HomeMy WebLinkAbout2009-10-13 WSB AGENDAWATER& SEWER BOARD
AGENDA
Tuesday, October 13, 2009
5:00 P.M.
LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT
2900 S. PLATTE RIVER DR.
1. MINUTES OF THE SEPTEMBER 8, 2009 MEETING. (ATT. 1)
2. CHERRY HILLS HEIGHTS WATER & SAN. DISTRICT WASTEWATER
CONNECTOR'S AGREEMENT . (ATT . 2)
3. TEMPORARY LICENSE AGREEEMENT FOR REMOVAL OF AT & T
ANTENNAE. (ATT . 3)
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4. REQUEST FOR ADVERTISING ON SHERMAN TANK BY GROOVE
TOYOTA. (ATT. 4)
5. WATER RIGHTS UPDATE FROM DAVID HILL DATED SEPT. 4, 2009 .
(ATT. 5)
6. TOUR OF LITTLETON/ENGLEWOOD WASTEWATER TREATMENT
PLANT. (ATT. 6)
7. OTHER.
WATER AND SEWER BOARD
MINUTES
September 8, 2009
The meeting was called to ord er at 5:05 p.m.
Members present:
Members absent:
Also present:
Bums, Moore, Cassidy, Wiggins,
Woodward, Oakley, Clark
Higday, Habenicht
Stewart Fonda, Director of Utilities
Bill McCormick, Operations Supt. -
Utilities
A Ti o I
1. MINUTES OF THE JULY 14 , 2009 MEETING AND PHONE VOTE OF AUG.
11, 2009.
The Englewood Water and Sewer Board received a copy of the minutes of the July 14,
2009 meeting and the phone vote of August 11, 2009 approving the minutes of that ,,
meeting. "
2. CITY DITCH LICENSE AGREEMENT AND CONSTRUCTION EASEMENT
FOR SOUTH SUBURBAN PARKS & RECREATION.
The South Suburban Parks and Recreations District submitted a license agreement and
temporary construction easement to cross the City Ditch 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 Yz''
tap will provide potable water for the restrooms . The taps have been purchased from
Englewood. 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.
The City reserves the right to make full use of the property necessary in the operation of
the City Ditch pipe or any other of its facilities or installation within the City's right-of-
way.
Mr. Wiggins moved;
Mr. Woodward seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To recommend Council approval of the City
Ditch License Agreement and Construction
Easement from South Suburban Parks &
Recreation for two water lines crossing the
City Ditch.
Bums, Clark, Moore, Cassidy, Wiggins,
Woodward, Oakley
None
Higday, Habenicht
3. BROWN DITCH LICENSE AGREEMENT FOR 27 BROOKHAVEN TRAIL.
Mr. Mark Kinard submitted a Brown Ditch License Agreement to maintain a section of
the Brown Ditch right-of-way containing vegetation and trees on a temporary basis.
Englewood has the right to maintaiE., install, repair, remove or relocate the Brown Ditch
at any time deemed necessary and lliay remove any or all vegetation and trees.
Mr. Woodward moved;
Mr. Moore seconded:
Ayes:
Nays:
Members absent:
To recommend approval of the Brown Ditch
License Agreement for 27 Brookhaven Trail
to maintain vegetation and trees in
Englewood's Brown Ditch right-of-way.
Bums, Clark, Moore, Cassidy, Wiggins,
Woodward, Oakley
None
Higday, Habenicht
Motion carried.
4 . WATER RIGHTS UPDATE DATED JUNE 5, 2009 FROM DA YID HILL.
The Board received from David Hill , Englewood's Water Attorney, a water rights update
dated August 6 , 2009. Stu di scussed developments in water litigation cases in which
Englewood is involved.
5. STATE SANITARY INSPECTION OF THE ALLEN WATER TREATMENT
PLANT.
The Board received a memo from Bill McCormick, Operations Superintendent of the
Allen Water Treatment Plant, noting that the inspection by the Colorado Department of
Health went very well. Bill expressed his thanks to the Utilities crews for their efforts in
making the inspection a success . The State inspector checked the McLellan pump station,
reservoir and tunnel, the overhead storage tanks, the Sherman Tank, the Union A venue
intake, pump station and carbon feed , the Zuni Tank and the Allen Plant and lab .
6. RECOMMENDATION FOR AMERICAN COUNCIL OF ENGINEERING
COMPANIES AW ARD ENTRY FOR BROWN & CALDWELL.
The Board received a copy of Stu 's letter of recommendation and entry form for the
American Council of Engineering ~ompanies Award for Brown & Caldwell 's planning,
design and construction of the $11 ~ million Littleton/Englewood Wastewater Treatment
Facility Project.
