HomeMy WebLinkAbout2013-06-11 WSB AGENDAWATER& SEWER BOARD
AGENDA
TUESDAY, JUNE 11, 2013
COMMUNITY DEVELOPMENT CONFERENCE ROOM
1. MINUTES OF THE MAY 14 , 2013 WATER BOARD MEETING. (ATT. 1)
2 . GUEST: JOE TOM WOOD -MARTIN & WOOD -MEADOW CREEK
RESERVOIR HISTORY. (ATT. 2)
3. BOW MAR SANITATION DISTRICT CONNECTOR'S AGREEMENT.
(ATT. 3)
4. WATER CONSERVATION PLAN 30 DAY UPDATE & BUDGET.
(ATT. 4)
5. UPDATE ON AMENDMENT #5 FOR UV PROJECT. (A TT. 5)
6. MS4 STORMW ATER PERMIT -ENGLEWOOD SCHOOLS . (ATT. 6)
7. BOARD APPRECIATION NIGHT -MONDAY, JUNE 24, 2013 AT 6:00 P.M.
IN THE COMMUNITY ROOM. (A TT. 7)
8. OTHER.
WATER & SEWER BOARD
MINUTES
TUESDAY, MAY 14 , 2013
Present: Oakley, Wiggins, Habenicht, Waggoner, Moore, Woodward, Bums, Olson
Absent: Lay, Penn
Also present: Yasser Abouaish -City Engineer, Stu Fonda-Director of Utilities , John Bock,
Utilities Manager of Administration.
The meeting was called to order at 5:04 p.m.
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1. MINUTES OF THE MARCH 12 , 2013 MEETING AND PHONE VOTE OF MARCH
19, 2013.
The Board had previously received the Minutes of the March 12 , 2013 Water Board Meeting and
the resulting phone vote of March 19, 2013.
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2. SHERIDAN SANITATION DISTRICT NO. 1 WASTEWATER CONNECTOR'S
AGREEMENT.
There are approximately 300 taps in the Sheridan Sanitation District No . 1. In the Connector's
Agreement, Sheridan Sanitation district No. 1 will continue to own the lines and be responsible
for capital improvements in the sewer system. The City Attorney 's office has reviewed and
approved the standard Connector's Agreement.
Motion:
Moved :
To recommend Council approval of the Sheridan Sanitation District No. 1
Wastewater Connectors Agreement.
Waggoner Seconded: Habenicht
Motion carried unanimously.
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3. AMENDMENT NO. 5 -ALLEN WATER TREATMENT PLANT ULTRA VIOLET
DISINFECTION SYSTEM CONNSTRUCTION SERVICES.
Tom Brennan, Utilities Engineer, appeared to discuss the Amendment No. 5 Scope of Work for
the Allen Water Treatment Plant Ultraviolet Disinfection System Construction Services for
additional services and scope of work in the amount of $64,530. The additional services
required are for a revised Building Department review process and bid period extension, change
of site conditions for gate replacement and gravity bypass coring and to perform a tracer study of
the clearwell with the UV disinfection facility in operation.
Motion:
Moved:
To approve Amendment Nb. 5 for the Allen Treatment Plant Ultraviolet
Disinfection System Construction Services in the amount of $64,530.
Bums Seconded: Waggoner
Motion passed unanimously.
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4. SOUTH GA TE SUPPLEMENT #170
A request was made by the Southgate Sanitation District repre senting the owner, Howard &
Jacqueline Bellowe, for inclusion of Supplement #170 consisting of a parcel totaling 1.1 acres
into the Southgate Sanitation district for residential use. The purpose of the inclusion is to install
a sewer line and connect to the existing sewer main in the street. The property is located on the
north side of E. Garden Ave., east of Colorado Blvd. at 5400 S. Colorado Blvd.
Motion:
Moved:
To recommend Council approval of a Bill for Ordinance approving Southgate
Supplement #170.
Moore Seconded: Bums
Motion carried unanimously.
