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HomeMy WebLinkAbout1994-07-12 WSB AGENDA1. 2 . 3. 4. 5. 6. 7. 8 . 9 . AGENDA ENGLEWOOD WATER AND SEWER BOARD July 12, 1994 5:00 p.m. ** CONFERENCE ROOM A ** MINUTES OF THE JUNE 7, 1993 WATER & SEWER BOARD. (Att. 1) AGREEMENT WITH ARAPAHOE ESTATES REGARDING REVERSE OSMOSIS SYSTEM. (ATT. 2) HILTON ARTICLE. (ATT. 3) SOUTHGATE SUPPLEMENT #124. (ATT. 4) NUTRIPOD PROGRESS -TURBIDITY. SANTA FE/UNION -COLO. DEPT. OF TRANSPORTATION PROGRESS REPORT. WOLHURST WATER DAMAGE LITIGATION. JUNE WATER DEMAND. (ATT. 5) OTHER. WATER AND SEWER BOARD MINUTES JUNE 7, .1994 /'i TT~ I The meeting was called to order at 5:05 p.m. Chairman Fullerton declared a quorum present. Members present: Members absent; Also present: Fullerton, Lay, Neumann, Otis, Resley, Vobejda, Wiggins Habenicht, Gulley Dennis Stowe, Acting Director of Utilities Stewart Fonda, Acting City Manager David Hill, Water Attorney Joe Tom Wood, Water Engineer 1) MINUTES OF THE MAY 10, 1994 MEETING. The Englewood Water and Sewer Board Minutes from the May 10, 1994 meeting were approved. Mr. Vobejda moved: Ms. Lay seconded: Ayes: Nays: Members absent: Motion carried. To approve the May 10, 1994 Englewood Water and Sewer Board Minutes. Fullerton, Lay, Neumann, Otis, Resley, Vobejda, Wiggins None. Habenicht, Gulley 2) SOUTHGATE SANITATION DISTRICT SUPPLEMENT #123. Southgate Sanitation District submitted Supplement #123 requesting inclusion of 4 acres into their district. The vacant land is currently zoned MU P.U.D. Self storage units are being constructed. The current owner is Arapahoe & Holly Self-Storage. Mr. Resley moved; Ms. Lay seconded: Ayes: Nays: Members absent: Motion carried. To recommend Council approval of Southgate Supplement #123. Fullerton, Lay, Neumann, Otis, Resley, Vobejda, Wiggins None. Habenicht, Gulley 3. SCADA SYSTEM FOR THE ALLEN FILTER PLANT. Dennis discussed the SCADA System with the Board. The proposed system, based on radio communications, will monitor remote facility operations from a central location at the Allen Filter Plant. The system will provide reliable system facility monitoring and not be hampered by bad weather, power outages or availability of obsolete parts. The computer portion processes the signals by an on-line computer, making data available immediately. Because of time constraints, the proposal has already been approved by Council at the June 6, 1994 meeting. 4. SOUTHPARK #11. Dennis reviewed the proposed Grant of Easement and Right-of- Way between the City of Englewood and the City of Littleton for a drainage easement on the McLellan Reservoir Property. The purpose of the easement is to allow construction of storm water overflow outlets for surface water drainage, filter fencing for trapping sediments, and a perimeter wall around the exterior of the adjacent Southpark Subdivision #11. Because of time constraints, the proposal has already been ~pproved by Council at the June 6, 1994 meeting. 5. GOLF COURSE BERM. The Englewood Golf Course berming project was completed. Alum sludge from the concrete storage area at the Allen Plant was mixed with topsoil and used for berm construciion at the Englewood Golf Course. A 2' cap of topsoil covers the berms. 6. FLO ENGINEERING. The Board received the Agreement for Engineering Services and Proposed Scope of Work from FLO Engineering. FLO Engineering is proposing to provide engineering services for constructing the new 48" pipe being installed to enclose the City Ditch where the intake from Chatfield Reservoir outlets to the City Ditch, where the ditch crosses under Marcy's Gulch and the diversion structure at the McLellan Reservoir Pump Station. Bill Vobejda requested to see final plans, when available. 