HomeMy WebLinkAbout2010-05-18 WSB MINUTES•
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WATER AND SEWER BOARD
t "MINUTES
May 18 , 2010
The meeting was called to order at 5:04 p .m.
Members present:
Woodward,
Members absent:
Also present:
Burns, Clark, Olson, Cassidy, Wiggins ,
Woodward, McCaslin, Habenicht
Higday
Stewart Fonda, Director of Utilities
John Bock, Manager of Admin. -Utilities
1. MINUTES OF THE APRIL 13, 2010 MEETING.
The Englewood Water and Sewer Board received the minutes of the April 13, 2010
meeting.
Mr. Woodward moved;
Mr. Habenicht seconded :
Ayes:
Nays :
Members absent:
Abstain:
Motion carried .
To approve the minutes of the April
13, 2010 meeting as written.
Clark, Olson, Cassidy, Wiggins,
Woodward, McCaslin, Habenicht
None
Higday
Burns
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2. 3120 & 3126 S. LINCOLN ST.
Mr. John Bock, Utilities :Mtanager appeared to discuss 3120 and 3126 S. Lincoln St.,
which are two houses on one parcel that were sold to TCS Homes on August 10, 2009.
They were divided and sold separately-3126 S. Lincoln to David Quinlivan on October
30, 2009 and 3120 S. Lincoln to Benjamin Barnett on February 19, 2010. The existing
water service line goes to 3120 and branches off to 3126 S. Lincoln. Both properties
have separate sewer lines.
According to the Englewood Municipal Code 12-lB-7, more than one premises to a
service connection is prohibited. The Utilities Department became aware of the situation
when notified of the sale . TCS Homes was notified on August 12, 2009 that 3120 must
go on meter within 90 days after close. So far, the property has not been metered.
Both current owners received certified letters notifying them that separate water services
and meters must be installed within 30 days . The owners were given an option to apply
to the Water and Sewer Board for a variance to the Municipal Code to keep the water
service as it exists, but neither party has come forward
John noted that options are being researched and will update the Board at a future
meeting .
3. HOOGENDYKE-4841 S. PENNSYLVANIA ST.
Mr. John Bock updated the Board on the Hoogendyke litigation between Palace
Construction and Mrs. Hoogendyke at 4841 S. Pennsylvania St. There was a sewer
backup on August 20, 2008 that was caused by a blockage in the main. Englewood had
given Palace Construction a letter of pre-authorized cleanup services that Englewood
would cover. During the cleanup, Mrs. Hoogendyke unknowingly authorized additional
cleanup. Palace Construction performed repairs beyond what Englewood had authorized.
Mr. Hoogendyke believes that the charges from Palace Construction were excessive.
City of Englewood Utilities staff provided support in small claims court where Palace
Construction sued the Hoogendykes for the additional amount. Palace Construction and
Mrs. Hoogendyke subsequently named Englewood a defendant in the case.
The Board received copies of letters from Gillian Fahlsing, of Senter Goldfarb and Rice ,
attorney representing Englewood's interests. The first letter noted that the parties had to
provide written notice of their claim within 180 days , which was not done. ·Additionally,
it was noted that if they proceed with serving the City of Englewood as a third-party
defendant , a motion will be filed to dismiss for lack of subject matter. Another letter
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addresses Palace's claim of unjust enrichment. A proposal for Englewood settling the
issue for $2 ,000 was discussed. Stu noted that Englewood is covered under the
Governmental Immunities Act, and if Palace proceeds, recommends seeking restitution
for attorney's fees.
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The Board recommended not settling because of the arguments set forth by Gillian
Fahlsing regarding the 180 day limit and the Government Immunities Act.
4. ACEC Engineering Award.
Brown and Caldwell received the 2010 ACEC Engineering Grand Award for
environmental engineering for its $114 million expansion and upgrade of the Littleton-
Englewood Wastewater Treatment Plant. McCaslin recommended a formal presentation
to Council. Woodward recommended the trophy reside at City Hall for a month before
going on permanent display at the Bi-City Plant.
5. WATER RIGHTS UPDATE FROM DAVID HILL DATED APRIL 8, 2010.
The Board received from David Hill, Englewood's Water Attorney, a water rights update
dated April 8, 2010. Stu noted developments in water litigation cases in which
Englewood is involved.
6. ARTICLE, "STERLING RANCH SETS AMBITIOUS PLANS FOR FUTURE
DEVELOPMENT. "
Stu discussed an article that appeared in the Denver Business Journal on April 30, 2010
that discusses Sterling Ranch, a 3,500 acre development in Douglas County. In order for
Sterling Ranch to have adequate water, they approached the City of Littleton about
annexing to Littleton, enabling the development to receive Denver water. Littleton City
Council denied the request.
7. CITY DITCH -HURON & OXFORD.
The Board requested that a letter be sent to the homeowner' s group that appeared before
the Board regarding piping the City Ditch at Oxford and Huron. The letter will state that,
per the Englew ood Municipal Code 2-3, any appeal would have to be made to the District
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The meeting adjourned at j:35 p.m.
The next meeting will be Wednesday, July7, 2010.
Respectfully submitted,
Isl Cathy Burrage
Recording Secretary