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Home My WebLink About2013 Ordinance No. 049' , • ORDINANCE NO.t4-- SERIES OF 2013 BY AUTHORITY COUNCIL BILL NO. 46 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE APPROVING SUPPLEMENT NO . 22 TO THE VALLEY SANITATION DISTRICT CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD TO INCLUDE ADDITIONAL LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, Valley Sanitation District has submitted a request for inclusion into Valley Sanitation District of a parcel with the proposed use of the property as an office and warehouse; and WHEREAS, Supplement No. 22 is for approximately 3.53 acres which is presently zoned I-2 (General Commercial/Industrial) and said zoning will remain the same; and WHEREAS, said annexation of this additional parcel of land will not increase the tap allocation • to the Valley Sanitation District; and • WHEREAS it is necessary for said District to amend its contract with the City of Englewood to include this additional land within the District; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of the Valley Sanitation Supplement No. 22 to Connector's Agreement at their July 9, 2013 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Agreement between the City of Englewood and Valley Sanitation District entitled "Supplement No. 22 to Connector's Agreement" is hereby approved. A copy of said Agreement is attached hereto as Exhibit A. 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. Introduced, read in full, and passed on first reading on the 3rd day of September, 2013. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 6th day of September, 2013 . 9 b iii Published as a Bill for an Ordinance on the City's official website beginning on the 4th day of • September, 2013 for thirty (30) days. Read by title and passed on final reading on the 16th day of September, 2013. Published by title in the City's official newspaper as Ordinance No. !z!J_, Series of 2013, on the 20th day of September 2013. Published by title on the City's official website beginning on the 18th day of September, 2013 for thirty (30) days. I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is }/jjle copy of the Ordinance passed on final reading and published by title as Ordinance No. '±J_, Series of 2013 . • • • • SUPPLEMENT NO. _2_2 ___ 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 VALLEY SANITATION DISTRICT, Arapahoe and Douglas Counties, Colorado, hereinafter called the "District," WITNESS ETH: WHEREAS, on the 18th day of April , ~ 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 served by the District, which Agreement was renewed by Connector's Agreement dated January 12 , 36c · 19g9 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 * see below and more fully described on Exhibit A attached hereto and incorporated herein by reference, into Valley 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 April 18 ,:£fa 1955 and Amended January 12 , ~ 1989 . Accordingly, Exhibit A referred to in Paragraph 1 of the Connector's Agreement dated April 18, 1955 ~CC--__ and Amended January 12, 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 January 12, 1989 , shall remain unchanged. IN WITNESS WHEREOF, the parties have set their hands and seals this _____ day of ________ , 20 __ _ * MLA TL Family Limited Liability Limited Partnership E X H I B I T A TTEST: CITY CLERK (SEAL) ATTEST: Supplement for Connectors Agr.doc CITY OF ENGLEWOOD BY ------------ MAYOR VALLEY SANITATION DISTRICT, ARAPAHOECOUNTY, COLORADO . ' • • • • • TIie mon■r par1y la laereby ORDERED ~-GRANTED/ to provide a copy oftbil Order to aay pro · se parties wlio laave eatered aa . APPROVED appeara ■ce in tliia action within 10 days . from die date oftlau order.. John L. wt,eeler .___.,,_. __ ..._ _____ .__ _________ -r-1 District Court Judge DISTRICT COURT, ARAPAHOE COUN1Y, STATE OF COLORADO Court Address: Arapahoe County. Justice Center 7325 South Potomac Street Centennial, CO 80112 · Phone Number: 303-64.9-6355 IN RE THE MATTER OF THE VALLEY SANITATION DISTRICT, ARAPAHOE, COLORADO Timothy J. Flynn, Esq. Collins Cockrel & Cole )90 Union Blvd., Suite 400 · 'Denver, Colorado 80228-1556 .Telephone: (303) 986-1551 Facsimile: (303) 986-1755 E-Mail: tflynn@cccfinn.com A . Re #: 10484 DATE OF ORDER ON ATTACHMENT Case No.: SSCVI 1425 Div.: Ctrm .: ORDER OF INCLUSION OF REAL PROPERTY "MLATL Pro e " . THIS MATTER CAME BEFORE THE COURT upon the Motion for Inclusion of Real Property filed by the Valley Sanitation District. Having considered the Motion and attachments filed therewith, the