HomeMy WebLinkAbout2000-04-17 (Regular) Meeting Agenda-•
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April 17, 2000
ENGLEWOOD CITY COUNCIL
Regular Meeting
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Englewood City Council
Regular Mee ting
April 17, 2000
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Ordinance #,ef, .76, 31, 32, 33, 34, 35, 36, 37, 38, 39
Resolution µi, ,;{, J1, 44, 45, 46, 47, 48, 49, SO , 51
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I . Call to Order
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD. ARAPAHOE COUNTY. COLORADO
Regular Session
April 17. 2000
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The regular meeting o f the Englewood City Council wa s c alled to o rder by Mayor Burns at 7:~8 p.m.
2 . Invocation
The invocatio n was given by C o uncil Member Nabho lz.
3 . Pledge of Allegiance
The Pledge of Allegiance wa s led by Mayor Burns .
4 . Roll Call
Present :
Absent :
A quo rum was present .
Al so Present :
5. Minutes
Coun c il Members Nabho lz. Grazuli s . Garrett . Bradshaw
Wo losyn . Yurchick . Burns
No ne
City Manager Sears
City Attorney Brotzman
Deputy City C lerk Castle
Planner Langon. Co mmunity Develo pment
Direc tor Ross. Public Wo rk s
Economi c De vel o pment Speciali st Ho llingswo nh
Director Gryglewic z. Admini s trati ve Service s
As si stant City Manager Flaheny
(a) COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 3, 2000.
Aye s : Council Members Nabho lz . Garrett , Bradshaw. W o losy n
Yurc hi ck. Grazuli s. Burns
Na ys : No ne
The mo ti o n c arried.
6. Scheduled Visitors.
There were no sc heduled vi sit o rs.
7 . Unscheduled Visitors
(a ) Edna Blair. 2981 South Cherokee Street , prese nted some pictures to Counc il o f the
property adj oi ning hers . She said she al so live s across the alley fr o m Council Member Nabho lz. M ,. Blair
sa id s he has o wned propeny in Englewood for thiny-five years. this same piece o f propen y. She ,aid ,he
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Englewood Ci1 y Co unc il
April 17 . 2000
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brough1 lhe pho 1os in ho pes 1ha1 ii wo uld help Co unc il undcrsiand 1he problems there . She said she fell lik e
she was co ming o ul of lhe clo se!. because when she senl lhe pic1ures. she did no 1 sign her name. and
anyone who was familiar with her neighbors would know why. The Code Enforcemenl lrucks are vo,ible
every day. she said . in our streels and alleys . II makes us know 1ha1 o ur iax dollars are al wo rk. ,he said .
Ms. Blair said she has heard Iha! !here have been many compl,1int, o n 1he properly next door. 2985 So u1h
Cherokee Street and she was sure 1he Ci1y mus! have a large tile. because ii has 1aken a number o f year,
for 1his properly 10 gel !his bad . She said her fear . and her husband's . is 1ha1 . when and 1f Code
Enforcemenl is ever able 10 enforce 1hi s code, 1here will be an exodus o f in seci s and roden1 s . remini sc enl o f
an old Hilchcock movie . A few years ago. we installed a privacy fence fr o m o ur alley 10 w11hin 1hir1 y feel
of 1he fron1 sidewalk. she advised . She said she would like 10 kn o w. if wo rse comes 10 \\O N . 1f 1he) cc1uld
have a fence 1ha1 wo uld connecl 10 1ha1 privacy fence and go 10 1he fr o nt s ide\\alk . We al so need IO kn m ,
wha1 1s all o wed a, far a, construction malenals. C o uld ii be a wooden fence and no l a, 1all a, 1he pm a,v
fen ce 1hat wo uld block 1he view. she as ked . M s. Blair closed by saying 1ha1. 1f vo u have bi g dog,. a nd ~o u
d o nol hke the pooper scooping. she has learned a tip living nexl d oor 10 1h1 s . Whal you d o " 11 c a ch.11n or
a rope 10 yo ur d o g's collar . and the o ther end to a lire . As 1he du g goe s up and dO\\ n in 1he )J rJ . barking
and hoping for waler all day lo ng. ii son o f disin1egra1es 1he large hunks and gi,e, a "ho le n~" me•mng IO
the wo rd aroma therapy.
Mayo r Burns said there was a presentation 1onigh1 on Code Enforcemen1. and he enco ura ged M . Bla ir 1<•
talk 10 1hose folks . He said he was sure they probably kn o w 1hi s properly.
Ci1y Manager Sears said Chris Olson was in 1he back o f the room . Ms . Bhur said an y 11me h~ \\Ould hk e Ill
talk wi1h her s he would be happy 10 .
Council Member Garrell suggested she 1alk to 1he Building Depar1men1 abo ul permi1 iss ues for a fen ce .
Council Member Nabho lz recognized 1ha1 ii was very difficult for Ms . Blair 1o nigh1 . because 11 i, a hard
issue . not only for neighbors and cilizens. but also a very difficult issue for Code Enforcemenl and lhc
police depanmenl. She fell ii was going IO take a team and group effon o n 1hi o ne .
8. Communications, Proclamations and Appointments
(a) A letter from Billy Douglas. Jr . indica1ing hi s resigna11on from the Englewood Planning
and Zoning Commission was considered .
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO ACCEPT WITH
REGRET THE RESIGNATION OF BILLY DOUGLAS. JR. FROM THE PLANNING AND
ZONING COMMISSION.
Mr. Garrell co mmented 1ha1 Mr. Douglas ha s served \\Onderfull y o n 1he Planning and Zoning Co mmi ;,s io n
for several years . Mr. Douglas al so served a stint as chairman o f 1ha1 comm1,,1 o n. and . having served fu r a
1ime wi1h Mr. Douglas before becoming a council member. Mr. Garrell said he kn o ws 1hi s is a big loss fo r
1heCi1y.
Mayo r Burns said he has really been impressed w11h Mr . Do uglas and 1he 1ime and effo rl he ha;, pul in o n
this. Council Member Bradshaw said she hopes he ,·an o me back .
Vote results:
Ayes:
Nays :
The mo1i o n c arried .
Council Members Nabho lz. Garrell . Bradshaw. W o losyn
Yurchick . Grazuh s. Burns
None
(b) A proclama1ion declaring April 21 . 2000 a, Arbor Day was cons idered .
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Englewood City Council
April 17. 2000
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COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED TO DECLARE APRIL 21.
2000 AS ARBOR DAY IN THE CIT\' OF ENGLEWOOD.
Aye :
Nays :
Council Members Nabh olz. Garrell. Bradshaw . Wol osy n
Yurchick. Grazulis . Burns
None
The motion carried .
9. Public Hearing
No public hearing -.as sc heduled before Council.
10 . Consent Agenda
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED. TO APPROVE
CONSENT AGENDA ITEMS JO (a) (i) AND (ii) ON FIRST READING. IO (b) (i) AND (ii ) ON
SECOND READING, AND 10 (c) (i), (ii), (iii). (h•) AND M.
(a) Approval of Ordinances o n First Reading
(i) COUNC IL BILL NO. 35. INTRODUCED BY COUNCIL MEMBER
GARRETT
A BILL FOR AN ORDINANCE APPROVING '"AMENDMENT NO . ONE TO THE C ITY OF
ENGLEWOOD FIREFIGHTERS PENSION PLAN (AS AMENDED AND RESTATED EFFECT I VE
JANUARY I. 1999)"'.
(ii) COUNCIL BILL NO. 34. INTRODUCED BY COUNC IL MEMBER
GARRETT
A BILL FOR AN ORDINANCE ADOPTING THE RECOD IFICATION OF TH E '"ENGLEWOOD
MUNICIPAL CODE 2000 .. INCORPORATING THEREIN THE GENERAL ORDINANCES OF THE
CITY OF ENGLEWOOD, COLORADO INCLU DING CODES ADOPTED BY REFE RENCE:
PROVIDING FOR PENALTIES FOR VIOLATION OF THE PROVISIONS OF SAID CODE AND
SETTING FORTH THE PENAL TLES PROVIDED FOR IN SAID CODE: AND PROVIDING FOR T l I E
EFFECTIVE DATE OF SAID CODE .
(b) Approval of Ordinances on Second Readin g
(i) ORDINANCE NO. 29. SER I ES OF 2000 (C OUNCIL BILL NO. 29.
INTRODUCED BY COUNCIL MEMBER GARRETT )
AN ORDINANCE AMENDING TITLE 3. CHAPTE R 4. SECTION 16 . SUBSECTLON 3-A-5. OF THE
ENGLEWOOD MUNICIPAL CODE 1985. PERTAINING TO THE CITY OF ENGLEWOOD
NONEMERGENCY RETIREMENT PLAN DOCUMENT (THE PLAN).
(ii) ORDINANCE NO. 30. SERIES OF 2000 (COUNC IL BILL NO. 31.
INTRODUCED BY COUNC IL MEMBER GARRETT )
AN ORDINANCE APPROVING ··AMENDMENT NO. ONE TO CITY OF ENGLEWOOD POLICE
OFFICERS PENSION PLAN (AS AMENDED AND RESTAT ED EFFECTIVE JAN UARY I , 1999 )'".
(c·) Resolutions and Motions
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Englewood City Council
April 17. 2000
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(i) RESOLUTION NO .~ I. SE RI ES OF 2000
A RESOLUTION FOR A TRANSFER AND APPROPRIATION OF FUNDS FOR THE PURCHASE OF
THE ARAPAHOE R ENTAL PROPERTY.
(i 1) PURCHASE OF A FOUR WHEEL DRIVE TRACTOR . FOR USE AT THE
GOLF COURSE. FROM TURF AND TRAIL EQU IPMENT COMPANY I THE AMOUNT OF
$26.495 .00.
(iii) PURC HASE OF A FAIRWAY MOWER. FOR USE AT THE GOLF COURSE.
FROM COLORADO GOLF & TURF IN THE AMOUNT OF $2 ~.987 .00.
Vote R'Slllt~:
(I\) SEWER TAP AGREEMENT WITH WINDMILL I NSOF AMER ICA .
(v) AMENDMENT TO THE SEWER TAP AGREEMENT WITH DRURY INN .
Ayes :
Nays:
Council Members Nabholz. Garrett . Brad,haw. Wo lo ,yn
Yurchick. Grazulis. Burns
None
The mo ti o n carried .
I I . Rqular Agenda
(a) Approval of Ordinances o n First Read mg
(i) Planner Langon presented a recommendation trom the Department o f
Community Development to adopt a bill for an o rdmance appro, mg the Planned Un11 Development for a
Hawthorn Suites Ltd . hotel at South Penn,ylvania Street and U.S . Hi ghway 2 5 and to ;,c hedule a public
hearing for May 15, 2000 to gather public mput o n th1; is,ue. M,. Langon advi,cd that thi, would be a
three story. fifty -two room extended stay hotel. w11h a,,oc,atcd park mg to be located at th e northeast and
northwes t corners of South Pennsylvania and .S . 2 5 . The Plannmg Comm1 »1on he ld a public hearmg o n
March 7. 2000. she advised. and there "as no public oppo;111on at that meeting. The Plannmg
Commission brought forward two cond11 1ons on the applicant. First that they ,upply a park mg demand
analysis and al so that all fences compl ) with >1ght d1r.tance triangle requirement She ;,J1d thn,e
conditions have been agreed to by the appli,·ant and have been addn:,sed m the plan that C o uncil nn \\ ha;,.
The PUD meet s the intent of the P D ordin:i nce. ,he stated. and is consi stent ,.,th the 1979 o mpre hen,n e
Plan . Also. she said. thi addresses the need for a hotel within the Cit y. The financial impact to the CII).
s he added. is o nl y po;,111ve. because o f the generation of use ta x. lodger', tax and ,ale, tax . Fo r th o se
reaso ns . staff recommends that Coun cil set May 15 . 2000 for a public heari ng to take ,·omment nn th e
issues. s he advised .
Council Member Garrett asked if Ms. Langon felt that fifty-two parking places were ,uflicient for the
employees as well as guests. Ms. Langon said that was the rea so n for the parking study. The applicant
maintains . because of the extended sta y style of the ho tel , that tifty-two spaces are adequate. ,he said . We
also felt from the beginning that fifty-two would be adequate. but we had no thin g 10 base it o n. so we
requested the study. she said .
Council Member Garrett asked how the trafti c patterns differ for an extended ,ta y ho te l. versus a regular
ho tel. It seem s. he said. like it would be one car per room irrespective of how long they >lay . Ms . Langon
responded that with the extended stay. the concept is that most of their clientele would be people who
would be related to Swedish Hospital and. perhaps, Cra ig Hospi tal. These would be people who would
come to visit relatives who often come o n the heli copter for emergency treatment or people from o ut of
state who would not nece ssarily have a car .
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Council Member Yur hi c k asked if 1here wo uld be a re s1auran1 there M,. Langon ;,a od they were going 10
serve breakfas1 there in the mo rning and wo uld no l be o pen 10 the pubhc for 1ha1.
Council Member Wo losyn said she had a ques1ion abou1 procedure . She ,aod Planning and Zonin g
reque sled th e parking s1ud y. She asked if th ey saw the parking stru cture again. o r was II e no ugh that the
parking s1ud y happened . Ms . La ngon sa id !h ey reque sted th at it j ust be included "1th th e pac ket to the City
Coun ci l. and did not reque st thal ii come back lo them .
Counci l Member Wo losyn asked if thi s is the sa me bl ock thal we go t the lcn er fr n m reques1ing the parking
lo l. it wa s the 3400 or 3500 block of So u1h Pennsylva nia . and thi s is Pennsylvania a nd Hampden . C ot y
Manager Sears said he tho ught 11 wa s funher nonh . Counc il Member Bradshaw said s he 1h o ugh1 11 wa, on
the south si de of Hampden. M s . Wo losyn th oug ht it wa s probabl y differe nl. then .
Mayor Bums asked. on Ms. Langon ·s memo 10 the Plann ing Commi ss ion. on page live. under th e
Neighborhood Mee1in g Summary. what thal dale should be o n the lirsl line . Ms. Lango n sa id it is 199 8 .
This wa s orig inall y s ubmined in May. 1998, she advised. and the PUD require s . be fo re the y acluall y
s ubmit. 1ha1 the y ho ld the neighborhood meeting . The meeling was held in Jul y. 1hen they s ubmined the ir
o riginal plan in September of 1998. h ha s gone through a number of revisions . she sa,d .
Mayor Burns recalled o n our hotel s tud y. a nd ialking to the hospital s before. 1hey were supportive o f a
ho tel. .. as it ha , been talked about for lifteen or twe nty years in that area ... o ne that wo uld be righ1 d ose 10
the hospitals. because the y could s uppl y maybe thirt y to fo rt y percem of 1heir occ upancy. Ms . Langon ,a,d
1ha1 was one o f the localions thal was iden1ified in 1he ho lel stud y.
Mayor Burns asked if anything was go ing on al the northeast corner o f C la rk so n and 285. I-l e asked of 1ho,
was cons idered there al all. He rec alled that. fo ur or five yea rs ago. there was a medi c al o ffi ce buildin g
approved at that corner, which ne ver got built . He said he was to ld th e financing fell apart o n ii. M;,.
Lango n felt that was also idenlified in 1he study . She sa id she 1hough1 the re aso n thi s location wa s po cked
was because the applicanls full y owned the prope rti es invohed and there would be no add oto o nal propert ,e,
!hey would ha ve 10 acquire .
Mayor Bums asked if Counci l had seen thi s before . Ms . Lango n said no . Ma yo r Burns said ii ha s been
talked aboul for a lo ng time and seems as th ough it has been s1udied a lo t and revi sed a 101. He fe lt 11 \\Ould
be interesting 10 finally have a ho tel al Iha! loc ali o n.
Counc il Member Brads haw felt ii had been the intent of the vario us Coun ci ls that we he lp wi1h any1hin g
south o f Girard a nd north o f 285 . beca use thal is preny much an area 1h a1 ha s dictated 1he use. whi ch "
hos pital. She said when she wa s o n Cou nci l before. ii was 10 sto p them fro m going no rth o f Girard . "here
they were 1hrea1enin g 10 tak e houses a nd all kinds o f 1hings. ,·au sing quile an uproar. so 1h1 s is a poS1 11ve
devel o pment. s he o pined .
Mayor Burns sai d 1he I-l o us ing Authori ty wen! into thal area a few yea rs ago and bought twe my-1wo unu ;
from 1he Swedish Medica l Foundation.
Counc il Member Bradshaw said we need a moli o n. She advi sed that she would no t be here o n Ma y I 5'h.
Mayor Burns said s he could slill make th e mnlio n 10 SCI the public· hearing .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 33 ON FIRST READING, AND TO SET A
PUBLIC HEARING FOR MAY IS , 2000 AT 7:30 P.M. TO GATHER INPUT ON THIS MATTER.
COUNCIL BILL NO. 33. INTRODUCED BY COUNC IL MEMBER BRADSHAW
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Englewood City Co uncil
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A BILL FOR AN ORDINANCE APPROVING THE PLANNED UNIT DE VELOPMENT (P.U.D .) FOR
HAWTHORN SUITES. LTD. HOTEL TO BE LOCATED AT O UTH PE NNSYL \I AN IA STREET AND
U.S . HIGHWAY 285. IN THE CITY OF E NGLEWOOD. C OLORADO.
Vote results:
Aye s:
Nays:
The moti on carried .
Council Members Nabho lz. Garrell . Brad sha". Wo lo,yn
Yurchick . Grazuli s. Bums
None
(ii ) Director Rnss presented a reco mmendatio n fr o m the Depanmcnt o f Pubh c
Works to adopt a bill for an ordinance approving the release o f a slo pe easement o n West Yal e Av e nue . In
order to co nstruct West Yale Avenue as pan o f Pa vi ng Di stnc 1 37 m 1993 . he said . th e C it y had to acqu>r c
a s lo pe easement. Yale Avenue was go ing to be higher than the adJa cen1 prn pert,e;, in th e 2100 b l<x-k o f
Yale Avenue . That meant the City of Englewood had IO place till dirt o n pri vate property in orde r 10
s uppon the roadway at this locati on. he said . The new o wner i interested m de ve lo ping thi s pro pert y. and
wo uld like to have the s lo pe easement remo ved . Conditi o n number three in the 199 3 s lo pe ea sement s 1:11ed
that the casement shall remain in effect until s uc h time a, the owner shall till the adjacent pro perty. Upo n
completio n of the slope wo rk . the grantor s hall notify the C n y m wntmg and the C it y o f Englewood. up< n
the ir fa ,orable in,pecti o n o f the s lo pe work ." ill release the ease ment . he ad vi,ed . Mr. Ross said we have
recei ved the wrillen request. we have in s pected the pro pert y. and ,1aff concur s that the easeme nt is no
lo nger needed . and therefo re . recommends IO Council that we ad o pt this bill to relea se thi , easement.
COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (a) (ii) -COUNCIL BILL NO. 36. ON FIRST READING.
COUNCIL BILL NO. 36. INTRODUCED BY COUNC IL MEMBER NABHOLZ
A BILL FOR AN ORDINANCE APPROVING THE RELEASE OF A SLOPE EASEM E NT LOC AT ED
ON A PORTION OF THE 2000-2300 BLOCKS OF WEST YALE A VENUE .
Ma yor Bums noticed that the le11er. in the fir st sentence. says West Co llege Avenue . Mr. Ros, e,pl a ined
that this property goes all the way fr o m Yale 10 College . but the actual easement that we" ill be vacating "
along Yale Avenue.
Vote results:
Ayes :
Nays :
The motion carried .
Counc il Members Nabho lz. Garrell. Brads haw. Wo losyn
Yurc hi c k. Grazuli s. Bums
No ne
(iii ) Eco no mic Develo pment Spec iali st Ho lling ,wo rth presented a recomm e nda uo n
from the Depanment o f Community De vel o pment to ad o pt a bill fo r an ordin a nce approvin g an
intergovernmental agreement 10 establish the Bro \\nfields Re vo lving Lo an Fund . I-le said we wo uld be
participating with fo ur other muni c ipalities in the Denver metro area . Englewood's parti c ipati o n will all o w
us to have lhe benefit of $425.000.00 for pri vate properties to borrow fo r en vironmental cleanup s. "ilh a
lo w interest rate loan formal. The Slate re ceived a grant in 1999. and. as part o f that grant . we were asked
to panicipate and help with adminis1rati on. he ,aid .
Mayor Burns said the memo mentio ns that we ha ve an o ngo ing agreement with E PA in the fir st
Brownfield . He said this sa ys assist with environmental cleanup ac1i vi1ie,. He a,ked if thi s ,till is not a
cleanup bill. but . rather. a stud y. Mr. Ho llingswo nh explained 1ha1 the im11al ro und wa s a pil o t program 10
do loans for a sse ssment wo rk and planning related activities fo r environmental a,se s,ments . Thi s fund will
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Englewood City Council
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pay for the cleanup o f the s ites once they are assessed and c harac terized . Thi s will actually implement th e
cleanup so they can be redevel o ped for ho usi ng jobs and so fo nh .
Mayor Bums asked if thi s relates to the $150.000.00 we supposedl y go t j ust recentl y. Mr. Ho llingswo rth
said he supposed it was kind of its cousin, but it is indirectl y related . It is no t the same. he said . but is
funded by the Environmental Protectio n Agency. The State received a grant in the amo unt o f $1.8 milli o n
fro m the EPA to d o these cleanups. An amount of $150.000.00 sho uld be comin g forward with further
notificatio n from EPA. he said . Mayo r Burns clarified that that is different than thi s. Mr. Ho ll ingswo rth
agreed.
Council Member Grazulis a sked if the $150.000.00 was Just for stud y. Mr. Ho lling s wo rth responded that 1t
was for studies and environmental assessments . further charact.erizations. drilhngs and s uch.
Mayo r Burns said this is ano ther good step m the proce ss. Mr. Ho lhng,wonh agreed that it brings thing,
that much further along towards redevelopment. Mayo r Bums sa id he presumed tha, could be used o n th e
General Iron Works site if necessary. Mr. Ho llingsworth said yes .
Council Member Bradshaw asked if thi s was s plat up in the cities as a first come. first served type thmg.
Mr. Hollingswonh said we actually ha ve $450.000.00 earmarked for Englewood o nl y. and the o th er
partners have an equal amount to s plit up. al so earmarked for their respective communities. We have a
little amount for administration money that we will recei ve as part of thi s. he advised . T here is no financial
commitment o n the City's part . and the City is not asked to commit anything financially. we wo uld si mpl y
be the beneficiary o f grant proceeds.
Mayo r Bums commented that Mr. Ho ll ingswo nh had _just said $450.000.00. but the memo says
$425 .000.00. Mr . Hollings wo nh apologized . He said it would actuall y be $425 ,000.00. Council Member
Grazulis said plus the $25.000.00 administrative budget. Mr . Ho llingswonh sa id that 1s correct.
COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (a) (UI) -COUNCIL BILL NO. 32 , ON FIRST READING.
COUNCIL BILL NO. 32. INTRODUCED BY COUNCIL ME MB ER WOLOSYN
A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVE RNM ENTAL AGREEMENT
ENTITLED "COLORAOO BROWNFlELDS RE VOL VINO LOAN FUND MEMORANDUM OF
AGREEMENT' ESTABLISHING THE COLORADO BROWNFIELD"S CLEANUP RE VOL VINO
LOAN FUND BETWEEN THE CITY OF ENGLEWOOD. THE C ITY AND COUNTY OF DEN VE R .
C OMMERCE C ITY . THE CITY OF LAKEWOOD AND THE C ITY OF LOVELAND. COLORADO.
Vole rnults:
Ayes:
Nays:
The motio n carried.
Council Me mbers Nabho lz. Garrett , Bradshaw. W o lo,yn
Yurchick. Grazulis, Burns
None
(b) Approval o f Ordinances o n Second Reading
There were no additional items s ubmitted fo r approva l o n second reading. (See Agenda It em 10 -Consent
Agenda.)
(c) Resolutio ns and Mo ti o ns
(i ) Director Ross presented a recommendation from th e Department of Public
W o rk s to adopt a resolutio n authorizing staff to negotiate and award a contract fo r the 2000 Mi crosurfaci ng
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Program . Staff recommends negotiat ing with and awarding a contract to Bitumino us Asphalt Sealing
Specialists. Incorporated in an amount not to exceed $355.000.00. Mr. Ross advised that each year the
Streets Maintenance Divi ion reviews the streets in the City of Englewood and evaluates the Ci t y's
maintenance efforts and needs . The design hfe of a,phalt road ,s twenty years and in order to coax th ose
twenty years. we need to perform resurfacing treatments penod,cally. he said . Since 1991. the City of
Englewood has found microsurfac ing to be a cost effective maintenan,c alternative that provides rut fillin g.
leveling of existing pavements. a surface seal and a new wearing s urfa ce . BASS ha s satisfacto ril y
participated in a partnership arrangement with the City for the la st nine years to construc t o ur
microsurfacing program. he said . Most cities in the Denver metro area either apply ,lurry sea ls o r chip
seals in order to help them in their quest to prolo ng the life of their street s . Mr. Ro,s explained that the
slurry seal is just a very thin application. less than an eighth of an inch It wears off and does no t d o murh
as far as leveling the street o r taking care o f the o ther problems that exist in the ,treet. he sai d . II docs not
provide much protectio n for the amount of mo ney that you have invested in 11. C hip sea ls provide greater
protectio n. he said. but yo u are using rock o r an aggrega te in o rder to provide that pmtcc·110n . The bad
news there is. when cars drive too fast after it has been applied. you have a tendency to kick up tho ;.e rnc k,
and you get a lo t of complaints about cracked windshields. he sai d . Ob, ious l~. becau,e o f that rock . 11 "a
lo t more abrasive. so it is a noisier s urface . T he wheel noise is lo uder when people dmc on 11. he ,a,d. kid ,
d o not like riding their bicycles o n it because the scra pes are na stier when the y fall. and "e get a Im mnre
citizen compla,nts if you go with the chip sealing . We believe that o ur recommended ·o ur,e of ac11 ,n
provides the most va lue to the City o f Englewood. he asserted. because we ha ve de, eloped a produc t that
ha s s uperio r workability to the standards used by o ther jurisdictions. We are u>1ng a ,·ontractor "ho ha , a
nine -year trac k record and a produc t that meet s o ur specificati o ns . Mr. Ro , ,a,d BAS has J mne-)ear
hi sto ry of being responsive to. not o nl y o ur need s. but also the needs of o ur 11,zcn,. M,crn,urfan ng ha ,
constructi o n advantages over s lurries . in th:.t it can be used for rut iilhng and lc,dmg. and m1nn,urfacing
is definitely more cu,torner friendly . It does not require the large quantities of loose rock . he said. and ha;
a very short set lime. so that the roadway can be reo pened witho ut long delays. Microsurfaci ng has th e
c apability of being applied in any thickness that we require to take care of problems that we are
experiencing. he stated. As a result . we recommend that City Counci l adopt th,s rcsolut,o n to allow u, to
enter into a contract for the year 2000 Microsurfacing Program.
Mayo r Burns asked Mr. R oss if. having recently come o n board. he has made an independent examination
of the histo ry o f this contract. Mr. Ross said he ha s not exactly been independent. because he has never
seen this being applied . He has . however. seen the res ults o ut in the field. and there is no arguing with the
fact that our roads are in terrifi c shape . Mr. Ross said he has tak en the to ur where yo u can see what Denver
has d o ne on their half of a few of those streets. and what we have do ne . mo nth s apart. and see how th rn,e
roads are not ho lding up. They have tried to d o slurry seals and they have tried to d o chip sea ls
immediately adjacent to our micros urfacing product. and it is as different as night and day. he said . It "
really astounding that o ther jurisdictions have no t taken no tice and come to the conclusion that it 1s \\Orth
that extra thirt y-five cents a square yard to get thi s kind of product. Mr. Ros felt it wo uld be mce ,f "c
could get them to step forward and go with the mi crosurfacing. because. o bvio us ly. ,f "e could get ,ome
greater vo lume. we could get th e price d own to where it is even more competitive .
Mayor Burns as ked if they have to reapply their appli cations more often. and therefore might even be
pa ying mo re in the lo ng run. Mr. Ross said that is exactly right.
Ma yor Burns said o ne of the iss ues that has come up on thi s before has been ernnomics. a nd what other
applications rnst.
Council Member Nabholz ,aid she applauds Dell Mo ntgomery and Wayne Oakley because. for the la,t
several years. the y have reall y tried to wo rk with Denver. but the people in Denver d o not want to work
with E nglewood. M s. Nabholz said she did not see any streets in thi s that actually connect w11h Denver.
Mr. Ross ,a,d not with Denver. but we d o have a pon,on of Clarkson that is in Cherry Hill s Village. and
the y are actually going to pay their pro-rata s hare and take part in the program this year . Their pub li c
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works director and Mr. Montgomery have had lunch. and he 1s thinking . after watching it this year. that he
will probably be recommending it to their ci ty counci l to do It next year in their program. It ha s taken nine
years, but we might have one disciple . he said.
Mayo r Burns sai d we get a lot of compliment s on our stree t,.
Council Member Yurchick asked if this is the only contractor who can do this . He asked if there is anyone
local who does m1crosurfac ing . Mr. Ross said the C1ty of Thornton did a m,cros urfa c ing program. they had
three local contracto rs who stepped forward and said the y could do 11. The low bidder did their program for
them and they have now S\\Orn off micros urfacing for the rest of the,r careers. They ha ve tried
demonstration projects. COOT tried a couple. and after pretty dismal re,ults. the y do not use
microsurfacing. and Lmleton tried o ne a few years ago. with bad result,. The bad news. he said. is th at we
are about the o nly o ne o ut there that still spec it. The concern ,s. the local contractor, have not
demonstrated the ability to do it right.
Mayor Burns said that has been repeated each time this come up . and th e same scenari o pla ys o ut.
Council Member Grazulis asked if we have had them for nine years. Co un ci l Member Nabholz sa id yes .
COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (c) (I) -RESOLUT ION NO. 42, SERIES or 2000.
RESOLUTION NO. 42. SERIES OF 2000
A RESOLUTION AWARDING A NEGOTIATED CONTRACT FOR ENGLEWOOD'S 2000
MICROSURFACING PROGRAM INSTEAD OF THE COMPETITIVE BID PROCESS NDER
SECTION 116 (b ) OF THE HOME RULE CHARTER AND SECTION 4 -1-3 -1 OF THE ENGLEWOOD
MUNICIPAL CODE 1985 .
Voll' results:
Ayes:
Nays:
The mouo n earned .
Council Members Nabholz. Garrett. Brad,haw. Wo losyn
Yurc hick . Grazulis. Burns
None
(1i) Director Gryglewicz prese nted a recommendation from the Department of
Administrative Services to approve a re sol uti on supporting the Englewood E nvironmental Foundation·,
contribuuon of $150.000.00 for th e purchase of the Norwest Bank property. That i, part of the C1tyCe nt er
Englewood project . he sa ,d.
Ma yo r Burns asked ,f thi s was an i,sue that Council ha s previ o us ly discussed in Study Session . Mr.
Gryglew1cz said yes. Mayor Burns said Counci l ha s expressed it s op ini o n that it is important to ge t cont ro l
of this propert y for purposes of the C it)Center redevelopment. o ther use, ma y not be compatible. plus it
creates an income stream for future sales taxe, for th e City and thi s all ow, the property'" be incorporated
in the general design and layout of the project. These seem to be the items that impressed the Co uncil that
were worth the expenditure of these funds. he said .
Counci l Member Wolosyn thanked Mr. Miller for getting her the information s he requested.
Mayor Burns said it states in the memo the $150.000.00 constitute. a reduction of funds that would ha ve
been returned to the City 's General Fund fr o m the proJe t. C1ty Mana ge r Sears t'.O ncurred .
Council Member Bradshaw asked if the most we w,11 o ntnbute 1s 150.000.00. because ,fthere i, any
environmental . that is picked up by Miller Weingarten . C it y Manager Sear;, sai d part o f the agreement
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wo uld be that thi s is the maximum amo unt . and that Miller Weingarten wo uld be o bligated to demo h ,h the
s ite . take any environmental res ponsibilit y for 1t . and al so contribute up to S~S0 .000.00 to make up the
difference in terms of purc·ha se price. Mr. Sears said it is hi s understanding that. with the approval o f
Council. we will not deliver the check until we are certain o f the agreement with them in thi s regard.
Council Member Bradshaw said she wa s co nfused o ver the sec o nd to the last Whereas . It sa ys Miller
Weingarten will give the property to the Englewood Environme.ntal Foundatio n. which will be the o wner o t
the property. City Attorney Brotzman said ye s. and then they will lease it back fr o m EEF for se,,enty-ii vc
years .
COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED TO APPROVE
AGENDA ITEM 11 (c) (ii) -RESOLUTION NO. 43. SERIES OF 2000.
RESOLUTION NO. 43. SERIES OF 2000
A RESOLUTION SUPPORTING THE PURCHASE OF NOR WEST BANK PROPERTY FROM
NORWEST BY THE ENGLEWOOD ENVIRONMENTAL FOUNDATION FOR THE C ITY CE NTE R
ENGLEWOOD.
Vote results:
Ayes : Co uncil Members Nabho lz. Garrett . Bradsha\\. \V o lo ,~ n
Yurchick. Grazulis . Burns
Na ys : No ne
The moti o n carried .
(,ii\ Co uncil Member Garrett stated that he \\Ould be withdrawing frnm th ,-11cm .
Assistant City Manager Flaherty presented a reco mmendatio n fro m the City Manager·, Ofiicc to n intinuc a
motio n approving a temporary agreement wnh McLeod USA Teleco mmuni catio ns Service,. lnrnrpo rated
until C o uncil ha s an o pportunity to co ns ider an updated right,-o f-way o rdinance. At the iir,t C it y Counc il
meeting o f thi s month . we bro ught forward a mo ti o n to co n sider approval o f a temporary agreement "1th
McLeodUSA Teleco mmunicatio ns for a right -of-way usage agreement. At that time. questi o ns \\Crc rai ,cd
regarding the routing and McLeod wa s unable to ans wer those questi o ns . he said. Altho ugh they have met
with the Public Works Department and discussed routing . the y ha ve no t come to a conc lusi o n a, )CL We
are re commending tonight that this motion be again co ntinued unlll cuher we have the informatio n fr o m
McLeod to bring forward to Council. o r the uniform ordinance fo r nght -of-wa y accessibilit y would come
forward in lieu o t the temporary. he advised .
Mayo r Burns ,a,d that b. in essence. what wa s di scus,ed la st tune. that the y do no t ha , e the informatio n .
Mr . Flaherty ,aid he wa s ho ping to bring fornard the revi,ed o rdinam:e b y the end o l ne ,t mo nth . It
appears that even if McLeod had their routing complete today. they \\OUld nu t be ,tarting o n their p roJec t
until earl y June at the very earliest .
COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED. TO CONTINUE A
MOTION APPROVING A TEMPORARY AGREEMENT WITII MCLEOD USA
TELECOMMUNICATIONS SERVICES.INCORPORATED UNTIL COUNCIL IIAS AN
OPPORTUNITY TO CONSIDER AN UPDATED RIGHTS-Of'.\\'A \' ORDINANCE.
C o uncil Member, Nabho lz. Bradshaw. Wo lo,yn Aye,:
Nays :
Abstain:
The mo tion carried .
Yurchick . Grazuh s. Burn,
None
Council Member Garrell
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Englewood City Council
April 17 . 2000
Page 11
12 . General Discussion
(a) Mayor's Choice
(i) Mayor Burns advised that. o n the 12'h. Direc to r Si mpso n and he appeared at the
Southeast Bus iness Panners hip luncheo n . Mr. Simpson gave a presenta ti o n o n o ur Ci tyCente r
redevelopment. A lo t o f these peo ple are heavy s upporters o f the So utheast Corrido r wh o did a lo t wo rk
raising mo ney o n the bond issue s. He felt their eyes were reall y o pened when they looked at the
presentatio n. Mr. Simpson had slides of the model and of the evolutio n o f the si te plan. whi ch the y fo und
very interesting because they want to d o de ve lo pments around their vari o us sto ps in that cnmdor. Ma yor
Burns tho ught they were a little bu awe struc k by what we are d oi ng. He felt 11 wa s a useful presentati o n
and that Mr. Simpson did an excellent job.
(ii ) Ma yo r Burns said th ere might be a to ur coming th ro ug h. Brian Vog t o f th e
South Metro Denver Chamber. to ld him last week . o n the 28'h. that they want to come do wn and ha ve a
presentatio n in the CityCenter. Thi s will be a fa s t review with some g uest s o f the So utheast and South\\est
Corridors. Mayor Burns said he was no t even s ure the y would ha ve time to go int o th e b uildin g . He told
them that Mr. Simpson had deve lo ped a presentatio n for parking lo ts when the Rail -Voluu o n Committee
was here and could not go into the building. We have no t heard fr o m them ye t. but th ey will advise us as to
whether they want us to give them a few minutes with th eir group . he sa,d .
City Manager Sears said he wo uld check with Mr. Vogt o n th at.
(iii) Mayor Burns sai d he attended the DRCOG annual dinner a nd award
presentatio n o n Friday night . Englewood had a table . and o f course they were ho noring Ladd Vostry . He
recei ved a s pec ial individual award , which was terrifi c for him .
Mayor Burns said he had the ability at that meeting to talk to severa l RTD board members abo ut th e
bridges. Bob T o nsing advised that they had been o ut under the Dry C reek bndge that afternoon with Ca l
Marsella. They were drilling holes in some of the bridges to test where the steel was in them . He said he
has asked City Manager Sears to keep o n to p of that to find o ut the res ult ,. He tho ught they , .. ,uld ha ve
issued a press release by now sayi ng everything was o ka y. but the y are d o ing so me mo re testin g of th at.
They assured us that they are ve ry excited about the o pening and ha\'e no ,me nti o n o f delayin g a n)1 hing as
far as the opening of the hght rail is concerned. he said.
(iv ) Mayor Burns sa id he atte nded the Tri-C 1t1 e, meet in g o n Fnday. It "as a good
di sc uss io n and a good meeting. especially about th e ra ilro ad ri g ht -of-,.ay. We were talking abo ut ho w th at
would be ma intained . he said . especiall y al o ng the west side . The idea ,s to find a person wh o c an make
deci sions about what to do with that . because the weeds are already accumulating over there. Last s ummer
they were just a me ss, he recalled. a nd they won't let any JUn sd 1c11 o n between the fe nce and the track . On
the east side. by Windermere. RTD ha s co mplete ly cleared away an y ,egetat,o n and now th ey have grave l
there . he said . There is a ve ry strong des ire by the ci ues to try to d o something about the weed growth .
because it will o therwi se d e tract from the land scaping we ha ve d o ne o n Sant a Fe .
(v) Mayo r Burns said he wa s pleased to hear fr o m C 11 y Manager Sear. that both th e
pohce and fire services are saying the city is ve ry quiet. There is no t a who le lo t o f cri minal ac ti vitie s o r
fires goi ng o n at the moment.
(vi) Mayo r Burns commended Directo r Black a nd the Parks Department and a lso
Code Enforcement for th e good work they are d oi ng . He o pined that a lo t of good things are going to
happen at the CityCenter when these programs come on board . He felt the City wa s looking better and
there would be more o pportunities to d o more cleanup as we go along.
(b) Council Members' C ho ice
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Englewood City Council
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(i ) Coun c il Member Nabholz:
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I. She advi sed that Mo nday, June 12'" is th e tenth annual go lf 1ourname n1 fo r the Keep Englewood
Beautiful C o mmi ss io n. In years past. Council ha s approved payi ng fo r two fo ur somes . S he asked. on
behalf of the commission. thal Council again approve $800.00 fo r two fo ur somes . She said ii was he r
understanding that they were ha vi ng a difficult time gelling players thi s year. She asked that we put 1he
word out . and advised that the entire proceed s go 10 benefit the leaf and lire drop o ff . Good Neighbor Da ys.
Ho useho ld Hazardo us Waste Ro undup. a nd it is a very wo rthy c ause .
Council Member Bradshaw asked if 1here was room in the foursome s . Ms . Nabho lz re,pond ed
affirmativel y. Mayor Burns said one o f !he reasons we are ha ving trouble i. beca use ii 1s the tirs1 day afte r
the move to the new Civic Cent er.
COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE $800.00
FOR TWO FOURSOMES IN THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION GOLF
TOURNAMENT.
Ayes :
Nays:
Council Members Nabho lz . Ga rrell . Bradshaw. \Vo lo y n
Yurchick. Grazuh s. Burns
No ne
The mouo n amed .
2. Council Member Nabho lz thanked Code Enfo rce ment and al o Dire tor Blac k o f Park s a nd
Recreati o n. She sa,d ,he wa s reall y excited over the spring a nd ummer ac 11 v111 es guide . She aid her son
,s going to take up golf. and will hopefull y be able to teach his mo ther how to play . She again ,aid thank
you for all their hard work .
111 ) Counc il Member Garren :
I . He said he received a call fr o m Council Member Cronenberger in Li11let o n regarding Corn ersto ne
Parl . She represe nt s the di s tri ct that is just so uth of that park. he ad vised . He said the y talked abo ut its
hi story. because he was actually o n the Planning and Zoning Commi ssion when the park was deve lo ped .
One of the concerns they have invo lves the citizens there. when they see problem in th e park . they call th e
L111le1on Po lice Department. who tell s them they need to call someo ne else . Ms. C ro nenberger would like
to "ork w11h Englewood to come up with a so luti on. Maybe we ca n pul o ut fi yers a lo ng 1ha1 block . so th ey
know ,f there ,s an iss ue they sho uld call o ur police de partment. he suggested. s ince we mo nit or the park .
He recalled 1ha1. in our agreement with South Suburban , there was going to be a periodic review of !he
safety service issue s. He s uggested c hec king the agreement in 1ha1 regard . He said he wo uld lik e Direc to r
Ol son to know. and help decide the best wa y 10 get ii taken care o f.
C 11 y Manager Sear, said he wo uld ge l back 10 Counci l. We have me! wit h Da ve Lo ren z about a month ago
to review thal internall y. he said . We are still negotiati ng and there is a cost. in heu o f. that we arc still
nego1ia1ing with th em Thal is wh y it ha s no! ye1 been brought back. he said. 10 see whe re !hey are going 10
go . We ha ve do ne a pre11 y detailed a nal ysis . all of th e departments . in te rm s o f 1he call s th al we ha ve had
to 1hat s ue. He sa id he wo uld provide 1ha1 to Counc il.
Ma yor Bums s.aid he has heard o f activities in thal park advertised o n the radi o as bei ng in Li11le1 o n.
2 . Regardi ng the travel poli cy. he said he appreciates Counci l Member Brad shaw laking the lime 10
go through 1h1 s . He ,a,d. as he understand s 11 . 11 ba s icall y 1ake, a vo le o f Counci l to j ust ify 1he
parti c 1pa11 o n. So in hgh1 o f 1hat . he reque,1ed approval o f Counc il th is e vening IO a11end the ICSC
Conference in Las Vegas on Ma y 2 1. 22 and 23 . He said he would be goi ng with the Ci ty Manager.
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Englewood City Council
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City Manager Sears said ii would be in the travel budget. He sai d Sue Bradshaw ,s working o n the flight,
and ii is relatively c heap . There will be a registrati o n fee for the conference. he said. esumalong thal 11
would probably be in the neighborhood o f $1.500.00 for the three days . He sai d they have no ! ye t heard
what hotel they will be staying al.
Counc il Member Grazulis said she was asked to attend thi s al so. but would no t need any lodging fees. as
she has a place to stay there. City Manager Sears said there wo uld be a regi strat ion fee . airfare and per
diem .
City Manager Sears said John Loss wa s in the audience . He asked Mr. Los, when he would be able 10 put
together a schedule o f !he types o f tenants we could meel. He a,ked of he was looking al sc heduling for
both Wednesday and Thursday. Mr. Loss said he wa s working o n a sc hedule right now and was ho pin g 10
tum in a repon nexl week . City Manager Sears said we would probabl y be meeting with tenants o n both
that Wednesday and Thursday. Mr. Loss said probably Tuesday and Wednesday. the 23•• and 2-t "'.
COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, •·oR COUNCIL
MEMBERS GARRETT AND GRAZULIS TO ATTEND THE ICSC CONFERENCE IN LAS
VEGAS, AT A COST OF UP TO $1500.00 EACH.
Ayes: Council Member s Nabholz. Bradshaw. Wo losyn
Yurchick. Burns
Nays : No ne
Abstain: Council Members Garren . Grazuli s
The motion carried .
3. He advised !ha! they are pulling in a lifl al !he Recrea11 o n Center 10 help th ose who arc cha ll e nged
by the stairs to go up to the aerobics area and the track . Ho pefully. that will be done in !he ne xl couple of
weeks and will be a great additio n 10 the center.
(iii) C o uncil Member Brads haw:
I. She said she did not attend the Tri -Ci ues meeting o n Friday. because s he kne" she would be
sculp1ing out al MOA by Greenwood Athle11c Club. Whal a wonderful time . she said . I! was so positive
hanging o ul there with the high school students and 1he1r staff. I! "as a very enJoyable experience. she
said. adding !ha! she has always been very proud of o ur kod, on Engl ewood. and that jusl reinforced ii.
Mayor Bums asked how thi s is going lo be di s played . Ms . Bradshaw said ot was already up . She said ii is
c hi cken wire on wooden s uppons . and then we just slapped three different colo rs of clay o n ii and stamped
things o n ii. She said ii was ve ry positive and encouraged everyone wh o mi ssed ii 10 be sure and d o II ne xl
time. She said ii is on !he far west end. if anyo ne wo uld like 10 see it .
2. She sai d she would like 10 encourage John Loss 10 work with local bu si ne s;,es. like Cornersto ne
and some of those. for inclusion in Ci1yCen1er .
(iv) Council Member Grazulis:
I . She ,aid she altended a program las! week for Career Day al Cherrel yn Elementary. and al so al th e
Flood program. She said when she asked whal !hey wo uld like lo see come into the Ci ty. fr o m both
schools. they indicated 1ha1 they wa nt ed to sec bas ketball couns o n the south end of Englewood and a
football field .
2. She asked what amenities other areas get when they ha ve !he 80110 zip code . She noted that the y
gel the Englewood Citizen , and she wondered if !hey have 10 pa y anything into our Recreation Center. City
Manager Sears said they are an incorporated area and the zip code just indi cates a postal zone . M, .
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Grazuli s said they were wo ndering about the performing and c uhural arts 1hmg s . and "hat I he y could do to
help .
Ci1y Manager Sears said there is no taxation . Mayo r Burn s asked wha1 s he meant by help . Ms . Grazul"
said she had gotten a couple of call s. because they recei ve the Engle\\ood Citizen . regarding ,o me o f 1he
performing arts things that were in her article . They wanted 10 kn o w what the y co uld do 10 help . o r be o n
boards. things of that nature . Mr. Sears said they would have to di,e ncorporate fr o m C herry H,11, Village .
or if they are uninco rporated . the y could annex in . Council Member Bradshaw as ked ,f the y could do that
without even having their bo undarie s to uching Englewood . Mr. Scan, ,aid we wo uld ha ve to flagpole or
the y must be conti guous.
3 . She said last week there wa s a Summit meeting. invo lving about t\\enly-five o r more pe o ple fro m
the City and all walks o f hfe. including Linleton and so me o f their arts peo ple . 11 "a, reall y m1 e re sting. he
said. because we are all tr ying 10 \\Ork to gether and see ho w to go abo ut do mg thi ;. Anyo ne e lse can be
in vited when there is ano ther Summit. if yo u wish 10 be in c lud ed . she s aid . We can let yo u kn ow p n th e
date .
4 . She said the Engle"ood High School team for the Mu seum o f Outdoor Art s wa s reall y a ki c k.
She told Mayor Burns she was glad he could not go because she had 10 take his place . and she reall y had a
great time gettmg 10 know the staff there al Englewood and the students . Yo u become very refre shed aga m
1ha1 yo ur children are 1n good hand s when they go lo that school. Ms . Grazuli s fell Eng lewood did a great
job. and when you walk around and take a look. it is very eclectic. but was ,o mu c h fun . We had life ma ,~s
th at we had 10 put o n there . too. so you had the se freeform thing s wilh mask s o n it. and ii turned o ut reall y
unique .
5. There 1s a po ;ier that wa, put o ut . she said . and last Thursda y \\as HS de but fo r the Engk ,\C~xl
Historical Society . She th o ught there wa s o ne hanging in Cit y Hall. The~ are l\\en1 i -li,c dll llar, :md 1h e
money goes directly 10 the Englewood Hi sto ri cal Soc iet y. Rosemary LaPo na of LaPnna Gallery h.i , a dea l
o n framing . she addl!d .
(,) Co uncil Member Yurch1ck said . being that II wa , iax da). he \\Ould lr~e th e
990's fr om MOA for 1999.
(vi ) Council Member Wolosyn :
1. She al so spoke of the Summit . which wa s mentio ned by Co uncil Member Grazul1S . It ga1hered a
bunch o f art s educators in the Englewood area 10 discuss collabora1ing in the fu tu re. ,he said . and she
thanked Directo r Black and Recreation Services Manager Hullberg for helping the C ultural Art,
Co mmi ss io n vi s it two art s centers in th e south . in Puebl o and Co lo rad o Spring s . Al so. two performmg an,
venue, in the no rth. Uni o n Colony in Greeley and the Lincoln Center in Ft. Collins . They we re reall y
wo nderful and generous . she said .
2 . She said she was also supposed to be on the MOA team. but could not go o n Friday. so her
hu s band took her place. Council Member Bradshaw said he wa s awesome . Ms . Wo losyn said he is
actuall y bencr than s he is . She said she was at the opening. and fell Sheila Olson did a wo nderful j o b o f
conceiving that project. She said she was doubtful when she read th e proposal. but fell that it really did
wo rk . It wa, the one garnering the most auention while s he was there . most of the gue,ts were gathered
around the Englewood o ne .
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Mayo r Burns said there was one thin g he forgot to pass out. It wa, an agenda item for DRCOG o n
Wednesday c alled the Mile High Compact draft. All the growth le gi,lati o n died in the Legi s la1ure 1h1, year
and the Metro Mayo rs· Cauc us suggested to DRCOG , and Bill Vida l reall y pi c ked up on thi s. that the c itie s
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and counties get together and d o an intergovernmental agreement under the statute to coordinate their
efforts o n growth control. All the elements you see here that are o n the table for discussion bypass all of
that and make an agreement with each other that you will have grm,1h contro l measures . He said they
think this is reall y going to be effective and will be up for di sc ussion for the first time o n Wednesday mgh1.
It will be interesting, he said. to see how thi s fares. Originally it was to contain o nl y a couple of thin gs, but
now there are a lot of different items that could have quite a impact because of the failure of the leg1>la ture.
Plus . if there is a ballot meas ure this fall. an initiative. thi s can help . especially if it is no t well drawn . he
said.
Council Member Garren asked if thi s had been run by staff yet to get their view. Mayor Burns said he had
just received it. but was giving copies to staff. City Manager Sears said he would pass it o ut to staff at their
meeting in the morning. Council Member Bradshaw felt it was important . Mayor Burn. said it was a
significant thing for the cities to be doi ng .
13 . City Manager 's Report
(a) City Manager Sears sai d Council had received the information for next Monday ni g ht. It
is going to be an open ho use forum. kind of a new experiment. so we will see how that goes. The addrcs,
is there and it will be a bar-b-quc. so we will see you next Monday ni g ht . he sa id .
(b) C it y Manager Sears said he did no t put o n the memo the locati o n of the retreat. The
locati o n will be the Wastewater Tre.itment Plant . with rolls and coffee at 8:30 and the n we will start at 8 :45.
he advised.
14 . Cily Allomey's Report
(a) City Attorney Brotzman said it was nice to be back from Washingto n. He fo und that we
are in the same boat with a lot o f the cities across the country with the various legal issues. At t.he variou,
conferences he attended he found we arc looking at very s imilar issues. such as teleco mmuni cati ons 1s,ue,.
Los Angeles is working on a majo r project right now. he advised. making all the utilities coordinate. They
are having the Democratic Convention and they would like all their roads to look ni ce for that. So we arc
all in the same boat. all cities across the United States. he said .
15 . Adjournment
MAYOR BURNS MOVED TO ADJOURN. The meeting adjourned at 8 :~7 p .m .
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, APRIL 17, 2000
7 :30 P.M.
Call to order. 7-' t/3 pm
Invocation . A}~
Pledge of Allegiance . .£1)JV)fXJ
Roll Call.
Minutes . ~/5.
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.,. a. Minutes from the Regular City Council meeting of April 3 , 2000 .
