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HomeMy WebLinkAbout2010-07-07 WSB MINUTES• • • WATER AND SEWER BOARD MINUTES July 7, 2010 The meeting was called to order at 5 :07 p.m . Members present: Members absent: Also present: Bums, Clark, Higday, Cassidy, Wiggins, Habenicht Olson, McCaslin, Woodward Stewart Fonda, Director of Utilities Bill McCormick, Operations Supt., 1. MINUTES OF THE MAY 18 , 2010 MEETING. The Englewood Water and Sewer Board received the minutes of the May 18, 2010 meeting. Mr. Burns moved; Mr. Higday seconded: Ayes : Nays : Members absent: Motion carried . ' i . ~·. To approve the minutes of the May 18, 2010 meeting as written. Bums, Clark, Higday, Cassidy, Wiggins, Habenicht None Olson, McCaslin, Woodward , I • • • 2 . CITY DITCH -OXFORD & HURON . The following Englewood citizens appeared regarding piping the City Ditch at Oxford and Huron: Warren Nedry of 4150 S. Huron St., Norman Henry of 4140 S. Huron, David Prado of 780 W . Oxford Ave ., Chester Pack of 4125 S. Galapago St., Jim Burrage of 4301 S. Bannock St., Joyce Faires of 4237 S. Galapago St., Larry Faires of 4237 S. Galapago St., Shannon Faires of 4237 S. Galapago St. and Jim Golden of 4161 S . Galapago St. Mr. Henry spoke noting that a vote was taken at a previous meeting to pipe the City Ditch at Huron & Oxford because piping was the cheapest option. Mr. Henry stated that he talked to Arapahoe County Commissioner, Susan Beckman about an Open Space Grant. He requested that the City Ditch piping project be put on hold so state or federal money could be sought for alternative options to piping. Mr. Prado , Mr. Pack, Joyce Faires, Larry Faires, Shannon Faires, Jim Burrage and Jim Golden spoke for piping the City Ditch. The citizens discussed reasons for piping the ditch such as safety concerns, damage to downstream properties , burrowing animals that weaken the bank, rodents that are attracted to the water and water quality. A resident adjacent to the City Ditch noted that the site used to be a gravel pit. He discovered, during an excavation to replace his water service line that the bank and surrounding area is mainly sand, an unstable material for a bank of that grade. Mr. Fonda and Mr. McCormick noted that the road at Huron Street is being undermined and if not piped, could wash out. Mr. Prado , whose house is located below the City Ditch, discussed the existing danger of the ditch overflowing during a storm event and 6' of water could flood his house. Shannon Faires expressed her concern that this issue would drag on by going to City Council. Board Chairman Gray Clark noted that, as the residents were informed by letter, any appeal would have to go to District Court. Mr. Higday noted that it has been a long- term Utilities Department goal to eventually p ipe the entire City Ditch. .i '· Mr. Fonda said that the City would have to approve the area becoming an Open Space··: Project before anyone can apply for a grant, and that could restrict the City's use of the City Ditch. Applying and receiving funds for a project can take one to five years. After this section of Cjty Ditch is piped, the residents have the option of applying for a License Agreement to use the area as a common amenity-provided all adjacent owners agree. Chairman Clark reviewed the initial safety and flooding issues that prompted the need to pipe the ditch and did not feel that any new information or options were brought forth. The Board concurred and reiterated their original motion to pipe the City Ditch at Oxford at Huron. The Board also stated that any future appeals should be with the District Court . 'I • • • 3. GREG DYE -MWH -ENGINEERING SERVICES FOR WASTE IMPOUNDMENT REGS. Greg Dye, with MWH appeared to discuss the proposal for Engineering Services for the Allen Water Treatment Plant Section 9 Waste Impoundment Investigations and Reporting. The Allen Water Treatment Plant r emoves contaminants from water which are concentrated into residual wastes by dewatering and drying. Two impound areas are used to treat waste residuals -the South and North Reservoirs at the Allen Water Treatment Plant. The dried residuals are collected, stored and removed from the site. A preliminary review indicated a potential for seepage from the South Reservoir into the underlying groundwater. The new proposed Section 9 of the Colorado Department of Public Health & Environment solid waste regulations is directed at protecting groundwater supplies. Mr. Woodward entered at 5:50 p .m . The proposed engineering services would interpret the current Section 9 regulations as related to the Allan Water Treatment Plant, develop a strategy to get the North Reservoir classified as a Type A Impoundment (which would not be regulated), identify options for South Reservoir compliance, prepare an opinion of constructions costs and engineering and design an operation plan. MWH' s fee for the proposed Phase 1 engineering services is $49 ,562.85 . Greg Dye noted that promulgating of the rules has been delayed from September to November. Mr. Habenicht moved; Mr. Bums seconded: Ayes: Nays: Members absent: Motion carried . To recommend City Manager approval of the MWH Proposal for Engineering Services for Section 9 Waste Impoundment Investigations and Reporting. Burns , Clark, Higday, Cassidy, Wiggins, · Habenicht, Woodward None Olson, Mccaslin . ' 11 • • • On July 8, 2010 Mr. Fonda directed staff to delay proceeding with the study until November in the event that regulation requires changes before being finalized . 4. HOOGENDYK LITIGATION -4841 S. PENNSYLVANIA ST. The Board received correspondence from the City Attorney's office and Gillian Fahlsing, counsel retained to represent the City, regarding the Hoogendyk litigation. 