The URL can be used to link to this page

Home My WebLink About2012-11-13 WSB AGENDAWATER & SEWER BOARD AGENDA TUESDAY, NOVEMBER 13, 2012 COMMUNITY DEVELOPMENT CONFERENCE ROOM 1. MINUTES OF THE OCTOBER 9, 2012 WATER BOARD MEETING. PHONE VOTE -SEPTEMBER 18, 2012 . (ATT. 1) 2. GUEST: STEVE NGUYEN WITH CLEAR WATER SOLUTIONS , INC. RE: IDENTIFYING CONSERVATION GOALS, MEASURES AND PROGRAMS. (ATT. 2) 3 . SOUTHGATE SUPPLEMENT #168 FOR 5440 S . COLORADO BLVD . (ATT. 3) 4. CHANGE TO STORMWATER ORDINANCE 1-B-3(a) (ATT. 4) 5. LETTER FROM JACK DERBY DATED OCT. 27, 2012 RE: ADVANCED SEWER PAYMENTS. (ATT. 5) 6. INFORMATIONAL ARTICLE: SEPTEMBER 14, 2012 DENVER POST, "WELLS CHURN WATER DEBATE." (A TT . 6) 6. OTHER. WATER& SEWER BOARD MINUTES TUESDAY, OCTOBER 9, 2012 COMMUNITY DEVELOPMENT CONFERENCE ROOM Present: Absent: Wiggins, Waggoner, Oakley, Penn, Habenicht, Lay, Olson, Moore, Woodward Bums Also present: Yasser Abouaish -City Engineer, Stu Fonda -Director of Utilities and John Bock -Utilities Admin. Manager. The meeting was called to order at 5:03 p.m. 6 1 1. MINUTES OF THE SEPTEMBER 12, 2012 WATER BOARD MEETING. PHONE VOTE -SEPTEMBER 18, 2012. The Minutes of the September 12, 2012 meeting were approved as written, per the phone vote on September 18, 2012. D 2. LETTER FROM CHARLES NICHOLS -2808 E. WEA VER PL. Ms. Charles Nichols appeared to request a reduction on their high sewer bill. The Board recommended that staff adjust the bill. Motion: To make an adjustment on the sewer bill for 2808 E. Weaver Pl. Moved: Penn Seconded: Lay Motion passed unanimously. I -I ~! 3. REACTIVATION OF CERTAIN INSIDE CITY INTERCEPTOR BASIN AGREEMENT MAINTENANCE CHARGES. The Board received a memo from John Bock, Utilities Manager of Administration dated September 13, 2012 discussing the reactivation of certain inside City Interceptor Basin Agreement Maintenance Charges . The area of Englewood that drains to the Big Dry Creek Interceptor pays into an IBA fund for maintenance fees and capital projects. A re-evaluation of the Big Dry Creek Interceptor in 2007, conducted by Southgate Sanitation District, concluded that the capital capacity needs of the interceptor had been met, and that any remaining projects were not needed. Therefore, funds were returned, and Englewood elected to use these unused fees to pay the Big Dry Creek Interceptor maintenance fees for in-City customers. This fund has since been depleted and residents will see a resumption of these charges on their quarterly bills, which are approximately $12 to $16 per year. Tom Burns entered at 5:15 p .m. ~ 4. MOFFAT COLLECTION SYSTEM PROJECT ISSUES: TALKING POINTS MEMO FROM ANN RHODES, SPECIAL WATER COUNCIL. The Board received a memo from Ann Rhodes, Special Water Counsel, discussing talking points on the potential low flows below Chatfield Reservoir. Englewood has forwarded a response to Denver. Mayor Penn discussed this at the Mayor's Caucus and is planning to take it to the South Platte Working Group. Bl 5. SEWER UTILITY RA TES. The Board received a sewer utility revenue report and cash flow that presented a series of rate adjustments to provide adequate funds to operate and maintain the Bi-City Plant as well as the Englewood sewer collection system. This would also allow funds for several capital projects at the Bi-City Plant. The proposed increases would provide revenues that maintain an adequate fund balance and meet bond requirements. Motion: Moved: To recommend Council approval of the proposed resolution for increases in sewer charges that would result in increases of 4% in 2013, 4% in 2014 and 4% in 2015. Burns Seconded: Habenicht I -2 Motion passed unanimously. e 