HomeMy WebLinkAbout2008 Ordinance No. 038"-
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BY AUT HORITY
ORDINANCE No .63'
SE RI ES OF 2008 --
OUNC fL BILL 0 . 22
INTRODUCEO BY COUNC IL
MEMBER MOORE
A ORDINAN CE AMENDING TITLE 12, CHAPTE R 2. SECT ION 4, SUBSECT ION B, OF
THE ENGLEWOOD MUN ICIPAL CODE 2000, ENTITLED "PRIVATE SEWERS,
CONNECT IONS AND REI-AIRS'',
WHEREAS, when a house is demoli shed , with plan s 10 rebuild a new house, management of
sewer servi ces has been an iss ue : and
WHEREAS , sewer service lines can be lost or damaged during a demoli tion without a correct cut-
off; and
WHEREAS, the l)assage of this Ordinance will require an inspection of sewer service lines at
demolition 10 prevent such problems; and
WHEREAS , the Englewood Water and Sewer Board recommended approval of thi s amendment at
it s June I 0, 2008 meeting ;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLO RADO, AS FOLLOWS :
Section I . The City Council of the City of Englewood, Co lorado hereb y authorizes amending
Tit le 12 , Chapter 2, Section 4, Subsection 13, of the Englewood Municipal Code 2000 entitled
"Private Sewers , Connections and Repairs '' to read as fo ll ows:
12-2-4: Prh·ate Sewers, Co nnections aud Repairs.
& 0.1,1 P.,·i , B.•e S, e s. ~-m•i be •s•d in ee•neelie• "'ill! Pe ~•ildiags
01,li Ren 1l!ey ••• fe ••d 10 meel ell FOq•i••meAIS lmeiu ead sole ly el II e ,isl, ef1he •s••:
e1Rer ioe, e!d pFi••ele reurers shall he 13lugged et the wser 's enpense upon Eliseentinueeee
efsop ·iee. The ~l•g in 11,e a id pFi ale se ""'RUISI•• iflspoe1ad enEI epp ••"•d and a plee
FO io • and iespoe1ieA re. wiH ee--ehe,ged ey !ho Ci1y .
a Old Private Sewerx Uoon demolition of an exist ins strn cture or reula ce ment of sewe r
lines the use ofexistins or a&ins cast iron clox tile or concrete sewer se rvice nin es will
not be nennitted hy th e Citx at new buildings The old sewer seaice must be reola ced
from the building to the main with anorovcd oioe Owner/occunauts ofnrooerti cs who
~ reu lace a buiJdins with th e iment to occunx it themsel ves mav see k n variance
from the Water and Sewer Board if th e exis t ins nine is found bv Uti lit ies Deoartmcm
insnectors to be in sound co ndition Utilities Pennrtment insnectors mav rsrnire all
~rsts,10 concJus ive lv establish th e condition of th e existing sewer sroiice Pioe
Abandoned nrivat e sewers shall he nluvsed at the sewer main nod Pt the user1s cxncmc
11000 discontinuance of seo'ic£ The nlus of the old odvnte sewer mu s' be insn ected and
arorovc.d bv the Citv f\ olan review and insnectiml..fue will be charn ed bv ~
Exist ins sewer sa ddles or wve cormec1ions rnav be used for new sewer seO'ices ifno~
hv Uti lities Penaoment insoecto rs lfan abandon ed sewer scO'ice i&-Do t Plugg ed at the
9 bi
nmin..within 10 , · :;ierfunnJhc.d1sconn ec11 on an(Ul)Jlv chorn e.Jimc alld
materials ovainsr the nroncov either thmush the next re L'Y illLu~n em wat er bW or bv lien
Jlmided iu i'-JD -' EMC
Sect ion 2. Safety Clauses . Th e Ci ty Cou ncil hereby find s, determines, and dec lares that thi s
Ordina nce is promulgated under the genera l police power of th e City of Engle .vood, that it is
promulgated for the health, safety , and welfare of the publi c, and that thi s Ordina nce is necessary
for th e preservation of health and safety and for the protection of public co 11 veniencc and
we lfa re. The City Council further de tcnnine s that the Ordi nance bears a rational relation to the
proper legislative object sought to be ob tai ned .
Section 3. Scverability . If any clause , sentence, µaragraph, or part of thi s Ordi nan ce or the
application thereof to any person or circumstan ces sha ll for any reason be adj ud ged by a cou rt of
competen l jurisdiction inva lid, such judgment sh1. U no! affect , impair or invalidate the remainder
of this Ordinance or its applica ti on to other perso ns or circwnsta nces .
Section 4. Inco nsis ten1 Ordi nances . AJI other Ordinances or ponions thereof in cons istent or
co nflicting with thi s Ordinance or any portio n hereof are hereby repealed to the extent of such
inconsistency or conflict .