6. Scheduled Visitors . (Please limit your presentation to ten minutes .)
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7. ~l~rs~~~~=iveminutes.)
,, 8. Communications, Proclamations, and Appointments.
~j(l i J •..t:. Letter from BiHy Douglas Jr . indicating his resignation from the Englewood Planning and
~;,>j, ~~ a Zoning Comm1ss1on .
,{) .
.'"'-~:~· Proclamation declaring April 21, 2000 as Arbor Day .
"--f ~ 9 . Public Hearing. (None Scheduled) p
10. Consent Agenda .
a. Approval of Ordinances on First Reading .
id,:~·.
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COUNCIL BILL NO . 35 • Recommendation from the Administrative Services
Department to approve adopt a bill for an ordinance adopting amendments to the
City of Englewood Firefighters Pension Plan Document. STAFF SOURCE:
Frank Gryglewlcz, Director.
..._ .... • ,ou .._ a 11 tllltJ and need auxiliary aids or wvk:H, p ..... notify the City of Englewood
(111-18-MDI} at laMt 41 houra In advance of when urvicea.,. needed. Thank you .
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Englewood City Council Agenda
April 17, 2000
Page2
ii. COUNCIL BILL NO . 34 -Recommendation from the Administrative Services
· . Department, City Clerk's Office to adopt a bill for an ordinance adopting the
.~1~00orecodification of the "Englewood Munic ipal Code 2000" and to schedule a public ~.!6,:1 hearing for May 15 , 2000. STAFF SOURCE: Frank Gryglewicz, Director of if)°4 1 Administrative Services and Loucrishia A. Ellis, City Clerk.
b . Approval of Ordinances on Second Reading .
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Council Bill No. 29 , approving amendments to the City of Englewood
NonEmergency Retirement Plan Document.
Council Bill No. 31, approving amendments to the City of Englewood Police
Officers Pension Plan Document.
c. Resolutions and Motions .
_i.
ii.
Recommendation from the Administrative Services Department to adopt a
resolution transferring and appropriating funds for the purchase of the Arapahoe
Rental property . STAFF SOURCE: Frank Gryglewicz, Director of
Administrative Services.
Recommendation from the Department of Parks and Recreation to approve, by
motion , the purchase of a 4 wheel drive tractor for use at the golf course . Staff
recommends awarding the bid to the lowest technically acceptable bidder, Turf
and Trail Equipment Company , in the amount of 26,495 .00 . STAFF SOURCE:
Jerrell Black, Director of Parks and Recreation and Dave Lee, Manager of
Open Spaces.
iii. Recommendation from the Department of Parks and Recreation to approve , by
motion, the purchase of a fairway mower for use at the golf course. Staff
recommends awarding the bid to the lowest technically acceptable bidder ,
Colorado Golf & Turf , in the amount of $24 ,987 .00. STAFF SOURCE: Jerrell
Black, Director of Parks and Recreation and Dave Lee, Manager of Open
Spaces.
iv . Recommendation from the Utilities Department to approve . by motion, a Sewer
Tap Agreement with Windmill Inns of America . STAFF SOURCE: Stewart H.
Fonda, Director of Utilities.
v. Recommendation from the Utilities Department to approve, by motion , an
amendment to the Sewer Tap Agreement with Drury Inn. STAFF SOURCE:
Stewart H. Fonda, Director of Utilities .
11 . Regular Agenda.
note: If you have a dlaablllty and need auxiliary aids or Nrvicas, please notify the City of Englewood
(303-762-2405) at least 48 hours In advance of when sarvk:N are nffdad. Thank you.
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t..pnl 17, 2000
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' nuk ~ COUNCIL BILL NO . 36-Recommendation from the Department of Pub li c Works ~ ~ ' to adopt a bill for an ordinance ap~~e of a Slope Easement on r 1 ' West Yale Avenue . STAFF SOU~, Director of Public Works.
b .
c.
COUNCIL BILL NO . 32 -Recommendation from the Department of Community
Development to adopt a bill for an ordinance approving an Intergovernmental
A he Brownfields Revolving Loan Fund . STAFF SOURCE:
arren Hollingsworth conomic Development Specialist.
Approval o r mances on Second Reading . p
Resolutions and Motions .
Recommendation from the Department of Public Works to adopt a resolution
author izing staff to negotiate and award a contract for the 2000 Micro -Surfacing
Program . Staff recommends negotiating with and awarding a contract to
Bituminous Asphalt Sealing S~ an amount not to exceed
$355 ,000 .00. STAFF SOUR~irector of Public Works.
ii. Recommendation from the Department of Administrative Serv ices to approve a
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J.. ,l ,i resolution supporting the Englewood Environmental Foundation 's contribution of
{J 6'11' "T ~ ~~· l~rchase ol the Norwest Bank property . STAFF SOURCE: ~~ ~ · ~le:,, Director of Administrative Services.
~~ ,,,-iii. Recommendation from the City Manager's Office to cont inue a motion approving ~/l .o a temporary agreement with McLeodUSA Tele commun ications Serv ices , Inc .
,I , until Council has ons ider an updated rights-of-way ord inance .
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.. 1~ STAFF SOUR E: Mike Flaherty, ssistant City Manager and Leigh Ann
~ fp . ~ Hoffhines, Com ialist. ~,,
(p 12. General Discussion .
Mayor's Choice.
Council Members' Choice . ' 1.o.J.4. -~(;{!ff>t1:'>~-/3«J'!
'\JlAA'>/ m ~ ~L/'"IJ..-...~t...U,Cl~ ~~,,v~ b.
a.
13. City Manager's Report. -7-0
~;;ft~t:~~
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a. CityCenter Englewood Update .
14. City Attorney's Report .
~a.a u11/bo II!:!,;! 1, ~~ -1 ,;;a~ cPax)
_>er 5-0-~ (Jj~,
The following minutes were transmitted to City Counc il between March 31 • April 13 , 2000 : ~~ :\
Englewood Cultural Arts Commission meeting of March 1, 2000 ./'T ~)
• Englewood Liquor Licensing Authority meeting of March B, 2000
Adjournment. ?J:<f7 pm
• Englewood Parks and Recreation Commission meeting of March 9 , 2000
• Englewood Public Library Board meeting of March 14 , 2000
• Englewood Planning and Zoning Commission meeting of March 21, 2000
Pleau note: If you have a dlsabillty and nNd auxlllary aids or Mrvlces, please notify th• City of Englewood
(303-762-2405) at least 48 hours In advance of when services aN nNdad. Thank you.
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLOR-\DO
Regular Session
April 3, 2000
l . Call to Order
The regular meeting of the Englewood Ci1y Council was called 10 o rder by Mayor Burns al 7 :48 p.m.
2. Invocation
The invocation was given by Council Member Nabholz.
3. Pledge or Allegiance
The Pledge of Allegiance was led by Mayor Burns.
4 . Roll Call
Present
Absent:
A quorum was pre sent.
Also present :
5. Minutes
Council Members Nabholz . Grazulis. Garren. Bradshaw. Wo losyn.
Yurc hick. Burns
None
Ci1y Manager Scars
Ci1y Allorney B roizman
Depu1 y Cil~ Clerk Casile
Malley Senior Center Fac1li1y Supervis r Sack
Planning Analyst. Dannemiller
Englewood Environmen1al Fo und a1io n Board Member Simpson
Chief Building Offi ci al Smilh
Assis1an1 Ci1y Manager Flaheny
Director Olson. Safety Services
Direc1 or Black. Parks and Rec reauo n
(a) COUNCIL MEMBER NABHOLZ MOVED. AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MARCH 20,
2000.
Ayes: Council Members Nabholz. Garrell. Bradsha w. W o losyn.
Yurchick. Grazulis. Burn s
Nays : None
Mo u o n carried.
6 . Scheduled Visitors
(a ) Mayo r Burns s1a1cd 1ha1 Jo hn McCullough was presen1 10 advise Ci1y Counci l o f 1hc
award, the Englewood Elks· have given 101 heir Cnizen o f1he Year. Firefigh1er o f the Year and Po li ce
Officer of the Year.
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John McC ull o ugh. Past Exalted Ruler of the Englewood Elks. explained that the Englewood Elks h,l\e an
annual awards c eremo ny at which they ho nor an o utstanding Citizen of the Year. an o ut standi ng Firefighter
of the Year and an o ut standing Po li ce Officer of the Year. He acknowledged they received a lo t o f help
from Fore Department D1 v1sio n C hief Kieth Lockwood and Po li ce Department Suppo rt Service Divo ,o n
Chief Bob Moore .
Mr. McCullough asked Greg Weaver to come forward. Mr. McCull o ugh li sted a few o f Mr. Weaver's
acco mpli s hments. He advised that Mr. Weaver is an Englewood Fire -Medic. So uth Metro Technical
Re scue team member and Metro Fire Training Academy instructor. a Citizen·s Emergcncv Re ;,po nsc TeJm
instructor. medic and bike team coordinator and a CPR and education coordinato r. He de,elo ped the
curriculum for CPR. obtai ned a $2500 grant fo r technic al equipment . he is a puppeteer fo r ,afet y educa11 o n
to elementary students. pro vides assistance in coordinating the annual Fire Preventio n Week al·t1 v11,e; .ond
Safety Services Open Ho use . He is a preparer fo r paramedic students. an Englewood medical tr.11111n g
paramedic education in truc to r and he is a Health Swedish Medical Hosp11al program paramedic .11 the
Healtho ne Swedish walk-on clinic .
Mr. McCullough as ked Tim Mitchell to co me fo rnard . Mr. Mc C ull o ugh ,tat ed that ~t r. ~111 chell 1; a
twenty-five year ve teran police o fti.:er. and tha t he ha s earned the re s pect of h1> peer,. fa mil). fnenJ, and
community. Pnor to beginning hi s po hce c areer. Oflicer Mitchell "a; a hi g h chool h1>1 o ry teJcher.
football rna.:h and baseball coach and he has conunued to 1mpac1 you ng pe ople on pos 111, c "'") s
thro ug hout h is career. e,penall y the pa st ten yea rs a s a DARE in stru cto r Ofti,·er ~t11 c hdl's pnmJr) Jut11:s
include internal affairs. pre -employment background inve;1iga11 o n, and te ach in g \'a r,o u po li.:e , ff1 c er
training programs . Nevertheless. he most enjoy, work ing in the c hools ""h o ur )Oun g peo pl e and their
teachers . In additio n to teac hing DARE. Officer Mitc hell a»1;1s Bi,ho p Elementary School "1th their
reading program . conducts a baseball clinic for deaf c hildren . o rgani ze s ba,ketball game; '"th team, o f
officers and students and the st udents compete against teams of teac he r, and on,tructs a p rog ram t 11kd
··Bullet Proof Yo ur S.:h ool." He con11nue s to coach middle school bo)S on foo tball on the e,cning, Jnd o n
weekends .
Mr. M,Cullo ugh advised that Nancy Petersen helped a lo t w11h the Out tandong C111zen o f the Year a\\ard .
Ken Gate, was named their C 1t1zen o f the Year and hi s daughter pro, oded the 1"1 ,>I ho, Jcrnmpl, hment,
Mr. l\kCullo ugh st ated Mr. GJtes has been in vo lved with the Bo ) S,·out ; fo r t\\Cnt)-fi,e )eJr,. ,1.1rtmg
when hi s o lde st boy \\as a Cub Scout. He took his sons th rough S couung hr J ;, ln ng •' the, \\anted 10
parti c ipate . Dunng hi s twenty-five years he spent twenty-four yeJr, ,n some leJJcr,h1p ,·aparll ). e11hcr a
a communit y member. o r as a leader o r assistant leader. He also ha; been '"' o h ed in J p rogram that
encourages kid s to become interested in fishing instead of drugs o r gang s . He ha, taken ~,d , ti,h 1n g "ho
probabl y wo uld not otherwise have had a ,hance to experience it. Mr. l\kCull0 ugh ad\'1 ed that Mr . Gates
ha s been an a,·to ve member of the Englewood Elk s for a lo ng time . Ken and \'elda Gates ha\'C ,olunteered
co untle ss ho ur s o ver th~ pa st fi ve years assis ting Nancy Peterso n w 11h commumt~ prOJ CL'I~ sul'.h as K o p~ n
Kid s . ~th o f Jul y Family Festival and Firewo rks Celebratio n. Na11 o nal Night Out and the Ho liday Parade.
the KY GO C hnstmas Crusade for the Children . They also vo lunteered many ho urs assi sting with
community programs suc h as the Englewood Neighborhood Wat c h and the Englewood Neighbo rh ood
Watch Speed Pledge P rogram. During the mo nth o f Dece mber 1999 the y ea,h \'Olunteered on excess of
eighty ho urs in a ss isting th e Ci ty o f Englewood as well as fort y other metro area c ities w11h KYGO
Christmas C ru sade fo r Children .
The E nglewood Elks Firefighter o f the Year. Po lice Officer o f the Year and C,t,zen o f the year "ere g iv e n
a round o f applause .
7 . Non-scheduled Visitors
There were no no n -scheduled visitor, .
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8. Communications, Proclamations and Appointments
...
(a) A proclamati on ho no ring Emma Goldsboro o n the occasion of her 10 8th birthday was
conside red .
Ma yor Burn s noted Council ho no red her last year when she was 107 and . o n behalf of Co uncil. he
congratulated her o n another year.
Malle y Senior Center Facility Supervi sor Sack commented that M s . Goldsboro is nm as active a s he wa s
at 107 so they don 't see her as often at the Senior Center. Mr. Sac k advi sed that she is reall y thankful fo r
Co uncil ho no nng her o n her birthday and she 1s s urprised every year when It ro ll s around .
Deputy Ci ty Cl erk Castle read the proc lamauon in full.
COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED. TO APPROVE A
PROCLAMATION HONORING EMMA GOLDSBORO ON THE OCCASION or HER 108TII
BIRTHDAY .
Ayes :
Nays :
Mo u o n ,amcd .
Co un ci l Members Nab ho lz . Garren . Bradsha\\. Wo losyn.
Yurch1ck . Grazuli s. Burn.
No ne
Ma yo r Burn, asked tha t Mr. Sac k convey to Ms . G o ld s bo ro Coun ,il's be t w1. hes and congratul ate her o n
her 10 •• b1nhda y.
Mr. Sack ad, ised that the Center us uall y ho nors her with a birthday part y e very year. but thi s ye ar she
dec lined due to a couple of recent falls . He said th ey will ta ke the proc lama ti o n to her Friday with a
bouq uet o f fl o wers and a ca rd sig ned by many members o f the Senio r Center.
9 . Public Hearing
No pubh he ari ng was sc heduled before Council.
10 . Consent Agenda
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (i) and (ii) ON FIRST READING, 10 (b) (i), (ii), (iii), (h·), M,
(vi), (v ii), (,·iii), (ix), (x), (xi), (xii), (x iii). (xiv), (:n ) and (xvi) ON SECOND READING, AND 10 (cl (i)
and (Ii).
(a) Approval of Ordinances o n First Readi ng
(i) COUNCIL BILL NO . 29. INTRODUCE D BY COUNCfL MEMBER
GARRETI
A BILL FOR AN ORDINANCE AMENDING TITLE 3. C HAPTER -l. SECTION 16 . SUBSECTION 3-
A-5, OF THE ENGLEWOOD MUNICIPAL CODE 1985 . PERTAINI NG TO THE C ITY OF
ENGLEWOOD NONEMERGENCY RETIREMENT PL AN DOCUMENT (THE PLAN) .
(ii ) COUNCIL BILL NO . 31. INTRODUCE D BY COUNCIL MEMBER
GARRETI
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A BILL FOR AN ORDINANCE APPROVING .. AMENDMENT NO. ONE TO CITY OF ENGLEWOOD
POLICE OFFICERS PENSION PLAN (AS AMENDED AND RESTATED EFFECTIVE JANUARY 1.
1999)."
(b ) Approval o f Ordinances on Sec ond Reading
(i) ORDINANCE NO . 13. SERIES OF 2000 (COUNClL BILL NO . 9.
[NTRODUCED BY COUNCIL MEMBER BRADSHAW )
AN ORDINANCE AMENDING TITLE 2. CHAPTER 8. OF THE ENGLEWOOD MUNICIPAL CODE
1985. PERTAINING TO THE NAME CHANGE FOR KEEP AMERICA BEAUTIFUL COMMISSION
TO THE NEW TITLE. KEEP ENGLEWOOD BEAUTIFUL COMMISSION
(ii ) ORDINANCE NO . 1-1 . SERIES OF '.!000 (COUNC IL BILL NO . 12 .
INTRODUCED BY COUNClL MEMBER GARRETT )
AN ORDINANCE AUTHORIZING THE MUTUAL SHARING OF CERTAIN EQ IPM ENT
BETWEEN THE CITY OF E GLEWOOD AND OTHER CITIES. ST A TE AUTHORIZED QUASI -
GOVERNMENT AL ENTITIES OR SPECIAL DISTRICTS .
(1i1 ) ORDINANCE NO. 15. SERLES OF 2000 (COUNCIL BILL NO . 15.
INTRODUCED BY COUNCIL MEMBER BRADSHAW )
AN ORDINANCE AUTI IORIZI 'G THE ACCEPTANCE OF AN AMENDMENT TO THE
AGREEMENT ANDS BLEASE BETWEEN THE MUSE UM OF OUTDOOR ARTS (MOA). THE
ENGLEWOOD ENV!ROl'-MENT AL FO NDATION . INC. (EEF) AND THE CITY OF E:'IIGLEWOOD .
COLORADO (C ITY ).
(iv) ORDINANCE NO . 16. SERIES OF 2000 (COUNCIL BILL 1'0 16.
INTRODUCED BY CO NCIL MEMBER GARRETT )
AN ORDINANCE A THORIZING AN INTERGOVERNMENTAL AGREEMENT BET WEEN THE
CITY OF ENGLEWOOD AND THE STA TE OF COLORADO . DEPARTM ENT OF PER ONNEL
WHI CH ALLOWS THE CITY OF ENGLEWOOD TO PURCHA E SOFTWARE FRO~! T TE
EGOTIATED SOFTWARE VEN DORS .
(v) ORDINANCE NO . 17. SERIES OF 2000 (COUNCIL BI LL NO . 17.
INT ROD UCE D BY COUNCIL MEMBER NABHOLZ )
AN ORDINANCE AMENDING TITLE 8. CHAPTER ~B . OF THE ENGLEWOOD M NICI PAL CODE
19 -. PERTAINING TO THE MECHANICAL CODE OF THE CITY OF ENGLEWOOD . COLO RAD O .
(vi) ORDINANCE NO. 18. SERIES OF 2000 (CO UNCIL BILL NO I .
I TROD UC ED BY COUNCIL MEMBER BRADSHAW )
AN ORD! ANCE AMENDING TITLE 8. CHAPTER 2A. OF THE ENGLEWOOD M NICIPAL CODE
19 5. PERTAINING TO THE BUILDING CODE OF THE CITY OF ENGLEWOOD. COLO RADO .
(vii) ORDINANCE NO . 19. SERIES OF 2000 (CO 'C IL BILL NO . 19.
INTROD CED BY COUNCIL MEMBER NABHOLZ)
AN ORDINANCE AMENDING TITLE 8. CHAPTER 2C. OF THE ENGLEWOOD MUNICIPAL CODE
1985 . PERTAINING TO THE PLUMBING CODE OF THE CITY OF ENGLEWOOD . COLORADO .
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(, 111 ) ORDIN~'ICE NO . 20. SERIES OF 2000 ( OCN IL BILL NO . '.:O.
INTRODUCED BY CO NCIL MEMBER NABHOLZ J
AN ORDINANCE AMENDING TITLE 8. CHAPTER 20. OF THE ENGLE WOOD M 'NICIPAL CODE
19 85. PERTAINING TO THE ELECTR ICAL CO DE OF THE CITY OF ENGLEWOOD . COLORADO .
(ix) ORDINANCE NO. 21. SERIES OF :COOO (COCN CIL BILL NO . 21.
INTRODUCED BY COUNCIL MEMBER NABHOLZ )
AN ORDINANCE AMENDING TITLE 8. CHAPTER 2E. OF THE ENGLEWOOD '.\,IL'NlClPAL COD E
1985. PERTAINING TO THE FIRE CODE OF THE CITY OF ENGLEW OD . COLORADO
(x) ORDINANCE NO . 22. SERIES OF 2000 1COCNC IL BILL NO. 22 .
INTRODUCED BY COUNCIL MEMBER NABHOLZ )
AN ORDINANCE ;\.i\<IENDING TITLE 8. CHAPTER 2F. OF THEE: GLEWOOD \IDII CIP .-\L COD E
1985. PERTAI NING TO THE CODE FOR ABATEMENT OF DANGEROl:S Bl:ILDINGS FOR THE
CITY OF ENGLEWOOD. CO LORADO .
(xi) ORDINANCE NO . 23. SERIES OF 2000 (CO NC IL BILL l\O. 23.
INTRODUCED BY COUNC IL MEMBER GARRETT)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED ··u .s.
DEPARTMENT OF THE INTERIOR U.S. GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT
FOR WATER RESOUR CES !NVEST!GA T!ONS ."
(x ii ) ORDINANCE NO . 24 . SERIES OF 2000 (COC 'C!L BILL NO . 24.
INTROD UCED BY COUNC IL !\IDIB ER WOLOSYN )
AN ORD! ANCE AUT HORI ZIN G THE ··CONT RA CT AMENDMENT #T TO THE
!NTERGOVE R:'IIM E T r\L AGREEMENT BETWEEN THE CITY OF ENGLEWOOD. COLO RAD
AND THE STATE OF COLO RADO FO R THE USE AND BENEFIT OF THE DEPARTMENT OF
TRANSPORTATION (COOT ) FOR THE CONSTRUCTION AND FUNDING OF THE PROJECT TO
WIDEN AND CREATE MEDIANS ON BROADWAY BETWEEN U.S. 285 AND YALE AVENUE IN
THE C ITY OF ENGLEWOOD .
(x111 ) ORDINANCE NO . 25. SERIES OF 2000 (COUNC IL BILL NO . 25 .
INTRODUCED BY COUNC IL MEMBER BRADSHAW )
AN ORDINANCE RENUMBERING TITLE 8. CHAPTER I . OF THE ENGLEWOOD MUN!CLPAL
CODE 1985 . PERTAINING TO THE DIVISION OF BUILDING AND SAFETY ADMI IST RATION
OF THE CITY OF ENGLEWOOD . COLO RADO .
(xiv) ORDINANCE NO . 26. SERIES OF 2000 (COUNC IL BILL 0. 26.
INTRODUCED BY COUNCIL MEMBER WOLOSYN )
AN ORDINANCE AMENDING TITLE 8. CHAPTER 38. OF THE ENGLE WOOD MUNICIPAL CODE
1985. PERTAINING TO PUBLIC AND SEMI-PUBLIC SW!I\IMING POOLS IN THE CITY OF
ENGLEWOOD . COLORADO .
(xv) ORDINANCE NO . 27 . SERIES OF 2000 (COU CIL BILL NO . 27.
INTRODUCED BY COUNCIL MEMBER GARRETT )
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AN ORDINANCE A THOR!ZING THE ACA TION OF WATER AND SEWER EASEMENTS
LOCATED AT ENGLEWOOD CITYCENTER .
(xv1 ) ORDINA;IICE NO . 28. SERIES OF '.2000 (COUNCIL BILL NO . 28 .
INTRODUCED BY COU CIL MEMBER GARRETT)
AN ORDINANCE AMENDING TITLE 8. CHAPTER 5. OF THE ENGLEWOOD MUNICIPAL CODE
1985 . PERTAI ING TO MOVI 'G STRUCTURES IN THE CITY OF ENGLEWOOD. COLORADO .
(cJ Re ,olutton and Moli o ns
(1J RESOL UTION NO . 38. SERIES OF 2000
ARESOL TIONAUTHORIZINGTHERESERVATIONOFF. DSASREQ IR EDBYTHE
AGREEMENT BETWEEN THE MUSEUM OF O TDOOR ARTS (MOA l A;IID THE C ITY OF
ENGLEWOOD. COLO RADO .
(11 ) RESOL UT IOl'i NO . 39 . SERIES OF 2000
A RE OLUT ION AP PR OP RIATI. G F NDS FROi\l THE 2000 B UDGET FOR THE CO :S: TR 'CT I :S:
OF THE SOUTH BROADWAY WIDENING PROJECT .
Vole rnults:
Aye s:
Mo 11 on carried .
11. Regular Agenda
Council Member, Nabh o lz. Garrell. Br ad,ha". Wo loyn.
Yurchick . Grazuh ·. Burn s
None
(a ) Approval o f Ordinances o n Firs1 Reading
(1 I Planning Analys1 Dannem,ller pre ·ented a re co mmenda11 o n fr o m the
Depanment o f Co mmunity Devel o pment to ad o pt a bill fo r an ordinance ad pttng amendments to Scctt o n
I 6-~-19 o f the Englc\\ood Municipal Code pertaining to the S,gn Code and to sc hed ule a Publi c Heann g on
Ma y I. 2000 to gat her input o n this mail er. She ad vised that the ordinance \\Ill all o w for unique and
creauve signage al o ng the South Broad \\ay corridor and is an other step in the ,mpkmentatio n o f the South
Bro adwa y Acti o n Plan . Ms. Dannemilkr said she wanted to make note. fo r the re cord. that there ,s a
secti o n in the Council Co mmuni cati o n. the last secti o n. that refer s to amendments. She ad vised that.
s ub seque nt to o ur S1udy Sessi on and lhe council communicatio n being forwarded. 1here were
rernmmenda1ions fr o m 1he Ci1y All orne y·s Office that are differenl than 1hc amendments requested here .
Ms. Dannemiller stated 1he tirs1 sccuon tha1 talk s about 1he permitting timeframe. and the second part th al
talk s abo u1 the ac1ual ves1e d rights of the sign code. ca n be di sregarded in 1his Co uncil Communica1i on.
They are in 1he proper format in 1he ordinance . In addi1ion . she sai d. 1he Elec1ion Commissi o n
reco mmenda1i o n is in the proper format in the ordinance. So. she no 1ed. 1he ordinance in front of Council
is in 1he comple1e format that they would like to take forward 10 public hearing.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE
AGENDA ITEM 11 (a) (i) • COUNCIL BILL NO. 30 ON FIRST READING AND TO SET A
PUBLIC HEARING FOR MAY I, 2000 TO GATHER INPUT ON THIS !\IA TIER.
COUNCIL BILL NO . 30. INTRODUCED BY COUNCIL MEMBER BRADSHAW
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Englewood City Council
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A BILL FOR AN ORDINANCE AMENDING TITLE 16. CHAPTER -1. SECTION 19 AND CHAPTE R 8.
SECTION l. OF THE ENGLEWOOD MUNICIPAL CODE 1985. PERTAJNING TO THE
ENGLEWOOD S IGN CODE .
Vote results:
Ayes :
Nays :
Mori o n carried .
Council Members Nabho lz . Garren. Brad sha w. W o lo,yn.
Yurch,ck. Grazulis. Burns
None
Mayor Burns thanked Ms. Dannemiller. o nce again. for all 1he good work she has d o ne o n the 1gn Cxk
(b) Approval o f Ordinances on Seco nd Readin g
There were no addirio nal items s ubmined fo r approv al o n second re ading . (See . .\gendJ Ite m 10 -on;,cn1 Agenda.)
(c) Re so lu11 o ns and Mo 11 o ns
(1) Engle\\OOd E"' 1ro nmen1al Founda11 on Bo Jrd '.\!em ber 11np,nn pre,en1ed J
recommenda11 o n fro m !h e Engle"ood En viro nm en1al Fo unda 11 on 10 adopl a re,\l lu1 11>n .1ppnning the
Trammell Cro" Residen11al C1 1yC en1er nc plan a nd auth ori zing the En gle "ood Em 1mnmentJI h 1undJl1 n n
(EEF) 10 pro-eed "llh th e property sale 10 Trammell C ro w Re>1den11 al. He ad , i,ed lhJt th" re,olu 11nn"
reques11ng Co un c il's s up port o f the Trammell Crow Res iden1ial CityCenter Eng le "nod re 1dem1JI Je,1gn
As 1he) saw pre\lousl). in the Study Se s 1o n. staff ha s been working ver:-close I, o n h" pn•Je,l Im the
pa st four mo nth s. he said . Staff b<lie,e, thJt. fo r the mos1 part. thi s proj ect rea ll, doc, meet rn,,,1 " th e
design intent of 1h1 s proJect. W e ha,e "Or~ed very closely wi1h Trammell Cro" and \\llh Cl!) lJll 111
achieve 1h1 s . he aid. and 1he financial 1mpac1 uf 1h1 s project is quire s ignificant. W 11h the Jpprn,.11 o t thi,.
and o ur abil i1, 10 do,e in the next ten da,s. the Ci ty, ill receive. wnh tran sfer o f propert, ,Jfe. . m1ll1on
lo further thi s proJect al o ng. So II doe ha,c a sub stant ia l va lue to the C u). Mr. 1mp,on n,Hed thJt. a. he
said. they ha,e been wo rking . e,en do wn 10 the la st few minutes. o n se ve ral rel ated 1,,ue, At th e 1ud:-
Se ss 1on he passed our a couple o f pieces o f paper fo r C ounril to reference. One 1s a lcuer 10 Trammell
Crow re ga rding the Ale.~an Re"denti.1 1 De,elo pment at Englewood Ci 1yCenter. A ,econd p ie ce of pJper
was a statement o f ves red rights regarding the prope rty . Al so. he ad vi,ed . he hJ , so me add111 o nal ''<>rding
he wo uld like to give to Counc il and read int o the reco rd . as part o f thi, re ,nlu11 on. for C, uncir ·,
considerario n.
Director Simpson stated Iha! lhe Engle\\ood Environmenta l Foundati o n is requ es11n g Coun c il ", Jpprm a l of
lhe res o luti o n tonight. This will approve !he Trammel Crow Re s 1dent1 a l C 1t)Center s ue plan Jnd au th o rize
EEF lo proceed with the property sale to Trammel Crow Re si dential. He advi sed he wo uld be reading the
modificati o ns 10 the re soluti o n into the re cord.
Mr. Simpso n explained 1hat. af1er all of the WHEREAS ·s. Sec11 on I s ho uld be re, ised to read : The Cir,
Co uncil o f !he Ci ty of Englewood . C o lo rad o. hereby find s that the final site plan s ubmitted by Trammel
Crow Res iden11al for Alexan al CityCenter. consi s ring of 29 sheer s (as subm1t1ed 10 u, o n March 27••) (C I
as modified b) the revi sed S1a1ement o f Vested Rights prese nted o n April 3. WOO -thro ugh C5. LI th rough
L5. A3.01 lhro ugh A3.08 and A-l .01 th ro ugh A-l . l l. hereinafter called the ··sue Plan .. ). complies with and
is cons istent with rhe Englewood C i1 yCenter P UD and the De s ign Standards included therei n and ha s been
approved by !he Ci1 y Manager (or hi s des1gnee ) in accordance with the P UD. Mr. Simpson ,tated that 1s a ll accurate .
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Englewood City Council
April J, 2000
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Sectio n 2 will remain as it is within the existing resolution. Mr. Simpson said . h read s : The City Council o f
the City o f Englewood. Co lo rado hereby recommends the Englewood Environmental Foundation proceed
with the property sa le to Trammell Crow Residential in accordance with the Sale Agreemelll as Jmended.
Sectio n 3 . The Site Plan as approved herein shall apply to the real pro perty as desc ribed in the Site Plan
and as it may be modified by any required administrative lo t line adjustment procedures . Mr. Simpso n
explained that . s pec ificall y. what they are talking about is the fact that as we have proceeded there ha,·e
been a few sire des ign changes that have resulted in what may be s t be described as an encroachment. A
stoop or something similar being o utside of the property line will not be permined . but we will adj ust thi,
through lot line adjustments o nce we have the time in the next ten da ys. That will be d o ne pno r to d o s ing.
he said.
Section~-The City Council approves the Statement o f Vested Rights as prese nted at this meeting and the
Statement o n page Cl o f the Site Plan is modified to conform 10 the Statement submnted at th,, meeting .
Mr. Simpson referenced Council to the Statement o f Vested Right s . which he pa ssed o ut earlie r. We d o
need to no te that there are a couple o f c hange s 10 this language that we did not agree 10 thi, af!ern oun th at
need to be no ted and they will need to be modified for thi s statement . Spec,fo:ally. eight line , do "n . "e
are talking about a vesting peri o d of three years. no t four years . And co mmensurat e \\Ith that. J S )OU mo ,e
do wn. you will find about half way d own a sentence that s ho uld read ··sue P la n s ha ll remain vc,ted fo r Jn
additi o nal three yea rs beyo nd s uc h three yea r period ... Movi ng d o wn to the very las! ,en!enc e , there 1
so me language th at was no! co mplete ly agreed 10 1h1 s afternoon and there fo re . he >lated . "e are ,ug ge,ttn g
sink ing all f the language after t.he word prope rt y. He said tt will read .. a, ,uch plJt ,s expec ted to be
re vised t0 conform sub stan11 a ll y 10 the le gal de sc ripti o n o f the propert y ... We are s tnking the remain,ng
language. he said .
Mr. Simpson advised 1ha1 the be s! wa y 10 de sc ribe the Statement o f Vested Rig hts is th at it i the assurance
10 the developer that standards and regulatio ns and what we are approvi ng here will no ! be c han ged by the
C it y . So . he sa id . thi s provi des a very good level o f assurance to the devel o per in thi s procc __
Ma )Or Burn stated 1ha1 C it y Anorney Brotz man had advised him. j u,1 be fo re we sa1 d o wn . tha t th ere "ere
s me c hanges in the Stale la w la s ! year regarding vested rights . He asked Mr. Bro tz man if Ih a ! "a rig ht.
City Attorney Brotzman confirmed 1ha1 1ha1 is correct.
Mr. Simpson stated 1ha1 thi s is no t an at ypi ca l reque st. He noted we do n·1 ha ve eno ugh de ve lo pment in th t>
City. typi c all y. 10 have see n mu~h o f thi s occ urring . bu! with a proJe CI o f this substance it ,s ve ry muc h a
standard that yo u would expect.
Section 5 . The C it y Coun c il find s that the Site Plan constitutes a site s pe cific develo pment plan and a
de ve lopment agreement between the C it y and the appli c ant in accordance with C o lo rad o Statutes .
Section 6. City Council will ho ld a p ublic hearing Ma y I. 2000 lO further establish the ve sted nghc s created
by !he Sile Plan.
Mr. S impson explained that the Statutes c all o ut that there mu s! be a publication for public hearing a nd
after 1ha1 public hearing is held then a subsequent publi s hing o f the vested rig ht s language wtll occ ur
fo urteen da ys thereafter. So cha! is what thi s does. he said . and then al the end o f that 11 will constitute a
si te specific de vel o pment plan as defined by State Statutes .
Mr. Simpson said. just so everybody is also very clear. as we approve 1h1 s 10 mgh1 we bel ieve. and what we
ha ve po rtra yed lO Trammel Crow. is that this. in our opinion. does alread y consmuie a vested interest in the
pro perty and we are ready 10 proceed . But. he explained , we are proceeding with th is to continue 10 give a
greater level o f comfort 10 Trammell Crow·s lenders .
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Englewood City Council
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Section 7 . City C o uncil approves the Site Plan subjec t to the additional followi ng conditions :
a . Prior to TCR · purchase o f the s ubject propeny. the City and TCR will enter into a
Memorandum o f Understanding (MOU) concerning interpretatio n o f the building and
fire codes.
b . Constru ti o n drawing fo r the propeny must compl y with the applicable building and
fire codes. co nstruct io n codes. as they ma y be c lar ified in the MO .
c . C o nst ru cti o n drawings for the propeny must satisfy th e written co mment s dated
March 29. 2000 from the Building Division of the City.
d . The west wall of the parking structure o n the we st parcel o f the propert y shall. at the
devel per·; o ptt o n. either (i) be painted to match the stucco porri o n o f the we t
apartment building o r (ti ) be decora ted w11h public art selected and applied under J
proce, i.1m1lar to the process c urrentl y unden,ay fo r the ncarb, \Val -1\lart pro pert ).
and ti the develo per elect s o pti o n (ti) the develo pe r " tll contn bute up to S50.000 h>r
de ,gn and installatio n o f such an and the C ity" tll mat c h ,uch conmbu11 o n.
Sectto n Cit) Co uncil direc ts and auth o rize s the Cit y staff to implement the co nd iti o n, ,et fo rt h unde r
Sectio n abcl\ e .
Sectio n 9 . Cit) Co uncil authorizes and directs the C it ) Manage r to >1g n and J ell\er to T C R the le tt e r fr o m
the C it;v to TCR dated April 3. 2000. Mr. Simpso n said he J gain refe rence the Al e \Jn Re>1den11 a l
Develo pment. Engle\\ood Cuy Center. Th,s letter s peet ti c JII ) go e , int o e»e n11JII) admin i,trJt l\e 1;,t1e ,
that TCR felt were imponant to have c lari fied and strengthened thro ugh \\rlltng. but s pc c:,ticall) \\e are
address ing bu ildin g o de . tim e ly re view and approval. tinann ng pu b li c ,mpro ,ements st1ch as the
sidewalk s that we are already co mmitting to do . ve ,ted right, that \\Care commiuing to do here to night.
RTD improvement . parking. u11li1ies. co nd o minum,zat,o n. no bu s tra ffic o n interi o r streets o th er than o ur
shuttle buses. vaca tio n o f easements. permit devel o pment fee ;, and ttmeframc,. So . he said. th at 1s \\hat
that lener will be accommoda1ing .
Co uncil Member Bradshaw stated he wa s confu ed o n number IO in the Trammell C ro w letter. She no ted
it says .. The Cu~ will no t permit Engle"ood Park\,ay. Galapago and In ca Streets adjacent to 1he Proj ect to
be used for an y reg ular full -s ize bus sen tee ." Mr. S,mpi.o n a,d 1hat ,s correc t. In respo n,e to Ms .
Brad,haw. Mr. Simpson said that Fl o )d "ill be the prim a r) ac ce ss and the o nl v thing we \\I JUld see
occurri ng . potent1all y. is 1h a1 the s hutt le sen ,,·e \\Care looking ,mo . \\Ould po te ntiall y go d o " n th o,e
interi or street~.
Co unc il Member Garrett as ked ho w the bu ; traffic will come east bo und o n Hampde n. 285 . Mr. S 1m p,o n
advi sed thal 11 will be ea st . turning o n Elau go ing no rth to Fl oyd and Ela ti go in g to Fl oyd and th en back in
and o u1 o n that rou1e . II will no t be co ming in to the propeny. M,. Brads haw no ted 1hat the y can 't acc ess 11
o n Fo x an ymo re . Mr. S,mps n ·ta1ed the y can·, go no rth after Floyd becau e that street 1s bl o cked .
In response to C o un c il ~!ember Garren. Mr . Simpso n exp la ined 1hat Sectio n 3 o n the resoluti o n become ,
Section IO "hic h reads: Thi, rei.o lut1 o n suppon in no way waive s o r delegates the Cil)'S regulat o ry
powers. duties and re sponsib1litt es with re s pect to zonin g and governmental issues .
Mr. Simpson advised that staff ,s available to ans\\er ques 1i o ns and they are req ue sting approval o f thi s
resoluti o n to ni g ht.
Mayor Burns asked if th e re were any questi o ns o r co mments .
Council Member Garren a sked if 1he City contributio n matc h addressed in Section 7 (d ) was j ust recentl y
offered in the Study Session. Mr. Simpson sai d no. 1hat that goes back to the issue when we fir st staned
talking about thi s . We ha ve been st rugg lin g wi th the design related issues o n that parking structure. he
said . It is a diffi c ult issue and we arc a ll very cognizant of the budget fo r thi s projec t and it is tight. Bui. he
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Englewood Cit~· Council
Apri13, 2000
Page 10
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no ted. "hat we are tryi ng to d o is trying to figure o ut how to make it look mo re attractive. Mr. S1mps n
s tated he o ffered up. as we did with the Wal-Mart project, that o ne way we might appro ach this wo uld be to
ma ybe be highl y creative . things that no ne o f us are think ing about and mayb.e -ug gest looking a t 11 as a
publ ic art wall and tigunng o ut someth ing very unique . He advised that o ne thing Ro n Straka suggested a
lo ng s inuou c urve that wo uld go the entire length. maybe have it beco me a piece o f sculpt ure and light the
wall in an interesting way. That is o ne possible o pti o n. he said . and there are probably a milli o n o ut there .
Mr. Simpson sa,d. as the y did with the Wal-Mart project, we required them to ante up S50 .000 and we
matched that. With thi s partirnlar project . he stated . he suggested that initiall y. He no ted that Fnday he
was able to get a commitment that we wo uld go forward with that, but Trammell is wanting to make s ure
that the match is there .
Council Member Garrell aid. \\llh re spect to (d) he wo uld like to. personally. see at lea ,t o ne mo re.
because thi s sa)S the develo per ha s the o pti o n of d o ing (iJ o r (ii ). He stated he wo uld like to see the C u y
ha ve somewhat mo re input int o that . as o pposed to a devel o per o pti o n . Mr. Garrett said he wo uld like to
see an alternatl\'e (i11 ). which ,s ,omething you have n't th o ught o f ye t. whi ch ,s something mutual!~ agreed
to between the two parties . r.tr. Simpson said o kay . it will be (iii ) and the minimum cost will still be in the
same ballpark.
Co un ,I Member Grazulis asked about the approximate length o f that pa rkin g fac ilit y. Mr. S1mp ,on said 11
i about 1-0 feet and 11 1s es,enuall y a three to ry building. which puts ii at abo ut fo rt y -two feet.
Mr. Simpso n o pined that 11 , a d1ffi c ulr iss ue. but there is some real exc itement there 10 po tent ially tak e a
very unique appro ach .
Mayo r Burns said he think s 11 has a huge po te nt ial and we can do something very unique \\ith thi s .
Coun ci l Member Grazul1 s commented 1ha1 111 s o ne mo re presence o f the art s o n the project.
Mr. S1mp o n ad 1sed that he has broken the new to Miller Weingarten and sugges ted . ,f thi, meet s " 11h
Counc il's approval. "e n11 gh1 be looking at introducing art with all the building, and see in g ho w 1ha1
wo rk s. Ma yo r Burns said that is an excellent uggesii o n.
City Manager Sears no ted he has no ! had a c hance to to tall y review the leller in delJII. He sa ,d wit hin th~
paragraph o f item'.!. T1md y Re view and Approval. ii says ··11 is the C uy·s des,re that con,1ruc11 o n o f your
Project be well underway \\hen the C ,t y hos ts a nati o nal co nfere nce o n light rail facih11e s in Octo ber 2000 .
Accordingly. comment s and markups o n yo ur constructi o n documents will be returned 10 yo u w11hin three
weeks fr o m the time yo u ubmll your initial set o f construcu o n d ocuments and within two week s after y u
s ubmit any s ub seq uent revisions." He said he just wants to make s ure that the City staff re viewed 1h1 s a nd
will be able to co mpl y with 1h1 s requirement. e,pec 1ally s ince they aren 't goi ng to able to fini ,h that secti o n
of the project pri o r 10 the conference. He wo ndered if we are pulling o ur selves in too light o f a bind . M r
Simpso n thanked Mr. Sear, fo r that concern . Howe ve r. he sai d. he thinks this is rea sonable . We have
talked to the Budding lxpartmcnl and Lance Smith may wan! to address that. What we had med 10 venfy.
Mr. Simpson a,d. is that o nce "e ha ve a complete submillal of construction documents. th ose will be
fo rwarded lO an o utside review agency and 1ha1 will take a maximum o f twenty -o ne days. three 1>ee k . and
u pon conc lu sion of that review. 11 wo uld be returned to the develo per and they would make the c han ges. the
re, 1s 1o ns. as required . and o ur ,econd review time peri od wo uld o nly require an additi o nal two week
peri od . That 1s how o ur con,ultanl determined the timeframes .
Cuy Manager Sears co mmented that thi s is a pretty o nerous respons ibilit y and we just need 10 make s ure .
fr o m the staff s si de, that we are able to comply with that. Mr. Simpso n asked Mr. Smith if he was
comfo rtable with that . Chief Building Official Smith said yes. he has been assured, b y the o ut si de
consul1an1s that are going 10 d o the review. that fifteen working days is adequate .
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Englewood City Council
April 3, 2000
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City Manager Scars asked if this would also meet all those other reviews. the engineering reviews. those
other requirements . Mr. Simpson explained that what this is contemplating is that o nce constructio n
documents arc submitted we would have those three weeks to review . During that same time period . he
said . all engineering comments wo uld have to be accommodated. He pointed o ut that. primarily. o ne o f the
difficulties of these last several weeks is that many of th o se comments have already been addre ssed and
that is one of the things we have been working so hard o n. so that should be a lo t easier o n a lo t of other
areas at this next juncture.
Counc il Member Nabholz commented that she was grateful City ~anager Sears bro ught that up as she ge ts
concerned with this kind of a timeframe. that through the permimng process. and everything el ·e . that \\e
don ·1 lose sight of o ur constituents out there that al so ha ve building needs and we are no t gi ving verbal
approval s. that we are actuall y out o n site s and address ing their needs . Ye s. he said . thi s is a big proJect.
but we al so ha ve c iuzens o ut there wh o need the ir si te plan re,·icwed and approved 100. Ab,o lut e l). M r
Simpson said . and he thanked her for that comment . He advi sed that o ne o f the important things that wa s
suggested here was that we give pri o rit y re view and a pproval lo Trammell Cro w and the Cit y fel t that \\C
could no t provide that. Obvio us ly. he sa id . we are go ing 10 give absol ute pri orit y as mu c h as \\e can. but
o bvi ous ly we have other constituents out there and we ha ve cnizen that have equall y as impo rtant . to
them . projects. So what we will be do ing . he said . ts makmg sure that the se meet with consultants in that
three week time period and we will continue to give good sen ice fo r s ue plan to o ur exi sting constituent
ba se .
Ma yo r Burns co mment that. indeed. o ne o f the reaso ns the y can do th t> is the y will have an o ut si de
consultant reviewing their plans. it will no t be just the staff. He as ked if that was corm:t. Mr. Simpson
said yes and that is helping a lo t. He no ted a lot o f thi s 1s be ing farmed o ut and we will till be able to
acco mmodate more of the dail y need s.
Mr. Simpson ,lated thi s projec t 1s large and diffi c ult and that 1s one o f the reasons we have c hose n th is
route.
Mayo r Burn s asked if there were any other questions. comment s. sugge sti o ns or c han ges. Being no ne . he
asked if there wa s a recommendati o n to ad o pt the re so luti o n as we have no " dra fted it.
COUNCIL MEMBER GARRETT MOVED , AND IT WAS SECONDED. TO APPROVE AGENDA
ITEM 11 (c) (i) • RESOLUTION NO . .io, SERIES or 2000 AS NOW DRAFTED.
RESOL UT ION NO . 40. SERIES OF 2000
A RESOLUTION APPROVING THE TRAMMELL C ROW RESIDENTIAL C IT\'CENTER SITE PLA,\/
AND AUTHORIZING THE ENGLEWOOD ENVIRONMENT AL FO UNDATION TO PROCEED WITH
THE PROPERTY SALE TO TRAMMELL CROW RESIDENTIAL.
Vote results:
Motion carried.
Ayes:
Nays:
Counc il Members Nabho lz. Garr~u . Brads haw . Wo losy n.
Yurchick. Grazuli s. Burn s
None
(ii ) Mayor Burns adv ised that thi s item is a recommendati o n from the City
Manager"s Office 10 approve. by moti o n. a temporary agreement with McLeod USA Telecommunicati o n
Services. Inc .
Council Member Garrett stated that he would be abstaining fr om thi s as hi s empl oyer is also a
tclecommunica1ions provider .
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Englewood City Council
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A 1stant City Manager Flaheny advised that he was present to request s upport fo r a temporary agreement
with M,·Leod USA. McLeod ,s a teleco mmumca!l o n se rvice pro vider and the y wo uld like to b.:gin
insulatio n of a 1elecommumca11on facility through the C11y o f Englewood. Thi primarily means the la~ing
of able in o ur public nght-o f-ways . There are a couple o f reaso ns . One . the y will be eventually eekrng
c ust o mers for res1den11al and commercial. local and lo ng di s tance . telepho ne service in th,s area. as well J S
the fact that Englewood ,sin their no rth south access fo r their system th rough metro Denve r. The reque st
fo r the temporary agreement is in lieu of the fact that we do no t have a c urrent o rdinance that take s ,mo
cons 1dera11 o n multiple providers utilizing o ur right-o f-way . The Greater Metro Teleco mmumcau o n
Co ns mum 1> working o n a model right-o f-way o rdinance. ho we,er. that will no t be prepared fo r severa l
weeks . Mr. Flaherty said they will pro babl y bring that to Coun ci l in the late s pring o r earl~ s ummer.
M Leod has indicated that the y have a stro ng interest in ge lling their system laid thro ugh Englewood and
they have provided us with. basically. an agreement that matches the Gl\lTC model o rdinance that will be
forthcoming. as well a; adhering 10 state . federal and local laws. as \\ell as o ur O\\n bu ilding J)<!rm11 s a nd
o ther n g ht -of-wa} regula11 o ns . Mr. Flahert~ e,p!Jined that there will be no immediate financial ,mpal.'I
fr o m this ac11,11 y . ho "e,er. at some point when Mc Leod ,s providing service 10 Engl e \\ood re >1 dcnt,. \\e
will be looking at also provi ding Coun cil \'Ith an amended occ upati o na l ta x o rd inance fo r u11 h 11e ,. He SJ1d
there "as a repre.entatne here to night fr o m Mc Leod to ans\\er any que,u o n; Co unci l m1gh1 ha,e l,o .
he adv, ed . the Publi c Wo rk Depa rtment . C it} A11o rne } ·. Office and L'11l111e Department ha ,e re\le\\ed
the permit and appro,-ed 11 .
Council Member Bradshaw as ~ed ,f 1h1 s in,·o lvcs d igging up o ur ,1ree1>. :'-.I r Fl.1hen~ s J 1d 11 mJ,. 11 "'" in
some cases. He advised he did no t think 1h1, \\'JS all underg round. bu t 1h1s "di include IJ , mg ,able in the
streets. in the street right -of-\\a~s . l\l s . Brads ha " ,a,d she ha no problem \\I th th Jt a lo ng J > 1he patching
is d o ne correc tl y. Assistant Cu~ Manager Flaherty SIJled that he \\ls sure the manager o f Publ1,· Wo rk ,
ha s that sa me concern a nd he ha ; re\le\\ ed the agreement and conrnrred "11h the agreement J S \HIiien
Mayor Burns asked if McLeod "PJ: in g fo r all o f the in,1 alla11 o n. ,,1>1Jnt Cu~ :'-.t anager FIJhcn, sa,d
yes . Mayo r Burns as ked ,f the) are antK1pa11ng the oc,·upauo n ta, later C11~ At w rne~ Brotzman ad, i,cd
we will be loo king at the occ upa11 on tax J> "ell. tha t 11 1> co ming up in :'-.I J, o r June.
Co uncil Member Yurch Kk a ,~ed ,f the ~ "di be ,umging thi, e,er, "here o r ,f thcv are JU>! going thro ugh
Englewood . A,s,stant C11~ l\bnJ ge r Flahert, ,a,d he \\as n 't sure abvut their 1ni11al plan,. He ,a,d he
th o ught. fr o m their prospe,tne. 1h.111he~ \\Ould hke 10 pro \ldc sen 1cc to c,ef\o ne ,n Engle"oo d that
wants the se rvice . The m111 al permit ,s 10 pro , 1de them "11h J no rth south acce s through the C11y . At
some po int. he said . the y mJy be pro vid in g sen ,re 10 mdl\ ,dual re»dent,. Currentl y. :Vlr . Flaherty said.
most o f what they are d o in g "thro ugh kased Ime s from U.S . West
Council Member Yurch,ck asked where the y \\ant that no rth south access. Mr. Flahert y said he \\as 11111
sure of \\hat the actual plan is. that he has n 't seen that at thi s point. but that ,s so meth ing they can prov ide
10 Council o r perhap the rcprcsen!Jlive co uld prov ide u, \\Ith that information if the y ha ve it to ni g ht. He
sa,d he \\as not s ure .
