HomeMy WebLinkAbout2009 Ordinance No. 052•
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BY AUTHORITY
ORDINANCE NO . 9-
SERIES OF 2009 --
COUNCIL BILL NO . 54
INTRODUCED BY COUNCIL
MEMBER WILSON
AN ORDINANCE AUTHORIZING A WASTEWATER CONNECTOR'S AGREEMENT
BETWEEN CHERRY HILLS HEIGHTS WATER AND SANITATION DISTRICT AND THE
CITY OF ENGLEWOOD , COLORADO .
WHEREAS , the City of Englewood owns and operates a sewage system, including a sewage
treatment plant which is jointly owned and operated by the City of Littleton known as the UE
Wastewater Treatment Plant (WWTP); and
WHEREAS , the UE WWTP provides sanit ary sewer service to district s outs ide of the
Englewood corporate boundaries through the standard connector'; agreement ; and
WHEREAS , the Cherry Hills Heights Water and Sanitation District desires to utili ze the UE
wwrP for tre t of the District 's sewage ; and
WHEREAS , the Cherry Hill s Heights W • er and Sanitation District encompasses approximatel y
42 acres having 23 taps ; and
WHEREAS , the WWfP is situated physically as to be able to receive and treat the sewage
from a designated area served by the Cherry Hills Height s Water and Sanitation District and
gathered by the District's sanitary sewage system; and
WHEREAS, Cherry Hills Heights Water and Sanitation District will continue to own the lines
and will be responsible for capital improvemen1s in its system ; and
WHEREAS , the Englewood Water and Sewer Board reviewed and recommended approval of
the Cherry Hill s Heights Water and Sanitation District Wastewater Connector's Agreement at t'ieir
October 13 , 2009 meeting ; and
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF
ENG LEWOOD, COLORADO , AS FOLLOWS :
Section I. The Agreement between the City of Englewood and Cherry Hill s Heights Water
and Sanitation Di stri ct entitled 0 Wa stewat er Co nnector's Agreement " is hereby approved: a copy
is atta ched hereto as Attachment I.
Section 2. The Mayor is authorized to execute and Cit y Clerk to attes t and seal the
"Wastewater Connector 's Agreement", for and on behalf of th e Englewood City Council.
Introduced , read in full. an d passed on fir st reading on the 7th da y of December , 2009 .
Published as a Bill for an Ordinance in the City· s official new spaper on the 11 • da y of December ,
2009 .
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Published as a Bill fo r an Ordi nan ce on th e Cit y's offi cia l webs ite beginning on the 9"' day of •
December, 2009 for thiny (30) days.
Read by title and pas sed on fin al reading on the 21st da y of De cember . 2009.
Published by title in the City's official new spaper as Ordinance No . ?A Serie s of 2009. on
the 25th day of December , 2009 .
Published by title on th e City's officia l website be ginni ng on the 23"' day of
December, 2009 for thiny (30) days.
I, Loucrishia A. Ellis. City Clerk of the Cit)' of Englewood, Colorado, hereby cenify that the
above and foregoing is a true copy of the Ordinance pass ed on fina reading and published by
,i,<•Orom=No.5-¼m,o<>OOO . • t'.j
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• WASTEWATER
CONNECTOR'S AGREEMENT
For Districts
Sewer Co ntracl No.
THIS AGREEME NT , made an d entered into this ____ day of
________ , 20_ to be effective as of __ ~~~ , 20_; by and
between the CITY OF EN GLEWOOD, COLORADO, a muni cipal ct rporation, hereinafter
referred to as "City," acting by and lhroLgh its duly el ected, qualified and authorized Mayor and
City Clerk, and CHERRY HILLS HEIGHTS WATER AND SANITATION DISTRJCT, a qu asi-
municipal corporatio::. and political subdivis ion of the State of Colorado , hereinaft er call ed
"District," acting by and through its authorized Representative .
