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HomeMy WebLinkAbout2003-06-10 WSB AGENDAWATER & SEWER BOARD AGENDA \Ve dnesda y,Junel 0,2003 PUB LIC W ORKS CONFEREN CE ROOM 1. MINUTES OF THE MAY 14, 2003 MEETING. (ATT . 1) 2. GUEST : RUTH STEEL -KENT VILLAGE WATER QUALITY. 3. LETTER FROM DAVID HILL DATED MAY 5, 2003 RE: GASP. (ATT. 2) 4. MARK COLEMAN -620 E . BATES AVE. -CITY DITCH LICENSE AGREEMENT. (ATT. 3) 5. OTHER. WATER AND SEWER BOARD MINUTES May 14, 2003 A /7. I The meeting was called to order at 5 :03 p.m. Members present: Members absent: Also present: Moore, Higday, Kasson, Bradshaw, Habenicht Wolosyn , Clark, Cassidy, Otis Stewart Fonda, Director of Utilities 1. MINUTES OF THE APRIL 8, 2003 MEETING. The Englewood Water and Sewer Board approved the minutes from the April 8, 2003 meeting. Mr. Kasson moved; Ms. Bradshaw seconded: Ayes: Nays: Members absent: Motion carried. Mr. Cassidy entered at 5:10 p.m. Mr. Clark entered at 5:15 p.m. To approve the Minutes from the April 8, 2003 Englewood Water and Sewer Board Meeting . Moore, Higday, Kasson, Bradshaw, Habenicht None Wolosyn, Clark, Cassidy, Otis 2. GUEST: PHIL MARTIN -MARTIN & WOOD ENGINEERS. Phil Martin of Martin & Wood Engineers appeared to discuss conditions encountered during the drilling of the Golf Course well. During drilling the engineer noted an absence of developed sands in the cuttings samples . When the geophysical logs were run, it turned out that at this location, the Lower Arapahoe Basin was almost devoid of sands and therefore, water. Martin & Wood submitted an emergency request to the State Engineer's Office and a permit was issued to complete the well as an Upper Arapahoe Aquifer well. The contractor filled the borehole back up to the separating layer between the Lower and Upper Arapahoe Basins and then placed a cement grout plug between the separating layers. The new well is expected to produce at least 50 to 60 gpm on a continuous basis. This equates to approximately 80 to 95 acre-feet per year. Stu noted that because the well will be shallower, it will be more efficient by using a smaller pump and lower lift. The Englewood Golf Course has expressed an interest to buy half the water produced by this well. Mr. Martin noted that drilling has begun on the McLellan Reservoir site and because sands have already been proven to be there, they are more optimistic about finding water. 3. WELL AGREEMENT -1130 E. KENYON A VE. Edwin and Madelyn Winstead submitted a well agreement for their well at 1130 E. Kenyon Ave. The owner agrees to install a backflow prevention valve and not allow a cross-connection between the City 's water and the well. Mr. Higday moved: Mr. Kasson seconded: Ayes: Nays: Members absent: Motion carried. To recommend Council approval of the Well Agreement for 1130 E. Kenyon Ave. Clark, Moore, Higday, Cassidy, Kasson, Bradshaw, Habenicht None Wolosyn, Otis 4 . CENTENNIAL AGREEMENT FOR TEMPORARY LEASE OF RETURN FLOWS. Englewood injects granular activated carbon to improve water quality into a forebay near Union Ave. and S. Platte River, but the process creates blackened water that cannot be directly introduced into City Ditch for exchanging. Clear water can be exchanged up City Ditch but must be pumped into the ditch from a forebay adjacent to the Allen Plant. Englewood has no pump or pipe for pumping this forebay, but Centennial is agreeing to provide and install the pump and pipe at Centennial' s sole expense. Centennial owns reusable wastewater return flows to the S. Platte River and Englewood has means to re-divert these flows at Union A venue and either use them or redeliver to Centennial. The proposed agreement would divert the return flows and pay Centennial $85 .00 an acre-foot for the flows, plus pumping costs. Centennial would acquire all return flows delivered to McLellan Reservoir that are not acquired by Englewood and shall pay Englewood $30/acre foot, plus pumping costs. Englewood will pay Centennial $85 per acre foot for all return flows it acquires from Centennial and Centennial shall pay Englewood $30 per acre foot for return flows acquired by Centennial from McLellan Reservoir. Mr. Kasson moved; Mr. Habenicht