Bo b Duchen. o f R, ver Oaks Communication,. ad, ,sed that their company is a consultant 10 l\lkLeod . He
advi sed that he did no t hJ,e a dire,t ans"er 10 Co un cil's questio n to night. that he s po ke with the gentlema n
who is ,n c harge o f nel\\ork cons1ruc11 o n ,n the Denver metro area . What he an11cipates is th at m111all y
Mc Leo d w,11 ,eek permission and work cl ose ly "-Ith Ci ty staff. so that McLeod ca n provide th rough
working with Cit_ staff se,uring permi ss io n so that the y ca n constru t o ne and a hal f mile o f plant. A, the
gentleman before him said . McLeod has a leasing arrangement with .S . West a nd that enables McLeod tu
utilize U.S. West facilitie, to tran s fer teleph o ny traffic o ver .S . West Imes . At some point McLeod mJy
come back to the City. thro ugh the permining process. and as k for s ubsequent permi ssion to d o direct
construction to other locations within the C11 y. But initiall y. he said . the plan is to provi de a game plan
such that they could do about o ne and a half miles o f underground construcuo n . Council Member
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Yurc h,ck a.sked where they will be do ing thi s. Mr. Duc hen sa id he d id no t have that in fo rmatio n. that he
did no t ha ve a map wtth him. He said he c an tell him that the de sign plan fo r the entire metro area ts al a
point no w where 11 is beco ming closer to finalizauo n . but he does n t have that informat io n wtth him
to night.
M ayor Burns no ted that . for instance. if tt ,s d o wn Bro adway o r something like that . "e are go ing to be
"o rkrng o n Bro adway heavil y thi s summer. He a ked ,f C o un c il c o uld find o ut as soon as possible where
th1> is .
C o uncil 1\-lember Bradshaw asked if they sho uld wait until Counc il receives thi s informauo n and talk a bout
thi s at the next meellng .
C o uncil Member W o losyn asked ,f thi s means. if o ther c o mpa nte m the future "ill wa nt 10 d o th1>. ,f th is
will be e ndl e ss.
Mayo r Burns advised that this is a big issue fo r muni.:,paltt ie s of ho " many pen ple can c·ut ~o ur ,1ree1> and
ho w many peo ple can c o me in and la y Ime s.
Co unc il Member Brads haw pointed o ut that "e c harge c tti zens fo r paving di s trt c t and that 1> her co ncern
If II is a bad patch then the cm zen d oe ,n·1 get \\hat they pa y fo r.
Mayor Burns co mmented that that "up to 1he C11 ~ 10 enfo rce and ms pe ,·1.
Assistant Ci ty Manager Flahert y advised that Leigh Ann H o ffhine s just in fo rmed him 1ha1 th e n g ht -of-\\a~
ordinance th at is being prepared b) GT~1C "di take int o ac count that issue s pecifically and lay o ut tho,c
routes that the City will accept fo r 1horoughfare o f th o se c able Imes thro ugh the Ctty. Clear I). he said . a ,
soon as we ha,e mformatto n fr o m Mc Leod n their de,ires and Publi c W o rk s has appro,e d th ose . we c an
provide that in~ rmat t0 n to Co unci l and "e "ill d o tha1.
Mayor Burns ,aid he kno "' o ne ,, ue hJ, bee n thJI o me Clite s ha,e had the pro blem o f c o mpa me, c o m ing
in a nd saying we are JU>I g,i mg to CUI yo ur ,tre et and we d o n ·1 c are whether yo u ltkc II or no t. Then
a nother co mpan y come, and the) \\a nt tn do the same thing . Mayo r Burn, said he think s that the p urpo ,e
of the o rdinanc e perhap,. ,s to ha,e ,o me kind f c o nt ro l o wr thi s . A s,, tant C tt) Manager Flaherty ,a,d
that is exactly "hat 1ha1 o rdinance '"II d o .
C o uncil Member \V o losyn said ,he "as "o nderin g if C o uncil ,s Jumping th e gun by approving something
that has no t been 1ho ug h1 o ut m an o rdinanc·e .
C o unc il Member Brads ha" stated ,he want s to kn o w \\ he re ii is he fo re s he can , 0 1e o n it . that ;he wants tu
kno w the ro ute be fo re she can vo te o n 11
Mr. Duc hen said he understands. but he wanted to point o ut o ne thin g in the pro posed lener agreement wuh
City C o uncil. He stated that the agreement provides that Mc Leod will adhere to all applic able Cit y
permining requirements. c o nstructio n standards . and the manual o n 'm fo rm Traffic C o nt ro l De vic e s . The
purpose o f that is such. he said . that e ven if Co uncil were willing to gi ve them approval o f th e lener
agreement tonight . it is not. in a sense. a blanket autho rit y that o bviates the need fo r the permitting proc e ss .
He stated that McLeod still needs 10 come in and work with the Cuy s taff very closel y in terms of w here
thi s route will be and that is subject to wo rking wu h the public wo rk s a nd engineering fo lk s. He s:1id he
does understand Council's concern .
C o unc il Member Yurchick s 1a1ed 1ha1 he think s it is mo re than just that. He thinks they need to discuss this
when we o pen the door to this . He noted it is no t just McLeod. that there are a lot of people that want to la y
hnes a nd get into the telecommunications business .
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Council Member Wolosy n noted that all of these fines points will be considered when the y write the
ordinance.
Council Member Nabholz advised that this has been a hot topic for severa l yea rs at NLC. all the me sses
that some of these municipalities ha ve gonen into . She stated she is real leery to move o n thi s tonight.
Mayor Burns said that he knows the Consortium has been working o n thi s and he would feel mo re
comfortable if we had their ordinance. He asked City Anorney Brotzman if he had reviewed th is . Mr.
Brotzman said he has reviewed thi s lener and we have a draft of the Cons ortium ordinance and what we are
tr yi ng to do is coordinate that o rdinance with all of our current permimng proce ses and to coordinat e
making sure all of the street c ut s happen at the sa me time. or as cl osel y as we can . to ha ve all th ose ,er\'l ces
that need to lay a line ... when yo u lay a street cut. do it then .
Mayor Burns asked why they need the tempo rary agreement . C ny Anorne~ Brotzman explained that the~
are saying that the y are going to fo ll ow all o f the rules of that proposed o rdinance . He said he doe,n ·1 see
any need fo r c hange s. currently. for the City of Englewood. ho wever. Ken Ro s 1> m charge o f stre et ,uts
and he hasn ·1 talked to Mr . Ross and he doesn ·1 kn ow what his feeling s arc abo ut coordmatmg tho,e stre et
cut or how that ordinance will coordinate with our current ordinances . Mr. Brotzman ad vi,ed that what
McLeod is saying is that when you get that o rdinance done \\Care go ing to IJ\e b} that la\\. we are go mg to
live wnh what yo u have currentl y and we are goi ng to li ve b) the Gl'vlT C pro po sal.
Council Member Brad shaw as ked wh y Co unc il ha s 10 approve a temporary.
Mr. Du c hen asked if he could addre ss the que sti on. He explained that the reaso n fo r the reques t 1s that
McLeod is talking with a number o f communities in the Denve r metro area and anempung to la y o ut hi s
construct ion plans and engineering des ign o n a metro-wide ba sis . The ,ompan y \\Ould like to start
construc uo n here in the Cit y within th e next 30 to 45 day s o n thi s o ne and a half mile segment he referred
10 .
Counc il Member Brad shaw asked ho \\ lo ng Mcleod ha, kn O\\n about thi s . !\Ir. Duchen sJ1d he did m>t
kno w. but that hi, .:o mpan y ha s been in\'olved in the proce s fo r rough!~ the last 30 tO 45 days . He advi sed
he could not peal 10 the que;,t1nn o f how lo ng they ha\'e kn o wn about thi s. They are wo rking o n
construrnon o n do \\nt o wn Dcn,er and the y ha ve approached a number o f o mmuniue, in the me tro area
and agam . he aid . we are here to \\Ork with the co mmunities .
Coun 11 '.\1ember Bradshaw said she understands that. but she questi ons an ele\'enth ho ur appeal and s he
quesu o n not lno wing where they are going.
Ci t) Ano rne) BrutzmJn said he tho ught the main problem wa s that \\e don't kn o " where the street mt is
going to be . If the y kne" "here the street cut was going to be and the ~ sa id the y are go in g to hve \\Jthin
all o f yo ur current law s and the proposal of the GMTC. it is rea l easy 1f yo u kne" what street it wa s goi ng
to run do wn . Mr . Brotzman o pined that if they continue it to the ne,t meeu ng that pro babl y meet> their
timeframe s and all o ws Co un.:il to get the informati on.
C o un cil Member Bradshaw tated she need s more informat io n.
Mayo r Burns stated he th o ught they all felt a little unc o mfortable .
Council Member Grazulis said ,he felt the same way . She noted we have do ne so man y things with
Bro adway now and we have so man y plans . She sa id she wants to kn ow where it is going to be .
Mayo r Burns commented that he thought Council was generally in ac cord with what the y are do ing .
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Council Member Bradsha w noted Iha! pro bably Co unci l co uld ge l bac k 10 them in fo urteen d ays . 1he 17"' o f
April.
Mr. Duchen advi sed he would gel 1ogcther with 1he co n 1ruc11 o n peo ple and see if !hey could provide C 11 y
staff with a layo ul of where !hi s proposed o ne and a half miles of cons1ruc 1i o n wo uld be a nd see if 1ha1
meets with the Ci1y staff s approva l and then come back again and seek Counc il's approval.
Council Member Bradshaw sai d 1ha1 wo uld be fine .
Mayor Burns said he 1ho ugh11ha1 wo uld make Council fed mo re comfortable . He 1hank ed Mr. Duc hen .
COUNCIL MEMBER BR.\DSHA W MO VED. AND IT WAS SECONDED. TO CONTl'.'llt:E TO
APRIL 17, 2000.
Aye s:
Nays :
A bs 1.ain :
Mo 11o n carried .
C o un c il Members Nabh o lz. Bradshaw. Wo losyn . Yurc hick. Grazuh s.
Burns
No ne
Coun cil Member Garrell
12 . General Discussion
(a) Mayor"s Choice
(i) Mayo r Burns advised 1ha1 o n 1he 23 'd o f March he anended 1hc Soulh Mwo
C hamber o f Commerce breakfasl o n 1ran s i1 o riemed de velopmenl and C o un cil 11.lcmber Grazuh, \\ll> !he re .
He said he s poke and what they were mainl y tr yin g IO convey Ill 1he ane ndee, "a, "hJI tran,11 one med
deve lopment is all aboul. as o p posed IO big box re1ail. He 1ho ug h11he y reall y did o pen -,ime C)eS abo ul
wha1 we are d o ing wi lh o ur devel o pmenL Co un c1l l\lember Grazul,s ag reed . MJ)Or Burn, no 1ed 1h.111he )
did no l quile undersla nd what we "ere d o ing a nd 1he) received a IOI o f commem s fr o m peo ple af1en,ard
thal 1hey reall y had their e yes o pened as 10 ho w unu sual and differenl o ur de,clo pmen1 1s
Ma yo r Burns said 1ha t al so that e ve nin g he and Coun ci l Member Nabholz anended 1he even1 al 1he '.\.l arno 11
Sou1heast where Perkie Allen was given 1he Mino ru Ya,ui Co mmuntl) Vo lu n1e er A\\ard. whic h "a" real!)
a ne al eve n1 . He no 1ed a 10 1 o f Ms. Allen·s friend s were 1herc. 1hcre "ere a lot o f good .:ommems and ,he
looked 1errific. Ms. Allen gol up and s po ke and she wa s as fo rce ful a, anybod) in lh e place . he s aid . S he
has vo lun1eered fo r Sewall Re hab ili1a1i o n Hospilal fo r fif1 y years. which . he sa,d. is j ust 1ncred1ble . They
started wi1h vi rtuall y no 1hin g when s he s larted . j usl a few kid s a nd a t herapis1 and no w 1h e y ha ve -1 00 o r
500 kid s tha11he y work wil h. Mayo r Burns commenled 1ha1 she wa s jusl d ynamtle and ii was a very mce
e ve nt
(i i) Mayo r Burns no 1ed !hat Sunda y he j us1 ha ppened 10 be li stening 10 KN US tn 1hc
afternoon and 1he y had an ho ur lo ng pr ogram o n golf. whi c h was bein g broadcas1 d1rec1l y fr o m 1he
Eng lewood Go lf Course. They imroduced the s1aff and io ld abou11h e fac1li 1tes . He said 11 was g re al
publi c it y for 1he golf course.
(iii) Mayo r Burns ad,i sed 1ha11he Me1ro Mayo r's Ca uc us mel o n Friday a nd o ne o f
the big 1o pi cs was open s pace . He s1a1ed there will be an 1n i11al mc eli ng . in a couple o f weeks. o n
Arapahoe Coun1 y open s pace. He commented o n ho w >0 ph i>1ica1cd 1h1 s has go nen and no 1ed 1ha1 Jefferson
Coun1y's program is 1wcn1 y years o ld and it is reall y 1crrifi c . Mayo r Burns s1a1ed 1ha1 Jefti:rso n Coum y ha s
purchased more o f their open space and Douglas Couni y has mo re co nserva1i o n easemen1s . He no 1ed 1here
are some very sophi sticated programs . He said Coun ci l probab ly saw in 1he paper aboul 1ha1 hu ge ran ch.
21.000 acres. in Douglas Coun1y.1ha1 has been preserved . He said 1here are 1wo pages o n DRCOG"s Open
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Space Preservatio n Program and the y coordinate with the other communities . Arapahoe Count y is JUSt
getting started o n thi s and . he sai d . he was to ld by the Jefferso n County Executive Directo r. that they have
cons ulted extensively with Jefferso n County. so hopefull y they ca n get a fa st start . Mayo r Burn s
commented that Jefferson County and Do ugla s County have wo nderful forested areas and footh ill s and all
th at sort of thing that reall y lends itse lf to this and Arapahoe County is so urbanized. except for the far
eastern part . We are getting a pretty late start o n thi s. he noted . and o f course Englewood 1s landlocked .
He said he wa s hopeful that Arapahoe Co unt y would be doi ng a lot mo re after getting a ve ry. very late tart
on thi s.
Mayo r Burns said he wo uld pass around a brochure the y received abo ut the ozone . "h1ch 1s a su mmer
problem. It occ urs in the warm days of summer. from nitri c ox ide and vo la tile organi c ch~m1 ca ls a nd
uns hine . The brochure ha s directives and guideline s abo ut even runnin g the ll\\n mo "er and oth er thin gs
you do in the summertime .
Ma)Or Burns said the y talked. again. about parking in the so uthwc t comdor tor the light rail . He no ted
there 1s a three da y period of free service on the lig ht rail when II o pen,. FT came o ut and 1o ld them the,
had a o ne day event in Baltimo re and St. Loui s and 1hev we re o vernhdmed to tall ) and a lo t o f peo ple
c uldn"t use the light rail and they were turned off be cause the, rnuldn "1 u,c 11. The, Jd, "cd lhJI \\C n t
make that mi stake. that we should do the 1hree day thing . Ma,or Burn, said he ,ugge>1ed l<l It)" \bn.1gcr
Sears that we might e ven want to ha ve some good will ambas,ador o r, mething o ut there for Engl c\\OOd.
wel o ming pe o ple 10 th e devel o pment. to the commun uy and makin g ,ure \\Cd 0·1 ha,e ,o me unh app)
peop le . Re gardi ng the parking problem. he ad vised that Ca l \!Jrcella ,aid the) are 1111 tr, 1ng to lea,e lo ts.
extra lots and so fo rth . which is sti ll in the initial ,tages. But there "a a good pro gram o n tha t.
Mayor Burns advised that he received a plaque fr o m th.: Met ro Mayo r"s fo r c hamng for ''"> ye ar s . He
advised Counc il that he appreciated their help and s uppo rt .
(b ) Co uncil Member"s C ho ice
(i) Counci l Member Nahbo lz :
I. She stated that Perkie Alle n 1s really an in,piration and a wo nderfu l wo man . She said ;he wa s
amazed at all of her acco mpl is hment s. She commented that Ms . Alle n wa s full of energy and s he reall y
amazed at her years of dedi c ation and commitment . not o nl y to the Sewall Ce nter . but to the Ci ty o f
Englewood.
'.!. She said that when s he was at NLC in December she wa s talkin g to the Ho usi ng Authorit y fro m
th e Ci ty of San Jose . She no ted she received in the mail. from the City o f San Jose. a c alendar which the y
ha ve put together showi ng the neig hborh oods and the improvements the y have made . They sa id they ha ve
received such an outpouring o f support from the c itizens that it j ust started a revitalizati o n and reju ve nati o n
of some reall y to rn up ne igh borhoods . Ms . Nabholz said she just fascinated. that there are reall y some neat
pictures and some inspiring sto ries . She said s he would turn the calendar over to Bo b Simpso n fo r th em to
loo k at.
3. She advised that she received ano ther call late Saturday night regarding S & H Concrete .
Evidentl y. she sa id . the y are dumping and rinsing out their trucks into o ur sto rm system . Ms. Nab ho lz said
s he to ld him that s he didn "t know what to do. that it wasn ·1 reall y a police issue and he said it happen s
between 7 :00 a .m . and 8:30 a .m. every morning . Ms . Nabholz sai d she advised him that we can·t reall y ti e
up Code E nforce ment. He told her it wa s al so o n weekends . She advised him that we ha ve a s keleton crew
of Code Enforcement o n weekends. that we are working o n it and the City is very much aware of the
problem . She said he has turned over film and pictures and everything to o ur Assistant City Manager Mike
Flaherty. Ms . Nahbolz advised that he is up set that they are us ing the City water and the citizens are
paying for that water. S & H doesn·1 have to pay for that water to clean their trucks and the y are up se t that
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the y are cleaning the trucks into our storm sys tem. So ii is a co ncern and she said she knows Mr. Flaherty
has been addressing it . Ms . Nabholz applauded Mr. Flaherty fo r his effort s 10 address this .
Council Member Yurchick asked where they are doing this . Council Member Nab holz advised it is o n
Union. that S & H Concrete is located ove r there by Wa ste Management.
Ma yor Burns asked if the y have been ci ted and if we have an ordinance regarding thi s. City Manager Sears
asked if Mike Flaherty or Chris Olson could respond to this . Director Ol s n advised chat they are working
wgether on it, trying 10 identify the issue s and 1ha1 it see ms like it is. primaril y. a u1ii11 y type problem . But .
he said. we are working toge ther . we are well aware of the prob lem and it is a mailer of co nfr ontin g them
and gelling them 10 comply . Council Member Nabholz thanked him fo r that.
City Manager Sears advised he wo uld ge t back lo Council and that he kn ows the y were rned la st year.
Council Member Nab holz opined that we don ·1 need an y more verbal co mm11men1 s. 1h a1 we need
so methin g in writing and we need 10 start c uing .
Mayor Burn s noted that ii is like ··well. when they are not loo king we will ·tan again .'" Cou nci l Members
Nabh olz and Bradshaw said that 1> exa ct!} \\hat I go in g on.
Co uncil Member Nabh olz co mm ented chat che o lks on Uni on arc JCIJ\"el y caking care of 1ha1
nei ghbo rh ood.
4 . She said she wanccd 10 say she ha s had per so nal experience with Greg Wea ve r and that he is a
wonderful fireman and paramedi c. Also she \\anted 10 a.:kno \\ledge Offi cer '.\,111 chell. She noted her so n is
totall y in love with him . as he read s at Bi sh p Officer Mit chell like s fo r Nich o la s I bri ng in hi s To m
Clancy books . Ms. Nabholz al ,o applauded Ken Gate s who wa s re cognized by the El ks.
(ii ) Council Member Garren tha nk ed all of the C11y empl o)ees \\ho worked ver}
hard to ge t the Trammell Crow prOJecl on hne fo r C1 1y. The y have put in a 101 of \\Or~ the la st fo ur month s.
considering at the same time the y are \\OrkJ ng "i1 h Trammell the y are "orkin g \\llh another de,el pe r on
the proJecl. So. he said. he wanted to thank them fo r all o f 1he1r patience .
Ci ty Manager Sears agreed that staff ha s reall y done a great job. espe c,ally Bob ,mp ; n.
(iii) Council Member Bradshaw :
I . She said she would like 10 second what Doug Garren said . She noted 11 ,s really ni.:e 10 work wi th
a class act .
2. She sai d she menti oned la st meet ing about loo king al Co un cil rule s and stuff. She asked chat
Council look over th ose and advise her of an y changes or rec ommendati o ns. Ms. Bradshaw sai d she \\Ould
be glad 10 compile those. However. if Counci l would like 10 ha ve a commi nee we cou ld do it that wa y.
whatever Council would like .
Council Member Nabholz asked what they are exa,tly looking at 10 change . She said she had 10 go int o the
City Anorney's Office because she had the one she was given when she was fir st elected. the o ne the y were
never, ever supposed to use.
Council Member Bradshaw said Council Member Garrell had a concern. as one night we spe nt S 10.000
sending four people 10 a conference and th ose kinds of thing s. She opined that Council need s 10 be fiscall y
responsible to our constituents. I don ·1 begrudge anybody going on a trip, she said . If yo u want to do it .
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ha ve a good time . But . she sa id. she thinks we need some input o n that. o n what is fair and what we need
to do as far as that goes .
3. She thanked Nanc y Reid fo r her help w11h the right-o f-way for Big Dry C reek . She advi sed that is
proceeding . She offered thanks to the City Attomey·s o ffice .
4. She said s he had a call from a constit uent advi s ing that there is a rumor flying. in the area north o f
Fl oyd . that Wal-Mart is going up like a Wal -Mart . but 11 will turn int o a Sam 's. Ms . Brads haw noted she
sai d no . that we already fo ugh t that war . 1t is not go ing to happen .
5. She said s he had the weirdest ca ll from a cons tuuent in Arapahoe Acres saying that a guy from
Arapahoe Acres was telling pe o ple on Do wning that they had to conform 10 the covenants in Arapahoe
Acre s . She thanked Harold Still for cleaning up a horrible mess and noted he did quue a good j ob.
Ma yo r Burns asked about the status o f covenant s in Arapahoe Acres . Coun cil Member Brads ha w ad vised
that the y have ne ver had a meeting. the y have ne ver been active. She explained that these peo ple were
ha ving an o pen ho use and there were too man y ca rs parked there and so he to ld them they couldn 't park the
cars there . He came running out o f hi s ho use to run down on Do wning and ~ ell at the m .
6. She o ffered kud os 10 Julie Grazu lis a nd noted she did a good job of getti ng her article to the
Citizen so qui c kl y.
7. She said s he has see n more and mo re tree s taken o ut o f ya rd s in o ur Ci ty . Englewood me ans hke J
wooded vi llage and she wondered ,f we could have staff look at a tree replacement program o f some ort .
Council Member Grazuli s advised that we ha ve o ne through Parks and Recreati o n. Co uncil Member
Bradshaw suggested the y get some publicity o ut there . Ms . Grazuli s said the y had o ne last year. but o n th e
da y the y were sup pose 10 distribute it s no wed .
Counc il Member Nabho lz stated that "e al so have a good fo restry progra m.
Mayo r Burns asked 1f Arbor Da , \\JS the 22 "". Co unci l Member Bradshaw noted that would be J llllle
qui ck 10 get that together.
Co uncil Member Brad shaw asked what we are do ing about tree replacement . Directo r Blac k explained that
we do have a Forestr y Program and JS part of the program we give sub si dies. The s ubs idies can be used fo r
trimming . remova l and re pla cement of trees . because we tr y lo enco ura ge people . especia ll y o n removal o f
trees . to replace those . Part o f the problem. he said . is that the cost o f removal is so high .
Counci l Member Brads ha w no ted that when yo u pay $1200 to take o ne do wn . yo u do n't ha ve mu c h 10
plant an other o ne .
Director Blac k advised that we will also ha ve so me information out related to Arbo r Day because we are
changin g that a liule bit. Where we used to give trees away during the week. he said. we think it is mo re
co nve nient fo r the re s idents to do it o n the weekend. so we will be changing that and ha vi ng it the !alter
part of the mo nth . Mr. Black said they will provide Council with some information about thi s .
8. She advi sed th at Friday she had a ni ce surpri se. She was elected President of South Suburban
Park Fo undatio n. Council offered her their congratulations.
Mayo r Burns no ted that GOCO was at the meeting on Friday and o ne of the Legacy Projects. sort of the
extra things the y do. was 10 connect a trail with the Highline Canal. He asked 1f there 1s a proposal to do
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that o n the east ide o f Big Dry Creek to go eas t. the o rher d irec uo n. If. Coun c il Member Bradsha w said.
they could gel permissio n fr o m o ne o f the c n,cs rhcre .
C o un ci l Member Bradshaw said she was real ex c 11ed and looking fo rward to a good rhre e ye ar re rm . She
sa,d ,he sho uld be abl e 10 rel! Council e xactl y "hat IA'as go in g n.
{iv) C o uncil Member Grazulis :
l. She advi sed a res ident c alled her because he wo uld hke a rraffi c count er o n h1 ;. bl oc k. He In es o n
the -'700 bl oc k o f o uth Clarkson and ha s lived !here for rhe las! se ven years . He said thal no w rhere 1s a
c ar thar goes by there e ver) thirt y se ·ond s and he wo uld like to kno w what he c an d o abo ut th 1>. l\l s .
Grazuh, said ;he ad vised him that she didn't 1hink there was much o f an ythin g the~ could do. bur she
wo uld pa, hi, number JI ng to Ladd Yosrr y or so mebod y so rhe y c an tal k d irectl y to him regard in g 1h1s .
2. She o ffere d kud 0s to O ffi cer M11chell reg ard ing the DARE Prog ram in C he rrd, n. The~ a Ire.id~
had their gradua11 o n and he r daughr er. and all o f the k,d;. th o ug h I he wa; \\Ond e rfu l. ·
3. She said 1here was a d etecrn e he had lu deal '"'h recenrl y reg ard 111 g he r )Oung daughter Ii "·"
a s ituat ion that c ame up with her dau ght er and he \\as o kind and genrl e . She th o ught it "a, Detecu ,e
Harri s o r Harri son. Ms . Grazuh , sai d he \\Ould ge l rhe correc t name . Bur. she said . he came 10 their
ho use and wa s j ust so kind a nd ge nr k '"th her reg .irdin g gemng rhe info rmJu o n o ut. She sa id ,he \\J> ,o
impressed.
(v) Coun c il l\1 ember W, lo,~n Slated that she ca st her vo te wtth reluc tan ce 10 n1ght
regarding Trammell C row. No r bee.tu e ,he d1 d n'1 1hink rhat rhe y mer all of o ur requirement ; re ga rd in g
TOD. she s:ud . bur because . ar fir ,t g l.in ce . 1h.1t de,1g n wa s just very di sappo inting to her. She a,d s he
th o ught if s he had been in cl uded 1"0 munrh s ago '"'h dra" in gs !hat indi cared thi s is where we we re go ing
and she could have vo iced an o p1ni ,>n . e ,en ,f II had come o ur thi s "ay. she might have felt much beli e r
volin g fo r n . Ms . W o los~ n ,aid ,he ",shed tha t !here could be so mething in rh e pr oc ess that incl ude ,
C o unc il a hnle mo re intimately in dec1>1on, as. ul u matel y. Coun c il 1s o ur th ere in fr o nt.
Direcr o r Simpson said he d oe ,n·1 kn o w 1fthe re 1> an an,wer .1ha1 he apprec iate s the fac11hat II fee b ,er}
diffic ult as Council received II at th e la I minure . He staled that he does not me a n 10 be: plac ing Coun c il in
thi s pos n,o n and no red rhe pro cess d,d move very qui c kl y. When the y srarted I\\O mo nth , ago rhe y didn 't
reall y see des ign drawings. He said rhe y real!). actuall y. started seeing de;.ign drawin gs occur wnhin the
la st ix 10 se ven week s. The difficult part 1s. at that po int . they are changing ver y rapidl y and a 101 o f ume,
they are c hanging ho url y and that was d11fo:ult. Mr. Simp;.o n said he wa s no t sure th i> wo uld gi ve Council
comfo rt. but we recei ved des ign drawing, o n Mo nd ay o f la st week . made chan ges . saw som.: re , i,ed
dra\\ings as !are a s Friday. which he had al wa y, inrended 10 ha,e senr o ut 10 Coun c il fo r th e wee ke nd . but
again . bec au se o f the co ntinual re v1s 1o n to so me o f 1h1 s ... and 11 wa s conrinuin g ro impro ve ... he ,aid he sa"
the final et that C o un c il saw to nighr al abo ur noon today. Directo r Simp so n stated he a greed \\Ith Coun c il
Member W o lo sy n. rhat he felt it could be a much bcner de sig n. He no red he: ,s di sa ppo inred in ,ome "av,.
bur in other ways ir clearl y meets rhe intent and he wo uld say we are go in g 10 continue to "o rk o n it. O ne
of the things Trammell Crow ha s agreed to. is 1h a1 as we go al o ng if rhe y c an accommod ate a des ign
change:. that actually begins 10 improve rhe des ign. and it d o e sn ·1 imp ac l cos!>. rhat rhe y are mo re than
willing to do that. S0 thc:y are go ing 10 be looking al that and exp! ring that. He noted II is hard 10 go 1n10
this all this. because !here have been several 11eratio ns. But fo r example. he sa id. o ne o f rhe fru strati o n,
was that we had originally intended ro have a four story des ign o n rhe pia zz a . There is s till a s rro ng
interest. by both parties . 10 do that and the reaso n that didn'r occur at 1h1 s rime ,s thar we are intere srcd in
closing with them and gelling money back . infused into the project. He ad vised thar. fr o m a building code
standpoint. there were some building related issues that co uld not be dealt with in thi s umeframe . So
everybody chose to move forward and to meel rhe rimeframe for clos ing and if we can we will come bac k
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and address some design issues ar a larer 1,me . So. he said . the adJu,tmenrs ma y srill co minue 10 go on a
linle bir. so lo ng as the y approve .
Council Member Wo losy n srared she kn ows how hard the y all work . She sai d. fo r in stance. if she was
invo lved in rhe enrr y port and saw rhe pr ocess and 11 ma y nor be rhe decmon thar she would make in rhe
end . but she would feel reall y confident and be able 10 stand behind 11. '.vi s . Wo losyn nored that just ha vin g
Direc w r Simpson explain this is a big help 10 her . as she ha 10 go o ur and ralk 10 rhe co mmunir y and she
wi shed she had more inside informarion on reall y visi ble pr oJ ecr .
Ma yo r Burns commenred thar thar was a very good poinr He said he ha s been ralking 10 Bo b Simpso n fo r
several "eeks abour this and he kno ws that the first ubmm al wa, abso lurel y not acceptable . He no red he
sa" rhe firsr drawing las! week on Tuesda y. becau e he \\3 here "hen Mr. Simpson had JUSI recei ved
them . II "a, bener than he rh o ughl ii was go ing IO be. he said . Direcr o r Simpso n agreed rhar the fir 1
submmal s were reall y bad . Ma yo r Burns co mmenred rhar ,ou o uld see II impr ovin g as yo u went alo ng .
Coun ii Member Brad shaw sugge sred Council re ceive a call o r E-mail advising thar the dra,\lngs '"II be JI
C,ry Hall ber"een ce rtain lime s. Council Member Wo losy n agreed rhar "o uld be a good idea . Then. M,
Brad ha w said. II "o uld be up 10 rhe ind1 v1dual Co uncil member . She JSked ,f rhat would help . M,.
Wo losyn said ~es. becau,e reall y. as she thoughr abour 11. she realized rh ar a lo t of her reacu o n "a, rhe facr
th ar she "as looking srra,ghr o n ,m o an elevauon and fo rgenin g rhat no one e,er does 1ha1. Ju,r rhin g, lik e
1ha1 rhar you need 10 rhink abou r for awhile ,f yo u are nor ,n rhe bw,ine ss . Cou nc il '.•!ember Grazuh;
agreed
Direcro r Simpso n apologized 10 Council thar the process doe,n·r work mo re cleanly . He nored rher e 1> .,
real 11me fa I r o n 1h1 o ne rhar , co ntinuing 10 pu sh 11.
Council Member Brad haw co mmemed rhar . because 1h1 s is ur form of gov ernmenr. we do dele ga te a loi
10 sraff and tru sr that staff ca n do rhe j o b and she "ouldn ·r change o ur fo rm of governmenr. There 1> a 1ru;.1
fa cror. she aid .
Council Member \V o lo ~ n sa,d he d O<!S tru,r ,ra ff. bur >omeume, she \\Onder how man) 11me , she ha, 10
vo re and nor have rhc \\hole p,crure .
Dire cror Simpson ad\l>Cd rhar we ,1111 hav e a 101 o f work to do o n rhar and hopefull y we ,an continue 10
improve rhe appearan,·c o f rhar building and he th ough! Trammell C row was willing 10 "or~ o n 1h1> wnh
us. He sa id as changes occ ur he will be lerung Council know .
13. City Manager's Reporl
(a) Ci ry Manager Sears advised rhar we had a very good tw o da y sraff rerre ar. S1Jff ,pen! a
101 of 11me di scussing where we are as sraffand \\here we are going . He said he had hoped the y wo uld be
able 10 ge l rhrough \\har rhe y had laid o ur and rhen move slow ly o nr o some rhings . Bur in rhe cour ~e o f o ne
and a half days "e ca me up wirh fo rty-se ven ke. o bJecu ves fo r thi s next year. He said he "as kind of
shocked by rhar and rhe y narro wed rh ose dow n 10 abour ei ght. The y are rhing s like land acqu,sirion. ope n
spa ce. rhe 1mplemema1i o n and rhe rran siri o n ,mo rhe CuyCenter projecr and how rhar wo rk s wnh rhe po li ce
depanmem. pedesrrians and all o f rhar. They co nsidered rhe financial re sour ces of rhe Ciry to be cru ical.
Also. ho using issues. General Iron . rhe proposed recreariun fa ciliries rhar we are ralking abo ur fo r nexr year.
rhe se wer plan! expansio n. traftk issue s, and Broadway improvemenrs . These rhings. he said . were all ar
rhe ro p.
Ciry Manager Sears said rhe rrainer al rhe staff rerrear provided a list of ways to rhink about a problem.
whar are rhe srrengrhs . what are rhe opportuniries and rhrear s. He pa ssed o ur rhe list as he rh o ught Coun,il
mighr want 10 rake a loo k at ir for rheir rerrear o n May 6'' for when they begin discussing Council goals .
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Mr . Sears said that is kind of what the y used and 11 wa s a ,e~ inte nse da y and he th o ught it helped them to
focus in on some o f the ke y ,,sue s that the y will be bringi ng back to the Co un c il o n the 6th so the y can ha ve
the best sessi o n they c an ha ve . He stated 11 was a good se s ,o n and he cons iders himself luck y to work w11h
such a good staff.
(b ) Cit y Manager Sears ad vised that Laun C lapp doe not kn o w what to do with the pr inter,
she has. that she wo uld probabl y like to keep th ose . Director Gr) glew1 cz has prepared a memo that sa ys
the Council co uld request. that the y be returned for auctio n. but at thi s po int in 1,me . M r. Sears said. we just
figure the y are so o ld that there is no t much of a mo netary value anJ we IA Ou Id as k the Coun ii to make a
decision about that . He noted that M s. Clapp. o b vio usl y. doe, not want an ything to happen do wn the ro ad
that indicates she d idn·t work with the City in term s o f these 11cm .
Di sc u s,o n ens ued and it wa s determined that the printer ar e n t \\Onh a " ho le lo t J nd are o ut o f da te .
City Manager Se :i.r s said that if there was no o bj ecti o n fr o m Co un cil he \\Ould k t '.\h. Cla p p kno w she
co uld keep them . There "as no o bjectio n.
Co uncil Member Graz uli s sugge sted that perhaps Ms . Clapp \\OUld hke w make a do nau n to the C,t~ in
lieu o f that. Cit y Mana ger Sears aid we can me nti o n that to he r. M s. Gra zuhs no te d th at ,he make,
do nati o ns to Ms . Clapp a nd M,. Clapp co uld make do nati o ns tu the C u~ .
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Mayo r Burns poi nted o ut that Co un c il Agenda Item 12 l b ) (i) lis ts a reso lu11 o n auth o ri zin g th e C 11 ~
Manager 10 interpret the Engle"ood Munic ipal Code to all o w a co mmunit y-wide ·al e o n '.\l a) 1 1. 2000
He ad vised that we ha,-e been in fo rm e d by the Chamber o f Co mmerc e that the y no lo nge r de s ir e the
sidewalk sales and C u y Man ager Sears recommend s that we table thi s re so lu11 o n
Co un c il Member Nabho lz asked ,f the y have checked with the bu sine ss es. because she an i re see thre e o f
them callin g her ,f the y table thi s . Mayo r Burns sa id he c an fo re see so me a lso c a lling h,m .
Direc tor Simpson ad vised that he talked to Art S.:,belh thi mo rnin g and thi s reall y doesn't work . He aid
he doesn·t ha ve an alternate date .
Co un cil Member Yurc h,c k as ked 1f 11 is the date that 1s the pro blem o r the sidewalk sal e . Directo r Simp,un
ad vised it is the date .
Cit y Manager Sears expla ined that the co ncept actuall y come , ba c k wnh the pro posed o rdin ance. th 1> wa s
kind of a hurry up iss ue .
Mayor Burns as ked if Counc il needs 10 do anythin g w11h thi s .
Co uncil Member Graz uli s s tated that B b S,mp o n s ho uld s peak dire ctl y to at lea st o ne person that ,he
kn o ws will bring this up . or Art S.:1belh c an s peak with her d irec tl y. she said . Director S impson ad vised
that either he o r Mr. Scibelli wo uld do tha t.
City Manager Sears noted the issue ,s reall) the date . becau se the o rdinance will come bac k 10 Coun c il. ,o
he suggested Council just ign o re the proposed re so lutio n .
(c ) City Manager Sears noted that the Cit y o f Lakewood o pened up their new City
Hall and staff thought they would put together a letter to Lakewood congratulating them o n their new C11 y
Hall .
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Mayor Burns suggested asking them how it went . Council Member Bradshaw said to 3sk them about the
move .
Mayor Bums no ted he spoke with the Mayor. Steve Burkho lder. and he said there were a few g litches here
and there . some o f the computers aren ·1 working quite right and the y had an elevato r pro bl e m .
Mayor Burns said he drove by the develo pment the o ther day coming back fro m the Mayor's Cauc us and
he still can't quite fi gure the la yout. He no t.ed he is no t sure which building is the Ci ty Hall and you sttll
can't dri ve all the way through it because it is still under construction. but they moved in there somepl ace .
They had their problem. he said. but nothing major.
Council Member Bradsha w commented that o ur c itizens will ha ve full access to the new City Hall.
Council Member Garrett said yes. during the constructi o n. He ex plained that c it ize ns will ha ve full access
beginning in June a nd fo r the next twent y mo nth s of constructi o n .
City Manager Sears advised that during Coun ci l's retreat. o n the afte rn oon o f '.\fa y 6th. he was ho ping to
schedule a walk th roug h o f the new City Hall so they could take a look a t the s treet . He no ted the curb and
gutter is coming together. th e project is reall y start ing to firm up .
Co unc il Member Brads ha w stated she is mo re concerned with c itizen, getting int o the Lib rary. Ci ty
Manager Sears stated he has been assur ed that will be pos1tn·c .
14 . City Attorney's Report
(a) City Atto rney Brotzman thanked Ci ty Manager Sear, o n behalf o f the Ci ty A n o rney's
Offo:e and the Court. He no ted they are kind o f separate . but It 1s ni,·e to be incl ud ed m the Director·,
retreat. that when you go up it is reall y an inclusive. kind o f cooperative . atmos phere whi c h is nice to ha ve
in the Ci ty .
(b) City Attorney B rotzman ad vised that Nancy Reid would be ta nd ing m fo r htm at the
Study Sess ion o n M o nday ni g ht as he is goi ng to be at an Internat io nal Munic ,pal U\\)er's A,soc1at1 o n
Meeting. He sai d they will be covering a number o f 1s ue th at we are dealing wi th. suc h as th e
teleco mmuni cati o n iss ues that we are talk ing abou1. There are abo a num ber of zo nin g 1s,ue , tha t th e rn,e,
have either dealt with o r arc dealing with . One o f th ose being. what can yo u d o with pn s ner . ho w ca n
yo u zone them. do you have to let them in your c it y ... th a t ,s o ne o f th e to pic s o n that agenda . So. he no ted .
at le ast we kn o w we are no t al o ne . that o ther muni c 1paht1es are dealing wi th the ve ry ame 1s,ues .
Ma yor Burns sai d how abo ut last week's Unit ed States Supreme Court dec1;1 o n o n strippers? He a ked 1f
that is going 10 be a problem here in Eng lewood . He no ted 11 was a la ndmark decision .
15. Adjournment
MAYOR BURNS MOVED TO ADJOURN . The meeting adj o urned 3t 9 : 15 p .m.
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Deputy City c,.;'.
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
NON-SCHEDULED VISITORS
April 17, 2000
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NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE
MINUTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS
PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC
OF COMMENT.
PLEASE PRINT
NAME ADDRESS TOPIC
CCS1GN1
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Members of the Enpwood City Council, 4-1-2000
Due to a career chap my travel ICbeclule makes it impossible for me to fulfill my
obliplions u a Planning and Zonins commillioner . It ii with nu:h regret that I must ask
you to accept my resignetioo from the Englewood Planning and Zoning Commission
effective imrnecfudely .
I would like to extend my apprecialion for this opportunity to serve my community.
Thanks~~
Billy Doiiglas Jr.
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PROCLAMATION
WHEREAS. in 1872 J. Sterling Morton proposed to the Nebraska Board of Agnculture
that a special day be set aside for the planting of trees; and
WHEREAS, Arbor Day is now observed throughout the United States and the world : and
WHEREAS . trees can reduce the erosion of our precious topsoil by wind and water, cut
heating and cooling costs. moderate the temperature. clean the air, produce oxyge n a nd
provide habitat for wildlife ; and
WHEREAS. trees are a renewable resource giving us paper. wood for our homes . fuel fo r
our fires and countless other wood products : and
WHEREAS , trees in the City of Englewood increase property values , e nha nce t he
economic vitality of business areas. and beautify our co mmunity; and
WHEREAS , trees are a so urce of joy and s piritual renewal: and
WHEREAS . the City of Englewood, Colorado has been recognized as a Tree City US A by
The National Arbor Day Foundation and desires to continue its tree-planting ways ; and
WHEREAS , the State of Colorado celebrates Arbor Day on the trurd Friday in . .\pril:
NOW THEREFORE . I, Thomas Burns, '.\fayor of the City of Englewoo d , Colorado , hereby
proclaim April 21. 2000 as:
ARBOR DAY
in the City of Englewood. Colorado, and I urge all Englewood citizens to support efforts to
care for our trees and woodlands and to support our ci ty 's commuruty forestry program .
Further, I urge all Englewood citizens to plant trees to gladden the hearts and promote
the well-being of present and future generations .
GIVEN under my hand and seal this 17th day of April , 2000 .
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Pnn1eo :n .:::ec ycfed P~er.'~~·
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ORDINANCE NO._
SERIES OF 2000
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BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO. 35
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
AN ORDINANCE APPROVING "AMENDMENT NO . ONE TO CITY OF
ENGLEWOOD FIREFIGHTERS PENSION PLAN (AS AMENDED AND RESTATED
EFFECTIVE JANUARY 1, 1999)".
WHEREAS, the City Council of the City of Englewood , Colorado passed Ordinance
No . 46 . Series of 1999, adopting an amended City of Englewood Firefighters Pens ion
Plan document: and
WHEREAS , the adoption of this Ordinance does not substantially change the
current level of pension benefits for the Firefighters Pension Plan participants: and
WHEREAS , the Ordinance provides the Internal Revenue Service's (IRS) required
changes to the Plan as stated in the IRS Letter of Determination;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
Sectjpp 1. The City Council of the City of Englewood, Colorado hereby authorizes
the adoption of "Amendment No. One to City of Englewood Firefighters Pension
Plan (as Amended and Restated Effective January 1. 1999)", attached hereto as
"Exhibit A".
Sectjpp 2. The Mayor and the City Clerk are hereby authorized to sign and attest
said '·Amendment No . One to City of Englewood Firefighters Pension Plan (as
Amended and Restated Effective January 1. 1999)". for and in behalf of the City of
Englewood.
Introduced , read in full , and passed on first reading on the 17th day of April. 2000 .
Published as a Bill for an Ordinance on the 21st day of April , 2000 .
Thomas J. Burns, Mayor
ATTEST:
Brenda J . Castle, Deputy City Clerk
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COUNCIL COMMUNICATION
Date Agenda hem Subject
April 17, 2000 Bill for an Ordinance adopting
10 a i amendments to the City of
Englewood Firefighters Pension
Plan Document (the Plan)
Initiated By Staff Source
City of Englewood, Administrative Services Frank Gryglewicz , Director
Deoartment
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City Council passed Ordinance 46 , Series of 1999, adopting an amended City of Englewood
Firefighters Pension Plan document.
RECOMMENDED ACTION
Staff recommends the City Council approve the attached bill for an ordinance .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
This ordinance does not substantially change the current level of pension benefits for the Firefighters
Pension Plan participants . The ordinance provides the Internal Revenue Service's (IRS ) required
changes to the Plan as stated in the IRS Letter of Determination .
The Plan document is amended to comply with federal requirements .
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Proposed bill for an ordinance
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I , Brenda J. Castle, Deputy City Clerk of the City of Englewood, Colorado , hereby
certify that the above and foregoing is a true copy of a Bill for an Ordinance.
introduced, read in full , and passed on first reading on the 17th day of April, 2000 .
Brenda J . Castle
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A..'1ENDMENT NO. ONE TO
CITY OF ENGLEWOOD FIREFIGHTERS PENSION PLAN
(AS AMENDED AND RESTATED EFFECTIVE JA.'IU.ARY I, 1999)
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Pursuant to the authority of the City of Englewood and the provisions of Article XIII.
Section I of the City of Englewood Firefighters Pension Plan (As Amended and Restated
Effective January 1, 1999) (the "Plan"), Article I, Section 2 .j . of the Plan is hereby amended.
effective January I, 1997, to read as follows :
"j. Emplovee : Any person whose Covered Employment with the Employer
commenced prior to April 8, 19 78, and who. on and after the Effective Date. is receiving
remuneration for Covered Employment or would be receiving such remuneration except
for a duly authorized absence. Included are ·t eased employee s .' The term ·]eased
employee ' means any person ( other than an employee of the recipient) who pursuant to
an agreement between the recipient and any other person (' leasing organizatio n ') has
performed services for the recipient (or for the recipient and related persons determined
in accordance with Code Section -4 l-4(n)(6)) on a substantiall y full-time basis fo r a period
of at least one year. and such services are performed under primary direct io n or control
by the recipient . Contributions or benefits provided a leased empl oyee b y the leasing
organization which are attributable to services performed for the recipient employer sh:ill
be treated as provided by the recipient emplo yer.
A leased employee shall not be considered an employee of the rec ipient if:
(I) such employee is covered b y a money purchase pension plan providing: (a) a
nonintegrated employer contribution rate of at least ten ( I 0) percent of compensation. as
defined in Code Section 415(c)(3), but including amounts contributed pursuant to a salary
reduction agreement which are excludable from the employee 's gross income under Code
Section 125, Code Section 402(e)(3 ), Code Section -402 (h)(l)(B) or Code Sec tio n -4 03(b ).
(b) immediate participation. and (c ) full and immediate vesting ; and (2) leased employees
do not constitute more than 20 percent of the recipient 's nonhighl y compensated
workforce."
IN WITNESS \.VHEREOF , and as conclusive evidence of the adoption of the foregoing
instrument comprising Amendment '.\io . One to City of Englewood Firefighters Pen sio n Plan (As
Amended and Restated Effective January I. 1999 ), the Employer has caused its seal to be affixed
hereto and these presents to be dul y executed in its name and behalf b y its proper officers
thereunto authorized this da y of ______ , 2000 .
ATTEST: CITY OF E:-;GLEWOOD , COLORADO
By _____________ _
Loucrishia A . Ellis, City Clerk Thomas J . Bums, Mayor
02-91 362 02
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ORDINANCE NO.
SERIES OF 2000
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BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO. 34
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
AN ORDINANCE ADOPTING THE RECODIFICATION OF THE ··ENGLEWOOD
MUNICIPAL CODE 2000" INCORPORATING THEREIN THE GENERAL
ORDINANCES OF THE CITY OF ENGLEWOOD , COLORA DO I NC LUDING CO DES
ADOPTED BY REFERENCE; PROVIDING FOR PENALTIES FOR VIOLATION OF
THE PROVISIONS OF SAID CODE AND SETTING FORTH THE PENALTIES
PROVIDED FOR IN SAID CODE: AND PROVlDING FOR THE EFFECTIVE DATE
OF SAID CODE.
NOW , THEREFORE . BE IT ORDAINED BY THE CITY CO "NCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS :
Section 1. The City Council of the City of Englewood , Colo rado hereby a uthorizes
the adoption and recodification of the "Englewood Municipal Code 2000" incorporating
therein the general ordinances of the City of Englewood, Colorado including Co des
adopted by reference; providing for penalties for violation of the provisions of said Code
and setting forth the penalties provided for in said Code; and providing for the effe ctive
date of said Code .
Section 2. The word "Code " may be used as an abbreviation for the "Englewood
Municipal Code 2000 ."
Section 3. Notlung co ntamed in this Ordinance shall be construed as a Limitation
on the power of the City Co uncil to change obVJou s typographical or composition errors
in the Code without change of legal effect.
Section 4. From time to time after the effectiYe date of this Ordinance , the City
Clerk is hereby authorized to codify ordinances a mending the said "Englewood
Municipal Code 2000" and to have the sa me printed as s upplements or s ubstitute
pages therefore.
Sectjon 5. This Ordinance s hall be co me effectiv e on the 10th day of July . 2000 at
12 :01 a.m .
Section 6. Origmally Distribution of Handbills wa s under Title 15 , Chapter 4.
Ord. 39-98 put Handbills into i-GF-13 . Later. Ord . 43-99 also assigned 7-GF-13 to
Parental Responsibility for Graffiti Offenses. Distribution of Handbills s hall be
renumbered 7-GF-14 .
Section 7. Ord. 11-97 did not assign a paragraph a title , chapter and section
number to the paragraph entitled "More Stringent City Standards Prevail"'. It s hall
now be numbered Title 5, Chapter 5 , Section 5.
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Sectjon 8. Because of numbering problems created by Ord . 46-97 and 57-96 .
5-12-5 , 5-12-6 and 5-12-7, shall be placed at the end of Title 5, entitled "Sales and
Service" and renumbered E.M.C . 5-29-1 , 5-29-2 and 5-29-3.
Sectjon 9. E .M.C. Section 6-6-2 was repealed by Ord . 15-98 , and the definition of
recyclable materials shall be moved to 15-1-2.
Sectjon 10. Ord . 43-99 added Section 7-6E-9 on Possessing of Graffiti Materials by
Minors, but Ord. 11-97 already had assigned 7-6E-9 to Prohibited Massage on Minors .
Since there was a related section on Graffiti next in sequence , Prohibited Massage on
Minors shall be renumbered 7-6E-12.
Sectjon 11. Ord. 30-97 added Section 7-6E-6 on Body Piercing, but there already
was a 7-6E-6 on Curfew, thus Body Piercing shall be renumbered to 7-6E -l I.
Sectjon 12 . Ord. 24-97 did not repeal Title 7. Chapter 3 Purchaser of Valuable
Articles. Title 7, Chapter 3, Purchaser of Valuable Articles is hereby repealed.
Purchaser of Valuable Articles shall be renumbered as E .M.C . Title 5, Chapter 23.
Sectjon 13. Ord. 23-97 adds a paragraph C , and Ord. 24-97 adds paragraph E ,
but D was omitted. Paragraph D shall be reserved.
Sectjon 14 . E.M.C. 16-4-5-(N)(l)(e)(2) "If entrance faces rear: 3 feet ," was a typo .
Change to be consistent with similar requirements in other zone districts . Should
read : ''If entrance faces rear: -3 g feet."
Sectjon 15. E .M.C. 16-4-12-(C)(7)(a)(2) lists an R-1 zone district. Since there is
not an R-1 zone district that term shall be deleted.
Sectjon 16 . E.M.C . 12-2-1 (D) (15 ): National Categorical Pretreatment Standard
lists only a part of the definition for National Pretreatment Standard, which is a
broader definition . That definition shall now read as follows :
E .M.C. 12-2-1 (D) AbbreV1at1ons (15 ) ~ N:fS National Cstegeriesl
Pretreatment Standards.
E .M.C. 12-2-5 (C) (2) ~ NfS (appears three times in this paragraph.)
Sectjon 17 . In the 1988 UBC a garage, for a single family dwelling , was
designated as a Type M occupancy . When the 1994 UBC was adopted . the
occupancy designations were reassigned to match the occupancy designations in the
other model codes (BOCA and SCCBI ). The Type M was changed to a Type U and
this change should have been reflected m the EMC at the time the 1994 UBC was
adopted. This shall be corrected .