7 . THE DENVER POST ARTICLE, "DENVER RESIDENTS CLASH WITH CITY
OVER SPIKE IN WATER BILLS ," DATED AUGUST 11 , 2009.
The Board received a copy of a Denver Post article that discusses the controversy Denver
resident's have over the spikes in water bills. Denver maintains that people don't realize
how much water they use and sometimes when faulty meters are replaced, it corrects
readings that have been under-reported. In the case of a leak, Denver allows consumers
one leak adjustment, with documentation, every five years.
·.
The meeting adjourned at 5 :34 p.m.
The next Englewood Water and Sewer Board will be held Tuesday, October 13, 2009 at
5:00 p.m. at the Littleton/Englewood Wastewater Treatment Plant.
Respectfully submitted,
Cathy Burrage
Recording Secretary
COUNCIL COMMUNICATION
Date Agenda Item
December 7, 2009
A TT. 2
Subject
Cherry Hills Heights Water &
Sanitation District
Wastewater Standard
Connector's Agreement
INITIATED BY
Utilities Department
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council approved a standard sanitary sewer connector's agreement in January, 1988.
RECOMMENDED ACTION
At their October 13, 2009 meeting the Englewood Water and Sewer Board recommended
Council approval of the Cherry Hills Heights Water and Sanitation district Wastewater
Connector's Agreement.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The standard connector's agreement provides sanitary sewer service to districts outside of the
Englewood corporate boundaries . The Englewood/Littleton Treatment Plant is able to receive
and treat sewage transmitted by various districts, and the attached agreement addresses this
service with the district that owns and;ma intains the sewer mains .
•ll
In the Cherry Hills Heights Water and Sanitation District there are 23 taps encompassing
approximately 42 acres . Cherry Hills Heights Water and Sanitation District will continue to
own the lines and will be responsible for capital improvements.
The attached map shows the Cherry Hills Heights Water and Sanitation District.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Resolution
Cherry Hills Heights Water and Sanitation District
Map
WASTEWATER
CONNECTOR'S AGREEMENT
For Districts
Sewer Contract No. ___ _
THIS AGREEMENT, made and entered into this day of
---------' 20 __ to be effective as of , 20_; by and
between the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, hereinafter
referred to as "City," acting by and through its duly elected, qualified and authorized Mayor and
City Clerk, and CHERRY HILLS HEIGHTS WATER AND SANITATION DISTRIC'"f, a quasi-
municipal corporation and political subdivision of the State of Colorado, hereinafter ealled
"District," acting by and through its authorized Representative.
WITNESSETH
WHEREAS, the City owns and operates a sewage system, including a sewage treatment plant
which is jointly owned and operated with the City of Littleton, so situated physically as to be
able to receive and treat the sewage from a designated area served by the District and gathered by
the District's sanitary-sewage system; and
WHEREAS, it is the desire of the District to utilize the facilities owned by the City for the
treatment of sewage and the City is willing to sel"Ve the District for treatment of sewage ilnder
certain conditions;
NOW, THEREFORE, IN CONSIDERATION of the promises and for other good and
valuable consideration hereinafter set forth; it is mutually agreed by the parties as follows:
1. The City hereby agrees under the conditions hereinafter set forth, to treat the sewage
originating from the District's sanitary sewer system within the area served by the
District as approved by the;<;ity and as indicated in the description attached hereto,
incorporated herein and m~ked as "Exhibit A."
The District specifically agrees to prevent sewage from any area other than that
described herein, from being dis~harged into the District's sanitary sewage system
connected to the City's trunk line and to prevent connections to the system from or in
any area other than those described herein.
2. In the operation of the District's sanitary sewer system, the District agrees that all
applicable Code provisions and rules and regulations of the City, including amendments
thereto during the term of the contract, shall be the minimum standards for the District's
system. The District further agrees to abide by all applicable state and federal laws,
rules, regulations, or permits, including those of the Enviroiimental Protection Agency
(the EPA) as they become effective or implemented or upon notice from the City. The
District shall inform all users, contractors and subcontractors of such standards, rules and
regulations upon inquiry from such persons, and shall not furnish anyinformation
inconsistent therewith. In this regard, it shall be the responsibility of the District to
obtain the applicable requirements from the appropriate governing body. The City shall
attempt to maintain and provide information on all requirements to the District; however,
the City does not guarantee the accuracy or completeness of government regulations
other than the City's own regulations.
3 . Regarding the provision of sewer service, the City's pemiitting requirements shall be
followed by the District and it s users. All sewer plans , specifications and methods of
work within the District shall be submitted to the City in writing and approved by City
prior to any construction or tap in the District's designated area. No permit shall be final
and no s'ervice shall be provided to property until construction is approved, in writing by
the City.
