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HomeMy WebLinkAbout1998-09-22 WSB AGENDAAGENDA ENGLEWOOD WATER AND SEWER BOARD SEPTMEBER 22, 1998 5:00 P.M. CONFERENCE ROOM A 1. MINUTES OF THE AUGUST 15, 1998 WATER AND SEWER BOARD MEETING. (ATT. 1) 2. GRANT OF WATER LINE EASEMENTS: RARITAN & EVANS (ATT. 2) RARITAN & ADRIATIC (ATT. 3) 3. ORDINANCE CHANGE -CUSTOMER'S WATER SERVICE LINES. (ATT. 4) 4. ORDINANCE AMENDING TITLE 12 -WASTEWATER UTILITY. (ATT. 5) 5. LETTER FROM EPA -DON COATMAN AND DAVE BARESEL IN RUSSIA. (ATT. 6) 6. CEASE & DESIST ORDER FORS & H CONCRETE AT 2600 W. UNION AVE. (ATT 7) 7. OTHER. A) GI S £ N SE TT t.. E /11 £W r-3 (.,CJ ':i B) L IC.£NSE 11GR€£ Yl'l€1(..}TS -777 tJ . ox,::oif!.IO.~ (j)HE~l<LE ~@'J=-Rt:~v114/lJ .' ': WATER AND SEWER BOARD MINUTES AUGUST 17, 1998 The meeting was called to order at 5:05 p .m. Chairperson Guy declared a quorum present. Members present: Members absent: Also present: Clark, Burns, Cassidy, Otis, Guy, Vobejda, Bradshaw Higday, Habenicht Stewart Fonda, Director of Utilities Gary Sears, Englewood City Manager Don Brotzman, Englewood City Attorney Frank Gryglewicz, Englewood Finance Director 1. MINUTES OF THE MAY 12, 1998 MEETING. The Englewood Water and Sewer Board Minutes from the May 12, 1998 meeting were approved as written. Ms. Bradshaw movedi Mr. Otis seconded: Ayes : Nays: Members absent: To approve the May 12, 1998 Englewood Water and Sewer Board Minutes. Clark, Burns, Cassidy, Otis, Guy, Vobejda, Bradshaw None Higday, Habenicht Motion carried . 2. NEW MEMBER -ROBERT CASSIDY. The Board welcomed the newly appointed Englewood Water and Sewer Board member, Robert Cassidy. 3. GUESTS -FORREST DYKSTRA AND TERRY NOLAN OF HIGHLANDS RANCH METRO DISTRICTS . Mr . Dykstra and Mr. Nolan outlined the drainage easement that Highlands Ranch Metro. Districts is requesting be donated from the City. The easement requested involves of City owned property and would be used for a detention pond . Mr . F onda noted that he believes that the easement is for five acres. Mr. Nolan will contact the Utilities Dept . with the exact acreage amount . 4 . GUESTS : JOE BLAKE AND CHESTER LATCHAM WITH SHEA HOMES . Mr Chetter Latcham distributed a memo outlining ''Estimate of Probably Cost for Highlands Ranch Business Park." Mr. Latcham noted that Englewood's proposed share of landscaping and monumentation for the business park would be $1.7 mill i on. Mr. Blake discussed options that would involve either a joint venture with Shea Homes or Shea Homes purchasing the 40 acres from Englewood adjacent to their development . Mr. Brotzman noted that legal issues involving a municipality participating in a joint venture would have to be addressed. 5 . GUESTS -ROSS BRAZIL AND PETER ELZI WITH THK ASSOCIATES THK has been retained to analyze various options relative to the McLellan area property owned by the City of Englewood. THK noted that they have been working with the City on the subject property since the 1980's . THK noted that Shea Homes is also a current customer . Mayor Burns raised the issue of a conflict of interest . Shea homes noted that they did not believe there was a conflict of interest and did not perceive a problem . 6. WATER LINE EASEMENT -BATES AND EMERSON . Mr. and Mrs . Miller submitted a Grant of Water Line Easement for the purpose of installing a water main to allow water service to the property owned by Michael Thynne at Lot 1 , Brickard Subdivision just north of E . Bates and S. Emerson St . The proposed easement would allow a sub-surface water line within a permanent easement granted to the City as Reso l ution No. 31, Series 1985 for a public cul-de-sac . The water main portion that crosses the City Ditch will not be completed until a City Ditch License Agreement is obtained and the City Ditch is off-line in the fall . The adjacent owners are paying all water main expenses . Ms . Bradshaw moved ; Mr . Burns seconded : Ayes: Nays : Members absent: Motion carried. To recomme n d council approval of the Grant of Water Line Easement from Stephen and Lori Miller at 2882 S . Emerson St. Clark , Burns, Cassidy , Otis, Guy, Vobejda, Bradshaw None Higday , Habenicht 7 . LICENSE AGREEMENT -DANIEL BROST. Mr . Daniel Brost submitted a License Agreement for an exis t ing utility barn to encroach into En glewood 's McLellan raw water line right-of-way . The City reserves the right to make full use of the easement as necessary for the operation of the water line and is not liable for any damages to the structure . If the current owner transfers or sells the property , the encroaching structure will be removed from the easement. Mr. Burns moved ; Mr. Clark seconded : Ayes : To recommend council approval of the License Agreement from Daniel Brost for a barn encroachment into Englewood's raw water line right -of-way near McLellan Reservoir. Clark, Burns, Cassidy, Otis, Guy, Vobejda , Bradshaw Nays: None Members absent: Higday, Habenicht Motion carried. 