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Sectjon I 8. 16-5-30 · Satelljte Djsh Ordjnance : contains typos a nd s hall now
read as follows: 16-5-30(B) Applicability of Ordinance Standards
1. a. Re sidential Districts: R-1 -A.
R-1-B . R-1-C , R-2 , R-2 -C.
R-2-C /S.P .S ., R-3 AND R--1
b. Commercial di stricts: B-1 and B-2
c. Industrial Districts: 1-1 and 1-2
Sect10n 19 . E .M.C. 16-8 -1 Sign , Priva t e Sale or Event. Thi s definition was
added as part of the general revis10n of the Com prehen sive Zoning Ordinance m
1985 (Ord. 26-85). The addition of "Sale or Eve nt" co rrects a typo.
Sectjon 20. fe.nalty . The Penalty Provisio n of E .M .C. Section 1-4-1 h aU a pply to
each a nd every v10lat1on ofthis Ordina nce .
Sectjon 21. The "Englewood Municipal Code 2000"', or a ny chapter or section
thereof. ma y be proved by a copy thereof. ce rtified by the City Cle rk of the City of
Englewood . Colorado under the Seal of the City ; or when prmted m book or pamphlet
form and purporting to be printed by authority of the City . the same s haU be receiv ed
in evide nce in aU co urts without further proof of the exi stence a nd regul a rity of the
e nactments of any particular ordinance and of said Co de .
Sectjon 22. Pursuant to and in compliance with 3 1-1 6-203 Colo r ad o Rev1 ed
Statutes, the City Clerk of the City of Englewood is her eby a uthorized a nd direct e d to
publish notice of a public hearing on the adoption a nd enactment of the "Engl ewood
Municipal Code 2000" to the extent and purs uant to the schedule fo r u ch pub!J cat10 n
prescribed m 31-16-203 Colorado Revi sed Statutes. said public hearing to be held m
the Council Chambers, City HaU , 3400 South Elati Street, Englewood . Arapahoe
Co unty , Co lorado, at 7 :30 p .m. on May 15 , 2000.
Sectjon 23 . At frequent intervals after the approval of this Ordinance, all
ordinances of a general and permanent nature passed and a pproved during the
prece ding period shall be revised , arranged and prepared for duplication m th e fo rm of
looseleaf s upplements , reprinting the page or pages of the Code affected . rem ovmg the
amended or obsolete provisions and inserting the new provi sion s.
Sectjon 24. And all additions or a mendme nts to the Co de , when passed in s uch
form as to indicate the intention of the City Co uncil to m a ke the same a part thereof.
s hall be deemed to be incorporated in the Co d e so that reference to the "Englewood
Municipal Code 2000" shall be unde rstood a nd intended to include s uch addition s a nd
amendments .
Sectjon 25 . In case of the amendment of a ny section of the Code for which a
penalty is not provided, the general penalty as provided in Section 1-4 -1 of s u ch Co de
shall apply to the section as amended: or m case s uch a mendme nt co ntains provis10 n s
for which a penalty, other than the aforementioned general penalty, is proVIded in
another section in the same chapter, the penalty so provided m s uch other section
shall be held to relate to the section so amended. unless s uch pe n a lty is s pecificall y
repealed therein .
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Sectjon 26 . A copy of such Code shall be kept on file in the Office of the City Clerk,
preserved in looseleaf form , or in such other form as the City Clerk. may consider most
expedient. It shall be the express duty of the City Clerk or someone authorized by the
City Clerk, to insert in their designated places all amendments or ordinances which
indicate the intention of the City Council to make the same a part of such Code when
the same have been printed or reprinted in page form , and to extract from such Code
all provisions which may be from time to time repealed by the City Council . This copy
of such Code shall be available for all persons desiring to examine the same and shall
be considered the official "Englewood Municipal Code 2000 ."
Sectjon 27 . It shall be unlawful for any person, firm or corporation to change or
amend by additions or deletions, any part or portion of such Code , or to insert or delete
pages or portions thereof, or to alter or tamper with such Code in any manner
whatsoever which will cause the ordinances of the City of Englewood, Colorado to be
misrepresented thereby. Any person, firm or corporation violating this section shall be
punished as provided in Section 1·4-1 of the "Englewood Municipal Code 2000 ."
Introduced, read in full, and passed on first reading on the 17th day of April, 2000.
Published as a Bill for an Ordinance on the 21st day of April, 2000.
Thomas J . Burns, Mayor
ATTEST:
Brenda J . Castle. Deputy City Clerk
I, Brenda J . Castle. Deputy City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy of a Bill for an Ordinance,
introduced , read in full. and passed on first reading on the 17th day of April, 2000 .
Brenda J . Castle
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COUNCIL COMMUNICATION
Date Agenda Item Subject
April 17, 2000 10 a ii Adoption on Englewood
Municipal Code 2000
INITIATED BY
Administrative Services , City Clerk 's Office
STAFF SOURCE
Frank Gryglewicz , Director of Administrative
Services
Loucrishia A. Ellis , City Clerk
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City's ordinances were initially codified in 1962 and recodified in 1969 and 1985 .
On July 20, 1998 Council approved the contract with Mun icipal Code Corporation for
codification services.
RECOMMENDED ACTION
The City Clerk's Office recommends City Council approve this bill for an ordinance adopting
the recodification of the "Englewood Municipal Code 2000", including codes adopted by
reference , and set a public hearing for May 15 , 2000 to consider the adoption of this
ordinance. The public hearing is a requirement of CRS 31-16-203 .
BACKGROUND, ANALYSIS AND ALTERNATIVES IDENTIFIED
The Englewood Municipal Code 1985 was in need of republication and users have stressed
the need to have the Code available on-line and on the Internet.
FINANCIAL IMPACT
Funds are budgeted and available .
LIST OF ATTACHMENTS
Memo detailing substantive Code changes
Proposed bill for an ordinance
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Memorandum
To: Nancy Reid, Assistant City Attorney
From: Brenda Castle, Deputy City Clerk
Date: February 8 , 2000
Subject: Adopting Ordinance for Englewood Municipal Code 1999
The following changes were made to the Code and should be mentioned in the adopting ordinance :
Action Correct & Current Cite Explanation
Renumber as 7-6F-14 Distribution of Originally Distributi on of Handbills was
Handbills Title 15 , Chapte r 4 . Ord . 39-98 put
Handbills into 7 -6F-13 . Later, Ord .
43-99 also ass igned 7-6F-13 to
Parental Respons ibili ty for Graffiti
Offenses . We left Graffiti Offenses
there , and told MCC to renumber
Distribution of Handbills as 7 -6F· 14. )
Renumber as 5.5.5 More Stringent City Orig inally 5·5·17 . Ord . 11-97 d id not
Standards Prevail assign th is paragraph a title , chapter
and section number (see page 5 of
the Ord .) so we told them to put it in
as 5-5·5 .
Renumber as 5-29·1 Garage Sales Orig inally 5 -1 2-5
5·29·2 Secondhand Stores Orig inally 5-12·6
5-29·3 Sale and Display of Ori ginally 5 ·12 ·7
Weapons
Because of numbering problems
created by Ord . 46-97 and 57-96 , we
to ld them to put all three of these at
the end of Title 5 and entitle it "Sales
and Serv ice " • Renumber as 15· 1 ·2 "Recyclable Material" Orig inally 6·6· 1. Section 6 -6 -2 was
added to Definitions repealed by Ord . 15-98, so it was
appropriate to move this def inition
to15-1·2 .
• Renumber as 7-6E·12 Prohibited Massage on Ord . 43-99 added Section 7-6E ·9 on
Minors Possess ing of Graffiti Materials by I· 0
Minors , but Ord . 11-97 already had
assigned 7 -6E-9 to Prohibited
Massage on Minors . Since there was
a related section on Graffiti next in
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sequence , we had MCC renumber
Prohibited Massage on Minors to 7-
6E -1 2 .
Renumber as 7-6E-11 Body Piercing Ord. 30-97 added Se ct ion 7-6E-6 on
Body Piercing , but the re already was
a 7-6E-6 on Curfew, so we told them
to renumber Body Piercing as 7-6E-
11.
Repeal Title 7, Chapter 3 Purchaser of Ord. 24-97 forgot to repeal Title 7,
Valuable Articles Chapter 3 Purchaser of Valuable
Articles. We told MCC to go ahead
and repeal it , since Purchaser of
Valuable Articles is now Title 5 ,
Chapter 23 , per Ord . 24-97 . MCC
shows 7-3 in the new book as
reserve d.
Reserve 7-6E-4-D Ord . 23-97 adds a paragraph C , and
Ord . 24-97 adds paragraph E, but D
was omitted . We told them to re serve
it .
Change 16-4-5-(N)(1 )(e)(2) This was a typo . Change to be
If entrance faces rear. ~ 6 feet consistent with similar requ i rements in
other zone districts .
Change 16-4-12-(C)(7)(a)(2) This was a typo. There is no R-1
Five hundred feet (500 ') from zone district.
the boundary line of any
residential district defined in the
Comprehensive Zoning
Ordinance, as amended ,
including but not limited to R-1-
A, R-1-8, R-1-C, R4 R-2, R-2-
C, R-3 or R-4 or similar
residential zone district in an
area adjoining the City of
Englewood , or any religious
institution, public park, public
library , community center, or
educational institution, whether
within or without the City of
Enalewood .
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Change 12-2-1 (D) Abbreviations (15) National Categorical Pretreatment
~NPS Standard is only a Qfil! of the
National Gate!jaFisal definition for National Pretreatment
Pretreatment Standards. Standard, which is a broader
definition.
12-2-5-(C)(2)
~ NPS (appears three I· 0
times in this paraaraph .)
Change 5-7-2 (A) In the 1988 USC a garage, for a
Any homeowner desiring to single family dwelling, was designated
build, construct, after, repair, as a Type M occupancy . When the
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add to or demolish a Group R-3 1994 UBC was ad opted , th e
or Group M U occupancy or occupancy designations were
any accessory building thereto , reassigned to mat ch the occupancy
which he owns, and who is designations in the other model codes
doing such work himself. (BOCA and SCCB I). The Type M was
changed to a Type U and th is change
5-7-8 (C) should have been reflected in the
Class C. Jobber Contractor. EMC at th e time the 1994 UBC was
This license shall entitle the adopted.
holder to contract for the
erection, construction,
alteration or repairing of any
building classified as a group
R-3 or Group MU occupancy
and for the nonstructural
interior finish or remodel of any
tvoe of buildino .
Change 16-5-30(C)(2)(c) These are typos . See the following :
ii-a B-1, 8-2
16-5-30: Satellite Dish Ordinance :
16-5-30(C)(2)(d) 16-5-30(8) Applicability of Ordinance
~ 1-1, 1-2 Standards
1. a. Residential Districts : R-1-A,
A-1-8, A-1-C , R-2, A-2-C ,
R-2-C/S .P.S., A-3 AND R-4
b. Commercial districts: 8-1 and
8-2
C. Industrial Districts: 1-1 and 1-2
Change 16-8-1 Page CD16:207 )
Sign, Private SALE OR EVENT This definition was added as part of
the general revision of the
Comprehensive Zoning Ordinance in
1985 (Ord. 26-85). The addition of
"Sale or Event" corrects a tvoo .
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BY A THORITY
ORDINANCE NO ._
SERIES OF 2000
CO "NCIL BILL NO . 29
l'.'<TROD UCE D BY COUNCIL
ME!\1BER GARRETT
AN ORDINANCE AMENDING TITLE 3. CHAPTER -1 . SECTION 16 , SUBSECTION
3-A-5, OF THE ENGLEWOOD MUNI CIPAL CODE 1985 . PERTAINING TO THE
CITY OF ENGLEWOOD NONEMERGENCY RETIRE'.\>IENT PLAN DOCUMENT
(THE PLAN).
WHEREAS , the City Co uncil of t he City of Englewood . Co lorado passe d Ordinance
No. 40. Series of 1999 a mending E.M.C. Title 3. Cha pter 6. pertaining to the City of
Englewood NonEmergency retirement Plan: a nd
WHEREAS . the passage of t his Ordinance will provide the ch a nge required by t he
Internal Rev enue Service :
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS :
Sectjon l. The City Council of the City of Englewood . Colorado he r eby a mend
Title 3, Chapter 4, Section 16 , Subsection 3-A-5 , of the Englewood Muru c1p al od e
1985, to read as follows :
3-4-16-3: LIMITATION OF BENEFITS :
Effective January l , 1987 , notwithstanding any other pro,.,;sio n co ntained he rem to
the contrary, the benefits payable to a Member from tlus Plan proV1ded by City
contributions shall be subject to the limitations of Internal Revenue Code Section
415 in accordance with s ubsections A and B below :
A. Defined Benefit Plan Only . Any annual Pension pa yable to a Membe r
hereunder shall not exceed the lesser of:
5. Effective for years beginning on or a fter J a nu ar v 1, 1995, in the eve nt
that a Member has been credited with le ss than ten (10) year s of servi ce .
the pereentage ef a, erage earnt11gs ltmitatie11 etheP" ise applieaele 1t111ier
S1teseetie11 A (a) aee,e anli the dollar a mount otherwise applicable under
Subsection A(3) above s hall be r educed by multiplying efteft s uch amount
by a fraction , the numerator of which is the number of s uch Member's
years of se rvice (o r part thereof), but never less than one (1), and the
denominator of which is ten (10).
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Sectjon 2 Safety Clauses The City Council hereby finds , determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Englewood, that it is promulgated for the health , safety . and welfare of the
public, and that this Ordinance is necessary for the preservation of health and safety
and for the protection of public convenience and welfare. The City Council further
determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Sectjon 3 Seyerabjlity If any clause, sentence. paragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for any
reason be adjudged by a court of competent jurisdiction invalid. such judgment shall
not affect, impair or invalidate the remainder of this Ordinance or it application to
other persons or circumstances.
Sectjon 4 Inconsjstent Ordinances All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby
repealed to the extent of such inconsistency or conflict.
Sectjon 5 Effect of repeal or modjficatjon The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release ,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or
liability, either civil or criminal, which shall have been incurred under such provision.
and each provision shall be treated and held as still remaining in force for the
purposes of sustaining any and all proper actions. suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for
the purpose of sustaining any judgment, decree . or order which can or may be
rendered, entered, or made in such actions, suits. proceedings, or prosecutions.
Sectjon 6 .fe.wutv. The Penalty Provision of E .M.C. Section 1-4·1 shall apply to
each and every violation of this Ordinance .
Introduced , read in full , and passed on first reading on the 3,d day of April , 2000.
Published as a Bill for an Ordinance on the 7th day of April. 2000.
Read by title and passed on final reading on the 17th day of April, 2000 .
Published by title as Ordinance No. ~ Series of 2000 , on the 21st day of April,
2000 .
Thomas J. Burns, Mayor
ATTEST :
Brenda J . Castle, Deputy City Clerk
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I, Brenda J. Castle, Deputy City Clerk of the City of Englewood , Colorado, hereby
certify that the above and foregoing is a true copy of the Ordinance passed on final
reading and published by title as Ordinance No . _, Series of 2000 .
Brenda J . Castle
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BY AUTHORITY
ORDINANCE NO._
SERIES OF 2000
COUNCIL BILL NO . 31
INTRODUCED BY CO UNCIL
MEMBER GARRETT
AN ORDINA.lllCE APPROVING "AMENDMENT NO . ONE TO CITY OF
ENGLEWOOD POLICE OFFICERS PENSION PLAN (AS AMENDED AND
RESTATED EFFECTIVE JANUARY 1, 1999)".
WHEREAS , the City Council of the City of Englewood , Colorado passed Ordinance
No. 47 , Series of 1999, adopting an amended City of Englewood Police Officers Pension
Plan document; and
WHEREAS, the adoption of this Ordinance does not substantially change the
current level of pension benefits for the Police Officers Pension Plan participants; and
WHEREAS , the Ordinance provides the Internal Revenue Service·s (IRS) required
changes to the Plan as stated in the IRS Letter of Determination;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY CO U NCIL OF THE CITY OF
ENGLEWOOD , COLORADO. AS FOLLOWS :
Section J. The City Council of the City of Englewood , Colorado hereby authorizes
the adoption of "Amendment No. One to City of Englewood Police Officers Pension
Plan (as Amended and Restated Effective January 1, 1999)", attached hereto a s
"Exhibit A".
Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest
said "Amendment No . One to City of Englewood Police Officers Pension Plan (as
Amended and Restated Effective January 1, 1999)", for and in behalf of the City of
Englewood .
Introduced , read in full , and pasaed on first reading on the 3rd day of April , 2000.
Published as a Bill for an Ordinance on the 7th day of April, 2000 .
Read by title and passed on final reading on the 17th day of April, 2000.
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Published by title as Ordinance No ._, Series of 2000 , on the 21 st day of April , 2000.
ATTEST: Thomas J . Burns. Mayor
Brenda J . Castle, Deputy City Clerk
I , Brenda J . Castle, Deputy City Clerk of the City of Englewood , Colorado, here by
certify that the above and foregoing is a true copy of the Ordinance passed on final
reading and published by title as Ordinance No . ~ Series of 2000.
Brenda J . Castle
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A.\IIENDMENT NO. ONE TO
CITY OF E::'IIGLEWOOD POLICE OFFICERS PENSION PLA.'1
(AS A.\IENDED AND RESTATED EFFECTIVE JA,'lt;ARY I, 1999)
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Pursuant to the authority of the City of Englewood and the provisions o f ,\rtic le Xlll.
Section I of the City of Englewood Police Officers Pension Plan (As Amended and Restated
Effective January 1, 19 99) (the "Plan""), the Plan is hereb y amended. effecti\·e January 1. 1999.
except as otherwise noted. as follows:
I. Artic le I. Section 2.j . is amended, effecti ve January I. 199-. to read as follo w s:
··j. Emo !ovee : Any person whose Co\·ered Emp lo yment w ith the E mployer
commenced pri o r to April 8. 19 78 , and who , on and after the E ffecti v e Date. is recei ving
remuneration for Covered Employment or would be recei\·ing suc h remunerat ion except
for a dul y authorized absence. lncluded are ·Jeased employees ." The te rm ·Jeased
employee · means any person ( other than an emp loyee of the rec ip ient) w ho pursuant to
an agreement be tween the rec ipient and an y ot her perso n ("leasing o rg anization") has
perform ed sef\·i ces for the rec ipient ( o r for th e recipient and re lated perso ns determ ined
in accordanc e w ith Code Sect io n 4 14 (nJ\6)) o n a subst a nt ially fu ll -ti m e basis fo r a period
of at least o ne ye ar, and su c h sef\·ice s are perfo rm ed under primary d irectio n o r con trol
b y the re c ip ient. C o ntrib ut ions o r benefits pro \·ided a leased e mp loyee by the leas ing
organization whic h are attributab le to services performed fo r the re ci p ient e mp loye r shall
be treated as pro\·i ded b y the rec ip ient employer.
A leased employee sha ll not be considered an employee o f the re ci pi e nt ii:
(1) such emplo yee is co\·ered b y a mone y purchase pension plan providin g: (a ) a
nonintegrated em p loyer c o ntri b ut"o n rate o f at leas t ten (I 0) perc ent of compensatio n. as
defined in Code Section 4 l 5(c )(3 . but including am o unts co ntributed purs uan t to a sa lary
reduct io n agreeme nt wh ic h are excl ud able fr o m the employe e's g ross inc om e under Code
Section 125. C ode Section 4 0 2 (e ){3 ). Code Section 40 2(h)( I )(BJ o r Code Sectio n 403(b).
(b ) immediate panicipat ion . and (c ) full and immediate vest ing; and 12 ) leased emp loyees
do not constitute more than 20 percent of the rec ipient"s nonhigh ly compensated
workforce ."'
2 . Amend ,\.nicle , Section 9 .m . by re v ising th e par:igraphs fo llowing (6) to re :id as
follows :
"Regardless of the form ofpa~ment the Ret iree chooses , the min imum
distribution amount will be determined and made in :iccord ance with Code Sec tion
401(a)(9) and the regulations thereunder, including minimum distribution inc idental
death benefit requirement of Proposed Regulation Sec tio n 1.401 (a )(9 )-2 . The m inimum
distribution is recalculated annually on the basis of the life expectancy of the Re tiree and
the Retiree 's designated beneficiary , if applicable . If elected in writing before th e
required beginning date under Code Section 40l (a)(9 ) by the Retiree , an d.t or the Retiree 's
spouse, if applicable, the life expectancy of the Retiree and/or the Retiree · s spouse shall
be recalculated annually .
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The Code Section 40l(a (9) death distribution provisions as specified in Article
VII , Section 5 shall apply .
If the Retiree makes no se)ection as to form of payment within 30 days of
termination of employment or expiration of the five-year limit for participation in the
DROP, a lump sum payment shall be made.
All distributions need to follow the distribution guidelines from the Fire and
Police Pension Association ."
3 . Article VII. Section 3, is amended. effective January I , 1989 , to read as fo llo ws :
"Section 3 . Death Benefit after Eli2 ibili tv for a Deferred Vested Pen s ion: If an y
Participant should die after he is el igible for a Deferred Vested Pens ion hereunder but
before Pension benefits have commenced. his spouse. i f livin g. or his estate, if no spouse
or if his spouse is not li ving, shall be ent itled to rece i\·e the PJ.I1icipant's Co ntribu uon
Accumulation in a single sum. 1n lieu of this single sum. a suf\·iving spo use may e lec t
the monthl y death benefit set forth in Sec tion I. of th i s . .\rti cl e VII ro be gin on the irst
day of the month following the date the Part icipant wo u ld ha\·e atta ined age iifty-fi\'e
(55 ). The Participant 's surviving spouse shall be considered the Partic ipant's d e sign:i ted
beneficiary for purposes of Article VII. Section 5.b .''
4 . Amend Article VII by adding a new Sec tion 5, effec ti \'e Janu:ir y l. 1989:
"Section 5 . Death Distribution Provisions: The death benefits pro \·ided . .\rt1c le
VII, Sections 2 and 3 are an inherent part of the Participant 's interest. Thus. the deat h
benefits provided under such sections are the remaining portion of such interest an d
payment of such death benefits in accordance with such sections shall be con si dered to be
distributed at least as rapidl y as under the method of distribution being used prior to the
Participant 's de:ith .
a. Distribution be2innin2 before death . If the Participant dies after
distribution of his or her interest has begun. the remaining portion of such interest w ill
continue to be distributed at le:ist as rapidl y as under the method of distribut ion being
used prior to the Participant 's death.
b. Distribution be2inning after de:ith . If the Partic ipant dies before
distribution of his or her interest begins , distribution of the Participant 's entire interest
shall be completed by December 31 of the calendar year containing the fifth annive~sary
of the Participant's de:ith except to the extent that an election is made to rece iv e
distributions in accordance with ( I ) or (2) below :
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(I ) if any portion of the Part icipant 's interest is payable to a
designated beneficiary. distributions may be made O\'er the life or over a period
certain not greater than the life expectanc y of the designated beneficiary
commencing on or before December 31 of the calendar year immediatel y
following the calendar year in which the Participant died;
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(2 ) if the des ignated beneficiary is the Partic ipant 's surviving spouse,
the date distributions are required to begin in accordance with ( l ) above shall not
be earlier than the later of (a) December 31 of the calendar year immediately
following the calendar year in w hich the Participant died and (b ) December 31 of
the calendar year in which the Participant would have attained age 70 11,.
If the Participant has not made an election by the time of his or her death. the
Participant 's designated beneficiary must elect the method of distribution no later than
the earlier of(i) December 31 of the calendar year in which distributions would be
required to begin, or (ii) December 31 of the calendar year which contains the fifth
anniversary of the date of death of the Participant. If the Participant has no designated
beneficiary, or if the designated beneficiary does not elect a method of distribution.
distribution of the Part ic ipant 's entire interest m us t be completed by Dec ember 3 1 of the
calendar year containing the fifth anniversary of the Part ic ipant 's de:nh .
c. For purposes of Sec ti on S.b . above. if the surv iv ing spo use dies :ifte r the
Participant, but before payments to such s p o us e be gi n. the pro\·is ions of S ection 5 .b ..
with the exception ofpar:igra ph (2 ) abo \'e. s hall be ap pl ied :is if the SU !"'i\'Jng ·po use
were the Participant.
d . For purposes o f th1 s Sec t ion 5. an y a mount paid to a child of he
Participant will be treated as if it had been paid to the suf"'i\·ing sp o use i f the :imount
becomes payable to the survi v ing spouse when the chil d re:iches the a ge of majority.
e . For the purposes of th is Section 5. distribut io n of a P:i rt ic1pa nt's int eres t is
considered to begin on the Participant 's required beginnin g dat e (or. if Section 5.c . above
is applicable, the date distribution is required to begin to the su!"·i \·ing s p o use pursuant to
Section 5 .b. above). If distribution in the form of an annuit y irre\'oc:ibl y commenc e s to
the Participant before the required be gi nning date. the dat e d istributio n is considere d to
begin is the date distribution actuall y commences ."
5 . Article XIV , Section 4 .c . is amended. e ffec ti\·e Janu ary I . 1999. to re:id as
follows :
"c . If the Employer's determination letter is sued by the C o mmissi o ner of
Internal Revenue as to such Employer"s ad o ption o f thi s Plan is an initia l determ ination
letter and is to the effect that the Plan and Trust herein set fo rth o r as am e nded prior to
the receipt of such letter do not me e t the requirements o f Sectio ns 40 1(a ) and 50 1(a ) o f
the Code. the Employer shall be entitled to withdraw, w ithi n o ne (I) year o f the date of
issuance of such letter, all of its contributions made on and after the Effecti ve Date. as
though it had never adopted this Plan and Trust, provided the app li cation for
determination is made within the time prescribed by law fo r fil ing the employer 's return
for the taxable year in which the Plan is adopted or such later dat e as the Secretary of the
Treasury may prescribe ."
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IN WITNESS WHEREOF, and as conclusive evidence of the adoption of the foregoing
instrument comprising Amendment No . One to City of Englewood Police Officers Pension Plan
(As Amended and Restated Effective January l, 1999), the Employer has caused its seal to be
affixed hereto and these presents to be duly executed in its name and behalf by its proper officers
thereunto authorized this __ day of , 2000.
ATTEST : CITY OF ENGLE WOOD . COLORAD O
By _____________ _
Loucrishia A. Ell is . City Clerk Thomas J. Bums , :\'1ayor
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RESOLUTION NO. _
SERIES OF 2000
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A RESOLUTION FOR A TRANSFER AND APPROPRIATION OF FUNDS FOR THE
PURCHASE OF THE ARAPAHOE RENTAL PROPERTY .
WHEREAS, the Englewood City Council approved the City of Englewood's 2000 Budget
on November 15 , 1999; and
WHEREAS, the City Council has made the availability and improvement of recreation
facilities in Englewood a priority; and
WHEREAS, the passage of this Resolution will transfer and appropriate funds necessary
for the purchase of the Arapahoe Rental property;
NOW . THEREFORE, BE IT RESOLVED BY THE CITY CO UN CIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT :
$ectjpn l. The City of Engle wood 2000 Budget is hereby a mend ed a s follow s:
GENERAL FUND :
Source af Funds :
Unreserved/Undesignated Fund Balance $590 ,000
Uee pf fund,·
Transfers Out to Capital Project Fund $590,000
CAPITAL PROJECT FUND :
Spwce pf Fund§:
Transfer in from General Fund $590 ,000
Use pf Funds ·
Arapahoe Rental property acquisition $590 ,000
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COUNCIL COMMUNICATION
Date Agenda Item Subject
April 17 , 2000 Res olutio n for a transfer and
10c i appropriation of funds for the
purchase of the Arapahoe
Renta l oroo ertv
Initiated By Staff Source
City of Englewood, Administrat ive Services Frank Gryglewicz , Dire ctor
Department
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City Council has made the availabil ity and improvement of recreation facilities in Englewood a
priority.
RECOMMENDED ACTION
Staff recommends the City Council approve the attached resolut ion .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
This resolution transfers $590 ,000 from the General Fund to the Capital Projects Fund . These funds
are specifically for the purchase of the Arapahoe Rental property .
The sources and uses of funds are as follows :
GENERAL FUND:
Source of Funds:
Unreserved/Undesignate Fund Balance $590 ,000
Use of Funds:
Transfers Out to Cap ital Project Fund $590 ,000
CAPITAL PROJECT FUND:
Source of Funds:
Transfer in from General Fund $590 ,000
Use of Funds:
Arapahoe Rental property acquisition $590,000
FINANCIAL IMPACT
The unreserved/undesignated fund balance in the General Fund is reduced by $590,000 .
LIST OF ATTACHMENTS
Proposed resolution
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Sectjon 2. The City Manager and the Director of Financial Services are here by authorized
to make the above changes to the 2000 Budget of the City of Englewood.
ADOPTED AND APPROVED this 17th of April , 2000 .
Thomas J . Burns , !\fayor
A'ITEST:
Brenda J . Castle, Deputy City Clerk
I , Brenda J . Castle, Deputy City Clerk for the City of Englewood . Colo r ado, hereby certify
the above is a true copy of Resolution No .~ Series of 2000.
Brenda J . Castle
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COUNCIL COMMUNICATION
Date Agenda Item Subject
Purchase of 4WD Tractor
April 17,2000 10 C ii
Initiated By Staff Source
Jerrell Black, Director of Parks & Recreation
Department of Parks and Recreation Dave Lee , Manager of Open Spaces
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council has previously approved the purchase of a 4WD tractor for use at the golf course. The last
approval was in 1988 for a Ford model 21200 unit.
RECOMMENDED ACTION
Staff recommends that council approve, by motion, the purchase of a John Deere model 4600 from
the lowest technically acceptable bidder, Turf and Trail Equipment Company.
BACKGROUND, ANALYSIS AND ALTERNATIVES IDENTIFIED
The current 4WD tractor, unit 8087, is a 1988 Model Ford tractor and is due for normal replacement .
FINANCIAL IMPACT
The funds are available and budgeted in the CERF fund. Purchase price of this unit is $26,495.00.
LIST OF ATTACHMENTS
Bid Proposal Tabulations
Memos
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City of Englewood Bid Tabulation Sheet
Bid Opening Date: March 21, 200010:00 a.m.
Bid Item: 4 Wheel Drive Tractor
Vendor
UNIVERSAL TRACTOR COMPANY
815 WADSWORTH BOULEVARD
DENVER, CO 80215
COLORADO GOLF & TURF
3025 S. WYANDOT ST.
ENGLEWOOD, CO 80110
TURF & TRAIL EQUIPMENT COMPANY
10790 WEST ALAMEDA AVE.
LAKEWOOD, CO 80226
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4 Wheel Drive
Tractor
$26,451 .00
$32,008.00
$25,265.00
$26 ,495.00
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$26,451 .00
$32,008.00
$25,265.00
$26,495.00
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Exceptions:
NONE LISTED
SEE NOTE IN EXCEPTIONS SECTION
SEE SPECIFICATIONS SHEET
SEE EXCEPTIONS -MODEL BID 4500
CHECK FOR EXCEPTIONS -MODEL BID 4600
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MEMORAND U M
TO:
FROM:
DATE :
SUBJECT:
Wayne Niles
Betty Goosman ~.
March 21. 2000
4 Wheel Drive Tractor
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Requests for Bid were sent to three vendors . Bids were received from three vendors.
One vendor bid two different units.
I am attaching a copy of the bids. any technical information provided and the tab sheet.
These bids exceed $20,000 and will require Council approval.
Please review the bids and provide this office with a written technical evaluation . The
award will be made to the lowest technically acceptable bidder (the vendor who meets the
technical specifications.)
Please notify me when the evaluation has been completed and Council has approved. so
we can proceed with this purchase.
Should you have any questions please give me a call at ext. 2392.
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MEMORANDUM
To: Wa~·ne Niles. Golf Course Maint . Leadworker
Fl'OIII: Pat While . Fleet Administra1or' 1:Pw
Date: April 4. 2000
Sahjrct: Technical E,-;ihiMi<m. ('ERF Rcplaccrncnt~
The lowcSI 1cchnicall~· accep1:1blc bid (will• no cxccplionsl for lhc rcplacemenl of Unil 8087 is from Turf
and Trail Equipmem Company . for a John Deere Model 461Ml in the amounl of$26.495.00. 11,e lowCSI
bidder. Uni"e~ Trac1or Comp;in,· for the amoum of $26 .451 .00. did not meet bid specification . Unil
8087 is a 19118 Model 2120 F('rd lrnctor and i~ due for normal replacement . The fhnds are a,·ailable and
budgeted in the CERF fund ..
The lowest 1cchnicaUy acceplable bid for the replacement of Unil R 112 is from Colorado Golf and Turf. for
a John Deere Model 3235A fairwav mower in the amount ofS24.987 .00 . Unit 8112 is a 1996 Jacobsen
Model LF-123 fairway mower and. is due for normal replacement. The funds are available and budgeted in
the CERF fund .
Both of these purchases will need City Council apprm•al as they are in excess of $20.000 .00 . Once they are
apprm•cd. I will forward a purchase requisilion to Betty Goosrnan and the units "ill be ordered. If ~-ou
need any further information for the Council Communica1ion. plea5C feel free to contact me .
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COUNCIL COMMUNICATION
Date Agenda Item Subject
April 17,2000 10 C iii Purchase of a Fairway Mower
Initiated By Staff Source
Jerrell Black, Director of Parks & Recreation
Department of Parks and Recreation Dave Lee , Manager of Open Spaces
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council has previously approved the purchase of fairway mowers for use at the golf course . The last
approval was in 1998 for the purchase of a Toro 52000 fairway mower.
RECOMMENDED ACTION
Staff recommends that Council approve, by motion, the purchase of a John Deere Model 3235A f rom
the lowest technically acceptable bidder Colorado Golf & Turf .
BACKGROUND, ANALYSIS AND ALTERNATIVES IDENTIFIED
The current fairway mower, Unit #8112, is a 1996 Jacobsen Model LF-123 fairway mower and is due
for nonnal replacement.
FINANCIAL IMPACT
The funds are available and budgeted in the CERF fund. Purchase price of this unit is $24,987 .00 .
LIST OF ATIACHMENTS
Bid Proposal Tabulations
Memos
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City of Englewood Bid Tabulation Sheet
Bid Opening Date: March 21, 2000 11 :00 a.m.
Bid Item: LIGHTWEIGHT FAIRWAY MOWER
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LIGHTWEIGHT LESS TRADE
FAIRWAY IN -1996
Vendor MOWER JACOBSEN Total
MILE HIGH TURF EQUIPMENT INC. 131,082.00 12,100.00 121,982.00
P.O. BOX'31
7600 JOHNSON DRIVE
FREDRICK, CO 80530
LL JOHNSON DISTRIBUnNG CO. 131 ,722.00 S900.00 SJ0,122.00
4700 HOLLY STREET
DENVER, CO 80216
S30,159.00 S900.00 129,259.00
COLORADO GOLF & TURF 127,987.00 13,000.00 124,981.00
3025 S. WYANDOT ST.
ENGLEWOOD, CO 80110
S25,067.00 SJ.000.00 S23,057.00
L.L JOHNSON DISTRIBUnNG CO. NIB NIB
4700 HOLLY STREET
DENVER, CO 80216
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SEE EXCEPTIONS
NONE LISTED
DEMO UNIT -SEE BOTTOM OF SHEET
NOTE ON PROPOSAL SHEET -SEE ENCLOSED
SPECIF/CATION SHEET ON BOTH BIDS
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LI GHT FA IR.MOWER TAB
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' MEMORANDUM
TO :
FROM :
DATE :
Wayne Niles /
Pat White
Betty Goosman ~;1 .
March 21, 2000
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SUBJECT: Lightweight Fairway Mower Bid
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Requests for Bid were sent to three vendors . Bids were received from three vendors .
Two vendors bid two different units . Also one vendor sent in a bid and also a no bid
from two different sales persons I assume .
I am attaching a copy of the bids , any technical infonnation provided and the tab sheet.
These bids exceed $20,000 and will require Council approval.
Please review the bids and provide this office with a written technical evaluation. The
award will be made to the lowest technically acceptable bidder (the vendor who meets the
technical specifications.)
Please notify me when the evaluation has been completed and Council has approved. so
we can proceed with this purchase .
Should you have any questions please give me a call at ext. 2392 .
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MEMORANDUM
To: Wa~·nc Niles. Golf Course Maint . Lcadworker
fl"Offl: Pat White. Fleet Administrator' !Rcu
Date: April 4. 2000
S.hjttt: Technicll E\.1h1111ion . CERF Rq,lacement~
The lowest technicall~· acceptable bid (with no exceptions) for the replace1ncn1 of Unit 8087 is from Turf
and Trail Equipment Compan)'. for a John Deere Model 4600 in the amount of $26.49~ 00. Tiie lowest
bidder. Uni\'ersal TlllClor Compan~· for the amount of $26.451 .00. did l10I meet bid specification. Unit
IIOll7 i~ a 191111 Model 2 I 211 Ford lrnctor ;ind i~ due for nom~1l rcplace111en1 The fiind~ are :ivailahle and budgeted in the CERF fund.
The lowest lechnically acceptable bid for the replacement of Unit 11112 is from Colorado Golf and Turf. for
a John Deere Model 323SA faim'llv mower in the amount of$24 .987.00. Unit 8112 is a 1996 Jacobsen
Model LF-123 fairway mower and is due for normal replacement. The funds are a\'ailable and budge1ed in I.he CERF fund.
Both of these purchases "ill need Cit~· Council appro.·al as they arc in excess of1:211.tNNI <NI . Once they are
appro,.'Cd. I w·ill forward a pun;hasc requisition to Betty Goosman and I.he units will be ordered. If you
need 1111)' funher information for I.he Council Communication. please feel free to contact me .
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Date
April 17, 2000
INITIATED BY
Utilities Department
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COUNCIL COMMUNICATION
Agenda Item
10 C iv
Subject
Sewer Tap Agreement with
Windm il l Inns of Amer ica
STAFF SOURCE
Stewart H. Fonda , Director of Ut ili ties
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Water Board policy regarding an equitable method of comput ing taps for hotels was
established at the August 13 , 1996 meeting .
RECOMMENDED ACTION
The Water and Sewer Board , at their February 8 , 2000 meeting recommended Counc il
approval by motion of the Sewer Tap Agreement from Windmill Inns of America .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
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In August of 1996, the Water Board was approached by Drury Inn to establish a policy for
sett ing sewer tap fees for hotels . The resulting Water Board policy bases sewer taps fees for
hotels on a per day, per unit usage .
Windmill Inns is building a hotel and approached the City regarding building their hotel in the
Southgate Sanitation District near the Park Meadows Mall, and is requesting to use this policy
standard for tap fees . As a result, Windmill Inns has submitted a Sewer Tap Agreement for
Council approval.
FINANCIAL IMPACT
The proposed agreement would set the sewer tap fees at half the standard fee, with no
additional tap fees to be collected unless the water usage exceeds the agreed upon limit of
100 gallons per unit, per day.
LIST OF ATTACHMENTS
Sewer Tap Agreement from Windmill Inns of America , Inc .
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HOTEL SEWER TAP AGREEMENT
THIS AGREEME:-,iT , 1s made the ;, l '-
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CITY OF ENGLEWOOD whose address is 3-100 South Elati Street, Englew ood. Colo rado
80110, (hereinafter CityJ; and the WI~DMILL INNS OF AJ\o!ERICA. 1:-,iC .. a n Oregon
Co1·porat10n . whose address 1s 15220 ~orth ;5,h Street. Scottsdale , Anzon a 5260
(hereinafter Windmill).
WHEREAS , Windmill requested a reduction in sewer tap fees because they be li e ,·e t.hei.r
Hotel's water usage is less per urut than a single-fa mil y eqwvalent. The s ubi ec t Hot e l 1s
located at 9600 Park :'vleadows Dr1,·e. Lone Tree. Co lorad o £.!..dj_. a lso known as Windmill
Inn Near Park Meadows.
WHEREAS , t he standard tap fee 1s based on a norm al fl ow of two hundred (200) gallons
per day and Windmill estimates hat h ei r per urut fl ow 1s n o m or e tha n o n e hundred (1 00)
gallons per day .
NOW THEREFORE the Parties agree s follows:
l. The City will sell Windmill sewer taps fo r its Hotel units at o n e half the ,tan ard
sewer charge , based on their estimate of n o m ore than 100 gallons per ay pe r
occ upied urut real fl ow. Tlus is a m1rumum charge and in no event will t h e ase t a p
fee be less than o ne-half (l/2) the standard sewer c harge .
2 . The 1rut1al tap payment to the City by Windmill will be $87.500.00. fo r Engle wood ap
fees ; S12 .50, for the permit. and a Big Dry Creek Interceptor Bas in Charge of
$6,250.00, for a total of S93 , 762 .50.
3 . W mdmill will issue an irrevocable, s tand-by letter of credit m the amoun oi
$93. i50.00 , which will be used for any additional tap fees. Th.i s lette r of cr edit will be
held by the City for tap fees as required pursuant to this Agreem e n t .
.J . The City will monitor winter (November l through April 30), bi-m o n thly wate r usage
at the Hotel during a five (5) year period . During that time . W i ndmill will momtor
water consumption on a daily basis. Windmill will furnish the 1ty with a report on
daily water consumption a nd the number of rooms occ upied o n t he co rresponding days.
Windmill will s ubmit the report to the City on a m onthly basis .
5 . If at a n y time during :he five (5) ye a r peri od. the daily , per occ upied urut co nsumption
goes over one-hundred (100) gallons per day , Wmdm1ll will pay the add1t1onal tap fee
owed . If the fee is not paid within sixty (60) days . the City will make periodic draw s
on Windmill's letter of credit to pay to the City additional sewer tap fees based on the
amount of flow in excess of one hundred (100) gallons per day a s billed by the City of
Englewood. If Windmill's daily , per occupied urut usage is less than one hundred (100)
gallons per day , the City will not owe Windmill any refund.
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6. Additional sewer tap fees will be computed on the basis of two hundred (200) gallons
per day being equal to a tap fee of $1.500.00. As an e xa mple. if the usage goes over
one hundred (100) gallons per day by five (5) gallons per day . then five (5) g:illo n s per
day is two and on e -half percent (2 1/2%) of t he two hundred (200) gallon s pe r day, two
and one-half percent (2 1/2 %) of one thousand five hundre d dollars (S 1.500) 1s thrrt,··
seven dollars a n d fifty cents ($37 .50) times one hundred and sixty-on e /161 ) h ot el ·
units 1s SL': tho u sand thirty -seve n dollars and fifty cents (S6.03i.50) in addmonal
se wer tap fees . The higher amount. in this example t he 105 gallon s pe r day p e r un1t.
will become t he new base line for tap fees . Once the baseline re ach es 200 gallon s per
day , per re s ide ntial unit, the maximuc tap fee w ill be owed . In no e ,·ent hall t he
total tap fees exceed one maximum tap fee per uru t.
7 . H owever , s h o uld addm onal units be a dded to the proi ec t at a n y im e. he ap fees
s hall be increased by the number of addit10nal uruts. If the u ni t s a r e adde afte r the
five (5) year period described in paragraph 5 above . o r after a fi n al base !me fo r tap
fees has been r e ached. the tap fees fo r the new uruts will be the same aE he final tap
fees fo r the original units.
Any accidental discharge of metered wate r of an unusual a nd n on -recurring nature
whe re the Cit y is nottfied within 24 h ours of discharge a n d Windmill p r ov1des
documentation of the nature and extent of the d isch arge m ay be excluded r a m the
calculation of the tap fee s. The filling of a swimming p ool will not be co n _i ered a n
accidental discharge under this paragraph.
9 . At t he end of five (5) y ears or on the date on which W indmill has paid the add1t1o n al
sewer tap iees associated with an increase m the baseline fo r tap fees to 200 gallon s
per day per unit, whichever event s hall occur first , the letter of cr edit may be
withdrawn and the City will n o lo nge r morutor wate r u sage e xcep t for n orm al. a nnual
sewer billing purposes.
10. Any additional tap fees paid pursuant t o this agreement a r e tap fee o n ly a nd s hall
not be considered se wer treatment char ges. Any money owed the City u nde r thi s
Agree ment is a fee fo r the sewe r tap .
11. The City a nd/or it's auditor m aintain the r ight to e nte r t h e property o e xam m e the
w ater use record s. the h otel occ upancy r cor ds a n d t o che ck wate r meter r eadin gs.
12 . Windmill gives the City t h e right to disco nnect the h o tel fo r non payment of a ny tap
fees or sewer treatment fees due the City .
1 3. This Agreement s hall n ot be assign ed by a ny party without t h e pnor wntte n co n sent
of the other and this agreement s hall be binding on any s uc cessor s or assign ees.
14 . Windmill confirms it has 125 units in this Hotel and agrees that it s h a ll not a dd
additional hotel uruts to the City of Englewood's se wer system withou t written
approval of the City.
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15 . Any notice required or permitted by this Agreement shall be in writing, and shall be
deemed to have been sufficiently given for all purposes if sent by certified mail or
registered mail. postage and fees prepaid, addressed to the party to whom such noti ce
1s to be g:t\·en at the address set forth below , or at such other address as has been
previously furnished in writing, to the other party or parties. Such notice shail be
deemed to have been given when deposited in the United States :Mail. The notice
shall be sent to :
CITY OF ENGLEWOOD
ATTN: Utilities Department
3400 South Elati Street
Englewood. CO 80110
WINDMILL INNS OF AMERICA . 11 ·c.
ATTN :
15220 North 75TH Street
Scotts dale , Arizona 85260
16. This Agreement represents the entire agreement between the Parties and t here are no
oral or lateral agreements or understandings . This Agreement may be a mended only
by an instrument, in writing, signed by the Parties. If any provision is found to be
void by a court of competent jurisdiction, no other provis10n s hall be affected by s uch
holding. All of the remaining provisions shall remain m full force and effect.
17 . A waiver by any party to this Agreement or the breach of any term or provisi on of thJ s
Agreement shall not operate or be construed as a waiver of any subsequent breac h by
either party.
18 . The parties hereto warrant that the signatories below have full and lawful authority
to execute this Agreement on behalf of Windmill and the City of Englewood . Colo rado.
19 . The Parties agree that this agreement shall be recorded m the offi ce of the Arap ahoe
County Clerk and Recorder .
IN WITNESS WHEREOF, the parties hereto have exec uted this Agreem e nt th e day and
year first written above .
CITY OF ENGLEWOOD
By :--------------
Thoma s J . Burns, Mayor Date: ----------
A'ITEST: ------------
Loucrisrua A. Ellis , City Clerk
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WINDMILL INNS OF Alv!ERICA, INC.
Date: __ .f?,_.,_, """( .... Y-: .... 1 _'-..,0::.:0'----
STA TE OF.D ( i:::1,.C.y)(j ) \Wh ) ss.
COUNTY OF ~k'u'C{Xl )
_ On thj.s 1 5 day of rex:xucu:u
Jcbo l'il,J A,"y,Y) known to me to ~e ---'._.._,_4--.J'......,...._~....,__="'-------
Windmill Inns of America, Inc., the corporation that executed the w1tlun a nd fo r ego ing
instrument, and acknowledged the said instrument to be the free a nd \'Ol unta r y act a nd
deed of said corporation for the u ses and purposes t he r ein m entioned , a nd on oa th s r.ated
that he was authorized to execute said instrument.
I N WITNESS WHEREOF, I have hereunto set my hand a nd affixed my official seal th e
day and year first above written.
My commission expires: _IO-rj_?:-_,/""ctr'Q~----
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Date
Apr il 17 , 2000
INITIATED BY
Utilities Department
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COUNCIL COMMUNICATION
Agenda Item
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Subject
Amendment to Sewer Tap
Agreement with Drury Inn
STAFF SOURCE
Stewart H. Fonda , Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Water Board policy regarding an equitable method of computing taps for hotels was
established at the August 13 , 1996 meeting.
RECOMMENDED ACTION
The Water and Sewer Board , at their March 14 , 2000 meeting recommended Counc il approva l
by motion of the First Amendment to the Sewer Tap Agreement with Drury Inns , Inc. )
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In August of 1996 , the Water Board was approached by Drury Inn to establish a policy for
setting sewer tap fees for hotels . The resulting Water Board policy bases sewer taps fees for
hotels on a per day , per unit usage.
Subsequently, the City has entered into the same agreement with three other hotels . In
negotiating the other three hotel agreements, the original agreement was modified to reflect
municipal code requirements that specifies the monitoring per iod . which is November 1 to
April 30 and also clarifying the number of gallons per day the hotel may use without
experiencing an increase in sewer tap fees . Th is First Amendm ent will have Drury's orig inal
agreement conforming to the three subsequent agreements .
FINANCIAL IMPACT
No additional tap fees will be collected unless water usage exceeds the agreed upon limit of
100 gallons per unit, per day .
LIST OF ATTACHMENTS
First Amendment to Sewer Tap Agreement with Drury Inns . Inc .
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FIRST AMENDMENT TO SEWER TAP AGREEMENT
nns FIRST AMENDMENT TO SEWER TAP AGREEMENT ("'First Amendment") IS made :ind
entered into as of the 15"' day of March. 2000 between the CITY OF ENGLEWOOD (the ·'C it y'') and
DRURY INNS. INC. ("Drury").
WHEREAS . the City and Drury entered mto a Sewer Tap Agreement o n May 3. 1999 (the
"Original Agreement"); and
WHEREAS, the City and Drury desire to amend the Original Agreement and reduce the
amendment to writing as required by paragraph 16 of the Original Agreement.
NOW THEREFORE, the City and Drury agree as follows:
I. Paragraph 4 of the Original Agreement is deleted in its entirety and mus place is s ubstituted the
following :
"The City will mo nito r winter (November I-April 30) mo nth ly water usage at the Hate! dunng a
five (5) year period. During that time. Drury will mo nitor water o ns umpuon o n a daily baStS .
Drury will furnish the City with a report on dail y water consumptio n a nd wil l s ubmit the repo rt 10
the C ity o n a monthly basi s . If Drury must co mmence landscapmg 1m ga11 o n pno r to Ap nl 30.
then Drury shall notify the City of such fact and o nce Drury has so no ti fied the C ity. then Drurv ·,
o bligatio n to mo ruto r water consumption from that time until the follow ing Apn l 30 sha l I .:ease .
If Drury must continue landscaping irrigation past November I. then Drury hall no t1fy the C 1t v o r
such fact and once Drury has so notified the City. then Drury's o bligatio n 10 mo nito r water
cons umption shall no t commence until landscape irrigation ceases."
2. Paragraph 5 of the Ongmal Agreement is deleted in its entirety and in its place ,s s ubstituted the
followmg :
"If at any ume during the five (5) year penod. the dail y cons umpti o n dunng the wi nter goe s over
16 .100 gallons per day ( 161 rooms umes 100 gallo ns ). Drury will pay the additi o nal tap iee owed .
If the fee is not paid w1thm slX!y (60) days. the City will make penodic draws o n Drury's letter o r
credit to pa y to the City addiuo nal sewer tap fees based o n the amo unt of fl ow in excess of 16 .100
gallons per day a.~ billed by the City of Englewood . If Drury's daily usa ge is found to be less th an
16.100 gallons per day. the Cuy will not o we Drury any refund :·
3. Paragraph 8 o f the Ongmal Agreement is modified by adding the word s "during the winter'' after
the word "water'' m the first typewritten line of paragraph 8.
4. E xcept as modified herein. all of the provisions of the Onginal Agreement shall re mam in full
force and effec t.
IN WITNESS WHEREOF. the parties hereto ha ve executed thi s F irst Ame ndment the day and year first
written above.
CITY OF ENGLEWOOD
'. '. <,:: > :;j;,i;,::: By:-----------
'.-:-:-:-:-:~:-: Name: 1bCJpas J. Burns
-: -: ,: . :, :-:, :, :, :-Title: ----"Mc ... ~~yc...._.r _______ _ .......... . . . . . . . . .
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ATTEST :----------
Deruty City Clerk
Brerxic, J. Castle
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ORDINANCE NO .
SERIES OF 2000
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BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO. 33
INTRODU~D 5f~5IL
MEMBER ~ ~1.1
AN ORDINAN'CE APPROVING THE PLANNED UNIT DEVELOPMENT (P .U .D .)
FOR HAWTHORN SUITES. LTD . HOTEL TO BE LOCATED AT SOUTH
PENNSYLVANIA STREET AND U.S. HIGHWAY 285, I N THE CITY OF
ENGLEWOOD . CO LORADO .
