HomeMy WebLinkAbout2003-04-08 WSB AGENDAWATER & SEWER BOARD
AGENDA
Tuesday, April 8, 2003
COMMUNITY DEVELOPMENT
CONFERENCE ROOM
1. MINUTES OF THE MARCH 11, 2003 MEETING . (ATT. 1)
2. GUEST: DA YID HILL -BERG, HILL, GREENLEAF & RUSCITTI -
AURORA 'S CLAIM TO CU WATER. (ATT. 2)
3 . POWDERED ACTIV ATED CARBON SYSTEM BUILDING AND AMMONIA
STORAGE TANK. (ATT. 3)
4. LICENSE AGREEMENT FOR BROWN DITCH ON WATSON LANE.
(ATT . 4).
5. LETTER FROM KENT VILLAGE DATED MARCH 11, 2003 . (ATT 5)
6. SECURITY ADVISORY FROM THE STATE OF COLORADO . (ATT. 6)
7. OTHER.
WATER AND SEWER BOARD
MlNUTES
March 11, 2003
A 1 T. I
The meeting was called to order at 5:02 p.m.
Members present:
Members absent:
Also present:
Clark, Moore, Higday, Cassidy, Otis,
Kasson, Habenicht
Wolosyn, Bradshaw
Stewart Fonda, Director of Utilities
1. MlNUTES OF THE FEBRUARY 11, 2003 MEETING.
The Englewood Water and Sewer Board approved the minutes from the February 11,
2003 meeting.
Mr. Cassidy moved;
Mr. Habenicht seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To approve the Minutes from the February
11, 2003 Englewood Water and Sewer
Board Meeting.
Clark, Moore, Higday, Cassidy, Otis,
Kasson, Habenicht
None
Wolosyn, Bradshaw
2. GUEST: GAYLE OGDEN -4170 S. CHEROKEE ST.
Ms. Ogden, owner of 4170 S. Cherokee St., appeared before the board to investigate
options for a house addition. Her proposed addition and new garage location would
encroach, and in some areas be over, the City's sewer and stormwater mains and
easements.
After discussion of available alternatives, the Board decided to maintain the existing
standard of not allowing structures on top of Englewood's water, sewer and storm water
mains. The Board gave Ms . Ogden the option of meeting with the Utilities' Engineer to
investigate the feasibility of moving the sewer or storm sewer lines, at the owner's
expense. Building a driveway over the mains is possible, with the understanding that it
would be removed if the need for repairs arose. It was noted that the appropriate license
agreements would have to be submitted and approved.
Mr. Kasson moved;
Mr. Cassidy seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To not grant a variance to the existing
Municipal Code Title 12, Chapter lB,
Section 4-K that does not permit structures
to be built over existing water, sewer and
storm sewer mains or services.
Clark, Moore, Higday, Cassidy, Otis,
Kasson, Habenicht
None
Wolosyn, Bradshaw
3. SOUTHGATE SUPPLEMENT #155.
A request was made by the Southgate Sanitation District representing the owner,
Greenwood Village Congregation of Jehovah's Witnesses, for inclusion into the
Southgate Sanitation district. Supplement #155 is for the south Y2 of Tract 123, Clark
Colony Number 3 for an area that is 2.43 acres. The lot is presently and will continue to
be used for a church. The legal is attached as Exhibit A. The property is located north of
Orchard, west of Monaco and east of Colorado Blvd. in Greenwood Village. The address
is 6767 E. Orchard Rd.
Mr. Otis seconded:
Ayes:
Nays:
Members absent:
Motion carried.
4 . FIRE HYDRANT POLICY.
Recommending Council approval of
Southgate Supplement #155 to the
Greenwood Village Congregation of
Jehovah's Witnesses .
Clark, Moore, Higday, Cassidy, Otis,
Kasson, Habenicht
None
Wolosyn, Bradshaw
The Board received a memo from Jim Veryser, City of Englewood Utilities Technician,
amending the existing fire hydrant permit policy. It is proposed that the Utilities
Department continue to collect a refundable $600.00 damage deposit check for each
permit sold. This would cover damages that may occur to either the fire hydrant or the
City 's meter.
Mr. Cassidy moved;
Mr. Kasson seconded :
Ayes:
Nays:
Members absent:
Motion carried .
To approve amending the existing fire
hydrant polic y to include a refundable $600
damage deposit to cover damages that may
occur to the fire hydrant or City meter.
Clark, Moore , Higday, Cassidy, Otis,
Kasson , Habenicht
None
Wolosyn, Bradshaw
5. CITY DITCH LICENSE AGREEMENTS FOR BRIDGE CROSSING -ENSOR,
GREEN VALLEY & WILDACRE.
K.C. Ensor submitted a City Di tch License Agreement, a Temporary License Agreement
and Easement Deed and Agreement representing K.C. Ensor, Green Valley Turf
Company and Wildacre, LLC for crossing the City Ditch along Santa Fe with a bridge
and related roadway improvements. The Temporary License Agreement allows for
construction of the bridge w ithin the existing driveway across the City Ditch. The
Easement Deed outlines the participating owners' rights and acceptable uses of the
crossing and roadway.
The License Agreements wi ll allow crossing of Englewood's 48" City Ditch pipe with a
protective arch to allow access to and from Santa Fe Drive to the adjacent properties
located west of Santa Fe Drive. Englewood's City Attorney and the Utilities Engineer
have reviewed and approve d the agreements.
Mr. Higday moved;
Mr. Habenicht seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To recommend Council approval of the City
Ditch License Agreement, Temporary
License Agreement and Easement Deed and
Agreement representing K.C . Ensor, Green
Valley Turf Company and Wildacre, LLC
for crossing the City Ditch.
Clark, Moore , Higday, Cassidy, Otis,
Kasson, Haben icht
None
Wolosyn , Bradshaw
6. CONSTRUCTION OF WATER WELLS LA-5 and A-Ml.
To supplement Englewood's long-range water supply plan, especially during drought
conditions, it is proposed to drill two wells, approximately 900 feet deep. The wells will
be gravel packed water wells, one drilled into the Lower Arapahoe aquifer (LA-5) and
one drilled into the Arapahoe Aquifer (A-Ml). The golf courses well will supply raw
water for the Allen Filter Plant and the Englewood Golf Course. The McLellan well will
discharge raw water directly into McLellan Reservoir for future raw water supply needs.
