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HomeMy WebLinkAbout2013 Ordinance No. 009• ,. ORDINANCE NO. j_ SERIES OF 2013 BY AUTHORITY COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE APPROVING SUPPLEMENT NO. 169 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, Southgate Sanitation District recommends the inclusion of approximately 1.2 acres into the District for residential use; and WHEREAS, said inclusion is located on the North side of East Garden Avenue, East of Colorado Boulevard 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 Southgate Sanitation District; and WHEREAS, the Englewood Water and Sewer Board recommended approval of this Agreement at its March 12, 2013 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 Southgate Sanitation District entitled "Supplement No. 169, to Connector's Agreement", which includes 1.2 acres located on the North side of East Garden Avenue, East of Colorado Boulevard 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. Intro duced, read in full, and passed on first reading on the 1st day of April, 2013. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 5th day of April, 2013. 9 bi .CONTMC'TNO. L/ii,-dD\3 ., Published as a Bill for an Ordinance on the City's official website begimung on the 3rd day of •April, 2013 for thirty (30) days. Read by title and passed on final reading on the 15th day of April, 2013. Published by title in the City's official newspaper as Ordinance No. g_, Series of 2013, on the 19th day of April, 2013. Published by title on the City's official website beginning on the 17th clay or April, 2013 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 a true copy of the Ordinance passed on final reading and published by title as Ordinance No. !j_, Series of 2013. • • • • SUPPLEMENT NO. __ TO CON~CTOR'S AGREEMENT ·-·,';-..· THIS AGREEMENT, made and entered into by and between the CITY OF ENGLEWOOD, acting by and through its duly aut!;:lorized Mayor and City Clerk, hereinafter called the "City," and SOUTHGAT.£ SANITATION DISTRICT, Arapahoe and Douglas Counties, Colorado, hereinafter called the "District, 11 WITNESSETH: WHEREAS, on the 20th day of June,' i961, 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 November 16, 1988 and Amended April 20,2009;and 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 Courity, Colorado, owned by Howard Bellowe and more fully described on Exhibit A attached hereto and incorporated herein by reference, into Southgate 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 November 16, 1988 and Amended April 20, 2009. Accordingly, Exhibit A referred to in Paragraph 1 of the Connector's Agreement dated November 16, 1988 and Amended April 20 , 2009, is hereby amended to include such additional area. 2. Each and every other provision of the said Connector's Agreement dated November 16, 1988 and Amended April 20, 2009 , shall remain unchanged. IN WITNESS WHEREOF, the parties have set their hands and seals this __ day of ____ ~ 2013. ATTEST: CITY CLERK (SEAL) ~~ (SEAL) CITY OF ENGLEWOOD By: ________ _ MAYOR SOUTHGATE SANITATION DISTRICT, ARAPAHOE AND DOUGLAS COUNTIES, :: -- EXHIBIT A , (Legal Description) Lot 3, Village Hill, County of Arapahoe, State of Colorado • • • I • ---------- • • f.\rapaMAP Print Window Page 1 of 1 • • • • COUNCIL COMMUNICATION Date Agenda Item Subject April 1, 201 3 9 a i Southgate Supplement #169 INITIATED BY STAFF SOURCE Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Non e. RECOMMENDED ACTION The Water and Sewer Board, at their March 12, 2013 meeting, recommended Council approval of a Bill for an Ordinance approving Southgate Supplement #169. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatm ent to approximately 32,000 accounts o utside the City • through contracts with numerous co nn ector districts. The area is defined by the natural drainage and extends south and eas t from Broadway to the Valley Highway and from Hampden to Lincoln Ave. excluding Highlands Ranch. By con tract 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 wi ll not increase the tap allocation of the Southgate Sanitation District. A request was made by the Southgate Sanitation Distri ct representing the owners, Howard Bellowe and Jacquelline Stern , for inclusion of Supplement #169 consisting of a parcel t ota lin g 1.2 acres into the Southgate Sanitation Distri ct for residential use. Th e property is currently zoned Residential. The purpose of the inclusion is to install a sewer line and connect to the existing sewer main in the street. The legal is attached as Exhibi t "A". The property is located on the north side of E. Gard en Avenue, east of Colorad o Blvd. FINANCIAL IMPACT None. LIST OF ATTACHMENTS • Minutes from March 1 2, 2013 Water and Sewer Board meeting Telephone poll from March 19, 2013 approving March 12, 2013 Minutes Proposed Bill for Ordinance • • • Present: Absent: WATER & SEWER BOARD MINUTES TUESDAY, MARCH 12, 2013 Oakley, Wiggins , Lay, Waggoner, Moore, Penn, Burns, Habenicht Olson, Woodward Also present: Yasser Abouaish -City Engineer, Stu Fonda -Director of Utilities , Jolm Bock - Utilities Manager of Administration MINUTES OF THE FEBRUARY 12, 2013 MEETING. The Board reviewed the February 12, 2013 Water Board Minutes. Motion: Board moved to approve the February 12 , 2013 Water Board Minutes . Moved: Bums Seconded: Waggoner: Motion passed unanimously. SOUTHGATE SANITATION DISTRICT SUPPLEMENT #169 . A request was made by the Southgate Sanitation District representing the owner, Howard Bellowe and Jacquelline Stern , for inclusion of Southgate Supplement #169 consisting of a parcel totaling 1.2 acres into the Southgate Sanitation District for residential use. The purpose of the inclusion is to install a sewer line and connect to the existing sewer main in the street. The property is located on the north side of E. Garden A venue, east of Colorado Blvd. Motion: Moved: To recommend Council approval of a Bill for Ordinance approving Southgate Supplement #169. Waggoner Seconded: Burns Motion passed unanimously . .. !