WHEREAS , Michael D. Plante and Paul C. Zwiebel s ubmitted the Hawthorn
Suites Ltd. Hotel submitted a P .U.D preliminary site plan in May 1998 a nd the
formal ap plication in September 1998 ; and
WHEREAS , the s ubi ect site is located at the n ortheast a n d n orthwest co rne r s of
South P enn sy lvania street and US Highway 285 and 1s co mp osed of two parce ls
totaling .8 1 acres : and
WHEREAS the ap plication r e quests rezoning from R-3 High De n s ity Resid e n ce to a
PUD to a ll ow a "hotel" as a permitted principal use a n d r e move ingl -family a n d
duplex u ses from the propose d district: and
WHEREAS , the existing single-family residential structures will be allowed to
r e main until the hotel is developed : and
WHEREAS , the propos al for Hawthorn Suites in cl ud es a 52 r oo m e xte nd ed s tay
hotel and associated parking; a nd
WHEREAS, the proposed Hawthorn Suites Ltd . Hotel P UD meets the inte nt of the
P UD Ordinance by providing for a use that 1s co mpatible with adjacent u ses: and
WHEREAS, the ove rall site layout fits witlun t h e co n straints cr eated by the s ize
and configuration of the parcels; a nd
WHEREAS, allowing hotel use a nd removing low density residential u ses from t he
proposed district is co nsi stent with the 1979 Co mpre hensive Plan that designate d the
East Hampden Corridor as "a Mixed-Use/Medical Di strict" accommodating medically -
related businesses, including motels : and
WHEREAS, standard City parking regulations for hotels r e quire a minimum of 56
parking spaces for this project and the proposed P UD 52 parking spaces based on t h e
position that an extended stay hotel creates a s malle r parking demand : a nd
WHEREAS , the parking de mand a nalysis provided by Hosp itality Real Estate
Counselors, Inc. (HREC) demonstrates sufficient parking for this Pt.:D based on g uest
driving patterns, number of employees and projected occ up a n cy r ates: a nd
WHEREAS , City staff believes that the proposed 52 parking paces a r e adequate
for a specialty hotel use at this location : a nd
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WHEREAS , the Englewood Planning and Zoning Commission held a Public
Hearing on March 7, 2000 reviewed the proposal : and
WHEREAS , the Englewood Planning and Zoning Commission recommended
approval with additional conditions to the P .U .D.;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
Sectjon J. The Englewood City Council finds that:
l. The applicant has submitted a detailed parking demand
analysis. for inclusion in the information se nt to City Co uncil
prior to the Public Hearing.
2. All fences shall comply with sight-distance triangle
requirements.
Sectjon ?. The Planned Unit Developm ent attached as '·Exhibit A" for Hawthorn
Suites Ltd . at the locat10 n of Northwest and Northeast corners of US 285 and South
Pennsylvania Street is hereby approved.
Introduced. read in full , and passed on first reading on the 17th day of April, 2000.
Published as a Bill for an Ordinance on the 21st day of April, 2000 .
Thomas J . Burns. Mayor
ATTEST:
Brenda J . Castle, Deputy City Clerk
I, Brenda J. Castle, Deputy City Clerk of the City of Englewood , Colorado. hereby
certify that the above and foregoing is a true copy of a Bill for an Ordinance,
introduced, read in full, and passed on first reading on the 17th day of April , 2000.
Brenda J . Castle
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Date April 17 , 2000
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COUNCIL COMMUNICATION
Agenda Item
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Subject Case PUD-98-03
Planned Unit Development -
South Pennsylvania Street
an d US Highway 285
INITIATED BY Michael D. Plante and STAFF SOURCE Tric ia Lang on . Planner
Paul C. Zwiebel, M.D .
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
There has been no previous Council action concerning this matt er.
PREVIOUS PLANNING COMMISSION ACTION
The Planning and Zoning Commission considered the Haw1h orn Suites Lt d. Ho tel
Planned Unit Development at a public hearing on Marc h 7, 2000. Th e Com mi ssio n
voted to forward the PUD to City Council with a re commend ati on fo r app ro val wi th th e
following condit ions :
1. The applicant shall supply a detailed parking demand analys is , to be
submitted for inclusion in the information sent to City Council prior to Pu bl ic
Hearing ; ·
2 . All fences shall comp ly with sight-distance triangle requ i rements .
RECOMMENDED ACTION
Staff recommends that Council set May 15 , 2000 as the date for the Public Hearing on
the proposed Haw1hom Suites Ltd . Hotel Planned Unit Developmen t.
BACKGROUND
Applicants Michae l D. Plante and Paul C. Zwiebel , M.D. subm itted th e Hawth orn Su ites
Ltd . Hotel PUD preliminary site plan May 1998 and the formal appl ication in September
1998 . Following review by the Development Rev iew Team and outs ide ag enc ies , the
plan was revised with the final proposal submitted in January 2000 . The PUD Dist rict
Plan and the Site Plan were combined and submitted as one do cument for consideration
by staff and by the Commission .
The site is located at the northeast and northwest corners of South Pennsylvania Street
and US Highway 285 and is composed of two parcels totaling .81 ac res . The east parcel
includes two single-family residential structures and th e west parcel includes one
residential structure with garage .
The application requests rezoning from R-3 High Density Residence to PUD , Planned
Unit Development , to allow "hotel" as a permitted principal use and remove single-family
and duplex uses from the proposed district. The existing single -family residential
structures will be allowed to remain until the hotel is developed . The proposal includes a
52-room extended stay hotel with associated parking .
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Per Planning and Zoning Commission 's condition , a detailed parking analysis prepared
by Hospitality Real Estate Counselors , Inc. (HREC) was submitted on March 24 , 2000 ,
and found to be acceptable .
ANALYSIS:
The proposed Hawthorn Suites Ltd . Hotel PUD meets the intent of the PUD Ordinance
by providing for a use that is compatible with adjacent uses . The overall site layout fits
within the constraints created by the size and configuration of the parcels .
Allowing hotel use and removing low density residential uses from the proposed district
is consistent with the 1979 Comprehensive Plan that designated the East Hampden
Corridor as "a Mixed-Use/Medical District" accommodating medically-related
businesses, including motels .
Standard City parking regulations for hotels require a minimum of 56 parking spaces for
this project. The PUD proposes 52 parking spaces based on the position that an
extended stay hotel creates a smaller parking demand. The parking demand analysis
provided by HREC demonstrates sufficient parking for this PUD based on guest driving
patterns , number of employees and projected occupancy rates . Therefore , staff believes
that the proposed 52 parking spaces are adequate for a specialty hotel use at this
location.
FINANCIAL IMPACT
The proposed hotel would generate use tax revenue . Additionally, lodger's tax and
sales tax would be levied on each occupied room .
LIST OF ATTACHMENTS
Staff Report
Findings of Fact
Proposed Hawthorn Suites Ltd. Parking Analysis
Proposed Bill for Ordinance
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TO:
THRU:
FROM:
DATE:
SUBJECT:
O FF I CE OF NE I GHBORHOOD AND B U S I NE SS D E VEL OPMENi
Pl a nning and Zoning Commi ssion
Roben Simpson , Directo r of Community De, elopment
Tricia Langon. Planner
March 7. '.!000
Case PUD-98-03 -Publi c Hearin g .
Hawthorn Suite s Ltd . Hotel Planned nit Development
South Penn sylvania Street and US Highway 285
APPLICANT:
'.'vli c hael D . Plante
31474 U pper Bear Creek Road
E vergreen. Colorado 80439
Paul C. Z wiebel. '.\1 .D .
206 Wes t County Line Road. Sune 210
Highlands Ranc h . Colorado 80 12 6
PROPERTY OW~ERS:
'.'vli c hael D . Plante
3 14 7-t Upper Bear Creek Road
Evergreen. Colo rado 80439
Pau l C. Z wiebe l. '.\1 .D .
206 Wes t Count. Line Ro ad . Suite 2 10
Hi g hland Ra nch. Colorado 80 12 6
REOL"EST:
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The applicants have s ubmitted a Pl a nned Unit De velo pme nt application 10 rezone the no nheast
a nd nonhwe s t comers of South Penn sylvania Street and US Hi g hway 285 from R-3 . H ig h
Den si t y Re si dence Di stri c t to PUD.
RECOMMENDATION:
The Depanment of Community De velopment re comm e nds that th e Plannin g and Z oning
Commi ssion a ppro ve the proposed Hawthorn Suite s Ltd . Ho tel Planned Unit Developme nt w 11h
the following condiu o ns :
I . Suppl y a detailed parking demand analysis to suppon parking plan . and
2 . All fences mu st compl y with si te di s tan ce triangle.
J !OO S • E s·~,f-E· .. t:,•J<Jo c .. 80110 230]
J03-762 2j J 2 F ·,s: 30~ ~5= i 59
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LOC\TION OF PROPERTY:
The site is located at the nort heas t and nonhwest comer of South Penn : I "ama Street :md CS
Highway 285 and is composed of tw o parcels to talin g .81 acre . The east parcel in c ludes l\\ o
s ingle-family residential structures and contain s .58 acre . The we t parcel in c lude s o ne
residential s tructure with garage and contain s .23 acres. Th e 11e I ne block outh of S\, edish
Medical Center (See si te locati o n map o n Sheet DP-I ). The s u1To undrng area to 1he nonh. east
and south is zoned R-3 and includes a mix of single -fam ily. duplex. a nd multi-family use along
with commercial and professional office uses . The area to the west is zoned 8 -1 Bu si nes
District and includes commercial and office u es . (See s urrounding zoning o n Site P lan o n Sheet
DP-2).
BACKGROUND
The subject site was originally zoned R-:::!. Re s idence D1 tnct in 1940. The area was re zoned in
1955 to R-2-A. Two Family Re sidence D1 tn ct : in 196 3 to R-3-A , Multi-Family Re s iden ce
District: and again in 1975 to its current zoning of R-3. High Den si ty Re sidence Di s tn ct. The
1963 zoning permitted ·'motel s and m tor o urt .. but thi use was eliminated in the 19 5
amendment.
The si te was one of four considered to be a reasonable location for a hote l in a s tudy prepared b:
Clarion Associates for the City of Engle\\ ood rn July 1997 . entitled ~arket Demand fo r a
Downtown Hotel in Englewood . Colorado.
A preliminary site plan for the Hawthorn Su11e s Ltd . Ho tel PL'D was ubmittcd in Ma~ 199 fr
a five-story. 67 room hotel and presented at the pre -s ubmmal neighborh ood meeting 1n Ju l:
1998 , as required by the PUD ordinance . The formal PL'D application wa s ubmitted in
September 1998. Review by the City' De velopment Re view Team and o ut s ide :1genc1c refined
the plan with the final proposal s ubmincd in Janua~ :::!000 fo r a three-s tory. 52 room facrl 1t y.
The District Plan and the Site Plan ha\'e been ·ombined Jnd ubm1tted as one document fo r
conc urrent review , as provided for in the PLlD Ordinance.
ANALYSIS:
The Planned nit Development is a rezoning pr ce s that e tabli s he s s pecific zo ning and s l!c
planning cntcria to meet the need of a s pecifi c dc\'clopment proposal th at may no t be
accommodated within the existing zoning cheme o r de velopment regulation s. The P Ll D is
composed of a Di s trict Plan which is the set of zo ning regulation s that will apply 10 the proposed
development project. This District Plan 1s coupled with a Site Plan that specifies the general s ite
design and requirements of the proposed de\elopment.
The PUD is for a specialty hotel based on proximity to the hospitals and medi c al clinics in the
area. The PUD adds hotel to the principal pem1itted uses allowed by the c urrent R-3. High
Density Residence District. A hotel will pro\·ide a needed serv ice that is lacking in the
community. The PUD removes single-family and duplex u es . Allowing hotel use and removing
low density re s idential uses from the di s trict is consistent with the 1979 Comprehen ive Pl an's
intent that designated the East Hampden Corridor as "a Mixed-Use/Medical Di s trict which
would ac commodate supportive medicall y-related busrnes cs . medical offices. and uses such a s
restaurants and motels to accommodate the families of patients. and multi-unit hou si ng ...
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The proposed Hawthorn Suites Ltd . Hmel PUD mee1 the intent of the PL D Ordinance by
providing for a use that , while not permitted by currenl R-3 zoning. is compatible with the
adjacent uses. The design. architecture. scale, colors. ma1erial . s1gnage and landscaping of the
proposed hotel are compatible with the neighborhood . The overall s ne layout fits within the
constraints created by the size and configuration of the parcel .
Minimum City hotel parking tandards require one parking s pace for each guest room and o ne
additional space for every two employees. The proposal provides 52 parking spaces and is based
on the applicants ' po iuon that the nature of the extended stay hotel creates a s maller demand for
parking. Staff believe that parking is adequate based on the s pecialt y hotel use but has 11 01
received a parking demand analy is to support or ve rify the applicant s' posi tion .
The signage plan provides for 6 igns totaling 197 square feet and is consistent wi1h -imdar
commercial uses . The land ape plan also is consistent with co mparable de velopment and
exceeds minimum requirements .
The propo5ed Hawthorn Suite s Ltd . Hotel PUD is consistent wi1h the Comprehensive Plan . a
outlined above. and will contribute to the vitality of the co mmunit y and s uppo rts the m1xed -u e
nature of the neighborhood .
PUD Di trict Plan
The Planning and Zoning Commission is required to make the following finding concernin g the
Hawthorn Suites Ltd . Hotel PUD District Plan :
/. Th e PUD District Plan is. o r is 1101 , in confo nnance with rh e Disrri c r Pl an req11ir e111enr .1 ,11ul
rh e Comprehe11si1 ·e Plan: and
The proposed Hawthorn Sunes Ltd. Hotel PUD i in conformance with the applicable
requirements set forth in Section 16-4-15 E . 3 e. P U D Di s trict Plan .
2. All required doc11me11rs, drawin gs. referral s. recommendarions. and appromls i1C11 ·e b een
rece ived ; and
All appropriate document s concerning the propose d Hawthorn Suites Ltd . Ho tel P UD
have been received and referrals to outside agencies have been made and approved with
the exception of an adequate parking analysi .
3. The PUD District Plan is consistent with adopted and gen e rally accepted standards of
de1 •elop111e111 in the City of En g lewood: and
The proposed PUD Di trict Plan modifies the existing R3 District regulation s by:
I . Adding hotel as a permitted use .
,., Removing single-family and duplex as permitted use s .
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3. Grant ing existing s ingle re s idential dwellings and accessory use le ga l
nonconfo rrmn g u se s tatus until the hotel facilit y is bu il t.
4 . Th e P U D Dis rr icr Pl a 11 is subsrall/ia l/y co11 s is re ll/ wirh rh e goa ls. objecri,·es. d esi~11
g uide lines. p o lic ies a11d ,111r o rh e r o rdina11 ce, law o r req11ire111 e111 of th e C i ty: and
The proposed Hav.th o m Suites Ltd . Hotel PUD Di strict Plan is in conforman ce with all
other ordinance . law s and requirements of the City.
5 . Wh e n the PUD Disrri cr Plan i s within th e En g le wood Do w111 o w11 Devel opm ent Awho rirY
(EDDA ) area . the Plan is co11 si s1e 11111 ·i1h th e EDDA appro ,·ed d e sig n s. p o licies a 11 d p /a11 s.
Not applicable .
PUD Site Plan
Hawthorn Suites Ltd . Ho tel PUD Site Plan ets fonh the s ite pl a nnin g and de s ig n paramet er ·
within whi c h the proposed de\'el o pment w ill occur.
The Planning and Zoning C o mmi ssion is required to make the following findings concerning the
Hawthorn Suites Ltd. Hotel P UD Site Plan :
I . The P U D Sire Plan is. o r is 11 01. i11 co11fo mw11 ce with th e Distric t Plan req11ire 111 e 111 s : a 11d
The proposed Hawthorn Suites Ltd. Hotel PUD Site Pl a n is in conformance with the
Hawthorn Suites Ltd. Hotel PUD Di s trict Plan . The PUD Site Plan e stabli s he s th e 1ze.
orientation . location. and building ele vation s that illu trate the des i g n o f the p ro po c d
structure a s well as materials to be used . The PUD Site Plan al so in c ludes a s ignage p lan .
and a landscape plan that provides details as to location of landscape are:i s and the pl a nt
s pecies to be used.
2. All require d do cu111 e111 s. drawing s . ref e rrals. reco111111 e11dario 11 s. a11d a ppro l'(l/s hm ·e been
recei ved : and
All required s ite plan material s have been recei ved and approved ex c ept fo r fen c e s ight
di stance requirements .
3. Th e P U D Sir e Pla11 is consist elll wirh ado pte d and ge11 e rallv a ccepte d standa rds of
d e vel o pme ll/ of th e City of En g le wo od: and
The proposed PUD Site Plan is c onsistent with the development s tandards set fo nh in the
PUD District Plan .
4 . Th e P U D Site Pla11 is s11b sra111ially c onsiste nt wirh th e goals. o bjecri,·es and p o licies and/o r
a11 v o the r o rdi11a11 ce. law o r require m ell/ of rhe Cir y.
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The proposed PUD Site Plan is in conformance with all other ordinances , laws and
requirements of the City.
CURRENT ZONE DISTRICT:
R-3 , High Density Residence District.
LEGAL DESCRJPTION:
Lots 18-25 inclusive , Block 3 and Lots 26-28, Block 4. Higgins Englewood Gardens. County of
Arapahoe, State of Colorado.
DEPARTMENT AND AGENCY REVIEW:
The City's Development Review Team reviewed the proposal with the following comments :
I. Building and Safety: Must comply with all applicable Building Codes.
2. Fire: Must comply with all applicable Fire Codes .
3. Engineering Services: Concrete sidewalks, ramps . etc. and drainage must be con structed as
shown on the approved Drainage Plan .
4 . Public Works: No comments in addition to Engineering Services and Traffic comment s.
5 . Traffic : The height of the following fences exceeds site distance triangle requirement s and
must be reduced to 30" within the site distance triangle :
o 6 feet high wood privacy fence adjacent to the alley on nonh propeny line of
auxiliary parking lot.
o 3 feet 4 inch high brick wall adjacent to the alley on south side of auxiliary parking
lot. and
o 6 feet high wood privacy fence adjacent to South Pennsylvania Street.
6 . Utilities : Hotel Sewer Tap Agreement required at time of permit. Utilit y related comments in
District Plan accepted .
Outside agency referrals included:
I. Colorado Depanment of Transponation : Work within CDOT"s right-of-way will be by
permit only, and landscaping within CDOT's right-of-way will require a landscaping permit.
NEIGHBORHOOD MEETING SUMMARY:
On July 15, 1998 , six residents and propeny owners auended the Hawthorn Suite s Ltd . Hotel
PUD Neighborhood Meeting. This meeting was held in the Malley Senior Center. The
applicants and representatives from Hawthorn Suites Hotel presented the initial propo -al for the
5-story, 67 room facility . Discussion centered on the size of the facility . its onentation on the
site , parking and traffic . Of these. parkjng was the main concern with residents commenting on
the lack of parking and congestion on South Pennsylvania Street.
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
IN THE MA TIER OF CASE #PUD-98-03 )
FINDINGS OF FACT, CONCLUSIONS )
AND RECOMMENDATIONS RELATING )
TO A HOTEL DEVELOPMENT PROPOSED )
ON THE NORTHWEST AND NORTHEAST )
CORNERS OF THE U.S. 285 AND SOUTH )
PENNSYLVANIA STREET INTERSECTION )
INITIATED BY :
Michael D. Plante
31474 Upper Bear Creek Road
Evergreen, CO 80439
AND
Paul C. Zwiebel, M.D.
206 W. County Line Road #210
Highlands Ranch, CO 80126
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FINDINGS OF FACT AND
CONCLUSIONS OF THE
CITY PLANNING AND
ZONING COMMISSION
Commission Members Present: Douglas , Rininger . Sauter . Stoc kwell. Weber. Willis.
Welker
Commission Members Absent : Lathram
Note : One vacancy on the Commission .
This matter was heard before the City Planning and Zoning Commission on March 7 , 2000 , in
the City Council Chambers of the Englewood City Hall .
Te stimony was received from staff and from the applicants . The Commission received notice
of Public Hearing , Cenification of Posting , and the Staff Repon. which were incorporated into
and made a part of the record of the Public Hearing .
One member of the general public was present to ask questions of the Commission , but did not
offer testimony on the issue .
After considering the statements of the witnesses . and reviewing the pertinent documents , the
members of the City Planning and Zoning Commission made the following Findings and Con-
clusions.
H GROU P'80AR0S"LANC0MM\find1~\F1ftdu .. !(O)\fOf .. Ha...,,,. s ..... PUO doc
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FINDINGS OF FACT
1. THAT application for PUD approval for the proposed Hawthorn Suites Ltd . hotel was
initiated by Michael D . Plante and Dr. Paul C . Zwiebel by the filing of an application
in September. 1998 .
2 . THAT public notice was properly given by publication in the Englewood Herald on
February 25 , 2000 , and by posting of three signs on the property setting forth the date.
time , and location of the Public Hearing .
3. THAT tcstimony was received from Planner Langon. on the history of the proposal
since the initial submittal in May, 1998 . through the final submittal in January . 2000 .
Ms . Langon also gave testimony on the existing zoning and development of the subject
sitc, and surrounding neighborhood . Ms. Langon cited two issues which were not re-
solved prior to the Hearing : location of fences in relation to required sight-distance tri-
angles, and submission of a parking demand analysis.
4. THAT tcstimony was received from applicant Mike Plante . and from architect Dennis
Carlson. regarding the proposed hotel development. Mr. Plante testified that location
and height of all fencing will be in compliance with the sight-distance triangle restric-
tions imposed by the City. Mr . Plante also testified to the clientele the extended-stay
hotcl will be designed to serve. and services. which the hotel will provide their clien-
tcle . Mr . Plantc tcstified to the projectcd occupancy level. the maximum number of
employees on the sitc at any one time , and the off-street parking , which will be pro-
vided . Mr. Carlson tcstified to the design and construction materials proposed for the
proposed hotel , fencing , landscaping , and signage .
5.
6 .
THAT tcstimony was received from Business Development Coordinator Scibelli in
support of approval for the proposed PUD and hotel development .
THAT Jim Gerlits. an adjoining property owner , asked ab out the impact of the pro-
posed development on his property values .
CONCLUSIONS
l. THAT the proposed PUD for Hawthorn Suites Ltd. Hotel was brought before the Plan-
ning Commission upon application filed by Michael D . Plante. and Paul C . Zwiebel ,
M .D .
2 . THAT notice of the Public Hearing was properly given by publication in the official
City newspaper , and by proper posting of the property .
H \Gl:OlJP\IOAROS\'1.ANCOMM\f 111d1~\F1ndu1J.I ~FOF-Hawttaw ~nn l"\J O dac
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3 . TBA T the proposed PUD is in compliance with the PUD District Plan and with the
PUD Site Plan. as follows :
PUD District Plan
1. The PUD District Plan is , or is not. in conformance with the District Plan requirements
and the Comprehensive Plan; and
The proposed Hawthorn Suites Ltd . Hotel PUD is in conformance with the applicable
requirements set forth in Section 16-4-15 E, 3 e . PUD District Plan .
2. All required documents, drawings , referrals, recommendations, and approvals have been
received; and
All appropriate documents concerning the proposed Hawthorn Suites Ltd . Hotel PUD
have been received and referrals to outside agencies have been made and approved with
the exception of an adequate parking analysis .
3. The PUD District Plan is consistent with adopted and generally accepted standards of de -
velopmt!nl in the City of Englewood; and
The proposed PUD District Plan modifies the existing R3 District regulations by :
I . Adding hotel as a permitted use .
2 . Removing single-family and duplex as permitted uses .
3 . Granting existing single residential dwellings and accessory uses legal non -
conforming use status until the hotel facility is built .
4. The PUD District Plan is substanrially consistent with the goals. objectives , design guide-
lines. policies and any other ordinance, law or requirement of the City ; and
The proposed Hawthorn Suites Ltd . Hotel PUD District Plan is in conformance with all
other ordinances. laws and requirements of the City .
5 . When the PUD District Plan is within the Englewood Downtown Development Autho riry
(EDDA) area . the Plan is consistenl with the EDDA approved designs, policies and plans .
Not applicable .
PUD Site Plan
Hawthorn Suites Ltd . Hotel PUD Site Plan sets forth the site planning and design parameters
within which the proposed development will occur . I • 0
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1. The PUD Sire Plan is, or is nor, in conformllTlce with the District Plan requirements; and
The proposed Hawthorn Suites Ltd. Hotel PUD Site Plan is in conformance with the
Hawthorn Suites Ltd . Hotel PUD District Plan . The PUD Site Plan establishes the
size, orientation. location , and building elevations that illustrate the design of the pro-
posed structure as well as materials to be used. The PUD Site Plan also includes a
signage plan, and a landscape plan that provides details as to location of landscape areas
and the plant species to be used.
2. All required documents, drawings, refe"als , recommendations, and approvals have been
received; and
All required site plan materials have been received and approved except for fence sight
distance requirements .
3 . The PUD Sire Plan is consistent with adopted and generally accepted standards of de1 •e/-
opment of the Ciry of Englewood; and
The proposed PUD Site Plan is consistent with the development standards set fo nh in
the PUD District Plan.
4 . The PUD Sire Plan is substantially consistent with the goals. objectives and policies and/o r
any other ordinance. law or requirement of the City .
The proposed PUD Site Plan is in conformance with all other ordinances. laws and re -
quirements of the City .
DECISION
THEREFORE, it is the decision of the City Planning and Zoning Commission that the
Planned Unit Development application filed by Mr. Plante and Dr. Zwiebel for Lots 18-25 in-
clusive, Block 3, and Lots 26, 27, 28, Block 4. Higgins Englewood Gardens , County of
Arapahoe, State of Colorado, be approved , with conditions .
The decision was reached upon a vote on a motion made at the meeting of the City Planning
and Zoning Conunission on March 7, 2000, by Mr. Douglas , seconded by Mr. Rininger ,
which motion states:
The Planning Commission recommend that City Council approve the application for Planned
Unit Development approval for the Hawthorn Suites Ltd. Hotel, Case #PUD-98-03, with the
following conditions:
N:\Ga0l.ll'\80ARDS\PLAHCOMM\Fini .... \F ..... .?CIDO\f"Of .. Ka .... s, .. PUD 4ac
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1) The applicant shall supply a detailed parking demand analysis, to be submitted for in-
clusion in the information sent to City Council prior to the Public Hearing ;
2) All fences shall comply with sight-distance triangle requirements .
The vote:
AYES:
NAYS :
ABSTAIN:
ABSENT :
Weber , Willis , Douglas, Rininger, Sauter, Stockwell, Welker
None
None
Lathram
These Findings and Conclusions arc effective as of the meeting on March 7, 2000.
BY ORDER OF THE CITY PLANNING & ZONING COMMISSION
Carl Welker, Chairman
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HREC
HOSPITALITY REAL ESTATE Cou:-:SELO KS, IN C.
March 20, 2000
To :
From :
Michael Plante
Plante Properties. Inc .
MichaelC~
Patrick Hallman /?//
Hospitality Real Estate Counselors. Inc .
Re : Proposed Ha\\lthorn Suites. LTD. Parking Analysis
In accordance with yo ur request. Ho spitali ty Real Es tat e Counselors . In c . ( .. HREC') has
anal yzed the ;,roposed Hawthorn Suites. LTD. 52-room hotel and prepared an es timate o f
the hotel's parking needs. This memorandum addresses a multitude of is sues raised by
the City of Englewood regardin g parking ne eds. including :
• Projected hotel occupancy le ve l until the year o f stabilization:
• When does peak occupancy occur?:
• "Who are the customers of the propo sed hotel ?:
• What are the driving panern of the customers .:
• What will the hotel van parking need s be '?:
• Are there any agreement between area h pita! and the ho tel ?:
• Estimated number of employees and the number per shift.
HREC is a speciali st in the hotel and gami ng ind ustry "i th extensi\·e experience
throughout the US in the mark et study. feasibilit y. li ti gati o n and \·aluati o n o f ho tel s . In
developing the parking analysis for th e proposed Ha\.,,1horn uites. LTD .. we have rel ied
on data collected during fieldwork in preparat io n o f an app ra isal o f the subject property
as well as our industry knowledge gained in the analysis and management of all ho tel
types. including suburban hotel s . Furthermore. we have used indu try standards as set
forth in the hospitality industry book "'Ho 1el Planning and Des i 11 "" by Walter A . Rut es
and Richard M. Penner .
Product Overview
The Hawthorn Suites, LTD . is a mid-market ho tel product th at is designed to serve th e
needs of the extended stay hotel market as well as the tran sie nt hotel market. The
extended stay hotel market is comprised of gue sts seeki ng ove rni ght acco mmodations for
five consecutive nights or longer. Extended stay hotels typically offer facilities and
services that are unique to the extended stay guests . The prot otypical Haw1ho rn Suites.
LTD . offers large guestrooms with kitchens. complimentary breakfast buffet each day .
and complimentary evening social one night per week . To control costs and offer a
Sp uiali,1s 111 rhe Lodging and Gaming lrr du s1ri es
6444 South Quebec. Suuc 212 . Englewood . CO 801 11 30 3-:6 -1)()·; FJ , '03 -26i-O l!l 5
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HREC
HOSPITALITY REAL [STATE Cov:-.sELORS. b:c.
competitive rate in the lodging market. the prototypical Haw1hom Suites. LTD. offers
reduced housekeeping service levels. The standard level of housekeeping service offered
by a Hawthorn Suites.LTD. includes suite cleaning every other day. sheet changing
every other day. and daily clean towels and trash removal. These housekeeping services
reduce the need for housekeeping staff to roughly one-ha! f of what a typical transient
hotel would require .
The proposed Hawthorn Suites. LTD. is expected to offer the same level of service as the
prototypical Hawthorn Suites. LTD. Development plans for the subject hotel indicate
that the hotel will not offer a restaurant. lounge or meeting facilities . Furthermore. the
proposed hotel is not expected to have a swimming pool.
Background -Anticipated Performance Levels
Based on HRECs research. fieldwork in the market area. and lodging industry
knowledge. we have estimated the occupancy level of the prop osed hotel through the
stabilized year of operation . The following table summari ze s the se occupancy
projections. Our analysis assumes an opening date on or around January I. 200 l .
Occupaucy Projections
Proposed Hawthorn Suites, LTD.
[uglewood, Colorado
Average
Ro m s
~ Qs;,ugaa,, w...Dm.
:2001 69°0 36
:2 00:2 75° 0 39
1003 78°'0 4 1
:::004 l tabdized Year ) 80 % 4~
I So urce H osp11al,r\' Real Es rm e Coun selors. Inc
By the stabilized year. the proposed Ha\\thom Suites. LTD. is expected to maintain a
fairly consistent occupancy le vel throughout the year . We do not anticipate significant
occupancy fluctuations on a monthly or daily basis . \Vhile the occupancy level will
fluctuate somewhat. a strong base of demand from the ho s pital is expected to minimize
this fluctuation swing . Demand generated from the hospital is expected to occur year-
round and not be subject to seasonal periods. Furthermore. the hospitals are expected to
generate a strong base level during the weekend periods when visitors come to the area to
visi t patients and patients schedule electi\·e surgeries to minimize the time away from
work . Historical lodging trends in the Metro Denver area indicate a peak season occurs
during the months of June. July and August when lodging demand increases due to
increased leisure and group business . The proposed Hawthorn Suites. LTD . is expected
to capture this demand as well. As a result. the proposed subject hotel is forecasted to
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HOSPITALITY REAL ESTATE COUNSELORS, IN C .
maintain strong occupancy levels throughout the year with its strongest months to occur
during the summertime .
The following table summarizes the anticipated market segmentati on fo r the propo sed
Hawthorn Suites.LTD.
Hos pital
Leisure
Corpo rate
Extended Stay
Total
Forecasted Market Segmentation
Proposed Hawthorn Suites, LTD.
Englewood, Colorado
28.5% 28 .7% 2S . 7°'o
17 .2% 17.2% 17.:!%
27.3 % 2 7.2% 21 .2~1o
27.0% 26.9°10 26 .9%
100% 100% 100%
Source . Hosp1ta/uy Real Estate Counselors. Inc .
2/)()4
28 . 7°10
I i.2~1o
2 i .2~10
26 .9%
100 %
As indicated in the previous table. the proposed Ha\"thorn Suites. LTD . is expected to ·
generate roughly 29% of its total occupied room nights from hospital related business
while the leisure segment is projected to generate approximately 17%. \\ihile at this time
the proposed hotel does not have an y referral agreements with the local hospitals. the
hotel is still anticipated to capture strong demand via its proximate locati on and a strong
targeted sales effort. In the Englewood market . leisure demand is expected to mainl y
occur during the weekend periods . Both the corporate and the extended stay segments
are projected to each generate roughl y 27 % of total demand .
Estimate of Hotel Guest Parking ~eeds
In order to forecast hotel guest parking needs . we have analyzed the characteristics of
each market segment and projected a parking util izatio n rate . In estimatin g the market
segment utilization rate . we considered the following factors :
• The hotel is within walking distance to its major demand source. Swedish
Medical Center;
• Three of the area hospitals. Swedish. Port er and Littleton. maintain a primary
serv ice area that is within a two hour drive of the hospital:
• Craig Hospital is an internationally known specialist hospital that attracts
patients from throughout the US as well as the world:
• The nearest commercial airport is Denver International Airport. located in
excess of 20 miles to the northeast:
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HOSPITALITY REAL ESTATE COt:NSELORS, INC.
• A new light-rail station is currently under construction in the general
neighborhood and is expected to be in operation prior to the opening of the
hotel ;
• The response of local corporations from o ur demand generator call s conducted
during the week of March 6'h ;
• The hotel will provide a 15-passenger van for complimentary transportation of
guests. within a local radius.
The following table summarizes our forecast of parking utili zati o n for the proposed
Hawthorn Suites, LTD . based on a stabilized occupancy level of 80% and a peak
occupancy level of 100%.
Forecast of Parking Utilization
Proposed Hawthorn Suites, LTD.
Englewood , Colorado
Percentage Nu mber o f Number o f
of occupied occupied Numbe r oi occ upied Number of
Percentage rooms wi th rooms at Guest room s at Guest
~ildi,1 Ss:&mS:Dl g[Qs:w~cg Ymll ~ ~ IQQ0
'~ ls:vs:I ~
Hospital 29~1c, 95%1 12 ii 15 1-1
Leisure 17°0 97°~ 7 7 9 9
Corporate 27~"o 80 % II 9 1-1 I I
Extended Stay ~ 97% il il .l:l. .l:l.
Total 100·~ 42 38 5~ 48
Source Hospuaiuy Real £.s tate Co unselors In c
We estimate that roughly 95% of the g uests staying for Ho s pital reaso ns a nd 97% o f
guests staying for leisure or extended stay reasons will arrive by ve hicl e. The remaining
g ue sts are anticipated to be tran spo rted to the hotel by s huttle s. taxis and/or fa mil y and
frie nds . Roughly 80% of the guests staying for corporate business will arri\·e by \·ehicle.
The remaining 20% will be meeting and visi tin g local corporations and will rely on
sh uttle service to trans port them to their local place of business . Our estimate of 20% is
derived primarily from our experience with corporate oriented hotel s in the s uburban
market. comments of hotel operators from the Hampden and Wadsworth area of
Lakewood. and the comments of local businesses during o ur demand generator
interviews. As the previous ta ble illustrates, guest-parking needs at the proposed
Haw1hom Suites.LTD. is expected to range from 38 spaces at 80% occupancy and 48
spaces at 100% occupancy.
Employee Parking Needs
In addition to parking for hotel guests. the proposed hotel will need to provide parking for
employees. However. it should be noted that the majority of hotel employees will be
working during periods of the day when mo st guests are not in the hotel. Therefore. we
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HOSPITALITY REAL ESTATE COl.:NSELORS. INC.
have developed our forecast of employee parking needs based on different time s o f the
day.
The following table summarizes the anticipated number o f empl oyees that the Ha\\1h om
Suites. LTD . is expected to employ as well as the number per peak shift. These
employee projections reflect the number oi full-time and pan-time employee s on the
company payroll. not the full-time-equivalent employee count. Additionall y. it is
anticipated that the breakfast attendant will stan her shift in the break.fast area and finish
in the housekeeping depanment.
Projected Namber of Employees by Shift
Proposed Hawtllorn Saites. LTD.
Eaglewood. Colorado
N umber or Emp lo, ee s at Peak Occu pan cy
Number of 5·00AM 8 :00A '.\t -.OO P'.\t 10 :00PM
easiiiac iQcgilam,ci Emgls;i,,,s 8.:.!ll!AM ~ .1.!l.:.Q.(!fM ~
G~neral Manager I I
Sales Manager I I
Front Desk ~ I I I I
BellmantDriver I I
Maintenance I I
Housekeeping 3 2
Breakfast Attendant ;;. l l
Total 13 2 -:: I
So urce · Hosp ual,ty Real Estate Co un selors In,
As illustrated in the previous table. the peak number of o n-·ite empl oyees at t he pro posed
Hawthorn Suites.LTD. is projected r.o occur durin g the 8 :0 A:-VI --:OO P'.\t peri od. when
management. sales and the housekeepers are on property . As i typi al with extended
stay hotels with no food and beverage space or meeting pace. peak o n-pro pe rty
employee counts occur when the maj ority of guests are outs ide the pro pert y.
Conclusion
Based on o ur analysis of guest parking space needs and emplo yee pa rk ing space need s.
we have projected total parking needs for the proposed Hawthorn Suites. LTD . O ur
emplo yee parking space needs assume each employee dri ves a vehicl e to work .
However, given the large residential base in the general neighborhood o f the propos ed
hotel , as well as nearby RTD bus service and light rail transit service. it is likel y that a
number of employees will walk and/or take public transportati on to the hote l. In add iti on
to the parking requirements of guests and employees. we have included the antic ipated
demand created from visitors to the hotel to meet with gue sts as well as th e parking need s
of the hotel van . The following table summarizes the total projected parking space needs.
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HOSPITALITY REAL ESTATE COUNSELORS. INC.
Total Projected Parldq Space Needs
Proposed Hawdaona Sllites, LTD.
Englewood. Colondo
5:00AM 8:00AM 5:00PM
.lilllAM .tlWfM .l!Ll!lll!M
~:a:amiaa 812!'41 wa;ugilc,:x:
Guest Vehicles 38 II 32
Guest Visitors 0 2 3
Employees 2 7 2
Hotel Van 1 1 1
Total Parking Space Needs "' 21 38
d.:asmio& 1 ail0/a ~,i.1121D,:t
Guest Vehicles 48 I" "I
Guest Visitors 0 3 3
Employees 2 2
Hotel Van 1 1 1
Total Parking Space Needs 51 25 .&7
Sou rce : Hos.oiraliry Real Estate Co unselors. Inc .
10:00PM
lJl.l!AM
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50
As illustrated in the previous table. total peak parking space demand is expected to occur
during the 5:00AM to 8 :00AM time period when guests have not ye t depaned to start
their day. but the morning breakfast attendant arrives to prepare the daily free breakfast
buffet . This assumes the two employees on staff drive to work rather than walk and/or
take public transponation. Assuming 100% occupancy . our anal ysis estimates the total
peak parking space needs to be 51 spaces and, assuming 80% occupancy. our analys is
estimates the total peak parking space needs to be 41 spaces .
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Hawthorn Suites Ltd. Hotel Planned Unit Development
This Planned Unit Development is a proposed 52 room extended stay hotel
project The building is thrN s1Dries in heq,t aid has a total area of 35 .040
squse feet with a floor plate.,. ot 11 ,680 square feet. The project has a site
.,_ ot 35 ,187 ~ feet approximately 25,000 square feet ot the site is on the
east side al South Pennsylvania Street while the remaining pan ct the site is on
the west side. The building itself along with some ot the parking is situated on the
property on the east side ot South Pennsylvania Street while the remaining
parking is situated on the property on the west side. 52 paoong spaces are being
provided on site; 27 standard Size spaces , 22 compac Size spaces , and 3
handicapped size spaces .
The building will be wood framed construdion . Exterior materials will be 3 foot
high brid( veneer at the ground level with synthetic stucco above the veneer up to
the red. The synthetic stua:c will have horizontal detailing at each floor level so
the wall is not just a flat plane. The veneer will be a brick that is or similar to
"Waterlodge" by Robinson Brick Company. This brick has a base color of brick
red mixed with shades ot tans and reddish tans. The synthetic stucco will be
mainly a da'kish tan color with the horizontal detailing being a greenish tan color.
The red will be greenish asphalt shingles with a heavy shadow line.
There .. no mechanical units sitting on the root of this proposed building. All
MIiting and air conditioning units are individual room units that are integral with
the windows. These units sit right below the window and are attractive units. If a
small condensing unit is required for the common area. it will be IOC:ated on the
nor1h side ot the building and screened with landscaping. The area for the
garbage dumpster is indicated on the plan and will be screened with a 6 foot hie;,
<:eds wood fence.
On the street side of the properties n•r the property lines is a 3·~· high brick
wall with Slone-Ca$)ped bridt piers approximately 20 -25 feet a i-t-This bridt
will match the bridt v.,,.. on the building. The pufl)OH of this wall is 1c partly
saeen the panting plus make the project blend more into the neighborhood .
This hotel project is planned 1c be of the ·extended stay type· serving the nearby
hospitals. medical clinics. neighborhoods. and all the community. Extended stay
type hotels have larger rooms with small kitchenettes; guests typic:ally stay longer
than one night The hotel will alao have a small business center. small exercise
area, and complimentary breaxfast dining area for guests only. 52 off street
parking spaces •• being provided. The pari<ing requirement for hotels in OCher
zoning districts is 1 space per each guest room plus 1 additional space for each 2
employees. This hotel will have a maximum of 3 employees on duty when the
hotel is occupied by its guests. An additional housekeeping and/or mainter8\Clt
employee may come on duty in the middle of the day when the rooms are
generally not occupied. This PUD will be pl"OYiding a couple parking spaces less
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Paga Two
lwl what is required in oCher zoning dimids for holala. lnfol rnation galhered
from the nearby hOlpitals indica that a pe1ca,tage d the guNls •IOI wed wilh
visiting loved ones in the holpilal will not be driving a car. In IOITl8 c:aNa the
hoapital may provide transponatiar1 from the airport lo the holal and in other'
caw lacal relativee d patina in the hoepital will provide that tran8')0l1allan.
Al80. at lwt one nearby medical clinic tw up 1111d inlara in ,...,,ing roorr.
for out4-llcMn patients that ... required after ugery lo came baclt the following
days for post operative care. Some d ,-plltients will not be allowed lo drive
a car during this period and ane may not have another peraon staying with
them. 52 patting spacN ia ber19119Ci lo be adeqa .-due ID the special nature and
location d this extel lded stay heal.
Six signs are propoeed for this prcject. Two S9'S are low wall signs in18gral with
the brick wall. two .. wall 9918 on the building, one is a smaller wall sign above
the entrance ID the building, and one ia free anding pytcn sign. The total sq1a9
fOCICage d all these signs is less that one half d what WIOUld be allowectfQr a
hotel in zoning di:stric:ts where hotels ... c:wrently allowed.
La1dac:aping for the project ia vwy generous with 21 Nea and 206 bush• being
planned. Nine d the trw .. • Cocupur ThcmllH I tauuthom" lrW to follow
the themed the name. HaMhorn SuilN Hcelt. Ud. Ground cower ia a
camDiulllion d grass and 111.11c:h.
Every--. tw been made 1o nae this prqact a good one tor the City d
Englewood: an atlradive and w.11 planned proieCt that fitl well in the
neigt,t,orhood and serves bath the neigt,t,orhood and all d the cammunity.
Thanks for the considenltian .
Dennis Carlson Architects
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ORDINANCE NO._
SERIES OF 2000
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BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO. 36
=~~~UNCIL
AN ORDINANCE APPROVING THE RELEASE OF A SLOPE EASEMENT LOCATED
ON A PORTION OF THE 2000-2300 BLOCKS OF WEST YALE AVENUE .
WHEREAS, in 1993 the City of Englewood needed to construct a roadway slope m
conjunction with construction of Paving District No . 37 on West Yale Avenue requiring
an easement to the City from the property owner: and
WHEREAS. the City no longer has a need for this easement and all conditions of
the easement have been met and the current property owner has submitted a written
request to the City to for release of the easement: and
WHEREAS, the release of this slope easement on West Yale Avenue will allow the
current property owner to incorporate the slope mto the drainage design for a planned
subdivision of the property;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD . COLORADO , AS FOLLOWS :
Section 1. The grant of the release of a slope easement located on a portion of the
2000-23000 blocks of West Yale Avenue to the current property owner, attached
hereto as "Exhibit A " is hereby accepted and approved by the Englewood City Council.
Section 2. The Mayor JS authorized to execute and the City Clerk to attest and seal
the easement for and on behalf of the City of Englewood . Colorado
Introduced , read in full, and passed on first reading on the l ith day of April . 2000.
Published as a Bill for an Ordinance on the 21st day of April , 2000 .
Thomas J . Burns, Mayor
A'ITEST:
Brenda J . Castle, Deputy City Clerk
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I , Brenda J. Castle, Deputy City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy of a Bill for an Ordinance,
introduced, read in full, and paeeed on first reading on the 17th day of April . 2000.
Brenda J . Castle
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PG0080·0061 07 /04/9'3 o,, 16
Wl#ME cmITT , CO IE 10.00 ID: .00
SLOPE EASDIE.''T
TH!S EASEMENT ~~t. made this ..2nd...-d.ly of /ui :,. 199 3 by llld bcrwe~~ R:c~d ~. li )Je ..
Jr. of Ar-,:~ Cllllllly Cclcr:ado. bemnanC! refened to as GDmOr. aDil the C:ty of E:,glewood. • Co!or:id ~
Mllllicipal Coq,or:llion. bcreinafter n:!=<1 ro as Gr:amee.
\'.'HE~.:'-S . GrJ!:te= ~..s to .. ou.s ~ru=t J!ld :':W nuin .1 =-o.ldw:y slo p.~ :Jo o; J po rt io n of :.he :C ... -0 tu :; ..
hiocks o f \\'est Yllc Avenue . Engtewootl. C o!o r.uJo .
\\1iER.EAS. it is adv:w.~geous to .:on.-."!.""'\!Ct thi s ·lope ,oocurr:::: with :.!le coostn:.crio c ·J f "w.JJ We · t Y.i . .:
Avenue lS p.ut of c :cy of f:nglcwOOO . C :!o ~u ~vu:is 1.)istrict So .. r;
NOW . THEREFORE . IT IS AG?J:Ev t,c,i,.·en Gnntur llld Grattc-: JS fo Uc·..-s :
L Gramor . for led 10 ;omidendon v f tbe sum of S 3 . .500 .00. in h=?.":d pciJ to Gr_:::o:-. t.~:.: n.--..:-,pc . •
,..tjch is hcr:t,y xkoowlcdj:ed . gr:ul~ in:J .;t,nvc:·s tO Gnllt::: lD e:isc:n:r:.t over .1,.n.c! JC:iJSS tr.c: !"ol:o \:..i;1~ :-:::! c:n.:.:
sirua11: in cbe COllllrY of Ar.ipahoe . Coler-...!,.,. to wit:
TI1C ,out• 15 £e,:t of L,.,ts 9, 10 . 1 1 1:. t:i. I~. 3.Dtl 15, BI IJC < ll. Svut.1-.llwn G.1Id ecs
.!. nus e:scmrot <ihall indwl: tb= ri sbt for Gr2nt~ to :r.::r Outt.l t.'le ?:o?C:-:.:, ~ r.:-.::::,:;~J:-:: fo r :: .
,oasmu:ti on :wd ~ntc:lalk.::: uf ~ roa.tl w.1:,,• sf~pe .JdjJc~nt co Yl.lc A,::::uc iu.:!u tl ii:g the r.·u •.ec::::: 0f \.c ~: .. ;.;-
rr.achicery. U:U equirmem 21.:ro~ the Prc pcny .
3. This d!:erocnt shal! be val id Jllf~ rctr'..3.ia in effeo.:t u..·uil sui..~ ti a:.t= .~ Ul:: Gt"J..C:or . hij he::~. •.!.:L:!''"'l •1r ,.
•>r mip:.s oh:!11 511 hi, 31.lj~::nt land 10 a kvd w~ereb y tile <lope inc:rsc<:ts o~e n;;i:t <'i wa y li ne u f W:" Yll:
Ave:rue. Lipoo completio=i of said sl o~: worK . the Grmtor will noufy . in ·.vn ting . We City ur C:1 ~!::wvo:J.
Co lon(!o. wUo. upcn their ~vor~l.: iusp~.::tlln o f said .slope wurk. ""iii rel :::t,:: ~.his c:isc:.ncnt.
4 At cc ti =no: he~-::r ~C,;.Ul th~ Gr:in~~L hi s h:irs. sui:::ssors . or ~~:g~. :Jr :m~mu: d .liJrj u}: b~. :.l" ... "'t)u~:1.
or wwicr ~;m . pcr fo rr.1 J . .n y Jr.:t ur tbi::f '.\'h~~h :s or m.F.y be :.k:rirne~:,:j to . l'C h:i "::: .m: .. :~vc:s..: ::(: . ...:~ u;-<Un i;,:
~t:lbiiit)' :,( •,:u,j rC ::tlWJ't.' )10t'1:, 11 !' Wh id~ ..:!:!:J ! i "lt::rf::,: ~(b :.!:c no·.v ,~( Jr.u:~I!\.'. , . ~ -
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COUNCIL COMMUNICATION
Date Agenda Item Subject:
April 17, 2000 Release of Slope Easement
11 a ii on West Yale Avenue
INmATED BY:
Deoartment of Public Works I STAFF SOURCE:
Ken Ross . Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Slope easement was accepted by the City of Englewood in July . 1993 .
RECOMMENDED ACTION
Staff recommends that City Council adopt a bill for an ordinance releasing a slope easement on a
portion of the 2000·2300 blocks of West Yale Ave .. described as the south 15 ft. of lots 9· 15 , Block
21 , Southlawn Gardens, City of Englewood, Arapahoe County , Colorado , as recorded in Book
7016, pages 080-081, Arapahoe County Records .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In 1993, the City of Englewood needed to construct a roadway slope in conjunction with
construction of Paving District No . 37 on West Yale Avenue, which required that an easement be
obtained from the property owner. The City no longer has a need for this easement. All conditions
of the easement have been met, and the current property owner has submitted a written request to
the City of Englewood to release the easement to the current property owner. The property owner
will incorporate the slope into the drainage des ign for a planned subdivision of the property .
RNANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Letter from Property Owner
Copy of Slope Easement
Proposed Bill for an Ordinance
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December 8 , 1999
Peter Christie
24 Dutch Creek Drive
Littleton , Co
80123
Ken Ross , Director
Public Works
City of Englewood
3400 S. Elati Street
Englewood , Co
80110
Dear Ken ,
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I am the current owner of the property at 2192 and 2264 West College Avenue .
As you know, we are in the process of subdividing the property into 4 lots
(Christie's Southlawn Gardens) and in going through this process the issue of
the Slope Easement came up.
I am told that the provisions of the slope easement have been met and I am1
requesting release of the Slope Easement per Condition #3 of the easement
agreement so that it can be removed from the plat. /
The original Slope Easement is dated July 2 . 1993 and is between Richard A.
Hyde and the City of Englewood. The legal description is Lots 9 , 10, 11 , and 12,
Block 15 Southlawn Gardens .
I am attaching a copy of the original document with this letter .
Thank you for your attention to this matter. Please call me at 303.730.0199 if
you have any questions or if I can help in any way .
Peter Christie
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BY AUTHORITY
ORDINANCE NO ._
SERIES OF 2000
COUNCIL BILL NO . 32
INTRODUQi~UNCIL
MEMBER £{A 4"l
A BILL FOR
AN ORDINAN'CE Al.JTHORIZING .-\.\I I~ERGOVERNME, iTAL AGREEMENT
ENTITLED "COLORADO BROWWIELDS REVOLVING LOAN FUND
MEMORANDUM OF AGREEMENT' ESTABLISHING THE COLORADO
BROWNFIELD'S CLEANUP REVOL\t1NG LOAN FUND BETWEEN THE CITY OF
ENGLEWOOD , THE CITY AND COUNTY OF DENVER, COMMERCE CITY , THE
CITY OF Laj{EWOOD AND THE CITY OF LOVEL.\.ND , COLORADO .
WHEREAS , the passage of this Ordinance establishes the Colorado Brownfields
Cleanup Revolving Loan Fund: and
WHEREAS. the Co lorado Department of Health and Environm e nt received a $1.85
million grant from the U.S . Environmental Protection Agency to establis h a revolving
loan fund to facilitate cleanup of contaminated sites; a nd
WHEREAS , the Colorado Brownfields Cleanup Revolving Loan Fund provides
$425 ,000 of low interest financing to assist with environmental cleanup act1vit1es m
Englewood ; and
WHEREAS , Englewood is represented in a five-city coalition of front range
commuruties. which is established to administer the loan program ; and
WHEREAS . this coa lition is comprised of part1C1pants from Co mmerce City .
