HomeMy WebLinkAbout2001-03-13 WSB AGENDAWATER & SEWER BOARD
AGENDA
Tuesday, March 13, 2001
COMMUNITY DEVELOPMENT CONF. ROOM
(East conference room, 3rd floor)
1. MINUTES OF FEBRUARY 13, 2001 MEETING. (ATT . 1)
2. ASPEN GROVE-UTILILTY CROSSING AGREEMENT. (ATT. 2)
3. OTHER.
"
WATER AND SEWER BOARD
MINUTES
FEBRUARY 13, 2001
A TT,
The meeting was called to order at 5:04 p.m.
Members present:
Members absent:
Wolosyn , Clark, Bums, Higday, Cassidy ,
Otis, Habenicht , Kasson, Bradshaw
None
1. MINUTES OF THE JANUARY 9, 2001 MEETING.
The Englewood Water and Sewer Board Minutes from the January 9, 2001 meeting were
approved.
Mr. Otis moved;
Mr. Habenicht seconded:
Ayes :
Abstain:
Nays:
Members absent:
Motion carried.
To approve the January 9, 2001 Englewood
Water and Sewer Board Minutes .
Wolosyn, Clark, Bums , Cassidy, Habenicht,
Bradshaw, Kasson, Otis
Higday
None
None
2. SWEDISH MEDICAL CENTER EXPANSION.
The Board received a request from the Swedish Medical center for an Enc roachment
Permit and a Grant of City Ditch Crossing License for a proposed expansion that would
infringe into the City ditch's 20' easement with an overhand and supporting column. The
crossing agreement is for the overhang necessary for the expansion and will be
approximately 21' above the City Ditch easement. This would not interfere with City
I
Ditch operations and repairs. The Encroachment Permit is for the supporting column
necessary for construction that requires 16 square feet within the City Ditch right-of-way.
Mr. Higday moved ;
Mr. Otis seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To recommend Council approval of the City
Ditch Encroachment Permit and the Grant of
City Ditch Crossing License for the Swedish
Medical Center expansion .
Wolosyn, Clark, Bums, Cassidy , Habenicht,
Bradshaw , Kasson , Higday , Otis
No ne
None
3. AMENDMENTS TO THE STA YBRIDGE AND TOWNE PLACE SUITES
HOTEL AGREEMENTS.
-
John Bock, Englewood Utilities Manager, appeared before the Board to discuss the
proposed modification to the Hotel Sewer Tap Agreements for Towne Place Suites by
Marriott and the Staybridge Suites Hotel. The proposed modification will change the
maximum daily con s umption from being based on 100 gallons per occupied room to 100
gallons per day times the total number of sewer taps purchased under the original
agreement. The Amendment would more accurately reflect the capacity that was
purchased under the Hotel Sewer Tap Agreement.
Mr. Higday moved;
Mr. Habenicht seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To recommend Council approval of the
proposed Amendments to the Staybridge and
Towne Place Suites Hotel Agreements.
Wolosyn, Clark, Bums, Cassidy , Habenicht,
Bradshaw, Kasson, Higday, Otis
None
None
4. STORMWATER BONDS.
Stu updated the Board on status of the upcoming proposed Stormwater Bonds. An
engineering firm has been retained to compile a request for bid. The City's Engineer
noted that the Hampden Ave. portion of the project may require just a point repair, which
could be completed by Utilities personnel.
5 . BI-CITY PLANT EXPANSION.
Stu discussed the proposed Bi-City Wastewater Treatment Plant expansion and the State
permit which was applied for several years ago. The Bi-City Plant has the capacity to
treat 36 mgd, but the existing permit only allows the plant to treat 32. Stu noted that an
expansion is necessary to accommodate growth and upcoming nitrate standards. If a
permit is not granted, a moratorium may be necessary.
Stu estimated that the bid will probably come in around $60 million and that a substantial
rate increase will be required . It w as noted that c apital costs may be split by u sage which
would require a contract change with Littleton. Mr. Higday voiced concerns about the
rate increase to Englewood citizens. Ms. Bradshaw suggested that incremental increases
be considered to ease the impact to citizen s. Mr. Habenicht and Mr. Higday discussed the
impact of having the Bi-City Plant located in Englewood. Mr. Kasson recommended
informing Englewood citizens early of the impending rate increase. Mr. Fonda noted that
the final bonding would be in 2003 and recommended Brown & Cauldwell be retained to
s tart preliminary engineering de s ign for $450 ,000.
Mr. Higday moved;
Mr. Otis seconded:
Ayes:
Nays :
Members absent:
Motion carried.
