HomeMy WebLinkAbout2014-09-09 WSB AGENDAWATER & SEWER BOARD
AGENDA
TUESDAY, SEPTEMBER 9, 2014
COMMUNITY DEVELOPMENT CONFERENCE ROOM
1. MINUTESOFTHEAUGUST,2014MEETING. (ATT.1)
EXECUTIVE SESSION:
DAVID HILL -BERG, HILL & GREENLEAF -ENGLEWOOD WATER
ATTORNEY.
2. SOUTH ARAPAHOE SUPPLEMENT #38 -ASPEN ACADEMY. (ATT. 2)
3. INFORMATIONAL ITEM: MULTI-FAMILY TAPS & SUB-METERING.
(ATT. 3)
4. MEMO FROM CITY ATTORNEY DATED AUGUST 26, 2014 RE: OPEN
SEWER CONNECTIN IN A RESIDENTIAL YARD. (ATT. 4)
5 . OTHER.
Present:
Absent:
Also present:
WATE R & SEWER BOA RD
MINUTES
AUGUST 19, 2014
Wiggins, Penn, Olson, Lay, Gillet , Oakley, Burns
Moore, Habenicht, Waggoner
Stewart Fonda, Director of Utilities
John Bock, Manager of Admini stration
The meeting was called to order at 5:00 p.m.
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1. MINUTES OF THE JULY 8, 2014 WATER BOARD MEETING .
The Board received the Minutes of the July 8, 2014 Water and Sewer Board meeting.
Motion: To approve the July 8, 2014 Water and Sewer Board Minutes as written.
Mo ve d: Burns Seconded: Lay
Motion carried.
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2. KENT PLACE WATER & SEWER TAP CREDIT REFUNDS.
Mr. Eric Chekal, representing Kent Place Regency and Kent P lace Associates, has requested a
refund of surplus water and sewer tap credits for Kent P lace. The Board received an accounting
of how the credits are to be divided among the claimants. The City Attorney's office noted that
there is no legal impediment to refunding the tap fees which were paid in excess of the amount
owed.
Motion: To approve the reimbursement of water and sewer tap credits as agreed between
Kent Place Associates, Kent Place Regency, Kroger Company and Christofferson
Commercial Builders, Inc .
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Moved: Burns Seconded: Oakley
Motion carried.
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3. ILLEGAL TAP UPDATE -2000 W . QUINCY A VE.
The Board received an update from Randy Mourning of the City of Sheridan on the progress of
the owners correcting the illegal sewer taps to 1920 W. Quincy Ave., 2000 W. Quincy Ave. and
4343 S. Santa Fe Drive. Randy Mourning noted that if the project stalls or the parties involved
fail to meet all obligations, the services will be immediately disconnected without further notice.
Mr. Fonda recommended that owners enter into a maintenance agreement once the properties are
correctly connected and tap fees paid. John Bock has invoiced the owners for past treatment
charges . Sheridan District would be the entity to disconnect the sewer services. Mr. Gillit
recommended that the verbage regarding fines be removed if fines are not being imposed .
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4. SUPPLEMENTAL ENVIRONMENT AL PROJECT -EMERSON TRAIN
CONNECTION.
In 2012, the Littleton and Englewood city councils entered into a Compliance Order on Consent
(COC) with the Colorado Water Quality Control Division (WQCD) to resolve issues regarding
20 sewer spills that occurred over ten years at the Littleton/Englewood Wastewater Treatment
Plant. There was an administrative penalty of $105, 150 for alleged violations of state law. The
COC provided that supplemental environmental projects could be performed to offset the
administrative penalty. Both cities decided to construct enhancements to their public trail
system.
The WQCD believes that Englewood did not provide adequate environmental benefit, and is
therefore not granting full credit against the penalty amount. The final amount of the penalty
was reduced to $23,283. $9,283 in fines had been previously paid. $14,000 is the remaining
penalty that must be paid.
Staff and the City Attorney 's office have reviewed this proposed fine which must be paid.
Motion:
Moved:
Motion carried .
To recommend payment of the proposed settlement amount to the Water
Quality Control Division for the Compliance Order on Consent. The
remaining amount needed for payment is $14,000.
Burns Seconded: Penn
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5. FEES FOR SERVICES.
The Board will be receiving several ordinance changes at a future meeting. One of the proposed
changes will be to remove certain fees for services from the water section of the Englewood
Municipal Code and restructure these fees to be approved by council resolution.