7. GUEST: DAVID HILL -WATER ATTORNEY JOE TOM WOOD -MARTIN & WOOD. David Hill and Joe Tom Wood reviewed the negotiations progress with Denver and AMAX regarding the Ranch Creek Agreement. Joe Tom Wood compared the existing Ranch Creek Agreement with the pending settlement agreement. The Board will met with the Planning and Zoning Commission at 6:00 p.m. The next Water and Sewer Board meeting will be July 12, 1994 at 5:00 p.m. in Conference Room A. Respectfully submitted, Cathy Burrage Recording Secretary CHRISMAN BYNUM &JOHNSON Chrisman, Bynum & Johnson, P.C. Attorneys and Counselors at LAw Continental Building 1401 Walnut Street Suite 500 Boulder , Colorado 80302 Telephone : (303) 444-4820 Facsimile: (303) 449-5426 ABA/NET#: ABA1475 June 9, 1994 VIA FACSIMILE ORIGINAL TO BE MAILED Stewart Fonda Director of Utilities City of Englewood 3400 S. Elati Street Englewood, CO 80110 Re: Arapahoe Estates Treatment Contract Dear Stu: .A TT, ') .t.-- Dave and I have made rather substantial changes to Holly Holder's draft of the Arapahoe Estates Treatment Contract. A redline version of the new agreement is attached for your review. Also attached is a page entitled "Property Description" which contains the language that we believe should be included in the deed that Englewood will receive from Arapahoe Estates. The changes to the agreement are fairly self-explanatory, so I will not bother to explain them in this letter. Holly tells me that the June meeting of the Arapahoe Estates water & sewer board will occur on June 20. She plans to take our revised agreement before the group at that time, in hope that it will approve the deal. I will be out of the office the week of June 20. I am hoping that we can get the revised document to Holly as soon as possible this week, so that we can deal with any concerns she may have prior to the time that she makes her presentation at the meeting. Please call me with questions, comments or concerns. Jeffrey R . Seul JRS:abm Enclosure !DRAFT AGREEMENT This Agreement is dated this _ day of , 1994, by and between ARAPAHOE EST A TES WATER DISTRICT, a municipal corporation of the State of Colorado ("Arapahoe Estates") and the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado ("Englewood "), (hereinafter "the Parties"). RECITALS 1. Arapahoe Estates currently operates a water treatment facility which utilizes a reverse 2. Arapahoe Estates provides water service to residents within its boundaries from a Laramie-Fox Hills well with Well Permit No. 1070RF (the "Laramie-Fox Hills Well"). 3. Pursuant to a discharge permit issued by the State of Colorado , Department of Health, Arapahoe Estates has until May 1, 1994 , in which to meet a fluoride standard of i;:·::ii'.J.ID.Y.m §f four milligrams per liter w;,-g~':§f'f!g~J. ······························ 4 . Englewood has the capacity and capability in its wastewater treatment facility to treat the backwash ~f.!l\l.~fii. discharged from Arapahoe Estates water treatment plant i.iii!!~:ij!fil~ ·:·:·:·:·:·:·:·:·:·:·:·:·.·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:-:·:·:·:·:·:-:-:·:·:·:·:·:·:-:·:·:·:·:·:·:·:·:·:·:·:·:·:-:·:·:·:·:·:-:-:·:·:·:·: 5. Englewood has a need for additional credit for return flow for non tributary water from its wastewater treatment plant. 6. Arapahoe Estates will be entering into an agreement with South Arapahoe Water and San itation Dis trict which provides for use of its interceptor ii~§; to transport the effluent to Englewood . AGREEMENT NOW THEREFORE, in consideration of the promises and covenants herein contained, the Parties agree as follows: 1. Treatment. Englewood agrees to treat and to discharge from its wastewater treatment facility all backwash ;fflg~~ generated at the Arapahoe Estates water treatment facilitY~ii!iJg\!)fg ekc_'e&t_"_ .. '._.' .. •·.·.