seconded: Ayes: Nays: Members absent: Motion carried. To recommend Council approval of the Agreement for Temporary Lease and/or Re- Diversion of Reusable Return Flows of Water Agreement with Centennial Water and Sanitation District. Clark, Moore, Higday, Cassidy, Kasson, Bradshaw, Habenicht None Wolosyn, Otis 5. DENVER AREA WATERING RESTRICTIONS. The Board received a Denver Post article dated April 16, 2003 discussing Denver area watering restrictions. Mr. Fonda noted that Englewood currently does not have watering restrictions, but is encouraging residents to follow Denver's schedule. If flat-rate residents are caught wasting water they will be notigfied and if incidents continue, will be required to go on a water meter. 6 . GRANT OF STORM SEWER AND WATER LINE EASEMENTS FOR ENGLEWOOD ENVIRONMENT AL FEDERATION. Property located at W. Girard A venue and Englewood Parkway is currently owned by the Englewood Environmental Foundation, Inc. (EEF). The EEF is selling the property to an investment group for construction of a medical building, and is satisfying the title company's requirements to grant easements to the City of Englewood for a storm sewer and water line . Englewood 's Cit y Attorney has reviewed the easements. Mr. Kasson moved; Mr. Otis seconded: Ayes: Nays: Members absent: Motion carried. To recommend Council approval by Ordinance of the storm sewer easement and the water line easement dedication by the Englewood Environmental Federation to the City of Englewood. Clark, Moore, Higday, Cassidy, Otis, Kasson, Habenicht None Wolosyn, Brad ~haw 7. LICENSE AGREEMENT FOR 4901 S. LIPAN DR. Mr. Michael Dryer, owner of 4901 S. Lipan Dr., submitted a License Agreement to cross the City Ditch with an asphalt driveway and maintain the City's easement along the enclosed ditch. The proposed asphalt drive would provide access and parking to his garage. The License Agreement will allow Mr. Dryer to install and maintain an asphalt surface in the existing ditch easement for improved appearance and to minimize maintenance and safety concerns. The Licensee expressly assumes full and strict liability for any and all damages of every nature to person or property caused by the point or points where the Licensee performs any work in connection with the crossing provided by the Licensee. The City reserves the right to make full use of the property necessary in the operation of the City Ditch. Englewood will maintain their easement and the right to install, repair remove or relocate the City Ditch at any time deemed necessary. Mr. Kasson moved; Mr. Higday seconded: Ayes: Nays: Members absent: Motion carried. To recommend Council approval of the License Agreement to maintain a portion of the City Ditch at 4901 S. Lipan Dr. Clark, Moore, Higday, Cassidy, Otis, Kasson , Habenicht None Wolosyn , Bradshaw 8. CITY DITCH LICENSE AGREEMENT -BLAKELAND. Granshady, LLC submitted a City Ditch License Agreement for crossing the City Ditch at Santa Fe and Blakeland with a 12" Denver water main. This crossing will provide a looped water system to a 4-1 /2 acre parcel to be developed into retail/commercial space. The Denver Water main will run parallel to Englewood's City Ditch easement on the property owned by the Corps of Engineers and the Colorado State Park System and will cross Englewood's City Ditch at Santa Fe. Englewood's City Attorney and the Utilities Engineer have reviewed and approved the City Ditch License Agreement. Mr. Habenicht moved; Mr. Otis seconded: Ayes: Nays: Members absent: Motion carried. 9. COLORADO SNOWPACK. To recommend Council approval of the City Ditch License Agreement for a water line crossing to Granshady, LLC. Clark, Moore, Higday, Cassidy, Otis, Kasson, Habenicht None Wolosyn, Bradshaw The Board received a memo from Denver Water reporting on the most recent data collected from the Natural Resources Conservation Service. The report states that Colorado reached a near average peak snowpack accumulation during the month of April. 