Lake wood . Loveland and the C ity and County of Denver; and
WHEREAS , the Colorado Brownfields Cleanup Rev olving Loan Fund prese nts an
opportunity for the Englewood business commuruty by providmg financing for
environmental cleanup activities ; and
WHEREAS , t he new grant co mpl e ments the City 's ex1stmg Brownfield P ilot
Program. which fund s qualified a s sessment activities : and
WHEREAS . the City of Engle wood 1s not required to provide fi n a ncial reso urces to
enter into the proposed intergovernmental agreement: and
WHEREAS . the Environmental Protection Agency provides all funding necessary to
capitalize the proposed revolving loan fund and prov1de each of the member cities with
a $25 .000 administrative budget: a n d
WHEREAS , establishmg the Colo rado Brownfields Cleanup Revolving Loan Fund
strengthens Englewood 's ability to redevelop e nvironmentally impacted sites requinng
clean up :
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NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUN CIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS:
Section l. The "Colorado Brownfields Revolving Loan Fund Memorandum of
Agreement" attsched hereto as "Attachment A," is hereby accepted and approved by
the Englewood City Council.
Sectjpn 2. The Ma yor is authorized to execute and the City Clerk to attest and se al
the "Colorado Brownfields Revolving Loan Fund Memorandum of Agreement" for and
on behalf of the City of Englewood, Colorado .
Introduced, read in full , and passed on first reading on the 17th da y of April, 2000 .
Published as a Bill for an Ordinance on the 21st day of April , 2000 .
Thomas J . Burns. Mayor
ATTEST :
Brenda J . Castle, Deputy City Clerk
I . Brenda J . Castle, Deputy City Clerk of the City of Englewood , Colorado . hereby
certify that the above and foregoing is a true copy of a Bill for an Ordinance ,
introduced, read in full. and passed on first reading on the 17th day of April. 2000 .
Brenda J . Ca s tle
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EXHIBIT A
COLORADO BROWNFIELDS REVOLVING LOAN FUND
MEMORANDUM OF AGREEMENT
Introduction
The purpose of the Colorado Brownfields Revolving Loan Fund (CBRLF) as
represented by its Board of Directors (the Board) is to facilitate the reuse and/or
redevelopment of contaminated sites by making low cost funding avai lable for financing
environmental cleanups . The funding source for this endeavor is a Brownfields
Cleanup Revolving Loan Fund (CBRLF ) grant from the Environmental Protecti on
Agency .
Brownfields are defined as abandoned. idled . or under-ut iliz ed ·ndust ri al and co mmerc ial facilities
where expansion or redevelopme:n is co mplic:ued by re:il or ;,ercei\ ed en \·iro nrnental
contamination. A major barrier to redeve loping Brownfi e lds sites in th e C olo ra do Fro nt Ran ge
area is the fact that contaminated sites face not only the environm ental chal lenge of cl eanup. but
they also have marginal economic pot ent ial Even in the grou.ing Colo rad o real estate market.
properties are being avoided because of liability and cl eanup cost co ncern s
The Cities of Commerce City , Englewood. Lakewood. Loveland , and Denver. the Colorado
Housing and Finance Authority (CHF.\) and the Colorado Department of Pu blic Health and
En.,.ironment (CDPHE) have agreed to cooperate and to create the Colorado Brownfields
Re volving Loan Fund . The initial focus of this fund will be to fin ance enviro nmental cleanups
along the Colorado Front Range within t he five ci ties For that purpose. a coordinated
application for funding was initiated to combine fund ing in the \letropoli tan area .
The participating cities have a "Right ofFirst L"se" for the funds ident ifi ed in the attached budget
(see Exhibit 3) for the ir use in their political j urisdic tions L" pon completion of the work plan in
the EPA Grant and upon closeout of the Cooperative Agreemem (see Exhibit 2). the coalition
intends to continue operation of the loan fund It will at that ti me seek to expand this program to
other areas within the State. New members ma y be added in the future by submitting a request
for membership and signing an updated agreement that obligates the new members to a three year
membership under the terms and cond ition s contained in this original \lemorandum of
Agreement .
In general , CHFA and the other panicipants. will be responsible for outreach and marketing the
CBRLF . CHFA will provide financial expertise for reviewing applications to the Fund , the
Colorado Department of Public Health and the Emironment (CDPHE ) will be the source of
technical knowledge needed to insure successful environmental cleanups ; and local municipalities
will review the applications for consistency with local planning and development plans .
This arrangement is shown graphically on Exhibit 1 .
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The CBRLF is envisioned to be a source of capital for cleanup of both publicly and/or
privately held property.
Due to statutory limitations, CHFA will serve as the fiscal agent for the State, operating
and servicing loan agreements. Repayment of funds including any interest and
principal will be to the CBRLF through CHFA.
Duration
This document becomes effective upon signature by the seven (7) entities below. It will
automatically terminate on June 30 , 2003. It can be extended beyond the initial three
(3) year period by mutual agreement of the signing parties , and can be terminated at
any time with 30 days 'Mitten notice. The participating cities agree to appoint a person
to the Board of Director through June 30 , 2003 . In April 2002 . the Board shall review
th is MOA and make changes as necessary, and the participat ing c it ies can determine
their desire on to extend their partic ipation .
This agreement may be amended as needed by a una ni mous dec ision of the Board of
D,recors.
BOARD OF DIRECTORS
Organization
The CBRLF will be administered through a Board of Directors as its
organ izational entity , with members chosen from each of the participating c ities , CHFA
and COPHE . The Board will meet to discuss issue and make decisions regarding the
use of the Fund . This Memorandum of Agreement (MOA) prescribes operating
guide li nes for the Board of Directors .
Roles and Responsibilities
The Board of Directors may provide assistance with financ ial and env ironmenta l
issues impacing the sale , use, reuse . and/or redevelopment of both publicly and
privately held property within the area where the Fund is administered . The municipa l
Board members are responsib le for : ( 1) ensuring that projects funded under this
program are consistent with their respective City development plans/goals and (2)
prov id ing loan fund policy direction to CHFA and CDPHE .
T he Board of Directors has the ult imate responsibility for approving or denying
applicat ions for fund ing to the CBRLF . The Colorado Department of Public Health and
Env ironment , acting as the "Lead Agency" under EPA grant BL988116-01-0, dated
September 29, 1999, must assure that the Board actions are in accordance with the
terms of the Cooperative Agreement (Exhibit 2). The Board must not spend funds
except for the ir intended use as defined in the Cooperative Agreement and the EPA
Bro....,,fields Cleanup Revolving Loan Fund Administrative Manual(OSWER, EPA
500-8-98.001 , May 1998) located via internet at www:epa .gov/Brownfields .
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Brownflelds Board Members
Members. The Board of Directors shall be comprised of one member each from :
City and County of Denver, Lakewood , Loveland , Commerce City , Englewood, CHFA
and CDPHE. Each member must be authorized in 'Miting to participate on the Board
and must have the authority to make financial decisions regarding the use of these
grant funds for his or her organization .
Chair. The Board shall select a Chair 'Nho shall preside over all Board
meetings . The Chair shall , in consultation with other members of the Board , prepare
agendas and facilitate Board meetings . The Chair may des ignate a member of the
Board to assume the duties of Cha ir in their absence .
Additional Duties . Board members shall perform such other duties and funct ions
as may be required from time to time by the Board .
Vacancies . Should the office of Cha ir become vaca nt. the Board sha ll se lect a
successor at the next regular mee ting or at a spec ia l meet ing called for th is purpose .
Conflicts of Interests . No member of the Board may ·,ote on projects where th at
Board member has a direct personal financ ial interest in any contract or Brownfie lds
Project , exist ing or proposed , that may be brought before the Board . For purposes of
this section , "financial interest" shall mean a substantial interest held by a member, or
member's immediate fam il y , such as :
an ownership interest in a bus iness ;
employment or prospective employment for 'Nhich negotiations have begun ;
an ownership interest in real or per sonal property ;
a loan or other debt or interest in business or rea l property ; or
a directorship or officer ship in a bus iness .
To the degree a member of the Board has a preexist ing actual or appearance of
a conflict of interest, he or she shall immediately disclose the same in writing to the
Board , and such disclosure shall be entered upon the Minut es of the Board .
Changes in Membership . Membership in this program is expected to change
over time . Current members may leave while other entities may seek to join . Current
members may choose to leave after achieving the ir community 's Brownfields goals.
Other entit ies may seek to join the coalit ion in order to benefit from the economy of
scale offered by the existing CBRLF infrastructure . The following sections outline how
membership changes will be accommodated .
1. Exiting Members: Members seeking to leave the CBRLF must submit
their resignation request in writing to the Chair and must give 30 days
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notice. The unused portion of any administrative funds allocated to the
Member will revert to the Fund to be used as deemed appropriate by the
Board. Loan monies will also remain within the Fund and will be
administered in accordance with this MOA and the Cooperative
Agreement by CDPHE .
2 . New Members : New Members will be allowed to join the CBRLF after
submitting their request in writing to the Chair and receiving the approval
of the Board of Directors. New members will be required to sign and
abide by this MOA. Federal funds added to the CBRLF will be managed
in accordance with the Cooperative Agreement , this MOA, and the
CBRLF Administrative Manual. Any non-federal funds added to the
CBRLF will be accounted for and managed separately . (Note : potential
new members are strongly encouraged to discuss CBLRF membership
with existing Board members prior to submitting their CBRLF grant
proposal to E?A.)
3. Membership Eligibility . In order to be cons icered for CBRLF
membership . potential members must have contributed to the CBLRF
either: a ) received an EPA CBRLF grant. orb) rece ived a pub l idprivate
source of funding equivalent to a CBLRF grant (min imum of $50 ,000 00 ).
Frequency . The Chair of the Board may, when the Chair deems necessary , call
a meeting of the Board for the purpose of transacting busir.ess the Chair designates
for suc.i, meeting. Such meeting shall also be called by the Chair upon the request of
two members of the Board for the purpose of transacting bus iness these members
designate in the call for such meeting . No meeting shall be he ld unless all Board
members are given written notice a minimum of seven (7) days in advance .
Order of Business . At meetings of the Board , the order of bus iness shall follow a
written agenda provided to the members by the Chair.
Quorum . For the initial seven member Board , a quorum shall consist of five
members , at least three of which are City Members . If the number of members changes ,
the quorum will be redefined by the Board . A Board member must be present either in
person or by telephone to be counted in the quorum .
In the event of a Board member absence , that Board member may send a
substitute to participate and vote. Additionally , voting by wr itten proxy will be allowed .
Decision Making . There are numerous kinds of decisions that members of the Board of
Directors may be asked to make . As guiding principles, it is the intent of the Board to make
decisions affecting more than one member, by member consensus when ever possible .
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In the event that consensus can not be reached , a simple majority vote will decide the
issue.
Manner of Voting. Voting by the Board may be by acclamation or by ballot, as
the Chair may designate.
Record of Decision . The outcome and reasoning behind Board decisions
resulting in the approval or denial of any project funding or other expenditure shall be
recorded in 'M'iting and maintained in adherence with Cooperative Agreement record
keeping guidelines. Minutes of any other Board meeting or action are not required ;
such documentation may be recorded at the discretion of the Chair.
Meeting Location . The meeting location will be at the Colorado Housing and
Finance Authority 's facility at 1981 Blake Street, Denver, Colorado , 80202 .
Term of Office. Board Members will serve indefinite terms at the pleasure of
their respective City management.
Public Meetings. The Board may. from time to time , hold public meetings.
Colorado Department of Public Health and the Environment
CDPHE is the Cooperative Agreement Recipient, lead Agency , and Site Manager
CDPHE has entered into the cooperative agreement with the Environmental
Protection Agency (EPA).
CDPHE agrees to make available to each member city adm in istrat ive funds as
identified in Exhibit 3 for use by the c ity in 1mplement1ng this loan fund program .
CDPHE will process cleanup applications in accordance with Colorado's
Voluntary Cleanup and Redevelopment Act. Fees for VCP application review
and approval are to be paid by the appl icant in accordance with the
requirements of that program .
CDPHE is responsible for assuring that all cleanups are conducted in a manner
that is not inconsistent with CERCLA and the National Contingency Plan (NCP)
for non-time critical removals .
CDPHE will review the Engineering Evaluation/Cost Analysis and write the
Action Memorandum as required by the NCP .
CDPHE will identify a BrollYrtfields Site Manager for each site receiving a loan
from CHFA and conducting a cleanup under the VCP . The Site Manager will be
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an environmental professional employed by the State . The Site Manager is
responsible for overseeing cleanups at specific sites including field visits .
Colorado Housing and Finance Authority
CHFA is under contract with the State of Colorado to act as its fiscal agent for
managing and servicing the loan agreements . As the fiscal agent to the State, CHFA
will:
Will be responsible for advertising and marketing the revolving loan fund under
the supervision of the participating municipalities and the RLF Board of o,rectcrs
Will condu~ the financial portion of the loan reviews and provide loan
underwriting and servicing as required by this program
Will be respons ible for providing the part icipat ing mun ic:pal it ies and the Board of
Directors with an assessment on the financ ial strength of each proiect. prier to
final approval of the project by the RLF Board of D1rec!ors
Will provide closing documents and disburse loan funds as appropriate to
successful loan applicants
Will be responsible for managing the funds in the trust accounts , and reveni.;es it
subsequently receives as loan repayments , in accordance with the cooperative
agreement . applicable laws and regulations . the pol icies . instructions and
directions of the RLF Board of Directors and prudent lending practices
Will keep all records for each loan made for a period of not less than ten (10)
years .
Will prepare and provide the financial portion of the EPA required quarterly
reports to CDPHE at least one week prior to the repornng due
Member Cities
Member Cities agree to participate for a full three year period from the date of signature
on this MOA. Member cities have two types of funds designated for their use , loan and
administrative, as identified in Exhibit 3 . Cities agree to use all funds received or direct
the use of funds in accordance with the terms and conditions contained in the
Cooperative Agreement from the U.S . Environmental Protection Agency .
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City and County of Denver
Ron Bernstein , Director
City of Englewood
Thomas J . Bums , Mayor
City of Loveland
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s;anatyras
Commerce City
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Timothy Gagen , City Manager
City of Lakewood
Michael J. Rock , City Manager
Colorado Housing and Finance Authority
Roger Bates , Interim City Manager David W. Heninger, Executive Director
Colorado Department of Public Health and Environment
Jane Norton , Executive Director
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EXHIBIT 1: Colorado Brownfields Revolving Loan
Fund Process Flow Chart
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CO Dept of Public . -,
.. ,Health & Environment ~i --~>~ .. --
Voluntary Clean-up
Program
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R-~-~~tion-·;
Colorado Brownfields Revolv ing Loan Fund
Board of Direct ors
Conducts in itial loan aco li ca tion sc~!!!rHn Q
Oec!ined wttn -•'---
Colorado Brownfields Revolving
Loan Fund Board of Directors
Final loan approva l
Letter of Reiec:,on
Declined • .,,th
Letter of Re1ec:1on
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~ Redevelopment
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EXHIBIT2
EPA ASSISTANCE AGREEMENT
BL988116-0l-O
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RECIPl::\;T COPY
0
U .S . ENVIRONMENTAL PROTECTIO N AGENCY 1. .:.ss 1s7.:.NCE 10 NO . 12. LO G NU MBER
EPA ASSISTANCE AGREEMENT /AMENDMENT 8L988 ~ 16-01 -0 08-3L-OCO
J. OA7~pe .:.WARD b't~ILING OA,E
PART! -ASS ISTANCE NOTIFICA TI CN INFORMATION ':C:. C % ' 199~ w ;~ :5 155::
5. AGREEMEN T iYPE 5. PAYMENT METHOD
c ................ I X 0 -0 "··_,,.__.. 0 4C>41ifv"'._ ACHC8C2 a.--I 1s.....11.....-.... --17. iYP E CF ACT ION --I FINANCIAL \1ANAGt:ME\J7 ;:c;cG;:;.M N E'N ?=C~E:T
S. REC IPIENT 9. ?AYEE
R COLO D E?T . OF PUBLIC H E..\LTH & ENVIPCN COLO C:E?T C F ?1.:EL.:C H E..l.L TH ;.ND E W IRCN E
C HAZAi=COUS MAi'Ei=ilALS & WASiE MANAGEMENT ~00 Cr-E;:RY CRE E:-< JF IVE SC uTri
I 4300 CH E;:RY C?EEK DFl.lVE SCUTrl JEWEFi. :o 202~€-• 5::0
p D ENV Ei=l, CO 8C246-1S30 I
E
N EINNO. I CONGRESS IONAL OIS,RICT 10. ~E C:PIEN T 7YP E
T 84-C~739 ALL S7A7E . CCMMC NW=.\L-:-~. -:::=;: so r
0 11 . PRC JECT MANAGER .:.NO TELE PHONE NO . 12. C::N SUL 7AN7 Vf'l!f'T~a , ..... ~
R DANIE:.. SC HE?FEF\S
G PRO EC, MANAGEi=l N I A
(303) 692-3398
E 13. ISS UI NG OFF ICE (CliY , ST.:.,E) , ~-:.?A. ~c;c ... e.:7 5 7 .:.7 : ::l FF IC~R ANC i E .. E?',CNE NO .
p US ENVIRCNME~AL FRCT ECTlCN AGENCY c s-=;.:,:;;:;:, J . ==c~E ·:-:F =·c;;:=
A G;:.AN-S, AUCrT & ?ROCUPEME:-.i 99 9 :s--S7=E:, SLIT: 5C O
C U.S. :=A . PEG ICN \/Ill, STMS-G ::'J'/"':: ::: ~C2C2 ·24€6 '3C3 l 3 ' 2-i393 •
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N 999 18Trl ST?E:T SC C CSE:..!.... :: E;:L Y
T DENVE?. CO 60202·2466 G ;:.AN-:-S s;:e::;.L.:Si (303) 3 12 -6507
A 15. :?A CONG.IESS IONAL LIAISON, PHONE I Hi. STATE APPL 10 ,c ....... -, 117. sc :ESCE FIE!..O 11 8. ?<\OJ EC 7 STE? C BAFEAF.A BROCKS . (202) 250-5660 NA NA (WYIT C,>~ G.tame 0:l'IN)
T N1A
19. STATU TO RY AUTHORITY 20. REGUU.TCRY AU7h CR I":"' I 2 1. Si'EP 2 -l a. S";"E? 3 W"lt'T :,>~ G,ama Crl't'}
CERCL.\. SE·:. 104 40 CFi=l ?iS 3 1 , 35 S e?7 l .... ,..__..~ I I
0 , ........... ,,.. N1"l. I I :~---·-I I ... , .. -.. -~.-.. ' 22. ?RC.EC T TITL ~ .:.NO DESCRIPTION 3RCW N F !Ei..JS nE /CL /ING .. C;N =;_r,..[) -CCLJ F.AC O COAL T iCN
2J. ?RO JEC T LC C.,,710N .,... ... a.,c, .. ~··OoiaCIC
Clly t ~ c-wy , ·-lc ..,.-i,-..
DENVEi=l CEWE n co ALL
'24 . ASS ISTANCE ?RCGAAM 1CFOA ,,..,. .... • ,._ 66.8 11 · 25. PROJECT PE/;100 126. SUOGET P:;;1co
Brownfi e lC Pilots Coooerative Agreements 09/29,S9 · 09 t 3C 1C2 09/29/99 -09 130/02 • 27. COMMUNITY POPULATION 12a . TOTAL !IUOGE7 PE;;100 COST 129. TOT.:.L PROJEC7 ?E.1 100 COST
r,tWT c~ a,.,,. o..,, N/A S 1,7CO .COO S1 .7CO .OOO
FUNDS FORME;; 4WAMO ,HIS ~C TICN AMENDED TOU L
JG. !,.& A_,,.. Th• AC'lloR so S~.700.JCO
21 . r.,a 1...c1,..a--e 0 0
Ja. u ......... ,~ .,.., s.w.-0 0
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>,1,111 ........ c_...~ 0 0
J&. , .... : ..... 1 ........ 0 0
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,., ov,-.-~..,_,._. 0 0
................... c.. so S1,700 .000 .. S11e Name Ooc u men1 FY .... ~ 1 ...... Program
~"'"" ....... ,-1,,., Cbll;1Uon
F Control r;anau11on Element c, ... rga"l:.atlon Oeobllgat ior
I Number
s 01) ac;:L;= · COLOPADO L3FC09 99 T 08LCD 501080 1.85 0 8000LOO C 001 1,700,0CO
C C OAL!TIO N A
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PAR T 11 • APPROVED BUDGET
SIT: NAME: l!ICRLf • COLORAOO CO ALITI ON ASSIST .O.NC:' •OEN TI FIC.O. TIO N: SL988116-01 ..J Pogo 2 of 5
T .O.Bl.E .o.. OBJECT C :...O.SS c.>,TEGORY TOT AL .O.PP"IOVEO .0.L LO WABLE
tNoi ·---· BUOGET ?ERIOO COST
1. PERSONNEL S20.589
2. FRINGE 3ENEFITS 3 .745
l . TRAVEL 0
&. :OUIPMENT 0
5. SUPP\.!ES 4i
5. CO NT!t&CTUAL 1 5-19 .CCO
7. CONSTRUC710N 0
5. OTHE:'1 i.04G
t . TOTAL OIRECT CHJ.RGES s, 574.521
10. INDIRECT COSTS : 'UTE ' BASE Si:: .APO 25 .479
11 . TOTAL (Shore: Rec!p1on1 ~' Fe<1erol 1 00. 0 'I.) S 1.70C.COO
12. TOT.o.L .O.?DRQVEO .O.SS i ST.o.NCE .O.MCUNT $1,700 .000
T.O.BL: a · ?RCGRAM Et..EMENT C:...0.SSIF IC.i.TICN
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12. TOT.o.L tSh•r•: Aec !c,ent ' Federat ""-l
1 l. TOT .lL .i.PPROVEO ASS ISTANCE .O.MOUNT
TABL: C . ?ROGfl.J.M EL:MEN7 C:..ASSIF ICAT!CN ,~.
1. AOM INIS 7 RA TIO N EX?ENSE
2. PREt.l MINJ.RY EXPENSE
l . L.ANO STRUCTURES. RIGHT-OF-WAY
~ ,. ARCHITECTURAL ENG INEERING !/.SIC FEES
5. OTHER ARCHITECTURAL ENGINE:?ING •eEs
I I . i'ROJECT INS?ECTION FEES
• 7. L.ANO DEVELOPMENT
I. RELOC.lTION EXPENSE
9 . RELOC.lTION PAYMENTS TO INO IVICUALS ANO 3US1NESS
; 1 0 . OEMOUTION ANO REMOVAL
1i 11 . CONSTRUC710N .O.NO PROJEC T IMPR OVE MENT
1 2. ECUIPMENT
1 l. MISCELL.A NEOUS
• 1.a . TOTAL \J-1 """"•:11 I 15. ESTIMJ.TEO INCOME•·--• • 0 16 . NET PROJECT AMOUNT u,,.,. -111
~ 17. LESS : INE \.IG IBL!: EXCL USION S
18 . .0.00 : CONTINGENC IES
19. TOT.o.L (Shoro : Rtte 1p1en1 ___ , Fecerol ___ ""-)
20. TOTAL APPROVED ASS ISTA NCE AMOUNT
.,,. ,. .... '70. ... , .. _ t,.4
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PART 111 -AWARD CONOITlONS ASSISTANC!: IDENTIF IC~TION : lll.9A11M1-4
TERMS AND CONDITIONS
SPECIAL TERMS AND CONDITIONS
1 . The fir st roun c of loans neec to be dispersed to each commu nity as
listed in th e appl icat ion, (i.e., Lakewood, Englewood, Love land , City and
County of Denver).
2. The Intergovernmental Agreement, Bylaws and Guide li nes need to be
rev iewed by the EPA Project Officer prior to finaliz ing.
3. Recipient :i eeds to inc!uce with the quarterly report an attac hed upd ated
Brow nfi elds Management Summary Report . Rec :pient is also
encouraged to report activit ies uncertaken during th e repcrt ir.g per icc
that are not tun cec by E?A, includ ing leveraged ac::ivities, if :hey
occ:.mec as part of the p·1ot's broacer Brownfie !cs receve !ccr.;ent enc
reuse effort s. Tnese ac::ivities shou ld be c!ear :y icer.tified secarate !y
from any ac::ivit ies direc:ly supp orted by EPA tuna s.
HOTEL AND MOTEL FlRE SAFETY ACT 1990
4. The rec ip ient agrees to ensure that all space tor conferences , mee tin gs . conver.tions.
or training funds in whole or in part with Federal tunes comp lies with the Hotel and
Mote l Fire Safety Act of 1990.
AECYCL!: PAPER
5. Purs l.!ant to EPA Order 1000.35, cated January 24 , 1990 , tr.e r0 c:pient
agrees to use recycle paper tor all reports wtiich are prepared as ;:iar. cf thi s
agreement ar.c delivered to th e Age ncy . This requ ire ment cces net ap:ly to
Standard Forms . These form s are printed on reryc!ec pape r as ava il abl e
through the General Serv ice Admin istration .
M6EJWBE NEGOTIATED GOAL· STATE ENV IRONMEN TAL AGENC IES
6 . In ac::orcance with EPA 's Program for Uti lizat ion of Small. Min ority and Women 's
Busin ess Enterprise in procurement under ass istan ce programs, the rec ipient agrees
to :
a) Accept the applicable FY 1998 "fair share ' goal negotiatec wit h:
o/o MBE %WBE
Personal Serv ices 5.8 3.2
Equipme nt 5.2 3.3
Suppli es 5 .2 3.3
Cons truction 5 .6 3.3
b) Ensure to th e fulles t extent poss ible that at leas t applicab le "fa ir share " objectives
of Federal funcs for pr ime contracts cir subcontracts for supplies . construction ,
equipment or services are made available to organizations owned or controlled by
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""RT 111 -,.WAl'IO CONCITIONS ASSISTANCE ICENTIFIC.l TlON: 8L91181 t 6-41 -4
soc:ally disadvantage individuals, women and hi storically black colleges and
universities .
c) Include in its bid documents the "fair share" objecives and require all of its prir.·~
contractors to inc!ude th eir bid documents for subcontracts ·he negotiated fair share
percentages .
d) Follow the six affirmative steps stated in 40 CFR 30 .44 (b), 40 CFrl 31 .36 (e), 40
CFR 35 .3145 (d), or 40 CFR 35 .6580, as appropriate .
e) For ass istance awards for continuing environmental program and assistance
awards with institutions of higher educaticn , hospital and other non-profit
organizations. submit EPA Form 5700-52A. "MBE/WBE Utilizaticn Under Federa l
Grants, Cooperative Agreement and lnteragenc1 Agreeme nts " to the EPA Award
Official by Oc:ober 30 of each year . Other prcgram reports must t:e submitted to th e
award official within 30 days of the end of th e Federal fi scal c;uar:er (J anuary 30 , April
30, July 30 , and October 30).
f) In the event race and /ge nder neutral effort .. rove :o be inadec:;uate :o ac hieve a air
share objecive for MEE1W8Es, the rec ipient agrees to notify E?A in advance of any
race and/er gender conscious ac:ion it plan to take to more close ly achieve ·he fair
share objective .
SEE ATIACHMENT B FOR BROWNFIELDS REVOLVING LOAN FUND TERMS AND
CONDITIONS .
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ASSIS, .I.NC: <OENTl F<CA TI CN· 9L91811 6-0 1 ~ P•ge 5 ot 5
SE'!ClAL CONOITTONS ,_
PART IV
NOTE; The A;rNment must~ ccmple1ed In dupllc•t• and the Ori g inal return.a t o the Grants ~am,n1s:ratlon 01-.1sl on for Headquaners
awards and to tt'le 1pproprfa1e Grants Aam1nlatra1Jon Office for State and local 1warc1 wrth1n l ca lencar v.eeks after receipt or
-In any U11111aion of ttme aa may be granted by EPA.
Aecatpt at • wrtnen retuul or failure to return the properfy e1ecvted document \'Within ~l'I• prescrl b.cl time . may rnun In the
"'1llclr-l of the oller by ,11e Agency. Any change to !he Agr•in-by ,r,e roci p1em su~uem to tlle document bei ng signed
lly Ille EPA A-d Offlc:ial, ""'lch tt,e Award Official determlnft to materi ally oner ,i,e AgrNtn1111t . s1,a11 •ol d 11,e AgrNment.
OFF!" .I.NO ACC!:?T .I.NC!:
The Unned Statft of .i.mertca. ac:1 1ng by and tllrouvr, tl,e U.S. En•lronmental ?rotec:,lon .l.geney (E?A), hereby on~
......_"c•1amendment to the COLO DE?T. OF ?UBUC HE.~LTi"' ! ::NV 'FCN REC IPIENT dAG.\NlzA , ICN for 100. JC , of all appro•ed
coe1a lnc:urred up to and not HcNdlng S 1 700 .000
ASSISTANCE .I.MOUNT
for 11,e suppon of appro•ocl budget period anon deacrlbed
In application On cludlng all application modifications) cned In nem 22 ol tl,ia AgrMmem
08/17/99 8RCWNF IELD S REVOLVING LOAN FUND· CCL8FADO CO
CIXT'E ANCl TIT[!; , Included herein by reference.
ISSUING OFFICE ,_ --OM.< AWARO APPROVAL OFFIC!: • ORGANIZATION / AOORESS ORG.I.NIZA 71 0N / AOORESS
GFANTS , AUDIT & PROCUREMENT G?.ANTS . AUDIT &. PRCCUREMENT
U.S. E?A, REGION VIII, BTMS-G US E?A, REGION VIII , BTMS-G
999 18ir-t SiRE:T 999 1 err; STRE:i, SUIT; 500
DENVEFI, COie0202-2466 CENVEFI. CO 80202-2466
I I If 'IIHE'UNITEO STATES OF AMERICA BY THE U.S ENVIRONMENTAL PROTECTION AGENCY
SIGNAT1;)Jf'.,0f,AWARDJl,F;'fC~ I TYPED NAME ANO mlf WA YNE ANTriOFEFI.DIRECTOA ,~p ~ 195~ f/' / ' A j :1
1 G?.ANTS . AUDIT & PROC UPEME:--.1, PROG?AM OFi=IC E t.:
Thi• aor.Jme~• su~ to applicable U.S. Environmental Protecti on Agency •tatU1ory prov,aJona and aulstance ret;ulatJona. In
accepting tti/9 r,ward or amendment and any payments made pursuant thereto, (t ) the undersi,aned represents that he Is duty
authorized ,tact ~n behalf of the recipient organization, and (2) the rec ipient agrees (a) that the award Is 1ubJec<: to the
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applicable pro•l1lon1 ol 40 CFR Chapter I, Subch1p1er Band ol the pro•laiona ol thi s agrNrnent (Pana I thru IV), and (b) that
acceptance of any payments consti1U1H an agrNm1nt by the p1yff that the amounts, rt any found by EPA to have bHn
overpaid will be relUnded or credNltd In lull to E?A.
BY .I.NO ON BEHALF OF THE DESIGN.I. TEO REC IPIENT ORGANIZ.I. TION
SE!IAT':~\ · I TYPED NAME ANO TITLE JANE E. NORTON
I
CATE
/.;., /.:,,( .. EXECUT IVE DIRECTOR .'/// i· /c;<;
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Model BCRLF Terms and Conditions
I. GD'ERU FEDERAL REQUIRE:\1ENTS
A. Feder.ii Policy :and Guidance
"In impler:1e:11ing th e demonstration pilot, the coope~ative 3greeme:it recipient shall
cons ;d er E?A guidance for the BCRLF program as wr inen in the '9CRLF Administrativ e
Manual, dated '.'<lay 1998, inc luding any updates made to the Acministrat iv e '.'<13nual and
all other Fede~! brownfieids policy and guidance. Applicable ~ .. ;mnes and regu lat ions
take precedence over any desc:iptions conuined in the m:inua l. .~pplicab lc surutes l!ld
reg ulations include , but uc not limit ed to. CERCL~. 42 t:SCA §§ 9600 l to 96 i 5; .10
C.F.R. Pm 31 (l'ni form Admin istrative :lequirements for Grants and C co pc~lt iv e
Agrce~ents to Sute :i."ld Loca l Governme:its ); .10 C.F .R. ?31'! 35, Subpar: 0
(Coope~ative Agreemc:its ior Supe:fund Response .\c:icn ); l!ld ~o C.F .R. Par. :;oo (the
NC?).~
B. Cross-Cuniag Feder.ii Requirements
CroSJ-<:llll ing rtq11iremtnrs are chose which. in addition 10 CE.~CL~ ;;me; ass oc ia1ed and
admznisrra1ivt cnirhor :tits. are applicable 10 the BCiU.F b.v optr::11 ion of s1a1u1u , enc-.,1rve
ordus. and rtglJiaions 01her than CERCU and aSJoc iattd tldmm:srr:m ve :::u1hor!llt.s .
F!dt~al !nv ironmental requirements will be ideniified and appl ied on a sire-by -s ilt basis as pan
of the BC.W response se!ecrion process. Therefore, env ironmer.tal sraru res . e:cec-.,rive orders ,
and regularions have!:!£! been included in the list of app li cable cross-c:.,mng requiremtnrs (Ste
rhe BCRl.F Adminisrrative Manual St?crion IX.B ., .foplicablt Cr os s-Cu11trs ) acepr as they re/are
to specific soc ial or ec onomic issues. See rhe BCRLF . .fdmin isrrarive .\,/arrua/ Section V.B.2.(c)
Reauiremenrs of other environmenral laws (i.e. ..fR.~.'g ) f or a disc:.ss ion on the applicarion of
tnvironmenral iaws 10 BCRLF response acrions .
S11cia/ and Economic
"The cooperat ive agreement rec ipient is respons ible for comply ing with all applicable
cross-cuning requirements . EPA has developed a li st of cross-cun ing requ irements that
may apply to the BCRLF (sec the BCRLF Adm inistrat iv e '.'<1anua l Section lX .3 .2., Social
and Econom ic Cross-cutlers for a list of cro ss-c uning require~cnts). Additionally, other
cross,cuning requirements arc referenced in Sundard Fonn 424B, ent itled "Assurances
Non-Construction Programs." The cross-cuning list l!ld Standard Form 424B may not,
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however. identify all cross-cuning requirements, and the coopenti've agreement rec ipient
is not re lieved from responsibility for complying with a c:ross-.:un ing :-equirement
because it is not included on the cross-cutting list or St:indard Fonn J24B. The EPA will
prov ide Jdd itional guidance on the app lic:ibility of spec ific cross-.:uning requ irements ii
requested 10 do so by the cooperative agreement m:ipienL"
"Cooperative agreement re1:ipients 1lso are responsib le for :nsuring that borrowers.
including borrowers receiving non-BCRLF loans guaranteed with BCRLF .:ooperat ive
agreement funds, comply with all applicable cross-.:uning requirements . A term,
condition or other legally binding provision relating to c:ross--::.nting requirements shall be
included in all loan or financ ial assistance agreements ente:-ed into with funds prov ided
under a BCIU.F cooperative agreemenL The cross-.:uning list and Standard Form 424B
identify cross-.:uning req•Jir:ments that may be 1pp lic:1ble to borrowen. The cross-
cuning list and Standard Form J24B may not, however, ident ify all cross-cutting
requirements, and :he cooperative agreement recipient is not re ii ev ed from respons ibili ty
for ensuring that borrowers comply with a c:oss-cun ing requ irement bec:iuse ,t is :iot
included on the cross-cuning list or Standard Form 4:JB ."
~cross-.:uning requ irements app ly to loans :hat are ~nded uncer :h i5 coo per:it iv e
agreement in comb inat ion with non-Federa l sources of funds , and :o loans l"''arded is a
result ofBCIU.F loan guarantees. to the extent of the Fece:-:i l p.it!ici pation :n :he loan .
Cross-cuners app ly not only to the initial loans made with Fe der.i i :'1:nd s but 1lso to
subsequent loans made with progr:un income de ri ved ircm Federal ;,artic :pat ion in the
fund. Within 90 days of the.date of award (i.e., the cooperative agreement sun date ), the
cooperative agreement rec ipient shall advise the U .S . EPA Project Officer of the approach
for ensuring compliance with cross-cutting requirements app licab le :o th is cooperative
agreemenL" ·
Coo~ra1iw agrttmtnt r,c:pi,nts may rake on, of riv approach,s li.rred btlow ro tnsurt that
cross-c-Jlting r,quir,m,nts 7t m,r:
a. /r.cludt a rtnn or condition in riv loan agr,emenr whicii will re quire rh,
borro....,,r ro maintain r ecords which stgregatt up,r.di11,rrts from Ftdtral and
non-F,d,ral sourc,s. rne cross-c-.Jlling r,quirem,nts apply ro th, F,d,ral
ap,ndirwes.
b. Us, an ·• ,quival,ncy ·· approach which refl,cu rh, amoim1 of F tdtral f unding
includ,d in the coop,ra1ivt agre,m,nt rtcipitnt 's. loan pool. rne coop,rativ,
agretmtnl rec:j,i,nt has rh, discretion 10 choos, wh ich loans are sub11cr ro rh,
cross-c-.irr ing requirem,nts as long as rh, cross-c-.1t1,rs art appii,d in proportion
ro the amount of F ,d,ral funds in riv cooperariv, agrttmtnt r,c:pitnl ': .oan
pool. An appropriate r,rm and condi1 ion shall b, includ,d in al/ loans subject ro
cross-o-u1ting r,quir,m,nts .
c. Apply the cross-c-.irr ing requirtmtnts to all loans fand,d wnder this
coop,rative agretmtnt. An approprialt r,rm and co ndit ion siia/I b, incfudtd in
all loans subject ro cross-c-.11ting requirtmtnts.
"The coope:""Jt ive 1greement rec :pient shall comply with the Davis Bacon Act of 1931 .
Pursuant to CERCL.\ I 04(gX l ), the Da vis Bacon Ac: appl ies to consll"Uction, repair , or
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ilter3tion work funded in whole or in part w tth 3CR1.r loans . or guanntccd with BCRLF
funds. A term lnd co ndit io n ensuring that borrowers comply with the Davis Bacon Act
shall be included in all loan lgreements made w ith BCRL: funds provided und~ this
cooperltive agreement."
C. St3te Agreements
in accordanct with JO C.F.R .. 335.6::05{c), BCRLF cooperative agr!eme111 rec::oients mu.st obtain
and forward 10 the U.S. £?.l wr 111tn agreement from the state that the cooperative agreement
rec:p,enr rnay asswne :M lead responsibiliry for removal .:icriviry ar a parric-.,/cr sire. The state
mcy agru 10 .;ooperatr,e agreement recipient lead removals on a sue-by-site or programmatic
basis. Tnrs requirement is in addition 10 and dist inct t?-om . the 'nrer go ver-:mental review under
JO C.f R. Part 29 requ ired 10 inir iare :he co operative a gr!!menr (see .. '-lode ! BCRJ.F Tams and
Conditions. Section l.D. !nrergove~nmenral Review). If such an agreement :::nnot be obtained
prior to cooperati\·e agreemem sip:arure, 1hen rhe fo llow ing _:;arcgr:::ph mu.st oe included :n the
c:,aperauve agreeme111.
~P ri or to inc urring any costs under :his ccopcm ive 1greerne:,t 1ssoc:ated ·.-,ith 1 g iv c:i
site, the rec:pie:it shall o bt:1in, md shall :or..,ard to the~?.~ ?:oj ect o ffice:, wnnen
agreement from the St:1te :hat the rec ipient may as sume the lead respo ns ibiiiry for
removal activi ties Jt that site ."
D. JntergovernmeDt3l Review (l.'nder Feder.ii Gr:int5 Regubtions)
£?A.Headquarters Grants Office approved rhis approach. Tne inte~govemmentai review should
be completed as parr of rite appliccrron ;aclcage before the award is sip:ed unless :mu.rue/
circvms:ancts prevent rht comple:ion of :he process. If ii is rra:, ;lease include the fallowing
condition in the coopera:ive agreement:
~Proposers are responsible for contacting their Sl3te l ntergovcmmenul Review Office
(s ingle po int of contact ) to initiate appliclb le review processes as soon as possible after
receiving notific:it ion oi intent to award (see 40 C.F .R. Part :!9 ). If no State
lntcrgovernmc:iul Review Office exists for a g iven sutc, or if the state has not selected
the BCRLr prog.r:un for review, proposers are responsible for distributing information
about their prospective lpplicJtion to each relevant revi ewing agency . BCRl.F
app li c3t ions are subject to §:!04 of the Dcmo nsO'Jt ion C ities l!ld :",,lcO'opolitan
Development Act o f 1966 (see 40 C .F .R. §:!9 .8(c ))."
~The surt of work shall be delayed until the intergovernmental revi ew process is
completed. The process is deemco complete if the reviewing Jge:icy has had a 60 day
review period, or ;,rovides commc:,ts prior to the expiration oi this period . If comments
requiring a response by EPA lre provided, then the process is deemed complete when the
comments arc resolved .
E?A reserves the ri ght to res.:ind an award lnd de -ob liga te fund ing based on comments
received during the intergovc:n.mcntal review ."
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II. GE~ER.\L COOPERATlVE AGR.EEME:NT
ADML'ilSTRA TIVE REQUREMENTS
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A. Subst:anti:al EPA Involvement
It iJ a.peered that U . .i. 's degree of involvement will ·,ary baud an the level of aperience and
expertise of the cooperative agreement rec ipient 10 imp lement cleanup and f und .r.anagement
requ irements. The fo llowing language may need ro be modiJ:ed 10 acc ount f or reg ional and pilot
differences :
"The l t.S. E?A 3nt ic :pates be ing subsuntia ll :, invo lved in overseeing and mon itor.ng the
BCRLF prognm . Substantial involvement by the U.S. EPA gene:ally covers such
activ it ies as : mon itoring; review :ind approv al of pr ocedures for site and !oan rec ipient
se lec:ion ; re vi ew or lpproval of project ph3 ses ; approval of subS"wntive te:.ns in c luded in
contrac:s; l!ld oversee ing ope:-ational mane:-s . Sub stan t ia l inv olv ement ::,y the U.S. EPA
in cl udes rev iewing financ ial and environme:na l starus :cpor.s, approving site-specific
Comr.i un ity Re lat ions ?Jans and qua lity as;urlnce pr oj ect ;,ia ns.'sampl ing plans and
ensuring that 111 env ironmental cle:inup Jc:ion s in iti ated under the 3CRL: pr ogram are
c onduc:ed in 3ccordance with CERCLA :ind co ns istent with the ~CP ."
~The U.S. EPA is responsible for monitoring 3CRLF piiots ' fu lfill ment of all report ing,
recordkeeping, and other progr.im require:nents ."
B. Approved Deviation Request
Approved deviation requests are arzached. (see the 3CiU.F Adminisrrarive .\Janual Append:z H,
Approved Deviar ion Regue;t/.
C. Insur:ance Cover:ige for the Cle:anup
"The cooperative agreement rec:pient may ;,urchase insurance, including environmental
insurance, if the expense is incidental to costs it incurs as a lead agency assoc iated with a
spec ific loan agreement or site cleanup. Purchase of environmental insurance by a
cooperative agree:nent rec ipient is subjec! to the I 5 l)CICCOt 1dminist T3t ive cost lim it ."
"The cooperat ive 3greement rec ipient may 11l ow borrowers to purchase insurance,
in cl uding environmenta l insurance, if the :x;:ense is inc idental to, and associated with
BCRLF cosu it incurs for site-specific cle:l.llup act ivities (e.g . workers compensation).
Incidental insurance purchased by a borrower is not counted against the borrowers's ten
percent limit on administntive costs ."
"With U.S. EPA approval, BCRLF funds ma y be used by a borrower for the sole puljlOSe
of purchas ing envi ronmental insurance ii the pu rchase of such insurance is necessary to
carry out other removJI 1ctivities. Removal act ivities associated with BCRLF funded
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i1Uurance must be ::uried out in accordance with the te:-:ns and cond it ions oi the
cooper.iu ve agree:nent, CERCLA, and the NCP ."
U.S. Ei'A Reg io,u mvs1 rece ive E.".4 headquaners approval in order to authori;e the use of
BCRLF fimds for riw solt pur?ose of purchasing errvirorimema l 111.r-Jrance .
D. Cooperative Agreement Recipient Roles and Responsibilities
"The cooperat ive agree:nent rec ipient is the "le:ad agency" as defined in the :-JC?. The
le3d agency is responsible for ensuring that BCRl.F response ac:ions are conduc:ed in
confonnance with CERCLA. the "'.IICP, and the te:-:ns l!ld co ndit io ns of this cooperative
agree:nent. As the le:ad ager:cy, the cooperative agree:nent recipient is Jlso responsible
for des ignating a qualified gove:nment e:nployee as a "browntie!ds site manager" to
coord inate, direc:, and oversee BCRLF response actions at a ;:art icu lar site . The
brownfie lds site :nanager is an on-scene coordinator (OSC) and is respons ible fo r
carry ing :,ut the OSC duties described in :he ~CP. T.,e cooperativ e Jg:-ee:nent rec ipient
ma y ac ~u i.re or othe:""N ise engage the serv ices of e ther entities th at nave exper.ence with
ove:-se:ir.g and c:ir.; ing out environrnenul response Jct ions :o ass ist it in its cJp:ac ity :is
lead age::c;,; however, the role of"le:ad agency" C31UlOt be assigned or de legatec to any
ent ity other than the coo perative agree:nent rec ipient. "
"The cooperat ive agreement recipient shall act as or enlist the services of a "fund
manager." Fund management responsibilities inc!uce those related to financ ial
management of the cooperative Jgreement recipient's loan program . The cooperative
agreeme:it recipient may acquire or otherwise engage the services of other entities that
have experience with fund management activities to assist the cooperative agreement
recipient with fulfilling its fund management responsibilities ; however, the cooperative
agree:nent recipient remains accountable to E? A for the proper expenditure of
cooperative agreement funds ."
"The cooperative agreement rec ipient shall ensur. :hat BCRLF bor:-owers comply with all
ider.il and state requirements as well as the intent :>i the BCRl.F program. The
cooperative agreement recipient shall ensure that t.'le lead agency, the brownfie lds site
manager, and the fund manager consult wit.'l e:ach other ;,rior !o any final loan decisions
and as loan agreements are developed to ensure that all BCRLF environmental response
requirements will be met and that BCRLF funds ire used -,nly for authoriz.ed activ ities ."
"Tne cooperative agreement recipient shall enter into legally authorized wrinen
commitments (see Se::tion 11.G . Written Comments) to obuin the services of other
q:.ia lified agencies, organizations, or indiv iduals. Notwithstanding Jny such written
commitment, the Cooperative Agreement recipient, remains legally responsible for
carrying out all the tenns and conditions of the cooperative agreement ll!d complyiAg
with CERCLA and the ~CP ."
[. Written Commitments for Fulfillment of Cooperative Agreement Terms
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Any rransac11on involving the rran.rfer of cooperazivt agreement fu ntb (with tht ace pt ion of
loans) 10 acquire goods and services mu.sl comply with 40 C.F.R. §35 .6550 through §35 .6610.
Cooperative agrermtn/ recipients may uu contrac:s or , when appropriatt. intergovernmental
agrre1Mnts as defined by JO C.F.R. §35.6015 (a) to obtain ,recessary goods and services. See also
40 C.F.R. 35. 6550 (a)(l I). Please nott also that BCJU.F recipients cannot make .. ~,,bgranlJ " 10
nonprofit organi:ations. Howevtr, cooperative agreement rec ipients may enter into Memoranda
af Understanding or oz her agreements which do no1 rransfer funds ro any appropria1e entity.
MThe start of work shall be delayed until E?A approves the substantive terms of any
agreements (including non-financial :lltemoranda of Understanding) berween the
cooperative agreement rec ipient .ind entiry se lected ;is fund manager and any entity which
provides services that the rec ipient will re ly on as the lead agency .ff
Ill. FINA.~CUL ADMThlSTR.\ TION REQL'IRE:Vl.ENTS
A. Eligible Fund Uses
"BCRLF funds shall be used for non-time c::tic :i l re:n ova l ac:iviti es only (as de :in ed in
CE.RCU. §101(23 ) and described in JO C.F .R. §300 .J JS).~
"BCRLF funds .may be used for sites that :ire :
• Publicly-owned, either direc:ly by l :nunic ipa lity or ind ircc:ly :hrough a quas i-
public entity such as a community development corporation; and
• Privately-owned and with dear rnellls of recouping BCRLF expenditures (e.g .•
through lll agreement with the owner or developer or through a lien or other
security interests) -this includes sites undergoing purchase by an entity who
meets the definition of a prospective purchaser."
B. Ineligible Fund Uses
"BCRLF funds shall !!£1 be used for any of the following activit ies :
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Pre-cleanup environmental response activities , such as site assessment,
identification, and characteriz.:ition .
Cleanup of a naturally oc curri ng substance, products that are part of the structure
of and result in exposure within residential buildings or business or community
sttuctures (e.g., interior lead-based paint co ntamination or asbestos which results
in indoor exposure), or public or private dr ink ing water supplies that have ·
deter iorated through ordinary use •• exce pt as determined on a site-by-site basis
and approved by EPA Heldc;uaners, cons istent with CERCL.l. § I 04(aX3 ) and
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• Mon itor ing and data collec:ion necessary to Jpp ly for , or ,ampl y w ith ,
environment.ii permits under other state md Federal laws , unless such a perm it is
required as a component of the cle3nup action .
• Deve lopment advities that a.re not removal ac:ions ( e.g .. constrUct ion of a new
fac ility or marlteting of propeny)."
• Award funds shall not be used to support j ob train ing .
• Award funds shall not support "lobbying" efforts of the cooperat iv e agree:nent
recipient (e .g .. before the U .S. Congress, state legis larures , the U .S. EPA , or other
Federal agenc ies ), as described in E?A guidance."
" BCRLF funds may !121 be used at any sites :
• Listed , or ;,re posed for listing, on the ~ational Priori ti es Li s:;
• At wh ich a :emoval aciion must be taken with in six :no nths (i.e., tim e cri tic3l
remova l act ion );
• Wbere a Federal or ;ute agency is ;i lanning or conduc:in g 1 response or
enforce:nent ac~ion; or
• Conwn inated by petroleum products except to address a :i on-petrol eum
haz,ardous substance (e.g., co-mingled waste).
C. Noa-Clc:aaup Rel:ated Restrictions
If reqvesr,d to do so by tht coop,raziw agrecmtr.t recip ien t, EP:~ will prcrv-iiu ~se-;pec:fic
gwidmct"" whtther i,orrOWCS may 11.St BCRLF f unds to mat cost shar:ng or '""tc:hing
reqvirements fr,r "7'.0thtr Fedc al grant (4() C.F .It Part 31.-4(1,)). rnL :ist af BCR L: f unds :a
m«t cost s}wring rttjll iremcits of state or local grants is a matter of s:a:e or local aw .
1'be cooperati ve agreement rec ipient shall adhere to the fo il owing non-cl eanup related
restrictions on the use ofBCRLF pilot funds :
• A cooperat ive agreement recipient shall not use award funds to meet a co st
sharing or matching requirement for another Federal grant unless there is spec ific
st:1rut ory authority for the arrangement. CE.~CLA does !121 prov ide such
authority .
D. Borrower Eligibility
• ~ Absent prior EPA approval, the cooperative agreement rec ipient may not lend to
another agency or component of the recipient of the Agreement ."
"Tne coo perative agreement re ci pient shall ensure that 3 pany which is
determ ined 10 be a generator or transporter of contamination at a brownfields
site(s ) is inel igibie for a BCRLF pilot loan for that same site ."
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• "The coope:-3tive 1greement ~e::ipient may initi ally find that an owner/operator of
a brownlie ids site(s ) is :m e!ig ible borrower for a BCRLF pilot loan for that same
site only if: the leld Jgency can determine that an own er/operator would fall
under 3 sun:tory exemption from liability; or that the E?A could use its
enforcement discretion to not pursue the party in question under CERCLA, as
described by EPA guidance. The initial findings made by the lead agency,
however, by no means limit the enforcement disc:etion or authority of the
Federal or State government. The lead agency shall maintain documenution
demonstrating the eligibility of the owner/operator."
• "A borrower must submit infonnation regard ing its env ironmental compliance
history . The cooperative 3greement recipient will nrongly cons ider this historf
in its 311alysis of t.~e borrower as J cleanup and business risk.''
• "E.ich borrower must certify that ihey lte :iot ,urr:ntly, nor hav e they been.
subjec! to any penalties resulting fr om environme ntal non-comp iiance at the ;ite
subject to the Joan."
