HomeMy WebLinkAbout2005 Resolution No. 005•
•
•
RESOLUTI ON NO. 2_
SERIES OF 200 5
Ej.fi1JJ1T-# 1, .,l.OO'a
A RESOLUTION CON CERNING THE PARTI CIPATIO N BY TH E CITY OF ENGLEWOOD ,
CO LORADO IN THE SOUTH PLATTE PROTECTION PROGRAM .
WHEREAS , th e Un it ed State s Fores t Service ("US FS ") has studi ed poni ons of th e Sou th
Platt ~ Rive r and it s Nort h Fork for des ignat ion und er the Federal Wild and Scenic Ri vers Ac t
("Ac t"), and issued a Record of Deci sion ("ROD") in July , 2004 ; and
WH EREAS, numerous governmental entitie s have developed and prese nt ed to USFS an
alt ern ative to Wild and Scenic des ignation knows as th e South Platte Protection Pl an ("Plan");
and
WHEREAS, th e goal of the Plan is to protect and enhance th e reso urce va lue s of the area at
the local leve l without Federal de signation , whil e pre serving the criti cal role of the river in wa ter
suppl y and maintaining suffi ci ent flexibility in managem ent of the ri ver to accommoda1e change s
over tim e; and
WHEREAS, the City of Englewood has dete rmined th at its intere sts and th ose of it s water
customers are best served by implementation of the Plan rather than Wild and Scenic Ri ve r
designation by the USFS ; and
WHEREAS , th e funding amount required for panicipation in the Plan is generally based on
the number of water customers serve d; and
WHEREAS, Englewood's proponionate share of funding to impl emen t the Plan will be eight
thousand dollars (S8,000) per yea r over the nex t three years; and
WHEREAS , the Englewood Water and Sewer Board recom mended Englewood's pan icipa ti on in
th e South Platte Protection Plan in the amount of SR,000 per year ov er th e next three ye ars at
August I 0, 2004 meeting ;
NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNC IL OF THE CIT Y OF
ENGLEWOOD , COLORADO , THAT :
.Section I. The City Counci l of the City of Englewood, Co lorado hereby auth orizes suppo rt of
the South Plane Protec ti on Pl an and contributions th ereto of eight thou sand dollars ($8 ,000) per
year over the next three years , subjec t lo annual appropriations, upon the issuance of a Unit ed
States Forest Service Record of Deci sion tha1 adop ts the South Platte Protec ti on Plan alternative .
ADOPTED ANO APPROVED thi s 18th day of January, 2005.
•
•
•
•
•
COUNCIL COMMUNICATION
Date:
January 18, 2005 I
Agenda Item: I Subject :
1 1 c i Sou th Pla lle Pro tec ti o n Plan
Initiated By:
Util ities D epartm ent I
Staff Source:
Stewa rt 1-1 . Fon da, Director of Util it ies
COUNCIL GOAL AND PREVIOUS COUNCIL ACT ION
Coun cil ap proved th e Sou th Plalle Wild and Scen ic River Review Pr oj ec t Pa rtici pati on Ag reemen t
o ri gin all y at th eir March 4, 1996 meeting.
RECOMMENDED ACTION
The Wa ter and Sewe r Bo ard recom m ended Council ap prova l at their August 10, 2004 mee tin g for
City of Engl ewood's participation in th e Sout h Pla u e Protect ion Plan.
BACKGROUND, Al~ALYS IS, AND ALTERNATIVES IDENTIFIED
The origin al Sou th Pia lie W il d and Scenic River Rev iew projec t in vo lve d a coll abo rati ve effort in
providi ng comme nt s to th e For es t Se rvice and any oth er decis ion mak in g agency regarding our
coll ec ti ve conce rn s rega rdin g the ab ili ty to protect th e wa ter supply an d releva nt fun ctions of th e
North Fork and main stream of the So uth Pl alle Ri ve r.
A Record o f :Jecis io n was reac hed in Ju ly, 2004 and nu maro us stak eholde rs developed an
alt erna tive t o th e Wild an d Scenic de sig nati on now known as th e So u :h Pl alle Pro tec ti on Plan . Th e
goa l of th e Plan is to protect and enhanc e the resou rces of th e area at th e loca l leve l w ith ou t
federa l designati on, w hil e preserving th e role of th e ri ve r in water supply and maintai nin g suffic ient
fl ex ibility in river mana ge ment to accommoda te changes ove r ti me. Due to the plan bein g
vo lu mi nous, it is not attach ed; however a copy is avai lab le in tin. City Cle rk 's office .
FINANCIAL IMPACT
A prin cipal elem ent of th e So uth Pia lie Plan is th e parti cipa ti on of wa ter suppli ers and loc al
govern ment s par ti ci pat e in an "~nd mvrne nl Fund " to be us ed to protec t th e ri ve r va lu es whi ch th e
Fo res t Serv ice so ugh t to saf Pg uard th ro ugh th e Federal "Wild and Scenic Ri vers" Ac t. Englewood's
proporti onate share as a membe r of th e Boa rd w ill be $8,000 a yea r fo r eac h of th e co ming three
years. The amo unt eac h participant is be in g ask ed tu pay is tied to lhe numb er or customers
serv iced by the wa ter utili ty.