10. McLELLAN DEEP WELL REHABILITATION. The original McLellan pump station was constructed in 1964. Prior to 2002 the McLellan deep well was used intermittently, usually a few days every three to four months. But due to drought demands, this well is currently being used on a continual basis. It was recently discovered that the pump must be lowered deeper in the well shaft because with continuous use, it overheats and periodically shuts down. It was also noted that the wiring leading from the starter to the pump is inadequate. When the well was initially constructed, a valve was installed to vary the pumping rate, but the frequent use is taxing the motor and piping. A variable frequency drive is proposed to regulate the motor speed to vary flow from the well. Because of the drought and difficulty obtaining competitive bids from drilling companies due to the high demand for their services and the resulting job backlog, a sole source bid was received from McLemore Pump in the amount of $63,885.00 for the rehabilitation of Englewood's McLellan deep well. In this instance, time is of the essence. Because of the electrical problems, the pump is continuously overheating and can cause the pump to fail and the electrical system to be damaged if not repaired immediately. Phil Martin of Martin and Wood reviewed the bid and agreed with the initial proposal, but had concerns about additional work that may be deemed necessary. It was recommended that any additional work is addressed with "Not to Exceed" purchase orders. In his review, Mr. Martin does not anticipate that additional purchase orders will be necessary. Mr. Kasson moved; Mr. Habenicht seconded: Ayes: Nays: Members absent: Motion carried . To recommend Council approval of the bid for rehabil itation of the McLellan deep well pump to McLemore Pump in the amount of $63,885.00. Clark, Moore, Higday, Cassidy, Otis, Kasson, Habenicht None Wolosyn , Bradshaw 11. CITY DITCH LICENSE AGREEMENT FOR FENCE CROSSING -3594 S. BANNOCK ST. The Englewood Water and Sewer Board, at their May 14, 2003 meeting, recommended Council approval by Ordinance of the License Agreement to install a gate across the City Ditch at 3594 S . Bannock St. Ms . Colleen Burke submitted a License Agreement for crossing the City Ditch with a gate at 3594 S. Bannock St. to define the limits of her maintenance responsibility. In the near future Ms. Burke and her adjacent neighbor, Judy Harris, will be applying for maintenance agreements on the City Ditch property behind their homes. Englewood will maintain the use of their easement and the right to install, repair remove or relocate the City Ditch at any time deemed necessary. The License Agreement will allow Ms. Burke to install and maintain a gate in the existing ditch easement for improved appearance and to minimize maintenance and safety concerns. The Licensee expressly assumes full and strict liability for any and all damages of every nature to person or property caused by the point or points where the Licensee performs any work in connection with the crossing provided by the Licensee. The City reserves the right to make full use of the property necessary in the operation of the City Ditch. Mr. Higday moved; Mr. Cassidy seconded: Ayes: Nays: Members absent: Motion carried. To recommend Council approval of the License Agreement to install a gate across the City Ditch at 3594 S. Bannock St Clark, Moore, Higday, Cassidy, Otis, Kasson , Habenicht None Wolosyn , Bradshaw 12 . CONSTRUCTION AND WATER DRAINAGE EASEMENT FOR HIGHLINE CANAL BIKE TRAIL AT COUNTY LINE RD. The Englewood Water and Sewer Board, at their May 14, 2003 meeting, recommended Council approval by Ordinance of the Grant of Construction Easement and Intergovernmental Agreement for Water Drainage Easement of the City of Englewood Property into the McLellan Reservoir. The City of Littleton has submitted a Grant of Construction Easement and Intergovernmental Agreement for Water Drainage Easement for the Highline Canal and Trail Crossing at County Line Road. This will enable construction of a hike/bike trail that will cross underneath County Line Road and continue on the Highline Canal Trail. This is a serious safety concern because hikers and bikers currently cross the busy County Line Road . Construction of the drainage line will allow removal of seepage from the Highline Canal beneath the proposed trail