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Home My WebLink About2009-12-08 WSB AGENDAWATER & SEWER BOARD AGENDA Tuesday, December 8, 2009 5:00 P.M. WATER BOARD CHRISTMAS DINNER NORTHWOODS INN 8109 BLAKELAND DR. LITTLETON, CO 80125 (GOING SOUTH, TAKE SANTA FE & CROSS C-470, GO 1 BLOCK & TURN RIGHT AT THE DIAMOND SHAMROCK STATION, GO Yz BLOCK & TURN RIGHT AT THE RESTAURANT) 1. MINUTES OF THE NOVEMBER 10 , 2009 MEETING . (ATT . 1) 2. GRANULAR ACTIVATED CARBON AGREEMENT. (ATT. 2) 3. 2010 ENGINEERING EXCELLENCE AWARDS-WATER & WASTEWATER -LEWWTP -PHASE 2. (ATT. 3) 4 . NEV ADA DITCH -STORMWATER IMPROVEMENTS AT NORMANDY GULCH . (ATT . 4) 5. WATER RIGHTS UPDATE FROM DAVID HILL DATED NOVEMBER 9, 2009. (ATT. 5) 6. OTHER. WATER AND SEWER BOARD MINUTES November 10, 2009 AT T. I The meeting was called to order at 5 :07 p.m. Members present: Members absent: Also present: Moore, Cassidy, Wiggins, Woodward, Oakley, Clark, Higday, Habenicht Burns Stewart Fonda, Director of Utilities Bill McCormick, Operations Supt. John Bock, Manager of Administration 1. MINUTES OF THE OCTOBER 13, 2009 MEETING. The Englewood Water and Sewer Board received a copy of the minutes of the October 13, 2009 meeting and approved the minutes of that meeting. Mr. Higday moved; Mr. Wiggins seconded: Ayes: Nays: Members absent: Motion carried. To approve the October 13, 2009 Water and Sewer Board minutes, as amended. Moore, Cassidy, Wiggins, Woodward, Oakley, Clark, Higday, Habenicht None Burns 2. CHARLIE BLOSTEN -CITY OF LITTLETON REGARDING BIKE PATH ALONG CITY DITCH FROM LEE GULCH TO BELLVIEW. Charlie Bloston, the City of Littleton Director of Public Works, Bev Bradshaw, with the South Suburban Parks and Recreation Board and Robert Seams with The Greenway Team, appeared before the Board to discuss a bike path along the City Ditch right-of-way in Littleton. Charlie Blosten outlined the proposed bike/pedestrian trail that would follow the City Ditch from Lee Gulch to Belleview and connect to the Big Dry Creek Trail. Mr. Seams presented a PowerPoint presentation showing photos of areas along the proposed bike trail. The Board discussed water quality concerns, being that the City Ditch is a drinking water source for the City of Englewood. Bill McCormick noted that it is possible that this area of City Ditch could be piped in the future to improve water quality. Piping would enable the City Ditch to flow in the winter and improve water hardness. Mr. Bloston discussed possible historic or Open Space funding that may be available . The Board noted that the ramifications of these loans would have to be investigated before a commitment could be made. Mr. Higday discussed piping the entire length of the City Ditch that would be adjacent to the bike trail before the trail is installed. Discussion ensued regarding funds required for piping approximately 1/3 to Y2 mile of City Ditch. Other concerns noted were dogs and e-coli, liability and security issues. Mr. Bloston said that they have had discussions with Denver Water Department about purchasing temporary water to run in the City Ditch for irrigation. Chairman Clark recommended that Englewood staff investigate legal ramifications and other noted concerns regarding this request and the Board continue discussion at the January 12, 2010 meeting. 3. MR. PETER HOGENDYKE -REIMBURSEMENT FOR SEWER BACK UP AT 4841 S. PENNSYLVANIA ST. Mr. Peter Hoogendyke appeared before the Board regarding a sewer backup at his mother's house at 4841 S. Pennsylvania St on August 20, 2008. The backup was caused by a blockage in the main. Englewood contracted with Palace Construction for repair and cleanup, giving them a letter of pre-authorized services that the City of Englewood would cover. The Board received a copy of the release signed by the owner, Mrs. Hoogendyke, authorizing additional cleanup. Palace Construction performed repairs beyond what Englewood had