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5. COUNCIL REQUEST FROM JOE JEFFERSON RE: WATER QUALITY.
The Board received an e-mail from Becky Campbell regarding contaminants in Englewood
water. Utilities staff responded with an attachment, "Tap Water Delivers," explaining the EPA
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and Colorado Department of Public Health regulations limiting the amount of contaminants in
water provided by public water systems.
6. BOARD AND COMMISSION APPRECIATION NIGHT.
There will be a Board and Commission Appreciation Night soci al on Monday, June 24, 2013 at
6:00 p.m. in the City Hall Community Room.
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7. FIRE SPRINKLER SYSTEMS IN NEW SINGLE FAMILY HOMES. ,,
The Board received a memo from John Bock dated May 7, 2013 discussing the newly adopted
Uniform Building Code that requires fire sprinkler systems in new, single family homes. A
resolution was proposed that Englewood Utilities will not charge tap fees or consumption
charges for fire protection. Also it was proposed that, if necessary to meet fire flow
requirements, the City will provide a 1" connection at the %'' water connection fee and charge
%" usage. rates.
It was noted that if a glycol system is used, a cross connection control device must be installed
and an annual inspection is required. Mr. Fonda noted a concern that subsequent owners would
not be aware of the annual inspection requirements. It was proposed to require the owner to sign
an agreement acknowledging the annual inspection requirement and that the agreement will be
recorded against the deed.
Motion: To adopt a policy requiring owners installing glycol fire suppression systems to install a
backflow prevention system and submit to an annual inspection. The agreement will be recorded
against the deed for informing future property owners.
Motion:
Moved:
To adopt a policy requiring owners installing glycol fire suppression systems to
install a backflow prevention system and submit to an annual inspection. The
agreement will be recorded against the deed for informing future property pwners.
John Moore Seconded: Habenicht
Motion carried unanimously.
John Bock will draft a resolution which the Board can recommend to City Council for adoption.
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8. ARTICLE FROM ENGLEWOOD HERALD, "WATER PLAN AWAITS COMMENT."
The Board received a copy of an article that appeared in the April 26, 2013 Englewood Herald
about the opportunity for residents to submit comments on the proposed water conservation plan.
The deadline for public comment is July 1, 2013.
A couple of comments. Englewood Herald, Citizen, web site and in Pipeline. Kells
recommended that educate residents on how to cut back on water usage.
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9. SELF GUIDED TOURS OF MEADOW CREEK AND BOREAS PASS DITCH.
The Board received packets for self-guided tours of Meadow Creek Dam and the Boreas Pass
Ditch. Joe Tom Wood will appear at next meeting to discuss Meadow Creek history.
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10. MR. MARK MOLNUA -10326 BLUFFMONT DR. -LA TE SEWER FEE.
Mr. Molnua submitted a request to have his outside sewer account late fee waived. Mr. Molnau
is a prior tenant renting from the prior owner of 10326 Bluffmont Dr.
Motion: To deny Mr. Molnau's request to have the late fee waived on the sewer bill for
10326 Bluffmont Dr.
Moved: Kells Seconded: Habenicht
Motion passed unanimously
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11. ALLEN PLANT SLUDGE.
Mr. Fonda discussed alum sludge disposal sites and options. A professional services contract
with Arcadis was discussed for dealing with the State for alum sludge waste disposal sites and
the option of sending it to the Littleton/Englewood Wastewater Treatment Plan,t for processing.
Arcadis has had experience in this field with Castle Rock. The Board approved using Arfcadis
in a professional services capacity, if a satisfactory contract can be negotiated. The contract will
be presented to the board at a future meeting.
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12. SUPREME COURT WATER EXCHANGE ISSUE.
Mr. Fonda reviewed the pending Supreme Court water exchange case with Denver. The judge
should be ruling June 4, 2013.
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13. MS4 PERMIT. ,,
Englewood's existing MS4 Stormwater Permit includes Englewood Public Schools.