The McLellan well will be located approximately southeast of McLellan Reservoir n the
south side of County Line Road. The Golf Course well will be located west of the
Englewood Golf Course on the west side of the South Platte River near the abandoned
Bear Creek Filter Plant.
Bids were received and Phi l Martin of Martin & Wood Engineers reviewed the bids and
determined that the Henkle Drilling Company bid in the amount of $294,246.60 was the
lowest, acceptable bid. Drilling the wells is the first phase of the total project with
connections and pumping to be bid separately in the future.
Mr. Kasson moved;
Mr. Otis seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To recommend Council approval of the bid
from Henkle Drilling Company in the
amount of $294 ,246 .60 for drilling wells at
the McLellan Reservoir and the Englewood
Golf Course.
Clark, Moore , Higday, Cassidy, Otis,
Kasson, Habenicht
None
Wolosyn , Bradshaw
7. CONSTRUCTION OF BIG DRY CREEK IMPROVEMENTS AT ALLEN
FILTER PLANT.
Urban Drainage and Flood Control District completed and updated mapping of Big Dry
Creek in 1997. Information from this study identified the Allen Filter Plant as being
located within the flood plain of Big Dry Creek. In 2000, the Utilities Department
included construction of a floodwall to protect the treatment facility but protection along
the Big Dry Creek bank is required to protect the floodwall and eliminate the flood plain
designation. Staff applied for funding and the project was budgeted in Urban Drainage
District 's 5-year Capital Improvement Program.
Urban Drainage retained Muller Engineering to design the project and the "Turf
Reinforcement Bank Protection." This alternative will stabilize the creek bank while
being less disruptive to the slope and existing vegetation.
The total project cost is estimated at $209,000 with Urban Drainage and Englewood
equally sharing the cost of this project. Englewood previously budgeted and paid
$16,000 for design services. Englewood's remaining share is $88,500, and is budgeted to
the Utilities Department Allen Filter Plant Account #40-1603-61155.
Mr. Cassidy moved;
Mr. Higday seconded:
Ayes:
Nays:
Members absent:
Abstain:
Motion carried.
To recommend Council approval of the
construction of the Big Dry Creek
Improvements at the Allen Filter Plant in the
amount of $88,500 for Big Dry Creek bank
protection.
Moore, Higday, Cassidy, Otis, Kasson,
Habenicht
None
Wolosyn, Bradshaw
Clark
8. UTILITIES AGREEMENT -BELLEVIEW & CLARKSON
The Department of Transportation of the State of Colorado (CDOT) submitted a
Contractor Adjusted Utility Agreement for traffic signal improvements at Belleview and
Clarkson .
CDOT is upgrading the traffic signal at this intersection, and part of this project involves
resetting two water vault vents fo r safety reasons . One vent belongs to Denver and one
belongs to Englewood. Moving Englewood's vent would prevent trucks from hitting it
and allow it to be upgraded to current standards at the State's expense. Englewood's City
Attorney has reviewed the attached Utility Agreement.
Mr. Habenicht moved;
Mr. Otis seconded: To recommend Council approval of the
Contractor Adjusted Utilities Agreement to
relocate a vent pipe at Belleview &
Clarkson.
Ayes:
Nays:
Members absent:
Motion carried.
Clark, Moore, Higday, Cassidy, Otis,
Kasson, Habenicht
None
W olosyn, Bradshaw
9. MISC.WATER BOARD CONCERNS AND COMMENTS .
Stu discussed measures being taken by the Utilities Department to incorporate employees,
on a temporary basis, from other departments that would be terminated because of
budgetary cutbacks.
Stu noted that a vulnerability assessment will be completed for the Allen Filter Plant.
Rate increases will be discussed at future meetings.
Gary Kasson discussed concerns of keeping the City Ditch active north of Hampden.
The meeting adjourned at 6 :18 p.m.
The next Water and Sewer Board meeting will be Tuesday, April 8, 2003 in the
Community Development Conference Room.
Respectfully submitted,
Cathy Burrage
Recording Secretary
MAR-20-2003 THU 12:50 PM BERG HILL GREENLEAF FAX NO. 3034021600 A TT. z
Jon N. Buwhek
George V. Ba;. Jr.
Ridwd F. Gnenleaf
MdU. M. Hcidman
David C . Hill
"" Knsnicwia
Thonw E. M=ipn
Stewart H. Fonda
Director of Utilities
City of Englewood
BERG Hiu GREENLEAF & Rusc1rn LLP
ATTORNl!YS & COUNSELORS AT LAW
March 20, 2003
1000 Englewood Parkway
Englewood, CO 80110
Re : Aurora 's claim that its W32 7 water is all CU water
Dear Stu :
Kuhlccn M. Mcrgan
Heidi C. Potter
Suaan Tyndl !Udiud.s
Giovanni M. Ruscicti
Julie S. Schoc.ifeld
iG.mA. Tomey
Special Colll!Kl:
Neil C. Kins
Along with this is a proposed letter to John Dingess, cowisel for Aurora. T want to know if
it is okay with you before I send it.
Joe Tom and I previously spoke to you about th]s. Aurora claims thar about 4,000 acre feet
of its diversions on its Last Chance rights create CU water which Aurora can re-use to extinction.
Aurora's position is absolutely bogus, but somehow Aurora has convinced the Water Commissioner
to accept Aurora 's position. Aurora 's position enables Aurora to take a lot more water at Strontia,
to our detriment, and it shorts the water rights which divert be low "Englewood. That causes calls
against Englewood.
The quick background is this : In 1956 Aurora began to divert its Last Chance water for
municipal use , apparently year round, without a change case . In 1964 Englewood, Denver, Littleton
and the Platte Valley Irrigation Co. (the owner of Evans No . 2, down by Platteville) sued to restrain
Aurora to historic use . The case was settled by a decree in the typical fonnat of that era, requiring
Aurora to abandon about 31 percent ofits share of the agricultural flow rate, and restricting Aurorli' s
diversions to the inigation season.