to be discharged into the McLellan Reservoir. A restrictor plate will be installed in the drainage pipe to minimize the amount of flows that would be allowed to enter the McLellan Reservoir. The agreement requires the City of Littleton to monitor discharge flows for quality concerns. If discharge limits are exceeded, a cease and desist order would be issued, as per the agreement. This drainage line is to be used solely for removing seepage from beneath the newly constructed trail at the Highline Canal, and not to be used as a storm water discharge po int. Disturbed areas will be reseeded with a dry land pasture seed mix. The Highline Canal Trail project is to be continued on the south side of County Line Road and will be submitted to the Englewood/ McLellan Foundation for approval. Englewood's City Attorney has reviewed and approved the proposed easements. The existing barbed wire fence will be removed and Englewood will be compensated on a cost-per-linear-foot basis . An Englewood Utilities contractor will install an 8' chain line fence after construction . Mr. Higday mo v ed ; Mr. Cassidy seconded: Ayes: Nays: Members absent: Motion carried. 13. CITY HALL FOUNTAIN. To recommend Council approval of Ordinance of the Grant of Construction Easement and Intergovernmental Agreement for Water Drainage Easement of the City of Englewood property in the McLellan Reservoir. Clark , Moore , Higday, Cassidy, Otis , Kasson , Habenicht None Wolosyn , Bradshaw Because of the extreme drought conditions that the Denver area was experiencing at the time, the Englewood Water and Sewer Board stated in their March 11, 2003 Minutes, "The Board also concurred that the City Hall fountain should not be run this summer." In the last few months Denver has experienced episodes ofrain and snow, including the infamous record setting snowstorm in mid-March . This has resulted in other Denver Metro area water districts, including Denver, to relax their watering restrictions. A number of residents have expressed to Water Board members, staff and the City Manager a desire to once again have the fountain functional. It is viewed as an attractive feature that compliments the new Alexan Center, City Hall and the Library. The Board is recommending to staff and City Council that the use of the City Hall fountain be reinstated. The Water board realizes that in the case of extreme drought conditions, this policy may have to be once again reconsidered. Mr. Higday moved; Mr. Habenicht seconded: Ayes: Nays: Members absent: Motion carried. 14. BUDGET. To recommend Council reinstate the use of the City Hall fountain. Clark, Moore, Higday, Cassidy, Otis, Kasson, Habenicht None Wolosyn, Bradshaw Stu discussed a proposed increase to the Utilities Department's administrative fees as part of Englewood's General Fund. The meeting adjourned at 6:21 p.m. The next Water and Sewer Board meeting will be Tuesday, June 10, 2003 in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary BERG HILL GREENLEAF & RUSCITTI LLP AT TO R N E YS & CO U N S ELOR S AT L A W Jon N. Banashek George V. Berg , Jr. Richard F. Greenleaf Melissa M . Heidman David G. Hill Ike Krasniewicz Thomas E. Merr igan Daniel L. Brotzman. Esq. Cit y of Englewood 100 0 Englewood Parkwa y Englewood, CO SCJ 11 0-0 11 0 Gentlemen : May 5, 2003 Stewart H. Fonda Director of Utilities Cit y of Englewood 1000 Englewood Parkwa y Englewood , CO 80 110-0110 AT~ 2 Karhleen M. Morgan Heidi C. Porrer Susan Tyrrell Richards Giovanni M . Ruscirri Julie S. Schoenfeld Kim A. Tomey Spec ial Counsel : Ne il C. King I wish to report good news on two fro11rs. First, as you know. the unrestrained pumping of the GASP wells has had a very ad verse impact on ou:· 1948 Mclellan priority. It may also have affected our l 865 Nevada priority during last year 's unprecedented drought. The GASP well owners have had huge political support from the go vernor, the attorne y genera l, Senator Owen, the chairman of the Joint Budget Committee, and Representative Diane Hoppe , the chair of the House Agriculture Committee . The Attorne y General supported GASP before the Supreme Court (and personally argued there). Senator Owen and Representati ve