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HomeMy WebLinkAbout2009-08-11 WSB AGENDAWATER & SEWER BOARD AGENDA Tuesday, Augustll, 2009 5:00 P.M. COMMUNITY DEVELOPMENT CONFERENCE ROOM 1. MINUTES OF THE JULY 14 , 2009 MEETING. (ATT . 1) 2. LICENSE -CITY DITCH PEDESTRIAN BRIDGE AT 3700 S. OGDEN ST. (ATT. 2) 3. OXFORD STORM SEWER FAILURES -MEMO DATED ruLY 29 , 2009 . (ATT . 3) 4. WATER RIGHTS UPDATE DATED JULY 8, 2009 FROM DAVID HILL. (ATT. 4) 5 LETTER OF APPRECIATION FOR BOB KUNSELMAN AND RANDY SIMS . (ATT . 5) 6. OTHER. WATER AND SEWER BOARD MINUTES July 14, 2009 The meeting was called to order at 5 :05 p.m. Members present: Members absent: Also present: Bums, Moore, Cassidy, Wiggins , Woodward, Oakley, Habenicht Clark, Higday Stewart Fonda, Director of Utilities John Bock, Utilities Administration Manager 1. MINUTES OF THE JUNE 9, 2009 MEETING. The Englewood Water and Sewer Board received a copy of the minutes of the June 9 , 2009 meeting. Mr. Habenicht moved ; Mr. Wiggins seconded : Ayes : Nays: Members absent: Motion carried. To recommend Water and Sewer Board approval of the minutes of the June 9, 2009 Water and Sewer Board meeting. Bums, Moore, Cassidy, Wiggins, Woodward, Oakley, Habenicht None Clark, Higday 2 . LICENSE -CABIN MEADOW TRANSMOUNTAIN DIVERSION PIPE CROSSING AGREEMENT. David and Judith Rueter submitted a license agreement to install a driveway over the City of Englewood 's right-of-way for the Cabin Meadow Transmountain Diversion Project, which is located in Grand County across from the Winter Park Ski area. In order to accomplish this , a license agreement is required. A legal description is included in the crossing agreement and a map of the project is attached. Our pipe is in a county road and the adjacent owner 's proposed road will cross the right- of-way, but not the existing pipe. The pipe is used as an outlet for Meadow Creek Reservoir, which i s part of Englewood's raw water rights . The City reserves the right to make full use of the property necessary in the operation of the Cabin Meadow Transmountain Diversion pipe or any other of its facilities or installation within the City's right-of-way. Mr. Woodward suggested modifying paragraph #2 in future license agreements to clarify that three business days notice is required prior to commencement of construction. Mr. Woodward also requested that the time frame for future contracts be clarified. Mr. Woodward moved; Mr. Habenicht seconded: Ayes: Nays: Members absent: Motion carried. To recommend Council approval of the License -Cabin Meadow Transmountain Diversion Pipe Crossing. Burns, Moore, Cassidy, Wiggins, Woodward, Oakley, Habenicht None Clark, Higday 3. 92" STORM SEWER COLLAPSE AT OXFORD ANDS . PLATTE RIVER DR. Tom Brennan, Utilities Engineer, appeared before the Board to discuss the 92" storm sewer collapse. On May 26 it was discovered that the bottom of the storm sewer pipe at W. Oxford Ave. and the S . Platte River was eroded and there was a 12" hole in the side of the pipe. On June 6 , 2009 initial repairs were made and a 4' section of pipe was repaired. A second failure occurred the evening of June 25, approximately 40 feet downstream of the first repair, causing a large sinkhole and the pipe to collapse. On July 10, 2009 another major storm occurred (2" in 20 minutes). This caused the sinkhole to double in size, necessitating closing two lanes of traffic in W . Oxford Ave. After investigation, it is believed that the failure was due to the earth supporting the pipe being disturbed after the initial washout occurred. Discussion ensued regarding initial design inadequacies . Due to the urgency of the situation, American Civil Constructors was mobilized on June 26 to open the drainage path, remove the damaged pipe and stabilize the hole. The initial emergency work was completed June 26 . The immediate problem has been fixed , but infrastructure improvements will be ongoing. The Utilities Department is continuing to work with American Civil Constructors and several other suppliers on pipe availability and replacement options. Preliminary estimates for the total project range from $100,000 to $300,000. The project should be completed by the week of July 20. 4. LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PERMIT. Ms. Mary Gardner, Regulatory Programs Administrator, appeared before the Board to discuss the Colorado Discharge Permit System draft permit for discharge from the Littleton/Englewood Wastewater Treatment Plant. As requested, the Water Quality Control Division granted an extension of the public comment period until July 6, 2009 . Comments and requests were documented and submitted by the deadline. Mary reviewed key issues and comments of the draft permit. It was noted that the tiered permit limits based on discharge flow were approved. The Commission approved the seasonal temperature shift and temporary modifications through 2014. A compliance schedule is provided for alternate disinfection with a favorable effluent limitation for fecal coliform. A compliance schedule for ammonia is also needed and was omitted by the Division. Also , effluent limits for copper, silver and lindane were removed from the draft permit. Mary noted that permit challenges to be addressed are , 1) the maximum daily limit for total inorganic nitrogen, 2) some permit limits are lower than the preliminary effluent limits that were used in the design process, 3) the an iron limit is lower than is measured in the effluent and 4) the plant received a cyanide permit limit. The Board also received a memo that gives an overview of the basic statutory and regulatory :framework of the Colorado discharge permit system. 5. WATER RIGHTS UPDATE DATED JUNE 5, 2009 FROM DAVID HILL. The Board received from David Hill, Englewood's Water Attorney, a water rights update dated June 5, 2009. Stu discussed developments in water litigation cases in which Englewood is involved. 6. DELlNQUENT WATER BILLS AT ENGLEWOOD POST ALF ACILITIES (USPS). The Board received an update from Englewood's City Attorney, Dan Brotzman, regarding the past-due bills for the USPS facilities at 3330 S . Broadway and 915 W. Lehigh Ave. As of July 2, 2009 the USPS has agreed to pay the past due water, sewer and concrete bills, but will be opting out of the concrete program on future bills. The USPS will not be responsible for past or future storm water charges, and the City is waiving these charges. A draft of an agreement has been submitted to the City Attorney's office for approval. 7. LETTER RESPONDlNG TO lNQUIRY FROM ROBERT RODEFELD AT 7713 GRAPE CT. Mr. Rodefeld, of 7713 S. Grape Ct., sent a letter on July 5, 2009 requesting an explanation ofrate increases since 2004. The Board received a copy of Mr. Beck's reply, which noted that rate increases have been necessary to fund major construction projects at the Littleton/Englewood Wastewater Treatment Plant and the mandated processes that were added to comply with the Federal Clean Water Act. The reply also discussed the rate increases that were approved by the Englewood Water and Sewer Board, the Englewood City Council and the Littleton/Englewood Wastewater Treatment Plant Board of Directors. 8. ANNUAL BOARD AND COMMISSION APPRECIATION NIGHT - AUGUST . 10, 2009. The Board received an invitation to the Annual Board and Commission Appreciation Night on August 10 , 2009 at Pirates Co ve beginning at 6 :30 p.m. Board members were directed to call in their reservations to Cathy in the Utilities Department. The meeting adjourned at 6:40 p.m. The next Englewood Water and Sewer Board will be held Tuesday, August 11 , 2009 at 5 :00 p.m. at the Community Development Conference Room . Respectfully submitted, Cathy Burrage Recording Secretary Date September 21, 2009 INITIATED BY Utilities Department COUNCIL COMMUNICATION Agenda Item Subject License Agreement for City Ditch Pedestrian Bridge Crossing at 3700 S. Ogden St. STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their August 11, 2009 meeting, recommended Council approval of the License -City Ditch Crossing Agreement and Temporary Construction Easement for a pedestrian bridge at 3700 S. Ogden St. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Ms. Jill Hutter submitted a License -City Ditch Crossing Agreement and a Temporary Construction Easement to cross an Englewood City Ditch easement with a bridge at 3700 S. Ogden St. Englewood will maintain their easement and the right to install, repair remove or relocate the City Ditch at any time deemed necessary. The License will allow Ms. Hutter to install a bridge in the existing easement to provide access to a small portion of her property without trespassing through adjoining property. The Licensee expressly assumes full and strict liability for any and all damages of every nature to person or property caused by the point or points where the Licensee performs any work in connection with the crossing provided by the Licensee. The City reserves the right to make full use of the property necessary in the operation of the City Ditch. FINANCIAL IMPACT None. LIST OF ATTACHMENTS License -City Ditch Crossing Agreement and Temporary Construction Easement Bill for Ordinance ~-J~L-13-200~. NON 10:48 AM UTILITIES FAX NO. 3037836894 LICENSID • OI'lY PTTCH CROSSING AGREEMENX THIS LICENSE AGRElllMENT, iu~de and entered into as of this ZST'lf day of JlJL'{, 200°1 ;;:::i:a;;;.1 by and betweGn the CITY' OF ENGLEWOOD, a m1niicipal coi-pol:'ation of9)a$ta~ of Colorado, herein referred to as "City!', and . :1'1LL. M. l:Jll:r1m. . herein teforred to as "Licensee". WITNESSETH: 'fhe City without any warranty of its title or interest whateoevei·, hereby authorhea Licensee, !ta successor, aesigne, to inetall a. GAJ?P~N ~lPGrE mssr~ overt.he Cit e rights·of·way £01· the City Ditch. described as a pa.reel of land situated in the_ ... ,, • ..,-ru 11' w ofSection 2 , __ ....._,.