HomeMy WebLinkAbout2008-06-10 WSB AGENDA'
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WATER& SEWER BOARD
AGENDA
Tuesday,Junel0,2008
5:00 P.M.
COMMUNITY DEVELOPMliNT CONFERENCE ROOM
1. MINUTES OF THE MAY 13, 2008 MEETING. (ATT. 1)
2. SOUTH PLATTE RIVER PROGRAM -ENDANGERED SPECIES ACT.
(ATT. 2)
3. ORDINANCE CHANGE FOR SEWER CONNECTION & REPAIRS. (ATT. 3)
4 WATER RIGHTS UPDATE DATED MAY 7, 2008 AND A MEMO FROM
DAVID HILL DATED MAY 16, 2008 FROM HILL. (ATT. 4)
5. SOUTHGATE SUPPLEMENT #163 . (ATT. 5)
6. RELEASE OF INTEREST TO MAINTAIN A SEWER LINE AT RIVERPOINT
IN SHERIDAN. (ATT. 6)
7. RESPONSE LETTER TO ROSANNE JUERGENS AT 6632 S. SHERMAN ST.
(ATT. 7)
8. LETTER FROM CHRIS SCHULTZ OF CDM RE: PHARMACUETICALS IN
WATER DATED JUNE 2, 2008. (ATT. 8)
9. CHERRY HILLS VILLAGE SUPPLEMENT FOR4595. VINE WAY. (ATT. 9).
10 . OTHER.
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WATER AND SEWER BOARD
MINUTES
May 13, 2008
1-\TT .. I
The meeting was called to order at 5:04 p.m.
Members present:
Members absent:
Also present:
Clark, Moore, Higday, Cassidy, Wiggins,
Woodward, Oakley, Habenicht
Burns
Stewart Fonda, Director of Utilities
1. MINUTES OF THE APRIL 8, 2008 MEETING.
The Englewood Water and Sewer Board approved the minutes of the meeting of April 8,
2008 .
Mr. Cassidy moved;
Mr. Habenicht seconded:
Ayes:
Nays:
Abstain:
Members absent:
Motion carried.
To approve the minutes from the March 18,
2008 meeting.
Clark, Higday, Cassidy, Wiggins,
Woodward, Oakley, Habenicht
None
Moore
Burns
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2 . SOUTH PLATTE RIVER PROGRAM -ENDANGERED SPECIES ACT.
The South Platte Water Related Activities Program (SPWRAP) was formed to improve
the habitat of endangered species. SPWRAP improves the habitat by providing more
water in the critical areas along the Platte River.
This is the second year of an ongoing 13-year program. Englewood's portion of the 2007
assessment was $29,189.52. Englewood's 2008 assessment is $27,275.04. Assessment
amounts are computed on treated water use and the number of participants with the
SPWRAP Program.
Mr. Cassidy requested additional information.
Mr. Moore moved;
Mr. Clarks seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To t:ible Council recommendation pending
receipt of additional information requested
by Mr. Cassidy.
Clark, Moore, Higday, Cassidy, Wiggins,
Woodward, Oakley, Habenicht
None
Bums
3 . ORDINANCE CHANGE FOR SEWER CONNECTIONS & REP AIRS.
The Board received a copy of the final proposed Municipal Code 12-2-4: Private Sewers,
Connections and Repairs. Sewer services can be lost during a demolition without a
correct cut-off. The proposed ordinance will help manage and control what is happening
to these services during demolition. If a resident has a sewer line inspected, and it is
determined by Englewood's inspector to be adequate, the resident may appeal to the
Board to use the existing connection.
Mr. Cassidy moved;
Mr. Habenicht seconded: To recommend Council approval of an
ordinance amending Title 12, Chapter 2,
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Ayes:
Nays:
Members absent:
Motion carried.
Section 4 of the Englewood Municipal Code
1985 amending the Sewer Utility section.
Clark, Moore, Higday, Cassidy, Wiggins,
Woodward, Oakley, Habenicht
None
Bums
4. GUEST: ROSEANNE JUERGENS -6632 S. SHERMAN ST.
Rosanne Juergens appeared to request that the annual sewer billing system be changed to
quarterly billing. Discussion ensued regarding reasons for the recent rate increases and
customers making arrangements for payment. John Bock, Utilities Manager of
Administration, discussed the existing policy of allowing customers to allocate payments
over several months, or longer for hardship situations. John Moore and Jim Higday
discussed the financial difficulties that would be created by billing 130,000 accounts on a
quarterly basis.
Chairman Clark thanked Ms. Juergens for appearing before the Board. The Board will
discuss her request and convey their decision.
After further discussion and careful consideration, the Board noted that instituting a
quarterly billing schedule for sewer only accounts would increase billing costs
substantially and necessitate changes to staffing and the physical plant. The Board
concurred that these changes were deemed impractical at this time. A letter will be sent
to Ms. Juergens conveying the Board's decision.
Mr. Bock noted that a statement will be added to future sewer bills stating, "Payments
due in full. If payment arrangements are necessary, please call 303-762-2635."
5. WATER RIGHTS UPDATE FROM DAVID HILL.
The Board received a water rights update dated April 8, 2008, from David Hill,
Englewood's Water Attorney. Stu discussed developments in water litigation cases in
which Englewood is involved.
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6. GAC I MANGANESE AT THE ALLEN FILTER PLANT.
The Board received a memo from Bill McCormick, Operations Superintendent at the
Allen Filter Plant regarding complaints of yellow-tinted water that began March 28, 2008.
On that date, the #3 filter was washed and put back on line after regeneration. Turbidity
began to rise and staff found that manganese was the cause, but the source water was
found to be normal.
Jim Fisher of American Carbon Services , along with CDM, recommended an acid bath to
try to get the pH below 6 .0. The initial try using sulfuric acid lowered the manganese
level by half. Hydrochloric acid was then tried without success.
CDM then recommended pre-chlorination and good results began immediately. Pre-
chlorination was stopped May 3 and caustic soda was stopped May 4. No
manganese/turbidity issues were noticed. If necessary, media replacement would cost
$189,000 per year, which is an increase of about $140,000 per year. Turbidity and pH
levels of water leaving the Allen Filter Plant will continue to be monitored. The Board
will be apprised of any new developments .
7. COUNCIL REQUEST 08-131 FROM COUNCIL MEMBER WAYNE OAKLEY
SEWER BACKUP IN THE VALLEY SANITATION DISTRICT.
The Board received a memo dated May 13, 2008 from John Bock, Utilities Manager of
Administration regarding Council Request 08-131 from Wayne Oakley. In March 2008,
seven homes in the 2900 block ofW. Chenango Ave. had sewer back ups . The Valley
Sanitation District was notified and they, in tum, notified their maintenance contractor,
Platte Canyon Water and Sanitation.
Platte Canyon responded and cleared a substantial grease blockage from the main. Just
before this happened, Valley had decided to contract with NorthStar Fire and Water
Restoration to provide sewer backup assistance to their customers . NorthStar was
contacted but was unable to respond, leaving each homeowner to find their own cleanup
companies and submit their claims to the District.
When claims were submitted they were passed along to Valley 's insurance company, who
in tum said they would only pay a total of $7 ,500 for the incident, to be divided between
the seven homeowners.
The Valley Sanitation District includes homes in Denver, Littleton and Englewood. The
City does not own the sewer lines in this area and has no jurisdiction for providing
sewage collection within the district boundaries. A list of names and phone numbers of
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the Valley Board members and Valley Sanitation District Manager, along with the memo ,
will be forwarded to the homeowners.
8. NOTE OF APPRECIATION FROM DAVID HILL.
The Board received a note of appreciation dated May 9 , 2008 from David Hill to Stu
Fonda and Dan Brotzman. The note expresses appreciation from David Hill ,
Englewood's Water Attorney to members of his staff -Jon Banacheck, Kate Griffin and
Pat Gable, for their presentation on the Burlington Ditch Company during the trial.
The Board adjourned at 6:28 p .m.
The next Englewood Water and Sewer Board will be held Tuesday, June 10, 2008 at 5:00
p .m. in the Community Development Conference Room.
Respectfully submitted,
Cathy Burrage
Recording Secretary
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Date
July 21 , 2008
INITIATED BY
Utilities Department
A TT,, 2
COUNCIL COMMUNICATION
Agenda Item . Subject
Platte River Program -
Endangered Species Act
STAFF SOURCE
Stewart Fonda , Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACT;ON
Council approved Englewood 's participation in the Platte River Program at their March 5, 2007
meeting .
RECOMMENDED ACTION
The Water and Sewer Board , at their May 13 , 2008 meeting , recommended Council approval
of Englewood 's participation in the South Platte Water Related Activities Program .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The South Platte Water Re lated Activities Program (SPWRAP) was formed to improve the
habitat of the following endange red species -the interior least tern , whooping crane , pallid
sturgeon and the threatened piping plover. The South Platte Water Related Activities Program
(SPWRAP) would improve the habitat , by providing more water in the critical area along the
Platte River in Nebraska.
The Department of the Interior is funding half of the program , and through the Corps of
Engineers , issues 404 Permits for users along the Platte River. These permits are mandatory
for construction , repairs or projects in or along the Platte River .
