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2009-09-08 WSB AGENDA
WATER & SEWER BOARD AGENDA Tuesday, September 8, 2009 5:00 P.M. COMMUNITY DEVELOPMENT CONFERENCE ROOM 1. MINUTES OF THE JULY 14 , 2009 MEETING AND PHONE VOTE OF AUGUST 11 , 2009. (ATT. 1) 2 . LICENSE -CITY DITCH LICENSE AGREEMENT FOR SOUTH SUBURBAN PARKS FOR CORNERSTONE PARK. (ATT . 2) 3. BROWN DITCH LICENSE AGREEMENT FOR 27 BROOKHAVEN TRAIL. (ATT. 3) 4. WATER RIGHTS UPDATE DATED AUGUST 6 , 2009 FROM DAVID HILL. (ATT. 4) 5. MEMO FROM BILL McCORMICK RE: STATE INSPECTION RESULTS OF ENGLEWOOD WATER FACILITIES. (ATT. 5) 6. BROWN & CALDWELL ENGINEERING ENTRY FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT. (ATT. 6) 7. DENVER POST ARTICLE , "DENVER RESIDENTS CLASH WITH CITY OVER SPIKE IN WATER BILLS," DATED AUGUST 9, 2009 . (ATT. 7) 6 . OTHER. WATER AND SEWER BOARD PHONE VOTE August 17, 2009 ATT. I A phone vote was taken from the members of the Englewood Water and Sewer Board for the July 14, 2009 minutes and the License Agreement for the City Ditch Pedestrian Bridge at 3700 s. Ogden St. Mr. Burns moved: Mr. Habenicht seconded: Ayes: Members not reached: Nays: Motion carried. Mr. Habenicht moved: Mr. Burns seconded: Ayes: Members not reached: Nays: To recommend approval of the July 14, 2009 Water and Sewer Board minutes. Wiggins, Habenicht, Burns, Higday, Clark, Moore, Cassidy, Oakley, Woodward None None To recommend Council approval of the License -City Ditch Crossing Agreement and Temporary Construction Easement for a pedestrian bridge at 3700 S. Ogden St. Wiggins, Habenicht, Burns, Higday, Clark, Moore, Cassidy, Oakley, Woodward None None .· The next meeting will be held September 8, 2009 at 5:00 p.m. in the Public Works Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary 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 TRANSMOUNT AIN 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 is 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 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 involv ed . 6. DELINQUENT WATER BILLS AT ENGLEWOOD POSTAL FACILITIES (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 RESPONDING TO INQUIRY FROM ROBERT RODEFELD AT 7713 GRAPE CT. Mr. Rodefeld, of7713 S . Grape Ct., sent a letter on July 5, 2009 requesting an explanation of rate increases since 2004. The Board received a copy of Mr. Bock'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 Cove 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 COUNCIL COMMUNICATION Date Agenda Item October 18 , 2004 ATT. 2. Subject City Ditch License Agreement and Construction Easement for South Suburban Parks & Recreation INITIATED BY Utilities Department STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None RECOMMENDED ACTION The Englewood Water and Sewer Board , at their September 8, 2009 meeting, recommended Council approval by ordinance of the City Ditch License Agreement and Construction Easement from South Suburban Parks & Recreation for two water lines crossing the City Ditch . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The South Suburban Park and Recreation District submitted a license agreement and temporary construction easement for a City Ditch Crossing at Cornerstone Park (Windermere and Belleview) at approximately 5000 S. Windermere St. South Suburban will be installing a 2 " diameter sleeve for a 1-1/2" water line and a 6" diameter sleeve for a 4" water line. The 4 " water line is for irrigating their ball fields at the park and the 1-1 /2" tap will provide potable water for the restrooms . The two water taps have been purchased from Englewood. The Licensee expressly assumes full and strict liability for any and all damages of every nature to person or property caused by the point OF.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 . The City retains all rights to operate, maintain, install, repair, remove or relocated any of it's ' facilities located within the City's right-of-way. Englewood's City Attorney and the Utilities Engineer have reviewed and approved the license agreement and construction easement. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Ordinance License Agreement Grant of Construction Eas_ement TEMPORARY CONSTRUCTION EASEMENT THIS TEMPORARY CONSTRUCTION EASEMENT (the Temporary Easement, made and interested into as of this 2009 by and between the City of Englewood, a municipal corporation of the State of Colorado, acting through its Water and Sewer Board ("Grantor"); and South Suburban Park and Recreation District ("Grantee"). WHEREAS Grantor owns a right-of-way for the City Ditch, a carrier ditch ("City Ditch ROW"), which is located as described on Exhibit A; and WHEREAS Grantee desires to install Waterlines within the City Ditch ROW pursuant to a License between the parties executed , 2009; NOW THEREFORE, In consideration of the mutual covenants of the parties, more particularly hereinafter set forth, the adequacy and sufficiency of which are hereby acknowledged, it is agreed as follows: 1. Temporary Construction Easement. Grantor hereby grants to 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 of Waterlines pursuant to the License Agreement (the "Project'). 2. Term of Easement. The Project will begin no sooner than November 2009 and will be completed no later than March 2010. 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 terminated 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: 1) Normal working hours shall be consistent with CDOT construction hours, Monday through Friday; and 2) The operation of the equipment and heavy trucks will be permitted on the Englewood City Ditch ROW only during normal working hours. 