6. WATER CONSERVATION PROGRAM ELEMENTS. Yasser Abouaish, Utilities Engineer, appeared to discuss his memo outlining past, current and ongoing water conservation efforts . A more in depth update will be presented a future meeting. Y asser distributed copies of "Best Management Practices for Water Conservation & Stewardship." E l 7. MEMO DATED SEPTEMBER 26, 2012 TO STU FONDA REGARDING ADVANCED BILLING FOR SANITARY SEWER SERVICE. The Board received a memo from John Bock, Utilities Manager, dated September 26, 2012, regarding advanced billing for sanitary sewer service. The Board also received a copy of Englewood Municipal Code 12-2-3 -Fees and Charges. Mr. Derby, an outside district sewer customer, has expressed opposition to the existing sewer billing practice. The Board directed staff to not change the advanced billing practice. Motion: To continue the established advanced billing practice for outside sewer district customers. Moved; Waggoner Seconded: Oakley Motion passed unanimously. 61 9. INFORMATIONAL ARTICLES : "USA TODAY ANALYSIS: NATIONS WATER COSTS RUSHING HIGHER." (ATI. 3) The Board received the above mentioned informational article. )-3 El 10. REQUEST TO REMOVE LATE FEE -7272 S. COLORADO BL VD. Mr. Simpson of 7272 S. Colorado Ct. requested that his late fee be removed. The Board received a copy of his bill. Motion: To deny Mr. Simpson's request to remove the late fee on the sewer bill for 7272 S. Colorado Blvd. Moved: Waggoner Seconded: Oakley Motion carried unanimously. 11. OTHER. Mayor noted that Englewood is now on Facebook. The meeting adjourned at 5 :55 p.m. The next Water and Sewer Board meeting will be Tuesday, November 13 , 2012 at 5:00 p.m. Respectfully submitted, Cathy Burrage Recording Secretary l -L\ WATER& SEWER BOARD PHONE VOTE -THURSDAY, OCTOBER 11, 2012 Phone Vote Roll Call. Contacted: Clyde Wiggins, Chuck Habenicht, Tom Bums, Kells Waggoner, Jim Woodward, Linda Olson, Joe Lay, Wayne Oakley, Randy Penn Not Contacted: John Moore 1. MINUTES OF THE OCTOBER 9, 2012 MEETING. Motion: Approve minutes of the October 9, 2012 Water and Sewer Board meeting. Moved: Woodward Seconded: Waggoner Abstain: Olson, Moore, Lay Motion passed unanimously. The next Water and Sewer Board meeting will be Tuesday, November 11, 2012 at 5:00 p.m. in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary 1-s Englewood Water Conservation Plan Components • Task 1. Profile the Existing Water System • Task 2. Characterize Water Use and Demand Forecast • Task 3. Profile Proposed Facilities • Task 4. Identify Conservation Goals • Task 5. Identify Water Conservation Measures and Programs SUBMIT 50% REPORT • Task 6 Evaluate and Select Conservation Measures and Programs • Task 7 Integrate Resources and Modify Forecasts SUBMIT 75% REPORT • Task 8. Develop Implementation Plan • Task 9. Monitor, Evaluate and Revise Conservation Activities and the Plan • Task 1 O. Public Outreach and Participation Project Schedule Updated 10-30-2012 Grant application submitted to CWCB CWCB approves grant and P .0. issued Meeting with Consultant to coordinate task delivery Submit 50 % progress report to CWCB Submit 75% progress report to CWCB Deliverable Date 5/24/2012 7/21/2012 9/19/2012 11/5/2012 12/5/2012 Submit final draft to Water & Sewer Board and City Council for review 1110/2013 Collect Water & Sewer Board and City Council Comments Notify public of draft plan in official newspaper Public review period (60 days) Council formally adopts final draft Submit final plan to CWCB CWCB approves plan (60 days) 2-1 1124/2013 2/8/2013 5/1/2013 5/20/2013 5/2112013 7/22/2013 HB04-13 Water Conservation Act of 2004 • The Water Conservation