4 . The District shall be responsible for the proper maintenance of its sewer system and shall
rectify any problems or conditi ons which have been determined by the District.qr City to
be detrimental to City's treatment process or system. Should the City deterrnille that any
discharge enters the sewer system contrary to applicable laws, ordin&nces, statutes, rules,
regulations or permits, the District agrees to proceed at once to take whatever lawful
means may be necessary to rectify any such problem or condition.
5. City shall have the right to allocate service under this Contract, and City may deny
additional service for any utility-related reason, but in no event will City terminate or
refuse any service w.ithout cause. City shall have the right to disconnect service to any
area annexed to the District when such annexation takes place without prior written City
approval.
Within one year of this agreement, the District shall provide City with an estimate of the
number of equivalent service taps needed for the next five (5) years under clirrent zoning
and planned build out in the District's:area as shown on EXhibit A. The District shall
monitor zoning changes within it s area to estimate its tap requirements and provide City
with notice of tap requirement forthe next five (5) year period of time in a form
satisfactory to the City. Notice of these requirements shall be given City on each
anniversary date ofthis Agreement.
6 . City may impose and colleq5{easonable fees, tolls and charges, which shall be uniform
as to all outside-City users for the services provided by the City under this Connector's
Agreement.
City shall bill the District users cfu,-~ctly for all applicable City charges for services
rendered under this Agreement. Should any user not pay City, City shall bill the District
and the District shall pay the amount due to City within forty-five ( 45) days of such
billing. These charges are subject to adjustment by the City from time to time. When
such adjustment to these charges are made, City shall give the District forty-five (45)
days advance written notice.
7. Subject to the terms of the Taxpayer's Bill of Rights (TABOR), the term of this
Agreement is for a period of three (3) years from the date of execution and automatically
renewed.for six (6) subsequent three (3) year periods unless either party gives a
minimum of six ( 6) months written notice, during which time the District agrees that all
effluent produced from taps within the District shall not be in violation of any federal,
state or City laws, rules or regulations, or any other applicable governmental regulations
or the permits under which the City operates its sewage treatment system. City agrees,
during the term hereof, to treat said effluent and to maintain adequate facilities for
treating the same .
.....
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8. The District agrees that it will maintain, at its own expense, all lines now owned and
operated by the District, it being specifically agreed that City assumes no responsibility
should any of the District's lines become clogged, damaged, or require maintenance.
The District shall, if it deems necessary, notify its users of the District's procedure to
remedy service disruption.
9 . The City is providing only sewage treatment service and, pursuant thereto, permits
incidental to the use of the City's sewage lines shall be governed only by this individual
Contract with the District and the City does not; by this Contract, offer treatm~nt service
except in strict accordance with the terms hereof. This Contrad does not offer; and shall
not be construed as offering, sewage treatment service to the public generally or to any
area outside the limits of the
District's service area described in Exhibit A.
10 . This Contract may not be assigned, sold or transferred by the District without the City's
written consent.
11. Should any federal law, rule, permit or regulation or should a decree or order of a court
render void or unenforceable any provision of this Contract, in whole or in part, the
remainder shall remain in full force and effect. ·
12. The District shall enforce this Agreement and each of its terms and conditions within the
area described in "Exhibit A." The District shall refuse to serve a user or potential user;
disconnect the service of any user pursuant to appropriate law; or take other appropriate
action in the event of:
a. Nonpayment of such user of any charge made by City for services;
b. Any violation or n01:~99mpliance by such user with the terms of this Agreement;
1 11 .
c. Violation or noncompliance by such user with the applicable laws, rules, permits
or regulations of the City, the United State.s government, including the EPA, the
State of Colorado, includll;tg the Department of Health, or other law, rule, permit or
applicable regulation. · ·
13. Continued breach of this Agreement by the District and/or its users shall be considered
cause for the City to terminate this Agreement. Should the District fail to promptly
rectify a breach of any provisions identified herein, after notice thereof, City may take
such steps and do such work as it deems necessary to enforce this Agreement, including
litigation and specifically a right to injunction or specific performance against the
District or any of its users as is necessary to protect the City's system and operations.
The prevailing party shall be entitled to expenses and costs cif suit, including attorney
fees .
14. Should more than one district be connected to a sewer line, all districts on the sewer line
who are in breach of this Agreement shall be jointly and severally liable for any such
breach of this Agreement and each such district shall immediately, after notice, rectify
any problem or condjtion detrimental to the treatment process arising within its legal
3
boundaries . When more than one district is connected to a sewer line, and the City
discovers any violation of the terms of this connector's agreement; the City shall not be
required to prove which district is at fault but shall make available to all such affected
districts all information developed or accumulated by City pertaining to such breach.
Nothing contained herein shall preclude a claim for illdemnity or contribution by any
District against another District connected to a common sewer line. CRS-13-21-11.5
shall govern the percentage of liability of any district on a common sewer line in the
event the City seeks to impose liability based upon negligence or fault.