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 . Hoogendyk authorized additional cleanup. Both parties involved are now going through the litigation process. Small Claims Court denied the motion to add Englewood as a party. Mr. Fonda noted that the next step for the Hoogendyks or Palace Construction would be to file a claim in District Court, which has yet to be filed. Ms. Fahlsing will be sending an update to the Board explaining the current status and options. 5 . GUEST: DA YID HILL -AGREEMENT WITH THE CITY OF AURORA REGARDING WATER DELIVERY OBLIGATIONS. Mr. Hill appeared before the Board to discuss the Intergovernmental Agreement Regarding Water Delivery Obligations between the City of Englewood and the City of Aurora. Mr. Hill explained that in the 1980's, the cities of Thornton and Westminster applied in Water Court for extra water to fill a big enlargement of Standley Lake. The extra diversions could have potentially harmed Englewood because it could have caused calls from downstream senior rights on the South Platte, and those calls would have shut down some of Englewood's senior diversions. On October 10 , 1990, a settlement agreement was made whereby the City of Thornton and Westminster would deliver raw water to Englewood at one or more of Englewood's points of diversion on the S. Platte River. The water to be delivered varied depending on amounts diverted to Standley Lake. Deliveries were to be a minimum of75 acre feet and a maximum of 375 acre feet. Deliveries averaged 238 acre feet per year and came from Thornton's South Park water rights. The settlement provided minimal water in drought years and maximum water in wet years. While it was a very valuable settlement, the lack of deliveries in drought years reduced the value . . '. • • • The delivered water was to be reusable as consumptive use water, which could be captured and reused to extinction. In 1998 Thornton applied in Water Court to provide the water in wet years from a 1998 right at Chatfield Reservoir. Under the application, Englewood was required to re-use the water in order to perfect Thornton's application, which was not practical. Englewood opposed the application, low key, for 11 years. During that time, Thornton did not advance the issue in Water Court. On November 21, 2003 Aurora purchased all of Thornton's water rights originally decreed in Park County. The application was included in Aurora's purchase of water rights from Thornton. As a result of pressure on Aurora from the Water Court to proceed, and Aurora's desire to keep its consumptive use water, an agreement was reached. The essence of the agreement is as follows. Aurora will deliver 509 acre feet of single use water every year, in both drought and wet years. In extreme drought conditions, if Aurora runs out of single use water (which is very unlikely), Aurora can provide a lesser amount of consumptive use water. In such drought conditions, Englewood can actually reuse the consumptive use water. The water will be delivered between July 1 and August 15, which will make it easy for Englewood to sell it to Centennial. This amounts to an additional 271 acre feet per year, plus the : original 238 acre-foot average has been rendered reliable in a drought year . The agreement will provide water in a fixed and predictable amount during drought, fortunately during the driest summer months. The water would be quite useful to Englewood ifthere is a severe drought like the one experienced in 2002. Also, it would help Englewood meet its quota for delivery to Centennial. The market price for the 271 acre feet of additional water is approximately $10,000 to · $20,000 per acre foot for a total amount between $2,710,000 and $5,420,000. The true increase in value is more than that, since the 238 acre feet previously received is made reliable in drought years. The additional deliveries to Centennial should enable the price of water sold to Centennial to ratchet up in 2013 . Mr. Habenicht moved; Mr. Bums seconded: Ayes: ·Nays: To recommend Council approval of the Intergovernmental Agreement Regarding Water Delivery Obligations between the City of Englewood and the City of Aurora. Bums, Clark, Higday, Cassidy, Wiggins, Habenicht, Woodward None .. • • • Members absent: Olson, Mccaslin Motion carried. 6 . LEGAL UPDATE FROM DAVID HILL DATED MAY 7, 2010 . Mr. Hill was present to update the Board on developments in water litigation cases in which Englewood is involved. 7. NON-EMERGENCY AFTER HOURS SERVICE CALL CHARGES . The Utilities Department currently has no fees in place to recover expenses when customers request an on-call, after hours employee to respond to a non-emergency situation. Staff encourages customers to have services performed during regular business hours, but periodically the customer will insist on an evening or weekend appointment, for example routine plumbing repairs or locating curb stops. The proposed charges would apply to non-emergency calls only, and not situations that can result in damages from water or sewer lines . A fee of $150 for the first hour and $7 5 per hour thereafter would be billed to the property for a non-emergency, after hours Utilities Department service call. The resident requesting the service call would be required to sign an "Acknowledgement of After Hours Service Call Charge" form before services are ~endered. Mr. Burns moved; Mr. Habenicht seconded: Ayes : Nays: Members absent: Motion carried . To recommend Council approval of the · charges for non-emergency after hours service calls of $150 for the frrst hour and $75 per hour thereafter. Burns, Clark, Higday, Cassidy, Wiggins , Habenicht, Woodward None Olson, McCaslin . ' • • • 8. ANNUAL BOARD AND COMMISSION APPRECIATION NIGHT -AUGUST 9, 2010. The Board received an invitation to the City's Annual Board Appreciation Night on Monday August 9, 2010 at Pirates Cove. Board members are invited to bring their families from 5:00 to 6:30 p.m. At 6:30 p.m. the appreciation ceremony will commence. The meeting adjourned at 6:50 p .m. The next meeting will be held Tuesday, August 14, 2010 in the Community Development Room. Respectfully submitted, Isl Cathy Burrage Recording Secretary