Act of 2004 requires that all covered entities must have an approved water conservation plan on file with the State. What's a covered entity????? •Water Providers with an annual demand of 2,000 acre-feet or more •Approved plans are required to obtain a loan from the Colorado Water Resource and Power Authority or CWCB ' Drouu:ht MitiealLnon Water Resource Conservation Publiic Educa1tion &Uutreac Grants Water Conservation lmn1emen1tati.on Water Conservation Plann1n Administered by the Office of Water Conservation & Drought Planning (OWCDP) 9 Step Planning Process • Step I -Profile Existing System • Step 2 -Water Use Demand Forecast • Step 3 -Proposed Facilities • Step 4 -Conservation Goals • Step s -Indentify Conservation Measures & Programs • Step 6 -Evaluate and Select Measures and Programs • Step 7 & Step 8 -Integrate Resources and Modify Forecasts • Step 9 -After Full Implementation -Monitor, Evaluate, and Revise Conservation Activities and the Plan. Summary • The City applied for and received a grant to complete the Water Conservation Plan. • We have defined roles with City staff to complete the plan jointly in an effort to have staff learn the process. • Once the plan is completed and approved by the State, there is additional grant money available for implementation and other planning such as Drought Management Plans, Rate Studies, etc. b. O c ·-c c ro '- " • c. . c r; l j 0 = ·- 0 .. . . . . . . , ro ·~ > ~ !i i - r; l j QJ OJ V> = c 0 O' u !i i - OJ +- ' ro $ Conservation Measure or Program Further CWCB Existing Evaluation Requirement Comment .,.r. .. lflr. Supply side Water Meter Conversion PrOQram x Yes measures & When they have an issue with a Bill, then they check programs Meter Testing and Replacement Program Yes and replace meter Sub-Meter Mobile Home Parks No ReQu ire sub-metering in new multi-family housing No Listed in 1997 water conseNation plan Installing Meters in the Distribution System to Pinpoint Leak Areas No Leak Detection & Repair PrOQram Yes x Are local companies that do this Leak Detection for Master Meter Communities No Leak Detection in Mobile Home Parks No Billing Software Upgrades x Yes Just uooraded -Will uoorade every 2-3 years Water provider facility fixture upgrades (indoor and outdoor) No Recvcling WTP Filter Backwash x Yes Recycle 100% of water 1water Heuse ::;ystem x Yes x !'6• tll 0 111 11111•• . "" Demand General Evaluation of Water Provider Pol ici es side that Encouraoe Water Savin os Yes x measures & Restrictive Covenants Ordinance No programs Water Restrictions-Hours/Days No Water Waste Ordinance Yes Yes Irrigation System Requirements/Standards for New Construction Yes Landscape Standards for New Development No Turf and Landscape Restrictions/Standards for New Construction Yes New Landscape/Lawn Permits No Soil Amendment Ordinance for New Landscaoes No Requiring Wind and/or Rain Sensors for Commercial and Ooen Space lrrioation No Temporary Irrigation Taps for Native Landscaping No Restrict High Water-Use Turf on Medians or 6: 1 Slopes No 25% of Lot Irrigation Restriction (Boulder County) No Decorative Water Feature Reouirements/Standards for New Construction No Boiler/Heating System Requirements/Standards for New Construction No Alreadv in Plumbina Code Car Wash Efficiency Requirements/Standards for New Construction No Already in Plumbina Code Cleaning and Sanitation Requirements/Standards for New Construction No Already in Plumbing Code High Efficiency Appl iance Reauirements/Standards for New Construction No Already in Plumbina Code Laundry and Laundromat Reau irements/Standards for New Construction No Already in Plumbina Code Low Water Use and