Aurora kept the right to divert 69 percent of the old decreed flow rate , and it now contends
that all of the 69 percent was the historic consumptive use made by the farmers, so Aurora can reuse
all the water . This is ridiculous , and it hurts us.
The procedural situation is this . Aurora filed to make absolute on its exchange from Yf etro
to Strontia, and claimed it could exchange on W327 return flows. Aurora wants us to stipulate to
1468 Pearl Strm •Second Floor• Boulder, Colorado 80302
P.O. Box 1719 •Boulder, Colondo 80306
Tel : 303.Ml2 .1600 • F= 303.402.1601
MAR-20-2003 THU 12:51 PM BERG HILL GREENLEAF
Stewart H. Fonda
March 20, 2003
Page 2
FAX NO. 3034021600 P. 03
the decree. I am saying to them, "we won't do that unless you give up your position that W327 water
is CU water."
Please quickly review my letter and let me know ifit is okay. I hope John Dingess will back
down . Aurora's "bogus" position has been developed by a young attorney with John, named
Stephanie Neitzel, and I hope John will overrule her .
I will advise you of John 's response, and then we can decide what to do next.
Sincerely,
David G. Hill
MAR-20-2003 THU 12:51 PM BERG HILL GREENLEAF
DRAFT MARCH 20 '03
John Dingess
Stephanie Neitzel
FAX NO. 3034021600
Re: Aurora's claim that its W32 7 water is consumptive use water
Dear John and Stephanie,
This letter is Englewood's response to your claim that the water decreed to Aurora in
W327 is fully consumable, i.e. that it is reusable water (CU water).
P. 04
I will first discuss the case law and history with respect to the old "partial abandonment"
type of decree . W327 is of course that type of decree. Then I will show the similarities between
the W327 decree and the numerous other "partial abandonment" decrees of that era. Finally, I
will discuss the somewhat absurd comparison between the amount of CU water per share of Last
Chance which you claim was decreed in W327 and the amount of CU per sbare which was
explicitlv decreed in the more modem Last Chance change decrees of Aurora and Denver.
Prior to the '69 act, when water was changed from agricultural to municipal , it was
common to require partial abandonment of the decreed flow rate in order to balance the
forthcoming municipal consump tion against the previous agricultural consumption . The
widespread nature of this practice is discussed in the recent Golden Case, .farmers High Line
Canal etc . v. City of Golden, 975 P.2 d 189 (1999) at pan II of the opinion.. page 7 of the Lexis
version. The practice is also discussed in an article by Jim Corbridge , "Historical Water Use and
the Protection of Vested Rights: a Challenge for Colorado Water Law, 69 U. Colo. L. Rev. 503,
525 (1998). The Court states that the .. partial abandonment" method was commonly used from
the late 1800s to the early 1970s. (Aurora filed an amicus brief in the Golden case.) The Court
states that the partial abandonments were ordered to protect the vested rights of junior
appropriators .
The Golden opinion makes it clear that the water decreed to Golden, in an old-fashioned
partial abandonment case, was not CU water . Golden had obtained two change decrees in the
early '60s, both utifo;ing partial abandonment of the agricultural decree, both engineered by Pete
Wheeler. In the 1990s case , Golden 's Clear Creek enemies asserted that Golden was irrigating
more lawn area, with its changed water, than had been contemplated by Wheeler in his
calculations of the abandonments to be included in the change decrees so as to prevent injury.
Wheeler had assumed a certain number of acres oflawn would be irrigated by Golden with th •!
changed water. From that he had calculated the consumption from irrigation of the assumed lawn
area, in order to arrive at the portion of the agricultural decrees which had to be abandoned to
match the historic agricultural consumption with the new municipal consumption, and thus
protect juniors. In the 1990s case Golden asserted that the plaintiffs could not raise the issue of
expansion of lawn irrigation over the amount assumed by Wheeler. The Court said the plaintiffs
~raise the issue of increased lawn irrigation, because it would cause an increase in mun icipal
consumption over that assumed by Wheeler.
Very clearly. Golden's water from the partial-abandonment decree was nQl CU water, in
the Court's opinion. If Golden's water had been CU water, it would not have mattered if lawn
irrigation were expanded and conswnption went up, because Golden would have been entitled to
consume fill of the water in the first place. In other words, if Golden's old partial abandonment
MAR-20-2003 THU 12 :51 PM BERG HILL GREENLEAF FAX NO. 3034021600 P. 05
decrees made all of the non-abandoned flow rate into CU water, there would have been no basis
for a complaint that expanded lawn irrigation was expanding consumption and cutting return
flows. The plaintiffs, under that scenario, would not have been entitled to Golden's return flows,
and could not have complained about their diminution.
Aurora's W327 decree (which stemmed from CA2083) and the old Golden decrees were
cut from exactly the same piece of cloth. Pete Wheeler engineered them both. (In his day,
Wheeler was of course one of the pre-eminent water engineers in Colorado.) The 2083 pleadings
refer to Wheeler's report as determining the portion of the Last Chance flow rates which had to
be abandoned to protect juniors, if Aurora was to use the water. W327 and 2083 use almost
exactly the same abandonment language as the old Golden decrees. Similar "partial
abandonment" language is to be found in Evergreen's Hodgson ditch change decree, and in
many other ag-to-municipal change decrees of that era. No one has yet gotten a Water Judge or
the Supreme Court to find that the water remaining after such a partial abandonment was CU
water. That is because antic ipated municipal single-use consumption was balanced against
historic agricultural single-use consumption, under the partial-abandonment methodology.
