HomeMy WebLinkAbout2014 Ordinance No. 065ORDINANCE NO./£'
SERIES OF 2014
CONTRACT. NO. '\lo-7..0 \ '-\
BY AUTHORITY
COUNCIL BILL NO. 66
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE APPROVING SUPPLEMENT NO. 5 TO THE CHERRY IIlLLS VILLAGE
SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND
WITHIN THE DISTRICT BOUNDARIES.
WHEREAS, Cherry Hills Village Sanitation District recommends the inclusion of
approximately 16.269 acres into the District for residential use; and
WHEREAS, said inclusion is located in the 3800-4000 Blocks ofE. Belleview Avenue in
Greenwood Village; and
WHEREAS, the proposed inclusion is to install a sewer line and connect to the existing sewer
main in the street; and
WHEREAS, the zoning of this property in Greenwood Village is currently zoned Residential
which is the proposed use of this property; and
WHEREAS, said annexation of this parcel of land will not increase the tap allocation to the
Cherry Hills Village Sanitation District; and
WHEREAS, the Englewood Water and Sewer Board recommended approval of this Agreement
at its October 7, 2014 meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Agreement between the City of Englewood and Cherry Hills Village Sanitation
District entitled "Supplement No . 5, to Connector's Agreement", which includes 16 .269 acres
located in the 3800-4000 Blocks of E. Belleview Avenue in Greenwood Village, is hereby accepted
and approved by the Englewood City Council. A copy of said Agreement is attached hereto as
"Attachment I" 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 C ity'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. h5:'"Series of 2014, on
the 21st day ofNovember, 2014.
Published by title on the City's official website beginning on the 19th day of
November. 2014 for thirty (30) days.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is, a _!rue copy of the Ordinance passed on final reading and published by
title as Ordinance No.~ Series of 2014.
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SUPPLEMENT NO. --"5"--_TO CONNECTOR'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 the City of Cherry HiJts Village Sanitation District,
Arapahoe and Douglas Counties, Colorado, hereinafter called the '"District,"
WITNESS ETH:
WHEREAS, on the 2nd day of June, ] 975 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 \Vithin the area served by the District, which Agreement was
renewed by Connector's Agreement dated May 12, 1997.
WHEREAS, said Connector's Agreement provides that the district may not enlarge its
service area without the YrTitten 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, O\\ned by Harrison Oaks North LLC and more fully
described on Exhibit A attached hereto and incorporated herein by reference, into the
City of Cherry Hills Village Sanitation District. The City agrees that said additional area
may be served with the sewer facilities of the district, and that the City \'/ill treat the
sewage discharged into the City's trunk. line from said additional area, all in accordance
Ytith the Connector's Agreement dated June 2, 1975, and Amended May 12, 1997.
Accordingly, Exhibit A referred to in Paragraph 1 of the Connector's Agreement dated
June 2, 1975 and Amended May 12, 1997, is hereby amended to include such additional
area
2. Each and every other provision of the said Connector's Agreement dated June 2, 197 5
and Amended May 12, 1997, shall remain unchanged.
IN '\\1TNESS WHEREOF, the parties have set their hands and seals this
_____ day of .2014.
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1TEST:
CITY CLERK
(SEAL)
ATTEST:
CITY OF ENGLEWOOD
BY ___________ _
MAYOR
CITY OF CHERRY HILLS Vll,LAGE
SANITATION DISTRICT
ARAPAHOECOUNTY,COLORADO
~ SECRETARY ~ :
(SEAL)
Supplement forConr.i:ctors Agr.doc
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EXHIBIT A -LEGAL DESCRIPTION
CHERRY HILLS VILLAGE SANITATION DISTRICT INCLUSION
PROPERTY DESCRIPTION
A PARCEL OF LAND BEING ALL OF AMENDED PLAT OF TRACT 215 AND TRACT 216,
SOUTH DENVER GARDENS RECORDED UNDER RECEPTION NO. 94-4907, THAT
PORTION OF TRACTS 214, 217, 218 AND THE EAST 48 FEET OF TRACT 213 LYING
NORTH OF THE HIGHLINE CANAL RIGHT-OF-WAY ALONG WITH ALL THAT PORTION OF
VACATED CHAMBERLIN AVENUE LYING NORTH OF THE HIGHLINE CANAL, SOUTH
DENVER GARDENS RECORDED IN PLAT BOOK A2 AT PAGE 328 AND THE WEST HALF
OF VACATED COLORADO BOULEVARD VACATED IN BOOK 1620 AT PAGE 526, LYING
NORTH OF THE HIGHLINE CANAL, ALL IN SECTION 13, TOWNSHIP 5 SOUTH, RANGE 68
WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF
COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, ARAPAHOE
COUNTY, COLORADO, BEING MONUMENTED AT THE NORTHEAST CORNER BY A 3"
ALUMINUM CAP IN A RANGE BOX STAMPED "COLO DEPT OF HIGHWAY 1991 PLS 27278"