Appliance Codes No Require Insulation for Hot Water Piping for New Construction No Already in Plumbing Code Single Pass Cooling System Prohibitions for New Construction No Alreadv in Plumbina Code Drought Management Plan x Yes Grant available! , -.. ·-·-----·-·-· Removal of Phreatophytes e .g . Cottonwoods x No public Conservation Measure or Program Further CWCB Exlstin Evaluation Requirement Comment Demand . . side Water Rates that encourage water savings Mavbe Inclining Bl R t ater Rate Structure measures & Water-savina demonstrations Yes x Educational Kits Yes programs Customer Surveys and Focus Groups No Desianated Water Conservation Officer Yes Public Education -Newsletter, Bill Stutters, Website Yes x Dissemination of water efficiency information Online Access to Water Bill and Historv Yes Will be doina this startina 2013 http://www.glendalewaterandpower.com/s ave_money/ Water Use Ca lculator Yes water calculator.asox Send ET Irrigation Schedul ing in Water Bill Yes Example: Northern Brochure/ Denver Water Web Post commercial BMPs on website or as bill stutters Yes Promote Car Wash BMPs Yes Promote HosPitalitv BMPs Yes Promote Restaurant BMPs (See Denver Water's http://www.denverwater.org!Conservationrrips T ools!C list of BMPsl Yes ommerciaV Property Manager/HOA Education and Tra ining No Commercial/lrrigator Education and Training 0 Homeowner Education and Training (bi-linaual\ No School Education Program (K-12 Education and Currently have Water Day. Distribute CWEF maps, K-12 Teacher Education and Traininal Yes Yes water facilitv tours etc. EPA WaterSense Proaram Promotion Yes htto:/!www.eoa.aov!watersense/ Children's Water Festival No http://www.gree/eyWaterfest.org/index.html Xeriscaoe Garden Demonstration Yes No At WTP -Can tour w/ 24-hour notice Provide or make available Xeriscape Information No Refer to Denver Water Xeriscape Gardenino Classes No Refer to Denver Water Xeriscape Program for Commercial No Refer to Denver Water Xeriscape Program tor Open Space {HOAs) No Refer to Denver Water -. Rebate programs for toilets , clothes washers , dishwashers, faucets and showerheads No x http://www.denverwater.org/Conservation/Rebates/ Toilet Rebate (Low Flow, Dual Flush , Waterless , etc.) No x Commercial rebates -Toilets , etc. No x Irrigation system rebate for residential and commercial No Rebates for ET (SMART) sprinkler system http ://www.rainbird .com/landscape/products/controllers controllers No /etmanaaer.htm http://www.rainbird.com/homeowner/products/timers/R Wind and/or rain sensor rebates for residential No SDrainsensor.htm Mulch Rebate/Incentives No Soil Amendment Rebate/Incentives No Soil Moisture Probes Rebate/Incentives No Turf Replacement Rebate/Incentives No http ://www.snwa.com/rebates/wsl.html -$1 .50/sa ft Commercial & Industrial water audits Yes x Residential water audits Yes Use local clumbers Residential audit kit (do it yourself) No Irrigation System Audit & Improvements for Irrigation Taps No Sprinkler svstem audit kit and instructions No Water Conservation Product Giveaways (low flow showerheads , faucet aerators , etc.) No Distribute pre-rinse spray heads to restaurants & institutions No Distribute Toilet Retrofit Devices (bladders , toilet dams, early closure devices, etc.) No Low Income Retrofit Program No Xeriscace incentive for all cateoories No http ://www.fcgov.com/utilities/residential/conserve/ener Zero Interest Loans for Washers No gy-etticiency/zero-interest-loans Supply side measures & programs Demand side measures & programs Desionated Water Conservation Officer Public Education -Newsletter, Bill Stutters , Website Online Access to Water Bill and Histo Water