Section 5. Effect of repeal or mod ifi ca ti on. The repeal or modifi catio n of any provision of
the Code of th e Cit y of Englewood by th is Ordin ance sha ll not release , extinguish , alter , modify,
or change in whole or in part any penalty, forfeiture, or liability, ei ther civi l or criminal, which
sha ll have been incurred under such provision, and each provis ion shall be treated and held as
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still remaining in force for the purposes of susta ining any and all proper actio ns, suit s, •
proceedings . ar;d prosecution s for the enforcem ent of the penalty , forfeiture, or liabilit y, as well
as frr the purpose of sustai nin g any judgmen t, decree, or order which cnn or may be rendered,
entered , or made in such ac tions, suits, proceedings, or pro secutions.
Section 6. Penalt y. The Pcnulty Provisi on of Section 1-4-1 EMC sha ll app ly to each and
ev ery violation of thi s Ordimmcc.
Introduced, read in fu ll , and passed on first reading on the 21st day of July, 2008.
Pub li shed as a Bill for a 1 Ordi nance in th e City's official newspaper on the 25" day of Jul y, 2008 .
Published as a Bill for an Ordinance on the Ci ty's official website beginning on the 23 r< lay of
Jul y, 2008 fo r thirt y (30) da ys .
Read by titl e and passed on final reading .1 the 4th da y of August , 2008 .
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• Publi shed by title in the Cit y's orficial newspaper as O rdinance No .df , Seri es of200 , on
th e 8th day of August, 2008 .
l, Lo ucrishia A. Ellis, City Clerk of th e C it y of Englewood, Colorado, hereby cc"ify that the
above and fo regoing is,j,!JU• copy of the Ordinance passed on final ding and publish ed by
title as Ordinance No .~, Series of 2008 .
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COU CI L COMMUNICAT ION
Date : Agenda It em: Subjec t:
Jul y 2 1, 2008 9 a i Ordinance Changes fo r th e~-,er portion of th e
City Code
Initi ated By:
U til ities Depa rt me nt
I Staff Source:
Stewart H . Fonda, Direc tor of Utilities
COUNC IL GOAL AND PREVIOUS COUNCIL ACTION
N one.
RECOMMENDED ACTION
Th e Water and Sewer Boa rd, at th eir Jun e 10, 2008 m eetin g, recommended Counci l approve an
Ordinance am ending Titl e 12, Chapter 2, Section 4, of th e En glewood Municipal Code 2000
amending th e Sewer Utility section .
BACKGROUND, ANA LYSIS, AND ALTERNATIVES IDENTIFIED
When a hous e is demoli shed w ith plans to rebuild a new house, mana gem ent of sewer se rvices has
b ee n an iss ue. Sewer services ca n be lost du ring a dem oli ti on w ith ou t a correct cut-off. Th e Utilities
Departm ent is att empt ing to manage and co ntrol wha t is happ enin g to th ese serv ices at demoliti on.
See att ached propose d M un icipa l Code 12-2 -4: Pri va te Sewers, Co nr wcti ons and Repairs.
FINANCIAL IMPACT
N one.
UST OF ATTACHMENTS
Minutes fr om th e Jun e I 0, 2008 Wa ter and Sewer Boa rd Meeting
Re sults of th e Jul y 7, 2008 Water and Sew r Board Pho ne Vote
Proposed Bill fo r an O ,,J in ance
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\V ATER AND SEWER BOARD
MINUTES
June I 0, 2008
The meeting was ca ll ed to order at 5:04 p.m .
Members present : Higday, Cassidy, Wiggins, Oakley,
Habenicht
Memb ers absent:
Also present:
Bums, Clark, Moore, Woodward
Stewart Fonda, Director of Utilities
I. MINUTES OF THE MAY 13, 2008 MEETlNG .
The Englewood Water and Sewer Board approved the minutes of the meeting of May 13 ,
2008.
Mr. Wiggins moved ;
Mr. Habenicht seconded:
Ayes:
Nays:
Members absent :
Motion carried.
To approve the mi ,mtes from the May 13 ,
2008 meeting .
Higday, Cassidy, Wiggins , Oakley,
Habenicht
None
Bum s, Clark , Moore, Woodward
Mr. Moore and Mr. Woodward entered al 5:08 p.m .
2. GUEST : CHRIS HOAGLAND -304 1 S. FRANKLIN ST .
Chri s Hoagland , a member of th e Keep Englewood Beautiful Co mmille e, appeared before
the Board to discu ss disposal of ex pired presc ription drugs and pharmaceutic als in the
raw water supply . Mr. Hoagland interviewed local ph armacies and no ted that th ey will
accep t ex pired prescription drugs for disposal, with the exception of the local Kaiser
pharmacy, which recommended flushing expired medicines.
