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Home My WebLink About2005-04-12 WSB AGENDAWATER& SEWER BOARD AGENDA Tuesday, April 12, 2005 ALLEN FILTER PLANT 1500 W. LAYTON A VE. ENGLEWOOD, CO 80110 (MAP ATTACHED) 1. MINUTES OF THE MARCH 15 , 2005 MEETING. (ATT. 1) 2. DAVID HILL UPDATE DATED MARCH 7, 2005. (ATT . 2) 3. WATERING RESTRICTIONS FOR 2005 . 4. PHASE II STORMWATER PERMIT WITH ENGLEWOOD SCHOOL DISTRICT. (ATT. 4) 5. RECIRCULATION SYSTEM UPDATE . (ATT. 5) 6. WATER MAIN FLUSHING -WEEK OF APRIL 18. 7. OTHER. Map of 1500 W Layton Ave Englewood, CO by MapQuest Maps 1500 W Layton Ave Englewood, CO 80110-6420, US -Englewood Hotel Offers -Englewood Flight Offers Find Nearby: (e.g., Theaters) E =::=:::i:;iJOOm '' 0 900ft W Stanford Pl Get Directions [!~3 Above Location Address or Intersection ~~~~~~~~~~ City ZOOM IN .0 _J -_J _J _J _J _J _J _J _J m ZOOM out Page 1 of2 Search Englewo· MapQuest Sea ~ Englewood Offe1 i::n ~w o_o_Q_Jj_Q.tels. Engl ~g_od Ill_sµn;i_m;g_ Englewood Schools Eng l ewood Flights Colorado Vacations Englewood Homes ColQ_r_ado H_omes E_11gkwo_Qd N~_w__c;:ars C oLoril _d o_R es_o rts. Englewood Apartment Englewood Jobs Englewood Real Estat http://www.mapquest.com/maps/map. adp ?searchtype=address&country=US&addtohistory=... 41612005 ... WATER AND SEWER B O ARD MINUTES March 15, 2005 ATT. I The meeting was called to order at 5:05 p.m. Members present: Members absent: Also present: Bums, Higday, Cassidy, Otis, Bradshaw, Habenicht Clark, Moore, Garrett Stewart Fonda, Director of Utilities 1. MINUTES OF THE FEBRUARY 8, 2005 MEETING. The Englewood Water and Sewer Board approved the minutes from the February 8, 2005 meeting. Mr. Higday moved; Mr. Bums seconded: Ayes : Nays: Members absent: Motion carried. To approve the minutes from the February 8 , 2005 Englewood Water and Sewer Board Meeting. Bums, Higday, Cassidy, Otis, Bradshaw, Habenicht None Clark, Moore, Garrett 2. SOUTHGATE SUPPLEMENT #160. 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 for erecting 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 Colorado Blvd. in Greenwood Village at 5665 S. Colorado Blvd. Mr. Burns moved; Mr. Otis seconded: Ayes: Nays: Members absent: Motion carried . 3 . WATER METER PURCHASE. To recommend Council approval of Southgate Supplement #160 to Mr. James Dill for inclusion of 2.3 acres of land zoned single family resident. Bums, Higday, Cassidy, Otis, Bradshaw, Habenicht None Clark, Moore, Garrett The Utilities Department is converting the metering system to the ITRON Automatic Meter Reading System. All meters and registers purchased will be compatible with the ITRON System. A portion of these meters will 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 ITRON system. Englewood's meter order is being placed 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. Ofthis amount, approximately $19,000 will be resold to Englewood customers for flat-rate to meter conversions. The Utilities Department purchases water meters needed for an entire year by requesting one large bid proposal for additional cost savings. 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. Mr. Habenicht moved; Mr. Otis seconded: Ayes: Nays: Members absent: Motion carried. To recommend Council approval of the purchase of water meters and yokes from National Meter and Automation, Inc. in the amount of$76,785 .10 . Bums, Higday, Cassidy, Otis, Bradshaw, Habenicht None Clark, Moore, Garrett 4. NUISANCE TREES AND SHRUBS AT McLELLAN RESERVOIR. The Board received a letter from Richard TenEyck of 8161 S. Peninsula Dr., representing the Board of the Peninsula Homeowners ' Association in Littleton, located on the peninsula at McLellan Reservoir. Th e purpose of the letter is to negotiate removal of "nuisance" trees and shrubs at McLellan Reservoir. After discussion with Utilities ' staff and the City Attorney, and trying to maintain a "good neighbor" policy, it was recommended that homeowners be allowed to remove the cottonwood seedlings on the condition that they sign the City of Englewood's release of liability, drafted by Englewood 's City Attorney, before entering the McLellan Reservoir property. Tree service quotes will be obtained to trim the larger cottonwood trees and the willow clumps that are encroaching into the homeowners ' perimeter wall and path area around the peninsula. The homeowners may share costs in trimming the larger trees, depending on the quotes obtained. The Utilities is waiting on quotes to be received for the cottonwood tree trimming and willow clump removal, to evaluate Englewood's participation. 