Th is is the second year of an ongoing 13-year prog ram . Water Board has recommended that
City Council enable the City Manager, or his designee , to be able to renew and pay for this
program in three , one-year increments .
FINANCIAL IMPACT
Englewood 's portion of the 2007 assessment for the program was $29 , 189.52 , with an annual
assessment for 13-years. Future assessment amounts are computed on treated water use
and the number of participants with the SPWRAP Program. The 2008 assessed amount is
$27 ,275.04.
LIST OF ATTACHMENTS
Resolution
South Platte Water Related Activities Program Assessment Invoice
S . Platte River -Endangered Species Act
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Page 1 of 2
Cathy Burrage
From: Alan Berryman [aberryman@ncwcd .org]
Sent: Wednesday, May 21, 2008 2:17 PM
To: Cathy Burrage
Subject: info about SPWRAP
Cathy-
The Platte River Recovery Implementation Program is a cooperative basin-wide partnership
among the U.S. Department of the Interior and the States of Colorado, Nebraska and Wyoming to
address habitat needs of endangered species in the Central and Lower Platte River basin.
Implementation of the Program is designed to benefit the Platte River endangered species and at the
same time enable water use activities in each of the states to continue in compliance with the
requirements of the Endangered Species Act (ESA). Further information on the Platte Program is
available at www.platteriverprogram.org.
Colorado water users formed a separate non-profit corporation known as SPWRAP for purposes
of representing Colorado water users' interests in the Platte process and partnering with the State of
Colorado to help implement its responsibilities under the Platte Program. Membership in SPWRAP is
the exclusive means by which individual Colorado water users may rely on the Program to secure ESA
compliance covering the depletive effects of their water use activities on the Platte River endangered
species . Membership in SPWRAP is voluntary, allowing entities to address ESA issues on their own if
that is their desire. More detailed information concerning the SPWRAP organization, and membership
in SPWRAP, is available at www.spwrap.org. The membership report (attached) provides a recent
overview of the group.
SPWRAP, Inc., as a partner with the State of Colorado, has pledged to develop and implement
the water-related responsibilities assumed by Colorado and its water users as part of their commitment
to the Platte Program. The group has estimated that it will take approximately $10,000,000 to meet
these responsibilities over the first 13-year increment of the Platte Program. Consequently, SPWRAP
has devised a membership assessment schedule focused on raising those dollars, with emphasis on
getting a head start during the first 4 or 5 years. The assessments for the first 2 years of operation have
been $1.80/yr per SFE for municipal members. Our other partner, the State of Colorado, has committed
to raise $24,000,000 to meet the other commitments required of the state and water users in the Platte
Program. They have raised over $15,500 .000 toward that goal.
In 2007, the first year of the Platte Program, there were 56 member entities (30 municipal, 15
agricultural, 3 industrial, 4 water conservancy districts, and 4 miscellaneous) in SPWRAP. I haven't
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included a membership list because the membership has been reluctant about handing out lists showing
the membership roster due to their concerns w ith federal regulator's reaction to such a list (or not being
on a list) if they received a copy of it. Instead, SPWRAP gets an annual list from the Fish and Wildlife
Service showing the entities/projects that need NISP membership to be in compliance with pen:rlltting
for ESA on the Platte River. At that time SPWRAP informs the FWS as to the standing of a particular
entity on the FWS list with respect to SPWRAP membership .
But to give you an idea, SPWRAP members in 2007 included Aurora, Denver, Ft. Collins, Boulder,
Greeley, Berthoud, Ft. Morgan, Lafayette, Loveland, Thornton, Westminster, Broomfield, Brighton,
Parker W & S , Castle Rock, Julesburg , Centennial W & S, and numerous others . We can get more
details if you desire , but are inclined not to provide a written list of the entire membership for the
reasons listed.
I hope this helps you . Again, let me know if more information is needed.
5/29/2008
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Page 1 of 2
Cathy Burrage
From: John Bock
Sent: Monday, May 19, 2008 7:51 AM
To: Cathy Burrage
Cc: Stu Fonda
Subject: FW : SPWRAP
Hi Cathy,
As pertains to the W&SB request for more information about the South Platte W.R.A.P., here is
what Joe got for us.
Included is a link to their web site where there is more information.
Would it be possible to send the link to the board members so they could look over the
information rather than killing trees to copy it out?
John
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From: Joe Pershin
Sent: Monday, May 19, 2008 6:03 AM
To: John Bock; Stu Fonda
Subject: FW: SPWRAP
-----Original Message-----
From: Urie, Kevin [mailto:Kevin.Urie@denverwater.org]
Sent: Friday, May 16, 2008 3:47 PM
To: Joe Pershin
Subject: RE: SPWRAP
Joe,
SPWRAP current membership includes :
26 Class M members (assessments range from ~ $1,000 to $821,000)
10 Class A members
4 Class W members
4 Class I members
7 Class X members
Total -51 members
The SPWRAP assessment payments go to the development and operation of the Tamarack Plan, which
is a series of water re-timing projects in the lower South Platte River. Under the Platte River Program
the State of Colorado committed $24 million in cash (in 1997 dollars) and the development of 10,000 af
ofre-timed water at the Colorado/Nebraska state line to cover historic and existing depletions.
Additional projects for re-timing of water will be necessary to offset future depletions . SPWRAP's role
and commitment to the state is to pay for the development and operation of the Tamarack Plan in
compliance with Colorado's milestones for the Platte River Program. Additionally, the SPWRAP board
decided to build-up a $2 million reserve over the first four years to fund the cash contribution to the
Program in the event that the state legislature would fail to appropriate funding toward the Platte
5/19 /2008
Page 2 of2
Program in any given year. I am please to report that the state has been very aggressive in securing
appropriations for the Program and are well on their way to providing the full $24 million. If you are
interested, there is additional information on the SPWRAP website at www.spwrap.org.
With regard to the Corps, any project requiring a COE permit, within the South Platte basin, are being
required by the Corps to provide proof of membership in SPWRAP in order to be in compliance with
Section 7 of the Endangered Species Act for the four species in Nebraska.
Please let me know if there are other questions that I can answer.
Regards,
Kevin
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From: Joe Pershin [mailto:jpershin@englewoodgov.org]
Sent: Wednesday, May 14, 2008 11:53 AM
To: Urie, Kevin
Subject: SPWRAP
Hi Kevin,
I found out that Englewood did pay the 2007 assessment. The 2008 assessment is being discussed by our city
council and water board. They have asked me to get them more information . They would like to know how many
entities are paying assessments , where the money is going , wt ~at is the Corps participation. Perhaps there is an
annual report or similar document that could answer their questions .
If you don't have this information, maybe you could steer me in the right direction .
Thanx ,
Joe
5/19/2008
PLATTE RIVER RECOVERY IMPLEMENTATION PRO GRAM
-SUMMARY
Why the Platte Program is Needed by Colo ra do
The Platte Program is designed to resolve escalating conflicts between water use and
endangered species protection that affect continued water use and the federal permitting of
existing and planned irrigation, municipal and industrial water supply projects in the Platte River
basin in Colorado. Resolution of these conflicts is critical to the continued use and development
of water supplies to meet the needs of Colorado's rapidly growing Front Range.
The Conflict
Water-related projects which need a federal authorization, funding, or are carried out by a
federal agency require consultation with the U.S. Fish and Wildlife Service (FWS) under the
Endangered Species Act (ESA). Federal agencies are required by Section 7(a)(2) of the ESA to
insure that those actions are not likely to jeopardize listed species or adversely modify their
designated critical habitat. Construction, operation and maintenance of water projects in the
Platte River basin routinely require a Clean Water Act Section 404 permit from the Corps of
Engineers. This includes routine projects such as pipeline crossings of jurisdictional waters and
repair or rehabilitation of conveyance structures, which activities are frequently covered by
nationwide permits. Many water storage or conveyance facilities located on forest lands require
special use permits issued by the Forest Service. Federal action may also be present through the
receipt of federal funding under certain agricultural assistance programs. The Bureau of
Reclamation and Corps of Engineers also own major water collection, distribution and storage
facilities that provide water to numerous ditch companies and municipalities or are used for flood
control purposes in Colorado. These types of activities are all subject to Section 7 of the ESA.
The FWS believes that the Platte River resource is in a state of jeopardy, and that actions
resulting in water depletions to the Platte River will continue the deterioration of the endangered
species' habitat. The federally listed species at issue include the whooping crane, least tern,
piping plover and pallid sturgeon. The FWS has issued "jeopardy" biological opinions for
virtually all water-depletive projects in the Platte River basin since the late 1970s, citing either
new or continued water depletions as contributing factors in jeopardizing the existence of these
species and adversely affecting designated critical habitat. Notable examples include the
biological opinions issued in 1994 for the renewal of Forest Service special use authorizations
for six agricultural and municipal water projects along Colorado's Front Range. The 1994
opinions concluded that each of those existing water facilities would cause jeopardy to the listed
species and adversely modify Platte River designated critical habitat in Nebraska. The
depletions associated with one of those long-standing projects was 0.64 annual acre feet.
Under the jeopardy standard, individual water projects undergoing ESA consultation
must avoid or fully offset all project depletions to FWS instream flow recommendations for the
Platte River in the same amount, timing, duration and frequency in which they occur. Land
acquisition and a sediment augmentation component may also be a required component of
mitigation for federal authorizations that do not have the benefit of a recovery program.
