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2014-01-14 WSB AGENDA
t' WATER & SEWER BOARD AGENDA TUESDAY, JANUARY 14, 2014 COMMUNITY DEVELOPMENT CONFERENCE ROOM 1. MINUTES OF THE NOVEMBER 12 , 2013 WATER BOARD MEETING . (ATT. 1) ** EXECUTIVE SESSION -DAVID HILL, WATER ATTORNEY ** 2. GUEST: JENNIFER DANIELSON -460 E. YALE A VE. (ATT. 2) 3. GUEST : GARY STEVENS & CHRISTIAN AGGELER (ATTY.) -GLOBAL STORAGE -2690 W. UNION A VE . (ATT. 3) 4. FRONT LOADER PURCHASE. (ATT. 4) 5. WATER CONSERVATION PLAN REVIEW. (ATT. 5) 6. INTEREST ON LATE FEES. (ATT. 6) '7 1. INFO ITEMS: WATER LINES: DENVER-WEST SLOPE . (ATT. 7) 8. OTHER Present: Absent: WATER & SEWER BOARD MINUTES TUESDAY, NOVEMBER 12 , 2013 Oakley, Wiggins , Habenicht Waggoner, Woodward , Bums , Lay, Penn, Olson Moore Also present: Stu Fonda, Director of Utilities , John Bock, Manager of Administration , Jonathan Bridges , Industrial Pretreatment Division , Randy Pierce, Utilities System Support Specialist, Amy Sundine, Utilities System Support Specialist The meeting was called to order at 5:02 p.m . 1. ~ MINUTES OF THE OCTOBER 8 , 2013 MEETING . The Board approved the Minutes of the October 8 , 2013 Water Board meeting. Motion: To approve the Minutes of the October 8 , 2013 Water Board meeting. Moved : Lay Seconded: Habenicht Motion approved unanimously. 2. r;l) LINDA CHAVEZ -4510 S. JASON ST. Ms. Linda Chavez of 4510 S. Jason St. appeared before the Board claiming that a $277.89 bill , that was returned to her in August for insufficient funds, had been paid by a cashier's check even though she has no receipt. Ms. Chavez could not produce proof because she destroys her statements and receipts every 6 months. It was noted that she received notice of the discrepancy eight months later. John Bock discussed the Utilities Department timeline of the issue. Motion : To remove the $277.89 amount due for 4510 S . Jason St. from her bill. Moved: Olson Seconded: Bums I -I Motion approved unanimously. 3 . itlJ INFOSEND CONTRACT The Board received a copy of the InfoSend Service Agreement necessary to proceed with the implementation of the Tele Works System that will enable payments using credit cards , debit cards and checks. It will also offer paperless billing and payments. The contract will allow the Utilities' bills to be redesigned and viewed on line. The contract will provide for complete bill printing, mailing and imaging services. The annual cost of the contract to Infosend is estimated to be $57 ,679.37. The City Attorney's office approved the contract. Motion : To recommend Council approval of the InfoSend contract. Moved: Bums Seconded: Penn Motion approved unanimously. 4. ~ MEADOW GOLD ADMINISTRATIVE COMPLIANCE ORDER. The Board received a copy of the Administrative Compliance Order to Meadow Gold Dairies. Jonathan Bridges discussed the five violation s noted in the compliance order, including mismanagement of wastewater, discharging non-storm water material to the storm drainage system and mismanagement of waste material. It was noted that Meadow Gold has now had three compliance orders issued ; one was is sued in 2010 , one in early 2013 and now the latest one in November, 2013 . The recommended enforcement action penalty from the Littleton/Englewood Wastewater Treatment Plant -Industrial Pretreatment Division Enforcement Response Plan , is $15 ,000. Mr. Bridges will be including a State stormwater official in a future meeting with Meadow Gold Dairies. This is an infonnational item only. 5 . 0 WATER BOARD DINNER. The Board received an invitation to the Englewood Water Board Christmas dinner in honor of services received from the Water Board members during the past year. I -2.. ( ·. The meeting adjourned at 5:55 p.m. The next meeting will be Tuesday, January 14, 2014 in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary I -J To whom it may concern , My name is Jennifer Danielson and I own the property at 460 east Yale ave . I am currently proposing to demolish the current structure and build a new home in its place . I am hoping to get a waiver for ordinance 12-2-4-B , Which states upon demolition of existing structure old sewer lines must be replaced from building to main. Although if Owner/Occupant wishes to occupy the building they may seek a waiver from Water and Sewer board if existing pipe is found to be sound by Utilities Dept. Replacing the ex isting sewer pipe would be very difficult and cause many complications . Before buying this property I was made aware that I would need to tap into the water main , which was fine . I then went to City of Englewood to inquire if the property had its own sewer line . From what little information the city has I was informed that it did have its own line . I found out differently after purchasing the property. My sewer line was connected to 2701 Penn . St and 2725 Penn. St. All lines converge in my front yard . 2701 Penn St. has since disconnected and they have their own sewer line . The history of my property is long and complicated. My home was built in 1940 and at that time it was considered Denver. 2701 Penn . St , 2725 Penn St , 2702 Logan St. and 2714 Logan St. were also considered Denver. At that time an alley ran between all of our properties. In 1953 all the above properties were annexed into Arapahoe County . In 1958 the alley was vacated and divided among the adjacent properties , each getting about 8ft . In this vacated alley is where the sewer line for 2725 Penn St. lies, running the west side of my property . Our lines converge in front of my home. They proceed north under Yale ave . into the alley across the street , utilizing the Denver sewer system . I am unable to use City of Englewood sewer system , because I am landlocked and have no easement available to use Penn St. I am hoping to get a waiver for 12-2-4-B , because of the many complications that would arise . Replacing the sewer line within the street would not only affect me , but wou ld inconvenience my ne ighbors at 2725 Penn St. Yale is a very busy street and a major bus route , it would need to be shut down and rerouted thru the many smaller streets. Being that Yale is both City of Englewood and City of Denver, it will be very difficult to get cooperation and coordination with both Cities thru this process . Thank you for your consideration . Jennifer Danielson 2 -/ N . -.,..-ft _, ... .. ·-· .;. -· -----· ·--.. ·"'-··-- (\'tlU' -~ (o-•. + _,,,_. -.· -(--··-"':"----+-·-~··· .... --...,..----··-i---·-· ~ , .... , . -y -" (:. ~ ····-.. ---_ .. ---- oSr Tu~ve..r I I ; I . -.• -· +--.•. ·-.. + -~ c o;· --. ~ ---:-----·-,-.. ----r ·-... I . ' -"=) . -> ··v ·. . __ / . --., .. .,. ~ . .; . -. . ;.. ~ •• -T . ' 2 -2 t>6B9rnLrn[:01 S9b8t?t?rn2L c T y 0 F 0 FF I C E 0 F Christian D. Aggeler, Esq. Alan Karsh, Esq . Karsh Fulton 950 South Cherry Street -Suite 710 Denver, CO 80246-2665 Sean Patrick Paris, Esq. Pearson & Paris PC 390 Union Boulevard -Suite 250 Lakewood, CO 80228 {~ E N G L E w 0 0 D T H E CITY ATTORNEY November 22, 2013 REGARDING: Global Storage, LLC 2690 W. Union Ave. vs. Arapahoe Storage, Inc . 2710 West Union Ave-Case NO . 2013CV031096 . The City has again been asked to turn off the water at 2690 West Union Avenue. As you note in your letter, the Court did not rule upon the water line issue. The City's position as set forth in the attached letter of November 5, 2013 remains the same. Should Global Storage disconnect the water line on private property that is a civil matter between the parties. To reconnect the service line to the water main, the City will require an easement, an inspection and payment of appropriate fees. If either party needs assistance as to the connection issue please contact the Utilities Department 303 762-2643. I have confirmed that the parties are scheduled to appear before the Water and Sewer Board on January 14, 2014. City Attorney Attachment CC: DB/nf John Bock Stu Fonda / 3 - Daniel L. Brotzman , City Attorney Nancy N. Reid , Deputy Cit y Attorney Dugan~-Comer, Assistant Ci ty Attorney 1000 Englewood Parkway • Engl ewood, Colorado 80110 · Phon e 303-762-2320 · FA X 303-783-6892 c T y 0 F ENGLEWOOD OFF I CE OF TH E CIT Y ATT OR NE Y Christian D . Aggeler, Esq . Alan Karsh, Esq. Karsh Fulton 950 South Cherry Street-Suite 710 Denver, CO 80246-2665 Sean Patrick Paris, Esq. Pearson & Paris PC 390 Union Boulevard -Suite 250 Lakewood, CO 80228 November 5, 2013 REGARDING: Global Storage, LLC 2690 W. Union Ave. vs . Arapahoe Storage, Inc . 2710 West Union Ave-Case NO . 2013CV31096 . This is in reply to the letter dated October 30, 2013, which is attached. In June of 2008 Richard Daily LLC asked for a City review of a proposed Court ordered subdivision of Parcel No . 2077-08-4-00-055 to create three parcels. The City's Development Review Team offered comments on whether the proposed subdivision would be approved. The result was that it would not be approved because of several deficiencies, including water for the Larry Parr Parcel, access and utility issues . [See attached report "Project Plan Review History"] Those regulations 16-8-4 E.M.C . and Title 12 E.M .C. would have required that those deficiencies be corrected before the property was subdivided. In October of 2008 , Mr. Bell in the Community Development Department was given the Court 's Order dated September 9, 2008 by Mr. Richard Daily . [See attached Order] The September Order subdivides the land and specifically exempts the division from the City's subdivision regulations . [See Page 2 of September 2008 Order] The City 's subdivision regulations require an easement for water service to the rear house . In late October of 2013 , the owner of the front property indicated that although the water bill had been paid he wished to shut off the water as he didn't realize that service was being provided to both houses. The result would be to tenninate water to not only the empty house in front but the occupied home in the rear. The owner/or occupant of the rear property complained to our Utilities Department. Water service was restored. 