WITNESSETif
WHEREAS , the Cit; owns and operates a sewage system, in cluding a sewage treatment plant
which is jointly own,: \.16 operated with the City of Littl eton, so situat ed physically as to be
able to receive and treat th e sewage from a designs ·d area served by the District and gathered by
the District 's sanitary -sewage system ; and
WHEREAS, it is the desire of the District to utilize the facilities owned by the City for the
treatment of sewage and the Ci t" is willing to serve the District for treatment of sewag,, under
• certain conditions;
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NOW, THEREFORE, IN CONSIDERATION of the promises and for other good and
valuab le consid eration hereinafter set forth , it is mutuall y agreed by the parties as foll ows:
l . The Cit y hereby agrees under the conditio ns hereinRfter set forth , t o treat the sewage
originatin g from the District 's sanitary sewer sy st em withi n tl1 e area served by Lhe
Di strict as approved by the City and as indicated in the descri ption attached heret o,
incorporated herein and marked as "Exhibit A."
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Th e District specifically agrees to prevent sewage fr om any area other than that
described herein , from being discharged into the Disttict 's sanil,ry sewage system
connected to the City 's trunk line and to prevent connections to the system from or in
an y area other than those descri bed herein .
In th e operati on oftl,e. Di stri ct's sanitary sewer system, the Di strict agrees that all
applicable Coc!c provisions and ru les and regulations of the City , iPcluding amendments
th ereto du:ing the term of th e contract, sh all be th e minimum standards for the District's
system. The District fu n her agrees to abide by all applica ble state and federal laws,
rules, regJlat ions, or pennits, includmg th os e of the Environm ents ] Protection Agen cy
(th e EP A) as they becom e effec tiv e or implemented or up on noti ce from tl1e City. Th e
Di strict shall infonn all users , contractors and subcontractors of such sU. 1dard s1 rul es and
regul ation s uµo n inqui ry from such perso ns, and shall not furni sh an y info rmati on
inco nsistent therewith . In this regard , it shall be th e res ponsibility of the Distri ct to
ob ta in th e app li ca bl e req uirem ent s from th e appropri ate governi ng bod y. Th e City shall
auempt to maintain and provid e infonnation on all requirements to the Di stri ct; however,
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the Ci ty does not guarantee the accuracy or completeness of governm ent regu lation s
other lhan the Cit y'i own re gul at ions.
3. Regarding the pro vision of sewer service, th e City 's permitt ing requirements shall be
fo ll owed by th e District and its users. All sewer plans, specifications and meth ods of
work within th e Di st ri ct shall be submitted lo the City in writin g and approved by City
pri or lo an y construct ion or tap in th e Di strict 's designated area . No permit shall be fi nal
and no !"".rvi ce shall be provided to propert y m~til construction is approved1 in wri ting by
the City .
4. The District shall be responsible for the prop er maintenance of its sewer system and shall
rectify any problems or conditions whi ch have been determined by the Di strict or City lo
be detrimental lo City 's treatment proces s or system. Should the City determine that an y
discharge enters the sewer system contrary to applicable lawr , ordinances , statutes, rules,
regulations or permits , the Di strict agrees to proceed al once to take whatever lawful
means may be neces sary lo rectify any such problem or condition.
5. City shall hwe the right lo allocate service under this Contract, and City may deny
additional service for any utility-related reason, but in no event will City terminate or
refuse any service with out cause. City shall have the right to di sconnect service lo any
area annexed to the Di strict when such annexation takes place with out prior written City
approval.
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Within one year of this agreement, the District shall provide City with an estimate of the •
number of equivalent service laps needed for the next five (5) years under CU!Tcnt zoning
and planned build out in the District 's area as shown on Exhibit A. The District shall
monitor zoning changes within its area to estimate its lap requirem ents and provide City
with notice of lap requirement for the next five (5) year period oftime in a form
satisfactory lo the City. Noti ce of these requirements shall be gi ven City on each
anniversary dale of this Agreement.
6. City may impose and collect reasonable fees , toll " and charges, which shall be unifo rm
as to all outside.C ity users for the services pro vided by th e City under thi s CJ nnector's
Agreeroeot.
7.
City shall bill the District users directly for all applicable City charges for services
rendered und er this Agreement. Should any user not pay City, City shall bill the District
and Ute Di strict shall pay the amount due to Ci ty within fo rty-fiv e ( 45) days of such
billing . 11,es e charg es are subj ect to adju stment by th e City fr om time to time . When
such adju stment lo these ch arges are made , City shall giv e the District forty-five ( 45)
days advance wr.tteo noti ce.