Fulfillment of these requirements may, for some projects, simply not be possible. For many
others, these requirements have delayed permitting and compromised water yield and cost-
effectiveness of the projects.
What the Program Does
The States of Colorado, Nebraska and Wyoming and the U.S. Department of the Interior
are entering into a comprehensive basin-wide Program to address habitat needs of the
endangered species in the Central and Lower Platte River basin. This cooperative basin-wide
approach is an equitable and effective means to resolve conflicts and provide greater certainty
that the Platte River will continue as a reliable water source for both wildlife and the many
people who reside and use water in the basin. The proposed Program will allow water use and
development activities in each of the three states to continue, in compliance with the ESA and in
accordance with state water law and entitlements under interstate compacts and decrees. The
Program will set a goal to reduce basin-wide shortages by an average of 130,000 to 150,000 acre
feet per year in lieu of the FWS requirement to replace 417 ,000 acre feet of shortages to the FWS
"target flows." This water, along with land obtained for habitat, will constitute the mitigation
needed to offset the impact of existing water projects on the Platte River species and habitat
during the 13-year first increment of the Program . ESA compliance for future water related
activities is afforded under the respective state plans to mitigate the effects of new water
development. An overview of the Program is attached.
For Colorado, the Program will provide regulatory compliance under the ESA for both
existing and prospective new water uses within the South Platte River basin. This compliance is
needed for water providers to meet the water supply needs of the urban, agricultural, and
industrial sectors of this rapidly changing and growing part of the state. The Program will:
• Provide an alternative to the requirement that historic and future water related activities in
Colorado replace individual depletions on a one-br-one basis in amount and in timing at the
Colorado-Nebraska state line.
• Provide streamlined ESA Section 7 compliance procedures and regulatory predictability for
existing and future water related activities in Colorado. Project owners and operators who
choose to rely on the Program will know their requirements prior to ESA consultation.
• A void the potential for prohibited "take" of listed species under ESA Section 9 for water-
related activities covered by the Program.
• A void reinitiation of consultation over water-related projects affecting Platte basin flows that
have been permitted since the 1997 signing of the Cooperative Agreement. The vast
majority of these consultations contain interim requirements that are linked to the
implementation of the Program. If a Program cannot be implemented and funded, these
consultations will be subject to reinitiation, with uncertain outcomes as to ESA compliance
requirements, individual mitigation of project impacts, and potential litigation.
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• Satisfy Colorado's water-related mitigation requirements through the Tamarack Plan, which
utilizes managed groundwater recharge from existing and future wells and ditches located in
the lower reaches of the South Platte River in Colorado to re-time river flows from periods
exceeding flow targets to periods short of target flows. Water re-regulation for the Tamarack
Plan will be limited to water that physically and legally exceeds existing and future water
demands in Colorado , i .e. water that would normally flow out of the state. This water will
first be diverted for a beneficial use within Colorado; some of the return flows from this
diverted water will subsequently reach the river in times of greater benefit to the Platte
species.
• Provide potential benefits addressing two other issues important to the lower South Platte
River in Colorado . The higher groundwater levels produced as a result of the managed
groundwater recharge for the Program will benefit Colorado's Minnow Species of Concern.
Additionally, the Tamarack Plan will put water in the South Platte River at times when it is
not needed or cannot be utilized to reduce target flow shortages. This "new" water supply
will enhance the effectiveness of augmentation plans and provide water for new uses within
Colorado.
• Reduce pressure toward permanent dry up of agricultural lands along the lower South Platte
for the benefit of federally listed species in Nebraska.
• Encourage development of improved science on the central Platte River through an adaptive
management plan and integrated monitoring/research plan designed to test competing
hypotheses of the Program's participants concerning species and habitat needs .
Benefits of a Programmatic Approach
Individual water users will need to decide whether to rely on the Program for purposes of
ESA compliance for their water-related projects in the Platte River basin . The circumstances
surrounding each project will inform the decision whether to participate under the Program or
pursue stand-alone ESA consultation and project-specific mitigation . The requirements in the
vast majority of stand-alone Section 7 consultations conducted independent of a Program have ,
to date , entailed time intensive negotiations and mitigation requiring that water users replace
individual project depletions on a one-for-one basis. In contrast, under the programmatic
approach toward Platte ESA compliance: (1) individual projects would be asked to contribute
money, not water, to address their depletive impacts on the target species; (2) individual projects
would rely on the Program's offsetting measures as their means to avoid jeopardy to the species
and adverse modification of critical habitat under Section 7; (3) programmatic offsetting
measures would avoid any prohibited "take" of target species for all federal nexus and non-nexus
individual water activities participating under the Program; and (4) individual projects could take
advantage of streamlined procedures for documenting ESA compliance.
Commitments and Costs under the Program
Colorado's responsibilities under the Program comprise 20% of the total Program budget
in cash and cash-equivalent contributions . Colorado is contributing less water (27,000 out of the
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130-150,000 annual acre foot shortage reduction) and more money, relative to the other states
during the first increment of the Program. During the first increment of the Program, Colorado
and its water users will be required to:
1. Develop the capability under the Tamarack Plan to provide an average of 10,000 acre feet
annually of shortage reduction to FWS target flows by the end of year four of the Program;
and re-regulate water in Colorado to avoid net increased shortages to target flows in the
habitat pursuant to Colorado's Plan for New Depletions;
2. Participate in the business and operational activities of the Program; and
3. Provide $24 million in cash or cash equivalent contributions to the Program (in 2005 dollars)
to fund Program activities such as acquiring additional land and water, performing
monitoring and research, and conducting Program operation and maintenance activities .
Role of the South Platte Water Related Activities Program, Inc. (SPWRAP)
The South Platte Water Related Activities Program, Inc. (SPWRAP), a Colorado
nonprofit corporation, has been formed by Colorado water user participants under the Program to
assist the State in fulfillment of various Program responsibilities including accounting and
reporting requirements, obtaining interests in facilities, water rights and/or recharge credits, and
assisting with the State's cash contributions to the Program, if necessary. In addition to the State
of Colorado delegate, Colorado water users also have representation on the Program Governance
Committee and advisory groups through membership in SPWRAP.
Membership in SPWRAP is the exclusive means by which individual water users may
participate in the Platte River Program, and thereby be afforded the benefits and certainty of ESA
compliance for their projects while avoiding stand-alone project mitigation requirements during
Section 7 consultation under ESA. A certification of membership in SPWRAP is a prerequisite
for water users to rely on the Program for purposes of ESA compliance. The river depletions
about which FWS is concerned are both the depletions that have been occurring for decades, as
well as the compounding effect of future depletions. Because of that and the fact that the costs
of the Program are beginning now, fairness requires that all water users in the basin pay their fair
share . As a result, water users who delay becoming members will be required to pay
assessments for all prior years at the time they do join.
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Date
July 21, 2008
INITIATED BY
Utilities Department
ATTo 3
COUNCIL COMMUNICATION
Agenda Item Subject
Ordinance Changes for the
Sewer portion of the City Code
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
RECOMMENDED ACTION
The Water and Sewer Board, at their June 10, 2008 meeting, recommended Council approval of an
Ordinance amending Title 12, Chapter 2, Section 4, of the Englewood Municipal Code 1985 amending
the Sewer Utility section.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
When a house is demolished, with plans to rebuild a new house, management of sewer services has
been an issue. Sewer services can be lost during a demolition without a correct cut-off. The Utilities
Department is attempting to manage and control what is happening to these services at demolition.
See attached proposed Municipal Code 12-2-4: Private Sewers , Connections and Repairs .
FINANCIAL IMPACT
None .
LIST OF AITACHMENTS
Proposed Code Change
Ordinance
Ordchgn 4-8-08
Proposed Code Change:
12-2-4: Private Sewers, Connections and Repairs.
B . Old Private Sewers. Upon demolition of an existing structure or replacement of sewer lines, the
use of existing or aging cast iron, clay tile or concrete sewer service pipes will not be permitted by the
City at new buildings . The old sewer service must be replaced from the building to the main with
approved pipe. Owner/occupants of properties who desire to replace a building with the intent to
occupy it themselves may seek a variance from the Water and Sewer Board if the existing pipe is
found by Utilities Department inspectors to be in sound condition. Utilities Department inspectors may
require all necessary tests to conclusively establish the condition of the existing sewer service pipe.
Abandoned private sewers shall be plugged at the sewer main and at the user's expense upon
discontinuance of service. The plug of the old private sewer must be inspected and approved by the
City. A plan review and inspection fee will be charged by the City. Existing sewer saddles or wye
connections may be used for new sewer services if approved by Utilities Department inspectors. If an
abandoned sewer service is not plugged at the main within 30 days, the City may perform the
disconnection and may charge time and materials against the property either through the next regular
quarterly water bill or by lien as provided in 12-1 D EMC.
ORDINANCE NO .
SERIES OF 2008
BY AUTHORITY
COUNCIL BILL NO. 22
INTRODUCED BY COUNCIL
MEMBER _____ _
A BILL FOR
AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 4, SUBSECTION B, OF
THE ENGLEWOOD MUNICIPAL CODE 2000, ENTITLED "PRIVATE SEWERS,
CONNECTIONS AND REPAIRS".
