HomeMy WebLinkAbout2000-01-11 WSB AGENDAAGENDA
ENGLEWOOD WATER AND SEWER BOARD
TUESDAY, JANUARY 11, 2000
5:00 p.m.
** CONFERENCE ROOM A **
1. MINUTES OF THE NOVEMBER 9, 2000, WATER & SEWER
BOARD. (ATT. 1)
2. PUBLIC NOTICE OF MEETING TO DISCUSS THE RISK
MANAGEMENT PLANT FOR CHLORINE GAS. (ATr. 2)
3. LETTER FROM ART EMISON DATED 12-6-99. (ATT. 3)
RE: W. ADRIATIC PL.
4. WOLHURST LANDING LETTERS (ATT. 4)
5. OTHER.
WATER AND SEWER BOARD
MINUTES
NOVEMBER 9, 1999
ATT. I
1. MINUTES OF THE OCTOBER 12, 1999 MEETING.
The Englewood Water and Sewer Board Minutes from the October
12, 1999 me e ting were approved as written.
Ms. Bradshaw moved;
Ms. Habenicht seconded :
Ayes:
Nays:
Members absent:
Motion carried.
To approve the October 12,
1999 Englewood Water and Sewer
Board Minutes.
Habenicht, Clark, Burns,
Higday, Cassidy, Otis, Kasson,
Vobejda, Bradshaw
None
None
2. ART EMISON RE: 2000 W. ADRIATIC PL.
Mr. Emison had appeared before the Board at the October 12,
1999 meeting requesting the City install water and sewer
mains between S. Vallejo St and S. Zuni St. He appeared to
have the Board's decision clarified and requested a special
favor whereas the City would fund and install the requested
water and sewer mains a n d collect the cost from other owners
when they connect. He also requested that collected tap
fees would be applied to main installation. Mr. Emison also
requested that the City fund burying the Public Service
lines that are in the existing right-of-way.
Mr. Fonda reviewed Mr. Emison's options and requirements for
getting the City of Eng ewood to install water and sewer
mains and stated that the City does not participate with any
developer as requested by Mr. Emison. The Board directed
Mr. Emison to work with Utilities' staff on his proposed
development. Mr. Emison requested the options be given to
him in written form. I t was also noted that all main
development is done the same, to the extent practical, for
all developers using existing Code and policies mandated by
City Council and the Englewood Water and Sewer Board.
Mayor Burns excused himself at 5:25 p.m.
3. REVISION OF ORDINANCE FOR WATER & SEWER CODE.
The Board received a memorandum dated October 15, 1999 from
Stu Fonda recommending a revision of the existing Water and
Sewer Code pertaining to recovery of main line construction
costs. It states, "Recovery shall be from the requesting
party or parties and shall be upon completion of said
extension. Recovery shall be defined as the entire cost of
the main extension. The requesting parties shall
demonstrate the ability to reimburse the City for sewer main
construction costs prior to construction."
Ms. Bradshaw mo ved;
Mr. Cassidy seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To recommend a Re vision of
Ordinance f o r 12-2-9:A
pertaining to recovery of main
line construction costs.
Habenicht, Clark, Higday,
Cassidy, Otis, Kasson,
Vobejda, Bradshaw
None
Burns
4. COLUMBINE SANITATION DIST. SUPPLEMENT #4.
A request was made by Columbine Water and Sanitation
District and Valley Sanitation District for the landowner,
HTL-LLC to inclusion into the district. Supplement #4 is
for 77 taps for a residential development consisting of 29
home sites, 46 patio homes and one for the Columbine Town
Hall, all located on approximately 40 acres. The property
is located south of W. Bowles Ave. and west of Middlefield
Rd. in the Town of Columbine Valley.
Ms. Bradshaw moved;
Mr. Cassidy seconded: To approve Columbine
Sanitation District Supplement
#4.
Ayes:
Nays:
Members absent:
Motion carried.
Habenicht, Clark, Burns,
Higday, Cassidy, Otis, Kasson,
Vobejda, Bradshaw
None
None
Mayor Tom Burns excused himself at 5:25 p.m.