Subject to the terms of th e Taxpa yer's Bill of Rights (TABOR), the term of this
Agreerocnl is for a perio<l of three (3 ) years from the date of execution and automatically
renewed for six (6) subsequent three (3) year periods unless eith er party giv es a
minimum of six (5) months wd tlen notice, during which time the Di strict agrees that all
effluent produ ced fr om taps within the Di strict shall not be in viol ation of an y federal ,
sta le or City laws, ru les or regula tio ns , or auy other applicable gov ernmental regi:lations
or the permits und er which th e Ci ty operates its sewag e treatmen t system . City agrees,
during the tem1 hereof, to treat said efflu ent 111d to maint ai n adequate fa cilities fo r
treati ng the same.
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8. The District agrees th at it will mai ntain, at its own expense , all li nes now owned and
operated by the Distri ct, it being speci fi cally agreed th at City ass umes no responsib ili ty
shou ld any of th e Di sLri ct 1 s lines bec ome clogged, dam aged, or require maintenan ce.
Th e District shall , if it deems necessary, notify its users of the Dis trict 's procedure to
remedy service disruption.
9. The City is pro viding only sewag e treatment serv ice and , purs uant th ereto, permi ts
inciden tal to the use of th e Ci ty's sewage lines shall be govern ed only by thi s individual
Cor tract with th e Distri ct and th e City does not, by thi s Contract, o ffer tre,,tr .. ent service
cXC\..;:'! in strict acco rdan ce with th e terms hereof. This Co ntract does not offer, at,d shall
not be constru ed as offering, sewage treatment service to the public generall y or to any
area outs ide the li mit s of the
District 's servi ce area descri bed in Exhibit A.
I 0. This Contract may not oe assigned, sol d or transferred by the Distri ct without th e City 's
\\Tittcn consent.
11 . Should any federal law, rule , permit or regu lation or should a decree or order of a court
render void or unenforceabl e any provision of this Contract , in whol e or in pan, the
remainder shall remain in full force and effect.
12. Th e Distri ct shall enforce this Agreement and each of its term s and conditions within the
area desc, ibed in uExhibit A." The District shall refuse to serve a user or potential user;
disconnect the service of any user pursuant to appropriate law ; or take other appropriate
act ion in th e event of:
a. Nonpaym ent of such user of an y charge made by City for services;
b. Any violat;on or noncompliance by such user with the terms of this Agreement;
c. Violation o· non co mplian ce by such us er with th e applicable law s, rules , permits
or regulati t•ns of th e City , tlte Unit ed States government , including the EPA , th e
State of Co lored o, in cluding the Depanment of Hea lth , or otl1cr Jaw, rule , pennit or
ap pli cab le regulation .
13. Continued breach oftltis Agreement by th e Dis:rict and/or it s users shall be con sid ered
cause fo r th e City to terminate thi s Agreement . Sh ould the Distri ct fail to promptl y
recti fy a br each of any provision s identifi ed herein , after noti ce thereof, Ci ty may take
such steps and do such work as it deems necessary to enforce thi s Agreement, in clu di ng
lit igation and specificall y a ri ght to injun ction or specific perfo nnan ce agains t the
Distri ct or any of its useri. 1s is neces sary to protect the Ci ty's sys tem and operat ion s.
TI1e prevailing party shall be entitl ed to exp enses and cos ts of suit, includi ng attorney
fees .
14. Shoul d more than one distri ct be connected ton sewer lin e, all district s on th e sewer line
who are in breach of this Agreement sha ll be jointly and severall y li ab le for any such
breach of thi s Agreement and each such district shall immed iately, after not ice, rectify
any problem or condition detrimental to the treatment process arisi ng within its legal
boundaries . When more than one district is connected to a sewer line, and the City •
discove rs any vio lation of the tenns of t.ltis connector's agreement ; th e City shal l not be
req uired to prove whi ch district is at fa ult but sh all make ava il able to all such affected
districts all information developed or acc umu lated by Ci ty pertainin ·; to such breach ,
Nothing contained herein shall prec lu de a claim for indemnity or co ntribution by any
Di strict aga inst an oth er District co nn ected to a common sewer line. CRS-13-21 -11.5
shall govern th e percentage of liabilit y of an y district on a commo n sewer line in th e
eve nt th e Ci ty seeks to imp ose li ability based upo n negli gence or fault.