authorized in the original letter. Peter Hoogendyke believes that the charges from Palace Construction were excessive and his mother, being 91 and in ill health, was not aware that additional charges would be forthcoming, assuming the cleanup was covered by the original contract with Englewood. Mr. Hoogendyke filed a claim with State Farm, which was denied because the cause of the damages originated outside the property lines. The Hoogendykes are now being sued by Palace Construction for the remaining balance. John Bock provided background information on Palace Construction. At approximately the same time, the City was obtaining bids for restoration services on a stand-by basis. Palace Construction was not selected. Mr. Moore noted that the signed release did not itemize work that was to be completed nor amounts to be charged. The Board directed Utilities staff to provide support and assistance for the trial on the homeowner's behalf. The Board will discuss this issue further after a court ruling has been received. 4 . SHERMAN WATER TANK REHABILITATION. Englewood's Sherman Tank, a 200,000-gallon water tank, serves the southeast portion of Englewood. Earlier this year, the tank was inspected, and the beginning of corrosion was noted. As part of the proposed tank rehabilitation project, the tank exterior and standpipe will be cleaned, lead-based paint abatement will be provided for the exterior, corrosion spots welded and repaired, the exterior painted and a cathodic protection system reapplied. Preventative maintenance measures are necessary to extend the life of the tank. Bids were received and Camp Dresser & McKee Engineers recommended acceptance of the low bidder, H & R Enterprises at $182,384.12. $280,000 was budgeted in the 2010 budget. Mr. Oakley moved; Mr. Higday seconded : To recommend Council approval of the bid for the rehabilitation for priming and painting the exterior of the Sherman elevated water storage tank to H & R Enterprises in the amount of $182,3 84 .12. Ayes: Nays: Members absent: Motion carried . Moore, Cassidy, Wiggins, Woodward, Oakley, Clark, Higday, Habenicht None Bums 5. COUNTRY HOMES METROPOLITAN DISTRICT WASTEWATER CONNECTOR'S AGREEMENT. Country Homes Metropolitan D istrict submitted a renewal of their connector's agreement. Sanitary sewer service is provided to districts outside of the Englewood corporate boundaries through the standard connector's agreement. The Littleton/Englewood Wastewater Treatment Plant is able to receive and treat sewage transmitted by various districts . The Country Homes Metro District has 32 taps and will continue to own the sewer mains and be responsible for capital improvements and maintenance in its system. The City Attorney's office has reviewed and approved the standard connector's agreement. Mr. Habenicht moved; Mr. Wiggins seconded: Ayes: Nays: Members absent: Motion carried. To recommend Council approval of the Country Homes Metropolitan District Wastewater Connector's Agreement. Moore, Cassidy, Wiggins , Woodward, Oakley, Clark, Higday, Habenicht None Bums 6. WATER RIGHTS UPDATE DATED OCTOBER 9, 2009 FROM DAVID HILL. The Board received from David Hill, Englewood's Water Attorney, a water rights update dated October 9, 2009 . Stu di scussed developments in water litigation cases in which Englewood is involved . 7. ARTICLE FROM OCTOBER 23, 2009 ENGLEWOOD HERALD, "CITY LEASES A PARCEL OF DOUGLAS COUNTRY PROPERTY." Stu noted an article that appeared in the October 23 , 2009 Englewood Herald that discusses an agreement for a car dealership to lease 12.8 acres from the City of Englewood. When the dealership opens in April, 2011, the City will receive $428,928 a year for the leased property. The land is located in Douglas County, near the McLellan Reservoir. 