4. Restoration. Upon completion of the Project, Grantee will perform such restoration and regrading as is necessary or prudent to restore the surface 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 harmless the City of Englewood, its employees, tenants, and guests from any and all claims, causes of action, and liability which may occur as a result of the negligent or wrongful acts of Grantee in the construction of the Project, including the cost of defending against such claims. 6. Liability. Grantee hereby acknowledges that it understands that there is water flow in the City Ditch from April 1 to November 1 of each year, and Grantee will assume liability for any damage to adjoining property caused by water flow Page 1/3 Temporary Construction Easement 7. Insurance. Grantee shall maintain in full force and effect a valid policy of insurance for the Project in the amount of $600,000 property coverage and $600 ,000 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. Assignment. This Temporary Construction Easement is assignable only with the written permission of the City of Englewood, which permission will not be unreasonably withheld, conditioned, or delayed. In granting the above authorization, 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. (The rest of this page is left blank deliberately.) Page 2/3 Temporary Construction Easement IN WITNESS WHEREOF the parties hereto have executed this Temporary Construction Easement on the date and day first written above. CITY OF ENGLEWOOD Stewart H. Fonda, Director of Utilities ENGLEWOOD WATER AND SEWER BOARD , Chairman The undersigned officer of Grantee has read the foregoing Temporary Construction Easement and agrees for on behalf of said Grantee that it will accept and will abide by all the terms and conditions thereof. GRANTEE: South Suburban Park and Recreation District By £)-_;j Ce~ Name, Title: Address: 6631 South University Boulevard, Centennial, CO 80121-2913 Tel. 303/798-5131 STATE OF COLORADO ) )ss . COUNTY OF ARAPAHOE ) The foregoing Agreement was acknowl~ bef?re me this ~day of ~ ,20~,by ~1'c/ A bre.11'L-as ~1£.K D:-.--c:cto -f of South Suburban Park and Recreation District. Witness my hand and official seal. Notary Public 7 My Commission expires: f/-prt. f / 5,, 2-tJ / () BC/ds Page 3/3 LICENSE-CITY DITCH CROSSING AGREEMENT THIS LICENSE AGREEMENT, made and entered into as of this 2009 by and between the City of Englewood, a municipal corporation of the State of Colorado , herein referred to as "City"; and South Suburban Park and Recreation District, herein referred to as "Licensee." WITNESSETH: The City, without any warranty of its title or interest whatsoever, hereby authorizes Licensee , its successor and/or assigns , to install a 2-inch diameter sleeve with a 1 1/2-inch water line ; and a 6-inch diameter sleeve with a 4-inch water line (referred to herein as "Waterlines") over the City's rights of-way for the City Ditch, described as a parcel of land situated in the South East 1li of Section 9 , Township 5 South, Range 68 West, of the 6th P .M ., County of Arapahoe , State of Colorado. See attached legal description (Exhibit B). The above-described parcel contains 16.5 acres, more or less. 1. Any construction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City; and such construction shall be performed and completed according to the plans, consisting of two sheets , a copy of which is attached hereto (Exhibit A) and made a part hereof. 2 . The Licensee shall notify the City's Director of Utilities at least three (3) days prior to time of commencement of the construction of, or any repairs made to, Licensee's Waterlines , so that the City may, in its discretion, inspect such operations. 3. Within thirty (3) days from the date of commencement of construction of said Waterlines , the Licensee shall complete such construction, place and maintain permanent, visible markers , of a type and at such locations as designated by the City's Director of Utilities , referring to the centerline of the installation; and shall clear the crossing area of al1.·construction debris and restore the area to its previous condition as near as may be reasonable. In the event the installation of the centerline markers and the clearing and restoration of the crossing area is not completed within the time specified, the City may complete the work at the sole expense of the Licensee . 4. The City shall have the right to maintain, install , repair, remove, or relocate the City Ditch or any other of its facilities or installations within the City's rights-of- way , at any time and in such manner as the City deems necessary or convenient. The City reserves the exclusive right to control all easements and installations . In the event the Waterlines should interfere with any future use of the City's rights- of-way by the City, the Licensee shall, upon request and at its sole expense, relocate , rearrange, or remove its installations so as not to interfere with any such use. Page 1/3 License-City Ditch Crossing Agreement 5. Any repair or replacement of any City installation made necessary , in the opinion of the City's Director of Utilities because of the construction of the Waterlines or other appurtenant installation thereof, shall be made at the sole expense of the Licensee. 6 . The stipulation and conditions of this License are to be incorporated into any contract documents with any third party contractors. 7. The rights and privileges granted in this License shall be subject to prior agreements , licenses , and/or grants , recorded or unrecorded, and it shall be the Licensee 's sole responsibility to determine the existence of said documents or conflicting uses or installations. 