-..,.~......._ ________ Range 6B WFSf of the ______ ...._. ......... __________ .P.M ., Cou1ity of .Arapahoe, State of Colorado desc1·ibed ae follows: P. 02 'nlr;. ~ v~ OF 1"b tNeSf Vi OF-"mb lAJ~ ~ Orn{~ N~r.t~T ~ OF ]'.{~ ~ntwm ~ orlfle. NO((.rt-tw~ Y4 Cf $~11tN 2, TONNS~(P 5 sourtt ~~ 68 ~sl' CF 1"~ 6Ttf f'RtNtfrAL M~l~lAN> WN'f'( OF ,Alc:ApAf16G, CO., A~P~: 3'10C> 5asn( O~r>~ ~, t:Na.L'6W@ CC> ©tl'3 The above-described patcel contains _...._l.:..i,Z=S=--~--""-~£...._ ______ .L..Jm"'"o....,r..,e""o""'1•...,Je..,.a,....a. 1. Any conatruotiou contemplated or performed under this License shall comply with and conform to standards :formulated by the Direoto:r of Utilities of the City and auch coruitruction shall be pGrformed and completed accorclina to the plans, oon15ii;iting of one f;heet. a copy of which ia attachell he1•eto and :made a pin-t he1•eof. 2. The J.iicenaee shall notify the City'Q Director of Utilitiaa at ieaat three (3) days '!J'io'r to the time of commencement of the consty:i1ction of, or ~my repairs made to, Liceneee'sARtret::( BR1 DG.E crsw;lt\fa, ---------~-----------so that the City may, in its diecretion, inspect such operatione. 3. Within tbit~ (30) days from the date of the commencement of construction of said __ _ ~'fN ISRID&E <: ..... R ..... W~..._IN.,_,.G,......__ ___________ _ the Licensee sban complete auch construction, place L'lnd maintain perlllanent, visible maxke11s 1 of a type and at such locationsa.s designated 'by the City's Dir.ecto1• of Utilitii;1s, i·eferring to the cente:dine of the installation and shall clear the c1•oaeing area 0£ all construction debris and :restore the fil'sa to its previous condition as near as may be reasonable. In the event the planing of the centerline marker$ and the clearing and restoration .of the crossing area ia not completed within the time speclffod, the City may complete tha wo1·k at the sole e:icpense of the J.,icensee. 4. The City shall have the right to maintain., install, rep~!, i•emovo or relocate the City Ditch or any other of its facilities or installf.itiona witlrln the City's rights•of-way, at any time and in such manner a& the City deems necesea.1-y or convenient. The City reserves the ( JUL-13 -2009 !10N 10:46 Al1 UTILlTIES FAX NO. 3037836894 P. 03 oxcluaive r.ight to conti'ol all eaeementa and installatione. In the event the ~ARt>'YJ BRID~~ C.ID$SLN<''1 should intel·fere with any f'Uture use of the City's righta·of-way by the City, the Licensee eball, upon reque1;1t and at its sole expem;e, ralocato, rearrange, or remove its installations $0 as not to interfere with any 1rnch uae .. 5. Any ropair 0'.1.' replacement 0£ any City inst 1~lla.tion made n.eceasa:ry, in the opinion 0£ the City's Director of Utilities because ofthe construction of tho &Al?tra.N. gf.<~E C.l?O~$lNCt or othe:r appm·tenant installation thereof, shall be made at the sole expense of the Licensee. 6 . 'l'he stipulation and condttiona of this License shall be incorporated into contra.ct specifications if the construction hel'ein a\1tholi2ed is tb be done on a cont1•act bai;i$. 7 . 'l'he :rights and privileges granted in this Licenee shall be subject to prior agreements, liceneea and/or grants, recorded 017 unrecorded, a.nd it shall be the Licensee's sole responsibility to detem1ine the existence of said docmnenta o:r conflicting uses or installations. 8, The Licensee shall contact and fully coope1•ato with the Ci ty's pe1•aonn~l and the construd'ion shall be completed witho\it interfe1•e11ce with any lawful, usual or ord~y £1.ow of water tbrough the City Ditoh. Licensee E1hall aee\lme all risks incident to the possible presence oi such watel'$, or of storm wate1•a 1 or of surface waters in the City Ditch. 9 . All trenches or holes within the City's rights-of-way shall be backfilled and tamped to the original gro~n.d line in layers not to excea six (e) inches loose measure to a compactioll of ninety percent (90%) Standard Prootor Me!\imum 'Density . lO. Licensee, by acceptance of this License, exp:r4esaly assumes full Emel eti<J.ct liability for a;ny and all damages of every nati'll'e to person or property oaused by water from. the ditch leaking tmough the dltch banks or pipeline at 'tho point or points.where tho J.,icensee pi:n•foi·ms any work.in connection with the ' crossing provided by this T_,icense. 