LIST OF ATTACHMENTS
Water and Sewe r Boa rd M inutes o f August 10, 2004.
Le tt er dated Jul y 13, 2004 from th e D enve r Water Board .
Resol ution.
•
•
WATER AND SEWER BOARD
MlNUTES
August I 0, 2004
The meeting was called to order at 5 :05 p.m .
Members present: Clark, Moore, Otis, Bums , Bradshaw,
Habenicht
Members absent:
Also present:
Higday, Cassidy, Garrett
Stewart Fonda, Director of Utilities
John Bock, Administration Supv .
Bill ~lcCormick, Operations Supt.
Don Coatman, Water Prod . Supv .
I. MINUTES OF 11iE JULY 13, 2004 MEETING.
The Englewood Water and Sewer Board appro ved the minutes from the July 13, 2004
meeting.
Mr. Otis moved ;
Mr. Habenicht seconded :
Ayes:
Phone Vote :
Nays:
Members absent:
Ab stain :
Motion carried.
To approve th e ru inuies from the July 13,
2004 Englewood Water and Sewer Board
Meeting.
Clark, Moore, Otis, Habenicht
Higday
No ne
Cas sidy, Garrett
Burns , Bradshaw
2. SUPPIBv!ENT AL SEVIER BILLS.
John Bock appeared to discuss the June and July outside Ci~/, annual ,·.•er bi;'s that
were calculated using the 2003 per I 000-gallon sewer rate instead o ':h~ 2004 ra!e. Of
the 8,000 accounts billed, most were charged the correct minimum rate . Approximately
1,500 accounts whose usage went aLove the minimum were acru:tlly affected . A
supplemental billing wi.s se.it out July 22, 2004 to collect the difference.
3. KENT COUNTRY DAY SCHOOL.
The Ut'.lities Department discovered that Kent Country Day School has not been billed
for sanimry sewage treaanent service since 1993. Tne school was being billed on the
basis of a l .5 " water meter, and Englewood was notified in 1993 that the meter was to be
abandoned . A letter was sent apprD'ling the abandonmeni provided Englewood was
notified of any new service connections. Since 199: there have been l O new connections
without Englewood being notified. John Bock and Stu Fonda met with representatives
from Kent Schoo l and are waiting for a reply from their board of directors .
John Moore inquired about the state allowance for late fees and penalties that could be
imposed.
4. LETTER FROM DAVID HllL R.EGARDNG JL:'IE , 2004 BILLING.
The Board received a letter from David Hill dated Julv 11 . 2004 discussing the higher
than usual bill. IVlr. Hill explained that the number of cases have soared due to new rules
requirin g adequate augmentation of wells on the Lower South Platte River, resulting in a
large number of well augmentation filings . Stu discussed the irnponance of having
Englewoo i's water rights guarded against calls .
5. DENVER WATER-Wil.D AND SC ENIC PROGRAM , NOW THE SOUTH
PLATTE PROTECTION PL.A...'./.
A letter was recei ved from the Denver Board of Water Commissioners noting that the
Forest Service decided not to move forward with a "Wild and Scenic" designation which
•
•
would subject the South Platte River to stringent federal regulation, to the detriment of •
Denver area water suppliers.
• ~ its place is a proposed "South Plane Protection Plan" in which water suppliers and
local government must come up with an endowment fund that will be used to protect the
river. The amount for each participant is related to the number of cw.1~mr.s serviced by
the water utility. Englewood's proportionate amount wouid be SS ,000 a year for each of
the coming three year.;.
Mr. Bwns moved;
Mr. Habenicht seconded :
Ayes:
Nays:
Members Absent :
To recommend Council approval for
Englewood's participation in the South
Plane Protection Plan Endc,wment Fund in
the amount of 58,000 a Y= for the next
three years.
Clark, Moore, Otis , Bwns, Bradshaw,
Habenicht
None
Higday, Cassidy, Garm:
• Motion carried.
•
6. COPS STORMW ATER MANAGE.i"1ENT PROGRA.t\,I .
The Board received a .1c tice from the State of Colorado accepting the City's submittal of
the CDPS Stormwater Management Permit #COR-090056. Additional recommendations
were made regarding public education and a post-construction tracking system.
7. ARTICLES -ROCKY MOUNTAIN -''TAPPING INTO WATER COSTS ."
DENVER POST-''DENVER WATER IS H20-RJCH, REVENUE POOR."
The Board received twu new spaper articles discussing pending rate hikes for Denver
water customers -''Tap!>ing into water costs ," dated Julyl5, 2004 from Rocky Mountain
News and "Deuver Water is H2O-rich .
8. SEPTEMB ER 2004 YiEETING
The September Water Board meeting has been moved to September 8, 2004 in the Public
Works Conference Room.
9. 31 METRO iVU YORS CA UCUS.