8. REBATES FOR WATERJENERGY SAVING APPLIANCES. Stu discussed a Council request regarding water/energy saving appliances. The Water and Sewer Board had previously discussed this issue at their January, 2008 meeting. Some factors that the Board considered are; 1) that Englewood has enough water to meet present and future development and enough to lease to Highlands Ranch; 2) significant water conservation has been achieved without a rebate program ; 3) funding for rebate programs would come out of wat er revenues and 4) with Englewood's aging sanitary sewer system higher flows are needed for the system to function properly. Council received a memo from the Utilities staff outlining these factors. ' The meeting adjourned at 6:20 p.m. The next Englewood Water and Sewer Board meeting will be held Tuesday, December 8 , 2009 at 5:00 p .m. Respectfully submitted, Is l Cathy Burrage Recording Secretary ATT.2 RE: ATTACHED GRANULAR ACTIVATED CARBON AGREEMENT The attached Council Communication is for informational purposes only to acquaint the Board with the granular activated carbon system that is being bid. The recommended contractor and amounts have not been filled in because the agendas had to be distributed for the Board's review befo r e the bid deadline of December 3, 2009. After the bids are received, they will then be evaluated and references checked. The Board will receive a recommendation on the lowest acceptable bidder at the December 8, 2009 meeting. Date January 18, 2010 INITIATED BY Utilities Department AT T. 2 COUNCIL COMMUNICATION Agenda Item Subject Granular Activated Carbon Agreement STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved the GAC (Granu lar Activated Carbon) lease Agreement with American Commonwealth Management Serv ices, Inc. (ACMS) at their October 19, 1998 meeting . Council approved a GAC lease agreement with American Water Resource at their February 22, 2005 meeting .. Council approved a GAC lease agreement with American Water Resource/A.A.E.T. at their January 22, 2007 meeting. RECOMMENDED ACTION The Water and Sewer Board, at their December 8, 2009 meeting, recommended Council approval of the GAC Lease Agreement in the amount of$ per filter for five filters. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Seasonal algae events in the Allen Water Treatment Plant's raw water supplies lead to complaints of musty tastes and odors from Englewood customers. Carbon filters have been used successfully for effective taste and odor removal. The granular activated carbon removes the organic and inorganic material which causes the taste and odor problems. In the past, the GAC media has been leased, but the option of leasing media has been discontinued by the supplier and, therefore, quotes must be obtained from prequalified suppliers to purchase the GAC . Carbon will require periodic replacement every 30 to 36 months. COM compiled a list of three qualified contractors that have the technical capabilities to analyze the GAC media in case of contamination or wa t er quality issues. Calgon, Norit Americas and Siemens received "Request for Quote" packets. The selected contractor will install the GAC and remove, recycle and replace the media at the end of the life cycle. The media will then be sold back to company to be recycled. The proposed service contract will phase in a total of five filters, each requiring 2,700 cubic feet of GAG. Media in filters #5 and #6 will be replaced in 2010, filters #2, #3 and #4 will be replaced in 2011. The agreement wil l provide labor and equipment for the removal and replacement, along with GAG testing every six months. FINANCIAL IMPACT The on agreement will be for$ per month, per filter effective for a thirty month period. Total yearly cost will be$ LIST OF ATTACHMENTS Ordinance Agreement Contractor Quotes Minutes GAC Agreement Ill.doc CV) ~ t- <C Merit Awards Transportation URS Corporation 1-25 Reconstruction ... Non-Stop Relief Longmont, CO Client: COOT Small Projects Drexel, Barrell & Co. Fruita Reservoir No. 1 