The Board was asked to consider any adjustments to these fees before the ordinance changes are
drafted for council. The proposed fees will be removed from the Englewood Municipal Code by
ordinance and set by a resolution. The Board and staff discussed the existing fees and what
would more accurately cover expenses. It was proposed that the $5 red tag fee remain the same,
that water shut-offs for non-payment be raised to $30, that the fee for uncovering a curb stop
valve box be raised to $60 and that the S 100 to thaw a frozen service line remain the same.
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6. ADDITIONAL SEWER CONNECTIONS TO CUSTOMER SERVICE LINES.
The Board received language that will be added to the Englewood Municipal Code to include
inspections of additional connections that are to be made to private sewer lines. The Board
agreed on the additional provision to the sewer section of the Englewood Municipal Code. The
addition to the code will read, "When a property owner wishes to make an additional connection
to their private sanitary sewer service line, plans and specifications must be submitted to the
Utilities Department for application. Inspection fees will apply. All work will be inspected by
the Utilities Department and must comply with all applicable state and Englewood Municipal
Code requirements."
The Board also received information from the city attorney's office that notes that there is an
existing Englewood Municipal Code Section #12-2-5 (B) (v) that addresses the issue of
recreational vehicles discharging into private sewer services. Englewood Municipal Code 12-2-5
(B) (v) states , "Liquid wastes from chemical toilets, trailers, campers or other recreational
vehicles which have been collected and/or held in tanks or other containers shall not be
discharged in the POTW except at locations authorized by the City to collect such wastes." This
was forwarded to the Englewood Code Enforcement division.
Motion:
service line.
to recommend an ordinance change concerning additional connections to a sewer
Moved: Gill it Seconded: Bums
Motion carried:
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7. FIRE HYDRANT METER
Currently, when a contractor applies for a fire hydrant perm.it, a refundable deposit of $600 is
collected in case the fire hydrant meter is damaged or not returned. New fire hydrant meters
were just purchased for $900/each. Staff recommends raising the deposit for fire hydrant usage
permits to s; 1,000.
Motion: To increase the deposit for fire hydrant meter usage permits to s; 1,000.
Moved : Lay Seconded: Bums
Motion approved.
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7. BUDGET.
Stewart Fonda, Director of Utilities , reviewed the proposed Water and Sewer Utilities Budget for
2015 with the Board .
The meeting adjourned at 6 : 10 p.m.
The next Water and Sewer Board meeting will be Tuesday, September 9, 2014 at 5:00 in the
Community Development Conference Room .
Respectfully submitted,
Cathy Burrage
Recording Secretary
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COUNCIL COMMUNICATION
Date Agenda Item
November 3 , 2014
STAFF SOURCE
Subject
S. Arapahoe Sanitat ion Dist rict
Supplement #38
INITIATED BY
Utilities Department Stewart H. Fonda , Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
N/A
RECOMMENDED ACTION
The Englewood Water and Sewer Board , at their September 9, 2014 meeting , recommended Council
approval , by motion , of the South Arapahoe Sanitation District Supplement #38.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood provides sewage treatment outside of the City of Englewood through contracts
with numerous connector districts . By contract , the city of Englewood must approve any additions of
land to be served by the districts . These are usually in-fill situations that are within what the City
considers to be the area it has committed to serve. Adequate capacity has been provided in the
treatment plant to accommodate all such future inclusions. Annexation of this parcel of land will not
increase the tap allocation of the South Arapahoe Sanitation District.
A request was made by the South Arapahoe Sanitation District representing the owner, Aspen
Academy Investment Fund , for inclusion of Supplement #38 consisting of a parcel totaling 4.047 acres
into the South Arapahoe San itation District. Through an error , it was believed that this parcel was in
the Southgate San itation District , but was actually located in the South Arapahoe Sanitation District.
The Petition for Exclusion hearing from the Southgate Sanitation District was July 8 , 2014 , and was
recorded on July 15 , 2014.
The property is located on the corner of S. University Blvd. and E. Orchard Rd. It is zoned R-1.0 PUD ,
which is a residential classification , but has a special use permit that allows it to operate as a school.