5. LICENSE AGREEMENT FOR 4901 S. LIP AN DR. 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. 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. Mr. Habenicht moved ; Mr. Cassidy seconded: Ayes: Nays: Members absent: Motion carried. 6. INFORMATIONAL ITEMS: To recommend Council approval of the License Agreement to install and maintain 133' of 6" cedar fence with the City's easement along the City Ditch at 4901 S. Lipan Dr. Bums, Higday, Cassidy, Otis, Bradshaw, Habenicht None Clark, Moore, Garrett The Board received the following informational articles: A. Article from the Littleton Report dated February, 2005 , "City attorney reaffirms water fund must be used for water projects ." Many voters believed the City of Littleton had funds to pay for a new police building by using the $11 million water utilities fund . The City is maintaining that the Littleton Water fund , derived from water tap fees , could be used only for water related projects . B. Article from the Littleton Report dated February, 2005, "South Platte Reservoir to begin filling in 2007." The article discusses progress on transforming the Kiewit Gravel Pit into the viable water storage reservoir called the South Platte Reservoir. Three sources of water will fill the reservoir after it is completed at the end of 2006 . C. Article from the Denver Post dated February 14, 2005, "Short of water, not disputes." In the article, Castle Rock and other communities are divided over proposed legislation for forming a regional water board to oversee an affordable solution to the dwindling supplies in their shared aquifer. 7. WATER QUALITY IMPACT STUDY -PROPOSED DOG PARK. Stu discussed the proposed Water Quality Impact From Recreational Activities Study to be completed by Camp Dresser & McKee . The purpose of the study is to gather information regarding water quality impacts observed and best management practices implemented. City Council will be discussing at their next study session. The meeting adjourned at 5:55 p .m . The next Water and Sewer Board m eeting will be Tuesday, April 12 , 2005 at 5:00 p .m . in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary Daniel L. Brotzman March 7, 2005 Page 2 A TT. 2 Introduction. This month's bill is greatly increased by work on the g:n~ Colorado !!IIlentation plan , the FRICO chancre case and the "cren " item which required statements of opposition to comp ex applications tied to the FRICO change as well as some 16 other statements of opposition to applications in the December resume . The Central au!!IIlentation plan is the attempt by the South Platte farmers to continue their over-diversions of well water. The case is extremely important to Englewood. However, there are numerous other opponents who are well-funded and well-prepared. With the budget in mind, I am working hard to reduce Englewood's participation to those areas where we can be of particular benefit. The case is set for a fuw:-week trial in Mav and ~but I hope to reduce our participation to opening statement, closing argument and some "cameo" appearances to cross examine of Applicants ' witnesses on areas where we are uniquely prepared. Joe Tom Wood will appear as an expert for Englewood, Greeley and Black Hawk, and I think I will let their attorneys present his testimony (again in the interest of the budget) unless their attorne ys feel there are some are as where I am better equipped (which may be the case ). Ihe FRICO case and assoc i at ed new applications is an entirely different situation. Our usual allies are heavily concentrated on the Central case and have done very little preparation. Some will be opposed to us. Centennial will probably support FRICO. because Centennial is negotiating to buy some of the water which FRICO intends to sell if its cases are approved. The current FRICO situation is this. An outfit called U nited W ater District has a huge amount of money available. from sources which are presently unknown. United has bought the historic "70 Ranch.'' a 13.000 acre ranch east o f Greeley on the Pl atte, with a lot of senior water rights. United and FRICO have gone into a sort of partnership . U ni ted is to be able to use all of the FRICO ditches and reservoirs in Beebe Draw , and will use water di verted through the FRICO facilities. All of the FRICO and Burlington rights are to be changed to municipal use and made available for sale to United and East Cherry Creek. The 70 Ranch rights are also to be changed to municipal use , and are likewise to be for sale. !J.nited and E ast Cherry Creek plan a water treatment plant jn Beebe Draw below Barr L~e. with pumps and pipelines to transport the water to East Cherry Creek. Hi~hlands Ranch. and various ~· The 70 Ranch rights will be exchanged up to Beebe Draw below Barr Lake and diverted by wells there. The well water will go into the treatment plant. FRICO's rights and some of the 70 Ranch rights @ve been illegallv expanded for ,generations,39d it js verv imE.£_rtant that this expansion be terminated. In addition, the FRICO and United applications would further expand the FRICO and 70 Ranch rights. Any expansion impacts the Englewood rights. 1. General (#001): This matter is our general file for work not attributable to specific cases. In some instances, the work is not specific to a particular matter. In other instances. the time spent on any individual matter is not large enough to justify a separate bill, but the time on the group of matters is significant. This includes charges related to general calendaring, reviewing various daily incoming pleadings and correspondence, overall case management and other activities that are not case specific. It usually includes preparation of rnany statements of opposition. Date April 18 , 2005 INITIATED BY Utilities Department ATT. 3 COUNCIL COMMUNICATION Agenda Item Subject Phase 11 Stormwater Permit with the Englewood School District STAFF SOURCE Stewart H . Fonda , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The original Stormwater Fund was es tablished in February, 1993 to provide system maintenance , NPDES permitting , plan reviews and field locates but did not provide for major capital improvements and rehabilitation. RECOMMENDED ACTION The Utilities staff recommends Council approval for the Intergovernmental Agreement with City of Englewood and Arapahoe County School district No. 1 for the MS4 Stormwater Permit. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The C ity of Englewood has drafted an application to the Colorado Water Quality Control Division for approval of a Phase II stormwate r perm it. The A rapahoe County School District No. 1, Englewood Schools has been classified as a "nonstandard municipality" for the purposes of obtaining a MS4 Permit. In lieu of developing its own program and obtaining a separate Phase II stormwater permit, the Englewood School District would like to participate with the City of Englewood to be covered under Englewood 's stormwater application and permit. The C ity of Englewood is willing to incl ude the School District's property with the City's application , upon the condition that the School D istrict sign an intergovernmental agreement for development, implementation and enforcement of Englewood's municipal stormwater program within Englewood's and the School District's boundaries . The Intergovernmental Agreement includes provisions for Englewood to assume permitting responsibility, including applicable portions of the six minimum measures for non-jurisdictional municipalities . The District shall be solely responsible for addressing any resulting enforcement measure directed at the City by the Division . If the discharges originate from a property other than those owned by the district, then the C ity shall be solely responsible for addressing the Division 's enforcement measures. FINANCIAL IMPACT None LIST OF ATTACHMENTS Intergovernmental Agreement -City of Englewood and Arapahoe County School District No.1 ·;.:.':.<:":.~~r....=~·-.:.:.::.:..· •. :..::.:::-;-_::-:-·.·:--·.-.-.. _, ________ -_._-_----.·.----------.