8 . CITY DITCH EASEMENT -FIRST CHURCH OF CHRIST, SCIENTIST, 3701 S. LOGAN ST. The First Church of Christ, Scientist has agreed to grant the City an easement to pipe the City Ditch that runs through the front portion of their property, along South Logan Street . The agreement would be mutually beneficial in that it would allow the City to pipe the City Ditch and improve water flow and in turn will stabilize the church's front concrete porch, which is being undermined by ditch seepage. They would be granting a standard 25' easement along the City Ditch. Ms. Bradshaw moved; Mr. Otis seconded: Ayes: Nays: Members absent: Motion carried. To recommend council approval of the Grant of City Ditch Easement for the First Church of Christ, Scientist at 3701 S. Logan St. Clark, Burns, Cassidy, Otis, Guy, Vobejda, Bradshaw None Higday, Habenicht 9. SOUTHGATE SUPPLEMENT #138. -SMITH. The Board received a request from the Southgate Sanitation District representing the owners, Turner and Cindy Smith, for inclusion into the Southgate Sanitation District. Supplement #138 is for an area approximately 1.441 acres located north of Powers Ave . and east of S. Holly St. in Greenwood Village. The zoning per Greenwood Village is R-1 and will remain R-1, with the owners planning to build a single family dwelling on the site in 1998. Mr. Burns moved; Mr. Otis seconded: Ayes : Nays: Members absent: Motion carried. To recommend Council approval of Southgate Supplement #138 for Turner and Cindy Smith Habenicht, Clark, Burns, Otis, Neumann , Guy, Vobejda, None Higday, Bradshaw 10. ENGLEWOOD'S AMENDED RESPONSE TO THORNTON'S FIRST INTERROGATORIES. The Board received Englewood's Amended Response to Thornton's First Interrogatories from David Hill of Chrisman Bynum & Johnson. Mr . Fonda asked that the Board review the Response and that it will be discussed further at a future meeting. 11. REQUEST TO REOPEN MCLELLAN RESERVOIR. A letter was sent to Stewart Fonda dated July 24, 1998 from David Nesler of the Division of Wildlife requesting that Englewood reopen McLellan Reservoir for public fishing. After a brief discussion the Board rejected the request, but noted that they would contact the Division of Wildlife if the Board decided to consider reopening McLellan Reservoir to recreation. Mr . Otis moved; Mr . Vobejda seconded: Ayes : Nays: Members absent : Motion carried . To deny the Division of Wildlife 's request to reopen McLellan Reservoir for fishing. Habenicht , Clark, Burns, Otis , Neumann, Guy , Vobejda, None Higday, Bradshaw 12. CUSTOMER COMPLAINT -3021 W. BELL EWOOD DR. A complaint was received from Gary Johnson of 3021 W. Bellewood Dr . regarding his inquiry into a late notice . Due to a power outage the Utilities 1 Customer Service was unable to access Mr. Johnson 1 s account . The meeting adjourned at 7 :00 p .m. The next Water and Sewer Board meeting will be September 22, 1998 at 5 :00 p .m . in the Conference Room A. Respectfully submitted, Cathy Burrage Recording Secretary CO U NCIL CO MM UNICATIO N Date Agenda Ite m September 22, I 998 Su bject Grant of Water Line Easement on S. Raritan St. and W . Evans Ave. INITIATED BY Utilities Department STAFF SOURCE Stewart Fonda , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION N one RECOMMENDED ACTION The Water and Sewer Board, at their September 15, 1998 meeting, recommended Council approval of the Grant of Water Line Easement located at S. Raritan Street and W . Evans Ave. BACKGROUND , ANALYS IS, AND ALTERNATIVES I DENTIFIED D uromac Pa rtnership wants to build a warehouse on the vacant land at Evans and Ra r itan. T here is presently no water service available to the vacant parcel. D uromac is planning to construct a 6" water line extension , at their sole expense, to service the proposed warehouse. The property owner on the south (Mr. V ander