'J:llie Licensee assumes all responsibility for maintenance of the installation. 11. Licensee shall indemnify and eave harmless the City, its office:rs and employees, against any and all claims, damagtee, acctions or causes of action and ex~sea to which it or they may be eubjectod by reason of si.Ud &A@~N ~RI PG E __ ~ S<; lN<? boing within and ael'oes and un.de1• the pr&miaes of tha City or by :i:eason of any work done 01· omiesio1i iii.ads by Licensee, its agents or employees, in connection with the coneti.•uotion, re~lacement, :inainte1'.lance or repai:r of said installation, 12. lt is e:itpressly agreed that i.;t caae oiLicen$ee'a breach of any of the within promieea, the City may, at its option, have specific: 1let•fo1•mance thereof, 01· Sl\e fol' damages resulting from such breach. 13. Upon abandonment of any right or p:i:ivil~ge herein granted, the right of Licensee to that extent shall te1·minate, but its obligation to indemnigy and save harmless the City, ite oificei:s and employees, shall not tel'Dlinate in ~~y event. In g:rantin({ the above authorization, the 'city reserves the righl: to make N.11 use of the property involved as niay be neceseary or convenient in the operation of the watei· works plant and system \mder !:he control of the City, JUL-13-2009 MON 10:46 AM UTILITIES FAX NO. 3037836894 In granting the above authorization, the City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of fue water works plant and system under control of the City. IN WITNESS WHEREOF this instnunent has been executed as of the day and year first above written. CITY OF ENGLEWOOD Stewart H. Fonda Director of Utilities City of Englewood Chairman Englewood Water and Sewer Board The undersigned officer of _______________ has read the foregoing License and agrees for an on behalf of said accept and will abide by all the terms and conditions thereof, LICENSEE: Notary: ' P. 04 I -....c::L..<:i....L. ............... -4-__ ......u...J~~i'\LJ Title: ____________ _ Address: , 3Jo() J. O!fden Sf red" fbt1 I-Iii/:; 'Wl°'fi CJ) 80113 Phone: i 20 . 468 . JCff) CINDY EVANS Notary Public State of Colorado ...... ( JUL-13-2009 l10N 10:4B AM UTILITIES FAX NO. 3037836894 TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (the Temporary Easement) is entered into this Z8. day of .J'UL..'( , 2ooq by and between the City of Englewood, Colorado, a municipal corporation of the state of Colorado, acting by the through its Water and Sewer Board (Grantor) and .JIU. M. 1-J,Uife& ------------------(Grantee). WHEREAS, The City of Englewood owns a right-of~way for the City Ditch, a carrier ditch (City Ditch ROW) which is located as described.on Exhibit A. WHEREAS, J'it.L i\1 . Yk010e. ~desires to install a GA@~N 8RID~E _c=~=s .... s ..... ~~'7------------within the City Ditch ROW pursuant to a license between the partiys. NOW, THEREFORE, In consideration of the mutual covenants of the parties, more paniculnrly hereinafter set forth, the adequacy and sufficiency of which are hereby acknowledged, it is agreed as follows: 1. Temporaxy Construction Easement. Englewood (as Grantor) hereby grants to JIL[, A.I .J!~g. (as Grantee), its successors, assigns, contractors, and sub-contractors, a non-exclusive temporary construction easement through. over, under and across the City Ditch ROW for the installation ofa <M@m BRl12GE. Cl?OSStN& · pursuant to a license agreement (the Project). 2. Tenn of Easement. The Project will begin no sooner than liOO~T,WOj and will be completed no later than MA'(, ZOLO . Completion of the Project will be deemed to have occurred upon inspection and approval of the Project by Grantor and this Temporary Easement will be deemed to have tenninated upon such completion. 3. Access. Grantee shall have the temporary non-exclusive right to enter the City Ditch ROW for any reasonable purpose necessary or prudent for the construction of the Project subject to the following restrictions: l) nonnal working hours shall be consistent with CDOT construction hours, Monday through Friday and 2) the operation of equipment and heavy trucks will be permitted on the Englewood City Ditch ROW only during normal working hours. P. 05 ~-JUL-1_3 -2009 MON 10:46 AM UTILITIES FAX NO. 3037836894 4. Restoration. Upon completion of the Project, Grantee will perform such restoration and regrading as is necessary or prudent to restore the surface area of the City Ditch ROW to its original condition. 5. Indemnification. Grantee, to the extent permitted by the laws and constitution of the State of Colorado, hereby agrees to be liable and hold hannless the City of Englewood, its employees, tenants, and guests from any and all claims, causes of action, and liability which may occur as a result of the negligent or wrongful acts of Grantee in the construction of the Project, including the cost of defending against such claims. 