Construction activities for the schools are controlled by the State of Colorado. If the schools
remain on the MS4 Permit, Englewood's permit could be in violation for activities of the
schools. Englewood schools can obtain an MS4 Permit. The Board agreed that they should
obtain their own permit. The Englewood Utilities Department would be available to show the
schools how to apply.
The meeting adjourned at 6:05 p.m.
The next Englewood Water Board meeting will be Tuesday, June 11, 2013 at 5:00 p.m. in the
Community Development Conference Room.
Respectfully submitted,
Cathy Burrage
Recording Secretary
I -s-
Joe Tom Wood 's Presentation to the Englewood Water and Sewer Board on Englewood 's
Cabin-Meadow Creek System (CMCS)
Purpose of Presentation -to better acquaint Mayor Penn and other Board members with
the history of the Englewood CMCS
• Original developer and appropriator -Dr. W . H. Bashor
• 1937 -Grand County decree in Case No. 657 confirming conditional water rights
to the Moffat Tunnel Water & Development Company
• 1954-Englewood 's purchase of the CMCS and its water rights
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• Circa 195 7-1964 -Englewood 's efforts to deli ver its CMCS water through
Denver 's Moffat Tunnel system
• 1961 -agreement with United States and Northern Colorado Water Conservancy
District to use the Colorado-Big Thompson project to deliver CMCS water to East
Slope
• 1964 -Water Exchange Agreement with Denver
• 1967 -agreement with the Grand County Irrigated Land Company (aka Vail
Ditch)
• 1969 -arrival of American Metal Climax, Inc . (Climax), and Modification of the
1964 Agreement
• 1975 -rights of way, fish flows , and 1975 completion of the CMCS
• 1980 -Division 5 Water Court decree in Case No. W-750-78 making the CMCS
di v ersion and storage rights absolute
• 1995 -agreement among Climax, Denver, and Englewood
• 2011 -Denver 's application in Division 5 Water Court seeking to confirm 2011
water rights at numerous locations, including existing points of diversion for the
Englewood CMCS water rights
May 24, 2013 -JTW
A 17., 2
Date
August 5, 2013
INITIATED BY
Utilities Department
COUNCIL COMMUNICATION
Agenda Item Subject
Bow Mar Sanitation District
Connector's Agreement
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
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City Council approved a standard Sanitary Sewer Connector's Agreement in January, 1988.
RECOMMENDED ACTION
At their June 11, 2013 meeting the Englewood Water and Sewer Board recommended Council
approval of the Bow Mar Sanitation District Wastewater Connector's Agreement.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
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 attached
agreement addresses this service with the district that owns and maintains the sewer mains.
In the Bow Mar Water and Sanitation District there are approximately 93 taps. The Bow Mar
Sanitation District Sanitation District will continue to own the lines and will be responsible for
capital improvements in its system. The attached map shows the Bow Mar Sanitation District
boundaries.
The City Attorney's office has reviewed and approved the standard Connector's Agreement.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Resolution
Bow Mar Sanitation District Wastewater Connector's Agreement
Map
Connectors Agr -Bow Mar San . Dist.doc
A -r-r" 3
WASTEWATER
CONNECTOR'S AGREEMENT
For Districts
4/19/2012
Revision
Sewer Contract No. ___ _
THIS AGREEMENT, made ~d 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 the BOW MAR WATER AND SANITATION DISTRICT, a guasi-municipal
corporation and st;bdivision of the State of Colorado, hereinafter called "District," acting by and
through its authorized Representative.
WITNESS ETH
WHEREAS , the City owns and Qperates 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 serve the District for treatment of sewage under
ce1tain condiiions;
NOW, THEREFORE, IN CONSIDERATlON of the promises and for other good and
valuable consideration hereinafter set forth, it is muiually agreed by the parties as follows:
1. The City hereby agrees under the conditions herei,nafter set forth, to treat the sewage
originating from the District's sanitary sewer system within the area setved by the
District as approved by the City and as indicated in the description attached hereto,
incorporated herein and marked a:s "Exhibit A."