15. This Contract shall not be used as a legal defense or prohibition to the mandatory
consolidation of facilities by either party as may be required by the laws of the State of
Colorado of all existing sewer collection systems and facilities to a government.al entity
created to assume responsibility for sewer service in the area in which both C1ty ·and
State are a part under statutory or constitutional authority.
CITY OF ENGLEWOOD, COLORADO
Jam.es K. Woodward, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
CHERRY HILLS HEIGHTS WATER AND SEWER DISTRICT
. . ,Chamnan
STATE OF COLORADO
COUNTY OF~~~~-
)
) SS.
)
The foregoing instrument was acknowledged before me this __ day of ______ .
200_, by __________ _
Witness my hand and official seal.
My Commission expires: ------
NOTARY PUBLIC
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Exhibit A
Legal Description
Cherry Hills Heights Water and Sanitation District
All of the area within the Re-Subdivision of Subdivision "A," Cherry Hills
Heights, as recorded upon the public records of Arapahoe County, Colorado on the 28 1h
day of April, 1941 in Town Plat BookNo. 6 at Page 8, Reception No. 278630, together
with the following two parcels ofland identified herein as Parcel No. 1 and Parcel No. 2
respectively, and both being adjacent to the easterly line of Lot 3, Block 6, Re-.
Subdivision of Subdivision "A," Cherry Hills Heights, Arapahoe County, Colorado:
Parcel No. 1: Beginning at the point of intersection of Lots 1, 2 and 3, Block 6,
Resubdivision of Subdivision "A," Cherry Hills Heights, southeasterly along the west
Ii.Ile of Lot 3, Block 6 of said Subdivision to the southwest comer of Lot 3; thence
easterly along the south line of the said Lot 3, to the southeast comer of said Lot 3, the
Point of Beginning, then easterly along the arc of a curve the radius of which is 1222 feet
and the chord of which is 168.5 feet in length, the bearing for said chord being 84°, 29"E;
thence north 15°00'E, 140 feet; thence westerly on a line towards the intersection of
Lots 1, 2 and 3 of said Block 6 to the intersection of said line with the easterly boundary
of Lot 3; thence southeasterly along the east boundary line of said Lot 3 to the Point of
Beginning, Block 6, a part of the southeast sm,ithwest, Section 36, Township 4 South,
Range 68 West, 6th Principal Meridian, County of Arapahoe, Colorado, also lmown as
part of2703 E. Floyd Avenue, Englewood, Colorado 80110.
Parcel No. 2: Beginning at the northeast corner of Lot 3, Block 6, Resubdivision
of Subdivision "A," Cherry Hills H~*hts~ thence east 172 feet ; thence south 15 °E 110
feet; thence westerly along a line to~ds the intersection of Lots 1, 2 and 3 of said
Block 6 to a point on the easterly line of said Block 3; thence northwesterly along the
easterly line of said Lot 3 t to the Point of Beginning, a part of the southeast of the
southwest one-quarter of Section 36, To'Yp..ship 4 South, Range 68 West of the 6th
Prinicipal Meridian, Arapahoe County, Coiorado, also known as a part of2701 E. Floyd
Avenue, Englewood, Colorado 80110.
The above described area is depicted on a map which is attached hereto as Page 2
of this Exhibit A and incorporated herein by this reference ..
{00168162.DOC /) 1
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CHERR Y . HILLS HEIGHTS
.WATER B SAN/TAT/ON DISTRICT .
"AS
SEWERAGE
CONSTRUCTED"
COLLECTION SYSTE
RIPPLE a HOWE
A TT. 3
TEMPORARY LICENSE AGREEMENT
THIS LICENSE AGREEMENT, made and entered into as of this day of
------·' 20 __ , by and between the CITY OF ENGLEWOOD, a municipal
corporation of the State of Colorado , herein referred to as "City", and _____ _
of
-----~------------------------~ herein referred to as "Licensee".
WITNESSETH
The term "Licensee" shall include employees, agents and contractors of Licerisee.
The term "property" as used herein refers to real property and includes
easements , rights-of-way, and other City int erests in land and may sometimes be
referred to herein as "City property".
City, by these pres ent s; without warranting title or interest and subject to the
covenants hereinafter set forth, does hereby authorize Licensee, its successors
and assigns , to:
Place wireless communication antennas at the location
noted in Exhibit A, which is incorporated herein, as a
temporary placement during the repair of the City 's
Sherman Wat er Tanlc, pursuant to a Temporary Use
Permit, shown in Ex¥.bit B, incorporated herein.