5. "WATER FOR PEOPLE" BILLING INSERT
Water for People, a non-profit organization, submitted a
billing insert t o be included in future water and sewer
bills. This organizat i on was founded in 1991 and has been
working with small, rur al villages in less developed
countries to provide safe water. The Board agreed to allow
the inserts to be included in future billings.
6. BI-CITY EPA AWARDS.
The Board received an article from the October, 1999
Operations Forum Magazine regarding the annual EPA Awards.
The Englewood/Littleton Bi-City Treatment Plant received a
first-place award for pretreatment and a research award for
the research on the l ong-term effects of biosolids on dry-
land wheat farming.
7. AGREEMENT FOR THE INTERIM PROVISION OF WATER TO THE 15-
MILE REACH OF THE COLORADO RIVER.
Mr. Fonda received a request from the Denver Water Board
requesting that Englewood participate in the Agreement for
the Interim Provision of Water to the 15-Mile Reach of the
Colorado River. This agreement would provide to the U.S.
Fish & Wildlife Service on a permanent basis 10,825 acre-
feet annually to benefit the endangered fish. This amount
is divided among users and it appears that Englewood's
amount would be minimal . Being an intergovernmental
agreement, an ordinance to City Council will be necessary.
Stu will obtain revised figures and present them to the
Board for a recommendat i on at a future meeting.
8. WATER & SEWER BOARD CHRISTMAS PARTY.
The Board is invited the annual Water and Sewer Board
Christmas party to be held Tuesday, December 14, 1999 at
5:00 p.m. at County Line Barbecue.
The next meeting will be held December 14, 1999 at 5:00 p.m.
Respectfully submitted,
Cathy Burrage
Recording Secretary
Pag e 6 -Dec. 3 1, 1999 '-Englewood Herald '
THE YE AR I A Tl, 2
View Lots
TOM DUFFY -8 U FFY Rea lty, Inc.
Sa les Office 303-681-3800
Denve r O ffi ce 303-758-3105
Directio ns:
• Localed -1 .6 mi /rs
SW of Cas!lr Rock
• Horse pro perly
• U m.lcrgro un d
Ulililics
•Well & Srplic
1-~5 Su111h .1:,ll J:-il.1'!11111 lfl:d/ Wili.:m St !Wc,t ,1do:: 11! 1-.:51 S11u1h ~.<11111k' tfr1111t:1~..:
R\1,1J1 h1 Tumah !{11:1d . \\'1.''I I J 111ik., 111 !he c11tra11i:i: of K~·i:uc 1<.111d1
1-R.OM
REVIEW
PAGE 5
is criunty clerk until the term
cxpir'" in 2002.
• The 18th Judicial District
Critical Incident Team . a group of
invesligntl1rs from law enforcemenl
agencies outside Englewnnd. were
called in July 20 to investigate the
deaih of 18-year-old Robert
Sandoval.
Sandoval died when officers
mistakenly fired the wro ng type of
les s-than-lethal shotgun shells in an
eff011 to keep ihc 18-year-old from
hu11ing himself or someone else.
Pol ice were called lo the 3000
block of South Sherman Street
because Sandoval. a Denver resi-
dent who w;1s living in a group
NOTI CE TO CITY OF ENGLEWOOD
RESIDENTS OF PUBLIC lVIEETIN G
In February of 1999. the City of Englewood's Water Department filed a Risk
Management Plan with the United States Environmental Protection Agency because. at
that t ime . gaseous chlorine was being used for water treatment a t the Allen Water
T reatment Plant at 1500 W. Layton Ave. Since that filing the City has discontinued use of
gaseous c h lorine ;rnd has s tarted using much safer Sodium Hypochlori te. wh ich does not
require a Risk Management Plan. However, because a Risk Management Plan was filed for
gaseous chlorine. the City is required to hold a public meeting to discuss the Off-Site
Consequence Ana lysis of the Risk Management Pl an.
Notice is hereby given that a public meeti ng w ill be held at S:OOPM on Tuesday.
January 11, 2000. in conferen.ce room "A" at Englewood City Hall , 3400 S. Elati St. to dis-
cuss the Off-Site Consequences of the Ri sk Management Plan for the discontinued gaseous
chlorine. The public is invited to attend.
:t.
Can You Buy A New $1,800 Furnace
For $624?