Court finds good cause for granting said Motion; IT IS THEREFORE ORDERED AND DECREED: That pursuant to§ 32-1-4-0l(l)(c)(I), C.R.S., as amended, the real property legally described below, together with all improvements thereon ("Property'') is hereby included into the boundaries of the Valley Sanitation District, Arapahoe County, Colorado, to wit: LEGAL DESCRIPTION A TRACT OF LAND BErnG THAT PART OF THE NORTIIWEST ¼ OF THE NORTHEAST ¼ OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: B~GINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST¼ OF THE NORTHEAST¼ OF SECTION 8; THENCE S 88'50" EA DISTANCE OF 625.80 FEET TO A POINT ON THE • (00289642.DOCX /} . er recording please return to : Timothy J. Flynn Collins, Cockrel & Cole, PC 390 Union Boulevard, Suite 400 Denver, Colorado 80228-1556 V/ESTERL Y LINE OF A TRACT DESCRIBED IN BOOK 1126 AT PAGE 249; THENCE S 43 DEGREES 08' 15" W ALONG SAID WESTERLY LINE OF SAID TRACT DESCRIBED IN BOOK 1126 AT PAGE 249 A DISTANCE OF 71.78 FEET; THENCE S 18 DEGREES 16'30" W ALONG THE WESTERLY LINE OF SAID TRACT _ DESCRIBED IN BOOK 1126 AT PAGE 249 A DISTANCE OF 258.02 FEET; THENCE N 88 DEGREES 50' WA DISTANCE OF 497.57 FEET TO A POINT ON THE NORTH-SOUTii CENTERLINE OF SAID SECTION 8; THENCE NORTHERLY ALONG SAID NORTII-SOUTH CENTERLINE OF SA.ID SECTION 8 A DISTANCE. OF 300 FEET TO THE POINf OF BEGINNING: EXCEPT THE WEST 50 FEET THEREOF, AS DESCRIBED IN BOOK 1007 AT PAGE 316, COUNTY OF ARAPAHOE, STATE OF COLORADO. Also known by street and number as 4300 S. Federal Boulevard, Sheridan, Colorado 80110. DONE this_ day of __ _, 2012. BY THE COURT: District Court Judge {00289642.DOCX /} 2 • • • • • MLATL SUBDIVISION FILING NO. 1 FINAL PLAT LOCATED IN THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN . CITY OF SHERIDAN, COUNTY OF ARAPAHOE STATE OF COLORADO SHEET! OF 2. lttSUJOt"90N CF" Pr.OT 1:1" ANO LDT • """"--·---,...,,._ ------ Ml[ CS-~---- ~~~"'f-~-~-,..~ -~ ~-~~~~ ~~~l-----~~~ ~~~~----------______ _!"'~~~~~2 ______ _ RJ>,c, s l!Clo4lr I Nlr.Jl'4J'Y ~r.• (Ste. JJNO n:uo ~ I /ll!1INt ,r/c,.,o,u,;z,:,,,, (lt(ffOl"li£M'NcJ .,../c.¥',t,s,a,;,,i, :----,o,,• ClP. I , ..... '"""" IIO't,ftTOTlJTY tASn<EKT t. 'ffClllt AA( MO n.OODN.dl tOUIOUICS 1"AT [XtST ~Cliff 10 ~! ?"IIIG'!ln'Y'. 1. SJeOl',ll"°"'KA.SMODIO\fM._...__.N.U'T.llr.. IJNPLAT1W ....,.,......, P' .. 41:ll. ,c /fEaJ'fK1I, •Z'OOltdV ~rf',cflrOFIWC,j~) / ...LE!iElill,.. PoCM;I\TY UH~ -----~ ...... ,. -----[.l$l:W9lt e Rt f 4 N;WP; •/ ""'"'~ ~ ~ 0 " ..,_~;;.~"'l:r. 7 ~¥ • .,.A~,. JOit ~•c"roaum2'.l~1 - 4300 $tlJ1H FU)£R.At.-Mu:n. SU90NISI~ ruuc HO. 1 re z. o, z. ... ,\ ... , .. :-·-.•· . _;~·: .-' ......... ._• 1·· 4350 0 ..... ; http://gis.eo.arapahoe.eo.us/arcgisoutputl _ags_3da0f396-d52e-4ddc-9eea-893f2d8bad61 .png 4/20/2012 • • • • • • COUNCIL COMMUNICATION Date Agenda Item Subject September 3, 2013 9 a iii Valley Supplement #22 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 July 9, 2013 meeting, recommended Council approval of a Bill for an Ordinance approving Valley Supplement #22 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatment to a population of about 70,000 people 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 accommodate all such future inclusions. A request was made by the Valley Sanitation District representing the owner/developer, MLATL Family LLLP for inclusion into the Valley Sanitation District. Supplement #22 is for an area approximately 3.53 acres . The zoning per Arapahoe County is 1-2 , General Commercial/Industrial. The proposed use of the property is for an office/warehouse with vehicle storage. MLATL is connected to Ralph Schamp Automotive. The legal is attached as Exhibit A. The property is located near W. Princeton Pl. and S. Federal Blvd., with a proposed address of 4300 S. Federal Blvd. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Minutes from July 9, 2013 Water and Sewer Board minutes Proposed Bill for an Ordinance • • • 6 1 Present: Absent: Also present: WATER & SEWER BOARD MINUTES TUESDAY, JULY 9, 2013 Oakley, Wiggins, Habenicht, Waggoner, Moore, Woodward, Burns, Olson, Lay Penn None . Stu Fonda, -Director of Utilities, Vasser Abouaish -City Engineer and John Bock -Utilities Manager The meeting was called to order at 5:04 p.m . 