HomeMy WebLinkAbout2014 Ordinance No. 004•
ORDINANCE NO.±.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 5
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE APPROVING SUPPLEMENT NO. 5 TO THE VALLEY SANITATION
DISTRICT AND COLUMBINE WATER AND SANITATION DISTRICT CONNECTOR'S
AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE COLUMBINE SANITATION
DISTRICT BOUNDARIES.
WHEREAS, the City of Englewood and the predecessor in interest to Valley Sanitation District
entered into an agreement dated April 18, 1955; and
WHEREAS, the City of Englewood, the predecessor in interest to Valley and the predecessor in
interest to Columbine entered into an agreement dated April 18, 1955 and subsequent agreements,
providing for the transport and treatment of effluent from an additional 800 taps by which the
effluent is canied through Valley outfall lines to be treated by City's sewage treatment plant; and
WHEREAS, Valley and Columbine entered into an agreement dated March 20, 1956, and
subsequent agreements, relating to the transportation of effluent through Valley outfall lines; and
WHEREAS, the previous Agreements and subsequent agreements between the parties place
certain limitations upon the number of taps that can be serviced by the City, Valley and
Columbine; and
WHEREAS, it is the intent of the Parties to this Agreement to specifically allow for an
inclusion into Columbine of a residential development consisting of 31 taps which shall be
serviced by the Parties to Supplement No. 5; and
WHEREAS, Columbine Sanitation District recommends the inclusion of approximately 9.53 ·
acres into the Districts; and
WHEREAS, said inclusion is located on the Southeast comer of West Bowles Avenue and
Middlefield Road in the Town of Columbine Valley; and
WHEREAS, the zoning of this property is primarily residential and the proposed use is to
remain the same with the residential development of 31 patio homes; and
WHEREAS, said annexation of this additional parcel of land will not increase the tap
allocation to the Columbine Sanitation District; and
WHEREAS, the Englewood Water and Sewer Board recommended approval of Supplement
No. 5 to the Valley Sanitation District at the October 8, 2013 meeting;
9 b ti
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 Valley Sanitation District and
Columbine Water and Sanitation District entitled "Supplement No. 5, to Connector's Agreement",
which includes approximately 9.63 acres located southeast comer of West Bowles Avenue and
west of Middlefield Road in the town of Columbine Valley, is hereby accepted and approved by
the Englewood City Council. A copy of said Agreement is attached hereto as "Exhibit l" and
incorporated herein by referenc e.
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.
Introduced, read in full, and passed on first reading on the 21 •t day of January, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 24th day of
January, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 22nd day of
January, 2014 for thirty (30) days.
Read by title and passed on final reading on the 3rd day of February, 2014.
Published by title in the City's official newspaper as Ordmauce No. !l:...., Series of 2014, on
the 7"" day of February, 2014.
Published by title on the City's official websit e beginnin g on the 5th day of
February,20!4for thirty (30)days. ~ ~c _____ __
~P.P-Mayor
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foreg oing is , jrue copy of the Ordinan ce passed on final reading and published by
title as Ordinance No. :t:._, Series of 2014.
~d ~ LmlCrishiaA.Ellis
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SUPPLEMENT NO. __ 5 ___ 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 COLUMBINE WATER AND SANITATION
DISTRICT, Arapahoe and Douglas Counties, Colorado, hereinafter called the
"District,"
· WITNESSETH:
WHEREAS, on the 18 day of April !ff 1955 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 setved by the District, which Agreement
was renewed by Connector's Agreement dated Febhuary 23 .~ 1989
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 Taylor Morrison of Colorado, ~-more
fully described on Exhibit A attached hereto and incorporated herein by reference, into
Columbine Water and Sanitation District. The City agrees that said additional area may
be setved 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 1 Joe 195~d
Amended Febbuary 23 1 1Gc 1989 •
Accordingly, Exhibit A referred to in Paragraph I of the Connector's Agreement dated
April 15 , ~ 1955 and Amended Eebruary 23, 1989 is
hereby amended to include such additional area.
2. Each and every other provision of the said Connector's Agreement dated
April 15, 1955 and Amended February 23. 1989 shall remain unchanged.
IN WITNESS WHEREOF, the parties have set their hands and seals this
_____ day of _______ _, 20 __ _
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TTEST:
CITY CLERK
(SEAL)
SECRETARY
(SEAL)
Supplement for CoMc:c:tors Agr.doc
CITY OF ENGLEWOOD
BY -----------MAYOR
COLUMBINE WATER & SANITATION
DISTRICT,
ARAPA~OWRADO
By: .. ~~
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3825 Iris Avenue, Ste 395, Boulder, CO 80301
655 Fourth Avenue, Longmont, CO 80501
w,.,,w.flatsur✓.eom Phone (JOJ) 443-7001 Fax (JOJ)443-98JO
THE COTTAGES AT COLUMBINE VALLEY
LEGAL DESCRIPTEON
(PREPARED BY FLATIRONS, INC .)