• "Someone :hat has been suspended, debarred, or otherw ise ded ared ine ligible
cannot be a borrower."
E. Use of Progr:1m Income
"For BCRLF purposes, program income shail be defined as the gross income received by
the cooperative agreement recipient, dircc-Jy generated by the cooperative agreement
award or earned during the period of the award (the time berwecn the eff=ive date of the
award and the ending date of the cooperative 1grce:nent, as defined in JO C.F .R. §31.15 ).
In accordance with JO C.F .R. §3 I .25(gX2 ), the recipient is authorized t o add program
income to the funds awarded by the EPA and use the program income under the tenns ind
conditions of this agreement, inc!uding eligible administrative ecru and BCRLF
environmcnul response requirements.~
"Program income shall include principal repayments, interest e:imed on outs-..3Jlding loan
princ ipal, interest e:uned on accounts holding BCRLF program income not needed for
immediate lending, all loan fees and loan-related charges received from borrowers, and
other income generated from BCRLF operat ions. In accounting for ;,rogram income, any
proceeds from the sale, collection, or liquidation of a deiaulted loan, up to the amount of
the unpaid princ ipal, and my proceeds in excess of the unpaid principal shall be treated as
progrmi income il!ld shall be placed in :he BCRLF for lending purposes or to cover
administrative cos-..s ."
"The cooperative agreement rec ipient shall maintain a fund for future borrowing needs
within the ~ligible lending area (as designated by the cooperative igreement rec ipi~t).
To determine the appropriate amount of program income to use for adm inistrative
expe:ises, fund manage~s shall consider the co sts necessary to operate a BCRLF program,
the ava ilability of other monetary resources, the portfolio risk level and projected capital
e:os ions from loan losses and inflat ion, the community's (or area's) financial
comm itment to the BCRLF, and the antic ipated de:nand for BCRLF loan.•."
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"ln acc ord3nce wit h JQ C.F.R. §:iO .:S(h ), ;,rcgram inc ome e:irncd after the end of the
award per iod sh31l be used in accordance with {the pos1-,;oopera1ive agreemerr1 closeout
program income term and condi1ion} below. Pursu:int to 40 C.F .R . §3 \ .J:(cX}),
recipients must ma inta in records re lating to such program income .:·
F. Administntive Costs
"Toe cooperat ive agree:ne:it rec ip ient that elects to use program income to cover all or
part of J BCRL?'; JCm ir.istrative costs shall mainta in adequate accounting records l!ld
source documentat ion :o subsuntiate the amour.! md percent of program income
expended ior e li gib e SCRLF administr:itive costs, and comply with applicable 0 MB cost
principles when charging cosu against program income . For :iny c osu determined by the
EPA to hzve been an :ne!igib ie use oi program :nccme, the recipient ;hall re im burse the
BCRl.f or the ::.PA . E? .... will notify the rec:p ient of the time period 1 Jl owed for
reimbursement."
"Toe cooperati ve agreerr.e:it rec ip ient sha ll use :io mo re :han 15 percent of the :otal initial
award to cover a coo perat iv e Jgree:ne:.t :ec :pient 's (lead agenc y Jnd ::'und manager)
adm inistrat ive ind :egai :osts (e.~ .. in surance. loan pr oce ss ing, ;,rciess:cnal ;ervi ces ,
audit, lepl ices, and sute ;,rogram fees , JS negot iated be:wee::i the U.S . E?.>.. and the
cooperative agreer.ie:it :ec:pic:it d uring :he coc pe:ative agreement Jpp li cation and award
process."
"Allowat:le administrative costs may include loan process ing, profess io nal services,
administering the BCRL'', audit, legal fees, and state pr o gram :ees . In ad dition,
allowable adm inistrative costs shall inc lude the costs inc:irred by the cooperative
agreement rec ipient in ensuring that the borrower complies with Federal requiremenu
related to the agreement, such as ;iubl ic panicipaticn, worker healt.'l :md ;afery , and
intcragency coordination."
"The cooperative Jgre~r.ie::it recipient s!:.a ll use no more :han ten perce:it of !.he
borrower's princ :pa l re?aymen!S :o the :'um:, :ind may use up to 00 percent of :he
borrower's interest payrnen!S and any ?rogr:ir.i fees for eli gible admin istrative cos-..s . Tnis
is allowable for eac!i loan made and repaid to the fund ."
"The cooperative agreement rec ipient shall 1ll ow borrower; to use no more than ten
percent of borrowed funds for administrative costs . The ccoperative agreement rec ipient
(fund manager) shall negot iate with the borrower a limit of up to ten percent of the total
loan to cover both adm inistrative and cleanup response planning costs."
G. Method of P:iyment
Fund paymenl and closeout term in .\,/ode / BCRLF Terms and Conditions. StC!ion VII, .
Disburstme11t Pavment and C.ose o ut. If 1he Au1omared Clear ing House (ACH) Vendor Paymtnt
System is used. please include the fo ll owing model condit ion in the cooperative agreement:
"To compl y with the Debt Co ll ect ion Improvement . .i.ct of 1996, the cooperative
agreement rec ipient shall :omplete and re:-urn the ·'Payment Information Fonn ACH
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Vendor Plyment System" (U.S. Tre:isury Fonn 3881) with the signed assisunce
agreement."
"'The c:ooperative agreement recipient shall make positive assenions regard in g its fund
management capabilities and provide necessary c:enific:ations prior to any receipt of
cooperative agreement funds. In particular, the cooperative agreement recipient shall
cert ify that iu accounting system is adequate to identify, safeguard, and account for all
BCRLF funds, including BCRLF program income. Toe cooperative agreement rec ipient
also shall certify that BCRLF loan documenu necessary for lending are in place and that
uiese documenu have been reviewed by the recipient's legal counsel for compliance with
appliC3ble state and local law and compliance with all other tmns and conditions of the
award."
Accorm1 ing rystem certification is normally completed :hrough an :nde;::endent accountant.
H. Future Funding
"Neither EPA , nor any other iederal agency ha.s 1n obiiga t :on to ;,rovide JJ1 Y 3dditional
funding in c:oMec:ion with this award . Any renewa l of th1s award :o inc:rease funding is
at the sole discretion of the EPA.·
I. Interest-Bearing Ac:c:ounu
Wi1h rrspect 10 in1ens1 tamed on advan&a, cooperative ag,-tement rec ipients are subjec1 to the
provisions of 40 C.F.R. §JJ.2J(h){2){1) and §JS.6280 (a){:).
IV. BCRLF ENVIRO~lL"ff AL RESPONSE REQl.:llU:ME~iS
A. Applicable Authority
"All environmental response activities tarried out using BCRLF funds shall be co nducted
in accordance with CERCLA and consistent with 1!e !-!ational Oil and Hazardous
Subsunces Pollution Cont ingency Plan ()ICP). [40 C.F .R. 300 .I tt seq.]. The c:ooperative
agreement reeipient shall ensure that borrowers ofBCRLF funds .:onduc: all activities in
accordance with CERCLA and consistent with the NCP, and in accordance with all terms
and conditions of this cooperative agreement."
B. Authorized BCRLF Response Actions
MBCRLF funds shall only be used to carry out non-time critical removal activities
author ized by CERCLA and the NCP (for the purposes of this document the tenn
MBCRLF response" is equivalent to "non-time critical removal action."). The cooperative
agreement recipient shall also .:onsider guidance described in the most current version of
the BCRLF Administrative Manual."
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MBCRLF funds may only be used to conduct response actions at brownfields sites, and the
cooperative agreement rec :pient shall consider whether clC3!1up of 3 particular site will
significantly contribute to local communiry revitalization."
"The cc,;,perative agreement recipient's fmdings and decisions with respect to whether a
BCRLF response action is authorized at a particular site and what response action is
appropriate shall be documented in writing, lS described in the most current version of
the BCRLF Administrative Manual.
"The cooperative agreement recipient shall ensure that loan decisions md/or agreements
do not prec lude the abiliry of the cooperative agreement recipient to change a SCIU.F
response, or my portion of response, based on comments from the public or on any new
infonnation acquired."
C. Sampling and An:alysis
"The cooi:-erative .igreement recipient shall develop s.impling md :ina ly sis plans that
provide a proc:ss for obtaining data of suffic ient qu.ility and quantity to satisfy data
needs, if env ironmental samples are :o be collected. Any data (inc !uding dau generated
by anyone other than the cooperative agreement recipient) used lS the basis for an y
fir.dings or decisions by tl!e cooperative agreement recipient shall co nform to 40 C.F .:il
§300.4 1 S(b )( 4)(:i)."
In acamLmet with 40 C.F .R. Par. 35, Subpart 0 . fitld work may 110t btgin until EPA has
apprtmed the a,cpcat:1:t agymnmt rtcipimt's quality ass..1rana ;,rojtd plan and sampling plan.
D. Community Relations and Public JavoJvement in BCRLF Response Actions
"All BCRLF ac ti vities shall be conducted consistent with the community relations and
public involvement requirements in the °!'ICP ."
E. Administr:ative Record
"The cooperative agreement recipient shall establish an administrative record, consistent
with the requirements in the NCP, which contains the information forming the basis for
the selection of any BCRLF response ac:ion.
F. Jmplemeotatioo ofBCRLF Response Actions
"The cooperative agreement recipient shall ensure the adequacy .Ji each BCIU.F response
as it is implemented. Each loan agreement shall contain terms and conditions which
allow the cooperative agreement recipient to change response 1ctivities as necessary ."
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Mlf the selected response ;iction will not fully Jddress thre3ts posed by a release at a site,
or 3 borrower is unable or unwilling to complete the BCRLF response, the Cooperative
Agreement recipient shall ensure that the site is secure and poses no immed iate threat to
human health or the :n"Vironment. The Coopenti"Ve A~ement recipient shall notify the
appropriate state agency and the U.S. EPA to ensure an orderly transition to other
appropriate response activities."
G. Completion ofBCRLF Response
~e coopentive Jgreement recipient shall ensure that the completion of a BCRLF
response is docume:11ed in a report as described in the most current version of the BCRLF
Adminisrrarm .l,/an11DI."
H. State Voluntary Cle:inup Prognms
~e coopemive 3greement rec ipient shall e:isure :hat any BCRLF response ac:ions
conducted unde: a St.ate Voluntary Cle311up progr3111 are c~ed out in acc ordance with
the substantive and procedural requirements of CERCL.\ and the ~CP, and all terms and
conditions of this cooperative agreement."
V. REVOL VL.'lG LOA. 'l Fli"ND REQLlREMENTS
Coopearin agrttmen: rtcipi1mts may not mau lc,ans 1t11til they have n,bmitted to the U.S. EP.t
and EP.4 hes appr(IVtd, their BCRLF pilot work plan which specifies rh, recipient 's financial
plan, their procedurufor selecting sittslloan rtcipitnls thar meet the req11iremrnu of CE.R.CU
and the .VCP. and their approach for handling the day-to-day operation of the !JC.ru.F.
Coopeariff agreement rec ipiuus may inc:w administrative costs before s11bmitting a BCRLF
Pilot financial plan.
A. Prudent Lending Pr:u:tices
~e cooperative agreement recipient shall not incur costs under this cooperative
agreement related 10 loans until a BCRLF pilot work plan has been submitted to the U.S .
EPA and EPA has approved it. The coopemive agreement rec ipient shall ensure that the
overall objectives of the fund are met through its or the fund manager's selection and
sll'Ucturing of individual loans and lending practices. These activities shall include, but
not be limited to the following:
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Establishing appropriate project selection criteria consistent with Federal atTC!
state requirements, the intent of the BCRLF program, and the cooperative
agreement entered into with EPA .
Establishing threshold elig ibility requirements whereby only potential borrowers
are eligible 10 receive BCRLF financing .
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• Developing a formal protocol for potent ial borrowers to demonstrate eligibility ,
based on the procedures descri bed in the init ial BCRLF application proposal and
cooperative agreement application. Such a protocol shall include descriptions of
projects that will be funded, how loan monies will be used, and qualifications of
the borrower to make legitimate use of the funds. Additionally, cooperative
agreement rec ipients shall uk. borrowm for an explanation of how a project. if
selected, would be consistent with BClU.F proyun objectives .
• Requiring that borrowers submit infonnation describing the borrower's
environmental compliance history . The cooperative agreement recipient shall
strongly consider this history in an ana lysis of the borrower as a cleanup and
business risk..
• ES\3blishing procedures for hand ling :he day-to-day management md ;,recess ing
of loans and repayments.
• Estab lishing standardized ;,roc:dures for the disbursement oi fu nds to
borrowers ."
B. lnclusioa of Special Terms and Conditions in BCRLF Loan Documents
~The cooperative agreement rec ipient shall ensure that the borrower meets the cl e:i.nup
and other program requirements of the BCRl.F pilotS by inc luding i:.e :·all owing s~ec :~l
terms and conditions in BCRLF loan agreements:
• Borrowers shall use funds only for eligible activities.
Iii Borrowers shall document all funds use.
• Borrowers shall maintain documentation for a minimum of l O years after the
completion of the cleanup activity supported by the loan or for the leng'.h oi the
loan, whichever is longer. Borrowers shall obtain wrinen appr oval fr om the lead
agency prior to dispos ing of records.
• Borrowers shall use no more than l O percent of the loan for allowable non-
cleanup activities .
• Borrowers shall certify that they are not currently , nor have they 'ceen, subject to
any penalties resu lting from envir onmental non-compliance at the site sub iect to
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Borrowers shall conduct BCRLF response act ivities in accordance with the'
cooperative agreement and CERCLA and consistent with the NCP ."
Borrowers shall modify response activities as required by the lead Agency (see,
the Model BCRl.F Terms md Conditions , Section IV ., B and G ) .
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C. Default
11ris stc1ion "Dtfault'' applits 10 both loan and loan guaranttt programs.
"1n the event of a loan default. the cooperative agreement recipient shall make reasonable
eff'oru to enforce the terms of the loan agreement including proceeding against the assets
pledged as collateral to cover losses to the loan. If the cleanup is not complete at the time
of default, the cooperative 1greement rec ipient is responsible for: ( 1) documenting the
nexus berween the amount ;,aid to the bank or other financial institu tion and the c:lemup
that took place prior to the default; and (:) securing the site (e.g., ensuring public: safety)
and informing the EPA Project Officer and the State."
D. Conflict oflnlerest
"The c:ooper.itive agreement rec ipi ent shall establish and enforce conflict of interest
provisions governing the roles and responsibilities of the le:id 1gency, fund manager,
brownfie lds site manager and borrower. These provisions must 1ddress the situations
described :it-'O C.F.R. 31.36 (b)(3) and 35 .6::0(b).~
E. Loaa Guar:antees
lfthc coopcratiw agrttmtnt rtcipitnl chooses ro wst 1h11 BCRLF fands 10 support a locn
paran111 approach, pltast includt tht following condition:
"'The cooperative agreement recipient shall: (1) document the relationship berween the
expenditure ofCERCl.A 104 (d) funds and response actions; (2) maintain an escrow
account expressly for the purpose if guaranteeing loans, by following the ;,a~ment
requirement described under the Escrow Requirements term and condition; and (3) ensure
that response actions guaranteed by BC!U.F funds are carried out in :iccordance with
CERCU and consistent with the 1':ICP ."
Escrow Rtq11irt1Mna
"Paymenl of funds to a cooperative agreement recipient shall not be made until a
guaran1eed :oan has been issued by a participating financial institution . Loans guaranteed
with BCRLF funds shall be made available as needed for specifie d deanup act ivities on a
"actual expense" or "schedule" basis to the borrower. (Sec, Model Terms 1nd Conditions,
Section VII . A, Methods of Disbursement). The cooperative agreement recipient's
escrow arrangement shall be structured to ensure that the CERCL~ l 04 ( d) funds are
properly "disbursed" by the recipient for the purposes of the assiStance agreement as
required by 40 C.F .R. §31.20 (b) (7) and §31.21 (c:). lfthe funds are not properly
disbursed, the CERCLA § l 04 (d) funds that the recipient plac:s in lll escrow account will
be subject to the interest recovery provisions of JO C .F .R. §31.21(1)."
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"To ensure that funds trans ferred to the cooperative Jgre:ment rec ipient ue
disbursements of Js si sted funds. the escrow account sh all be structured to ensure thac (I)
the recipient cannot ret3in the funds;(:) the rec ipient must not have access to the escrow
funds on demand; (3) the funds remain in escrow unless there is a default of a guaranteed
loan; (4) the organization hold ing the escrow, i.e., the escrow agency, shall be a bank. or
similar financial institution that is independent of the rec:pient; and (5) there must be an
agreement with financial inst itutions partic ipat ing in :he guaranteed loan program whicb
documents that the financial inst itut ion has made a gllarantecd loan to clean up a
brownfields site in exchange for ac:ess 10 funds held in escrow in the event of a default
by the l,offQwer ."
Ftditral Obligation to tht Loan Guarar.ttt Program
"Any ob ligations that the coopentive Jgreeme::1 rec :?ient incurs for loan guarl!ltees in
excess of the amount aw;i.rded under the coope~Jtive 1gree:nent lTC the coopcntive
agreement recipient's responsibility . rnis lirr.iut:on on the extent of:he f:deral
Government's financ:al comm itment :o the coo ~ative 1gree:nent recipient '; oan
guarantee ;,rogr:1111 shall be co mmun icated to 11! par.,c::pating banxs l!ld bar.o we~.~
Ritpa;·mtnt of Guaranteed Loans
TiriJ ttmr and condition i! designed to cover siruarions in wiricir rht r11c :pient 's loan gucr:mrtt
pror,arn cit:JStS ro operate. Tne agency has rhe discretion 10 wind -.JP the ?rogram in a rnanntr
similar ro that/or loan programs (e.g. ntgotiatt a final disposition of ftmds). Pleau nort tr.al if
rhe ,-~ipitnt chooses ro guaranru another loan, rhe commitmtnt.s mu.st bt in plact within JO days
of the rime the tscrow amount for rht initial loan is released. otherwise, ftmds must be rtrvnrtd to
the t '.S. EPA.. A ;,oss iblt scenar:o for rht clost 0111 of gi,arantnd loans would provrdt :hat at rht
tnd of J ytan, rhc EPA. and the cooptrarivt agr11emtnt r11cipien1 will negotiate a clost 0111
agrttmnt. Any EPA ftmds which havt not bt11n paid ra tht coopuativt agretment r11cipient to
enable it ro gi,aranttt loans will i,e dtobligated lllldtr rhis scenario. int cooptrativt .igreem,111
rtc:pienr .md rhc EPA will need an agr1111ment on the disposition a/funds substq11tntly rtltastd
from escrow -.J.Don repayme111 of rhe gucrantttd loans. Tne disposition may be recovoy by EPA
oj rht paid cooperative agreemeM f-.mds wirir inttresr, EP.~ approval of a pirm by rht r11cipie11t ro
gwarantte additional loans, or an amendment to rhe co operative agrtemtnt ro redir11ct rhtfunds
for othtr eligible brownfitlds acrivirics (any additional eligible brownfields activities mu.st bt
co,,ducttd in accordance with CERCLA and the NCP).
"Upon repayment of a guarl!lteed loan and release of the escrow amount by the
partic ipating financ :al inst itution, the coope~ative agreement recipient shall return the
co.:,pcrative agreement funds placed in esc:ow to the U.S. Environmental Protection
Agency. Alternatively, the cooperative agreement rec ipient may, with EPA approval, (1 )
guarantee additional loans under the tenns l!ld condit ions of the agreement (2) or, amend
the terms and conditions of the agreement to provide for l!lother dispos ition of funds that
will red irect the funds for other brownfields related ac:ivities . ~
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VI. AUDITS
"The cooperative agreement recipient shall ensure that periodic progr.un 1udits ~
conducted by an outside auditor in accordance with General . .t.ccounting Office (GAO)
accounting standards or generally accepted government auditing su.ndards. Furthermore,
the cooperative agreement recipient shall comply with all applicable requirements of the
Single Audit Act of 198<1, as amended and impiemented by 0MB Circular A-133,Audits
of S1a1ts, Local Govtrnmtnts. and Non-Profit Organi:ations. In addition. the coopentive
agreement rec:pient shall, as a condition of making a loan, require borrowers to maintain
project accounts in accordance with generally accepted accounting principles."
VII. DISBURSEMENT, PA nl.ENT, A.'ID CL0SE0ui
For tht purposes of thtse terms and condi1ions. the Joi/owing dtfin itions apply: "paymtnl" is the
U.S. £PA 's ,rans/er of fonds to the coopera1tvt agrttment rtcipitni; the coopera1tvt agreement
rtc:pien1 inC'PS an "obliga1ion" whtn ii enters into a loan agreeme111 with the borrower;
"disbursement" is the transfer of f.mtb from rht co optrativ e agru:r.enl recipient to the borrower.
"Clost ou1" refers to rhe process that the r.:.S. £?.~ joi/ows ro ,ms".JTe tha1 all administraitve
actions and work required under the cooperalivt agretmenl have been completed, and to de-
obl igatt funds 1ha1 the recipient has been unable to u.st.
A. Methods of Oisbunement
"The cooperative agreement recipient may choose to disburse funds to the
bo11ower by means of 'actual expense' or 'schedule' ...
. MAn 'actual expense' disbu~cment approach reGuires the cooperative agreement
recipient to submit documentation oithe borrower's cxpe:iditurcs (e.g., invoices)
to EPA to request ;:,ayment."
MA 'schedule' disbursement is one in . ..,hich all, or an agreed upon portion, oftbe
obligated funds are disb=ed to the borrower on the basis oi an agreed upon schedule
( e.g., progress payments) or upon execution of the loan . The cooperative agreement
recipient shall submit documentation of disbursement schedules to EPA."
"lf the disbursement schedule of the loan agreement calls for disbursement of the
entire amount of the loan upon execution, the cooperative agreement rec ipient
shall demonstrate to U.S. EPA's Project Officer that this method of disbursement
is necessary for purposes of cleaning up the site covered by the loan . Further, the
cooperative agreement recipient shall include an approi;riatc provision in the loan
agreement which ensures that the borrower uses loan funds promptly for costs
incurred in coMettion with the cleanup and that interest accumulated on schedule
disbursements is applied to the cleanup ."
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8. P:ayment Schedule
"The cooperative 3greement recipient may request payment from EPA punuant to 40
C.F.R. 35 .6480 after it incun an obligation or has an administrative expense. EPA will
make payments to the cooperative agreement recipient on a schedule which minimizes the
time elapsing between transfer ofiunds from EPA and disbunement by the recipient.
The recipient may request payments when it receives a disbursement request from a
borrower based on the borrower 's incurred costs under :he ~acrual expense" method or
the schedule for disbunement under the "schedule" disbune:ncnt method . The
cooperative agreement recipient shall disbune accrued program income to meet all or part
of this obligation or administrative expenses pr.or to :-equest:ng payment from EPA ."
C. Schedule for Closeout
"There are two fundamcntal c~iteria for closeout: (I ) fin al ;ayment of funds from EPA to
the coopemive agreement rec ipient; and (:) compie:ion ~f 111 cleanups funded ,y the
amount of the award."
"To close out the cooperative agreement all payments :o :he cocpe:-:itive :igreement
recipient must be complete. The fint criterion of cooperative agreement c loseout is met
when the cooperative agreement recipient receives all payments from EP.A.."
"The second closeout c:iterioo is met when all cleanups funded by lhe initial amount of
the award are complete (all cleanups must be completed within 12 mont.'ls from the date
that on-site cleanup activity is initiated. un less EPA de:ermines, consistmt with CERCLA
§104(cXI) and the NCP at 40 C.F.R. §300.4 15(b)(S ), that :he respcnse may continue.)"
"The cooperative agreement recipimt shall have :hrtt years from the cooperative
asreement start date to obligate all the funds awarded (i.:., the !3C:U.F pr.ncipal). Final
:,c~-:':".ent 1.,d disbunement of award funa shall be ~01:1;:ietc with in five yean from the
·~~emen: SW't date . Any accrued program income (i.e., f~s. repayments of interest,
repayments of princ ipal. and other income ) must be disblll'!ed before :,:questing final
payment from EPA (per JO C.F .R. §3 1.11 (f)). The schedu le of obligation shall be no less
than 50 percent of the amount awarded within IS months ; SO percent within two ycan;
and I 00 percent within three years."
Dvring the JHriod of the agreement. the cooptrartve agreement rte fpienr sha// submit financial and
JHrformance reporu which include but are not limited to financ ial information quarterly(such as
statuS of payment, obligation. and disbursement) and cleanup information (such as the cleanup
complttion dalu). AS ;,arr af closeout. the cooperat ive agreement recipient she// submit a final
status rrporr which includes but is not limittd 10 financial information (such as sra,us of payment,
obligation, and disbursement) and cleanup information (such a.s the cleanup complttion da~es). If
both rht payment and cleanup closeout crittrion are met befort the ftvt y ear period ends. the
cooperarivt agreement rec ipient may rrquest tariy closeout.
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D. Compliance wilb Closeout Schedule
Mlf a cooperat ive lgreement rec :pient fails to comply with the closeout schedule, lllY
cooperative lgTC1::nent funds not obligated u.1der loan Jgreement to a borrower miy be
subject to federal recovery , and the cooperative agreement award amended to reflect the
reduced :imount of the coopentive agreemcnL"
L Capital Utilwuioa Staad:ard
~ cooperatr.1t agTttmmt rtcipimt's financial plan shall prapoSl a minimum ln1tl of !ht
BCR.LF's capital :o bt :n ust at all :irna (to bt ntgotiartd with EP.~). In negotiating !ht
appropriatt .:2pital :.itii i:ation standard with cooperativt agrttmtnt rec:pimts, EP.-\ Rtgums may
mllkt considerations for BtJUFs :hilt prapost to makt .oans !hat are largt rtlati!1t to ~~ si:t of
the capital bast :.mltss otr.u .;mangtmcits art agrttd :o use !ht foilO'Uling st andard:
MSubsequent to fuil ;,aytnent of award funds, the cooperative agreement rec :pient shall
manage its repayment and lend ing act ivities to maintain !O ;,ercent or more of the
BCRlf c3pitJ l loaned out or commined :it all times."
F. Recovery oCBCRLF Assets
Mln c:i.se of t=ination for C3USC or convenience , the coope:-3tive agree:nent ~ec :pient
shall return to E?A its fair share of the value of the BCRLF assets cons ist ing of cuh,
receivables, penonal and real propeny, and notes or other financia l instruments
deve loped through use of the funds. EP A's fair share is the :imount computed by applying
the percentage of EPA part icipation in the total capitali:z.:ition of the BCRLF to the current
fair marlte: value of the assets thereof. EPA also has remedies under 40 C.F.R.. 31 .43
when the Agency de:ennines that the value of such assets has been reduced by
improper/illegal use of cooperative agreement funding. In such inSW1ccs, the cooperative
agreement rec ipimt may be required to compensate EPA over and above the Agency's
share of the carrent fair market value of the assets ."
G. Post Cooperative A&reement Procr:am Income
"After the end of the award period, the cooperative agreement rec:pient shall use program
income in a manner consistent with the terms and conditions of the cooperative
agreement ufecting disposal of program income, eligible administrative costs, and
environmental compliance in accordance with CERCLA and consistent with the NCP, as
prov ided in [Mode! BClU.F Terms and Conditions, Section Ill.C . Use of?rogram
1.I!S.Q!!W and ( ~ode! BCRLF Terms and Conditions, Section IV . BCRLF Env ironmental
Response Recuire;nents) of this agreement. In accordance with 40 C.F .R. 31.42 (cXJ),
the coopemive agreemmt recipient shall maintain appropriate records to document
compliance with these requirements (i.e., records re lating to the use of post-award .
program income. EPA may request access to these records or may negotiate post closeout
reponing requ irements to verify that post-award program income has been used in
accordance with the terms :ind conditions of the orig inal lgreement."
"When the cooperative agreement has been closed out (i.e., the coope rative agreement
rec ipient has met .111 funds use and cleanup requirements ), rema ining funds not obligated
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by the cooperative agreement r«ipient via a loan agreement shall be returned to the
Supcriund Trust Fund. or the Region may choose to modify the award to allow the
recipient to use funds for other activities consistent with brown fields cleanUl)."
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CROSS-CUITING FEDERAL REQUIREMENTS
L Economic and Misce!laDmJS Alnhomies
• Debarment and Suspension, Executive Order 12549
t Demonstration Cities and Meuopolitan Development Act of i 966, Pub. L. 89-754,
as amended. Exec-Jtive Order 12372
• Procurement Prohi'bitions under Section 306 of the Oean Air Act and Section 508
of the Cean Water AC'., including Executive Order 11i38, Administration of the
Clean Air Ac: and the Federal Water Pollution Control Act with Respect to
F ede:'21 ContraC".S, Gr.ints, or Loans
t Uniform Relocation and Real Property Acquisition Policies Ac: of 1970, Pub. L.
91-646, as amended
Jl. Social PoJicy Authorities
t AacDisciminatioaAct o!l97S, Pub. L 94-135
t Anti-Lobbying Provisions ( 40 CFR. Part 30)
t litlc VI of the Civil Rights Act o!l964, Pub. L. 88-3521
t Comract Work Hours and Safety Standards Act, as amended (40 U.S.C. 327-333)-
and the Anti-Kickback Acu, as amended (40 U.S.C. 276 c), (18 U.S.C. 87.4)
t Section 13 of the Federal Water Pollution Comrol Act Amendmems of 1972, Pub.
L 92-5~ (the Can Water Act)
The DNg-Free Workplace Act of 1988, Pub. L. 100-690 (applies only to
the capitalization grant recipient)
t Equal Employment Oppommity, Executive Order 11246
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Section 504 of the Rehabilitation Aa of 19TI, Pub. L. 93-112 (mtjuding
Exec:-Jtivc Ordcn 11914 and 11250) ·
Sec:ion 129 of the Small Business Administration Reauthorization and
Amendment Act ofl988, Pub. L. 100-590
• Women's and Minority Business E.'lterprise, Executive Ordcn l-1625,
12138 and 12432
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APPROVED APPLlCABil..lTY OF PROCUREMENT REQUIRE.~S OF 40 CFR P AllT
31 AND 40 CFRPART 3S, SUBPART 0, TO LOANS MADE BYBROWNFIELDS
a.E.l..'iUP REVOL YING LOA!'i FUND COOPERATIVE AGREE.),iENT RECIPIENTS.
This memo does not apply to contraCtS made by the City fer direct contracting. City must
use the procurement process as outlined in 40 CFR Part 3S, Subpart 0 .
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ii 1125 i 97 11011 lS:05 F.U 202 280 8809 • OSPS •
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Ul'lliED STATES ENVIRONMENiAL PAOTECilON AGENCY
WASHINGTON, D.C. 20460
AUG I 3· 1997
sca.;;;CT: . Appl.:.ca.i::::.li':1 c! Proc'.l:e..-:1e.nt Re.(,'U.:.nr.1ents o! 40 en
Part Jl a:-:d 4 O c:R Pa=-: JS,. Sl:l::Far-; o, to Loans ::.a.de by
Brc'wn~!.e.:ds Cleanup Re.vc:vi:.g Lean ru.,d (:O::.!.~)
Cecpe:a~.:.ve Agree:ent Recip:.e.n-:s
FRCM: St.e?l':.en G. P::-ess:an ~ ('_,Y""
Ass:.s-:ant Ge.r'le::al c--'J.~li ~
;.·ssis-:ance Lav Practic: Grc1.:.p ·
r1.,a.-:ce and · cperat!.cns Di vis_.:.en
TO: : Garf M. lCat:
· Dire~o= · .
Grants Ad:l~:.ist=aticn C!.vis::.cn
We · bava ·b~en . asked ··1.1het.'ier . EO!.l'. c:cq:eia-:i ve ac,=ee!ll.ent
recipients must follcw the prcc~re:ant re(i'~!.:e::.ents of 40 CFR
· Part H. sul:part O . ( 4 o .cFR 3 5 • 6 S SO u.:ci;;h JS . 6 6 lo l "when ::iaking
leans. Additionally, .. we · have teen aske<! '.ihet.':.er ::or::1.1e:s u.-ider
· t!l• 11c:u.J" prcc;ra:m are le;ally nct.:i:ed to . ~ol l cv t."le. prcc:".1:'cent
provisions of ei~~er 40 crR Part Jl er 40 c:nt ?~ 35, subpart o
·wnen acquiring ;cods and se..-vices wi':.."l. :can funds. We have ·
concluded that:·:.·.
·' · 1i · I,oans made ··~y !lnu' recipie:.ts a.re not proc~e::.e:.ts w!. thin
th• meaning ct the a?plical:;• regulations, ·and;
2) ~c..'1ases , mad! cy Bc:lU.F cor:e1,1eris' a.:e . not subject· to t.ll~
procurement provislons of · 40 . C:lt Part :n: or 40 u""R Part :is·,. . ·
sucpa~ O unless . the .>.c;e.ncy · decides on. polic:y g:ounds t ·c i:ipos\9 .
such require:en~s· _as a te---::ii and. condition .ct the llC;;!.7 ·
c:ecperativ• ag:eement •. · .. , .. '. .. ·\.·:.:·,,· ...
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. An ex-planation of'. our position is ~::lc:luded. :1..n the previously
prepared. discu_ssion: paper, "Bre\olr.!ields ';tevol 'llir.g toan F
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ccoperative. Ac;:ee!'llents". "'hic:h is .attached to this 1uimo· .. il~as•
c :ntact m• on · ·( 2 02) · 260-7i 2 5 or Ji: O:ru.-:::er:d, Jr. on ( 2 o 2 l' 260-·
· 6Jl6 if you have any questions. . .
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At.'tac:hment , r.;
• ·".•:,'"":'. • • • I i •• \ c; .·.::· .. ': I, ..
cc 1<ath~rin•.'?a1,1es·,1 OS;.l~~-os.i_s · i '·. · ·/··
·carol He=,1ng~cn,· Regl.on· 2:,: GMO . L,..,,-"'"· :
Linda . Yancey, 'GAD · · )1 •. ~ ·• ·. ,_.·\. --,
. xaren· xraus:, · OGC-SioE..~ ' .· ,; :_ i. . ,
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APPROVED DEVIATION FR.OM SELECTED SELECTIONS OF
40 CFRPAllT 35 SUB?ART 0
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ATI ACHED IS 11iE APPROVED DE~1ATION SIGNED SEYfEMBER 26, 1997 .
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~9 19• ~ON 10 :•: F.\l ,a: :so .1s:! 09/.• , -• •
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SUE.JEc:T: Reques~ fer Class Ceviatiens f=e: Secticns of 40 C.~
pa~ JS, Scl::pa~ o
n:.cM: Linda ca=c:ynski, Directer
out=eac~/S~ecial ?reject Staff
office of Solid Waste and r=e=;ency Respcr.se
TO: ca-:y K. :F:at:, Directer
crants Ad::~,ist:aticn Oivisicn
This is a request for deviations !rem ca~ain specific
requirements oft.~• rec;ulaticns included in 40 C~ Par': 3,,
Suk:part o c•cccperative Agreements ,and su~erf~,d State Ccntra~-s
for super!-.ind Respcnse A~icns•). This deviation re(i\lest ia
~einq made fer t.~e class of cooperative ac;ree:iients lcncwn as
•BrcvnfieldS Cleanup Revclvinq Lean F'.llld (Beu.Fl Oemcnstration
Pi~ots•. Tb••• cccperativa agreements, fer up to $350,000 eac.1:!.,
are to~• awarded t= up to t~enty-nin• eligi;le recirients, aa
envisioned in ?PA'S F'! lS97 cudget justification lanc;uage.
In EPA'• rt 1997 "~usti!ication of Appropriation Estimates
fer t..~e cc1:111ittees on Apprcpriaticns,n the A~ency stated t.~at it
veuld •initiate fellow-up cleanup grants of up to $350,000 eac.l:!.
to capitali:e revolving lean funds tor 29 pilot recipients who
cc:pleted th• initial brcw-n!ield pilot stage." congress's .
s~sequent lWIIP sum Super!und appropriation is deemed to include
funding for this program.
These eCRLP Oe~cnstraticn Pilots are pa:-': of t.~e Agency's
Brow-n!ieldS Economic Redevelopment Initiative, which is designed
to er.able states, local gcvern:ents, cc:i."'!luni ties, and other
stakeholders in economic redevelopment to ver~ together in a
ti~ely manner to prevent, assess, safely clean up, and
auatainablY r•~•• crcvn!i•l~s. Speci!ically, t±is ecu.F
d~enstraticn pilot proqra.:11 is intended to test crovnfields
cleanup revolving loan !und models that direct special et!crts
tcvard facilitating coordinated public and private ef!crts at the
federal, state, and local levels.
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T?le class for ·-hic:h t!:ese deviaticns are :ec.~ested is "BG!.F
Oe:r:cr:st:ation ?.:.let" c:ccperative ac;reei::ents. !nclusicn i:i t.'lis
class is li:iiited to c::cpe:ati·,e ac;:ee:er.ts aw'a::!ed tc t.'lcsa
entities t~at w'ere previcusly awarced Saticnal or Rec;icnal
brc~-n!ields assess:e::t pilcts prier tc Cct:te: :99~. r~:-:~er,
BCRU' de::cr:straticn ;:ilct c::cperat.:.ve ac;:ee:err: :ec.:.;:ie::ts i::ust
nave :et a nu::kl•r ct criteria cutlined in t!:e A?ril 1997
"Prcpcsal C:Ui~elines !er Brown!iel:s c:ear.up ~evolving Lca:i
F'~nd", an~ must have teen reviewed by a Nat!:r.al pilot evaluation
panel. T!le SC.~ c:e.-::cns't:aticn p.:.:ot c:c~erat:.·1e ac;ree:::ients will
be awar~ad by EPA Regional o!!ices usi:-:g !:..r.ds :r:: t.'la FY 1997
apprc::priaticn.
The scu.r de:::icnstraticn pilc::t ccc;erative ac;ree:ter:ts will be
awarded u.~der t!ie aut.':.ority of ~CI.A §l04(d) (:), speci!ic::ally a.
this aut.':.o:-i ty relates to reccval act:.·,i t:es. r.:e i:ple:e::tinc;
reculaticns fer cccperati•1e ac;:-ee:e::ts ur:der ~':is Section are 40
cri Part JS,· Sci:part o and t.~cse spec.:.!ic secticr:s o~ 40 C:R Pa~
31 re!erenced :y sutpart O (per 40 C:R S3S.S005(c ), whic~ states
t.~at • ••• T!lis ·reg,.llation :e!e:e~ces ~~cse secticr:s o! ~a=-: 31
that a:e applicable to ~-RCI.A-!~r.ced C:cpera't.:.ve Aq=ee:entsM).
Since a prcqram sue:.~ as t.~e SCRI.7 de:cns~:aticn pilct
prograa was net er.visicned at t.~e ti:::ie 40 CFR Part 35 Slll:pa:t O
vas prcmulc;ated, deviations from certain de!initicns and
prcvisicns ~! the regulaticns are needed in crder that tl:e Bcu.F
de:iicnstration pilct prcc;:-am may :eet its stated cbjectives.
These deviations are sreci!ically listed and described below.
l. A deviat£cn !re= t..~e site-speci!ic app:!caticn and EPA-
approval-related requirements o! 40 C?'lt 3S.6l05 (a), as
re!erenced in 40 C!R 5JS.620S(a) and (c), which describe
rec;ui:e.:ients !c:::-Removal Respcnse Ccc::perati~e Agreements
awarded to States and political sci:divisions (ncne of the
eligible recipients in Fiscal Year 1997 are Indian tribes) •
A.a noted atove, t.'lis program is part of t.~e Browr:!ields
Economic Redevelopment Initiative which is designed to
empcwer states and local soverr.:ents to wcrk with ct.~e=
1takebclders in eccnc=ic:: redevelcpcent tc address
brcwr:t!elds. Purt~er, one ct the underpinnings of EPA'~
legal aut.~crity to award these !unds !er revolving lean
purpcses lies in EPA' s re:iaining detac.'1,ed !rem the
recipient's process of pricriti:ing t~eir revol·1ing loan
tune-supported removal acticns (see attached April 27, 1997
or!!ce ot General counsel me:iicrandu:ia).
In lic;ht cf the above, it is not reasonable !er £PA to
require recipients tc identi!y speci!!c sites in cooperative
agree=ent aFplicaticns, er for EPA to be ir:vclved in day-tc-
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day cperatior:s of t~e recipients as related to their
dealings wit.~ t.~e lean recipients. There!cre, it will ce
in!easible !or t~e regulatory re(illire~er:ts !er site-speci!ic
application ir.!cr::ation and for E?A approvals c! site-
speci!ic dcc~=~ts to be met.
It is envisicr:ed t.'lat t.'le applications ·.;ill include speci!ic
in!cr:ation regarding t.'le precess the recipient will use to
select the sites and loan recipients, ar.J EPA will approv•
this process. EPA will also approve the process by ~hich
t!le recipient will meet (or will er:s~re t~at loan recipients
meet) t.'le site-specific require~ents descri~ed in the
re~lations !er resting ot a siq:1 at eac.'l site, desi~aticn
o! a lead bro~-n!ields site ~anager and ass~rance t.,at
respcns• work is coordinated ~it!l ether relevant a;encies
vit.'lin t.'le State, Ccr~unity Re!aticns Plan, healt.~ and
sa!ety plan, and c;~ality assurance project plan/sa:pling
plan. It is p~ai:ined t.'la:= ~'le c:oc:perat!. ·1• ~c;~ee:ant w~ll
include a cond!t!on re<;~!r!ng ~'lat t.'le rec!p!ent prcv!d• EPA
vit!l a site description upon selection o! eao.~ site. (Please
see attached "Medel Te=::s and Ccnditions.") The cooperative
agreement appl!caticn is also env!sicned to .incl~d• a
generic budget, and statement o! wcrk.
3. A deviation !=c= t!le require:ents of 4C cnt 13!.620S(d)
related tc state ccst share assurances in t.~osa cases where
t.'l• sc:RLF demonstration ;,ilot ccoper:iti ve ac;ree:ent
recipient is to be a political s~division.
Tb• ottice c! Cer.eral Counsel has provided clari!ication cf
a:RCI.A ccst share require:ents in t.'le ease c! re::oval
cccperative ag=ee:ents. Th• O!!ice cf General Counsel has
stated t.~at, since the ccst share require=ent is triggered
only if EPA is prcvid.ing a remedial action,· and t.'le
activities to be funded under the Bou..:i' de.mcnstraticn pilot
cccperative ag=ee:ents are tc b• 11:ited to re.:oval actions
and will net include remedial actions, it follows that a
state ccst share assur:u,ce wculd net be required in .
ccnjuncticn vith issuance of t~ese cooperative agreements.
It sites addressed wit!i BCRLF !'l;r.ds are ulti:iately addressed
by !und-!inanced re:edial acticns; a state ccst share ..
assurance would have to be cbtained upcn entering into a
re111edial act!cn cccperative ac;rea:ent. It the site were
state-or political subdivis ·:on-operated (t.'le only cases in
whicn a cost share is required related tc removals), that
cost share wou.d incl~de t.'le requi=ed re:cval ccsts.
In light o! t.~e above, t.'l• state cost share assurance
descri~ed in §JS.620S(d) wculd not be necessary in the case
of the SCIU.F de=or.strat!on pilct cooperative agreements.
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In conclusion, th• approval oft.~• al:ove-desc=ibed deviations is
nacessary in order !or the AganC"/ to meat its stated oDjectives
!or the Brownfield Cleanup Revolving Loan FUnd cemonst=aticn
Pilot Proc;rua. All ether nqui:ements cf 40 en Part 35, Sul:part
o will continue to apply to t!le Bcu.F d&J11cnstraticn pilot
cccpa=ative a9raaments. If you have questions er wish to discuss
this request further, please contact 111• at 202-2·&-4039 or
Ka-:.herin• Dav•• of my staff at (202) 260-8394.
Attac:hlllant
cc: Bcu.7 Workqroup .
Regional Brownfields Coordinators
Regional Grants O!f!c••
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FROM:
TO:
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UNITE!l STATES E.WIRCNMENTA1. PROiEC'riCN AGE.'IC'f
WASJ11NGTCH, C.C. %o,&IO
.uti0!1~ S~rion ~· Pir. J!, Sul:;:art 0
l,,t~ / /?-_ i . ',{f L,-.
0 !C.u:, ircccr
C-nnu Adm1rustr.t1cn D1vmcn Of R)
Linda Guc:ynski, Direc-.or
Q\.vu.c.·/Speeal Project Staff
Of:cc of Solid Wute and E:ncricnc/ Re:ponsc
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!bis is in r=pcnsc to your • .\ui1Jst 29, l 99i, re;uc.st for a. c!a.ss ceviation from ccr-.mi
specific rcquirerncnts of the rcsulacons inclcded in 40 CFR Pir. ~~. Subpart O unc::-E?A's
Brownlldds Clwiup llcvclving Lean Fund (BCRU) Dcmcns--~ticn Piiots .
~001
. I un apFrovin& a deviation from lhcse per.ions or 40 en. jS .61 O!!i(a).finccrpcrucd by
~fe:·enc= ai 4C CFR ::!5.6~0S(a)) which requires the ree;:ie:n tc n;bir.it w;th its application site-
spccfic. information.
B:ickgyyund,
EP A's Brownfie!ds ~nomic Redevelopment Initiari~e is designed to e.'Tlpo.wer states,
local govcmzne."lts, communities, and ot.1u:r S".altcholden in e::cnomic redevdopment to wcrk
together in a timely maMcr to pre-,c."lt, ~ safely clcnup and sust:iinably rc-.:sc brownfdds.
AJ part of this iniative, EPA 11w11l aWlll'd B rcwr.fic!ds Oc:inup Revolving Loan Fund (Bau.F)
De.'Tlonstraticn Pilots to the sW~ c:tics, towns, ccunties, territories, and lndian tr."bcs to test
BCW and facliwe cocrdina.tcd public and privue cleinup cfi'ons .
Fer the 1997 fiscal yur (FY9i), crJy entiti= tha1 have bce."l awuded National or
Reoional brownficlds asse:sment pilou prior to Oi::ober 1995 w,ll be cligiclc to apply to EPA's
BClU.: dcmcnsmion ~iict3 . The .A.gc:,cy wiil initiate fellow-up clc:inup grants ofup to
SJS0,000 uc:h to capitalize revolving loan funds for 29 pilot rcc ipienu who c:cmplctcd the initial
brownfield pilot nage
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The :aau.F cicmormnticn pilot coopcruive agre:mc.'1U will be funcicd under §104(d)(l)
of the Comprehensive E.'1vircM1enw Response, Compcnsaticn, and Liability Ac: er 1910, u
amended (CER.a.A).
,-. Canslusion
Exploring suc.'i a ;,ilct a.s the BOU.: wu not envisioned at the time: 40 CFR Pan 3S
Subpart O wu ?fOmulptcd. To allow the sates tc cic."llorutntc, on a :,ilot basis, their a.biiity to
ma& their swed objec::iva. a deviation is needed fi'cm those portions of 40 CFR 3S .610S(a). u
racrai.c:cd in 40 aP. 3S.620S(a) and (c). which rc;uirc the recipient to submit with its
applicaricns site-specie int'onnaticn because: site identification will not ocCll' u the applic:uicn
phase o(tbc c:oopcruiw aarecmc:nt. OSWD. states it is. not ruscnable (er EPA to rcquin=
Rcipicna to idcncfy specific sites iD cocJ)C'l1ive ap:ncnt applications since one ;:urpcsc: oft.be
prcarvn is to c:npc l¥G' swa and !cal acva-..mcms to work with ot.'icr nalcc.',clc!c:3 in
eccncmic rcdC'IClopmc.'lt :o idc."ltify sites tlw wamnt c:!W1Ups under :.he BOU.: pilot prt:gl'Ul.
Coopcruiw qrccmcni rec:picms will submit all sitc-specfc :nfcr.r.ation required undcr 40 CFll
JS.6105(1) to EPA once a site is idcmific:d and the infornwicn be:cmc:s available.
. Yau also Rq1,1c:stc:d a deviation 5-om 40 CFR 3S .620~(d) to allow EPA to waive ~he stale
· cost share assurancc: for re:noval costs on behalf of a political suboiv:sion fer the BOU pilot
coopeniM agrec:mc::m. The Ot!ice of Gcnc:ral Counsel (OGC) has provided clarinaticn al
CERa.A cost share reqwrc:mc.'IU in the: cue: of removal c:copcrativc.:igrc::nc:r.u. OC-C hu
MMac:d us thaz no deviation is required from this provision beausc: such asSIJTUICC is only
required when a ftmcl-&nancc:d rcmc:dw ac:icn is undcrtalcc:L Thus. because the BClU.F
dcmoJISC'3lion pilot c:oopcnuve qrccncn&s UC !O be limite:! to r;:ncvaJ ac;;jgmL A deviation caver.na rc:mcdial acioaa is unnecessary. . . .
. AJ1 odlir require:nc:nu of 40 CFR Pan 3 S, Sub pan O will apply to thc: BOLF pilot
ccopc::um qnc:mc:na.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION VIII
999 11th STREET· SUITE 500
DENVER, ccoe!Ae~ •·2466
Ref: STMS-G
Ms. Jane E. Norton
Executive Director
Colorado Department of Public Health
and Environment
4300 Cherry Creek Drive South
Denver, CO 80246-1530
Dear Ms. Norton :
Re : Brownfields Cleanup Revolving Loan Fund
BL 988116-01-0
We are pleased to infom, you that we are approving your app lication for ·he
Brownfields Cleanup Revolving Loan Fund Program in the amount of
$1,700,000 . This award represents 100% of the amount requested in your FY 1999
application.
Please sign and date all copies, retain the recipient copy for your files and return
the remaining EPA copies to the Grants. Audil and Procurement Program Office
(STMS-G).
If you have any questions regarding this amendment. please contact Beverly
Goodsell at (303) 312-6507 or. if you have any questions regarding the technical
requirements, contact David Ostrander at (303) 312-6931.
Enclosures
cc: Ray Ericson. CDPHE
Sincerely, I)
f Ylr--
Wa eAn~
Gr ' nts , Audit & Procurement
Program Office
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STATE OF COLORADO
Bill a..-. COYetno<
I.,,. E. Nolton. E.<1<'-""'• Oiroaor
o.a;a,eo to pt01«:in1 llld imp,ovinf 1M heMth ••d _,,,,,,_,,t al N ;:,eople of Coicr-,
•JOO O,em, Creole Or. S. L1bor111>ry and ~adiMM>n SeMces a,.,,_ a-er. Colorado S0246-15lO a,oo L_,., 8!.d.
P!,one ()OJI 692·?000 QeflWf CO 802l1M92S
locaed ;n Glendale, Colotado ll0)1692-J090
hup :1/www ,~P~·-"'"'·""·"'
November 12, 1999
Beverly Goodsell
Senior Grants Specialist
Grants, Audit & Procurement
C'S Env ironmental Protection Agency ,
Region vm. SThCS-G
999 18'" Street, Suite 500
Denver, CO 80202-2466
RE : Bi'ownfields Clemup Revolving Loan Fund
BL 988116-01-0
Dear Beverly:
Colondo Depanmcnt
of Public Haith
and Environment
Enclosed are two executed copies of the above-refaenced grant signed by the Colorado
Department of Public Health and Environment We have retained our copy . If you have any
questions, please call me at (303) 692-2021, or contact Ray Ericson, fiscal officer, directly at
(303) 692-330 7.
Sincerely .
( /I !t:r..~--i~-Jr;.._.c:.}-
Maria S. z~l.sanchez
Administrative Assistant
Enclosure
c: R1y Ericson, CDPHE
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, EXHIB1T3
LINE ITEM BUDGET
04/30/2000
, ' '. '• l ~;'! l<'-1 ',·:J, 1,~:-7 0 !f.'l t,..,,r _.
Colorado Department of Public Health & Environment Cost
Loan Fund
CHFA Administrative Charges (estimated)
Cities Adminstrative Budgets
Bud et Breakdown b
CoaHtlon
' I I I City
Denver $ 500,000
Englewood $ 500,000
Lakewood $ 350,000
Loveland $ 350,000
Total $ 1,700,000
Total
Loan
Amount
$ 425,000
$ 425,000
$ 297,500
$ 297,500
$ 1,445,000
$ 20,000
$ 20,000
$ 14,000
$ 14 ,000
$ 68,000
$
$
$
$
$
$
$
$
s
I
51,000
1,445,000
136,000
68,000
$1,700,000
40,000
40,000
28,000
28,000
136,000
Footnote : The following approximate budget will be added to the Revolving Loan Fund upon
tranfer of the Sand Creek Revolving Loan fund grant to this revolving loan fund .