1. MINUTES OF THE JUNE 11, 2013 MEETING. The Board approved the Minutes of the June 11, 2013 Water Board Meeting. Motion: To approve the June 11, 2013 Water and Sewer Board Minutes. Moved: Habenicht Motion approved unanimously . \0 ; ~j 2. BIG DRY CREEK DRAINAGEWAY STUDY. Seconded: Oakley Mr. Dave Henderson, of the Public Works Department, appeared before the Board to review a request for $12,000 for Englewood's portion of the Big Dry Creek Drainageway Study Master Plan initiated by the Southeast Metro Stormwater Authority. The study is for identifying storm flows for future improvements, areas needing stabilization, floodplain management for future development and new mapping of flood hazard areas. Staff is requesting $12,000 be appropriated from the Stormwater Utility Fund. Motion: Moved: To approve funding Englewood's share of the Big Dry Creek Drainageway Study from the Stormwater Fund in the amount of $12,000. Penn Seconded: Moore Motion approved unanimously. 3. ENGLEWOOD 2013 WATER CONSERVATION PLAN. Mr. Abouaish reviewed the final draft of the 2013 Water Conservation Plan. The Board evaluated comments received during the 90-day review period. The recommendations submitted will not change the existing drafted water conservation plan, but will be included in the appendix and considered for implementation over the next five years. Englewood's responses to the comments received will be included in the appendix. It was recommended that the responses be published in a future issue of the Pipeline. Motion: To recommend Council approval of the 2013 Englewood Water Conservation Plan . Motion : Burns Seconded: Wiggins Motion approved unanimously. 4. COLUMBINE WATER AND SANITATION DISTRICT CONNECTOR'S AGREEMENT. Sanitary sewer service is provided to districts outside of the Englewood corporate boundaries through the standard connector's agreement. Columbine Water and 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 standard Connector's Agreement. Motion: Motion: To recommend Council approval of the Columbine Water and Sanitation District Connector's Agreement. Burns Seconded: Lay Motion approved unanimously. • • • \ . • • • 5 . VALLEY SUPPLEMENT #22. A request was made by the Valley Sanitation District representing the owner/developer, MLATL Family LLLP for inclusion into the Valley Sanitation District. Supplement #22 is for an area approximately 3.53 acres. The zoning per Arapahoe County is 1-2, General Commercial/Industrial. The proposed use of the property is for an office/warehouse with vehicle storage . MLATL is connected to Ralph Schomp Automotive. The property is located near W . Princeton Pl. and S. Federal Blvd . with an address of 4300 S. Federal Blvd. Motion: To recommend Council approval of Valley Supplement #22. Moved: Waggoner Seconded: Lay Motion approved unanimously. 6. 4344 S. WASHINGTON -ILLEGAL WATER TURN -ON. The Board discussed a water and sewer account at 4344 S. Washington. The owner has been repeatedly turned off for non-payment and has been turning the water back on themselves. City Code does provide authority to dig up in the street and disconnect at the corporation stop . The Board recommended that staff check the Utilities Department legal position and options with the City Attorney. Ms. Olson directed staff to go out to the property with the Englewood Impact Team to determine reason for non-payment. Options to digging up the street to disconnect were discussed . The Board will be updated at a future meeting . Jim Woodward left at 5:40 p.m. D i 7. EASEMENT VACATION -5001 S. BROADWAY. The new property owner, Broad bell LLC , is requesting Englewood's vacation of abandoned easements on the west side of the i r property at 5001 S. Broadway. The easements were deemed not necessary by the Utilities Engineer to service the existing improvements on the property. The termination of this easement will facilitate development of the property. Motion: Moved : To recommend Council approval of the vacation of the abandoned utilities easements at 5001 S. Broadway for Broad bell LLC. Waggoner Seconded: Oakley Motion passed unanimously . EJl 8. MS4 PERMIT WITH ARAPAHOE SCHOOL DISTRICT 1. The Board received a copy of the memo to Gary Sears dated June 19, 2013 regarding notifying the Arapahoe School District #1 of the one year notice to apply for its own MS4 Storm water Permit. A meeting with The Director of Utilities, the City Manager and the Arapahoe School District #1 is set up for August 15. (@1 9. SUPREME COURT RULING -LAWN IRRIGATION RETURN FLOWS. The Colorado Supreme Court ruled against Englewood in the lawn irrigation return flows issue. Stu Fonda discussed how the ruling affects Englewood's water rights. Adjourned 6:00 p.m. The next Englewood Water Board meeting will be Tuesday, August 13, 2013 at 5:00 p.m. in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2636) at least 48 hours in advance of when services are needed. ' I • • •