Yes. it·s absolutely true! You
can actually replace your old
(and probably very inefficient)
furnact: and air conditioner for
uvt:r $1, 100 less 1han you
would h;ive to pay at any other
time'
My Pro bl e m is Yo ur
. Oppo rtu n ity!
Lt:t me explain. At 1hc bcgin-
11ing of evcty y ear, we commit
to plu·chase air conditioners
for the sununer cooling seaso n.
but we h;ive to guess how may
we ·11 need to meet demand.
Of course. wc·re never <::xactly
right. So, \ve ;ilways have
some invt:11tory left ove r at the
end of the summer.
These ;i re brand new 1999
TRANE mudds. They are
NOT seco11ds or "blems" or
.. builder'· models. They arc
factory fresh TRANE air
conditioners and have a full
fit your house of course), I
will give you a new TRANE
80% efficient furnace for
$624! That amazing price in-
cludes all lab o r and electrical
work. There are NO hidden
costs'
T h e Concept is S im ple :
By letti11g you win big now. I
win at the end of the year.
By making this .. irresistible"
offe r (at least it shouid be if
your furn:ice or air conditioner
is O\·er eight years old), !"II
accomplish two things:
I'll sell my leftover air
conditioning inventory
from 199 9.
I'll help cover my rent,
utilities , insurance and
taxes during the slow
months.
Irnaclad Guaran t ee:
W hy This Offe r Ca n 't L as t :
You must act before January
31st! Here ·s why:
I only have a limited number
of air conditioners left. When
these units are sold ... that's it.
First come, first served!
So , ifyou·re in the market fo r
a new furnace. call us today'
This is our best deal of the
year and it 's on.ly available for
a limited time'
Here's A ll Yo u H ave To Do:
Call Gravlin A.IC and Heating
at (303) 770-2776 and
schedule a FREE consultation
(with absolutely no obligation)
to see i r we ha,·e an air
conditioner left that fits your
house.
Thank you for reading this
rather lon11. ad. I horn: vou \viii
home. was un the street wav in~ l\\ n
kni ves and threatening to kiJJ\im-
self.
Aug ust
• The Englewood School Board
unanimously gave approval to plac-
ing a question on the November
ballot , asking vo ter approval tn
increase prope11y laxes.
• The City Counci l gave the
stamp of approval and city linancial
supprn1 to the Englewood Parade .
The c.:ouncil unanimousl y
approved providing sz;ooo in
financial suppon plus providing
city ass istance in areas such as
planning and traffic control for the
annual November event.
• Jose Medi na, a I 04-year-old
Englewood residen t, was honored
at ceremonies. at Veterans of
Forei~n Wars Post 9644 as he
recei;ed the French Legion of
Honor. the country·s highest honnr.
for his service in World War I.
• In mid-August . developers
announced they could not get a let-
ter of intent In bring a multi-screen
theater to be pan of the ·CityCentcr
E11glewoocl project.
From the sla11, the plans for
redevelopment of the former
Ci nderel la City site included a
multi-sc reen theater along with
other retail stores, residential de ve l-
opment. a new city hall and the
light ra il station as pan of the trnn-
sit-oriented, multi-use develop-
ment.
Students in Englewood
sc hools chalked up good scores nn
the Terra Nova national standard-
ized tests.
The di strict's composite score
for lifih-and seventh-graders both
were severa l points higher than the
scores on the Iowa Test of Basic
Skills take by fi rt h-and seventh-
graders the yea r before.
• Englewood's Olde Tymc Fair
was deemed a success as more than
3,000 pe op le attended the events
and activities fo r two days at Miller
Field .
This is the second year for the
parks and recreation depanmenl-
sponsored event.
Sep te mber
• Th e En~lewood Citv Council
era se d the m~l ti-sc r een 1{1ovie the -
ater from lite plans for CityCc111er
and remo ved Furcs1City"s name as
the residentia l developer as theyap-
provcd s revise d pla11 for the project
to retlevelop ihe Cinderella Cit}
site.
John Loss presented the revised
plans drartcd by developer Miller·
Wt:in~artcn.
.. Regrellahly. :i,.ler lengthy bui
un suc ce ssfu l talk;; wi th the cnmpa-
nies. includi11u those that initiallv
showed i11tcrc~l in building a ih~
ater as part nf the project. it is nur
opinion we arc not likely 10 ha ve a
lhe:itcr here at this time:· Loss said.