Commerce City $ 500,000 $ 425,000 $ 20,000 $ 40,000
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COUNCIL COMMUNICATION
DATE: AGENDA ITEM SUBJECT:
Colorado Brownfields Cleanup
11 a iii Revolving Loan Fund
April 17 , 2000
INmATEDBV: STAFF SOURCE:
Community Development Darren Hollingsworth , Economic
Develooment Soecialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION:
Community Development: Initiate community revitalization and growth strateg ies .
Previous Council Action (September, 1997): Englewood is currently under an
intergovernmental agreement with the U.S . Env ironmental Protection Agency for a Br ownf ields
Assessment Pilot program . This is an ongoing grant to pay for qua lified environmenta l
assessments .
RECOMMENDED ACTION:
Staff recommends that City Council approve the attached Bill for Ordinance entering into an
intergovernmental agreement to establish the Colorado Brownfields Cleanup Revolving Loan
Fund. This loan fund provides $425 ,000 of low interest financing to assist with environmen tal
cleanup activities in Englewood .
BACKGROUND, ANAL VSIS. AND ALTERNATIVES IDENTIFIED:
The State Department of Health and Environment received a S1 .85 million grant from the US .
Environmental Protection Agency to establ ish a revolv ing loan fund to fac ilitate cleanup of
contaminated sites. Englewood is represented in a five-city coalition of front range
communities , which is established to administer the loan program . Th is coalit ion is comprised
of participants from Commerce City , Lakewood. Loveland , and the City and County of Denver.
The Colorado Brownfields Cleanup Revolving Loan Fund presents an opportunity for the
Englewood business community by providing financ ing for environmental cleanup activities .
The new grant complements the City 's exist ing Brownfield Pilot Program , which funds qualif ied
assessment activities .
FINANCIAL IMPACT:
Englewood is not required to provide financial resources to enter into the proposed
intergovernmental agreement. The Environmental Protection Agency provides all funding
necessary to capitalize the proposed revolving loan fund and provide each of the member
cities with a $25,000 administrative budget.
Establishing the Colorado Brownfields Cleanup Revolving Loan Fund strengthens
Englewood 's ability to redevelop environmentally impacted sites .
LIST OF ATTACHMENTS:
Proposed Bill for Ordinance
Memorandum of Agreement
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RESOLUTION NO. ,fit:
SERIES OF 2000
A RESOLUTION AWARDING A NEGOTIATED CONTRACT FOR E NGLEWOOD'S 2000
MICROSURFACING PROGRAM INSTEAD OF THE COMPETITIVE BID PROCESS
UNDER SECTION 116 (b) OF THE HOME RULE CHARTER AND SECTION -l-1-3-1 OF
THE ENGLEWOOD MUNICIPAL CODE 1985.
WHEREAS, the City of Englewood is responsible for maintenance of a pproximately 120
miles of public roadways in the City : and
WHEREAS, the Department of Public Works and Engineering and Street Maintenance
Divisions have developed a system-wide maintenance program in which they h ave found
Microsurfacing to be a viable and economic preventive maintenance alternative : a nd
WHEREAS , local contractors have not demonstrated the ability and/o r knowledge to
construct Microsurfacing acceptable to City standards when given the opportunity on
demonstration projects for other jurisdictions in the past: and
WHEREAS. the staff of the Public Works Department has evaluated the q u a lity of
Microsurfacing utilizing a s pecifi c local aggregate and a quick-set ERGON emulsion for the
past 9 ye ars : a nd
WHEREAS, Bituminous Asphalt Sealing Specialists, Inc. (BASS) of North Little Roc k .
Arkansas , has laboratory-tested and field-tested this product, and City staff has evaluated
the abtl1ues of this company m placing Microsurfacing, and has discussed the ir work quality
and product quality with other governmental agencies which have had years of exp e rie n ce
with dus company; and
WHEREAS , BASS , Inc. has now placed a total of 1,853,000 s quare ya rds
(approximately 725 blocks, or 91 mues of roadway) in the City of Englewood ove r a pe nod of
9 yea r s : and
WHEREAS . Section 116 (b) of the Englewood Home Rul e Charter and Secuon -1-1-3-1 ,
Englewood Municipal Code 1985 . allow contracts for public works or improve m e nts to be
negotiated, provided that contracts for which no competitive bids have been re quested have
been approved by resolution which shall declare the reason for e xce ption to t h e co mpe titive
bidding requirement;
NOW , THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , THAT:
Sectjon 1. The Department of Public Works is hereby a uthorized to n e gotiate a contract
for Englewood's 2000 Microsurfacing Program in an amount not to exceed $355 ,000 in lieu of
the competitive bid process as allowed by Section 116 (b) of the Englewood Home Rule
Charter and Section 4-1-3-1, Englewood Municipal Code 1985 .
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t!P.R-1-0 WED 3:46 ?n . "'
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STREET !lIVISION
2000 OVEaI.AY LIST
FROM
BE:LU:VIEW
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f'.A.'U»IlEN
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BELLEWOOD DR
BELLEWOOD DR
ll:.LEWCOil DR
BELLEWOOD DR
LOWE!.L
LIPA..'l DR
CHENANGO
CHENANGO
STANl"ORD
TUFTS
STA.."fFORD
CHENANGO
BELLEVIEW
BELLEVIEW
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LATION
STANFORD
LAYTON
LAYTON
BELLEWOOD DR
GRAND
P!NNSYLVANIA
SHElU".AN
SHERMA.'l
RADCLIFF
DARTMOUTH I ENGLEWOOD PKWY • 0 CORNELL
DARTMOUTH
HAMPDEN
FLOYD
HWY 28S
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?age No. 1
02/25/00
A'J:!Ntn:/STU!:1'
CHENANGO
GRAND
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STRE!T DIVISION
2000 MICRO-SOIU'ACING LIS':'
NUMBER F!OM TO CODt OF BLOCU
6.50 PENNSYLVANIA l:URON 1.00 WASHINGTON ?ENNSYI.VAN!A s.oo LOGA.'f FOX 3.50 ACOMA P.1.~0N 1.00 C!.AR.':tSON PEA.~!. ,.so FEDERAL LCWEL:. 4.00 BROADWAY HURON ,.oo STANFOR!> S":.'ANFOR!l 2.00 STA!i?OR!) ST.;NFOR!) DR:V? 2.00 IRV!NG LOWELL 4.00 C!:.ARKSON BROADWAY
2.00 QUINCY STA.'fFORD 2.00 ONION CHENANGO 2.00 QUINCY STANFOR!> 15.00 BELI.tvI!:W ffwi' 2SS 1.00 RADCL!IT STA..VFOlU:l 1.00 UNION L.\YTON 1.00 QUINCY '.UDCLIIT 1.00 UNION LAYTON 2.00 CHENA.'fGO s::::.u:v:tw 1.00 5000 BLOCX
2.00 4500 BLOCK 4600 BLOCK 1.00 5000 BLOCX
2.00 4500 BLOCK 4600 !LOCX 2.00 4500 Btoa 4600 BLOCX a.so HAMPDEN HWY 285 2.00 QUINCY STANFORD 1.50 !AST~'f GIR.UD 2.00 TUFTS LAYTON 1.00 CH!:1'ANGO Gi..\ND
1.00 QUINCY RADCLIFF 0.50 FLOYD !'LOYD PLACE I ,.oo BROADWAY HURON • 0 4.00 RADCLIFF TUFTS 2.00 CHENANGO Cilt BELLEWOOD DR 2.00 tARTMOOTH F!.OYD
93.00
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4. Micro-surfacing is more customer friendly, and doesn 't requ ire large quantities of loose rock that could
cause problems or concerns for our citizens . Th e short set tim e allows the roadway to be reopened
without long delays .
5. Micro-surfacing has the capability of being applied in any required thickness that is necessary to
address our street maintenance needs .
BASS is willing to return to Englewood in 2000 to construct our micro-surfacing proj ect at a unit price
comparable to last year's contract. even though there has been sign ificant increases this year in the pric e
of aggregate and petroleum based products .
Year Contract Square Blocks Price
Amount Yards Per Sauare YardG
1991 $280,000 160 ,000 60 $1.75
1992 $260,000 185 ,000 70 $1.41
1993 $305,000 201 ,000 76 S1.52
1994 $315,000 207,000 80 $1.50
1995 $339 ,000 209 ,000 80 $1.62
1996 $358,000 223,000 86 $1 .61
1997 $360,000 240,000 97 $1.58
1998 $361 ,000 214 ,000 90 $1.69
1999 $350,000 214,000 86 $1.63
2000 Proposed $355 ,000 201,000 93 $1.77
$500,000 is available in the Road and Bridge PIF account for 2000. An agreement has been reached
with the City of Cherry Hills Village whereby they will contribute $6 ,114.00 to our program to cover the ir
jurisdiction on Clarkson Street. The balance of fund ing in the 2000 Road and Bridge PIF account w ill be
utilized for asphaltic concrete overlays by Englewood forces, and associated maintenance program
administration , testing , program studies and inspection.
LIST OF ATTACHMENTS
Attached is a list of streets proposed for inclusion in our 2000 Micro-surfacing and Overlay Programs .
They are intended to be representative of the proposed programs and are, of course , subject to your
rev iew and comment.
• Due to the varying appl ication rates oi m icro-surfaci ng , and ever changing roadway c onditions , m icro-
surfac ing 1s contracted by unit weight applied (tons ).
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Micro-surfacing requires highly specialized construction equipment . Based on our last nine years of
experience , we know that the use of continuous micro-surfacing equipment produces a superior product
when compared to that applied with truck-mounted type machines . Continuous equipment provides
consistency of application and minimizes seams by reducing equipment stops and starts . The number of
continuous micro-surfacing machines continues to grow throughout the country; BASS owns and operates
two of these machines .
BASS has successfully constructed micro-surfacing on selected arterials , collectors , in dustrial and local
service streets in our 1991, 1992, 1993, 1994, 1995, 1996 , 1997, 1998, and 1999 micro-surfacing
programs . Throughout our nine-year experience with "Englewood " micro surfacing , and BASS , Inc.,
citizen response continues to be positive . The workmanship of BASS , Inc . remains superior.
Staff continues to monitor slurry seal and micro-surfacing activities in the metro area . We know of only
one other jurisdiction in the metro area that utilized a micro-surfacing product in 1999 . The City of
Thornton received three contractor bids on their 1999 program . They did not use our specifications and
the low bidder's unit price for their program was less than ours . However, the City of Thornton was not
impressed with the results from their program , and they have indicated that they do no t plan to utilize
micro-surfacing in the future .
Most of the cities in the Denver metro area apply either slurry sea ls or chip seals to he lp prolong
the life of their roads . Slurry seal is a very thin application produc t. Because of the thin
application (1/8 inch thick or less), the protection and benefits of this treatment are not significant.
Chip seals rely on the rock or aggregate to provide traction and protection benefits. However. ch ip
seals are dustier: when cars drive too fast immediately after the chip is applied, cracked
windshields can occur; the streets are nosier; and, when kids fall off their bikes , their scrapes are
worse . Citizen complaints are typical with chip sealing .
As a result of the outcome of other agencies ' programs, we are reluctant to conduct a demonstration
project using local contractors . Our street system remains among the best in the Denver metro area , a
testimonial to Englewood's street maintenance strategy.
Experience with applying our product is crucial to a successful project. We prefer using the only
contractor that has repeatedly demonstrated successful applications utilizing the products and mix
designs that we have developed, and has consistently achieved the desired results . We are satisfied with
product performance to date and are particularly pleased with performance on our local service streets .
The contractor, BASS, Inc., is available to accomplish our 2000 project in mid May. Our 2000 Micro-
surfacing Program will target local and collector streets .
FINANCIAL IMPACT
We expect that bids for standard slurry in the metro area, using local contractors and lower quality
components than our specifications, should range from $1.10 to $1.35 per square yard in 2000. We
believe, however, that the recommended course of action represents superior value to our citizens ,
because:
1. The City of Englewood has developed a product that has superior workability than the standards
being utilized by other jurisdictions .
2. We are utilizing a contractor that has a 9-year track record with this product and our specifications,
and a 9-year history for being responsive to our needs and those of our citizens .
3. Micro-surfacing has construction advantages over slurries in that micro-surfacing can be used for rut
filling and leveling in addition to providing the surface seal and new wearing surface .
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COUNCIL COMMUNICATION
Date Agenda Item
April 17 , 2000
INITIATED BY
Department of Public Works
11 Ci
Subject
Resolution to Negotiate and Award Contract
for 2000 Micro-surfacing Program
I STAFF SOURCE
Ken Ross. Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Resolution No . 44, Series 1999, Resolution No. 51 . Series 1998, Resolution No. 43 , Series 1997,
Resolution No . 44 , Series of 1996 , Resolution No . 35 , Series of 1995. Resolution No . 40 , Series of 1994 ,
Resolution No. 39. Series of 1993 , Resolution No . 52 , Series of 1992. and Resolution No . 38, Series of
1991, approving negotiating contracts and awarding negotiated contracts for the 1999. 1998, 1997 . 1996.
1995, 1994, 1993, 1992, and 1991 micro-surfacing programs, respectively.
RECOMMENDED ACTION
We are seeking Counc il approval of a Resolution allowing a negotiated contract with Bitum inous Asp halt
Sealing Specialists. Inc., a.k.a., BASS , Inc., in an amount not to exceed $355 ,000 for our 2000 Micro-
surfacing Program .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Each year, our Streets Maintenance Division reviews Englewood 's 117 miles of streets and
determines which roadways are in need of maintenance efforts.
The design life of an asphalt road is 20 years . In order to coax 20 years of life out of our roads
with the tough Colorado freeze/thaw cycles, studded snow tires, the challenging and constantly
changing subsurface conditions, as well as the truck and bus traffic. we need to periodically
perform some resurfacing treatments .
Staff introduced "Englewood" micro-surfacing in 1991 . Our objective was to develop an alternative to
address the maintenance needs of roadways subjected to excess ive traffic volumes resulting in pavement
rutting and lanes requiring leveling tr ea tments along with new wearing courses and surface seals . M icro-
surfacing is a cost effective maintenance alternative that prov ides rut fil ling, leveling of existing
pavements. a surface seal and a new wearing surface . The fin ished product is jet black, aesthetically
pleasing, and exhibits more traction than the original asphaltic concrete for improved safety . Modif ication
in the product chemistry over the years has enabled us to open streets to through traffic in 20 to 30
minutes , if required.
BASS has satisfactorily participated in a partnership arrangement with the City for the last nine years to
construct our micro-surfacing programs, having now placed a total of 1,853 ,000 square yards of our
design product (approximately 725 blocks, or 91 miles of roadway).
Our design continues to specify the quality custom crushed, gray granite aggregate supplied by Asphalt
Paving Company , Golden , Colorado . We will continue to use the improved EAGON emulsion, as
developed for our program . However, our specified EAGON emulsions are not manufactured in the
Denver area . EAGON emulsions must be transported from Waco, Texas .
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Section 2. The Department of Public Works is hereby authorized to enter into a contract
for the Englewood's 2000 Microsurfacing Program pursuant to their investigations of local
aggregate , quick-set emulsion produced by the ERGON Refinery in Waco , Texas and
construction of the product on Englewood streets by Bituminous Asphalt Sealing Specialists,
Inc., of North Little Rock, Arkansas.
ADOPTED AND APPROVED this 17th of April. 2000 .
Thomas J . Burns. Mayor
ATTEST:
Brenda J . Castle , Deputy City Clerk
I. Brenda J . Castle, Deputy City Clerk for the City of Englewood , Colorado , he reby certify
the above is a true copy of Resolution No ._, Series of 2000 .
Brenda J . Castle
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RESOLUTION NO .~
SERIES OF 2000
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A RESOLUTION SUPPORTING THE PURCHASE OF NORWEST BANK PROPERTY
FROM NORWEST BY THE ENGLEWOOD ENVIRONMENTAL FOUNDATION FOR THE
CITYCENTER ENGLEWOOD.
WHEREAS , The Englewood Environmental Foundation was formed to relieve the
burdens which would otherwise be assumed by the City of Englewood . Colorado, in
connection with the environmental remediation, land use planning and preparation for
redevelopment of the Cinderella City shopping center: and
WHEREAS , the Englewood Environmental Foundation was formed to provide support for
the redevelopment and enhancement of the City's commercial environment and is a separate
and distinct corporation; and
WHEREAS , the City Council of the City of Englewood. Colorado. supported the Master
Plan proposed on August 10 , 1998 by the Englewood Environmental Foundation; and
WHEREAS , the purchase pnce of the Property is $630 ,000; and
WHEREAS , the Englewood Environmental Foundation has been requested to contribute
$150,000.00 to the purchase of the Norwest Bank Property; and
WHEREAS, Miller Weingarten will contribute $480.000 to the purchase of the Norwest
Bank Property; and
WHEREAS, Miller Weingarten will give the Property to the Englewood Environmental
Foundation which will be the owner of the property ;
WHEREAS, the Norwest Bank Property will be included in the CityCenter ProJect and
will enhance the Master Plan and overall site design;
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT:
Section 1. The City Council of the City of Englewood , Colorado, hereby supports the
purchase of Norwest Bank Property from Norwest by the Englewood Environmental
Foundation for the CityCenter Englewood .
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COUNCIL COMMUNICATION
Date Agenda hem Subject
Resolution supporting the
Englewood Environment
April 17,2000 11 C ii Foundation 's contribution of
$150 ,000 for the purchase of
the Norwest Bank orooertv
Initiated By Staff Source
City of Englewood , Administrative Services Frank Gryglewicz. Director
Department
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City Council has made the redevelopment of the Cinderella City property an ongoing priority . The
Project has been discussed by Council numerous times . Council discussed the purchase of Norwest
Bank property at a study session held April 10, 2000 .
RECOMMENDED ACTION
Staff recommends the City Council approve the attached resolution.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
This resolution supports the Englewood Environment Foundation 's contribution of $150,000 toward
the purchase of the Norwest Bank Property . Miller Weingarten will contribute $430 ,000 toward the
total purchase price of $630,000 . A supplemental appropriation is not required because the funds
were previously transferred for use on the project. The $150 ,000 constitutes a reduction of funds that
would have been returned to the City 's General Fund .
FINANCIAL IMPACT
The City's estimated return of funds is reduced by $150 ,000 .
LIST OF ATTACHMENTS
Proposed resolution
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Sectjon 2 This resolution of support in no way waives or delegates the City's regulatory
powers , duties and responsibilities with respect to zoning and governmental issues .
ADOPTED AND APPROVED this 17th day of April, 2000.
ATTEST : Thomas J . Burns , Mayo r
Loucrishia A. Ellis, City Clerk
I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado . hereby certify the
above is a true copy of Resolution No.~ Series of 2000 .
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item Subject
Continuation of a motion to
April 17,2000 11 C iii approve a temporary
agreement with McleodUSA
Telecommunications Services
Initiated By Staff Source
City Manager's Office Mike Flaherty , Assistant City Manager
Leigh Ann Hoffhines, Communications Specialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
At the April 3 , 2000 City Council meeting , City Council considered a request to approve a temporary agreement
with McLeodUSA Telecommunications Services, Inc . Council continued the motion until the April 17 , 2000 City
Council meeting because they considered the information regarding the company 's construction plans
inadequate .
RECOMMENDED ACTION
Staff recommends that City Council continue the motion until such a time that City Council has an opportunity to
consider an updated rights-of-way ordinance , or until details regarding McLeod 's construction plans have been
discussed with and approved by pertinent City departments.
BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City has been approached by McLeodUSA, a telecommunications company seeking to offer local and long
distance telephone service to residences and businesses in Englewood and other communities across the metro
area . McLeodUSA representatives have requested approval of the anached temporary agreement . the contents
of which have been approved by the Greater Metro Telecommunications Consortium , legal counsel , and City
staff .
The City 's current right-of-way ordinance does not take multiple providers into consideration , and is in need of
revisions to address this and other issues. The Greater Metro Telecommunications Consortium has drafted a
model right -of-way ordinance that many metro area communities will use as a guide to update their ordinances.
Staff will be bringing this revised right-of-way ordinance before Council in the next few weeks . In the meantime ,
McLeodUSA is seeking the City 's approval on a temporary agreement that will allow them to pursue their
construction plans in Englewood . The temporary agreement ensures that McLeodUSA will adhere to all required
perrnining policies and will comply with all applicable federal , state , and local laws and regulations , including
those contained in the updated right-of-way ordinance if , or when , it is adopted.
According to the Englewood Municipal Code , the City Manager is authorized to grant approval on this temporary
agreement , but in the interest of keeping City Council informed on telecommunications and other pertinent
issues , staff seeks Council support before moving ahead with this agreement .
FINANCIAL IMPACT
There is no direct financial impact expected as a result of this agreement . When McleodUSA begins providing
services in Englewood , the company would, of course , be responsible for any applicable occupational taxes.
LIST OF ATTACHMENTS
Proposed temporary agreement
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03 1 29 100 12 :17 FAX I Jl9 79 0 i 901
Via Facsimile and U.S. Mail
Gary Sears
City Mmager
City of Englewood
3400 S. Elati Strcct
Englewood, Colorado 80110
MCLEOD LEGAL
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March 29 , 2000
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As a follow-up to prior discussions, this Agrecmem 1s to c~nfirm o
understanding and agreement with respect to the inte ntion of i\l cL~odU SA
Teleconununications Services, Inc . ("McLeodUS A'') to build a fiber optic
telecommunications network within the City of Englewood . McLeod USA ~ requesting
the City 's permission to use th e public right -of-way to install and maintain thi s
telecommunications neiwork . ln no event shall McLeodCSA util ize its I
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telecoRWJunications facilities for the provision of cable tele,'ision services f.thoul fi rst
ob1aimng a cable franchise or an OVS agreement (as required by law) from re City.
McLcodUSA is aware that the City is in the process oi considering an ord inance
that would govern the place1J1cnt of the McLeodUSA telec ommurucations facilitie s
within the public right-o f-way. McLeodUSA desires to begin installations of its
telecommunications facilities within the City limits at Mc Leo dUSA 's risk while the City
is determining how to regulate the use by pm-ate entities aml public utilities of the public
right-of.way . Such installation shall include , but not be limited to fiber optic cable,
underground conduits, ducts , and manholes , and shall be in accordance with the
documents provided to the City . Moreover , McLcodUSA sha ll adh ere to applicable Ci ty
permitting requirements, City construction standards, and the Man ual on Unifonn Traffic
Control Devices .
McLeodUSA shall, at il5 own exp ense, make installal ions in such a manner so os
no t to interfere with the reasonable and proper use, co nstru ction , reconstruction and
maintenance of any public impro vements of an y ex isting or fu ture publi c utility system
component, or other publ ic stru cture upon or under public property. McLeodUSA shall
conduct its work in such a mann er so as to cause as link in terference as poss ible with
pedestrian and vehi cu lar traffic. funher, McLeodU SA shall keep accurate maps of its
facilities anll make these maps availab le to the Clly. Thes e maps shall be in an "Auto
CAD" format. McLeodUSA shall pro vi lle met all ic rrace r with underground warning tape
for all underground installations, and shall provide adequa lc horizo ntal clearance with
existing and pruposcll utilities that must share the right of way . In add ition, McLeod
McUooUSA TID<SOLOG YPUl 6400C Stteel SW l'OBo, 3177 (EIJAlt KA,ms, U52406-3 t77
l'ooNE 319-364·0000 FA.x 319·790-7?01 hup :1/www mclcodun.com
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Ciiy of F.qlewood
March 29, 2000
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certifies to the City that it is a member of the Utility Notification Center of Colorado and
will provide representatives from McleodUSA to provide locales of our facilities on a
timely basis .
As a condition to use of the public right-of-way and public property,
McLcodUSA shall at its own expense, repair or cause repair to any priva1e propeny.
public utility system component, public improvement, public righl-of-way or public
property damaged by such location, construction , reconstruction , rcplaccment or repair
woric. McLcodUSA shall restore all such pmpeny to its previous condition at its
expense . Toe City shall not remove nor relocate McLcodUSA's faci lit ies without first
obtaining McLeod USA 's prior written consent ; pro vi ded , howe,·er that in case of
emergency, the City reserves the right to remove or relocate the fac ili ties of
McLeodUSA, at McLeodUSA 's expense, upon verbal noti fic ati on to the McLeod 'SA
Nerworlc Management Center tl-800-322-2385) prior to such removal or relocation .
McLeodUSA covenants to indemnify, defend, and save harmless the City and its
officers, agents and employees, hannless .from any and all cl auns and demands fo r
damages to property, and for iojucy or death to persons , and including all expenses
incmred in defending against any such claims or demands , which directly arise out of or
arc caused by the erection, maintenance, presence, use. rearrangement or removal of
McLcodUSA facilities , or by any act of McleodUSA, its agents and rniployees .
McLeodUSA shall carry insurance in such amounts and fonn and in such
companies as are reasonably satisfac tory to City so as to pro 1ect McLcod li SA and the
City from and against any and all claims, demand s, x tions , 1udgemmts, costs, expen ses,
and liabilities of every name and nature which may lrisc or resu lt direct ly from or by
reason of such loss , injury, or damage . MclcodUSA agrees to require contractors and
subcontractors engaged in work for McLcodUSA within the public rights-of-way or on
public property to maintain in effect during the term of work li abil.ity insurance in
comprehensive fonn and in the amounts to be sel by the Ci ty . An insurance certificate
naming the City as an additional insured will be prov ided to th e Ctty before commencwg
work .
The placement of facilities by McLeod USA in the ri ght -of-way is subj~t to all
applicable federal, state and local law s, regul atio ns lnd orJc rs of go , enun cntal agencie s
as amended, including but not lim ited to, the Commun icati ons Act of 1934, as amended
by the Telecommunication Act of 1996, Pub . L. No . I 04-104 ~ IOl (a), 110 Stat. 70
codified at 47 U.S .C. 151, et seq., :md all orders, rules , tan ffs , and regul ations issued by
the Federal Communications Commission or the governing stat e authority pursuant
thereto, C.R.S . §38-5 .5-101 ct seq . ("Law"). lf the Cit y enacts an ordinlllce regulating
the use of rights of way in the City, requiring compensation to be pa id to the Cit y for the
privilege of occupying the ph ysical space in the nght of way , and the Cit y requ ires
compensation to be made from all telecommunication s pro v,Jers (as defined by state law )
on a compcl ttively neutnl and nond iscriminatory bas is, the n McLeodUSA shall pay the
fees required by such ordinan ce. It is the inte nti on of both the City and McLeodUSA to
preserve an y rights and reme dies at law , in cl ud ing the ri ght 10 challenge any provi si on of
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03 /29 /00 12 :Zt F.U I 319 790 7901
City of l!a&lewood
Man:b 29, 2000
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l~LEOD LECAL
a City ordimncc that McLcodUSA believes is in violation of local, stale and fedcnl law .
ll is undcntood 111d ageed that the execution of Ibis Agreement or placcmcol of ficilities
by McLcodUSA in the rigbl of way is not a waiver of any rights or obligations of either
the City or McLeod USA under tho law.
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Vice Presidcul & General Counsel
Accepted and agreed this _ day of _____ __, 2000 .
CITY OF ENGLEWOOD
By:
Title : Director of Public Works
By:
Tide: Director ofUtilities
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2480 W. 26th Avenue • Suite 2009
Denver. Colorado 802 11-5580
(303 ) 455 -l CXXl • FAX (303) 480-6790
Denver Reg ional Council of Governments
e -mail. drcog @drcog.org • w e bsite : www.drcog.org
Accessib le an RTD Route 28
"Local govemmenTs united toge ther to ocnieve o better future for our reg10n •
Memorandum
To :
From:
Re :
Date:
Chairman and Members of the Board of Directors
Guillermo V. Vidal, Executive Director
Mile High Compact Draft
April 19, 2000
Pursuant to your direction at the February Board meeting, we have been working in
partnership with the Metro Mayors Caucus to draft a regional intergovernmental
agreement on the role of local comprehensive plans as the primary mechanism for local
growth and development decision making. A working group, comprised of members of
both DRCOG and the Mayors Caucus, has been meeting regularly since March 6"' to
draft such an IGA.
Now called the Mile High Compact, the document is close to final draft form ; it is
attached for your information . This draft shows the consensus language of the working
group thus far . Our next steps include the following activities :
• Begin discussions with the editorial staffs of the Post and News to inform them of the
leadership efforts of the working group; and
• Discussions with the various policy boards (including city councils and boards of
county commissions) on the issues reflected in the Compact.
The working group will meet again on April 26"' to finalize the language of the Compact
and to discuss strategies for getting it signed by local governments.
Also attached is a draft resolution suggested by the IGA Committee, of activities that
DRCOG should undertake on an annual basis in support of the Mile High Compact.
loaN:I Olllc ... Eaec:ullve Commillee
Jo n Schenck . Chairman
Sharon Richardson . Vice Chairman
Melonie A Worley . Secretory-Treasu rer
Roland E. Cole. Immediate Post Chairman
Guilte!mo "Bill " V VIOol . Executive Director
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Sharon Richordsen . Chairman
Melonie A . Worley . Vice Chairman
Lonolne M Anderson
Roland E Cole
Poul D Danish
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Mortin J Flaum
Robert Poirot
Jo n Schenck
Richard M Sheehan
Leona Stoecker
W1lllom "Will" R Toor
Steve Waid
Wellington E Webb
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04/12/00
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MILE HIGH COMPACT :
THIS AGREEMENT is made and entered into this day of
200 __ , pursuant to Article XIV , Section 18 (2)(a ) of the
Constitution of Colorado and Section 29·1-203 of the Colorado Rev ised Statutes ,
by and among the cities of [home rule and /or statutory
cities], and towns of political subdivisions of the
State of Colorado , hereinafter referred to as "C ities ", and the counties of
____ _, Colorado , bodies politic organized under and existing by virtue of
the laws of the State of Colorado , hereinafter referred to as "Counties ".
~cu i•••iiil
I. WHEREAS , the Cities and Counties recognize that tAeir iAei·,ietJel growth
and development dec isions can se,ietJsly impact~ neighboring j urisdictions
and the region ; and iiPiP uiii -$
II. WHEREAS , tAe Cities eAe GetJAties eeR'IR'lit te Metro Vision 2020;
collaboratlwlly created by DRCOG members, business, environmental and
neighborhood leaders; provides a regional 89-tAe framework for local
decisions on growth and development within the Denver Regional Council of
Governments' (DRCOG) region ; and iiia-ai'ii'il
Ill. WHEREAS, the Cities and Counties are willing to make a commitment to
the accommodation and encouragement of planned growth and development, to
the orderly extension of urban services , to the enhancement of the quality of life,
to the proiectlon of the SM environment , and to the promotion of the economic
viability of their respective communities and the region; and
IV . WHEREAS , the Cities and Counties support planned growth and
development to maximize efficiency through coordination among jurisdictions,
provide for the orderly extension and integration of urban services , promote the
economic vitality of the Cities and Counties and enhance the 9.~~-of life of its
residents ; and ~~-HJ
V . WHEREAS , the Cities and Counties have Comprehensive/Master ~lans
that provide for the development within their respective jurisdictions ; and they
recognize Nt the need to have consistent and coordinated comprehensive
plans and master plans are Aeeessery In order to provide tor the effeeti'4'e
orderly growth and development of the region ; and ~
VI. WHEREAS , the Cities and Counties desire to voluntarily and
collaboratively set forth the principles defined herein that eeftAe Illustrate their
commitment to address the nature and location of growth within their individual
and overlapping jurisdictions and the region as a whole .
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NOW , THEREFORE , in cons ide rat ion of the mutual prom ises and cove nants
conta ined herein , the unders igned Cit ies and Coun t ies (hereinafter referred to
as we) agree as follows : ~~-
1. Metro Vision 2020 . TAe Cit ies aAa Ce1:JAt ies We acknowledge that Metro
Vis ion 2020 is the comprehensive guide for the development of the region a
eFitieel teel iA tFeAsletiAg U'le FegieA 's visieA feF gFewtt:t eAa aeve ler:3ffleAt ,
iAelt:JaiAg st:Jet:I isst:Jes es UFeeA GFewtt:t 8e1:JAaeFieslAFees , er:3eA sr:3eee aAa
tFeAsr:3eFtetieA . Moreover , tt:le Cities aAa Ce1:JAties we agree that Metro Vision
2020 is a dynamic document that reflects chane,s in the region:. wt:tiet:t will ee
Fe'liewea 8A8 1:Jf:368tea SA 8 Feg1:J l8F B8S iS f Q$J1%1g~;,=-'""7Z
2. Comprehensive/Master Plan . Tf'le Cities aAa Cet:JAt ies We acknowledge
that Comprehensive/Master Plans are a critica l tools in translat ing the
community 's vision into more spec ific goa ls. po li cies and progra ms to ma nage
the i r long-range growth consiste nt with the commun ities ' and th e reg ion 's vision .
Tt:le Cities Elfie Cet:JAties We agree to deve lop and approve Co mprehens ive /
Master Plans for each of tAeif our respec ti ve commun ities and to u~ate these
plans on a reyular basis , as determin ed by each j ur isd icti on . iu1' wt•
3 . Comprehensive/Master Plan Principles . ne Cities aAe Ce1:JAt ies We
recognize that there are certain fundamental pr inc iples that gu ide the
development of a Comprehens ive/Master Plan . n,e Cities eAa Cet:JAt ies We
agree to rely on the following princ iples in developing or amenJ;Mt' our
Comprehensive/Master Plans : · · A
• Metro Vjsjon 2020 . TM Local Comprehens ive /Master Plans wil l be
ae·,eler:3ea iA st:Jet:I a way tt:tet is consistent with the regiona l vision prov ided
by Metro Vision 2020 and w/11 incorporate, w#tere s,,tJre,Jrhlle, Its core
elements:
[-Designating the extent of urban development within a specified area;
-Creating a balanced multi-modal transportation system;
-Establishing a hierarchy of mixed-use, pedestrian and transit-oriented
urban centers;
-Preserving four free-standing communities of Boulder, Brighton, ·
castle Rock and Longmont;
-Development of a regional open space system;
-Preserving the region's natural environment, esf!:,:,/ally air and water
quality.] s;
• Pybljc partjcjpat jon . The comprehensive plan/master plan will be developed
through a public partic ipation process with the specifics determined by each
jurisdiction , but which will include a public hearing prior to th~doron of the
comprehensive plan /master plan . iim;,W ~5
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• Reflectjon of community values. The comprehensive /master plan will be a
reflection of the community 's values lif9t and the region ·s vision seeeAe.
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• Translate the yisjon into specjfjc goa ls eFaif'ler,ees policies and programs .
The comprehensive/master plan will translate the vision for the community
into specific goals , erE!iABf'lees , polic ies and programs and /or provide tffe
Implementation strategies te il'f'l!'lel'f'lef'lt tt:le geels , ereif'le.~:~ ~1
!'F8flr81'1'19 . ~~, • .;. •.
• pmyjde for the broad needs of the communjty . The comprehensive /
master plan will provide for the diverse life-style, and life-SYS'le needs of the
community (residential and business ). .m-'·-at1
• kon• ,.,._ w11w. Tt:le eel'l'll'ret:leAsi·,e,t,,,_,e, ,,,a,. will ee i,t:iesee iAte tt:le
~t~re fer a A'liAil'f'l~l'f'I tffffitfttl"' el twef'lt'j years er t1rtlH I~
llfllllleflf. ~ iii CE!
• t.czaa:c,na view. Local comprehensive/master plans will address the
development and re-development of the community for a twenty-year
period, as we/I as considering the build-out of the communi!f: ------..-..__~-
• Qynamjc. The comprehensive/master plan will be a dynamic document and
be able to reflect changes in the community .
• Long-range Afan for major infrastructure . The comprehensive/master plan
will addrw the s,reviee a leAg reAge i,lef'I fer tt:le major infrastructure that
will be needed to support the development of the community . The~
Incremental, Implementing elements of the long-range plan wettle will be
identified in the capital improvements/project plan .
• Coordjnated . The comprehensive /master plan will coordinate the various
elements, such as transportation, land use , !efltAg; community facilities , that
must come together in order to provide for the desired qua of life .
• loterqoyemmentaj coUaboratjon. Issues that overlap or affect neighboring
jurisdictions or districts will be addressed in a collaborative ~recess .
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4. Elements of a Comprehensive/Master Plan. Tt:le Cities ef'le Ge~Aties We
agree to include and/or address the following elements within ~ our
Comprehensive/Master Plans , [as Bl'l''el'Fiete]: iiia""u ir& i
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• Land use and growth coordjnatjon. This element 9ftettle includes
identification of the desired land use patterns, where growth is anticipated or
desired to occur over the time period of the plan, and the anticipated amount
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of development at the end of ll=le lf'HHffffftlfff twenty years or buildout. ~
~ An urban growth boundary/area w ill be based on these decisions
~~Fij!?' ~~! eeffSitle,efliA ffie l(iAg ll=lis eJeteFffiiAetieA. ~
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• Proyisjon of seryjces and commynjty tac jJitjes. This element 5Aetfle provides
a description of wl=tet the essential services and community facilities (for
example, schools, fire, police recreation, libraries , etc.) ate to be
provided or available to the community , the level of such services , and what
services and/or community facilities are necessary in the future to address
future growth for the plan period . . -~ .--'. ~·-· -
• ~-This element 5Aetfle provides a descript ion of wl=tet how utilities with
sufficient capacity will be provided to serve planned development and
re-development. Such utilities should include , but not be limited to
water, wastewater and drainage eFe e¥e ileele eAeJ i eF AeeeJeeJ le J'Fev ieJe feF
Ae'N .ee¥eleJ3ffieAt, eAe 'NAetAeF tAe 1:1mfm~t;a;..je;;1e
J:9Fev1eJe seFV1ee .
• Transportatjon and transit. This element~ addresses how the
community plans to accommodate the transportat ion demand for the
timeframe of the comprehensive/master plan . includ ing alternat ive modes of
transportation such as trails and bikeways and transportation demand
reduction strategies . This element will also reflects Metro Vision 2020
regional mutt/-modal transportation plans (R'1899 tF8ASitiei?awl
• Pactss and recreatjon. This element 5Aetfle addresses wl=let is J3Fe¥ieJeeJ
e1:1f'feAtly feF how the community provides 89 well 89 future parks and
recreation facilities and opportunities to serve the community . Plans for trail
co"ldors, bike paths, etc. 1lltetlld will be coordinated with overlaeplng
and neighboring Jurisdictions. ...:,re n:;s;;;:r • ~
• Open space. This element 5AetflE! addresses the community 's e1;1FFeAt aAeJ
J:!l8AAeeJ future open space preservation which~ 5Aetfle will be coordinated
w ith, but not limited by, the plans of overlapping and neighboring
~ns and the Metro Vision 2020 Open Space Plan. ~ilih 4
~ 51
• Economjc yjabjijty . This element 5Aetfle inc ludes a rev iew and projection of
the economic viability of the commun ity based on ex ist ing and projected
commercial/i ndustrial activities and employment included in the
comprehensive /master plan and their i'!!/!!!.cts on the other elements of
the plan. ll!ia....;;,..~
• Hoys jng . This element 5AetflE! addresses how projected population iAeFe8ses
changes, development and redevelopment are antic ipated to affect the
m ix , affordability, availability and redeve lopment needs of the community 's
hous ing stock . The relationship between housing and jobs will may be
~d~r~Ssed in the C~ntext Of the Fe~ieA eF s1bzQiooor,!; E!['e~z tO the
ind1v 1dual community . 1SJ~•.F-il!P.;;i1 j
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• Urban des ign /Community image /ldentjty . This element ~ addresses
how the community will shape its boundaries and urban landsca~ to further
its identi ty and image . ia,,i ·taf,op-;;io~~l
• Environmental resources and hazards . This element ~ ident ityies key
environmental resources , such as wildlife corridors and habitat areas . wh ich
are important for the community to preserve and to ident ify hazard areas that
should not be considered for development. This could also be included as
part of the land uses element since it provides the bas is for future land use.
Mereever , -tThls element aeltAewleElges 01at addresses the effects that the
location and type of growth and land develo~ment have SiSAifieeAt effeets eA
tl'le regieA's on air and water qual ity. ~ iii-' cc)
5. Urban Growth Areas or Urban Growth BoundariesfAfeae. Tl<le Cities aAEI
CetiAties We agree to adopt Urban Growth Areas or Urban Growth Boundar ies ,
as established by Metro Vis ion 2020 , within tAeiF our Comprehens ive /Master
Plans and to allow urban development only within those areas . We will
encourage and support the efficient development within our Urban Growth
Areas or Urban Growth Boundaries consistent with the goals of Metro
Vision 2020. Mod ificat ions to Urban Growth Areas or Urban Growth
Boundaries will be addressed through Metro Vis ion 2020 's flexib i lity process.
We agl'N to address nonurban growth outside of the urban growth area or
urban growth boundary through subregional planning, lntergow,mmental
ag,.,,.,,ts, comprehensive/master plans or revised Metro Vision policies.
G,e,_..,. e11tsiele et tl'le UreaA Grewtl'I 8e1:1AEl&Ff/P.rea e1:1t witl'l iA tl'le ielaf'!AiAg area
ef tl'le eity aAEf tl'le ee1:1Aty will reei1:1ire seieerete iAtergeverAA'leAt~gr:!;:,:i£;te
aelel,ess tl'lese iss11es . IDiliiiip · J
6. Comprehensive/Master Plan Approval . Eael'I City aAEI Ce1:1Aty We wlll
agrees te develop e our comprehensive plan/master plan through an inclusive
public partic ipation process including , but not limited to , a public hearing .
Piiiiirl :a
7. Comprehensive/Master Plan Implementation. Eael'I City aAEI Ce1:1At)' We
wlll eeA'IA'lits te use tReif our comprehensive/master plan as tl'le eesis for
updating local zoning and developme nt regulations . Moreover, we will develop
and adopt policies, procedures, ltteentlWN, and/or ordinances to implement
and enforce our Comprehensive/Master Plans that are consistent with the
provisions of our Comprehensive/Master Plan, Meire Vlslett 2629 lll'fd tltis
Ag,ee,ne11t. iiw,cai Will
8. Coordination with Other Plans . Tl<le Cities aAEf CetiAties agree te We wlll
work to coordinate tReif our plans with ne ighboring and overlapping
governmental entities and eefflffiit work to the lntegrateiert o!..,_~ our \ans at
a sub-regional level. ~irii.; =w
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9. Intergovernmental Agreements . The Cit ies eAe Cet1Aties a~ree te We will
enter into additional intergovernmental agreements , es a1313re13riete when
necessary , to address discrepancies and /or inconsistencies at the j ur isd ictional
boundar ies or any other planning and coordination matters . ~ ~;:;;;;a
10. Dispute Resolution . Individual communities will pursue dispute
resolution processes. The Cities eAe Cet1Aties We , ey sigA iA~ tt:lis AgreeffleAt ,
iAteAe te iA'li,leffleAt its 13revisieAs iA geed feitt:I . Mereever , tt:le Cities eAe
Cet1Aties .. agree te ee .. elei, a eis13t1te reselt1tieA 13,eeess te aeeress isst1es et
eeAfliet tAat fflay eeet1r ffeffl leeal Ceffl13rel'leAsi·,e .'MNte, PleM. Tt:le Cities aAe
CettAties We eeA'IA'lit te tl'le ee·,ele13ffleF1t ef st:1el'I a 13reeess witl'l iA eAe year ef tt:le
sigAiAg ef ttilis AgreeA'leAt. St:tel'I a eis13t:1te reselt:1tieA 13reeess will ee tt:le 13rifflery
A'letAee ef aearessiAg eis13t1tes regareiAg eeffl13tiaAee witl'I tl'l is Agreel'AeAt. {We
MIi 9tllMtll tJl•fllN Mlsctt§ #re"' /eettl ee,,,,.reltettslve/""'ete, ,,,.,.. ftJ .,. W='==~~===·=~e;1
11 . Pelleie9 aftel Preeeel1:11ree . Tt:le Cities eAe Cet:tAties agree te ee re le13 eAe
aaei,t i,elieies, 13reeeet:1res, iAeeAtives , aAe ereiAaAees te iffli,leffleAt eAe eAferee
tl'leir Geffli,rel'leAsi·,e/Master PlaAs tAat are eeAsisteAt witl'I tl'le i,re1; isieAs ef tl'le
GeA'l13rel'leAsive,'MNfe, Plett , Meire VisieA 2828 aAa tl'lis ~reefl'leAt
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+a-ff? 11 . Term . This AgreeffleAt sl'lall reFl'laiA iA ft:tll fel'ee aAe effeet t:1Atil
affleAeea iA wrftiAg er terffliAatea ey tl'le Parties . We will annually jointly
review title Af,w,,..,., ef ••• H8"' )Ni ""' llte • ., et epiAg, le
evaluate the effectiveness of the proceue• Nt forth herein and to propose
. any necessary amendments. Individual parties to this Agreement may
withdraw from participation by action of the governing body of the
withdrawing party and by giving all other parties 120 days written notice of
the Intent to withdraw and stating the reasons for the withdrawal.
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~ 44 12. Intent of Agreement. This Agreement is intended to descr ibe rights
and responsibilities on ly as between the named parties hereto . It is not intended
to and shall not be deemed to confer rights to any persons or ent ities not named
as parties hereto . We, by signing this Agreement, Intend taement Its
provisions In good faith. · · ~-A
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DENVER REGIONAL COUNCIL OF GOVERNMENTS
STATE OF COLORADO
BOARD OF DIRECTORS RESOLUTION NO.__, 2000
A RESOLUTION COMMJTING TO ACTIYJTIES TO REFINE METRO Yl$ION 2020
WHEREAS, the Board of Directors recognizes that Metro Vision 2020 is an
appropriate framework for local decision making regarding growth and development;
and
WHEREAS, Metro Vision 2020 will be reviewed and refined on an annual basis.
NOW THEREFORE BE IT RESOLVED, that the Board of Directors of the Denver
Regional Council of Governments hereby commits to the following activities :
• DRCOG will on an annual basis further refine Metro Vision, its policies and tools for
its implementation in consultation with local governments.
• DRCOG will continue to provide for strong local government input into the review,
update and implementation of Metro Vision through the use of advisory committees
or other means agreed to by local governments.
• DRCOG will provide and follow an annual work program and schedule of work on
Metro Vision that can be used by local governments to plan work that they need to
do in relation to Metro Vision. This annual work program shall be prepared in close
consultation with local governments.
• DACOG will prepare regional growth forecasts based on Metro Vision. DACOG will
work collaboratively with the Cities and Counties to reconcile local and regional
forecasts of population, employment, traffic and other factors with local
comprehensive plans through a transparent, open process .
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, APRIL 17, 2000
7 :30 P.M.
1. Call to order. / 4.J. f)-#1
2. Invocation. ~
3. Pledge of Allegiance . -{:; ll/'vfl.C)
4. Roll Call.
5. Minutes .
a . Minutes from the Regular City Council meeting of April 3 , 2000.
6. Scheduled Visitors. (Please limit your presentation to ten minutes .)
/
7 . Unscheduled Visitors . (Please limit your presentation to five minutes .)
g~l~ .!J93/ -s. ~
8. Convnunications, Proclamations, and Appointments.
4
a . Letter from Billy Douglas Jr. indicating his resignation from the Englewood Planning and
Zoning Commission.
10.
Proclamation declaring April 21, 2000 as Arbor Day .
Public Hearing . (None Scheduled)
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Consent Agenda.
a. Approval of Ordinances on First Reading .
i. COUNCIL BILL NO. 35 -Recommendation from the Administrative Services
Department to approve adopt a bill for an ordinance adopting amendments to the
City of Englewood Firefighters Pension Plan Document. STAFF SOURCE:
Frank Gryglewlcz, Director.
P ..... note: If you have a dlublllty and nNd Maxillary alda or urvtcu, p ..... notify the City of Englewood
(303-782-2405) at INst 48 hours In advance of when NrvlcN are IINded. Thank you .
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Englewood City Council Agenda
April 17, 2000
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ii. COUNCIL BILL NO. 34 -Recommendation from the Administrative Services
Department, City Clerk 's Office to adopt a bill for an ordinance adopting the
recodification of the "Englewood Municipal Code 2000" and to schedule a publ ic
hearing for May 15, 2000. STAFF SOURCE: Frank Gryglewicz, Director of
Administrative Services and Loucrishia A. Ellis, City Clerk.
b. Approval of Ordinances on Second Reading .
r,J-~ II i.
~;,~ ii.
Council Bill No . 29, approv ing amendments to the City of Englewood
NonEmergency Retirement Plan Document.
Council Bill No. 31, approving amendments to the City of Englewood Polic e
Officers Pension Plan Document.
c . Resolutions and Motions .
i.
ii.
Recommendation from the Administrative Services Department to adopt a
resolution transferring and appropriating funds for the purchase of the Arapahoe
Rental property . STAFF SOURCE: Frank Gryglewicz, Director of
Administrative Services.
Recommendation from the Department of Parks and Recreation to approve , by
motion , the purchase of a 4 wheel dr iv e tractor for use at the golf course. Staff
recommends awarding the bid to the lowest technically acceptable bidder, Turf
and Trail Equipment Company, in the amount of 26.495.00 . STAFF SOURCE:
Jerrell Black, Director of Parks and Recreation and Dave Lee, Manager of
Open Spaces.
iii. Recommendation from the Department of Parks and Recreation to approve , by
motion, the purchase of a fairway mower for use at the golf course . Staff
recommends awarding the bid to the lowest technically acceptable bidder.
Colorado Golf & Turf , in the amount of 524 ,987 .00. STAFF SOURCE: Jerrell
Black, Director of Parks and Recreation and Dave Lee, Manager of Open
Spaces.
iv. Recommendation from the Utilities Department to approve . by motion , a Sewer
Tap Agreement with W indmill Inns of Am erica. STAFF SOURCE : Stewart H.
Fonda, Director of Utilities.
v. Recommendation from the Util iti es Department to approve, by motion, an
amendment to the Sewer Tap Agreement w ith Drury Inn . STAFF SOURCE:
Stewart H. Fonda, Director of Utilities .
11. Regular Agenda.
a. Approval of Ordinances on First Reading .
i. COUNCIL BILL NO . 33 -Recommendation from the Department of Community
Development to adopt a bill for an ordinance approving the Planned Unit
Development for Hawthorn Suites Ltd. Hotel at South Pennsylvania Street and
U.S. Highway 285 and to schedule a public he · , 2000 to gather
public input on this issue . STAFF SOURC . ric a Lango , lanner.
P ..... note: If you have a dlablllty and nNd auxiliary aids or aarvices, plNaa notify the City of Englewood
(303-762-2406) at least 48 hours in advance of when aervicN are nNdad . Thank you.
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Engl-ood City Council Agenda
April 17, 2000
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12.
13.
ii. COUNCIL BILL NO . 36 -Recommendation from the Department of Publ ic Works
to adopt a bill for an ordinance approvi f a Slope Easement on
West Yale Avenue . STAFF SOUR : Ken Ross, D ector of Public Works.
iii.
b. Approval of rdinances on Second Reading. ,ff
c. Resolutions and Motions .
i. Recommendation from the Department of Public Works to adopt a resolution
authorizing staff to negotiate and award a contract for the 2000 Micro-Surfacing
Program. Staff recommends negotiating with and awarding a contract to
Bituminous Asphalt Sealing Specia · in an amount not to exceed
$355,000.00 . STAFF SOURCE: en Ros irector of Public Works.
Recommendation from the Department of Adm in istrative Serv ices to approve a
resolution supporting the Englewood Environmental Foundation 's contribution of
$150 ase of the Norwest Bank property . STAFF SOURCE:
Gryglewicz, D ector of Administrative Services.
General Discussion .
Mayor's Choice . ~ 1-,2
Council Merrbers' Choice. .AJ~ · ~OO l)tYI ~ 6&UA-O~ ./;'~
/} ----r./ J.J. /{!, SC. 6'~1, /J a P-3 · 7&1/.,
City Manager's Report. ~ .,(]~ /"'/.i) ~, _ "'eo / (/f) ~ U of ~ /60v-JA-
~ <7a1u., ~-111/l -~~
a.
b .
a . CityCenter Englewood Update .
14. City Attorney 's Report.
Adjournment. J: .I/ 7
The following minutes were transmitted to City Council between March 31 -April 13, 2000 :
• Englewood Cultural Arts Commission meeting of March 1 • 2000
• Englewood Liquor Licensing Authority meeting of March 8 , 2000
• Englewood Parks and Recreation Commission meeting of March 9, 2000
• Englewood Public Library Board meeting of March 14 , 2000
• Englewood Planning and Zoning Commission meeting of March 21 , 2000
P..._ note: If you have a dlublllty and need auxlllary aids or sarvlces, pl .... notify the City of Englewood
(303-782-2405) at least 48 hours In advance of when sarvlcaa .... nNdad. Thank you .
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