A PORTION OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 5 SOUTH, RANGE 68
WEST OF THE 6TH P.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF TRACT 8, FIRST
ADMINISTRATIVE AMENDMENT BROOKHAVEN AT COLUMBINE VALLEY ANO THE EAST RIGHT-
OF-WAY LINE OF SOUTH MIDDLEFIELD ROAD THENCE NORTH 00•31•33• EAST, A DISTANCE OF
833.85 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WEST BOWLES AVENUE;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE NORTH 63.38'05" EAST, A DISTANCE OF
222.38 FEET; THENCE DEPARTING SAIC SOUTH RIGHT-OF-WAY LINE ANO ALONG THE
WESTERLY AND SOUTHERLY LINE OF THAT TRACT OF LANO DESCRIBED IN DEED RECORDED
IN BOOK 907, PAGE 0728 THE FOLLOWING THREE (3) COURSES:
1) SOUTH 00•01155" WEST, A DISTANCE OF 352.60 FEET;
2} THENCE SOUTH 29"58'45• EAST, A DISTANCE OF 149.96 FEET;
3) THENCE NORTH 89'42'07• EAST, A DISTANCE OF 309.39 FEET;
THENCE ALONG THE WESTERLY, SOUTHERLY & NORTHERLY LINES OF FIRST ADMINISTRATIVE
AMENDMENT BROOKHAVEN AT COLUMBINE VALLEY, RECORDED IN THE RECORDS OF
ARAPAHOE COUNTY AT RECEPTION NO. 80161325, THE FOLLOWING SIX (6) COURSES:
1) SOUTH 04°10•21• EAST, A DISTANCE OF 89.41 FEET;
2) THENCE NORTH 84•13'23" EAST, A DISTANCE OF 100.18 FEET;
3) THENCE SOUTH 00'20'00" WEST, A DISTANCE OF 152.16 FEET;
4) THENCE NORTH a7•39•sr EAST, A DISTANCE OF 150.59 FEET;
5) THENCE SOUTH 00"02'25" EAST, A DISTANCE OF 202.23 FEET;
6) THENCE SOUTH ae·21•14• WEST, A DISTANCE OF 847.27 FEET TO A POINT ON THE EAST
RIGHT-OF-WAY LINE OF SOUTH MIDDLEFIELD ROAD, SAID POINT ALSO BEING THE POINT OF
BEGINNING.
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COUNCIL COMMUNICATION
Date Agenda Item Subject
January 21, 2014 9 a ii Columbine Sanitation District
Supplement #5
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 August 13, 2013 meeting, recommended Council approval of a Bill
for an Ordinance approving Columbine Supplement #5.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
A request was made by Columbine Water and Sanitation District and Valley Sanitation District.
The requested supplement area is in the Columbine District but the sewage is transported through Valley
Sanitation lines, so Valley Sanitation District approval is also required.
• The City of Englewood provides sewage treatment to a population of about 70,000 people outside the City
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 to the Valley or Columbine Sanitation Districts.
•
The landowner, Taylor Morrison of Colorado, Inc. is requesting inclusion into the Columbine Water and
Sanitation District and Valley Sanitation District. Supplement #5 is for 31 taps for a residential development
consisting of 31 patio homes, all located on approximately 9.63 acres. The legal is attached as Exhibit A.
The property is located on the southeast corner of West Bowles Avenue and Middlefield Road in the Town
of Columbine Valley. The name of the development is The Cottages at Columbine Valley, currently the
Wolf property.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Minutes from October 8, 2013 Water and Sewer Board Meeting
Minutes from August 13, 2013 Water and Sewer Board Meeting
Proposed Bill for Ordinance
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Present:
Absent:
WATER & SEWER BOARD
MINUTES
TUESDAY, OCTOBER 8, 2013
Oakley, Wiggins, Habenicht, Waggoner, Woodward, Bums, Lay, Penn,
Moore, Olson
None
Also present: Stu Fonda, Director of Utilities, Yasser Abouaish, Utilities Engineer,
Jason Clark, Water Production Supt.
The meeting was called to order at 5:03 p.m.
MINUTES OF THE AUGUST 13, 2013.
• The Board approved the Minutes of the August 13, 2013 Water Board meeting, as amended.
Motion:
Moved:
To approve the Minutes of the August 13, 2013 Water Board meeting, as
amended.
Habenicht Seconded: Penn
Motion approved unanimously.