WHEREAS, when a house is demolished, with plans to rebuild a new house, management of
sewer services has been an issue; and ·
WHEREAS, sewer service lines can be lost or damaged during a demolition without a correct cut-
off; and
WHEREAS, the passage of this Ordinance will manage and control what is happening to these
services at demolition by the passage of this Ordinance; and
WHEREAS, the Englewood Water and Sewer Board recommended approval of this amendment at
its April 8, 2008 meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 12, Chapter 2, Section 4, Subsection B, of the Englewood Municipal Code 2000 entitled
"Private Sewers, Connections and Repairs to read as follows :
12-2-4: Private Sewers, Connections and Repairs.
R-OHi Priw1:te Sewers. Old pm•ate sewers may ae used in eemieetioB: witfl: ee>n a1:1ilEliftgs
oaly waea they are tellfld to meet all FeEt\lifemeats hereie aB:d solely at the risk of tfl:e l:lser;
otherwise, eld private se>.vers shall be plaggee at the l:lser's Mpeese \lflOB dise0atieu1mee
of serYiee. The plug Hi tfte ole prii,•ate sewer Hlli5t be mspeeteti aad approvea asd a plaa
revie>n aBEl iB:speetioa fee vtill ae e'Barged ey the City.
a Old Private Sewers. Upon demolition of an existing structure or replacement of sewer
lines. the use of existing or aging cast iron. clay title or concrete sewer seryice pipes will
· not be pennitted by the City at new buildings. The old sewer seryice must be replaced
from the building to the main with annrovaj pipe. Owµer/occupants of properties who
desire to replace a building with the intent to occupy it t4emselyes may seek a yariance
from the Water and Sewer Board if the existing pipe is found by Utilities Department
insoeciors to be in sound condition. Utilities Department inspectors may reauire all
necessarv tests to conclusively establish the condition of the existing sewer service pipe.
Abandoned private sewers shall be plugged at the sewer main and at the User's expense
uoon discontinuance of service. The plug of the old priyaje sewer must be insnected and
approved by the City. A plan review and inspection fee will be charged by the City.
Existing sewer saddles or wye conneqtions may be used for new sewer services if aooroved
by Utilities Department inspectors. If an abandoned sewer service is not plugged at the
main within 30 days, the City may perform the disconnection and may charge tiine and
materials against the property either through the next regular quarterlv water bill or by lien
as proyided in 12-lD EMC,
Section 2 . Safety Clauses. The City Council hereby finds , detennines , and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare . The City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 3. Severability, If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or its application to other persons or circumstances .
Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
Section 5 . Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify,
or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision shall be treated and held as
still remaining in force for the purposes of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well
as for the purpose of sustaining any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or prosecutions.
Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and
every violation of this Ordinance .
Introduced, read in full , and passed on first reading on the ___ day of ___ _, 2008 .
Published as a Bill for an Ordinance on the __ day of _______ , 2008 .
James K . Woodward, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the day of 2008.
Loucrishia A. Ellis
A I I . 'i
BERG HILL GREENLEAF & R USCITTI LLP
ATTORNEYS & COUNSELORS AT LAW
1712 Pearl Street •Boulder, Colorado 80302
David G . Hill
Partner
Daniel L. Brotzman, Esq.
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110-0110
Re: April Invoice
Dear Dan:
Tel: 303.402.1600 • Fax: 303.402.1601
bhgrlaw.com
May 7, 2008
dgh@bhgrlaw.com
Enclosed please find our invoices for professional services on water matters for April 1,
2008, through April 30 , 2008, in the amount of$129,446.38, with a total for the yearof$333,319.32 .
The amount for this billing cycle on major cases is listed below:
I Name I Amount I No. I
General (No Charged this Month) $ 833.00 001
FRICO (02CW105) Change and Related Cases 124,039.88 504
Stu Fonda has asked us to provide brief descriptions of the reasons for Englewood's
involvement in all cases which appear on our bills each month, as well as a brief summary of the
work performed by this firm during the month . The following paragraphs contain these descriptions
with respect to the matters reflected on the enclosed invoices:
Introduction . Please understand that this letter is a confidential attorney-client
communication. Please keep it confidential.
Again, almost all of the work relates to the Denver/FRI CO 1999 Agreement, the closure of
the Chatfield reservoir outlet gates, and the FRI CO/United/East Cherry Creek change. (All of them
are related, of course.)
Daniel L. Brotzman
May 7, 2008
Page 2
The trial of the FRI CO/United/East Cherry Creek cases started April 21, after innumerable
late motions, late disc] osures of expert opinions, and late disclosures of exhibits. The late items were
engendered essentially because FRICO disclosed over 20,000 pages of historical documents on
March 20 and March 27. Those items should have been disclosed in May of2007. We managed to
get them digested . They were very important in our case. People in our office and the Martin and
Wood office put in several "all-nighters" to get the work done.
The trial has gone very well indeed through May 1st.
The bill for our time on the case in April, at standard rates, is $157,532 .75. I have written
it down by $38 ,500. I hope that is satisfactory. We tried hard to settle this case, offering over 3 acre
feet of water per share transferred by East Cherry Creek, which is absurdly high. After our offer, the
Applicants raised the amount they would settle for to something well over 3.6 acre feet. In their
testimony at trial, Applicants sought about 7 acre feet per share. Kate Griffin , our principal expert,
just testified that the amount should be not much over two acre feet. Her testimony was very
impressive. The cross examination of Kate, which took place May 1, did not go well for the
Applicants. Her cross examination will resume Monday, May 5.
We are almost to the point in the trial when we need only one attorney in the courtroom, and
no engineers, except for the rebuttal period. The pre-trial motions and organization, which were
immense, are over (we have over 600 exhibits, which had to be scanned electronically under the new
court rules, and presented from diskettes at the trial). I am hopeful that the trial may be over on the
14th.
After the trial is over, the Judge requires that we submit written closing arguments, which
amount to major briefs. ·
We are coming close to the end of the major expense. The benefits to Englewood should be
significant. We have already achieved some significant benefits with respect to the 1999 Agreement
portion of the case, in that Applicants' proposed decree submitted April 18 has provisions which will
greatly reduce the slowed fill of the 1948 McLellan right. That right is of course becoming the key
to our water quality .
I invite your questions and comments.
The remainder of the cases are described below.
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
CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION
MEMOTOSTUFONDAANDDANBROTZMAN
May 16, '08
TRIAL IS OVER
And I am so happy not to be living in a motel in Greeley!
The trial ended about noon on last Tuesday (May 13). We will not have any decision
from the Judge until maybe September; see schedule of written closing arguments below.
But here are my impressions and some rulings.
SIGNIFICANCE TO ENGLEWOOD
Englewood faces increasing quality problems because Denver intends to greatly
expand its exchanges to Chatfield Reservoir. When Denver exchanges to Chatfield, the
Chatfield gates close and hardness, manganese and other quality problems soar at Union
Avenue on the river. In addition, the 1999 Agreement between Denver and FRICO will
enable Denver to divert more winter water from Bear Creek into Marston Reservoir,
which will reduce Englewood's quality at its Bear Creek diversion point (McBroom
headgate ). In the past the water quality in Bear Creek has often been much better than
that in the river when the Chatfield gates are closed, and Englewood has used good Bear
Creek water to blend with South Platte water. But good quality in Bear Creek may not
last.
Englewood's "escape" from quality problems are the 1948 McLellan right and the
90CW220 exchange from Bear Creek to City ditch. Both allow Englewood to divert from
Chatfield, where quality is much better. The Chatfield water can be blended with river
water to reach acceptable quality.
In addition, the McLellan right and the 220 exchange provide a good deal of
water to sell to Centennial. If Englewood can continue to meet its delivery "thresholds"
with Centennial, the price of the water sold to Centennial will jump markedly at the end
of2012, from a present price of $108 per acre foot to perhaps $375. So it's important to
keep deliveries to Centennial above the thresholds.
There are two related parts to the FRI CO case. The fust is the expansion of the
1885 Burlington storage and direct flow rights. The second is the 1999 Agreement
between Denver and FRICO. Both create injuries to the McLellan right, and the 1999
Agreement creates injuries to the 220 exchange and the Bear Creek diversions.
Finally, the over-diversions on the various rights at the Burlington headgate have
been so extreme, over the years, that in times of drought they could injure Englewood's
1865 Nevada right, one of Englewood's core rights.
BURLINGTON EXPANSION
The rights at the Burlington headgate make well over fifty per cent of the calls
against the McLellan right. So if we can reduce their calls we will get a good deal more
water.
The 1885 Burlington storage right and the 1885 Burlington direct flow right were
effectively "sold" to FRICO in 1909, after which FRICO dramatically expanded the
geographical area of use, the gross diversions and the consumptive use. (Both Burlington
and FRICO were originally speculative land and water companies, with original
promoters who sold stock and to-be-irrigated land under the ditches.)