8. The Licensee shall contact and fully cooperate with the City 's personnel and the construction shall be completed without interference with any lawful, usual, or ordinary flow of water through the City Ditch. Licensee shall assume all risks incident to the possible presence of such waters , or of storm waters , 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 ground line in layers not to exceed 6 inches loose measure to a compaction of ninety percent (90%) Standard Proctor Maximum Density . 10 . As between the City and Licensee, Licensee by acceptance of this License, expressly assumes full and strict liability for any and all damages of every nature to person or property caused by water from the ditch leaking through the ditch banks or pipeline at the point or points where the Licensee performs any work in connection with the crossing provided by this Licensee. The Licensee assumes all responsibility for maintenance of the installation. 11. Licensee shall indemnify and save harmless the City, its officers and employees, against any and all claims, damages , actions, or causes of action, and expenses to which it or they may be subjected by reason of said Waterlines. 12. It is expressly agreed that in case of Licensee's breach of any of the within promises, the City may , at its option, have specific performance thereof, or sue for damages resulting from such breach. 13. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate , but its obligation to indemnify and save harmless the City, its officers and employees, shall not terminate in any event. In granting the above authorization, the City reserve the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under the control of the City. (The rest of this page is left blank deliberately .) Page 2/3 License-City Ditch Crossing Agreement rN 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 , Chairman The undersigned officer of Licensee has read the foregoing License and agrees for on behalf of said Licensee that it will accept and will abide by all the terms and conditions thereof. LICENSEE: South Suburban Park and Recreation District Address: 6631 South University Boulevard, Centennial , CO 80121-2913 Tel. 3031798-5131 ST ATE OF COLORADO ) )ss . COUNTY OF ARAPAHOE ) The foregoing Agreement was acknowledged before me thi~day of ~ ,20£2!1_,by ~t')A Ute/ZZ-as fit:.ct.-l-h:~ ?:? rcch./ of South Suburban Park and Recreation District. I K(;tary Public 7 MyCommissionexpire~rt_( I 5,, ~/ 0 BC/ds Page 3/3 CENTER QUARTER CORNER SECTION 9 T. 5 S., R. 68 W. 3 1/ 4" ALUM. CAP ~ IN RANGE BOX + CDOT PLS ~ 0734 ~I· • , ~1~~ 11 i:z:I C\l i:t: i i:t: ~ "' 1 111~~ 1I ~"lo~ ~ OC/l ·~ ::r.: o~ ·1· E--o-~ :z I ~ I I ): </; ' \ : \ ~1 HEADWALL ?.: I 0 I 8 1 E-- ~I CITY Ul I DITCH _ _.!...H-i\~ ~ 42 .. X60 .. I t ELLIP. I <I RCP g1 I ~I / :::i OI Ul i:z:ll ~I ~I I BENCHMARK ELEVATION= 5366.72' P .O.C. SOUTH QUARTER CORNER SECTION 9 T . 5 S ., R. 68 W. 3 1/4-" ALUM . CAP IN RANGE BOX PLS 22571 1992 SSPRD CROSSING BORE UNDER DITCH s 05°43'50 " w 873 .5 1' TIE TO 2" PVC SLEEVE (1) 2" DIA. SLEEVE P .O.B. 0+00 6 " DIA. SLEEVE P.O.B. o+oo s 05°36 '49" w 869 .12' TIE TO 6 " PVC SLEEVE Ll -N 45°00 1 00" W 26.18' 12 -N 43°56'56" W 26.33' SITE BENCHMARK TOP CONCRETE END WINGWALL ELEVATION=5361.91 ' 0 15 30 ~ SCALE: 1"=30.00' SOUTHEAST QUARTER SECTION 9 T. 5 S., R. 68 W. CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO EXHIBIT A SHEET 1 OF 2 @.lNeSTeRn srares SURWYlllG, Inc. NOTE : THIS DOES NOT REPRESENT OWNER: SSPRD A MONUMENTED SURVEY. IT IS 12753 SOIJTH PARKER ROAO, SIJITE 205 PARKER, CO 80134-3486 (303) 841-7436 INTENDED ONLY TO DEPJCT THE ATTACHED DESCRIPTION . SOUTH SUBURBAN PARKS AND RECREATION DISTRICT S•\09137129p01 \Drowlngs\Corn•rston• Exhibl t :dwg Aug 17, 2009 • 3•16pM CALC: AVV DATE: 08 17 09 DRWN: AVV COMMIT. NO . JOB NO. 09137-129.1 DWG. NAME: Water Tap SHEET 1 OF 2 ' (J1 w (J1 0 ~--....,_. __ --t---- I I _ lo I ~ 'Tj '1 I I I I ) 0+25 0+20 APPARENT NORTHERLY R. 0. W. LINE CITY DITCH CENTERLINE CITY DITCH ---j .-< b -1------.----.__ _ __,_ __ .,___..._..._ __ -+---~I t::t ~ 0+10 - CJ1 (J1 w w I ~ t:: I oz I ::r:: trj I I I I 0+05 r--..., "\ ' \ \ \ \ CJ1 w \ \ r-- CJ1 CJ APPARENT SOUTHERLY O+OO R.O .W. LINE CITY DITCH SOUTHEAST QUARTER SECTION 9 01 T. 5 S., R. 68 W. ~ CJ1 CJ1 m CJ1 0 CJ1 0 w CITY OF £NGL£WOOD, .__ _ ___._ __ .__ _ ___._ __ ..___~ __ ..___-'-" __ ..___~~ ARAPAHO£ COUNTY, COLORADO CONTINUATION OF EXHIBIT A SHEET 2 OF 2 ©weSTeRn srares SURVe'YlllG, Inc. NO TE: TH IS DOES NOT REPRESENT OWNER: SSPRD A MONUMENTED SURVEY. IT IS f275 J SOUTH PARKER ROAD. SUITE 205 PARKER, CO 8 0fJ4-J486 (JOJ) 841 -7436 IN TENDED ONLY TO DEPICT THE ATTACHED DESCR IPTION. SOUTH SUBURBAN PARKS AND RECREATION DISTRICT I S•\0913 7129p 01\Drowlng s \Cor nerstone E>hlblt.dwg Aug 17, 2009 -3•31p M CALC: AVV I DATE: 08/17/09 DRWN: AVV I COMMIT. NO . JOB NO. 09137-129.1 I DWG. NAME: Water Tap I SHEET 2 OF 2 AT/.3 BROWN DITCH LICENSE AGREEMENT THIS LICENSE AGREEMENT is entered into as ofthe _2_°:/_ day of /fvQ,.sr;- 20Qf_, by and between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado , herein referred to as "EnF;lewood", and MA 'R k P. ~k'---'~"--=-' 1t-'--l<'--'JZ~------- owners of: Arapahoe County, State of Colorado, whose address isc21 6'&@</tdtrL~ llf, LLzt/.07/,J referred to as "Licensee". WITNESS ETH , Colorado, herein WHEREAS , Englewood, without any warranty of its title or interest whatsoever, hereby authorizes /?181fA:. ,/? /</~ O to maintain the surface of a parcel ofland in Englewood 's right-of-way for the Brown Ditch to include vegetation and trees , more specifically described in Exhibit A attached hereto ; and WHEREAS , ~<: ./? /</n4??