6. Liability. Grantee hereby acknowledges that it understands that there is water flow in the City Ditch from April 1 to November l of each year and that it will assume liability for any damage to adjoining property caused by water flow resulting from damage to the City Ditch caused by the Grantee's construction activities. 7. Insurance. Grantee shall maintain in full force and effect a valid policy of insurance for rhe Project in the amounr of $600,000.00 property coverage and $600,000.00 liability coverage. Grantee further agrees that all its employees, contractors and sub-contractors working on the Project shall be covered by adequate Workers Compensation insurance. 8. Assiimment. This Temporary Construction Easement is assignable only with the written permission of Englewood, which permission will not unreasonably withheld, conditioned or delayed. IN WITNESS WHEREOF, the parties hereto have executed this temporary construction Easement on the date and day first written above. -. ' .. P. 06 JUL-13-2009 MON 10:47 AM UTILITIES FAX NO. 3037836894 In granting the above authorization, the City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under control of the City. IN WITNESS WHEREOF this instrument has been executed as of the day and year first above written. · CITY OF ENGLEWOOD Stewart H. Fonda Director of Utilities Ci1.y of Englewood Chahman Englewood Water and Sewer Board The undersigned officer of _______________ has read the foregoing License and agrees for an on behalf of said _________________________ that it will accept and will abide by all the tenns and conditions thereof. Title: ~-----------~ Address: 3100 3, 9Jrien Sfr~} UJercy JP/ls V:l lorl (!fJ /0113 Phone: J20.1e/J · l)Jj CINDY EVANS Notary Public State of Colorado ~1y Commission Expires G§!Otl@f 31, 2011 P. 07 ii i ~: ..J ~ '.T ~ J. ~ ; .. ·-...::-"'7' yAL£.;:.-,:.. '! "' i [• \ ... o ' "' '(8 --.,-s ® ---~ ..... ' = .::;~ ··-:--e·---~ ~ \ olliMfiD, ell ~I I 81 1 ti~~rr. · p---~it~}\J -~~ ~-~""'"·i· © f ,; ''"'-~ <".'"'"'-'·'>~., .. .,.,.~···"''<;~ ',.' .. · 1~~11~r I~ ~~-I f ... @i i ; l·:- 111 . ~~ i -- ~'l ,-~ c PROPERTY LOCAnDN: :J700 s. OGD£N ST. ENGLEWOOD, CO 8011 :J DO cci ,.., "' cci ..... VICINITY MAP §511 -:J:'.~>-;-::~ I I i r;~;~:;;:j· :~-.. _;,.,·:.-· I°""' : ~:-::':·:~, -~--~ "'°<:'Yj ..... FOJND REBAA WITH ! ~1~it~~~~~~;t .. ··· ........ •.3' 28 .9' ............ ···············_; rmCTR1c / METER .. ~:-"' .. ' ~;+ , .... I ~+ .. :' /": ...:~~ ....... PlASflC CAP MARKED)f-: t::;f:~~r~)t-·.:~~1 "LS33202• '-;:~-~~~lt;~~kl FOUND #5 REBAR 15 .S:i 1~~· :::;;~\~) WITH NO CAP I "····· ,· .... ~·" ;/// ·, {'~·::/'\~~ ~y .... / / /; ;.,_&-r'" & . ~ .. . . 7 + v ~ ~ . . • • · ·-.,6·0•' 42"\1¥-1 ,., . '../ '" 661.59'(AN) __J ------~I JJ.:''''~ 1 J --~ ... :' · 1 / . .. -f f 7 / 50.39' " .. ,. '. (•'U ~ ~---am. • -L\-165.40'(AM:) WEST 1/4 CORNER OF · SECTION 2, T5S , R6BW, FOUND ALUM. CAP MARKED "LS27011" ~'.:!.~:1~~-:(.:,:1 ~:~~{~i':\v~ I / S'll CORNER OF Nl /2 W1/2 W1/2 NE1 /4 SW1/4 NW1/4 SECTION 2, T5S, R6BW GARDEN CROSSING LOCATION 1. EXHIBIT A IS AN EXCERPT OF THE IMPROVE/JENT SURV£'1' Pl.AT AS RECORDED ON JUNE 4, 2004, RECEPnDN NO. 0277:J, AT THE ARAPAHOE COUNTY CLERK, STATE OF COLORADO. NO VERIFICATION OF THE RECORDED MAP WAS DONE. 2. SINCE NO /.£GAL RECORDING OF THE CITY OF ENGLEWOOD'S DfTCH R.O.W. IS FOUND AT THE ARAPAHOE COUNTY CLERK. THE EXTENT SHOWN IS APPROXIMATED WTTH INFORMATION SUPPLIED Sf CATH'f BURRAGE OF THE tmunES DEPARTMENT. DATED JULY 22, 2009. oJ I FOUND 3"iil BRAS /"f.__CAP MARKED "OM / PROP UN E LS71 . i968" TEMPORARY CONST. EASEMENT EXTENT GARDEN CROSSING LOCATION CORNER OF 1/2 NE1/4 SW S~CTION 2, T5S, ,. = 20·-o J NOTE: , .J. PHrSICAI.. ADDRESS OF PROPERTY: :J700 S. OGDEN STRE£T. ENGLEWOOD CO 8011:J. 4. PROPERTY OWNER: JILL HUTTER --------- w::c: og ~Ci 50 vi8 ::J 3: J:~ >-(.!) o:::i5 0::: ~ WU. ~o < i...~ I- 0(3 ffi ~o::: J: x CJ~~ IJ.J tf o i i5£; t i o!:l (ijO I wo::: o:::U 8 o:::Z ff ol 1"'~ ~ I :::>< d ::C:<.!> i!! z a ~ •••• ••• •• • ~ ~1 ~ld ~1; ~ .. ~ j .. ~~ um ~ 13_ • i§. .. d ••• Ii! d .... ;: ~ £XISnNG FINISH GRAD£ PIER/BEAM~ ,.., TYP. 2X6 DECKING PLANKS SOUD BLOCKING AT THIRD POINTS OF SPAN ,_ ____ s·-o· ----~ 2X RAILS 0 12· o.c. 4X4 POSTS o 4'-o· o.c. 2-2X12 BEAM ,.., TYP. OF 3 of---G-~_R_D£_N_C_R_O_S_S_IN_G_S_Ei_C_~-~-~-1 • __ 0 15·-o· £Xl5nNG CHANNEL i------CENTER TO CENTER -----i OF PIER -----18'-o• GARDEN CROSSING LENGTH--------<~ 16·e x 3•-0• CONCRETE PIER ,.., 6 TOT. 1'-6. 