Rehabilitation Mesa County, CO Client: City of Fruita Energy Burns & McDonnell Engineering Co., Inc. Increasing Generation Capability at Craig UJ Craig, CO Client: Tri-State Generation & Transmission Association, Inc . Special Thanks to our Sponsors Platinum Sponsor Van Gilder Insurance Corporation Silver Sponsor Applegate Group, lnc . Table Sponsors AECOM Technology Corporation Richard P. Arber Associates, r nc. Brown and Caldwell Bums & McDonnell Engineering Co., Inc . E M C Engineers, Inc . Felsburg Holt & Ullevig Merrick & Company PBS&J Terracon Consultants, Inc. URS Corporation Outstanding Awards Board Graphics Presentation Felsburg Holt & Ullevig C-470/Alameda Parkway Interchange Lakewood -Jefferson County, CO Judging Panel Major General Steve Abt, U.S. Army, former CSU Professor of Civil Engineering Brian Ahrens, Colorado Department of Water Resources Stuart Coppedge AlA/CO President Taryn Edwards, AGC/CO President Deb Kleinman, Colorado Chapter of US Green Building Council Glenn Lamoree, National Park Service Mike Lowell , General Services Administration Master of Ceremonies Dave Fraser, Fox 31 Chief Meteorologist ACEC/CO Awards Committee: Tara Schutter, Applegate Group, Inc., Chair Denis Beaudin, Beaudin Ganze Consulting Engineers, [nc. Fred Berkey, Merrick & Company Celeste Davis, AECOM Barb Long, Pinyan Environmental Engineering Resources , Inc. Stu Monica!, MKK Consulting Engineers Erin Perrott, Terracon Consultants, Inc. Mary Beth Sepper, URS Corporation Eric Young, E M C Engineers, Inc. Jennifer Shaw, ACEC/CO Staff Liaison _,_-.s=~~~·.'r:'-=-.;~·-::.. . .;.,.~.-- ~ --- ACE C AMERICAN COUNCIL OF ENGINEERING COMPAN IES of Colorado 2010 ACEC/CO Engineering Excellence Awards Monday November 2, 2009 The ACEC/Colorado Engineering Excellence Program celebrates engineering achievements that demonstrate ingenuity and include significant technical , economic or social advancements. Each year, ACEC/CO member firms submit their entries for assessment and judging by a diverse group of local business, media and industry representatives. Entries cover categories ranging from research and studies to structural systems, transportation, and special projects. Engineering the Vision Consulting Engineers -The Problem Solvers 201 O ACECICO Eneineerine Excellence Awards Cateeories and Winners En~ineerine Excellence Awards Studies, Research and Consulting Engineering Services Malcolm Pirnie, Inc. Innovative Strategies for Radionuclides Rule Compliance Colorado (statewide) Client: Colorado Department of Public Health and Environment Surveying & Mapping Technology Merrick & Company Levee Certification Using Geospatial Technologies Wichita, KS Client: City of Witchita Environme ntal URS Corporation Grou11dwater Cleanup at Spill Site 7-RE. Warren AFB Cheyenne, WY Client: AFCEE (DOD) Water & Wa stewater Brown and Caldwell Littleton/Englewood Wastewater Treatment Plant -Phase 2 Engle wood, CO Client: Cities of Littleton and Englewood Water & Wastewate r Richard P. Arber Associates, Inc. Crystal Clear Future Alamosa Arsenic Alamosa, CO Client : City of Alamosa Transportation CH2M Hill, Inc. Austin Bluffs Interchange at Union Boulevard Colorado Springs, CO Client: City of Colorado Springs Transportation · Felsburg Holt & Ullevig C-470/Alameda Parkway Interchange Lakewood -Jefferson County, CO Client: Carma Colorado Ltd. Energy E M C Engineers, Inc. · Revitalizing a Community Landmark Monte Vista, CO Client: Monte Vista School District Honor Awards Buildingff echnology Syste ms M-E Engineers, Inc. Research 2, University of Colorado Denver Aurora, CO Client: Fentress Architects in association with Kling Stubbins Building/Technology Systems The RMB Group, Inc. The LDS Church, Church History Library Salt Lake City, UT Cli ent: Church of Jesus Christ of Latter-day Saints Merit Awards Studies, Research and Consulting Engineering Services PBS&J - Eagle Cou11ty Traffic