1. The Licensee shall notify the City at least two (2) days prior to commencement of the
construction of, modifications or repairs to Licensee's installation so that City may make
such inspections as it deems necessary. In the event of emergency repairs required for
safety or restoration of serviee. customers, Licensee shall not be required to furnish notice
prior to commencing said ref,~s but shall notify City of the nature and extent of any such
I emergency work.
2 . In granting this License, City r eseryes the right to make full use of the property involved as
may be necessary or convenient in'tli,e operation of the City, and City retains all right to
operate, maintain, install, repair, remove or relocate any of its facilities located within
City's property at any time and in such a manner as it deems necessary or convenient. In
the event Licensee's installations should interfere with City 's use or operation of its
property, at any time hereafter, Licensee shall, upon request by City and at Licensee's sole
expense, immediately relocate, rearrange or remove its installation so as not to interfere
with any such City use and to r emove the installation of Licensee when necessary or
convenient for the City, its successors or assigns .
3. This License shall be effective from November 1, 2009 until June 1, 2010. Licensee shall
complete its installation, clear the area of all construction debris and restore the area of its
pre-existing condition within seven (7) days from the date of completion of the return of
the antennae to their permanent location. In the event clearing and restoration of the area
is not completed within the time specified, City may complete the work at the sole expense
of Licensee .
4. All City roads and fencing which are disturbed by the construction of Licensee's
installation shall, within the time prescribed in Paragraph 3 hereof, be restored to a
condition satisfactory to City .. In addition, City roads and fencing disturbed by the
reconstruction, maintenance, modification, operation, repair or replacement of Licensee's
facilities shall immediately be restored by Licensee to a condition satisfactory to City.
Restoration of roads shall include, but not be limited to, resurfacing when deemed
necessary by City. If restoration is not accomplished by Licensee within the time
specified, City, at its election, may perform such modification, operation, repair,
replacement and maintenance of its installations in such a manner that City, at all times,
shall have full and complete access to its property.
5. Licensee shall not trim or cut down any trees, shrubs, or brush on City's property without
permission of the City. When required by City, Licensee, at its expense, shall trim or cut
down trees, shrubs or brush and remove and dispose of cutting debris to the satisfaction of
City.
6. Licensee will use all reasonable means to prevent any loss or damage to City or to others
resulting from the construction; modification, replacement, repair, operation and
maintenance of Licensee's installation. Any repair or replacement of any of City's
installations on its property made necessary, in the opinion of City, by the construction,
modification, operation, maintenance, repair or replacement of Licensee's installation,
shall be made only by City and at the sole expense of Licensee.
7. Licensee understands that the City will be doing construction and repair upon the City's
Sherman Water Tank on the property where these temporary antennae are located.
Licensee shall indemnify and save hanp,less City, its officers, employees or agents, against
any and all claims, damages, actions or causes of action and expense to which it or they
may be subjected by reason of Licensee's installation being located upon City property, or
in connection with construction, operation, modification, replacement, maintenance, or
repair of Licensee's installation or City's Sherman Water Tank repairs. If the construction
of all or any part of Licensee::; installation is to be performed by an independent contractor
under contract to Licensee, ilicpnsee shall so notify City and shall incorporate the
stipulations and conditions of this License into the contract specifications and, if required
by City, Cause said independent contractor to obtain, prior to commencement of the work,
an insurance policy or policies in amounts and with companies satisfactory to City which
will protect City from any loss or dfilnage resulting from the work performed by the
contractor.
8. All work performed under this License shall be performed by Licensee at no expense to
City and, except as otherwise set forth herein, Licensee shall own and maintain its
installation thereafter.
9. The rights and privileges granted in this License are subject to prior agreements, licenses
and conveyances, recorded or unrecorded, and it shall be Licensee's responsibility to
determine the existence of any rights, uses or installations conflicting with Licensee's use
of City property hereunder and to resolve any conflict.
10. If Licensee does not use its installation for a period of one (1) year, or if Licensee shall at
any time fail or refuse to comply with or carry out the conditions of this License, City may,
at its election, revoke this License forthwith by written notice to Licensee, in person or by
-2-
mail, at Licensee's last known address . Upon terminati on of the License, Licensee shall
have ten (10) days to remove its installation from City property. In the event Licensee
does not remove its installation within the time allowed, City, without incurring liability,
may remove said installation .at Licensee's expense.
11. Upon abandonment of any right or privilege herein granted, the right of Licensee to that
extent shall terminate, but Licensee's obligation to indemnify and save harmless City, its
officers, e:nJPloyees and agents, shall not terminate in any event.
12. The rights granted Licensee hereunder may not be assigned without the written consent of
City.
