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HomeMy WebLinkAbout2005-03-15 WSB AGENDAWATER& SEWER BOARD AGENDA Tuesday, March 15, 2005 COMMUNITY DEVELOPMENT CONFERENCE ROOM 1. MINUTES OF THE FEBRUARY 8, 2005 MEETING. (ATT. 1) 2. SOUTHGATE SUPPLEMENT #160. (ATT . 2) 3. WATER METER PURCHASE. (ATT. 3) 4. WATER QUALITY IMP ACTS FROM RECREATIONAL ACTIVITIES. (ATT. 4) 5. TREE REMOVAL AT THE McLELLAN PENNINSULA. (ATT. 5) 6. INFORMATIONAL ITEMS: A. ARTICLE FROM THE LITTLETON REPORT DATED FEB. 2005 ,"CITY ATTORNEY REAFFIRMS WATER FUND MUST BE USED FOR WATER PROJECTS ." (ATT . 6) B . ARTICLE FROM THE LITTLETON REPORT DATED FEB., 2005, "SOUTH PLATTE RESERVOIR TO BEGIN FILLING IN 2007." (ATT . 7) C. ARTICLE FROM THE DEN VER POSTDATED FEB. 14, 2005, "SHORT OF WATER , NOT DISPUTES." (ATT . 8) 7. OTHER. WATER AND SEWER BOARD MINUTES February 8, 2005 A TT. l The meeting was called to order at 5:05 p.m. Members present: Members absent: Also present: Bums, Clark, Moore, Higday, Cassidy, Bradshaw, Habenicht Otis, Garrett Stewart Fonda, Director of Utilities 1. MINUTES OF THE JANUARY 11, 2005 MEETING. The Englewood Water and Sewer Board approved the minutes from the January 11, 2005 meeting. Mr. Bums moved; Mr. Habenicht seconded: Ayes: Nays: Members absent: Motion carried. To approve the minutes from the January 11, 2005 Englewood Water and Sewer Board Meeting. Bums, Clark, Moore, Higday, Cassidy, Bradshaw, Habenicht None Otis, Garrett 2. GUEST: DAVID HILL, ENGLEWOOD'S WATER ATTORNEY. David Hill, Englewood's water attorney, appeared to discuss efforts from Farmers Reservoir and Irrigation Company and United Water District to supply Douglas County with potentially inappropriate diversions below Denver. Also discussed was the effort to continue over-diversions by farmers' wells on the lower South Platte River. Finally, he discussed the change of senior irrigation rights for use by Commerce City, Brighton and other northern suburbs. Mr. Hill reviewed the possible ramifications of these cases on Englewood. 3. GUEST: MD BUILDERS REQUEST REGARDING DARTMOUTH & UNNERSITY. Matt Horrom appeared to request an easement variance allowing a 24' or 27' wide utility easement in lieu of the required 30' easement. The Board discussed the necessity of a 30' easement for excavating, shoring, safety requirements and equipment widths. The Board received a memo from Tom Brennan, Utilities Engineer, recommending that the City's Utility Easement requirements remain at 30' and an exception not be granted. Mr. Higday moved; Mr. Burns seconded: Ayes: Nays: Members absent: Motion carried. To reject the request from MD Builders for a 24' or 27' wide utilities easement for their development at 3057 S. University Blvd. Burns, Clark, Moore, Higday, Cassidy, Bradshaw, Habenicht None Otis, Garrett 4. ALLEN PLANT WASHWATER PUMP STATION EQUIPMENT PURCHASE. The existing washwater pumps were initially built to handle only the backwash water for the original plant. Due to the 1999/2000 Allen Filter Plant upgrades, the existing pumps now handle twice the volume beyond the original design, and now pump sludge and carbon granules, which are abrasive materials. New pumps are required to handle the additional volume and abrasive material and settled solids from the pretreatment settling process. These washwater pumps take waste material and pump it to the backwash lagoon to be processed by the belt press operator. These pumps are an integral part of the water treatment process and the first step in the sludge handling process. The two new pumps are designed to handle additional volume for projected loads and are made of stainless steel which is more conducive for abrasive materials and sludge. The pumps are being purchased prior to the construction phase because of the 12-week delivery period for the pumps. CDM reviewed the bids and recommended McLemore Pump in the amount of$97,713 .00 as the lowest acceptable bid . Mr. Burns moved ; Mr. Habenicht seconded: Ayes: Nays: Members absent: Motion carried. To recommend council approval for design, fabrication and delivery of two submersible pumps for the Allen Filter Plant washwater pump station to McLemore Pump in the amount of $97,713.00. Bums, Clark, Moore, Higday, Cassidy, Bradshaw, Habenicht None Otis, Garrett 5 . AMENDMENT TO GRANULAR ACTIVATED CARBON LEASE AGREEMENT. Seasonal algae events in the Allen Water Treatment Plant's raw water supplies lead to complaints of musty tastes and odors from Englewood customers. Carbon filters have been used successfully for effective taste and odor removal. The granular activated carbon removes the organic and inorganic material which causes the taste and odor problems. The GAC is leased since carbon requires periodic regeneration and possibly correct disposal according to Colorado law. The existing ACMS Lease Agreement has been providing these services but will expire shortly. ACMS is no longer in existence, but its affiliated company, American Water Resources, Inc. has taken over that line of business. The ACMS GAC Lease Agreement, which began the fourth quarter of 1998, provides carbon for five filters, each requiring 2, 700 cubic feet of GAC. The new American Water Resources lease agreement provides for labor and equipment for the removal, regeneration and installation into the filters along with GAC testing every six months. The new agreement will be for 12 monthly payments and may be renewed by the Utilities Director for six years . Due to increased cost of fuel and increased costs for reactivation of the carbon, the parties wish to redo the lease agreement to provide for the increased expenses. The proposed increase over the existing cost is for $100 per month for each filter , making replacement GAC for the five filters $1 ,950 per month , per filter. Total yearly cost will be $117,000. In the original bid Calgon Carbon Corporation submitted a bid that was substantially higher than the original ACMS. Mr. Cassidy moved; Mr. Bums seconded: Ayes: Nays : Members absent: Motion carried. To recommend Council approval of the Amendment to the GAC Lease Agreement in the amount of $1 ,950 per month, per filter for a total yearly cost of $117 ,000. Bums, Clark, Moore, Higday, Cassidy, Bradshaw, Habenicht None Otis , Garrett 6. SEWER LINE VIDEO TAP AGREEMENT. The Board received a copy of the Sewer Line Video Tape Agreement. This is to insure that the resident understands that the Englewood Utilities Department agrees to review the video tape and give an opinion on the condition of the sewer line shown. The agreement states that Englewood makes no warranty as to line location or recommendation as to the type of repairs required. Mr. Bums; Mr. Habenicht seconded: To approve the Sewer Line Video Tape Agreement enabling Utilities personnel to provide an opinion with the understanding it Ayes: Nays: Members absent: Motion carried. makes no warranty as to line location or type of repairs required. Burns, Clark, Moore, Higday, Cassidy, Bradshaw, Habenicht None Otis, Garrett 7. ASSIST WITH ON-SITE CLEANUP AFTER A WATER OR SEWER MAIN BREAK. In the event of a water or sewer main break resulting in a backup