Incident Management Plan Eagle County, CO Client: COOT Region 3 Structural Systems Terracon Consultants, Inc. University Village Colorado Retai11ing Wall Colorado Springs, CO Client: Kratt Commercial Properties Water & Wastewater Ayres Associates Protecting the Pleasant Valley Pipeline Fort Co1lins , CO Client: City of Fort Collins Water & Wastewater Burns & McDonnell Engineering Co., Inc. Fairplay WWTF, New Plant Design Fairplay, CO Client: Fairplay Sanitat ion District Water & Wastewater Merrick & Company Water and Sewer Master Programming Services Lakewood, CO Client: Bancroft-Clover Water & Sanitation District Water & Wastewater Richard P. Arber Associates, Inc. . £..one Tree Creek Water Reuse Facility Expansion Centennial, CO Client : ACWWA Transportat ion AECOM Technology Corporation Woodmen Road Corridor Colorado Springs , CO C lient: El Paso County Department of Transportation Transportation PBS&J RidgeGate Parkway and 1-25 Interchange Lone Tree, CO Client: City of Lonetree Transportation Summit Engineering Group, Inc. SH 58 Ramp A Flyover Bridge Golden, CO Client: Ames Construction, Inc. +3036286852 AT T. 11-17-09 01 :41PM FROM-Denver Water Plannini Post-i!O Fax Note 7671 To From Co . INTRODUCTION Phone II Fax~ -763~9 Fax 11 Purpose The intent of the Normandy Gulch Improvements project is to follow general concepts laid out i an Urban Drainage and Flood Control Djstrict: (UDFCD) major drainageway planning document py; pared in 1976. A key component of the document stated that the Nevada Ditch should be reconfigured t pass through a siphon at its confluence with Normandy Gulch. Site conditions have changed since preparation of that document including: • Completion of mining operations at Cooley Lake and final grading of that site, • New property owners and development of the JS property just west of the Nevada Ditch and ,. • Upstream development to the west that has created additional runoff, thereby causi g several ditch embankment failures. WHPacific has been hired by UDFCD to address the existing site conditions, develop site altem tives that incorporate these conditions, estimate costs, and recommend improvements for the ditch crossin as well as areas upstream and downstream of the crossing. WHPacific will proceed wit~ final design of the improvemems after they have been accepted b ·he project sponsors. We will <ilso complete a LO:tvfR that shows a new floodplain after completion f the recommended improvements. Sponsors and Stakeholders The sponsor of this project is the Urban Drainage and Flood Control District (UDFCD). We co dinated with several other entities as listed Table 1. Table 1: Project Sponsors and Stakeholders UDFCD Laura Kroeger Avenue, Suite 1 S6B Denver, Colorado 80211 Engineering Division City of Littleton Bob Deeds 2255 West Beny Avenue Littleton, Colorado 80165 JS Len Goldstein 2811 E. Williamette Lane Greenwood Village, Colorado 80121 Nevada Ditch Jeny Foster 1600 West 12 Avenue Denver, Colorado 80204 Town of Columbine Lee Schiller 6412 S. Quebec Street VaJley Englewood, Colorado 80111 500937 INTERIM RPT.docx 2 y 11-17-09 01 :41PM FROM-Denver Water Plannina +3036Z8685Z T-357 P.OOZ/008 F-277 SSPD Cecily Mui Centennial , Colorado 80121-2913 (303) 483 -7 0 1 Splash Engineering Rich Urbanowsky 885 South Field Street (303) 986·09 Lakewood. Colorado 80226-4110 Wild Plum Farm !tobert Tuck (970)768-1 3 0 3 500937 INTERIM RPT .docx 11-17-09 01 :41 PM FROIHenve r Water PI an n i n1 +3036286852 T-357 P.003/008 F-277 Project Location Figure 1 shows the project location. The .project is located in Section 30 of Range 68W, Town hip SS . The crossing at Polo Oub prive is approximatel:r 1;200 feet east of South Platte Canyon Road. :The project lies within several jurisdictions , including the City of Llnleton, Columbine V ~ey, and apahoe County. Figure 1: Project Location 4 500937 lNTERJM RPT.docx l · 11-1 T-09 01 :41PM FROM-Denver