There are no plans to change the zoning.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
South Arapahoe Sanitation District Supplement #38
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SOUTH A.RAP AHOE SA.i'l\iIT A TION DISTRICT
PETITION FOR INCLUSION OF REAL PROPERTY
The undersigned, ASPEN ACADEMY INVESTMENT Fill'.TD (-'Aspen"'). a Colorado non-profit
corporation, being the fee owner(s) of real estate described on Exhibit A (the "Property .. ) attached
hereto, pursuant to CRS 32-1-40 I, et seq .. hereby petition(s) for the inclusion of the Property within the
South Arapahoe Sanitation District ("District"). Arapahoe County, Colorado. and states as follows:
I . This application is made with the understanding and agreement that the District will
charge Aspen for the 2013 Distri ct service charges attributable to the Property, totaling$ J ,053.55, and for
subsequent years only.
2. That the Property proposed to be included \\.ithin the said Dis trict is capable of being
served with the facilities of the District. .
3. That the true and accurate legal description of the Property to be included is as set forth
on the attached Exhibit A . ·
4. That assent to the inclu s ion of the of the Property in the District is hereby given by
Aspen, which is the sole fee o>rner of such Property.
5. That there shall be no withdrawal of this Petition after consideration by the Board of
D i rectors of the District.
6. That upon written request , Aspen agrees to supply such information as required b)-the
Rules and Regulations of the District.
WHER EFO RE , the undersigned Petitioner requests that the Board of Directors of the District fix
a date, time and place for an open meeting at which this Petition shall be heard; that a notice of filing of
this Petition be published as required by law; that the above-described Property be included in the Distr ict
in accordance with the statutes of the State of Colorado; and that all inclusion fees, costs and charges
required under the Rules and Regulations of the District be ·waived.
RESPECTFULLY SUBMITTED this 1 day of MA."i , 2014.
ASPEN ACADEl\tlY JJ\VESTMENT FUND,
Title: President
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STA TE OF COL OR.c\.DO
) SS.
COUNTY OF AR APHAOE )
The foregoing instrument vvas signed before me this i day of~"'/ 2014
by Kristina Scala, as President of Aspen Academy Investment Fund. a Colorado non-profit corporation.
\Vitness my official hand and seal; /
My commiss ion expires: /t' /r¥ /)of ?
(SEAL) ~-;?"----............... --
PAMELA J, WELKER
. . NOTARY PUBLIC ~S TATE OF CO L ·)RADO
j QTARY 10199 r:-±•102250
~v ~:OM!15ISSIO i ~'):Xfl : . ::: 10/18/2016 .......... _. -";. -·. ______ _,
PAMELA J. WELKER
NOTARY PUBLIC
STATE OF COLORADO
~!JOTARY 1019964002250
MY COM ~I SSI(. ~·v :{PJRES 1011812016 .__ ___ ·;' _____ ......
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PARCEL A:
EXHIBIT A
(LEGAL DESCRIPTI01\)
A PARCEL OF LAND BEING IN THE SOUTHEAST l /4 OF SECTION 14, TO\VNSHIP 5
SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERfDIAN, MORE PARTICULARLY
DESCRIB ED AS FOLLOWS:
BEG INNING AT THE POINT OF INTERSECTION OF THE NORTH RIGHT OF WAY LINE
OF EAST ORCHARD ROAD , BEING 30 FEET NORTH OF AND PARALLEL \VlTH THE
SOUTH LINE OF THE SAID SOUTHEAST 1/-1-, WITH THE WEST RIGHT OF WAY LINE
OF SOUTH UNIVERSITY BOULEVARD BEING 45 FEET WEST OF AND PARALLEL
WITH THE EAST UNE OF SAID SOUTHEAST 1/4; THENCE NORTHERLY ALONG SAID
WEST RIGHT OF WAY LINE A DISTANCE OF 178 .7 0 FEET; THENCE WESTERLY AND
PAR.r'\LLEL WITH SAID SOUTH LINE ON AN INTERIOR ANGLE TO THE RIGHT OF 88
DEGREES 41 MlNUTES 20 SEC ONDS A DISTANCE OF 163.70 FEET ; THENCE
SOUTHERLY AND PARALLEL WITH THE EAST LINE OF THE SAID SOUTHEAST 1/4
ON AN lNTER!OR ANGLE TO THE RIGHT OF 91 DEGREES 18 MINUTES 40 SECONDS
A DISTANCE OF 178 . 70 FEET TO A PO TNT ON THE SAID NORTH RIGHT OF WAY
LINE; THENCE EASTERLY ALONG THE SAJD NORTH RIGHT OF WAY LINE ON AN
INTER!OR ANGLE TO THE RIGHT OF 88 DEGREES 41 MrNUTES 20 SECONDS A
DfST ANCE OF 163. 70 FEET TO THE POINT OF BEGlNN ING ,
COUNTY OF AR.A.PAHOE , ST ATE OF COLORADO .