13 . Licensee shall comply with all applicable laws and ordinances and rules, regulations and
requirements of any governmental authority promulgated thereunder controlling
environmental standards and conditions of the premises. If, as a result of Licensee's
occupancy of the premises and its operations hereunder, any such law; ordinance, rule, or
regulation is violated, Licensee shall protect, save harmless, defend and indemnify City
from and against any penalties, fines, costs and expenses, including legal fees and court
costs, incurred by City, caused by , resulting from, or connected with such violation or
violations .
IN WTINESS WHEREOF, this instrument has been executed as of the day and year first
above written.
CITY OF ENGLEWOOD
By: ___ ~,__ ______ ,__~,__-
Stu Fonda, Director of Utilities
LICENSEE: ' ..
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STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this __ day of _______ _
20__,by _________ _
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
My commission expires:--------NOTARY PUBLIC
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C 0 M M U N I ·T Y
Black & Veatch by Laura Gatling
AT&T Mobility
6300 South Syracuse Way, #300
Centennial, CO 80111
September 15 , 2009
RE: USE2009-021
Dear Ms . Gatling,
'' ENGLEWOOD
DEVELOPMENT
Your application for a Temporary Use Permit for 5401 South Sherman Way (AT&T
Mobility) has been reviewed by all necessary City of Englewood departments . The
attached stamped application is the Permit and must be kept on site and available
through the duration of the project.
The conditions for the Temporary Use P~rmit are as follows: ...
1. The permit is valid from December 2009 through May 2010 .
2. Neighbors within a 300' radius of the subject property must be notified by
mail prior to the start of work.
'" to \
1111 1
1,
Please contact me at 303-762-2345 if you have further questions .
Sincerely,
Audra L. Kirk
Planner
/ak
lo.;f 4
1000 Englewood Parkway Englewood, Colorado 80110 PHONE 303-762-2342 FAX 303-783 -6895
www.englewoodgov.org
ZfS F 20'fJ9-{)21
,11) /(__
City of Englewood
Community Development Department
1000 Englewood Parkway
Englewood, CO 80110
303-762-2342
englewoodgov.org
·. · . .-·.-.··: . '• . . APPLICATION FORM ". . .ii~:!"~ .
) "-:.. . ' ' ' . . . . . " .. : .. : ~ ".: ' .. ... . ~~~:~:~ : ' . .
APPLICATION FOR: Temporary Use Permit
(Attach Checklist and all required documents -Incomplete applications will not he accepted)
PROPERTY ADDRESS: 5403 South Sherman Way
LEGAL DESCRIPTION : (Provide at least one of the following)
Lot(s) 21 Block 3 Subdivision Brookridge Heights
Parcel Identification No. .
Metes and Bounds Legal Description NE 1/4 Section 15. Township 5 s. Range 68 w. Arapahoe County
(Attach separate sheet if necessary)
APPLICANT
Name : Black & Veatch by Laura Gatling
Company : AT&T Mobility
Address:6300 S Syracuse Way, #300
Centennial, CO 80111
Telephone Number: 303-359-9694 ;:[;.
. 303-379-2059 I
. , ..
May 2009
.·_,·;
. "
PROPERTY OWNER
Name: Utilities Department, Bill McCormick
Company : City of Englewood
Address: 1000 Englewood Parkway
Englewood, CO 80110
Telephone Number: 303-762-2652
Fax Number: 303-783-6894
Email Address : bmccormick@englewoodgov.o 9
Signature
Bill McCormick
Print Name
2 of 4
~ BLACK & VEATCH ~. Building a world of difference~
September 9, 2009
VIA HAND DELIVERY
Ms. Audra Kirk
City Planner
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110
RE: Application for Temporary Use Permit
Address: 5401 (5403) South Sh erman Way, Englewood, CO
AT&T Mobility Site Name: DEN Broadway & Belleview
Dear Audra:
Enclosed please find the completed application for the Temporary Use Permit for the AT&T
Mobility site located at the above address. Along with this application, please find the following
documents enclosed:
Application Form
Completed Checklist
Narrative ( 10 copies)
Application Fee ($75.00)
Site Plan (10 copies)
Copy of letter to Neighbors
List of neighbors to be notified
As an additional requirement to accompany this application, a letter to neighbors within 300' of
the subject property has been prepared and will be mailed to the neighbors listed in the attached "list of
neighbors to be notified". This letter will be ·s~nd via regular mail within the next day or two. A copy
of the notice letter has been enclosed.
Thank you for your assistance, I can be reached as follows: Voice: 303.359.9694 -Facsimile:
303.379.2059, Email: PowellL@bv .com or at the address on this letterhead .
6300 S. SyraCtJse Way-Suite 300 ·Centennial , CO 80111 USA· Telephone: (303) 359.9694 Facsimile: (303} 379.2059
...