Motion carried.
To approve the Preliminary Design Study
with Brown & Cauldwell for the Bi-City
Wastewater Treatment Plant Expansion
Project.
Wolosyn, Clark, Burns, Cassidy, Habenicht,
Bradshaw, Kasson, Higday , Otis
None
None
The meeting adjourned at 5:50 p .m.
The next meeting will be held March 13, 2001 at 5 :00 p.m.
Respectfully submitted ,
Cathy Burrage
Recording Secretary
' Dec-19-00 OS:OZ)lm From-BERNSTEI~ '4W OFFICE
BERNSTEIN
LAW OFFICE
555 PDUCINS EXTENDED
SlJITElSO
MEMPHJS, UNNESSt:f 38117
TELEl'HONE; (901) 682~1
FAX: (901)682-6658
Mr. Daniel L. Brotzman
City Anomey
City of Englewood
1000 Englewood Parkway
Third Floor, Room 3-126
Englewood, CO 80110
9016826658 fiTT. 2
December 19, 2000
MlCW:LLE M. BE.RNSRTN
USAA. SAMMONS
VIA FACSIMILE: (303) 783-6892
AND FEDERAL EXPRESS
RE: Englewood City Ditch -Utility Crossing License
Dear l\tfr. Brotzman:
Enclosed herewith, please find two (2) originals of the License Agreement allowing utility
lines and utility conduit trenches to cross portions of the Englewood City Ditch right-of-way, which
License Agreement has been revised to delete a portion of the assignment language in response to
your letter of December 15, 2000.
In your letter of December 15 , 2000, you indicated that the License Agreement will have to
go to the Englewood Water and Sewer Board for review and then on to the City Council by
ordin.a.c.ce. Previous discussion with Nancy Reid resulted in a preliminary determination that this
License Agreement would have to be approved by the Water and Sewer Board, but would probably
not have to go through the ordinance process.
Construction of the utility conduits and trenches is set to begin in early January. Please give
me a call as soon as possible to discuss the approval process for this License Agreement.
MMB/rc
cc: Mr. Josh Poag, Poag & McEwen (via facsimile only, with enclosure)
Enclosure
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· Dec-19-00 05: 03pm From-BERNSTEIN ' 4 W OFF I CE 9016BZ6658 T-143 P.05/06 F-993
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13. Termination. Upon abandonment of any right or privilege herein granted, the right
of Licensee to that extent shall terminate, but irs obligation to indemnify and save harmless the City,
its officers, employees and agents. subject to C.R.S. 24-10-101, shall not terminate in any event.
14 . Assignment. Licensee may assign all of its rights and obligations pursuant to this
License to any entity which acquires title to the AGLCP Property. The foregoing notwithstanding,
this License is assignable only with the written permission of the City, which permission will not be
unreasonably withheld, conditioned or delayed .
In granting the above authorization, the City reserves the right to make full use of the
Englewood City Ditch Right-of· Way as may be necessary or convenient in the operation of the water
works system under the control of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and
day first above written.
CITY:
CITY OF ENGLEWOOD
Acting through and by its
Water and Sewer Board
By : ___________ _
Chairman
LICENSEE:
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APPROVED:
Stewart Fonda
Director of Utilities
Aspen Grove Lifestyle Center Properties, LLC
a Delaware Member -managed limited liability
company
By: Poag & McEwen Lifestyle Centers-
Littleton, LLC, its M"er
By: 9~1-4.; Li 'fl'/?
Title : ~ f c rf n17
Dec-19-00 05:02pm From-BERNSTEIN '~w OFFICE 9016826658 T-143 P.03/06 F-993
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, made and entered into as of this day of
--------, 2000, by and between the City of Englewood, a municipal corporation of the
State of Colorado, acting by and through it s Water and Sewer Board [the "City"] and Aspen Grove
Lifestyle Center Properties, LLC, a De laware Member-managed limited liability compan~ its
successors and assigns ["Licensee"].
WHEREAS , Licensee is the owner of certain real property located in Arapahoe County,
Colorado , which property lies in the south half of Section 29, Township 5 South, Range 68 West of
the Sixth Principal Meri di~ County of Arapahoe, State of Colorado [the "AGLCP Property"]; and
WHEREAS , In connection wi th me Licensee's development of the AGLCP Property, the
parties de sire to a11o w me Licensee to install and maintain utility lines and utility conduit trenches
in that part of the Englew ood City Di tch R ight-of-Wa y depicted on E xhibit A attached hereto and
made a part hereof [the "Englewood City Ditch Right-of-Way"].