Water Plannina +3036Z8685Z T-357 P.004/008 F-277 PROJECT BACKGROUND Normandy Gulch and Nevada Ditch Normandy Gulch, referred to by UDFCD a.S South Jefferson County Drainage North Basin 610 historic tributary to the South Platte River . The Nevada Ditch was constructed in the l 800's an follows the west bluff above the South Platte Floodplain . The Normandy Gulch confluence wi Nevada Ditch is located appro:x.imately 0.6 miles north of Mineral Ave . The present confluence 'th the South Platte River is approximately 0 .8 miles north of Mineral Avenue . Normandy Gulch conveys runoff from approximately 1,050 acres into the northwest comer oft e Columbine Equestrian Center . Polo Club Drive enters the Columbine Equestrian Center from t e west, midway through the property . A small box culvert at Polo Club Drive conveys flow in Norrnan y Gulch . This culvert is, however , frequently overtopped. The Center's main horse trail is located at the Arena, and then it crosses Normandy Gulch on an elevated embankment south of the facility. en the main horse trail is overtopped, water backs onto the Equestrian Center property. During a large ood and Nevada Pitch breach, significant headcutting and bank erosion of the Equestrian Center prope likely occur . The Nevada Ditch receives runoff from 1,06 7 acres , including the Columbine Equestrian Cent 14.4 acre Parcel One . We understand that the app roximate maximum capacity of the Nevada Ditch is 40 cfs, with a normal maximum irrigation flow of 10 cfs . The east bank of the Nevada Ditch frequently ove ops , causing breaches of the ditch at several locations. One spill location is opposite of the Nonnan y Gulch .confluence. Other spill locations include the access bridge site from Hunter Run Lane and resi ential areas to the northeast including Fairway Lane . Ditch operators use several flood management practices including shutting down the ditch wh significant rainfall is expected , opening beadgates to drain the ditch , and manning trouble po· minimize debris accumulations . When the Nevada Ditch breaches , flooding , erosion and sedi problems occur on the Wild Plum Fm:n property. Cooley Lake is a reclaimed gravel pit located at the downstream end of the project. The pit w being actively mined during the period that the UDFCD Master Plan was prepared in 1974 to 1976. existing FEMA FIRM 100-year floodplain on the Wild "Plum Fann site reflects site grades th the 1970's and not srading of the spmway conflguration currently in place . Master Plan Concepts The historic practice of discharging drain age water to irrigation canals is fraught with proble s, including ditch bank breaching, multiple spills, and trans-basin diversions with overflows at uncontroll locations. In Jilly, 1976, CH2~ Hill completed a report titled "Major Drainageway Planning for South J fferson 5 500937 INTERIM RJ'T .docx I ,. 11-1 T-09 01:41PM FROM-Denver Water Plannini +3036Z8685Z T-357 P.005/008 F-ZTT County Drainage (SJCD) Notth Basin 6100. and other basins 6100 .5 and 6200" for UDFCD. T e Master Plan called for separation of the Nevada Ditch flow by constrUcting an inverted siphon that wou d cariy the irrigation flow under Normandy Gulch. There was no development shown to the east or we t of the Nevada Ditch. The 1976 Master Plan depicts a 3-to 4-foot vertical drop structure downstream the Nevada Ditch s·iphon . TI1e sides of the new channel over the siphon were to be benned in orde o contain the flow . There was no provision for a trail along the Nevada Ditch . The floodplain water surf: ce profile upstreai_n of the ditch was to be lowered approximately 4.5 feet at the historic Nevada Ditch . rmandy Gulch was shown to match existing grades at the Wild Plum Farm field to the cast. The Maste Plan shows a wide "natural" floodplain that would drain to the historic gravel pit operation approx.i tely 1,200 feet downstream and east of the Nevada