A simple engineering comparison of Aurora's contention with respect to W327, to the
Water Court findings in Aurora 's subsequent Last Chance change , and Denver 's subsequent Last
Chance change, demonstrates the untenable nature of Aurora 's position. The W327 decree
required abandonment of approximately 31 per cent of Aurora 's share of the decreed flov;.r rate in
order to protect the vested rights of juniors . It is apparently your position that the water remaining
for Aurora to divert is CU water. Under the law applicable at the time of CA 2083 , W327 (and
today), Aurora 's muncipal consumption was not supposed to exceed the fanners' agricultural
consumption. Therefore, your position requires the conclusion that about 69 per cent of the gross
diversions on Aurora's shares were consumed by agricultural irrigation during a period prior to
1956, when Aurora began diverting on its Last Cha.nee shares . That is an extraordinary gross
efficiency for an earthen ditch carrying water to flood irrigation. And oowhc:re in the W327
decree or the CA2083 decree is there the slightest wording to indicate that the water remaining
after the partial abandorunent was the historic consumptive use , or that the: water Aurora could
divert would be CU water.
If Aurora diverts all of its entitlement under W327 , then it diverts 3,915.7 acre feet per
year. Aurora changed 119. 728 shares of Last Chance in W327, which was slightly more than .fifty
per cent of the shares in the Company . 3,915 .7 acre feet divided by 119 .728 :;hares is 32.7 acre
feet per share, all of it CU water (by your assertion ).
Now let us look at Aurora's next change of Last Chance shares, in 91CW117. In that case
Aurora's engineers did a study of the use of the changed shares, based upon a study period
ending in 1955 (just before Aurora began to divert on its Last Chance shares, and presumably
including the same period which Pete Wheeler studied for CA2083). 40.05 shares were changed
in 91CW1l7. The stipulated decree was based on Aurora's engineering (I represented Englewood
in the case). Aurora's engineers found that the historic agricultural CU was 5.843 acre feet per
share. Please contrast that with your position that W327 entitled Aurora to 32 . 7 acre feet of CU
per share.
In 91CW117, your engineers found gross divers ions on the 40.05 shares to have been
1116 acre feet per year, with consumptive use of 234 acre feet. That is a gross efficiency of 21
per cent. Please contrast that with your claimed efficienc y in W327 of 69 per cent, during a
similar study period, with no doubt the same type of irrigation and crop pattern. Joe Tom Wood
MAR-20-2003 THU 12:52 PM BERG HILL GREENLEAF FAX NO. 3034021600 P. 06
still has your engineering study for 91CW11 7.
Now let's consider Denver's Last Chance change decree, in 92CW014. Again, I
represented Englewood in the case. As I recall, Larry Dirks did the engineering study for Denver,
and again, Joe Tom Wood has it. Denver changed 48.812 shares in that case. Denver's engineers
found that the historic agricultural CU per sh.are was 4.958 acre feet. The study period, again,
was a period prior to 1955. Once more, would you please contrast the finding of Denver's
engineers, 4.958 acre feet of CU per share, with your position that W327 entitles Aurora to 32. 7
acre feet per share.
In 92CW014 Denver's engineers found gross agricultural diversions of 1281 acre feet per
year, and 242 acre feet of his toric agricultural conswnption. That is a gross efficiency of 18.89
per cent, based upon an earthen ditch delivering water for flood inigation. Please contrast that
with your claimed efficiency in W327 of 69 per cent.
Perhaps there are aspects of your position which have not been made clear to me. Based
on my present understanding, however, l cannot make sense of your position. First, the Supre-::ne
Court in Golden very clearly treated an old-style partial abandonment decree as being a decree
which created a single use right, and not as a decree creating a consumptive use right. And the
old Golden decrees were engineered by the same engineer who did the engineering on CA2083,
the predecessor to W327. He was a consummate and consistent practicioner of the parrial-
abandonment methodology.
Second, you talce the position that about one-half the shares in Last Chance, which were
changed in W327, had consumptive use per share of 32.7 acre feet, while gyring the same time
period engineers for Aurora and Denver found that most of the remaining shares had
consumptive use of around five acre feet per share . And you contend that the owners of the first
half of the shares managed somehow to achieve a gross efficiency of 69 per cent, while the
owners of most of the rest of the shares could achieve only about 20 per cent gross efficiency. It
would take an amazing disparity in fanning practices along one mutual ditch to achieve that kind
of disparity of useage among the shareholders.
The later Denver and Aurora change decrees contain explicit findings of historic
consumptive use and explicit detenninations of the consumptive use water which may be treated
as such by Denver and Aurora. W327 and CA2083, by contrast, contain no such findings, and no
written indication that Aurora's water will be CU water. I think your position that W327 creates a
CU right is without any demonstrable foundation.
Englewood is perfectly willing to litigate this question if you wish. Your treatment of
W327 water as reusable certainly has the potential to cause serious injury to Englewood, and may
have already done so.
I seriously question whether you want to litigate this issue. Others may wish to join in the
litigation, which will in any event create attendant publicity. The parties on Clear Creek who
asserted that Golden had improperly expanded its lawn irrigation might be all to willing to take
that position against Aurora, and you don't need that.
Englewood wants a decree which states that W327 water is not consumptive use water
(i.e. is not reusable) and that Aurora will not hereafter treat it as such. And Englewood wishes to
have the State Engineer's people recognize that
Please call with your questions and comments.
Sincerely,
MAR-20-2003 THU 12:52 PM BERG HILL GREENLEAF
David G. Hill
cc: Stu Fonda
Enclosures:
CA2083 pleadings
Old Golden Decrees
Evergreen Hodgson Ditch change decree
FAX NO. 3034021600
Evergreen (Colo. Central Power) Simonton Ditch change decree
P. 07
Date
May 5, 20032
INITIATED BY
Utilities Department
A TT. .3
COUNCIL COMMUNICATION
Agenda Item Subject
Powdered Activated Carbon
(PAC) System Building and
an Ammonia Storage Tank
STAFF SOURCE
Stewart Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Water and Sewer Board, at their December 10 , 2002 meeting, recommended Council
approval of the PAC (Powdered Activated Carbon) Equipment. The Board directed the
Director of Utilities to approve and forward to Council the recommended equipment provider
agreement upon receiving acceptable quotes. Council approved Northland lndustrial 's Norvac
System in the amount of $76,000 for the feed system at their February 18, 2003 meeting.