Stu dis cuss ed his approval 1f a :Vkmorandum of Understanding from the Metro Mayors
Caucus Committee. The Memorandum outlines an understanding among regional elected
leaders of the importance of wa1~r to all aspects of life and commerce :ind the intent of
the signers to strive to erthance the stewardship of water resources.
10 . SE\V':RDISCHARGE VIO LATIONS .
The Boar '. received a memo dated August 9, 2004 from '),(arv Gardne ~ of:he
Littleton/E ng lewood Wastewater Treatment Plant regarding ilie London Motel. The
motel was sold and th e new owner was no t informed of the state requirements for the
owner to remove and replace th• soil at th e site of the 2003 raw sewage spill and also
replace the lift station . The matter is being discussed with Englewood's Assistant City
Attorne y.
The Board also received a memo fr om Al Garcia, Industrial Pretrea tment Administrator at
the Littletorv'Englewood Was :ewater Treatment Plant regarding ;\llile High Powder
Coating 's violation. En glewood Fire Resc ue responded to a call on August 2, 2004 and
found a hose in tbe storm drain coming fro m i'vlile High Powder Coatings . It was
connected to a large plastic tank . There was a strong , propane-like odor coming from the
wat er being discharged into the storm sewer. Noncompliance determin ations and
rec ommended enforcement actio ns wi ll be determined after information is gathered and
assessed .
11. Vl l.NERABllITY ASSESSMENT -APPENDIX F.
Bill :VlcCormick and Don Coannan discussed the Appendix F of the Vulnerability
Assessment. Concerns noted by the State in the report were discussed an d, in mo st cases,
already implemented.
•
•
•
•
12 . WATERREVENUES .
Stu and the Board reviewed the Utilities budget, staffing levels, water rate comparisons
and proposed capital projects . Current rainfall levels and how the resulting treated
gallons used are affe,;ting revenues were evaluated. Stu analyzed various cash flow
models with the Board along with upcoming capitol projects, increasing maintenance
cos ts and decreasing water revenues. Water rate increases were discussed. Stu will meet
with the City 's bond advisors and will present additional options at the September Water
Board meeting.
: me eting adjourned at 6:48 p.m.
,ne next Water and Sewer Board meeting will be Wednesday, September 8, 2004 at 5:00
p.m . in the Public Works Conference Room .
• Res pectfull y submitted,
•
Cathy Burra ge
Rec ording Secretary
•
•
Denver Board· of Water Cummissioners
July 13 , 2004
Mr. Stu Fonda
Danial E. Mus.. Piaicant
Ridwl:IA.KJrk.1n Vie!Presid'ent
WiJJQffl R. Robms
Offlilc S. Macs
Andm¥D.WaU.cll
Director oiUtilities
City of Englewood
3400 S. Elati Street
Englewood, CO . 80 I I 0
Dear Stu:
HamJtt J. latrJ, Ill, ,\o\lnlpr
~
Watl:!lhA.....,
, Colorado 10204-Hl!
8-6000
,ax l-62M509
hJ arar.c!anver.co.p
wwf,,Ae"""""'"'•Ofi
As I mentioned over the phone, a number of metro area water utilities b ·:e wor~ed for
the past seven years to find an alternative to the U .S. Forest Servic: designating the
Upper South .'.'latte River as "wild and scenic". As ypu know, were the Forest Stec to
place such a designation on the South P.latte, the r'i,;er would be subj ect to very · gent
federal regulation, to the detriment of Denv er area water suppliers who depend the ·
river .
A few weeks ago, the Forest Service in a.final "Record of Decision" decided it ,touJd not
m ove forward with a "wild and scenic" des ignation. Instead, it endorsed. a "Soujh Platte .
Protection Plan" on which local governments, municipal water supplicn and
environmental groups have worked for several years . However, one of the prin'lpal
elements of that South Platte Plan is that water suppliers and local governments rust
come up with an "Endowment Fund" that will be used to protect the river value~which
the Forest Service sought to safegu.ard through the federal "Wild and Scenic Rivr3" Act.
The Endowment Fund is to total $1 million, which is to be created within three i,:ars
starting at the end of 2004 . Local governments have pledged l/3 of the total for l,ach of
the coming three years.
Toe amount each par:icipant is being asked to pay is tie d generally to the number of
cUstomers served by the water utility. For example, De!lver Water has pledged ~00,000
toward the total (5200,000 a year for each of three years ), while Aurora has comlnitted
$67,000 a year for each of the !lext three years. ~
You indicated that you would be willing to approach the Englewo od City Co uncµ for an
amount proportionate to that of other parties, or 58,000 a year for each of the co~g
thre: years. The participm ts in the South Plane Protection Plan would truly weliome
such a contribution so that the City of Englewood could be counted as a partner this
important eff~rt . The Forest Service has als o asked for a Council resolution of s ~port
fr om each entity to ensure itself of the :,road-based nature of the South Platte co non.
CONSERVF.
Mr. F011da, p. 2
Stu, thank you for being so concemcd and supportive on behalf of the city. ~ 4lways ,
we welcome your p&.nicipation.
~
~omcy
Director of Plauning
DenverWak.r
EEP:vp
•
•