The District specifically agrees to prevent sewage from any area other than that
described herein, from being discharged into the District's sanitary sewage system
c01mected to t.he City's trunk line and to prevent connections to the system from or in
apy 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 ntles 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 pennits, including those of the Environmental 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 nbt furnish any information
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
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attempt to maintain and provide infonnation 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 perm.ltting requirements shall be
followed b y the District and its users. All sewer plans, specifications and methods of
work within the District &hall be submitted to the City in writing and approved by the
City prior to arty construction or tap in the District's designated area. No pennit shall be
final and no serV"ice 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~:ms which have been determined by the District or the
City to be detrimental to the City's treatment process or syst em. Shoqld the City
determine-that any discharge enters the sewer system contrary to applicable l<iws,
ordinances, 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 . The City shall have the right to allocate service under this Contract; and the City may
deny additional service for any utility-related reason, but in no event wlll the City
terminate or refuse any service without cause. The 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 the City with an estimate of
the number of equivalent service taps needed for the next five (5) years under current
zoning and planned build out in the District's area as shown on Exhibit A. The District
shall continue to rnqnitor zoning changes within its area to estimate its tap requirements
and provide the City with notice of tap requjrement for the next five (5) year period
which time shall be given to the City on each anniversary date of this Agreement in a
form satisfactory to the City.
6. The City may impose and collect reasonable 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.
The City shall bill the District users directly for all applicable City charges for services
rendered under this Agreement. Should any user not pay the City, the Ci ty 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, the City shall give the District forty-
five (45) days advance written notice.
The City may bill and collect "District Charges" imposed by the Districts as an
additional item to be billed and collected by the City along with the City's Treatment
charge and other fees . The "District Charges" received by the City shall be remitted by
the City to the District annually; less an amount equal to the City and District charges
which remain delinquent. The District shall notify the City of any changes in the Dist rict
charges to b e imposed and the remittance schedule before May 1st of each year .
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7. Subject to the tem1S of the Taxpayer's Bill of Rights (TABOR), the tenn of this
Agreement is for a period of three (3) years from the date of execution and automatically
renewed for six ( 6) subseq~ent three (3) year periods unless either party gives a
minimum of six (6) months Written notice. during Which time the District agrees that all
effluentproduced 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. The City
agrees, during the term hereof, to treat said effluent and to maintain :Wequate facilities
for treating the same.
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 the City asSlm1es 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; anype1mits
incidental to the use ofttie City's sewage lines shall be governed only by this individual
Contract with the District and the City does not, by this Contract, offer treatment service
except in strict accordance with the tenns hereof. This Contract does not offer, and shall
not be construed as offering, sewage treatment service to the pub1ic 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 shoulc.l a decree or order of a court
render void or unenforceable any provision of this Contract, in whole or in part, the
remain9er 11hall rcmau1 in full force and effect.
12. The District shall enforce this Agreement and .ea:ch 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 the City for services;
b. .A.J.1y violation or noncompliance by such user with the terms of this Agreement;
c . Any violation or noncompliance by such u..~er with the applicable laws, rules,
permits or regulations of the Ci~y, the United States government, including the
EPA, the State of Colorado, the Department of Health, or other law, nile, permit or
applicable rebiulation.
13 . Continued breach ofthis 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, the 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 br any of its users as is necessary to protect the City 's system and operations.
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The prevailing party shall be entitled to expenses and costs of suit, including attorney
fees.
14 . Should more than one district be connected to a sewer line, all 9istricts on the sewer line
who are in breach of this Agreement shall be jointly and severally liable for any $UCh
breach of this Agreement and each such district shall immediately, after notice, rectify
any problem or condition detrimental to the treatment process arising within its legal
boundaries . When more than one district is connected to a sewer line, and the City
discovers any violation of the tenns 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 developt:d or accumulated by the City pertaining to such breach.