Since ForestCity wanted to he
part of a project that included a the-
ater, the company withdrew as rcsi-
denlia/ dc vclnpcr when notilieu a
the h.:~l lnc;1t1 n li f11r ~1 light-
111:i111te11.1rn.:1.,.· r~11.,.·iliiy bu! rllt.:lllt
ol Engk\\fltld Cit~ Council wan
'tu l..'.\pln1e alli.:rn;1t1\ e use '.' bcc:1
Gcnc r;i l lro11 i, the las t large 1x11
of /;im / in the cny th;u coulu
Je vt lt lpt...~d.
RTD and c.:i1y rcprcsentati
ln"ked .1 1a w;iy 111 bri11~ i11 1hc lit
rail 111.1intenarn.:c !'a...:ilit) ;111J ,
leave '11111(• nr the JanJ rur rc~id
tia/ a11d rd;11I tlc1 ·ch•p111c11l.
• Englc\\1111d\ Cily Cuu1
appru11·d a revised pl;m for
City Center E11glcwood pn>jt
replacing the the;itcr \\ ith mure '
idcn1i;i/ antl rct;1il dcvelop111
while keq1ing key clements lik e
pi;izza ;md fhc new Civic Ccnt c
the pla11.
The rc1·i>cd pb11 increa sed
size of the res iucntial devclopm
to ;ibn11t ~Oil 11ni1s lw usinu the I.
th;it ,.urnte1 ly woulci ha ve-been
loc ati .111 fc>r the theater.
• Rt.::'\iLkn ts came to En!.!lcw1
Cit~ Clluncil. seeking help lo l
reel the prllblems in their neighl
huuJ they s;1y were hcing ere :
hy the residents of the Cu111111u 1
C:lres ~rnup hmm:.
Community Can .. ·s operate <.
group home in the 3500 bloc.:k
Soulh Corona Strci.:l for up lo
memally ill patien ts ranging in
from I 5 lo 2 I .
Neighbnrh1>llJ residents c1
rlai11ed about having lo endure I
langu age. h;irassmcnl. litter
vandalism from re sident s of
group home.
Oflicials of Community C:
\'Owed It) wu1 k with the neight
lo try tn con-cct the com.:c111s.
/ale s~plcn1ber. residents '
things h:id i111prn1 ·cd in the 11ci
borhooc.J.
• Englc!\Vnod rcsitlcnts tur
out tu ;1 publii..: meeting to v'
their disapprova l or proposed !".
for the Sou thwe>l Corridor L
Rail Linc.
The Englewood 111ccling ·
one of eight held by ihc Regi'
Tran ,pnrta1iu11 Di,trict lt> hear I
people ldt about the proposal f,
sp li t fan: with riders paying
lucal 1:1rc ',,. S 1.25 during I'
ho 11 rs and 75 ce111s during l>ff-p
hnur..; to ride nrn1h from the E \
st•Hion . Rider::, g•:uing 011 th!.! t
so uth of Yak Avenue ;ll
Englc\\ood, o~rord, Li11k1n 11
i\linc:r;il slati <>ns \\'<11 iitl pay the
l'.\prc~..; r;m,: aJl lhC ti!llC (II ride:
0~11·.er.
R.:·.1d c 11h \\';11Hcd the ~11
local fa1e /i 1r tliL· length of the
;i11d. if 1ha 1 '"''n ·1 po<siblc. l
\\'ant.:J tP .'i..:-1..· tile bou11J;,i1}
lllD\ 1..·U ..;outh pf Ilic Englt:,•:olld
tiun .
October
Rc,idcnl:-. prcscnteJ t
\ i,illn frn a / .501)-,cal :1!1S Ce1Il 1
th e EngkwoL1J City Ct>uncil.
1:1 ic ~k11,1lu1.1.i head s the:".
111..::mb~·r 1..'\pl11r:1l11ry cnm111
\\ hn \\:int in \1..';.' ;1 11 art L'.Cnlcr l
a~ p~u l uf tht: r"dc\ dupn1c11t
jcct. Tlt:.=y ;111.• putting tugclh ·
hu:-.inl..'~ .... pl:ln l11 try w ma1'1.·
\'i:-.io11 a rt:alil .\.