NOW, THEREFORE, In consi derat ion of the premises and the mutual covenants of the
parties , more panicularly hereinafter set forth , the ade quac y and sufficiency of which are hereby
acknowledged, it is agreed as follows:
1. License Granted . The City, without any warranty of its title or interest whatsoever,
hereby authorizes Licens ee, its successors, assigns, contractors , and sub-contractors, to install,
construct. enlarge , repair, replace, remove, and maintain underground utility lines and conduit
trenches , including but not limited to gas, water, electricity and telephone lines , and all
appurtenances related thereto [the "Licensed Uses''], vvithin , through, over, under and across the
Englewood City Ditch Right-of-Way in those locations depicted on Exhibit B attached hereto and
made a pan hereof [the "Licensed Areas"].
2. Citv Approval ofU se . Any construction or use contemplated or perfom1ed under this
License shall comp ly with and conform to standards fonnu lated by the Director of U tilities of the
City of Eng lew ood and uniformly app lied to such crossing licenses, and such construction and use
shall be performed and completed according to plans approved by the City, which approval shall not
be unreasonab ly wi thheld, conditioned or delay ed.
3 . Citv Notice . The Licensee shall notify the City's Director of Utilities at least three
(3 ) days prior to the time of commencement of the construction of, or any repairs made to , the
Licensed Uses so that the City may, in its dis cretion, inspect such operations .
4 . Resrnration . Within thirty (30) day s following the date of commencement of
construction of the Licensed U ses, the Licensee shall complete such construction, place and maintain
permanent, visible markers, of a type and at such locations as designated by the City 's Director of
Utillties , and shall clear the Licensed Areas of all construction debris and restore the area to its
prev ious condii:ion as near as may be reasonable . In the event the placing of the markers and the
clearing and restoration of the Licensed Areas is not complet ed vvithin the time specified, the City
-1-
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· Oec-19-00 05:02Pm From-BERNSTEIN 1 1 W OFFICE 9016826658 T-143 P.04/06 F-993
may complete the work at the sole expense of the Licensee. All trenches or holes within the City's
rights-of-way shall be backfilled and tan1ped to the original ground line in layers not to exceed six
(6) inches loose measure to a compaction of ninety percent (90%) Standard Proctor Maximum
Density.
5. C itv' s Rights. The City shall have the right to maintain, install, repai.I; remove or
relocate the City Ditch or any other of its facilities or installations within the Englewood City Ditch
Right-of-Way, at any time and in such manner as the City deems necessary or convenient. The City
reserves the exclusive right to control all easements and installations over the Englewood City Ditch
Right-of-Way.
6. Repair or Replacement. Any repair or replacement of any City installation made
necessary, in the reasonable opinion of the City 's Director of Utilities, because of the construction
of the Licensed Uses or other appurtenant installation thereof, shall be made at the sole expense of
the Licensee.
7. Incorporation into Contract. Thi:! stipulation and conditions of this License shall be
incorporated into contract specifications ifthe use herein authorized is to be done on a contract basis.
8. License Subject to Pri or Agreements. The rights and privileges granted in this
License shall be subject to prior agreements , licenses and/or grants, recorded or unrecorded, and it
shall be the Licensee's sole responsibility rn dernnnine the existence of said documents or conflicting
uses or installations.
9 . No Interference of Public Services. Licensee shall contact and fully cooperate with
the City's personnel and the construction of the Licensed Uses shall be completed without
interference by Licensee with any lawful , usual or ordinary flow of water through City Ditch.
Licensee asswnes all liability for the presence of storm waters or surface waters in City Ditch arising
out of the Licensed Uses .
10 . Licensee's Liability. Licensee, by acceptance of this License, expressly assumes full
and strict liability for any and all damages of every nature to persons or property caused by water
from City Ditch leaking through the Ditch banks or pipeline at the point or points where Licensee
performs work in connection with the crossing license provided hereby. Licensee assumes all
responsibility for maintenance of the installation of the Licensed Uses.
11 . Indemnification. Subject to C.R.S. 24-10-101 , et. seq., Licensee sh.al l indemnify and
save harmless .the City, its officers and employ ees against an y and all claims, damages, actions or
causes of action and expenses rn which it or they may be subjected by reason of said Licensed Uses
being within and across the Englewood City Ditch Right-of-Way or by reason of any work done or
omission made by Licensee , its agents or employees, in connection with the construction,
replacement, maintenance or repair of said Licensed Uses.
12. Remedies. It is expressl y agreed that in case of Licensee's material breach of any of
the within promises, City may, at its option, have specific perfonnance thereof, or sue for damages
resulting from such breach.