RECOMMENDED ACTION
At their April 8, 2003 meeting, the Englewood Water and Sewer Board rec o mmended Council
approval to construct the PAC system building and storage area and to construct the ammonia
storage tank for the chloramines feed system at the Allen Filter Plant.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Seasonal algae events in the Allen Water Treatment Plant's raw water supplies lead to
complaints of musty tastes and odors from Englewood customers. The City has been renting
PAC equipment, housed within a trailer, for the past year and have had positive results using
carbon which removes organic material which causes taste and odor problems. Recognizing
the long-term benefit of a permanent system and to eliminate the rental cost of $4,000/month ,
the City has decided to build a permanent PAC facility at the Union Avenue Pump Station.
The recommended purchase is for constructing a new masonry building to contain chemical
storage and feed facilities for the powdered activated carbon including chemical storage
handling and feed equipment, piping , spill containment, metering, electrical, controls and
instrumentation. This includes installation of the previously purchased PAC feed equipment.
Also part of this bid is the purchase and installation of a 2,500-gallon aqua ammonia storage
tank and supports with piping modifications in an existing room at the Allen Water Treatment
Plant.
FINANCIAL IMPACT
Due to time constraints, it was decided to request bids from five reputable contractors
recommended by the project engineer, Carrollo Engineering.
Quotes were received on April 23, 2003 from the following:
$
$
$
$
Carollo Engineers evaluated the five contractor's proposals systems and determined that
best met the City 's specifications and is recommended to construct the facilities per the design
requirements .
Engineer's estimate was $500,000. $100,000 was budgeted for the ammonia storage tank
building and $150,000 for the PAC building. Funds are available for the remaining amount.
LIST OF ATTACHMENTS
Ordinance
Bid Sheet
Agreement
Letter of Recommendation
Date
April 21 , 2003
INITIATED BY
Utilities Department
A TT. Li
COUNCIL COMMUNICATION
Agenda Item Subject
License Agreement for
Brown Ditch on Watson Lane
STAFF SOURCE
Stewart Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council passed an Ordinance on May 21, 2001 approving a License Agreement and Grant of
Construction Easement fo r crossing the Brown Ditch at Watson Lane.
RECOMMENDED ACTION
The Englewood Water and Sewer Board , at their April 8, 2003 meeting, recommended
Council approval of the License Agreement to maintain a portion of the Brown Ditch along
Watson Lane.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Heartstone Homes submitted a License Agreement to maintain the City 's easement along the
Brown Ditch , which is an open drainage way. An adjacent development was built and pipes
were constructed for crossing the Brown Ditch at approx imately 5600 Watson Lane . Watson
Lane is located one block west. of Federal and south of Bowles north of Columbine Country
Club in the City of Littleton.
Englewood will maintain their easeme nt and the right to install, repair remove or relocate the
Brown Ditch at any time deemed necessary. The License Agreement will allow Heartstone
Homes to fill in the existing ditch for improved appearance and to minimize maintenance and
safety concerns.
The Licensee expressly assumes f ull 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 cross ing provided by the Licensee. The City reserves the right to make
full use of the property necessary in t he operation of the Brown Ditch.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
License Agreement
Bill for Ordinance
LICENSE AGREEMENT
THIS LICENSE AGREEMENT is entered into the __ day of March, 2003, between
the City of Englewood, a municipal corporation of the State of Colorado, herein referred to as
"City'', and Watson Lane , LLC , c /o Heartstone Homes , l 979 W. Littleton Blvd., Littleton , CO
80120, herein referred to as "Watson Lane".
WITNESSETH :
WHEREAS , the City, without any warranty of its title or interest whatsoever, hereby
authorizes Watson Lane to maintain a parcel of land in the City 's rights-of-way for the Brown
Ditch , more specifically described in Exhibit A attached hereto; and
WHEREAS , the open ditch presents a safety, aesthetic and maintenance concern and
Watson Lane requests permission to fill in the dirch and shall conduct periodic inspections of
structures in the right-of-way and shall maintain the surface in natural vegetatio n exclusive of
crossings; and
WHEREAS , the City and Watson Lane, LLC. entered into a License Agreement April
27 , 2001 for installation ofRCP pipe within the City's right-of-way for Brown 's Ditch ; a nd
WHEREAS, this installation has been completed as well as a(;cess drives to the homes
built alo ng Brown's Ditch in the 5600 Block of Warson Lane ; and
WHEREAS, the City has the right to maintain , install , repair, remove or relocate
Brown's Ditch at any time it deems necessary or convenient and controls exclusive right to
control all easements and installations ; and
WHEREAS, a ll su rface area infill and maintenance shall be maintained by Watson Lane
in a safe condition. and Watson Lane shall assume all liability for damages to the public as a
result of its construction or main tenance pursuant to this License.
CITY OF ENGLEWOOD
DEPARTMENT OF UTILITIES
Stewart Fonda, Director
Chairman of the Water and Sewer Board
WATSON LANE, LLC
Stare of Colorado )
County of Arapahoe ) ss.
Signed before me this
day of , 2003 .
Notary Public
My Commission expires:
RESOLUTION NO.
SERIES OF 2003
A RESOLUTION AUTHORIZING A LICENSE AGREEMENT TO CONSTRUCT AND
MAINTAIN STRUCTURES IN BROWN 'S DITCH ALONG THE 5600 BLOCK OF WATSON
LANE , IN THE WA ISON LANE DEVELOPMENT, IN LITTLETON, COLORADO.
WHEREAS , Brown 's Ditch is an irrigation ditch and right-of-way which is owned by the
City of Englewood , Colorado, and runs alongside Watson Lane; and
WHEREAS , Brown 's Ditch is not currently being used; and
WHEREAS, this open ditch presents a safety, aesthetic, and maintenance concern; and
WHEREAS, Watson Lane , LLC has constructed culverts for crossings over the ditch for
future piping of the ditch; and
WHEREAS. filling in Brown 's Ditch along Watson Lme would so lve the se problems but
still a llo w for the City of Englewood to preserve its Ditch rights and ensure Brown's Ditch would
remain recognizable on all recorded docume nts : and
WHEREAS. maintenance of the structures and surface ofBrown·s Ditch will be the
respons ibili ty of Watson Lane, LLC or its assig ns.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO, THAT:
Section I. City Council hereby approves the License Agreement to construct and
maintain struc tures in Brown 's Ditch alo ng Watson Lane in the City of Linleton but keeping all
rights and interests the City of Englewood cu rrentl y has and co nserving the unpiped areas for
future piping by the ditch company.