Nothing contained herein shall preclude a claim for mdemnity or contribution by any
District against another District connected· to a. common sewer line. CRS-13-21-11 l.5,
as amended shall govern the petcentage 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 . 111is Contract shall not be used as a 1 egal defense or prohibition to the i.:nanO.atory
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 governmental entity
creat.ed to assume responsibility for sewer service in the area in which both the City and
State are a part under statlitory or constitutional authority.
CITY OF ENGLEWOOD, COLORADO
, Mayor
ATTEST:
, City Clerk
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BOW MAR WATER AND SANITATION DISTRICT
STATE OF COLORADO
COill\~YOF~~
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The foregoing instrument was acknowledged before me this _1!!:._ day of .flla:J
20J.3_,by
Witness mY han<;I and official seal.
My Commission expires: ~1/<L ~~~~
/NOTARY PUBLIC
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~· City of Englewood
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CITY 0 F ENGLEWOOD
MEMORANDUM
TO: Englewood Water and Sewer Board
FROM: Yasser Abouaish, Utilities Engineer IV,_
June 4 , 2013 DATE:
RE: Water Conservation Plan Update
• Denver Post Hub coverage (see attached)
• A number of citizen comments have been received
• The public comment period (60 days) ends July 15
• Comments will be compi led , consolidated and/or catalogued
• The Water Conservation Plan Appendix will include all comments
• All comments will be addressed (some may require a plan update)
• Plan budget update: Received from CWCB -
Paid CWS
L/ -I
$38,000
$20,000
1000 Engl ewo od Parkway Engle w ood, Colorado 80110 Ph o ne 303-762-2635
www.englewoodgov.org \
\
denverpost.com
Your
Englewood creates water conservation plan, seeks input
City hopes to realize a 10 percent savings
Posted: 05/29/2013 05:41:18 AM MDT Updated: 05/29/2013 05 :41:18 AM MDT
Author: Clayton Woullard
Tags: Staff Stories News
About the Author
• Clayton Woullard .&.. E·M•ll ' <WO"l•«l@doow,po<toom
' '
Englewood has produced its first water conservation plan since the 1990s and is looking for the public's
input.
The plan is the requirement of a $46,000 grant from the state water conservation board . The grant
money is for the city's water program with the caveat officials come up with ways to save water around
the city. The water conservation offers about 55 water-saving measures for municipalities and utilities to
pick from, and Englewood will ulti mately pick about 15 that best fit the city's needs, said Vasser
Abouaish, utilities engineer for Englewood .
These measures will be implemented over the next 10 years . Abouaish said the goal is to implement
water efficiency that results in 10 percent water savings from 2012 usage . Implementing the program
results in the city qualifying for lower-interest loans for water prog rams .
Some of the measures include converting customers on a flat wate r rate to a metered system to allow
them more control over their water bill.
A second program is to audit non-residential -commercial or industrial -customers and help them
realize savings by making the large meters more efficient so water usage is lessened.
"This type of diversity of programs allows us to reach each category of customers and that's what the
goal is, to have a balanced program to reach all customers," Abouaish said.
July 1 is the last day for public comment. Officials will take the comments into account and city council
will then vote on the plan. It will then be sent to the state.
MORE INFO
For more information, go to englewoodgov.org.
Clayton Woullard: 303-954-2953, cwoullard@denverpost.com or twitter.com/yhclayton
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TO:
FROM:
DATE:
RE :
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CITY 0 F ENGLEWOOD
MEMORANDUM
Englewood Water and Sewer Board
Yasser Abouaish, Utilities Engineer wH
June 4, 2013
Allen Plant UV Project Updates
Modifications to Addendum #5 were authorized for the COM Smith contract last month
will be forthcoming . Savings expected to be approximately $25,000.
A meeting with the CDPHE Drinking Water Quality Division was held last month to
discuss their requirements. ·
Staff made progress on the following issues:
Water quality monitoring and reporting requirements
Documenting "out-of-spec" water
Enhanced filter performance and additional log-removal "credit"
Reservoir tracer study for the chlorine contact time (CT) requirement
Construction contract budget update.