3-2 Daniel L.. Br o tzman , City A ttorne y N ancy N. Reid, Deput\' Cit \1 Attorn ey Dugan S. Co rne r, As s ista n t Cit y A ttorney The Utilities Department has researched the history for the tap(s) at this location. There appears to be only one tap for the entire parcel which was purchased in 1989 before the 2008 Court ordered division. The tap was for Emma Parr at 2690 West Union. Without notice to the City, the second structure on what is now 2710 West Union was added to the same service line for the 2690 tap. The Englewood Municipal Code sets forth : 12-lB-7: Number of Users on Service Restricted. A. More Than One Premises To A Service Connection Prohibited: Each premises or property or building(s) situated on a premises or property in a manner which would allow the premises or property to be subdivided and the building( s) sold separately shall be served by a separate service connection directly to the nearest main without crossing other adjoining premises or properties and with separate curb stops involving only one account when water is turned on or shut off. Extension of service to another premises or building from an existing service connection is prohibited and shall be subject to shutoff without the City being liable for any damage. Exceptions to this requirement may be granted by the City Manager or designee with the concurrence of the Water and Sewer Board upon a review of a written request of the property owner, in which the property owner illustrates with both written and graphic descriptions, why the exception should be granted. ~tjstingprefilises, properties or';bU:ilamgs:.w-hiclido . n<i)t "c.9Pf orrrdo:this;re'cfiiirerneht IDa,y :ina'lntciin . their serVice coruiectio·n c0llfigunit1ons uriless·~aii<fuhiil such 'tirile,-iii.:Uie oplli:ioiJ.,ofthe City Man(!.ger or desj@ee with the concilrrence of the Water and~\-Sewer Board, the serv!ce.:must$~"seP#at~ci. - B . Two Or More Users On Same Service Line: In case two (2) or more users are supplied from the same service line, if any of the parties · fail to pay the water charges when due, or to comply with any rule of the City, the City reserves the right to shut off the water to the whole service until such charges are paid, or the rules strictly complied with, and it is expressly stipulated that no claim for damage or otherwise may be made against the City by any user whose water charges have been paid or who has complied with the rules of the City, because of such turnoff, it being expressly stipulated that the necessity for such shut· off shall be deemed to be the joint act of all served through such service . See also 12-2-4 E.M.C. as to separate sewer connections. Should the premise, now addressed as 2710 West Union, apply for a separate tap, the City will not allow a tap without the proper easements and payment of tap fees. At present the water bill has been paid and the dispute as to who should have made the previous payments may be resolved by the Court as it works out the access, easement and ownership issues. Should the account become delinquent, the City will give both parties an opportunity to bring the account current before turning off the water . [12-1B-7(B) E.M.C.] 3 -3 As my letter of October 28, 2013 indicated, the City does not wish to come into conflict with the current Court proceedings in Arapahoe Court. The City is waiting for the Court to resolve the dispute as to access, easement and ownership issues. Should you desire, this matter may be discussed with the Water and Sewer Board. The Board meets monthly. The Board will require that you give advance notice to the other party involved. Should you appear and not give the other party notice, the Board will reset the matter until its next meeting allowing all interested parties to be present. Attachments CC: Alan White Brook Bell Audra Kirk Stu Fonda John Bock Cathy Burrage Gary Sears DB/nf DISTRICT COURT, COUNTY OF ARAPAHOE, STATE OF COLORADO Court Address: 7325 S Potomac St. Centennial CO 80112 In the Matter of the Estate of: WAYNE W. PARR Deceased D COURTUSEONLY O Attorneys/or Larry Pan ~ Individually and as Trustee the Wayne Parr Family Trust : John B. Dougherty, Esq. 4 Garden Center, Ste. 200 Broomfield, CO 80020 303-466-3235 (fax) ibdlawyer@yahoo.com Atty No.: 13202 Attorneys/or Larry W. Parr, as Personal Representative : Theresa M. Moore, Esq . Case No. The Moore Law Firm PC Division: 3665 Cherry Creek No. Dr. Suite 100 Denver, CO 80209-3712 303-329-5900 303-329-3291 (fax) trnoore@tmmpc.com AttyNo.: 15163 NOTICE OF COURT ORDER 2001PR142 308 All interested parties and counsel of record hereby note that attached hereto is an order from this Court entitled "Order Approving Implementing Settlement Agreement", signed by the Honorable Timothy L. Fasing, on September 9, 2008. In furtherance of the Court Authorizer Commence, all interested parties are being provided with notice of this order. 1 3 -S Dated: September 16, 2008 Respectfully submitted, ls/Original Signature on File John B. Dougherty CERTIFICATE OF ELECTRONIC SERVICE I, the below signed person, hereby certify that on this 16th day of September,2008, a true and correct copy of the attached pleading was served electronically, via LEXIS NEXIS, to the following: T. R. Rice, Esq. Collie Norman, Esq. Rick Daily, Esq . Theresa Moore, Esq. and CERTIFICATE OF SERVICE BY U.S . MAIL I, the below signed person, hereby certify that on this 16th day of September, 2008 a true copy of the attached pleading was served, via U.S. First Class Mail, postage prepaid, to the following: Larry Parr 2690 West Un.ion Avenue Englewood, CO 80111 Alan White, Director City of Englewood Community Development Department Englewood Civic Center 1000 Englewood Parkway Englewood, CO 80110 ls/Original Signature on File John B. Dougherty, Esq . 2 3 -(_p GRANTED The movin g pnrty is hereby ORDERED to pl'ovide a copy of thi s 01'der to an y p1·0 s e parties who have ente1 ·ed an appearance in this action withi11 10 days from the date of this order. DISTRICT COURT, COUNTY OF ARAPAHOE , STATE OF COLORADO Court Address: 7325 S Potomac St. Centennial CO 80112 In the Matter of the Estate of: WAYNEW.PARR, Deceased ~~~ Timothy L. Fasing District Court Judge DATE OF ORDER ON ATIACHMENT F.HJ .r:n n n~am ~u: C O 4.tUj>t!hO C C ·-<;u;H)-U isi r iei f (r ;u'! 18tl; . .f!) .Fi!i11g Hnit': 'Srp 9 2Ut»I ·{:51P.'.'."l .\HIT filh1 g In: 21 r,:·H %.~ l{~" iew C k rh.: "'J,>, A. COURTUSEONLY A Case No . 2001PR142 Division : 308 ORDER APPROVING AND IMPLEMENTING SETTLEMENT A.GREEMENT THE MATIER COMES TO BE HEARD upon the Motion (the "Motion") of Plaintiff, Judith Simmons f/k/a Judith Parr ("Simmons"), Defendants Dennis Parr, Variety Landscape, Larry Parr, Arapahoe Storage Inc. ("AS"), the Wayne Parr Living Trust Dated December 27, 2000, (the "Trust"), Larry Parr, as Trustee of the Wayne Parr Living Trust, and the Wayne Parr Living Trust Dated December 27, 2000 ("Trustee"), and the W . Parr Family Limited Partnership (the "Partnership"), all of whom are hereinafter collectively referred to as the "Settling Parties" for an Order approving and implementing the Settlement Agreement reached by the Settling Parties. The Settling Parties tendered t o the Cour t with their Motion a copy of tbe fully-executed Settlement Agreement and a copy of the Survey of the Partnership Property petformed by Borne Engineering with a photographic overlay . The Court has considered the Motion, the Settlement Agreement and the Survey, and is 1 _3 -7 otherwise sufficiently advised of the premises of that Motion. ACCORDINGLY, THE COURT NOW ORDERS, ADJUDGES AND DECREES as follows : 1. Approval o f Settlement Agreement. The Settlement Agreement is approved. 2. Division of Property , The Trustee, as the General Partner of the Partnership, is directed to execute and deliver Quitclaim Deeds in the form attached hereto a s Exhibits A and B, to ·accorrip1ish :the 'final division of land among the . hefrs of Wciyne W. Parr ·into two parcels, ...... , . -.... designated as :J.>ar~eJ A (to be conveyed to Judith Simmons and Dennis Parr as joint tenants with right of survivorship) and ,Parcel ;}? (to be conveyed to the Larry W. Parr Living Trust). The Court intends this Order to be a division of land to heirs through an estate proceeding with the meaning of the Section 16-8-1 of the City of Englewood Unified Development Code, so as be ·exempt from the subdivision regulations therein, and Atierefofo £rioLrequir.ing ·;consultation with .. ,• ... · !.: •... ! ... ,,_;··.:·-: ..... " 3. Fence. A fence (the "Fence") exists near the boundary between Parcels A and B . The Fence was erected on the Partnership Property (specifically what is now Parcel B) at the expense of Arapahoe Storage, Inc., a company owned and controlled by Larry W. PaJT . The Fence is slightly to the east of the actual boundary shown on the survey of the property . The Court orders that Larry Parr may have limited access over Parcel A for the purpose of repairing , maintaining or replacing the Fence. Neither Judith Simmons nor Dennis Parr, nor their respective successors, shall be obligated to pay any p01iion of the costs of relocation, repair, maintenance or replacement. 