01---G-~_R_D_£_N_CR_O_S_S_l_N_G_EL_E_~_'A_Tl_O_N __ 1 / 4 ___ =_ 1 • __ 0 •••• ••• •• PROJECT: • • • • HUTTER RESIDENCE, CITY OF CHERRY HILLS VILLAGE ••• GARDEN CROSSING OVER CITY OF ENGLEWOOD DITCH • Engineerma le Surveyinc, U.C ••1--~--------------~"'!""""---------1 • DAlE: JJLY 28, 2009 BY: CYC Qil<D: 9570 KINGSTON COURT, SUITE 310 ENGLEWOOO, CO. 80112 Pt-!ONE : (303) 773-1605 t--------1~~---------------t fAX : (303) 773-3297 JOB NO. 095042.00 SHEET NO. EXHIBIT 8 •••• ••• •• • SIMPSON STRONG T/£ OCC# CAP TO B£ CAST IN PIER CONC. W/ 1-/3 x 4'-o• 8£NT THRU BOLT HOLE AS SHOWN N PROVIDE 4-5/e·e x 3• LAG BOLTS TO BEAMS GARDEN CROSSING CONNECTION DETAIL PRo.ECT: CONCRF:TE PIER TO 8£ R£1NFORC£D WITH ON£ LAYER OF 6x6-W2.0xW2.0 W.W.F. 3/4. = 1'-0 • • • • HU TIER RESIDENCE, CITY OF CHERRY HILLS VILLAGE ••• GARDEN CROSSING OVER CITY OF ENGLEWOOD DITCH ··~~~~!"!'""""~~-~--------~-------~ • DA 1E: .AJLY 28, 2009 BY: CYC aiKD: 9570 KINGSTON COURT, SUITE 310 /'HONE: (303) 773-1605 t-------...... ~~-------------t FAX: (303) 773-3297 JOB NO. 095042.00 SHEET NO. EXHIBIT c ENGLEWOOD, CO. 80112 MEMORANDUM TO: Stu Fonda, Director of Utilities FROM: Tom Brennan, Utilities Engineer ~ DATE : July29, 2009 SUBJECT: Oxford Storm Sewer Failures The replacement of the failed section of 92" storm sewer at the outfall to the S Platte River is completed. The replacement pipe utilized was 92" polymer coated 12 gauge galvanized corrugated steel pipe. This pipe has twice the wall thickness of the original pipe. Additionally, the fall of the pipe was softened to approximately half of the original slope and the pipe was bedded with lean concrete (flow fill) its entire length from spring line to invert for support. The footing of the original headwall was intact and used for the new headwall. The original wire gabion rock baskets were replaced with 120 tons of Type M rock. Additional infrastructure that required replaced included 100 ft of 24" storm sewer, 60 ft of 30" raw water pipe, 25 ft of vertical curb and gutter, 50 ft of 2' concrete drainage pan, 50 ft of l" water service line, and 1200 sq ft of street section. Current estimate of cost is $250,000. Final cost will be known in two to four weeks. We experienced a second failure on this drainage system approximately one half mile upstream on Martin Plastics property located at 1366 W Oxford Ave. This failure occurred on the evening of Saturday July 25th with 70 ft of 78" corrugate steel pipe collapsing. American Civil Constructors mobilized on Monday July zih and completed stabilizing the sink hole and opening the drainage channel the following afternoon. This pipe was installed in 1992 under a CDOT project. The original plans as well as the as- built plans called for reinforced concrete pipe which was not installed. The corrugate steel pipe installed was not structurally adequate for the depths this pipe was buried which caused the pipe to fa il. Presently we are working with American Civil Constructors and several suppliers on replacement options and pipe availability. Preliminary estimates for the work range from $75,000 to $125,000. Work will commence once materials are available. There is about $1 ,000,000 in the Storm Water fund to cover these costs. We will seek payment from CDOT for the Martin Plastics work and we will also insist they replace or reinforce the other corrugated pipe that was installed in the 1992 project. BERG HILL GREENLEAF & RUSCITTI LLP ATTORNEYS & COUNSELORS AT LAW David G . Hill Partne r Daniel L. Brotzman, Esq. City of Englewood 1000 Englewood Parkway Englewood, CO 80110-0110 Re: June Invoice Dear Dan : 1712 Pearl Street • Boulder, Colorado 80302 Tel: 303.402.1600 • Fax: 303.402.1601 bhgrlaw.com July 8, 2009 dgh@ bhgrlaw.com Enclosed please find our invoices for professional services on water matters for June 1, 2009 , through June 30 , 2009 , in the amount of $67 ,528.24 , with a total for the year of $234 ,343.37. The amount for this billing cycle on major cases is listed below: I Name I Amount I No. I General $ 1,443.00 001 Park County Sportsmen (96CW014) South Park 5,010 .63 364 FRICO (02CW105) Pumping Ruling 30 ,414.20 504 Milliken, et al. (02CW339 & 05CW059) 1,242.50 660 Chatfield Owe-the-River Exchange 1,156 .36 716 Chatfield Reservoir Reallocation Project 21 ,644.89 720 FRICO Appeal -Metro Pumps (09SA133) 2 ,994.46 722 Stu Fonda has asked us to provide brief descriptions of the reasons for Englewood 's invol vement 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: Daniel L. Brotzman July 8, 2009 Page2 Introduction. Please understand that this letter is a confidential attorney-client communication. Please keep it confidential. I have written down my own time on this billing cycle by $8,000 (which comes out of my pocket). I have written down the time of