Mr . Cassidy recommended pharmacies place a notice on prescription bollles regarding
proper disposal procedures of expired med ic ines . Mr . Higday discussed the basic
chemistry of pharmaceutical products .
Mr . Hoagland discussed the Keep Englewood Beau ti ful Commiuee promoting proper
disposal. Stu recommended that they work with Dennis Stowe or Pam Arnold at the
Pretreatment Division al the Littleton/Englewood Wastewater Treatment Plant. Stu also
noted that the majority of the Littleton/Englewood Wastewater Treatment Plant collection
service area is not located within the boundaries of the City of Englewood, but is under
the City of Littleton jurisdiction.
Gray Clark entered at 5: IO p.m.
~-SOUTH PLATTE RIVER PROGRAM -ENDANGERED SPECIES .
Water Board member Robert Cassidy distributed a handout, "Opposition to the continued
membership in the SPWRAP Organization." The handout outlines his concerns
regarding the goals, benefits and funding associat:d with the program . Mr . Cassidy
wanted to point out the part of the agreement that states, "This compliance is needed for
water providers to meet the water supply needs of the urban , agricultura l and industrial
sectors of this rapidly changing and growing part of the state."
The Board received additional information that was requested at the May 2008 meetin g
regarding how assessments are determined and memb ership. Stu discussed political
advantages of the City belonging to the program, includin g 404 permits that may be
required for future projects or emergency rep airs. This is the seco nd year of an ongoing
13-year program and will enable the City Manager, or his designee, to re new and pay for
this program in three, one-year increments. The 2008 assessed amount is $27 ,275.04.
Mr. Higday moved;
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Mr Clark seco nded :
Ayes:
Nays :
Abstain:
Memb ers absent:
Motion carried.
To recom me nd Co un cil approval of
Englewoo d's pani ci pation in the Sou th
Platte Water Related Ac tiv iti es Program and
payment of th e 2008 Assess men t of
$27,275.04.
Clark , Moore, Hi gday, Wiggins, Woodward,
Oakley, Hab eni cht
None
Cassidy
Bum s
4. ORDINANCE CHANG .., FOR SEWER CONNECTION & REPATRS.
When a residence is demolished , with plans to reb uild a new hou se, management of
sewer services ha s been an is sue . Sewer services can be lost during a demolition without
correct cut-off procedures in place . The proposed Municipal Code #12-2-4 changes
would manage and contro l what is happening to these services at demolition . Th e City
Attorney has reviewed and approved the language and 0 hanges to th e Code .
Mr . Oak ley moved;
Mr . Clark seco nded :
Ayes:
Nays:
Memb ers abse nt :
Motion carried .
To recommend Council approval of an
Ordin ance amending Title 12, Chapter 2,
Section 4 of th e Englewood Municipal Code
1985, am endi ng th e Sew er Utility section.
Clarx, Moore, Higda y, Cassidy, Wiggins,
Woodward , Oakley, Hab eni cht
None
Bum s
5. WATE R PJ GHTS UP DATE FRO M DAVID HfLL DAT ED MAY 16, 2008
Th e Board rece ived from Dav id Hill , Engl ewo od's Wa ter All omey, a water ri ghts upd ate
dated May 7, 2008 and a memo dated May 16, 200 8. Stu di sc ussed deve lopm ent s in
wa ter liti gati on cases in whi ch Englewoo d is invo lved.
6. SOUTHGAT E SUPPLEMENT # 163.
A request was made by th e Southgate Sanit ation Di stri ct representing the owner, CAW
Equities , LLC for inclusion of Supplement # 163 consisting of a parcel totaling 2 . 7 acres
into the Southgate Sanitation Distri ct. This is in conjun ction with a renovation of a
residence and the owners arc requesting inclusion into th e district for residential use . The
property is currentl y zoned Residential and no changes in zoning use are anticipated . The
property is located between Co lorado Blvd . and Steele St., north of Orchard Rd . in
Greenwood Village at 3800 E. Long Road.
Mr . Moore mov ed;
Mr . Woodward seconded :
Ayes :
Nays :
Members ab sent :
Mallon carried .
To recommend Council approval of
Southgate Supplement # 163 to CAW
Equities for inclusion of 2. 7 acres into the
Southgate Sanitation District.
Clark, Moore , Higday, Cassidy, Wiggins ,
Woodward , Oakley, Habenicht
None
Bums
7. RELEAS E OF INTEREST TO MAJNTAIN A SEWER LINE AT RIVERPOINT
IN SHERIDAN .
Weingarten Mill er Sheridan and the City of Sheridan have requested that Eng lewood
release its int erest in the right to in stall and maintain a sewer line under Lot I, Block 6,
Riverpoint at Sheridan Filing No . 2. According to Tom Brennan , Utilities Engineer, the
sewer lin e was removed during construction of the Riverpoint Project in Sheridan .