in a residence, the Utilities Department has co ntracted with a restoration agency to assist with on-site cleanup. The Colorado Governmental Immunity Act provides that public entities have no liability resulting from a public water or sewer main unless negligence is proven. Even though the City is not legally responsible for the resulting damages, the Utilities Department has tried to help owners and tenants whose property has been damaged by a main break. Mr. Cassidy moved; Mr. Habenicht seconded: Ayes: Nays: Members absent: Motion carried. To pass Water and Sewer Board Resolution #1 to authorize property cleanup resulting from a water or sewer main break without acknowledging or assuming responsibility or liability. Burns, Clark, Moore, Higday, Cassidy, Bradshaw, Habenicht None Otis, Garrett 8. LEAD SAMPLING REBATE. Once every three years thirty Englewood residents have been submitting water samples for lead testing. Staff is proposing a reward to these thirty citizens of a $25.00 gift certificate to King Soopers to be given to the resident taking the sample, whether owner or tenant. It is felt that this would show appreciation for assisting in the lead sampling program and provide incentive to continue, therefore providing the City with a consistent lead sampling basis. Mr. Bums; Mr. Moore: Ayes: Nays: Members absent: Motion carried. Recommended approval of rewarding thirty residents for submitting water samples for lead testing. A $25.00 gift certificate from King Soopers will be given to each resident once every three years. Bums, Clark, Moore, Higday, Cassidy, Bradshaw, Habenicht None Otis, Garrett 8 . LEAD AND COPPER RULE BROCHURE. The Board received a copy of a brochure, "Englewood Is Protecting the Water Your Children Drink." The brochure, written by Joe Pershin of the Allen Filter Plant, was distributed to all Englewood school children. The meeting adjourned at 6:38 p.m. The next Water and Sewer Board meeting will be Tuesday, March 15, 2005 at 5:00 p.m. in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary ' .. ATT 2 COUNCIL COMMUNICATION Date Agenda Item Subject March 21, 2005 Southgate Supplement #160 INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their March 8, 2005 meeting, recommended Council approval of a Bill for an Ordinance approving Southgate Supplement #160. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatment to a population of about 70,000 people outside the City through contracts with numerous connector districts. The area is defined by the natural drainage and extends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Ave . excluding Highlands Ranch. By contract the City of Englewood must approve any additions of land to be served by the districts. These are usually in-fill situations that are within what the City considers to be the area it has committed to serve. Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions. Annexation of this parcel of land will not increase the tap allocation of the Southgate Sanitation District. A request was made by the Southgate Sanitation District representing the owner, James C. Dill, for inclusion of Supplement #160 consisting of a parcel totaling 2.3 acres into the Southgate Sanitation District. This is vacant land zoned Single Family Residential. The proposed use is to erect a single-family home. No changes in zoning or use are anticipated. The legal is attached as Exhibit "A". The property is located between Belleview and Orchard, on the east side of Colotado Blvd. in Greenwood Village at 5665 S. Colorado Blvd. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for Ordinance Southgate Sanitation District Supplement #160 SUPPLEMENT NO. __ TO CONNECTOR'S AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF ENGLEWOOD, acting by and through its duly authorized Mayor and City Clerk , hereinafter called the "City," and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas Counties , Colorado, hereinafter called the "District," WITNESSETH: WHEREAS, on the 20th day of June , 1961, the City and the District entered into an Agreement in which the City agreed to treat sewage originating from the District's sanitary sewer system within the area served by the District. which Agreement was most recently renewed by Connector's Agreement dated November 16 , 1988; and WHEREAS, said Connector's Agreement provides that the district may not enlarge its service area without the written consent of the City ; NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein set forth , the parties agree as follows: 1. The City hereby consents to the inclusion of certain additional area located in Arapahoe County , Colorado , owned by James C. Dill and more fully described on Exhibit A attached hereto and incorporated herein by reference, into Southgate Sanitation District. The City agrees that said additional area may be served with the sewer facilities of the District , and that the City will treat the sewage discharged into the City's trunk line from said additional area , all in accordance with the Connector's Agreement dated November 16 , 1988. Accordingly , Exhibit A referred to in Paragraph 1 of the Connector's Agreement dated November 16, 1988, is hereby amended to include such additional area . 2. Each and every other provision of the said Connector's Agreement dated November 16 , 1988 , shall remain unchanged . IN WITNESS WHEREOF, the parties have set their hands and seals this __ day of , 2005. ATIEST: CITY CLERK (SEAL) CITY OF ENGLEWOOD By :---------- MAYOR SOUTHGATE SANITATION DISTRICT, ARAPAHOE AND DOUGLAS COUNTIES, COLORADO EXHIBIT A The East one-half of tract 282, South Denver Gardens, County of Arapahoe, State of Colorado. ~· , n . . , --. . . . ~-:~ ~· .... '------ ; ;, ,/' t;~:s~.:::: ~;:, ; Ir~ I i ~ I .... ··--··-'···········! ~~f'!I.------< ... . ... L·:: ............ ~ 65 '. I -;;-i . I ! A TT. 3 COUNCIL COMMUNICATION Date Agenda Item Subject March 21 , 2005 Water Meter Purchase INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board , at the ir February 10, 2004 meeting, recommended approval by motion of the purchase of water meters and yokes from National Meter and Automation , Inc. in the amount of $76 , 785.10 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Utilities Department purchases water meters needed for an entire year by requesting one large bid proposal for additional cost savings. The Utilities Department is converting the metering system to the !TRON Automatic Meter Reading System. All meters and reg isters purchased will be compatible with the !TRON System. A portion of these meters w ill be resold to Englewood customers for new installations as part of the flat-rate-to-meter conversion process. Some of the meter stock will be used to replace inactive or poorly functioning meters and to convert existing meters to the !TRON system. FINANCIAL IMPACT Englewood 's meter order is being piaced in conjunction with Denver Water Board's order to ensure the best quantity price . National Meter and Automation's bid is $72 , 159.40 for meters and $4,625.70 for yokes. Of this amount, approximately $19,000 will be resold to Englewood customers for flat-rate to meter conversions. The Utilities Department's meter specifications stated that only Badger and Sensus water meters are approved for bid. In the past, another company that quoted lower prices was tried. It was found that the resulting problems and repairs overrode the lower bid. It was specified in the specs that if other manufactures want to be on the approved equipment bidder list, samples must be submitted for field testing over a five year period. Amco has submitted two 1" meters for field testing to be installed when replacement on an existing 1" meter is required . ... There is money budgeted for these meters in the 2005 Budget. LIST OF ATTACHMENTS Bid Proposal Tabulation Sheet , ~! • . ;l ~~ ~ ' • ~: ~ . . :: J ~ ' ~ ~ ,. { :':· ·.