A RT EMI SO N ade M9 mt C ST
Arthur C. E1nison
5564 South Lee Street
Littleton, Colorado 80127-1845
City of Englewood
3400 South Elati Street
Englewood, Colorado 80110-2304
Attn : Cathy Burrage, Recording Secretary -Water & Sewer Board
Re : Mmutes 11/9 meeting
303?731110
AT T. 3
(303) 973-9796
Fax 973-1110
e-mail arte@csn.net
12/6/99 -8am
I received the copy of recent {11/9/99) Water and Sewer Board meeting minutes you prepared, but I do not
believe they adequately represent my presentation or requests to the board . The folJowing are points I made
or tried to make which I hope the board members understood better that what I see is presently reflected in
your minutes .
• I have for several years been seeking utility service for four lots on West Adriatic Place, between South
Vallejo and South Zuni Streets
• My proposals and requests continue to be rejected by city staff but their reasons/basis of rejection are
unclear and not supported by city code or any logic I believe Title 12, Chapter IB, Sections 3B and 3C
are what should apply to my request for service. That code section says "CTty will make such extension
at its own expense subject to recovery". I presented to board copies of code sections I was using to
make a service request and to try and understand rejections to date .
• I again presented to the Board a drawing reflecting how water and sewer service could be install to my
Jots without a need to acquire additional right--0f-way or easements a position staff was insisting on .
• The city code in this area has been changed since my original request for service, so I have requested I
be grandfathered under the old code, since I believe original rejection by staff was in error.
• I have proposed compromise and several ways the city might make this work . I hope I expressed my
desire to work out issues, but I too am unable to foot the full bill for this improvement
There has been some correspondence between Stu and myself since Novembers 9lh and I hope copies will be
distributed to all board members with your minutes .
I see in the minutes thar new and more change in above code is being proposed but I <lid not understand
what th.at change is, can you clarify what current change is.
I would appreciate any help you can provide to resolve my issues, working through John Bock as I was
directed has not worked, he just will not address issues I raised in straight forward and clear manner.
' CC: Harold Stitt , AICP -Senior Planner, John Bock -Utilities, Dan Brotzman -City Attorney
Stewart Fonda -Director Utilities, Gary Sears -City Manager -Ken Ross -Director Public Works
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Tlwlll<l> I. HinJrnan
\lvra J. Lan,k1·
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L.1ura J. Gib;on
\\"illi,1111 H. :)horr·-<-'•
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DE"AER
11901 \V. 48th Ave.
Wheat Ridge, CO 80033 -2166
303 .432. 9999
iJ~ 303.432 0999
Cl'l.1.)R. \IX' ~l'RI '\(;~
·11 ss Kellv John,on Blvd.
Suite 111
Color,1d o Spnngs. CO 80920
~l'l.i:Jl.1~~6
iJ\ -,q ;111.1 -1~
toll tree 800.809.52 42
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December 7.1999
Mr. Stewan Fonda
Director of Utilicie s
Cic y of Englewood
3400 So uth Elati
Engl ewoo d, CO 80110
A TT,. '-i
Re: W! ollHirst Landin g Ow ners Association. Inc. u. City of Englewood
Case i'1 u.: 93 C '{v' 183 -i . Dii-isic;i. 4, l ~ i"LLpc.h oc Coin:t y Di.:; trice Ccur :
Oiir File No.: 8712.027
Dear Mr. Fonda:
Wolhursc Landin g is very inceresced in engagi n g in a dialogue with the Cicy of
En glewood cowards mucual exchange of vi ews o n a prop osa l to address the lo ng-
cerm pocential for leaks from che Cicy Dicch, which runs along the eastern
boundary of the Wolhurst Landing prop ert y. We cercainly appreciate your interest
in such a dialogu e, and loo k fo rward co receiv ing yo ur writcen thoughts on this
iss u e. A written prop osa l is requested because each of the volunteer Board members
and property manag eme nt repre se ntatives n ee d to evaluate any prop osa l which
ma y be subrnitced . Ple ase send any recommendation d irectly to Wolhurst Landing,
cl o Mr. Marty Amble, Hammer smit h Managemenc, 2535 S. Wadsworth Blvd ..
