HomeMy WebLinkAbout2010-01-12 WSB MINUTES•
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WATER AND SEWER BOARD
MINUTES
January 12, 2010
The meeting was called to order at 5 :04 p .m .
Members present:
Members absent:
Also present:
Clark, Olson, Higday, Cassidy, Wiggins ,
Woodward, Mc Caslin, Habenicht
Bums
Stewart Fonda, Director of Utilities
Bill McCormick, Operations Supt.
Tom Brennan, Utilities Engineer
1. MINUTES OF THE DECEMBER 8, 2009 MEETING.
The Englewood Water and Sewer Board received the minutes of the December 8, 2009
and phone vote of December 14, 2009 approving the minutes of the December 8, 2009
meeting.
2 . EXECUTNE SESSION FOR SECURITY REASONS PER CRS 24-6-402(b ).
Mr. Clark moved;
Mr. Higday seconded:
Ayes:
Nays:
To have the Water and Sewer Board go into
an Executive Session to discuss security
measures pursuant to 24-402-4(b) C.R.S .
Clark, Olson, Higday, Cassidy, Wiggins,
Woodward, Mc Caslin, Habenicht
None
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Members absent: Tom Bums
Chairman Clark noted that an affirmati v e vote of 2/3rds of the quorum was received.
Motion carried.
The Board was in ex ecutive session until 5:55 p.m.
Mr. Clark moved;
Mr. Habenicht seconded :
Ayes:
Nays:
Members absent:
Motion carried .
Mr. Burns entered at 5:50 p .m .
To close the Water and Sewer Board
Executive Session.
Clark, Olson, Higday, Cassidy, Wiggins ,
Woodward, Mc Caslin, Habenicht
None
Tom Bums
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3) LITTLETON/CITY DITCH BIKE PATH
The Board received a list of concerns from Utilities Department, the Utilities Engineer
and the City Attorney's office. Mr. Fonda discussed the following concerns and received
the following directives from the Board:
1. Should the bike path be allowed along the open ditch? Contamination concerns were
discussed. The Board directed that the bike path not be constructed on ditch right-of-way
where the ditch is open. If it is to be constructed on other property near the open City
Ditch, it should be a substantial distance from the open ditch and a fence or barrier must
be constructed where it is in close proximity to the open ditch.
2. To what degree would Englewood be willing to give up its ability to close the ditch,
either temporarily or permanently, at its sole discretion? The Board directed that the City
retain legal rights to close the trail for any reason.
3. Should the use of the City Ditch right-of-way be minimized, even where piped? The
Board directed that the use of the right-of-way for the bike path should be minimized .
4. Should Littleton recognize that the C_ity Ditch will be piped and that Englewood will
not allow historic designation? Charlie Bloston, Director of Public Works for the City of
Littleton, was present and noted that even though there are no existing plans to pursue
historic designation, he could not vouch for the intentions of future Littleton City
Councils. He also noted that there is an existing ordinance that states that the property
owners must approve historic designation before the City of Littleton will pursue. The
Board noted that the ultimate goal is to pipe the entire City Ditch and Englewood will not
allow historic designation for the City Ditch along the proposed bike path.
5. What entity should Englewood deal with; City of Littleton, South Suburban Parks and
Recreation, or both? The Board directed that Englewood deal with the City of Littleton
directly and all matters regarding the City Ditch bike path in Littleton.
6. Should there be some consideration, such as weed cutting or maintenance, by Littleton
for use of the right-of-way? The Board indicated that Littleton should offer something for
use of the right-of-way. An example would be doing general maintenance and weed
cutting .
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7 . Englewood's City Attorney will require a legal opinion that the right-of-way may
legally be used for a bike path and will require that an entity step forward to defend this
against neighbors . These rights may need to be acquired. The Board indicated that all
legal issues must be addressed, and an intergovernmental agreement signed by all parties.
8. Englewood's City Attorney will require an entity to be responsible for construction,
maintenance and usage of the right-of-way. The Board indicated that Englewood should
deal with the City of Littleton on issues regarding construction, maintenance and usage of
the right-of-way.
9. Englewood's City Attorney will require an entity to take responsibility for satisfying
all requirements of other utilities crossing the City Ditch. The Board concurred with the
City Attorney's requirements. Charlie Bloston with the City of Littleton expressed his
concurrence with this condition.
10. Englewood will require an entity to actively patrol and control vandalism, dumping
and contamination along the ditch? The Board directed that the City of Littleton must
diligently patrol the ditch and control vandalism, dumping and contamination.
11. Stormwater from the path may not enter the City Ditch. The Board directed that
stormwater from the bike path may not enter the City Ditch.
12. Intergovernmental Agreement. The Board directed that an acceptable
intergovernmental agreement is required between all involved entities. The Board also
directed that Englewood be involved with the design of the bike path in the proposed area
of Littleton.
Mr. Blosten expressed acceptance of the conditions discussed and noted that he will
proceed submitting a grant application to Arapahoe County.
Mr. Wiggins and Mr. Higday excused themselves at 6:30 p.m .
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4. PIPING THE CITY DITCH AT HURON & OXFORD.
Alisa Osemwengie and Norman Henry of 4140 S . Huron St., Daniel & Barbara Fout of
4185 S . Huron St., David Prada of780 W . Oxford Ave. and Kim Kurczewski of 4160 S.
Huron St. appeared before the Board to discuss the piping of the City Ditch at Huron St.
and Oxford Ave.