• f: 1·: f '" r: ., I ~ t• .. " J J t\ Bid Item: Automated Water Meters & Parts 2005 Bid Opening Date: Febrlaru 17, 2005 10:00 a.m. ITEM Dana Kepner NO. DESCRIPTION Qty each extended 1 3/4" Meter & Integral Module RT 102 $ -$ - 2 5/8" Meter & RTR with in/line connector Pil/RT 30 $ -$ - 3 3/4" Meter & Integral Module RT 40 $ -$ - 4 Bader 25 Meter with RTR w/inline connector 66 $ -$ - 5 3/4 " Badger 35 Integral module/RT 100 $ -$ - 6 3/4 " Meter with lntegal module/RT 36 $ -$ - 314 " Badger 35 Meter with RTR w/inline 7 Connector 24 $ -$ - 8 1.5" Badger 120 Meter body 2 $ -$ - 9 1.5" Badger 120 RTR w/inline connector 3 $ -$ - ' 10 2" Badger 170 RTR w/inline connector 6 $ -$ - 11 3/4 " Kornerhorn copper yokes 102 $ 21 .75 $ 2 ,218 .50 12 3/4 " Kornerhorn yokes compression fitting 204 $ 4 .75 $ 969.00 13 3/4" Ball valves copper 102 $ 16.8 5 $ 1,710.7 0 Total $ 4,906 .20 Mfr. Exceptions: (1--l~CC' . t5(l,tx-~ r;R. Mountain State Pipe National Meter WaterWks Sales each extended each extended each extended $ 148 .35 $ 15, 131.70 $ 195.20 $ 19,910.40 No bid #VALUEI $ 156.15 $ 4,684 .50 $ 182.30 $ 5,469.00 No bid $ - $ 180.30 $ 7,212 .00 $ 214 .20 $ 8,568.00 No bid #VALUE! I $ 87 .40 $ 5,768.40 $ 113.50 $ 7,491.00 No bid #VALUEI $ 94 .30 $ 9,430.00 $ 139.00 $ 13,900.00 No bid #VALUEI $ 148.35 $ 5,340.60 $ 202 .20 $ 7,279.20 No bid #VALUEI $ 111 .55 $ 2,677 .20 $ 133.20 $ 3 , 196 .80 No bid #VALUEI $ 196 .08 $ 392 .16 $ 375.00 $ 750.00 No bid #VALUEI $ 253.5 8 $ 760.74 $ 515.00 $ 1,545.00 No bid #VALUE I $ 332.35 $ 1,994.10 $ 675.00 $ 4 050.00 No bid #VALUE! fJ ~ I ~q, IN' $ 53.35 $ 5,441 .70 $ 18.90 $ 1,927.80 No bid #VALUE! $ 5 .99 $ 1,221 .96 $ 5 .75 $ 1,173.00 No bid #VALUE! $ -$ -$ 14.95 $ 1,524 .90 No bid #VALUE! $ 60,055 .06 $ 76,785 .10 #VALUE! ., City of Englewood Water Quality Impacts from Recreatf on al Activities Reconnaissance-Level Evaluation Scope of Work Task 1 -Collect Relevant Background Information Task activities Include: A TT. Lf • Contact up to 3 other communities that have existing dog parks near water ways (e.g., Boulder, Denver, Austin Texas, and/or southern California) to gather infonnation regarding water quality impacts observed, if any, and any best management practices (BMPs) implemented and their effectiveness • Conduct brief (one-day) literature search for information regarding existing precedent and impacts of dog parks upstream of raw water supply sources • Conduct one meeting with City staff and project proponents to discuss the details of the proposed park (e.g., location and size of park, site drainage and water features in park, anticipated activity levels, proposed irrigation practices, proponents plans for maintenance and upkeep) Task Deliverable: Prepare a brief meeting summary Task 2 -Assess Potential Water Quality and Treabnent Impacts of Proposed Park Task activities include: . • Download and evaluate data from existing sources on dog park receiving stream and South Platte River water quality. The City will address any additional sampling needed for this evaluation. • Identify potential contaminants of concern (e.g., nitrates, bacteria, total organic carbon, etc.) • Estimate amount of runoff from dog park area during designated design storm event(s) • Estimate potential range of concentrations in site runoff from dog park for contaminants of concern • Qualitatively estimate potential far surface or subsurface transport of contaminants of concem toward South Platte River and raw water intake • Compare potential range of runoff concentrations to existing background water quality data • Qualitatively assess ability of existing Allen WTP to treat contaminants of concern and potential finished water quality implications • Discuss potential treatment needs with CDPHE if evaluation shows negative impact to the raw water quality • Estimate additional treatment costs, if any • Conduct one meeting with City staff to review findings and discuss the practical implications of the proposed dog park 3/1/05 msmm :.: ' Task Deliverable: Prepare draft and final technical memorandum summarizing Task 2 analyses and condusions · Task 3-ldentlfy Possible Best Management Practices/Mitigation Alternatives Task Activities: • Conduct brief (one-day) fiterature search regarding potential BMPs or mitigation strategies for similar dog park facilities • Based on literature search and input from other communities (Task 1), identify a list of candidate BMPs for potential implementation based on their demonstrated effectiveness in mitigating contaminants of concern identified in Task 2 • Prepare reconnaissance-level estimate of costs to implement candidate BMPs at Englewood dog paric site Task Deliverable: Prepare draft and final teciinical memorandum summarizing Task 3 analyses and conclusions. The TM appendix will include relevant back-up information, including calculations. Project Costs The following lists the proposed costs to complete the tasks described above. inclusive of labor and other direct costs. No subconsuttant support is anticipated. Schedule Task 1 Task2 Task3 Total $4,000 $14,000 $8,000 $26,000 The following lists milestone schedule dates for this project: 1. Complete Task 1 two weeks after the notice-to-proceed. 2. Complete Task 2 two weeks after the City has provided comments to the Task 1 deliverable. 3 . Complete Task 3, draft TM two weeks after the City has provided comments to the Task 2 deliverable. 4. Complete Task 3, final TM two weeks after the City has provided comments to the draft Task 3 deliverable. 311105 9£Z8£8Z £0£ ··~:ll'I fJISSIJQ dll!~~ WV9£:01 90-10-£0 A Tl. S A TT. (a . -.. ---···· ruways scored higher than ,. --------------------------------------------------------------------------~~~ .>olice cohorts," Tonsing said. .t the two protective services t a daily basis is very differ- truly an apples and oranges ion, bur we consider anv above "4" ro be more than City attorney re affirms water fund must be used for water projects _ tcrory," he added. ie poll results are available in y manager's office. Call 303- -720 for more information. 