PARCEL B:
A PARCEL or LAND BEING IN THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 5
SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN'NING AT THE POINT ON THE NORTH RlGHT OF WAY LINE OF EAST
ORCHARD ROAD. BEING 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH
UNE OF SAID SOUTHEAST 1/4, 208 .7 FEET WEST OF AND PARALLEL TO THE EAST
UNE OF THE SOUTHEAST 1/4: THENCE NORTHERLY AND PARALLEL TO THE SAID
WEST RIGHT OF WAY UNE A DISTANCE OF 178 .70 FEET ; THENCE WESTERLY AND
PARALLEL WITH SAID SOUTH LINE ON AN INTERIOR ANGLE TO THE RIGHT OF 88
DEGREES 4 1 MINUTES 20 SECONDS A DlSTANCE OF 206 .70 FEET TO A POINT ON
THE EASTERLY BOUNDARY UNE OF THE PARCEL DESCRIBED IN BOOK 814 AT
PAGE 585; THENCE SOUTHERLY ALONG SAID EASTERLY BOUNDARY LINE AND
PARALLEL WITH THE EAST Ll?\E OF THE SAID SOUTHEAST 1/4, ON AN INTERIOR
ANGLE TO THE RIGHT OF 90 DEGREES 18 MlNUTES 40 SECONDS A DISTANCE OF
178 .70 FEET TO A POINT ON THE SAID NORTH RIGHT OF WAY LINE; THENCE
EASTERLY ALONG SAID NORTH RIGHT OF WAY LINE ON AN INTERIOR ANGLE TO
THE RIGHT OF 88 DEGREES 41 MINUTES 20 SECONDS A DISTANCE OF 206.70 FEET
TO THE POI\IT OF BEGINNfNG .
COUNTY OF ARAPAHOE, STATE OF COLORADO.
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PARCEL C:
A PARCEL OF LAND BEING fN THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 5
SOUTH , RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN , MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
BEGINNING AT A POINT 500 FEET J\ORTH OF THE SOUTHEAST CORNER OF SAID
SECTION 14; THENCE WEST 417.4 FEET TO THE NORTHEAST CORNER OF THE
TRACT OF LAND DESCRIBED IN DEED RECORDED MAY 31 , 1952 IN BOOK 759 AT
PAGE JJ __ Q.; THENCE SOUTH ALONG THE EAST LINE OF SAfD TRACT A DISTANCE OF
291.3 FEET; THENCE EAST 417.4 FEET, MORE OR LESS , TO THE EAST LIKE OF SAID
SECTION 14; THENCE NORTH ALONG THE EAST UNE OF SAID SECTION 14 A
DISTANCE OF 29 I .3 FEET TO THE POINT OF BEGINNfNG:
EXCEPTING THEREFROM THAT PART OF SAID TRACT LYING EAST OF THE WEST
UNE OF THE PARCEL CONVEYED TO THE DEPARTMENT OF HfGHWAYS IN BOOK
1655 AT PAGE253,
COUNTY OF ARAPAHOE, STATE OF COLORADO.
PARCEL D:
TRACT C. GREEN OAKS , COUNTY OF ARAPAHOE , STATE OF COLORADO .
PARCEL E:
THAT PART OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST
1/4 OF SECTION 23 , TOW~SHIP 5 SOUTH , RANGE 68 WEST OF THE 6TH PR INCIPAL
MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT A POINT 40 FEET SO UTH AND 247 FEET WEST OF THE NORTHEAST
CORNER OF SAID SECTION 23, SAID PARCEL ALSO BEING THE SOUTHEAST
CORNER OF THE PARCEL OF LAND DESCRIBED IN BOOK 5 I 58 AT PAGE 23 I OF THE
ARAPAHOE COUNTY RECORDS;
THENCE WEST ALONG THE SOUTH LINE OF SAID PARCEL OF LAND DESCRIBED fN
BOOK 5158 AT PAGE 23 l A DISTANCE OF 203 FEET TO THE MOST NORTHERLY
NORTHEAST CORNER OF "CHERRY HILLS CREST" AS RECORDED IN PLAT BOOK 14
AT PAGE 18;
THENCE SOUTH ALONG THE EASTERLY LINE OF SAID CHERRY HILLS CREST A
DISTANCE OF 506 FEET TO A POINT ON THE NORTH LINE OF LOT 4, BLOCK 4,
CHERRY HILLS CREST;
THENCE EAST ALONG THE NORTH LINE OF LOTS 7, 8, 9 AND l 0, BLOCK 4 OF
CHERRY HILLS CREST A DISTANCE OF 228 FEET TO THE SOUTHWEST CORNER OF
THAT PARCEL OF LAND DESCRIBED IN BOOK 2019 AT PAGE 721 OF THE
ARAPAHOE COUNTY RECORDS;
THENCE NORTH ALONG THE WEST LINE OF SAID PARCEL OF LAND DESCRIBED IN
BOOK 2019 AT PAGE 721 A DISTANCE OF 350 FEET;
THENCE WEST A DISTANCE OF 25 FEET;
THENCE NORTH 166 FEET TO THE POfNT OF BEG I"l\'NING,
COUNTY OF ARAPAHOE, ST A TE OF COLORADO.