<0 shall conduct periodic inspections of the right-of-way and shall maintain fue surface in natural vegetation and shall not install nor allow the installation of any structures, above or below the surface of the right-of- way; and WHEREAS , the parties agree that Englewood has the right to maintain, install, repair, remove or relocate Brown Ditch at any time it deems necessary or convenient and controls exclusive right to control all licenses , easements and installations in or upon said right-of-way which may include removal of all vegetation including trees; and WHEREAS, all;mrface area infill and maintenance shall be maintained by ../?;/kf/( A /<//V??z!1) in a safe condition, and "/7JA8K r1. k/A4Jl!.:) shall assume all liability for drui'lage;to the publi~ as a result of its maintenance pursuant to this License. THEREFORE, Englewood hereby grants a License to temporarily maintain natural vegetation in Brown Ditch in the areas noted on Exhibit A of the License Agreement. Licensee waives any right or claims for damage to the surface of Brown Ditch by Englewood on its use of its right-of-way, either for maintenance, piping or reopening of Brown Ditch. LICENSEE: ~e /? /(/,a?rte,) > ) STATE OF COLORADO ) ) COUNTY OF ARAPAHOE ) On this ?t day of ~s. r , 2009 , before me personally appeared ,//J/1'/f ~ ? &~}) , known to me to be the Owner(s) that executed the ~ithin and foregoing instrument and acknowledged that this was executed as their free and voluntary act and deed for the uses and purposes therein stated , and on oath, stated that he (they) was (were) authorized to execute said instrument. LICENSOR CITY OF ENGLEWOOD APPROVED : Stewart Fonda, Director of Utilities CITY OF ENGLEWOOD , acting by its Water and Sewer Board Chairman -+- .i I -t-il11 H I ATT. ¥ BERG HILL GREENLEAF & RUSCITTI LLP ATTORNEYS & COUNSELORS AT LAW David G . Hill Partner Daniel L. Brotzman, Esq . City of Englewood 1000 Englewood Parkway Englewood, CO 80110-0110 Re : July Invoice Dear Dan: 1712 Pearl Street • Boulder, Colorado 80302 Tel: 303.402.1600 • Fax: 303.402.1601 bhgrlaw.com August 6, 2009 dgh@ bhgrlaw.com Enclosed please find our invoices for professional services on water matters for July 1, 2009, through July 31 , 2009, in the amount of$40,898.26, with a total for the year of$275,241.63. The amount for this billing cycle on major cases is listed below: I Name I Amount I No. I Milliken, et al. (02CW339 & 05CW059) 1,810.50 660 CCWCD (05CW069) Platteville Ditch Change 1,460.50 661 FRICO 1999 Agreement Appeal (09SAS75) 7,581.40 712 Chatfield Reservoir Reallocation Project 20,086.64 720 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. The largest July bill was for our efforts in connection with the ever-increasing gate closures at Chatfield Reservoir. When the outlet gate is closed, hardness soars in Englewood's river water Daniel L. Brotzman August 6, 2009 Page2 supply, which sometimes becomes unusable without dilution from Englewood's scarce dilution supplies. Denver has built two pump stations to take water from the reservoir or just above the reservoir and seeks still another pump station, which are intended to enable Denver to keep the gate closed. And Denver has paid for enlargement of the Fulton Ditch diversion structure, near Brighton, to carry water to Denver's new gravel pit reservoirs. Water from those new reservoirs will be released to the river to satisfy calling rights which are below the reservoir outlets; as a result, Denver, by exchange, will capture equivalent inflows into Chatfield by keeping the Chatfield gates closed. The Clean Water Act required Denver to obtain 404 permits and environmental review of its pump stations and the Fulton Ditch enlargement. Denver failed to do so. The Corps of Engineers, which is in charge of 404 permits, was shockingly lenient in allowing Denver's actions without 404 permits, in clear violation of the statute and the Corp' s own regulations . As a result, under the case law, the Corps of Engineers should now require Denver to obtain after-the -fact 404 permits and perform an environmental review, which should be combined with the environmental review underway for the enlarged storage in Chatfield Reservoir. A large part of our efforts went to obtaining information from the Corps of Engineers. The Corps was very reluctant to give us information, and dribbled it out very slowly. Only two days ago we were still receiving damaging information from the Corps which was quite belated. It appears the Corps is very nervous about our inquiries, and probably realizes there were major unwarranted concessions to Denver. In addition to pressuring the Corps for complete disclosure and analyzing the documents we received, we performed some legal research. Then we prepared a lengthy letter to Denver, pointing out the errors with legal citations, with numerous attached documents. The letter points out the deficiency in obtaining 404 permits, suggests a resolution to the problem by the release of water from Chatfield down City Ditch to Englewood when hardness is high, and requests a meeting. It points out that absent some such settlement with Denver, we may have to bring the 404 permit deficiencies to the Corps, the EPA, and other interested parties. The letter went out August 4, and we have not yet received a response. The next large bill was work on the opening brief on the appeal of the Judge's ruling on the 1999 Agreement in the FRJCO trial. The brief was originally due August 10, and we have asked for an extension to August 31 because of the work load of our appellate specialist, Heidi Potter. We expect to finish the opening brief in August, of course. There is a considerable list of modest bills which add up to a serious total. In general, those bills arise because a large number of the senior ditches near Brighton and below are being changed from agricultural to municipal, or to well augmentation. The ditches are senior to many of Daniel L. Brotzman August 6, 2009 Page 3 Englewood 's key rights, and it is important that we constrain the new uses to the amount lawfully diverted for agriculture. Thus far no one case appears unlikely to settle and go to trial; but each one has involved some "over reaches" and consequent negotiations to eliminate them. These efforts are likely to continue for some time. Some six to ten ditch rights are currently involved. A detailed list can be provided on request. 