Horst at W. Adriatic and S. Evans) has also submitted a G r ant of Water Line Easement for the portion of the water main that crosses his property to enable the water main to service Duromac's property. T his will benefit the City by establishing a looped water main at Tejon and Evans . The water main w i ll, after a one -year warranty period, be deeded to the City. This will enable adjacent properties to purchase water taps off this section of main . Duromac will incur all costs for main con struction. f=INANCIAL IMPACT Duromac will incur all costs for main construction. LIST OF ATTACHMENTS Ordinance Grant of Water Line Easement from Duromac Partnership G?-....?:l...i'JT OF WATER LINE EASEMENT THIS GRP..NT of a water line easement (this 11 Grant 11 ) is made this 17th day of Auuust , 1998 by Duromac Partnership ( 11 Grantor_11 _) - whose address is 2271 W. Yale Avenue Lakewood CO 80110 in favor of the CITY OF ENGLEWOOD, COLOR.Pillo, ( 11 Grantee 11 ) whose address is 3400 South Elati Street, Englewood, CO 80110; The parties covenant and agree as follows: l . Easement Property . The 11 Easement Property 11 shall mean the real property located in the County of Arapahoe, State of Colorado, more particularly described on Exhibit A, consisting of 1 pages, attached hereto and incorporated herein by reference. 2. Consideration . As consideration for this Grant, Grantee has paid Grantor the sum of One dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by Grantor. 3. Grant of Water Line Easement. Granter hereby grants to Grantee, its successors and assigns, a perpetual, nonexclusive easement (the 11 Water Line Easement 11 ) over, under, across and through the Easement Property for the purpose of constructing, operating, maincaining, repairing, replc.ci:::-ig, removing and enlarging the 11 Lines and _t\ppurtenances, 11 as hereinafter defined. The 11 Lines and Appurtenc..nces 11 shall mean one or more water pipelines and all necessary underground and surface appurtenances thereto necessary or desirable for the transmission of water, including, but not limited to, mains, conduits, vaults, ventilators, electric or other control systems, cables, wires and connections. 4 . Access. Grantee shall have the perpetual, nonexclusive right of ingress and egress in, to, over, through and across the Easement Property for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under this Grant . 5. Restoration. Grantee agrees that after the construction, maintenance, repair, replacement, or enlargement if any for the Lines and Appurtenances, Grantee shall restore the surface of the Easement Property as nearly as reasonable possible to the grade and condition it was immediatelv prior to said construccion, maintenance, repair, replacement, or enlargement, except as may be necessary to accommoaate the Lines and Appurtenances. Grantee agrees to restore and repair any improvements of Grancor on the Easement Property which are damaged, modified or altered by Grantee during said construction , maintenance, repair, replacement or enlargement . Grantee further agrees to replace any topsoil removed from any cultivated or agricultural areas on the Easement Property and to remove any excess earth resulting from said construction, maintenance, repair, replacement or enlargement, at Grantee 's sole cost and expense. 6. No Improvements. Grantor covenants and agrees not to construct, erect, place or plan any 11 Improvements, 11 as hereinafter defined, on the Easement Property without obtaining the prior written consent of Grantee. 11 Improvements 11 shall mean any structure, building, planting, trees or shrubbery other than a lawn . Grantee shall have the right to remove, without any liability to grantor, any improvements constructed, erected, placed or planted on the Easement Property without Grantee's having obtained the prior written consent of Granter. 7. Subjacent and Lateral Support. Grantor covenants and agrees that Grantee shall have the right of subjacent and lateral support on the Easement Property to whatever extent is necessary or desirable for the full, complete and undisturbed enjoyment of the rights granted to Grantee under this Grant . 8 . Rights of Granter . Granter reserves the full right to the undisturbed ownership, use, and occupancy of the Easement Property insofar as said ownersnip, use, and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant . 9 . Abandonment . In the event that Grantee shall abandon the rights granted to it under this Grant, all right, title and interest hereunder of Grantee shall cease and terminate, and Grantor shall hold Easement Property, as the same may then be, free from the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned, provided that Grantee shall have a reasonable period of time after said abandonment in which to remove any o r all Lines and Appurtenances from the Ease m e~t Property . In the event that Easement is abandoned by Grantee, Grantor shall have the right, at its sole option, to require Grantee to remove or neutralize any impr o vements constructed in the Easement by Grantee . 10. Warranty of Title . Grantor warrants and represents that Granter is the fee simple owner of the Easement Property and that Grantor has full right , title and authority, that this Grant is effective to grant and convey to Grantee the Water Line Easement, and that this Grant of an easement is superior to all other grants. Grantor further covenants and agrees to indem.nify, defend and hold Grantee harmless from and against any adverse claim to the title of the Easement Property b y all and e v ery person or persons lawfully claiming or to c l aim the whole or any part thereof. 11. Binding Effect . This Grant shall extend to and be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto. The terms, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land . IN WITNESS WHEREOF, the parties hereto has executed this Grant of Water Line Easement the day and year first above written . Attest: Grantor: STATE OF C O L O R..~DO ) f ) SS. COUNTY OF /jrr:Jf#fJ{)e_ ) Acknowledged before me this 19qy and _____ 1J_o_r_o_/Yl_rn_c.--___ p_A_/T._M....,...z:_/'_5_A...,.. 6 _;L? __ Address : )-;J-w) q;J Ct~ {6 My Commission expires: ----------- Attest: Grantee: Title: STATE OF COLOR.~..DO SS. EXHIBIT 11 A 11 WATE R MAIN EASEMENT PROPOSED BUILDING LOT 47 LOT 2 (/) z J <i > w --ALLEY 64 I LOT 48 -8:3'"-l2° LOT I ,;/s.3' / o I ~oi'-20· ~'OJ -/ N 4 'Jl'''S:===!::;¥J 0 / 2 ~~3 , , 8' ATER M'.ll.J N.EA SE MENT~ 283 , / ' '--- / --~P IPELINE LOCATION ___ s_o_. _RARITAN ST. ~~-~--- SCA L E 1 "= 30° N 0 2:--= Water Mai n Easem en t Legal Desc r iption Two parcels ofland for Englewood water main easement locat ed in lot I , Block 92, Sheridan Heights Subdivision, City of Engl ewood, County of Arapahoe, State of Colorado, more particularly described as follows: Parce l I Commencing at the so utheast comer of sa id Lot I, which is the true point of beginning , thence west along the said Lot I property line a distance of 20.00 feet to a point; thence north at an internal of 90° 00' 00" a distance of8.28 feet to a point; thence northeasterly at an internal angle of 13 5 00' 00" a distance of28.29 feet to a point on the east property line, Lot l which is also t he west right-of-way line of South Raritan Street ;, thence south along the east property line a distance of28 .2 8 feet to the true point of beginning, containing 365.6 square feet, more or less . Parcel 2 Commencing at the northeast corner of said Lot 1, which is the true point of beginning; thence west along the said Lot l property line whi ch is also the south right-of-way of West Evans Avenue a distance of20.00 feet to a point, thence north at an interna l of 90° 00' 00" a distance of 8.28 feet to a point; thence southeasterly at an internal angle of 135° 00' 00" a distance of28.29 feet to a point on the east property line , Lot I which is also the wes t right-of-way line of South Raritan Street;· thence north along the east property line a di stance of 28 .28 feet to the true point of begi1rning, conta ining 365.6 square feet, more or le ss . P re pared (1Keit'.: ~Eggle s ton ~'. _{), Merline W. Van Dyke, L. For an d on behalf of Duromac Partnership Dat e: 8 -f"(,,--"'?f!, City of Englewood Domestic Waterl ine Easement -1- Date September 22 , 1998 INITIATED BY Utilities Department /i I/., -..::::> COUNCIL COMMUNICATION Agenda Item Sub j ect Grant of Water Line Easement on S. Raritan St. and W. Adriatic Ave . STAFF SOURCE Stewart Fonda , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION The Water and Sewer Board , at their September 15 , 1998 meeting, recommended Council approval of the Grant of Water Line Easement located at S. Raritan Street and W . Adriatic Ave . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Mr. VanderHorst has subm itted a Grant of Water Line Easement to allow the Duromac Partnership to construct a 6 " water main to their property at S. Raritan Street and W. Evans Ave. Duromac Partnership is planning to build a warehouse on a vacant site at Evans and Raritan , where there is presently no water serv ice ava i lab le . The proposed main will benefit the City by establishing a looped water main at Tejon and Evans. The water main will , after a one-year warranty pe r iod , be deeded to the City . Adjacent properties will be able to purchase water taps off this section of main . FINANCIAL IMPACT None . LIST OF ATTACHMENTS Ordinance Grant of Water Line Easement on S. Raritan and W . Adriatic Ave . GR.n.NT OF WATER LINE EASEMENT THIS GR.A...N"-T of a water line easement (this 11 Grant 11 ) is me.de this 17th day of August , 19 98 by Raloh VanderHorst . ( 11 Grantor_11 _) __ whose address is 3063 s Columbine, Denver CO 80210 in favor of the CITY OF ENGLEWOOD, COLOR.WO, ("Grantee 11 ) whose address is 3400 South Elati Street, Englewood, CO 80110; The parties covenant c..nd agree as follows: 1. Easement Property. The 11 Easement Property" shall mean the real property located in the County of Arapahoe, State of Colorado, more particularly described on Ex..~ibit A, consisting of 1 pages, attached hereto and incorporated herein by reference. 2. Consideration. As consideration for this Grant, Grantee has paid Grantor the sum of One dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by Grantor. 3. Grant of Water Line Easement. Grantor hereby grants to Grantee, its successors and assigns, a perpetual, nonexclusive easement (the "Water Line Easement") over, under, across and through the Easement Property for the purpose of constructing, operating , maintaining , repairing, replacing, removing and enlarging the "Lines and Appurtenances, 11 as hereinafter defined . The "Lines and Appurtenances" shall mean one or more water pipelines and all necessary underground and surface appurtenances thereto necessary or desirable for the transmission of water, including, but not limited to, mains, conduits , vaults , ventilators, electric or other control systems, cables, wires and connections . 4. Access. Grantee shall have the perpetual , nonexclusive right of ingress and egress in, to , over, through and across the Easement Property for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under this Grant. 5 . Restoration. Grantee agrees that after the construction, maintenance, repair, replacement , or enlargement if any for the Lines and Appurtenances, Grantee shall restore the surf ace of the Easement Property as nearly as reasonable possible to the grade and condition it was immediately prior to said construction, maintenance, repair, replacement, or enlargement, except as may be necessary to accommodate the Lines and Appurtenances . Grantee agrees to restore and repair any improvements of Grantor on the Easement Property which are damaged, modified or altered by Grantee during said construction, maintenance, repair, replacement or enlargement. Grantee further agrees to replace any topsoil removed from any cultivated or agricultural areas on the Easement Property and to remove any excess earth resulting from said construction, maintenance, repair, replacement or enlargement, at Grantee's sole cost and expense. 6. No Improvements . Grantor covenants and agrees not to construct, erect, place or plan any "Improvements," as hereinafter defined, on the Easement Property without obtaining the prior written consent of Grantee. "Improvements" shall mean any structure, building, planting, trees or shrubbery other than a lawn . Grantee shall have the right to remove, without any liability to granter, any improvements constructed, erected, placed or planted on the Easement Property without Grantee's having obtained the prior written consent of Grantor. 7. Subjacent and Lateral Support. Granter covenants and agrees that Grantee shall have the right of subjacent and lateral support on the Easement Property to whatever extent is necessary or desirable for the full, complete and undisturbed enjoyment of the rights granted to Grantee under this Grant . 8. Rights of Granter. Grantor reserves the full right to the undisturbed ownership, use , and occupancy of the Easement Property insofar as said ownership, use, and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. 