Use Calculator Send ET lrrioation Schedulino in Water Bill Post commercial BMPs on website or as bill stutters Promote Car Wash BMPs Promote Hosoitalitv BMPs Promote Restaurant BMPs (See Denver Water's list of BMPs School Education Program (K-12 Education and K-12 Teacher Education and Trainin Yes Yes Yes Yes Yes Yes Yes Yes Yes x I Yes Yes x http://www. glendalewaterandpower. com/save_ money/Water_ calculator.asox http://www. denverwater. org/Conservation/Tips Tools/Commer ciall Date December 3, 2012 INITIATED BY Utilities Department COUNCIL COMMUNICATION Agenda Item Subject Southgate Supplement #168 STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their November 13, 2012 meeting, recommended Council approval of a Bill for an Ordinance approving Southgate Supplement #168. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatment to approximately 32,000 accounts outside the City through contracts with numerous connector districts. The area is defined by the natural drainage and extends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Ave. excluding Highlands Ranch. By contract the City of Englewood must approve any additions of land to be served by the districts. These are usually in-fill situations that are within what the City considers to be the area it has committed to serve. Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions. Annexation of this parcel of land will not increase the tap allocation of the Southgate Sanitation District. A request was made by the Southgate Sanitation District representing the owner, Martin Lawrence, for inclusion of Supplement #168 consisting of a parcel totaling 1 .8 acres into the Southgate Sanitation District for residential use. The property is currently zoned Residential. The purpose of the inclusion is to install a sewer line and connect to the existing sewer main in the street. The legal is attached as Exhibit "A". The property is located on the north side of E. Garden Avenue, east of Colorado Blvd. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for Ordinance Southgate Sanitation District Supplement #168 SGSUPP167 3 -I SUPPLEMENT NO. __ TO CONNECTOR'S AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF ENGLEWOOD, acting by and through its duly authorized Mayor and City Clerk, hereinafter called the "City," and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas Counties , Colorado, hereinafter called the "District," WITNESS ETH: WHEREAS, on the 20th day of June, 1961 , the City and the District entered into an Agreement in which the City agreed to treat sewage originating from the District's sanitary sewer system within the area served by the District, which Agreement was renewed by Connector's Agreement dated November 16 , 1988 and Amended April 20 , 2009; and WHEREAS, said Connector's Agreement provides that the district may not enlarge its service area without the written consent of the City; NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein set forth, the parties agree as follows: 1. The City hereby consents to the inclusion of certain additional area located in Arapahoe County , Colorado , owned by Martin Lawrence and more fully described on Exhibit A attached hereto and incorporated herein by reference , into Southgate Sanitation District. The City agrees that said additional area may be served with the sewer facilities of the District, and that the City will treat the sewage discharged into the City's trunk line from said additional area, all in accordance with the Connector's Agreement dated November 16, 1988 and Amended April 20, 2009 . Accordingly, Exhibit A referred to in Paragraph 1 of the Connector's Agreement