Ditch. It also shows water joining a shallow po ing area to the south. The Columbine Equestrian Center was developed in the l 990's. WHPacific was provided a 19 O's design document that shows a much larger waterway that corresponds to the "Drainage Easem t" on the JS property survey. The l 990's design upstream of Polo Club Drive corresponds to the existin channel. The channel design downstream of Polo Club Drive, however, either was not construci:ed or th previous owner(s) placed fill in the channel to build the lower parking lot. Cooley Lake has been created by the reclamation of the gravel pit and the efforts of SSPRD an the City ofLittleton . The grading of the bank along the South Plane River was changed from that sho n in the SJCD Master Plan and the 1985 South Platte Master Plan and Floodplain Study. Project Hydro I ogy ,. Table 2 presents estimated storm event peak flows . Peak flow estimates are either taken from master plan or determined by WHPacific as noted in the table. Table 2: Normandy Gulch Flow Peaks '! ... ~ Estimated by WHPacific 2 -Year 50% 240 CH2M· Hill 1976 -Master P 5 -Year 20% 570 Estimated by WHPacific IO-Year 10% 800 CH2M-Hill l 976 -Master P 100-Year )% 1,180 CH2M· Hill 1976 -Master P 500-Year 0.2% 1,400 Estimated by WHPacific 6 500937 INTERIM RPT .docx I I I· I I I I I I I I I I I I I I I I 11-17-09 01 :41PM FROM-Denver Water Plannini +3036Z8685Z T-357 P.006/008 F-ZTT PROJECT GOALS The following presents the overall project goals for proposed improvements at the ditch cross g and for areas downstream: • Separate Normandy Gulch from the Nevada Ditch • Provide save and easy access to new channel improvements downstream of the ditch ossing • Provide a new channel downstrearn of the ditch crossing to convey Normandy Gulch unoff into Cooley Lake • Provide a wetlands channel to allow water quality treatment from the ditch crossing t the lake • Prepare a drainage easement that will contain new channel improvements and the 10 -year event in the lower reach • ,.. Minimize sediment transport to Cooley Lake and site disturbance • Augment constructed wetlands with a 2/3 cfs water right if possible • Secure easements for drainage and construction The following presents goals specifi c to the J5 site: • Provide a safe equestrian and pedestrian crossing of Normandy Gulch just upstream fthe ditch crossing • Minimize the visual impact of the crossing by keeping existing trees to the cxrent po sible • · Maintain a rustic feel to the site by designing new bridges , waterways, and paths to lend with existing conditions • Minirni7.e construction disturbance am! construction activities that could disturb hor s 500937 INiERlM RPT .docx 7 . ... BID TAB Norma1dy Oukb Bld Opc.,iag: Clc1obet 16, 2009 JOJll!,\1 ~ l l DES~'IOP ll!DlTtlt.! ~~,.(aal l•caco1U" oflold) Dl<il S1n1U1.c 3 . lllipflon Clullet s1m:o1< ~ TelllpDfJrj Cl!Olln<lieft Accus ' TJCO Rmam 12· te U. Ind> 6 Tru RrllleyJI . 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HOfFMAH m.r PlllCE $1<>0..UJ $62.llS S1.l.OO J?r.19 ~l:Ul SYJ.61 Sl.Ot :u,.:rl.S..00 ~.6Y.l.00 .SS,76J.ll $.1.llS..OC $1,167.liO !t.:JS4.21: Sl,'Zl.S.K Ullt.00 }UU.ro $!Jl.7j(l,TO u.tTHA.'ID KARAN JO IJlfJT 'TOI.AL COOT 1 RICf! OF BIO ITT.'ld $147.00 $40,US.111 S7B.GI $11 ,451 .00 SSS.II SS,IJ.l.«> S77.SC $.?,130.00 '79.00 $1 ,700.ttl $41Jl(] ~.uu.oo !96 .~1' $],JlWJI: Slll!.oo 54.lW.Ol !!'-00 :U ,760.0I 1131.tll S7,161Lff $24.e;I Jl ~20.CC lll.20 M,1)11 .C( l l.45 S.m.<JC $2.00 Sl,000.lltl tr..JCO.OO $6,lff.OO S4,G6UO .M ,061.00 SBJ1 ,21 u• 16 11 ,174.00 I .. c::> CD c::> ..... "' "'O 3:: ' co .. :::. < • :IE ... .... .. "'O ... :::. :::. :::. .. + .... c::> .... ... "' -... -.... "' -t I .... .... ..... "'O c::> c::> -~ c::> - 'Tl I "' ..... ..... NORMANDY ASSM09 NEVADA DITCH COMPANY ASSESSMENTS I ; I LastName FirstName I Shares 2009 Annual Amount ! Credits 1 Ausfahl Mr. Gary 0.002 0.5000 $620.19 2 Centennial Water & San . Rick Mcloud 0.004 1.0546 $1,308.11 3 Clayton, Jr. Mr. Glen 0.000 0 .1250 $155.05 4 Denver Botanic Gardens c/o Merle Moore 0.002 0.5435 $674.15 5 Denver Water Deparment c/o Chips Barry 0 .511 132.9832 $164,950.32 6 Englewood, City of c/o Stewart Fonda 0.440 114.4111 $141,913 .77 7 Letbetter ·Hildegard 0.000 0.0909 $96 .75 8 Lilienthal Mr. Jack R. 0 .003 0.6667 $838.50 9 Littleton Cemetery Assn . 