Hoppe introduced a bill which would have allowed the wells to continue to pump without full depletion replacement. Nom:ithstanding this power play, we beat them in the Supreme Court , and we beat them in the legislature . In the future, it will be essentially impossible for these wells to be pumped without full replacement of depletions. That is good nevvs tor the McLe ilan priorit y. Second, if you will recall , we opposed the efforts of Aurora and South Park Sportsman's Ranch to operate a bogus scheme whereby they would pump a huge amount of water from an aquifer in South Park, which feeds the river , without replacing the ir depletions. In that case , the Judge just awarded us some $98,000 in costs against South Park Sportsman 's Ranch. I do not know when, if ever, we will be paid . However , South Park Sportsman owns some 23 7 acres in South Park, and we will endeavor to get a judgment lien against the property. We will also investigate whether the principals in South Park Sportsman 's Ranch can be held personall y liable . That organization was initially a general partnership , and the partners were liable for partnership debts . During the course of the legal proceedings, it was changed into a limited liabilit y partnership . We will investigate whether the change came too late to remove personal liability . Costs were awarded to a number of 1468 Pearl Smee • Seco nd Fl oor • Bou lder, Colo rado 80302 P.O . Box 1719 • Boulder. C0 lo rad o 80306 Tel: 303 .402.1600 •Fax : 303.4 02 .1601 Daniel L. Brotzman, Esq. Stewart H. Fonda May 5, 2003 Page 2 other parties, and I do not know whether the available assets will go very far toward paying all the costs which were awarded. (Aurora is not liable for costs.) I will endeavor to expend only as much time as is necessary to determine whether there are available assets which we (and the others) can seize. For your information, Aurora and South Park Sportsman were ordered to pay over $1 million in attorneys fees. We did not seek attorneys fees , principally because the late Tom Griswold, Aurora 's former utilities manager, offered to bail Englewood out after the Petersburg ditch loss. We did not ha ve to ta k e him up on his offer. }~ut his ~esru ;·e wa s :1lw ay s rem P-rnhe;ed . Also . T think Stu and I hav e some qualms about major water pro viders constant ly seekin g fees from one another. Please call if you have questions. Da vid G . Hill Date June 16, 2003 INITIATED BY Utilities Department AT 1 , 3 COUNCIL COMMUNICATION Agenda Item Subject License Agreement for 620 E. Bates Ave. STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their June 10 , 2003 meeting, recommended Council approval of the License Agreement to cross a portion of the City Ditch at 620 E. Bates Ave. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Mr. Mark Coleman submitted a License Agreement to cross the City Ditch with a fence that would separate his property at 620 E. Bates Ave. from the adjacent Bates-Logan Park. Englewood will maintain their easement and the right to install, repair remove or relocate the City Ditch at any time deemed necessary. The License Agreement will allow Mr. Coleman to install a fence in the existing ditch easement to provide privacy and define property boundaries. The Licensee expressly assumes full and strict liability for any and all damages of every nature to person or property caused by the point or points where the Licensee performs any work in connection with the crossing provided by the Licensee. The City reserves the right to make full use of the property necessary in the operation of the City Ditch. FINANCIAL IMPACT None. LIST OF ATTACHMENTS License Agreement Bill for Ordinance Date June 16, 2003 INITIATED BY Utilities Department COUNCIL COMMUNICATION Agenda Item Subject License Agreement for 620 E. Bates Ave. STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION The Englewood Water and Sewer Board , at their June 10 , 2003 meeting, recommended Council approval of the License Agreement to cross a portion of the City Ditch at 620 E. Bates Ave. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Mr. Mark Coleman submitted a License Agreement to cross the City Ditch with a fence that would separate his property at 620 E. Bates Ave . from the adjacent Bates-Logan Park. Englewood will maintain their easement and the right to install, repair remove or relocate the City Ditch at any time deemed necessary. The License Agreement will allow Mr. Coleman to install a fence in the existing ditch easement to provide privacy and define property boundaries. The Licensee expressly assumes full and strict liability for any and all damages of every nature to person or property caused by the point or points where the Licensee performs any work in connection with the crossing provided by the Licensee . The City reserves the right to make full use of the property necessary in the operation of the City Ditch . FINANCIAL IMPACT None. LIST OF ATTACHMENTS License Agreement Bill for Ordinance CITY DlTCH FENCE CROSSING LICENSE AGREEMENT THIS AGREEMENT, made and entered into as of this __ day of ____ _ 200 _,by and between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado , herein referred to as "Englewood", and Mark Coleman , owner of ------------------------------ ' Colorado , whose address is -~~~~--~----------------_6_2_0_E_._B_a_t_e_s_A_v_e_. ______ , herein referred to as "Licensee". WHEREAS , Englewood, without any warranty of its title or interest whatsoever, hereby approves a fence that is planned for construction over the City 's right-of-way for the City Ditch , described on attached Exhibit A. consisting of __ page(s), a nd made a part hereof by reference [Licensee to provide Exhibit A drawing], under the following terms and conditions: 1. Englewood sha ll ha ve the right to maintain , install, repair. remove or relocate the City ditch or any other of its facilities or installations within Englewood's right- of-way at any rime and in such manner :is the City deems necessary or convenient. Englewood reserves the exclusive right to control all easements and installation s. In the event the fence should interfere with any future use of Englewood's right-of-way by the City. Licensee shall , upon request and at its sole expense, relocate, rearrange , or remove its fence so as not to interfere with any such use . 2. Any repair or replacement of any Englewood installations made necessary , in the opinion of Englewood's Director of Uti litie s because of the construction of the fence or other appurtenant installation there of, shall be made at the sole expense of Lic ensee. 3. The rights and privileges granted in this License s hall be subject to prior agreements, licenses and/or grants, rec orded or unrecorded. and it shall be the Licensee 's sole responsib ility to determine the existence of said documents or conflicting uses or installations. 4. Licensee assumes all responsibility of mainte nance of the fence. 5 . It is expressly agreed that in case of Licensee 's breach of the within promises , Englewood may. at its option, have specific performance thereof, or sue for damages resulting from such breach. 6 . Upon abandonment of any right or pri v ilege herein granted. the right of Licensee to that extent shall terminate. 7. In granting the above a uthorization, Engle wood reserves the right to make full use of the property invol ve d as may be necessary or convenient in the operation of the water and irrigation ditch and system under the control of the City. IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written . LICENSEE: LICENSOR CITY OF ENGLEWOOD APPROVED: Stewart Fonda , Director CITY OF ENGLEWOOD acting through and by its Water and Sewer Board Chairman .. Gtlla11s .._ __ .., .. ,_. ______ .... ',, ·. (!ILLANS INCORPORATED Architecture, Engineering&.. Surveying 8471 Turnpike Drive, Suite 200 Wes tminster, CO 80030 (303) 426-1731 124 Main Street, Suite 211 Dillon, CO 80435 (970) 262-6795 Jr.-, IMPROVEMENT CA,~r CERTIFICATE LOCATION I ::r I- <:t'. ~ ·~I \) (I') 3D.~!. II t. Ii l·Sro"Q.y ~1 BLOc..I<.. "' f\I i!. LD c, •. ~ At:l>~~~·e r APR :i 0 2U!J J :rcia~ 1° ~1 fibJIWll~ll IJcPT SI-If fT l of z. ~ ~ ( L; (;v~ ~ .A ~ PAR C.£L E: xc.. EPT10,.J o. BK. IS" f. I J PG. lbf ' ' ~ < \) I/) Lot lines are based on occupied · lir.er. and apparent right of ways. ::>-II - DATE "· .. "'"