dated November 16, 1988 and Amended April 20, 2009 , Is hereby amended to include such additional area. 2. Each and every other provision of the said Connector's Agreement dated November 16 , 1988 and Amended April 20, 2009 , shall remain unchanged. IN WITNESS WHEREOF, the parties have set their hands and seals this __ day of , 201_. ATTEST: CITY CLERK (SEAL) CITY OF ENGLEWOOD By:---------- MAYOR SOUTHGATE SANITATION DISTRICT, ARAPAHOE AND DOUGLAS COUNTIES, COLORADO By~ PRESIDE . EXHIBIT A (Legal Description) LOT 4, VILLAGE HILL, COUNTY OF ARAPAHOE, STATE OF COLORADO Also known as -5440 S. Colorado Blvd., Greenwood Village, CO 80121 3-3 ·I i.· i ~~ ... --'""!''""!' ..................... i http://swsd-app02/RA VIN/Default.aspx I ,. .. J" 11- ( I I l / ) / I I I / ,,,.'! I Page 1of1 10/1/2012 NARRATIVE · Subject property is 1.8 acres in size . Current and proposed land use is single family residential. It is anticipated that the current home will be demolished and a new home constructed in the spring of 2013 . ~-S Date December 3, 2012 INITIATED BY Utilities Department COUNCIL COMMUNICATION Agenda Item Subject Change to Stormwater Ordinance 1-B-3 (a) (6) (i)t STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their November 13, 2012 meeting, recommended Council approval of the Ordinance change to the Stormwater Section of the Englewood Municipal Code #12-5-9 regarding firefighting discharges to reflect "emergency firefighting," to allow compliance with the Colorado Department of Health's MS4 Permit. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Section l-B-3 (a) (6) (i) of the Municipal Separate Storm Sewer Systems (MS4) Permit allows discharges from emergency firefighting activities to be excluded from the prohibitions against non-stormwater discharges. The Englewood Municipal Code 12-5-9 does not have the word "emergency" included with firefighting discharges. If not limited to "emergency firefighting" the definition of "firefighting" may include maintenance of fire suppression systems and training, which may be a significant source of pollutant to the MS4. Englewood Utilities submitted a self-audit report to the Colorado Department of Public Health and Environment (CDPHE) in accordance with Part 11-A-8 on the MS4 Permit on October 15, 2012 to reflect that Englewood Utilities is progressing to be in compliance. Being that the exact language used to identify the firefighting discharge in the Englewood Municipal code must be provided with the required submittal , it would be prudent to amend the Englewood Municipal Code 12-5-9 -Prohibited Discharges to reflect stormwater discharge would be a result of "emergency firefighting." FINANCIAL IMPACT None. LI -I LIST OF ATTACHMENTS Bill for Ordinance Stormwater ord . change 9-4-12 .doc ORDINANCE NO. SERIES OF 2012 BY AUTHORITY COUNCIL BILL NO. --- INTRODUCEDBYCOUNCIL MEMBER ------ A BILL FOR AN ORDINANCE AMENDING TITLE 12, CHAPTER 5, SECTION 9, OF THE ENGLEWOOD MUNICJP AL CODE 2000, ENTITLED PROHIBITED DISCHARGES. WHEREAS, Section lB, 3(a)(6)(i), of the Municipal Separate Storm Sewer Systems (MS4) Permit allows discharges from emergency firefighting activities to be excluded from the prohibitions against non-storm water discharges; and WHEREAS, the Englewood Municipal Code 12-5-9 does not have the word "emergency" included with firefighting discharges; and WHEREAS, if not limited to "emergency firefighting" the definition of"firefighting" may include maintenance of fire suppression systems and training, which may be a significant source of pollutant to the Municipal Separate Storm Sewer Systems (MS4) Permit; and WHEREAS, the exact language