT OF
BEGINNING;
EXCEFTING THEREFROM THAT PART OF SAID TRACT LYING EAST OF THE WEST LINE OF THE
PARCEL CONVEYED TO THE DEPARTMENT OF HIGHWAYS IN BOOK 1666 AT PAGE 253,
COUNTY OF ARAPAHOE, STATE OF COLORADO.
COUNCIL COMMUNICATION
Date Agenda Item Subject
November 3, 2014 9 a i S. Arapahoe Sanitation District
Supplement #38
INITIATED BY STAFF SOURCE
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
N/A
RECOMMENDED ACTION
The Water and Sewer Board, at their September 9, 2014 meeting, recommended Council approval of a bill
for an ordinance authorizing the South Arapahoe Sanitation District Supplement #38.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood provides sewage treatment outside of the City of Englewood through contracts with
numerous connector districts. 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 what the City considers to be the
area it has committed to serve. Adequate capacity has been provided in the treatment plant to
accommodate all such future inclusions. Annexation of this parcel of land will not increase the tap
allocation of the South Arapahoe Sanitation District.
A request was made by the South Arapahoe Sanitation District representing the owner, Aspen Academy
Investment Fund, for inclusion of Supplement #38 consisting of a parcel totaling 4.047 acres into the South
Arapahoe Sanitation District. Through an error, it was believed that this parcel was in the Southgate
Sanitation District, but was actually located in the South Arapahoe Sanitation District. The Petition for
Exclusion hearing from the Southgate Sanitation District was July 8, 2014, and was recorded on July 15,
2014.
The property is located on the corner of S. University Blvd. and E. Orchard Rd. It is zoned R-1.0 PUD,
which is a residential classification, but has a special use permit that allows it to operate as a school. There
are no plans to change the zoning.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
· Approved Water and Sewer Board minutes from September 9, 2014
-Bill for an Ordinance
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Present:
Absent:
Also present:
WATER & SEWER BOARD
MINUTES
SEPTEMBER 9, 2014
Wiggins, Penn, Olson, Lay, Gillet, Oakley, Bums, Moore, Habenicht,
Waggoner
Lay, Waggoner
Stewart Fonda, Director of Utilities
Peter Nichols, Water Attorney with Berg, Hill, Greenleaf, Rusciti
Patrick Haines, of Berg, Hill, Greenleaf & Rusciti
David Hill, of Berg, Hill, Greenleaf & Rusciti
Tom Brennan, Englewood Utilities Engineer
Dan Brotzman, Englewood City Attorney
The meeting was called to order at 5 :00 p.m.
1. MINUTES OF THE AUGUST 19, 2014 WATER BOARD MEETING.
The Board received the Minutes of the August 19, 2014 Water and Sewer Board meeting.
Motion: To approve the August 19, 2014 Water and Sewer Board meeting.
Moved: Bums Seconded: Oakley
Motion carried unanimously.
0 Motion to call an Executive Session to discuss water rights:
Moved: Wiggins Seconded: Habenicht
Motion approved unanimously.
EXECUTIVE SESSION BEGAN AT 5:07 p.m.
David Hill, of Berg, Hill & Greenleaf appeared to discuss Englewood's water rights and
strategies. The Como Reservoir application was discussed. A memo from David Hill stated that
it would be expensive to continue to develop this right which would produce little water. The
Board agreed with this position and that Englewood should not expend funds to continue to
perfect this right.
Motion to end the Executive Session:
Burns, Habenicht
Motion approved unanimously.
EXECUTIVE SESSION ENDED AND THE REGULAR WATER BOARD SESSION
RESUMED AT 5:40 P.M.
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2. SOUTH ARAPAHOE SANITATION DISTRICT SUPP. #38.
A request was made by the South Arapahoe Sanitation District representing the owner, Aspen
Academy Investment Fund, for inclusion of Supplement #38 consisting of a parcel totaling 4.04 7
acres into the South Arapahoe Sanitation District. Through an error, it was believed that this
parcel was in the Southgate Sanitation District, but was actually located in the South Arapahoe
Sanitation District. The Petition for Exclusion from Arapahoe County District Court with
Southgate Sanitation District was granted July 8, 2014, and was recorded on July 15, 2014.
The property is located on the comer of S. University Blvd. and E. Orchard Rd. It is zoned R-1.0
PUD, which is a residential classification, but has a special use permit that allows it to operate as
a school. There are no plans to change the zoning.
Motion:
Moved:
Motion carried.
To recommend Council approval of the South Arapahoe Sanitation
District Supplement #38.
Gillit Seconded: Habenicht
3. WATER ACCOUNT SUB-METERING.
The Board received infonnation on sub-metering which could be used as a tool for water savings
in multi-family situations where a sole master meter has been installed. This allows the property
owners or management to allocate water charges in a more equitable manner instead of using an
average, per unit basis, therefore giving the individual units an incentive for water conservation.
Englewood's position is for this to be a self-policing water management tool for multi-unit
buildings and not intended to be mandatory.
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4. RV SEWER CONNECTION ON A RESIDENTIAL YARD.
The Board received a memo from Dan Brotzman, City Attorney, noting that RV's connecting to
the sewer system is currently prohibited by Englewood Municipal Code 12-2-4G(S) and 12-2-
SB(l)(v). A residence is allowed by municipal code to have sewer clean-outs, but it can't be
used to dispose of RV waste.
The meeting adjourned at 6:00 p.m.
The next Water and Sewer Board meeting will be Tuesday, October 14, 2014 at 5:00 in the
Community Development Conference Room.
Respectfully submitted,
Cathy Burrage
Recording Secretary