0.006 1.6250 $2,031 .75 10 Manis Mr. Charles 0.002 0.5000 $620.19 11 Rickman Ms. Patricia D 0.001 0 .2500 $322.50 12 South Suburban Park & Rec. c/o Phil Jacobsen 0 .005 1.2500 $1,548 .00 13 Tuck LL 0 .019 5.0000 $6,192.00 14 Wolf Bruce & Cynthia 0.004 1.0000 . $1,225.50 1.000 260.0000 1 · $322,500.00 ;~) ! . ~ .: ·1 Page 1 AT T. 5 BERG HILL GREENLEAF & RUSCITTI LLP ATTORNEYS & COUNSELORS AT LAW 1712 Pearl Street • Boulder, Colorado 80302 David G. Hill Partner Daniel L. Brotzman, Esq. City of Englewood 1000 Englewood Parkway Englewood, CO 80110-0110 Re: October Invoice Dear Dan: Tel: 303.402.1600 • Fax: 303.402.1601 bhgrlaw.corn November 9, 2009 dgh@bhgrlaw.com Enclosed please find our invoices for professional services on water matters for October 1, 2009, through October 31, 2009, in the amount of $37,182.31, with a total for the year of $402,537.66 . The amount for this billing cycle on major cases is listed below: I Name I Amount I No. I FRICO/United 1999 Appeal $ 17,031.63 712 Chatfield Reservoir Reallocation Project 4,743.25 720 FRICO/United Change and Main Burlington Appeal 2 ,445.32 504 & 722 CCWCD (04CW276) FIDCO 2,587.61 633 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. Daniel L. Brotzman November 9, 2009 Page 2 The largest bill for October was the bill for the 1999 Agreement appeal. The 1999 Agreement is the agreement which enables Denver to take an additional 7,400 acre feet per annum at Strontia Springs because FRICO does not place the 1885 Burlington storage call (but the Burlington right still fills). During October we received the answer briefs from Denver, FRI CO and Public Service Company and studied them. We then did extensive work on our reply brief, which was filed on November 5. We feel that our appellate position is good, although one cannot predict the outcome, of course. The next largest bill was for the efforts to solve Englewood's hardness problems, through negotiations with Denver over Chatfield Reservoir gate closures, a possible settlement of the 1999 Agreement appeal and other Denver cases, and restoring Denver's right to use City Ditch. Those negotiations are proceeding very well, although they have not come to a conclusion. Tue next bill is for our combined efforts on the main appeal of the ruling in the FRI CO case. The efforts are "combined" because one bill reflects the efforts of FRI CO, et al., in the Water Court to obtain a stay of the Court's order, and one reflects the necessary preliminary work on the appeals which will be filed with respect to that ruling. The final bill is for our work in connection with the change of Farmers' Independent Ditch shares by Central Colorado Water Conservancy District. Tue Farmers Independent rights are senior to many of Englewood 's "core" rights, and it is important to assure that Central Colorado does not take more water than that to which the farmers were lawfully entitled. We believed that at the outset Central Colorado's proposed change would expand the use of the water. After a lot of engineering work, discovery and negotiations we were able to stipulate t o a decree. The decree lacks some provisions which we would like to have, but given the budget situation we did not feel the problems justified the cost of going to trial. 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. City Ditch Municipal Use (#166): This matter will encompass the research being made into the proof of Englewood's entitlement to divert on the 1860 City Ditch decree, which was