My partner Jon Banashek and Kate Griffin of Martin and Wood put on a "slide
show" of the Burlington usage before the FRICO expansion, using ancient ditch company
minutes , water commissioner records , testimony before the referee in the FRICO and
Henrylyn adjudications , and ancient maps. They had worked on it for days . Their
presentation got rave reviews from the Court Reporter (best he'd ever seen), Aurora, the
Division Engineer, and (reluctantly) Henrylyn. Our assertion is that the Burlington right
is limited to what existed prior to the FRICO takeover. The referee in the FRICO
adjudication of 1918 so held, on a now-non-binding point, but his findings are quite
persuasive and the Judge in the present case actually knew that referee. We are quite
hopeful that a drastic reduction in diversions and consumption from that sought by
Applicants for the shares transferred to East Cherry Creek will result. Ultimately that will
cause reduced calls .
The work needed to assemble the "slide show" was enormous. FRICO disclosed
over 20 ,000 pages of additional historic documents to the opposers on March 20 , 2008.
Those documents were due in May of2007. The Martin and Wood staff and our staff
spent several all-night or nearly all-night sessions and several weekends going through
them . Lots of nuggets were found. The significant documents we retrieved from that
great mass helped enormously in the presentation by Kate and Jon.
With great good fortune (and considerable preparation) I managed to do a very
effective cross examination of the FRICO expert, Duane Helton. I got him to confess a
lot of problems with his consumptive use and gross diversion analyses, and got
compliments from the bystanders , particularly Jim Hall (Division Engineer) and Aurora.
So Jon and I feel good about the Burlington historic expansion case.
In addition, a new Burlington headgate has been built without benefit of a decree.
It will take more water than the old headgate (these people miss no opportunity to "take a
little more"). We and Public Service are seeking to constrain diversion to the old level.
Finally, the Burlington people have historically pumped a lot of Metro effluent
into the Burlington canal, when their rights are in priority. We sought the continuation of
pumping at historic levels , since pumping reduces calls from the headgate.
Aurora made a separate presentation asserting that the Applicant's farm efficiency
rates were too high, resulting in exaggerated consumptive use.
THE 1999 AGREEMENT
The 1999 Agreement took off the call for the 1885 Burlington storage right,
which diverts at the Burlington headgate. It substituted the 1909 Barr Lake call for the
1885 call. Denver's upstream rights at Chatfield and Strontia have priorities between
1885 and 1909. The agreement was intended to allow Denver to divert on those rights but
to keep McLellan and others from diverting, by substituting the 1909 call for the 1885
call.
Denver has been diverting 4,000 to 6,000 acre feet at Strontia Springs and
Cheesman as a result of the agreement. The 1885 storage right still fills, because it is the
most senior storage right on the river and it can't be called out. It just takes a lot longer to
fill. The extended fill time injures McLellan by putting off the time when McLellan will
come into priority because the four storage rights which divert at the Burlington headgate
are filled. And it causes rebound calls from reservoirs below the Burlington headgate,
because the river is shut off while the 1885 is filling. (The "shutoff' causes calls from
downstream reservoirs which extend for some time.)
The extra Denver diversions upstream reduce the flow at Chatfield, which reduces
opportunity for McLellan diversions and exercise of the 220 exchange to City Ditch.
Finally, Denver tells Joe Pershin that they intend to take more water from Bear
Creek. The absence of the 1885 call will enable Denver to divert from Bear Creek on its
1892 Marston reservoir right, which will reduce Bear Creek flows and quality.
So Denver gets an additional amount upstream, the 1885 right still fills, and the
river gets shorted. (Denver does not replace its upstream diversions to the 1885 right.)
Denver used to exchange against the 1885 call, which helped us because 1)
sometimes they released the exchange water from Chatfield, which fixed quality, and 2)
the exchange caused an immediate "fill" effect on the 1885 right.
The Judge's rulings before and at trial gave us some modest progress. He stated it
was improper to use the 1909 Barr Lake call to fill the 1885 right. That means that while
the 1885 right is filling, there usually will be no call from the Burlington headgate. The
1885 fill generally takes place in November and December, and sometimes January.
During that period there are periodic calls from reservoirs downstream of the Burlington.
However, there are also days with no calls from downstream reservoirs . So McLellan
should get some additional diversion time every winter as a result.
In addition, the proposed decree submitted by the Applicants called for the
upstream Denver diversions into storage to "paper fill" the 1885 storage right. I.e. the
upstream diversions by Denver would be treated as having gone toward fill of the 1885
right, which would cause the 1885 right to "get off the river" at the correct time. That
would eliminate the delayed fill problem, if that provision survives (see below).
I sought to force Denver to replace some of its diversions above Chatfield, or to
leave a flow in Bear Creek when Marston diverted. My position, in essence, was that
Denver took a whole lot more water upstream, the 1885 right still filled, Englewood and
the rest of the river got shorted, and the transaction was unlawful for several reasons. The
Judge ruled very strongly against me on that, partly in a decision on a motion by Denver
entered shortly before trial, and partly at trial. The Judge went so far as to refuse to admit
evidence on the amount of water which Denver diverted upstream during the 1885 fill
period, a time during which there used to be a call against Denver from the 1885 right.
We won't have a final ruling for a long time (see below). But if the final ruling
does not include both the preclusion of the 1909 call to fill the 1885, and the paper fill of
the 1885 for Denver's upstream diversions, I would like to discuss an appeal at my
expense. I.e. I would not charge, except for court filing fees and similar expenses . I offer
that because I feel very strongly about it, Englewood has been very good to me over the
years , and the appellate brief is already written, for the most part.
RULING SCHEDULE
Closing argument at the end of a case usually consists of an oral presentation by
the various lawyers . Judge Klein has said he wants written closing arguments, including
briefs and proposed findings of fact and conclusions oflaw. His schedule is as follows:
Applicants submit their closing by May 30. Opposers (Englewood, Aurora, Central
Colorado and Public Service) must make a joint response by June 20. Then Applicants
have an opportunity to file a rebuttal argument before July 14 . I doubt we will have a
decision before sometime in September, although August is possible.
We will coordinate our joint response with Aurora and the others. We are not
necessarily on the same page with the others on several issues, including Applicants' re-
use of seepage and continued pumping of Metro effluent. Aurora wants to allow reuse of
seepage, because Aurora has bought some ditch shares where seepage is reused ; but reuse
is clearly unlawful. For inexplicable reasons Public Service takes the position that Metro
pumping in the past was unlawful , even though it helps Public Service. So we will have
separate parts of the joint presentation on those issues.
Again, it's been exhausting. I was in the office every day but three between
January 1 and last Tuesday, and Jon worked terribly hard. I hope it pays off for
Englewood.
I suggest we get together soon. Questions please.
Respectfully,
David G. Hill
Date
July 21, 2008
INITIATED BY
Utilities Department
COUNCIL COMMUNICATION
Agenda Item Subject
Southgate Supplement #163
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Water and Sewer Board, at their June 10, 2008 meeting, recommended Council approval
of a Bill for an Ordinance approving Southgate Supplement #163.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood provides sewage treatment to approximately 32,000 accounts 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, CAW
Equities, LLC, for inclusion of Supplement #163 consisting of a parcel totaling 2. 7 acres into
the Southgate Sanitation District. This is in conjunction with a renovation of their residence
and are requesting inclusion into the district for residential use. The property is currently
zoned residential and no changes in zoning or use are anticipated. The legal is attached as
Exhibit "A". The property is located between Colorado Blvd. and Steele Street, north of
Orchard Rd. in Greenwood Village at 3800 E. Long Road.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Bill for Ordinance
Southgate Sanitation District Supplement #163
SUPPLEMENT NO. I(, 3 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 CAW Equities, L.L.C. 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 ar-id 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 , 200 .
ATTEST:
CITY CLERK
(SEAL)
ATTEST: i -~ ~ _µj .. ~
SECRETARY
(SEAL)
CITY OF ENGLEWOOD
By: ________ _
MAYOR
SOUTHGATE SANITATION DISTRICT,
ARAPAHOE AND DOUGLAS COUNTIES,
::~ . ~
EXHIBIT A
TO
PETITION FOR INCLUSION OF REAL PROPERTY
SOUTHGATE SANITATION DISTRICT
ARAPAHOE AND DOUGLAS COUNTIES, COLORADO
(Legal Description)
That part of Tracts 281, 282 and 283, South Denver Gardens, lying southwesterly and
westerly of the southwesterly and westerly line of the Highline Canal together with the
North 15 feet of vacated Platte Avenue adjoining Tract 283 on the South.
County of Arapahoe, State of Colorado
Southgate Utilities
Basemap
D Quartersection
C:J ··= CJ L ___ J Sewer Inclusion
Bsewer lnclusi ...
All Others
D Parcel
Sanitary Sewer
Sewerline
~1 o · I se 5505
2100
~
' ..
~7-",, ----
~588v , , '
. ~.. / -
SCALE 1 : 9,605
56oo .
5650
,
. 5700 \...:.._
3~3
. 5750
. '' 'I' !!:
'< '" ..
I ~ -.... .