-2-
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· Oec-19-00 05:03~m From-BERNSTEIN '4Yi OFFICE 90168Z6658 T-143 P.06/06 F-993
STATE OF Tenr?e>Se.e.
COUNTY OF $heL~
On this the I~ ~y of vec..eV'-1. her . 2000, before me personally appeared
:J05n ti~ n. PD0~ known to me to be the Xe ce.-foi ~ of Poag & McEwen
Lifestyle Centers Linlc(on, LLC, a Delaware limited liability comp~ and acknowledged that
h .e....-executed the within and foregoing instrument, and acknowledged the said instrwnent to be
the free and voluntary act of said limited liability company for the uses and purposes therein
mentioned, and on oath stated that hf,.... was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written. ~ ~
Notary Public 7
~ I 2 _ ~~ J Address
My Commission Expires: __,rff~--r-+--J__,_._~ __ Cf-_
Prepared by and Return to : Lisa A. Sammons
Bernstein Law Office
555 Perkins Extended, Sui1e 250
Memphis, Tennessee 3 8117
(901) 682-6658
-4-
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JAN. 8.2001 · r 5:26PM :ro~AVID EVANS & ASSOC N0.411 ,.._ e2
BELL SURVEYING COMPANY
SOO KALAMAn-1 ST. • CENVER, CO. 80204 c ~o~ ) 629-01ss f/4X. 623-7709
DATE : 1/05/2001 ~ '-
Ordered By: DAVlO EVANS &: ASSOCIATES ~
Drawing No.
0101-10.3
SHEET 1 OF' 2
EXHIBIT A
CROSSING LICENSE AGREEMENT EXHIBIT
EASEMENT NO. 1
A CROSSING LICENSE F'OR UTllliY PURFOSE'.S OVER A PORTION OF THE: EAST 1 /2 OF SECTION
29. TOWNSHIP S SOUTH, RANGe: 6S WEST OF THE 6TH F'.M., COUNTY OF' ARAP~HOE, STATE OF'
COLORADO. SAID L ICENSE BEING 10.00 FEET IN WIQT'~ BEING 5.00 F'EET ON EACH SIDE OF THE
FOLLOWINC OE:SCRIBED CENTERLINE:
BECINNINC AT A POINT ON THE NORTHWESTERLY R.O.W. LINE OF THe: CITY CITCH, WHE:NCI::
THE CENTER OF SAIO SECTION 29 BEAAS N 07'07'11" W A DISTANCE OF 2.20-4-.7'4 FEET;
THENCE: S 04-"-+~·22· E 25.00 FEE'T TO THE POINT OF' TER~INUS ON THE SOUTHEASTERLY
R .O.W. LINE OF' THE CITY OrTCH R.O,W.
FOR THE PURPOSF.S OF THIS DESCRIPTION THE BASIS OF BEARINGS IS THE NORTH-SOUTH
CENTERLINE: OF SAID SECTION 29 BEJNG N 00408'23" E.
EASEMENT NO. 2
A CROSSING LICENSE: F"OR WATER LINE PURPOSES OVER A PORTION OF THE OST 1 /'2. OF
SECTION 29, TOWNSHIF' 5 SOUTH, RANGE 68 WEST OF THE 6TH P.M .. COUNTY OF' ARAPAHOE,
STATE 01=' COLORADO , SAID LlCENS£ BEING 30.00 F'Eirr IN WIDTH BEINC 10.00 FEET ON THE
NORTHE:ASTERLY sroe: ANO 20.00 F'EET ON THE SOUTHWE.STERLY SIOE OF' THE FOLLOWINC
DESCRIBED CENTERLINE:
BEGINNING AT A POIN1' ON THE NORTHWESTERLY R.O.W . WNE OF THE CJ'TY OITCH, WHENCE
THE CENTER OF SAID SECTION 29 B~S N 35" 10'08" W A DISTANCE OF 11 12.26 F'E.::T:
H-iENCE S 81'52'40" E 55.00 FEET TO THE POINT OF TERMINUS ON THE SOUTHEASTERL.Y
R.O.W. LINE OF' THE: CITY DITCH R.O.W.
FOR THE PURPOSES OF' THIS DESCRIPTION THE BASIS OF' BEARINGS 15 THE NORTH-SOUTH
CENTERLINE OF SAIO SECTION 29 BEING N 00'08'23" E.