Budgeted -
Spent as of 6/13
Remaining
$3.952 million
$2 ,207 million (56%)
$1. 7 45 mi Ill ion
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1000 Engle w ood Park w ay Englewood, Colo rado 80110 Phon e 303-762-26 3 5 ·
www.englew oodgo v.org
C IT Y 0 F ENGLEWOOD
MEMORANDUM
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TO: Englewood Water and Sewer Board
FROM: Yasser Abouaish, Utilities Engineer IV
DATE: June 4, 2013
RE : MS4 Storrnwater Permit -Englewood Public Schools
Per the May 14, 2013 Water Board Minutes, the Board concu rred that the Englewood Public
Schools should obtain a separate MS4 Stormwater Permit. With a permit separation, a
stormwater violation from an illicit discharge by either party will not be reflected on the other
entity.
Attached is the Ordinance , Series 2005 that shows the intergovernmental agreement that will be
amended.
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1000 Engl ewood Park way Engl ewood, Colorado 80110 Phone 30 3-762-2 6 35
www.englew ood1w v.org
ORDINANCE NO.
SERIES OF 2005
BY AUTHORITY
COUNCIL BILL NO. 12
INTRODUCED BY COUNCIL
MEMBER WOLOSYN
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND ARAPAHOE COUNY
SCHOOL DISTRICT NO. 1 FOR A MS4 STORMWATER PERMIT.
WHEREAS, the Stormwater Fund was established in 1993 to provide system
maintenance, NPDES permitting, plan reviews and field locates but did not provide for
major capital improvements and reh'abilitation; and
WHEREAS, the City has· drafted an application to the Colorado Water Quality
Control Division for approval of a MS4 Stormwater Permit; and
WHEREAS, the Arapahoe County Schqol District No. 1, Englewood Schools has
been classified as a "nonstandard municipality" for the purpose of obtaining a MS4
Permit; and
WHEREAS, in lieu of developing the School District's own program and obtaining a
separate MS4 Stormwater Permit, the School District would like to participate with the
City and be covered under the City's Stormwater Application and permit; and
WHEREAS,. the City is willing to include the School District's property with the
City's application, upon the condition that the School District sign an
intergovernmental agreement for development, implementation and enforcement of
Englewood's Municipal Stormwater Program within Englewood's and the School
District's boundaries; and
WHEREAS, the passage of this Ordinance will authorize a intergovernmental
agreement between the City and the Englewood School District for the MS4
Stonnwater Permit; ·
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Intergovernmental Agreement between Arapahoe County School
District 1 and the City of Englewood, Colorado for the School District to be covered
under Englewood's stonnwater application and MS4 Stonnwater Permit, attached as
"Exhibit A', is hereby accepted and approved b)I the Englewood City Council.
Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal
the Agreement for and on behalf of the City of Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 18th day of April, 2005.
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9 b iii
Published as a Bill for an Ordinance on the 22nd day of April, 2005.
Read by title and passed on final reading on the 2nd day of May, 2005 .
Published by title as Ordinance No ._, Series of 2004 , on the 6th day of May,
20054.
', Douglas Garrett, Mayor
ATTEST:
Loucrishia A. Ellis , City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy of the Ordinance passed on final
reading and published by title as Ordin~nce No._, Series of 2005.
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Loucrishia A. Ellis
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INTERGOVERNMENTAL AGREEMENT
CITY OF ENGLEWOOD AND
ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1
THIS INTER GOVERNMENT AL AGREEMENT ("Contract"), . is entered into this
_day of , 2004, by and between the CITY OF ENGLEWOOD, whose
address is 1000 · Englewood Parkway; Englewood, · Colorado 80110 ("City"), and
ARAPAHOE COUNTY SCHOOL DISTRICT NO. I, whose address is -4101 S.
Bannock Street, Englewood, .<;olorado 80l10 ("District"). The City and the District
are jointly referred to as the "Parties" in this Contract.