4 .12 ·:4.06 3.64 ·3A9· 3.47 The results of the mid-Decem- ber poll indicate that many voters · believed the city had funds to pay for a new police building without raising property taxes. Some had suggested that the city council use the Sl 1 million water utilities fund to pay for a new police building. The cirv maintained that the Littleron Water Fund, derived from water tap fees paid by homeowners since 1984, could be used only for water rela ted projects. The fund was started rwo decades ago when the cir<: believed that Denver Water would require it ro pay for Little- ton's s hare o f the Two Forks Dam. After that project was mothballed, the cilY still believed that Denver Warer \\·ould require it to partici- pate in future, unidentified water storage or delivery projects. At a study session January 11, Ed Pokorney, director of planning for the Denver Water Board, told the city council Denver Water plans to provide water for all of. the customers in its service area through the year 2050. It will finance the costs to develop new sources by passing increases on to customers. In a memo ro the city council, City Attorney Larry Berkowitz cited numerous Colorado legal cases in determining that, "fees collected by the city for sen;ce or utility purposes cannot be used for o r to offset the costs of operation of general government o r for con- structi o n of facilities nor related ro the fee." In other words, the water City of Littleton •sage ........ ~ ., ...... . ' .. ?d on land use .. .. -~ .. 2 opening M arch 26 ·! · •• 3 £nfon a~d Whi tman ·:t'C. <4 .·t 2255 West Berry Ave. Littleton, CO 80165 City of Littl eto n 2255 West Berry Ave . Littleton , Colorado 8016 5 fund cannot be wed to construct a new police building. The city co uncil asked Berkow- itz to look at legal issues involved in other possible uses of the water fund: borrowing from the fund to pay for the police building, paying for the city's water charges for municipal uses such as public buildings and irrigation, paying the cost of Denver Water increases it passes on to citizens, and others. In addition, the staff will also look at other water related uses for the fund such as drilling a well ro provide a reliable source of water for Ketring Lake and acquiring o r developing water rights to guaran- tee minimum stream Rows in the South Platte RiYer. .... ..,,.. ..i r.-. ..... ---,.; !~:-;()..;.._.-.:~.:; ram. . . . . . 5 STU FONDA DIRECTOR LTN!ENG WASTEWATER TREATMENT PLANT 2900 S PLATTE RIVER DR 1 servoir ...... . . ...... ·. •· 6 ENGLEWOOD CO 8011 o Jr ary ... ..... 7. This year, the Littleron Police Deparnnent receiYed special recogni- tion for its parti cipation in the 21st Annual Nati onal Night Our Program (NNO) from the ~a ti o nal Associa- tion of Tmrn Watch. In October of 2004, the Littleton Poli ce Department was informed that Littleto n had been selected as a national award \\·in ner for o ut sta nding participation in the 21st Annual NNO crime, drug and \·io lence p revention program. The department receiYed the awa rd o n December 2, 2004, in recogniti on of ex traordin ary participation in the NNO 2004 campaign. 11au:: WlUI UIU~t: pt:~KY Ill ne1 that might not warrall' A T T. 7 )rdi in professional help. L ~··o ~···--~· -· _ __ Ch i Littleton residents Chuck and Fra ser a t 303-794-9216 Ginny Fraser began the program in 2000. During the last five years, hundreds of citizen s have ben- efited from the program. Available to Ci tv of Littleton residents who qualify, the Handyman P rogram is run by volunteers who have multiple skills in minor household repairs , such as leaky faucets and further information. South Platte Par South Platte reservoir to begin filling in 2007 Th e Gates Famih-Fo ti on aw arded a 520 ,00 0 Cha Gram towards the refurbi s i of the Carson '.'Jarure Cen South Platte P ark . H owevt fund s will onl~· be made avail the full project budget of 52:- is rai sed before November and is march ed to printe raised. Previ o u s gra m s an d tion s to tal S18 6,000. P rogress is being made o n tran sfo rming the Kiewit Gra\·el Pit into a viab le water srorage reservoir, called the South Pl atte Rese n ·o ir. I t is located n orth of C-470, west of So uth Pl atte Park, and east of Platte Cam·on Road. The reservoir will be mvned and o perated b\· Centennial \v·arer and Sanitation Di strict, in co ncert with Mclellan Re sen-oir, ro meet th e grov>ing water demands of Hig hl and s Ranch , a commun ity of 75,000 peo ple that \\·i ll g row to approximately 90 ,000 to 95 .000 when built our. \X nen filled, the reservoir will COYer 154 su rfac e acre s and have a capacity to hold over 6,000 acre-feet of \Vater . The entire 212-acre property, including the land aroun d the re se n ·oir, is in the CitY of Littleton and will be m anaged b1· South Suburban Parks and Recre ati on as a part of So uth Pl atte Par k. 11ith Centennial Water and Sanitation Di stri ct man agi ng the \\·ater storage faci lities and operatio n s. South Pl atte Park staff wi ll patrol the area and assist in the land management responsibilities . Pl anning fo r the re se rvo ir started in the mid-l 990s and invo lved Centennial \\'arer and Sanitati o n D istrict , Roch ~fou ntain Co n - sulting /Terra Tech , the City of Littl eto n , So uth Suburban Parks and Rec reati on and the surround- ing neighborhoods. T hree sources of water will fill th e reservoir after it is completed at the end of 2006 . Filling the reserYo ir will begin so m e time in 200 7 at a maximum rate of o ne foot per day, although actual filling will probably be slower do to water source su pply limits. Be ca u se the So uth Platte Res- ervoir will significantly fluctua te up and down, it is expected to provide o nl y Yery limited recreational o ppo rtunitie s. Additionally, since it is a drinking water supply, it will be cl osed to fishing, S\vi mming, boat- ing and other general public use. H owever, provided the re is enough water in the reservoir, acc ess to the water itself may be ava il able to the public through guided canoe- ing trip s o r instructional boating classes. P arr of th e so uth shore and the east shore will be available for wildlife o bservati o n and a viewing area will provide an overlook of the resen·oir and the south end of So uth Pl atte Park. Handicap acce ss may also be provided along the south shore. The entrance to the reservoir will be from Platte Canyon Roa d . Acces s to the park from C-470 will be closed. So uth Platte P ar k ]eye 515,000 in capi tal funds pn b ~· the Ci ty of Littleton and Suburban Park s and Recr c that re su lted in the award 5135,000 g rant from Greai d oors Co lorad o, co mbinec 58,000 from \\-hiri ng Petr and another 58,000 in indi do n ati o n s. Mo re gram appli c More than 100 citizens, Si the "Involving New Am January 24. The Sprin g Discovering Our Strengt Dreaming Our Future. P: except Australia and Ar various subcommittees. T Q) t-' \- <( ·.·. •,.:-:.·· .·, '•. ·' ::·:: ::·.': .. : ... \ ... "-::: ::\(: vv !\\.::' ;.·:.' ... /~,( '• '. r:xc · .. !(:< ... ·· ,.:·:::· . :·:~:?. <l· ·; ...... . . . :.'.~:: .· .. _ I •:: .. ::~ .',' '. : :::.·. ,, ··: . .: ·?( .·· . :·· .. ~;, __ ,. .. ....;.::...;__;,. . . . ' ····-····'..! ....... 1.; .. , •••.• : ..... -.... , ___ _ ,_, . ·~Dd;1 ve1,-Po sf= 1 //c1(t . . .. _ ........ Short oll water, I -~ . not disputes SOUT H METRO CRIS IS LOO MS Castle Rock and other communities can't agree on forming a regional water board to address affordable solutions to tire dwindling supplies in their shared aquifer. By Joey Bunch Denver Post Staff Writer Castle Rock -A new study shows the water siipply beneath Castle Rock is falling much faster than the town is pumping it out. · A Castle Rock well that the town has not pumped in a year continues to dwindle as nearby :.• _::··, ..... ::·; ~ . . .. ' : ::j . .. : .:; '.~ ~:. ·: ... .·'.:' . . : :~: ·•.• .. · .. ,. f· ~ . towns and utilities pump from the same under- ground source that feeds much of the south metro region. "I wasn't surprised it continued to drop, but I was surprised at how fast it was dropping," town utilities director Ron Redd said Friday. Castle Rock leads the south metro region in stretching the relatively inexpensive under- ground water supply -drafting toughe r develop- ment codes, passing turf restrictions and studying ways to capture and reuse irrigation. But the town's efforts to save wate r, which will cost resident; millions of dollars , are diminished by the thirs ty practices of its fast -growing neigh-· bors that sha re the Denver Basin aquife r . " Castle Rock's efforts won't save the aquifer un-.. Jess south metro communitie s pull together in an expensive regional effort, town officials say. But the division among communities over pow- er and money is fueling d e bate over proposed leg- islation to form a regiona l wate r board to oversee a multibillion-dollar solution. The fix includes res- ervoirs, pipe lines and compromises -among long- time competitors. So a ring south m e tro res idential bills to pay for deeper wells or the plumbing to deliver mountain water may be just a decade away, said Colorado Senate Majority Leader Ke n Gordon, a Denver Democrat passionate about urban water issues. "People who are living down there are living in >See WATER on 46,• . .- ·:::; '; .-:. '.:'. . ·:·~· ·. . · .. . .. ---.. ..-· .. ·.· .. · -· .... ·-.:····· ·• .; 48 Tim DENVER POST * .WATER: F Level drop spurs need for board < CONTINUED FROM lB a dream world when it comes to water," Gordon said. "They can't begin to imagine what they're going to be payillg for water in 10 to 30 years." A 2003 study of the region's water supply estimated the cost of plumbing, storage and pump-. ing new supplies will range ' from s2.5 billion to more than s4 I billion. I . Gordon said experts tell him I · south metro residents will pay $32,000 a house for new water supplies -built into hookup fees and monthly bills -iri one to three decades. But before officials can begin working on reservoirs and pipe- lines, lon~ime rivals will have to bridge decades of acrimony over water issues. Castle Rock Town Council- man Jay Richards is losing faith in the sputtering efforts to craft ! legislation for a ~outh metro wa-·' ter board to do the job. "I'm less optimistic every week," he said Friday. Elected officials are "muddy- ing up" the bill with individual demands, Richards said. Tom Grimshaw, the Denver water attorney drafting the leg- islation, said that provincial bickering "at some point has to end," if leaders are to resolve the looming water crisis. "Anybody you talk to agrees we have to find renewable wa- ter and that we have to work on the aquifer issue as a group," Grimshaw said. "They may ar- gue about whether it happens in five years or 10 years, but every- body agrees it has to happen." Frank Jaeger, manager of the Parker . Water and Sanitation District, has demanded changes in the regional water board pro- posal He challenged how voting members of the board would be chosen and whether the votes could be stacked against Park- er. He demanded the right to opt out of any project that would cost his customers mon- ey but give them little or noth- ing in return. "We 're making progress on those issues," he said Friday. .:.·.··.· .. Jaeger pulled Parker's involve- ment in the regional aquifer study before it was released in 2003; the process was bogging down, he said. I "Clearly (Parker's) voice was . not being heard, and we · were J clearly on the side of the fact 1 . : that the aquifer is falling and we : need to get bus,y doing some-I · thing about it," Jaeger said. "That wasn 't happening, and it's still not happening." Staff writer Joey Bunch can be reached at 303-820-1174 or jbunch@denverpost.com. .. -· . --.···_:-. ~-· "{.·--·· ·-'.·:· '.·.' ... . ·;:· ..... . ·.' · .. ·:·· -:-:-: :-,-:--· . . . -·· .-.· ~ .. ·. ,,.._ ..•.. : ·-·:-' .· -· :-·--· . ·--;.-.:~-----.--.-· ·.:. <~-::- :~ . .D~~:~:~-~ ~~-.' i~ Pt~.... . ;;;/it.1-/~ Def\~ G~=t= · ., .J :Denver might ease water ·J ··; ru1es · P.t_ojections suggest reservoirs will hold enough this summer ) .: : \_<, . . . . . \ . . . By Kim McGuire _Denver Post Staf!Writer Based on current storage projec- tions, restrictions this summer are unlikely. There's a 90 percent chance that the reservoirs supply- ing Denver Water will be at least 75 percent full on-July 1 when demand is at its peak, water planners said during a board workshop. view things today -there is no rea- son to anticipate drought restric- tions," said Ed Pokorney, Denver Water's director of planning. ., . .,.· Summertime drought restric- tions might not be imposed on Den- ver Water's i.2 million customers, utility officials said Wednesday. If Denver Water's board of com- missioners agrees, it . would mark the first time in four years that cus- tomers won't be formally asked to Curtail water use. If the reservoirs are less than 65 per- cent full, mandatory drought restric- tions become likely. Several of the commissioners, however, expressed serious reserva- tions about making predictions as to whether drought may finally be easing its grip on Colorado. "It's just too early to telegraph "We are suggesting that -as we > See DROUGHT on 48 ''DROUGHT: Water rules may ease · <CONTINUED FROM 18 there won't be restrictions. It's just February," said Commis- sioner Denise Maes. Commissioners and Denver Water staffers also discussed the possible ramifications of not imposing drought restric- tions and whether it might prompt some customers to waste water. During the past' few years, Denver Water customers have significantly cut down their de- mand even as the Front Range . cities have grown. For example, Denver Water delivered 59.4 billion gallons last year, 22.6 billion gallons less than the utility did before the drought barreled down on Colorado in 2002. Those consumption levels haven't been seen since 1969, despite a 65 percent increase in the number of customers since then. Utility managers don't know whether the drought restric- tions, rate hikes or customers changing their behavior is at the root of the diminishing de- mtnd. "'We're defmitely halfway be- Snowpack update Based on snowpack so far this winter, there 's a good chance that the reservoirs supplying Denver Water will hold enough water so that summertime restrictions won't be necessary, planners said Wednesday. Colorado basins Percentage of normal L Yampa/White: 92% 2. North Platte : 92% 3. South Platte: 88% 4. Arkansas : 126% 5. Rio Grande : 153%- 6. San Juan/San Miguel/Dolores/ Animas: 156% 7. Gunnison : 143% 8. Colorado : 104% Statewide: ll4% --~ COLORADO ·~'~. ' .... "·• i< Source: US. Naturo/ Resources Conservation Service The Denver Post tween the days of flat rates and unlimited use to a more respon- sible water use," said Denver Water Manager Chips Barry. The shift toward more con- servation, however, has trans- lated into a reduction in reve- nue the utility brings in from water sales -an issue that the board will be grappling with in coming months. Current estimates indicate that Denver Water might lose more than s24 million in reve- nue thi• year if demand is as low as in 2004 and there is a re- duction in sales beyond what is currently budgeted. Among the things the board might consider is a midyear rate hike, which is something the utility hasn't imposed since 1994- "We've done all the financial tricks," said David Lafrance, fi- nance director. "At this point, when we reach in, we're not pulling out rabbits anymore." Staff writer Kim McGuire can be reached at 303-820-1240 or kmcguire@denverpost.com. Date March 21, 2005 INITIATED BY Utilities Department COUNCIL COMMUNICATION Agenda Item Subject License Agreement for 4901 S. Lipan Dr. STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council granted Mr. Dryer of 4901 S. Lipan Dr. a license agreement on May 19, 2003 to construct an asphalt driveway and maintain the City's easement along the City Ditch. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their March 15, 2005 meeting, recommended Council approval of the License Agreement to install a fence and maintain a portion of the City Ditch at 4901 S. Lipan Dr. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Mr. Michael Dryer submitted a License Agreement to install and maintain 133' of 6' cedar fence within the City's easement along the City Ditch, which is enclosed. Mr. Dryer's residence is at 4901 S. Lipan Dr. The proposed 6' fence would provide enclosure yard enclosure and privacy. 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. Dryer to install and maintain a fence in the existing City 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. FINANCIAL IMPACT None. LIST OF ATTACHMENTS License Agreement Bill for Ordinance ~· . .~ . "' ,· ( .· .. :1 • ~ ' ~ ·- TEvIPORARY CONSTRUCTION EASEMENT This Temporary C~nstrucrion Easement (the Temporary Easement) is entered into this_ day of , 2002 by and berween the City of Englewood, Colorado, a municipal corporation of the stare of Colorado, acting by the through its Water and Sewer Board (Grantor) and r---x--r------:>"l~r-------------- ;ftv£<-,<.:f P lJ/fY.:::·f< ( Granree ). WHEREAS, The City of Englewood owns a right-of-way for the City Ditch, a carrier ditch (City Ditch RO\V) which is loc:i.ted as described on Exhibit A. \VHEREAS, __ -=--_______ desires rn install a f€k</<-.:=' £)V.::;f~6/~ 0/1/ L.1 1 yctf}-7<::.(1 wirhin rhe City Ditc!:i ROW pursuant m7a license berwee:-i ch e part ies . NO\V , THEREFORE . In cons ide:-:ition of l:he mutual cove:rnms of rhe pmies, more particularly hereinafte:-ser forth. rhe adequacy and sufficie:icy of whicll are he:-eby acknowledged it is agreed as follows: -' - l. T e:noorar: C onsu-J cti on Ease:nent. Engie •.vood (as Granror ) hereby grants to (as Grantee ), its successors, assigns, contractors , and sub -,;onrr:i.c:ors, 1 non-exclusive temporary construction easement chr ouzJ.. over. under 1nd lc:-oss :he Citv Ditch RO\V for the -. . insra ll ation of a -------------~ ----------------------pursuant to a license agree:nem (the Projec:). 2. Tenn ofEase:ne;ir. The Projec: will begin no sooner than and will be complered no later rhan . Completion of che Project will be deemed ta have occurred upon inspection and approval of the Project bv Granter and this T emoora.rv Easement will be deemed to have terminated . . . upon such comp let ion. 3. Access. Grantee shall ha ve the temporary non-exclusive right to enter the City Ditch ROW for any reasonable purpose necessary or prudent for the consrruction of che Project sub jeer ro the following restric ti ons: I) normal working hours shall be consistent with CDOT constructio n hours, Monday through Friday and 2) the operation of equipment and he:ivy trucks will be pennirted on the Englewood City Ditch RO\V only during normal working hours. '• ' 4. Restoration. Upon completion of the Project, Grantee will perform such restoration and regrading as is necessary or prudent to restore the surface area of the City Ditch ROW to its original condition. 5. Indemnification. Grantee , to the extent permitted by the laws and consrirurion of the State of Colorado, hereby agrees to be liable and hold harmless the City of Englewood., its employees, tenants, and guests from any and all claims, causes of action, and liability which may occur as a result of the negligent or wrongful acts of Grantee in the construction of the Project, including the cost of defending against such claims. 6. Liabilitv . Grantee hereby acknowledges that it understands that there is water flow in the City Ditch from A.pril l to ~ovember l of each year and that it will assume liability for any damage to adjoining property caused by water flow resultin!Z from damage to rhe Cirv Ditch c:iused bv the Grantee's --... ... consrruction Jc:1vmes. 7. Insurance. Grantee shall maintain in fu II force md effec: a valid polic y of insurance for the P:-oje::~ in rhe :m:oum of S6 00,0 00 .00 property coverage and 56 00,000 .00 liabdiry coverage. Grantee fu~t.e:-::igrees that all irs employees, conrrac:ors ::ind sub--:onrrac:ors \vorking on :he Proje::: shall be covered by adequate Workers Compensation insurance. 8. AssiQ'!lmenr. This T i:!mporary Consrruc:ion :::lse:nenr is assignable only with the written pe:-mission of Engk.vood, whicJ. ?ermission wi ll nor unre:isonabl y withbe!d. conditioned or delayed. ~· WIT.'1cSS \VHEREOF , the ;Jarties J.ere~o ha\·e executed i:his temporary consm1ction E:isement on rhe dare and day firsr '-Vri rten ahove. . :~:~,.:----.._-~~~-~---·--~-·-· .. ·-"-:....·---·-~.--·-=-------·· .. -. ------------···-. -. -·--·. ·-------------------------·----------------·------ .. ; . ~ •' ,. ... I "' . In granting the above authorization, the City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under control of the City. IN WITNESS WHEREOF this instrument has been executed as of the day and year first above written. CITY OF ENGLEWOOD Stewart H. Fonda Director of Utilities City of Englewood Chairman Englewood Water and Sewer Board The undersigned officer of ________________ has read the foregoing License and agrees fo r an on behalf of said __________________________ that it will accept and will abide by all the terms and conditions thereof. LICENSEE: Title: -------------- Address: /.j9'o/ 51 . L1~cef' ~k&Jklo4 G Phone: l::J . .i'-??(-(1[9( Notary: .:=4/l c/,P,1 Q b l~ -. ( v My commission expires: t/--,){ -0 7 :··~:-------·---·-· .. ·-·-·--.. ·-·-·..c .. ~.:.....:...._ ____ ... .._._4,, _ _,._,_. ___ ._ ....... _. ____ .,_._:.,.·.·-·-·-·-------·····-.·•.•.·.•.-.·.-..-.... ·.-.....---.-.. ·--·--·--------------·---·-·· ._._ .... ·------·-·-·-----·-------------------------------·-------------- .