OFFICE LEGAL DESC~IPTION ONLY
---:-;.:JAN. 8.2001-' S:27PM ;e6 DAVID EVANS & ASSOC N0.411 P.3/S P. as
BELL SURVEYING COMPANY
500 l<A~TH ST. • DENVER. CO. 8020~
( 30.:3 ) 629~0165 F"AX 62.J-7709
DATE: 1 /05/2001
Ordered By: OAVIO ~ANS &< ASSOCIATES ~
EXHIBIT A
Crowing No.
0101-10.3
SHEET 2 OF 2
CROSSINC LICENSE AGREEMENT EXHIBIT
--------------~·\,
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WATER LINE CROSSING
Water wa r churns over kayak
course
By Stacie Oulton
Denver Post Staff Writer
Mar. 11, 2001 -A modern-day water war is set to kick off Monday in a quiet
Greeley courtroom over who controls Clear Creek.
The battle pits the state aga inst Golden over the city's effort to secure
"instream" flows for its Clear Creek kayak course, which town officials estimate
brings in $4 million a year to merchants and others.
Golden City Manager Mike Bestor said, "It is a critically important
case for Colorado with all the debate over growth ... -. We are confident in the
justness of our cause." Dozens of cities have or plan similar boat courses, and
many (including Littleton and the Gunnison area) have asked for instream water
rights. Fort Collins has secured such a right for its boat course.
The Colorado Water Conservation Board, the agency charged with
maximizing the use of streams and rivers, sees it all differently. Deputy director
Dan McAuliffe has said Golden is seeking too much water. The state's attorney
in the case couldn't be reached for comment.
The state fears that if Golden secures its right for the kayak chute, it would
set the course for other communities to make large claims, says a water board
memo. That could pit recreational rights against drinking-water rights for towns
upstream, such as Silver Plume, the board and others worry.
"The possible effects on water development within a river basin have been
described as "potentially devastating,'-" the memo said. The stateargue in court
that Golden has failed to show that t he instream right would put creek water to a
beneficial use, a basis for securing a right under Co lorado water law. Golden wi ll
counter that several state cases say recreational water use is as
beneficial as watering lawns and golf courses, and serving domestic needs.
Golden recently gave Clear Creek County 25 acre-feet of water in the .
creek and the option to buy an added 100 acre-feet over the next 10-15 years.
One acre-foot serves a family of four for a year.
That option mollified Clear Creek County but left towns such as Silver
Plume and Empire worried about future water. Operators of the Georgetown
Loop steam train, which gets its water from Silver Plume, also is worried about
supply.
The towns have such junior rights on the creek that in dry spells, their
supply is cut off to serve those with more senior righ ts downstream . Golden's
case could make it tougher to find senior rights to bolster their supply, town
officials say.
That's "misinformat ion," Bestor said. A kayak water right would be so
junior that it would have no effect on whether Silver Plume and others could buy
senior rights.
DenverPost.c9m -News: Colorado and Denver wysiwyg://26/http ://www.denverpost.com/news/news0313p .htm
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The Denver Post
rrna Crnssiag
__ __J
Golden: Support kayak course
By St di" 01utoo
Denver Post Staff Writer
Mar. 13, 2001 -GREELEY -Golden is thirsty to maintain its
high-profile kayak course, but the state argues the course on
Clear Creek will become a water glutton in need of diet.
Those were the lines drawn in a modernday water war that opened
in Water Court here Monday. Observers say the case is important
in determining whether new economic desires for recreational
opportunities will win out over old state interests concerned with
development.
But the case also has raised concerns that it could leave upstream
users, including the Georgetown Loop train, without water -a
charge Golden says is hype.
Golden is asking for a new water right that will guarantee a water
flow through the city's popular course, which has attracted several
national events in the three years it has been open.
"This course has captured the imagination of the nation," said
Glenn Porzak, Golden's water attorney.
The course has recently been ranked in the top 10 in the nation,
he told District Court Judge Jonathan W. Hays, who will decide the
case.
The city will argue during the three -day trial that the water right
Golden is r equesting is needed to maintain the course's national
standing. The city plans to spend at least another $150,000 to
expand the quarter-mile course another half mile.
Porzak noted that water users such as Georgetown, Clear Creek
County and others settled their objections after Golden gave
upstream users the ability to obtain 125 acre-feet of water in the
coming decade.
But the state attorney general's office countered that Golden's
dream is just too much . Steven Sims, first attorney general, noted
in his opening statement that Golden wants 1,000 cubic feet per
second of water flowing through the course during the summer,
which he said occurs only nine days of the year.
Copyright 2001 The Denver Post. All rights reserved.
This material may not be published, broadcast, rewritten or redistributed.
DPO from A-Z •
03 /13 /2001 7:41 AM