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, reviewing 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. 2. McDonald (87CW321) (#147): This case involves anapplicationfordirectflowand storage rights on unnamed tributaries of Plum Creek. Englewood's interest is to monitor the case to see that administration of very junior rights is proper. We reviewed motion to dismiss some of the consolidated cases and discussed same with opposing counsel and our water engineers. 3. Colorado Springs and Aurora (95CW272) (#357): These cities seek a conditional water storage right in the amount of 30,000 acre-feet from Homestake Creek; a conditional water storage right for aquifer storage in the amount of 90,000 acre-feet in the Camp Hale area; a conditional water right for an underground aquifer called the Eagle Park aquifer; and other diversion rights and storage rights. They also seek to augment the out-of-priority depletions caused by the pumping of their well fields. Englewood entered this case because of the magnitude of the appropriations and to monitor the augmentation plan. We reviewed notice of substitution of counsel for Minturn . 4. Park County Sportsmen's Ranch (96CW014) (#364): The current billing is for review of correspondence regarding collection of the judgment for costs, pleadings regarding release of Ken Burke's supersedeas bond and pleadings regarding setting of Judge's status conference. We will soon know if the Applicant can pay any of the costs. Opposers to this long-ago application are conducting litigation which seeks to recover expert witness fees and other costs from the applicants, who lost "big time." Englewood long-ago opted out of that effort, as being an attempt to "get blood from a turnip." Unfortunately, counsel for the defendant/applicants sought our bills to Englewood and other correspondence relating to an aspect of the ongoing collection litigation. The information sought might have been covered by a confidentiality agreement among various opposers which apparently was entered into years ago. Before providing any information to the defendants (or Daniel L. Brotzman August 6, 2009 Page 4 objecting) we needed to go to court to be sure we were not violating the long-ago confidentiality agreement. We hope the issue has been resolved without disclosure of our information. We discussed status of motion to quash and orders received from the Court. 5. Aurora (98CW458) (#447): Applicant seeks a fully consumable 20 cfs priority for Englewood's use as a result of the settlement of Thornton's and Westminster 's Standley Lake change cases. This will be diverted as many locations between Union A venue and High Line Canal. Englewood entered this case to ensure that the Standley Lake settlement remains intact. We discussed settlement with Applicant 's counsel. 6. Brighton (99CW142) (#457): This case involves water rights for all municipal purposes from seven tributary wells in the South Platte alluvium . Englewood entered this case to be sure that depletions from the wells are adequately replaced . We reviewed notice of Referee status conference. 7. Westminster (OOCW262) (#490): Applicant seeks a change to FRICO shares and several exchanges. Englewood seeks special language within the decree to maintain historic return flows which may be affected by the change . We reviewed and discussed correspondence and pleadings regarding corrections to final decree. 8. Westminster (OOCW263) (#491): Applicant seeks to change rights in the Farmers High Line Canal and Church Ditch (also known as Golden City and Ralston Creek Ditch) to municipal use and to exchange other rights . Englewood entered this case to prevent injury to Englewood's rights above Fulton Ditch. We reviewed pleadings regarding settlement with Arvada and Consolidated Mutual Water Company. 9. Joule, Inc. (2000CW259) ( 495): Applicant seeks to change irrigation ditch and well rights which are diverted from a tributary of Plum Creek upstream from Union A venue Intake . Englewood is monitoring this case to make sure rights are limited to historical use and properly administered. We reviewed and discussed proposed decree. 10 . South Adams Water and Sanitation District (01 CW258) (#500): This application is for a major augmentation plan. Englewood entered this case to be sure out-of-priority depletions are replaced. We reviewed pleadings regarding a renewal request for a substitute water supply plan and regarding settlement with ECCV, Adams County Board of Commissioners and Public Service. 