15, Thi s Contract sha ll not be used as a legal defense or prohibition to th e mand .tory
consolida ti on of faciliti es by either party as may be required by th e laws of the State of
Colorado of all existing se wer collection systems and facilities to a governmental entity
created to assume responsibilit y fo r sew er sr.rvice in the area in which both City and
State are a part under statutory or co nstitutional auth orit y,
CJ1Y OF ENGLEWOOD , COLORADO
James K. Woodward, Mayo r
ATTEST :
Loucrishia A. Ellis, City Clerk
CHERRY HlLLS HEIGHTS WATER AND SEWER DISTRJCT
STA TE OF CO LORADO
COUNTY OF ____ _
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Th e fo rego ing instrum ent was acknowledged before me thi s __ day of ____ _
20 0_, by _________ _
Witness my hand and officia l sea l.
My Commission ex pires: . ____ _
NOTARY PUBLI C
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Exh ibil A
L ega l Descriptio n
Chcrrv Hills Heights Wat.er and San itation Distri ct
All of the area within the Re-Subdivi sion of Subdivis ion "A," Cherry Hill s
Heights, as re;corded upon the pu bli c records of Arapahoe County, Co lorado on th e 28 th
day of April . 941 in Tow n Plat Book No. 6 al Page 8, Reception No. 27 8630, togeth er
with th e fo ll owing two parce ls of land id enti fi ed herein as Parcel No . J and Parcel No. 2
respectiv el y, an d both be in g adjacent to the easterly line of Lot 3, Bl ock 6, Re-
Subdivi sion of Subdivision "A ," Cherry Hill , Heights, Arapahoe County, Co lorado:
Parcel No. l: Beg inning at the point of iP ' :;,c~;;c . ~fLots I, 2 and 3, Block 6,
Resubdivisi on of Subdivi sion "A," Cherry Vi11l s Heights, so utheasterl y ,;Jong the west
line of Lot 3, Block 6 of sa id Subdivi sion to the south wes t corner of Lot 3; then ce
easterly along the south line of th e sai d Lot 3, to the so•Jth east corner of said Lot 3, the
Poin t of Begi nning , then easter : along th e arc of a cun•e the radiu s of which is 1222 feet
and th e chord of which ii 168.5 feet in kogth , the bearing fo r sai d ch ord being 84°, 29 "E;
then ce north I 5°00'E, 140 feet; thence wes:erl y on a line towards the intersection of
Lots l , 2 and 3 of said Blo ck 6 to the intersect.Jon .;[ c::i<t lint· with the easterly b01,ndary
of Lot 3; thence southeasterly along the east boundary lin e ffi said Lot 3 to the Point of
Beginning, Block 6, a part of the southeast southwest, Section 36, Townshi p 4 South,
Rang e 68 West, 6th Principal Meridian , County of Arap ahoe , Colorado, also !mown as
pa.'1 of2703 E. Flo yd Avenue, Englewood, Colorado 801 JO .
Parc el No. 2: Beg inning at the northe ast co rn er of Lot 3, Block 6, Resubdivision
of Subdivision "A ," Cherry Hill s Heights, thence east 172 feet ; thence so uth J5 °E 110
feet; th ence westerl y alon g a lin e towards th e intersection of Lots 1, 2 and 3 of said
Blo ck 6 to a point on the easterl y lin e of said Block 3; thence north wes terly along th e
eas terl y line o f said Lot 3 t to the Point ofBe1,~nning , a part of th e southeas t of the
southw es t on e-qu arter of Secti on 36, To wnship 4 So uth , Range 68 Wes t of th e 6th
Prinicipal Meridian , Ara pahoe Cou nty, Co lorad o, also kn own as a part of 270 1 E. Floyd
Avenu e, Englewood, Colorado 80 11 0.
The above des cribed are a is depicted on a map which is attached hereto as Pag e 2
of this Ex hib it A and incorp orated herei n by thi s referen ce .