used to identify the firefighting discharge in the Englewood Municipal Code must be provided with the required submittal; and WHEREAS, the passage of this Ordinance authorizes amending the Section 12-5-9, entitled "Prohibited Discharges" of the Englewood Municipal Code to reflect storm water discharge would be a result of "emergency firefighting"; and WHEREAS, the Water and Sewer Board recommended the approval of this amendment regarding firefighting discharges to reflect "emergency firefighting" to allow compliance with the Colorado Department of Health's MS4 Permit at their November 13, 2012 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 2 Chapter 5, Section 9, of the Englewood Municipal Code 2000, entitled Prohibited Used to read as follows: 12-5: STORM WATER UTILITY AND ENTERPRISE FUND y -3 1 12-5-9: Prohibited Discharges. A. It shall be unlawful for any person to discharge or cause to be discharged to the storm drainage system any polluting material or any other material which is not composed entirely of storm water. B. It shall be complete defense to the application of this section that such discharge was made pursuant to an "NPDES" storm water discharge permit or resulted from emergency firefighting activities. C . Except as such may be identified by the City as sources of polluting materials , this section shall not apply to the following categories of non-storm-water discharges: 1. Water line and fire hydrant flushing ; 2 . Water-based fire suporession system testing: ;! ,l. Landscape irrigation; ~· Diverted stream flows ; -4~. Rising ground waters; ~· Uncontaminated ground water infiltration into the storm drainage system; 61. Uncontaminated pumped ground water; +8. Discharges from potable water sources; &2. Foundation drains ; 9 .lil. Air conditioning condensation; .Wll. Irrigation water; H.12. Springs ; +2:13 . Water from crawl space pumps ; HM. Footing drains; -1412. Lawn watering; ~16 . Individual residential car washing; +011. Flows from riparian habitats and wetlands ; H 18.. Dechlorinated swimming pool discharges ; and -l&ll. Street washwater. LI -L\ 2 D. Any person who violates any provision of this section shall be subject to a civil penalty of not more that nine hundred ninety-nine dollars ($999 .00) per day during which such violation occurs or continues, or, upon conviction, a criminal penalty punishable by a fine of not more that nine hundred ninety-nine dollars ($999.00) per day during which such violation occurs or continues or by imprisonment for not more than three (3) months or by both. Section 2 . Safety Clauses . The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3 . Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances . Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5 . Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered , entered, or made in such actions, suits, proceedings, or prosecutions . Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full , and passed on first reading on the 3rd day of December, 2012 . Published by Title as a Bill for an Ordinance in the City's official newspaper on the 7th day of December, 2012. Published as a Bill for an Ordinance on the City's official website beginning on the 5th day of December, 2012 for thirty (30) days. Randy P. Penn, Mayor ATTEST : Loucrishia A. Ellis, City Clerk ~-5 3 I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 3rd day of December, 2012 . Loucrishia A. Ellis L\ -lo 4 10/27 /2012 DEMAND FOR SETTLEMENT OR ARBITRATION Via Certified Mail 7011 3500 0002 9066 8981 John Brock City of Englewood I 000 Englewood Pkwy Englewood, CO 80110 Mr. Brock: Given your attached letter dated 10/11/2012, and no response from Englewood's Mayor-regarding my complaint, I have decided to pursue Englewood's abusive policy regarding advanced payments with the State Legislature's next session. I have discovered this is a common complaint with property owners, and there seems to be some significant interest in amending the Colorado Revised Statutes specifically to offer recourse against municipalities. I demand the following: A Or , B 1. Remove all penalties & interest from my account. 