HomeMy WebLinkAbout2013 Ordinance No. 026•
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ORDINANCE NO. &
SERIES OF 2013
CONTRACT NO, ~ -;)., 0\3
BY AUTHORITY
COUNCIL BILL NO . 23
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE APPROVING SUPPLEMENT NO. 170 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 1.1 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 May 14, 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 . 170 , to Connector's Agreement", which includes 1. 1 acres located on the
North side of East Garden Avenue, East of Colorado Boulevard iii 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.
Introduced, read in full, and passed on first reading on the 1st day of July, 2013 .
Published by Title as a Bill for an Ordinance in the City 's official newspaper on the 5th day of
July, 2013 .
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Published as a Bill for an Ordinance on the City's official website beginning on the 3rd day of •
July, 2013 for thirty (30) days.
Read by title and passed on final reading on the 15th day of July, 2013.
Published by title in the City's official newspaper as Ordinance No . .,J~series of 2013, on
the 19th day of July, 2013.
Published by title on the City's official website beginning on the 17th day of
July, 2013 for thirty (30) days.
R~ P . Penn, Mayor
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing ~ a true copy of the Ordinance passed on final reading and published by
title as Ordinance N~~, Series of 2013 .
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SUPPLEMENT NO. I 7 0 TO CONNECTOR'S AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY OF
ENGLEWOOD, acting by and through its duly authorized Mayor and City Clerk,
hereinafter called the "City," and SOUTHGATE SANITATION DISTRICT, Arapahoe
and Douglas Counties, Colorado, hereinafter called the "District,"
WITNESSETH:
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WHEREAS, on the 20th day of June, 1961, the City and the District 1
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 County, 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)
CITY OF ENGLEWOOD
By: ________ _
MAYOR
SOUTHGATE SANITATION DISTRICT,
ARAPAHOE AND DOUGLAS COUNTIES,
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NOTICE OF PETITION FOR INCLUSION OF
REAL PROPERTY
Notice is hereby given that on February 12, 2013 a Petition was filed with
the Board of Directors of Southgate Sanitation District, Arapahoe and Douglas
Counties, Colorado, requesting the inclusion of certain real property into the · District.
The names and addresses of the Petitioners and the legal description of the property
sought to be included in the District are as follows:
Name and Address of
Petitioners:
Property Description:
Howard & Jacqueline Bellowe
540Q S. Colorado Blvd.
Greenwood Village, Colorado 80121
Lot 3, Village Hill,
County of Arapahoe ,
State of Colorado
Notice is further given that a hearing will be held on said Petition at a public
meeting of the Board of Directors of Southgate Sanitation District, Arapahoe and
Douglas Counties, Colorado, on March 12, 2013 at 4:00 p.m., at the office of the
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District, 3722 East Orchard Road, Littleton, Colorado, and that interested persons may •
appear at such time and place and show cause in writing, if any they have, why said
Petition should not be granted.
A full copy of this notice is available for review at the Southgate Offices,
(address above), during normal business hours.
BY ORDER of the Board of Directors of Southgate Sanitation District,
Arapahoe and Douglas Counties, Colorado.
SOUTHGATE SANITATION DISTRICT
Arapahoe and Douglas Counties,
Colorado
By: Isl Paul Wiethorn
Secretary,
Southgate Water District
ArapaMAP Print Window Page I of 1
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• COUNCIL COMMUNICATION
Date Agenda Item Subject
Julyl,2013 9 a ii Southgate Supplement #1 70
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 May 14, 2013 meeting, recommended Council approval of a Bill for
an Ordinance approving Southgate Supplement #1 70.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood provides sewage treatment to approximately 32,000 accounts outside the City
through contracts with numerous connector districts . The area is defined by the natural drainage and
extends 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
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accommodate all such future inclusions. Annexation of this parcel of land will not increase the tap
allocation of the Southgate Sanitation District.
A request was made by the Southgate Sanitation District representing the owners, Howard & Jacquelline
Bellowe, for inclusion of Supplement #1 70 consisting of a parcel totaling 1.1 acres into the Southgate
Sanitation District for residential use. The 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 property is
located on the north side of E. Garden Avenue, east of Colorado Blvd.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Minutes from May 14, 2013 Water and Sewer Board Meeting
Minutes from June 11, 2013 Wate r and Sew er Board Meeting
Bill for Ordinance
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Present:
Absent:
WATER & SEWER BOARD
MINUTES
MAY 14, 2013
Wiggins , Habenicht, Waggoner, Moore, Woodward , Bums, Olson
Lay,Penn
Also present: Yasser Abouaish-City Engineer, Stu Fonda-Director of Utilities , John Bock,
Utilities Manager of Administration.
The meeting was called to order at 5:04 p.m.
1. MINUTES OF THE MARCH 12, 2013 MEETING AND PHONE VOTE OF MARCH
19 , 2013 .