(001 68162 .DOC II
• CO 'ICIL COMMUNICAT ION
Da te : Age nda It em: Subject :
De:embe · 7, W0 9 I 9 a ii Cherry Hill s Heigh\S Wa ter & Sa nit ation Di str ict
Wastewa ter Stan da rd Co nn ec tor's Ag reement
In it iate d 8-: I Staff So urce :
Un l,ties De partment Stewart H. Fo nd a, Dir ec tor of Utilit ies
COU'ICIL GOAL AN D PR EV IO US CO UNC IL ACTI O N
Ci ty (Junc il appro, ed a standard sa nitarv sewer co nn ec tor's agreemen t in Ja nu ary, 1988.
RECO\IME N OED ACTIO
At the · October 1 ,, 2009 meeting the Englew oo d Wa ter and Sewer Boa rd reco mm ended Co un ci l
appro .al oi e Che rry Hill s Heigh ts Water and Sa nitatio n Di stri ct Wastewa ter Co nn ecto r's
Agree --,ent.
• BACKGR O UN D, ANALYS IS, AND ALTIR NATIVES ID ENTI FIED
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Sa nit ar, sewer se" ,c e is pr ovi ded to distri cts out sid e o/ th e Englewo od corp ora te boulldari es
thr m1~1 th e sta nd ard connec tor's agreement. Th e Littl eton/Englewood Was tewate r Tr eatm ent Pl ant
is able to rec e and treat sewage transmi tt ed by var ious distri cts. Th e attached ag reeme nt
addres ses this serv ic e with th e dis tr ict that owns and mainta ins th e sewe r main s.
In th e Ch er') Hill s He ights W ater and Sani tation Dis tri ct th ere are 23 taps enco mpassin g
apprO\ ri1a tel, •L.! a..:~Ps, Cherry Hill s Heig hts Water an d Sa nit ati on Dis trict will co nt inu e to own th e
li ne s a·.:" ill be resp ons,b le ior capi tal improveme nt, in its sys tem. Th e att ached map sh ow s the
Chem -i ills Heights Water and Sa ni tation Dis tr ict.
The c,~ At1 o rney's oitice has m iewe d the standard c~r nectar 's agreement.
FINA NC IAL IMPACT
'1one.
U ST OF U TACHMEN TS
Wa ter and Se-, er Board ,n 1n utes fr om O cto ber 13 and Nove mbe r I 0, 2009
Bill for a· Ordin an ce
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ll'A TER Al\'!) SEWER BOARD
M r UTES
Oc1ober 13 . 2009
The mee1ing was ca lled lo order a1 5:07 p.m.
Members pres~ni :
.\1embers absent
A Isa preseni :
Bum s, Moore , Cassidy, Wiggins,
Woodward, Oakley, Clark , Higday.
Habenich1
one
S1ewan Fonda, Direc1orof U1il i1ies
Dennis Srowe, Manager of1he tJi -Ci1y
Was1ewa1er Plan1
I. MINUTES OF THE SEPTEMB ER 8, 2009 MEET! G.
The Englewood Wa1cr and Sewer Board received a copy of the minu1es of1he Sep1cmber
S. 2009 mce1ing and approved lh e minmes of1ha1 mee1i ng, as amended .
Mr. Bums moved ;
Mr. Wiggins seconded:
Ayes:
ays:
Members absem:
Mo1ion earned .
To app rove lhe Seplember 8, 2009 Waler
and Sewer Board minu1es, as amended .
Bums, Moore , Cassidy, Wiggins,
Woodward . Oakley, Clark , Hi gday,
Habenich1
None
None
2. CHERRY HILLS HEIGi-iTS WATER & SAN IT AT IO DI STRICT
WASTEWATER TA 'DARD CONNECTO R'S AGREEMENT .
The Cherry Hill s Heigh1 s Wale r and Sani taiion District sub mitt ed a Wastewater
Co nnectur ·s Agreem c,11 for the dis tri ct to utili ze the faci lit ies , owned by the City o f
Eng lewood , for trea1men1 of se wage fro m a designated out sid e di stri ct.
In the Cherry Hill s Height s Water and Sanitation Di stri ct there are 23 taps enco mp ass in g
approx imat ely 42 ac re s. Cherry Hill s Height s Water and Sanitatio n Distric1 wi ll continue
to own th e lines and wi ll be respo ns ible for cap ital improvem~nts .
Mr. Habe ni cht moved ;
Mr . Higd ay seco nd ed:
Ayes :
Nays:
Members abse nt :
Motion carried .