2. Send me an accounting for services actually provided and/or billed (with penalties and interest removed) since my acquisition of this property in May 2010, payments provided for the property and what your office shows as the balance owed on those services. 3. I acknowledge that Englewood is billing in advance for approximately a year at a time, and your current bill for my property probably runs to about 8/31/2013. 4. I will send you full payment within 3 business days ofreceipt of the above. Have the City of Englewood initiate an arbitration proceeding against me with one of the nationally recognized arbitration associations. Jack A. Derby, III CFP"', AIP 660 I S. Steele Street Centennial, CO 80121 ..) -\ " ~~.-J~ ~! ·.' -.; ::~ ..... --· . .. . . ;. . ' " . .,_,. . . ' . '.:l :.:·~'. ·r·:·. _ _.f ;~!(' f£i:)qi.tJi¢, ~or . '-<>f0.klilh'bma. · ioo . .' Q ·, eDeny~?iE gio~t -:Wa-ti:n~~·he = .;;-.?.Ar'29:~9 '.i,iV~~~r 'ri,~t :~fferfu." J;i.y .' .. f~r: ·: . . . . ·!(~'C~~:,":~~4L-:;· !j,t;.,.,, ·:---::,. "•··' · · Vfie · .. wat ·r :ll61dhl -:'i<estirn~tie'd .thiS~ · wo.ill'd!fike1to£96."i'S'.:us'f?i;me ;i: I. ·. O ~i ~~'.'fi\i ,;~Q~by · #).!t:~t:~~. ~=..c::::~~'. . :~i iii{f&<i&~ a$ •Jj,~ts to, 0W,~t.e.r1 ~,~~~~:tp~k; · -~~! ~lli~,~~9¢Jc5 ~«:!'.county's ini?al munjties, iµcltj;~g :c~tle. RQ.~ ~d .. · ",lf'.W.¢ f;~JJJ;.iµg·.~ ~~~ev \~gtq ... , ... j.C(,)p.J!~l"c'ent:ti,f\$e . ~pptqval 4~t . ye~ .of the Sterllng proP,qs~l;i;~~.~~ ~.Q\lt~s ,~ql,'ij\ ~'d ~.U~s..;~-bU:setild$tpf-Oµftimt , :~t~r :f§r, :si~tll.4~;'ltjinch jS froip -r~ ~t:h P,rQf¢<it; · : . . . . · · . · · · south of Greerilarid as .far· as 25 ttrlles·" ·use the<gfoub.dwater as a b· ;_:p,ewab~~,'i!Pw~es;~Qi:;:h;;iS>riV.¢rs;-!t;ather 'G~tintr,. ci~Inm,iss.~9.~~rs in'cr~~g-: . ~U()b ; ol)h.~: ~c~9.t-Uttya~izjitfcy~ . ~,~,~~U,~t.·~~~~e:::~~ i.'tg·iii;i t~p~:.f~t,i~~·,!ie.Pil~pP,p 'a~ttj,~ · lr ~ctji_t ' ··.·::.~~f~'-gi?W:,~~t . p,roposaI~ atong ;~olqJ.:flPO~s Froµt .~gc. ;reliei; r~¢V~~ ~ui ·triembe~~,;ar.e"l~ fl:fer!l.-lletV{~-jl)~~y~r a:n;~··:<:;olpr.a~q ,t, ,. ;,li~v~ep~ug4 wa~er. on ·nenveri."l;lasin '.groimdwaf~r~,. with said'. · ·· · " Spririgs ·" :•, ,. ·· · · · ·'··" •W;mwto ·idlaw non 're-utllitie~ l>ui#~~g-'~¥~~~'.~_S:;o,oo · ' t\~~~'.::· ., : ;~·i ·.·9~,~M~; ~g ~id,.~i~:if ·f . .. " :. . ~~~~$,9~~~~~d~~~·a pe~~ acre-feet'~year'frqtn,hundie~ 0.fmµ~ · .~~ce ~.niey: 3(?3•954,._1700 ! '•fg.rc: . Jl:U$~·~S · b~ck ·µ>:t0 nan-rl!7 )l!!Ji!..f'Wat~,l[ -&~p,ply• ag~··J,Il Dou~ nicipal we1Is as d~ep :.as · 2,;zoo .f~e,~. .· t°Wirter•com/fintf&.!iruce or . iiewablt! watei,;WJilcll'.i~:thflast;t~g . :9~tfucy/' · s?i~: -:C~#i~!ssI~~~r St~~ . TJlls ~s re.sult~d ·i,n . a ,~eperal de~,~-. b~itley@cienverp<>st.t:om l, -I t THE DENVER POST • DENVERPOST.COM • FRIDAY, SEPTEMBER 14, 2012 BUSINESS «1-9~ . . ' . I. ' ' ' ~. '! • .' \ , ·: ' , " ' ! ·, , ' ~ ·' . • , r, ;' .: ' , , '. • • •, ;. l, ~_,. ! ' Provaznik, Sterling Ranch utilities director, and Harold Sme(~;, Sterlirig R.arich's managing diiector, loo~ doWl>, a holding \v~ll Tuj!sday trvest rainwater. Douglas County developers have been enconraged to ai,iopt 'teJiewable.:water strategies. RJ Sangosti, The D~nve~ Post