E!f-l~!ii;m!~!i!'m'l~===:ll ~~~~I ====1
500 0 500 1,000 1,500
FEET
4 3601
3595
3585
3575
' ,,:. 3
, ' "' ' ·uc
u ' ~
,. .. ,
J JI~ ,_,, -...., . ' ~ ' / ., ' .....:;:-..~~Vj.13,u ----?., ' I .. ~ '
I 98~ t5962H
N
A
PETITION FOR INCLUSION OF REAL PROPERTY
SOUTHGATE SANITATION DISTRICT
ARAPAHOE AND DOUGLAS COUNTIES, COLORADO
The undersigned • l. G-,
hereinafter called · the Petitioner, whether si ular or plural, respectfully petitions for
inclusion of the real property described below into the Southgate Sanitation District,
Arapahoe and Douglas Counties, Colorado, pursuant to the provisions of subsection (1)
of Title 32 , Article 1, Section 401 , Colorado Revised Statutes, as amended, and all
applicable policies, rules and regulations of the District. In support of this petition ,
petitioner states as follows:
1. The full and correct legal description of the property which Petitioner desires to
have included into the District is set forth on Exhibit A attached hereto and incorporated
herein by reference.
2. The said real property is capable of being served with the facilities of the District.
3. Assent to the inclusion of said property into the District is given by the signers
hereof, who are the fee owners of all of said property. ·
4 . Petitioner understands and agrees that there shall be no withdrawal from this
Petition after publication of Notice without the consent of the Board of Directors of the
District. ·
WHEREFORE, Petitioner requests that the Board of Directors of the District
hear this Petition at a public meeting after publication of Notice of the filing hereof, and of
the place, time and date of such meeting as required by law; and that the above described
property be included into the Southgate Sanitation District, · Arapahoe and Douglas
Counties, Colorado .
Inclusion Petition
Page2
5 ~k<) S. Q 1.\e\1ec c;\, ~\\O
Address >
Telephone Number
STATE OF COLORADO
COUNTY OF \\\C\\J0~0e
)
) SS.
)
Petitioner
Address
Telephone Number
The foregoing instrument was acknowledged before me this
c;f2Z::: day of }=€J'ik'-AC'-(q
I
' i
?·.·.
Date
July 21, 2008
INITIATED BY
Utilities Department
COUNCIL COMMUNICATION
Agenda Item . Subject
Release of Interest to
maintain a sewer line at
Riverpoint in Sheridan
STAFF SOURCE
Stewart Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Resolution adopted September 28, 1953, recorded July 3, 1954.
RECOMMENDED ACTION
The Water and Sewer Board, at their June 10, 2008 meeting, recommended Council approval
of the release of interest granting permission to install and connect a sewer main in
Englewood through the City of Sheridan.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Weingarten Miller Sheridan is requesting that Englewood release its interest in the right to
install and maintain a sewer line under Lot 1, Block 6, Riverpoint at Sheridan Filing No. 2.
According to Tom Brennan, Utilities Engineer, the sewer line was removed during contruction
of the Riverpoint Project in Sheridan.
The City Attorney's department has reviewed and approved the request and notes that this
was not an easement, but a right originally granted by resolution. Weingarten Miller Sheridan
is making the request because the original resolution appears on the plat as a title exception,
and due to the line no longer existing, should be removed from the title.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Ordinance
Letter
Riverpoint Easement Vacation .doc
City of Sheridan
May 29, 2008
4101 S . Federal Blvd.
Sheridan, CO 80110
303-762-2200
Englewood Water and Sewer Board
Attn: Kathy Barrage
Englewood City Hall
1000 Englewood Parkway
Englewood, CO 80110 -2373
Ladies and Gentlemen:
Please consider this a request for the City of Englewood to release its interest in
the right to maintain a sewer line under Lot 1, Block 6, River Point Sheridan Filing
No . 2 . This right was granted in a 1954 resolution of the Town of Sheridan. It is
our understanding that the sewer line has been removed with the consent of the
City of Englewood . The reason for this request is to remove a cloud on the title .
Thank you for your consideration .
~yours,
MikeC~r
City Manager
' j 'A
TKe"visio'fi
EXHIBIT A (SJ
SHEET 1OF3
Wi tii ·exte nenee
LEGAL DESCRIPTION
A SANITARY SEWER EASEMENT AS RECORDED IN BOOK 865 AT PAGE 377 IN THE ARAPAHOE COUNTY CLERK
AND RECORDERS OFFICE AND LIES WITHIN LOT 1 , BLOCK 6 OF RIVER POINT AT SHERIDAN SUBDIVISION FILING
NO 2. AS RECORDED AT RECEPTION NO . B7158299 IN SAID CLERK AND RECORDERS OFFICE AfjD BEING
LOCATED IN THE NORTHWEST QUARTER OF SECTION 4 , TOWNSHIP 5 SOUTH , RANGE 68 WESt OF THE SIXTH
PRINCIPAL MERIDIAN , CITY OF SHERIDAN , COUNTY OF ARAPAHOE , STATE OF COLORADO , BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT A WITNESS CORNER , BEINGS 89 °56 '50" W , 50 .14 FEET FROM THE CALCULATED POSITION OF
THE NORTH QUARTER CORNER OF SAID SECTION 4 AND MONUMENTED BY A 3" BRASS CAP STAMPED
"LS 22571", WHENCE THE NORTHWEST CORNER OF SAID SECTION 4 , BEING MONUMENTED BY A 2-1/2" ALUMINUM
CAP STAMPED "LS 11434", BEARS S 89 °56'50 " W , A DISTANCE OF 2605 .26 FEET FORMING THE BASIS OF BEARINGS
USED IN THIS DESCRIPTION ; THENCE S 6 1°58'13" E , A DISTANCE OF 1136 .69' TO THE NORTHERLY LINE OF SAID
LOT AND ALSO BEING THE POINT OF BEGINNING ;
THENCE S 73 °56 '43" E, ALONG SAID NORTHERLY LINE , A DISTANCE OF 12 .00 FEET ;
THENCE S 39 °55'06" E , ALONG THE EASTERLY LINE OF SAID LOT , A DISTANCE OF 95 .95 FEET;
THENCE S 01 °29'01 " W , ALONG THE EASTERLY LINE OF SAID LOT , A DISTANCE OF 78 .60 FEET ;
THENCE S 06 °46'3 5" W , ALONG THE EASTERLY LINE OF SAID LOT , A DISTANCE OF 120 .85 FEET ;
THENCE S 16 °08'48" W , ALONG THE EASTERLY LINE OF SAID LOT , A DISTANCE OF 114 .81 FEET TO A POINT OF
CURVATURE ;
THENCE ALONG A C URVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 02 °39'1 2", A RADIUS OF 3031 .81 FEET , AN
ARC LENGTH OF 140 .39 FEET , T HE CHORD OF WHICH BEARS S 11 °43'22 " W , A DISTANCE OF 140 .38 FEET TO A
POINT ON THE SOUTHERLY LINE OF SAID EASEMENT ;
THENCE S 87°53'40" W ALONG SAID SOUTHERLY LINE , A DISTANCE OF 149 .90 FEET TO THE WESTERLY LINE OF
SAID EASEMENT;
THENCE N 16 °10'57 " E ALONG SAID WESTERLY LINE , A DISTANCE OF 550 .55 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 62 ,642 SQUARE FEET OR 1 .438 ACRES , MORE OR LESS.
WILLIAM G . BUNTROCK , PLS 35585
FOR AND ON BEHALF OF
V3 COMPANIES OF COLORADO , LTD .
PROJ : D03038
V3 COMPANIES OF COLORADO 2399 BLAKE STREET., STE . 130 , DENVER, CO. 80205 PH : 303-989-8588 FX: 303-989-9932
DENVER CHICAGO PHOENIX
EXHIBIT A
SHEET 2 OF 3 P .O.C. NW COR. SEC. 4
FND . 2-112 " ALUM. CAP
\ s'TAMPED "LS 11434 " +-----1
LOT 3, BLOCK 1
PETERSBURG SUED.
PLAT BOOK Al, PAGE 2
LOT 1, BLOCK I
GLENN'S SUED. FIL. NO I
PLAT BOOK 104, PAGE 38
LOT2, BLK 5
RIVER POINT AT SHERIDAN
SUBDIVJSION FILING NO. I
REC. NO 8 7021603
Scale : 1 "=80'
0 80
FEET
~ EASEMENT TO BE VACATED
BASIS OF BEARINGS
-s 89 °56 '50 " w 2605.26'
N LINE NW 114 SEC. 4
160
0 INDICATES CHANGE OF DIRECTION ONLY , NO MONUMENT
FOUND OR SET.
AREA CONTAINS APPROX. 62 ,642 SQ FT (1.438 ACRES).·
WITNESS CORNER
FND . 3" BRASS CAP
STAMPED "LS 22571"
LOT I, BLOCK 6
RIVER POINT AT SHERIDAN
SUB DIVISION FILING NO. 2
REC. NO. B7 I 58299
THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY
IT IS INTENDED ONLY TO DEPICT THE A TI ACHED DESCRIPTION .
N 114 COR. SEC. 4
CALCULATED POSITION
NO MONUMENT FND. OR SET
CORNER FALLS IN SOUTH
PLATTE RIVER
CITY OF ENGLEWOOD SANITARY SEWER EASEMENT VACATION
RIVER POINT AT SHERIDAN
05/21/2008
1" = 80'
Sheridan Colorado
.---=--Engineers
EXHIBIT A
S HEET 3 OF 3
LOT 1, BLOCK 6
RIVER POINT AT SHERIDAN
SUBDIVISION FILING NO. 2
REC. NO. 87158299
CITY OF ENGLEWOOD SANITARY SEWER EASEMENT VACATION
......... ·~ S: 2399 Blake Street, Suite 130
~ UrveyOrS Denver, CO 80205 RIVER POINT AT SHERIDAN
05/21/2008 -~ , Scientists 303.989.8588vo1ce
303.989.9932 fax
·-~ Construction V3co com . Advisors
COMPANIES OF COLORADO, LTD.