Lakewood, CO 80227. wich a copy to m y offices.
Th ank yo u for yo ur attention t o this matc er and plea se accept my wishes for a ve ry
happ y h o liday seaso n.
William H. Shore
OR TEN & HINDMA N, P.C.
WHS/c:
e: ll oard of Dirccrors
Wo lhurst Landing Owner s Association. In c.
W:\C LI ENT \ WOLHURST\Fonda 002.w pd
City of Englewood
January 6, 2000
Mr. William H. Short , Esq.
Orten & Hindman, P.C.
11901 W. 43th Ave.
Wheatridge, CO 8003u6y76u6uy
RE: Proposal for Wolhurst Landing Owners Assoc.
Dear Mr. Short:
3400 S. Elati Street
Englewood , Co lorado 80110-2304
Phone (303 ) 762-2300
(303) 762 -2301
FAX (303) 789-1125
Although the City of Englewood has prevailed in the lawsuit filed by Wolhurst Landing,
the City has in the past and will continue in the future to attempt to be a good neighbor.
At the trial the City learned for the first time that Mr. Johnson failed to install appropriate
French drains under the buildings which are adjacent to the City Ditch. The absence of
such drains makes the buildings vulnerable to water from any source, as you undoubtedly
know.
The City of Englewood is willing to offer the following proposal in order to assist the
Wolhurst Landing Owners Association concerning ground water entering the units
adjacent to the City Ditch.
The City would be willing to enter into a contract with Wolhurst Landing whereby the
Association and the City would jointly participate in the installation of a French drain
along the buildings adjacent to the ditch. As to the French drain, the City would supply
labor and materials in the installation of that drain. The homeowners or the Homeowner's
Association would be responsible for removing porches and other obstructions and
replacing them along with repairing the sod and sprinkler system, if necessary.
t:i>i.. PR l'<TF.IHlN \XI Rf:< \("f.f:IJl'-ll'U!
As to the cut-off trench, the Association or the homeowners would be responsible for
removing and replacing the fence along the trench. Again, the City would provide the
labor and materials in the installation of that trench.
Under the terms of the proposed contract, the Wolhurst Landing Owners Association
would be responsible for the following:
1. Removal and replacement of decks and stairways adjacent to the units along the
length of the City Ditch.
2. Removal and replacement of retaining walls.
3. Removal and replacement of sprinkler systems including piping, wiring and
irrigation heads.
4. Removal and replacement of sod and soil grading for its replacement.
5. Removal and replacement of fencing ifthe cut-off wall in installed.
6. Repair and maintenance of future sump system including piping, pump and
electrical costs.
7. Performing necessary locates of all utilities located in the digging area.
Under the proposed contract, the City of Englewood would be responsible for:
1. The design of the drain system and pumping system, if needed.
2. The installation of the drain system and sump system, which would include
materials, equipment and manpower to install the drain system.
3. Backfill and compaction of the trenching area.
4. If a cut-offbentonite trench is installed on the west bank of the City Ditch, the
City of Englewood would provide the materials, equipment, rough grading and
manpower to construct the bentonite trench. It is agreed that the trench will be
approximately 12 feet deep and constructed with a mixture of dry bentonite clay
and soil which would be the appropriate width of the backhoe bucket.
5. The Association and the effected homeowners would have to agree that any
installation would be without warranty or guaranty of any type. In the event of
claims for damages , the Association would agree to indemnify the City. The City
is only providing the physical construction and the design. The Association will
own, maintain, repair and replace as necessary.
I would also note that of the two alternatives, the French drain and the sump would
probably provide the most protection. Nevertheless, the City is willing to do either or
both, assuming that the Association and its members are interested.
If this offer holds interest to the Association and its members, please let me know so that
we can prepare an appropriate written document confirming this agreement.
I want to reiterate that we make this offer as a good neighbor and in an effort to assist the
homeowners and the Association, and not because we believe that we are required to do
so or have any responsibility to do so. I hope your client will accept this offer in the light
in which it is intended and that we can work together to avoid any further disputes .