---------···-----··-·------------·----·-·-· ------------·-····-.. ·-···-···· .. "· . . ~- INTERGOVERNMENTAL AGREEMENT CITY OF ENGLEWOOD AND ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1 THIS INTERGOVERNMENTAL AGREEMENT ("Contract"), is entered into this day of , 2004, by and between the CITY OF ENGLEWOOD, whose address is I 000 Englewood Parkway, Englewood, Colorado 80110 ("City"), and ARAPAHOE COUNTY SCHOOL DISTRICT NO. I, whose address is 4101 S. Bannock Street , Englewood, Colorado 80110 ("District"). The City and the District are jointly referred to as the "Parties" in this Contract. RECITALS A. WHEREAS, the City has finalized its application to the Colorado Water Quality Control Division ("Di vision ") for approval of a Colorado Discharge Permit System ("CDPS") Stormwater Management Program ; B. WHEREAS, the Di v ision classified the City as a standard Municipal Separat e Stormwater Sewer System ("MS4 "). C . WHERE A S , the Di v ision assigned CDPS Permit N o. COR-090056 to the City ("City's MS4 p er mit "); D . WHERE A S , the Di vision classified the District as a nonstandard municipality for perm it purposes ; E. WHERE A S , the Cit y's MS4 permit boundary includes properties owned b y the District ; F. WHEREAS, the City is held responsible by the Division for all of the City's MS4 per mit requirements ; regardless of the agency which is performing the impleme ntat i on ; -G. -WHEREAS , the Distri c t wishes to be covered by the City 's MS4 permit rather than ob t aining its own permit ; H. WHERE A S , the City agrees to allow the District to be included in its MS4 Permit under certain conditions ; I. WHEREAS, t he City will be responsible for ensuring that the District complies with its MS4 permit requirements ; and J . WHEREAS , the City and the District seek to define their obligations under the City's MS4 permit by entering into this intergovernmental agreement. ··-:·:···---·-'_;:-------r r r;...;;..:_;~;_-.,;_.:_.·_.;_._~_,,_~----·-----------"".: ___ -; -- .. - TERMS OF CONTRACT NOW, THEREFORE, IT IS AGREED by and between the City and the District that: 1. GENERAL. The City and the District will have common and individual program obligations under the City's MS4 permit. The City will develop common program obligations and provide these to the District. The District will be responsible for implementing these programs on property owned by the District within the District's boundaries. The District's individual program obligations will be developed and implemented by the District on behalf of the City to comply with the permit. 2. RESPONSIBILITY FOR DISCHARGES. If the Division initiates an enforcement action against the City for a violation of the City's MS4 permit and the discharges originate from a property or properties O\vned by the District, then the District shall be solely responsible for addressing an y resulting enforcement measures directed at the City by the Division. If the discharges originate from a property or properties other than those owned by the District, then the City shall be solely responsible for addressing the Di v is ion 's enforcement measures . 3. MINIMUM CONTROL MEAS URES. The District and the City shall be responsible for implementing six (6) minimum contro l measures ("MCM") as described below. a. MCMI Public Education and Outreach. i . The District asserts that the Di vi sion has agreed to consider the District 's one-time distr i but i on of its template materials to the District 's teachers as compliance with MCM 1. ii. The District shall post on its website the Division's template materials and City's general stormwater program information. 111. Every year on or before February 15 \ the District shall provide the C ity with a report that details the District's status of integrating the Division 's template materials into the curriculum and of posting the Division 's template materials and t he Cit y's general stormwater program information on the District 's website . The City shall incorporate the D istrict 's report into its annual report due to the Division ever y year in March. b. MCM2 Public Participation/Involvement. The City shall solely develop and implement a Public Participation and Involvement Program. The District has no obligations related to MCM2 . c. MCM3 Illicit Discharge Detection and Elimination . i . The City shall develop an Illicit Discharge Detection and Elimination Program that shall be followed within the City's MS4 permit .. , boundary. The District shall implement this Program on properties owned by the District. ii. The C ity shall provide the District with training materials for the Illicit Discharge Detection and Elimination Program. The District shall train its employees, primaril y the District's maintenance employees, to