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RECITALS
A. WHEREAS; the City has finalized its application to the Colorado Water ·
Quality Control Division ("Division") for approval of a Colorado Discharge Permit
System ("CDPS") Stormwater Management Program; ·
B. WHEREAS, the Division classified the City as a standard 1-'Iunicipal Separat~
Stormwater Sewer System ("MS4").
C. WHEREAS, the Division assignecj CDPS Permit No. COR-090056 to the City
("City's MS4 permit");
D. WHEREAS, the Division classified the District as a nonstandard municipality ·
for permit pµrposes;
E. WHEREAS, the City's MS4 permit boundary includes properties owned by the
District;
F. WHEREAS, the City is held responsible by the Division for all of the City's
MS4 · permit requirements; regardless of the agency which is performing the
implementation;
-G. \VHEREAS, the District wishes to be covered by the City's MS4 permit rather
than obtaining its own permit;
H. WHEREAS, the City agrees to allow the District to be included in its MS4
Permit under certain conditions;
I. WHEREAS, the City will be responsible for ensuring that the District complies
with its MS4 permit requirements; and · · .; ·
J. WHEREAS, the City and the District seek to define their obligations under the
City's MS4 permit by entering into this intergovernmental agreement.
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TERMS OF CONTRACT
NOW, THEREFORE, IT IS AGREED by and between the City and the District that:
1. GENERAL. The City and the District will have common and individual
program obligations . under the City's MS4 permit. Th~ City will develop common
program. obligations and provide these to the Pistrict. The District will be responsible
for imple~enting these programs on · property owned by the District within the
District's boundaries. The District's i:qdividual program obligations will be developed
and implemented by the District on behalf of the City to comply with the permit.
2. . RESPONSIBILITY FOR DISCHARGES. If the Division initiates an
. enforcement action against the CitY1,for a violation of the City's MS4 permit and the
discharges originate from a property or properties 6 •Yned by the District, then the
District shall be solely responsible for addressing any resulting enforcement measures
directed at the City by the Division. If the discharges originate from a property or
properties other than thos·e owned . by the District, then the City .shall be solely
responsible for addressing the Division's enforcement measures.
3. MINIMUM CONTROL MEASURES .. The District and the City shall be
responsible for implementing six (6) minimum control measures ("MCM") as
described below.
a . MCMl Public Education and Outreach.
i. The District asserts that the Division has agreed to consider the ·
District's one-time distribution of its template materials to the District's
teachers as compliance. with MCMI .
ii. The District shall post on its website the Division's template
materials and City.' s general storm water program information.
m . Every year on or b~fore February I 5', the District shall provide the
City with a report that details the District's status of integrating the
Division 's template materials into the curriculum and of posting the
Division's template materi als and the City 's general storm.water program
information on the District's website. The City shall incorporate the
District's report into its annual report due to the Division every year in
March. ·
b . MCM2 Public ParticiQation/Involvement. The City shall solely develop
and implement a Public; Participation and involvement Program. The District
has no obligations related to MCM2.
c. MCM3 Illicit Discharge Detection and Elimination.
i. The City shall develop an Illicit Discharge Detection and
Elimination Program that shall be followed within the City's MS4 permit
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boundary. The District shall imp lement this Program on properties
owned by the District.
ii. The City shall provide the District with training materials for the
Illicit Discharge Detection and Eliinination Program. The District shall
train its employees, primarily the Di strict's maintenance employees, to
monitor for and to report illicit discharges. ·
111. The District shall monitor for and report illicit discharges as
required by the Prograin.
d. MCM4 Construction Site Stonnwater Runoff Control.
i. The City sffall develop a]ld implement a Construction Site
S tormwater Runoff Control Progrq.m.
ii. Constructio.n; When the Distr ict has a qualifying construction
proj'ect, construction plan review and construction inspection will be
performed by the District or under contract with the District for
compliance with City ordinances/regulations and for proper installation
and maintenance of constrµction be st management practices (B~!Ps) .