4 . Dismissal of Claims in the Simmons Litigation . Because the settlement of the claims pending in this case also conclusively resolves the claims pending in the case entitled Judith Simmons, et al. v . Larry W. Parr, et al., etc., now pending Case No . 2006CV883 , Division 2 3 e 206 (assigned to Hon. Carlos Samour, District Judge) (which is referred to as the "Simmons Litigation"), John Dougherty, Esq., as attorney for the Trustee, is directed to file a n Unopposed Motion to Dismiss All Remaining Claims With Prejudice in the Simmons Litigation, and to file with that motion a copy of the Motion of the Settling Parties, this Order and a copy of the Survey), together with a form of Order that will accomplish the dismissal of those claims . Mr . Dougherty shall certify to this Court and to the Settling Parties that he has done so, and shal l provide this Court and the Settling Parties with a copy of the dismissal order when that has been entered. 5. Winding Up and Dissolution of Partnership . The Trustee shall promptly cause the affairs of the Partnership to be wound up in accordance with the Settlement Agreement and the Limited Partnership Agreement. The Court directs each of the Settling Parties to cooperate with one another in the orderly winding up and dissolution of the Partnership, by promptly signing any needed document or performing any necessary action within a reasonable time after a request for the same. When all of the Partnership's just debts have been paid or otherwise satisfied and all final tax returns have been filed, the Trustee shall file a Certificate of Cancellation with respect to the Limited Partnership, and thereafter certify to this Court that the Partnership has been duly dissolved. The Trustee shall serve copies of all reports, certifications and tax returns prepared incident to the winding up and dissolution upon Larry W. Parr, Judith Simmons and Dennis Parr and their respective counsel. 6. Termination of the Trust. Upon the liquidation of the Partnership, the Trustee shall pay any remaining liabilities of the Trust, distribute the remaining property, if an y, in accordance with the terms of the Trust and file any required tax returns . The Court directs each of the Settling Parties to cooperate with one another in the orderly winding up and termination of the Trust, by promptly signing any needed document or performing any necessary action within 3 3-9 a reasonable time after a request for the same. Thereafter, the Trust shall terminate by operation of law. Tbe Trustee sha11, as his final act as Trustee, certify to this Court that all actions required as a condition to termination have been taken. The Trustee shall furnish copies of all reports , certifications and tax returns prepared incident to the winding up and termination to Judith Simmons, Dennis Parr and Larry Parr. 7. Dismissal of this Act ion. Each of the claims asserted in this reopened proceeding is hereby dismissed with prejudice, each party to bear his , her or its own costs, except to the extent set forth in this Order or in the Settlement Agreement. 8 . Retention of Jurisdiction . The Court retains limited jurisdiction of this proceeding to ensure compliance with its Orders concerning the division of the Partnership Property, the liquidation and dissolution of the Partnership and the termination of the Trust, and to make any further orders as may be required to assure the continued exemption of the division of the Property directed herein from the subdivision regulations in the Englewood Unified Development Code, and other matters incident to the winding up of the Estate. Dated: August ____ , 2008 BY THE COURT: Timothy L. Fasing District Judge 4 3 -1 0 This ilci::nment constitutes a:mJing of the wurtaud i:huuld be ncatetl as such · Court: CO Arapahoe County District Court 18th JD Judge: Timothy Louis Fasing File& Serve Transaction ID: 21283152 Current Date: Sep 09, 2008 Case Number: 2001PR142 Case Name: In the matter of: PARR, WAYNE W Court Authorizer: Timothy Louis Fasing Court Authorizer Comments: Attorneys are directed to provide notice of th is order to all interested parties . Isl Judge Timothy Louis Fasing 3 -I ( 4 /23/2 0 13 Project Number DRT2 0 08-01 9 C ity of E n g le woo d Project Plan Review History Project Name Possibl e Court-Order Subdivision R-2/I -I Type DRT Subtype Site Development St11tus COMPLETED Owner W PARR FAMILY LIMITED , Appli cant Site Address City 2800 W CHENANGO A VE ENGLEWOOD Subdivision Tract Block Applied 6/17/200 8 Approved! Oil 3/200 : Closed I 0113 /200 : Expired Status 10 /13 /200 : Richard Daily LLC State Zip co 80110 Lot No Parcel No Pngc BMB BMB BMB BMB 20 77-08-4-00 -0 5 5 Zoning General Plan Dates Type I Status I Contact I Notes Sent Due Received Elapsed Remarks Building (303)762-2366 6/17 /2008 6/24/200: 6/24/2008 7 Approved w/Cond LANCE ADMIN SMIT (6 /24/2008 15 :19 LS) The proposed subdivision creates a land locked parcel that may prohibit new construction of buildings without access and utility easements. There appears to be existing buildings that are bisected with the new property line . BuilcLing Code prohibits thi s condition for new ----~-~!~~~'._l1~-~i-~~-~_i:~_r::_i~y _ _l_i~;_f~~~~-~-~-~~-~f !~~-~~-ll~-~l:1.!~~: ________ ---------------------------------------------------------------------------------------------------- Comm Dev (303)762-2352 6117/2008 6/24/200 : 6/24/2008 7 See Notes Not Approved BROOK BELL (6/24/2008 13:04 BMB) I . The proposed partition of Parcel #2077-08-4-00-055 would create three separate parcels . The easternmost parcel (to Larry Parr by settlement) would be landlocked without direct access to a dedicated public street such as U~ion A venue or South Decatur Street. The proposed partition further isolates existing Parcel #2077-08-4-00-030 by creating another parcel between itself and access to South Decatur Street. The Unified Development Code (UDC) requires acces s to public roads for all new lots. Any further development of th e two referenced parcels would require appropriate access to a public street. In 198 5 the City of Englewood's Master Street Plan called for new dedicated public streets connecting Union and Decatur with the intention of providing access to the subject parcels. Right of way for these master plaIIDed public streets has never been dedicated. 2. The lack of direct access to a dedicated public street for parcel #'s 2077-08 -4-00-055 and 2077-08-4-00-030 isolate s thes e parcels from acces s to public utilities required for further development. I 3 . The Zone District Boundary Line between MU-R-2-B (Medium Density Single and Multi-Unit Residential District) to the west an d 1-1 (Ligh t Industrial District) t o the east does not coincide with the proposed property lin e between Dennis Parr/Judith Simmon s Settlement Parcels to th e wes t and the Larry Parr Settlement Parcel to th e east. The actua l Zone District Boundary Line is at an angle that corresponds to the historical Brown Ditch. A s a result, the rear portion of the Dennis Parr and Judith Simmons Settlemen t Pa rce ls would be zoned fo r ligh t industrial us es only and residential use s would not be pennitted on thos e portions of the Jot s . 4 . Based on aerial photography, it appears that the proposed prope1iy line between the Larry Parr Parcel and the Denni s Parr/Judith Simmons Parcel s to the wes t bisects an existing structure . It is unclear what type of structure is divided by the line ; however , building codes typicall y do not allow such a condition. 5 . The D ennis Parr/Judith Sirm11on s Parcel shapes are relatively narrow and so mewhat deep. This configurati on ma y not be id eal EG WD_PROJE CT _REV IEW S 3 -IZ -,·ypc I St ntus I Co nta ct I Notes Sent Du e Recei ved Elnpsed Remarks for ma x imi z in g fut ure residential development. (10113/2008 15:35 BMB) I . Letter sent to Richard Daily I 0-13-08. ___ _?_. __ ~!".~ . .1!:~1!-~~~-1!~~-----------------------------------------------------------------------------------------------------------------------------------·-------------------··--·--· Engineering(303 )762-2504 6/17/2008 6/24/200: 6/30 /2008 13 See Notes Approved w/Cond LARRY NIMMO (6/30/2008 08: 11 LGN) A Drainage Rep01i per the Englewood Drainage Criteria Manual must be submitted. All concrete must be brought to City Standards. All Drainage must be directed to the Public Way(i .e . street or alley) All work in the Public Right-of-Way requires permits from Public Works . -... ~!!Y. .~!! ~-~~-~-~-~ty_~ _ g~~~~-~~l1-~! -~-~-~!.~~-~~J!!".l:_g~~ -~-t-~~~-~'.~? .. ---··. ·--. -------· --· ·---·------·-----------. ----.... -· -·. ·---..... ---.. -----.. -·· --.. -· .. --· --..... - Fire (303)762-2479 6/17/2008 6/24/200: 7/18 /2008 31 Approved w/Cond BEN GREENE (7/18/2008 10:37 BGG) ... _!f ~~-~-P.~~P.~!·~-~~A~~~}-~E~-~-~1:_ !f.!~-~-P.~?J?.~~-i-~.l1-~~~_f~~-~!~~.1l:~!".X~~-~~-~~-~~-!~.'..~S.l1E~~~~---_______________ . ___________ . ________________ ... ___ .... ____ . Traffic (303)762-2512 Approved NICK JOHNSON Utilities (303)726-2646 Not Approved JIM VERYSER (6/24/2008 12:08 JMV) 6/17 /2008 6/24/200: 6/25/2008 8 6/17/2008 6/24/200: 6/24/2008 7 see notes There is no public water or sewer available for Larry Parr's parcel. There is a water and sewer main in S Decatur St that may serve .. -. P..