NTS
Sheridan Colorado
xx xx ABANDONED 18" SANITARY LINE
TO BE REMOVED
EXHIBIT B
SHEET 1OF1
L OT I, BLOCK 6
RIVER POINT SUBDIVISION FILING NO 2
REC NO. B l I 58299
I
I
I
THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY
IT IS INTENDED ONLY TO DEPICT THE A TI ACHED DESCRIPTION . I SITE PLAN FOR LOT 1 OF BLOCK 6
CITY OF ENGLEWOOD SANITARY SEWER EASEMENT VACATION
RIVER POINT AT SHERIDAN
05/21/2008
NTS
Sheridan Colorado
f\TT. 7
c T y 0 F E N G LEWOOD
May 20, 2008
Ms. Rosanne Juergens
6632 S. Sherman St.
Centennial, CO 80121-2352
RE: Englewood Water and Sewer Board Appeal of May 13, 2008
Request to change sewer bill schedule from annual to quarterly
Dear Ms. Juergens:
Thank you for appearing before the Englewood Water and Sewer Board and discussing
concerns regarding the City's annual sewer billing cycle.
You relayed that, due to increases over the last fo1.1r years, a quarterly billing schedule
would make this annual bill easier to pay. After careful consideration, the Board and
staff noted that moving to a quarterly billing schedule would increase billing costs, which
includes bills, past-due notices, envelopes and postage, by a factor of four . Staff would
be required to respond to a larger volume of customer inquiries and arrangements on a
quarterly delinquency schedule.
Payments are received and processed by Englewood's Finance Department. Their work
load would increase from processing 33,000 bills to 132,000. This type of change would
require the Finance Department's approval and funding for additional staff. Overall,
converting from annual to quarterly billing would necessitate changes to staffing and the
physical plant. All of these changes were deemed impractical at this time.
The City of Englewood has consistently been advising its customers of the acceptability
of making partial payments. It has been a long-standing policy of the Utilities' staff to
accept payment arrangements, and is common for our customer service staff to accept
payments over two, three, four months, and in special hardship cases, longer.
Our Billing Supervisor will insert language in future annual bills stating that if a customer
anticipates difficulty in paying the bill, to call and make payment arrangements.
1000 Engl ewood Parkway Englewood, Colorado 80110 Phone 3 03-762-2300
www.e n glewo o d gov.or g
If you have any questions or need assistance, please contact John Bock at 303-762-2643.
Sincerely,
Stewart Fonda
Director of Utilities
City of Englewood
A 17. 8
CDM
Memorandum
To: Bill McCormick, City of Englewood
From: Chris Schulz, COM
Date: June 1, 2008
Subject: Sampling of Pharmaceutical and Personal Care Products (PPCPs)
for City of Englewood's Allen Water Treatment Plant
The purpose of this memorandum is to present the results of a special water quality sampling
event for the City of Englewood's Allen Water Treatment Plant (WTP). It included source and
finished water sampling and analysis for some 97 emerging contaminants of concern
including: pharmaceutically active compounds, fragrances, estrogens and other hormones,
and phenolic endocrine disrupting chemicals. These are referred to collectively herein as
pharmaceuticals and personal care products (PPCPs). Furthermore, some general insights are
provided on the effectiveness of the Allan WTP process train for removing PPCPs.
Background
A series of reports on PPCPs in source and finished waters was released in March 2008 by the
Associated Press, which prompted much interest and response by water utilities, government
officials and the public across the United States. The 5-month investigation by AP reported
that minute concentrations of pharmaceutical compounds had been found in drinking water
supplies of "at least 41 million Americans."
Despite the sensational nature of this news story, the drinking water industry has been
actively researching occurrence and treatment of PPCPs in drinking water for the past
decade1 . Several studies have shown that PPCPs are present in natural water supplies and
that wastewater discharges are a significant source for such contamination2. While research
suggests that certain drugs may cause ecological harm (e.g ., reproductive abnormalities in
fish populations), to date scientists have found no evidence of adverse human health effects from
these compounds in the environment.
1 Snyder, S .A., E.C. Wert, D.L. Hongxia, P. Westerhoff and Y . Yoon, Removal of EDCs and Pharmaceuticals in
Drinking and Reuse Treatment Processes, Awwa Research Foundation, 2007 .
2 Kolpin, D.W., E .T. Furlong, M.T. Meyer, E.M. Thurman, S.D. Zaugg, L.B. Barber, H.T. Buxton.
Pharmaceuticals, Hormones, and Other Organic Wastewater Contaminants in US Streams, 1990-2000.
Environmental Science and Technology 36(6):1201-1211.
Englewood PPCP Memo 6-01 -08.doc
Bill McCormick
June 1, 2008
Page2
The drinking water industry's current position with respect to PPCPs in drinking water can
be summarized as follows:3
• Water professionals are researching the occurrence of PPCPs in drinking water supplies
and are supporting health effects research in this area.
• Water professionals have the analytical technology today to detect more substances-at
lower levels -than ever before. As analytical methods improve, PPCPs are being found at
very low levels in surface water supplies.
• The fact that a substance is detectable does not mean the substance is harmful to humans.
No research to date has demonstrated an impact on human health from PPCPs.
• While detected at very low levels in source waters, people regularly consume or expose
themselves to products containing these compounds in much higher concentrations
through medicines, food, beverages and other sources.
• The U.S. Environmental Protection Agency (USEPA) maintains an active program called
the Contaminant Candidate List (CCL) to identify contaminants in public water supplies
that warrant detailed study, including health effects research. The latest list (CCL-3) does
not currently include PPCPs. However, based on recent public and congressional attention
generated by the AP article, USEP A is reconsidering the screening process to develop the
CCL and may include specific PPCPs in future lists.
Sampling Results
The Allen WTP sampling results are presented in Table 1 for "detectable" PPCPs. Source and
finished water samples were collected on April 2, 2008 and analyzed by Underwriter
Laboratories in South Bend, Indiana. Out of 97 compounds tested, only 12 were detected in
the source water and 9 in the finished water. All detectable compounds were measured in the
"parts per billion" range (µg/L), except for progesterone, which was measured at even smaller
concentrations in the "parts per trillion" range (ng/L). Several findings from the sampling
results are of interest:
• Finished water concentrations of detectable compounds (except for acetaminophen) were
lower than source water concentrations, demonstrating effectiveness of the Allen WTP
process for removing these compounds.
3 American Waterworks Association, Talking Points, distributed to A WW A Members via the Internet, March
2008 .
Englewood PPCP Memo 6-01-08 .doc
Bill McCormick
June 1, 2008
Page 3
Table 1: Detectable Concentrations of PPCPs in Source and Finished Water, City of
Englew ood Allan WTP (Sampling Date: April 2, 2008)
Percent
Source Water Finished Water Removal by
Analyte Units Detection Limit Concentration Concentration Treatment Source of Contaminant
Acetaminophen ug/L 0.005 <0 .005 0.008 (60) Tvlenol
Carbamazeoine uo/L 0 .001 0.013 0.008 38 Anticonvulsant
Cotinine uo/L 0 .001 0 .006 0.006 No Change Metabolite of nicotine
DEET ug/L 0 .005 0 .015 0 .013 13 Insect repellent
Lincomycin ug/L 0 .0001 0.0011 <.0001 Non -Detect Antibiotic
Nicotine ug/L 0 .005 0.018 0 .009 50 Tobacco alkaloid
Paraxanthine uo/L 0 .005 0 .02 0 .006 70 Metabolite of caffeine
Sulfamethoxazole uo/L 0 .005 0 .034 <.005 Non-Detect Antibiotic
Trimethoorim uo/L 0 .001 0.006 <.001 Non -Detect Antibiotic
Gemfibrozil uo/L 0.0005 0 .0280 0 .0023 92 Medication to lower triqlycerides
Sulfamethoxazole ug/L 0.002 0 .012 <.002 Non-Detect Antibiotic
Galaxolide ug/L 0 .010 0 .093 0 .068 27 Perfume inoredient
Progesterone ng/L 0 .1 0 .2 0 .1 50 Steroid hormone
• Treatment removal rates for 11 out of 12 compounds detected in the source water ranged
from 13 percent to complete removal (i.e ., below detection limits). Removal rates for eight
of these compounds were 50 percent or higher.
• The finished water concentration for acetaminophen was extremel y low, but increased
above the detection limit ov er the source water concentration (which was below the
detection limit), suggesting this compound may breakthrough the GAC filter media after
its adsorptive capacity for this compound is exceeded.
Treatment Performance
The Allen WTP process train consists of coagulation and rapid mixing, flocculation
sedimentation, filtration, and post-filter chlorination processes. The filter media consists of
granular activated carbon (GAC) with operates in a biological filter adsorber mode for
removal of turbidity and taste and odor causing compounds. The filter has an empty bed
contact time (EBCT) ranging from 5 to 10 minutes, depending on flow . The GAC media is
typically replaced every 3 y ears to retain its adsorptive capacity for taste and odor control.