UV CHANGE ORDER #3.
The Board received Change Order #03 from Asian Construction for ten items addressing issues
of constructability, safety, computer program modifications and lower maintenance
requirements. Change Order #03 is in the amount of$49,910.00. The UV Disinfection Project
is at 95% completion with facility start up scheduled for early November.
Motion:
Moved:
To recommend the City Manager approve Change Order #03 from Aslan
Construction in the amount of$49,910.00.
Waggoner Seconded: Penn
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Present
Absent:
WATER & SEWER BOARD
MINUTES
TUESDAY, AUGUST 13, 2013
Oakley, Wiggins, Habenicht, Waggoner, Woodward, Bums, Lay, Penn
Moore, Olson
Also present: Stu Fonda, Director of Utilities, John Bock, Utilities Manager
The meeting was called to order at 5:04 p.m.
1. MINUTES OF THE JULY 9, 2013.
The Board approved the Minutes of the July 9, 2013 Water Board meeting
Motion: To approved the Minutes of the July 9, 2013 Water Board meeting.
Moved: Burns Seconded: Habenicht
Motion approved unanimously.
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2. GUEST: BEN NIELSEN, McLAUGHLIN WATER-UNION AVENUE BIKE PATH.
Ben Nielsen from Mclaughlin Water Design Group in River Run Park Project appeared to
discuss the proposed Union Avenue Bike Path next to the Englewood raw water intake facility
north of Union Avenue. Accommodations for the Union Ave. pump station intersecting bike path
were discussed. ·
The Colorado Water Conservation Board is requesting concept approval and easements for the
proposed trail through the property owned by the City of Englewood at the raw water intake
facility. The trail is 1 O' wide and will cross under Union Ave. South Suburban will operate and
maintain the trail. Gates will be constructed to close for routine and emergency maintenance.
Motion: To approve project concept and a Grant of Easement to South Suburban Parks
for the Regional Trail Extension at the Englewood Water Intake Facility at Union
Avenue, per City Attorney's approval.
Moved: Bums Seconded: Waggoner
Motion approved unanimously.
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3. OVERPAYMENT FROM CLOSING -3226 S. CORONA ST.
John Bock appeared to discuss the issue where a title company sent a $200 payment for
anticipated water and sewer charges for 3226 S. Corona St. When the final meter reading was
figured, the final bill was zero. The amount paid became a credit balance with no further
communication from buyer or seller for two months.
Staff denied the request from the seller for a refund because refunds can only be granted to
existing owners. This is an informational item for the Board in the event the seller, realtor or title
company appeal staff's decision. The previous owner called on August 12, 2013 and was told
to call and discuss the issue with the title company.
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4. ENGLEWOOD WATER CONSERVATION PLAN COMMENTS AND RESPONSES.
The Board received the 2013 Water Conservation Plan Comments and Responses approved by
the consultant. The published legal notice and a water rate comparison for Englewood/Denver
water charges were also included. The comments and responses will be forwarded to City
Council with the final draft of the water conservation plan. After Council approval it will be
forwarded to the State for approval.
Motion:
Moved:
Recommend Council approval of the final draft of the 2013 Englewood Water
Conservation Plan.
Habenicht Seconded: Lay
Motion passed unamimously.
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5. WASTEWATER COLLECTION SYSTEM MAINTENANCE STANDARD AGREEMENT
FOR THE CITY OF SHERIDAN SANITATION DISTRICT.
The Englewood Utilities Department currently performs sewer maintenance services for the City
of Cherry Hills Village, South Englewood Sanitation District and the City of Sheridan. The
purpose of the Wastewater Collection System Maintenance Standard Agreement form is to
standardize these agreements. The maintenance agreements enable Englewood to perform
maintenance of adjacent districts that are too small to fund their own maintenance program.
•
• This also provides a uniform standard of service for adjacent sanitation districts and insures that
lines are flushed at least once a year •
Motion:
Moved:
To recommend Council approval of the Wastewater Collection System
Maintenance Standard Agreement for City of Sheridan.
Waggoner Seconded: Bums
Motion approved unanimously.
6. SHERIDAN SANITATION DISTRICT NO. 1 CONNECTOR'S AGREEMENT.
The Littleton/Englewood Wastewater Treatment Plant is able to receive and treat sewage
transmitted by various districts. The agreement addresses this service with the district that
owns and maintains the sewer mains. The City of Sheridan has approximately 51 taps and will
continue to own the lines and be responsible for capital improvements it its system.
Motion:
Moved:
To recommend Council approval of the City of Sheridan Wastewater Connector's
Agreement.
Waggoner Seconded: Habenicht
• Motion approved unanimously.