·, LICENSE · CITY DITCH CROSSING AGREElVIENT THIS LICENSE AGREEMENT, made and entered into as ofthis day of _____ _, 19_, by and between the CITY OF ENGLEWOOD, a municipal Jl1f~o?~.8gY+.~~Jrado, herein referred to as "City", and herein referred to as "Licensee". WITNESSETH: The City without any warranty of its title or interest whatsoe~r, hereby authorizes Licensee, its successor, assigns, to install a FW'<.:>-0 eA/CP1:J l!C.cU r/f/c ~ p ~ s rights-of-way for the City Ditch, described as a parcel of land situated in the_ ------------------------of Section ____ _ Township -----------------Range of the _____________________ P.M .. County of Arapahoe, State of The above-described parcel contains / 0 Jot/ /J-G/(_ :! .::[ . more or less. 1. Any construction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans, consisting of one sheet, a copy of which is attached hereto and mad e a part hereof. 2. The Licensee shall notify the City's Director of Utilities at least three (3) days :e.ti_er to the time of commencement of the construction of, or any repairs made to, Licensee's ;--ed/&8 ------------------------so that the City may, in its discretion, inspect such operations . 3. Within thirty (30) days from the date of the commencement of construction of said ~C:::::: the Licensee shall complete such construction, place and maintain permanent, visible markers , of a type and at such locationsas designated by the City's Director of Utilities, referring to the centerline of the installation and shall clear the crossing area of all construction debris and restore the area to its previous condition as near as may be reasonable. In the event the planing of the centerline markers and the clearing and restoration of the crossing area is not completed within the time specified, the City may complete the work at the sole expense of the Licensee. 4. The City shall have the right to maintain, install, repari, remove or relocate the City Ditch or any other of its facilities or installations within the City's rights-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. In the event the fi(!!!:?A/"C-2. ---------should int erfere with any future use of the City's rights-of-way by the City, the Licensee shall, upon request and at its sole expense, relocate, rearrange , or remove its installations so as not to interfere with any such use. 5 .. -~Y repair or rep.l~c.ement of any City installation made ~~ary, in the opinion of the City s Director of Utilities because of the construction of the ~/'fL.c:::=;::::? ~--------------------------~orotherappurtenant installation thereof, shall be made at the sole expense of the Licensee. 6. The stipulation and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done on a contract basis. 7. 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 to determine the existence of said documents or conflicting uses or installations . 8. The Licensee shall contact and fully coo perate with the City's personnel and the construction shall be completed without interference with any lawful, usual or ordinary flow of water t hrough t he City Ditch. Licensee shall assume all risks incident t o the possible presence of such waters , or of storm waters , or of surface waters in the City Ditch . 9. All trenches or hol es within the City's rights-of-way shall be backfilled and tamped to the original ground line in layers not to ex ce e six (6) inches loose measure to a compaction of ninety percent (90%) Standard Proctor Maximum Density. 10 . Licensee , by acceptance of this License, expdessly assumes full and strict liability for any and all damages of ev ery nature to person or pr operty caused by water from t he ditch le aking t hrough t he ditch banks or pipeli n e at the point or points where the Lic e nse e performs any work in connection with the cr ossing provide d by t his License . The Licensee assumes all responsibility for maintenance of the in stallation . 11. Licensee shall indemnify and save harmless t he City , its officers and employees, against any and all claims , damagtes, acction~auses of a ction and expenses to which it or they may be subjected by reason of said-~"'""'--~.._=->r:...-~C'!..:;·:,.._ ___________ _ being within and across and under the premises of the City 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 installation. 12. It is expressly agreed that in case of Licensee 's breach of any of the within promises , the City may, at its option, have specific performance thereof, or sue for damages resulting from such breach. 13. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate , but its obligation to indemnigy and save harmless the City, its officers and employees, shall not terminate in any event. In granting the above authorization, the City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under the control of the City . -2- In granting the above authorization, the City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under control of the City. IN WITNESS WHEREOF this instrument has been executed as of the day and year first above written. CITY OF ENGLEWOOD Stewart H. Fonda Director of Utilities City of Englewood Chairman Englewood Water and Sewer Board The undersigned officer of _________________ has read the foregoing License and agrees for an on behalf of said ___________________________ that it will accept and will abide by all the terms and conditions thereof. LICENSEE:.~ /111~~?2 Notary: By: ______________ _ ('(fz~ <f la 2v My commission expires: Address: --------------4-aJ"-07 Phone: -------------~ /33Fr G ff c.EOFI( RA/C-~ • Mr. Stewart Fonda, Utilities Director City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Subject: Trees and Shrubs on McLellan Reservoir Perimeter Dear Mr. Fonda: March 9, 2005 I have had several conversations with Bill McCormick on this issue . He suggested I write you to start a dialog regarding the removal of "nuisance " trees and shrubs at the reservoir-hence this letter. I have been authorized by the Board of the Peninsula Homeowners' Association to do this. I am a member of the Board. In addition to this memo , I'm sending along a list of the areas affected entitled Tree and Shrub "Pollution" @ McLellan Reservoir; and a series of pictures. By regular mail l'll send hard copies of the pictures, marked to key to this list; and a marked up aerial photo that shows the approximate locations of the identified areas along the water's edge. I'm making two mailings because I don 't know how to number the photos or highlight the aerial shot electronically. Background: One of the key reasons homeowners bought homes at the Peninsula was the splendid view over the water. In my own case, shortly after we moved here in 1998 a couple of scrubby Russian Olives below our wall died and I called the then reservoir Warden about cutting them down to improve the scenery. He responded by coming to our place and doing just that-very n ice of him. While he was here we chatted about the reservoir and trees in general and I ascertained a rather "relaxed" attitude about clearing out scrub growth. The next year it became apparent that there were a lot more dead Russian