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HomeMy WebLinkAbout2000-03-14 WSB AGENDAAGENDA ENGLEWOOD WATER AND SEWER BOARD TUESDAY~ MARCH 14, 2000 :>:00 p.m. ** CONFERENCE ROOM A ** 1. MINUTES OF THE FEBRUARY 9, 2000, WATER & SEWER BOARD. (ATT. 1) 2. GUEST: DENNIS STOWE -MGR. -BI-CITY PLANT SERVICE AREA GROWTH & CAPACITY REQUIREMENTS 3. CORROSION CONTROL PROPOSAL FROM MONTGOMERY WATSON 4. HOTEL SEWER TAP AGREEMENT -WINDMILL INNS (ATT. 2) 5. LETTER DATED 2-22-00 RE: MCLELLAN RESERVOIR (ATT. 3) 6. LETTER DATED 3-2-00 FROM DIVISION OF WILDLIFE RE: MCLELLAN RESERVOIR USE (ATT. 4) 7. OTHER. WATER AND SEWER BOARD MINUTES FEBRUARY 8, 2000 A TT. I 1 . MINUTES OF THE NOVEMBER 9, 1999 MEETING. The Englewood Water and Sewer Board Minutes from the January 9, 2000 meeting were approved as written. Mr. Cassidy moved; Mr. Burns seconded: Ayes: Nays: Members absent: Motion carried. To approve the January 9, 2000 Englewood Water and Sewer Board Minutes. Wolosyn, Clark, Burns, Cassidy, Otis, Kasson, Bradshaw, Habenicht None Higday 2. SEWER TAP AGREEMENT -TOWNPLACE SUITES BY MARRIOTT. Arapahoe Chester ES Hotels, LLC approached the City regarding building a Marriott Hotel in the Southgate Sanitation District near the Park Meadows Mall. The proposed agreement would set the sewer tap fees at half the standard fee, with no additional tap fees to be collected unless the water usage exceeds the agreed upon limit of 100 gallons per unit, per day. Ms. Bradshaw moved; Mr. Burns seconded: To recommend Council approval of the Sewer Tap Agreement from Arapahoe Chester ES Hotel TownPlace Suites by Marriott. Ayes: Nays: Members absent: Motion carried. Wolosyn, Clark, Burns, Cassidy, Otis, Kasson, Bradshaw, Habenicht None Higday 3. REPORT ON MTBE CONTAMINANTS. The Board received a memorandum dated January 24, 2000 from Stewart Fonda discussing concerns expressed on a national television program regarding MTBE contaminants in drinking water. MTBE is considered a semi-volatile organic compound. Denver Water has monitored for MTBE and has detected 0.1 part per billion, far below EPA Standards. Englewood's water source is basically the same as Denver's. A program to monitor the possible presence of MTBE is being implemented and will be completed in approximately two weeks. The American Water Works Research Foundation has been conducting ongoing research on the potential health risks of MTBE. 4. STORM DRAINAGE EASEMENT FOR METRO DISTRICT. The Board received a request from Metro Districts at Highlands Ranch for a Grant of Easement for a storm drain line along the west edge of the parcel owned by Englewood north of C-470 and west of Lucent Blvd. This line would carry flows from culverts across C-470 and direct runoff underneath the Highline Canal. The line has been sized to accommodate flows from the Englewood parcel with an outlet to be provided on the north end of the site. The McLellan Foundation will be approving and routing the final documents. 5. CHERRY HILLS VILLAGE SANITATION DISTRICTS. The City of Cherry Hills Village is requesting to amend its Connectors and Maintenance Agreements with the City of Englewood to allow Englewood to continue to provide service to the consolidating entity's area. The Connectors Agreement would be amended to include all sanitary sewer pipes owned by the City of Cherry Hills Village. The Maintenance Agreement would be amended to include any sanitary sewer line that is approved and accepted by the City of Englewood and owned by the City of Cherry Hills Village. Repairs would be limited to no more than 10' deep and 10' in length. The final draft will be presented to the Board at a future meeting. The Board will receive a final draft once it has been approved by the City Attorney. The next meeting will be held March 14, 2000 at 5:00 p.m. Respectfully submitted, Cathy Burrage Recording Secretary A TT. 2 HOTEL SEWER TAP AGREEMENT ~1 . THIS AGREEMENT, is made the JI -day of ~e.ht<Ac1r'/ , d CCC) between the CITY OF ENGLEWOOD whose address is 3400 South El~ti Street, Englewood, Colorado 