9 . Abandonment. In the event that Grantee shall abandon the rights granted to it under this Grant, all right, title and interest hereunder of Grantee shall cease and terminate, and Granter shall hold Easement Property, as the same may then be, free from the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned, provided that Grantee shall have a reasonable period of time after said abandonment in which to remove any or all Lines and Appurtenances from the Easement Property. In the event that Easement is abandoned by Grantee, Grantor shall have the right, at its sole option, to require Grantee to remove or neutralize any imorovements constructed in the Easement by Grantee. 10. Warranty of Title . Grantor warrants and represents that Grantor is the fee simple owner of the Easement Property and that Grantor has full right, title and authority, that this Grant is effective to grant and convey to Grantee the Water Line Easement, and that this Grant of an e asement is superior to all other grants . Grantor further covenants and agrees to indemnify, defend and hold Grantee harmless from and against any adverse claim to the title of the Easement Property by all and every person or persons lawfully claiming or to claim the whole or any part thereof . 11 . Binding Effect . This Grant shall extend to and be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto . The t erms, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land . IN WITNESS WHEREOF, the parties hereto has executed this Grant of Water Line Easement the day and year first above written. Attest : Grantor : STATE OF COLORADO ) I ) SS. COUNTY OF /}('fj"f,1-'ll Oe.... ) Ac know 1 edged be for~ ~~ .zL..:. ~....,,_~_a_R.,....CJ;Vlj---,-u:::2if ~ as u /~ NOt yYPUb1 t{C A~ My Commission expires :~:;--~-'-(G---'t;;)_"--_0_():;;_0_J __ _ Attest: Grantee : STATE OF COLORAJJO SS . I 3: I EXHIBIT 11 A 11 WATER MAIN EASEMENT BLOCK BUILDING IOO' LOT 47 LOT 4 7 LOT 48 LO T 48 t l5 1 WATER MAIN EASEMEN...1n 48 34 .7 -.------------ 16 1 ALLEY 27 LOT 2 LOT Proposed Pipeline------. ~· --------~ -_._ ----" CURB Existing Pipeline 30 + SCALE 1"::: 30 I Water Main Easement Legal Description -·~f---~-ct_SO.RARITAN ST. N 0 L--I--= A fifteen (15) foot wide parcel of land located in Lot 48, Block 92, Sheridan Heights Subdivision, City of Englewood, County of Arapahoe, State of Colorado, more particularly described as follows: The east 15 feet of Lot 48, Block 92, Sheridan Heights Subdivision, City of Englewood, County of Arapahoe, State of Colorado. Prepared Kei~: Egg:sto[er :~ direction and supervision Nferiine W . Van Dyke, L. S . · For and on behalfofRalph Vander Horst Date: & -;! (9 -9-' !!» ------- City of Englewood Domestic Waterline Easement MEMORANDUM To : Cathy Burrage From John Bock, Utilities Manager of Administratio~ Date: September 3, 1998 ~ Subject: Ordinance Change Stu Fonda has asked that the following proposed ordinance change go before the Water and Sewer Board at their next meeting : Section 12-1-1 : Definitions : Customer's System : Residential. The water line from the curb liRe stop box CORPORATION VALVE AT THE CITY'S MAIN into the structure. D RAFT ORDINANCE NO. SERIES OF 1998 BY AUTHORITY A BILL FOR AIT S COUNCIL BILL NO. 54 INTRODUCED BY COUNCIL MENIBER~~~~~~- AN ORDINANCE AMENDING TITLE 12 , CHAPTER 2, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO WASTEWATER UTILITY. WHEREAS , the Englewood Municipal Code Title 12, Chapter 2, has previously been amended by City Council passage of Ordinance No. 58 , 1991, Ordinance No. 4, 1994, Ordinance No. 64 , 1995 and Ordinance No. 14, 1997; and WHEREAS, the U.S. Environmental Protection Agency completes an audit of the Industrial Pretreatment progrnm annually, the passage of this Ordinance will amend the Wastewater Utility Ordinance to meet certain EPA require ments required by the audit's finding s; and WHEREAS, the passage of this Ordina nce will give the City Manage r the authority to grant variances for grease interce ptors and gives the Water a nd Sewer Board the authority t o override the City Manager's dec ision to grant a variance for a grease interceptor ; and WHEREAS , the passage of this Ordinance will amend the Wastewater Utility Ordinance making the language more consistent with the Engle wood Municipal Code; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby a mends Title 