~~j~_?_~'.'.:~_ .11:1?_~.!_~~!!~--~~~_<?!'.~~-l?_~'.~~}; __________________ ----·-·· .... ·-·-·· ... ----·· --------. ------------------. ---.... ·-· ·---. --· -----..... ·----· -----··---·-· ----- Wastewater (303)762-2626 Approved NAT ALIE PLEGGE EGWD _PROJEC T _REV IEWS n _ .. -.. J. "I'>.. A rrr-,~. T TTT'">T'T 6/17 /2008 6/24/200: 6/23/2008 6 3 -13 ~K F .. · -. GJ Attorneys at Law January 3, 2014 KARSH FULTON GABLER JOSEPH Via E-Mail to cburrage@ englewoodgov.org and U.S. Mail City of Englewood Water and Sewer Board 1000 Englewood Parkway Englewood, Colorado 80110 Re: Global Storage, LLC 2690 W. Union Ave., Englewood, CO Parcel Nos. 2077-08-4-00-021 and 2077-08-4-00-022 January 14, 2014 Board Meeting Dear Members of the Board: CHRISTIAN D. AGGELER CAGGELER@ KARSHFU L TON . COM 303 .759 .9741 This firm represents Global Storage, LLC ("Global Storage"), the owner of the above-referenced property ("2690 Union"), which consists of two adjacent parcels located at 2690 W . Union A venue in Englewood . Global Storage obtained title to 2690 Union by Trustee's Deed from the Trustee of the Emma Parr Trust Number One dated August 15, 2013 (copy attached). A water tap is located on 2690 Union . After purchasing 2690 Union, Gary Stevens, Global Storage's Manager, was surprised to learn that the owner of an adjacent property, Larry Parr, was using water from the tap at 2690 Union . Mr. Parr owns three adjacent parcels, south of 2690 Union, all with the street address of 2710 W . Union Avenue, Englewood ("2710 Union"). A map showing the relative location of the properties is attached . The 2710 Union Property does not have a water tap. To the best of our knowledge, Mr. Parr has not applied for a tap for that property. Instead, we understand that Mr. Parr connected to the 2690 Union tap without notice to the City of Englewood . Mr. Stevens has been paying the water bills for 2690 Union since he bought that property . A copy of the most recent bill is attached . Because Global Storage has not been using water at 2690 Union, we understand that this bill, and the former bills paid by Global Storage, are for water used by Mr. Parr at 2710 Union, and not by Global Storage. 950 SOUTH CHERRY STitEFf I CHERRY TOWER SUITE 7 IO I D~"NVER, COLORADO 00246-2665 OFFICE.303.759.9669 I FAXJOJ.782.0902 I WWW.KARSHFULTON.COM City of Englewood Water and Sewer Board January 3 , 2014 Page2 Global Storage, as the owner of 2690 Union, requests the immediate separation of the improper 2710 Union connection . Such a separation is consistent with Section 12-1 B-7.A . of the Englewood Municipal Code (copy attached), which states that "[ e]xtension of service to another premises or building from an existing servic e connection is prohibited and shall be subject to shutoff without the City being liable for any damage" (emphasis added). Mr. Parr and Arapahoe Storage, Inc. (a business operating on 2710 Union) filed a lawsuit against Global Storage in Arapahoe County District Court, Case No. I 3CV3 I 096 (the "Lawsuit"). In the Lawsuit, Parr and Arapahoe Storage asserted claims for an access easement across 2690 Union. They did not assert any claims to ownership of2690 Union, and did not assert any claims with respect to the water tap at 2690. Global Storage filed an amended motion for preliminary injunction seeking, among other things, to enjoin Parr and Arapahoe Storage from using water from the 2690 Union water tap. The Lawsuit is currently stayed, pending final resolution of a prior lawsuit filed by Mr. Parr against Global Storage's predecessor in interest. We do not believe that the Lawsuit prevents the City of Englewood from ordering the separation and shutoff of Mr. Parr's connection to the 2690 Union water tap . We have previously been in touch with City Attorney Dan Brotzman regarding this issue. Copies of correspondence from Mr. Brotzman are attached . The current situation with respect to the water line is untenable. We look forward to addressing this issue before the Board at the meeting scheduled for January 14 , 2014, beginning at 5 :00 p .m ., in the Community Development Conference Room . We estimate a dis cuss ion time of 15-20 minutes . Please feel free to contact me directly should you have questions or concerns. Ends. cc (w/o encls): Sean Paris, Esq. 7079.2 57 3 -/5 0 Recep~ion #: 03104110, OB/19/2013 at 09:13 AM, l OF 2, Recording Fee $16.00 Doc Fee $71.50 Electronically Recorded Official Records Arapahoe county, co Matt Crane, Clerk & Recorder TRUSTEE'S DEED THIS DEED is made by TAMRA A. PALMER, as the Trustee of The Emma Parr Trust Number One dnted September 7, 1989 es amended and restated on August 3, 2006 and as amended on September 7, 2011, Grantor, gt·anting to, Global Storage, LLC of 8347 S. CatT Street, Littleton, CO 80123, Gt£\11tee . .. WHEREAS, Grantor ls the qualified Trustee of The Emma Pall' Tmst Number One dated September 7, 1989 as emended and restated on August 3, 2006 and as amended on September 7, 2011; and said Trustee is now qualified to act on behalf of the Trust; · NOW, THEREFORE, pursuant to the powers conferred upon Trustee by the Colorado Probate Code, G:rantor hereby sells, conveys, assigns, transfers and sets over unto Gra11tee, for and in consideration of the sum Seven Hundred Fifteen Thousand and no/100 ($715,000.00) Dollars, all of the trust's interest in and to that parcel of reol property situated in the County of Ara1)ahoe, State of Colorado, to-wit : Parcel No . 2077-08-4-00-021 and Parcel No . 2077-08-4-00-022 See Exhibit A attached hereto . · aka 2690 W. Union Avemte, Englewood CO 80110 with all appurtenances, :mbject to rights of way, covenants, easements and restrictions ofrecord, if any, and subj~t to general property taxes and assessments from the year 2013 and subsequent years. EXECUTED this LS-µ,. day of ~ , 2013. STATE OF COLORADO ):ss COUNTY OF Att..fA&H ) The Emma Parr Trust Number One dated September 7, 1989 as amended and restated on August 3, 2006 and as amended on Se tember 7, 2011 The aJls>~~ and foregoing Trustee's Deed was acknowledged and sworn to before me this ~day o(:ffi:ij/, 2013, by Tamra A. Palmer, as Trustee ofThe Emma Parr Tt1lst Number One dated September 7, I 989 as ded and restated on August 3, 2006 and as amended on ptem,j3~~~1J,1:AAERAN rc:f'lh f) c ~( 9 ~.:i11J.¥1~D A D OFFICIAL SEAL. ·r v • --'2;'"1 S"fAT~ OF C0l~~7681 ~ NO:f,sRsY10WE~~~i~sJULY 1. 2016 MYCOM•" f\~ MyCommissionExpires ' \II NO~ -- -i.,, \-'~ ---• --=~---~ c• J ;;_:__ ·--'--~ ; ~:;~-, ~: .~1~~·4.?'.,~L11_1a o,~~ Ql.!.~E~f_ •. : 000 70499 ' '1 2/01/2 013 I 0110 1/20 14 0404202 5900 I !111!,!l ... 11 .11 ... 1111 ... 1111 ,! GLOBALSTORAGELLC I 1230 0 72 ~.t.;t<.f --:f-L':.1:.:·'. •..Jf:~ t-.t·)~JF1 ·)P.~::>E~; P . .'.l 1 AEJ ET·-.· •:trf •'f EN<:,u::·tF•(•C• Tl-IERI:: \!\'ILL PE:.. 1'~;; .: .. ·, •.:-ti i!-RCF .:,r~ ALL Rf.'TI :RNE[• <::HE(:!<,;3. $"!43 .21 ,----r--· SERV h;E L OCA T lot~ ·----------------! ~j ____ 2~_?_0_\~-'u_·~_11 o_r_~_A_v: ______ __, 2690 W UNION AVE ENGLEWOOD CO 80110-5307 1ID m 1 ~m ~m m fi~m rn m rn ~11~m rn ~Jmllim[j~mr rID[J~ij ~ 0 0 0 1 0 4 9 9 0 • 0 4 2 U 2 6 9 0 0 0 0 ~ G I 4 1 2 ; ~ :"" i · ..... ·: -·· -------_________ _..._ ____ -._ _____ _ TRANSFERRED FU N D S PR EVIOUS BILLING PAYM ENT -TH;.\NK YOU WATER C YC LE BI LLI NG STORM W.<\TER CYCLE BILLING -~1 M ENT S 0810712013 12/0112013 Pi.EASE WRITE THE ACCOUNT NU M B ER 01\J THE PAY M ENT C HECK PLEASE EN CLOSE THE TOP PORTION OF THE B ILL WITH TH E FULL PP.YMENT 3 -16 2590 W UNIOM AVE 5385 11/04/2013 02/28/2014 ---------. 39 $271 .35 $90 .57 $-361 .92 $139.05 $4.1 6 1 Englewood Municipal Code 12-1 B-1: Permit and Notice Required . A. B. Permit. Except as herein otherwise specifically authorized , it shall be unlawful for any person to make any physical connection to any of the pipes or facilities of the City water system, or to any privately owned or publicly owned extensions thereof, without first making application therefor. Such application shall be in writing and shall be filed with the City by the owner of the property to be served or h is authorized agent. Such application shall contain a full description of the premises to be served and the fixtures to be supplied . A permit for the wor1< will be granted upon the condition that all rules and specifications respecting connections shall be fully observed . Notice . Any person about to install a service pipe shall give notice at the City fixing the day on which he wishes the City main to be tapped . Such notice shall be given twenty four (24) WORKING hours before the tap is to be made . The corporation valve inserted in the distribution main and the service pipe to be laid must be of the size specified in the permit. 18 1 Orti ; § 1 12-1 B-2: Tapping and Cutting Off Mains. A. B. The tapping of any main for the purpose of making a connection shall be done only by the City and at the expense of the applicant. The corporation valve inserted in the main and the service pipe to be laid must be of the size specified in the permit. The cutting off from mains may be performed by e ither a licensed and bonded plumber or by City personnel. In the event City personnel perform the cutoff, a charge equal to the City's time and materials will be due and payable from the applicant. If an abandoned water service is not disconnected at the main in a timely manner, the City may perform the disconnection and may charge time and materials against the property either through the next regular quarterly water bill or by lien . 