80110, (hereinafter City); and the WINDMILL INNS OF AMERICA, INC., an Oregon Corporation, whose address is 15220 North 75th Street, Scottsdale, Arizona 85260 (hereinafter Windmill). WHEREAS, Windmill requested a reduction in sewer tap fees because they believe their Hotel's water usage is less per unit than a single-family equivalent. The subject Hotel is located at 9600 Park Meadows Drive, Lone Tree, Colorado 8Q..!.fl__, also known as Windmill Inn Near Park Meadows. WHEREAS , the standard tap fee is based on a normal flow of two hundred (200) gallons per day and Windmill estimates that their per unit flow is no more than one hundred (100) gallons per day. NOW THEREFORE the Parties agree as follows: I. The City will sell Windmill sewer taps for its Hotel units at one half the standard sewer charge, based on their estimate of no more than 100 gallons per day per occupied unit real flow. This is a minimum charge and in no event will the base tap fee be less than one-half (1/2) the standard sewer charge. 2. The initial tap payment to the City by Windmill will be $87,500.00, for Englewood tap fees; $12.50, for the permit, and a Big Dry Creek Interceptor Basin Charge of $6,250.00, for a total of $93 , 762.50. 3. Windmill will issue an irrevocable, stand-b y letter of credit in the amount of $93, 750 .00, which will be used for any additional tap fees. This letter of credit will be held by the City for tap fees as required pursuant to this Agreement. 4. The City will monitor winter (November 1 through April 30), bi-monthly water usage at the Hotel during a five (5) year period. During that time , Windmill will monitor water consumption on a daily basis. Windmill will furnish the City with a report on daily water consumption and the number of rooms occupied on the corresponding days. Windmill will submit the report to the City on a monthly basis. 5. If at any time during the five (5) year period, the daily , per occupied unit consumption goes over one -hundred (100) gallons per day, Windmill will pay the additional tap fee owed. If the fee is not paid within sixty (60) days, the City will make periodic draws on Windmill's letter of credit to pay to the City additional sewer tap fees based on the amount of flow in excess of one hundred (100) gallons per day as billed by the City of Englewood. If Windmill's daily, per occupied unit usage is less than one hundred (100) gallons per day, the City will not owe Windmill any refund. 6. Additional sewer tap fees will be computed on the basis of two hundred (200) gallons per day being equal to a tap fee of $1,500.00. As an example, if the usage goes over one hundred (100) gallons per day by five (5) gallons per day, then five (5) gallons per day is two and one-half percent (2 1/2%) of the two hundred (200) gallons per day, two and one-half percent (2 112%) of one thousand five hundred dollars ($1,500) is thirty- seven dollars and fifty cents ($37.50) times one hundred and SL'Cty-one (161) hotel units is six thousand thirty-seven dollars and fifty cents ($6,037.50) in additional sewer tap fees. The higher amount, in this example the 105 gallons per day per unit, will become the new base line for tap fees. Once the baseline reaches 200 gallons per day, per residential unit, the maximum tap fee will be owed. In no event shall the total tap fees exceed one maximum tap fee per unit. 7. However, should additional units be added to the project at any time, the tap fees shall be increased by the number of additional units . If the units are added after the five (5) year period described in paragraph 5 above, or after a final base line for tap fees has been reached, the tap fees for the new units will be the same as the final tap fees for the original units. 8. Any accidental discharge of metered water of an unusual and non-recurring nature where the City is notified within 24 hours of discharge and Windmill provides documentation of the nature and e xtent of the discharge may be excluded from the calculation of the tap fees. The filling of a swimming pool will not be considered an accidental discharge under this paragraph . 