3 of '4
. ~., BLACK & VEATCH
., Building a world of difference~
September 9, 2009
Name
Address
RE: Notice of Application for Temporary Use Permit
Address: 5401 South Sherman Way, Englewood, CO
AT&T Mobility Site Name: DEN Broadway & Belleview
Dear Neighbor,
AT&T Mobility ("AT&T") currently has wireless communication antennas and
an equipment shelter at . the water tower owned by the City of Englewood at 5401 S.
Sherman Way. Due to the City's plan to re-paint the water tower, AT&T will need to
temporarily relocate therr antennas on a temporary tower structure adjacent to the
equipment shelter. In order to make this change, the City of Englewood requires AT&T
to obtain a Temporary Use Permit.
Work to relocate the antennas is anticipated to begin prior to D~mber 31, 2009
in order for the painting to begin. It is anticipated that the painting will be complete in
early May, 2010. AT&T will then re~i.Dstan their antennas on the water tower and
remove the temporary tower structure. , · '
If you have any questions or would like additional information regarding AT&T' s
application for a Temporary ,lJse Permit, you may contact either me or the City of
I .\
Englewood staff planner, Audtla:l~k. I can be reached by phone at (303) 359-9694 or by
email: laura.gatling@gmail.com. Audra Kirk can be reached by phone at (303) 762-2345
or by email: akirk@englewoodgov.org
Sincerely,
Laura P. Gatling
Consultant to AT&T Mobility
4 of 4
6300 S. Syracuse Wiay. •• Suite 300 · Centennial, CO 80111 ysA · Telephone: (303) 359.9694 Facsimile: (303) 379.2059
Englewood Water and Sewer
Attn : Kathy Burrage
1000 Englewood Pkwy
Attn: Utilities Dept. ·
Englewood, CO 80110
Dear Kathy,
ATT. i
GROOVE
September 25, 2009
Groove Automotive recently purchased the former Burt Toyota and Burt Subaru automotive dealerships
on Broadway. We are very excited with this acqu isition and look forward to becoming business partners
in the community.
'
Groove is about excitement, movement, energy, and fun . Being new in the community with a new
name and new image, we know that we must be creative with how we market ourselves and the culture
we create. With that in mind, we have a proposal we would like you to consider.
Located behind our Toyota and Subaru dealerships is a white water tower. We believe this would be a
perfect backdrop to display our new logo within the community (see attached picture showing how our
logo would display on the water tower). Allowing us to display our logo on the water tower would let
the community know who we are, in addition to helping the Englewood Water and Sewer with
advertising revenue from Groove Automotive.
We would like to offer a $20,000/per year p_roposal for use of the water tower, with a possible long-
term agreement with the City of Englewood . We can prepare a formal proposal to present at your
/1;
monthly citizen's meeting and for the City of Englewood Board of Directors, if necessary. Groove
Automotive would be responsible for costs regarding the signage.
Please contact me once you have reviewed the .~bove so we can discuss in more detail. I can be reached
at 303-209-3975.
Thank you for your consideration .
Sincerely,
~~
Ron Redfern
Director of Finance and
Strategic Development
GROOVE TOYOT A -SCION "I 5460 south broodwoy. englewood, colorodo 801 13
P 303 761 3222 F 303 789 6690
GrooveAutornotlve .corn
A SUMMIT AUTOMOT IVE COMPANY
BERG HILL GREENLEAF & RUSCITTI LLP
ATTORNEYS & COUNSELORS AT LAW
1712 Pearl Street • Boulder, Colorado 80302
Tel : 303.402.1600 • Fax: 303.402.1 601
bhgrlaw.com ·
AT T. S
David G. Hill
Partner
dgh@bhgrlaw.com
Daniel L. Brotzman, Esq .
City of Englewood
1000 Englewood Parkway
Englewood , CO 80110-0110
Re: August Invoice
Dear Dan:
September 4 , 2009
'· .. ·~·
Enclosed please find our invoices for professional services on water matters for August 1,
2009 , through August 31, 2009 , in the amount of $59,155.47 , with a total for the year of
$334,397 .10.
The amount for this billing cycle on major cases is listed below:
Name Amount No.
I ·' 1 l j
City Ditch Municipal Use 11 8,538.78 166
FRICO 1999 Agreement Appeal (09SAS75) 31 ,019.93 712
'.
Chatfield Reservoir Reallocation Project 4,245.30 720
Main Burlington Appeal (09SA214, etc.) 5,065.86 723
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.
I have written down $9,675.60 of our standard hourly rates on this billing cycle.
Daniel L. Brotzman
September 4 , 2009
Page2
The largest bill is for preparing the opening brief on Englewood's appeal concerning the 1999
Agreement between Denver and FRICO, Burlington and Henrylyn. That agreement eliminated the ·
call for the Burlington 1885 storage right, which greatly slows the fill of the reservoirs which divert
through the Burlington Canal, and causes more and later calls from those reservoirs as well as from
reservoirs downstream from the Burlington Canal. It also enables Denver to take, on .(;lverage, an
extra 7 ,400 acre feet each year at Strontia Springs, upstream from Chatfield. The result is injury to
Englewood 's exchange from Bear Creek to Chatfield and to the McLellan Reservoir right.