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Reception #: 04066899, 07/25/2014 at 03:55 PM, 1 OF 4, Recording Fee $26.00
Electronically Recorded Official Records Arapahoe Coun ty, CO Matt Crane, Clerk
& Recorder
DISTR ICT GOUR 1, ARAPAHOE COUNTY , COLORADO
Court Address:
7325 S Potomac St , Ce nten ni al, CO, 80112
DATE ViLF.D : ld?· 24. 2014 -1::;9 PM
(;,\SE Nt.:MEEH.: J ~lilCVi608l
In the Matter of: SOUTHGATE SAN ITATION DISTRICT
/)). COURT USE ONLY /;).
Case Number: 1961CV16082
Divisiori : 407 Courtroom:
Order: Order re: Motion for Court Order of Exclusion-Aspen Academy Investment Fund Property
The motion/proposed order attached hereto : GRANTED.
Issue Date : 7/2412014
CHRISTOPHER CHARLES CRO SS
District Cou rt Judge
2 -&i
Reception #: D4066899, 2 OF 4
Arapahoe County, District Court
Arapahoe County Justice Center
7325 s. Potomac Street
Englewood, CO 80112
Phone: 303-649-6355
IN THE MATIER OF THE EXCLUSION OF
LAND FROM THE SOUTHGATE SANITATION
DISTRICT Court Use Only " ...
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.-.~ .. -. --..
-. ' ·:· ....
Case No. 61 CV 16082 . . '~ ... .. ' ·. ·~ . ._
" .,,.
Division 407 courtr-Oom
' ,·, .. ~ ..
COURT ORDER OF EXCLUSION -ASPEN ACADEMY INVES~~Ef.JT FUND PROPERTIES
..
THIS MATTER HAVING COME BEFORE THE COURT upon motion of the Southgate Sanitation
District and the Court being sufficiently advised in }he premises, FINDS:
:... ~.
1. That a copy Of the Order of Exclus iOFl a'dopted July 8, 2014 by the Board of Di rectors
of the Southgate Sanitation District (Dlsfopt)-Has been filed with the Clerk of this Court as
provided by law wherein certa in properties therein descr ibed were excluded from the
District; ··.
2. That it appears fronythe documents and papers on file that the proceedings of the
District with reference to exclusion of such properties from the District were regular and in
accordance with requirements of law .
NOW, THEREFORE , 'iT IS ORDERED that the Aspen Academy Investment Fund (Parcels A-D)
properties~ ~ljy 'described as:
PARCEL A: A PARCEL OF LAND BEING IN THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 5
soun-i, RANGE 68 WEST OF THE 6TH PR INCIPAL MERIDIAN, MORE PARTICULARLY
DESCRIBED Af3 FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF EAST
ORCHARD ROAD , BEING 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE
SAID SOUTHEAST 1/4, WITH THE WEST RIGHT OF WAY LINE OF SOUTH UNIVERSITY
BOULEVARD BEING 45 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SA ID
SOUTHEAST 1/4; THENCE NORTHERLY ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE
OF 178.70 FEET; THENCE WESTERLY AND PARALLEL WITH SAID SOUTH LINE ON AN
INTERIOR ANGLE TO THE RIGHT OF 88 DEGREES 41 MINUTES 20 SECONDS A DISTANCE OF
Z-7
Reception #: 04066899, 3 OF 4
163.70 FEET; THENCE SOUTHERLY AND PARALLEL WITH THE EAST LINE OF THE SAID
SOUTHEAST 1/4 ON AN INTERIOR ANGLE TO THE RIGHT OF 91DEGREES18 MINUTES 40
SECONDS A DISTANCE OF 178.70 FEET TO A POINT ON THE SAID NORTH RIGHT OF WAY
LINE; THENCE EASTERLY ALONG THE SAID NORTH RIGHT OF WAY LINE ON AN INTERIOR
ANGLE TO THE RIGHT OF 88 DEGREES 41 MINUTES 20 SECONDS A DISTANCE OF 163.70
FEET TO THE POINT OF BEGINNING, COUNTY OF ARAPAHOE, STATE OF COLORADO.