Bill McCormick appeared before the Board to discuss the quotes and recommendations
from contractors for repairing the ditch bank at west of Huron St. and south of Oxford
Ave . The bank in this area is in failure and the house below and the road above are in
danger. Mr. McCormick noted the original intent was to line that section of ditch, but the
contractors said the bank was too steep for lining and recommended the most economical
solution without a structural engineers design, would be to pipe the ditch. A structural
engineers design is necessary on banks over 8 ' deep. This bank is 10.5' deep .
Alisa Osemwengie, Barbara Fout and Kim Kurczewski petitioned the Board to not pipe
the ditch. They noted the advantages of having an area for children to play, that supports
wildlife while preserving an aesthetically pleasing feature adjacent to their yards.
·Mr. Prada owns the house below the City Ditch where the bank is in failure . He is
concerned about the ditch bank failing and flooding his house and damaging others ,
especially during storms when the water is close to overflowing . He is asking the Board
to pipe the ditch.
The Fouts, Ms. Osemwengie and Mr. Henry appealed to the Board to have an
independent engineer propose other options that will allow the ditch to remain open.
They requested that all present be given a copy of the quotes received, the engineers
report and notice of any future projects on this section of the ditch. They wish to be
notified of the final decision.
Tom Brennan, the Utilities Engineer, noted the serious condition of the bank in this area
and the need to make repairs before the ditch begins running again on April I, 2010 . Bill
noted that the requested engineer's report could surpass the cost of the original plan of
piping the ditch .
Linda Olson requested Utilities staff compare alternatives and get a preliminary study to
forward to the citizens that petitioned the Board not pipe the City Ditch.
The Board directed Utilities staff to have an independent engineer study the feasibility of
leaving the ditch open, along with options and costs to do so .
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5 . CITY DITCH LICENSE TO CHERRY HILLS VILLAGE FOR AN EXISTING
10" SEWER CROSSING .
The City of Cherry Hills Village submitted a license agreement for crossing the City
Ditch with an existing 1 O" sanitary sewer main. The sanitary sewer main was installed
prior to 1970 and is located approximately east of 3700 to 3800 S . Clarkson Street and
south of Hampden. No license agreement could be found for the existing sanitary sewer
main in this area . The recommended agreement will enable the City of Englewood and
Cherry Hills Village to validate the location and address responsibility.
Englewood's City Attorney and the Utilities Engineer have reviewed and approved the
license agreement and construction easement.
Mr. Bums moved;
Mr. Habenicht seconded:
Ayes:
Nays :
Members absent:
Motion carried.
To recommend Council approval by
ordinance of the License -City Ditch
Crossing Agreement from Cherry Hills
Village for a 1 O" sanitary sewer main
crossing the City Ditch east of 3700 to 3800
S . Clarkson and south of Hampden .
Bums, Clark, Olson, Cassidy, Woodward,
McCaslin, Habenicht
None
Wiggins, Higday
6 . TRIHALOMETHANE & HALOCETIC ACID ANALYSES .
The Board received the Total Trihalomethanes and Haloacetic Acids monitoring results
for the most recent four quarters . These contaminants are formed when chlorine comes in
contact with naturally occurring organic matter in source water. Concentrations above
the maximum contaminant level are considered cancer-causing and are regulated by the
Safe Drinking Water Act. The contaminants were substantially below the required
standards.
Because of the upgrade to the Allen Filter Plant in 2000, Englewood is ahead of the
regulatory curve. The improvements have resulted in lower contaminant levels .
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7 . GRANULATED ACTIVATED CARBON AGREEMENT.
The Board, at their January 12 , 2010 meeting, approved the bid from Calgon in the
amount of$3,655.82 per filter, per month for a total of $548,373 over a thirty month
period for the granular activated carbon media for the Allen Filter Plant. Stu noted that
the Granulated Activated Carbon Agreement was approved by the City Attorney and will
be forwarded to City Council.
8. S . PLATTE I UNION AVE. RIVER WALL MODIFICATIONS.
Tom Brennan, Utilities Engineer outlined the proposed South Platte River modifications
and Union Ave. to address safety issues.
The proposed project is 250' north of the Union Avenue Bridge on the S. Platte River in
Englewood, near the raw water intake and pump station. The Colorado Water
Conservation Board was contacted by the South Suburban Parks Foundation with
concerns about public safety. The project will improve egress from the downstream pool ,
reduce eddy velocities, improve line-of-sight to the pool and site signage . Mayor
Woodward asked if it would alter the kayak run . Tom noted it will make it safer.
Englewood supports these improvements and recommends approving an access
agreement, which will be presented to the Board, after City Attorney approval , at a later
date.
9 . WATER RIGHTS UPDATE DATED OCTOBER 9, 2009 FROM DAVID
HILL.
The Board received from David Hill, Englewood's Water Attorney, a water rights update
dated November 9, 2009. Stu noted developments in water litigation cases in which
Englewood is involved .
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The meeting adjourned at 7 :15 p .m .
The next Englewood Water and Sewer Board meeting will be held Tuesday, February 9,
2010 at 5:00 p.m. in the Community Development Conference Room.
Respectfully submitted,
Isl Cathy Burrage
Recording Secretary