AND AT THE EAST QUARTER CORNER BY A 2-1/2" ALUMINUM CAP IN A RANGE BOX
STAMPED "PLS 25379 2009", BEING ASSUMED TO BEAR S00°15'42'W, A DISTANCE OF
2642.51 FEET.
COMMENCING AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 5 SOUTH,
RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN;
THENCE ON THE EAST LINE OF SAID SECTION 13, S00°15'42'WA DISTANCE OF 75.00
FEET, TO THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST BELLEVIEW AVENUE AND
THE POINT OF BEGINNING;
THENCE CONTINUING ON SAID EAST LINE, S00°15'42'WA DISTANCE OF 979.13 FEET,
TO THE NORTHERLY RIGHT-OF-WAY LINE OF THE HIGHLINE CANAL;
THENCE ON SAID NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5)
COURSES:
1. N46°40'15'WA DISTANCE OF 36.98 FEET, TOA POINT OF CURVE;
2. ON THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1030.37 FEET, A
CENTRAL ANGLE OF 07°19'00" AND AN ARC LENGTH OF 131.58 FEET, TO A
POINT OF TANGENT;
3. N53°59'15'WA DISTANCE OF 228.50 FEET, TO A POINT OF CURVE;
4. THENCE ON THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1030.37
FEET, A CENTRAL ANGLE OF 13°14'00" AND AN ARC LENGTH OF 237.98 FEET, TO
A POINT OF TANGENT;
5. N67°13'15'W A DISTANCE OF 554.48 FEET, TO A POINT MONUMENTED BY A NO.
5 REBAR WITH NO CAP;
THENCE ON A LINE BEING PARALLEL WITH AND 48.00 FEET WESTERLY OF THE
EASTERLY LINE OF TRACT 213, SOUTH DENVER GARDENS, N00°22'37"E A DISTANCE
OF 458.30 FEET, TO THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST BELLEVIEW
AVENUE MONUMENTED BY A NO. 4 REBAR WITH NO CAP;
THENCE ON SAID SOUTHERLY RIGHT-OF-WAY LINE, S89°29'48"E A DISTANCE OF
538.93 FEET;
THENCE CONTINUING ON SAID SOUTHERLY RIGHT-OF-WAY LINE, S84°17'32"E A
DISTANCE OF 496.06 FEET, TO THE POINT OF BEGINNING.
CONTAINING A TOTAL CALCULATED AREA OF 708,679 SQUARE FEET OR 16.269
ACRES. •
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Cherry Hills Village Sanitation District
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COUNCIL COMMUNICATION
Date Agenda Item Subject
November 3, 2014 9 a ii Cherry Hills Village San. District
Sanitary Sewer Supplement #5
for Harrison Oaks North
INITIATED BY STAFF SOURCE
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Water and Sewer Board, at their October 7, 2014 meeting, recommended Council approval of a Bill
for an Ordinance approving the Cherry Hills Village Sanitation District Sanitary Sewer Supplement #5 for
Harrison Oaks North located at 4000 E. Belleview Ave.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood provides sewage treatment to a population of about 80,000 people outside the City
through contracts with numerous connector districts. The area is defined by the natural drainage and
extends approximately south and east from Broadway to the Valley Highway 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 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 City of Cherry Hills Village Sanitation District.
A request was made by the City of Cherry Hills Village Sanitation District representing the owner, Harrison
Oaks North LLC, for inclusion into the City of Cherry Hills Village Sanitation District. This application is for
Tract 215 and Tract 216. Along with portions of Tracts 214, 217 and 218 in South Denver Gardens,
Arapahoe County. The site is on 16.269 acres and is zoned R-2.5 residential. The site will be subdivided
into 5 to 6 residential sites. The legal is attached as Exhibit A. The property is located at 4000 E. Belleview
Ave.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
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Approved Water and Sewer Board minutes from October 7, 2014
Bill for Ordinance
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WATER & SEWER BOARD
MINUTES
OCTOBER 7, 2014
Present: Wiggins, Penn, Olson, Lay, Gillet, Oakley, Habenicht, Waggoner
Absent: Bums, Moore
Also present: Stewart Fonda, Director of Utilities
John Bock, Manager of Administration
Mr. Yates, Englewood Councilperson
The meeting was called to order at 5:00 p.m.
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I. MINUTES OF THE SEPTEMBER 9, 2014 WATER BOARD MEETING.
The Board received the minutes of the September 9, 2014 Water and Sewer Board meeting .
Motion:
Moved:
Motion carried.
E)
To approve the August 19, 2014 Water and Sewer Board meeting minutes
as written.
Waggoner Seconded: Habenicht
GUESTS: DAVID HILL AND PETER NICHOLS OF BERG, HILL & GREENLEAF AND
JOE TOM WOOD OF MARTIN & WOOD APPEARED TO DISCUSS THE HISTORY AND
USAGE OF ENGLEWOOD'S WATER RIGHTS .
Dan Brotzman, Englewood City Attorney noted that David Hill is working an inventory of water
rights.
