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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 F:\WP700CS\2000\Compmp\'P&MAspc:t1Glt!Yl> t2l900-DBr012111a1l. wpd · Dec-19-00 05: 03pm From-BERNSTEIN ' 4 W OFF I CE 9016BZ6658 T-143 P.05/06 F-993 .._) 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: F :IWP7DOCS\20001Rl~t\/\G·Gencr~!IP&MAG -1 2 l SOO-L i ~~i.-r~cmcnl( !.lt i 1Crox ~X3 J. '"f'll -3- 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- r ·.W!'700CS" 1000'R kst 'J\G -G c n ~r~LP &M A G -12 1 800-L1 cc:nscA 1;rcem<:nl(t Jt i lC ross J(3J 1vpd · 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- F 1WP7DOCS\2000\Rlcst\AG-Gencr;i l1 rd:MAG-t 2 ! 800-L i censcAgr~c:mcn1 (U1 i!Cr1i~1 ;(3 ). "'Pd · 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- F \WP7DOCS\2000 \RlcroAG-Gencr.:1 1P&MAG· t2 t 800-Licen&cAgrccmcntl Uti1CrouJ(3 ). wJX1 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 --------------~·\, ~NTER 51':CilON :Z9 T. 5 S. R. EiB W. ISTH P'.M. l \ '"' '\" ., WOLHURST LANDING • I i ,..z.. . \ ·~ I ~'\ ... I ..-':\.o. ' \ ~\~-I I ""· ''\ ... "' j ~ \\ POINT oF BFXINNINC '\ i:., • ~ E:AS£Jtl£Nr NO. 2 j!g i :i:!3 \ i!! \ ~I. \ ~1~ \ ij~ \ ! \ I \ i \ \ \ '~ "-1\ ~ ~\~ ,.. \...: POINT or BEGINNING ~-\ -. EASEMENT NO. 1 \-.;; I OFFICE LE::GAL D£SCRIPT10N ONL. Y ' I I , • I I i • • I ' i ' ' • I I I ' I I ,. ' i -------·-----DETAI L -EASEMENT NO. 2 DETAIL -EASEMENT NO. 1 4" PVC .SLEEVE I T 7-- t -t. I T t -I- I r t DETAIL EASEMENT •l POWER 8c TELEPHONE CROSSING I I ------+- SI~ ITYPll : =r=rn=r=r=r=;=;:~;=::;::::~ l I ~ ! I ,. PVC EEVE -----......J a: a: - r1111111111111 I I I l I! I I' I I~ 11 I I I I I I N IV? I I ~~ I I ~ I 1~ t- I I ~ I It; ~I I I I I I I I I I 7.~oo / I J I I I I I I I I I I I I I T + 1 I T ·+ -· 1 I N T + 1 l I T I T t l I T + DETAIL • EASEMENT •2 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 I of2 ABO UT US!:-iEt? ARCH IVES BUS!NESS CLASs:u=-;:;:')S COM MU1 IT" DISCI JS:SH M LIF ES7 YL':S MAR KETPLACE NEWS -Columbine -Columnists -JonBenet Ramsey -Legislature -National News -Obituaries -Politics -Stad ium -World News 5POR;-- WcAT!-iER D::>O 'JlAtN SEARCH DPO: ,.,,,. .Ernajl Us Bil· 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