€m 3. VALLEY SANITATION DISTRICT CONNECTORS AGREEMENT. Valley Sanitation District has submitted a Wastewater Cormector's Agreement for providing sanitary sewer service to districts outside the Englewood corporate boundaries. The Littleton/Englewood Wastewater Treatment Plant receives and treats sewage transmitted by various sanitation districts. The connector's agreement addresses this service with the district owing and maintaining the sewer mains. Motion: Moved: To recommend Council approval of the Valley Sanitation District Wastewater Connector's Agreement. Bums Seconded: Habenicht Motion passed unanimously. GUEST: YASSER ABOUAISH-WATER CONSERVATION PLAN. The Board received a draft of the Water Conservation Board, the Englewood Conservation Measures & Programs outline and the water conservation plan timeline. Y asser noted that there • are fifteen water conservation measures, with numbers 1 through 3 the most important measures. • Water Board members, staff and the public are encouraged to submit their comments. The final draft will be published for 60 days from May 1 to June. 30. The official public hearing will be on June 11 , 2013 during the Water Board meeting. After public comments are received and reviewed, the Water Conservation Plan will go for Council approval then submitted to the Water Conservation Board for approval. ENGLEWOOD W. CHENANGO FIRE TRAINING CENTER. A memo dated February 19, 2013 from Mike Pattarozzi, Fire Chief, was given to the Board as an infonnational item. It notes that one option to comply with the CDPS Permit is to allow runoff from the site to be discharged to the sanitary sewer system, in accordance with municipal codes and regulations Penn noted concerns about the high cost of moving the training center or sending Englewood firefighters to South Metro. CITIZEN REQUEST REGARDING BILLLING ISSUES. The Board received a request from Greg Schaller of 6822 E. Heritage Place S. to waive the late • fee from his October 1, 2012 sewer bill. • The Board received a memo regarding Mr. Lehman at 4546 S. Pennsylvania St. Mr. Lehman is requesting that he receive a full refund of $79.00 without having to pay the sewer, storm water and concrete charges due for March, April and May, 2013. • Motion: Moved: To deny bill reduction requests for 6822 S. Pennsylvania St. and 4546 S. Pennsylvania St. Waggoner Seconded: Burns Motion passed unanimously. INFORMATION ON WATER HARDNESS. The Board received a copy of an e-mail from John Bock to Diane Ramey regarding the mineral content and the resulting water hardness in the Englewood water system. PROPOSED STORMWATER REGULATIONS . Mr. Fonda discussed sending a letter to Colorado's congressional delegation concerning stonnwater regulations that the USEPA is CUlTently developing that could have a harsh financial impact on communities across the country. Stu noted that this might affect Englewood's MS4 Stormwater Pe1mit Motion: Motion: To recommend Council approval to send letters to Colorado's congressional delegation concerning stonnwater regulations that the USEP A is developing . Oakley Seconded: Habenicht Motion passed unanimously. ]~ 9. CONTINUED FUNDING IN THE FY2014 BUDGET FOR DRINKING WATER AND WASTEWATER RELATED RESEARCH. Stu reviewed the importance of continued funding in the FY2014 Budget for drinking water and wastewater related research at the EPA in pminership with local wastewater and drinking water utilities. EPA working in conjunction with the Water Research Foundation and the Water Enviromnent Research Foundation helps to ensure that sound science governs compliance with • Safe Drinking Water Act and Clean Water Act regulations. Motion: Recommend Stewart Fonda to send letters to the Colorado Congressional staff supporting continued support in the FY2014 to continue funding drinking water and wastewater related research at the EPA in pminership with local wastewater and drinking water utilities . Moved: Oakley Seconded: Waggoner Motion passed unanimously. Meeting adjourned 5:45 p.m. The next Englewood Water Board meeting will be Tuesday, Ap1il 9, 2013 at 5:00 p.111. in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary • • • • • • WATER & SEWE R B OARD PH ONE VOTE -TUESDAY, MARCH 19, 2013 Phone Vote Roll Call. Contacted: Clyde Wiggins, Chuck Habenicht, Kells Waggoner, Jim Woodward, Joe Lay, Wayne Oakley, Ranch Penn Not Contacted: Linda Olson, Tom Bums 1. MINUTES FO THE MARCH 12, 201'3 MEETING. Motion: Approve the minutes of the March 12, 2013 Water and Sewer Board meeting. Moved: Habenicht Seconded: Waggoner Abstain : Olson Motion passed unanimously. The next Water and Sewer Board meeting will be Tuesday, April 9, 2013 at 5:00 p .m . in the Community Development Conference Room. Respectfully submitted, Cathy Bunage Recording Secretary