Sincerely,
Stewart H. Fonda
Director of Utilities
City of Englewood
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 8
October 14, 1999
City of Englewood
3400 South Elati St.
Englewood, CO 80110
999 18TH STREET -SUITE 500
DENVER, CO 80202-2466
http://www.epa.gov/region08
Ref: New Requirements for Risk Management Program Facilities
Charles Allen Treatment Plant; 1500 \Vest Layton Ave.; Englewood , CO 80110
Dear Facility Representative :
This letter is provided to inform you of additional Risk Management Program
requirements that have been enacted by Public Law 106-40 . This law was signed on August 5,
1999. Certain portions of this law apply to all facilities required to submit Risk Management
Plans to EPA pursuant to Section 112( r) of the Clean Air Act.
Public Law 106-40 (P .L. 106-40) requires that facilities hold a public meeting to provide
the local community with information regarding their Risk Management Programs including off-
site consequence information . Reasonable public notice must be provided prior to the public
meeting . Small businesses, as defined by Section 507 of the Clean Air Act and the Small Business
Act, may post this information in lieu of a formal public meeting. Posting information in a public
place such as a library or post office would fulfill this requirement. The public meeting, or posting
of this information, must be completed no later than February 1, 2000. You may have already
met this requirement if you held a "roll out" or similar activity within your community.
P .L. 106-40 further requires the facility to certify to the FBI that this information
disclosure has been accomplished . A certification must be submitted to the FBI no later than
June 5, 2000. Example certifications are included with the enclosed fact sheet.
EPA encourages facilities to work with their local emergency planning committees
(LEPCs) to accomplish these requirements . Some LEPCs host the public meeting with local
facilities listed on their agenda. This cooperative effort allows facilities to coordinate their Risk
Management Plans with their LEPCs .
You may contact your Region 8 RMP Coordinator, Barbara Benoy at 303/312-6760 for
assistance . More information can be obtained through EPA' s Emergency Planning and
Community Right-to-Know Hotline at 800/535-0202 .
EPA's Prevention website: www.epa.gov/acc-pre.html.
A \.I Printed on Recycled Paper
Tom Gr ie r
Co-chair
Susan Jo nes-Hard
Co-chair
Paul Cooke
Member
Kimberly Par ker
Member
Ti m Gablehouse
Member
Leonard Boulas
Member
Jeannie Wilson
Member
Rosalie Duka rt
Member
Denni s Trego
Member
Capt. Allan Turn er
Member
Jack Rowe
Member
Right-To-Know
HOO Cherry Creek
Drive South
Denver, CO 80222
(303) 692 -3017
STATE OF COLO RAD O
COLO RA DO EMERGENCY PLANNING COMMISSION
RISK MANAGEMENT PLAN -
PUBLIC MEETING REQUIREMENT
GUIDANCE DOCUMENT
September 16 , 1999
Bill Owens
Governor
You received our prior notice that as a filer of a Risk Management Plan with U.S. EPA
you are now required to hold a public meeting . There are some options for compliance
and you will want to tailor your actions to fit your local situation. Discuss these options
with your Local Emergency Planning Committee and fire department. You should also
check the U. S . EPA Internet site at http ://www .e pa .gov/sw ercepp / for new
developments or advice.
Section 4 of Public Law No. 106-40 mandates that every facility required to file a Risk
Management Plan must hold a public meeting prior to FEBRUARY 1, 2000 .
Reasonable notice to the public must be provi ded before the meeting is held_ The
purpose of the meeting is to "describe and discuss the local implications of the risk
management plan" submitted by the facility "including a summary of the off-site
consequence analysis portion of the plan ." The purpose of this guidance document is to
state our view of how a facility should comply with this new requirement.
Who Must Comply ?
If you have filed or were required to file a Risk Management Plan on or prior to August
5, 1999, you are required to hold the public meeting. This is true even if you plan to
discontinue the use of the chemic als reported in the Risk Management Plan or withdraw
your Plan prior to February 1, 2000 .
Facilities that filed Risk Management Plans only for Program 1 processes are exempt.
These are facilities that reported no potential for off-site consequences.
What Kind of Meeting?
You may host your own meeting. You may make the presentation as part of another
public meeting such as a city council or county commission meeting. You may also use
forums such as a meeting of the local emergency planning committee , fire district board
~~b'1~~!,1 ~~d en Road of directors or other elected or appointed public groups . More than one facility can
Golden, co 80401 participate in the same meeting .