Research on effectiveness of v arious membrane, adsorption disinfection, and advanced
oxidation processes for removing PPCPs was recently published by the American
Waterworks Research Foundation4 . The GAC adsorption process was evaluated using rapid-
scale GAC columns and in full-scale treatment studies. GAC was found to be highly effective
for removal of PPCPs with removal rates impacted by GAC regeneration frequency and the
presence of natural organic matter (NOM may compete for adsorption sites and block pores
4 Snyder, S.A., E .C. Wert, D.L. Hongxia, P. Westerhoff and Y. Yoon, R emoval of EDCs and Pharmace uticals in
Drinking and R euse Tr eatment Pro cesses, Awwa Research Foundation, 2007 .
Englewood PPCP Memo 6-0 1-08.doc
Bill McCormick
June 1, 2008
Page4
within the activated carbon structure). For GAC bed volumes of 20,000 to 50,000 and an EBCT
of 7.6 minutes, it was generally found that GAC adsorption was effective for achieving
> 90 percent removal for 20 target compounds . Four of these compounds were detected in
source water sampling for the Allen WTP including: acetaminophren, carbamazepine, DEET,
and progesterone.
Summary
In summary, the Allen WTP sampling results indicate the presence of 12 PPCPs in the source
(out of 97 compounds tested) with extremely low concentrations in the finished water, in
several instances below detection limits for specific compounds. It appears that the plant's
existing GAC filter-adsorber process is effective for removing PPCPs, consistent with industry
research results. Removal rates may be impacted by the age of the GAC media and upstream
removal rates of organics by the enhanced coagulation process.
Englewood PPCP Memo 6-01-08 .doc
Emerging Contaminants of Concern
Analyses performed by Underwriters Laboratories in South Bend, Indiana
Out of 97 substances tested, the following were found:
Results
Analyte Source Finished Units
Acetaminophen <0.005 0.008 ug/I
Carbamazepine 0.013 0.008 ug/I
Cotinine 0.006 0.006 ug/I
DEET 0.015 0.013 ug/I
Lincomycin 0.0011 0.0001 ug/I
Nicotine 0.018 0.009 ug/I
Paraxanthine 0.02 0.006 ug/I
Sulfamethoxazole 0.034 0.005 ug/I
Trimethoprim 0.006 0.001 ug/I
Gemfibrozil 0.0280 0.0023 ug/I
Sulfamethoxazole 0.012 0.002 ug/I
Galaxolide 0.093 0.068 ug/I
Prog_esterone 0.2 0.1 ng/I
Tylenol
Anticonvulsant
Metabolite of nicotine
Insect repellant
Antibiotic
Tobacco alkaloid -
Metabolite of caffeine
Antibiotic
Antibiotic
Medication to lower triglycerides
Antibiotic
Perfume ingredient
Steroid hormone
Removed
(goal is >80%)
38%
0%
13%
91%
50%
70%
85%
83%
92%
83%
27%
50%
Date
July 21, 2008
INITIATED BY
Utilities Department
COUNCIL COMMUNICATION
Agenda Item Subject
Cherry Hills Village San.
District Sanitary Sewer
Application for 4595 S . Vine
Way
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Water and Sewer Board, at their May 13, 2008 meeting , recommended Council approval
of a Bill for an Ordinance approving the Cherry Hills Village Sanitation District Sanitary Sewer
Tap Application for 4595 S. Vine Way.
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 City of
Cherry Hills Village Sanitation District.
A request was made by the City of Cherry Hills Village Sanitation District representing the
owner, William and Elizabeth Armstrong, for inclusion into the City of Cherry Hills Village
Sanitation District. This application is for the South ~of Block 21, East~ of Vacated High
Street Adjacent, Cherry Gardens, Arapahoe County. The lot has a R-1 Residential Zoning
with no proposed change on 2 .3 acres. The legal is attached as Exhibit A. The property is
located at 4595 S. Vine Way.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Bill for Ordinance
Sanitary Sewer Tap Application
Cherry Hills Viii . Sewer Supp .. doc
CITY OF CHERRY HILLS VILLAGE
May 5, 2008
City of Englewood
Englewood Civic Center
1000 Englewood Parkway
Englewood, CO 80110
2450 E. Quincy Avenue
Cherry Hills Village, Colorado 80113
Telephone : 303-789-2541
FAX : 303-761-9386
Re. 4595 South Vine Way-Sewer Inclusion
To Whom It May Concern:
William and Elizabeth Armstrong have requested that their property at 4595 South Vine Way be
included into the Cherrymoor Sanitation District. This district is owned by the City of Cherry
Hills Village. Through an Intergovernmental Agreement the City of Englewood is contracted to
maintain and service the Cherrymoor sewer lines. Per this agreement the City of Englewood
must approve any new properties included in this district. 4595 South Vine way is 2.28 acres in
size and zoned single family residential. There is no change in zoning being proposed for this
property at this time.
Thank you for your cooperation in this matter.
Sincerely, 1-rA!h
Jay Goldie
Director of Public Works
CITY .OF CHERRY HILLS VILLAGE
2450 E. Quincy. Avenue
Cherry Hills Village, Colorado 80113
Telephone: 303-789-2541
FAX: 303-761-9386
Sanitary Sewer Tap Application
Date: UC-v\ C:S 1 l-oo~
j
The undersigned hereby applies for permission to tap into the sewer lines of owned and
maintained by the City of Cherry Hills Village for the hereinafter described property, and the
undersigned for his, or her, self, and all successors in interest, agree to be bound by and to
comply with all rules, r~gulations ~d engineering standards now or hereafter applicable of the
City of Cherry Hills Village and the City of Englewood, and their successors.
STREET ADDRESS
4595 South Vine Way
Cherry Hills Village
OWNERS NAME:
(Please Print}
William Armstrong and
Elizabeth Armstrong
LEGAL DESCRIPTION
South Yi of Block 21, East Yi of
Vacated South High Street Adjacent,
West Yi of Vacated ,
South Race Street Adjacent, North Yi
of Tufts Avenue Adjacent, Cherry's
Gardens, State of Colorado, County o f
Arapahoe***
Specification for Sewer Connections
NO. OF TAPS
(SINGLE FAMILY)
1 single family unit
(based upon size of l"
water tap)
Use tapping machine only, drill 4,.inch hole in .main and fasten plastic, cast iron or VCP saddle to
main withepoxy adhesive. Englewood engineering standards apply.
Inspection of t ap in main and at residence must be left exposed for inspection by City of
Englewood Inspector
***This property located within the geographical limits of the Cherry Hills Village Sanitation
District. The property owner is, through separate documentation, filing for exclusion from the
Cherry Hills Village Sanitation District. The property owners assume all risk and cost of filing
and processing of that application, and assume all risk involved in any decision the governing
CITY OF CHERRY HILLS VILLAGE
2450 E. Quincy Avenue -·
Cherry Hills Village, Colorado 80113
Telephone: 303-789-2541
FAX : 303-761-9386
body of that entity may make. The propertY owners waive any claims against the City of Cherry
Hills Village in connection with efforts to exclude from this District.
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 the CITY OF CHERRY HILLS VILLAGE, hereinafter
called "Cherry Hills"
WITNESSETH:
WHEREAS , on the 2nd day of October, 1995, the City and Cherry Hills entered
into an Agreement in which the City agreed to treat sewage originating from Cherry Hills
sanitary sewer system within the area served by Cherry Hills .
WHEREAS, said Connector's Agreement provides that Cherry Hills 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 Armstrongs, and more fully described on
Exhibit A attached hereto and incorporated herein by reference , into the Cherrymoor
Sewer District, which is owned and operated by the City of Cherry Hills Village. The
City agrees that said additional area may be served with the sewer facilities of Cherry
Hills, 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 June 12,
1984. Accordingly, Exhibit A referred to in Paragraph 1 of the Connector's Agreement
dated June 12 , 1984, is hereby amended to include such additional area.
2. Each and every other provision of the said Connector's Agreement dated
October 2, 1995, shall remain unchanged.
IN WITNESS WHEREOF , the parties have set their hands and seals this __
day of , 2008.
ATTEST :
City Clerk
(SEAL)
ATTEST:
(SEAL)
CITY OF ENGLEWOOD
By: __________ _
Mayor
CITY OF CHERRY HILLS VILLAGE
Street Address:
4595 South Vine Way
Cherry Hills Village
Exhibit "A"
LEGAL DESCRIPTION
South 1/2 of Block 21, East 1/2 of Vacated High Street Adjacent.
Cherry Gardens, State of Colorado, County of Arapahoe.
GRID #26
Cherry Hills Village Grid Index
Sanitation District 10
Legend
~ Pjpe Diameter ---+ 10'' ---+ 18" " 16 17 " ,. 14 11
* Not Located __ .,. 4"
... 12" ===-21"
28 27 26 25 " 23 22 21 20 e Lo cated ... 6" .... -... 15" ~Streams N --+-8" W+E 37 .. " "' 33 l2 31 30 "
0 100 200 400
Feet s •• .. .. " ., .. " ,. ,.