•.·.·.·.:.·.· .. ·· .•. :_:_::~:::::: ..... ::::_rrn ..... :::::Nra o. .. .. ... · .. . ................ .. -:-:.:-:-:-:-:-:-:·:·:·:·:·.·:·:· 2 . Tap Fee. Arapahoe Estates will pay pqgl~W~ for wastewater taps at a price of $1, 400 per eq ui val en t tap for a total initial tap f ee .oflI5J:C>Oo ~.!?9.}2'.l~. This tap fee is based upon a concerHrate ~!!§fi1.H~! volume of 17, 000 gallons per ctay .. whleti equates to 90 taps . 4. Payment Schedule. The net cost of $153,912.00 shall be paid in four equal annual installments of $38,478.00 ~![~;!Q§.~i~ due May 1 of 1994, 1995, 1996 and 1997. + §. Amendment. This Agreement may be modified, amended, changed, or terminated in whole or in part only by an agreement in writing duly authorized and executed by all Parties. % ~· Survival of Provisions. Each and all of the provisions of this Agreement shall be deemed to survive the closing and the delivery of any instruments of conveyance or warranty deeds contemplated hereby. 9 !'.Q. Waiver. The waiver of any breach of any of the provisions of this Agreement by any Party .s.hall not constitute a continuing waiver or a waiver of any subsequent breach by said Party either of the same or of another provision of this Agreement. 3 W t:J:. Entire Agreement. This Agreement represents the entire agreement of the Parties, and no Party has relied upon any fact or representation not expressly set forth herein. H-:-Xf~. Severability. Invalidation of any of the provisions of this Agreement or of any paragraph~····Sentence, clause, phrase, or work herein or the application thereof in any given circumstance, shall not affect the validity of the remainder of this Agreement. ~ !?¥: Assignability. Each Party hereto shall have the full and unrestricted right to assign any interesf in this Agreement, but no such assignment shall affect the giving of notice provided for herein unless the other Parties shall have been given notice in writing of such assignment with the name and address of any assignee to whom notice shall be given. H jf;. Binding Effect. This Agreement and the rights and obligations created hereby shall be bfriding upon and shall inure to the benefit of the Parties hereto, and their respective successors and assigns. ~ !:?· Attorneys' Fees. In the event of institution of legal proceedings in connection with this Agreement, the Party prevailing therein shall be entitled to recover the reasonable costs and expenses incurred in connection therewith, including, without limiting the generality of the foregoing, reasonable attorneys' fees. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first above written. 4 ARAPAHOE ESTATES WATER DISTRICT CITY OF ENGLEWOOD STATE OF COLORADO ) ) SS. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this _ day of June, 1994, by ____ as of Arapahoe Estates Water District. Witness my hand and official seal. My commission expires: ----------- Notary Public STATE OF COLORADO ) ) SS. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this _ day of June, 1994, by ____ as of the City of Englewood. Witness my hand and official seal. My commission expires: ----------- Notary Public 5 PROPERTY DESCRIPTION 1. A water right consisting of 71.24 acre feet of water drawn annually from the operation of Grantor's Laramie-Fox Hills Well (Well Permit No. 1070RF) {ftl:i trl'.~t) located at [insert ., ••• _, .. smt:Yn ::fil1mm:u*:12m ::m~1¥tsY· 2. A non-exclusive easement for access to the wellhead and weH !f)!le! structures referred to above in paragraph 1 for the purpose of operating S\:leR well m~H\¥.~U and maintaining and replacing the wen}:¥~ structures. The area subject to such easerne.Iif"IS.described as follows: [insert legal description]. So long as Granter continues to maintain and replace the weH ¥f:~ structures and operate the weH :lf.~U at a level sufficient to produce return flows accruing to ""ilie credit of Grantee equal to 71.2·4··acre feet per year, Grantee shall refrain from exercising its rights granted by this easement. 3. An easement through the following described water transportation structures of Granter for the purpose of transporting 71.24 aere feet of wa:ter B:fifi\:lally fr.om the well !'i!P.ri!IDJ~~~Iiit~r 9~ti&~::mr9¥¥J1·::m~.·:~l§!i 'i!9ril!:':IU!f.!!IU described above in paragraph 1 imm.'·!i·,:l~!f to the water transportation facilities of South Arapahoe Water and Sanitation District: [insert legal description of pipelines, etc.]. N ("'1 ~ ISi w l!) CI n.. t- UJ ~ A 3 (!) (f) 0 t- (_t 0 (/) Ul a: A z a: 0:: UJ ~ ::::> UJ E l: 0 0:: u.. ro "<1" .. N "<:J" m m z ::::> -. r-: \--· ~""'!-­ <. ... .I I'"· ' ' ' l "" ...... ,._ . .__._ ,•' .,. '~~~--,,, .. -.. .<~-~-__ .\i:};t "_.;, >;· ~~~i~ !i:;~/~~t~A ]J1'it. ••,·.:~~ ·-~(~-.. ,7 .. !'I : ... 11Jf ~l~J · '"' c z I l(J ~Jll-..el\lfft1t Recltf~~W: I l(J Hilton South in receivership By John Rebdaook and 1983, respectWcly. Rot:Jt,~N.wsR«tJEshtt.Edittw -As teceiver, Cohen wilJ main· -tain and.manage the bot.el at 7801 The California O"-'Ile! of the E-Orchard Road. Greenwood Vil- Denver Hilton ~-H~ has-· Jage. He also is in charge of any defaulted on $15.8 million m loans, improvements. repain; and col- ~g the: 301-rooir! operation in l~g all rents. revenues ~ receJ\•ershlp. acoontmg to oourt inoome. documents. • The hotel. owned by Pref erred Because of the defanlt. Arapa-Properties Fund 82, a California hoe County l)istrict Judge timited yar1nership. has an esti- Thomas Levi on May Zl approved mated annual monthly inoome of Travelers .Insurance Co..11 request $600,000, according to doco:- to appoint David S. Cohea as ments. receivex. Travelers holds two Traveler"s has not begun fore-- loans on the property. one for dosing on the~-Robert A. $1.1.8 million and the other fDr $4 -Hohnes. Traveler's Denver attor- million. which were made in 1981 ney. said he C3ll"t comment on whether foreclosure prooeedingt -would begin. Denver hotel consultant Jobt Montgomery said it is impossil>lE to tdl what the problem is witt the hotel without being privy to itt records and the way it is fioanced. "One issue is the market ane the other is financing." Montgo~ ecy said. "I know some hotels that can show a profit with a 55% occn· pancy, and otbef's that can•t &bow a profit with a 70% OCCllptmcy. Bot I would say the hotel has a future ·in Denver. It's a good hote! at a good locatiori!' Cray-3 finally working, but orders· fail to come in CRAY from SOA failed to fulfill an order from Law-· paratle1 processoc (or MPP) ma--.:.::..:;;.;_.:..:..;:.:.:.:_;~.::.,_-----· rence Llvennore National Labor.t-chine. a powerful new oomputel" areconsjderingavarietyoffuumc-tocy because it did not have a builtbyThinJungMachines. ing options, including selling oom .,. working model of the Cray-3. But a speciaJ higlHpeed link pan~·-owned buildjngs and real es-A working model is housed at between tile two types of ma-- tale, then leasing them baclL.: the firm'B Colorado Springs opera-chines hit development snags, "Without an order you cannot tion that the National Center for stalling the strategy. · have a business." sa:d ~Y· _ ~lnt?spheric Researeh in Boulder .. __ ._'--_',':\' ou've· got to wood.er how In the J)a5'7 th~ ·furn has em-:-IS ~smg. -· . _ · · ,.-: . ~-. deey you . can cot before you get ployed_ stock offe:nngs to gen~te ~ .. lt has been a btg ~tp,, ;-s<U~~-.into ·the marrow of the enter- . operating funds.. ~:y~__ago~.~~"k Ga£1.J~~n ~C~CAR.s _~J>Ut-::_.~~-" ~iii SmRtw ''rvP 00. tn Bit'! Icrr10 l!f it.t 1}Jn ES: .. 'i fl 1;:· {: ···i: .!.-.-. ·" :1 :: ·:..._.,..,,_,. ''Price so LOli,TI' Sale;..,. #6SX-2S 4!JISX.JJ 486DX-33 11111. ................. ....... 11159. allllt Qadw ··~ ~ • uaa.M ftcn• w.rn -:um.a Rud 1>1111: :T •• Vl54 1.-1 .... Ccniolla' .IOfl\VJlt ~'fnt VaA S.-.1 ....... ~ ~A"Tfll ~ ~ 11 Nete>aa) ~OL'ftVIJ._rA ~flit .2a IC'" NDl:irll ... ' "' 'fOOUAM-;1f/ ~1&1'7. .... to~ llVCM. .,.__. -~....._ 41Ji1JXJ-66 ~ --• ~ ~ ... --.._, _,_,.,,, l.IAN. _,,.,.,dn 6'CWI ~ n.-.::::z::: CMlo. ~ • Ot-dW -l!Walt --.. BNGLBWOOD 69+JS98 NIHJ.-£ AkM H~" - DBNV£R ,,1.-6000 "J6U s. CaJondo ~ NORnJGLENH ~ JaJSO N. llW~l • Great lh .5~ An• Percenti ~ ~ I c ... ~ II tv en .30M~ (S) tv : ·'••• .. ,....;. .,,,; AIT. ~ SUPPLEMENT NO. f.2.:j'l'O CONNECTOR'S AGREEMENT '!'BIS AGREEMENT, made and entered into by and between the CITY OF ENGLEWOOD, acting by and through its duly authorized Mayor and City Clerk, hereinafter called the "City," and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas Counties, Colorado, hereinafter called the "District," WITNESSBTB: WHEREAS, on the 20th day of June, 1961, the City and the District entered into an Agreement in which the City agreed to treat sewage originating from the District's sanitary sewer system within the area served by the District, which Agreement was most recently renewed by Connector's Agreement .dated November 16, 1988; and WHEREAS, said Connector's Agreement provides that the District may not enlarge its service area without the written consent of the City; NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein set forth, the parties agree as follows: l. The City hereby consents to the inclusion of certain additional area located in Arapahoe County, Colorado, owned by URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, A COLORADO QUASI-PUBLIC CORPORATION, and more fully described on Exhibit A attached hereto and incorporated herein by reference, into Southgate Sanitation District. The City agrees that said additional area may be served with the sewer facilities of the District, and that the City will treat the sewage discharged into the City's trunk line from said additional area, all in accordance with the Connector's Agreement dated November 16, 1988. Accordingly, Exhibit A referred to in Paragraph 1 of the Connector's Agreement dated November 16, 1988, is hereby amended to include such additional area. 2. Each and every other provision of the said Connector's Agreement dated November 16, 1988, shall remain unchanged. IN WITNESS WHEREOF, the parties have set their hands and seals this day of , 1994. ATTEST: CITY CLERK (SEAL) ATTEST: SECRETARY (SEAL) CITY OF ENGLEWOOD SOUTBGATB SANITATION DISTRICT, ARAPABOB AND DOUGLAS COUN'l'IES, COLORADO By: ~P-R_E_S~I-D_E_NT~~~~~~~~~~~- LEGAL DESCRIPTION A parcel of land being a part ot that parcel known as Eng1e'Wood Dalil owned by Urb~n Orainaqe and Fl~d Control District located :1n part of Section 29, 'township 5 south, Range 67 West, of the Sixth Principal Meridian, County ot Arapahoa, State of Colorado, being more particularly describe.d as follows: NOTE: For the purpose ot this description the bearings are based on the West line of the ·Northe~st Quarter (N~l/A) ~~ said Sec~ion =~ beL~~ North 00•23 1 02• East. ·Monumented ,by a #4 rebar in range box at the Northwest corner and a 3 l/4" aluminwn cap LS 10377 in range box at the West quarter corner. Commencing at the West quarter corner of said Section 29; Thence along the south line. of said NEl/4, South 89°36 1 51 11 East, so.oo ~eet, to the easterly .Right-of-way (ROW) line o! s. Holly Street being the TRUE POINT OF BEGINNING; Thence along said easterly ROW line, North 00°23 1 02" East, 104.00 feet; Thence South 89°36'58" East, JJ.0'4 feet, to a point l.5.00 ~eet frol!l (by p~rpendicular measurement) the ' centerline of said Englewood Dam; Thence parallel with said centerline, North"2S 0 J9 1 53 11 East, l00.58 feet, to a point of curvature; Thence continuing parallel with said centerline, along the arc of a curve to the right, ~hose center beArs South 61•20 1 07• East, 285.00 feet, thru a central angle of 43°30'00", an arc length of 216.38 feet, whose chord bears North 50°24 1 53" East, 211.22 feet, to a point of tangency; Thence continuing parallel with s~id centerline, North 12•09'53" E~st, 60.62 feet; Thence South 17°50'07 11 East, 105.07 ~eet, to the southeasterly property line of said Englewood Daln; Thence along said southeasterly property line, South 72°09 1 53" West, 70.00 feet; Thence continuing along said southeasterly property line, South 45°23'00" West, 376.91 feet, to said easterly ROW line; Thence along said easterly ROW line, North 00•23 1 01 11 East, <4l.OO feet, to the True Point o! Beginning. EXHIBIT A PAUL R . COCKREL JAMES P. COLLINS TIMOTHY J . BEATON ROBERT G . COLE PAUL C . RUFIEN Mr. Duane L. Tinsley District Manager ATTORNEYS AT LAW 390 UNION BOULEVARD . SUITE 400 DENVER . COLORADO 60226 · 1556 June 7, 1994 Southgate Sanitation District 3722 East Orchard Road . Littleton, Colorado 80121 Re: South Suburban Park and Recreation District Inclusion of Holly Service Center Dear Duane: TELEPHONE (3031 966· 1551 WATS !600) 354-5941 TELEFAX !303! 966 -17 55 Enclosed for filing with the Board of Directors of the Southgate Sanitation District is an original Petition for Inclusion of Real Property. The property owner is the Urban Drainage and Flood Control District. This property is being leased by South Suburban Park and Recreation District. The subject property is approximately 1.0202 acres, and is a portion of the Englewood Dam or Willow Springs Open Space property, commonly known as the Holly Service Center. It is located on the east side of South Holly Street, between Arapahoe Road and Dry Creek Road. The subject property is currently zoned R-P P.U.D., and no change in zoning is proposed. The property will be used as a maintenance facility for the Willow Springs Open Space property, and operated by the South Suburban Park and Recreation District. This will include a 6,000 square foot maintenance operations office building, a storage building, a pipe and chemical storage building, and various storage facilities for trees, plants, soil, compost and other materials used in the District's maintenance operations. Sewer service will only be required for the 6,000 square foot office building, which will include four restrooms and one kitchenette. Construction of the facilities is expected to commence in August, 1994, with an estimated completion of October, 1994. Also enclosed is a copy of a Title Guarantee prepared by Security Title Guaranty Company for this property, which reflects that the fee owner of the property is Urban Drainage and Flood Control District. ·COLLINS AND COCKREL, P.C. Mr. Duane Tinsley June 7, 1994 Page Two As we had previously discussed, the Southgate Sanitation District Board has agreed to waive the pre-inclusion and post- inclusion fees. Please feel free to contact me or Micki Wadhams if you have any questions or need additional information. Thank you for your assistance in this matter. Enclosure cc: Mr. David A. Lorenz Edward J. Krisor, Jr., Esq. Sincerely, S~P.C. Robert G. Cole Attorney for South Suburban Park and Recreation District 25 20 "Cl ~ 15 z Q l-o :::> 0 ~ 0. 0:: w 10 ~ 5 0 1986 Warm, Some Moisture -I --- 1987 Warm , Some Moisture .. I .. .. I .. I I I I I I 1988 Hot, Some Moisture ALLEN FILTER PLANT JUNE WATER PRODUCTION .. -----------... ~ -----... , ... , ' , , 1989 1990 1991 1992 1993 1994 Record Cool , Hot, Cool , Warm, Hot, Hot , Little Wet Dry Wet Wet Some Moisture Moisture DAILY PEAK ---DAILY AVERAGE ~ -\ ;'\ V\