To reco mm end Co uncil approva l of the
Che rry Hill s Height s Water and Sanitation
Di strict Wast ewat er Stand ard Co nnector 's
Agreement.
Bum s, Moore , Cassi dy, Wiggins.
Woodward , Oakley, Clark , Hi gday,
Habenicht
No ne
No ne
3. TEMPORARY LICENSE AGREEMENT FOR REMO VA L OF AT&T
ANTENNA .
The Board rece ive d a copy of th e Temporary Lice nse Agreemenl for placing their
wir eless communication an ten nas at a temporary lo ca ti on adjace nt to the Sherman Water
Tank durin g the paintin g of th e tank . The Licen se is effective from Nove mb er I , 2009 to
Jun e I. 2010 . AT&T ·.viii clear all cons 1ructi on debris and restore th e area of the
temporary sit e wi thin seve n da ys from the date of completio~. All work will be
perfom1ed by AT&T at no expe nse to the Cit y.
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~Ir . Burn s 11101·ed:
Ir. Habeni cht seco nded : To reco mm end approval of th e Tcmporury
License Agreement for rcmol'ltl of the AT&T antenna durin g th e painting of Englewood 's
Shemrn n \l'a1cr Ta nk.
Ayes:
Members ab sent :
Motion carried .
Burns. Mo o•° Cas sid y. Wiggins.
Woodwa rd, Oakle y, Cla rk. Hi gday ,
Habenic ht
one
4. REQUEST FOR ADVERT ISING ON SHERMA TANK BY GROO E
AUTOMOTIVE.
Groove Automotive se nt a lett er to the Boa rd req ue stin g pennission to pla ce adverti sin g
on Englewood's Shemian Wa ter Tank . Their request was prese nted to th e Englewood
Water and Scwct Buard and after care ful consideration, th e Englewoo d Water Boa rd
dec ided to den y Groove Toyota 's req ues t. It was deci ded th at th e tank , as part o f th e
Engl ewoo d publi c water sys tem, wou ld not be an appro pri ate di spl ay fo r advert ising . The
Board also wants to estab lish a poli cy to deny fut ur e reque sts 10 r lacc adv e11i sin g on
Englewood wa ter tanks .
Mr . Higday moved:
Mr. Bum s seconded : To deny Groove Aut omo ti ve's requ es t to
pl ace a logo on Englewood 's Shem1an Water Tank and to establi sh a p0licy denyin g
futur e req uests to place adve rti si ng on Englewoo d wa ter tank s.
Ayes :
Nays:
Members ab se nt :
Motion carried .
Bums, Moo re, Cassid y, Wigg ins ,
Woodward , Oakley, Clark, Hi gda y,
Habe ni cht
No ne
one
5. WATER RIGHT S PDATE DATED SEPTEMBER 4, 2009 FROM DA \/ID
HI LL.
The Board rec eived fro m David Hill s, Eng lewood·s Wate r Att orn ey, a wate r ri ght s upd ate
dated Septemb er 4. 2009 . Stu di scussed deve lopm ent s in wat er lit iga ti on cases in whi ch
Engl ewood is invol ved .
6. BU<E PATH ALO NG C ITY DIT CH R.IGHT-OF-WAY ALONG LEE GULCH .
Stu notified the Boa rd that Charli e Bloston , City of Littleton Director of Public Works ,
will be appearing at the next Eng lewoo d Water and Sewer Boa rd me etin g to disc uss a
prop osed bik e pat,: a:ong th e Cit y Ditch right --of-way from Lee Gulch to South Belle view.
The City of Littl eton is coordinatin g th e project with South Suburban Parks and
Recreation.
7. TO UR OF TH E LITTL ETnN/ENGLEWOOD WASTEWATER TR.EA TM ENT
PLA NT.
Dennis Stowe and Jim Tallent were pre se nt to conduct a tour for th e Water Board of th e
Littl eton/Englewood Wastewa ter Trea tm ent Plant.
The meeting adjourned at 5:34 p.m.
The next Englewood Water and Sewer Board mee tin g will be hei r\ ru es day , Nove mber
10, 2009 at 5:00 p.m. in th e Co mmunit y Deve lopm ent Co nfere nce Room at ci ty Hall .