other lawyers and a paralegal by $16,387.50, for a total write down of$24,387.50. The primary reasons forthe unusually large write downs are three: First, with respect to closure of the Chatfield gates and resulting water hardness for Englewood, gathering the facts concerning Denver's new points of diversion and the lack of 404 permits and an EIS has required far more work than I ever anticipated or led Englewood to anticipate. The Corps of Engineers has been evasive or non-responsive in their response to numerous oral inquiries, their published list of 404 permits is not helpful, and it has required several Freedom of Information Act requests to finally obtain nearly all of the information which we need. Second, the lack of information from the Corps led to some "blind alley" legal research, which we did in reliance on information from the Corps which turned out to be incomplete. Third, the work on the Chatfield problem unfortunately coincided with a huge amount of unanticipated work on the FRICO case, and the two matters combined to produce a very large monthly bill. With respect to the FRICO case : The victory was so massive that it engendered a lengthy series of post-trial motions desperately seeking to change the results. (For example, the Judge's order cut the 1885 Burlington storage right, the most senior on the South Platte River, from 11,081 acre feet per year to 5,432, and big reductions were made in other rights as well.) The motions which were filed included the following: First a motion for reconsideration and change of the basic ruling, which required a response which was essentially the appellate brief to come. To respond to the reconsideration motion required an extensive review of the 14-day transcript to find various rulings, testimony and exhibits to cite to the Court. Plus the Applicants had included in their motion exhibits which the Court had never admitted, and had raised numerous brand-new arguments, both of which were improper and had to be dealt with. Second, Applicants filed a motion to stay the order, and that motion raised in different words the grounds stated in the motion for reconsideration, plus still further new issues which had to be dealt with. (A stay until October 31 was finally entered, after Applicants agreed to drop their new issues and the reconsideration issues from the motion for stay.) Third, Applicants' initial pleadings and their position at trial was that the forthcoming ruling should apply to all the FRICO/Burlington shares; but last month the Applicants filed a motion to make the ruling apply only to the shares recently purchased by East Cherry Creek Water and Sanitation District, thus exempting the rest of the shares from the ruling. Fourth, Henrylyn Irrigation District, which owns shares in FRICO and Burlington, filed a motion asking that the decision not apply to its shares. Daniel L. Brotzman July 8, 2009 Page 3 The Judge denied all the motions (ex cept for granting a stay for what amounts to the rest of the 2009 irrigation season). The good aspect of the motion practice is that a large part of the appellate briefs has been written. July will require further work on the 1999 Agreement brief, and perhaps the Metro Pumps brief; but a great deal of the necessary work has been done . With respect to the Chatfield gate closures, we finall y are at this position on the facts : Denver seeks to keep the gates closed as often as possible, so as to save all reservoir inflow for itself. To keep the gates closed as often as possible, Denver must assure that its 10 ,000 acre feet of storage space never completely fills , because when that space is filled the gates must be opened. First, to keep its storage space from filling completely, Denver has constructed a pump station on the river above Chatfield at its old Kassler filter plant flume location. The construction was allowed under a so-called "nationwide permit" which is a species of exemption from the general requirement for a 404 permit. The particular nationwide permit allows introduction of a fixed maximum (and very small) amount of fill without need for a formal permit. As we presently understand the situation, the "nationwide permit" given to Denver was based on introduction of an amount of fill which was beneath the maximum allowed by the nationwide permit. While we are still investigating this , it appears that the fill which was actually placed in the river exceeded the maximum amount allowed by the nationwide permit, so a 404 permit was necessary and was never obtained. Second, Denver obtained an easement from the Corps to put a submerged pump into the reservoir on the west side, and pump the water to Denver's conduit. No consideration of the