9. At the end of five (5 ) years or on the date on which Windmill has paid the additional sewer tap fees associated with an increase in the baseline for tap fees to 200 gallons per day per unit, whichever event shall occur first, the letter of credit may be withdrawn and the City will no longer monitor water usage except for normal, annual sewer billing purposes . 10 . Any additional tap fe e s paid pursuant to this agreement are tap fees only and shall not be considered sewer treatment charges . Any money owed the City under this Agreement is a fee for the sewer tap. 11. The City and/or it's auditor maintains the right to enter the property to examine the water use records, the hotel occupancy records and to check water meter readings . 12. Windmill gives the City the right to disconnect the hotel for nonpayment of any tap fees or sewer treatment fees due the City . 13 . This Agreement shall not be assigne d by any party without the prior written consent of the other and this agreement shall be binding on any successors or assignees. 14. Windmill confirms it has 125 units in this Hotel and agrees that it shall not add additional hotel units to the City of Englewood's sewer system without written approval of the City . 2 15. Any notice required or permitted by this Agreement shall be in writing, and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to w horn such notice is to be given at the address set forth below, or at such other address as has been previously furnished in writing, to the other party or parties. Such notice shall be deemed to have been given when deposited in the United States Mail. The notice shall be sent to: CITY OF ENGLEWOOD ATTN: Utilities Department 3400 South Elati Street Englewood, CO 80110 WINDMILL INNS OF AMERICA, INC. ATTN: 15220 North 75TH Street Scottsdale, Arizona 85260 16. This Agreement represents the entire agreement between the Parties and there are no oral or lateral agreements or understandings . This Agreement may be amended only by an instrument, in writing, signed by the Parties. If any provision is found to be void by a court of competent jurisdiction, no other provision shall be affected by such holding. All of the remaining provisions shall remain in full force and effect. 1 7. A waiver by any party to this Agreement or the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. 18. The parties hereto warrant that the signatories below have full and lawful authority to execute this Agreement on behalf of Windmill and the City of Englewood, Colorado. 19. The Parties agree that this agreement shall be recorded in the office of the Arapahoe County Clerk and Recorder. IN WITNESS WHEREOF , the parties hereto have executed this Agreement the day and year first written above. CITY OF ENGLEWOOD Thomas J. Burns, Mayor Loucrishia A. Ellis, City Clerk 3 WINDMILL INNS OF AMERICA , INC. Date: _;(_\._l~_l. _Cb~- IN WITNESS WHEREOF , I have hereunto set my hand and affued my official seal the day and year first above written. My commission expires: _[_0 ..... (~3 ......... b~u~-)~­T I 4 C it y of Eng lewood February 22, 2000 Mr. Chris Seeley Project Manager Highlands Ranch Metro Districts 62 W . Plaza Drive Highlands Ranch, CO 80126 RE: PA 84 Detention Facility and Culvert 55 Facility at McLellan Reservoir Dear Mr. Seeley: ATT. 3 3400 S. Elati Street Englewood, Co lorado 80 11 0-230 4 Phone (303) 762-2 300 (303) 762-230 1 FAX (303) 789-1125 The City of Englewood has received the letter from CH2M Hill regarding the two stormwater facilities, PA 84 Detention Facility and the Culvert 55 facility . According to this letter, both facilities meet Englewood 's criteria for storm water facilities within the McLellan Reservoir water shed . Englewood has not technically reviewed the proposal. The District, by commencing construction , warrants and assumes total responsibility for any shortcomings in design or construction that would cause the facilities to not meet the requirements