12-1 B-7: Number of Users on Service Restricted. A. More Than One Premises To A Service Connection Prohibited: Each premises or property or building(s) situated on a premises or property in a manner which would allow the premises or property to be subdivided and the building(s) sold separately shall be served by a separate service connection directly to the nearest main without B. crossing other adjoining premises or properties and with separate curb stops involving only one account when water is turned on or shut off. Extension of service to another premises or building from an existing service connection is prohibited and shall be subject to shutoff without the City being liable for any damage . Exceptions to this requirement may be granted by the City Manager or designee with the concurrence of the Water and Sewer Board upon a review of a written request of the property owner, in which the property owner illustrates with both written and graphic descriptions , why the exception should be granted . Existing premises, properties or buildings which do not confonTI to this requirement may maintain their service connection configurations unless and until such time, in the opinion of the City Manager or designee with the concurrence of the Water and Sewer Board, the service must be separated . Two Or More Users On Same Service Line: In case two (2) or more users are supplied from the same service line, if any of the parties fail to pay the water charges when due, or to comply with any rule of the City, the City reserves the right to shut off the water to the whole service until such charges are paid, or the rules strictly complied with, and it is expressly stipulated that no claim for damage or otherwise may be made against the City by any user whose water charges have been paid or who has complied with the rules of the City, because of such turnoff, it being expressly stipulated that the necessity for such shut off shall be deemed to be the joint act of all served through such service . 2 ! I j I I ! I I I I i I ' 1· I c T y 0 F ENGLEWOOD OFFICE OF T HE C t TY ATTORNEY Christian D . Aggeler, Esq. Alan Karsh, Esq. Karsh Fulton October 28 , 2013 950 South Cherry Street-Suite 710 Denver, CO 80246-2665 Sean Patrick Paris,_ Esq. Pearson & Paris PC 390 Union Boulevard-Suite 250 Lakewood, CO 80228 REGARDING: Global Storage, LLC 2690 W . Union Ave . vs . Arapahoe Storage, Inc. 2710 West Union Ave-Case Nd . 2013CV31096. Our understanding is that the Court has issued an Order restricting City activity concerning splitting the property and access easements. The Englewood Utilities Department was contacted to have the water turned off because a portion of the property was receiving water that should not be connected. Our Utility Manager of Administration (John Bock) has indicated that there . appears to be only on (1) tap for all of the property. To obtain a separate tap for water to the house on the rear portion of the property, an easement will be required.· We believe that determining which parcel is the owner of the current tap falls under the Court's restriction. The City wishes both parties to have access for water but is relying upon the Cqurt to determine the property issues prior to moving forward . Sincerely, DB/nf Dani el L. Brotzman , C ity Attorney Nancy N. Re id, Deputy City Attorney Dugan S Comer. Assistant City Attorney 1000 Englewood Parkway · Englewood, Colorado 80110 · Phone 303 -762-2320 FAX 303 -783 -6892 www .englewoodgov.org 3 -2/ © c T y 0 F 0 F r I C f OJ Christian D. Aggeler, Esq . .,,,/ Alan Karsh, Esq. Karsh Fulton 950 South Cheny Street -Suite 710 Denver, CO 80246-2665 Sean Patrick Paris, Esq. Pearson & Paris PC 390 Union Boulevard-Suite 250 Lakewood, CO 80228 ~~ ~ ~ E N G L E w 0 0 D T H f CITY ATTORNEY November 22, 2013 REGARDING : Global Storage, LLC 2690 W. Union Ave. vs. Arapahoe Storage, Inc. 2710 West Union Ave-Case NO . 2013CV031096. The City has again been asked to turn off the water at 2690 West Union Avenue. As you note in your letter, the Court did not rule upon the water line issue. The City's position as set forth in the attached letter of November 5, 2013 remains the same. Should Global Storage disconnect the water line on private property that is a civil matter between the parties. To reconnect the service line to the water main, the City will require an easement, an inspection and payment of appropriate fees. If either party needs assistance as to the connection issue please contact the Utilities Department 303 762-2643. I have confirmed that the parties are scheduled to appear before the Water and Sewer Board on January 14, 2014 . Sincerely, ( / City Attorney Attachment CC: John Bock Stu Fonda DB/nf Daniel L. Hrollman, City Attorm•y N,in c y .'-!. R!'id. Depuly Cilv Altorney Dur,.111 ~ (rnrwr. Assis1,1111 Cily Allomcy 1000 E11glE·woorl P,Hkw,1y • Englewood, Colorado 80110 • l'ho11e 303-762-2.120 W\VW .f'nglPWOOClgov .org 3-ZZ FAX 303 -78.l-(i/392 c T y 0 F 0 FF I C E 0 F Christian D . A ggeler, Esq . Alan Karsh, Esq. Karsh Fulton 950 South Cherry Street -Suite 7 10 Denver, CO 80246-2665 Sean Patrick Paris, Esq . Pearson & Paris PC 390 Union Boulevard -Suite 250 Lakewoo d, CO 8022 8 {' ({) E N G L E W 0 0 D TH E CITY ATTORNEY Novemb er 5, 2013 REGARDING: Glob al Storage, LLC 2690 W . Union Ave. vs . Arapahoe Storage, Inc . 2710 West Union Ave-Case NO. 2013CV31096 . This is in reply t o the letter dated October 30, 2013, which is attached . In June of 2008 Richard Daily LLC asked for a City review of a propo sed Court ordered subdivision of Parcel No . 2077-08-4-00-055 to create three parcels . The City 's Development Review Team offered comments on whether the proposed subdivision would be approved. The result was that it would not be approved because of several deficiencies, including water for the Larry Parr Parcel, access and utility issues. [See attached report "Project Plan Review History"] Those regulations 16-8-4 E.M.C . and Title 12 E .M .C . would have required that those deficiencies be corrected before the property was subdivided . In October of 2008 , Mr. Bell in the Corrununity Development Department was given the Court 's Order dated September 9, 2008 by Mr. Richard Daily. [See attached Order] The September Order subdivides the land and specifically exempts the division from the City's subdivision regulations . [See Page 2 of September 2008 Order] The City's subdivision regulations require an easement for water serv ice to the re ar house . In late October o f 20 13, the owner of the front property indicated that although the water bill had been paid he wished to shut off the water as he didn't realize that service was being provided to both houses . The result would be to terminate water to not only the empty house in front but the occupied home in the rear. The owner/or occupant of the rear property complained to our Utilities Department. Water service was restored . D an ie l l. Brotzman, Ci ty Attorney Nancy N . Rei d , Depuly City Allorn ey Dugan S. Comer, As sista n l Ci 1y All o rney 1000 Englewo od P;i rkw ;i y • Englewo od, Co lo rn do 80 110 · Phon e 303-762-23 2 0 FAX 303-78 3-6 892 3-2 3 The Utilities Department has researched the history for the tap(s) at this location. There appears to be only one tap for the entire parcel which was purchased in 1989 before the 2008 Court ordered division . The tap was for Emma Parr at 2690 West Union . Without notice to the City, the second structure on what is now 2710 West Union was added to the same service line for the 2690 tap. The Englewood Municipal Code sets forth: 12-IB-7: Number of Users on Service Restricted. A More Than One Premises To A Service Connection Prohibited: Each premises or property or building(s) situated on a premises or property in a manner which would allow the premises or property to be subdivided and the building(s) sold separately shall be served by a separate service connection directly to the nearest main without crossing other adjoining premises or properties and with separate curb stops involving only one account when water is turned on or shut off. Extension of service to another premises or building from an existing service connection is prohibited and shall be subject to shutoff without the City being liable for any damage . Exceptions to this requirement may be granted by the City Manager or designee with the concurrence of the Water and Sewer Board upon a review of a written request of the property owner, in which the property owner illustrates with both written and graphic descriptions, why the exception should be granted . Existing premises, properties or buildings which do not conform to this requirement may maintain their service connection configurations unless and until such time, in the opinion of the City Manager or designee with the concurrence of the Water and Sewer Board, the service must be separated. B. Two Or More Users On Same Service Line: In case two (2) or more users are supplied from the same service line, if any of the parties fail to pay the water charges when due, or to comply with any rule of the City, the City reserves the right to shut off the water to the whole service until such charges are paid, or the rules strictly complied with, and it is expressly stipulated that no claim for damage or otherwise may be made against the City by any user whose water charges have been paid or who has complied with the rules of the City, because of such turnoff, it being expressly stipulated that the necessity for