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The Cit y All omey's oftic e has reviewed and approved th e requ es t and notes that thi s was
not an case ment , but a righ t or igin ali y granted by reso luti on. Wei ngart en Mille r Sheridan
is maki ng th e reque st because th e or iginal reso lution app ears on th e pl at as a titl e
excep ti on , and due to th e lin e no longe r existing, shoul d be rem oved fr om th e titl e.
Mr. Moo re moved;
Mr. Woo dward seco nd ed:
Ayes :
Nays:
Memb ers absent:
Motion ca rri ed .
To reco mm end Co un cil approval of th e
release of interest granting pem1ission 10
in stall and conn ect a sewer main in
Englewood throu gh the Cit y of Sheridan.
Clark, Moore, Higd ay, Cass idy, Wig gin s,
Woodward , Oakley, Habenicht
None
Burns
8. MS . ROSANN E JUERGENS -6632 S. SHERM.AN ST . REQUEST TO
CHANGE SEWER BILL SCHEDULE.
The Board receiv ed a copy of th e letter sent to Ms . Rosanne Juergens at 6632 S. Sherman
St. regarding a request to change sewer bills from annu al to quarterly bill ing. Th e lett er
stated that changing to a quarterly billing schedule would prohibitively increa se billin g
cos ts. Th e City of Englewood ha s consistently advised customers of the acceptability of
mak ing payments over two, thr ee or fou r months . Language will be inserted in future
annual bills stating that ifa customer anticipated diffi culty in paying the bill, to call and
make payment arrangements.
9. PH ARMACEUT ICALS IN SOURCE AND FINISHED WATER RESULTS .
The Bo ard rece ived a memora ndum from Chri ~ Schultz of CDM dated Jun e I 2008
regarding the CDM 's sam plin g of pharmaceutic als ~nd personal care product s (P PCP s) at
th e Allen Water Treatment Plant. In March, 2008 a series of reports was rel ea sed in the
press regarding minute conce ntrations of pharm aceutical compounds found in drinking
water supplies . To date, scientists have found no evidence of adverse health effects fr om
the compounds in Jrinking water.
CD M's report sh owe d that compound s in fin ished wati-•, exce pt aceta minoph ens, were
lower th an so ur ce wa ter, demons trating that the Allen Wa ter Treatm en t Pl an t was
effec tiv e in remo ving so me of th ese co mpounds. Th e filterin g pro cess using granul ar
ac tiv ated ca rbon (GAC) was foun d to be high ly effec tive for removal of PF CPs in
Englewoo d's water.
IO . SUPPLEMENT FOR CHER RY HILLS VILLAGE SAN . DIS TRICT
INCLUSION FOR 4595 S. VINE WAY .
A request was made by the City of Cherry Hill s Village Sanitation District representing
tue owner, William an d Elizabeth Armstrong , for inclusion into the City of Cherry Hills
Village Sanitation District. This ap plication is for the south½ of Block 21 , east ½ of
vacated High Stre et adjacent , Cherry Garden s, Arapahoe County . The lot has R-1
Residenti al Zoning with no proposed change on 2.3 acres . The property is loc ated at
4595 S. Vine Way.
Mr. Higday mo ved;
Mr. Cassidy seconded:
Ayes :
Nays:
Members absent:
Motion carried .
To recommend Council approval of a Bill
for an Ordinance approvin g the Supplement
for inclusion into the Cherry Hills Vill age
Sanitation District for the owners, William
and Elizabeth Armstrong at 4595 S. Vine
Way .
Clark , Moore , Higday, Cassidy, Wiggi ns,
Woodward , Oakley, Hab enicht
None
Bnms
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• Th e Board adjo urned at 6:2 5 p.m.
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The nex t Eng lewood Water and Sewer Board wi ll be held Tuesday, July 8, 2008 at 5:00
p.m. in the Com mun ity Development Conference Room.
Respectfully sub mitted ,
Cathy Burra ge
Recordin g Secretary
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E GLEWOOD WATER & SEWER BOARD
PHONE VOTE
JULY 7, 2008
A phone vote was taken from the members of the Englewood Water and Sewer Board for the June I 0, 2008 minutes:
Mr. Wiggins moved ;
Mr. Clark seconded:
Ayes :
Nays :
Abstain :
Motion carrit.\'.I ,
To approve the minutes of the June I 0, 2008
Water and Sewer Board meeting as written.
Clark, Higday, Cassidy, Wiggins,
Woodward, Oakley, Habenicht, Moore
None
Bums
The next Water and Sewer Board meeting will be held at 5:00 p.m . on Tuesday, August
12, 2008 in the Community Development Conference Room .
Sincerely,
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Cathy Burrage
Recording Secretary