stated in the 1982 Black and Veatch report. Based on the conditions of this letter, Englewood will allow the construction to proceed at these two facilities. The City of Englewood requires the calculation files on these two facilities along with a letter from Highlands Ranch Metro Districts stating that the District will be responsible for maintenance and cleaning of these facilities in the future. Please contact me at ext. 2652 if I many answer any further question s. Sincerely , yrJ/,vJlo-- Stewart H. Fonda Director of Utilities City of Englewood STATE OF COLORADO BILL OWENS, GOVERNOR DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQ UA L OPPORTUNllY E MPLOY ER John W. Mumma , Director 6060 Broadway Den ver, Colorado 80216-1000 Telephone: (303) 297-1192 Mr. Stewart Fonda, Utilities Director City Of Englewood 3400 S. Elati Street Englewood, CO 80110 Dear Sir : ATT. For Wildlife- For People March 2, 2000 Per our phone conversation, I am sending this letter and formally requesting the access and use of Mclellan Reservoir as a potential back up source during our walleye spawning operation . I plan on walleye spawning operations getting underway on March 20th. Cherry Creek Reservoir and Chatfield Reservoir will be our primary sites for collecting walleye eggs , however , in the event that one lake shuts down early or we are simply running critically short on numbers of eggs, then I would appreciate the opportunity of running a walleye spawning operation at McLellan. I understand that recei ving permission for this year would not set a precedent in successive years. I would not anticipate being at McLellan Reserv oir for more than 5 days unless the egg take is still running strong after the first five days . Our operation involves the setting of 200' and 400' gill nets late in afternoon. Each morning we would pull the gill nets; collect the walleye ; transport them to a central location ; spawn the fish and let them go back into the reservoir . Fertilized eggs are kept in coolers and transported to one of our warmwater hatcheries where the eggs are incubated . Please remember that I am only seeking permission to utilize Mclellan Reservoir as a backup source We may not need a backup source . I can be reached at 303 /291-7232 or 303 /916-1043(cell) if you ha ve an y questions or want to discuss things further . Thanks for your time and consideration . DJN/djn Enclosure cc Steve Puttmann , Wildlife Manager V-B Brian Gray, Wildlife Manager III-A file DEPARTMENT OF NATURAL RESOURCES, James S. Lochhead , Executive Director WILDLIFE COMMISSION : Arnold Salazar, Chairman• Rebecca Frank, Vice Chairman• Mark LeValley, Secretary Rev. Jesse Langston Boyd, Jr., Member• William R. Hegberg, Member• James R. Long, Member John Stulp, Member • Louis Swift, Member / A G R E E M E N T IN CONSIDERATION of the mutual promises, performances, covenants and payments hereinafter set forth, it is mutually agreed by and between the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, hereinafter referred to as the "City", and \=-<'. f-o..,_ '~ Sv. ''gn:."'-~· -;::::. ? \a- ' hereinafter referred to as Owner(s): (1) That Owner(s) is (are) hereby granted by the City the right to use water on the following described premises, to-wit: 3 3-:0 ~ s: ~ 'f; d, .b, ~"" c, \¥ ., "" , v c I -'(-.;;;;·-....· ..... ' __ g_-:;-_/---r_~ ___ w....:.1-tc_,_· _::s~c."--_l.'"""c. ..... .: .... ~-'14._._L;;...___.D._.l"""'S'"""c_p.L..-"L-'-P_,_V_._o_vu_.._2 s_. __ N '/J.. J= l...> 'Ii. c:tf CV Y'L vF NG. 1/t/ o-t' 'S'w V¥ of f-/t,..J 1¥ :Sec 1. Ts S f>_ <O"ir-w supplied from a source other than the mains of the City, which source is a \J..._)R.