Section 2. The Director of Utilities and Chairman ofv the Water and Sewer Board are
authorized to sign said License Agreement for and on behalfof the City of Englewood .
.
ADOPTED AND APPROVED THIS l "Trn DAY OF MARCH, 2003.
i
Be ve rl y J. Bradshaw , Mayor
Attest"
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereb y certify that
the above is a true copy of Reso lution No. __ , Series of 2003.
Loucrishia A. Ellis
BRDwNS
CENTENNIAL SOUTH
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DITCH CUL VFRTS AS-STAKED
wATSDN LANE
CE NTENNIAL SOUTH
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BROOKHAVEN AT COLUM BINE VALLEY ~9
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60 30 0 .. 120
SCM.[• 1• • 60'
TRACT 3
WALTER A. BOWU
GARDENS
SHEET 1 of
March 11, 2003
Customer Service
Kent Village Association
c/o Tyler Community Management, Inc.
830 Kipling Street, Suite 120
Lakewood, CO 80215
{303) 232-9200
(303) 232-3240 fax
e-mail: dana @rvlermgmt.com
Englewood Utilities Department
1000 Englewood Parkway
Englewood, CO 80110
Re: '~'uter Ccnd!!ion
Dear Customer Service Representative
ATT. 5
I represent the Kent Village Community of 66 single family homes. As Manager of their
association, I am receiving complaints about the condition of the water. These complaints
relate to the unpleasant taste, particles in the water, and a stain residue that is left on
windows and other areas that have been cleaned.
We would like to request information regarding your department's testing of the water and
any recent test information that you can provide that would relate to the above issues. We
would also like to request that specific water tests be completed on random homes within
our community. The Board of Directors meets again on March 22"d and I would
appreciate your response and a testing schedule prior to that date.
I may be reached at the above numbers. I am looking forward to speaking with you.
Sincerely,
At the Request of the
Board of Directors
· · KentVillage Association )
I "\
. ___ .. !.~i; d_ £2-;:-(_lfk ·L'. -···-·-----
Dana Pepper, PCAM®
Community Association Specialist
Cc: BOD, Mayor Beverly Bradshaw
c T y 0 F
March 3 1. 2003
Kent Village Association
cio Tyler Community Management. Inc .
830 Kipling St
Suite 12 0
Lakewood. CO 80215
Attn : Dana Pepper
E
Re Water Quality Concerns at Kent Village
Dear \t[s . Pepper :
N G L E W 0 0
Thank you for your inquiry to the Englewood Water Department . We always appreciate
hearing from our customers .
In answer to your request for information and anv recent test results , we e-mailed you the
2002 Consumer Confidence Report . This is a Federally mandated. derailed report of our
system performance If you have questions or didn·r get the e-mail , please contact me .
This report will also appear in our annual news letter The Pipeline which will be
published in :\fay .
If you ha ven't already, you will be contacted by Randy Pierce. our Field Service
Coordinator, who will arrange with you for the collection of water samples . We would
also like to collect a larger sample (a gallon or so) to be given to the Water and Sewer
board at their A.pril 8th meeting . We would like to collect the same on the 8th of April.
Your letter noted three types of water qualit y concerns: Taste. particles in the water and
a '"stain residue·' left on areas that have been cleaned . The types of tastes typically
attributable to our water treatment process are a ·'medicine'' or "swimming pool" taste.
and a "swamp_v" taste . The swimming pool taste is caused by chloramines and the
swampy taste would be algae . Recent improvements in our treatment processes have
greatly reduced the amount of chloramines we add to the water, and, this time of year,
algae isn 't blooming, so it 's early for that kind of problem. The testin _g and taste test will -'-. . -
hopefully shed more Ii ght on the source of the prob I em.
-• <:--
1000 Engie'.\ ood ?;i r kwJv Englewood . Culo r:ido 8011 0 ?hone ]03 -76 :2-263.5 r .-\X 303-78 3-689.+
D
Particles in the water can come from several places. We have seen them come from the
insides of our water mains, aging hot water heaters, private plumbing and the like.
The residue is m_ost likely calcium chloride, or water hardness. This time of year. our
water most always becomes quite hard . We don't treat for water hardness because the
process is cost _prohibitive . If the individual customer is concerned, a water softener can
be installed at their residence. There are also commercial products available to control
the deposits .
If you have any questions or need further assistance, feel free to contact me .
Sincel]ely. {J. 1 ~4 --Jlofa-c-1oi::;ock
L1tilities Manager of Administration
Phone 303-762-2643
Fax 303-783-6894
E-mail jbock@englewoodgpv .org
A TT. Co
STATE OF COLORADO
Bill Owens, Governor
Douglas H. Benevento , Executive Director
Dedicated to protecting ano improving the healt h and en vironment oi the peop le oi Colorado
4300 Cherry Creek Dr . S. Laboratory Services Division
Denver, Colorado 80246-1530 8100 Lowry Blvd .
Phone (303 ) 692-2000 Denver , Colorado 80230-6928
TDD U ne (303 ) 69 1-7700 (303 ) 692-3090
Located in Glendale , Co lorado
http ://www.cophe.state.co.us
SECURITY ADVISORY
To : Colorado Dr inking Water Utilit ies
Colorado Department
of Public Healch
an d Environment
The Co lorado Department of Pub lic Hea lt h and Environmen t , Water Quality Control Division has been
notified by the Water Information Sha ri ng and A nalysis Cen ter 0Nater !SAC) that on March 23 a tractor-
trailer and its load of 2 1,000 pounds of Gramoxone (active ingred ien t is paraquat dich loride), a toxic
liquid herb icide , was stolen f rom Mi ss issauga , Canada (approx im ate ly seven miles southeast of
Toronto , Canada ).
Law enforcement offic ials adv ised that w hil e th e trac t or and tra il e r have been recovered , the load of
chem icals (w ith the exception of a sma ll number of damaged containe r s) had not been . The tra il er also
conta ined other cargo , includ ing e lect ro ni c equ ipment, wh ich was not taken . Canadian authorities have
provided important identify ing informatio n through channe ls to US Customs in an effort to prevent this
material from cross ing the Canadian-US border.
Utilities shou ld be aware t hat Gramoxone (a potential problem for distribution systems ), has had
chem icals added to produce a co lor (b lue to blue to blue green ), and a very strong odor so that
consumers wou ld know that there is a problem with the water and be unlikely to drink it if it were
present in quantities sufficient to cause se vere acute problems . Add itionally , a chemical that induces
vomit i ng has been added to reduce prob lems should someone get past the color, taste and odor.
Because of this , Paraquat is not a direct threat to cause significant casualties but could cause a denia l
of service , a loss of confidence in the water system , and an expensive cleanup.
While the WQCD has no known evidence of the motives of those that have stolen this supply of
chemicals , it is important t hat water uti lit ies be aware that th is theft has occurred . If your utility has
information or suspicions relating to the stolen Gramaxone , please contact your local law
enforcement officials immediately.
For further information on Gramoxone and its effects , please see the attached fact sheet.
Provided by :
Jon DeBoer, Drinking Water Security Coordinator
e-mail : ion .d e aoe:'G>state ::0 .u s
Phone : 303-692-3607
Fax : 303-782-0390
Paraquat
Note: The product that was stolen, Gramoxone, has had chemicals added to produce a
color (blue to blue to blue green ), and a very strong odor so that consumers would know
that there is a problem with the water and be unlikely to drink it if it were present in
quantities sufficient to cause severe acute problems. Additionally, a chemical that
induces vomiting has been added to reduce problems should someone get past the color,
taste and odor .
Because of this, Paraquat is not a direct threat to cause significant causalities but could
cause a denial of service , a loss of confidence in the water system , and an expensive
cleanup .
Effect of Disinfection: Normal residual levels are not expected to have any
significant impact on Paraquat .
Effect of Treatment: Paraquat binds strongly to organics and soil. It is removed
at low levels by conventional treatment. Additional removal in the event of high levels
can be achieved by feeding PAC. GAC will remove low levels. Membrane technologies
capable of removing organics are effective .
TOC: Large amounts of Paraquat will cause a very rapid increase in TOC potentially
providing an early warning in source waters .
Analytical Method: EPA Methods 549 .2 "Determination of Diquat And Paraquat
in Drinking Water by Liquid-solid Extraction And High Performance Liquid
Chromatography With Ul traviolet Detection", Revision 1.0, EPA/815/B-99/002, June
1997 . Available from US . Environmental Protection Agency, National Exposure
Research Laboratory (NERL)-Cincinnati, 26 West Martin Luther King Drive , Cincinnati ,
OH 45268 .
Drinking Water Incidents: In 1995, Paraquat along with atrazine was
backsiphoned into a distribution system when an accidental waster main cut occurred
while a farmer was diluting herbicides in a tank.
In 1981, a pump fai lure caused reduced pressure drawing the pesticide from a tank
through an open valve which was cross connected .
Trade and Other Names: Product names include Crisquat, Cyclone, Dextrone ,
Dexuron, Gramoxone Extra. Herba.,xone, Ortho Weed and Spot Killer, and Sweep . The
compound may be found in formulations with many other herbicides, including simazine
and diquat dibromide .
Regulatory Status: Paraquat is a highly toxic compound in EPA toxicity class I.
Products containing it must be is labeled with the Signal Words DANGER -POISON.
Paraquat is a Restricted Use Pesticide (RUP). RUPs may be purchased and used only by
certified applicators .
Chemical Class: quaternary nitrogen compound
Introduction: Paraquat is a quaternary nitrogen herbicide widely used for broadleaf
weed control. It is a quick-acting, nonselective compound that destroys green plant tissue
on contact and by translocation with in the plant. It has been employed for killing
marijuana in the U.S . and in Mexico . It is also used as a crop desiccant and defoliant, and
as an aquatic herbicide.
Formulation: Not Available
Toxicological Effects:
• Acute toxicity: Paraquat is highly toxic vi a ingestion, with reported oral LOS O
values of 1 I 0 to 150 mg /kg in ra ts, 50 mg/kg in monkeys , 48 mg/kg in cats. and
50 to 70 mg/kg in cows. The toxic effects of paraquat are due to the cation, and
the halogen anions have little toxi c effects . The de rmal LD50 in rabbits is 236 to
325 mg/kg, indicating moderate toxicit y by th is route. The -+-hour inhalation
LC50 is greater than 20 mg /L for the technical grade of the compound . [t causes
skin and eye irritation in rabbits (s evere for some of the formulated products) and
also has caused skin sensitization in guinea pigs in some formulations. Effects due
to high acute exposure to paraquat ma y include excitability and lung congestion,
which in some cases leads to convulsions. incoordination, and death by
respiratory failure . [f swallow ed. burning of the mouth and throat often occurs.
followed by gastrointestina l tract irritation. resul ti ng in abdominal pain , loss of
appetite , nausea. vomiting , and diarrhea [8]. Other toxic effects include thirst,
shortness of breath . rapid hean rate , kidney failure. lung sores , and liver injury
Some symptoms may not occur until days after exposure. Persons with lung
problems may be at increased risk from exposure . Many cases of illness and/or
death have been reported in humans . The estimated lethal dose (v ia ingestion) for
paraquat in humans is 35 mg/kg . A maximum of 3.5 mg/hour could be absorbed
through the dermal or respiratory route without damage .
• Chronic toxicity: As indicated above , repeated exposures may cause skin
irritation. sensitization. or ulcerations on contact. In animal studies, rats showed
no effects after being expos ed for 2 years to paraquat at doses of 1.25 mg/kg/day .
Dogs, however , developed lung problems after being exposed for 2 years at high
doses (above .34 mg/kg/day ). In a study of .30 workers spraying paraquat over a
12-week period, approximat ely one-half had minor irritation of the eyes and nose.