11 . City Ditch Augmentation Plan (02CW078) (#501): This matter concerns Englewood's application for an augmentation plan for City Ditch. We exchanged correspondence with counsel for Thornton. Cathy Burrage From: Stu Fonda Sent: Monday, August 10, 2009 9:21 AM To: Cathy Burrage Subject: FW: State Inspection From: Bill McCormick Sent: Friday, August 07, 2009 3:48 PM To: #WaterPlant Cc: Stu Fonda Subject: State Inspection Arr. s Page 1of1 The Sanitary Inspection by the CDPHE went very well. He was very thorough, checked Mclellan P .S ., Mclellan Res and tunnel, Overhead Storages, Sherman Tank, Union Ave intake, P .S. and carbon feed, Zuni Tank, Allen plant records and processes, the lab and even went out to get a bac't sample in the system . Every area was in excellent shape and he was impressed with the whole system . He even liked our capital project budgets list for the next 5 years as well as the 5 year cash flows . Any way thanks to all who helped out. It takes more than 2 days to get our systems in shape and the records organized. Great job guys! 8/10/2009 September 8, 2009 American Council of Engineering Companies 1015 15th Street, N.W. Washington, D.C., 20005-2605 Distinguished Judges: ~TT. ' Since 1986 Brown and Caldwell (BC) has provided planning, design, construction management, and other services for the Littleton/Englewood (LIE) wastewater treatment facility. Most recently BC completed design and construction services for a $114 million project that was needed to handle increased flows as well as addressing significant new regulatory requirements. Capacity was increased from 36 to 50 million gallons per day. To address the new regulatory requirements, a new denitrification process and chlorine contact tanks were designed and constructed. BC and the L/E staff collaborated closely throughout this eight year project. This resulted in the design and construction of one of the most advanced treatment facilities in the nation. The team completed the highly complex project on time and under budget and met the State's compliance schedule and regulatory requirements. In addition, the team developed innovative designs which led to millions of dollars in cost savings and has prepared the facility for future regulatory requirements and growth. For example, the new $25 million denitrification process was so unique and beneficial that the equipment manufacturer (Severn Trent) used the team's idea to patent a new process called "Tetraflex." Tetraflex will be used for future Severn Trent installations. The innovative process design was the first of its kind to simultaneously denitrify (remove nitrate) and filter the water (tertiary filtration) within the process train. Other innovations, such as recycling waste flows back through the plant, have helped saved the plant thousands of dollars in monthly operating costs by minimizing chemical addition. The recycling also provides additional odor control for only the cost of pumping. The team of engineers and operators upgraded every process area and either modified or added new equipment to increase capacity and improve effluent quality. Additionally, a truly "state-of-the-art" automated diagnostic and operating control system was installed as part ofthis project. The construction phase of the project was equally successful for LIE and BC. Over a four-year time period, there were no permit violations while new construction occurred and plant operations were maintained even though there were extremely complex and difficult construction circumstances to overcome. It is impressive to note that there were no significant construction clairµs . This was due to the very tight inspection and construction management procedures followed by BC and LIE staff. Since change orders were below projections, $1.6 million in additional capital improvements were constructed. These improvements would have cost much more to build later under a separate contract. In addition to incorporating our requested changes, BC still brought the project in at $1.5 million under budget and on schedule (three months ahead of new nitrate regulations). This project and its innovations have provided the LIE Wastewater Treatment Plant with the facilities needed to meet future regulatory requirements. Serving a population of 300,000, the plant is one of the most advanced facilities in the state and the nation. It produces an exceptionally high quality effluent as a result ofthis project. Brown and Caldwell should be commended for their efforts and results in this project. Sincerely, 'uY~~~~- Stewart Fonda Director of Utilities OFF ICIAL ENTRY FORM Furnish all information requested below for each entry (both signatures are required). Firm, project, and client/owner's name should be typed or printed as they are to appear on the award. Please limit the project name to 45 characters . A fee of $975 per entry for ACEC members ($3,000 for non -ACEC members) must be attached to the copy of this form included in the Official Entry Notebook. An elec- tronic version of this form can be found at: www.acec.org. Make checks payable to: American Council of Engineering Companies. ABOUT TH E PROJ ECT Project Name Littleton/Englewood Wastewater Treatment Plant -Phase 2 (limit to 45 characters) Judge this entry in the following category (check one): D A . Studies, Research, and D D. Surveying/Mapping Technology D H. Transportation Consulting Engineering Services D E. Environmental D I. Special Projects D B. Building/Technology Systems IB! F. Water and Wastewater D J. Small Projects D C. Structural Systems D G. Water Resources D K. Energy Project Location : City Englewood State ~C~o~lo~ra=d=o~-------- U.S. Congressional Representative's name in district wher e entering firm is located U .S . Representative Ed Perlmutter U .S. Congressional Representative's name in district where project is located U.S. Representative Diana DeGette What state is sponsoring this submission? ~C~o~l~o~ra_d_o~------------------------ (Budgeted and/or actual costs may not apply to some studies in Category A) Completion/Use Dates: Scheduled December 2008 Actual ~D~e=c=e=m~b~e~r =2~0~0=8 _______ _ Category