PARCEL B: A PARCEL OF LAND BE ING IN THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP
5 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MER IDIAN, MORE PARTICULARLY ·
DESCRIBED AS FOLLOWS : ,,: ... "
' :~ ~ ': ...
BEGINN ING AT THE POINT ON THE NORTH RIGHT OF WAY LINE OF EAST ().RCf.iARD ROAD,
BEING 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST 1/4,
208.7 FEET WEST OF AND PARALLEL TO THE EAST LINE OF THE SOUfH~f.ST 1/4; THENCE
NORTHERLY AND PARALLEL TO THE SAID WEST RIGHT OF WAY LIN,E A DISTANCE OF 178.70
FEET; TH ENCE WESTERLY AND PARALLEL WITH SAID SOUTH LINE ON AN INTERIOR ANGLE
TO THE RIGHT OF 88 DEGREES 41 MINUTES 20 SECONDS'A DISTANCE OF 206.70 FEET TO
A POINT ON THE EASTERLY BOUNDARY LINE OF THE PARCEC DESCRIBED IN BOOK 814 AT ·.' ~
PAGE 585; THENCE SOUTHERLY ALONG SAID EASTERLY BOUNDARY LINE AND PARALLEL
WITH THE EAST LINE OF THE SAID SOUTHEAST 1/4, ON AN INTERIOR ANGLE TO THE RIGHT
OF 90 DEGREES 18 MINUTES 40 SECONDS~ QJST;ANCE OF 178.70 FEET TO A POINT ON
THE SAID NORTH RIGHT OF WAY LINE; THENCE:EASTERLY ALONG SAID NORTH RIGHT OF
WAY LINE ON AN INTERIOR ANGLE TO TH~ Ri GHT OF 88 DEGREES 41 MINUTES 20
SECONDS A DISTANCE OF 206.70 FEET TO THE POINT OF BEGINNING. COUNTY OF
ARAPAHOE, STATE OF COLORADO ... ,
: . ~: '
PARCEL C: A PARCEL OF LAND .BEiNG IN THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 5
SOUTH, RANGE 68 WESTOF°THE 6TH PRINCIPAL MERIDIAN, MORE PARTICULARLY
DESCRIBED AS FOLL,OWS:·· ,
......
BEGINNING ATA'B,OINT 500 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SECTION
14; THENCE WEST 417.4 FEET TO THE NORTHEAST CORNER OF THE TRACT OF LAND
DESCRIB~Q)N .DEED RECORDED MAY 31, 1952 IN BOOK 759 AT PAGE 176; THENCE
SOUTH ALONG THE EAST LINE OF SAID TRACT A DISTANCE OF 291.3 FEET; THENCE EAST
417kFEET, MORE OR LESS, TO THE EAST LINE OF SAID SECTION 14; THENCE NORTH
ALONG THE EAST LINE OF SAID SECTION 14 A DISTANCE OF 291.3 FEET TO THE POINT OF
BEGINNING;
EXCEPTING THEREFROM THAT PART OF SAID TRACT LYING EAST OF THE WEST LINE OF THE
PARCEL CONVEYED TO THE DEPARTMENT OF HIGHWAYS IN BOOK 1655 AT PAGE 253,
COUNTY OF ARAPAHOE, STATE OF COLORADO.
PARCEL D: TRACT C, GREEN OAKS, COUNTY OF ARAPAHOE, STATE OF COLORADO.
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Reception #: 04066899, 4 OF 4
be and hereby are exc l uded from the So uthgate Sani t atio n District pu rsuant to§ 32-1-501,
C.R .S. subject to the terms and conditions of the Boa rd's Order of Exc lus ion referenced
there in.
DATED: ______ , 2014. BY THE COURT
District Court Judge ... ~ : .. ·. : . ,,
.-.~ . -: .
,·· .. :
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1"
IF THIS BAR IS NOT DIMEN S ION SHOWN,
ADJUST SCALES ACCORDINGLY .