The Board received the Minutes of the March 12, 2013 Water Board Meeting and the resulting
phone vote of March 19 , 2013.
2 . SHERIDAN SANITATION DISTRICT NO. 1 WASTEWATER CONNECTOR'S
AGREEMENT .
There are approximately 300 taps in the Sheridan Sanitation District No . 1. In the Connector's
Agreement, Sheridan Sanitation District No. 1 will continue to own the lines and be responsible
for capital improvements in the sewer system. The City Attorney's office has reviewed and
approved the standard Connector's Agreement.
Motion:
Moved:
To recommend Council approval of the Sheridan Sanitation District No. 1
Wastewater Connector's Agreement.
Waggoner Seconded: Habenicht
Motion carried .
3. AMENDMENT NO. 5 -ALLEN WATER TREATMENT PLAN ULTRA VIOLET
DISINFECTION SYSTEM CONSTRUCTION SERVICES.
Tom Brennan, Utilities Engineer, appeared to discuss the Amendment No. 5 Scope of Work for
the Allen Water Treatment Plant Ultraviolet Disinfection System Construction Services for
additional services and scope of work in the amount of $64,530. The additional services
required are for a revised Building Department review process and bid period extension, change
of site conditions for gate replacement and gravity bypass coring and to perfonn a tracer study of
the clearwell with the UV disinfection facility in operation.
Motion: To approve Amendment No. 5 for the Allen Treatment Plant Ultraviolet
Disinfection System Construction Services in the amount of $64,530 .
Moved: Burns Seconded: Waggoner
Motion passed unanimously.
4. SOUTH GA TE SUPPLEMENT #170.
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A request was made by the Southgate Sanitation District representing the owner, Howard & •
Jacqueline Bell owe, for inclusion of Supplement #170 consisting of a parcel totaling 1.1 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 Ave., east of Colorado Blvd. at 5400 S. Colorado Blvd.
Motion:
Moved:
To recommend Council approval of a Bill for Ordinance approving Southgate
Supplement #170 for Howard and Jacqueline Bellow.
Moore Seconded: Bums
Motion passed unanimously.
5. COUNCIL REQUEST FROM JOE JEFFERSON RE: WATER QUALITY.
The Board received an e-mail from Becky Campbell regarding contaminants in Englewood
water. Utilities staff responded with an attachment, "Tap Water Delivers," explaining the EPA
and Colorado Department of Public Health regulations limiting the amount of contaminants in
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6. BOARD AND COMMISSION APPRECIATION NIGHT.
There will be a Board and Commission appreciation night social on Monday, June 24, 2013 at
6:00 p.m. in the City Hall Community Room.
7. FIRE SPRINKLER SYSTEMS IN NEW SINGLE FAMILY HOMES.
The Board received a memo from John Bock dated May 7, 2013 discussing the newly adopted
Unifonn Building Code that requires fire sprinkler systems in new, single family homes. A
resolution was proposed that Englewood Utilities will not charge tap fees or consumption
charges for fire protection. Also it was proposed that, if necessary to meet fire flow
requirements, the City will provide a l" water connection at the ¾" rate and charge ¾" usage
rates .
It was noted that if a glycol system is used, a cross connection control device must be installed
and an amrnal inspection is required. Mr. Fonda noted a concern that subsequent owners would
not be aware of the annual inspection requirements. It was proposed to require the owner to sign
an agreement acknowledging the annual inspection requirement and that the agreement will be
recorded against the deed .
Motion:
Moved :
To adopt a policy requiring owners installing glycol fire suppression systems to
install a backflow prevention system and submit to an annual inspection. The
agreement will be recorded against the deed for infonning future prope1ty owners.
Moore Seconded : Habenicht
Motion passed unanimously.
John Bock will draft a resolution which the Board can recommend to City Country for adoption.
8. ARTICLE FROM ENGLEWOOD HERALD, "WATER PLAN A WAITS COMMENT."
The Board received a copy ofan article that appeared in the April 26, 2013 Englewood Herald
about the opportunity for residents to submit comments on the proposed water conservation plan.
The deadline for public comment is July 1, 2013 .
9. SELF -GUIDED TOUR OF MEADOW CREEK AND BOREAS PASS DITCH .
The Board received packets for self-guided tours of Meadow Creek and the Boreas Pass Ditch.
Joe Tom Wood will appear at the next meeting to discuss Meadow Creek history.
10. MR . MARK MOLNUA -10326 BLUFFMONT DR. -LA TE FEE.
Mr. Molnua submitted a request to have his outside sewer account late fee waived. Mr. Molnau
is a prior tenant renting from the prior owner of 10326 Bluffmont Dr.
Motion: To deny Mr. Molnau's request to have the late fee waived on the sewer bill for
10326 B luffmont Dr.
Moved: Waggoner Seconded: Habenicht.
Motion passed unanimously .