Of 296 spray operators with gross and prolonged skin exposure, 55 had damaged
fingernails as indicated by discoloration, nail deformities , or loss of nails .
• Reproductive effects: In a long-term rat study at doses up to 5 mg/kg/day, no
adverse reproductive effects were reported . However, paraquat dichloride injected
intraperitoneally at 3 mg/kg/day on days 8 to 16 of gestation increased fetal
mortality in rats . Hens given high levels of paraquat in their drinking water for 14
days produced an increased percentage of abnormal eggs . It is unlikely to cause
reproductive effects in humans at expected exposure levels.
• Teratogenic effects: Offspring of mice dosed with high doses of paraquat during
the organ-forming period of pregnancy had less complete bone development than
the mice given lower doses . Offspring of rats given similar treatment showed no
developmental defects at any dose, but fetal and maternal body weights were
lower than normal. Other studies of paraquat using rabbits and mice have shown
no teratogenic effects. The weight of evidence suggests that paraquat does not
cause birth defects at doses which might reasonably be encountered .
• Mutagenic efTects: Paraquat has been shown to be mutagenic in microorganism
tests and mouse cell assays . It was unclear what levels of exposure are necessary
to produce these effects .
• Carcinogenic effects: Mice fe d paraquat dichloride for 99 weeks at high le v els
did not show cancerous growths . Rats fed high doses for 1 13 (male ) or 124 weeks
(female) developed lung , th yro id . skin . and adrenal tumors. Thus, the evidence
regarding carcinogenic effects o f paraquat is inconclusive .
• Organ toxicity: Paraquat affects the lungs, heart, liver, kidneys , cornea, adrenal
glands, skin, and digestive sy stem.
• Fate in humans and animals: Paraquat is not readily absorbed from the stomach,
and is even more slowly absorbed across the skin. Oral doses of paraquat in rats
are excreted mainl y in the fe ces. while paraquat injected into the abdomen leaves
through urine (8]. In the stomach and gastrointestinal tract, paraquat metabolites
may be more readily absorbed than the parent compound, but their identities and
toxicities are unknown [ l 11]. Paraquat may concentrate in lung tissue, where it
can be transformed to highl y reactive and potentially toxic forms (87]. In one
study, farm animals excreted over 90% of the administered paraquat within a few
days . It was slightly absorbed and metabolized in the gastrointestinal tract . Milk
and eggs contained small amounts of two paraquat metabolites (58].
Ecological Effects:
• Effects on birds: The compound is moderately toxic to birds, with reported acute
oral LD50 values of 981 mg/kg and 970 mg/kg in bobwhite and Japanese quail,
respectively. The reported 5-to 8-day dietary LC50 value for the compound is
4048 ppm in mallards .
• Effects on aquatic organisms: Paraquat is slightly to moderately toxic to many
species of aquatic life, including rainbow trout, bluegill, and channel catfish . The
reported 96-hour LCSO for paraquat is 32 mg/Lin rainbow trout, and 13 mg/Lin
brown trout The LC50 for the aquatic invertebrate Daphnia pulex is 1.2 to 4.0
mg/L . In rainbow trout exposed for 7 days to paraquat, the chemical was detected
in the gut and liver, but not in the meat of the fish . Aquatic weeds may
bioaccumulate the compound. In one study, 4 days after paraquat was applied as
an aquatic herbicide, weeds sampled showed significant residue levels. At high
levels, paraquat inhibits the photosynthesis of some algae in stream waters [87].
• Effects on other organisms: Paraquat is nontoxic to honey bees .
Environmental Fate:
• Breakdown in soil and groundwater: Paraquat is highly persistent in the soil
environment, with reported field half-lives of greater than l 000 days. The
reported half-life for paraquat in one study ranged from 16 months (aerobic
laboratory conditions ) to 13 years (field study ). Ultraviolet light, sunlight, and soil
microorganisms can degrade paraquat to products which are less toxic than the
parent compound . The strong affinity for adsorption by soil particles and organic
matter may limit the bioava ilability o f paraquat to plants , earthworms. and
microorganisms . The bound residues may persist indefinitely and can be
transported in runoff with the sediment . Paraquat is not significantly mobile in
most soils . That which does not become associated with soil particles can be
decomposed to a nontoxic end product by soi l bacteria . Thus . paraquat does not
present a high risk of groundwater contamination. Of 721 groundwater samples
analyzed, only one contained paraquat, at a concentration of 20 mg/.
• Breakdown in water: Paraquat will be bound to suspended or precipitated
sediment in the aquatic environment. and ma y be even more highl y persistent than
on land due to limited availability of oxygen . It had a half-life in a laboratory
stream water column of l 3. I hours . In another study, paraquat dichloride was
stable for up to 30 da ys. In a third study of low levels in water, paraquat had a
half-life of 23 weeks .
• Breakdown in vegetation: Paraquat dichloride droplets decompose when
exposed to light after being applied to maize , tomato, and broad-bean plants.
Small amounts of residues we re fo und in potatoes treated with paraquat as a
desiccant , and boiling the potatoes did not reduce the residue
Physical Properties:
• Appearance: Paraquat salts are colorless , white, or pale yellow crystalline solids,
which are hygroscopic and odorless
• Chemical Name: 1, l '-dimethyl-..+,4'-bipyridinium
• CAS Number: l910-..+2-5
• Molecular Weight: 257 .20
• Water Solubility: 700,000 mg/L @ 20 C
• Solubility in Other Solvents: Dichloride salt is sparingly soluble in lower
alcohols
• Melting Point: Decomposes @ 300 C
• Vapor Pressure: Negligible@ room temperature (paraquat dichloride)
• Partition Coefficient: 4.4683 (58]
• AdsorptionCoefficient: 1,000,000 (estimated)
Exposure Guidelines:
• ADI: 0 .004 mg/kg/day
• MCL: Not presently regulated
• RID: 0.0045 mg/kg/day
• PEL: Not Available
• HA : 0.03 mg/L (lifetime )
• TL V: 0 l mg/m3 (8-hour) (r espirable fraction )