SOUTH ARAPAHOE SANITATION
DISTRICT
KEN NEDY/JENKS CO NSULTAN TS
LAKEWOOD , COLORADO
ASPEN ACADEMY
DATE
1446017°00
SH EET
8/18 /2014
Exhlblts.dwg
1OF1
() -I
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c
TO:
FROM:
DATE:
RE:
T y 0 F ENGLEWOOD
MEMORANDUM
Englewood Water & Sewer Board
Yasser Abouaish, Utilities Engineer I~
September 2, 2014
Water Account Sub-Metering
Attached is information on the growing trend of sub-metering in the multi-family sector.
Sub-metering allows significant water savings in multi-family situations where a sole master meter has
been in stalled . This allows the property owners or management to allocate the water charges in a more
equitable manner rather than on an average, per unit basi s, therefore giving the individual units an
incentive for water conservation.
Following a nationwide trend for water conservation best practices, other municipalities, including
Denver Water Department, now require new multi-family construction to sub-meter to promote potential
cost effective water savings.
1000 Englewood Park way Engl ewood, Colorado 80110 Phone 303-762-2635
www.englewoodgov.org
.3-J
WATER SUB-METERING
Water utilities throughout the country continue to pursue options for additional water
conservation opportunities through new measures and new technologies. One potential source
of water savings is in the multi-family sector where utilities typically bill the owner through one
master meter and the residents pay for their water and wastewater as part of the monthly rent.
Embedded in this paradigm is little or no incentive for the end user. the resident , to save water
because there is no direct pricing signal since water is paid for in the rent.
As water and wastewater costs increase faster than the rate of inflation, multi-family dwelling
owners are seeking to shift these costs directly to the resident instead of including them as part
of the rent. Owners are using two basic methods to bill residents. One method involves billing
for actual consumption via sub-metering. The second method involves billing based upon an
allocation formula , such as the number of people, number of bedrooms, square footage, etc.
However, the allocation method does not provide an incentive for residents to save water
because the pricing signal is diluted s ince the charge is based upon a predeterm ined formula
and not on actual use.
Saving potential has been investigated if multi-family residents are billed for their use either
through actual metering or some type of allocation formula. Nationally, up to 4% of multi-family
residents may now metered and charged for their consumption based upon actual volume of
use . Another 9% pay for their water through various allocation formulas and about 2 % are billed
through a combination of metering and allocation programs. That leaves about 85 % of multi-
family residents still paying for their water and wastewater as part of their rent , often referred to
as "in -rent".
Because the water use of around 60 million people, 20-25 % of all residents, could be reduced,
there is a great deal of interest in the potential water savings, the cost and benefits involved in
capturing savings , and the administrative issues associated with separate billing programs.
While some utilities are metering individual multi-family dwelling units , most are not.
The National Multiple Family Submetering and Allocation Billing Program Study determined the
merits of separate billing programs including the potential water savings, costs and benefits
from various perspectives, and the accompanying administrative and regulatory issues. In the
study, a retrospective analysis of water use in multi-family properties in 13 cities was conducted.
Properties equipped with submeters or that have undergone a billing system conversion were
referred to as impacted properties. These were identified and compared against the traditional
in-rent properties where water and wastewater fees are included as part of the rent. The in-rent
group served as the controls.
The study compared the two groups using historic billing data provided by participating water
utilities combined with information obtained from an extensive series of mail surveys and site
visits . The data collected for the study provides a wealth of information about how submetering
and allocation affect water use , property owners, and residents. Embedded in these data are
insights into this developing industry, includ ing the quantitative aspects of separate billing .
Submetering achieved statistically significant water savings of 15.3 percent (21.8 gal/day/unit)
compared with traditional in-rent properties
3-2
COSTS AND BENEFITS
Beyond quantifying the water savings that can be measured by implementing a multifamily
water and wastewater billing program , there are many issues that arise concerning these
systems for utilities , for property owners , and for res idents . As is true with any developing field ,
there are clear benefits to these systems as well as some costs and issues that need to be
addressed .
Utility Perspective
Supporting the installation of submeters represents an opportunity for water utilities to capture
cost-effective water savings. Savings can be captured in new construction by requiring the
individual metering of multi-family units . Denver Water requires it.
Assuming an annual savings of 7.96 kgal per dwelling unit (du) (21.8 gallons/du/day) from
submetering , a utility avoided cost of $500/AF would translate into a present value savings of
$152 for each dwelling unit that is submetered , assuming a 20 year useful life.