such shut off shall be deemed to be the joint act of all served through such service. See also 12-2-4 E.M.C. as to separate sewer connections. Should the premise, now addressed as 2710 West Union, apply for a separate tap, the City will not allow a tap without the proper easements and payment of tap fees . At present the water bill has been paid and the dispute as to who should have made the previous payments may be resolved by the Court as it works out the access , easement and ownership issues. Should the account become delinquent, the City will give both parties an opportunity to bring the account current before turning off the water. [12-1B-7(B) E .M.C.) 0 As my letter of October 28, 2013 indicated, the City does not wish to come into conflict with the current Court proceedings in Arapahoe Court. The City is waiting for the Court to resolve the dispute as to access, easement and ownership issues . Should you desire, this matter may be discussed with the Water and Sewer Board . The Board meets monthly . The Board will require that you give advance notice to the other party involved . Should you appear and not give the other party notice, the Board will reset the matter until its next meeting allowing all interested parties to be present. Sincerely, Attachments CC : Alan White Brook Bell Audra Kirk Stu Fonda John Bock Cathy Burrage Gary Sears DB/nf 3 -2 .5 COUNCIL COMMUNICATION Date February 3, 2014 INITIATED BY Utilities Department Agenda Item Subject Purchase of Loader/Backhoe STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The existing Rubber-Tired Wheel Loader/Backhoe was approved by Council on June 16 , 1997 in the amount of $89 ,089.00. RECOMMENDED ACTION The Englewood Water Board , at their January 14 , 2014 meeting, recommended Council approval, by motion , of the purchase of one, new John Deere 710 K rubber-tired wheel loader/backhoe from Honnen Equipment in the amount of $131 ,555.00. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The proposed loader/backhoe is the primary piece of equipment used for excavating dirt and fill for water, sewer and stormwater projects. The proposed backhoe is a 2014 John Deere 71 OK backhoe loader with an 11.1 cubic foot capacity bucket. The purchase is being recommended to replace the existing 13-year old Unit #1359 according to CERF replacement schedule. The proposed backhoe will have additional options of an extendible dipperstick with auxiliary hydraulic lines and the mechanical front wheel drive. The extendible dipperstick will allow versatility with variable depth digging and more truck loading and excavating options. The front wheel drive will allow better all- terrain operations, especially in rain , mud and snow. Bids were received from two vendors: Honnen Equipment Wagner Equipment Co . FINANCIAL IMPACT $131,555 .00 $135 ,457 .00 Honnen Equipment Co . is the lowest recommended bidder at $114,655 .00 for the basic · loader/backhoe. Options for an extendible dipperstick with auxiliary hydraulic lines ($10,200) and the mechanical front wheel drive ($6 , 700) were added making the total '-I -I cost $131 ,555 . Thi s purchase was approved in the 2014 budget and will be funded by the CERF Fund. LIST OF ATTACHMENTS Bid Proposal Tabulation Sheet d a ted December 12 , 2013 y-2 City of Englewood Bid Tabulation Sheet Bid Opening Date: December 12, 2013 2:00 P.M. MST lApparent Low Bidderl ITEM BID: IFB-13-022 Rubber Tired Wheel Loader-Backhoe 1"1.Uuuer 11rea Wheel Service & Loader-Operations Parts Vendor Backhoe Manual X3 Manual Total Bid Exceptions: Honnen Equipment 5055 E 72nd Ave Commerce City, CO 80022 Steve Stotz 303-287 -7 506 $113,600.00 $195.00 $860.00 $114,655.00 None Listed Wagner Equipment Company 18000 Smith Rd SAE HP is 127. Break out force Aurora, CO 80011 on front loader bucket, ..t Andy Kratt 1.75 CYD is 11,375 lbs. 303-739-3000 $134,858.00 $126 .00 $473 .00 $135 ,457 .00 Swing Arc is 175 Degrees w IFB-13-022 Loader Bid Tab .xis ITEM NO. 1. 2 . 3 . ca Pl! BID PROPOSAL #IFB-13-022 Rubber Tired Wheel Loader-Backhoe DESCRIPTION JoHN DEERE 7101\. Rubber Tired Wheel Loader-Backhoe Operator's Manual Service & Parts Manual Qty . 1 3 1 Total Bid Estimated date of delivery L/5-CjO ,()FtflS, A-/?.O BID PRICE $113,~~oo $ $100 $ 660.()0 $ //L/) 656:00 I Brochures and Literature: Your proposal must be accompanied by descriptive literature indicating the exact items to be furnished. The tenn "as specified" will not be acceptable. Each Proposing Firm shall determine prior to submitting a Bid , that they have received all addenda issued, and will acknowledge the receipt. Receipt of copies of the following amendment(s) is (are) hereby acknowledged: Amendment No(s). Date Acknowledged Bidder's Signature ALL MATERIAL F.0.8. CITY OF ENGLEWOOD 2800 South Platte River Drive Englewood , CO 80110 Price quote firm for ninety (90) days. Exceptions: ______________________ _ BY S.ffi//~ Name (Pleas~ri~' IJ -JJ-1.i Date Signature lllt1roR. f ll>&J/ffrER Title HONNEN E&UtPt/lENT Company 5056 £/1-'/iT ZJNO /fflE. C(Jl!JmE/rCE c 1T'0 (}o!{tJO;Jc'} Address 3o3-~87-Zfi726 .3o3-087-CJ086 Phone Fax 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Ph (303)762-2412 Fax (303)783-6951 www.englcwoodgov.org 8 HONNEN iiiiilll"". _· EQUIPMENT • • GROVE . 1l\.NA~ ~ <1jill December 12, 2013 Alicia Stutz City Of Englewood 1000 Englewood Parkway Englewood, CO 80110-2373 Dear Alicia: .JoHNOEERE We are pleased to quote the following for your consideration: John Deere 710K Backhoe Loader, new 2014 model, JDLink GPS System With 3-Years Of Prepaid Service; John Deere PowerTech Plus (PowerTech PVX) 6.8L (414 Cu. In.) Meets EPA IT4 Emissions; 2-Wheel Drive with 4F/3R PowershiftTransmission; Goodyear 21L-28 R-414 PR Rear; 14.5/75-16.1F-310 PR Front Tires; Ultimate cab with Dual Doors and Air Conditioning; Standard Dipperstick and Auxiliary Hydraulics; Mechanical Controls, Two Lever, ISO (DEERE); 24" Wide, Heavy-Duty, 11.1 Cu. Ft. capacity Bucket; Two- Function Loader Hydraulics, Single Lever; 1400 lbs. Counterweight; 1.62 Cu. Yd. Bucket 96" with Auxiliary Cutting Edge and Skid Shoes; Cold Start Package; Electrical Master Disconnect; Front V~w Mirror; Left Side Console Storage with Cup Holders. Other induded options: Amber strobe light; AT186288 SMV emblem . cash Sale Price: $113,600.00 OPTIONAL EQUIPMENT Extendible Dipperstick With Auxiliary Hydraulic Lines Mechanical Front Wheel Drive Hydraulic Quick Couplers For Auxiliary Hydraulic Lines 2-Lever Pilot Backhoe Controls Terms: Net 3~Days Delivery: 45-90 Days, ARO F.O.B. Englewood, Colorado $10,200.00 $6,700.00 Included In Base Price $1,025.00 We believe the equipment as quoted will exceed your expectations. On behalf of Honnen Equipment Co., thank you for the opportunity to quote John Deere machinery. This proposal is good for 90 days' File: Qty Of Englewood John Deere 710K, 112513.doc 5055 E 7-r'1 Avenue Commerce City, CO 80022 303-287-7506 2358 1-70 Frontage Road Grand Junction, CO 81505 970-243-7090 16 Girard Street Durango, CO 81301 970-247-4460 LJ -S 150 $8/t Creek Highway Mills, WY 82644 307-266-4474 MEMORANDUM TO : Englewood Water & Sewer Board FROM : Yasser Abouaish , Utilities Engineer DATE : December 23 , 2013 RE : Englewood Water Conservation Plan ACTION REQUESTED: Approval is requested from the Englewood Water Board for the attached letter, to be presented at the January 21 st Council Study Session . City Council needs to only approve the letter rather than re-adopt the entire Water Conservation Plan . The Colorado Water Conservation Board staff has agreed that the already-submitted plan doesn 't need to be officially modified (i.e . the letter of "clarification " will suffice). BACKGROUND: The following Conservation Plan steps have taken place: • Plan was completed and presented at Council study session • Plan was then finalized after public review/comment period • WSB recommended adoption by Council • Council adopted plan as an ordinance • Plan was submitted Colorado Water Conservation Board (CWCB) I DNR • Plan was "conditionally-approved" by CWCB staff and clarifications requested (mainly regarding full-metering timeline) • Englewood submitted a DRAFT letter to address the requested clarifications (WSB was copied) • CWCB staff responded with "required " modification to the DRAFT letter in order to approve the plan , and • Letter was accordingly modified s-t CITY 0 F ENGLEWOOD December 19, 2013 Mr. Kevin Reidy Office of Water Conservat ion and Drought Planning Colorado Water Conservation Board -DNR 1313 Sherman St., Room 721 Denver, CO 80203 RE: City of Englewood Water Conservation Plan Review Dear Kevin : The following letter is in response to the comments provided by your office (dated August 29 , 2013) regarding the City of Englewood 's September 2013 Water Conservation Plan . Administrative Both admin istrative issues have been addressed (please see forma l submittal and plan appendix) Consumption Number Issues Consumpt ion number issues have been resolved and the plan has been updated accord ingly . Water-wise Landscaping and Efficient Irrigation Add itional description on water-wise landscap ing and efficient irrigation was added to the plan . Turf and landscape standards and irrigation system requirements for new construction w ill be re-evaluated at future planning efforts due to the fact that Englewood is not seeing a large amount of new construction at this point. For water-wise landscaping and efficient irrigation educational programs , Englewood has opted to refer