A Costs: Budgeted$ Actual$ -------------- Construction Costs : Total Project Budget$ 114,000,000 Total Project Actual$ 112 .500.000 Entrant 's portion of Total Project Budget $18,500,000 Entrant's portion of Total Project Actual$ 18,500,000 D Check box if project was awarded through QBS process . ABOUT TH E FI RM(SJ SUBMITTING THE PROJECT Entering Firm(s) Brown and Caldwell Firm CEO Craig Goehring PE Firm Represent ative Kirk Petrik, P.E. (Project Manager) Must be available by phone on Wednesday, January 20, 2010 Address (no P.O . Box) 1697 Cole Boulevard. Suite 200 City Golden State CO Zip 80401 Phone C.3..0.3.J 239-5450 Cell C.3..0.3.J 909-6874 Fax (..3..Q3_) _23~9~-~54~5~4~---- E-mail KPetrik@brwncald com I hereby authorize submission of this project into the American Council of Engineering Companies' 2010 Engineering Excellence Awards competition. Senior Executive/Principal Mary Gearhart. P.E. : Title Sr. Vice President Signature------------------------Date_S~e~p~t~. ~8~, _2_0_0_9 ______ _ Address (no P.O . Box) 1697 Cole Bo11levard , S• •ite 200 City Golden Phone (3.Q.3__) _.2...,3._..9__,-5""'4.,,.5ci...Z ____________ Fax (..3.0.3.._) 239-5454 E-mail MGearhart@brwncald.com ABOUT THE CLIE NT /OW NER(S J OF THE PROJECT Client/Owner(s) Littleton/Englewood Wastewater Treatment Plant State co Zip .80A01 I currently believe the work of the engineer meets the intended uses and expectations for the project and hereby grant pennission to enter this project in the ACEC 2010 Engineering Excellence Awards ccmipetition, and autlwrke publication of its outstanding features, unique aspects, or inllOll<Itions. I confirm that the project was substantially ccmipleted and ready for use between November 1, 2007 and October 31, 2009. Client/Owner Representative ,,_S..,te..,wu...aLJ.JrtuEwo .... n"'d ... a.._ _____ __,.,. ___ __,,..._-d-.,.+-_.,...4----J_'J---11-~---------- Title Director of lJtjljtjes Signature 'STWJtiU fit--.~ Date Sept 8, 2009 Address (no P.O. Box) 2900 South Platte River Drive City Englewood State CO Zip .8.Q.110 Phone (303 ) ...._7=62=--=26=0=0;__ __________ Fax ( 303) 762-2620 E-mail sfonda@englewoodgov.org Denver residents clash with city over spike in water bills -The Denver Post Page 1of5 ATT .. 7 denverRost.com · 11IE DENVERPosr business Denver residents clash with city over spike in water bills By David Migoya The Denver Post Posted: 08/09/2009 01 :00 :00 AM MDT Barry Bentley checks a meter at Harrison and Exposition in Denver . (John Leyba I The Denver Post) Advertisement Brian Motykowski waters in front of his condo in Denver. Motykowski is one owner of a five -unit Victorian condo complex. (Hyoung Chang I The Denver Post ) ' The sun bakes, the pavement sizzles, the lips parch. It's the time of year that not only conjures up cooling visions of ice cream and pools, but also creates a growing, almost insatiable thirst in the largest plant most homeowners have : the lawn . And the complaints will inevitably start in a month or two from those same homeowners, flabbergasted by water bills that are seemingly out of whack with reality . A controversy over water usage has fermented the past two years , with some Denver residents in and around the Country Club neighborhood scratching their heads over one-time spikes in water bills they say are outright wrong. Real estate broker Sonja Leonard Leonard leads the charge of the most vocal critics of a water Print Powered By ( fj ! FormatDynarnicD http://www.denverpost.com/businessheadlines/ci_ 13020411 ?source=email 8/11/2009 Denver residents clash with city over spike in water bills -The Denver Post Page 2of5 denverRost.com 11IE DENVERPosr billing system she says has taken her and others hostage . "Too many people say they have seen a water spike, with a $60 bill that goes way, way up ," said Leonard , who's taken her case to the Denver Water Board and insists her bills are inaccurate. In her case, bills topped $1,000, with usage of as much as 173,000 gallons in a two-month summer period . Denver Water now issues monthly bills . "It has to be a computer glitch," she said of the previous bills, which she has paid . "A big, wrong glitch." The issue kicked in during the summer of 2007, when temperatures cooked and mandated water restrictions prevailed . Dozens of homeowners found themselves staring at water bills that dwarfed previous ones, some running into the thousands of dollars. Denver defends billing The Denver Water Department sees it differently, explaining the bills aren't wrong, that many people just don't realize how much water they place on those thirsty lawns and, unchecked, water use can run away on them. One homeowner, for instance, insisted his three-day-a-week watering schedule was insufficient to create the large bill he was staring at. He left out that he waters four times on each of those three days. Advertisement "People say to us they have never used that much water before and the truth is that they've not paid that much for water before," said Marie Bassett, public affairs director at Denver Water. "Unless it's a proven leak, they've used the water." The agency also says other factors can contribute, such as faulty water meter-reading equipment that, when it finally corrects itself after months of underreporting a customer's use, can appear to indicate unusually high water use . "We really want to be good neighbors to everyone, but the fact is people don't realize how much water they actually use," water department spokeswoman Stacy Chesney said. The department is restricted by law from discussing a specific customer's billing or water use . In some cases, the size of a water bill diverges by thousands of gallons from a homeowner's