Resp ectfull y submitted ,
I sl Cath y Burrage
Recordin g Secre tary
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WAT ER AND SEWER BOARD
MI NUTES
Nov emb er I 0. 2009
Th e meeting was ca ll ed 10 ord er at 5:0 7 p.m.
Memb ers prese nl: Mou re, Cass idy, Wigg ius , Woodward ,
Oakl ey, Clark , Hi gday, Hab enicht
Memb ers abse nt:
Also pre se nt :
Burns
Stewa n Fo11da , Dir ec tor of Utilitie s
Bill McConnick , Opera1ion s Supt.
John Bock , Man age r of Admini strati on
I . MINUTES OF TH E OCTOBER 13. 2009 MEE TIN G.
The Englewood Wa ler and Sewer Board i·ccc ivecl a cop y of th e minut es of th e Oc tober
13. 2009 mee tin g and app roved th e mi ,. ,tes of that mee tin g.
Mr . Hi gd ay moved ;
Mr. Wigg in s seco nded :
A~1cs :
Na ys:
Memb ers abse nt :
Moti on carri ed .
To approve the Oc tober 13, 2009 Wat er
and Sewer Boa rd minutes, as amended .
Moore. Cass id y, Wig gin s, Woodward,
Oakl ey, Clark . Higclay, Hab eni cht
ionc
Bum s
2. CHARLI E BL O TE:'\ C ITY OF LITTLETON REGA RDI NG BIK E PATH
ALO,G ITY DI TC H FRO ~! LEE GULC H TO BELL\"IE\\".
Charl ie Bl os 1on. C i1 y or Liulc1on Direc 1or o r Publi c Work s. Be,· Brnd sha w. Sou 1h
uburban Boa rd memh er and Rohen Scam s with Th e Gree nway Team. app eared before
th e Board to discuss a bik e pa th along th e Ci ty Dit ch ri ght-of-way in Li1tl c1on.
Charl ie Blo sten outlin ed th e proposed bik e pedestrian trail thal wo uld fo ll ow 1he Ci1 y
Dit ch from Le e Gu lch to Belleview and connect to th e Bi g Dry Creek Trail. Mr. Scam s
prese nted a powcrpo i111 prese nt atio n sho wing photos or area s alon g th e propo sed bike
trail.
Th e Board di sc ussed water qualit y co ncerns. being 1hat the Cit y Ditch is a drinking water
so urce for the Cit y or Englewoo d. Bill McConnick noted th at it is pos sible th at this area
of Ci ty Ditch co uld be piped in the future to improve watr.r qualit y, enab le th e Cit y Ditch
to flow in the winter and impro ve wa ter hardnes s.
Mr . Blo ston discu sse d possibl e his tori c or Op en Spa ce fundin g th at ma y be availab le.
Mr. Fonda noted 1h at the rami fi cati ons of th ese loans would have 10 be in vestigated
before a commitm ent co uld be made.
Mr. Higda y discu sse d pipin g the entire len gth of the Cit y Ditch that wo uld be adjacent to
the bike trail before th e trail is in s1alled. Discu ss ion ensued regarding fund s req uired for
piping approximatel y 1/3 to ½ mile of Cit y Ditch . Other co ncern s noted were do gs and
po ss ible e-coli. liabilit y and sec urit y. Mr. Blo ston sai d that th ey ha ve had discu ss ion s
with Den ve r Wa :er Depanment about purchas in g temporary water to run in the Ci ty
Ditch for irri ga tion .
Chaimian Clark rcc or1mc nd ed tha1 Englew oo d s1affinvestigat e lega l ramificatio ns and
ot her not ed concerns regarding thi s req uest and th e Board continu e discussion at the al
the January 12. 20 IO mee1in g.
Moti on carri ed .
3. MR . PET ER HOG E 'DYKE -RE IMBURSEMENT FOR SEWER BACK UP AT
48-11 S. PEN NSYLVAN IA ST .
Mr. Pete r Hoo ge nd ykc appeared before th e Board regarding a se wer ba ckup at hi s
mother's house at 4S4 1 S. Penns ylvania St on August 20. 2008. The ba ckup was ca used
by bloc ka gr in 1h c main in 1h e all ey.