Olives and Cottonwood volunteers below the wall , just in a different p lace . I called the Warden and asked ifhe had any objection to my cutting these down-so he wouldn 't ha ve to be bothered. He said OK as Jong as I stacked the resulting wood at the base of the wall so it wouldn 't float away in the water. I recruited one of my ne ighbors and the two of us did just th at one morning. Since then I've called your new Warden (Jerry Olsen) a couple of times (spring of2004 being the last) to ask if it was OK to cut down the Cottonwood seedlings that had grownup on the "beach" by our property, during the last two years of low water. As before , he gave me permiss ion , and I did just that. My neighbor did the same thing. (Together we probably cut out over 150 seedlings). In addition, after I asked what the City 's policy was on cutting in general, Jerry came by last summer and trimmed an out-of-control live Russian olive that was hanging over the wall and into our path. We appreciated that. The Current Situation: Over the last year or so two new neighbors , at 8121 (Urquhart) and 8131 (Vranesic), have moved in. Both are concerned about their view and "maintenance" of the growth behind their homes . This winter they asked me about this and I related my experiences. I offered to call Olsen to clear their proposed clearing since I had dealt with him before . This time he said the City didn't want anybody on the property, primarily because of liability issues. That led to more discussion and my asking what we could do to ensure that the views , and values, of property owners would be maintained. He suggested I talk with Bill McCormick Superintendent, who said I'd have to get Association approval; put in writing what we wanted to do ; send along pictures, and provide some assurance of "no liability" to Englewood . .. Later, Mr. McCormick asked that Littleton sign off on any action because of their interest in preserving trees within their boundaries . After a conversation with Charley Blosten he agreed to have the Littleton Arborist, Douglas Flaig research this and send a memo to your city. I later learned that Littleton is concerned only with cutting down trees larger than 4" in diameter. You should have received this memo by now. Issues we'd like to Discuss l. Because individual property owners have been asked not to handle this themselves, those of us who want to keep our views need some direction. We 've had questions from a number of property owners around the perimeter about this same "view" issue-not just my immediate neighbors . (The aerial view shows all these areas and the resident list gives you an idea of the extent of the concern). 2. We would think there 's also a conservation side to this. Cottonwoods and Willows are voracious users of water. We have to believe that your Water Board would be happy to clear out these "scavengers" to help preserve a precious resource and to prevent "clogging" of the reservoir. 3 . Our association has a growing maintenance prob lem in the pedestrian path behind 8161 Peninsula and 2011 Nantucket. Volunteer Willow clumps growing below the wall are out of control and are now sending out root shoots that are erupting all across the path. (The last time Jerry Olsen was here, I showed him the problem and gave him a shoot to take back to your lab to verify the variety of plant). If left alone they 'll destroy the path and create a major maintenance issue for us . Last year I dug out, by hand, a whole bunch of the se but they keep coming back, and are now in the drainpipe that runs under the path. We need t o know how this can be controlled. Willows are present all around the perimeter, but in this one place the y seem to have gone wild . 4 The last concern is loss of views because of the "downward" growth of several mature Cottonwood tree clumps around the perimeter. We have no problem with the trees, per se-they're part of what makes our community unique But, as you kn ow, their nature is to grow in random directions, including downward. That growth has also degraded a number of view planes for residents. In this case we'd like to hire a licensed arborist to elevate these trees by about 15-20 feet from the ground , and clear out the "suckers" and underbrush at the base of these trees. (We have no intention of making this a homeowner project). We al so appreciate that these trees provide shelter and nesting places for birds of all kinds . We don't want to inhibit this and don't believe an elevation would harm that environment. What Next? To move this along, we 'd like to meet wi th you and your associates-either at your offices or here at the site. We 're open to suggestions, but would like to get this resolved shortly before the seedlings begin to sprout and the water level rises to the point where access will be difficult. Would you mind calling me after you've had a chance to review the material s? Your help will be appreciated . Sincerely, Richard C. TenEyck 8161 S. Peninsula Drive, Littleton, CO 80120 copies to: Bill McCormick, Charley Blosten, Littleton March 9, 2005 Bill McCormick City of Englewood Utilities l 000 Englewood Parkway Englewood, CO 80 l l 0 Bill: I am writing in response to a request from Dick TenEyck of 8161 South Peninsula Drive that the Peninsula homeowners and/or City of Englewood staff be allowed to remove volunteer cottonwood trees from the edges of the McLellan Reservoir. Our regulations regarding such removals are relatively simple. You are free to remove any trees smaller than 4" Caliper at any time for any reason. The City Code requires property owners to obtain a Tree Removal Permit prior to removing any tree with a trunk size greater than 4" growing anywhere within the city other than on a single-family residential property. Per the City Code, I can issue these free permits only if one or more of the following six conditions apply: I. The trees or shrub masses are diseased and no other reasonable alternative to removal exists; 2. The trees or shrub masses are dead; 3. The trees or shrub masses are in a location or in such condition as to endanger the public or an adjoining property owner and no other reasonable alternative exists; 4. The removal of the trees or shrub masses is necessary due to construction activities and no other reasonable alternative exists: or 5. The overcrowding of trees at a specific location threatens their health and makes the requested removal appropriate . 6. The trees or shrub masses significantly impede the normal water fl.ow of a carrier ditch, canal, storm sewer or the jl.oodway of a natural watercourse. I have also been permitting the removal of Russian Olive trees (an invasive species). In summary, you can remove any trees smaller than 4" Caliper without contacting me. Please obtain a removal permit prior to moving any trees larger than 4" Caliper. I am enclosing a removal application for your use, should you require one. Please call me at 303-795-3766 ifl can be of further assistance in regard to this matter. Sincerely, David W. Flaig City Landscape Architect and Arborist Encl: Removal permit cc: Charlie Blosten, Dick TenEyck