residents to Denver Water's educational programs . Englewood currently does not have the staff resources to build a landscaping and irrigation educational program . Residential and Commercial Audits The residential and commercial aud it programs could include both indoor and outdoor audits. The City envisions a residential audit program in wh ich local plumbers may be utilized to perform water audits for customers. Commercial water audits would be performed by a third party consultant and is an effective way to educate commercial and industrial bus inesses on how they can save water. s-2 1000 Eng lewood Parkway Eng lewood, Co lorado 80110 Ph o n e 303-762-2635 www.englewoodgov.o rg Incentive and Rebates The residential and commercial audit programs are the City's rebate and incentive programs. Due to the large amount of staff time needed to establish and run rebate and incentive programs , Englewood has opted not to pursue any additional rebate and incentive programs at this time . Metering Issues Last but not least, in CWCB 's initial plan review , you requested that the City commits to moving from a customer-based meter replacement program to a utility-base, pro-active meter installation program . Englewood has approximately 11,000 water connections , of which 8,700 are single family homes (SFH) -All non-residential accounts are metered. There remains 1, 750 SFH yet to be metered , and the City is changing those at a rate of 100-150 per year. To help customers understand how much water they use and how much that will cost, the City will phase in a fully-metered system (described below). Residents will know how much water they use , and the equivalent usage-based cost vs . flat rate , for a period of time before the metered rate takes effect. The City of Englewood is committed to full metering as a foundational goal for effective conservation planning . The Utilities Department has designed its water metering program in an innovative way that fits its unique conditions while ensuring compliance in a more-defined timeline as follows: PHASE I -Englewood will immediately begin a voluntary meter installation program/initiative* for 3 Years as described in the current water conservation plan. Englewood Utilities expects 250 new meter conversions per year based on the current mandatory conversion and Englewood Meter Assistance Program (EMAP) in addition to the new metering initiative . This new initiative will start in year 2014 for approximately 100 meters and continue on a rotating-basis . This should result in Englewood becoming fully-metered in 7 years PHASE II -If Phase I doesn't achieve the anticipated/required results (fully metered in 7 years), the City will implement an additional program to further expedite the pace of meter conversion. We will proactively add 100 new meter conversions per year.which will also encourage the new metered customers to convert to metered rate . This should ensure a fully-metered system by year 2019 Once again , we appreciate the financial and technical assistance we received throughout this planning process and are eager to start the implementation phase. I hope this letter satisfactorily addresses all the conditions in your review . Please feel free to contact me if you have any questions/concerns or need additional information . Respectfully , Gary Sears City Manager, City of Englewood s-3 MEMORANDUM To : Nancy Reid , Assistant City Attorney From: John Bock, Utilities Manager of Administratio Date: December 11, 2013 Subject: Interest on Late Fees . I recently received a phone call from a customer complaining that we are charging interest on late fees . The customer sited CRS 29-1-1102 (attached). Even though 12-lD-4 and 12-2-30 allow us to collect interest at the rate of 18% per year, we have elected not to. We do, however , collect delinquency charges on any unpaid balance. The EMC 12-2-3F , 3 directs that when a payment is received we satisfy storm water charges first , concrete charges next , then sewer charges and , lastly, water charges. So , as the various charges are satisfied, any associated late fees are also paid. With water charges being satisfied last, if the payment received is not enough to cover all the water charges, any remaining normal charges and late fees can have more late fees charged against them, thereby charging late fees on late fees. Are we only by the CRS? ~-I ..,,· C.R.S. 29-1-1102 (Copy w/ Cite) Pages: 2 ............................. _ .. , ........ _____ .. _ ...... ---··-·· ·······-·········-------···· . ·--··-··-·-··--·-·--··········-·······-· ·····---·-.··· . . . .. . ... . ... ··--·-········· ·----· . ---·-·-· ··-··-······-· ·····-· ·-·····-· ... . C.R .S. 29-1-1102 COLORADO REVISED STATUTES *** This document reflects changes current through all laws passed at the First Regular Session of the Sixty-Ninth General Assembly of the State of Colorado (2013) *** TITLE 29. GOVERNMENT -LOCAL GENERAL PROVISIONS ARTICLE l.BUDGET AND SERVICES PART 11. LOCAL GOVERNMENT DELINQUENCY CHARGES C.R.S. 29-1-1102 (2013) 29-1-1102. Delinquency charges (1) Notwithstanding any other provision to the contrary, no local government shall impose a delinquency charge except as provided in this section. (2) No delinquency charge may be collected by a local government on any amount due that is paid in full within five days after the scheduled due date. (3) No delinquency charge shall exceed the amount of fifteen dollars or up to five percent per month, or fraction thereof, not to exceed a total of twenty-five percent of the amount due, whichever is greater. (4) No more than the amount set forth in subsection (3) of this section shall be collected by a local government on any amount due regardless of the period of time during which the amount due remains in default. (5) In the event that an amount due is one of a series of payments to be made toward the satisfaction of a single fee, fine, pena lty, or other charge assessed by a local government, no more than the amount set forth in subsection (3) of this section shall be collected by a local government on any one of such payments regardless of the period of time during which the payment remains in default. (6) No interest shall be assessed on a delinquency charge. (7) Nothing in this section shall be construed to prohibit a local government from charging interest on an amount due . In no event shall such interest be charged upon a delinquency charge or any amount other than the amount due. In no event shall any such interest charge exceed an annual percentage rate of eighteen percent or the equivalent for a longer or shorter period of time. The provisions of this subsection (7) restricting the charging of interest shall not apply to delinquent interest imposed after a tax lien is sold at a tax lien sale pursuant to article 11 of title 39, C.R.S. G,-2 (8) Nothing in this section shall be construed to prohibit a local government from recovering the costs of collection, including but not limited to disconnection or reconnection fees, reinstatement charges, or penalties assessed where fraud is involved. HISTORY: Source: L. 99: Entire part added, p. 1335, § 3, effective January 1, 2000. Cross references : For the leg islative declaration contained in the 1999 act enacting this section , see section 1 of chapter 320, Session Laws of Colorado 1999 . WATER LINES: Denve r-West Slope water agreement finally final / Postlndependent.com Hannah Holm WATERLINES Free Press Weekly Columnist Back to: December 3, 2013 Page 1 of 2 WATER LINES: Denver-West Slope water agreement finally final Denver can take a little more water from the Colorado River 's headwaters to increase the reliability of its system, but won't develop any new transmountain diversions without West Slope agreement and will help repair damage from past diversions. Those are some of the key provisions in the Colorado Cooperative Agreement between Denver Water and 42 West Slope water providers and local governments from the Grand Valley to Grand County. The Colorado Cooperative Agreement co vers a whole suite of issues related to Denver's diversion of water from the Fraser and Blue River drainages, tributaries to the Colorado River. In October, with little fanfare, this historic agreement received its final signatures and was fully executed. It took five years of mediation and nearly two years of ironing out the details with state and federal agencies, against a backdrop of decades of litigation, to get to this point. According to material from the Colorado River District's latest quarterly meeting, the agreement, "is the direct result of Denver Water's desire to expand its Moffat Tunnel transmountain water supply from the Fraser River in Grand County and to enlarge Gross Reservoir in Boulder County." This project is expected to divert, on average, approximately 18,000 acre feet/year of water beyond the average of 58,000 acre feet/year it already diverts, which amounts to about 60% of the natural flow in the Fraser River at Winter Park. Under the agreement, the West Slope parties agreed not to oppose the increased Moffat Collection System diversions, and Denver Water agreed not to expand its service area and not to develop new water projects on the West Slope without the agreement of the resident counties and the Colorado River District. The agreement also includes dozens of other provisions designed to limit water demands in Denver and address water quality and flow conditions in the Colorado River and its tributaries. Here's a sampling: Denver will contribute both water releases and several million dollars for a "learning by doing" project to improve aquatic habitat in Grand County. The project will be managed by representatives from Denver Water, Grand County, Colorado Parks and Wildlife , Trout Unlimited and other water users. Denver will not exercise its rights to reduce bypass flows from Dillon Reservoir and its collection system in Grand County during droughts unless it has banned residential lawn watering in its service area. 7 -/ http://www.postindependent.com/news/grandjunction/9 l 89659-113 /colorado-agreement-denver-slope 12 /4/2013 w_ fl: T_~!3:.1!