environmental consequences was made by the Corps . Third, Denver 's storage priority date , under which it can store Chatfield inflows, is 1977 , a relatively junior date. To enable it to store the inflows when 1977 is out of priority, Denver needs to release water from a location below Chatfield to satisfy the senior downstream rights (the transaction is called an exchange). When Denver has such water which it can release below Chatfield, it can keep the Chatfield gates shut and store the Chatfield inflow (to the extent of the release from below Chatfield, i.e., to the extent of the exchange). In the past, Denver has often lacked water below Chatfield which it can release for exchange. But Denver has now constructed gravel pit reservoirs near Brighton in which it can store water to release for exchanges when its Chatfield right is out of priority, thus greatly increasing the periods when it can close the Chatfield gates . In order to get water from the river into its gravel pit reservoirs, Denver (along with Thornton and South Adams) contracted with the Fulton Ditch people to expand the capacity of the Fulton Ditch from 230 to 500 cfs and allow carriage of water to the gravel pit reservoirs of Denver, South Adams and Thornton. Daniel L. Brotzman July 8, 2009 Page4 The expansion of the Fulton Ditch diversion works from 230 to 500 cfs to allow municipal use should have required a 404 permit, together with an examination by the Corps of the potential environmental consequences. But the Corps allowed the work with no 404 permit or documented environmental review. Fourth, Denver seeks still another pump station within Chatfield, although we have received information that Denver's application is being held up by State Parks, which manages Chatfield as a State Park. There appears to be no statute of limitations for lawsuits alleging the lack of a 404 permit, and seeking that same be required, together with an environmental analysis. Finally, a process is underway to permit new water right holders with priorities junior to Denver's 1977 to store inflows to Chatfield. An environmental impact statement is in progress for that process, and a draft is due for release this fall. Denver's increased ability to store in Chatfield will no doubt limit the water available to the new water right holders , and it is not clear whether that fact is perceived by the Corps or the new water right holders. In theory, there should be a series of 404 permit applications and an environmental review and probably an environmental impact statement, dealing with Denver's efforts to close the gates, the impact of gate closures on downstream water quality, and the impact of Denver's increased storage on the new water right holders . Suit can still be brought to enforce such a procedure (we are not currently recommending litigation, and may never do so). We will send a letter to Denver (after review by Dan Brotzman and Stu Fonda) pointing out the lack of required 404 permits and environmental reviews, and suggest Denver meet with us to discuss a resolution such as a modest release from Chatfield down City Ditch when hardness reaches a difficult level , such as 255 ppm. 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 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, rev iewing various daily incoming pleadings and correspondence, overall case management and other activities that are not case specific. It usually includes preparation of many statements of opposition. Mr. Stu Fonda Director of Utilities City of Englewood Englewood Civic Center 1000 Englewood Parkway . Englewood , CO 80110 Dear Mr. Fonda, 3265 S. Delaware St. Englewood, CO 80110 July 23 , 2009 We wanted to let you know about two of your Utilities employees who gave us truly outstanding service. They are Bob Kunselman and Randy Sims. Last Tuesday, we called the City of EI)glewood to turn off the water so we could install a meter. When our plumber looked at the leak he estimated that we would need to dig up the yard, replace the shut off valve, main line and much more , for a total of several thousand dollars. Randy and Bob turned the water off, gave us great advice, avoided digging up anything and replaced the meter. We personally talked to both of them and they went out of their way to keep us informed, explain what was wrong , what they could do and the risks. These workers were very skilled at locating the problem and determining a solution. This is a 1st home for Grant and we especially appreciate their patience and cooperation finding a solution to the problem. This was a job well done and they are great assets to the City of Englewood. Please convey our thanks and appreciation. ~.......6--~ Grant Gibson