average usage for the same period the year before, according to interviews. That happened to Margaret Weiland, a senior citizen who knows the value of water -she used to carry it home when she was growing up. "I water my lawn perhaps twice a season," the Virginia Village neighborhood resident said . "I'm quite careful about the water I use. I would be the poster child of water conservation ." Yet , there it was. A water bill in August 2008 for Print Powered By ~ormat Dynamici'J http://www.denverpost.com/businessheadlines/ ci _ 13 020411 ?source=email 8/11/2009 Denver residents clash with city ov er spike in water bills -The Denver Post Page 3of5 denver~ost.com 11IE DENVERPos:r the two previous months showing 112 ,000 gallons of use when she averaged 27 ,000 for the same period a year earlier. The tab : $800. The water department bills on several tiers. As water use rises, the pricing structure changes every 10,000 or 20,000 gallons, depending on the tier. The highest price for a Denver customer - $7.64 for every 1,000 gallons -kicks in after the first 40,000 gallons . Bills can explode quickly from there. The water department's computer system is designed to flag officials if any customer's use is higher -or lower -than the ir average previous use , Chesney said . This way, water employees can check to see if there's something wrong with the meter system when consumption is low or, as was the case with Weiland , when it's too high . Too much water use could mean gluttony or a leak. Too little use is either a misreading of the meter or a vacant, unused house. "An employee goes out to check the meter and the customer address," Chesney explained about the process. "If the meter is reading properly, then it could be other things such as a water leak." Leak leads to credit With Weiland, it was a sprinkler leak, discovered after the October 2008 bill when she applied for and received a credit adjustment for an outside Advertisement leak. The agency allows consumers to obtain one leak adjustment with documentation every five years . Her bill was reduced by $315, she said . Nonplused, Weiland said she's still unconvinced. "I can't figure how they get the figures they do," she said . Leaks can be difficult to detect , especially those in a sprinkler line. Underground , sandy soil can pull water away quickly and overnight watering can go undetected . Worse are sprinkler leaks that go unnoticed until a bill arrives in October -and remain hidden as homeowners have sprinkler lines blown out for the winter. Audits can't catch the problem again until spring, water officials said . Another culprit, as has happened in several cases, is the electronic transmitter attached to the water meter. When it malfunctions, it can cause huge spikes in a water bill, leaving customers thinking a car wash suddenly took up in their driveway . Known as an ERT, for encoder receiver transmitter, it is a mushroom-shaped contraption that lets meter readers avoid stopping at each of thousands of addresses the department services. When operating properly, the ERT sends a signal with the precise reading from the water meter to a hand-held device that records the amount later Print Powered By 0 ~l Format Dyna m ic s '") http ://www.denverpost.com/businessheadlines/ci _ 13020411 ?source=email 8/11/2009 Denver residents clash with city over spike in water bills -The Denver Post Page 4of5 denverRost.com 'Il-lE DENVERPosr shown on a customer's bill. When malfunctioning , it can read a meter sometimes, every once in a while, or never. And in all cases , the value it reads is lower than what the meter actually shows, water department employees say . That means sooner or later, when the ERT works again -or when the department discove rs the problem -a new bill shows up with a large jump in usage , leaving consumers thinking they left the toilet running or a spigot undone. If a malfunctioning ERT suddenly picks up a large reading , the entire amount will appear on a customer's bill. Though the water was used over many months and would likely have been billed at the lower rates, a large-volume billing can suddenly be disproportionately high. David Migoya : 303-954-1506 or dmigoya@denverpost.com Here are a few tips on conserving water and how to handle a spike in a Denver water bill. •Water lawns only as necessary. Many websites offer tips to figure out a watering schedule . •Turn off unused hoses. Leaks can spring up at any time. •Replace all hose gaskets yearly, especially hoses left outside over the winter. Advertisement •Check sprinkler control panels regularly to ensure they are watering at proper times. •Power outages often reset sprinkler boxes to a default. Make sure yours has a back-up battery. QUESTIONING YOUR BILL •Call the water department about unusual water-use spikes and ask for an audit. •Ask if the encoder receiver transmitter, known as an ERT, is at issue and, if so, that bills be based on average use , not lump-sum amounts . •You can protest a decision and demand a hearing . Be sure to have documentation. •If an outside leak is the culprit, ask for a leak adjustment. You can get one every five years . Inside leaks are not eligible . •Ask to see the actual meter and match the reading with your bi ll. At issue 100 block of S . Emerson Street Issue: Five-unit conversion condo building went from 63,000 -gallon average summer use to 117,000 gallons . Water bill is shared among condo owners via an HOA. What Motykowski says: "We have no lawn and ridiculous bills . We just can't figure out how it's happening ." Prin t Powered By ( i I Fc2:_rmat D y n am[£§J http://www.denverpost.comlbusinessheadlines/ci _ 13020411 ?source =email 8/11/2009