~E'.-~:.. 1?~!1.Y_e~:.W~s~ rSJ9p~_ ~a_!~r _a_g;I_~e_!:l1_e_l)t [m1;1P.Y_fi_n~!J_P<.>~U!1_d~p~pg~n.!:_c_<?!.1:! .. ______ r ______ -~'1;.g~_~_of 2 Shosho~e l;iydroelectric power plant in Glenwood Canyon were calling for its (very senior) water right, even at times when the plant is down. This is important for recreational and environmental flows in the river, as well as for junior water users downstream from plant. Denver Water will pay $i.5 million for water supply, water quality or water infrastructure projects benefiting the Grand Valley, and $500,ooo to offset additional cos t s for water treatment in Garfield County when the Shoshone call is relaxed due to drought conditions. A similar agreement is under development between West Slope entities and Northern Water, which currently diverts about 220,000 acre feet/year of water from the Upper Colorado River to the Front Range through the Colorado Big Thompson Project. Like the Colorado Cooperative Agreement, the Windy Gap Firming Project Intergovernmental Agreement trades West Slope non-opposition to increased transmountain diversions for mitigations to address the impacts of both past and future stream depletions. Both the Colorado Cooperative Agreement and the Windy Gap Firming Project Intergovernmental Agreement have been hailed as models of cooperation. Meanwhile , East Slope -West Slope tensions continue to mount over how the Colorado Water Plan, currently under development, should address the possibility of additional diversions of water from the West Slope to meet growing urban demands on the Front Range. These agreements demonstrate that such tensions can be overcome, but also that it could take more time than allowed by the 2015 deadline Gov. Hickenlooper has set for completion of the Colorado Water Plan. Full details on the Colorado Cooperative Agreement can be found on the River District's website, under "features" at http://www.crwcd.org/. More information on the Co lorado Water Plan can be found at http://coloradowaterplan.com/. Water Lines is a series of articles coordinated by the Water Center at Colorado Mesa University in cooperation with the Colorado and Gunnison Basin Roundtables to raise awareness about water needs, uses and policies in our region. To learn more about the basin roundtables and statewide water planning, and to let the roundtables know what you think, go to www.coloradomesa.edu/WaterCenter. You can also find the Water Center on Facebook at /WaterCenter.CMU or Twitter @WaterCenterCMU. Hannah Holm is coordinator of the Water Center at Colorado Mesa University. ©2005 : 2013 Swift Communications. Inc . 7-2., http://www.postindependent.com/news/grandjunction/9189659-1l3 /colo rado-agreement-denver-slope 12/4/2013 ; I c T y 0 F OFFICE OF THE CITY ATTORNEY Jack Derby 6601 South Steele Street Centennial, CO 80121 January 10, 2014 The Office of the City Attorney does not handle billing disputes unless requested by the Water and Sewer Board. The Englewood Water and Sewer Board is having a meeting on Tuesday, January 14, 2014 at 5:00 PM at 1000 Englewood Parkway, 3rd floor and will be addressing interest charges. There will be time when visitors can speak to address concerns. Feel free to attend this meeting. Attachment CC: Stu Fonda / John Bock DB /nf Daniel L. Brotzman, City Attorney Nancy N. Reid, Deputy City Attorney Dugan S. Comer, Assistant City Attorney . ' 1/7/2014 RE: Account -00060598-31060066013 -6601 S. Steele Street, 80121 Daniel L. Brotzman Englewood Civic Center 1000 Englewood Parkway Englewood, CO 80110 Dear Mr. Brotzman: I have tried unsuccessfully on several occasions to resolve my dispute with John Brock. I would like to catch my account up but am not paying penalties, interest or paying my account in advance a year at a time. Please send me a detailed bill without penalties or interest showing service since I purchased this home (approx. 5/2010) and payments made -I will immediately pay it in full . I then want to be on a billing cycle where I pay no more than six months in advance like property taxes, and ideally quarterly. If you choose not to do this I think we should have the American Arbitration Association hear this dispute. Jack Derby 6601 S. Steele Street Centennial, CO 80121 December 19 , 2011 Mr. Jack Derby, III 6601 S. Steele St. Centennial , CO 80121 Re: Englewood Waste Water Treatment Bill Dear Mr. Derby: While we understand your position, we are unable to comply with your bill requests. Englewood 's billing and collection practices are set by Municipal Code and Departmental policy. We are obliged to comply with those requirements. A possible solution might be to call in and set up a payment plan. Service has been rendered for July 151 through this date. That amount can be paid. Then , a payment schedule can be established for the remaining charge to be paid at an interval agreeable to everyone. If all goes according to plan , we will be implementing customer service software next year that will allow an individual to easily set up partial payments that would more closely approximate your views on when payments are appropriate. Information about the new software will be included with the next bill. In the meantime, the charges on your account are correct. The Englewood service area and its connector districts were established long before the creation of the City of Centennial. South Arapahoe Sanitation District provides sewer collection in your area and Englewood provides sewage treatment. The City of Centennial did not take over those services and does not collect any of those fees. If you have any questions or need assistance , please feel free to contact me. Sincerely John Bock Utilities Manager of Administration 303-762-2643 Fax 303-783-6894 j bock @ englewoodgov .org November 30 , 2011 Jack A. Derb y, III 6601 S . Steele St. Centennial , CO 80121 Re: Englewood Waste Water Treatment Bill Dear Mr. Derb y : Thank you for your inquiry of November 20 , 2011. The account history for 6601 S Steele St. is shown on the next page. On 7I 12 /2010 an annual bill for $299.99 with service dates 7/1 /2010 to 613012011 was mailed. It was not paid and on 5/3/2011 late charges were added . On 7/1/2011 an annual bill for $309.76 and with service dates 7/112011 to 6/30/2012 was mailed. On 8/11/2011 payment in the amount of $299.99 was received which appears to be for the 7/12 /2010 bill. Englewood wastewater treatment bills are due within 30 days of the bill date , after which time they become past due and subject to late fees and collection actions. The annual bills Englewood sends to residents in your area contain three different charges : Sewer Cycle Billing is for sewage treatment at the Littleton/Englewood Waste Water Treatment Plant; IBA is for the repair and maintenance of the Big Dry Creek Interceptor which carries the sewage to the Plant ; South Arapahoe Sanitation District Billing is money collected on behalf of that District for the repair and maintenance of the sanitary sewer collection system in your area , which system is not owned or operated by Englewood. The increase you see in the billed amount is due to increases to the Sewer Cycle Billing (8%), a small increase in the IBA charge ($2.82) and the addition of the past due fee . The South Arapahoe Sanitation District Charge went down by $1 .85. If you have any questions or need assistance, please fee l free to contact me . Sincerely John B ock Utilities Manager of Administration 303-762 -2643 Fax 303 -783 -6894 jbock@ englewoodgov.org Trans Date Transaction Descriptio n 8/11/2011 0:00 Payment Payment -Thank You 7 /1/2011 0:00 Cycle Billing Due : 08/14/2011 Cycle Bill ing Due: 08/14/2011 5/3/2011 0 :00 Sewer Balance Late Fee Outstanding Sewer Balance Late Fee 7/12/2010 0:00 Cycle Billing Due: 08/25/2010 Cycle Billing Due: 08/25/2010 Amount Balance Service Dates ($29 9.99) $358.21 $309. 76 $658.20 7 /1/2011 to 6/30/2012 $48.45 $348.44 $299.99 $299.99 7 /1/2010 to 6/30/2011 October 11 , 2012 Mr. Jack Derby III 6601 Steele St. Centennial , CO 80121-2947 Re: Advanced Billing for Englewood Wastewater Treatment Charges Dear Mr. Derby: At its meeting on October 10, 2012, the Englewood Water and Sewer Board discussed the subject of billing in advance for wastewater treatment services and whether to deviate from that policy. It was the Board 's unanimous decision to maintain the City's practice of billing in advance. The Board confirmed that, while the bill is for the year in advance, the Department 's online and telephone systems can be used to make monthly payments. The Utilities Department should be contacted to make arrangements for any payment schedule other than full payment. If you have any questions or need assistance, please feel free to contact me . Sincerely John Bock Utilities Manager of Administration 303 -762-2643 Fax 303-783-6894 j bock@ englewoodgov.org