__( under the following terms and conditions: (2) That Owner(s) agree(s) not to make or permit any cross-connection between the water supply system of the City and the above mentioned source of water, or any other source, supply or system of water for or upon such property, and shall either pay the scheduled flat rate for such premises without deduction for any benefit derived from the above mentioned source of water, or install a meter for such premises under the rules and regulations of the Water Department, and shall pay for such water at the scheduled meter rates of the City, such water service or connection be i n g granted to such premises subject to, and to comply in all respects with, the rules and regulations of the Water Department of the City. (3) That this agreement shall be a contract running with the land and shall inure to and be binding upon the heirs, executors, administrators, succes- sors and assigns of the parties. Dated in the City of Englewood, County of Arapahoe, State of Colorado, this j.J + rL day of 00 ~ !::>.~ . ...._ , A. D. ,; __ _ ATTEST: CITY OF ENGLEWOOD, COLORADO Recording Secretary City Clerk Director of Mayot= Utilities ~~ -/c. ·cw H1 ?PL E -----=--------"" Owner(s) A G R E E M E N T IN CONSIDERATI ON of the mutual promises, performances, covenants and payments hereinafter set forth, it is mutually agreed by and between the CITY OF ENGLEWOOD, COLORADO, a municLpal corporation, hereinafter referred to as the "City", and r< · \:.. °'"' ,{ Sv. ,,q~-=-~· -;:::, ( \CL. I hereinafter referred to as Owner(s): (1) That Owner(s) is (are) hereby granted by the City the right to use water on the following described premises, to -wit: supplied from a source other than the mains of the City, which source is a \j....J ><-.. \.. under the fol lowing terms and conditions: (2) That Owner(s) agree(s) not to make or permit any cross -connection between the water supply system of the City and the above mentioned source of water, or any other source, supply or system of wa ter for or upon such property, and shall either pay the scheduled flat rate for such premises without deduction for any benefit derived from the above mentioned source of water, or install a meter for such premises under the rules and regulations of the Water Department, and shall pay for such water at the scheduled meter rates of the City, such water service or connection be i n g gran ted to such premises subject to, and to comply in all respects with, the rules and reg ulat ions of the Water Department of the City. (3) That this a g reement shall be a contract running with the land and shall inure to and be binding upon the heirs, executors, administrators, succes- sors and assigns of the parties. Dat e d in the City of Englewoo d, Co unty of Arapahoe, State of Colorado, this J -;-i-L-Z-Q(J -.:, /. d ay of 00 .../--.,, /=::,.::... • ..__ , A. D. 1:-9 __ _ ATTEST: Recording Secretary CITY OF ENGLEWOOD, COLORADO City Clerk Director of Mayor Utilities ~?7:=>--fc ,<=~ Ht?PLE ~, Owner (s) March 15, 2000 Prime Hospitality Corp . 700 Route 46 East P.O. Box 2700 Fairfield, N.J. 07007-2700 Re: Hotel Sewer Tap Agreement with the City of Englewood To Whom It May Concern: Paragraph 5 of the Sewer Tap Agreement between the City of Englewood and Prime Hospitality Corporation reads in part as follows : "If at any time during the five (5) year period, the daily, per unit consumption goes over one-hund red (100) gallons per day, the Amerisuites Hotel-Park Meadows will pay the the additional tap fees owed." The City of Englewood wishes to clarify that when Prime Hospitality Corp. purchased their sewer tap under this agreement, what was purchases was one- half the normal residential capacity of 200 gallons per day per single family equivalent, or, 100 gallons per day per hotel guest room. In this case, this amounts to 72,000 gallons per day for the whole hotel. For the purposes of enforcing this agreement, the City of Englewood will look only at the total daily water use at the hotel as compared to 72,000 gallons per day. So long as the daily water consumption does not exceed 72,000 gallons , no additional sewer tap fees will be assessed. In no way does the number of occupied hotel guest rooms on any given day figure into the agreement. If you have any questions or need assistance, you can call me at 303-762-2643. Sincerely, John Bock Utilities Manager of Administration cc: Grimshaw & Harring, P.C.