2. LICENSE AGREEMENT WITH SOUTH SUBURBAN PARKS & REC. FOR THE BIG
DRY CREEK TRAIL.
South Suburban Parks and Recreation District has requested a license agreement to build a bike •
path across the City Ditch right-of-way at the Big Dry Creek Trail connection at S. Windermere
and Cornerstone Park. This is part of South Suburban's master plan for a bike path that spans
the South Denver metro area.
The construction easement will expire once the bike path is completed. The license agreement
will then allow crossing access over Englewood's City Ditch.
Motion:
To recommend Council approval of the ordinance for the license agreement and
construction easement with South Suburban Parks and Recreations District for the Big
Dry Creek Trail connection.
Moved: Waggoner Seconded: Lay
Motion carried.
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3. McLELLAN DEEP WELL REHABILITATION.
The Mclellan deep well is used to offset demands, to maintain due diligence requirements for
Englewood's water rights and for augmentation purposes. The well is located on the south side
of County Line Road near Dad Clark Gulch. The 20-year old pump and cable are 950'
underground and must be replaced.
Five bids were received. Staff recommends Colorado Pump Service & Supply Co. in the amount
of $56,044 as the lowest acceptable bidder.
Motion:
Recommend Council approval of a contract for the rehabilitation of the Mclellan deep
well pump with Colorado Pump Service & Supply Company in the amount of $56,044.
Moved: Habenicht Seconded: Waggoner
Motion carried.
Q
4. SOUTHGATE SUPP. #171.
A request was made by the Southgate Sanitation District representing the owner, Aspen
Academy Investment Fund, for exclusion of Supplement #171 consisting of a parcel totaling
4.047 acres out of the Southgate Sanitation District. The property is currently zoned R-1.0 PUD,
which is a residential classification, but has a special use pennit that allows it to operation as a
school. The property is located on the corner of S. University Blvd. and E. Orchard Rd.
Through an error, it was believed that this parcel was in the Southgate Sanitation District. It is,
however, located in the South Arapahoe Sanitation District. The Petition for Exclusion from
Arapahoe County District Court with Southgate Sanitation District was granted on July 8, 2014
and recorded on July 15, 2014.
Motion:
To recommend Council approval of Southgate Sanitation District Supplement # 1 71.
Moved: Waggner Seconded: Lay
Motion carried.
o,
5. CITY OF CHERRY HILLS VILLAGE SANITATION DISTRICT WASTEWATER
CONNECTOR'S AGREEMENT.
The Littleton/Englewood Wastewater Treatment Plant is able to receive and treat sewage
transmitted by various districts. In the City of Cherry Hills Village Sanitation District there are
9,750 taps. The City of Cherry Hills Village Sanitation District will continue to own the lines
and will be responsible for capital improvements in its system. The City Attorney's office has
reviewed and approved the City of Cherry Hills Village Sanitation District Connector's
Agreement.
Motion:
To recommend Council approval of the City of Cherry Hills Village Sanitation District
Connector's Agreement.
Moved: Penn Seconded: Wiggins
Motion carried.
G
6. CHERRY HILLS VILLAGE SAN. DISTRICT SANITARY SEWER SUPPLEMENT
#5.
A request was made by the City of Cherry Hills Village Sanitation District representing the
owner, Harrison Oaks North LLC, for inclusion into the City of Cherry Hills Village Sanitation
District. The site is on 16.269 acres and is zoned R-2.5 residential. The site will be subdivided
into 5 to 6 residential sites. The property is located at 4000 E. Belleview Ave.
4I Motion:
Recommend Council approval of a Bill for an Ordinance approving the City of Cherry
Hills Village Sanitation District Sanitary Sewer Supplement #5 for Harrison Oaks North
located at 4000 E. Belleview Ave.
Moved: Waggoner Seconded: Habenicht
Motion carried.
e
7. ALLEN PLANT ALUM RESIDUALS REMOVAL AND DISPOSAL.
Tom Brennan discussed.
There are low levels of naturally occurring radionuclides in Englewood's source water that are
removed through treatment and ultimately reside in the residuals generated at the plant. The
residuals are considered Technologically-Enhanced Naturally Occurring Radioactive Materials
(TENORM) and have additional disposal considerations based on the Colorado Department of
Public Health and Environment regulatory requirements.
The only current means of residual disposal is for disposal at Clean Harbors Deer Trail Facility.
Utilities staff is recommending sending an additional 1000 cubic yards of residuals to Clean
Harbors . The current contract with Secure On-Site Services USA is still in force, with the
vendor willing to honor his bid price from March. It is expected that the price may increase A
when bids are received next year. W
Motion:
To recommend disposal of 1000 cubic yards of material by Secure On-site Services USA
at a price of $232,007.10 in accordance with the current contract that is in effect.
Moved: Waggoner Seconded: Habenicht
Motion carried.
The meeting adjourned at 6:35 p.m.
The next Water and Sewer Board meeting will be Tuesday, November 11, 2014 at 5:00 in the
Community Development Conference Room.
Respectfully submitted,
Cathy Burrage
Recording Secretary