12 , Chapter 2, of the Englewood Municipal Code 1985 which shall re ad as follows: SECTION: 12 -2 --1: General Provisions 12 -2 --2: General Regulations 12-2--3: Fees And Charges CHAPTER 2 WAS TEWATER UTILITY 12-2--4: Privat e Sewers, Connections And Rep a irs 12-2--5: Industria l Wastewater Discharge Permits 12-2--6 : Enforcement And Penalties A Parmmhip Project between: The Ciry of Ni :hnii Tagil T :igilekoprom Sve rd lovsk Oblasl Env iro n ment Commi l lee Minislry of Envi ronment and Na t ural Resou rce Proteclion of lhe R uss ian Federalion U.S. Environmental Pro lection Agency Institute for Sus ta inable Commun ilies Funded by che U.S. Agency for I ncemacioncl Development Nizhnii Tagil Environment Project Mr. Stewart Fonda Manager City of Englewood 3400 South Elati Street-City Hall Englewood, CO 80110 August 18, 1998 Dear Mr. Fonda: I write to express my sincere thanks to the City of Englewood for allowing two of your employees at the Allen Filter Plant to participate in the installation of a new disinfection system at the Chernoistochinskii water treatment plant in Nizhnii Tagil , Russia, and to conduct training on laboratory analytical equipment. Both Don Coatman and Dave Baresel made significant contributions to the project, and the project would not have enjoyed the same level of success without their expertise and dedication . The City of Englewood is truly fortunate to have these gentlemen on staff As you know, both Don and Dave are not new comers to the project . I recognize that they have donated much p ersonal and professional time and talent to benefit a region in dire need of ba sic public health infrastructure . Again, I thank you , the City of Englewood, and Don and Dave for your contributions to this project. Sincerel y yours, olmrt41-R ~ James R . Brown, Chief U.S . EPA Region 6 Drinking Water Section P roj ect Co-M anager N izhn ii Tag il Environment P ro j e ct Ni:hnii Tagil Project Office • 15, Frun:e Street • Nizhnii Tagil, Russian Federation • Tel./Fax 3435-25-00-50 • E-mail : officetagi l@glas.apc.org U.S. Environmental Protect ion Agency • 40 I M Street SW (MC2620) • Washington, O.C. 20460 U SA Tel. (202) 260-3508 • Fax (202) 260-4506 • E-mai l : brown.jamesr@epamai l.epa.gov or freeman .bil l@epa mai l.ep:i.gov Institute for Sustainable Commun ities • 56 College Street • Montpelier, Vermont 05602-3115 USA Tel. (802) 229-2900 • Fax (802) 229-2919 • E-mai l: isc@iscvt.org Primed on recycled paper CEASE Al~D DESIST ORDER AUGUST 25, 1998 CONCERNING THE FOLLOvVING DESCRIBED PROPERTY: ROCKY MOU TAIN STRUCTURES, AKA or DBA as S&H CONCRETE, located at 2600 \;yest Union Avenue, Englewood, Colorado 80ll0 . The Owner/Corporation President, Donald Ray Gilliland. IS HEREBY ORDERED to immediately cease and d es ist all operations relating to the storage of unreported chemicals and the discharge of unauthorized pollutants. Authorization: Pollution of the Water Supply, 12-1-5 of the Englewood Municipal Code; Prohibited Discharges, 12 -5-9 of the Englewood Municipal Code as amended; storage and release of hazardous material, "1994 Uniform Fire Code" -Article 80, as adopted by the Englewood Municipal Code; and the "U.S. Environmental Protection Agency Superfund Amendment and Reauthorization Act (S.A.R .A. Title III of 1986)". VIOLATION Rocky Mountain Structures, AKA or DBA as S&H Concrete is in violation of the following provisions of the Englewood Municipal Code: • 12-1-5 E .M.C. -Pollution of Water. • 12-5-9:E .M.C. -Prohibited Discharge s . • "1994 Uniform Fire Code" -Article 80, as adopted by the Englewood Municipal Code Storage and Release of Hazardous Materials. • "U .S. Environmental Protection Agency Superfuncl Amendment and Reauthorization Act (S .A .R.A. Title III of 19SG )". REMEDY The Owner shall: 1. Secure plan approval and permits prior to commencement of any actions which might result in anv discharge into either the Englewood Sanitary Sewer System , through any Englewood Storm Sewer or discharge into the South Platte River or its tributaries. All work shall be performed by licensed contractors. 2. Comply with all Federal, State and Local laws and/or regulations regarding reporting and storage of chemicals on site. Dated this :z5rh day of August, 1998. CC: Gary Sears, City Manager Dan Brotzman, Assistant City Attorney Clu·is Olson , Safety Services Director Lance Smith, SS/Chief Building Official -2-