monitor for and to report illicit discharges. ui. The District shall monitor for and report illicit discharges as required by the Program. d. MCM4 Construction Site Stormwater Runoff Control. i. The City shall de v elop and implement a Construction Site Stormwater Runoff Control Program. IL Constructi on : When the District has a quali fy in g construction pro j ect, constructi on plan re v iew and construction inspection will be pe rfo rmed by the D istr ict or under contract with the Distri ct for compliance with City ordinances/regulations and for proper installation and maintenance o f construction best management prac t ices (B MPs ). The site plan re v iews shall be performed under the direct supervision of a Professional Engineer registered in the State of Colorado to determine if the proposed p lans are adequate and follow the requirements of the Ci ty's permit. ni. MCM5 Po st-Construc t ion Stormwater Mana£ement. iv. Post Construction : On qualifying District projects, permanent operation and maintenance procedures will be developed and implemented by the District or under contract with the District for an y post-construction BMPs constructed as a requirement of the City 's Post- Construction Program. e. MCM6 Pollut i on Pre vention/Good Housekeeoing. The City shall develop an in-house train i ng program for City and District employees to educate them about the impacts associated with illegal discharges and improper disposal of waste from mun i cipal operations. The City shall conduct the training program for its employees , and the District shall conduct the training program for its employees. 4. DISCRIMINATION. The Parties agree not to refuse to hire , to discharge , to promote, to demote or to discriminate in any matter of compensation, performance, services or otherwise against any qualified person solely because of race, creed, sex, color, national origin or ancestry. 5. AMENDMENTS . This Contract may not be modified, amended or otherwise altered unless mutually ag r eed in writing by both Parties. ··. .. 6. AGENCY. For all purposes of this Contract, the City shall not be an agent or representative of the District, and the District shall not be an agent or representative of the City. 7. ASSIGNMENTS. No party hereto shall assign or transfer its rights and obligations under this Contract without the written consent of the other party. This Contract shall be binding upon the Parties and/or their successors and assigns, if proper written consent to assign or to transfer has been obtained. 8. NOTICES. All notices and communications required or permitted by the Contract shall be mailed or de li vered to the City at the following address: City of Englewood 1000 Englewood Parkway Englewood, Colorado 80 110 All notices and communications required or permitted by the Contract shall be mailed or delivered to the District at the following address: Arapahoe County Scho o l District N o. I 4 101 S . Bannock Str e et Eng l ewood , Colorado 80 11 0 9 . RIGHTS OF THIRD P A RTIES . Noth i ng herein shall be construed as creating an y personal liability on the p ar t o f an y officer or agent of any public body, which may be party hereto , nor shall it be construed as g1vmg any rights or benefits to anyone other than the District and the City. 10 . GOVERN I N G LAW . This Contract shall be g o verned by the laws of the State of Colorado. 11. SEVERA..BILITY. If an y word , phrase or pro v ision of this Contract is declared by a court of competent jurisdic t ion t o be invalid , void or unenforceable , then such word, phrase or provision sh a ll be deemed to be se v erable . All other provisions of this Contract shall remain fully enforceable, and this Contract shall be interpreted in all respects as if such provi sion were omitted. 12. PARAGRAPH CAPTIO N S. The paragraph captions are set forth only for convenience and reference . They are not intended in any way to define , limit, or describe the scope or intent of this Contract. 13 . TERMINATION. Either party may terminate this Agreement with one year's notice to the other. :.·1"":~~~~.-......-.~~-. .. ·-· .. ___ ._;,-.-_-.-.---.: ............. : .... -··~:--::..::..:::---.....--.------.... ~--~-~--·--. -: .. IN WITNESS WHEREOF, the Parties have executed this Contract. CITY OF ENGLEWOOD ATTEST: Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk