HomeMy WebLinkAbout1994-07-12 WSB AGENDA1.
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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.].
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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;..,.
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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
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ALLEN FILTER PLANT JUNE WATER PRODUCTION
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1989 1990 1991 1992 1993 1994
Record Cool , Hot, Cool , Warm, Hot,
Hot , Little Wet Dry Wet Wet Some
Moisture Moisture
DAILY
PEAK
---DAILY
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