•
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7. DESIGN AND REPAIR OF 3MG STORAGE TANKS.
Tom Brennan appeared to discuss the design and repair of the 3mg storage tank roofs project.
The Board received a proposal from Wiss, Janney, Elstner Engineers (WJE) regarding scope of
services proposed for the Phase 3 Roof Structure Rehabilitation and New Roof Design in the
amount of $49,500. WJE evaluated various alternatives for the retrofit of the roof slab on the
west tank at the S. Clarkson water storage facility. WJE was responsible for the engineering for
the first two phases.
Motion:
Moved:
To recommend City Manager approval of the Scope of Services for WJE for the 3
mg roof structure rehabilitation in the amount of $49,500.
Lay Seconded: Bums
Motion approved unanimously •
8. CHANGE ORDER #02 FOR UV DISINFECTION FACILITY.
Tom Brennan appeared to discuss Change Order #02 that was requested by Asian
Construction for the UV Disinfection Project. The change order will cover a tee wall to
accommodate the clearwell bypass pipe, materials and Installation of two additional 1" conduits
along with other minor modifications.
The total cost for Change Order #02 is $46,668.78. The UV project bid was $500,000 below the
$4.5 mission budgeted. The change order will be funded by the original UV project account.
Completion date of the UV project is expected to be mid to late September. 2013 . The section
of West Layton Ave. In front of the water plant will be milled and overlayed in early September.
Motion:
Moved:
To recommend City Manager approval of Change Order #02 for the UV
Disinfection Project to Asian Construction in the amount of $46,668.78.
Waggoner Seconded: Habenicht
Motion approved unanimously.
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9. LINDSAY MARSH -4344 S. WASHINGTON ST.
The Board received an update on the delinquent account at 4344 S. Washington St. where the
water is turned back on after numerous notices, red -tags and repeated tum-offs. Repeated
attempts to contact Ms. March has resulted in no response. After Officer Read left her a phone
message on July 29, she retumed his call and promised to pay her past due bill. As of August
13, 2013 Ms. Read has not paid. Since this is a violation of the Englewood Municipal Code, the
impact team will be ticketing Ms. Marsh.
The Board received copies of the form letters, "Termination of Water Service -Notice of
Violation/' and "Broken Sidewalk Water Valve -Notice of Violation." These forms will be used
In future for delinquent accounts where the curb stop is inoperable and/or where the customer
turns the water back on after it was turned off for non-payment.
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10. ALLEN WATER TREATMENT PLANT RESIDUALS MANAGEMENT AND DISPOSAL
EVALUATION.
The Board received a letter from Arcadis outlining potential options for the management and
disposal of treatment residuals generated at the Allen Water Treatment Plant that have elevated
concentrations of radionuclides. The labor and fee estimate for evaluation of discharging
residuals to a waste disposal facility versus discharging residuals to the sewer is $81,670.
Aracadis' first task is for $45,950 for evaluation of discharging residuals to the sewer, and the
second is for $35,720 for evaluation of existing waste disposal facilities. Staff recommended
proceeding with both options. The City of Aurora may participate financially with task #2.
•
Motion:
Moved:
To recommend City Manager or Council approval of the Arcadis proposal in the
amount of $81,670 for evaluation of discharging residuals to a waste disposal
facility versus discharging to the sewer. The City Manager may sign as two
contracts or forward together to Council.
Bums Seconded: Waggoner
Motion approved unanimously
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11. COLUMBINE SANITATION DISTRICT SUPPLEMENT #5.
The landowner, Taylor Morrison of Colorado is requesting inclusion into the Columbine Water
and Sanitation District and Valley Sanitation District. Supplement #5 is for 31 taps for a
residential development consisting of 31 patio homes, all located on approximately 9.63 acres.
The property is located on the southeast comer of W. Bowles Ave. and Middlefield Road In the
town of Columbine Valley. The name of the development is The Cottages at Columbine Valley,
currently the Wolf property.
Motion:
Moved:
To recommend Council approval of a Bill for an Ordinance approving
Columbine Sanitation Oistrict Supplement #5 for Taylor Morrison of
Colorado, Inc.
Waggoner Seconded: Bums
Motion approved unanimously.
II STATEMENT FROM DAVID HILL, WATER ATTORNEY.
The Board received David Hills's water rights communication dated _August 8, 2013. Mr. Hill's
review discussed what is happening In cases VJith United Water and East Cherry Creek Valley
and Bebe Draw.
Meeting adjourned at 6:50 p.m.
The next Englewood Water Board meeting will be Tuesday, September 10, 2013 at 5:00 p.m. In
the Community Development Conference Room.
Respectfully submitted,
Cathy Burrage
Recording Secretary