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Eng lewood contrac ted with Palace Constructio n for repair and cleanup. givi ng th em a
le11er of pre-autho ri ze d serv ices 1ha1 th e Ci ty of Englewood wo ul d co ver . Th e Board
received a copy of the releas e signed by th e ow ner, Mr. Hooge nd yke , aut hori l ing
additional clean up.
Peter Hoogend yke be lieves that !h e char ges from Palace Co ns1ruc1i on we re excessive and
hi s moth er, being 9 1 and in ill heall h, was not aware that ad1 iti ona l charges wo uld be
fo rth co ming, assumin g th e cl ea nup was covered by th e origina l co ntract with Englewoc ,d .
Mr. Hoogendyle fil ed a claim with Stat e Fa nn and wa , -'e nied beca use th e damage
originated from outside th e propert y lines . Th e Hoo~c nd ykes are now bei ng sued by
Palace Construction for the rem aining balance.
John Bock provided back gro und infc ,nnati on on Palace Co nstruc tion . Al approximate lv
th e same lime. the City was ob taining uids for re storation services, wi th Palace
Co nstruc1ion not bein g se lected . Mr. Moore noted 1h a1 th e signed release did not it emi ze
work that was to be co mpl e1ed.
The Board agreed that Utiliti es s1affwill provide supp ort and assis tance on the
homeowner's be hal f. Th e Board will di sc uss f1•rth er afte r a co urt rulin g has been
received .
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4. REQUEST FOR ADVERT ISING ON SH ERMA 1 TA NK DY GROOVE
AUTOMOT fVE .
Groove Au 1omo1ive se nl a leller 10 th e Board req ue sting penni ss ion to pla ce adve rtisin g
on Englewood 's Shennan Water Tank . Their req ues l was prese nled 10 th e Engl ewoo d
Wa ler and Sewe r Board and after c;irc ful co nsid erution, the Eng lewood Water Board
dec ided 10 deny Groov e To yo ta's request. II was decided th at th e lank , as part of th e
Englewood public water sys tem , would nol be an appropriat e displ ay for adve rtisin g. The
Bo ard also wan ts to es1ablish a polic y 10 deny future requ ests 10 place advertising on
Englewood water lank s.
Mr. Higda y moved :
Mr. Bums seconded : To deny Groove Au 1omo1ivc ·s req uest 10
place a logo on Englewoo d's Shen nan Water Tank and 10 estab li sh a poli cy denyi ng
futur e req uest s to pla ce advert isin g on Englewood wa ter tank s.
Ayes :
Nays :
Members abse nt :
Motion ca rried .
Bum s, Moore , Cass idy, Wigg ins ,
Woo dward, Oakle y, Clark. Hi gday ,
Habeni cht
No ne
on e
5. WATER RIGHTS UPD A fE DATE D SEPTEMBER 4, 2009 FROM DAVID
HILL.
The Board recei ved from David Hill s, Englewoo d's Water Atto rn ey , a wat er ri ght s upd ate
dated September 4, 2009. Stu dis cussed deve lopm ent s in wat er litigati on case s in which
Englewood is in vo lved .
6. BIKE PATH ALONG CITY DIT CH RIGHT -OF-WAY ALONG LEE GULCH .
Stu notified th e Board that Char li e Bl os ton, City of Littleton Direc tor of Publi c Works ,
will be app ea rin g al th e nex t Englewood Wat er and Sewer Board meeting to di sc uss a
prop osed bike path along th e Cit y Dit ch ri ght-of-w ay from Lee Gulch to South Belleview.
The City of Little ton is coordinatin g the project with Sou th Suburban Parks and
Rec reati on.
7. TOUR OF THE LITTL ETON /ENGLE WOOD WAS TE WATER TREATME NT
PLA NT.
Denni s Stowe and Jim Tallent were present to co ndu ct a tour for the Water Board of the
Littl e1on /Englc woo d Was tewa ter Treatment Pl ant.
The meeting adjourned at 5:3 4 p.m.
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The ne~t Eng lewood Water and Sewer Boar~ meeting will be held Tuesda y. J\ovembcr
I 0. 2009 at 5:0 0 p.m. in the Comm unit y Development Co nicrcncc Roo n, at city Hall.
Respectfu ll y sub mitted.
i s Cat hy Burra ge
Reco rding Secretary