Owner Perspective
In most cases, separate billing for water and wastewater will increase the owner's net operating
income and property value. Despite the initial capital investment , submetering remains a cost-
effective option for owners. In addition , submetering technology has improved so that the cost
for submetering new construction and submetering existing properties is reasonable. In the case
of allocation , there is no initial investment and the payback is immediate. Owners could use this
increase in income to improve overall water efficiency on the property, including fixture
upgrades . Nevertheless , before converting to a separate billing system , owners should be
aware of the applicable federal , state , and local regulations .
Resident Perspective
Based on the results obtained in the resident survey , consumers have varied opinions on water
billing programs . Often these programs result in a water bill in addition to a monthly rent charge.
While consumers receive electric or gas bills , many have come to expect that water charges are
included in the rent. As currently practiced , water and wastewater billing programs do not
appear to be an appealing option for residents of multi-family dwellings. Also, residents are
typically charged a service fee (in conformance with applicable state and local law) in addition to
their volumetric or allocated charge . Thus , in the short term, these billing programs cause an
increase in monthly costs for residents. While there may be environmental benefits such as
increased water conservation, there are many uncertainties involving separate billing that could
be perceived as negative. Until separate billing for water and wastewater has some definitive
standards and protections for residents , it is unlikely that most residents will embrace it.
Direct metering and billing of water for apartment residents encourages water efficiency and
promotes a water billing system that is as transparent as other utilities like gas and electricity,
phone and cable whereby residents pay for what they use. If a property owner were to reduce
the rent in the approximate amount of the total water and wastewater bill (including the service
fee), then the resident might experience no net increase in rental costs if all else is held
constant. As noted above, this does not appear to be a common practice. If the property owner
were to pay the service fee , then the overall cost impact to the resident might be reduced.
However as practiced today , it appears that water and wastewater billing programs result in
increased costs for residents .
3-3
,.
MEMORANDUM
TO:
FROM:
DATE:
REGARDING :
Stu Fonda, Director of Utilitre')
I
Dan Brotzman, City Attr,ey /-,./
August 26, 2014 { ~'
Request for EMC change regarding the open sewer connection in a
residential yard, that can be hooked up to as RV.
Currently RV's connecting to the sewer system is prohibited by 12-2-4G(5) and 12-2-SB(l)(v)
EMC. I highly recommend that you do not add or repeat these Code Sections in another part of
the Code. Having multiple provisions can be confusing and if ever modified all the provisions
unenforceable.
CC: Nancy Reid
John Bock~
DB /nf
2
L/ -/
12-2-4G(5)
It shall be unlawful for any person to deposit or discharge , or to cause
to be deposited or discharged , to any wastewater collection facilities
any solid or liquid waste unless through a connection approved by the
City.
12-2-SB(l )(v)
Liquid wastes from chemical toilets , and trailers , campers or
other recreational vehicles which have been collected and/or
held in tanks or other containers shall not be discharged into
the POTW except at locations authorized by the City to collect
such wastes .
'-I -2
ENGLEWOOD COMO RESERVOIR MATTER
In 1985, the previous counsel and engineer filed an application for a conditional water
storage right with a 1985 priority. The proposed reservoir is on Tarryall Creek in South Park,
near the ghost town of Como. Englewood does not own the land; it is owned by the Bureau of
Land Management (BLM) of the U .S. Permission from the BLM to build the reservoir and flood
BLM land would be a very complex and expensive process, if indeed permission could be
obtained. The reservoir would flood Highway 285 , which would have to be moved in a fashion
satisfactory to CDOT. No soils survey has ever been conducted, and the extent to which the
reservoir would hold water is not known. Various estimates of construction show a very high
co st. A 1985 priority would allow the reservoir to take water only in perhaps three or four years
out of every ten. The basis for the application , under Colorado water law, is now obsolete.
Construction of this reservoir by the City of Englewood is extremely unlikely. Efforts to
sell the conditional decree or to joint venture the reservoir construction have not been successful.
Aurora is now firmly objecting to a further conditional decree (a new conditional decree must be
obtained every six years). To overcome the Aurora objections, Englewood would have to prove,
in Water Court, that construction of the reservoir will occur within a reasonable period of time.
That does not appear to be feasible, and the effort would be expensive in terms of legal and
engineering fees.
Englewood's water coun sel recommends withdrawing the application , so that further
funds do not need to be expended .
Respectfully submitted
David G . Hill