11. ALLEN PLANT SLUDGE.
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Mr. Fonda discussed alum sludge disposal sites and options. A professional services contract •
with Arcadis was discussed for dealing with the State for alum sludge waste disposal sites and
the option of sending it to the Littleton/Englewood Wastewater Treatment Plant for processing.
Arcadis has had experience in this field with Castle Rock. The Board approved using Arcadis in
a professional services capacity, if a satisfactory contract can be negotiated. The contract will be
presented to the Board at a future meeting.
12 . SUPREME COURT WATER EXCHANGE CASE .
Mr. Fonda reviewed the pending Supreme Court water exchange case with Denver. The judge
should be ruling on June 4, 2013.
13 . MS4 STORMWATER PERMIT.
Englewood's existing MS4 Stonnwater Pennit includes Englewood Public Schools.
Construction activities for the schools are controlled by the State of Colorado. If the schools
remain on the MS4 Permit, Englewood's pennit could be in violation for activities of the
schools . Englewood schools can obtain an MS4 Pennit. The Board agreed that they should •
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obtain their own pennit. The Englewood Utilities Department would be available to show the
schools how to apply.
The meeting adjourned at 6 :05 p .m.
The next Englewood Water Board meeting will be Tuesday, June 11, 2013 at 5:00 p .m. in the
Community Development Conference Room.
Respectfully submitted,
Cathy Burrage
Recording Secretary
City of Englewood
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Present:
Absent:
WATER & SEWER BOARD
MINUTES
TUESDAY, JUNE 11, 2013
5 :00 P .M.
Oakley, Wiggins , Habenicht, Waggoner, Moore, Woodward, Burns , Olson, La y,
Penn
None
Also present: Stu Fonda -Director of Utilities, Tom Brem1an -Utilities Engineer
The meeting was called to order at 5:02 .
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1. MINUTES OF THE MAY 14 , 2013 WATER BOARD MEETING.
The Board approved the Water and Sewer Board Minutes of the May 14, 2013 meeting. A
correction in the May 14 , 2013 Minutes was noted. Mr. Oakley was absent for this meeting.
Motion : To approve the May 14, 2013 Water and Sewer Board Minutes as amended .
Moved: Woodward
Motion approved unanimously.
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Seconded: Habenicht
2. GUEST: JOE TOM WOOD -MARTIN & WOOD.
MEADOW CREEK RESERVOIR HISTORY.
Joe Tom Wood, Water Engineer of Martin &Wood, and associate Craig Lis appeared to discuss
the Meadow Creek Reservoir history and its' imp01iance to the City of Englewood 's water
supply system . Also discussed was the contractual relationship to Denver Water and projects at
Meadow Creek .
The Board received a copy of, "A History of the Development of Englewood's Cabin-Meadow •
Creek System by Joe Tom Wood."
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3 . BOW MAR SANITATION DISTRICT CONNECTOR'S AGREEMENT.
Bow Mar Sanitation District submitted a standard connector's agreement for receiving and
treating sewage transmitted by the Bow Mar District. There are approximately 93 taps and the
district will continue to own and maintain the sewer mains. The City Attorney's office has
reviewed and approved the standard Connector's Agreement.
Motion:
Moved:
Recommend Council approval of the Bow Mar Sanitation District Wastewater
Connector's Agreement.
Waggoner Seconded: Penn
Motion passed unanimously.
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4. ENGLEWOOD WATER CONSERVATION PLAN 30 DAY UPDATE & BUDGET.
Tom Brennan, Utilities Engineer, updated the Board on the Water Conservation Plan, comments
received and budget.
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5. UPDATE ON AMENDMENT #5 FOR UV PROJECT.
Tom Bre1man, Utilities Engineer, updated the Board on the UV Project progress, an upcoming
credit for Addendum #5 and the budget. A credit will be fmihcoming on Addendum #5 because
a tracer study was found to be not necessary. The project is 70% constructed with a target
completion date of October, 2013.
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6. MS4 STORMWATER PERMIT-ENGLEWOOD PUBLIC SCHOOLS.
The Board discussed having the Englewood Public Schools obtain a separate MS4 Stom1water
Pem1it. With a pennit separation, any stonnwater violation from an illicit discharge by either
party will not be reflected on the other entity.
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• The Director of Utilities and the City Manager will discuss obtaining a MS4 Pennit with the
Superintendent of Englewood Public Schools .
Motion:
Moved:
To notify Englewood Public Schools to apply for a separate MS4 Stormwater
Pennit.
Kells Seconded: Burns
Motion approved unanimously.
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7. BOARD APPRECIATION NIGHT MONDAY, JUNE 24, 2013 .
There will be an Englewood Board and Committee appreciation night on Monday, June 24, 2013
beginning at 6:00 in the City Hall Community Room .
The meeting adjourned at 6: 10 p.m .
• The next Englewood Water Board meeting will be Tuesday, July 9, 2013 at 5:00 p.m. in the
Community Development Conference Room .
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Respectfully submitted ,
Cathy Bun-age
Recording Secretary