The McLellan Reservoir right and the Bear Creek exchange are crucial to getting soft water
from Chatfield Reservoir when hardness ~oars in the South Platte River at Englewood's diversion
point at Union A venue. Hardness soars when the Chatfield Reservoir outlet gates are closed, which
is becoming an ever-more frequent occurrence.
In essence the Water Court ruled as a matter of law that Englewood had no legal right to
complain ofits injuries from the 1999 Agreement. Englewood appealed. Englewood's opening brief
was due August 31. The brief covers a number of very complex issues , and it was not easy to
prepare. We think we have made a strong case. A copy of the brief has been sent to Dan Brotzman
and Stu Fonda for review. The response briefs of Denver and the others are due October 5, although
a one-month exten~ion of that date is not unlikely'. Englewood's reply brief will be due 14 days after
the response brief is filed. This matter should not require more work until the response brief is filed .
The next large bill is for work .yonceming City Ditch. Englewood diverts approximately
1100 acre feet per year from City Ditch! If The water right is extremely valuable, since it has the most
senior priority on the entire South Platte main stem. Englewood of course uses the water for
municipal purposes. The decree for the City Ditch rights is only for irrigation, and on several
occasions the State Engineer (or his people) P,ave asserted that Englewood could not use the water
for municipal purpos~s. We have done a great deal of research on that issue , and have always caused
the State Engineer to back off. There are a number of good reasons why the right is a municipal
right, including an act by the Territorial Legislature, among other things. If the right were treated
as an irrigation right, Englewood's diversions would be severely reduced.
In connection with our efforts to constrain Denver from making further Chatfield Reservoir
gate closures, Casey Funk of Denver called me with a settlement offer. One of the conditions of the
settlement was "no objection to a change of Denver's City Ditch rights." It turned out that Denver
was unaware of the history of the ditch and viewed the right as merely an irrigation right which
Denver would seek to change to municipal use. I verbally explained why the right was a municipal
right, and Casey asked for a memo on the subject. We prepared it, but it has not been sent to Denver,
pending negotiations between Stu Fonda and Chips Berry of Denver (see below).
Daniel L. Brotzman
September 4, 2009
Page 3
The memo is important for two reasons. First, we do not want Denver to concede that the
·' City Ditch right is merely an irrigation right, which would cause great trouble for Englewood's City
Ditch right (it too might get an irrigation classification). So it's important to make Denver aware
of the very useful history .
Second, while our firm has done a great deal of research over the years concerlli.ng the City
Ditch right, our efforts have never been made into one memorandum with attached materials, which
could be preserved by Englewood. The memo to Denver is a good start on that effort. More needs
to be done, but the basic research and assembly of documents is complete.
The third major case is the request for a stay and the appeal by FRICO/East Cherry
Creek/United of the bad decision which they received in the big Water Court case. That result was
devastating for the Applicants, and unfortunately they have inundated the Water Court and the
Supreme Court with 1) motions for a stay of the decision, and 2) motions to break up their appeal
into several appeals , segregated by legal issue. The motions have required a great deal of response
time, lest Englewood be in a position of a procedural default; and Englewood has opposed several
of the motions.
The fourth major case is work under the heading of"Chatfield Reallocation." This work is
an effort to reduce Englewood's hardness problems by either reducing the Chatfield Reservoir outlet
gate closures, or getting some Chatfield water down City Ditch when the gates are closed. A major
letter was sent to Denver, with attachments, detailing why the increased gate closures by Denver
were not properly permitted under tli~ federal environmental statutes. It brought a prompt and
worried response by Denver. While Denver denies any wrongdoing, the anxiety and defensiveness
displayed in their responses belies that denial.
First Casey Funk called me and offered 5 cfs down City Ditch whenever hardness became
a problem, if Englewood made up the depletions and Denver could catch the rest downstream at its
gravel pit reservoirs or its non-potable reuse plant. But he conditioned his offer on a number of
somewhat unpalatable concessions by Englewood. (During this conversation the City Ditch issue
came up.) No response has been made to Casey because in the meantime Chips Berry, the CEO at
Denver Water, called Stu Fonda.
Chips Berry discussed with Stu Fonda the possibility of Denver simply providing Englewood
with a fixed amount of water to solve the hardness problem. The discussions went slowly back and
forth, and continue. It would be wonderful if they bore fruit. Stu wishes to withhold the City Ditch
memo and provide it when he can tell Chips Berry that Englewood is trying to help in return.
The remainder of the cases are described below.