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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 , ' • • • • • 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 __ _ E X H I B I T 1 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: .. ~~ • 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 • 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 • • 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. ·a 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. B 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. B 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. D 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. • a 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. D 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. B 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 D 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