(303) 273-1622
GUIDANCE DOCUMENT
September 16, 1999
Pae 2
What is Public Notice?
We believe that "reasonable" notice requires the facility to announce the meeting broadly in
the community. Published agendas of elected or appointed public groups would be acceptable .
Mailed notices in utility bills or in community newsletters are also acceptable. Other
approaches such as direct mail, newspaper ads, radio announcements and similar efforts are
acceptable . In general you should use the means typically used in your community to inform
the public of important events .
What Information Must be Provided at the Public Meeting?
It is not necessary to provide a copy of the risk management plan or the off-site consequence
information as filed with EPA; however, it may be easier to do so. You must, at a minimum ,
provide a summary of this information. We believe that this must include a discussion of facts
regarding the worst case and alternative scenarios for your facility. We believe that this
discussion must include the name of the chemical involved, the radius of the off-site
consequence, the population impacted, the major private and public facilities impacted and, in
the case of the alternative scenarios, a brief description of the scenario .
This summary must be prepared by the facility. It is not possible or appropriate to ask the
LEPC or fire department to prepare this summary.
Recommendations
We suggest that you contact your local emergency planning committee and fire department
prior to planning your public meeting. It will be necessary to educate these groups on your
plan as they likely have not seen it or conducted any review of the off-site consequence. In
general meetings held prior to July 21, 1999 are not adequate to satisfy this new requirement.
We recommend that each facility hold or participate in a new meeting prior to February 1,
2000 so that they can be more certain of compliance.
We strongly suggest that public meetings be held as part of a local emergency planning
committee meeting or other routine public meeting and that all facilities in a community or area
participate in one meeting. In this fashion it will be possible to have representatives of the
LEPC or fire department present to discuss community emergency plans and response
capabilities and, in some cases, to explain the requirements of the risk management plan
program. Not all LEPCs will be able to perform this function. We will assist facilities and
LEPCs upon request.
We believe that the most effective format for these meetings will be to emphasize facility
prevention programs and emergency response capabilities should an accident occur. While you
must provide a summary of the off-site consequence, we believe that the public will be most
interested in accident prevention and response issues. We believe that graphic depictions, such
as maps or aerial photos should be used to promote understanding.
Further assistance, including copies of the legislation, can be obtained from Commission
Member Timothy R. Gablehouse. He may be reached at (800) 818-0050 or (303) 572-0050.
To: Bob Stewart
From: John Bock, Englewood Water and Sewer Department
Date: December 16, 1999
Subject: Duggan Property Subdivision Requirements
Following are the Utilities Department, City Code Title 12 requirements that must
be met for the Duggan parcel to be subdivided. All drawings shall be submitted
and approved by the Utilities Department before subdivision approval:
1. At present, all of the buildings on the site share a common, private sewer
system. The Englewood Municipal Code requires separate, direct
connections to a public sewer for each building (12-2-4:A). To bring the site
into compliance, the public sewer on the west side of the site must be
extended to the east a distance which will enable all of the sewer service
lines to be separately and directly connected to it. The extended sewer
main must be in an easement dedicated to the City of Englewood. If the
service lines enter the adjoining property, adequate easements must be
provided. Engineered plans for the sewer extension and service lines must
be submitted to and approved by the City of Englewood prior to subdivision
and construction .
2. Of the four buildings on the site, three of them (the gas station store, the lube
shop and the warehouse) are served water through a one and one half inch
meter (1 W'), and the other (the car wash) is served through a one inch (1 ")
meter. Upon subdivision of the site, the car wash and the gas station store
will be in lot one, and the lube shop and the warehouse will be in lot two.
The Englewood Municipal Code prohibits the extension of water service from
one premises to another (12-1B-7:A). To bring the site into compliance, the
gas station store must be disconnected from the water service line serving
the lube shop and warehouse (lot two) and either connected to the water pipe
serving the car wash or given a new tap on the water main in Union. An
easement must be provided for the water service line serving the buildings in
lot two. The easement shall be written such that it grants lot two full and
unhindered access to the water line and, should repairs become necessary,
does not require the owner of lot two to restore the ground surface of lot one
(concrete or asphalt) to its original condition. These easements shall be
recorded at Arapahoe Coounty.