. The site plan reviews shall be perforned under the direct supervision of
a Professional Engineer registered in t he State of Colorado to determine
if the proposed plans are adequate and follow the requirements of the
City's permit.
m. MCM5 Post-Construction Stormwater Manaizement.
iv. Post Construction: On qualifying · District projects, permanent
operation and maintenance proce dures will be developed and
implemented by the District or under contract with the District for any
post-construction BMPs constructed as a requirement of the City's Post-
Construction Program.
e. MCM6 Pollution Prevention/Good Housekeenin2. ·The City shall
develop an in-house training program for City and District employees to
educate them about the impacts associated wi th illegal discharges and improper
disposal of waste from municipal operatio ns. The City shall conduct the
training program for its employees, and the District shall conduct the training
program for its employees,
4. DISCRIMINATION. The Parties agree not to refuse to hire, to discharge, to
promote, to demote or to discriminate in any matter of compensation, performance,
services or otherwise against any qualified person solely because of race, creed, sex,
color, national origin or ancestry.
5. AMENDMENTS. This Contract may not be modified, amended or otherwise
altered unless mutually agreed in writing by both Parties.
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6. AGENCY. For all purposes of this Contract, the City shall not be an agent or
representhtive of the District, and the District shall not be an agent or representative
of the City. .
1. ASSIGNMENTS. No party hereto shall assign or transfer its rights and
obligations under this Contract without the written consent of the other party. This
Contract shal~be binding . upon the Parties and/or their successors and assigns, if
proper written consent to assign or to transfer has been obtained.
8. NOTICES . ·All notices and communications required or permitted by the
Contract shall be mailed or delivered to the City at the following address:
City of Englewood ',
1000 Engl~wood Parkway '
Englewood; Colorado 80110
All notices and communicatiqns· required or permitted by the Contract shall be mailed
or delivered to the District at the foliowing address:
Arapahoe County School District No . 1
4101 $. Bannock Street
Englewood, Colorado 80110
9. RIGHTS OF THIRD PARTIES . Nothing berein shall be construed as creating
any personal liability on the part of any officer or. agent of any public body, which
may be party hereto, nor shall it be construed as giving any rights or benefits to
anyone other than the District and the Cit)'.
10. GOVER.i'l\JING LAW . This Contract shall be governed by the laws of the State
of Colorado. · .
11. SEVER.ABILITY. If any word, phrase or provision of this Contract is declared
by a court of competent jurisdiction to be invalid, void or unenforceable, then such
word, phrase or provision shall be deemed to be severable. All other provisions of
this . Contract shall · remain fully enforceable, and this Contract shall be interpreted in
all respects as if such provision were omitted.
12. ·PARAGRAPH CAPTIONS. The paragraph captions are set forth only for
convenience and reference. They are not intended in any way to define, limit, or
describe the scope or intent of this Contract.
13. TERMINATION. Either party may terminate this Agreement with one year's
notice to the other.
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Memorandum
City Manager's Office
TO: All Board and Commission Members
FROM: Mayor Penn and Members of City Council
April 11, 2013 DATE:
SUBJECT: Board and Commission Appreciation
The Englewood City Council would like to express their appreciation to all Board, Commission
and Authority Members who volunteer their time and energy to improve the quality of life in
the City of Englewood. We are grateful for your dedication and interest in serving.
City Council has modified the Board and Commission Appreciation Night and is inviting
everyone to a s_ocial on Monday, June 24, 2013 at 6:00 p.m. in the Community Room. At that
time, the Board/Commission Chairs will be invited to briefly comment on one main
accomplishment of their board or commission during the past year.
Refreshments will be served.
Please RSVP by Monday, June 14th to your Recording Secretary or to Sue Carlton-Smith at
303-762-2311 or scarlton-smith@englewoodgov.org.
If you have any questions, please call 303-762-2311.
Cc: City Manager Gary Sears
Deputy City Manager Mike Flaherty
Departmental Directors
Recording Secretaries
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